Circular No. 84/2020/TT-BTC Amending and supplementing regulations on periodic reporting within the authority of the Minister of Finance in the field of financial banking

CIRCULAR
Amending and supplementing regulations on periodic reporting within the authority to decide of the Minister of Finance in the field of financial banking
The Minister of Finance promulgates this Circular amending and supplementing regulations on periodic reporting within the authority to decide of the Minister of Finance in the field of financial banking.

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

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

At the proposal of the Director of the Department of Banking and Financial Institutions;

The Minister of Finance issues this Circular to amend and supplement regulations on periodic reporting within the authority to decide of the Minister of Finance in the field of financial banking.

Article 1. Amend and supplement some articles of Circular No. 195/2013/TT-BTC dated December 18, 2013 of the Ministry of Finance guiding the financial regime of the State Bank of Vietnam as follows:

1. Amend and supplement Point 2.2 Clause 2 Article 12 as follows:

"2.2. The annual financial revenue and expenditure plan of the State Bank of Vietnam shall be prepared and submitted to the Ministry of Finance for review and consolidation into the state budget estimate in accordance with the Law on State Budget and related guiding documents."

2. Supplement Point 2.4 Clause 2 Article 12 as follows:

"2.4. The method of submitting the financial plan shall be carried out in the form of paper documents through one of the following methods:

a) Direct delivery;

b) Sending via postal service."

3. Supplement Point 2.3 Clause 2 Article 13 as follows:

"2.3. The method of submitting financial reports shall be carried out in the form of paper documents through one of the following methods:

a) Direct delivery;

b) Sending via postal service."

Article 2. Supplement Clause 7 Article 10 of Circular No. 01/2017/TT-BTC dated January 5, 2017 of the Ministry of Finance guiding the financial regime for Vietnamese Asset Management Companies as follows:

"7. Time of closing data and method of submitting reports:

a) Time of closing data:

- Time for closing financial plan data as stipulated in Clause 1 of this Article: From January 1st to December 31st of the planning year.

- Time for closing quarterly and annual financial report data as stipulated in Clause 4 of this Article:

+ For quarterly financial reports: From the first day of the quarter being reported to the last day of the quarter being reported (for cumulative data, it is the first day of the reporting year).

+ For annual financial reports: From January 1st to December 31st of the reporting year.

b) Methods of submitting reports shall be implemented through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods as prescribed by law.

c) Content, time of closing data, and deadline for submitting extraordinary reports as stipulated in Clause 6 of this Article shall be implemented according to the requirements of the State Bank of Vietnam and the competent state management agency."

Article 3. Supplement Clause 4 Article 8 of Circular No. 53/2017/TT-BTC dated May 19, 2017 of the Ministry of Finance guiding the implementation of Decree No. 69/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating debt buying services as follows:

"4. Time of closing data and method of submitting reports:

a) Time of closing quarterly and annual report data: From the start date of collecting data to the end date of collecting data (excluding data reflecting at a specific point in time). The start date of collecting data is the first day of the quarter or year being reported (for cumulative data, it is the first day of the reporting year); the end date of collecting data is the last day of the quarter or year being reported.

b) Methods of submitting reports shall be implemented through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods as prescribed by law.

c) Content, time of closing data, and deadline for submitting extraordinary reports shall be implemented according to the requirements of the competent state management agency."

"2. Responsibilities of the State Bank of Vietnam:

a) Annually (before April 30 of the following year) and every six months (before August 31), the State Bank of Vietnam shall notify the Ministry of Finance about the financial situation of credit institutions and foreign bank branches in accordance with Clause 2 Article 38 of Decree No. 93/2017/NĐ-CP, specifically according to the following indicators (classified by type of credit institution):

- Number of credit institutions and foreign bank branches.

- Total charter capital, owner's equity, assets, total loans, total funds raised, non-performing loan ratio, and other safety ratios in the operation of credit institutions and foreign bank branches.

- Total profit (loss) and number of credit institutions and foreign bank branches operating profitably (incurring losses).

- Financial status and operational efficiency of state-owned credit institutions holding more than 50% of the charter capital.

- Other relevant indicators and contents.

- Violations of financial regulations discovered during inspection and supervision of credit institutions and foreign bank branches.

b) Time period for data consolidation:

- For the six-month report: From January 1 of the reporting period to June 30 of the reporting period (excluding data reflecting at a specific point in time).

- For the annual report: From January 1 of the reporting year to December 31 of the reporting year (excluding data reflecting at a specific point in time).

c) Method of submitting reports shall be carried out through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

"2. The State Bank of Vietnam shall be responsible for supervising the implementation of the financial regime of microfinance organizations.

a) Regularly submit reports every six months and annually to the Ministry of Finance regarding the financial situation of microfinance organizations and any violations of the financial regime discovered during inspection, audit, and supervision (if any). For the six-month report, the State Bank of Vietnam shall send it to the Ministry of Finance before August 15; for the annual report, the State Bank of Vietnam shall send it to the Ministry of Finance before April 15 of the following year.

b) Time period for data consolidation:

- For the six-month report: From January 1 of the reporting period to June 30 of the reporting period (excluding data reflecting at a specific point in time).

- For the annual report: From January 1 of the reporting year to December 31 of the reporting year (excluding data reflecting at a specific point in time).

c) Method of submitting reports shall be carried out through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

"c) Data closing period:

- For the six-month report: From January 1 of the reporting period to June 30 of the reporting period (excluding data reflecting at a specific point in time).

- For the annual report: From January 1 of the reporting year to December 31 of the reporting year (excluding data reflecting at a specific point in time).

d) Reporting methods shall be carried out through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

"2. Responsibilities of the State Bank of Vietnam

2.1. Regularly every six months (before August 31) and annually (before April 30 of the following year), the State Bank of Vietnam shall notify the Ministry of Finance about the financial situation of the system of people's credit funds according to Clause 2 of Article 38 of Decree No. 93/2017/NĐ-CP, specifically according to the following indicators:

a) Number of People's Credit Cooperatives (including the number of loss-making cooperatives, non-loss-making cooperatives, and profit-making cooperatives);

b) Total profit; total loss;

c) Financial violations of People's Credit Cooperatives discovered during inspections and supervision (if any).

2.2. Data closing period:

a) For the six-month report: From January 1 of the reporting period to June 30 of the reporting period (excluding data reflecting at a specific point in time).

b) For the annual report: From January 1 of the reporting year to December 31 of the reporting year (excluding data reflecting at a specific point in time).

2.3. Methods of submitting reports shall be carried out according to one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Submission via email system or specialized information reporting software system;

d) Other methods as prescribed by law."

Article 8. Supplement Point c of Clause 3 of Article 23 of Circular No. 11/2014/TT-BTC dated January 17, 2014, issued by the Ministry of Finance, guiding certain provisions stipulated in Decree No. 86/2013/NĐ-CP dated July 29, 2013, of the Government on operating electronic games with rewards for foreigners as follows:

"c) Methods of submitting reports shall be carried out according to one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

Article 9. Supplement Clause 4 of Article 13 of Circular No. 101/2017/TT-BTC dated October 4, 2017, issued by the Ministry of Finance, guiding certain provisions stipulated in Decree No. 06/2017/NĐ-CP dated January 24, 2017, of the Government on operating betting on horse racing, dog racing, and international football as follows:

"4. Methods of submitting reports shall be carried out according to one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Submission via email system or specialized information reporting software system;

d) Other methods as prescribed by law."

Article 10. Supplement Clause 4 of Article 13 of Circular No. 102/2017/TT-BTC dated October 5, 2017, issued by the Ministry of Finance, guiding certain provisions stipulated in Decree No. 03/2017/NĐ-CP dated January 16, 2017, of the Government on operating casinos as follows:

"4. Methods of submitting reports shall be carried out according to one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Submission via email system or specialized information reporting software system;

d) Other methods as prescribed by law."

Article 11. Supplement some Articles of Circular No. 86/2017/TT-BTC dated August 15, 2017 of the Ministry of Finance guiding certain provisions of Decree No. 88/2016/NĐ-CP dated July 1, 2016 of the Government on the voluntary supplementary pension program as follows:

1. Supplement Clause 3 of Article 6 as follows:

"3. The method for submitting implementation reports shall be one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Sending through the electronic mail system or specialized information software system;

d) Other methods as prescribed by law."

2. Supplement Clause 3 of Article 7 as follows:

"3. The method for submitting implementation reports shall be one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Sending through the electronic mail system or specialized information software system;

d) Other methods as prescribed by law."

"4. Receiving agency and method of submission of reports:

a) Receiving agency:

Reports prescribed in Clause 2 of this Article shall be submitted to the People's Committee of the province, concurrently sent to the Ministry of Finance, the Department of Finance of the province, and the State Bank branch of the province or city.

b) Methods of submitting reports shall be implemented through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending through the electronic mail system or specialized information software system;

- Other methods prescribed by law."

Article 13. Supplement Point 4.4 of Clause 4 of Article 16 of Circular No. 62/2016/TT-BTC dated April 15, 2016 of the Ministry of Finance guiding the implementation of the Financial Management Regulation for the Vietnam Social Policy Bank issued together with Decision No. 180/2002/QĐ-TTg dated December 19, 2002 and Decision No. 30/2015/QĐ-TTg dated July 31, 2015 of the Prime Minister as follows:

"4.4. Deadline, time for closing data and method of submitting business reports and income and expenditure reports:

a) Reporting deadline:

- Quarterly report: Not later than 30 days from the end of the quarter of the fiscal year.

- Annual report: Not later than 45 days from the end of the fiscal year;

b) Time for closing data for quarterly and annual reports: The starting point for collecting data is the first day of the reporting quarter or year; The ending point for collecting data is the last day of the reporting quarter or year.

c) Method of submitting reports shall be carried out through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

Article 14. Supplement Point 2.3 and Point 2.4 of Clause 2 of Section IX of Circular No. 111/2007/TT-BTC dated September 12, 2007 of the Ministry of Finance guiding the implementation of the Financial Management Regulation for the Vietnam Development Bank as follows:

"2.3. Time for closing data for quarterly and annual reports: The starting point for collecting data is the first day of the reporting quarter or year; The ending point for collecting data is the last day of the reporting quarter or year."

2.3. Methods of submitting reports shall be carried out according to one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Sending through the electronic mail system or specialized reporting information software;

d) Other methods as prescribed by law."

Article 15. Supplement Clause 7 of Article 19 of Circular No. 132/2015/TT-BTC dated August 28, 2015 of the Ministry of Finance guiding the financial management mechanism for the Vietnam Environmental Protection Fund as follows:

"7. Method of submitting implementation reports shall be one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Submission via email system or specialized information reporting software system;

d) Other methods as prescribed by law."

Article 16. Supplement Clause 2 of Article 20 of Circular No. 15/2019/TT-BTC dated March 18, 2019 of the Ministry of Finance guiding the financial management mechanism and assessment of the effectiveness of operations of the Credit Guarantee Fund for Small and Medium Enterprises as follows:

"2. Method of submitting implementation reports shall be one of the following methods:

a) Directly in paper form;

b) Through postal service in paper form;

c) Submission via email system or specialized information reporting software system;

d) Other methods as prescribed by law."

"3. Manage and use security deposits in accordance with the provisions of the law and the provisions of this Circular. Quarterly (before the 25th day of the first month of each quarter) and annually (before March 31 of the following year), the receiving party shall submit reports to the provincial People's Committees, centrally-administered municipal People's Committees, and the Ministry of Natural Resources and Environment regarding the management and use of security deposits according to the attached Appendix to this Circular.

a) Time for compiling report data: The starting point for collecting data is the first day of the reporting quarter or year; the end point for collecting data is the last day of the reporting quarter or year.

b) Methods of submitting reports shall be implemented through one of the following methods:

- Submit directly in paper form;

- Sending via postal service in paper form;

- Sending via email systems or specialized information reporting software systems;

- Other methods prescribed by law."

Article 18. Effective Date

1. This Circular takes effect from November 15, 2020.

2. During the implementation process, if there are difficulties or obstacles, organizations and individuals shall reflect them to the Ministry of Finance for consideration and resolution./.