Headlines 02/04/2019 09:24 SA

New Circulars coming into force from April 01, 2019

Ngọc Duy

THƯ VIỆN PHÁP LUẬT would like to introduce the following Circulars that are coming into force from April 01, 2019.

1. 06 criteria for credit rating of banks as from 2019

This is an important content of the Circular No. 52/2018/TT-NHNN prescribing credit rating of credit institutions and foreign bank branches.

According to this Circular, the system of criteria intended for the credit rating of credit institutions and foreign bank branches is composed of the following:

- Capital (C);

- Asset quality (A);

- Management and administration (M);

- Business efficiency (E);

- Liquidity (L);

- Sensitivity to market risk (S).

According to new regulations laid down in this Circular, the criterion (S) is added to the system of credit rating criteria and more entities will be ranked (currently, only joint-stock commercial banks are ranked).

The credit rating regulations shall not apply to the entities prescribed in Clause 2 Article 2 of the Circular No. 52/2018/TT-NHNN.

Based on the score that a credit institution or foreign bank branch has achieved, it shall be ranked: Excellent (A), Good (B), Average (C), Fair (D) or Poor (E). 

The Circular No. 52/2018/TT-NHNN will be applied to the credit rating of credit institutions and foreign bank branches as from 2019 and supersedes the Decision No. 06/2008/QD-NHNN dated March 12, 2008.

2. Amendments to regulations on management of cash payment made through State Treasuries

This is a notable content of the Circular No. 136/2018/TT-BTC providing amendments to the Circular No. 13/2017/TT-BTC on management of cash payment made through State Treasuries.  According to this Circular:

When making transaction with the State Treasury that has a checking account opened at a commercial bank, the state budget-using unit that wishes to make cash payment of at least VND 100,000,000 per transaction shall:  

Carry out procedures for withdrawal of cash at the commercial bank where the checking account of the State Treasury is opened, except the following:

- The state budget-using unit makes payment to state budget and cash payment in the one transaction; in this case, the state budget-using unit must ensure that after offsetting, the actual cash payment made through the State Treasury shall not exceed VND 100,000,000.

- The State Treasury directly pays compensations and subsidies at the requests of competent authorities.

(According to applicable regulations laid down in the Circular No. 13/2017/TT-BTC the state budget-using unit is allowed to withdraw cash from the commercial bank where the checking account of the district-level State Treasury is opened if it makes cash payment of at least VND 01 billion). 

Additionally, the Circular No. 136/2018/TT-BTC provides amendments to regulations on registration of cash withdrawal and cash management by State Treasuries.

3. Amendments to Vietnam’s nomenclature of exports and imports

The Circular No. 09/2019/TT-BTC provides amendments to certain contents in Appendixes of the Circular No. 65/2017/TT-BTC promulgating Vietnam’s nomenclature of exports and imports.

According to this Circular, some contents of the Appendix I – Vietnam's nomenclature of exports and imports are amended as follows: 

- In heading 15.18, the phrase “sulphat hoá” is changed into “sulphua hóa”.

- In heading 44.01, the phrase “mùn cưa và phế liệu gỗ” is changed into “mùn cưa, phế liệu và mảnh vụn gỗ”.

- In heading 55.16, the phrase “sợi filament tái tạo” is changed into “sợi filament nhân tạo”.

- In heading 84.26, the phrase “khung thang nâng di động” is changed into “khung nâng di động”.

- In subheading 9018.39.10, the phrase “Ống thông đường tiểu” is changed into “Ống thông”.

Additionally, this Circular also provides amendments to the Appendix II on 06 general rules for explaining the classification of goods of the Circular No. 65/2017/TT-BTC.

4. Circular No. 02/2019/TT-BGTVT announcing seaport waters in Da Nang City and area of seaport waters under the management of Da Nang Maritime Administration.

5. Circular No. 06/2019/TT-BGTVT prescribing criteria for surveillance and acceptance testing of maintenance performance of national railway infrastructure in terms of maintenance quality, regime and procedures.

6. Circular No. 07/2019/TT-BGTVT providing amendments to the Circular No. 52/2017/TT-BGTVT on maintenance of maritime structures.

7. Circular No. 05/2019/TT-BTC providing accounting instructions for microfinance institutions.

8. Circular No. 11/2018/TT-BNNPTNT providing national technical regulation on agricultural, forestry and fishery wholesale markets and auctions – Requirements for food safety assurance.

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