Decree on the financial regime for credit institutions _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law of credit institutions number 02/1997/QH10 on 12 December 1997;
According to the recommendation of the Minister of finance.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulated financial regime for credit institutions are established, organized and operating under the provisions of the law on credit institutions.
Article 2. Financial management principles 1. The credit institution's financial autonomy, self responsible for operations, service and its commitments under the provisions of the law.
2. credit institutions must make financial publicity.
Article 3. Chairman of the Board, General Director (Manager) of the credit institutions is responsible before the law, before the State Management Agency regarding the observance of the financial regime, accounting, and auditing of credit institutions.
Article 4. The Ministry of finance function in financial governance for credit institutions, the instructions and check the implementation of the fiscal regime for credit institutions in accordance with the law.
Chapter II MANAGEMENT and the USE of CAPITAL PROPERTY, article 5. The capital operation of credit institutions include the following sources: 1. the Charter capital;
2. Capital assets procurement and construction by the State level (if any);
3. The difference due to the revaluation of assets, the difference in rates;
4. The additional reserves fund capital, a business development fund, reserve fund, Reserve Fund financial assistance job loss, the reward Fund, a welfare fund;
5. Profit to be leaving yet allocated to the Fund;
6. Working capital loan under the form of deposits of individuals, organizations, release of valuable papers loan credit organizations, foreign and domestic, State Bank loans;
7. other Capital in accordance with the law.
Article 6. During the operation, the credit institution must ensure to maintain capital levels not lower than the actual level of capital due to government regulations for each type of credit institutions. When there is a change of capital, credit institutions to publicize the new capital.
Article 7.
1. Credit institutions are used which works to serve the business under the provisions of the law on credit institutions, ensure safety and development capital. When using capital, funds for construction, procurement of fixed assets, credit institutions used only 50% of capital letters and to the full observance of the provisions of the State on investment management and construction.
2. the credit institution is entitled to change the capital structure, the property serving for the development of business activities.
3. The movement of capital, assets between subsidiaries of credit institutions by the Director-General (Director) made on the basis of the scheme was approved by the Board.
Article 8.
1. Credit institutions are using the Charter capital and Reserve Fund for capital contribution, purchase of shares of the enterprise and other credit institutions in accordance with the law.
2. The Management Board of the credit organization decide which projects, purchase of shares, a joint venture with domestic economic organizations, but not exceed the maximum prescribed by the State Bank.
3. in case of capital contribution, purchase shares, venture with foreign investors, the Chairman of the Management Board of the credit organization the Governor State Bank approval.
Article 9. Credit institutions are responsible for implementing the regulations on the safety of capital operation as follows: 1. Perform the correct management mode, use of capital assets in accordance with the law on credit institutions and this Decree.
2. Maintain a sufficient rate of safety in the operation of the credit institution in accordance with the law.
3. Buy property insurance under the provisions of the law.
4. Participate in deposit insurance or security deposit to protect the legal rights of depositors, contribute to maintaining the stability of the credit organization.
5. Be accounted into the costs of business activities the following reserves: a) risk prevention in the activities of credit institutions. The levels of extract and use the reserves to handle the risks of banking operations by the Governor of the State Bank regulations after reunification with the Minister of finance;
b) discount backup inventory;
c) reserve stock price drops.
Article 10. Inventory, revaluation of assets 1. Credit institutions must take inventory, revaluation of assets in the following cases: a) inventory, revaluation of assets periodically and at the end of the financial year. Determine the exact number of excess property, missing, the situation of debt, overdue, owed not recovered; determine the cause and responsibility of handling;
b) inventory, revaluation of assets as determined by the competent State agencies;
c) capitalization or diversification of the forms of ownership;
d) Using the assets to the venture, equity contribution or withdraw when the joint venture termination activities.
2. The inventory, revaluation of assets must be in accordance with the provisions of the law. The fare increase or decrease the value by the revaluation of properties are increased or decreased capital accounting of credit institutions.

Article 11. Credit institutions make depreciation of fixed assets according to the provisions as to the business. Credit institutions are using the depreciation of fixed assets for alternative investments, fixed assets renovation and use for other business requirements as prescribed by the law.
Article 12. When losses of property, credit institutions must determine the cause, accountability and process are as follows: 1. If the assets lost due to the fault of the individual and the collective, the individual and collective cause must indemnify under the provisions of the law.
2. If the property insured shall handle under the insurance contract.
3. use of the reserves was created in order to offset the costs according to the provisions of the law.
4. The value of losses after it was offset by compensation of the personal, collective, of the insurance organization and the preventative use of excerpts in the costs, if lack is compensated by the financial reserve fund of credit institutions. The case of the financial reserve fund was not enough to offset the missing part was to cost accounting irregularities in the States.
Article 13.
1. Credit institutions are for rent, mortgage, pledge the assets under the management of the credit institution according to the principles of effective, safe and grow capital under the provisions of the civil code and the provisions of the law.
2. When credit institutions for rent, mortgage, pledge the assets in technology related to the professional activities of the system, then the Bank must be agreed in writing.
Article 14.
1. Credit institutions are ceded to sell the property to recover the capital used for business purposes more effectively. For those assets in technology related to the professional activities of the system, when it ceded the selling Bank must be agreed in writing.
2. Upon sale of property alienation, credit institutions must property valuation and auction held in the case law to auction.
3. The difference between the amount of money obtained by selling the property alienation with the remaining value of the asset sale and the hefty costs of hefty selling of assets are accounted into the business results of credit institutions.
Article 15.
1. Credit institutions are liquidated the assets of inferior quality, property loss, damage or inability to recover; backward technical properties do not need to use or use not effective and not transferable to sell status quo. For those assets in technology related to the professional activities of the system, when liquidation has to be State Bank agree in writing.
2. Upon liquidation of assets, credit institutions must establish the liquidation Board, cases of property liquidation sale is held the auction in accordance with the law.
3. The difference between the proceeds due to the liquidation of the property with the value of the remaining assets liquidation and asset liquidation costs are accounted into the business results of credit institutions.
Chapter 3: revenue, COSTS and RESULTS of article 16. Turnover from trading activities of credit institutions is the amount receivable arising in the period include: 1. Collect from professional activities a) Currency loan interest rates;
b) Currency interest rates of deposits;
c) revenue from leasing business;
d) other Income from credit operations;
DD) Currency of payment services;
e) guarantee fees;
f) service fee funds;
g) charge discount services;
h) Currency other services related to banking activities.
2. Revenue from other activities a) interest Income which buy shares;
b) Currency from the currency market participants;
c) Currency trading foreign currency, gold and silver;
d) Currency services mandated, agents;
DD) Currency insurance services;
e) Currency Advisory Service;
f) revenue from sale of business debt between credit institutions;
g) Collected from rental of property;
h) revenue from other services.
3. Collect completely enter the reserves have been extracted from the cost under current rules; currency of the account, which had been handled by risk prevention; income disparity rates Forex business according to regulations.
4. Other Income.
Article 17. The cost of the credit institution is reasonable to pay expenses incurred in the period, including: 1. The cost for running the business of credit institutions: a) costs are charged interest rates of deposits; the cost of paying interest on the loan; genus banking services.
b) depreciation of fixed assets used for operations and services. Quote level according to the common rules for businesses.
c) salaries, wages and other expenses bring the nature of salary, remuneration to which credit institutions pay for workers, the allowance for people working part-time under the regulatory regime. Salary costs, the wages are based on the rule of law and the labor contract was signed between the credit institution and the employee, but must guarantee the principle: for credit institutions the State salary regimes, public money according to the common rules as for State enterprises.
For other credit organizations, the salary paid to the employee by the Board decided on the basis of the agreement in labor contract between the credit institutions with workers, according to the provisions of the labor code and do not exceed the maximum salary allowed when determining taxable income because the local people's Committee rules.
d) social insurance, health insurance, Union funding which credit institutions are charged according to the rule of law;

DD) genus of services purchased from outside: such as transport, electricity, water, telephone, the material, the printed papers, stationery, tools, labour, repair of fixed assets, fire prevention, consulting, auditing, money to buy property insurance, commissions, broker dealer, trustee and other services.
e) other expenses: tax binge, land use tax or land rent, tax, taxes, charges and other fees.
The cost of advertising, marketing, promotions, reception, foreign, transaction costs and other cost types. Foreseen in the first two years do not exceed 7% of the total costs in the year for new credit organization be established, and the following year not exceeding 5% of the total costs for the year.
Genus labor protection.
Genus retrenchment for laborers according to the prescribed regimes.
Chi for women workers according to the prescribed regimes.
Money eat ca for officers and staff of credit institutions, spending no more than the minimum wage prescribed by the State for State servants.
Genus industry association that credit institutions have participated.
Extract the reserves under the provisions and the costs involved with insurance or deposit insurance premiums as defined in article 9 of this Decree.
Genus reward innovations, material savings award according to the provisions.
The cost of scientific research, research, technological innovation, innovation initiative costs, labor training, improve or enhance capacity management, education support (if any), for the employees of the credit institution according to the prescribed regimes.
Genus protection agency.
Genus fund business.
Expenses on environmental protection. If the number of genera in the great year and take effect in years shall be allocated to the following year.
Genus fines due to breach of contract.
2. The costs of activities of credit institutions include: a) Spent in active trading of foreign currencies, gold and silver.
b) costs for the purchase and sale of stocks, bonds.
c) spent on rent, property rent.
d) Spend a hefty sale, liquidate assets (including the remaining value of the asset and the hefty costs of sale, liquidation).
DD) spent on the venture activities, business, stock capital contribution.
e) spent on the purchase of the debt between credit institutions.
g) costs for the recovery of the debt has been removed, the cost of collecting the fines.
h) Account of losses of property remaining after offset by the sources as specified in point 4 of article 12 of this Decree.
I) The account is another.
Article 18. Credit institutions are not on the cost accounting of business activity the following: 1. The fines that collective, individuals must pay by breaking the law while conducting their duties.
2. expenses not related to business activities of credit organizations as the basic construction investment spending, more difficult for aid workers, support organizations, and individuals.
3. foreign travel Spending exceeded the prescribed limit.
4. expenses due to other funding sources covered: genus, the genus career rewards, benefits, subsidies often difficult, irregular and payments due to other funding sources.
5. no other reasonable expenses.
Article 19.
1. economic activities must be reflected on the books and report in Vietnam.
2. in the case of the economic activity generated in foreign currency, they must convert the Vietnam according to the regulations of the Ministry of finance.
Article 20. Credit institutions perform revenue accounting, costs the right regulatory regime, responsible before the law about the accuracy of the revenues, spending and implement the regulation on mode of invoicing, accounting.
 
 
Chapter IV the PROFITS and EXTRACTED SET UP the FUND, article 21. The profits made during the year was the result of business of credit institutions, including the business operating profit and profit other operations. The profits of the credit institution are defined difference between total revenue receivable minus the total of the expenses are paid reasonably valid.
Article 22. Profit distribution for the State credit institutions: the profits of credit institutions to the State after the corporate income tax according to the provisions of the law, was distributed as follows: 1. Extract additional reserve funds capital 5%, maximum level of this Fund not exceeding the actual capital of the credit institution.
2. Compensation of losses the year before for the losses are not deducted from profit before corporate income tax.
3. Submit proceeds using the State budget.
4. Deduct fines violate the law are the responsibility of the credit organization.
5. Profit after excluding the above, the rest is distributed as defined below: a) financial reserve fund of 10%, the balance of this Fund does not exceed 25% of the capital of credit institutions.
b) Professional Development Fund by 50%.
c) reserve fund subsidised job loss by 5%, the balance of this Fund does not exceed 6 months of implementation.
d) extract of reward Fund, two benefits. Extract the maximum level for both funds are based on the rate of profit (the State capital) as follows: three months of salary is made if the rate of profit not lower than the previous year.
Two months of salary made if the rate of profit this year is lower than the rate of profit the year before.
The Board of the credit organization after consultation with the Organization's Credit Union decided to divide the rate on each Fund.

DD) Of the profit remaining after the excerpt 2 reward and benefits fund was added to fund professional development.
Article 23. Profit distribution for other credit institutions: the profits of the credit institution after the corporate income tax by law are distributed as follows: 1. Establish additional reserves fund capital, compensate losses of previous years, except fines violates the law, as specified in paragraph 1 2 and 4, Article 22 of the Decree.
2. the remaining profit be distributed next as follows: a) financial reserve fund of 10%, the balance of this Fund does not exceed 25% of the capital of credit institutions.
b) reserve fund subsidised job loss by 5%, the balance of this Fund does not exceed 6 months of implementation.
3. The Division of part of the profit remaining after the establishment of the Fund as prescribed in clause 1 and clause 2 of this credit organization to decide.
Article 24. The principle of using the Fund: 1. additional reserves Fund capital used to replenish capital.
2. professional development funds used to expand the scale of business activities and technological innovation of the equipment, working conditions of credit institutions.
Based on the investment needs and the ability of the Fund, the Board of the credit organization form decision and investment measures according to the principles of effective, safe and capital development.
3. the financial reserve fund used to compensate the rest of the damage, damage to property occurring in the course of business after having been offset by compensation of the Organization, the individual causing the loss, the insurance organization and the preventative use of excerpts in costs.
4. Reserve Fund grants to support job loss for workers already working in credit institutions from 1 years or more temporary jobs lost according to the rule of law; genus retraining technical expertise for workers due to changing technology or move on to a new job; vocational training for women workers of credit institutions and the fostering of professional proficiency for the staff working in credit institutions.
5. reward Fund used to: a late Reward or bonus) on the regular staff, employees of credit institutions. The bonus level is due to the Management Board of the credit organization decided at the suggestion of the Director-General (Executive Director) and the Union of credit institutions on the basis of labor productivity, the area of the work of every officer, staff in credit institutions.
b) unanticipated Rewards to individuals, collective in credit institutions have the technical innovations, business processes effective in business. The bonus level is due to the Management Board of the credit organization.
c) rewards for individuals and units in addition to credit institutions have completed economic relations of good contract conditions, contribute effectively to the business activities of credit institutions. The bonus level is due to the Management Board of the credit organization.
6. to use the Welfare Fund: a) construction or repair, replenishment of construction works to the benefit of the credit organization, which is building the public welfare work in the industry, or with other units, according to the contract agreement.
b) spent on sports, cultural activities, public welfare of cadres, employees of credit institutions.
c) contributions for social welfare funds.
d) difficult subsidy Spending frequent, unscheduled for officers, employees of the credit institution.
DD) activities of other welfare Expenditure.
General Manager (Director) of the credit institutions in collaboration with the Executive Committee of the Union of credit management organization, use of this Fund.
Chapter V ACCOUNTING REGIME, statistics and AUDITING article 25.
1. Credit institutions make statistics, accounting mode under the provisions of the law, recording the full original vouchers, bookkeeping and updated to reflect full, timely, honest, accurate, objective financial activities.
2. The financial year of the credit organization begins from January 1 and end on December 31 of the calendar year.
Article 26.
1. Credit institutions have a responsibility to prepare and submit financial reports to the State Agency, the financial statistics, taxes and State Bank of recurring quarterly, year, includes the following reports: a) the table summarizing the assets of credit institutions accompanied by the detailed presentation of the situation to increase decrease , fluctuating resources, use of capital.
b) report business results, the implementation of currency lodging budget.
c) reported performing labor, salary of credit institutions.
2. The time limit for submitting the aforementioned report made according to the regulations of the Ministry of finance and the General Department of statistics.
3. The Chairman of the Board, General Director (Manager) of the credit institutions are responsible for the accuracy, the truthfulness of these statements.
Article 27.
1. Credit institutions must organize internal audit to audit its financial reports.
2. At the latest 30 days before the end of the financial year, credit institutions must hire an independent audit organisation operates legally in Vietnam to audit its financial reports, audit organization selected must be approved by the State Bank. The results of the audit of financial statements of credit institutions shall be sent to the State finance and the State Bank.

Article 28. Within 120 days of the end of the financial year, credit institutions must disclose financial statements in accordance with the law.
Article 29. Based on the guidance documents on the finance mode, credit institutions build their financial regulation the Management Board approval to make the base implementation. Particularly for State credit institutions, financial regulation must have the approval of the Ministry of finance.
Chapter VI LIABILITY of the BOARD, GENERAL DIRECTOR, Director of CREDIT INSTITUTIONS article 30. Responsibility of the Board of the credit organization 1. The Board performs the function of management of credit organizations, within the scope of his authority are responsible for implementation, testing, monitoring of financial operations of credit institutions.
2. get the resources, land, capital and other resources by State and shareholders delivered to credit institutions.
3. The Governor of the State Bank, which bought the stake in the venture, with foreign investors to consider, decide and report the financial administration at the same level.
4. Approval of raising capital, use, preserve, develop and use the profit was due to the Director-General (Director) of the credit institutions and take responsibility for his decisions.
5. Through the annual financial statements of credit institutions and to make public disclosure of the financial statements as prescribed; through long-term financial plan and annual financial planning due to the Director-General (Director) of the credit institutions.
6. Inspection and supervision Of the Director (Director) of the credit institutions in the use, development, conservation, the organisation implemented business according to plan, the scheme was the Board of the credit organization approval, service with the State budget.
7. Be responsible for the accuracy, the truthfulness of the report the results of the business of credit institutions, distribute and use the profits after tax as prescribed.
8. Perform other duties specified by law.
Article 31. The responsibility of the Director-General (Executive Director) credit institutions 1. Legal representative of the credit institution, operating activities of credit institutions and responsible to the Board, the Governor of the State Bank, before the law and before the financial bodies about the activities of credit institutions.
2. The Chairman of the Board of the same newsletter resource, land, capital and other resources by the Government and shareholders.
3. Responsible use of operating capital in the business according to the methods used, the conservation, the development of which the Board adopted; implementation scheme of distribution of profits after the submission of the State budget.
4. Responsible for the mobilization and use of resources on business activities; people make the investment, joint management venture, associated with other businesses; responsible for the physical damage caused by subjective error causes for credit institutions 5. The construction cost limit match business conditions of credit institutions.
6. Take responsibility for the accuracy, the truthfulness of financial reports, statistical reports, metrics, and the settlement of other financial information.
7. Build the annual financial plan consistent with the business plan the Board passed and sent to the State financial agency under the Ministry of finance.
8. Perform other duties specified by law.
Chapter VII of the PLAN and CHECK the FINANCIAL INSPECTOR, Article 32.
1. credit institutions annual financial planning under the guidance of the Ministry of finance and submitted to the State finance and the State Bank. The financial plan of the credit organizations include: a) and capital plans to use the capital of credit institutions.
b) income plan, costs, business results and indicators of the State budget institutions.
c) labor plan, salary of credit institutions.
2. The aforesaid plan of credit institutions shall be the Board of the credit organization for approval, and submit to the Agency the State finance and State Bank before November 15, the year before the year of the plan.
Article 33. The Ministry of Finance made the inspection, inspect the observance of the financial regime of the credit organization.
Chapter IIX Enacted PROVISIONS 34. The Decree has effect on sau15 since. The previous provisions on the fiscal regime for credit institutions contrary to this Decree is effective.
Article 35. The Ministry of finance coordinated with State Bank guide the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.