Chapter 4.
RESPONSIBILITY AND RIGHT OF STATE MANAGEMENT
Article 46. Ministry of Finance
1. Assuming the prime responsibility and coordinatng with relevant agencies to guide the issuance, use and payment of government bonds, government-guaranteed bonds and local government bonds under the provisions of this Decree.
2. Assuming the prime responsibility and implementing plans for domestic Government bond issuance to raise capital for the state budget; developing guarantee limits for government-guaranteed bonds.
3. Framework regulations on interest rates of Government bonds, government-guaranteed bonds and local government bonds.
4. Being a hub to receive, aggregate, monitor and implement regulations on information and reports on the situation of issuance of Government bonds, government-guaranteed bonds and local government bonds.
5. Assuming the prime responsibility and appraising the scheme of bond issuance guaranteed by the government and local government bonds to ensure the project is built and approved in accordance with the content, processes, procedures and competence prescribed in this Decree.
6. Assuming the prime responsibility and elaborating schemes of Government bond issuance to the international market for submission to the Prime Minister for approval, organization of issuance and relending bond issuance funds, including:
a) Completing legal dossier for the issuance;
b) Assuming the prime responsibility and coordinating with relevant agencies to work with national trust factor rating organization;
c) Signing contracts with foreign partners related to the issuance of government bonds to the international capital market on the basis of the scheme of bond issuance approved by the Government;
d) Being a hub to provide information to foreign partners as regulated in the signed agreements upon international bond issuance.
dd) Selecting the relending agency and implementing the relending of international bond funds in accordance with the law on relending of foreign loan of the Government.
Article 47. State Bank of Vietnam
1. Making guidance and organizing registration and certification of foreign commercial loan limit for each Government-guaranteed bond issuance to the international market.
2. Re-purchasing foreign currency obtained from the government bond issuance in foreign currency and selling foreign currency to the Ministry of Finance to pay the principal and interest of bonds in foreign currency upon maturity.
3. Coordinating with the Ministry of Finance to organize the bidding for the issuance of treasury bills through the Stock Exchange of the State Bank of Vietnam.
4. Coordinating with the Ministry of Finance in completing dossiers and procedures related to the Government bond issuance to international market.
5. Providing necessary data and documents related to the field of management at the request of the Ministry of Finance and coordinating to work with trust factor assessment institutions.
Article 48. Ministry of Planning and Investment
1. Coordinating with the Ministry of Finance to make plans for Government bond issuance and government guarantee limit for bonds issuance.
2. Coordinating with the Ministry of Finance in completing dossier and procedures relating to the government bond issuance to the international market.
3. Providing necessary data and documents related to the field of management at the request of the Ministry of Finance and coordinating to work with trust factor assessment institutions.
Article 49. Ministry of Justice
1. To perform the domestic legal consultation role to the Government for the issue of government bonds to the international market.
2. Contributing opinions on legal issues in the issuance guarantee contracts and other legal contracts relating to the of government bond issuance, corporate bonds, government-guaranteed to international markets, the agreements on government guarantee before submitting to the Prime Minister for decision.
3. Assessing the various issues between the agreements on the Government bond issuance, corporate bonds guaranteed by the government to the international market with domestic law and monitoring the handling of these issues during the implementation of these agreements.
4. Providing legal opinions for agreements of Government bond issuance, corporate bonds guaranteed by the Government to international market and providing opinions on legal status of issuing organizations and guarantee agencies at the proposal of these agencies.
Article 50. Provincial-level People’s Committee
1. Making plans for local government bond issuance, loan repayment plan for submitting to the provincial-level People's Councils for approval and sending to the Ministry of Finance for appraisal.
2. Organizing the local government bond issuance under the scheme approved by the Ministry of Finance.
3. Inspecting and monitoring the use and recovery of borrowed funds from local government bond issuance.
4. Balancing the provincial budget to ensure the payment of bonds upon maturity.
5. Performing regulations on information and report under the guidance of the Ministry of Finance.
Article 51. Enterprises re-borrowing Government bond issuance funds
1. Complying with regulations of the law on re-lending the Government’s foreign borrowing funds.
2. Providing adequate documents and records of the investment projects which may use the Government bond issuance funds to international market for the Ministry of Finance to develop the scheme of bond issuance.
3. Taking full responsibility before law for the use of fund of international government bond issuance according to the objectives that the Government has approved. All acts of improper use or not fulfilling its obligations committed shall be handled as prescribed by law.
4. Making commitment and taking responsibility for timely and adequate refunding to the Ministry of Finance as agreed in re-lending contracts.
5. Organizing accounting and storage of appropriate documents on the withdrawal and use of loan and (quarterly and annually) making periodic report to the Ministry of Finance.
6. Periodically or irregularly upon request of the Ministry of Finance, the re-borrowing enterprises shall submit their assessment report and provide explaining documents relating to the effective use of loans from Government bond issuance funds; carry out compulsory audit and annual financial report on the use of funds and make report to the Ministry of Finance.
Article 52. Government-guaranteed bond issuing entities
1. Having the obligation to implement responsibility under the provisions of this Decree, the provisions of law for the provision and management of government guarantee and the relevant legal documents.
2. Implementing compulsory audit for annual financial report and regulations on information and report as prescribed by the Ministry of Finance.
Article 53. Ministries and sectors concerned
1. Supervising the management and use of Government bond funds investing in programs and projects under the management of Ministries and sectors.
2. Coordinating with the Ministry of Finance and other agencies involved in guiding, inspection, monitoring and implementation of the provisions of this Decree.
3. Coordinating with the Ministry of Finance in providing periodic or irregular data to serve the assessment of national trust factor, corporate trust factor and work with the trust factor assessment agencies.
4. Coordinating with the Ministry of Finance, the Ministry of Justice to provide necessary data and information to build the prospectus, draft legal opinions and attend the data verifying moments with a combination of guarantee banks and units related to the government bond issuance to the international market.
Article 54. Regulations on information and report
1. The issuing entity of Government-guaranteed bond and local government bonds shall make report on the situation of issuance and use of bond funds and debt payment to the Ministry of Finance.
2. The issuing entity shall carry out regulations on report under the specific guidance of the Ministry of Finance.
Article 55. Violation handling.
Organizations and individuals violating the provisions of this Decree shall, depending on the behavior and the seriousness of violation will be administratively disciplined, if causing material damage, compensation must be made in accordance with regulation of the law.In case of serious violation, prosecution for criminal liability shall be applied.
Tìm kiếm
Nghị định 01/2011/NĐ-CP (Bản Word)
