Thông tư 79/2021/TT-BTC sửa đổi Thông tư 81/2020/TT-BTC và Thông tư 342/2016/TT-BTC

CIRCULAR

Amending and supplementing Clause 1, Article 2 of the Circular No. 81/2020/TT-BTC dated September 15, 2020 on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 110/2018/TT-BTC dated November 15, 2018 on guiding the repurchase or swap of the Government’s debt instruments, Government-guaranteed bonds, local administration bonds in domestic market and the Ministry of Finance’s Circular No. 342/2016/TT-BTC dated December 30, 2016 detailing and guiding the implementation of a number of articles of the Decree No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of articles of the Law on the State Budget

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

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

Pursuant to the Government’s Decree No. 95/2018/ND-CP dated June 30, 2018 on providing the issuance, registration, deposit, listing and trading of Government’s debt instruments on securities market;

Pursuant to the Government’s Decree No. 93/2018/ND-CP dated June 30, 2018 on providing for provincial-government debt management;

Pursuant to the Government’s Decree No. 94/2018/ND-CP dated June 30, 2018 on public debt management operations;

Pursuant to the Government’s Decree No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of articles of the Law on the State Budget;

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

At the proposal of the Director of the State Budget Department;

The Minister of Finance promulgates the Circular amending and supplementing Clause 1, Article 2 of the Circular No. 81/2020/TT-BTC dated September 15, 2020 on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 110/2018/TT-BTC dated November 15, 2018 on guiding the repurchase or swap of the Government’s debt instruments, Government-guaranteed bonds, local administration bonds in domestic market and the Minister of Finance’s Circular No. 342/2016/TT-BTC dated December 30, 2016 detailing and guiding the implementation of a number of articles of the Decree No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of articles of the Law on the State Budget.

Article 1. Amending Clause 1, Article 2 of the Circular No. 81/2020/TT-BTC dated September 15, 2020 on amending and supplementing a number of articles of the Minister of Finance’s Circular No. 110/2018/TT-BTC dated November 15, 2018 on guiding the repurchase or swap of the Government’s debt instruments, Government-guaranteed bonds, local administration bonds in domestic market and the Minister of Finance’s Circular No. 342/2016/TT-BTC dated December 30, 2016 detailing and guiding the implementation of a number of articles of the Decree No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of articles of the Law on the State Budget as follows:

“1. Amending Clause 3, Article 16 as follows:

“3. Recording, accounting the amounts for issuance, swap, repurchase of domestic debt instruments into the state budget:

a) Loans through issuance of bonds, treasury bills, national construction bonds shall be recorded according to their par values;

b) In cases there arises differences between sale prices of bonds, treasury bills, national construction bonds and their par values, between the par values of repurchased bonds and their repurchase prices, such differences shall be accounted and monitored in the separate accounts; at the end of a year, based on the balance of the latter, in case of positive differences, the corresponding decrease in the interest payment expenditure of the budget shall be recorded, in case of negative differences, the increase in the interest payment expenditure of the budget shall be recorded;

c) For amounts arising from differences of par values between the swapped bonds and the swapping bonds, not to record them into state budget revenues and expenditures; in case of positive differences, the decrease in outstanding loan of the budget shall be recorded, in case of negative differences, the increase in outstanding loan of the budget shall be recorded immediately after the bond swap is carried out”.”

Article 2. Implementation provisions

1. This Circular takes effect on November 15, 2021.

2. Any difficulty and problem arising in the course of implementation should be promptly reported to the Ministry of Finance for consideration and specific guidance./.