Chapter I
GENERAL PROVISIONS
Article 1.- Application scope and objects
1. This Decree prescribes the handling of outstanding debts and the debt management mechanism as well as the responsibility to repay debts of State enterprises.
2. This Decree shall apply to:
a) The State enterprises which are operating under the provisions in Article 1 of the State Enterprise Law.
b) The State enterprises which are carrying out procedures for transformation ( put on the list of those to be equitized, assigned, sold, business contracted, leased or transformed into one-member limited liability companies) by decisions of competent State bodies (hereinafter called the transformed enterprises for short).
The State-run commercial banks shall be governed by separate regulations.
Article 2.- Outstanding debts
1. The outstanding debts mentioned in this Decree shall be construed as the receivable debts and payable debts, which have become overdue and cannot be repaid though the enterprises have applied various handling measures such as comparison for certification, urging of repayment.
2. The outstanding debts include:
a) State budget debts.
b) Debts owed to commercial banks.
c) National Reserve debts.
d) Social insurance debts.
e) Debts owed to organizations and individuals outside the enterprises and officials and employees inside the enterprises.
f) Other debts.
Article 3.- Scope of handling of outstanding debts
1. For operating State enterprises: The handling scope shall cover the outstanding debts up to December 31, 2000. The outstanding debts which arise after December 31, 2000 must be repaid or recovered by the enterprises themselves.
2. For State enterprises subject to transformation: The handling scope shall cover the outstanding debts up to the time of transformation. The outstanding debts which arise after the time of transformation shall be repaid or recovered by the enterprises themselves.
Article 4.- Debt-handling requirements and principles
1. Enterprises have the responsibility to compare, certify and classify debts, urge the recovery thereof and actively handle the outstanding debts including the accounts receivable and debts repayable under the provisions of this Decree.
2. The order of priority for mobilization of sources for handling the outstanding debts of State enterprises:
a) State enterprises sources of receivable bad debt reserve set up through annual deductions.
b) Annual business profits of State enterprises, which are accounted into business expenses or income of the enterprises, depending on each debt.
c) Amounts subtracted from profits or capital of creditors in cases of debt freezing, debt reschedule or debt remission.
d) Amounts subtracted from the value of the State capital portion at enterprises.
e) The sources of expense for reform of State enterprises and the system of commercial banks in the 2001-2003 period under Decision No. 92/QD-TTg of January 29, 2002 of the Prime Minister.
3. For debts which cannot be recovered or cannot be repaid, first of all, the enterprises shall have to find by themselves every handling measure, share difficulties between creditors and debtors to handle them through forms of debt freezing, debt reschedule, debt remission and debt purchase and sale; cases falling beyond their handling capabilities and competence must be reported by the enterprises to competent bodies for measures to support the settlement.
4. The enterprises which are carrying out procedures for transformation shall be entitled to immediately handle the outstanding debt amounts in conformity with the mechanism for transformation of State enterprises.
5. The debt handling measures must be applied synchronously on the basis of reorganizing and raising the efficiency of, the enterprises in order to obtain sources for debt repayment with a view to making healthy and stabilizing for long-term the enterprise finance.
Tìm kiếm
Nghị định 69/2002/NĐ-CP (Bản Word)