The issuance of Decree 91/2018/ND-CP
09:03 AM 04/09/2018 |
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Implementing Decision 50/QD-TTg dated 11 January 2018 issued by the Prime Minister on the list of government documents and leading drafting agencies, the Prime Minister promulgates the execution of laws approved at Meeting number 4, the 14th National Assembly, in which the Ministry of Finance is assigned to lead and coordinate with related agencies to formulate the draft of government Decrees to guide the Law on Public debt management 2017, including Decree on issuance and management of government guarantee. As a result, the Ministry of Finance, has conducted the research, drafted and submitted to the Government for the issuance of Decree 91/2018/ND-CP dated 26 June 2018 on this issue.
With the purposes of (1) implementing the views of the Party, the law and the State in the formulation of the Decree to complete the system of public debt management tools and methods to manage it strictly, efficiently, publicly and transparently; (2) ensuring the consistency of the law databases including Law on public debt management 2017, Law on Investment and Law on public investment and related law documents; (3) clearly defining roles and responsibilities of agencies in the issuance and management of government guarantees, attaching the representation responsibilities with assigned roles and enhancing the use of borrowings, monitoring and managing tools and risk mitigation to ensure the debt safety, Decree 91/2018/ND-CP dated 26 June 2018 has updated new stipulations in accordance with Law on public debt management 2017, unified in one decree stipulations on issuance and management of government guarantee towards two policy banks.
In the Law on public debt management 2017, the contents on the subjects to be considered for government guarantee have been restricted in accordance with the spirits of Resolution 07-NQ/TW by the Political Bureau. Correspondingly, government guarantee shall not be issued to credit institutions and projects to be received government guarantees and types of borrowings are restricted. Specifically, there shall be no government guarantee to enterprises for external bond issuance and to policy banks for borrowings under loan agreements.
The content on 5 year government guarantee limit is added in accordance with Law on public debt management to ensure the requirement of limit formulation to submit to the Assembly for approval. Furthermore, this provision also acts as the base to formulate the annual government guarantee limit.
The conditions for government guarantee issuance complies with the Law on public debt management 2017 and guides specifically towards the tightness when considering government guarantee.
The decree also guides specifically on transitional provisions to reduce the problems which can possibly incur during the early implementation of the Decree among related parties.
Decree 91/2018/ND-CP dated 26 June 2018 by the Government on the issuance and management of government guarantee takes effect since 01 July 2018.