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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
18/2018/TT-BTC
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Hanoi, February
12, 2018
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CIRCULAR
GUIDANCE
ON FINANCIAL POLICIES APPLICABLE TO MICROFINANCE INSTITUTIONS
Pursuant to the Law on Credit Institutions dated
June 16, 2010 and the Law dated November 20, 2017 on amendments to the Law on
Credit Institutions;
Pursuant to the Law on Enterprises dated
November 26, 2014;
Pursuant to the Government’s Decree No. 93/2017/ND-CP
dated August 07, 2017 on the financial regime applicable to credit
institutions, branches of foreign banks and financial supervision, assessment
of effectiveness of state capital investment in wholly state-owned credit
institutions and partially state-owned credit institutions;
Pursuant to the Government’s Decree No.
87/2017/ND-CP dated July 26, 2017 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 a Circular to
provide guidance on financial policies applicable to microfinance institutions.
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GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidance on financial
policies applicable to microfinance institutions that operate in Vietnam in
accordance with the Law on credit institutions dated June 16, 2010 and the Law
dated November 20, 2017 on amendments to the Law on credit institutions
(hereinafter referred to as "the Law on credit institutions"), and
the Government’s Decree No. 93/2017/ND-CP dated August 07, 2017 on the
financial regime applicable to credit institutions, branches of foreign banks
and financial supervision, assessment of effectiveness of state capital
investment in wholly state-owned credit institutions and partially state-owned
credit institutions (hereinafter referred to as “Decree No. 93/2017/ND-CP”).
Article 2. Regulated entities
1. Microfinance institutions that are duly
established, organize and operate in Vietnam in accordance with regulations of
the Law on credit institutions and its amending, rectifying and superseding
documents (if any).
2. Relevant authorities, organizations and
individuals.
Chapter II
SPECIFIC PROVISIONS
Article 3. Capital of a
microfinance institution
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a) Charter capital includes:
- Funding provided by the Government (if any);
- Contributions made by organizations and
individuals;
- Finances granted by sponsors (if any).
b) The difference upon asset revaluation is the
difference between the book value of assets and the value of assets recorded
upon the revaluation made according to the Government’s decision or in other
revaluation cases as defined by applicable laws;
c) Funds include:
- The additional reserve fund of charter capital;
- The investment and development fund;
- The financial reserve fund.
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dd) Other capital lawfully owned by the
microfinance institution in accordance with applicable laws.
2. Raised capital:
a) Capital from deposits in VND in the following
forms:
- Compulsory savings of the microfinance
institution;
- Deposits of organizations and individuals,
including deposits voluntarily made by microfinance clients (excluding deposits
for payment purpose).
b) Entrusted loans provided under the Government's
programs and projects, and those given by domestic and foreign organizations
and individuals;
c) Loans from credit institutions, financial
institutions and other domestic and foreign organizations and individuals in
accordance with applicable laws;
d) Loans from the State Bank of Vietnam.
3. Other kinds of funding as regulated by law.
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1. Every microfinance institution shall assume
responsibility to manage and use its capital and assets in accordance with
regulations in Chapter II of the Decree No. 93/2017/ND-CP , relevant laws and
guidelines herein.
2. Every microfinance institution must do
bookkeeping in accordance with applicable accounting policies; fully,
accurately and timely reflect the use or changes in its capital and assets in
the course of business; clearly assign responsibilities to and announce
sanctions of handling of each department or individual for each case of damage
or loss of assets or capital.
4. Microfinance institutions shall assume
responsibility to manage or use assets leased, pledged, mortgaged or kept on
behalf of clients as agreed upon with their clients in accordance with
applicable laws.
5. With regard to real estates temporarily held by
the handling of loans in accordance with regulations in Clause 3 Article 132 of
the Law on credit institutions:
a) With regard to real estate temporarily held by a
microfinance institution for sales or transfer for debt recovery within a
period of 03 years, it shall not record such real estate as an increase in
assets and depreciate assets as regulated.
b) With regard to real estate purchased by a
microfinance institution to serve its business, it shall record such real
estate acquired as an increase in assets and depreciate assets as regulated by
law, and maintain the limits on investment in purchase of fixed assets regulated
in Clause 3 Article 6 of the Decree No. 93/2017/ND-CP .
Article 5. Revenue
Revenues of a microfinance institution include the
amounts receivable prescribed in Article 16 of the Decree No. 93/2017/ND-CP. To
be specific:
1. Interest revenue and similar revenue, including:
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b) Loan interest;
c) Interest from debt trading;
d) Other revenue from credit activities as
regulated by law.
2. Revenue from service provision, including:
a) Revenue from payment services;
b) Revenue from treasury operations;
c) Revenue from collection, payment and transfer of
money on behalf of microfinance clients;
d) Revenue from accepting entrusted loans;
dd) Revenue from financial consulting services
concerning microfinance operations;
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g) Revenue from provision of other services,
including:
- Revenue from asset management service and leasing
of safes;
- Revenue from provision of products for public
interests;
- Revenue from other services as regulated by law.
3. Revenue from foreign exchange differences as
regulated in accounting standards and applicable laws.
4. Revenue from other activities, including:
a) Revenue from the loans handled by risk reserve
fund (including debts which have been written off, now recovered);
b) Revenue from debt trading;
c) Revenue from transfer or liquidation of assets;
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dd) Revenue from other activities as prescribed by
law, including:
- Revenue from lease of assets, excluding revenue
from the lease of real estate temporarily held by the handling of loans in
accordance with regulations in Clause 3 Article 132 of the Law on credit
institutions for the purpose of debt recovery;
- Revenue from other activities.
5. Other revenues, including:
a) Revenue from debts to creditors that cease to
exist or are not identifiable, which is recorded as an increase in revenue;
b) Revenue from breach of contract fines and
compensations paid by clients, which is recorded as revenue;
c) Revenue from insurance proceeds, which are
recorded as revenue upon the deduction of insurance expenses;
d) Revenue from grants received by a microfinance
institution for implementing its development programs and operations;
dd) Revenue from tax refunds (if any);
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Article 6. Revenue recognition
principle
1. Determination of revenue for the purpose of
calculation of corporate revenue tax shall be done in accordance with the Law
on corporate revenue tax and its instructional documents.
2. With regard to interest revenue and similar
revenue:
a) Interest revenue from credit extension: Every
microfinance institution shall evaluate the debt recoverability and classify
debts as prescribed in the Law on banking as the basis for accounting for
interests receivable as follows:
- The microfinance institution shall record the
interest receivable in the period as revenue associated with the debts
classified as standard debts for which loss reserves may not be set aside as
regulated by the State Bank of Vietnam;
- The interest receivable of debts remaining
classified in the standard debt category as a result of implementing the State
policies and the interest receivable in the period of remaining debts shall not
be recorded as revenue. In such cases, the microfinance institution shall
monitor them in off-balance sheet so as to expedite the collection. They shall
be recorded as revenue, when collected.
b) Deposit interest revenue is the amounts of
deposit interest receivable during the period.
3. Revenue from grants received by a microfinance
institution for implementing its development programs and operations shall be
actual amounts of grants received.
4. Microfinance institutions shall recognize revenue
from foreign exchange differences as a result of revaluation of foreign
currency and gold in conformity with accounting standards and applicable laws.
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Article 7. Expenses
Expenses of a microfinance institution include the
amounts payable prescribed in Article 17 of the Decree No. 93/2017/ND-CP. To be
specific:
1. Interest expense and similar expenses:
a) Interest on deposits; compulsory saving
deposits; interest on other deposits;
b) Interest on loans;
c) Other expenses for credit activities.
2. Costs of service provision:
a) Costs of collection, payment and transfer of
money on behalf of microfinance clients;
b) Costs of telecommunication services;
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d) Costs of provision of financial consulting
services concerning microfinance operations;
dd) Costs of commissions for agents and brokers
that are entrusted or authorized to perform relevant activities. In which
commissions for brokers shall be paid as follows:
- A microfinance institution may pay commissions to
brokers that provide brokerage services as permitted by the law;
- Brokerage commissions are paid to third parties
(that are brokers) and not paid to agents of the microfinance institution, its
managerial officers, employees and related parties as regulated in the Law on
credit institutions and its amending, rectifying or superseding documents (if
any).
- Brokerage commissions shall be paid under written
agreements or certifications made by and between the microfinance institution
and relevant brokers. A written agreement or certification shall include
broker’s name, payment contents, amounts and methods, period for performance
and completion of brokerage service, and responsibilities of the parties;
- With regard to commissions paid to brokers for
lease of assets (including foreclosed properties and those given as payments of
debts), the commission paid to a broker for every asset lease of the
microfinance institution shall not exceed 5% of total proceeds from the lease
of assets through that broker during the year;
- With regard to commissions paid to brokers for
sale of mortgaged and pledged properties, the commission paid to a broker for
each sale of mortgaged or pledged properties of the microfinance institution
shall not exceed 1% of the actual proceeds from the sale of such mortgaged or
pledged properties through that broker;
- Every microfinance institution shall promulgate
regulations on payment of brokerage commissions for consistent and transparent
application. The Member Board or General Director (or Director) of that
microfinance institution shall consider giving approval for its regulations on
brokerage commissions.
e) Costs of provision of insurance agent services.
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4. Expenses for other activities:
a) Costs for debt trading;
b) Costs for other business activities as regulated
by law.
5. Costs for taxes, fees and charges to be paid as
regulated by law.
6. Costs for employees as regulated by law,
including:
a) Salaries, wages and associated costs, including:
- Salaries paid to full-time members of the Member
Board, the Board of Controllers, and the Board of Management; allowances paid
to part-time members of the Member Board and the Board of Controllers;
- Salaries and allowances paid to employees of the
microfinance institution according to the signed labour contracts or the
collective labour agreement.
b) Compulsory salary-based payments: Compulsory
payment for social insurance, health insurance and unemployment insurance
premiums, and union dues;
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d) Payment for accident insurance premiums;
dd) Costs of personal protective equipment provided
for employees as regulated;
e) Costs of workplace uniforms for employees
working at the microfinance institution as regulated by law;
g) Expenses on shift meals: The wholly state-owned
microfinance institution shall pay shift meals in accordance with regulations
applicable to state-owned enterprises;
h) Medical expenses, including expenses for
periodic health examinations for employees, purchase of occupational medicines
and other medical expenses incurred by the enterprise as regulated by
applicable laws;
i) Other payments to employees as prescribed by
law, including:
- Compulsory payments for female employees;
- Payments of unused annual leave as prescribed by
law;
- Other expenses.
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a) Costs for materials and papers;
b) Work-trip allowances;
c) Costs of training and drilling activities,
including training for collaborators and clients within the scope of operation
of a microfinance institution;
d) Expenses for scientific and technological
research, including:
- Contributions paid to the science and technology
development fund as prescribed by law. This fund shall be used in accordance
with applicable laws;
- Payments for making up deficits in case the
balance of the science and technology development fund is not sufficient to
cover science and technology research expenses in the year.
dd) Expenses on rewards for initiatives in
improving and increasing labor productivity, rewards for practice of costs saving
paid according to the principle in conformity with the actual effectiveness;
the microfinance institution must establish and announce regulations on rewards
for initiatives, and establish a Council for initiative acceptance;
e) Telephone and postage charges;
g) Costs for publishing of materials,
dissemination, advertisement, marketing and sale promotion;
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i) Costs for electricity, water and workplace
cleaning;
k) Costs for conventions, reception activities and
external relations;
l) Payments for employed consultants, Vietnamese
and foreign experts/ specialists;
m) Auditing expenses;
n) Costs for fire prevention and fighting
activities;
o) Costs for environmental protection. If the
annual environmental protection costs are high and there are benefits
associated with environmental protection activities in several years, the
environmental protection costs may be apportioned and recorded in following
years.
p) Other expenses:
- Costs for workplace security; national defense
and security costs;
- Other costs as regulated by law.
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a) Costs of depreciation of fixed assets used to
serve business activities shall comply with regulations on management, use and
depreciation of fixed assets of enterprises;
b) Costs for leasing fixed assets: Costs for
leasing fixed assets shall be determined according lease agreements. In case of
making lump-sum payment for leasing assets for many years, the rental shall be
apportioned and recorded as business expenses by the number of years of using
leased assets;
c) Costs for repair and maintenance of fixed
assets;
d) Costs for purchase and repair of tools and
devices;
dd) Costs for purchase of asset insurance;
c) Other asset costs as regulated by law.
9. Costs for provision:
a) Costs for appropriation of provisions include:
- Costs for risk provision as prescribed in Article
131 of the Law on credit institutions;
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- Costs for provision for decline in value of
inventories, provision for loss of financial investments, provision for bad
debts and other provisions (if any) according to the general regulations
applicable to enterprises.
b) The costs for risk provision that are deducted
when determining the corporate income tax shall comply with regulations of the
Law on corporate income tax.
10. Costs for deposit preservation and insurance as
regulated by law.
11. Other costs:
a) Membership fees paid to trade associations that
a microfinance institution participates in;
b) Costs for Communist Party and unions' activities
organized at a microfinance institution (the costs outside budgets of Communist
Party organizations and unions);
c) Costs for sale and liquidation of assets (if
any), including the remaining value of fixed assets sold or liquidated;
d) Costs for recovery of debts written off and
collection of bad debts are debt recovery costs, including payments made to
debt recovery service providers, that are licensed to provide debt recovery
services as regulated by law, and debt trading costs;
dd) Costs for loss on disposal of assets: The
microfinance institution shall record the remaining loss of assets as expense
after it has been made up for by compensations made by relevant individuals,
communities or insurers, its provisions available and financial reserve fund.
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g) Costs for social activities as regulated by the
Law on taxation;
h) Fines for administrative violations, excluding
fines payable by individuals as regulated by law;
i) Other costs:
- Costs for debts payable with respect to debts
which have been recorded as income because the creditors cease to exist but
then are identified;
- Payments for penalties or compensations for
breach of economic contracts according to a microfinance institution’s
responsibility;
- Courts costs and fees payable by a microfinance
institution as regulated;
- Community development contributions as prescribed
by law;
- Other costs as regulated by law.
Article 8. Expense recognition
principle
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2. Expenses of a microfinance institution are
recorded according to the matching principle between its revenue and expense
with valid and sufficient invoices/vouchers as prescribed by law. The
microfinance institution shall not record expenses which have been covered by
other sources of funding as its expenses. Determination and accounting for expenses
shall be made in conformity with Vietnamese accounting standards and relevant
laws.
3. Determination of expenses upon the calculation
of corporate income tax shall be done in accordance with the Law on corporate
income tax and its instructional documents.
4. A wholly state-owned microfinance institution
shall only record the expenses which are deductible as regulated by the Law on
corporate income tax as its business expenses. The wholly state-owned
microfinance institution may use its after-tax profits to make up the costs for
appropriation of risk provisions in excess of the statutory amount which is
deductible upon the calculation of the corporate income tax because there are
differences between the regulations on risk provision of the Law on corporate
income tax and the State Bank of Vietnam’s regulations (if any) and the fines
for administrative violations (excluding the fines payable by individuals as
regulated by law).
Article 9. Profit distribution
The profits of a microfinance institution that
remain after deducting losses in previous year as regulated by the Law on
corporate income and paying corporate income tax shall be distributed as
follows:
1. Deduct the expired losses in the previous year
from the profits before corporate income tax as regulated.
2. The profits that remain after deducting the
amount prescribed in Clause 1 of this Article shall be distributed according to
the following order:
a) Contribute 5% of the remaining profits to the
additional reserve fund of charter capital. The balance of this fund shall not
exceed the charter capital of the microfinance institution;
b) Contribute 10% of the remaining profits to the
financial reserve fund.
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a) The wholly state-owned microfinance institution
shall:
- Contribute not more than 25% of the remaining
profits to the investment and development fund;
- The agency representing the state capital owner
in the microfinance institution, pursuant to regulations on evaluation and
rating of the wholly state-owned credit institutions, shall review the
financial plan and assigned evaluation and rating criteria, and perform the
evaluation and rating of the microfinance institution in the same way as those
of a wholly state-owned credit institution. Based on the evaluation and rating
results, the microfinance institution shall distribute the remaining profits in
accordance with regulations on profit distribution applicable to wholly
state-owned credit institutions.
b) Other microfinance institutions: They shall
themselves decide the distribution of remaining profits in conformity with
their Charters and relevant laws.
Article 10. Reporting
1. At the end of the accounting period, every
microfinance institution must prepare and send financial statements as
regulated by law.
2. Chairperson of the Member Board or General
Director (or Director) of the microfinance institution shall be responsible for
the accuracy and faithfulness of its reports.
3. Deadlines for submission of reports:
a) Interim financial statements must be submitted
by the 30th of the first month of the subsequent quarter;
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c) Reports on audit of annual financial statements:
The microfinance institution shall submit the audited annual financial
statements and written opinions given by an independent audit firm upon the
completion of audit process.
4. Report recipients:
a) A wholly state-owned microfinance institution
shall send its financial statements to the branch of the State Bank of Vietnam
in province or central-affiliated city where its head office is located, the
State Bank of Vietnam (via the Bank Supervision and Inspection Agency) and the
Ministry of Finance;
b) Other microfinance institutions shall send
financial statements to branches of the State Bank of Vietnam in provinces or
central-affiliated cities where the microfinance institution’s head office is
located and the State Bank of Vietnam (via the Bank Supervision and Inspection
Agency).
Article 11. Responsibility of
regulatory bodies and microfinance institutions
1. The Ministry of Finance and the State Bank of Vietnam
shall perform their responsibilities for contents relating microfinance
institutions prescribed in Article 37, Article 38 of the Decree No.
93/2017/ND-CP .
2. The State Bank of Vietnam shall take charge of
supervising the compliance with financial policies by microfinance
institutions; semi-annually and annually send reports on financial status of
microfinance institutions and violations against financial policies detected
during inspections (if any) to the Ministry of Finance. The State Bank of Vietnam
shall send semi-annual and annual reports to the Ministry of Finance by July 31
and March 31 of the following year respectively.
3. Microfinance institutions:
a) Comply with financial policies prescribed in the
Law on credit institutions, the Decree No. 93/2017/ND-CP , guidelines herein and
relevant legislative documents on financial management;
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Chapter III
IMPLEMENTATION
Article 12. Entry into force
1. This Circular shall come into force as from
March 25, 2018.
2. This Circular supersedes the Circular No.
06/2013/TT-BTC dated January 09, 2013 by the Ministry of Finance providing
guidelines for financial policies applicable to microfinance institutions.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
for consideration./.
PP. MINISTER
DEPUTY MINISTER
Tran Van Hieu
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