THE MINISTRY OF FINANCE
Circular No. 83/2013/TT-BTC guiding the implementation of the Decision No. 64/QD-TTg dated January 07, 2013 of the Prime Minister on the charge rate that equitized credit institutions shall be enjoyed when collecting the off balance sheet debt items retained
Pursuant to the Law No. 47/2010/QH12 dated June 29, 2010 of the National Assembly on Credit Institutions;
Pursuant to the Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Decision No. 59/2011/ND-CP dated July 18, 2011 of the Government on transformation of enterprises with 100% State capital into joint stock companies;
Pursuant to the Decision No. 64/QD-TTg dated January 07, 2013 of the Prime Minister on the charge rate that equitized credit institutions shall be enjoyed when revoking the off balance sheet debt items retained;
At the proposal of Director of Banking and Financial Institutions Department;
The Minister of Finance promulgates the Circular guiding the implementation of the Decision No. 64/QD-TTg dated January 07, 2013 of the Prime Minister on the charge rate that equitized credit institutions shall be enjoyed when collecting the off balance sheet debt items retained as follows:
Article 1. Subject of application
Subject of application under this Circular includes: Joint stock commercial Bank for Foreign Trade of Vietnam, Vietnam Joint Stock Commercial Bank for Industry and Trade, Joint Stock Commercial Bank for Investment and Development of Vietnam, Mekong Housing Bank (under this Circular, it is referred as the equitized state-owned commercial banks) and other related organizations.
Article 2. Management of off balance sheet debt items
1. The off balance sheet debt items retained are off balance sheet debt items that are not included in the value of enterprise when equitizing the state commercial banks and being allowed by the Prime Minister that the equitized State-Owned Commercial Banks shall continue the management and debt collection for the state budget.
2. The equitized state-owned commercial banks shall have the responsibility to determine and report the State Bank of Vietnam on the balance due of off balance sheet debt items that are not included in the value of enterprise when equitizing; record, keep track of and manage tightly and propose the measures to collect the off balance sheet debt items that are not included in the value of enterprise when equitizing for the state budget.
3. The state commercial bank shall reconsider and report the balance due of off balance sheet debt items shall be retained that are not included in the value of enterprise when equitizing of each state commercial bank at the time of determining the enterprise valuation to the Ministry of Finance; Examine and monitor the equitized commercial bank to continue the management, keep track of and collect for the state budget and ensure not draining the state asset.
Article 3. Management of collected money from off balance sheet debt items retained
1. The money collected from off balance sheet debt items retained according to Clause 2 Article 2 of this Circular is the real money collected by the State commercial bank from off balance sheet debt items. The equitized state commercial bank is allowed to keep 20% of the money revoked from off balance sheet debt items shall be retained to record into the income.
2. Arising expenses related to off balance sheet debt items retained include all expenses related to the handling of off balance sheet debt items (expense to put on sale of the assets, expense to manage the assured assets, auction expenses...), the equitized state commercial banks shall record the expenses according to the law and financial regulations applied for credit institutions. All mentioned expenses must have the valid bill, documents as stipulated by the law.
3. Writing method
