Thông tư 83/2013/TT-BTC

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION NO. 64/QD-TTG OF JANUARY 07, 2013, ON THE CHARGE RATE THAT EQUITIZED CREDIT INSTITUTIONS SHALL BE ENJOYED WHEN REVOKING THE OFF-BALANCE-SHEET DEBTS RETAINED

Pursuant to the June 16, 2010 Law No. 47/2010/QH12 on Credit Institutions;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 59/2011/ND-CP of July 18, 2011, on transformation of enterprises with 100% of State capital into joint stock companies;

Pursuant to the Prime Minister’s Decision No. 64/QD-TTg of January 07, 2013, on the charge rate that equitized credit institutions shall be enjoyed when revoking the off-balance- sheet debts retained;

At the proposal of Director of the Department of Finance of Banks and Financial Institutions;

The Minister of Finance promulgates the Circular guiding the implementation of the Decision No. 64/QD-TTg of January 07, 2013, of the Prime Minister on the charge rate that equitized credit institutions shall be enjoyed when revoking the off-balance-sheet debts retained,

Article 1. Subjects of application

Subjects of application under this Circular include: Joint stock commercial Bank for Foreign Trade of Vietnam, Vietnam Joint Stock Commercial Bank for Industry and Trade, Joint Stock Commercial Bank for Investment and Development of Vietnam, Mekong Housing Bank (in this Circular, it is referred to as the equitized state-owned commercial banks) and other relevant organizations.

Article 2. Management of off-balance-sheet debts retained

1. The off-balance-sheet debts retained are off-balance-sheet debts that are removed, not included in the value of enterprise when equitizing the state commercial banks and being allowed by the Prime Minister that the equitized State-Owned Commercial Banks shall continue the monitoring, management and revoking of debts for the state budget.

2. The equitized state-owned commercial banks shall have the responsibility to determine and report the State Bank of Vietnam about the balance due of off balance sheet debts that are removed and not included in the value of enterprise when equitizing; record, monitor separately, manage tightly and propose measures to revoke thoroughly the-off-balance-sheet debts that are removed and not included in the value of enterprise when equitizing for the state budget.

3. The state bank of Vietnam shall reappraise and report the balance due of off-balance-sheet debts shall be retained that are removed and not included in the value of enterprise when equitizing of each state commercial bank at the time of determining the enterprise valuation to the Ministry of Finance; examine and urge the equitized state commercial banks to continue the management, monitoring and revoking for the state budget and ensure not losing the state asset.

Article 3. Management of collected amounts from off-balance-sheet debts retained

1. The amounts collected from off-balance-sheet debts retained according to Clause 2 Article 2 of this Circular are the real amounts collected by the equitized State commercial banks from revoking off-balance-sheet debts. The equitized state commercial banks are allowed to keep 20% of the money revoked from off- balance-sheet debts retained to record into the income.

2. The arising expenses directly related to off- balance- sheet debts retained include all expenses related to the handling of off –balance-sheet debts (expense to put on sale of the assets, expense to manage the assured assets, auction expenses, evaluation expenses...), the equitized state commercial banks shall record the expenses according to the law and financial regulations applied to credit institutions. All mentioned-above expenses must have the reasonable and valid invoices, documents as prescribed by law.

3. Method of recording

a) The detail of amount revoked from off-balance-sheet debts retained arising in the quarter, the equitized commercial bank shall record into the account that monitor the payable amounts.

b) At the end of the quarter, the equitized state commercial banks shall record as follows:

- For 20% over the amount collected from off-balance-sheet debts retained, the equitized state commercial banks shall record into miscellaneous income items.

- For 80% over the money collected from off-balance-sheet debts retained, the equitized state commercial banks shall remit to the state budget.

Article 4. The collection agency and time limit of remittance to the State budget for amounts revoked from off-balance-sheet debts and payable to the State Budget

1. Within 15 days after ending quarter, the equitized State Commercial Banks shall remit all amounts revoked from off-balance-sheet debts and payable to the State Budget arising in quarter into the State Budget at the State Treasure as prescribed in Law on State Budget and the Circular No. 128/2008/TT-BTC of December 24, 2008, guiding the collection and management of the State Budget’s revenues through State Treasuries.

2. All money revoked from off-balance-sheet debts payable to the State Budget specified in  Clause 1 Article 4 of this Circular shall be remitted to the State Budget according to:

a) Respective chapters of the State commercial bank (chapter 139: Joint stock commercial Bank for Foreign Trade of Vietnam; chapter 140: Vietnam Joint Stock Commercial Bank for Industry and Trade; chapter 142: Joint Stock Commercial Bank for Investment and Development of Vietnam; chapter 144: Mekong Housing Bank).

b) Type 340, Clause 341.

c) Section 3650, sub-section 3653 “collection of debts from using the state budget capital”.

Article 5. Reporting regime

1. Biannually, counted under the calendar year, from January 01 to June 30 and from July 01 to December 31 annually, the equitized state-owned commercial banks that have the off-balance-sheet debts retained shall be responsible for making and sending a report to the Ministry of Finance, the State Bank of Vietnam about off-balance-sheet debts retained, the amounts revoked from off-balance-sheet debts retained, amounts retained for the equitized state commercial banks, amounts payable to the state budget, amounts remitted to the state budget. A periodical report till December 31 annually shall sum up the accumulated amounts revoked from off-balance-sheet debts retained of whole year (detailed according to the form in attached Annex).

2. Deadline of sending report:

- The six (6)-month reports must be sent within 20 days after the last day of reporting period;

- The annual reports must be sent within 90 days after ending financial year.

Article 6. Organization of implementation

1. This Circular takes effect on August 15, 2013.

2. Any problems arising in the course of implementation should be reported to the Ministry of Finance for consideration and settlement.