Circular No. 80/2018/TT-BTC guiding the forms and reports on relending ODA loans and preferential foreign loans of the Government

CIRCULAR

Guidelines for reporting forms on re-lending of ODA loans and preferential foreign loans from the Government

 foreign preferential loans of the Government

Pursuant to the Public Debt Management Law dated November 23, 2017;

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 97/2018/NĐ-CP dated June 30, 2018 of the Government on re-lending of ODA loans and preferential foreign loans from the Government;

This Circular takes effect from February 15, 2025.

The Minister of Finance issues this Circular guiding the reporting forms on re-lending of ODA loans and preferential foreign loans from the Government.

Article 1. Scope of Regulation

This Circular guides the reporting forms on the situation of re-lending of ODA loans and preferential foreign loans from the Government as stipulated in Clause 4, Article 32 of Decree No. 97/2018/NĐ-CP dated June 30, 2018 of the Government on re-lending of ODA loans and preferential foreign loans from the Government, including reports on:

1. The situation of re-lending of ODA loans and preferential foreign loans from the Government;

2. Borrowing situation, financial situation of the re-lender;

3. Management situation of collateral assets for loan repayment;

4. Implementation, operation, exploitation situation of investment projects.

Article 2. Applicability

1. The re-borrower of ODA loans and preferential foreign loans from the Government includes:

a. Provincial People's Committees (hereinafter referred to as provincial People's Committee).

b. Public service organizations.

c. Enterprises.

2. Ministry of Finance

3. The agency authorized by the Ministry of Finance to act as the re-lending agency (hereinafter referred to as the "Authorized Re-lending Agency") shall be determined according to Clause 2, Clause 3, Article 22 of Decree No. 97/2018/NĐ-CP dated June 30, 2018 of the Government on re-lending of ODA loans and preferential foreign loans from the Government.

4. Organizations and individuals related to the implementation of the reporting system on the re-lending of ODA loans and preferential foreign loans from the Government.

Article 3. Reporting Forms

1. The re-borrower being a provincial People's Committee shall submit reports to the Ministry of Finance according to the reporting forms prescribed in Appendix I of this Circular, including information on:

a. The situation of re-borrowing ODA loans and preferential foreign loans from the Government, detailed by amount withdrawn, amount repaid, outstanding debt of each re-loan.

b. Debt situation of the provincial People's Committee by creditor/lender, detailed by each creditor, lender, including overdue debt arising (if any) by creditor or lender.

c. Implementation situation of projects using re-loan funds from ODA loans and preferential foreign loans from the Government.

2. The re-borrower being an enterprise or public service organization shall submit reports to the Authorized Re-lending Agency according to the reporting forms prescribed in Appendix II of this Circular, including information on:

a. The situation of re-borrowing ODA loans and preferential foreign loans from the Government, detailed by amount withdrawn, amount repaid, outstanding debt of each re-loan.

b. Financial situation of the re-borrower with creditors, detailed borrowing situation by each creditor, lender, including overdue debt arising (if any) by creditor or lender, detailed financial situation by short-term debt payment ratio, long-term debt payment ratio, debt/equity ratio (for enterprises) or debt/total asset ratio (for public service organizations).

c. Implementation situation of projects using re-loan funds from ODA loans and preferential foreign loans from the Government.

d. Management situation of collateral assets for loan repayment.

3. The Authorized Re-lending Agency that operates without bearing credit risk shall submit reports to the Ministry of Finance according to the forms prescribed in Appendix III of this Circular, including information on:

a. Debt situation of foreign loans for re-lending by creditor, detailed by foreign creditor and by project, re-loan, amount withdrawn, amount repaid, outstanding debt, overdue debt (if any).

b. Debt situation of foreign loans for re-lending by recipient, detailed by recipient and by project, re-loan, amount withdrawn, amount repaid, outstanding debt, overdue debt (if any).

c. Implementation situation of withdrawing foreign loans for re-lending, detailed by foreign creditors.

d. Implementation situation of repaying the Ministry of Finance, detailed by principal, interest, fee repaid by foreign creditor.

đ. Implementation situation of direct repayment to foreign countries, detailed by principal, interest, fee repaid by foreign creditor.

e. Situation of projects with overdue debt, detailed by principal, interest, fee overdue debt, reserve for risk, handling content and recommendation (if any).

g. Management situation of collateral assets, detailed by type of collateral asset, contract value registered for guarantee transaction, remaining value of collateral asset, handling content and recommendation (if any).

h. Overdue debt situation and debt classification, detailed outstanding debt over months and debt classification groups of re-borrowers.

4. The Authorized Re-lending Agency that bears full credit risk shall submit reports to the Ministry of Finance according to the forms prescribed in Appendix IV of this Circular, including information on:

a. Debt situation of foreign loans for re-lending by creditor, detailed by foreign creditor and by project, re-loan, amount withdrawn, amount repaid, outstanding debt, overdue debt (if any).

b. Debt situation of foreign loans for re-lending by recipient, detailed by recipient and by project, re-loan, amount withdrawn, amount repaid, outstanding debt, overdue debt (if any).

c. Implementation situation of withdrawing foreign loans for re-lending, detailed by foreign creditors.

d. Implementation situation of repaying the Ministry of Finance, detailed by principal, interest, fee repaid by foreign creditor.

Article 4. Exchange rate for report preparation, form of report

1. Figures on re-loan value, outstanding debt shall be prepared in the original currency borrowed and converted to USD and VND according to the state budget accounting exchange rate published by the Ministry of Finance, applicable on the last day of the reporting period.

2. Figures on disbursement of projects shall be prepared in the original currency borrowed and converted to USD and VND according to the state budget accounting exchange rate published by the Ministry of Finance, applicable at the time of transaction occurrence.

3. Figures on debt recovery of projects shall be prepared in the original currency borrowed and converted to USD and VND according to the selling exchange rate of the re-loan currency at the time of repayment as announced by the Vietnam Joint Stock Commercial Bank for Foreign Trade.

4. Reports sent to the Ministry of Finance and the authorized agency for re-loans shall be in the form of a document accompanied by an electronic file sent to the address notified by the Ministry of Finance and the authorized agency for re-loans.

Article 5. Effective Date

1. This Circular takes effect from November 1, 2018.

2. The preparation of reports on the situation of re-loans and the debtor's debt situation under re-loan contracts and authorization re-loan contracts signed before the effective date of this Circular shall be carried out in accordance with the provisions of this Circular./.