Decision No. 146/2001/QD-TTg stipulates the handling of overdue debts of Agricultural Cooperatives, applicable to cooperatives that have been dissolved, transformed, or are still operating. This decision provides specific guidance on how to handle each type of debt based on the financial situation and ability to repay of the cooperative.
적용 범위
Agricultural Cooperatives that have been dissolved, transformed, or are still operating; State Bank of Vietnam, relevant ministries and agencies, People's Committees of provinces and centrally governed cities.
핵심 사항
- Dissolved Agricultural Cooperatives shall have their debts cancelled.
- Agricultural Cooperatives that have been transformed and are experiencing severe financial difficulties without the ability to repay shall also have their debts cancelled.
- Operating Agricultural Cooperatives that have used borrowed funds for infrastructure investment damaged by natural disasters such as typhoons and floods shall also have their debts cancelled.
- Agricultural Cooperatives with the ability to repay but deliberately delay repayment will be subject to compulsory measures for debt recovery according to the law.
- Agricultural Cooperatives that misuse tax funds in violation of regulations causing waste and loss must compensate material losses or have their debts cancelled if individual responsibility cannot be determined.
- Debts of Agricultural Cooperatives with commercial banks, agricultural land use tax, state-owned enterprises, and other entities will be handled according to specific provisions.
- The handling of each debt must be completed by March 31, 2002.
🌐 이 문서의 사회적 영향
- Positive impact: Helps resolve the issue of overdue debts, promoting production and business activities of Agricultural Cooperatives.
- Negative impact: May cause difficulties for commercial banks and state-owned enterprises in recovering debts; increases local government budget costs to support debt cancellation.
❓ 자주 묻는 질문
Which Agricultural Cooperatives are eligible for debt cancellation?
Agricultural Cooperatives that have been dissolved, transformed, and are experiencing severe financial difficulties without the ability to repay; Operating Agricultural Cooperatives that have used borrowed funds for infrastructure investment damaged by natural disasters such as typhoons and floods.
Compulsory measures for debt recovery apply to which Agricultural Cooperatives?
Compulsory measures for debt recovery will be applied to Agricultural Cooperatives with the ability to repay but deliberately delay repayment according to the law.
How are debts of Agricultural Cooperatives with commercial banks handled?
The State Bank of Vietnam will take the lead, coordinating with relevant ministries and agencies and People's Committees of provinces and centrally governed cities to inspect and cancel debts owed by Agricultural Cooperatives to commercial banks.
When must the debt handling be completed?
The handling of each debt must be completed, at the latest, by March 31, 2002.
How are debts of Agricultural Cooperatives with state-owned enterprises handled?
State-owned enterprises will use the bad debt reserve fund and financial reserve fund to offset unrecoverable debts. If these funds are insufficient, the amount will be recorded in the enterprise's business results.
전문
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PRIME MINISTER |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 146/2001/QĐ-TTg |
Hanoi, October 2, 2001 |
Pursuant to …;
Regarding the handling of overdue debts of Agricultural Cooperatives
PRIME MINISTER
Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to Resolution No. 39/2000/QH10 of the National Assembly of the Socialist Republic of Vietnam, Session X, Meeting 8, adopted on December 9, 2000;
At the proposal of the Minister of Finance and the Governor of the State Bank of Vietnam,
DECISION:
Article 1. The debts of Agricultural Cooperatives arising from before 1996 (prior to the implementation of the Law on Cooperatives) shall be handled according to the following principles:
1. For debts owed by dissolved Agricultural Cooperatives, Agricultural Cooperatives that have been converted and registered for business under Decree No. 16/CP dated February 12, 1997 of the Government on the conversion and registration of cooperatives and the organization of activities of the Cooperative Union (referred to as converted cooperatives), the following measures shall be taken:
a) Write off debts owed by dissolved Agricultural Cooperatives;
b) Write off debts owed by converted cooperatives that are financially struggling (operating at a loss) and unable to repay their debts;
c) Write off debts owed by currently operating Agricultural Cooperatives (operating profitably) where the borrowed funds were used for infrastructure investment but the infrastructure has since been damaged due to natural disasters such as typhoons and floods.
2. For currently operating Agricultural Cooperatives with the ability to repay debts (operating profitably) but deliberately delaying repayment, coercive measures to recover debts shall be applied according to the provisions of the law.
3. In cases where Agricultural Cooperatives have not remitted to the state budget the amounts from member income tax used for infrastructure investment (electricity, roads, schools, health centers...) where completed projects are now being utilized, these amounts may be recorded as local government revenue and construction expenditure according to the value of the projects.
4. In cases where Agricultural Cooperatives misuse funds collected from members, including agricultural land use fees, water management fees, electricity charges... causing waste and losses, individual responsibility shall be determined and material compensation required to repay creditors. If responsibility cannot be attributed, the debt shall be written off.
5. For debts owed by currently operating Agricultural Cooperatives related to cooperative members, creditors shall cooperate with commune authorities to inspect and classify them to take appropriate measures to collect debts. For members who are capable of repaying debts (not classified as poor according to the standard set out in Decision No. 1143/2000/QĐ-BLĐTBXH dated November 1, 2000 of the Ministry of Labor, Invalids and Social Affairs) but delay payment, creditors shall cooperate with local authorities to apply coercive measures to recover debts.
Specifically, for members who are extremely financially struggling and classified as poor, or belong to policy households unable to repay debts (according to the standard set out in Decision No. 1143/2000/QĐ-BLĐTBXH dated November 1, 2000 of the Ministry of Labor, Invalids and Social Affairs) confirmed by the commune people's committee, the debt shall be written off.
Article 2.
1. The State Bank of Vietnam shall lead and coordinate with relevant ministries, sectors, and provincial/municipal people's committees to inspect and write off debts owed by Agricultural Cooperatives to commercial banks as stipulated in Article 1 of this Decision.
Commercial banks shall use their bad debt reserve fund to offset debts written off for Agricultural Cooperatives. If the bad debt reserve fund is insufficient to cover the amount of debt permitted to be written off for Agricultural Cooperatives, the commercial bank shall report to the State Bank of Vietnam for consolidation and submission to the Prime Minister for consideration and decision.
2. Provincial/municipal people's committees shall inspect, handle, and issue decisions to write off debts owed by Agricultural Cooperatives to agricultural land use taxes.
3. The Ministry of Finance shall lead and coordinate with relevant ministries, sectors, and provincial/municipal people's committees to inspect and handle debts owed by Agricultural Cooperatives to central state-owned enterprises.
4. Provincial/municipal people's committees shall inspect and handle debts owed by Agricultural Cooperatives to state-owned enterprises established by provincial/municipal decisions.
State-owned enterprises shall use their bad debt reserve fund and financial reserve fund to offset unrecoverable debts. If these funds are insufficient, the enterprise shall record the loss in its business results. For public service enterprises, if recording the debt write-off in business results causes the enterprise to incur a loss, it will be considered for support from the state budget according to current regulations.
5. Provincial/municipal people's committees shall inspect and handle debts owed by Agricultural Cooperatives to other entities. For debts owed to social organizations that have invested in public facilities serving the community, where the Agricultural Cooperative no longer operates or is financially struggling and unable to repay the debt, efforts shall be made to persuade the social organizations to write off the debt. The provincial/municipal state budget shall allocate funds within the local budget balance to support social organizations in cases of financial difficulty.
Debts owed by Agricultural Cooperatives to members that have been verified and confirmed to be correct, where the Agricultural Cooperative no longer operates or is financially struggling and unable to repay the debt, the provincial/municipal state budget shall allocate funds to settle the debt to the members.
Article 3. Each debt must be resolved conclusively, with completion by March 31, 2002 at the latest.
The Ministry of Finance shall lead and coordinate with the State Bank of Vietnam and provincial/municipal people's committees to compile and report the results of handling to the Prime Minister in the second quarter of 2002.
Article 4. This Decision shall take effect from the date of signature. The Minister of Finance, the Governor of the State Bank of Vietnam, relevant ministries and sectors, and the Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.
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PRIME MINISTER (Signed) Phan Van Khai |
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