Circular No. 39/2021/TT-BTC Amending and Supplementing Certain Provisions of Circular No. 133/2018/TT-BTC dated December 28, 2018 of the Ministry of Finance guiding the preparation of the State Financial Report

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 133/2018/TT-BTC DATED DECEMBER 28, 2018 OF THE MINISTRY OF FINANCE GUIDING THE PREPARATION OF THE STATE FINANCIAL REPORT

Pursuant to the Accounting Law dated November 20, 2015;

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to Decree No. 25/2017/NĐ-CP dated March 14, 2017 of the Government on State Financial Reports;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the General Director of the State Treasury;

The Minister of Finance issues this Circular amending and supplementing certain provisions of Circular No. 133/2018/TT-BTC dated December 28, 2018 of the Ministry of Finance guiding the preparation of the State Financial Report.

Article 1. Amending and supplementing certain provisions of Circular No. 133/2018/TT-BTC dated December 28, 2018 of the Ministry of Finance guiding the preparation of the State Financial Report (hereinafter referred to as "Circular No. 133/2018/TT-BTC") as follows:

1. Supplementing Clause 9a, Clause 9b, Clause 12a, Clause 12b, and Clause 12c of Article 2 as follows:

"9a. Ministries and central agencies entrusted with managing infrastructure assets."
"9b. Ministries and central agencies entrusted with managing and using special fixed assets (including: antiques, exhibits displayed in museums, mausoleums, historical and cultural relics)."
"12a. Departments and provincial-level agencies entrusted with managing infrastructure assets."
"12b. Departments and provincial-level agencies entrusted with managing and using special fixed assets (including: antiques, exhibits displayed in museums, mausoleums, historical and cultural relics)."
"12c. People's Committees of districts, towns, cities under provinces, and cities under centrally governed municipalities (hereinafter referred to as "District People's Committee")."

2. Clause 2 of Article 5 shall be amended and supplemented as follows:

2.1. Point a of Clause 2 of Article 5 shall be amended as follows:

"a) Tax authorities at all levels: The report is prepared according to the accounting system for domestic tax operations reflecting information on: taxes, fees, charges, and other domestic revenues generated during the reporting year; money (if any); receivables and payables at the end of the reporting year related to tax collection and other domestic revenue operations managed by the tax authority.

In cases where the report submitted by local tax authorities to the State Treasury for managing budget revenues and expenditures in their respective areas already fully reflects the information needed to prepare the national State Financial Report, the General Department of Taxation does not need to submit this report to the State Treasury."

2.2. Amending point i, supplementing point k, and point l of Clause 2 of Article 5 as follows:

"i) Department of Finance: Reporting according to Model C01/CCTT issued together with this Circular, reflecting information on state capital in enterprises, banks, and other financial organizations managed by localities; information on local government debt; information on infrastructure assets entrusted with management (if any).

k) Ministries and central agencies; departments and provincial-level agencies; District People's Committees aggregate information on infrastructure assets entrusted with management at the central, provincial, and district levels (including commune level) provided by subordinate agencies, organizations, and units according to Model C02/CCTT issued together with this Circular and send it to the State Treasury managing budget revenues and expenditures in their respective areas.

l) Ministries and central agencies; departments and provincial-level agencies; District People's Committees aggregate information on special fixed assets entrusted with management and use (if any) at the central, provincial, and district levels (including commune level) provided by subordinate agencies, organizations, and units and send it to the State Treasury managing budget revenues and expenditures in their respective areas to explain in detail on the State Financial Report according to Model C04/CCTT issued together with this Circular."

3. Clause 3 of Article 5 shall be amended as follows:

"3. People's Committees at the commune level prepare the Commune Financial Report according to the accounting system for the budget and finance of communes; the report provides detailed financial information according to Model C03/CCTT issued together with this Circular to explain in detail the figures of tangible and intangible fixed assets presented in the unit's financial report sent to the State Treasury at the district level."

4. Clause 4 of Article 5 shall be amended as follows:

"4. Primary budget units prepare financial information reports sent to the State Treasury managing budget revenues and expenditures in their respective areas, including:

a) In cases where primary budget units do not have subordinate accounting units: The financial report is prepared according to Circular No. 107/2017/TT-BTC dated October 10, 2017 of the Ministry of Finance guiding the accounting system for administrative and public institutions; supplementary financial information reports are prepared according to Circular No. 99/2018/TT-BTC dated November 1, 2018 of the Ministry of Finance guiding the preparation of consolidated financial reports of state accounting units that are superior accounting units; financial information reports according to Model C03/CCTT issued together with this Circular to explain in detail the figures of tangible and intangible fixed assets presented in the unit's financial report.

b) In cases where primary budget units have subordinate accounting units: Consolidated financial reports and supplementary financial information reports are prepared according to Circular No. 99/2018/TT-BTC dated November 1, 2018 of the Ministry of Finance guiding the preparation of consolidated financial reports of state accounting units that are superior accounting units; financial information reports according to Model C03/CCTT issued together with this Circular to explain in detail the figures of tangible and intangible fixed assets presented in the unit's consolidated financial report."

5. Clause 5 of Article 5 shall be amended as follows:

"5. Other primary budget units (excluding those specified in Clause 4 of this Article) have specific regulations on preparing Financial Statements or Consolidated/Merged Financial Statements (such as Project Management Boards using public investment capital, Public Service Organizations self-financing regular expenses and permitted to apply enterprise accounting systems for investment costs, etc.): Financial Statements or Consolidated/Merged Financial Statements shall be prepared according to the Accounting Regulations applicable to such units. Specifically, for Project Management Boards using public investment capital, additional detailed information about fixed assets at the unit must be provided according to Model C03/CCTT issued together with this Circular to explain in detail the figures of tangible and intangible fixed assets presented in the unit's Financial Statements."

6. Article 9 is amended as follows:

6.1. Point a, Clause 1 of Article 9 is amended as follows:

"a) Financial reports providing financial information of agencies, units, and organizations specified in Clauses 2, 4, 5, 6, 7, 8, 10, and 11 of Article 2 of Circular No. 133/2018/TT-BTC and Clauses 9a and 9b of this Circular."

6.2. Point a, Clause 2 of Article 9 is amended as follows:

"a) Financial reports providing financial information of agencies, units, and organizations specified in Clauses 2, 4, and 12 of Article 2 of Circular No. 133/2018/TT-BTC and Clauses 12a and 12b of this Circular."

7. Article 11 is amended as follows:

7.1 Amend Point b, Clause 2 as follows:

"b) Borrowing from state financial funds outside the state budget."

7.2 Amend Point c, Clause 3 as follows:

"c) Internal transactions between agencies, units, and organizations within the same scope of preparing provincial state financial reports."

8. Clause 1 of Article 15 is amended as follows:

"Before January 15 each year, the State Budget Department of the Ministry of Finance provides a list of primary budget units under the central budget; the State Asset Management Agency of the Ministry of Finance provides a list of ministries and central agencies entrusted with managing infrastructure assets; ministries and central agencies entrusted with managing special-purpose fixed assets; the Department of Finance provides a list of primary budget units, departments, and provincial-level agencies entrusted with managing infrastructure assets; provincial-level departments and agencies entrusted with managing special-purpose fixed assets at the provincial level; the Financial and Planning Office provides a list of primary budget units at the district level for the State Treasury to manage revenue and expenditure of the state budget in their respective areas."

In case there are changes to these lists during the year, the relevant units (State Budget Department, State Asset Management Agency, Department of Finance, Financial and Planning Office) must promptly provide the updated lists to the State Treasury managing revenue and expenditure of the state budget in their respective areas."

9. Article 15 supplements Clause 1a as follows:

"1a. The State Asset Management Agency of the Ministry of Finance shall cooperate with the State Treasury to review and ensure the rationality of the information on fixed assets presented in the national consolidated financial statements within ten working days from the date of receipt of the request from the State Treasury."

10. Amend and supplement the Appendix issued together with Circular No. 133/2018/TT-BTC, detailed in the Appendix issued together with this Circular.

Article 2. Abolish the provisions at Point e, Clause 2, Article 5 and Clause 4, Article 11 of Circular No. 133/2018/TT-BTC.

Article 3. Effectiveness

1. This Circular takes effect from July 15, 2021 and applies to the fiscal year 2021.

2. In the course of implementation, if there are any difficulties, it is requested that agencies, organizations, and individuals promptly report to the Ministry of Finance for study and specific guidance./.