Chương 5 Nghị định 53/2013/NĐ-CP: Tài chính, kế toán và chế độ báo cáo

Chapter V

FINANCE, ACCOUNTING, AND REPORTING REGIME

Article 23. Finance mechanism and accounting regime of Asset Management Company

1. Revenues of Asset Management Company include:

a) Revenues from debt repayment;

b) Revenues from the sale of debts and collateral;

c) Revenues from financial investment, capital contribution, and share acquisition;

d) Collection of fees and commission from giving advices, brokering the sale and settlement of debts and assets;

dd) Revenues from the lease and use of assets;

e) Revenue from financial activities;

g) Irregular revenues;

h) Collection of asset auction fees;

i) Other revenues

2. Expenditures of Asset Management Company include:

a) Expenditures on buying debts;

b) Expenditures on debt collection;

c) Expenditures on giving advices, brokering the sale and settlement of debts and assets;

d) Expenditures on the sale debts, shares, and transfer of contributed capital;

dd) Expenditure on the maintenance, investment, repair, and upgrade of assets;

e) Expenditure on making provisions for the bad debts purchased at market prices; for investments, funding, and guarantee as prescribed in Clauses 3 and 4 Article 17 of this Decree.

g) Expenditures on wages, bonus, and benefits for employees as prescribed in Point a Clause 6 of this Article;

h) Expenditure on asset auction;

i) Administrative expense

k) Expenditure on interest on loans;

l) Expenditure on assets;

m) Other expenditures.

3. The distribution of profits and establishment of funds of Asset Management Company shall comply with law.

4. The Ministry of Finance shall provide guidance on making and using provisions for investments, funding, guarantee; revenues, expenditures, profit distribution, establishment and use of funds of Asset Management Company prescribed in Clauses 1, 2, and 3 of this Article.

5. Asset Management Company shall include the provisions in the operating cost and use the provisions for the bad debts purchased at market prices as prescribed by the State bank.

6. Asset Management Company may apply some special financial mechanism below:

a) The mechanism for wages, bonus, and benefits applicable to state-owned enterprises that is suitable for the operation of Asset Management Company;

b) Provisions for the bad debts purchased with special bonds and receivables collected from credit institutions are exempt;

c) The regulations on investments made by state-owned enterprises in other sectors are not applicable to Asset Management Company.

7. Asset Management Company shall do the accounts under the guidance of the State bank.

Article 24. Openness, transparency, and accounting regime of Asset Management Company

1. Asset Management Company shall disclose:

a) Its annual financial statements that are audited by independent auditors;

b) The procedures and methods for valuating debts and assets;

c) The procedures and methods for selling debts and assets;

d) The sale of debts and assets;

dd) Other issues prescribed by the State bank.

2. Asset Management Company shall provide debt buyers and asset buyers with necessary information about the debts and assets Asset Management Company intends to sell.

3. Asset Management Company shall provide the information prescribed in Clause 1 of this Article in the following ways:

a) Holding a press conference;

b) Posting it on the website of Asset Management Company;

c) Posting it at the head office of Asset Management Company and locations where debts and assets are sold;

d) Broadcasting;

dd) Publishing in the form of documents and publications.

4. Asset Management Company shall comply with the reporting regime in accordance with law and guidance of the State bank.