THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
166/1999/ND-CP
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Hanoi,
November 19, 1999
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DECREE
ON THE FINANCIAL REGIME FOR CREDIT INSTITUTIONS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Law No.02/1997/QH10 of December 12, 1997 on Credit Institutions;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
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Article 2.- Financial
management principles
1. Credit institutions are financially
autonomous, take self-responsibility for their business activities and perform
their obligations and commitments according to the provisions of law.
2. Credit institutions shall have to conduct the
financial publicity.
Article 3.- The chairmen
of the Managing Boards, the general directors (directors) of credit
institutions shall take responsibility before law and State management agencies
for the observance of financial, accounting and auditing regimes by credit
institutions.
Article 4.- The Ministry
of Finance shall exercise the function of State financial management over
credit institutions, guide and inspect the implementation of the financial
regime by credit institutions as prescribed by law.
Chapter II
MANAGEMENT AND USE OF
CAPITAL AND PROPERTY
Article 5.- A credit
institution’s
operational capital shall come from the following sources:
1. The statutory capital;
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3. The differences brought about by the revaluation
of properties and exchange rate differences;
4. The reserve fund to supplement the statutory
capital, the professional development investment fund, the financial reserve
fund, the job severance allowance reserve fund, the reward fund and the welfare
fund;
5. The retained profits which have not yet been
distributed to the funds;
6. The loan capital in form of individuals’ and
economic organizations’
deposits, issuance of valuable papers, borrowings from domestic and foreign
credit institutions and borrowings from the State Bank;
7. Other capital sources prescribed by law.
Article 6.- In the
course of operation, credit institutions shall have to ensure that their actual
statutory capital is not lower than the legal capital level prescribed by the
Government for each type of credit institution. In case of a change in their
statutory capital, credit institutions shall have to make public the new
statutory capital amount.
Article 7.-
1. Credit institutions may
use their operational capital in service of business activities according to
the provisions of the Law on Credit Institutions, ensuring the principle of
safety and development of capital. When using capital and funds for
construction investment and procurement of fixed assets, credit institutions may
use no more than 50% of their own capital and must observe all the State’s
regulations on investment and construction management.
2. Credit institutions may change their capital
and property structures in service of development of their business activities.
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Article 8.-
1. Credit institutions may
use their statutory capital and reserve funds to contribute capital to and buy
stocks of enterprises and other credit institutions according to the provisions
of law.
2. The Managing Boards of credit institutions
shall decide the plans on capital contribution, stock purchase or joint venture
with domestic economic organizations, provided that such capital amount shall
not exceed the maximum level defined by the State Bank.
3. In case of capital contribution to, stock
purchase from or joint venture with foreign investors, the chairmen of the
Managing Boards of credit institutions shall report such to the State Bank
Governor for approval.
Article 9.- Credit
institutions shall have to comply with the regulations on ensuring safety for
operational capital as follows:
1. To strictly comply with the regime of capital
and property management and use according to the provisions of the Law on
Credit Institutions and this Decree.
2. To fully maintain the safety ratios in
operations of credit institutions as prescribed by law.
3. To buy insurance for properties according to
law provisions.
4. To join the Deposit Insurance or Deposit
Preservation in order to protect the legitimate interests of money depositors,
contributing to the maintenance of credit institutions’ stability.
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a/ The reserve for risks in operations of credit
institutions. The deduction level and use of the contingency reserve to handle
risks in banking activities shall be stipulated by the State Bank Governor
after consulting the Minister of Finance;
b/ The reserve for reduction of prices of
unsaleable goods;
c/ The reserve for decrease in the stocks’
value.
Article 10.- Inventory
and re-evaluation of properties
1. Credit institutions shall have to inventory
and re-evaluate their properties in the following cases:
a/ To inventory and re-evaluate properties
periodically and at the end of a fiscal year. To accurately determine the
properties in excess or deficit, the debt situation, the overdue debts, the
unrecoverable debts; and to determine causes and responsibility therefor;
b/ To inventory and re-evaluate properties by
decisions of the competent State agencies;
c/ To effect the equitization or diversification
of the ownership forms;
d/ To use their properties to enter joint
ventures, contribute stock capital or recover properties after the joint
ventures terminate their operations.
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Article 11.- Credit
institutions shall conduct the fixed asset depreciation like enterprises.
Credit institutions may use the fixed asset depreciation value for
re-investment for the replacement and renovation of fixed assets and for other
business purposes as prescribed by law.
Article 12.- When
suffering from property losses, credit institutions shall have to determine
their causes and responsibility therefor and handle such losses as follows:
1. If losses are caused by collectives and
individuals, such collectives and individuals shall have to pay compensation
therefor as prescribed by law.
2. If the property has been insured, the losses
shall be handled according to the insurance contracts.
3. The reserve which has been set up with
deductions from expenditures shall be used to cover losses as prescribed by
law.
4. The loss value, if not fully offset by
compensations of individuals, collectives, insurance organizations and reserve
set up with deductions from expenditures, shall be made up for by the financial
reserve fund of the credit institution. Where the financial reserve fund is not
enough to make up for the loss, the deficit shall be accounted into the
irregular expenditure in the period.
Article 13.-
1. Credit institutions
may lease, pledge and mortgage properties under their management on the
principle of efficiency, safety and development of capital according to the
provisions of the Civil Code as well as other provisions of law.
2. When leasing, pledging or mortgaging
properties being technologies related to professional operations of the whole
system, credit institutions must get written consent from the State Bank.
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1. Credit institutions
may sell their properties to recover capital for use for more efficient
business purposes. The sale of properties being technologies related to
professional operations of the whole system must be approved in writing by the
State bank.
2. When selling their properties, credit
institutions shall have to re-evaluate such properties and organize auctions in
cases where laws require auctions.
3. The differences between the proceeds from the
sale of properties and the remaining value of the sold properties as well as
the sale expenses shall be accounted into the business results of credit
institutions.
Article 15.-
1. Credit institutions
may liquidate properties of poor or degraded quality and damaged properties
which cannot be restored; technically obsolete properties no longer needed for
use or inefficiently used, which cannot be sold in their status quo. The liquidation
of properties being technologies related to professional operations of the
whole system must be approved in writing by the State Bank.
2. When liquidating their properties, credit
institutions shall have to set up liquidation councils; in case of the sale of
liquidated properties, auctions must be held according to the provisions of
law.
3. The differences between the proceeds gained
from the property liquidation and the remaining value of liquidated properties
as well as the property liquidation costs shall be accounted into the credit
institutions’
business results.
Chapter III
REVENUES, EXPENDITURES
AND BUSINESS RESULTS
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1. Revenues from professional activities:
a/ Revenue from loan interests;
b/ Revenue from deposit interests;
c/ Revenue from financial leasing operation;
d/ Other revenues from credit activities;
e/ Revenue from payment service;
f/ Revenue from the collection of guaranty
charges;
g/ Revenue from the collection of treasury
service charges;
h/ Revenue from the collection of deduction
service charges;
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2. Revenues from other activities:
a/ Revenue from interests of capital
contribution and stock purchase;
b/ Revenue from participation in the monetary
market;
c/ Revenue from gold, silver and foreign
currency trading;
d/ Revenue from consignment and agency
activities;
e/ Revenue from insurance service;
f/ Revenue from consultancy service;
g/ Revenue from debt sale and purchase between
credit institutions;
h/ Revenue from property leasing;
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3. The revenue from reimbursement of reserves set
up with deductions from expenditures according to the current regulations;
revenue from capital sources which have been dealt with by the contingency
reserve; and revenue from exchange rate differences as prescribed.
4. Other revenues.
Article 17.- Expenditures
of credit institutions are the reasonable payable expenses arising in the
period, including:
1. Expenses for business activities of credit
institutions:
a/ Expenses for the payment of deposit
interests; expenses for the payment of loan interests; and banking service
expenses.
b/ Expenses for the depreciation of fixed assets
used for business and service activities. The depreciation levels shall comply
with the general provisions set for enterprises.
c/ Salaries, wages and expenses of salary and wage
nature, which credit institutions have to pay to laborers; allowances for
part-time personnel as prescribed. The levels of salary and wage expenses shall
be based on the law provisions and labor contracts signed between the credit
institutions and laborers, ensuring the following principles:
- For the State credit institutions, the salary
and wage regime prescribed for State enterprises shall apply.
- For other credit institutions, the wage levels
paid to laborers shall be decided by the Managing Boards, based on the
agreements in the labor contracts signed between the credit institutions and
laborers according to the provisions of the Labor Code, which must not exceed
the maximum wage level set for the determination of the taxable profit by the
local People’s
Committees.
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e/ Expenses for the procurement of services from
outside such as transportation, electricity, water, telephone, materials,
printing papers, stationery, labor tools, repair of fixed assets, fire
prevention and combat, consultancy, auditing, property insurance, payment of
commissions, brokerage agency, consignment and other services.
f/ Other expenses:
- Excise, land use tax or land rents, land and
house taxes, other taxes, charges and fees.
- Expenses for advertisement, marketing, trade
promotion, guest reception, ceremonies, transactions, external relations,
conferences and other expenses. For newly set up credit institutions, these
expenses must not exceed 7% of the yearly total expenditures in the first two
(2) years and 5% in the subsequent years.
- Expenses for labor protection.
- Expenses for job severance allowances for
laborers according to the provisions of law.
- Expenses paid to female laborers according to
prescribed regimes.
- Working-shift meal expenses for officials and
employees of the credit institutions with the level not exceeding the minimum
wage level set by the State for State employees.
- Expenses for professional and trade
associations and societies which credit institutions participate in.
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- Expenses for the reward of innovations and
thrifty use of materials as prescribed.
- Expenses for scientific research and
techno-logical renovation studies; expenses for innovations, laborer training,
raising of laborers’
professional and managerial skills; expenses in support of education (if any);
medical expenses for laborers of credit institutions according to the law
provisions.
- Expenses for the institutions’
security.
- Expenses for warehouse and fund operation.
- Expenses for environmental protection. If the
yearly expenditures are large and to be effected in many years, it shall be
distributed to the subsequent years.
- Expenses for the payment of fines on breaches
of economic contracts.
2. Other expenses for operations of credit
institutions, including:
a/ Expenses for foreign currency, gold and
silver trading.
b/ Expenses for the sale and purchase of stocks
and bonds.
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d/ Expenses for the sale and liquidation of
properties (including the remaining value of properties and the sale and
liquidation costs).
e/ Expenses for joint venture operations,
business cooperation and stock capital contribution.
f/ Expenses for debt sale and purchase between
credit institutions.
g/ Expenses for the recovery of the already
forgiven debts, expenses for fine collection.
h/ The remaining property loss value after
having been offset by the sources stipulated at Point 4, Article 12 of this Decree.
i/ Other permitted expenses.
Article 18.- Credit
institutions shall not be allowed to account into their business expenditures
the following:
1. Fines paid by collectives and/or individuals
for law violations while they are on duty.
2. Expenses not related to business activities
of credit institutions such as expenses for capital construction, expenses in
support of laborers meeting with difficulties, expenses in support of other
organizations and/or individuals.
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4. Expenses covered by other funding sources:
non-business expenses, expenses for rewards, welfare, regular and irregular
allowances for people meeting with difficulties and expenses covered by other
funding sources.
5. Other unreasonable expenses.
Article 19.-
1. All economic
operations must be reflected in Vietnam dong in accounting books and final
account settlement reports.
2. Where economic operations arise in foreign
currency(ies), such currency(ies) must be converted into Vietnam dong according
to the stipulations of the Finance Ministry.
Article 20.- Credit
institutions shall conduct the account settlement of their revenues and
expenditures in strict compliance with the prescribed regime, take
responsibility before law for the accuracy of such revenues and expenditures
and have to comply with the regulations on accounting vouchers and invoices.
Chapter IV
PROFITS AND DEDUCTIONS
FOR ESTABLISHMENT OF FUNDS
Article 21.- A credit
institution’s
profits obtained in a year mean its business results, including the operational
profit and profit from other activities. The credit institution’s
profits are the difference between the total revenues to be collected and the
total reasonable payable expenses.
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A State credit institution’s
profits left after the payment of enterprise income tax prescribed by law shall
be distributed as follows:
1. To deduct 5% for the establishment of the
reserve fund for supplement to the statutory capital. The maximum level of this
fund must not exceed the actual statutory capital level of the credit
institution.
2. To offset the preceding years’
losses which must not deducted from the pre-enterprise income tax profit.
3. To pay fees for the use of the State budget
capital.
4. To pay fines on the law violations under the
credit institution’s
responsibility.
5. The profit left after subtracting the
above-said expenses shall be distributed as follows:
a/ 10% -for the establishment of the financial
reserve fund, the balance of which must not exceed 25% of the credit institution’s
statutory capital.
b/ 50%- for the professional development
investment fund.
c/ 5%- for the job losing allowance fund, the
balance of which must not exceed six (6) months’ actual salary amount.
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- 3 months’ actual salary amount, if the profit ratio
of the current year is not lower than that of the preceding year.
- 2 months’ actual salary amount, if the profit ratio
of the current year is lower than that of the preceding year.
The Managing Board of the credit institution
shall, after consulting the trade union of the credit institution, decide the
deduction proportion for each fund.
e/ The profit left after deduction for the
establishment of the reward and welfare funds shall be added to the
professional development investment fund.
Article 23.-
Distribution of profits by other credit institutions:
The other credit institutions’
profits left after the payment of enterprise income tax shall be distributed as
follows:
1. To set up the reserve fund for supplement to
the statutory capital, offset losses of the previous years and pay fines on the
law violations according to the provisions of Clauses 1, 2 and 4, Article 22 of
this Decree.
2. The remaining profit shall be distributed as
follows:
a/ 10%- for the financial reserve fund, the
balance of which must not exceed 25% of the credit institution’s
statutory capital.
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3. The distribution of profits left after the
establishment of the funds stipulated Clauses 1 and 2 of this Article shall be
decided by the credit institutions themselves.
Article 24.- Principles
for the use of funds:
1. The reserve fund for supplement to the
statutory capital shall be used to supplement the statutory capital.
2. The professional development investment fund
shall be used to invest in the expansion of business activities and renovation
of technologies, equipment and improvement of working conditions of a credit
institution.
Basing itself on the investment demand and the
fund’s
capacity, the Managing Board of the credit institution shall decide the
investment forms and measures on the principle of efficiency, safety and
development of capital.
3. The financial reserve fund shall be used to
offset the remaining losses and property damage incurred in the business
process after they have been made up for by compensation from organizations
and/or individuals that have caused such losses or damage, insurance
organizations and the reserve funds.
4. The job losing allowance fund shall be used
to support laborers who have worked in a credit institution for one (1) year or
more but have temporarily lost their jobs under the law provisions; to spend on
the professional and technical re-training for laborers due to the
technological changes or transfer to new jobs; train reserve jobs for female
laborers of the credit institution and raise the professional skills of
officials and employees working therein.
5. The reward fund shall be used for:
a/ The year-end reward or periodical reward of
officials and employees in the credit institution. The reward levels shall be
decided by the Managing Board of the credit institution at the proposal of the
general director (director) and trade union of the credit institution, based on
the labor productivity and work achievements of each official and employee in
the credit institution.
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c/ The reward of individuals and units outside
the credit institution that have economic relations with the latter and have
well fulfilled the contractual terms, efficiently contributing to the credit
institution’s
business activities. The reward levels shall be decided by the Managing Board
of the credit institution.
6. The welfare fund shall be used for:
a/ Investment in the construction or repair or
addition of capital for the construction of welfare projects of the credit
institution; contribution of investment capital for the construction of public
facilities within the branch or jointly with other units according to the
contracts.
b/ Expenses for sport, cultural and public
welfare activities of the collective of officials and employees of the credit
institution.
c/ Contribution to the social welfare fund.
d/ Expenses for regular and irregular allowances
for the credit institution’s officials and employees meeting with
difficulties.
e/ Expenses for other welfare activities.
The general director (director) of the credit
institution shall coordinate with the executive committee of the trade union of
the credit institution to manage and use this fund.
Chapter V
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Article 25.-
1. Credit institutions
shall implement the accounting and statistical regime according to the provisions
of law, fully record all the initial vouchers, update their accounting books
and reflect fully, promptly, honestly, accurately and objectively their
financial activities.
2. A fiscal year of credit institutions shall
commence from January 1st and end on December 31 of the calendar year.
Article 26.-
1. Credit institutions
shall have to make and send quarterly and annual financial reports to the State
financial agencies, statistical and tax agencies as well as the State Bank,
including:
a/ The balance sheet of the credit institution,
enclosed with the detailed explanation on the increase, decrease, fluctuation
of capital sources and use of capital.
b/ The report on business results and situation
of revenue remittance to the State budget.
c/ The report on labor and wage implementation
by the credit institution.
2. The time-limit for sending the
above-mentioned reports shall comply with the regulations of the Finance
Ministry and the General Department of Statistics.
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Article 27.-
1. A credit institution
shall have to organize internal audit of its financial reports.
2. Within 30 days before the end of a fiscal
year, the credit institution shall have to hire an independent auditing
organization lawfully operating in Vietnam to audit its financial reports. The
selected auditing organization must be approved by the State Bank. The results
of auditing the credit institution’s financial reports must be sent to the
State financial agencies and the State Bank.
Article 28.- Within 120
days after the end of a fiscal year, credit institutions shall have to
publicize their financial reports as prescribed by law.
Article 29.- Basing
themselves on the documents guiding the financial regimes, the credit
institutions shall elaborate their own financial regulations and submit them to
the Managing Boards for approval to serve as basis for implementation. As for
the State credit institutions, the financial regulations must be approved by
the Finance Ministry.
Chapter VI
RESPONSIBILITIES OF THE
MANAGING BOARDS, GENERAL DIRECTORS AND DIRECTORS OF CREDIT INSTITUTIONS
Article 30.-
Responsibility of a credit institution’s Managing Board
1. To exercise the function of management over
the credit institution; within its competence, to inspect and oversee the
financial operations of the credit institution.
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3. To submit to the State Bank Governor plans on
capital contribution, stock purchase and joint venture with foreign investors
for consideration, decision and reporting to financial management agencies of
the same level.
4. To ratify plans on capital mobilization, use,
preservation and development as well as plans on the use of after-tax profits,
which are submitted by the general director (director) of the credit institution,
and take responsibility for its decisions.
5. To approve the annual financial reports of
the credit institution and publicize the financial reports as prescribed; to
approve the long-term and annual financial plans submitted by the general
director (director) of the credit institution.
6. To inspect and supervise the general director
(director) of the credit institution in the capital use, preservation and
development and organization of business activities according to plans and
projects already approved by the credit institution’s Managing Board and fulfill the
obligations toward the State budget.
7. To take responsibility for the accuracy and
truthfulness of the reports on business results of the credit institution, the
distribution and use of the after-tax profits in strict compliance with the
regulations.
8. To perform other obligations as prescribed by
law.
Article 31.-
Responsibility of the general director (director) of a credit institution
1. To act as the legal representative of the
credit institution, run the operations of the credit institution and take
responsibility before the Managing Board, the State Bank Governor, law and
financial agency for the administration of operations of the credit
institution.
2. To join the chairman of the Managing Board in
signing for reception of capital, land, natural resources and other resources
assigned by the State and shareholders.
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4. To take responsibility for the mobilization
and use of capital sources for business activities; to nominate personnel to
manage investment capital as well as capital for joint venture and business
cooperation with other enterprises; to take material liability for damage
caused to the credit institution by his/her subjective faults.
5. To elaborate the spending norms in conformity
with the business conditions of the credit institution.
6. To take responsibility for the accuracy and
truthfulness of the financial reports, statistical reports, final account
settlement reports and other financial information.
7. To elaborate annual financial plans in
conformity with the business plan to be submitted to the Managing Board for
approval and send them to the State financial agencies according to the
stipulations of the Finance Ministry.
8. To fulfill other obligations as prescribed by
law.
Chapter VII
FINANCIAL PLANS,
EXAMINATION AND INSPECTION
Article 32.-
1. Credit institutions
the shall have to elaborate annual financial plans under the guidance of the
Finance Ministry and send them to the State financial agencies and the State
Bank. A credit institution’s financial plans include:
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b/ A plan on its revenues, expenditures,
business results and State budget remittance quotas.
c/ A plan on its labor and wages.
2. The above-mentioned plans of the credit
institutions must be approved by their Managing Boards and at the same time
sent to the State financial agencies and State Bank before November 15 of the
year preceding the plan year.
Article 33.- The
Ministry of Finance shall conduct examination and inspection of the observance
of financial regime by credit institutions.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 34.- This
Decree takes effect 15 days after its signing. The earlier provisions on the
financial regime for credit institutions which are contrary to this Decree now
cease to be effective.
Article 35.- The Finance
Ministry shall assume the prime responsibility and coordinate with the State
Bank in guiding the implementation of this Decree.
The ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government, the presidents
of the People’s Committees of the provinces and centrally-run cities
shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai