Circular No. 126/2017/TT-BTC dated November 27, 2017 of he Ministry of Finance on the reporting and disclosure of information on public debts and national foreign debts

CIRCULAR

On the reporting and disclosure of information on public debts and national foreign debts[1]

Pursuant to June 17, 2009 Law No. 29/2009/QH12 on Public Debt Management;

Pursuant to June 25, 2015 Law No. 83/2015/QH13 on the State Budget;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 78/2010/ND-CP of July 14, 2010, on on-lending of the Government’s foreign loans;

Pursuant to the Government’s Decree No. 79/2010/ND-CP of July 14, 2010, on public debt management operations;

Pursuant to the Government’s Decree No. 52/2017/ND-CP of April 28, 2017, on on-lending of the Government’s foreign loans to provincial-level People’s Committees;

At the proposal of the Director of the Department of Debt Management and External Finance,

The Minister of Finance promulgates the Circular on the reporting and disclosure of information on pubic debts and national foreign debts as follows:

Article 1.Scope of regulation and subjects of application

1. Scope of regulation: This Circular prescribes the reporting and disclosure of information on public debts and national foreign debts under Articles 24 and 26 of the Government’s Decree No. 79/2010/ND-CP of July 14, 2010, on public debt management operations.

2. Subjects of application: This Circular applies to agencies, organizations and individuals involved in the management of government debts, government-guaranteed debts, local administration debts and national foreign debts.

Article 2.Reporting regime

1. The Ministry of Finance shall summarize and make reports on public debts according to the forms in Appendix I to this Circular, including:

a/ Report on borrowing and repayment of foreign debts of the Government;

b/ Report on borrowing and repayment of domestic debts of the Government;

c/ Report on borrowing and repayment of government-guaranteed foreign debts;

d/ Report on borrowing and repayment of government-guaranteed domestic debts;

dd/ Report on borrowing and repayment of local administration debts;

e/ Report on borrowing and repayment of public debts.

2. Provincial-level People’s Committees shall summarize and make reports on local administration debts according to the forms in Appendix II to this Circular, including:

a/ Report on the borrowing and repayment of debts of provinces and centrally run cities;

b/ Report on the borrowing and repayment of debts arising from borrowing of on-lent foreign loans of the Government.

3. On-lending agencies shall make reports on borrowing for on-lending according to the forms in Appendix III to this Circular and submit them to the Ministry of Finance, including:

a/ Report on the borrowing and repayment of debts by each project borrowing on-lent foreign loans of the Government, made for each donor;

b/ Report on direct repayment of debts to foreign lenders under authorization of the Ministry of Finance;

c/ Report on the classification of debts arising from the borrowing of on-lent foreign loans of the Government;

d/ Report on projects borrowing on-lent foreign loans of the Government and having overdue debts;

dd/ Report on outstanding loans of units borrowing on-lent loans and  having overdue debts.

4. The State Bank of Vietnam shall summarize reports on foreign loans of enterprises according to the forms in Appendix IV to this Circular and send them to the Ministry of Finance, covering:

a/ Detailed information on confirmed foreign loans of enterprises;

b/ Information on the borrowing and repayment of medium- and long-term foreign debts by enterprises themselves;

c/ Information on the borrowing and repayment of short-term foreign debts by enterprises themselves.

Article 3.Disclosure of information on public debts and national foreign debts

1. The Ministry of Finance shall disclose information on public debts and national foreign debts according to the forms in Appendix V to this Circular, covering information on:

a/ Public debt and national foreign debt indicators;

b/ Borrowing and repayment debts of the Government;

c/ Borrowing and repayment of government-guaranteed debts;

d/ Borrowing and repayment of domestic debts of local administrations;

e/ Borrowing and repayment of national foreign debts.

2. Provincial-level People’s Committees shall disclose information on the borrowing and repayment of local administration debts, including borrowing from the Vietnam Development Bank, advance from the State’s cash fund; issuance of local administration bonds; borrowing of on-lent foreign loans of the Government, and other borrowings of local administrations.

Article 4. Time limits for reporting and disclosure of information on public debts

1. The time limits for making and sending regular reports to the Ministry of Finance are provided as follows:

a/ Within 30 days from the last day of each quarter, for quarterly reports;

b/ Before July 31, for first-half reports;

c/ Before February 15 of the subsequent year, for annual reports.

2. The Ministry of Finance shall summarize reports on public debts for reporting to the Government for the latter to submit them to the National Assembly and the National Assembly’s agencies and concurrently send them to related agencies in accordance with the Law on Public Debt Management and relevant laws.

3. The time limits for disclosure of information on public debts according to the forms in Article 3 of this Circular must comply with Clause 2, Article 26 of the Government’s Decree No. 79/2010/ND-CP of July 14, 2010, on public debt management operations.

Article 5.Forms of reporting

1. Written reports shall be sent to the Ministry of Finance and their electronic files shall be sent to: [email protected].

2. To-be-disclosed information on public debts shall be published on public debt bulletins and the Ministry of Finance’s Portal.

3. To-be-disclosed information on local administration debts shall be published in the forms prescribed by each provincial-level People’s Committee.

Article 6.Organization of implementation and effect

1. This Circular takes effect on January 15, 2018, and applies to the making of annual reports of 2017.

2. This Circular replaces the Ministry of Finance’s Circular No. 53/2011/TT-BTC of April 27, 2011, guiding forms for reporting and disclosure of information on public debts and national foreign debts.-

For the Minister of Finance
Deputy Minister
TRAN XUAN HA

* All appendices to this Circular are not translated.