Circular No. 09/2015/TT-BTC guides financial transactions of enterprises as prescribed in Article 6 of Decree No. 222/2013/NĐ-CP dated December 31, 2013 of the Government on cash payment.

CIRCULAR

Guidelines on financial transactions of enterprises as stipulated in Article 6

Decree No. 222/2013/NĐ-CP dated December 31, 2013 of the Government

on cash payment

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Decree No. Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Finance;

Decree No. Decree No. 222/2013/NĐ-CP dated December 31, 2013 of the Government on cash payment;

The Minister of Finance hereby issues this Circular amending and supplementing certain Articles of Circular No. 133/2015/TT-BTC dated August 31, 2015, issued by the Minister of Finance guiding the financial management mechanism for the Vietnam Chamber of Commerce and Industry (hereinafter referred to as Circular No. 133/2015/TT-BTC).

The Minister of Finance issues this Circular to guide financial transactions of enterprises as stipulated in Article 6 of Decree No. 222/2013/NĐ-CP of the Government,

Article 1. Scope of Regulation

This Circular guides the forms of payment for enterprises in transactions involving capital contribution and purchase, sale, and transfer of equity stakes in other enterprises; and the forms of payment for enterprises that are not credit institutions in their relationships of borrowing, lending, and mutual repayment within Vietnam.

Article 2. Applicability

Enterprises and related organizations involved in the transactions specified in Article 1 of this Circular.

Article 3. Forms of payment in transactions involving capital contribution and purchase, sale, and transfer of equity stakes in other enterprises

1. Enterprises shall not use cash (banknotes and coins issued by the State Bank) for payment when conducting transactions involving capital contribution and purchase, sale, and transfer of equity stakes in other enterprises.

2. When conducting transactions involving capital contribution and purchase, sale, and transfer of equity stakes in other enterprises, enterprises shall use the following forms of payment:

a) Payment by check;

b) Payment by direct debit - transfer;

c) Other non-cash payment forms in accordance with current regulations.

3. When enterprises conduct transactions involving capital contribution and purchase, sale, and transfer of equity stakes in other enterprises using assets (not money), they shall comply with the provisions of the Enterprise Law.

Article 4. Forms of payment in transactions involving borrowing, lending, and mutual repayment between enterprises that are not credit institutions

1. Enterprises that are not credit institutions (enterprises not established, organized, and operated in accordance with the Law on Credit Institutions) shall use the forms of payment prescribed in Clause 2 of Article 3 of this Circular when conducting transactions involving borrowing, lending, and mutual repayment.

2. When enterprises that are not credit institutions conduct transactions involving borrowing, lending, and mutual repayment using assets (not money), offsetting debts, transferring debt obligations, they shall comply with the provisions of the Enterprise Law.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from March 17, 2015.

2. Enterprises that violate the provisions of this Circular in their financial transactions shall be subject to handling under current laws.

3. During implementation, if any issues arise, please reflect them to the Ministry of Finance for consideration and resolution./.