Thông tư 77/2021/TT-BTC

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 200/2015/TT-BTC DATED DECEMBER 15, 2015 OF MINISTRY OF FINANCE PROVIDING GUIDELINES FOR SUPERVISION OF INVESTMENT OF STATE CAPITAL IN ENTERPRISES, FINANCIAL SUPERVISION, PERFORMANCE ASSESSMENT AND FINANCIAL INFORMATION DISCLOSURE IN STATE-OWNED AND STATE-INVESTED ENTERPRISES

Pursuant to the Law on management and use of state capital invested in manufacturing and business operations of enterprises dated November 26, 2014;

Pursuant to the Law on Enterprises dated June 17, 2020;

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

Pursuant to the Government’s Decree No. 87/2015/ND-CP dated October 06, 2015 on supervision of state capital investment in enterprises, financial supervision, performance assessment and disclosure of financial information of state-owned and state-invested enterprises;

Pursuant to the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015 on state capital investments and utilization and management of capital and assets of enterprises;

Pursuant to the Government’s Decree No. 32/2019/ND-CP dated April 10, 2019 prescribing task assignment, ordering or bidding for supply of public products and services funded by state budget for recurrent expenditures;

Pursuant to the Government’s Decree No. 125/2020/ND-CP dated October 19, 2020 prescribing penalties for administrative violations against regulations on tax and invoices;

At the request of the Director of the Corporate Finance Department;

The Minister of Finance promulgates a Circular providing amendments to Circular No. 200/2015/TT-BTC dated December 15, 2015 of ministry of finance providing guidelines for supervision of investment of state capital in enterprises, financial supervision, performance assessment and financial information disclosure in state-owned and state-invested enterprises (hereinafter referred to as “Circular No. 200/2015/TT-BTC”).

Article 1. Amendments to Circular No. 200/2015/TT-BTC

1. The following content is added to Clause 3 Article 8 and Clause 3 Article 9:

“In addition to the abovementioned contents of the financial supervision report, the owner’s representative agency shall prepare a financial supervision report using Form No. 03A enclosed herewith.”

2. Point a Clause 4 Article 12 is amended as follows:

“a) Policies and regulations set out in Clause 1 Article 28 of the Decree No. 87/2015/ND-CP , including the law on investment, management and use of state capital invested in enterprises, the law on tax and other payments to state budget, regulations on financial statements and reporting for carrying out financial supervision.”

3. Article 14 is amended as follows:

a) Point d Clause 1 is amended as follows:

“Criterion 4: Compliance with laws in force

- An enterprise shall be given “A” rating if it meets all of the following requirements:

+ In the evaluation year, it is not facing any administrative penalties imposed by competent authorities for understatement of tax amounts payable or overstatement of tax amounts eligible for exemption, reduction, refund or non-collection or tax evasion.

+ It is not reminded in writing or is given not more than 01 written reminder by the owner’s representative agency/the financial authority of its invalid or late submission of any of reports serving the financial supervision, report on enterprise’s rating or financial statements.

- An enterprise shall be given “B” rating if it falls into one of the following circumstances:

+ In the evaluation year, it incurs administrative penalties imposed by competent authorities for not more than 01 violation concerning the understatement of tax amounts payable or overstatement of tax amounts eligible for exemption, reduction, refund or non-collection or tax evasion.

+ It is given not more than 02 written reminders by the owner’s representative agency/the financial authority of its invalid or late submission of any of reports serving the financial supervision, report on enterprise’s rating or financial statements.

- An enterprise shall be given “C” rating if it falls into one of the following circumstances:

+ In the evaluation year, it incurs administrative penalties imposed by competent authorities for 02 different violations, or more, concerning the understatement of tax amounts payable or overstatement of tax amounts eligible for exemption, reduction, refund or non-collection or tax evasion; or for its tax evasion as defined in the Government’s regulations on administrative penalties for violations against regulations on tax and invoices.

+ It is given 03, or more, written reminders by the owner’s representative agency/the financial authority of its invalid or late submission of any of reports serving the financial supervision, report on enterprise’s rating or financial statements.

+ The enterprise’s executive violates the law during their performance of tasks in one of the fields specified in Point a Clause 4 Article 12 of this Circular according to declarations or conclusions of competent authorities.  Each violation committed by the enterprise's executive shall be once included in the evaluation of enterprise.

- Violations against tax procedures shall not be considered when carrying out the evaluation of enterprise.”

b) Clause 4 is amended as follows:

“4. Classification of enterprises for evaluation and rating:

The owner’s representative agency shall classify enterprises based on the list of pubic products and services funded by state budget for covering recurrent expenditures as prescribed by the Government’s regulations on assignment of tasks, order placement or bidding for provision of pubic products and services funded by state budget for covering recurrent expenditures. The owner’s representative agency (the Ministry of National Defence or Ministry of Public Security) shall decide to carry out specific classification of each security and national defense enterprise.

The owner’s representative agency shall included the classification of enterprise for evaluation and rating in the decision to allocate annual business plan to each enterprise.

The enterprise performing business activities shall be rated according to Point a Clause 3 Article 30 of the Decree No. 87/2015/ND-CP. The enterprise providing pubic products and services funded by state budget for covering recurrent expenditures shall be rated according to Point b Clause 3 Article 30 of the Decree No. 87/2015/ND-CP”.

4. Form No. 01.A, Form No. 01.B, Form No. 01.C, Form No. 01.D and Form No. 03 are amended (as forms enclosed herewith).

Article 2. Abrogation of regulations of Decree No. 200/2015/TT-BTC

The following regulations are abrogated:
1. The phrase “theo các nội dung quy định tại khoản 4 Điều 12 Thông tư này” (“according to the contents specified in Clause 4 Article 12 of this Circular" prescribed in Point dd Clause 2 Article 5.

2. The following contents of Article 12:

a) The following content in Clause 1 Article 12: “Đối với những doanh nghiệp sản xuất sản phẩm chủ yếu của nền kinh tế gồm: Điện, than, dầu khí, xi măng thì tính theo sản lượng sản phẩm tiêu thụ trong kỳ; Đơn vị để tính sản lượng của sản phẩm dầu thô là tấn, khí là m3, than, xi măng là tấn, điện là kwh” (“With regard to enterprises producing essential products in the economy, including: electricity, coal, gas, cement, calculate according to the volume of products consumed in the period; Calculation units shall be tonne, for crude oil or coal or cement, or m3, for gas, or kwh, for electricity”). 

b) The following content in Point b Clause 2 Article 12: “Trường hợp tại thời điểm lập Báo cáo tài chính năm, doanh nghiệp chưa thực hiện phân phối trích lập các quỹ thì khi thực hiện đánh giá hiệu quả hoạt động doanh nghiệp phải cộng thêm số trích lập của Quỹ đầu tư phát triển theo quy định tại tiết b khoản 3 Điều 31 Nghị Định số 91/2015/ND-CP vào chỉ tiêu vốn chủ sở hữu để làm căn cứ xác định tỷ suất lợi nhuận trên vốn chủ sở hữu” (“Where an enterprise, at the time of preparation of its annual financial statements, does still not yet make contributions to compulsory funds, the contribution made to the development investment fund as prescribed in Point b Clause 3 Article 31 of Decree No. 91/2015/ND-CP shall be aggregated in the owner's equity as the basis for calculating the return on equity (ROE) when carrying out evaluation of enterprise’s performance”).

3. Article 13.

4. Clause 3 Article 14.

5. Form No. 04.A, Form No.04.B, and Form No. 05.B.

Article 3. Effect

1. This Circular comes into force from November 03, 2021 and applies from the fiscal year 2021.

2. The phrase “doanh nghiệp nhà nước” (“state-owned enterprise") is replaced by the phrase “doanh nghiệp do Nhà nước nắm giữ 100% vốn điều lệ” (“wholly state-owned enterprise”).

3. The phrase “sản phẩm, dịch vụ công ích” (“public utility products and services” by the phrase “sản phẩm, dịch vụ công sử dụng ngân sách nhà nước từ nguồn kinh phí chi thường xuyên” (pubic products and services funded by state budget for covering recurrent expenditures”).

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration./.