Chương 4 Nghị định 69/2002/NĐ-CP: Thẩm quyền, trách nhiệm quản lý và xử lý nợ

Chapter IV

COMPETENCE AND RESPONSIBILITY TO MANAGE AND HANDLE DEBTS

Article 18.- Competence to handle debts

1. The Finance Minister:

a) To decide the remission of tax debts and State budget remittance amounts or the conversion of outstanding State budget debts into budget capital allocations as investment support for State enterprises.

b) To decide the handling of debt purchase and sale differences for organizations which have the function of buying and selling outstanding debts and assets regarding the receivable outstanding debts of transformed enterprises, transferred to these organizations for handling under decisions of competent bodies with sources of expense for reform of enterprises.

c) To decide the decrease of capital for independent cost-accounting enterprises under State corporations or ministries, ministerial-level agencies, agencies attached to the Government.

d) To decide on the provision of capital support or the reduction of losses of enterprises with the sources of expense for reform of State enterprises by decisions of the Government.

e) To decide the handling of tax debts for export goods and/or import goods according to the provisions in Article 11 of this Decree.

f) To assume the prime responsibility together with Vietnam State Bank and relevant agencies in guiding and organizing the implementation of debt handling for State enterprises and financial handling for State- run commercial banks when effecting the debt reschedule, debt freezing or debt remission for enterprises according to the provisions of this Decree.

2. The General Director of Customs shall coordinate with the Finance Ministry in considering the handling of tax debts for export goods and import goods according to the provisions of this Decree.

3. The Vietnam State Bank Governor shall assume the prime responsibility and coordinate with the Finance Ministry in guiding and deciding the implementation of debt reschedule, debt freezing, debt remission and the conversion of capital borrowed from banks into equity capital at the transformed enterprises.

4. The ministers, the heads of the ministerial-level agencies or the agencies attached to the Government and the managing boards of the State corporations shall coordinate with the Finance Ministry in handling debts for their attached independent cost-accounting enterprises.

5. The presidents of the provincial/municipal People’s Committees shall consider and decide on capital decrease and debt handling for independent cost-accounting enterprises under the provinces or centrally-run cities.

Article 19.- Responsibility to manage and handle debts

1. Enterprises shall have the responsibility to draw up the Regulations on management of the units debts, open debt-monitoring books according to the current regimes, assign officials to manage the debts, regularly make comparisons, urge and actively seek every measure to recover debts, timely repay due debts without letting the debt arrearage to reoccur.

2. Where the overdue receivable debts cannot be recovered, the enterprises shall have to analyze the subjective and objective causes thereof, determine the responsibilities of individuals and collectives for material compensations. If they are not handled yet due to contractual disputes, the enterprises representatives at law shall have to seek measures for definite settlement thereof. The enterprises shall have to make deductions for setting up debt reserves for receivable bad debts and handle receivable debts which cannot be recovered under the provisions of this Decree.

3. Debt amounts which have arisen after December 31, 2000 must be settled definitely by enterprises when the debts turn due without letting them to be outstanding. The enterprises representatives at law shall have to bear responsibility for the arising of outstanding debts. Particularly for receivable bad debts, the enterprises shall have to actively handle them according to the provisions of law, without leaving them unsettled for more than 3 years.

4. The managing boards or directors (for enterprises without the managing boards) shall handle overdue receivable debts, which cannot be recovered, according to the above provisions and bear responsibility before law for their handling. For transformed enterprises, the handling of the reduction of their values, the reduction of the value of the State capital portions at enterprises must be reported by the enterprise directors to the State bodies competent to decide the values of enterprises for decision according to regulations.