✦ Tóm lược thông minh
Joint Circular No. 97/1997/TTLT-BTC-BGTVT guides financial management regulations for state-owned enterprises operating public services in the Inspection sector, applicable from 1998. It provides detailed provisions on capital investment, capital raising, asset utilization and disposal, financial results, financial plans, and financial report auditing.
Đối tượng áp dụng
The Vietnam Vehicle Inspection Agency and inspection units under the Transport Departments and Local Transport and Public Works Departments, determined by competent authorities to be state-owned enterprises operating public services (referred to collectively as public service inspection enterprises).
Các điểm cốt lõi
- Public service inspection enterprises are provided with initial registered capital by the State, not less than the statutory minimum for constructing and purchasing assets.
- When there is a genuine shortage of capital relative to public service tasks, the enterprise may be considered for tax reduction or additional capital investment from other sources.
- The enterprise may raise capital through the Vietnam Bank in accordance with the law and must comply with specific conditions.
- The enterprise is responsible for maintaining accounting records to monitor assets and capital, truthfully reflecting the usage and changes in assets during operations.
- Financial results of the enterprise are processed based on the principle of cost recovery, profit distribution in a specific order.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Improving the efficiency of financial management and enhancing the quality of inspection services.
- Negative impact: The burden of capital-raising procedures and asset management may cause difficulties for the enterprise.
❓ Câu hỏi thường gặp
How much initial capital is provided to public service inspection enterprises?
Public service inspection enterprises are provided with initial registered capital by the State, not less than the statutory minimum for constructing and purchasing assets.
When can the enterprise raise capital?
When there is a need to raise capital, joint ventures, mortgage land use rights attached to assets under the unit's management at Vietnamese banks to borrow funds for public service activities in accordance with the law.
Can the enterprise invest outside the enterprise?
Yes, but it must prepare a capital contribution plan or provide explanations about joint venture projects to the State Capital and Asset Management Authority at the participating enterprise for comments before submitting to the head of the establishment authority for approval.
What is the interest rate for raising capital?
The interest rate for raising capital recorded in the production and service costs of the enterprise shall not exceed the ceiling lending rate announced by the State Bank of Vietnam during the period of capital raising in the same industry.
How can the enterprise use state-invested capital for money market operations?
Not allowed, the enterprise cannot use state-invested capital for money market operations such as buying bonds, bills, savings deposits...
Toàn văn
JOINT CIRCULAR
Guidelines on financial management for state-owned enterprises operating public services in the Inspection Industry
Pursuant to Decree No. 56/CP dated October 2, 1996 of the Government on state-owned enterprises operating public services, Circular No. 06 TC/TCDN dated February 24, 1997 of the Ministry of Finance guiding the financial management regime for state-owned enterprises operating public services, based on the characteristics of the activities of the Vietnam Inspection Industry, the Ministry of Finance and the Ministry of Transport issue guidelines on financial management for state-owned enterprises operating public services in the Vietnam Inspection Industry as follows:
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
Article 1. The subjects to which this Circular applies are: The Vietnam Inspection Agency and inspection units under the provincial Department of Transport, local Department of Transport and Communications that have been decided by competent authorities to be state-owned enterprises operating public services (referred to collectively as public service inspection enterprises).
Article 2. Public service inspection enterprises shall be responsible for using capital and resources allocated by the State to perform inspection work according to current fee and price lists prescribed by the State.
Article 3. In addition to assigned public service tasks, public service inspection enterprises have the right to utilize land, capital, and State assets after completing their public service tasks and raising capital to organize scientific and technical services, consulting services suitable to the enterprise's capacity and market demand subject to the following conditions:
- They obtain written approval from the authority deciding the establishment of the enterprise.
- It does not affect the performance of inspection work assigned by the State.
- Registering additional business lines in accordance with current regulations.
- They separately account for the additional business operations.
- They fulfill tax obligations for the additional business operations according to the law.
Chapter II. MANAGEMENT AND USE OF CAPITAL AND ASSETS.
1. Capital Investment.
Public service inspection enterprises shall be provided with sufficient initial charter capital, not less than the statutory capital prescribed by the State, to construct, purchase, and equip fixed and circulating assets appropriate to the scale and assigned tasks.
Public service inspection enterprises currently in operation, if truly lacking capital compared to the public service tasks assigned by the State (after mobilizing existing capital within the unit), shall be supplemented by the State as follows:
- For public service inspection enterprises making profits, tax income can be reduced to supplement the unit's capital in accordance with the law.
- For public service inspection enterprises not making profits or still lacking capital after considering a tax reduction, they may be considered for additional capital investment by the State.
Procedures for basic construction investment and circulating capital for public service inspection enterprises shall be carried out according to State regulations.
2. Capital Mobilization.
Article 2.1. When there is a need to raise capital, seek joint venture investment, mortgage the value of land attached to assets under the unit's management at Vietnamese banks to borrow funds for public service activities in accordance with the law, public service inspection enterprises must prepare specific plans to submit to the State Capital and Asset Management Authority at the enterprise for comments before submitting to the head of the authority deciding the establishment of the unit for approval.
Article 2.2. In cases where public service inspection enterprises organize business activities outside the assigned public service tasks, the enterprise may borrow from credit organizations (commercial banks, finance companies, etc.), other enterprises, individuals (including employees of the enterprise) to serve business operations, but must comply with legal provisions and not change ownership forms.
Article 2.3. Interest rates on raised capital recorded in production and service costs of the enterprise shall not exceed the ceiling interest rate for loans announced by the State Bank of Vietnam during the period of capital raising in the same industry.
Article 2.4. When raising capital, the enterprise must carefully consider economic efficiency, ensure the proper and effective use of raised capital, and not use short-term loans for construction investments. The enterprise must repay principal and interest according to the agreed terms when raising capital.
The head of public service inspection enterprises shall be responsible to the State for preparing capital mobilization plans, using capital improperly or ineffectively leading to capital losses.
Article 3. Investment of capital outside the enterprise
Article 3.1. When there is a need to use capital, assets, land value, or rental fees for external investment, public service inspection enterprises must prepare a capital contribution plan or explain the joint venture project to submit to the State Capital and Asset Management Authority at the enterprise for comments before submitting to the head of the authority deciding the establishment of the enterprise for approval.
Article 3.2. Investment of capital outside the enterprise shall not affect the assigned public service tasks, must comply with legal provisions, and ensure principles of effectiveness, preservation, and development of capital, increasing income. When using land value for external investment, it must be carried out in accordance with the provisions of the Land Law.
3.3 Public service inspection enterprises shall not use State-invested capital for monetary transactions such as purchasing bonds, bills, savings deposits...
Article 3.4. Public service inspection enterprises are not permitted to invest in businesses not owned by the State where the managers, operators, or main owners are the spouse, parent, or child of the enterprise's General Director.
Article 4. Public service inspection enterprises are responsible for maintaining accounting books accurately recording all current assets and capital according to the current accounting and statistical regulations; truthfully and promptly reflecting the situation of asset and capital usage and changes during the operation process.
5. Transfer, liquidation, leasing, pledging, and mortgaging of assets.
5.1. The public utility inspection enterprise may sell off or liquidate unused or obsolete technical assets to recover funds for more effective business purposes.
When selling or liquidating assets, the enterprise must establish an evaluation board for technical assessment and valuation of assets and organize auctions in accordance with the law. The difference between the proceeds from the sale or liquidation of assets and the remaining book value of the sold or liquidated assets and the costs of sale or liquidation shall be recorded in the business results.
Article 5.2. Major machinery, equipment, and assets essential to the operation of public service inspection enterprises when sold or liquidated must be approved in writing by the authority deciding the establishment of the enterprise and the State Capital and Asset Management Authority at the enterprise.
Article 5.3. For assets leased to enhance utilization efficiency and increase revenue, public service inspection enterprises must still accrue depreciation according to prescribed regulations, must monitor and recover assets upon lease expiration.
Article 5.4. Assets pledged or mortgaged for borrowing from credit institutions must be carried out strictly in accordance with the procedures and formalities stipulated by law.
Public service inspection enterprises are not allowed to pledge, mortgage, or lease borrowed, rented, held-in-custody, or mortgaged assets from other enterprises without the consent of the owners of those assets.
6. Handling asset losses.
Asset loss handling shall follow the following principles:
- If due to subjective reasons, the person responsible must bear the responsibility for compensation.
- If due to objective reasons, for insured assets, compensation will be provided by the insurance organization.
- The remaining loss (after deducting the compensation amount from the person causing the loss and the insurance company's compensation) of the public utility enterprise Inspection shall be covered by the financial reserve fund (if available); if insufficient, it shall be recorded as business expenses.
- In cases of property losses due to force majeure reasons (natural disasters, fires...), the head of the public utility enterprise Inspection shall develop a plan and report to the financial authority. The financial authority shall discuss with the authority that established the enterprise to decide on handling or report to the Prime Minister for decision.
After processing the loss, the public utility enterprise Inspection must adjust its accounting books according to the handling decision.
7. Capital transfer, responsibility for capital preservation, asset revaluation, and management of receivables and payables shall be conducted in accordance with the provisions applicable to state-owned enterprises engaged in business activities.
III. FINANCIAL RESULTS AND HANDLING OF THE PUBLIC UTILITY INSPECTION ENTERPRISE'S RESULTS
A. FINANCIAL RESULTS
1. Revenue of the public utility enterprise Inspection includes revenue from inspection activities, revenue from business operations, and other activities.
1.1. Revenue from inspection activities includes income from fees, price ranges, and charges prescribed by the State from the following activities:
- Ship inspection according to the contents stipulated in Decision No. 203/TTg dated December 28, 1992 of the Prime Minister on ship inspection in Vietnam.
- Inspection of road transport vehicles, railway equipment, inland waterway vessels, and lifting equipment.
- Inspection of offshore drilling platforms and floating units.
- Container inspections used in the transportation industry.
- Inspection of various types of containers used in the transportation industry.
- Review of technical design projects for the manufacture, assembly, and modification of transport vehicles and equipment, offshore drilling platforms.
- Issuing inspection certificates, quality certificates of goods, and technical safety certificates of transport vehicles under the responsibility of Vietnamese law and international treaties to which Vietnam is a party.
- Inspecting and issuing certificates for technical safety management systems of enterprises whose products fall within the scope of technical inspections conducted by the Vietnam Inspection Agency, in accordance with Vietnamese law and related international treaties (ISM) to which Vietnam is a party.
- Income from joint ventures and cooperation with foreign inspection organizations. The income from joint ventures and cooperation depends on agreements between the Vietnam Inspection Agency and foreign inspection organizations or through international bidding.
- Income from cooperation and collaboration with foreign inspection organizations.
1.2. Revenue from business operations and other activities includes scientific and technical services, consulting services, and other production and business activities applicable to state-owned enterprises engaged in business operations.
1.3. The public utility enterprise Inspection is responsible for maintaining complete records of all sources of income generated in accordance with the regulations of the State. In cases where special receipts or invoices are used, they must be registered with the Ministry of Finance (General Tax Department).
2. The costs of the public utility enterprise Inspection include inspection activity costs, business operation costs, and other activities.
2.1. The contents of expenses for inspection activities include:
- Material costs, fuel, energy consumption during the inspection process; actual replacement parts used.
- Depreciation costs of fixed assets: All fixed assets of the public utility enterprise Inspection must be utilized in production and business activities and depreciation must be fully accrued in accordance with the regulations of the State to recover capital. After full recovery of capital, if the fixed assets are still in use, the enterprise does not need to accrue depreciation but must manage and use them in accordance with current regulations.
- Labor costs, wages, and allowances of a wage nature must be paid to workers and staff performing inspection, fee collection, and management tasks in accordance with the prescribed regulations.
- Contributions to social insurance, health insurance, trade union funds of the enterprise according to current state regulations.
- External service costs such as electricity, water, telephone, fax, outsourced repair and maintenance of fixed assets (SCTX&SCL), auditing, payment for technical documentation, patents, technology licenses, asset insurance, files, forms, circulation permits, and other external services.
- Purchase costs for individual machinery, equipment, working tools (not yet meeting the criteria for fixed assets) directly serving inspection work.
- Inspection service costs such as travel expenses, mission expenses, rental fees for fixed assets, land rental fees, working location rental fees, protective clothing expenses, research and development expenses, compilation and printing of procedures, norms, standards, technical documents, innovations, training, and education expenses aimed at improving inspector skills and management knowledge, transportation expenses for incoming and outgoing delegations in accordance with prescribed regulations, bank loan interest payments, administrative management expenses...
- Costs for foreign inspection organizations, domestic affiliated units, and cooperative units.
- Accident investigation costs.
- Other monetary costs such as reception, ceremonial, conference, transaction, diplomatic... expenses, the maximum level not exceeding the state's regulations.
Expenses for raw materials, purchased services, reception, ceremonial, conference... must have valid invoices and receipts according to the Ministry of Finance's regulations.
2.2. The contents of business operation costs and other activity costs are implemented according to the regulations applicable to state-owned enterprises engaged in business operations.
3. The public utility enterprise Inspection may use revenue to offset expenses, including:
- Inspection activity revenue is used to cover public utility operation costs, taxes, and other revenues of the State as prescribed by law (excluding corporate income tax).
- Business operation revenue and other activity revenues are used to cover business operation costs, other activity costs, taxes, and other revenues of the State as prescribed by law (excluding corporate income tax).
The public utility enterprise Inspection must ensure profitability in organizing business operations and cannot use profits from public utility activities to cover losses from business operations.
B. FINANCIAL RESULT HANDLING
1. For public utility enterprises Inspection that achieve profits in a year (including business and other activity profits), distribution shall be carried out in the following order:
a. Pay corporate income tax as required by law.
b. Deduct fines for disciplinary violations, administrative violations, breach of contract penalties, overdue debt penalties, and legitimate expenses not deducted when determining taxable income.
c. Deduct losses not deducted from pre-tax profits.
d. Distribute profits to capital contributors according to the business cooperation contract (if any).
e. The remaining profit after deducting items a, b, c, and d, the Inspection shall establish funds at the following rates:
- Development investment fund: minimum contribution rate of 50%.
- Financial reserve fund: contribution rate of 10%, the balance of this fund shall not exceed 25% of the statutory capital.
- Contribution to two reward and welfare funds up to a maximum of three months' actual salary if the reported annual budget submission exceeds the previous year, and two months' actual salary if the reported annual budget submission is equal to or lower than the previous year. The contribution ratio to each fund is decided by the head of the public utility enterprise Inspection after consulting with the trade union.
After deducting items a, b, c, d, the development investment fund, and the financial reserve fund, if the remaining profit after contributing to the two reward and welfare funds at the prescribed rate is surplus, the entire remaining profit shall be transferred to the development investment fund; if the contribution to the two reward and welfare funds at two months' actual salary is insufficient, the public utility enterprise Inspection shall be provided with the shortfall by the State.
2. For the public utility enterprise Inspection, if inspection revenue is insufficient to cover reasonable expenses, after using 50% of the profit from business operations and other activities to cover the deficit, if there is still a loss, the State will support as follows:
- Subsidize the remaining loss.
- Provide two reward and welfare funds equal to 2 months' actual salary of the public utility enterprise Inspection.
The remaining profit from business operations and other activities shall be allocated to the development investment fund at 80% and the financial reserve fund at 20%.
3. Procedures, timing for establishing and purposes of using funds of public utility enterprises Inspection shall be carried out as for state-owned enterprises engaged in business operations.
IV. FINANCIAL PLAN
1. Annually, based on assigned tasks and financial agency guidelines, the Public Enterprise Inspection shall prepare production plans, financial income and expenditure plans, budgetary subsidy and price support plans, and report them to the enterprise establishment authority and the same-level financial agency. The enterprise establishment authority shall approve these plans, consolidate reports for competent authorities, and related financial agencies.
2. Within the approved annual financial plan and budgetary subsidy and price support plan, the head of the enterprise establishment authority shall allocate the budget and assign plans to the Public Enterprise Inspection and send them to the same-level financial agency for coordination.
The Public Enterprise Inspection, with its affiliated units responsible for allocating assigned plans to those units and sending them to local financial agencies where the units are located for coordinated monitoring and management of revenues, expenditures, and tax payments according to state regulations.
V. ACCOUNTING AUDIT, FINANCIAL REPORTING AND FINANCIAL DISCLOSURE
1. Preparing financial reports.
Quarterly and annually, the Public Enterprise Inspection is responsible for preparing financial statements in accordance with current regulations and submitting them to the enterprise establishment authority, tax agency, state-owned capital and asset management agency at the enterprise, statistical agency, and the head of the Public Enterprise Inspection shall be accountable to the state and law for the accuracy and truthfulness of the financial statements.
2. Accounting audit and financial reporting review.
- Quarterly and annually, public utility enterprises Inspection shall be responsible for self-auditing accounting and financial reports.
- The enterprise establishment authority of the Public Enterprise Inspection shall take the lead and coordinate with the state-owned capital and asset management agency at the enterprise to organize the review and approval of the annual financial statements of the enterprise.
- Financial authorities shall have the duty to inspect compliance with financial systems, accounting practices, revenue and budget payment discipline, and the accuracy and truthfulness of financial reports.
- Violations of accounting systems, financial income and expenditure systems, tax payment systems, and fund allocation and utilization systems of the Public Enterprise Inspection shall be subject to administrative and economic penalties as prescribed by law.
3. Public disclosure of annual financial reports.
- Based on the annual financial report approved by the competent authority, the Public Enterprise Inspection shall publicly disclose certain financial expenditures before the Workers' and Staff Congress of the enterprise.
- The contents of the financial indicators to be publicly disclosed are specified in the annex attached to this Circular.
VI. IMPLEMENTATION PROVISIONS
1. In addition to the specific provisions for the Public Enterprise Inspection in this Circular, the Public Enterprise Inspection shall also comply with other legal provisions applicable to state-owned enterprises.
2. This Circular takes effect from January 1, 1998. All previous regulations concerning the financial management system for state-owned enterprises engaged in public services in the Inspection sector that conflict with this Circular are hereby abolished.
3. During implementation, any difficulties should be promptly reported to the Ministry of Finance and the Ministry of Transport for study and appropriate amendments and supplements.
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97/1997/TTLT-BTC-BGTVT
Joint Circular No. 97/1997/TTLT-BTC-BGTVT guiding financial management regulations for state-owned enterprises operating public services in the Inspection sector.
Expired
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Thông tư liên tịch số 97/1997/TTLT-BTC-BGTVT Hướng dẫn chế độ quản lý tài chính đối với doanh nghiệp Nhà nước hoạt động công ích trongngành Đăng kiểm
한국어
통일부령 제97/1997/TTLT-BTC-BGTVT는 공익사업을 수행하는 국가기업체의 재무관리 제도에 관한 지침을 제공하며, 이는 검사업무를 담당하는 업계에 적용됩니다.
中文
联合通知第97/1997/TTLT-BTC-BGTVT号关于国家企业从事公益事业的检验行业财务管理规定的通知