IT ' S SMART

The direction of financial regime towards microfinance organization.

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Corporate Law Base November 29, 2005;

The Law School of Credit: June 16, 2010;

Base of Protocol 57 /2012/NĐ-CP on July 20, 2012 of the Government on the Financial Regime For Credit Organizations, Foreign Bank Branch;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government Regulation, mandate, authority, 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 microfinance organization.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information instructs a number of financial institutions to the microfinance organization in Vietnam.

The financial activity of the microfinance organization implemented under the provisions of the Law of Credit organizations June 16, 2010 (in this information called the Law of Credit organizations); the Digital Protocol (s). 57 /2012/NĐ-CP The July 20, 2012 Government of the Government on Financial Mode for Credit organizations, the foreign bank branch (in this information is called the Digital Protocol). 57 /2012/NĐ-CP); Specific guidance content at this Smart and other financial management legislation is relevant.

What? 2. Subject applies

This information applies to the microfinance organization in Vietnam established, organized, and operates under the provisions of the Law of Credit organizations.

Chapter II

SPECIFIC REGULATION

What? 3. Microfinance organization Capital

1. The equity.

a) the charter capital.

b) Deviation Rates on the rule of law.

c) The deflation reassessment of the asset is the difference between the record value of the asset with the value reassessment of the property when the state decision is made.

d) The reserve funds supplement the charter capital, the investment fund development fund, the financial reserve fund.

e) undistributed profit.

g) Other capital is legally owned by the microfinance organization under the rule of law.

2. Capital mobiles under the forms.

a) Take the money sent by the Vietnamese under the following forms:

-Mandatory savings by microfinance organization.

-The organization's deposits and individuals include the voluntary deposit of the microfinance client (minus the deposit for payment purposes).

b) The capital ' s capital loans, financial institutions and individuals, other domestic and foreign organizations according to the rule of law.

c) which receives the mandate for capital loans under the programs, projects of the Government, of the institutions, individuals in the country and abroad.

What? 4. Use of Capital, Property

1. The microfinance organization is responsible for managing, using, tracking the entire assets and existing capital, carrying out the accounting of the existing accounting regime; the full, accurate reflection, timely situation of use, the volatility of capital and assets in the process. Business; attributo the responsibility and form of each department, individual to each case of damage, loss of property, capital of microfinance organization.

2. The microfinance organization is used as active capital to serve business operations under the provisions of the Law of Credit Organizations, Numbers Decree No. 2. 57 /2012/NĐ-CP and the specific guidelines at this Smart follow the principle of ensuring safety and capital development.

a) Throughout the course of operation, business production, microfinance organization must ensure the maintenance of construction investment limits, fixed asset procurement directly to business operations in principle: the remaining value of the fixed asset is not limited to the value of the business. exceeded 50% of the charter capital and the supplemated reserve fund for microfinance organization.

b) For the estate of the property held due to the disposal of the borrower by regulation at paragraph 3 Article 132 Laws of credit organizations:

-For real estate estate organization microfinance that holds temporary hold for sale, transfer to capital recovery, microfinance microfinance organization that increases property, does not make the depreciation of depreciation.

-For real estate assets acquired by microfinance organization to direct service to business activities, financial institutions microfinance increased property, implement depreciation of the law by law and ensure the investment limit of construction, purchasing, and purchasing power. It ' s a fixed property that ' s defined by the regulation of these two things.

c) The microfinance organization implementing capital safety guarantees under the regulation at Article 8 of the Digital Protocol (s). 57 /2012/NĐ-CP . The extracts of the reserves in the cost, the microfinance organization implemented under the following specific regulation:

-For the risk reserve in banking operations, the microfinance organization performs the appropriation and use of the risk reserve under the regulation of the Governor of the State Bank of Vietnam after unification with the Minister of Finance.

-For the project to reduce inventory price, project losses of long-term investments, the project must be difficult to obtain (in addition to the risk reserve in banking operations): microfinance organizations that implement joint-regulatory appropriation in accordance with applicable general regulations. Business.

d) For rent, mortgage, asset holding: The microfinance organization is entitled to lease, mortgage, property of the microfinance organization under the provisions of the Civil Code, the Law of Credit Organizations and other provisions of the effective assurance law, Safe and secure.

For rental properties, microfinance organizations are responsible for managing, preserving, or using an agreement with the customer in accordance with the law.

e) Seller, asset liquation:

-The concession, the asset liquation of the microfinance organization implemented by the rule of law and regulation at the Charter of the microfinance organization.

-The microfinance organization is franchisable to recover the capital used for business purposes more effectively.

-The microfinance organization is liquorated with poor assets, loss of dignity; damaged property is unlikely to recover; technical backward assets do not have the need for use or inefficient use and cannot be ceded to the status; the assets have been used. It exceeds the time of use by regulation that cannot continue to use. When the asset's liquing, the microfinance organization must form the Council of liquoration.

-For legal assets that are required to sell auction when the concession is sold, liquing, the microfinance organization must be held at auction in accordance with the rule of law.

What? 5. Revenue Management

1. The revenue of the microfinance organization includes the regulatory revenues at Article 15 of the number. 57 /2012/ND-CP, specific:

a) From business activity, services include:

-Income from credit operation: Earnings from deposit, profit from credit-grade operations, and other income from credit activity.

-Revenue from service activity includes: revenue from the capital loan trust service, obtained from the supply of procurement, spending and money transfer to the microfinance client, obtained from financial consulting services related to the field of microfinance operations, obtained from the company. Insurance service agent.

-Revenues from the prescribed rate differential at accounting standards and the provisions of the existing law.

-Income from other business activities, including: income for asset rental, revenue from other business operations under the operating license.

b) Other than:

-From the sale, fixed asset liquation.

-The loan from the loan has been handled by the risk reserve (including debts that have been deleted now).

-The debt that has to be paid has lost its owner or failed to determine the creditless debt holder.

-Collecting a customer's fine, the pay-free customer due to the breach of the contract.

-The insurance money is compensated.

-The tax collection has now been reduced, to be reimbursable.

-Prevarable income for financial risk-based extracts (the number must be lower than the number of quotation) but does not record the cost under the law of the risk-to-risk extraction.

-Revenue from unreimbursable funding for development programs, activities of microfinance organization.

-Other revenues.

2. The principle of recording revenue.

a) Earnings from a credit-level operation: a microfinance organization that uses interest rates to be born in the income to income on eligible debts is not to extract the specific risk room according to the regulation. For the amount of interest to be collected during the period of the remaining debt, it is not the income accounting, the microfinance organization that monitors the foreign pound to be collected, when it is obtained, the accounting is in the revenue of the business.

b) The amount of interest to be collected in the period.

c) Revenue from receiving unreimbursable funding for development programs, the activities of microfinance organization: is the amount of money that proceeds at the time of the funding receive.

d) For revenues from the remaining operations: the revenue is the full amount of product sales, goods, services supply to the customer acceptance of the payment after subtracting (-) the trade discount, the discount of goods sold, services and values. The sale is returned (if the valid certificate) does not distinguish or have not obtained the money.

In terms of revenue receivable income, the income term is not obtained, and the financial institution microfinance reduces the revenue if the same accounting or accounting is at the expense of the accounting or accounting, with the exception of accounting and foreign tracking. -Yeah. When we get it, the math is in the business.

3. The revenues of the microfinance organization arise during a valid invoice or certificate and must be fully accounted for in the revenue.

What? 6. Cost Management

1. The cost of the microfinance organization includes the provisions stipulated at Article 16 of the number. 57 /2012/NĐ-CP . A number of microfinance organizations implement the following guidelines:

a) Chi for business activity:

-Chi for credit operations: deposit payments, loan payments, and other expenses for credit-level operations.

-Chi for banking service business: spend on the service receiving trust of capital loans; the cost of capital trusts; the cost of the procurement, spending and money transfer to the microfinance client; the genus for operations as a maintenance service provider. The cost of financial services is related to the field of microfinance.

-The prescribed rate arbiter at accounting standards and the provisions of the existing law.

-Chi for another business.

b) Pay taxes, fees, fees including taxes, fees, fees associated with land rent (excluding corporate income tax) as prescribed by law.

c) Chi for the property:

-The fixed asset depreciation genus used for business operations performed by management mode, use and extract fixed asset depreciation on the business.

The case of purchasing a fixed asset slows: the financial institution microfinance the difference between the total amount of money must pay and the purchase price is fixed at the expense of the payment term, except that the difference number is calculated at the principle. fixed assets (capitalization) as defined by accounting standards.

-Fixed Asset Lease: The fixed asset lease costs are made under the lease contract. The case pays property rent once for many years the rent is allocated gradually to the cost of business by the number of years of use of the property. For land lease-related expenses that are not subtracted from the prescribed rent, the microfinance organization performs the allocation at the cost over time of use of the lease land.

-Maintenance, fixed property repairs.

-Shopping, tooling tools.

-Property insurance.

d) Chi for employees in accordance with the rule of law, including the following:

-The salaries, the wages and the payout.

-Food donations: Social insurance, health insurance, unemployment insurance, corporate funding.

-The cost of the loss of employment to the employer by the rule of law on the business.

-To buy human accident insurance.

-The diet.

-Protective spending on subjects who need to be covered in labor while working.

-Jewelry trades for employee cadres working in the microfinance organization under a regulatory regime.

-Chi-Chi rules for female labor.

-The medical genus includes recurring medical expenses for the worker, the purchase of the prevailment and other medical expenses of the business as prescribed by the existing law.

-The annual vacation spending by law.

-Other expenses for employers by law.

Chi for management operations, business:

-Cost expenses.

-Pay for electric, water, telephone, materials, printed paper, stationing, printing documents.

-The fund's business.

-Counseling, expert and foreign.

-The audit.

-Coaching, training increased capacity for cadres, employees; including community training and customer training expenses in microfinance.

-Pay for your partner under contract or agreement between parties.

-The commission of the commission, the mandate must be represented in the contract, which is valid, valid, valid.

-Details of the fund development of science and technology under the rule of law. The use of the fund is in accordance with the current regulation.

-Research in science and technology: the cost is missing after the end of scientific and technological development.

-Improved Initiative initiative, increased labor productivity, reward cost savings: in accordance with the principle that is consistent with the actual effect of return; microfinance organization must build and publically publically publish initiatives and set up the Council to implement it. It's an initiative.

-It's a fire department.

-For environmental protection.

-Organ protection.

-New disclosure details, advertising propaganda, marketing, marketing, foreign exchange, conference costs and other costs according to the regulatory regime and must have invoicing or evidence from the Department of Finance, tied to the business outcome of the organization. Microfinance.

-The cost of environmental commissions: The environmental spending of the microfinance organization has to be tied to economic efficiency due to the reintroduction of the brokerage. The finance base microfinance organization instructs the brokerage commissions of the Ministry of Finance, its specific conditions and characteristics to build the regulation of the unified and public-imposed brokerage commission in microfinance organization. A member council or General Manager (Director) of the microfinance organization approx the regulation of the brokerage commission applied in its unit.

The subject of a brokerage commission is the organization, the individual (in and outside of the country) as the brokerage service for the microfinance organization. Brokerage commissions are not applied to subjects who are agents of microfinance organization, designated clients, management titles, employees of microfinance organization.

The cost of the rose is based on the contract or confirmation between the microfinance organization and the recipient of the brokerage, which must have basic content: the name of the rose; the contents; the extent; the method of payment; the time. The execution and the end; the responsibility of the parties.

For an asset's expense to lease assets (including debt-to-debt assets, debt assignments): brokerage spending to lease the assets of a maximum microfinance organization no more than 5% of the total proceeds from the property rental operation brought in by the brokerage for the year.

For the cost of the asset selling the collateral, the pledge: The level of the price of the broker selling the collateral, the currency of the microfinance organization does not exceed 1% of the actual value obtained from the sale of property through the brokerage.

e) Risk prevention: Deposition in the operation of microfinance organization under the regulation in paragraph c, paragraph 2 Article 4 This information.

g) The cost of participating in the conservation organization and the insurance coverage under the rule of law.

h) Other:

-The cost of the trade in and outside of the country that the microfinance organization participated in a fee led by these associations.

-Chi for Party work, the body at the microfinance organization (the expense of the party organization, the body is derived from the specified source).

-The cost of the payments went up, but the actual uncollected and unaccounted for sales.

-The debts must be paid, determined to lose the owner and the accounting into the income but then determine the creditor.

-The cost of the sale, liquing the asset (if any) includes the remaining value of the fixed asset liquorated, franchisable.

-Cost of repayment of debt repayment to organizations is allowed to carry out debt repayment services by law; spend on the recovery of deleted debts, the cost of the return of bad debt.

-Expenses pay due to administrative violations; fines, compensation due to the violation of the economic contract of the microfinance organization.

-For the repayment of deleted debts, the cost of recovering bad debt.

-Treatment of the remaining asset losses after compensated by the prescribed sources at Article 11 of the Census of Numbers. 57 /2012/NĐ-CP.

-Chi for social work includes funding for health care, education, funding for the remediation of disaster consequences, care spending, support, improved euthanation for poor households and other expenses as prescribed by law.

-The cost, the probation.

-Different.

2. The principle of recording costs.

a) The cost of microfinance organization is that the expenses have to spend actual spending on the business-related period.

b) The costs credited to the business cost of the microfinance organization must comply with the appropriate principle between the revenue and the cost and obtain sufficient bills, the legal evidence under the rule of law.

3. The microfinance organization is not charged at the expense of the following:

a) The expenses are not related to the business activities of the microfinance organization.

b) The expenses are not valid.

c) The fines on administrative violations by which individuals must submit to the provisions of the law include: The breach of the traffic law, the violation of the business registration regime, the violation of the statistical accounting regime, the violation of tax laws and administrative violations of the law. It's different

d) The sums of fission were spent, but the reality didn't pay.

There are other unreasonable expenses.

What? 7. The accounting currency

The identification of the accounting currency follows regulation at Article 18 of the number. 57 /2012/NĐ-CP.

Microfinance organizations that have economic activities that arise in foreign currency have to rule out the Vietnamese in accordance with the rule of law.

What? 8. Accounting mode, statistics, audits, report and financial public.

1. The microfinance organization implemented an accounting regime under the rule of law, full testimony from the original, updated accounting and full reflection, timely, honest, accurate, objective, financial, financial, and financial activities.

2. The financial year of the microfinance organization began on 1 January and concluded on December 31, calendar year.

3. The microfinance organization performs the financial decision and fully approves of the regulatory regulations and sends financial statements to the State Bank of Vietnam by regulation.

The Chairman of the Member Council or General Manager (Director) of the microfinance organization is responsible for the accuracy, the integrity of these reports.

4. Content, deadline to send financial statements:

a) Financial Reporting.

The financial reporting system of the year, financial reporting between the annuation, accounting reports and the deadline to send the report: the microfinance organization implemented under the regulation of the State Bank of Vietnam on the financial reporting regime for credit organizations.

b) The results of the annual financial reporting audit results: The microfinance organization that sent the Financial Report of the Year was auditated with the conclusion of the independent audit organization immediately after the end of the audit.

c) Breakthrough Report: At the request of the governing body.

5. Where to receive the report:

a) The microfinance organization sends financial statements to the State Bank branch of Vietnam where the microfinance organization is headquartered and the State Bank of Vietnam (the Bank of Vietnam).

b) Microfinance organization to report results of annual financial reporting audit results to the Bank of Vietnam and the Ministry of Finance.

What? 9. Check out the financial breach

1. Financial check.

a) A form of financial examination.

The financial examination performs in the following forms:

-A recurring or recurring financial check.

-Check every subject at the request of financial management.

b) The Agency for the examination of the financing.

-The State Bank is responsible for inspection, inspection, comprehensive monitoring of the operation of microfinance organizations including financial activity; informed the Ministry of Finance of the violations, the entangery involved in the implementation of the financial management regime. It was discovered during the inspection, inspection, supervision for the Ministry of Finance to coordinate and complete the policy.

-The Treasury Department follows the regulation of the existing law on the inspector; examine the issues relating to financial management and the acceptance of the financial regime of the microfinance organization to serve the complete work of the financial management mechanism. It is for microfinance organizations; it informs the State Bank of Vietnam to result in inspection, to coordinate treatment.

2. Process violation.

The microfinance organization violates the financial regime, the state's financial reporting regime will be subject to the rule of law.

What? 10. Management agency

1. The Ministry of Finance, the State Bank performs its responsibilities under regulation at Article 34, Article 35 of the Digital Protocol. 57 /2012/NĐ-CP.

2. The quarterly periodic, the State Bank of the State Bank is responsible for informing the Ministry of Finance of the financial situation of microfinance by regulation at 1 Article 35 Digital Protocol. 57 /2012/NĐ-CP specific to the following instructions:

a) The number of microfinance institutions.

b) The total number of charter capital, equity of microfinance institutions.

c) The total assets have and the safety rates in the activity of microfinance institutions.

d) Total debt, total capital mobiles, the bad debt ratio of microfinance institutions.

The total number of profits and the number of microfinance institutions is not lost; the total number of holes and the number of microfinance organizations operating the hole.

e) The number of state budgets of microfinance institutions (divided by taxes, fees).

g) violations of the financial regime of microfinance institutions detected during the inspection, monitoring.

h) The headlines, the other content that is relevant.

Chapter III

THE ORGANIZATION.

What? 11. Organization to execute

1. This message has been in effect since 25 February 2013.

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