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Circular 42/2008/tt-Btc: The Guide Of Some Articles Of The Regulations For The Supervision Of State Enterprises Losses, Trading Operations No Effect Attached To Decision No. 169/2007/qd-Ttg Dated N. ..

Original Language Title: Thông tư 42/2008/TT-BTC: Hướng dẫn một số Điều của Quy chế giám sát đối với doanh nghiệp nhà nước kinh doanh thua lỗ, hoạt động không có hiệu quả ban hành kèm theo Quyết định số 169/2007/QĐ-TTg n...

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Circulars of some articles of the regulations for the supervision of State enterprises losses, trading operations no effect attached to decision No. 169/2007/QD-TTg dated 8/11/2007 the Prime Minister's implementation of decision No. 169/2007/QD-TTg dated 08/11/2007 by the Prime Minister on regulations for the supervision of State enterprises lost business hole, the operation has no effect, the Ministry of finance instructed some of the content on surveillance for SOE operational losses, business is not as effective as follows: 1. scope 1.1 applicable objects. This circular applies to state-owned enterprises 100% prescribed in article 2 paragraph 1 of the regulations for the supervision of State enterprises losses, trading operations no effect attached to decision No. 169/2007/QD-TTg dated 08/11/2007 of Prime, (hereinafter referred to as the regulations for the supervision of State enterprises business losses) fall into one of the following cases: a) the business at a loss two years ago to make the monitoring;
b) before performing monitoring, business losses and loss from 30% equity;
c) between business 2 years in a hole in the interest rate, in that before performing the monitoring business losses;
d) with liquidity due to the debt is under 0.5.
1.2. The State enterprises operating in the fields of finance, banking, insurance, securities not subject to application of this circular.
2. the surveillance reports criteria include the norms prescribed in article 4 paragraph 1 of the regulations for the supervision of State enterprises doing business unprofitable, specifically as follows: 2.1. Output, output value of products, goods and services mainly the production, consumption, inventory: statistical report quarterly base, years of business to set up the report.
The yields of products, goods and services: businesses to report only those products, mainly goods in major business and industry are currently wrestling is tonnes, KWh,.........
The value of output of products, goods and services: computer for the entire production and business activities of the enterprise.
2.2. business turnover, other revenue: revenue targets and other income are identified in the report the results of business activities (B02-real attached to decision No. 15/2006/QD-BTC dated March 20, 2006 by the Minister of finance regarding the issuance of enterprise accounting mode) includes net revenue on sales and provision of services (code 10) + Business financial operation revenue (code 21) + other income (code 31).
2.3. cost of sales activities, other activities, salary costs, the depreciation of fixed assets, the cost of paying interest on the loan, the Business Manager: Is the entire actual costs incurred in the reporting period under the provisions of the law, in detail the costs of salaries, depreciation of fixed assets , the cost of paying interest, corporate management costs and other expenses.
2.4. The profits made and the rate of profit made on the State capital: a) the profit made: includes net profit from trading activities and profits are identified in the report business result code 50 (B02-GOV'T issued decision No. 15/2006/QD-BTC dated March 20, 2006 by the Minister of Finance).
b) state capital in enterprises will be determined at the balance Sheet (form No. B01-GOV'T issued decision No. 15/2006/QD-BTC dated March 20, 2006 by the Minister of Finance) including: owner's investment capital (code 411), development investment Fund (code 404), investment capital construction (421).
c) rate of profit made on the State capital is calculated by the ratio between the profits made in comparison with the average of the five State capitals of business, among them, the average state capital in the year of the enterprise is determined by the overall balance of the last state capital each quarter divided by 4.
2.5. Effective use of capital and assets a) effective use of capital: evaluation through norm determines the level of conservation of State capital in enterprises, in particular:-the level of conservation which is determined by the coefficient H: H = (value of assets-liabilities)/in it : + the value of the property: code 270 on the balance Sheet.
+ Payable: code 300 on the balance Sheet.
+ State Capital: defined in the accounting balance sheet (form No. B01-GOV'T issued decision No. 15/2006/QD-BTC dated March 20, 2006 by the Minister of Finance) including: owner of capital owned (code 411), development investment Fund (code 404), investment capital construction (421).
If the coefficient H > 1 has grown to be capital; H = 1 preserves capital and if H 1chưa preserves capital < (use is not effective).
b) effective use of the property: is valued at the following criteria-ratio using real capacity than the design capacity of the property.
-The total value of assets, supplies and stagnant, poor product, not to be used, pending liquidation, including: + fixed assets;
+ Supplies the goods.
-The rate of asset value, stagnant supplies, poor product, not to be used, pending liquidation compared with the value of the property management business, use.
-The total value of the basic construction investment in the period.
-The value of the new fixed assets increased in the period.
-The ratio of the value of fixed assets increase in value compared to the basic investment in the period.
-Coefficient of lucrative assets: H = the total profit before tax/total assets value of which: + Total profit before tax: 50 code on the report business results.
+ Total asset value: code 270 on the balance sheet.
2.6. Debt and a debt payment capability) payable to:-the total amount of the loan must be paid in the time of the report.
Where: + Loans banks and other credit institutions in the country;
+ Foreign Loans;
+ Other Loans.
The use of borrowed money: + On business activities;
+ Capital construction investment;
+ Invest out of businesses, which buy shares, bonds.
-Total debt was charged in the period in which the pay and bank + credit institutions in the country;
+ Charged;
+ Other loan repayments.
Total debt also is charged to the end of the reporting period: in which long-term Debt +;
+ Short-term debt;
+ Long term Debt is unpaid.
b) debt payment capability of the enterprise-number the current solvency (Hht): Hht = short term assets (MS 100 BCĐKT)/short term Debt (MS 310 BCĐKT) short term assets include cash and cash equivalents, financial investments, receivables, inventory and other short-term assets minus (-) the debt is recovered , stagnant property values, less loss of quality.
If the Hht, enterprises no 1 < liquidity current short term debt; Hht, businesses fall into 0.5 < interface to perform surveillance.
Solvency coefficient (Hn): Hn = {Money, equivalent amounts of money (MS110BCĐKT) and the short term financial investments (MS120BCKĐT)}/short term Debt (MS 310 BCĐKT) If Hn, enterprises no 1 < solvency quickly.
2.7. The management and administration of the Board, General Director, Director: a) The decision of the Board, General Director (Director) in the States of:-operations;
-The investment out of business;
-Borrow, repay;
-The major contracts signed in the period.
b) observance of the law: to oversee the evaluation and submit the report to the competent authorities under the provisions of:-the financial settlement, made under the provisions of circular No. 161/2007/TT-BTC on December 31, 2007 of the Ministry of finance;
-Monitoring reports and reviews the performance of State-owned enterprises, implementation of circular No. 115/2007/TT-BTC on 25/09/2007 of the Ministry of finance guidelines decision No. 224/2006/QD-TTg dated 06/10/2006 of Prime.
-Monitoring reports state enterprises poor business performance, follow the regulations of State Enterprise supervision less effective business attached to decision No. 169/2007/QD-TTg dated 8/11/2007 by the Prime Minister and the circulars of the Ministry of finance.
2.8. Data reporting according to the norms for enterprises which financial statements have been audited by the State agency or done testing, inspections, the monitoring reports are retrieved according to the audited or examined, inspected. Case of financial statements have not been audited or examined, inspected the monitoring reports are retrieved as of corporate financial reports. General Manager, Enterprise Manager is responsible for the accuracy, the integrity of the figures reported.
3.3.1 monitoring methods. For business: a) quarterly monitoring reporting year, according to the norms stipulated in the appendix to this circular. In addition, monitoring reports, metrics need to focus the analysis, evaluation of business activities in the period of the business on the following issues:-the situation in manufacturing, inventory consumption of products goods and services. The cause of the increase, rising consumption goods;
-The situation and effective construction investments and investment out of business;
-The management of the business and production costs, including technical analysis on the implementation of the technical-economic norms, norms of labour, business management costs, the costs of the transaction;
-The loan and repayment, debt collection work.
b) reported by business Members Of the company State sent to the Corporation.
c) reported independent State company, parent company Of the company sent to the owner or The management of the industry, the provincial people's Committee and the financial bodies of the same level.
d) time reports:-for business membership Corporation, subsidiaries, independent companies: report of 20 days from the end of the quarter, 40 days after the end of the year.
-For the Corporation, the parent company: slow quarter report for 45 days from the end of the quarter, 60 days after the end of the year.

DD) State enterprises losses, business operations are not effectively implementing monitoring according to the provisions of this circular, and supervise in accordance with circular No. 115/2007/TT/BTC dated 25/09/2007 of the Ministry of finance instructed some content about monitoring and assessing the performance of State enterprises attached to decision No. 224/ 2006/QĐ-TTg dated 06/01/2006 of Prime.
3.2. For the representative of the owner: a) through business monitoring report chaired and coordinated with the same level of financial authority to conduct reviews, analysis of causes:-production, consumption, goods inventories increased, decreased compared to the previous year;
-Implementation of the technical-economic norms, norms of labour in production and business;
-Loans, loan repayment ability and maturity;
-The management and administration of the business of the Board (if the business has a BOM), ceo (Director). On the basis of reviews, analysis, recommendations for corrective solutions.
b) chaired and coordinated financial bodies of the same level to check the business determine:-truthfulness, accuracy of data, quarterly monitoring report, the year of the enterprise;
-Implementation of the recommendations of the owner on overcoming the hole for business when monitoring implementation;
-Propose solutions to overcome after checking business.
-Businesses must be included in the list of monitoring, enterprise was taken off the list of monitoring.
c) basing financial reports, monitoring reports of the business and results monitoring, reviews, before March 30 annually defined list of business losses, operating results are included in the list of monitoring, enterprise was taken off the list of public monitoring by text send financial bodies of the same level and the business.
3.3. for financial institutions: in collaboration with the representative of the owner the same level reviews, analysis of quarterly monitoring report, the year of the enterprise; join business checks and monitoring business listings business less effective are included in the list of monitoring, enterprise was taken out of the surveillance list to represent the owner notified under the provisions of this circular.
4. Handling violations processing for business and for the Manager, corporate executives: made under article 6 of the processing enterprises in an oversight by monitoring regulation attached to decision No. 169/2007/QD-TTg by the Prime Minister.
5. enforcement of the provisions of this circular in force enforced after 15 days from the Post Gazette, the previous provisions contrary to this circular are repealed. In the process, if there are difficulties and obstacles, suggest levels, which reflect the time on the Finance Ministry to consider resolution./.