THE MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 83/2013/TT-BTC
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Hanoi, June 25,
2013
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CIRCULAR
GUIDING THE
IMPLEMENTATION OF THE PRIME MINISTER’S DECISION NO. 64/QD-TTG, OF JANUARY 07,
2013, ON THE CHARGE RATE THAT EQUITIZED CREDIT INSTITUTIONS SHALL BE ENJOYED
WHEN REVOKING THE OFF-BALANCE-SHEET DEBTS RETAINED
Pursuant to the June 16, 2010 Law No.
47/2010/QH12 on Credit Institutions;
Pursuant to the Government’s Decree No.
118/2008/ND-CP, of November 27, 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No.
59/2011/ND-CP, of July 18, 2011, on transformation of enterprises with 100% of
State capital into joint stock companies;
Pursuant to the Prime Minister’s Decision No.
64/QD-TTg, of January 07, 2013, on the charge rate that equitized credit
institutions shall be enjoyed when revoking the off-balance- sheet debts
retained;
At the proposal of Director of the Department of
Finance of Banks and Financial Institutions;
The Minister of Finance promulgates the Circular
guiding the implementation of the Decision No. 64/QD-TTg, of January 07, 2013,
of the Prime Minister on the charge rate that equitized credit institutions
shall be enjoyed when revoking the off-balance-sheet debts retained,
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Subjects of application under this Circular
include: Joint stock commercial Bank for Foreign Trade of Vietnam, Vietnam
Joint Stock Commercial Bank for Industry and Trade, Joint Stock Commercial Bank
for Investment and Development of Vietnam, Mekong Housing Bank (in this
Circular, it is referred to as the equitized state-owned commercial banks) and
other relevant organizations.
Article 2. Management of off-balance-sheet debts
retained
1. The off-balance-sheet debts retained are
off-balance-sheet debts that are removed, not included in the value of
enterprise when equitizing the state commercial banks and being allowed by the
Prime Minister that the equitized State-Owned Commercial Banks shall continue
the monitoring, management and revoking of debts for the state budget.
2. The equitized state-owned commercial banks shall
have the responsibility to determine and report the State Bank of Vietnam about
the balance due of off balance sheet debts that are removed and not included in
the value of enterprise when equitizing; record, monitor separately, manage
tightly and propose measures to revoke thoroughly the-off-balance-sheet debts
that are removed and not included in the value of enterprise when equitizing
for the state budget.
3. The state bank of Vietnam shall reappraise and
report the balance due of off-balance-sheet debts shall be retained that are
removed and not included in the value of enterprise when equitizing of each
state commercial bank at the time of determining the enterprise valuation to
the Ministry of Finance; examine and urge the equitized state commercial banks
to continue the management, monitoring and revoking for the state budget and
ensure not losing the state asset.
Article 3. Management of collected amounts from
off-balance-sheet debts retained
1. The amounts collected from off-balance-sheet
debts retained according to Clause 2 Article 2 of this Circular are the real
amounts collected by the equitized State commercial banks from revoking
off-balance-sheet debts. The equitized state commercial banks are allowed to
keep 20% of the money revoked from off- balance-sheet debts retained to record
into the income.
2. The arising expenses directly related to off-
balance- sheet debts retained include all expenses related to the handling of
off –balance-sheet debts (expense to put on sale of the assets, expense to
manage the assured assets, auction expenses, evaluation expenses...), the
equitized state commercial banks shall record the expenses according to the law
and financial regulations applied to credit institutions. All mentioned-above
expenses must have the reasonable and valid invoices, documents as prescribed
by law.
3. Method of recording
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b) At the end of the quarter, the equitized state
commercial banks shall record as follows:
- For 20% over the amount collected from
off-balance-sheet debts retained, the equitized state commercial banks shall
record into miscellaneous income items.
- For 80% over the money collected from
off-balance-sheet debts retained, the equitized state commercial banks shall
remit to the state budget.
Article 4. The collection agency and time limit
of remittance to the State budget for amounts revoked from off-balance-sheet
debts and payable to the State Budget
1. Within 15 days after ending quarter, the
equitized State Commercial Banks shall remit all amounts revoked from
off-balance-sheet debts and payable to the State Budget arising in quarter into
the State Budget at the State Treasure as prescribed in Law on State Budget and
the Circular No. 128/2008/TT-BTC, of December 24, 2008, guiding the collection
and management of the State Budget’s revenues through State Treasuries.
2. All money revoked from off-balance-sheet debts
payable to the State Budget specified in Clause 1 Article 4 of this
Circular shall be remitted to the State Budget according to:
a) Respective chapters of the State commercial bank
(chapter 139: Joint stock commercial Bank for Foreign Trade of Vietnam; chapter
140: Vietnam Joint Stock Commercial Bank for Industry and Trade; chapter 142:
Joint Stock Commercial Bank for Investment and Development of Vietnam; chapter
144: Mekong Housing Bank).
b) Type 340, Clause 341.
c) Section 3650, sub-section 3653 “collection of
debts from using the state budget capital”.
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1. Biannually, counted under the calendar year,
from January 01 to June 30 and from July 01 to December 31 annually, the
equitized state-owned commercial banks that have the off-balance-sheet debts
retained shall be responsible for making and sending a report to the Ministry
of Finance, the State Bank of Vietnam about off-balance-sheet debts retained,
the amounts revoked from off-balance-sheet debts retained, amounts retained for
the equitized state commercial banks, amounts payable to the state budget,
amounts remitted to the state budget. A periodical report till December 31
annually shall sum up the accumulated amounts revoked from off-balance-sheet
debts retained of whole year (detailed according to the form in attached
Annex).
2. Deadline of sending report:
- The six (6)-month reports must be sent within 20
days after the last day of reporting period;
- The annual reports must be sent within 90 days
after ending financial year.
Article 6. Organization of implementation
1. This Circular takes effect on August 15, 2013.
2. Any problems arising in the course of
implementation should be reported to the Ministry of Finance for consideration
and settlement.
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