DECREE

V. State-owned enterprise debt management holds 100% of the capital Don't

_________________

The Law base. I Government, December 25, 2001;

The Law base. D It was on November 29, 2005.

At the suggestion of Minister of Finance I'm - ()

Ch I'm The government issued a decree on the debt management of the state owned by the state, which holds 100% of its charter capital. Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules the management of debt, which handles the stagnate debt of the state-owned business that holds 100% of the charter capital.

What? 2. Subject applies

1. The object applying this Protocol includes:

a) A limited liability company a member held by the State 100% of the charter was decided by the Prime Minister to form or ministries, peer agencies, government agencies (later known as the Ministry of Industry Management), the People's Committee of the Provinces, The Central Committee of the Central Committee (later known as the Provincial People's Committee) decided to form, including:

-A limited liability company is a parent company of economic corporations; the parent company of the state corporation; the parent company in the parent company model-the subsidiary.

-The LLC is an independent member.

b) The authorized representative at the state-owned business holds 100% of the charter capital and the authorized representative for the state capital of the business.

c) The agencies, organizations, individuals involved in the management and handling of the debt of the business.

2. The state-held enterprises hold 100% of the operating capital operating in areas with financial-specific practices that follow the provisions of the law applicable to this particular field.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. "Enterprise" is the LLC a member of the state that holds 100% of the regulatory capital stipulated at Point 1 Article 2 This decree.

2. "Stagnate Debt" is that the debt must be overpaid, the business has adopted the handling measures such as the confirmation projection, the payment manager but remains unrevoked and the debt payout has been too long overdue payment but sales. We haven't been able to afford the debt.

3. "The debt must be hard to collect" as the debt receivship has been too long overdue payment on 6 months (calculated at the initial pay deadline, not to tell the payback period), the business has adopted the handling measures such as confirmation symmetry, the payment manager said. But the business has not recovered; or the debt receivable not to the payment deadline, but the creditor is the economic organization that has entered bankruptcy, which is doing the procedure, the missing person, the fugitive, is being pursued by law authorities. In case, detention, trial, execution, or death.

4. "The debt is not likely to recall" that the debt must be overtaken by the payment deadline or not to the payment deadline of one of the following cases:

a) The creditor is the business, the organization has completed the dissolution, bankruptcy in accordance with the rule of law.

b) The creditable customer is the business, the organization has ceased operations and is not able to afford, no successor to the obligation to repay the debt.

c) The creditor is an individual who has died, is missing, the individual alive but is no longer able to work or lose the capacity of civil conduct, or the heir to the law but is unlikely to afford.

d) The creditor was given a decision by the authority to clear the debt under the rule of law.

) The remaining disparity of unrecovered debt after a personal liability has been handled, the body must be compensated for material.

e) The debt must have been too long overdue for payments from 01 years or more, while the creditor persists, which is operating but the business loses its losses for three years or more and too difficult, completely without payment, the business has been actively applicable. The measures, but they still don't get the debt.

5. "Debt-free debt" is the deadline and overdue debt that the business does not have the ability to pay the creditor in accordance with the pledged contract.

6. "The authorized representative for the portion of the state capital at the business" is that the individual is authorized by the owner by writing to exercise the right, responsibility, the obligation of the owner at the business (the following is called the Representative).

What? 4. Principles for Management and Debt Processing

1. Businesses have the responsibility to build and enact debt management Regulation (including receivable debt, debt payable); validation of the responsibility of the collective, individual (Member Council, Member of the Board of Members (Chairman of the Company), General Manager (Director), the Chief Accounting, the other person involved) in the monitoring, recall, payment of debts; confirmation of the confirmation, the debt classification, the recall, and the topic of debt processing in accordance with the provisions of this Decree.

2. For the undemanding or indebtable debt, first of all, the business must make a provision of the bill by regulation and find every measure of the debt recovery treatment, the same difficult sharing between creditors, creditors to handle through the forms. Debt, debt dilation, debt eradication, debt purchase; the case exceeds the capacity and authority to process, the business must report the authority to have the solution to the settlement.

3. For debts that must be obtained, pay in foreign currency, implement the statute to the Vietnamese at the time of the accounting and the establishment of financial statements by the rule of law. The foreign exchange rate spread during the period, the rate difference reassessed the balance of foreign currency debt receivable, which must pay the end of the fiscal year to be processed by regulation, of the Treasury Department.

4. Businesses are making the conversion procedures processed immediately in accordance with the state's existing regulations on the current 100% business conversion of the state capital.

5. The debt handling solutions must be made in a synchronized manner on the basis of an organized organization, raising the efficiency of the business to have a debt of debt to healthy and long-term stability of corporate finance in the principle of free enterprise debt. Loans, self-duty, self-responsibility.

6. A 6-month term and the end of the fiscal year, along with the establishment and filing of financial statements, oversight reports, the business is responsible for implementing the owner ' s report on the management situation and debt recovery, the handling of the debt, the ability and the payment situation. It ' s the default debt at this decree.

Chapter II

MANAGE AND PROCESS DEBT RECEIVABLE

BUSINESS.

Item 1

MANAGEMENT OF BUSINESS RECEIVABLE DEBT

What? 5. Corporate responsibility in managing debt must be revoked

1. Board and implement the Debt Management Regulation Regulation at Clause 1 Article 4 This decree, which determines the responsibility of the collective, personally in the monitoring, recoil of the debt receivable.

2. Open tracking of debt by each debt subject; regularly categoring debts (debt that has not yet to pay payment, debt to payment, debt has been overdue payment, hard debt, debt is not likely to recover), the foreman revoking the debt; the publication of the public opposition I'm

3. Member Council, Chairman of the Board of Directors (Chairman of the Company), Director General (Director) of the business is responsible for the timely handling of debts that are difficult to obtain, unrecoverable debt. If the unprocessed debt is not processed in accordance with the regulation, let the owner have the text mentioned on 1 occasions, based on the consequences of slow handling affecting the financial situation, the business outcome of the business the owner decides to do. The statutory discipline of law on the President of the Council of the Member, the Council of the Member, the Chairman of the Company, General Manager, or Director; if not handling it in time, leading to the loss of the owner of the owner of the business must be compensated. harm by personal property, accountable to the owner and before the law.

4. When it is determined that the debt is difficult to obtain, the business must extract the bill on the debt that must be difficult to require by the Ministry of Finance regulations.

5. The debt must be obtained without the ability to recall, the business must clearly determine the cause of the objective or the subjective. For the subjective cause, the business is responsible for handling the compensation of the individual, the collective involved. For the objective cause, the Board of the Member, the Enterprise Executive Board and the relevant departments must clearly determine the cause and have the confirmation receipt; if determining these debts is related to business production operations, the business is determined. It ' s compensated by a debt reserve that ' s going to be hard to pay; if it ' s missing, the business costs the business.

6. The debt is not likely to recover after the prescribed treatment at Section 5 This, the business still has to follow out on the balance sheet and in the theory of financial reporting in a minimum term of 10 years from the execution date and has the following: the measure to revoking debt, if the income is owed, the amount of proceeds after subtracing the costs involved, the business is accounted for by the business income.

7. Businesses that have not enacted debt management Regulation under Article 1 Article 4 of this decree, consider as Member Council, the Enterprise Executive Board has not completed the task (when making a business rating); Member Council, Public Chairman and CEO. The company, the corporate executive, is not quoted as a business manager, which has only 80 percent of its monthly salary.

In case for the agency to have a written authority over 01 times that the business has not yet enacted the debt management Regulation, the Board of Member, Chairman of the Board, Chairman of the Company, General Manager (Director) will be dismissed as the case. The financial situation of the business.

What? 6. The powers of the business in managing debt must collect

1. The business that is entitled to sell the debt must have been overdue payment, the debt must be difficult to collect, the debt must not be required to recover capital on the principle of a fully regulated reserve. The business is only sold in debt to economic organizations whose business functions buy a sale of debt, which is not sold directly to the creditors.

2. On the basis of the pricing organization of the valuation organization, market price (if available), the price of sale of the debt due to the parties of the agreement and self-responsibility for the decision to sell the debt must be obtained. The semi-debt case that leads to a loss business, loss of capital, or loss of payment capacity, leads to a state of business that must be dissolved, bankrupt, Council Member, Chairman of the Board (Chairman of the Company), General Manager (Director) and It is directly related to the birth of the debt that is difficult to claim and be dealt with by the laws and regulations of the business.

3. Property base owners, business professions, properties, value of the corporate debt to devolve to the Board of Membership (Chairman of the Company) decision and business cases must report a decision owner to the debt owed to the corporation. where the sale prices are lower than the value on the accounting book. This level of hierarchy is specified in particular in the Financial Management Regulation and the Corporate Debt Management Regulation.

4. The business must establish a sale of debt (which has a business production method for the proceeds of the debt sale), compared to the non-sale of debt to decide or the owner to review, approve before making the sale of the right debt. It is set to be specified in paragraph 3 This Article (the difference between the value of the debt by accounting for the sale price is offset by the cost of the debt to the debt required). The business has a responsibility to continue to offset losses (if any) by business production operations, not to lose the capital of the State invested; if not implemented, the Chairman of the Board of members, Board of members, Corporate Chairman and Board of Leadership. The business of the union is accountable to the owner and before the law.

5. The other rights of the business, such as: The right to complain, sue when the debt is not revoked, the authority to authorize the debt made by the law.

Item 2

PROCESSING DEBTS RECEIVABLE

BUSINESS.

What? 7. Processing of debt receivables is unlikely to recall

1. For businesses that are in operation, the debt receivables are not able to recall regulation at paragraph 4 Article 3 This decree is processed in the following order:

a) The business defines the cause, the responsibility of the collective, the individual and the collective requirement, the individual compensated by the rule of law.

b) Use the reserves of debts that must be difficult to compensate.

c) Cost the cost or income of the business, depending on the particular case.

In the case of the implementation of the debt sale by the rule of law, after determining the cause, the responsibility of the collective, the individual and the incumbent claim by law, the difference between the debt value to the sale price is offset. by the source of the debt in the debt of debts that must be difficult to pay, if you lack the cost of the business of the business.

2. For the business that is making the transition, the debt receivables are not likely to recall, after processing once defined at clause 1 This Article that the loss business continues to process under the state regulations when making the transition to the business. Business.

3. The debt receivables are not liable to be processed (except for the sale of debt) but the creditor persists then the businesses are responsible for continuing to follow up on the balance sheet and in the theory of financial statements in the evening deadline. That ' s 10 years from the date of processing and there are measures to recover the debt, if the income is owed, the amount of proceeds after the exclusion of the costs involved, the business is accounted for by the income of the business.

The conversion business is responsible for handing out debts that do not count on the value of the business according to the regulation. The authorities receiving responsibility for continuing to monitor and organize the recall to debts receivables are not likely to be recovered, but the crediteit exists. During the time of the transaction, the business is still responsible for continuing to monitor and organize the debt.

4. The businesses are processed and accounted for once the debt is not recovered into the annual business production results in accordance with the regulations at Point 1 This Article.

What? 8. Processing of debt receivables is likely to recall.

1. For debt receivables is likely to be recovered, the business must be actively working on the governor, and to apply all measures to recover.

2. For debt receivables from the next 6 months or more likely to recall, the business must set up a backup and accounting at the cost of the business for the year.

What? 9. Processing of the required debts of the business in relation to the state budget

1. The provision of the appropriated or subsidy budget has been approved by the authority but has not been granted, the grant budget, that level budget must be in charge of deployment to the business.

2. The businesses that have submitted to the level budget must be reimbursable to the business (if the business is required to return) or subtracted to the filing following the provisions of the law on tax management.

3. The business of the business due to unarranged or unsufficient layout to pay the volume of basic building investment in buildings, the project is invested in state budget capital, government bond capital, or capital of budgetary; Asset money payments, headquarters for career units, local state management agencies located in the approved investment plan, ministries, industries, localities, investment decisions are responsible for the investment of the budget. book for payment enough in time for the business to follow the existing regulations of law; not requiring capital business to carry out the project when required. The budget has not yet been deployed for the project, resulting in basic building debt.

4. Local funds receive repayment in lieu of the business ' s assets for a career unit or local state regulatory authority, the local must use the budget to pay off the business debt.

5. The business ' s funds are held by state agencies during the inspection, inspector, investigation of the case, after a business conclusion is not wrong or not to rectify the consequences then the authorities decide to be reimbursfully reimbursable. It ' s right for the business in the last five days of work.

Chapter III

MANAGE AND HANDLE DEBT PAYABLE

BUSINESS.

Item 1

MANAGEMENT OF BUSINESS PAYABLE DEBT

What? 10. Corporate responsibility in the management of debt payable

1. Board and implement the Debt Management Regulation Regulation at Clause 1 Article 4 This Decree, assignment and determination of responsibility in the monitoring, payment of the debt payable; open tracking full of debts that must be paid including both. The amount of interest to pay; taxing over the time the debts must be paid (undue payment, debt to payment, debt has overdue payment); the taxon according to the debt of debt (long-term debt, short-term debt, preferable loan debt, trade loan, water loan). In addition to the government's bail ...); full track of the business's bail commitments.

2. The business must ensure that the debt system must pay on the equity of the business that does not exceed 3 times by the Government ' s regulation of financial management to the state-held business that holds 100% of the charter capital. When there is a need to raise funds that are beyond regulation to invest important projects, the business must build a specific method, determine the plan to repay the debt, balance the debt flow, report the owner review, decide on the basis of the right capital mobiles projects. ensuring your ability to repay your debt and be effective. The business is responsible for the efficiency of the project and ensuring the ability to repay the debt, the owner is responsible for its decision before the law.

3. Build a debt-payment plan, balance the cash flow that guarantee the source of the debt; Payment of debts must be paid in accordance with the pledged deadline. Frequently review, assessment, analysis of the ability to pay the debt of the business, not to give birth to overdue debts. The debt payable without the object to pay is the accounting of the business ' s income.

4. Member Council, Chairman of the Board of Directors (Chairman of the company) General Manager (Director) the business must manage and run the business that guarantees the ability to pay the debt; it is responsible for early detection of difficult conditions in the bar. The debt to have a timely recovery solution is not to give birth to overdue debts; if not processed in time to develop a debt-free payment of over 6 months, based on the consequences of not timely handling, the owner decided. The format of discipline follows the rule of law on the Chair of the Board of members, the Council of members, the Chairman of the Company, the General Manager or Director; if it is not handled promptly, it is liable to be accountable to the owner and before the law.

5. The business is only spent on reward funds, benefits, the Corporate Management Membership Award for Member Council titles, General Manager (Director), Chief Accounting Officer and Individuals Involved in debt after payment of sufficient payments to the Board of Directors. debt and other asset obligations to the deadline must be paid (in accordance with the initial payment deadline, not to date the payment extension time).

What? 11. Corporate responsibility for the implementation of capital raising

1. Enterprise makes capital mobiles to invest, manufacture business under Government regulations on state capital investment into business and financial management to the State-held business of 100% of the charter capital.

2. The raising of the capital of the business must be calculated, considering the economic efficiency. Capital mobiles use only, invest in approved business purposes, which must focus on the main business sector, which is not used for other purposes, that the mobiles must be managed tightly, the business is effective. The business must pay its original debt and interest in the right commitment to capital raising.

3. The business must build a capital of capital raising, guarantee the ability to pay debt; the case beyond the competence of the business then the method must be granted a regulatory authority under the regulation of the division, devolve execution of rights, responsibility function, the obligation of the state owner, ensuring the ability to pay the debt. The user of mobiles is responsible for testing, monitoring, ensuring that the mobiles of mobiles are used for the right purpose, subject to effect, and effective.

4. The bail of a parent company owned by the parent company owns 100% of the charter capital, which has the funding of the parent company raising capital, borrowing capital of banks, the credit organization implemented by the Government ' s regulations on state capital investment into the business and businesses. the financial management of the state-owned enterprise-owned business. Projects where the parent company does bail must be evaluated, evaluated effectively, the ability to pay the debt of the guaranteed companies. The parent company is responsible for closely monitoring the use of the right loan capital and paying the proper debt on loans provided by the parent company for businesses.

5. The case of a capital mobiles is not effective or performing an incorrect capital mobilation, using a non-purpose capital that leads to property losses, causing damage to the business, a career the President of the Board of members, Council Member, Chairman. company, the General Manager or Director will be responsible for the damages of the material that corresponds to the damage, losses that have caused the business, to process discipline or to seek criminal liability depending on the extent of the breach.

6. The owners closely monitor the mobiles and use of mobiles at businesses to prevent, handle the errors and do not damage the business.

7. Every year, at the same time as financial planning for the next year, the business must plan a capital raising; determine the plan to repay the debt to the payout in the next fiscal year to the owner, the financial body before July 31 of the year. five reports to monitor, monitor.

Item 2

PROCESSING DEBTS MUST BE RETURNED

BUSINESS.

What? 12. Tax debits and the receivable state budget

1. The handling of the tax liabilities and the State Budget filing of the businesses is made in accordance with the provisions of the law on taxes, fees and fees.

2. For businesses making the transition under the Digital Protocol. 109 /2008/NĐ-CP October 10, 2008 in terms of sale, business delivery of 100% state capital and digital decree 59 /2011/NĐ-CP July 18, 2011, in terms of a 100% business transfer of state capital to a holding company, the implementation of the tax debits and the receivship of state budgets in accordance with the relevant legislation.

3. For the loans, the advance of the state budget, the business is in charge of paying the debt to the state budget by regulation. If the debt is not paid due to the cause of the business objective, the agency reports the authority to solve each specific case under the rule of law.

What? 13. Credit charity business debt

1. For businesses that are in operation have difficulty in the ability to pay the credit-overdue debt of credit organizations due to a loss of business, the government ' s regulatory debt and the existing law are concerned about the debt handling of the credit organization. Yeah.

2. For businesses to implement the conversion (by digital decree) 109 /2008/NĐ-CP October 10, 2008 in terms of sale, business delivery of 100% state capital and digital decree 59 /2011/NĐ-CP July 18, 2011, on the July 18, 2011 business transfer of 100% state capital to a holding company, it is difficult for the ability to pay the credit-overdue debt of credit organizations due to the loss of business, the current legal debt-handling of debt treatment. stagnated; actively coordinating with the creditor bank and organizations that have the function to purchase debt to handle the overdue debt in accordance with the laws that are in accordance with the rule of law.

3. The handling of the overdue debts of the borrower business at the Vietnam Social Policy Bank and the Development Bank of Vietnam is made under the provisions of the Prime Minister.

What? 14. The debt processing has bail

Organizations, individuals who bail on capital loans, buy back goods, have overdue the payment that the insured has not paid, the organization and the individual bail must pay the debt. The business is repaid in lieu of debt and debt repayment to the organization, the individual who has secured his bail under the law of the current law.

What? 15. Social Insurance debt processing

1. For the business to make the switch, before making a business transition is responsible for the payment of the debt point to the Social Insurance.

2. For businesses that do sell and do not inherit debt: It is preferred to use the proceeds when making a business sale to pay the business of the business to the Social Insurance agency.

3. For businesses that are in operation, have made the transition, the payment of the Social Insurance debt made by the rule of law.

What? 16. Processing of the debts payable by organizations, individuals

1. The business has a decision to switch, before making the switch that has to pay an end to the debt-to-term debt point, the overdue for the creditor is the organization, the individual within and outside of the business. The business case with unpaid unpaid debt must have a written pledge of debt and is approved by the creditors or the business has the need to raise additional capital, the debt restructuring and approved debt holder is turned into a stake in the shifting business. In exchange, it must be ensured that the laws of the minimum number of shareholders and the right to buy shares were first in the business of the stock.

2. For businesses that are in operation, which have made the transition, the payment of the debts must be paid in accordance with the rule of law.

What? 17. Enterprise processing is unlikely to pay debt

The business has a long-term major loss business, which has been reorganised in production but still does not have the ability to pay the debts that the owner has the right to decide to sell the business or conduct bankruptcy according to regulation. of the law. Where it is necessary to continue to remain active, the business must build a debt-payment, bad debt treatment, an effective business method with a competent authority or owner. The industry regulator, the Provincial People ' s Provincial Committee has the authority to decide to adopt the necessary measures aimed at restoring the ability to pay debt to the limit and business activity of the business; the case beyond jurisdiction must report the Prime Minister view. It's a decision.

Chapter IV

MANAGEMENT AND HANDLING OF DEBT AT ENTERPRISES

STATE CAPITAL

What? 18. Management and debt processing must be obtained, payable at state capital businesses.

The management and handling of the debt of state-owned enterprises on the basis of regulation at this decree is implemented through the Representative.

In state-owned enterprises, the Representative is responsible for implementing the direction of the owner of the owner to propose, denking the state-owned enterprise that performs debt management, which handles the debt under regulation at this decree.

What? 19.

1. The representative is authorized to exercise the right, the responsibility of the owner of the state to comply with the law; perform the right task of being handed over by the owner of the state; perform periodic reports or at the request of the owner on the governance situation. the business of the business has a state capital; report in time to the owner when the business does not guarantee the ability to recover and pay the debt, which operates a loss business, does not complete the target, the mandate due to the owner of the transaction or the violations. The rules of this decree are different.

2. The case does not report in time to the owner of the business ' s debt management situation when the business does not guarantee the ability to recall and payment of debts, the agent will be dismissed as the case of an untrue financial situation. The main business of the business from 02 or more; if not a timely report to the owner so that the owner to have a solution to the resolution leading to the loss of the business is liable to the owner and before the law.

Chapter V.

THE RIGHT, THE RESPONSIBILITY OF THE MINISTRIES,

THE PROVINCIAL PEOPLE ' S COMMITTEE

What? 20. Rights, the responsibility of the Department of Industry Management, the Provincial People ' s Committee

1. Practice its rights and responsibilities within the functional range, the mandate under the provisions of the law. Regularly organizing oversight, inspection, evaluation of the debt of the parent company of the state economic conglomerate, the parent company of the state corporation, the LLC a member of the Department of Industry, the Provincial People's Committee, decided to become a member of the government. Or we can get to the manager. The case found the company difficult to recover and payment of debts, the Department of Industry Management, the Provincial People's Committee requested, and directed the company to submit a proposal to overcome and report the authority to review, decide.

2. Directed by, the board of directors, the Chairman of the Board of Directors (Chairman of the Company), the Director General (Director) of the business that enacted the business management Regulation of the business in accordance with Regulation 1 Article 4 of this decree.

3. The Director of the Representative performs the voting, deciding on matters relating to debt management work, handling the debt at the shareholders of the Eastern Council or the Board meeting in the state-owned enterprise.

4. Ask the Representative to oversee, regularly check and report periodically or break down the debt management situation, process the debt at a state-funded business; there is a timely direction when these businesses do not guarantee the ability to recover and bar the debt. The debt.

5. periodically before March 31 every year, the combined report, analysis, assessment of the situation of the adjacent year 's debts of the state economic conglomerate, the state company' s total company, the LLC a member, the state that has the state ' s capital. due to the Ministry of Management, the Provincial People's Committee decided to form or be entrusted with, sending the Ministry of Finance to sum up the Government report.

What? 21. Rights, responsibility of the Treasury

1. Host the research, construction to report the Government of the Government on the management of the business; guidelines on monitoring of the oversight, evaluating the ability to pay the debt of the business; instructs the regime to extract and use the debt bills that must be difficult to obtain.

Co-ordination of participation with the Department of Industry Management, the Provincial People 's Committee in the monitoring, inspection, evaluation of debts of the state economic conglomerate, the state company total, the LLC a member is due to the Department of Industry Management, the People' s Commission. The provincial government decides to form or be delivered.

3. The annual valuation of the Government report on the situation of the debt of the business.

Chapter VI

EXECUTION CLAUSE

What? 22.

The decree has been in effect since 1 February 2014 and replaced the Protocol No. 1. 69 /2002/NĐ-CP July 12, 2002 of the Government on Management and Debt Processing for state-owned enterprises.

What? 23. Accountability and execution

1. Chairman of the Board of Members (Chairman of the Company) the parent company states at the Point A 1 Article 2 of the provisions stipulated at this decree and the relevant legislation to enact the Enterprise Debt Management Regulation in the 90-day period since the date of this Decree. The execution force.

2. The base parent company stipulated at this decree and the relevant legislation to enact the Debt Management Statute to the parent company held by the parent company that holds 100% of the charter capital.

3. Ministers, Chairman of the Provincial People ' s Committee and Chairman of the Board of Members, Chairman of the Company, General Manager, Corporate Director led by the State held 100% of the charter capital and authorized Representative for the portion of state capital invested in the business. I am in charge of this decree.