THE MINISTRY OF FINANCE

Circular No. 05/2013/TT-BTC of January 9, 2013, guiding the financial regime applicable to credit institutions and foreign bank branches
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the June 16, 2010 Law on Credit Institutions;
Pursuant to the Government’s Decree No. 57/2012/ND-CP of July 20, 2012, on the financial regime applicable to credit institutions and foreign bank branches;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Director of the Department of Banking and Financial Institutions;
The Minister of Finance promulgates the Circular guiding the financial regime applicable to credit institutions and foreign bank branches.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the implementation of the financial regime applicable to credit institutions and foreign bank branches in Vietnam.
Financial operations of credit institutions and foreign bank branches comply with the June 16, 2010 Law on Credit Institutions, the Government’s Decree No. 57/2012/ND-CP of July 20, 2012, on the financial regime applicable to credit institutions and foreign bank branches (below referred to as Decree No. 57/2012/ND-CP), this Circular, and other relevant legal documents on financial management.
Article 2. Subjects of application
This Circular applies to credit institutions and foreign bank branches established, organized and operating under the June 16, 2010 Law on Credit Institutions.
This Circular does not apply to credit institutions being microfinance institutions, policy banks, cooperative banks and people’s credit funds.
Chapter II
SPECIFIC PROVISIONS
Article 3. Equity capital of credit institutions
1. Charter capital.
2. Exchange rate differences:

a/ Differences arising from the consolidation of financial statements of credit institutions (parent companies) and subsidiary companies using an accounting currency other than Vietnam dong;