THE MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.93/2013/TT-BTC
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Hanoi, July
08, 2013
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CIRCULAR
GUIDING THE FINANCIAL REGULATION APPLICABLE TO
THE COOPERATIVE BANK
Pursuant to the Law on credit institutions
dated June 16, 2010;
Pursuant to the Law
on cooperatives dated November 20, 2012;
Pursuant to the Government’s Decree No.
118/2008/ND-CP , dated November 27, 2008, defining the functions, tasks, powers
and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No.
57/2012/ND-CP , dated July 20, 2012, on the financial regulations
applicable to credit institutions, branches of foreign banks;
At the proposal of the Director of Department of Finance
of Banks and Financial Institutions;
The Minister of Finance promulgates the Circular
guiding the financial regulations applicable to the cooperative bank,
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GENERAL
PROVISIONS
Article
1. Scope of regulation
1. This
Circular guides the financial regulation applicable to the cooperative bank.
2. Financial
operations of the cooperative bank shall comply with the Government’s Decree
No. 57/2012/ND-CP , dated July 20, 2012, on the financial regulations applicable
to credit institutions, branches of foreign banks (hereinafter abbreviated to
Decree No. 57/2012/ND-CP); content guided in this Circular and other relevant
legal documents on financial management.
Article
2. Subjects of application
The cooperative bank
(hereinafter abbreviated to the bank) is established, organizes and operates in
accordance with Law on credit institutions No. 47/2010/QH12 dated June 16,
2010.
Chapter
II
SPECIFIC
PROVISIONS
Article
3. Equity capital
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a) Capital contributed
from the member people’s credit funds.
b) Capital from support
of state.
c) Capital contributed
from other legal entities.
2. Differences due to
the foreign exchange rate (if any) arising in the course of investment in
unfinished fundamental construction accounted in the equity capital as
prescribed by law.
3. Differences from
re-evaluation of assets are differences between the book value of assets with
the re-evaluated value of assets after having decision of State or when putting
assets into contribution in share capital.
4. The reserve funds for
charter capital addition, fund for investment in development of professional
operations, the financial reserve fund.
5. Undistributed profit.
6. Other capital under
ownership of bank.
Article
4. Use of capital and assets
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2. Bank may use the operational capital in serve
of trading as prescribed in Law on credit institutions, Decree No. 57/2012/ND-CP and specific guides in this
Circular under the principles of ensuring the capital safety and development.
a) During the course of business operation, bank
must ensure to maintain limitation of investment in construction, procurement
of fixed assets in direct serve of business operation in the principle: The
remaining value of the fixed assets does not exceed 50% of the charter capital
and preserve fund for charter fund addition.
b) For the holding real estate due to handling
of debts, complying with Clause 3 Article 132 of Law on credit
institutions:
- For real estate which bank holds temporarily
for sale, transfer aiming to recovery of capital, banks shall not make
accounting to increase assets, not performing depreciation.
- For real estate which is purchased by bank in
direct serve of business operation, bank makes accounting to increase assets,
perform depreciation as prescribed by law and ensure limitation of investment
in construction, procurement of fixed assets as prescribed in point a Clause 2
of this Article.
c) Bank performs measures to ensure the capital
safety as prescribed in Article 8 of the Decree No. 57/2012/ND-CP. The setting
up of reserve amounts in expenditure, bank shall comply with the following
specific provisions:
- For provision amounts against risk in banking
operations: Bank shall perform the setting up and use of provision against
risks in accordance with general regulation applicable to credit institutions.
- For provision for reduction of inventory
price, provision for loss from long-term investment amounts (including
reduction of stock price), provision for doubtful receivable amounts (other
than provision for credit risks in banking operations): Bank shall perform the
setting up of provision in accordance with general regulation applicable to
enterprises.
d) Lease, mortgage and pledge of assets.
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dd) For assets which bank hires, accepts pledge,
mortgage, preservation or holding for clients, bank shall manage or use as
agreed with clients in accordance with law.
e) Sale, liquidation of assets
- Sale, liquidation of bank’s assets shall
comply with law and provisions in the Charter of banks.
- Bank may sell assets to recover capital which
is used for purpose of trading more effectively.
- Bank may make liquidation with assets of which
quality is bad or decreased; assets which are faulted, not able to recover;
assets with obsolete technique, without demand for use or ineffective use and
cannot sell intact; assets used with a period longer the expired date as
prescribed and cannot continue use. When perform liquidation of assets, bank
must establish a liquidation council.
- For assets in case where law prescribes that
they must be sold through auction, when sell or liquidate, bank must organize
auction as prescribed by law.
Article
5. Management of revenue
1. Revenue
of bank includes revenue s specified in Article 15 of the Decree No.
57/2012/ND-CP , specifying:
a) Revenue from business operation including:
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- Revenue from service operation: Revenue from
payment service; revenue from treasury services; revenue from commission or
agent operation; revenue from providing for service of preserving assets,
leasing safe cabinet, monetary advisory and brokerage; revenue from providing
for new services for operations of the member people’s credit funds and for
development of community’s benefits in localities; revenue from other service
charges;
- Revenue from trading in foreign currency and
gold: Revenue from trading in foreign currency of immediate handover; revenue
from trading in gold; revenue from monetary derivative financial instruments;
- Revenue from interest of contributing capital;
- Revenue from difference of foreign exchange
rate;
- Revenue from other business operations.
b) Other revenues include:
- Revenue from sale, liquidation of fixed
assets;
- Revenue from lending which have been handled
by the provision for risks (including debts which have been deleted but now
recovered);
- Revenue from payable debts of which the owners
have been lost or not identifiable and banks allowed to credit increase for
revenue;
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- Revenue from the
insurance amounts paid for compensation;
- Revenue from paid
taxes which are now allowed to be reduced, repaid;
- Revenue from reversal
of provision for the provision already set up with redundant number (the
amounts which must set up are lower than the amounts which have been set up),
but not credit the decrease of cost, as prescribed by law on setting up
provision for risks;
- Other revenues.
2. Principle of
recording revenues
For revenue from
business operation, bank only records for revenues arising from operations
which the State bank of Vietnam allows performance.
Principle of recording
revenue is specified as follows:
a) For credit operation.
- Revenue from interest
of credit extension operation:
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For the collectible
interest amounts arising in term of the remaining debts, it is not required to
make accounting into income, bank shall monitor at off- balance sheet in order
to urge collection, when collecting, make accounting into income from business
operation.
- Income from interest
of deposit: is the collectible interest amount in the period.
b) Income from trading
in securities of all kinds (except for stocks):
Bank shall make
accounting as estimated revenues for the interest amounts estimated to collect
from trading in securities of all kinds (except for stocks). In case where the
term of collecting principals but banks fail to recover, bank shall not make
accounting as estimated income from interest amounts for the next period.
c) For income from
interest of contributing capital: dividends, profits which are divided from
capital contribution are interest amounts divided when have resolutions or
decisions on division.
d) For income from
differences of foreign exchange rate due to re-assessment of foreign currency
and gold, record accounting- book as prescribed in accounting standards and
current laws.
dd) For revenues from
remaining operations: Revenues are all amounts from sale of products, goods,
service provision arising in the term and being accepted payment by clients
after minus (-) commercial discounts, reduction of sale prices and value of the
returned sale goods (if having valid documents) regardless having collected or
not yet collected amounts.
e) For collectible
revenues which have been accounted into income but banks fail to recover when
the collection time have been overdue, bank shall make accounting to reduce
revenues if it is in the same accounting period or accounting into the
expenditure if it is not in the same accounting period and follow up at
off-balance sheet to urge recovery.
When recovery is performed, bank shall make accounting into income from
business operation.
3. Incomes of bank arising in the period must
have invoices or valid documents and must be made accounting fully into
revenues.
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1. Expenditures of bank include expenditures specified in Article
16 of the Decree No. 57/2012/ND-CP. Several expenditures of bank shall
comply with the following guide:
a) Expenditure for
business operation
- Expenditure for credit operation: Paying
interest of deposits, interest of loans, interest of issuing valuable papers
and other expenditures for operation of credit extension;
- Expenditure for the banking service business
operation: Expenditure for payment service; expenditure for treasury service;
expenditure for commission or agent services; expenditure for telecommunication
service serving payment and other expenditures;
- Expenditure for trading in foreign currency
and gold: Expenditure for trading in foreign currency of immediate handover;
expenditure for trading in gold; expenditure for monetary derivative financial
instruments;
- Expenditure for capital contribution:
- Expenditure for differences of foreign
exchange rate as prescribed in accounting standards and current laws;
- Expenditure
for other business operations, including: Losses due to trading in securities
of all kinds (except for stocks); expenditure for debt purchase and sale and
expenditure for other business operations.
b) Expenditure for
paying tax, charges, fees including tax, charges and fees involving land rents
(except for the EIT) as prescribed by law.
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- Expenditure for Depreciation of
fixed assets used for business operation shall comply with regulation on
management, use and Depreciation of fixed assets applicable to
enterprises;
In case of purchasing fixed assets under the form of deferred payment:
Bank shall make accounting the differences between total payable amounts
and purchase price of fixed assets under form of immediate payment into the
expenditure according to duration of payment unless those differences are
counted into primary price of fixed assets (capitalization) in accordance with
the accounting standards.
- Expenditure for hiring fixed assets: Expenditure for
hiring fixed assets shall comply with contracts of hiring. In case of
paying lump-sum rents for many years, the rents shall be allocated gradually
into the business expenditure according to number of years of using
assets. For expenditures involving land rents not being deducted
into the rents as prescribed, bank shall allocate into the expenditure
according to time of using the rented land;
- Expenditure for maintaining fixed assets;
- Expenditure for repairing fixed assets;
- Expenditure for procurement, repair of tools and instruments;
- Expenditure for asset insurance;
- Other expenditure involving assets.
d) Expenditure for staff as prescribed by law
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- Expenditures for based- salary contributions: Paying social insurance,
medical insurance, unemployment insurance, and funding of the Trade Union;
- Paying job-loss allowance to employees as prescribed by law applicable
to enterprises;
- Expenditure for buying human-accident insurance;
- Expenditure
for shift meals;
- Expenditure for labor protection in respect to
subjects who need to be equipped labor protection during working;
- Expenditure for
trading costume of staff;
- Expenditure for
entitlements provided for female employees as prescribed by law;
- Health expenditures
include expenditure for periodical medical examination of employees,
expenditure for buying standby medicines and other health expenditures within
responsibilities of enterprises as prescribed by current law;
- Expenditure for annual
vacation money as
prescribed by law;
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dd) Expenditures for management operation, activities on duty include
the following expenditures:
- Working-trip
allowances;
- Charges of
electricity, water, telephone, paper, stationery, and other materials;
- Expenditure for vault
professional operations;
- Expenditure for money
transport;
- Expenditure for hiring
advisory services, hiring foreign and domestic experts;
- Expenditure for audit;
- Commission of agent,
charges of commission must be presented in contracts of agent, commission with
full reasonable and valid documents;
- Expenditure for
setting up fund of science and technology development as prescribed by law. Use
of fund shall comply with current provisions;
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- Expenditure for
training, coaching professional operations;
- Expenditure for
implementing duties and powers applicable to People’s credit funds as
prescribed by the State bank of Vietnam;
- Rewards for
initiatives which improve, increase labor capacity, rewards for saving cost:
In principle of being suitable with the brought actual efficiency; bank
must formulate and announce publicly regulations of rewarding and establish
council for acceptance of initiatives;
- Expenditure for fire
fighting and prevention;
- Expenditure for
environmental protection;
- Expenditures for propagation,
advertisement, marketing, promotion, conferences, protocol operations and
festivities and other expenditure under the prescribed regulations and these
expenditures must have invoices or documents as prescribed by the Ministry of
Finance, in association with the business results of bank;
- Expenditures for broker commission: Expenditures for brokerage
commission of bank must associate with the economy efficiency which the
brokerage operation brings. Bank shall, base on their conditions and
specific characteristic, formulate regulation on expenditures for brokerage
commission in conformity with law to apply uniformly and publicly in banks. The
administrative Council of bank shall approve regulation of expenditure for
brokerage commission to apply in its units.
Subjects which are
enjoyed the brokerage commission are organizations and individuals (foreign and
domestic) doing service of brokerage for bank. The brokerage commission is not
applied to objects which are agents of bank, the appointed clients, managers
and staffs of bank.
Payment of brokerage
commission must base on contracts or certificates between bank and the party
receiving brokerage commission, in which, it is required to have the basic
contents: name of the party receiving commission; content of expenditure, level
of expenditure; method of payment; time of performance and ending;
responsibilities of parties.
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For expenditure for
brokers to sell mortgaged or pledged assets: Level of expenditure for
brokerage commission to sell the mortgaged or pledged assets of bank does not
exceed 1% of the actual value collected from sale of assets through brokerage.
- Expenditure for guard;
expenditure for militia, defense, security.
e) Expenditure for the provisions against risks, preservation and
insurance of deposit
- Expenditure for
setting up the provision in activities of bank as prescribed in point c, Clause
2, Article 4 of this Circular;
- Expenditure for
participating in organization of secure and insured deposit, fund for ensuring
safety of system as prescribed by law.
g) Other expenditure
- Paying charges
involving the domestic and foreign trade associations which bank have
participated at levels of charge prescribed by these associations;
- Expenditures for
operations of the Party, mass associations at bank (expenditures not in the
funding of organizations of the Party and mass associations shall be paid by
the defined sources);
- Expenditure for
amounts which have been accounted in revenue but practically fail to collect
them and not accounted to reduce revenue;
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- Expenditure for sale,
liquidation of assets (if any) including the remaining value of fixed assets
which are liquidated, sold;
- Paying charges of debt
recovery services for organizations which are permitted to perform the debt
recovery services as prescribed by law; expenditure for recovery of written-off
debts, expenditure for recovery of bad debts;
- Paying fines due to
administrative violations; fines and compensation due to breaching economic
contracts belonging to responsibilities of bank;
- Expenditures to handle
losses of assets which remain after being offset by sources as prescribed in
Article 11 of the Decree No. 57/2012/ND-CP.
- Expenditures for
social operation, including finance provision for health, education, finance
provision for remedying consequences of natural disasters, cost for building
charity houses for the poor and other costs as prescribed by law;
- Court charges and fees
for judgment execution;
- Other expenditure.
2. Principles of
recording expenditures
a) Expenditures of bank are expenditures which must be paid and
practically arise in the period involving the business operation.
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c) Expenditures which
are recorded in business expenditure of bank must comply with the principles of
conformity between revenues and expenditures and having full and valid invoices
or documents as prescribed by law.
3. Bank is not allowed
to count into cost for the following amounts:
a) Fines involving
administrative violations, which must be paid by individuals as prescribed by
law;
b) Expenditures which do
not relate to the business operation of bank;
c) Expenditures which
have no valid documents;
d) Costs which have been
accounted for payment but not be paid practically;
dd) Expenditures which
are financed by other funding sources;
e) Other unreasonable
or/and invalid costs.
Article
7. The accounting currency
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2. If bank has
economic operations in foreign currency, it must convert them to Vietnam dong
as prescribed by law.
Article
8. Regulations on accounting, audit, report and publicity of finance status
1. Bank performs the
accounting regime as prescribed by law, record fully the initial documents,
update accounting book and reflect fully, timely, honestly, exactly,
objectively its economic and financial activities.
2. Financial year of
bank begins on January 1st and ends on December 31st of
calendar year.
3. Bank performs
financial settlements, make and send financial statements to the Ministry of Finance, the
State bank of Vietnam as prescribed in this Circular.
Chairperson of the Board
of Directors of bank is responsible for the accuracy, honesty of these
statements.
4. Content of a
financial statement
a) Report on financial
plan includes:
- Plan on capital
sources and capital use;
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- Plan on labor and
salary.
b) A financial statement
includes:
- System of annual financial
statements, financial statements at the middle time of year and accounting
report of bank as prescribed by the State bank of Vietnam involving regulation
on financial statements applicable to credit institutions.
- Other reports,
including: Report on changes of capital sources and capital use; report
on investment capital at member units; report on capital contribution, share
purchase; report on performing obligations with state budget; report on income
of the Board of Directors, members of Supervising Board, employees; report on
general norms (according to enclosed Annex).
c) Report on the audit
result of annual financial statements.
d) Irregular report: At
the request of management agencies.
5. Time limit for
sending reports
a) Annual report on
financial plan is sent not later than November 15 of the year prior to the
planned year.
b) Financial statement:
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- Time limit for
submitting financial statements and other reports (except for report on incomes
of the Board of Directors, members of Supervising Board, employees) at the
middle time of year is not later than 30th day of first month of the
next quarter.
c) Report on the audit
result of financial statements:
The audited annual
financial statement enclosed conclusion of an organization of independent audit
(audit report) is sent as soon as ending audit.
6. Place receiving
reports
Bank shall send reports
specified in clause 4 of this Article to the Ministry of Finance, and the State
bank of Vietnam.
Article
9. Financial examination and handling of violations
1. Form of financial
examination
The financial
examination is carried out under forms:
a) Periodical or irregular
financial examinations.
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2. Agencies performing
financial examination
a) The State bank of
Vietnam:
- To perform
comprehensive inspection, examination and supervision over activities of bank
including financial activities.
- To notify the Ministry
of Finance about violations, problems relating to performance of financial
management regulation of bank which are detected in the course of inspection,
examination and supervision in order to coordinate with the Ministry of Finance
in handling and completing policies.
b) The Ministry of
Finance
- To perform financial
inspection as prescribed by current law on financial inspection.
- To examine problems
related to financial management, compliance with the financial regulations of
bank serving for completing the financial management regulations applicable to
bank.
- To notify the State
bank of Vietnam about result of inspection, examination to coordinate together
in handling.
3. Handling of
violations
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Article
10. Responsibilities of the management agencies
1. The Ministry of Finance,
the State bank of Vietnam shall perform their duties as prescribed in Article
34, Article 35 of the Decree No. 57/2012/ND-CP .
2. Quarterly,
annually, the State bank of Vietnam shall notify the Ministry of Finance about
financial status of bank as prescribed in Clause 1, Article 35 of the Decree
No. 57/2012/ND-CP , specified according to the following norms:
a) Total charter
capital, equity capital, assets, total of debt outstanding, total of mobilized
capital, rate of bad debts and safe ratios in operation of bank.
b) Total of profit
(loss) of bank.
c) Amount remitted to
state budget by bank (divided into kinds of tax, charge).
d) Violations involving
the financial regulation of bank detected in the course of inspection and
supervision.
e) Relevant norms and
other content.
Chapter
III
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Article
11. Transitional provisions
1. Cooperative
bank which is converted from the Central People’s credit fund shall inherit
legal rights, obligations and benefits regarding finance and handle problems
which are existed or arisen relating to finance of the Central People’s credit
fund before converting.
2. Cooperative
bank and clients continue performing financial contracts and transactions which
have been signed between the Central People’s credit fund and clients and still
valid until the expired date of contracts as agreed. The amendment,
supplementation or termination of contracts and transactions are performed on
the basis of the uniformity of parties, in conformity with Law on credit
institutions and relevant laws.
Article
12. Effect
1. This Circular takes
effect on September 01, 2013 and applies to the financial year 2013.
2. This Circular
replaces the Circular No. 63/2006/TT-BTC, dated June 22, 2006 of the Ministry
of Finance, guiding implementation of the financial regulation applicable to
the Central People's credit fund.
3. In the course of implementation, any arising
problems should be reported to the Ministry of Finance for consideration and
settlement.
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