THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
68/TC-TCDN
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Hanoi , September,
25 1997
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CIRCULAR
GUIDING THE MANAGEMENT AND USE OF THE STATE'S FINANCIAL
SUPPORT FOR STATE ENTERPRISES
In furtherance of Decree No.59-CP of October
3, 1996 of the Government issuing the Regulation on financial management and
business cost-accounting of State enterprises, and Decree No.56-CP of October
2, 1996 of the Government on State public utility enterprises; the Ministry of
Finance hereby provides the following guidance for the management and use of
the State's financial support for State enterprises:
I. GENERAL PROVISIONS
1. Objects of application: The provisions of
this Circular shall apply to State enterprises defined in Article 2 of Decree
No.56-CP of October 2, 1996 of the Government on State public utility
enterprises and Article 1 of Decree No.59-CP of October 3, 1996 of the Government
issuing the Regulation on financial management and business cost-accounting of
State enterprises, which are hereafter commonly referred to as State
enterprises.
2. The financial support from the State budget
for State enterprises shall be provided in the forms of subsidies, price
subsidies, loan interest support, investment support, capital support for
paying due debts owed by enterprises which have borrowed investment capital and
developed their businesses fruitfully, but met with financial difficulties during
their first years of operation.
a) Subsidies are the financial support from the
State budget for enterprises to produce goods or provide services under the
State's order or policies, when the turnover cannot cover the costs.
b) Price subsidies are the financial support
from the State budget at fixed levels calculated on each unit of product, goods
or service for State enterprises to produce goods or provide services that have
already been sold on the basis of tasks assigned by the State, under the State's
orders or policies.
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d) Investment support is the financial support
from the State budget for enterprises to expand their operation or make
intensive investment when the State deems it necessary.
e) Capital support for paying enterprises' debts
is the financial support from the State budget to pay due debts owed by
enterprises which have borrowed investment capital, efficiently developed their
business, and contributed more and more to the State budget, but have met with
financial difficulties.
3. Those State enterprises entitled to
subsidies, price subsidies, loan interest support, investment support or
capital support for due debt payment must use them for the right objects, the
right purposes and efficiently.
4. The financial support shall be provided as
follows:
a) For enterprises established by the Prime
Minister, the ministries or branches at central level, which shall be given the
support by decisions of the Prime Minister (or the competent agencies
authorized by the Prime Minister), such support shall be provided from the
central budget.
b) For enterprises established by presidents of
the People's Committees of the provinces and cities directly under the Central
Government (or established under the authorization of the Prime Minister) who
have decided the support therefor, such support shall be allocated from local
budgets (except for support for State enterprises from the central budget
according to annual plans or support directly allocated to enterprises under
decisions of the Prime Minister).
5. In cases of floods, natural calamities,
sabotages, fires, pests, epidemics, etc. due to force majeure, enterprises
shall be given support on a case-by-case basis and in accordance with current
regulations.
II. SPECIFIC PROVISIONS
1. For enterprises entitled to
financial subsidies:
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- Its products and/or services are on the
subsidy list stipulated by the Prime Minister
- It must have a plan approved by the agency
that has decided its establishment.
- It must fulfill the assigned tasks or
production orders in terms of quantity, quality and deadline. In case of any
changes in the quantity and structure of product items, a written consent from
the agency that has decided its establishment is required and such changes must
be included in the annual State budget plans.
- The subsidy level shall be determined by the
competent agency.
- It must strictly observe the regulations on
financial management and budget collection and remittance.
1.2- The allocation of financial subsidies:
Basing itself on the approved annual subsidy
plans, the financial agency shall temporarily allocate to the enterprise 70% of
planned subsidy depending on the plan execution tempo. Upon the completion of
the work or at the end of a fiscal year, the State enterprise entitled to
financial subsidy shall have to report the results of its performance of
business tasks financially subsidized by the State, to the agency that has
assigned plans or the production orders and the finance agency of the same
level. The agency that has assigned plans or production orders and the finance
agency shall have to inspect and evaluate the performance results in terms of
quantity, quality and socio-economic efficiency of the products or services for
which the enterprise has been entitled to financial subsidies:
- If the enterprise fails to ensure the quantity
and quality of products, goods or services under the assigned plans or
production orders, the finance agency shall, after consulting the agency that
has assigned the plan or production orders, decide to recover the amount of
subsidies which have been used inefficiently or not been used up so as remit
them to the budget or convert them into subsidies for the next year.
- If the enterprise fulfills all the assigned
norms on the quantity and quality, but the subsidies provided to it are still
insufficient, the finance agency shall additionally allocate the deficit in the
approved budget estimates.
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1.3- The management and accounting of financial
subsidies:
- Financial plans: Annually, basing themselves
on the regulations and guidance of the Ministry of Finance and their tasks of
producing goods and providing services as assigned by the State, the enterprises
shall draw up plans for financial revenues and expenditures including financial
subsidy plans, then report them to the agency that has decided their
establishment and the finance agency of the same level. The agency that has
decided the establishment of the enterprises shall have to inspect and sum up
such plans within the limits of the approved annual budget revenue and
expenditure estimates then submit the sum-up to the competent agency for
consideration and decision.
- Accounting of financial subsidies: Enterprises
shall be entitled to account the subsidy funds into their subsidy or price
subsidy turnover. Such subsidies shall not be subject to the turnover tax.
2- For enterprises entitled to
financial price subsidies:
2.1- Conditions for a State enterprise to be
considered for price subsidies:
- The list of products, goods or services
eligible for price subsidies must be decided by the agency that has decided its
establishment.
- The products, goods or services eligible for
price subsidies must meet the quantity, quality, time and price requirements
prescribed or agreed in production orders by the State. Any changes in quantity
or goods item structure must be agreed upon in writing by the agency that has
decided the enterprise's establishment.
- The level of price subsidy for each product or
goods item shall be determined by the competent agency.
- The enterprise must strictly comply with the
regulations on financial management and budget collection and remittance.
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Basing itself on the approved annual plans for
price subsidies for each product or service, the finance agency shall
temporarily allocate to the enterprise 70% of the price subsidies according to
the tempo of execution of plans for each product or service. Upon completion of
the whole work or at the end of a fiscal year, the State enterprise benefiting
from the price subsidies shall have to report the results of its business
performance regarding the products or services eligible for price subsidies.
The agency that has assigned the plan or production order and the finance
agency shall have to inspect such performance results and the socio-economic
efficiency of products or services subsidized by the State.
- If the enterprise fails to fulfill the assigned
plan or production order in terms of quantity and quality of products or
services, the finance agency shall, after consulting the agency that has
assigned the plan or production order, decide to recover the amounts of
subsidies which have been used inefficiently or have not been used up so as to
remit them to the State budget or convert them into subsidies for the following
year.
- If the enterprise fulfills all the assigned
norms on the quantity and quality, but the subsidies allocated to it are insufficient,
the finance agency shall additionally allocate the deficit in the approved plan
or budget estimates.
In cases of price fluctuation or an
extraordinary task outside the assigned plan, the finance agency shall,
together with the agency that has assigned the plan, consider and settle case
by case within the total amount of price subsidies stated in the plan or budget
estimates for the following year.
2.3- The management and accounting of price
subsidies:
- Financial plans: Annually, basing themselves
on the regulations and guidance of the Ministry of Finance, and their tasks of
producing goods and providing services eligible for price subsidies from the
State, enterprises shall draw up financial revenue and expenditure plans
including plans on price subsidies for products or services, then report them
to the agency that has decided their establishment and the finance agency of
the same level. The agency that has decided the enterprises' establishment
shall have to examine, sum up and report them to the Prime Minister (or an
authorized agency) for consideration and decision.
- Accounting of price subsidies: Enterprises
shall be entitled to account price subsidies into their subsidized turnover.
Such price subsidies shall not be subject to turnover tax.
The enterprise shall account such price
subsidies separately for each product or goods item produced or service
provided, which is eligible for price subsidies from the State.
3- For enterprises entitled to
loan interest support:
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- Its products, goods or services must be
decided by the Prime Minister or the agency authorized by the Prime Minister.
- It must ensure the quantity, quality, time
schedule and price of its products or services as prescribed by the State. Any
changes in the quantity or prices must be agreed upon by the agency that has
decided the loan interest support.
- The loan interest support must be included in
the annual budget plans approved by the competent level.
3.2- The allocation of loan interest support:
Quarterly, basing itself on the loan interest
actually incurred to products, goods or services provided (with certification
from the lending bank or credit institution), the finance agency shall allocate
support for such loan interest. Upon the completion of the whole work or at the
end of each fiscal year, State enterprises entitled to loan interest support
shall have to report on the performance results regarding each product or
service eligible for the loan interest support.
3.3- The management and accounting of loan
interest support:
- Financial plans: Annually, basing themselves
on the Government's regulations and the Ministry of Finance's guidance and
their tasks of producing goods or providing services as assigned by the State,
the enterprise entitled to loan interest support shall draw up financial
revenue and expenditure plans, including plans for loan interest support, then
report them to the agency that has decided their establishment and the finance
agency of the same level. The agency that has decided the enterprise's
establishment shall have to examine, sum up and report them to the Prime
Minister (or an agency authorized by the Prime Minister) for decision.
Within the limits of the approved annual budget
revenue and expenditure estimates, the Prime Minister (or the agency authorized
by the Prime Minister) shall decide the level of loan interest support for each
product, goods item or service of the enterprise or for each type of
enterprise.
- The accounting of loan interest support: The
enterprise shall be entitled to use loan interest support to make up for costs
of production of goods or provision of services, which are eligible for such
loan interest support.
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4- For enterprises entitled to
investment support:
4.1- Conditions for a State enterprise to enjoy
the investment support:
- It is a newly established enterprise and has
not yet been allocated initial capital as stipulated.
- It is a public-utility enterprise being in
operation but actually lacking in capital to perform the assigned tasks.
- It is an enterprise performing important tasks
such as: infrastructure construction after it has won an international bidding
therefor; purchase of farm products for export, production of materials or
goods as import substitutes...but currently meeting with difficulties in
capital.
- It is an enterprise conducting business
activities with economic efficiency, high production growth rate or good sale
of products, making profits and paying greater and greater tax amounts
(including profit tax), but lacking in business capital.
- Investment support must be included in annual
budget plans already approved by competent level.
4.2- The allocation of investment support:
4.2.1- The State budget shall provide investment
support for the construction and purchase of fixed assets: According to
investment plan already approved by the agency that has decided the
enterprise's establishment; the enterprises entitled to investment support for
the purchase of fixed assets shall comply with Decree No.42-CP of July 16, 1996
of the Government issuing the Regulation on Investment and Construction
Management and Decree No.43-CP of July 16, 1996 of the Government issuing the
Regulation on Construction Bidding.
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a) Basis for the consideration of investment
support grant:
- The decision on the enterprise's establishment
issued by the competent State agency.
- The business registration certificate.
- The financial report and financial statement
of the enterprise for the year before the investment is made (for enterprise
being in operation).
- The production and business plan already
registered.
b) If the enterprise meets all conditions
prescribed by the State for being entitled to the support, the finance agency
shall, after consulting the agency that has decided the enterprise's
establishment, decide the level of support. Such investment support shall be
accounted into the State capital increase, the enterprise shall have to manage
and preserve such capital in accordance with the current financial management
regime.
5- Capital support for paying
due debts owed by enterprises when they mobilize capital for investment, which
have conducted business efficiently but met with financial difficulty in the
first years of operation:
The conditions for an enterprise to be entitled
to the support:
- It is a State enterprise which has assets
formed by mobilized capital and has actually promoted their efficiency in
production and sale of products, made profits and increased its remittances to
the State budget as compared to the period before the investment capital is
mobilized.
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- After the enterprise has mobilized all its
lawful capital sources, it is still unable to fully pay due debts.
- The support amount in the year is not higher
than the budget remittance increase over the period before the enterprise's
investment capital is mobilized.
- Such support must be specified in the annual
State budget plan already approved.
The allocation and accounting of support:
Basing itself on the support limits specified in
the State budget plan, on the demand for capital support for paying due debts
as determined on the above said principles and the increase rate of the State
budget remittances, the finance agency shall decide the support amounts to be
allocated to enterprises.
Such support amounts shall be accounted by the
enterprise into the State budget capital sources, the enterprises shall have to
manage and preserve such capital in accordance with the current financial
management regime.
III. THE SUPERVISION,
INSPECTION AND HANDLING OF VIOLATIONS
1- The State enterprises enjoying the financial
support shall have to observe the regime of financial reporting and financial
statement as prescribed in Circular No.06-TC/TCDN of February 24, 1997 of the
Ministry of Finance on the financial management regime applicable to
public-utility enterprises and Circular No.73-TC/TCDN of November 12, 1996 of
the Ministry of Finance providing guidance for making and publicizing financial
reports and examining annual financial reports of State enterprises.
2- The State enterprises enjoying the financial
support shall have to clearly explain the management and use of the financial
support from the State; and at the same time regularly report on the situation
and tempo of the performance of the tasks of producing goods or providing
services that are eligible for financial support.
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3- The finance agency shall have to regularly or
periodically supervise and inspect the management and use of the State's
financial support for enterprises.
The enterprises entitled to financial support
shall have to provide the functional agencies with all information, data and
vouchers related to the State's support.
For all violations that cause economic damage
and all spendings that are made at variance with the prescribed principles,
purposes and financial regimes, the Managing Boards (for enterprises having
managing boards), the General Directors or the Directors (for enterprises
having no managing boards) shall, depending on the extent of damage caused by
violations, administratively discipline the violators or force them to pay
compensation or examine them for penal liability as prescribed by law.
VI. IMPLEMENTATION PROVISIONS
1. Basing themselves on the provisions of this
Circular, the ministries, the ministerial-level agencies, the People's
Committees of the provinces and cities directly under the Central Government
and enterprises shall, depending on their assigned business or public utility
tasks, provide support in appropriate forms. For cases other than those
prescribed, written consents from the Ministry of Finance are required.
Besides the provisions of this Circular,
enterprises must also comply with other regulations on financial management and
relevant provisions of law.
2. This Circular takes effect from the date of
its signing. The previous stipulations which are contrary to this Circular are
now annulled. Any problem arising in the course of implementation shall be
reported by the ministries, the People's Committees of the provinces and cities
and the State enterprises to the Ministry of Finance for consideration and
appropriate amendments and supplements.
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