Circular No. 52/2015/TT-BTC guides special financial policies for agricultural and forestry companies after restructuring and modernization have been completed. The Circular stipulates registered capital, risk reserves for planted forests, and management of income and expenditure of kindergartens, nurseries, and healthcare centers retained to serve business operations.
Đối tượng áp dụng
Agricultural and forestry companies that have completed restructuring and modernization according to Decree No. 118/2014/NĐ-CP.
Các điểm cốt lõi
- Agricultural and forestry companies with 100% state-owned registered capital shall be re-determined their registered capital in accordance with Clause 1, Article 19 of Decree No. 118/2014/NĐ-CP.
- Establishing risk reserves for production forests which are planted forests at a maximum rate of 5% of total investment and procurement costs forming assets serving the main business activities of the enterprise.
- Managing income and expenditure of kindergartens, nurseries, and healthcare centers retained based on budgetary standards and accounting vouchers.
- The company may be re-determined its registered capital up to a maximum of 50% of the total investment and procurement needs forming assets serving the main business activities of the enterprise.
- Using risk reserves to offset losses caused by natural disasters, fires, and diseases for areas of planted forests for which risk reserves have been established.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps agricultural and forestry companies stabilize finances and develop sustainably after completing restructuring and modernization.
- Negative impact: May impose additional administrative burdens on enterprises.
❓ Câu hỏi thường gặp
What is the maximum amount of registered capital that agricultural and forestry companies can be re-determined?
Up to 50% of the total investment and procurement needs forming assets serving the main business activities of the enterprise.
What is the level of establishing risk reserves for planted forests?
5% of the total costs incurred by the forestry company for planting, caring for, and managing protective production forests which are planted forests.
When can agricultural and forestry companies establish risk reserves?
Annually at the end of the first accounting period following the start of forest planting. For areas of forest already planted before this Circular takes effect, the company can establish risk reserves at the end of the first accounting period following the date this Circular takes effect.
How does an agricultural and forestry company manage income and expenditure of kindergartens, nurseries, and healthcare centers?
Principles of managing income and expenditure are based on the contents of expenditures and budgetary standards applicable to public institutions fully funded by the state budget in equivalent fields of operation.
Can agricultural and forestry companies establish risk reserves if they have purchased insurance?
Risk reserves cannot be established if the company has purchased insurance for planted forests. If risk reserves were established prior to purchasing insurance, further establishment is not allowed.
Toàn văn
CIRCULAR
Guidelines on certain financial policies with special characteristics for companies in agriculture and forestry after restructuring and modernization
have been completed pursuant to Decree No. 118/2014/ND-CP dated December 17, 2014 of the Government regarding restructuring and modernization, enhancing efficiency of operations of agricultural and forestry companies (hereinafter referred to as Decree No. 118/2014/ND-CP);ới
____________________
/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;15/2013/NĐ-CP dated December 23, 2013 of the Government stipulating functions, tasks, regulationsonState Property.
Pursuant to DecreeNo. 118/2014/NĐ-CP dated December 17, 2014 of the Government onắs well as other relevant agencies,policiesp, d, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPi mới and development, improving operational efficiency of agricultural and forestry companies (hereinafter referred to as Decree No. are Decree nNo. 118/2014/NĐ-CP);
Pursuant to Decree No. 71/2013/NĐ-CP dated July 1, 2013 of the Government on investment and state capital management in enterprises in which the State holds 100% of the charter capital 11/07/2013 of the Government on investment and state capital management in enterprises in which the State holds 100% of the charter capitalNo.d with enterprises in which the State holds 100% of the charter capitalNo.n possession of 100% of the charter capitalắvNo.n goonu regulations (hereinafter referred to as Decree No.No. 71/2014/NĐ-CP);
Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on decision of the Director of the Department of Enterprise Finance;
The Minister of Finance issues this Circular guiding certain financial policies with special characteristics for agricultural and forestry companies after completing restructuring and modernization according to Decree No. 118/2014/NĐ-CP.No.20 ||| This Circular guides certain financial policies with special characteristics for agricultural and forestry companies after completing restructuring and modernization according to Decree No. 118/2014/NĐ-CP, specifically: - Charter capital for agricultural and forestry companies in which the State holds 100% of the charter capital; - Establishment and utilization of risk reserves for production forests that are planted forests; - Management of income and expenditure of kindergartens, health centers retained to serve the business activities of the company.i This Circular applies to agricultural and forestry companies operating under the Law on Enterprises that have completed restructuring and modernization according to Decree No. 118/2014/NĐ-CP.policiesp, d, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending Point b Clause 13 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;.
Article 1. Scope of Regulation
Article 3. Charter Capital for Agricultural and Forestry Companies in Which the State Holds 100% of the Charter Capital
Article 2. Applicability
1. Agricultural and forestry companies in which the State holds 100% of the charter capital shall implement the determination of adjusted charter capital in accordance with Clause 1, Article 19 of Decree No. 118/2014/ND-CP dated December 17, 2014 of the Government.
2. Principles for increasing adjusted charter capital, documents and procedures for approval shall be implemented in accordance with point a and point c, Clause 2, Article 9 of Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of certain provisions of Decree No. 71/2013/NĐ-CP.
3. Methods for determining increases in adjusted charter capital shall be implemented in accordance with point b, Clause 2, Article 9 of Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the implementation of certain provisions of Decree No. 71/2013/NĐ-CP. For specific cases, enterprises shall determine increases in adjusted charter capital as follows:
a) For forestry companies managing production forests that are planted forests; agricultural companies growing perennial crops:
dl adjustment
dl approved
|
VUp to 50% of the total capital investment and procurement forming assets serving the main business activities of the enterprise = Vsxsp-kdhhdv + |
approved |
+ Vis the level of charter capital already approved by the competent authority before adjustment. |
Where:
- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:đl - Total capital investment and procurement forming assets serving the main business activities of the enterprise shall be determined in accordance with point b, Clause 2, Article 9 of Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance. sxsp-
kdhhdv
- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:is the capital requirement for production activities and trading goods and services of the enterprise.The method of determination is as follows: sxsp-hhkd
= maximum 50% x
|
VThe difference in increase between the total capital requirement for production activities and trading goods and services up to the third year from the year of re-determining the level of charter capital compared to the capital requirement for production activities and trading goods and services carried out in the immediately preceding year of re-determining the level of charter capital The difference in increase between the total capital requirement for production activities and trading goods and services up to the third year from the year of re-determining the level of charter capital compared to the capital requirement for production activities and trading goods and services carried out in the immediately preceding year of re-determining the level of charter capital shall be calculated in accordance with point b, Clause 2, Article 9 of Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance. |
b) For agricultural and forestry companies that have been provided with special mechanisms by the Government regarding charter capital, they may continue to apply those provisions. |
The difference increase between the total capital demand for producing products, trading goods, and providing services up to the third year from the year of re-determining the registered capital compared to the capital demand for producing products, trading goods, and providing services implemented in the immediately preceding year before re-determining the registered capital shall be calculated in accordance with the provisions set out in point b, Clause 2, Article 9 of Circular No. 220/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance.
For agricultural and forestry companies that have been specified by the Government with special mechanisms regarding registered capital, such mechanisms shall continue to be applied.
Article 4. Establishment and use of risk reserves for production forests that are planted forests
The agricultural and forestry companies shall establish risk reserves for production forests that are planted forests in accordance with the following provisions:
1. Annually at the end of the accounting year, the agricultural and forestry companies shall conduct inventory, assess quality, and classify production forests that are planted forests based on area, age, and type of tree as the basis for establishing risk reserves.
2. The time for establishing risk reserves is the end of the first accounting year from the start of planting the forest. For areas of planted forests that were planted before this Circular takes effect, the agricultural and forestry companies may establish risk reserves at the end of the first accounting year from the date this Circular takes effect.
3. Level of establishment of risk reserves: The maximum level of establishment of risk reserves is equal to 5% of the total costs incurred by the forestry company for planting, caring for, managing, and protecting production forests that are planted forests. The specific amount to be set aside and the period of setting aside (which can be allocated over several years) shall be determined by the company based on its financial capacity each year, ensuring that the enterprise does not incur losses. The amount set aside for risk reserves shall be recorded as production and business expenses of the enterprise in the period and deducted when determining taxable income.
4. Use of reserve funds: Enterprises may only use the established risk reserve fund to offset losses caused by natural disasters, fires, and diseases for the area of planted forests for which the risk reserve has been established. The value of the loss remaining after offsetting with the reserve fund shall be recorded as production and business expenses in the period. If there is a surplus in the risk reserve fund after offsetting the loss, the enterprise shall continue to monitor and set aside for subsequent years until the harvesting of the production forests that are planted forests. When harvesting the area of planted forests for which the risk reserve has been established, the remaining risk reserve fund must be reversed and recorded as a reduction in production and business expenses.
5. In cases where enterprises have purchased insurance for planted forests, they shall not establish risk reserves. In cases where enterprises have already established risk reserves before purchasing insurance, they shall not establish further risk reserves. When losses occur, the value of the loss after being offset by insurance compensation and reserve fund (if any) shall be recorded as production and business expenses in the period.
6. Enterprises must establish a board to review the levels of establishment of various reserve funds and handle actual losses. The board shall consist of: the general manager (or director), chief accountant, heads of relevant departments, and some experts (if necessary). The general manager (or director) of the enterprise shall decide to establish the board.
Article 5. Management of revenue and expenditure of kindergartens, nurseries, and healthcare centers retained to serve the production and business activities of the company
In cases where agricultural and forestry companies retain kindergartens, nurseries, and healthcare centers to serve their production and business activities, the management of revenues and expenditures of these organizations shall be carried out according to the following guidelines:
1. Principles of management of revenue and expenditure:
a) Based on the contents of expenditure and expenditure standards prescribed by law applicable to public institutions fully funded by the state budget in the corresponding field of activity, the head of the kindergarten, nursery, or healthcare center shall be responsible for developing and submitting to the competent authority for approval the expenditure standards for the operation of the unit in accordance with the financial management regulations of the company. These standards must be communicated to those who will implement them and publicly announced to employees.
b) All revenues and expenditures of the institution must be supported by complete accounting documents as required by law and fully reflected in the institution's accounting books under the current accounting system applicable to the institution.
c) The management, use, and depreciation of fixed assets shall be carried out in accordance with relevant laws.
2. Annually, based on the tasks of the planned year and expenditure standards, the results of the operational activities, and the financial revenue and expenditure situation of the previous year, the unit shall prepare a budget for revenue and expenditure of the planned year for submission to the competent authority for approval in accordance with the financial management regulations of the company.
3. At the end of the fiscal year, the units shall prepare final accounts of revenue and expenditure for submission to the competent authority for approval in accordance with the financial management regulations of the company. In cases where actual expenditures in the year exceed or fall outside the budgeted expenditures, the unit must clearly explain the reasons to report to the competent authority for consideration and decision.
4. In cases where revenues are insufficient to cover expenditures (including fixed asset depreciation expenses) and other payments, the difference between revenue and expenditure shall be recorded as production and business expenses of the company and deducted when determining taxable income.
5. In cases where revenues exceed expenditures and other payments, the difference shall be recorded as other income of the enterprise.
Article 6. Effectiveness
1. This Circular takes effect from June 2, 2015.
2. During the implementation process, if there are difficulties or obstacles, units are requested to promptly reflect them to the Ministry of Finance for research and guidance on resolution./.
DEPUTY MINISTER
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