THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
62/2002/TT-BTC
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Hanoi, July 18, 2002
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CIRCULAR
GUIDING THE APPLICATION OF VALUE ADDED TAX
(VAT) ON CREDIT INSTITUTIONS’ ACTIVITIES OF HANDLING LOAN SECURITY ASSETS TO
RECOVER DEBTS
Pursuant to the VAT Law, the
Government’s Decree No.79/2000/ND-CP of December 29, 2000 detailing the
implementation of the VAT Law and the Finance Ministry’s Circular
No.122/2000/TT-BTC of December 29, 2000 guiding the implementation of the
Government’s Decree No.79/2000/ND-CP of December 29, 2000;
Pursuant to the Government’s Decree No.178/1999/ND-CP of December 29, 1999
on security for loans of credit institutions and directing opinions of the
Prime Minister in the Government’s Official Dispatch No.1151/CP-KTTH of
December 20, 2001.
The Finance Ministry hereby guides in detail the contents concerning the
non-collection of VAT on credit institutions’ activities of selling assets to
recover debts when handling loan security assets, as follows:
I. APPLICATION OBJECTS AND SCOPE
1. Application objects:
This Circular shall apply to
credit institutions which are entitled to handle loan security assets according
to the provisions in Clause 2, Article 34 of the Government’s Decree No.
178/1999/ND-CP of December 29, 1999 on security for loans of credit
institutions, by the following modes:
a/ Credit institutions directly
sell loan security assets to purchasers or to debt-managing and
asset-exploiting companies under commercial banks, and/or to organizations with
the function of purchasing and selling debt assets.
b/ Credit institutions shall
authorize the sale of loan security assets to the following organizations:
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- Asset-auctioning enterprises
defined by the legislation on asset auction;
- Debt-managing and
asset-exploiting companies under commercial banks;
- Organizations with the
function of purchasing assets for sale.
c/ Credit institutions shall
take the very loan security assets in lieu of the debt repayment obligation.
d/ Credit institutions shall be
allowed to receive assets directly from a third party in cases where such third
party is obliged to return the assets to the borrower or the guarantor.
Cases of selling enterprises’
assets under the provisions of the Government’s Decree No.103/1999/ND-CP of
September 10, 1999 on the sale, business contracting or lease of State
enterprises or selling assets of bankrupt enterprises under the provisions of
the Enterprise Bankruptcy Law, which are not subject to VAT calculation,
declaration and payment as guided in the Finance Ministry’s Circular
No.122/2000/TT-BTC of December 29, 2000, shall not be governed by this
Circular.
2. Application scope:
Pursuant to Article 32 of the
Government’s Decree No.178/1999/ND-CP of December 29, 1999 and Item 3.1, Point
1 of the Prime Minister’s Decision No.149/2001/QD-TTg of October 5, 2001 on the
approval of schemes on handling of unsettled debts of commercial banks, cases
where credit institutions shall be entitled to handle loan security assets for
debt recovery include:
a/ 60 days after debts become
due, the loan security assets are not yet handled as agreed upon.
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c/ Undue debt repayment
obligations shall be considered due if borrowers being economic organizations
are dissolved before the debt repayment deadlines come. If borrowers fail to
repay debts and fail to handle loan security assets for repaying debts, credit
institutions may handle such assets to recover their debts.
d/ For cases where borrowers or
guarantors are enterprises which are not yet split up, separated, consolidated,
merged, transformed or equitized, the handling of loan security assets
according to the provisions in Clause 2, Article 13 of the Government’s Decree
No.178/1999/ND-CP of December 29, 1999 shall not be effected.
e/ Courts rule that assets shall
be handed over to credit institutions for handling.
II. PROCEDURES, DOSSIERS, VOUCHERS AND INVOICES WHEN CREDIT
INSTITUTIONS HANDLE LOAN SECURITY ASSETS
1. Cases where credit
institutions directly sell loan security assets:
a/ Credit institutions which
sell assets directly to purchasers shall have to:
a.1. Publicly announce the sale
of security assets and shall be allowed to sell security assets within the time
limit prescribed by Vietnam State Bank for the handling of loan security assets
for debt recovery by credit institutions and competent agencies.
a.2. There must be credit
contracts or security contracts between credit institutions and borrowers or
guarantors (hereinafter referred collectively to as securing parties). For
cases prescribed in Clauses 2b, 2c and 2d, Section I of this Circular, the handling
documents of competent agencies as defined by law (the originals or notarized
copies) shall also be required.
a.3. When selling loan security
assets, credit institutions shall have to issue VAT invoices to customers. Such
VAT invoices must clearly describe the sale of loan security assets according
to Clause 2, Article 34 of the Government’s Decree No. 178/1999/ND-CP of
December 29, 1999, with the blank lines reserved for VAT rates and amounts
crossed out.
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b/ Credit institutions sell loan
security assets to organizations with the function of selling and purchasing
assets or debt-managing and asset-exploiting companies under the commercial
banks (called purchasing units for short):
- Credit institutions shall also
have to complete formalities regarding dossiers, vouchers and invoices
according to the provisions in Item 1a, Section II of this Circular.
- Units which purchase assets
from credit institutions shall be exempt from VAT and issue VAT invoices
according to the provisions in Item 1.a.3, Section II above.
2. In cases where credit
institutions authorize the sale of loan security assets to the organizations
defined at Point 1.b, Section I of this Circular:
a/ There must be asset-sale
authorization contracts signed between credit institutions and the authorized
parties.
b/ When clearly identifying the
purchasers, the authorized units shall notify credit institutions of the information
on such customers. Credit institutions shall complete formalities regarding
dossiers, vouchers and invoices according to the provisions in Item 1a, Section
II of this Circular.
3. In cases where credit
institutions take the very security assets in lieu of performance of secured
obligations:
a/ Credit institutions and
securing parties shall make written records on receipt of security assets,
clearly stating the following contents: the receipt of loan security assets
according to the provisions in Clause 2, Article 34 of the Government’s Decree
No.178/1999/ND-CP of December 29, 1999 in lieu of performance of the secured
obligations, the hand-over, reception, pricing and handling of security assets
and payment from the handling of security assets, as well as other contents
prescribed by law. In these cases, credit institutions shall not have to issue
invoices but shall carry out procedures to transfer the rights to own and use
security assets.
b/ Vouchers for accounting by
credit institutions shall be written records on receipt of the very security
assets in lieu of performance of secured obligations and other relevant
vouchers as prescribed by law.
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III. SPECIFIC REGULATIONS APPLICABLE TO THE CONCERNED PARTIES WHEN THE
HANDLING OF LOAN SECURITY ASSETS IS EFFECTED
1. Credit institutions:
a/ Shall have to comply with the
provisions in Section II of this Circular.
b/ VAT invoices on sale of loan
security assets must be separately managed and monitored by credit
institutions. Proceeds from the handling of loan security assets shall not be
considered turnovers or incomes of credit institutions (except for cases
prescribed in Paragraph c, Clause 3, Section II of this Circular).
2. Securing parties:
Securing parties being business
establishments shall be entitled to account sale proceeds as notified by credit
institutions into the VAT-free sale turnover. In cases where the securing
parties being business establishments pay VAT by the deduction method and loan
security assets are subject to VAT, they shall have to deduct input VAT
corresponding to the security asset sale turnover in the fiscal year. The
method of determining and distributing input VAT on loan security assets shall
comply with the provisions in Paragraph c, Clause 1, Section III, Part B of the
Finance Ministry’s Circular No.122/2000/TT-BTC of December 29, 2000 guiding the
implementation of the Government’s Decree No.79/2000/ND-CP of December 29, 2000
detailing the implementation of the VAT Law.
3. Purchasing parties:
They are entitled to request
credit institutions to give VAT invoices according to the provisions in Section
II of this Circular, and then use such invoices as lawful vouchers for
book-keeping and accounting when purchasing assets or completing other
procedures as prescribed.
4. Tax offices:
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IV. ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15 days after its signing and
applies to security contracts signed before its effective date, provided that
the purchase and sale have not yet been actually effected and invoices not yet
issued. Cases where security assets have already been sold and VAT calculation
invoices already issued to purchasers shall not be readjusted.
2. Any problems arising in the course of implementation
should be promptly reported by the concerned organizations and individuals to
the Finance Ministry for study and solution.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung