This Circular amends and supplements certain articles of Circular No. 34/2012/TT-BTC on the issuance of government-guaranteed bonds. The main content focuses on provisions regarding the time and manner of announcing temporary issuance limits as well as the format of periodic reports on bond fundraising and repayment situations.
适用范围
[Policy banks, enterprises issuing government-guaranteed bonds]
要点
- During the period before the approval of the guarantee limit by the Prime Minister, the Ministry of Finance will announce a temporary issuance limit for policy banks (Article 1.1).
- After receiving the approval from the Prime Minister on the guarantee policy and the guarantee limit, the Ministry of Finance will notify in writing to the issuer about the maximum issuance limit of bonds for the year (Article 1.1).
- Policy banks must submit periodic reports on the situation of raising funds and repaying principal and interest of bonds according to the form specified in Appendix 4 - Form 1 (Article 1.2a).
- Enterprises issuing government-guaranteed bonds must submit periodic reports on the situation of raising funds, using capital, and repaying principal and interest of bonds according to the form specified in Appendix 4 - Form 2 (Article 1.2b).
- This Circular takes effect from December 29, 2013.
🌐 本文件的社会影响
- Policy banks and enterprises issuing government-guaranteed bonds must comply with new regulations on announcing issuance limits and submitting periodic reports.
- Specifying the time and manner of announcing temporary issuance limits helps increase transparency in the bond issuance process.
❓ 常见问题
In cases where there is no approval of the guarantee limit from the Prime Minister, how will the Ministry of Finance announce a temporary issuance limit for policy banks?
The Ministry of Finance will announce a temporary issuance limit not exceeding the amount of maturing principal of government-guaranteed bonds in the first quarter of the planning year and the proposed guarantee limit being submitted to the Prime Minister, before December 31 each year (Article 1.1).
After receiving the approval from the Prime Minister on the guarantee policy and the guarantee limit, how will the Ministry of Finance notify the issuers?
The Ministry of Finance will notify in writing to the issuer the maximum issuance limit of bonds for the year to implement this Circular (Article 1.1).
What form must policy banks submit periodic reports on the situation of raising funds and repaying principal and interest of bonds?
Policy banks must submit periodic reports according to Form 1 in Appendix 4 (Article 1.2a).
What form must enterprises issuing government-guaranteed bonds submit periodic reports on the situation of raising funds, using capital, and repaying principal and interest of bonds?
Enterprises issuing government-guaranteed bonds must submit periodic reports according to Form 2 in Appendix 4 (Article 1.2b).
When does this Circular take effect?
This Circular takes effect from December 29, 2013.
全文
CIRCULAR
Amending and supplementing certain Articles of Circular No. 34/2012/TT-BTC dated March 1, 2012 guiding the issuance of government-guaranteed bondsnăm 2012 hướng dẫn về phát hành trái phiếu được Chính phủ bảo lãnh
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Pursuant to the Law on Public Debt Management dated June 17, 2009;
Pursuant to the Securities Law dated June 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Securities Law dated November 24, 2010;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 01/2011/NĐ-CP dated January 5, 2011 of the Government on the issuance of government bonds, government-guaranteed bonds, and local government bonds;
Based on Decree No. 15/2011/ND-CP dated February 16, 2011 of the Government on the granting and management of government guarantees;
Pursuant to the guidance of the Prime Minister in Official Letter No. 403/TTG-KTTH dated March 18, 2013 approving the guarantee limit for issuing government-guaranteed bonds for policy banks in 2013;
At the proposal of the Director of the Department of Financial Affairs of Banks and Financial Institutions,
The Minister of Finance issues this Circular amending and supplementing certain Articles of Circular No. 34/2012/TT-BTC dated March 1, 2012 guiding the issuance of government-guaranteed bonds.
Article 1. Amend and supplement certain Articles of Circular No. 34/2012/TT-BTC as follows:
1. Amend and supplement Clause 3, Article 10 as follows:
"3. During the period when the Prime Minister has not issued a document approving the guarantee policy and the guarantee limit for issuing government-guaranteed bonds for policy banks, the Ministry of Finance shall announce a temporary issuance limit for the first quarter of the planning year for policy banks, with a maximum value not exceeding the principal amount of maturing government-guaranteed bonds in the first quarter of the planning year and the proposed guarantee limit being submitted to the Prime Minister. The announcement shall be made before December 31 each year.
After receiving the Prime Minister's approval document on the guarantee policy and the guarantee limit, the Ministry of Finance shall notify in writing the issuer of the maximum issuance limit for the year permitted to issue government-guaranteed bonds for implementation in accordance with this Circular."
2. Amend and supplement Appendix 4 as follows:
a) Appendix 4 - Model 1: Quarterly/yearly report on the situation of raising funds and repaying principal and interest on bonds (applicable to policy banks issuing government-guaranteed bonds);
b) Appendix 4 - Model 2: Quarterly/yearly report on the situation of raising funds, using capital and repaying principal and interest on bonds (applicable to enterprises issuing government-guaranteed bonds).
Article 2. Implementation clause
This Circular takes effect from December 29, 2013.
2. During the implementation process, if there are difficulties or obstacles, the issuing organizations and related units shall promptly report to the Ministry of Finance for consideration and specific guidance.
DEPUTY MINISTER
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