Circular No. 209/2013/tt-Btc Guiding The Financial Regime: For Property Management Companies Of Vietnam's Credit Institutions

Original Language Title: Thông tư 209/2013/TT-BTC: Hướng dẫn chế độ tài chính đối với Công ty Quản lý tài sản của tổ chức tín dụng Việt Nam

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FINANCE MINISTRY
Number: 209 /2013/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 27, 2013

IT ' S SMART

Financial Mode Guide to the Company

Managing the assets of Vietnamese credit organizations

________________

The National Enterprise Law Base 60 /2005/QH11 November 29, 2005;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

Base of Protocol 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnamese credit organizations;

Base of Protocol 71 /2013/NĐ-CP July 11, 2013 by the Government on Investment of the State Capital into the business and financial management of the State-held business 100% of the charter capital;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

At the suggestion of the Chief Financial Officer of the banks and financial institutions;

The Minister of Finance issued the Financial Committee guidelines for the Asset Management Company of Vietnamese credit organizations.

What? 1. The tuning range and subject apply

1. This information guides the financial regime for the Asset Management Company of Vietnamese credit organizations (later called VAMC).

2. The financial regime of the VAMC performs under the rule of law towards the LLC a member state that holds 100% of the charter capital, the Digital Protocol. 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnam Credit organizations (the following calls for a Digital Protocol). 53 /2013/ND-CP), specific guide content at this message and relevant legislation documents.

What? 2. VAMC ' s active capital

1. The investment capital of the owner consists of:

1.1. $500 billion.

1.2. The development investment fund is cited by the regulatory regime;

1.3. Other equity sources under the rule of law on the LLC a member of the state held 100% of the charter capital.

2. mobilized capital:

2.1. Special bonds issued by VAMC as defined by the State Bank of Vietnam;

2.2. Other active capital sources follow the rule of law to the LLC a member state that holds 100% of the charter capital.

What? 3. Use of Capital, Property

1. VAMC is responsible for managing, using, tracking the entire assets and existing capital, carrying out the accounting in accordance with the existing accounting regime; the full, accurate reflection, timely situation of use, volatility of capital and property in the business process; the body. the responsibility and form of treatment for each department, individual in case of damage, loss of property, capital of VAMC.

2. VAMC is used as active capital to serve as a prescribed business operation at the No. 53 /2013/ND-CP, specific guidelines at this Information and the regulation of the relevant legislation in accordance with the principle of ensuring safety and capital development:

2.1. Special bonds are used only to buy the bad debt of the credit organization under regulation at paragraph 1, Article 7 Digital Protocol. 53 /2013/NĐ-CP.

2.2. VAMC is used with VAMC legal sources except for special bonds to buy bad debts according to the market value under regulation at paragraph 2, Article 7 of the Digital Protocol. 53 /2013/ND-CP . The VAMC debt is purchased by market value upon the transfer of capital, equity which is determined to be an investment. The VAMC carried out the tracking and accounting of this investment in accordance with the rule of law.

2.3. The VAMC is used capital to invest, asset purchases fixed to VAMC 's operation in accordance with the equipment principle that is consistent with VAMC' s operational needs, efficiency, savings and compliance with State ' s regulations on the LLC a member of the company. The State held 100% of the charter capital for basic building investment and fixed asset procurement.

2.4. VAMC is only used capital to invest outside (not through the purchase of debt and property) under the following forms:

a) To deposit money at the state commercial banks;

b) Participate in capital, purchasing shares in accordance with regulations at point g, paragraph 1 Article 12 Digital Protocol 53 /2013/NĐ-CP.

2.5. Correction, upgrade of guaranteed assets has been taken by VAMC by regulation at d point, paragraph 1, Article 12 Decree 53 /2013/ND-CP to increase value, facilitate the processing of assets to recover debt.

2.6. VAMC is used capital to invest, providing financing to borrowers to handle temporary financial difficulties and to recover business production by regulation at a 3-Article 17 Decree Protocol. 53 /2013/NĐ-CP.

3. VAMC performs an extracts of risk-to-cost at the cost of operating operating costs at Article 4 of this.

What? 4. Quote and use the backup

1. For the bad debt purchased by market value: VAMC makes an extraction and use of the project under the regulation of the State Bank of Vietnam.

2. For the prescribed bail at paragraph 4 Article 17 Decree. 53 /2013/ND-CP, the investments, providing financing to the borrower in the form of bail, lending: VAMC implement the citation and use of the project under the regulation of the State Bank of Vietnam over the classification of debt, extract and use of the risk reserve in operation. It's a credit organization's bank.

3. For the project to reduce inventory price, the loss of financial capital losses, the bill must be difficult to obtain (except for receivable receivable receivings): VAMC's implementation of the application and use of a joint-based reserve application to the business.

4. For the other financial offering: VAMC makes the opening and use of the backup as for the financial investment.

What? 5. Manage, use and reimbursate the advance from bad debt sales credit organizations.

1. VAMC is given a cash advance from credit organizations when buying debt by a special bond to have the funding cover the costs associated with the treatment of bad debt. The specific level of advance under the regulation of the Governor of the State Bank of Vietnam after the unification with the Minister of Finance.

2. VAMC must keep track of each advance to reimbursate the debt credit organization.

3. VAMC uses the legal receivings to reimbursate the received retreats from the debt-selling credit organizations when the treatment is owed or when it comes to special bonds.

What? 6. Revenue, Cost

1. Revenue content, the cost of VAMC made by regulation at paragraph 1 and paragraph 2 Article 23 Decree 53 /2013/NĐ-CP.

2. The revenues, the cost of the VAMC must have the invoice or certificate from reasonable, valid, and must be fully accounted for, promptly in accordance with the law of accounting.

3. The recording of the revenue, the cost must comply with the appropriate principle between the revenue and the cost; in accordance with the regulation of the corporate income tax legislation.

What? 7. Revenue of Revenue

1. The accounting in the revenue for VAMC fees enjoyed due to the debt, sale of debt, or sale of assets guaranteed to the debt purchased by special bond: VAMC the accounting in the income at the time received the above charges.

2. The accounting in the revenue for the proceeds is due to debt, the customer pays off the debt to the market price: VAMC accounting for income at the time of the debt being owed or the time the customer pays the debt.

3. The accounting in revenues for revenue from the sale of debt, selling assets guaranteed to a market price purchase debt: VAMC's accounting in the revenue at the time of the proceeds from the sale of debt, sold guaranteed property.

4. For revenues from capital activities, purchasing shares: revenues are the amount of interest that is divided when a resolution or decision is split.

5. For revenues from other activities (including revenues from consulting activities, purchasing brokerage, sale, debt processing and property; revenue from rental activities, exploitation of property; revenue from financial activity; revenue from asset auction activities and receivable revenues). Other than that, the revenue is that the entire amount of money paid by the customer does not distinguish it from paying or not collecting money.

6. For the revenues receivable revenue into the revenue but to the unobtained fall, VAMC the accounting tax breaks down if the same fiscal year or accounting is at the expense if the other fiscal year and the foreign exchange follow up to the general. When we get it, the math is in the business of business.

What? 8. Cost of expense record

1. For the cost of buying bad debts according to the market value of the calculated market when there is an income arise from the treatment of the bad debt as follows:

1.1. The case of debt is revoked several times:

a) The case of revenue obtained in the term from the handling of the debt (the debt of debt from the creditless; the sale of debt; exploitation, sale of the assets guaranteed by the debt) is greater than or equal to the cost of purchasing the debt: the implementation of the full cost of purchasing the debt to the expense of the term.

b) The case of revenue obtained during the processing of debt (income from the creditless; the sale of debt; exploitation, sale of assets guaranteed by the debt) is less than the cost of the debt purchase:

-Make a partial transfer of a portion of the debt purchase to the expense in the period with the actual amount obtained from the processing of the debt;

-As the debt continues to be recoverable, the portion of the debt purchase costs are continued to be transferred to the expense according to the above principle;

-When the last remaining portion of the debt is recovered then the entire portion of the cost of the debt purchase costs the remainder to the expense of the term.

1.2. The case of the debt is revoked once: the implementation of the full cost of purchasing that debt at the expense of the period at the time of the income is owed.

2. For the cost of repairs, upgrade of the property:

2.1. For the case of a bad debt purchased by market value: VAMC is overcharged with the previous cost (in detail by each debt) corresponding to the cost of the repair, upgrade of the property. When the sale is asset or the return of the bad debt tied to the property or proceeds from the asset extraction, the proceeds must be accounted for, and at the same time the payment of the previous cost corresponds to the cost of VAMC used to fix it. Fix it, upgrade the property according to the provisions of this one.

2.2. For the case of a bad debt purchased by special bonds: VAMC is given the cost of the previous cost (details by each debt) corresponding to the cost of the repair, upgrade of the property. When the sale is property or the return of bad debt tied to the property or proceeds from the exploitation of the VAMC property, the proceeds must be obtained in response to the cost of VAMC used for repairs, upgrading the property.

3. For other expenses (including the cost of debt; the cost of consulting, the brokerage, sale, debt processing and property; costs for the sale of debt, sale of shares and transfer of capital; cost of extracts the risk reserve; salaries, bonuses, bonuses, allowable expenses for cadres, employees; property aucing costs; cost management costs; cost interest payments; cost of property and other expenses): VAMC only noted at the expense of the actual expenses that arise based on the basis of the certificate from the reasonable, valid Every single one.

4. The company is not charged at the expense of the following:

4.1. The fines of the administrative breach the individual must submit to the rule of law;

4.2. The expenses are not related to VAMC ' s business activities;

4.3. The expenses are not valid.

4.4. The sum of the things that are in the balance are not paid.

4.5. The expenses of other sources of funding have been made.

4.6. Unreasonable expenses, other valid.

What? 9. Distribution of profits and extract of funds.

1. The profitability of VAMC is determined by total revenue of birth in the deduction for the total amount of reasonable costs that arise during the prescribed period.

2. Distribution of profits and extract of VAMC funds.

The profit of the VAMC after the completion of the financial obligations to the State under the rule of law is distributed as follows:

2.1. Compensated for the loss of the previous years;

2.2. The remaining profit after offset the prescribed hole at this 2.1 point (if any) consider 100% and is distributed as follows:

a) Quote 30% into the development investment fund;

b) Quote the VAMC Management Officer Award and the reward fund, the welfare fund. Citing VAMC management and reward funds, VAMC ' s welfare fund is made the regulation of the law on the management of the management of the Board of Directors and the reward fund, the welfare fund for the LLC a member held by the House. the water that holds 100% of the law;

c) The remaining returns (if any) after the prescribed term in the case a, this point is submitted to the Foundation for Arrangement Assistance and Enterprise Development.

What? 10. Special case processing

The case ends the fiscal year, VAMC is looped and in that fiscal year there is a special bond that the total amount of fees on the VAMC debt recovery amount enjoyed in the year smaller than the receivship received from credit organizations reimbursable. The year VAMC reported the Ministry of Finance, the State Bank of Vietnam to report the Prime Minister permission to handle the remainder of the receiving refund from credit organizations in the direction of VAMC recorded sales and credit organizations noted at the expense of the government. A fee

What? 11. Management agency

1. The responsibility of the Ministry of Finance:

1.1. Implementing the State Administration of Finance for VAMC pursuits to the rule of law;

1.2. Co-ordination with the State Bank of Vietnam handles the financial problems of VAMC.

2. The responsibility of the State Bank of Vietnam:

2.1. Implementing a state management function for the entire operation of the VAMC pursuits to the rule of law. Periodically, the year (the slowest of 30 days from the end of the quarter, year), the State Bank of Vietnam informed the Ministry of Financial Intelligence of VAMC and the violations of VAMC's financial regime were discovered during the inspection, the inspector, supervisor (if any) to have a timely treatment of treatment;

2.2. Implementing a state-owned function for VAMC:

a) Decision and is responsible for its decisions within the scope of the jurisdiction of the state owner in accordance with the rule of law;

b) presided over, in coordination with the Ministry of Finance presented by the Prime Minister of Government review, the decision on the matters related to the jurisdiction over jurisdiction.

2.3. Periodically, the year the State Bank of Vietnam assessed the effectiveness of VAMC's performance and informed the Ministry of Finance, Ministry of Planning and Investment (the slog in 30 days from the end of the quarter, the year) to perform its supervising function.

What? 12. Accounting Mode, audits, report and financial public.

1. VAMC performs an accounting regime under the rule of law, fully documented evidence from the original, updated accounting and reflective, timely, honest, accurate, objective, financial, financial, and financial activities.

2. The VAMC financial year started on 1 January and ended on December 31, calendar year.

3. VAMC performs the financial decision, set up and sends financial statements to the State Bank of Vietnam, the Ministry of Finance under the rule of law on the LLC a member held by the State held 100% of the charter capital.

4. VAMC to the Annual Financial Report which has been audits audits by the State Audit (Audit Report) to the Ministry of Finance, the State Bank of Vietnam simultaneously posted this report on VAMC ' s website e-site shortly after the end of the audit.

What? 13. Terms of execution

1. This message was effective from 15 February 2014 and applied from fiscal year 2013.

2. In the course of execution if there is an entanging, the offer reflects on the Ministry of Finance to study, review, resolve ./.

KT. MINISTER.
Chief.

(signed)

Chen Xuân