Thông tư liên tịch 10/2000/TTLT-BLDTBXH-BTC

JOINT CIRCULAR

GUIDING THE SUPPLEMENTS TO JOINT CIRCULAR No.17/1998/TTLT-BLDTBXH-BTC OF DECEMBER 31, 1998 ON THE RATING OF STATE ENTERPRISES

On December 31, 1998, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance jointly issued Joint circular No. 17/1998/TTLT-BLDTBXH-BTC guiding the rating of State enterprises. On the basis of the situation of enterprise rating at the ministries, branches and localities, after exchanging opinions with a number of relevant ministries and branches, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance hereby guide the supplements to enterprise rating as follows:

I. TO GUIDE THE SUPPLEMENTS, AMENDMENTS TO A NUMBER OF SPECIFIC POINTS OF CIRCULAR NO. 17/1998/TTLT-BLDTBXH-BTC AS FOLLOWS:

1. Regarding the conditions for enterprise rating consideration:

- Point 1 of Section II is amended as follows:

It has a level of State capital (owners capital) of from one billion VND or more by the time of rating, except for particular enterprises of some branches.

- Point 2 of Section II is amended as follows:

It is not on the list of State enterprises subject to transformation of ownership: merger, dissolution, bankruptcy, assignment, sale, contracting or lease.

2. The norm for production and business capital: Besides the four types of capital specified at Item a, Point 1 of Section IV, the following two types of capital are added:

- The State capital contributed to the enterprises joint ventures (if not yet included in the State capital amount);

- The balance of the borrowed capital for investment in fixed assets, which has been approved by the competent authorities.

For public-service enterprises, the State capital used for point calculation to rate the enterprises shall not include the amount of State capital invested in infrastructure and assigned to the enterprises for management in service of the public interests.

3. The norm for labor force (Item e, Point 1 of Section IV) is further guided as follows:

The labor force: is the average number of laborers actually employed each year, including laborers working under short-term contracts. The method of calculating the average labor force is as guided in the Ministry of Labor, War Invalids and Social Affairss Circular No. 08/1998/BLDTBXH-TT of May 7, 1998 guiding the calculation of the average labor force in enterprises.

4. The branch- or field-managing ministries must provide concrete guidance on the norm "Production technology level" for the rating of enterprises as prescribed.

5. The norm for remittance to the State budget (Item b, Point 2 of Section IV) is re-defined as follows:

Remittance to the State budget: Reflecting the amount payable to the State budget arising in the period (excluding social insurance and medical insurance premiums, payment to trade union fund, fines, surcharges, traffic fees).

For enterprises enjoying profit tax exemption or reduction as a policy entitlement, their payable profit tax amounts, which are exempt or reduced, shall also be used to calculate points for their classification according to the Finance Ministers decision.

6. The profit ratio (Item c, Point 2 of Section IV): is the percentage between earned profits and total business capital prescribed at Item a, Point 1, Section IV of Joint Circular No. 17/1998/TTLT-BLDTBXH-BTC and Point 2, Section I of this Circular (excluding investment capital not yet put to use).

7. The consideration of points for enterprise classification is prescribed as follows:

- In the two years preceding the year of application for classification, the enterprises must have sufficient points according to the rating point bracket and they will be properly rated according to the number of points they have got.

- The norms for calculation of rating points in the production and business plan of the year when the enterprises apply for classification (already approved by the competent level) must not be lower than those achieved in the preceding year.

8. Provisions on calculation of points for the profit norm for public-service enterprises:

If public-service enterprises stipulated in the Governments Decree No. 56/CP of October 2, 1996 detailing the implementation of the Law on State Enterprises and the Planning and Investment Ministrys Circular No. 03/KH-DT of January 25, 1997 guiding the implementation of Decree No. 56/CP mentioned above, earn no profits, they shall be given an addition of the lowest point of the profit norm prescribed in the list of enterprise rating criteria issued together with Joint Circular No. 17/1998/TTLT-BLDTBXH-BTC of December 31, 1998.

For enterprises purely engaged in public-service activities (conducting no business activities other than their public-service duty), they shall be given 10 points instead of the lowest point mentioned above).

9. Regarding the dossiers of application for enterprise rating: The third em rule, Item a, Point 1 of Section V is amended as follows:

+ The copies of the financial statements (certified by the enterprises director) of the two years preceding the year of application for rating, publicized according to the provisions in the Finance Ministrys Circular No. 73/TC-TCDN of November 12, 1996 guiding the implementation of the Governments Decree No. 59/CP of October 3, 1996 and the Finance Ministrys Circular No. 65/TT-BTC of June 7, 1999 guiding the implementation of the Governments Decree No. 27/1999/ND-CP of April 20, 1999 amending and supplementing the Regulation on the financial management and business cost-accounting in State enterprises (issued together with the Governments Decree No. 59/CP of October 3, 1996). Where such financial statements have been examined by a functional agency, the examination reports (copies) must be enclosed.

The following must be supplemented to the dossier of application for rating:

- The production and business plan of the year of application for rating, already approved by the competent agency;

- The enterprises operating license;

One set of the dossier of application for rating shall be sent to the Ministry of Labor, War Invalids and Social Affairs and one set to the Ministry of Finance.

II. A NUMBER OF RATING CRITERIA ARE ADJUSTED AND SUPPLEMENTED AS FOLLOWS:

1. Criterion No 16: Construction and installation (capital construction);

2. Criterion No. 17: Cement production (shaft kiln);

3. Criterion No. 19: Survey, design and construction consultancy;

4. Criterion No. 30: Construction lottery;

5. Criterion No. 33: Tour travel;

6. Criterion No. 34: Hotels;

7. Criterion No. 38: Book distribution;

8. Criterion No. 40: Film distribution and projection;

9. Criterion No. 42: Trading business.

III. ORGANIZATION OF IMPLEMENTATION:

1. On the basis of the norms and criteria prescribed and guided in Joint Circular No. 17/1998/TTLT-BLDTBXH-BTC of December 31, 1998 and this Circular, the branch- or field-managing ministries, the presidents of the Peoples Committees of the provinces and centrally-run cities and the chairmen of the managing boards of Corporations 91/TTg shall guide the enterprises to calculate their points as prescribed, consider and decide the rating of enterprises under their management from Rate II to Rate IV and send the list of rated enterprises to the Ministry of Labor, War Invalids and Social Affairs for monitoring and supervision.

In cases where an enterprise fails to make reports as prescribed, the agency competent to rate it shall issue a written decision to rate it one level lower and, only after the latter makes full reports, consider the re-rating of the enterprise according to its points actually achieved.

2. The directors of enterprises shall direct their bureaus and sections to compile dossiers of application for rating according to regulations and be responsible for the accuracy of the data in the application dossiers.

3. Enterprises of other economic sectors may be rated according to the provisions in Joint Circular No. 17/1998/TTLT-BLDTBXH-BTC of December 31, 1998 and in this Circular.

This Circular takes effect after its signing.

Any problems arising in the course of implementation should be reported by the ministries, branches and localities to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance for consideration and settlement.