THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 179/2012/TT-BTC
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Hanoi, October 24th 2012
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CIRCULAR
ON THE RECORDING, ASSESSMENT, AND SETTLEMENT
OF THE EXCHANGE DIFFERENCES IN ENTERPRISES
- Pursuant to the Law on Enterprise 2005;
- Pursuant to the Government's Decree No. 118/2008/NĐ-CP dated November
27th 2008, defining the functions, tasks, powers and organizational
structure of the Ministry of Finance ;
At the proposal of the Director of the Department of Enterprise Finance
The Minister of Finance promulgates a Circular on the recording,
assessment, and settlement of the exchange differences in enterprises as
follows:
Part A
GENERAL
PROVISIONS
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1. Subjects of application:
This Circular is applicable to the enterprise established and run in Vietnam as prescribed by law. This Circular is not applicable to the credit institutions
established and run in accordance with the Law on credit institutions.
For the enterprises established on the basis of the Agreements signed
between the Government of the Socialist Republic of Vietnam and other
Governments that prescribe the settlement of exchange differences
inconsistently with this Circular, such Agreements shall apply.
2. Scope of regulation:
This Circular guides the recording, assessment, and settlement of the
exchange differences, and the conversion of the Financial statements on the
overseas activities and the overseas offices of enterprises into the Vietnamese
currency and accounting.
The determination of deductible expenses and incomes when calculating the
income subject to enterprise income tax on the exchange differences in the
enterprise must comply with the legal documents on enterprise income tax.
Article 2. Interpretation of terms
The terms in this Circular are construed as follows:
1. “Foreign currency” is a different currency from the accounting currency
of an enterprise.
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3. “Exchange rates” is the exchange ratio between two currencies.
4. “Exchange differences" are the differences arising from an actual
exchange or conversion of the same amount of foreign currency into the
accounting currency according to various exchange rates.
5. “Accounts derived from foreign currencies" are a specific or
calculable amount of existing cash, cash equivalents, receivables, and payables,
comprising:
- Cash and cash equivalents in foreign currencies.
- The receivables and payables derived from foreign currencies, except
for:
+ The advanced payments to sellers in foreign currencies, and the prepaid
expenses in foreign currencies.
+ The received revenues in foreign currencies and the prepaid expenses in
foreign currencies.
- The redeemable deposits and collateral in cash or cash equivalents in
foreign currencies, the received deposits and collateral that must be returned
- The loans taken, given, or deposit in foreign currencies.
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7. “Overseas office" is an overseas activity, of which the activities
are independent from the reporting enterprise.
Article 3. The rates to Vietnam Dong (VND) of foreign currencies:
1. The payment of the accounts derived from foreign currencies arising in
the fiscal year must be made at the actual exchange rate of the commercial bank
that make transactions with the enterprise at the time of making the foreign
currency transaction.
2. The foreign currency balance at the end of the accounting period shall
be assessed according to the buying exchange rate, announced at the time of
making the Financial statement, of the commercial bank where the enterprise
opens its account.
Article 4. For the foreign currencies of which the rates to VND are not
announced by the State bank of Vietnam:
1. If an enterprise opens accounts at a commercial bank that announces the
exchange rates of the foreign currencies, they shall be exchanged at the
transaction exchange rates of such bank at the time of reassessing the balance
of the accounts derived from foreign currencies at the end of the period.
2. If an enterprise opens accounts at multiple commercial banks that
announces the exchange rates of the foreign currencies, they shall be exchanged
at the average exchange rates of the banks where the enterprise opens its
account at the time of reassessing the balance of the accounts derived from
foreign currencies at the end of the period.
3. If the commercial bank where the enterprise opens its accounts does not
announce the exchange rates of the foreign currencies, they shall be exchanged
at the rate of some primary foreign currencies announced by the State bank of
Vietnam at the average transaction exchange rate of the banks at the time of
reassessing the balance of the accounts derived from foreign currencies at the
end of the period.
Part B
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Article 5. Settling the exchange differences during the investment in
the construction of fixed assets of the new enterprise that has not commenced
its operation:
During the investment in the construction of fixed assets of the new
enterprise that has not commenced its operation, the exchange differences
arising when paying the accounts derived from foreign currencies to make the
investment the construction, and the exchange differences arising when
reassessing the accounts derived from foreign currencies at the end of the
fiscal year must be cumulatively and separately expressed in the Balance sheet.
When the fixed assets are finished and put into use, the exchange differences
arising during the construction (after offsetting the gains against the losses)
shall be gradually distributed to the financial income or financial expense.
The period of distribution must not exceed 5 years as from the construction comes
into operation.
Article 6. Settling the exchange differences while the enterprise is
operating:
During the operation, including the investment in the construction of
fixed assets of the operating enterprise, the exchange differences arising from
the transactions in foreign currencies of the accounts derived from foreign
currencies shall be recorded into the financial income or the financial expense
in the fiscal year.
Article 7. Settling the exchange differences while the enterprise is
dissolved and liquidated:
While the enterprise is dissolved and liquidated, the exchange differences
arising from the transactions in foreign currencies of the accounts derived
from foreign currencies shall be recorded into the liquidation revenue or
liquidation expenses of the enterprise.
Article 8. Settling the exchange differences arising from the
reassessment of the foreign currency balance at the end of the accounting
period (quarterly, biannually, annually):
1. At the end of an accounting period, the enterprise must reassess the
balance of cash, deposits, transferring money, receivables, and payables
derived from foreign currencies into VND at the exchange rates prescribed in
Article 3 and Article 4 of this Circular. The exchange differences arising from
the reassessment of the balance at the end of the period, after offsetting the
gains against the losses, shall be recorded into the financial income or
financial expense in the period.
2. The enterprise must not distribute its profit nor pay dividend on the
exchange gains arising from the reassessment of the foreign currency balance of
the accounts derived from foreign currencies at the end of the accounting
period.
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1. The exchange differences arising when converting the Financial
statements on the overseas activities into the currency of Vietnamese
accounting shall be recorded into the financial income or financial expense of
the enterprise.
2. The exchange differences arising when converting the Financial
statements of an overseas office into the currency of Vietnamese accounting
shall be cumulatively and separately expressed on the Balance sheet until the
overseas office is liquidated, and then the exchange differences shall be
recorded into the financial income or financial expense of the enterprise.
The recording of the exchange differences from Article 5 to Article 9 must
comply with the current accounting regime.
Part C
TRANSITIONAL
PROVISIONS
Article 10. Transitional provisions
The enterprises that have reassessed the foreign currency balance payable
at the end of the year according to the Circular No. 201/2009/TT-BTC dated
October 15th 2009 of the Ministry of Finance, that the foreign
exchange gain has not been completely distributed to the expense in the year,
the residual amount shall be distributed to the financial expense of the
enterprise. The distribution period depends on the remaining years as from this
Circular takes effect.
Part D
IMPLEMENTATION
ORGANIZATION
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This Circular takes effect on December 10th 2012, applies from
the fiscal year 2012, and supersedes the Circular No. 201/2009/TT-BTC dated
October 15th 2009 of the Ministry of Finance, guiding the settlement
of the exchange differences in enterprises.
The organizations are recommended to send feedbacks on the
difficulties arising during the course of implementation to the Ministry of
Finance for consideration and settlement./.
FOR THE MINISTER
DEPUTY MINISTER
Tran Van Hieu