MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
53/2017/TT-BTC
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Hanoi, May 19,
2017
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CIRCULAR
GUIDANCE
ON IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 69/2016/ND-CP DATED JULY
01, 2016 REGARDING REQUIREMENTS FOR RUNNING DEBT TRADING SERVICES
Pursuant to the Government’s
Decree No. 69/2016/ND-CP dated July 01, 2016 regarding Requirements for Running
Debt Trading Services;
Pursuant to the Government’s Decree
No. 215/2013/ND-CP dated December 23, 2013 defining Functions, Tasks, Powers
and Organizational Structure of Ministry of Finance;
At the request of Director of
Department of Banking and Financial Institutions;
Minister of Finance promulgates
this Circular to provide guidance on the implementation of the Government’s
Decree No. 69/2016/ND-CP dated July 01, 2016 regarding requirements for running
debt trading services.
Article 1. Scope
This Circular provides guidance on
implementation of the Government’s Decree No. 69/2016/ND-CP dated July 01, 2016
regarding requirements for running debt trading services (hereinafter referred
to as Decree No. 69/2016/ND-CP).
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1. Enterprises running debt trading
service under the regulation scope of the Decree No. 69/2016/ND-CP.
2. Entities in need of running debt
trading services.
3. Other agencies, entities and
individuals involved.
Article 3. General
provisions on debt trading services
1. When starting
running debt trading services and during operation, enterprirses running debt
trading services must satisfy all of the requirements mentioned in the Decree
No. 69/2016/ND-CP in corresponding with their debt trading service types and
publish their satisfaction of requirements for running debt trading services in
terms of capital and internal management regulations, including internal
regulations on personnel management, internal regulations on debt trading
activities and regulations on operation of debt trading floors at their head
offices and on their websites.
2. Enterprises must
retain documents proving their satisfaction of requirements for running debt
trading services and present them upon request of competent authorities.
Article 4.
Capital requirements
While running debt trading services, the enterprise’s charter capital/
actual investment capital recorded in its balance sheet must be higher than or
equal to the minimum capital levels prescribed in the Decree No. 69/2016/ND-CP
in corresponding with each type of debt trading service.
Article 5. Requirements for internal management regulations
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2. When starting
providing debt trading floor services, the debt trading floor service provider
must have the regulations on operation of debt trading floor, which specify all
of contents prescribed in Clause 5 Article 8 of Decree No. 69/2016/ND-CP,
promulgated by its competent authority as defined in its charter.
Article 6. Requirements for
enterprise’s managers
At the time when a person is appointed
as manager of an enterprise running debt trading service, he/she must have the
following documents available:
1. The Criminal Record Statement.
2. The Bachelor’s Degree (or higher)
in one of the following fields of study: Economics, Business Administration,
Law or other specialty which he/she is appointed to take charge of.
3. The Written Commitment made with
the enterprise running debt trading service to guarantee the appointed
manager’s satisfaction of requirements mentioned in Points a, c, d Clause 3
Article 5 of the Decree No. 69/2016/ND-CP.
Article 7. Additional requirements
for debt trading floor service provider
Before running debt trading floor
services, the enterprise must have:
1. The auditted financial statements
proving that the enterprise has provided debt trading services for at least 01
year up to the time of starting providing debt trading floor services, and
earned at least VND 500 billion of revenues from debt trading services in the
year preceding the year in which it is going to run debt trading floor
services.
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3. Labour contracts signed with at least
02 persons who possess certificate of professional auditor or at least 02
persons who have practicing card in valuation granted by Minister of Finance.
Article 8. Reporting
1. Within 30 days from the ending
date of the finacial year and in irregular circumstances, the enterprise
running debt trading services must submit reports to the People’s Commitee of
province or central-affiliated city where its head office is located on its
satisfaction of requirements for running debt trading service, operating
results and its compliance with law according to guidance by the People’s
Commitee of province or central-affiliated city in the Appendix 01/BC encloseed
herewith.
2. On quarterly basis and in
irregular cases, business registration agencies shall submit reports to
People’s Committees of provinces or central-affiliated cities on the issuance
and modification of Certificate of business registration regarding debt trading
services.
3. Within 60 days from the ending
date of the finacial year and in irregular circumstances, each People’s
Commitee of province or central-affiliated city shall submit reports to
Ministry of Finance on operating results and the compliance with law by
enterprises running debt trading services in such province or city according to
guidance in the Appendix 02/BC enclosed herewith.
Article 9. Implementation
provisions
1. Effect
This Circular takes effect as
from July 03, 2017.
2. Transitional provisions
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a) Not later than
July 01, 2017, they must meet all of requirements for running debt trading
service laid down in the Decree No. 69/2016/ND-CP and regulations herein,
complete documents proving their satisfaction thereof and publish their
satisfaction of requirements for running debt trading service at their head
offices and ob their websites.
b) They must submit reports on their
satisfaction or failure to satisfy requirements for running debt trading services
to business registration agencies by July 01, 2017. If an enterprise fails to
meet all of requirements for running debt trading services, such enterprise
must suspend its debt trading activities and report thereof to the business
registration agency.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
for consideration./.
PP
PP MINISTER
DEPUTY MINISTER
Tran Van Hieu
APPENDIX
01/BC
(Enclosed to the
Circular No. …/2017/TT-BTC dated……………. on guidance on implementation of the Government’s Decree No. 69/2016/ND-CP
dated July 01, 2016 regarding requirements for running debt trading services)
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No.
Items
Meet
requirements in Decree No. 69/2016/ND-CP or not
Notes
1
Charter capital/ actual investment capital
amount
2
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Yes/ No
3
Internal regulations on debt trading activities
Yes/ No
4
Regulations on enterprise’s manager
Satisfied/ Unsatisfied
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5
Additional requirements for debt trading floor
service provider as prescribed in Article 7 herein
Satisfied/ Unsatisfied
II. Report on operating results:
No.
Items
Reporting
period
Accumulated up
to the end of reporting period
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Quantity
Value (VND
million)
Quantity
Value (VND
million)
1
Total debts purchased
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2
Total debts sold
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3
Total debts traded through consultancy or
brokerage
4
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III. Compliance with effective regulations of
law: Violations, remedial measures (if any).
APPENDIX 02/BC
(Enclosed to the
Circular No. …/2017/TT-BTC dated……………. on guidance on implementation of the
Government’s Decree No. 69/2016/ND-CP dated July 01, 2016 regarding
requirements for running debt trading services)
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1. Overview of debt trading services in province or
city
No.
Items
Quantity
Notes
1
Number of enterprises running debt trading
services in province or city, in which:
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Number of debt trading floor service providers
Number of enterprises running debt trading
services
Number of providers of debt trading brokerage/
consultancy services
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2
Number of enterprises that terminate/ suspend
debt trading activities in province or city, in which:
Number of debt trading floor service providers
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Number of enterprises running debt trading
services
Number of providers of debt trading brokerage/
consultancy services
3
Number of enterprises committing violations
against regulations on requirements for running debt trading service
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4
Total capital registered for running debt trading
services (VND billion)
2. Operating results of enterprises
Items
Reporting
period
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Notes
1
Enterprise A:
Quantity
Value
Quantity
Value
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Total debts sold (VND million)
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Total debts traded through consultancy or
brokerage (VND million)
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Total debts traded on debt trading floor (VND
million)
2
Enterprise B:…..
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3. Violations committed in course of performing
debt trading activities
(Specify issues arisen in the province or city, enterprises’
administratively sanctioned violations, implementation of remedial measures and
imposition of administrative penalties, etc.)
II. Suggestions/ proposals