Circular No. 30/2018/TT-NHNN guiding the determination of state capital in credit organizations undergoing shareholding reform

CIRCULAR

Guidelines for determining state capital

of credit organizations undergoing shareholding reform

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Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Management and Use of State Capital for Investment in Business Operations dated November 26, 2014;

Pursuant to Government Decree No. 16/2017/NĐ-CP dated February 17, 2017 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 126/2017/NĐ-CP dated November 16, 2017 of the Government on converting state-owned enterprises and joint-stock limited companies wholly owned by state-owned enterprises into joint-stock companies;

At the proposal of the Director of the Finance and Accounting Department;

The Governor of the State Bank of Vietnam issues this Circular guiding the determination of state capital in credit organizations undergoing shareholding reform.

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the determination of state capital in credit organizations undergoing shareholding reform in accordance with point b, Clause 2, Article 31 of Decree No. 126/2017/NĐ-CP dated November 16, 2017 of the Government on converting state-owned enterprises and joint-stock limited companies wholly owned by state-owned enterprises into joint-stock companies (hereinafter referred to as Decree No. 126/2017/NĐ-CP).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Credit organizations undergoing shareholding reform include:

(i) Joint-stock limited companies wholly owned by the State as defined in Clause 2, Article 2 of Decree No. 126/2017/NĐ-CP that are credit organizations;

(ii) Joint-stock limited companies wholly owned by state-owned enterprises as defined in Clause 3, Article 2 of Decree No. 126/2017/NĐ-CP that are credit organizations;

b) Authorities representing the owner and other agencies, organizations, and individuals related to the determination of state capital in credit organizations undergoing shareholding reform as stipulated in point a of this clause.

Article 2. State Capital

1. State capital in credit organizations undergoing shareholding reform shall be determined to include the balances of the following accounts:

2. The account numbers specified in Clause 1 of this Article shall be taken from the Accounting System for Credit Organizations issued together with Decision No. 479/2004/QĐ-NHNN dated April 29, 2004 of the Governor of the State Bank of Vietnam and amended and supplemented by Decision No. 1146/2004/QĐ-NHNN dated September 10, 2004 of the Governor of the State Bank of Vietnam amending Article 2 of Decision No. 479/2004/QĐ-NHNN dated April 29, 2004 of the Governor of the State Bank of Vietnam issuing the Accounting System for Credit Organizations; Circular No. 10/2014/TT-NHNN dated March 20, 2014 of the Governor of the State Bank of Vietnam amending and supplementing some accounts in the Accounting System for Credit Organizations issued pursuant to Decision No. 479/2004/QĐ-NHNN dated April 29, 2004 of the Governor of the State Bank of Vietnam; Circular No. 49/2014/TT-NHNN dated December 31, 2014 of the Governor of the State Bank of Vietnam amending and supplementing some provisions of the Financial Reporting System for Credit Organizations issued together with Decision No. 16/2007/QĐ-NHNN dated April 18, 2007 and the Accounting System for Credit Organizations issued together with Decision No. 479/2004/QĐ-NHNN dated April 29, 2004 of the Governor of the State Bank of Vietnam; Circular No. 22/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam amending and supplementing some provisions of the Accounting System for Credit Organizations issued together with Decision No. 479/2004/QĐ-NHNN dated April 29, 2004 and the Financial Reporting System for Credit Organizations issued together with Decision No. 16/2007/QĐ-NHNN dated April 18, 2007 of the Governor of the State Bank of Vietnam.

3. The balance of the Enterprise Restructuring Support Fund account at credit organizations undergoing shareholding reform (if any) shall be determined as state capital and handled according to the provisions of Decree No. 126/2017/NĐ-CP.

Article 3. Implementation Provisions

1. This Circular takes effect from March 1, 2019.

2. The Director of the Office, Heads of the Department of Finance and Accounting, the Inspector General of Banking Supervision, Heads of units under the State Bank of Vietnam, Chairmen of the Board of Members, General Directors (Directors) of credit organizations that are joint-stock limited companies wholly owned by the State or by state-owned enterprises shall be responsible for organizing the implementation of this Circular./.