Chương 1 Nghị định 16/2014/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the provision and receipt of information, formulation, monitoring, forecasting and analysis of the balance of international payments of Vietnam.

Article 2. Subjects of application

1. The State Bank of Vietnam (below refereed to as the State Bank).

2. The Ministries of:

a/ Planning and Investment;

b/ Finance;

c/ Industry and Trade;

d/ Labor, War Invalids and Social Affairs.

3. Other individuals and organizations that provide information to serve the formulation, analysis and forecasting of the balance of international payments of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Residents and non-residents in Vietnam (below referred to as residents and nonresidents) are those defined by December 13, 2005 Ordinance No. 28/2005/PL-UBTV on Foreign Exchange and March 18, 2013 Ordinance No. 06/2013/UBTVQH13 Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange.

2. Balance of international payments of Vietnam (below referred to as balance of payments) means general statistical report on transactions between residents and non-residents over a given period.

3. FOB (free on board) value means the value of goods not inclusive of insurance cost and freight.

4. Non-financial, non-production assets include contracts, leasing contracts, licenses of marks, brands, symbols, domain names, rights to use natural resources, operation licenses and exclusive right to purchase a goods item or service.

5. Change in the State’s official foreign exchange reserve means an increase or a decrease in the State’s official foreign exchange reserve brought about by transactions in a reporting period.

6. Adjustment of balance of payments data means modification of previously publicized data on the basis of reviewing and comparing data sources in order to ensure the accuracy of data and compliance with the principles and scope of statistics of the balance of payments.

Article 4. Units providing and receiving information for formulation of balance of payments

1. Units providing information: The subjects specified in Clauses 2 and 3, Article 2 of this Decree.

2. Unit receiving information: The State Bank.

Article 5. Principles of information provision and receipt

1. Assurance of the truthfulness, objectiveness, accuracy, adequacy and timeliness of information provided.

2. Uniformity of report form, calculation method, unit of measurement, time limit for and method of information provision.

3. No repetition and overlap among information indicators.

Article 6. Types of information to be provided to the State Bank

1. Types of information provided by ministries include:

a/ Socio-economic development undertakings, policies, plans and strategies of Vietnam in different periods related to import and export of goods, services, labor, attraction of foreign investment, offshore investment; short-, medium- and long-term foreign loan borrowing and repayment, and the implementation of such undertakings, policies, plans and strategies;

b/ Information required in report forms provided in Appendices II, III and IV to this Decree;

c/ Other information at the request of the State Bank to serve the formulation, analysis and forecasting of the balance of payments.

2. Information provided by other individuals and organizations at the request of the State Bank and as prescribed in regular or irregular statistical surveys to serve the formulation, analysis and forecasting of the balance of payments.

Article 7. Methods of provision of information to the State Bank

1. Organizations and individuals may provide information outside the list of protected state secrets by the following methods:

a/ In written or facsimiled documents bearing signatures and certification of competent persons and authorities;

b/ By other methods prescribed by the State Bank on a case-by-case basis.

2. Organizations and individuals shall provide information on the list of protected state secrets to the State Bank in accordance with the law on protection of state secrets.