Chapter II
DEALING WITH FINNANCIAL ISSUES AT THE TIME OF VALUATION OF TRANSFORMED PUBLIC NON-BUSINESS UNITS
Article 7. Inventory and classification of assets
1. When receiving the decision on transformation from the competent authorities, the parent company, economic group or state corporation shall carry out the handover of their assets, capital, land use right, interests, obligations and responsibility associated with their activities to the public non-business units.
2. The public non-business units shall re-make the financial statement and carry out the audit at the time of valuation of their units and submit it to the competent authorities for approval.
3. The public non-business units shall carry out inventory and classification of assets under management and in use; prepare the list of defined quantity, quality and value of existing assets under their management and in their use (including the assets as land use right, patent, scientific research ...); inspect cash fund and compare the banking deposit balance; determine the surplus or deficit compared with that in accounting book.
4. Compare, confirm and classify public debts: The public non-business units shall make comparison, confirmation and classification of public debts and prepare detailed list of each debtor and creditor under the provisions:
a) Debt receivable:
- Comparing and confirming all debts receivable (including due, undue and overdue debts).
- Clearly analyzing bad debts and doubtful debts. The debts receivable which cannot be recovered must have evidencing documents of uncollectibility.
- For the pre-payments to the services and goods supplier such as house rental, land rental, goods purchase and remuneration, they should be compared with contract and volume of supplied services and goods to be included in the value of the transformed public non-business units.
b) Debts payable includes loan, tax and the payables to the state budget: Based on the contract, debit note, make comparison and prepare list of debts with each creditor; define other tax debts and the payable to the state budget; specifically analyse loan debts under contract, current loans, undue loans, overdue loans, original debts, debts with unpaid interests, debts payable but not to be paid.
Other debts payable but not to be paid shall be determined in accordance with the current regulations of the State.
Article 8. Financial handling
On the basis of result of inventory and audited financial statement approved by the competent authorities, the units shall coordinate with the relevant organs to handle their financial problems as prescribed by law before valuating the public non-business units and the state capital at their units. In case of problems or beyond authority, make a report to the competent authorities for consideration and settlement.
Assets and public debts are handled by the following principles:
1. For lost or diminished assets: The units shall determine the reasons and responsibility of individuals and groups and require compensation as prescribed by law. The difference (if any) between the remaining value of assets and compensation of the relevant individuals and groups are accounted in the operational costs of the units.
2. For the surplus assets, if the reasons cannot be defined or the owner cannot not be found, record the increase of actual value of state capital.
3. For assets without the need to use, undisposed stagnant assets, the units shall establish Committee to carry out the procedures for disposal and sale under regulations. The disposal and sale of assets shall be done through public auction under the current regulation of the State. The revenues and expenses of disposal and sale of assets shall be accounted in the revenues and expenses of the units. Where the time of valuation of public non-business units has come without handling, the authorities having the authority to announce the value of such units shall consider and decide the exclusion from the value of units and make transfer to parent company, economic group or state corporation or the Debt and Asset Trading Corporation for handling under regulation.
4. For public welfare works (kindergarten, nursery and other public welfare assets) invested by reward fund or welfare fund which shall not be included in the value of public non-business units; the joint-stock companies shall assume the management and use for employee’s welfare purposes. For area of house and land allocated as housing for staff, if the conditions are met under the Land Law and its guiding documents, the units shall carry out the procedures for transfer to the local land and house organs for management under the current regulation.
5. Assets used for operation of units invested by the reward fund and welfare fund shall be included in the value of public non-business units and the joint-stock companies shall continue to use them. The joint-stock companies must return the capital corresponding to the value of such assets to the reward fund and welfare fund to be divided to the staff at the time of valuation of units based on the staff seniority.
6. The balance in cash of the reward fund and welfare fund, after offsetting the expenditures exceeding the benefits for staff, shall be divided to the staff at the units at the time of their valuation based on the staff seniority.
7. For debts receivable and payable
a) The debts receivable but uncollectible shall be handled under the current regulations on bad debts.
b) The debts payable but not to be paid shall be accounted as state capital increase at the units.
8. For the fund from the state budget, parent company, economic group and state corporation.
a) To carry out the technological and scientific researches, capital construction investment projects and equipment procurement approved by the competent authorities that are under the progress, unfinished or not yet done: To the time of official transformation into joint-stock companies, the non-business units shall continue to be funded by the state budget or parent company, economic group and state corporation for implementation. Such fund shall be recorded as the increase in state capital invested in the joint-stock companies. The joint-stock companies must adjust their charter capital under the provisions of the Enterprise Law.
b) To provide training and retraining for cadres and official and national target program: the non-business units shall implement it to the time of official transformation to joint-stock companies. The remaining or unused fund shall be transferred to the state budget or parent company, economic group and state corporation. The fund allocated by the state budget shall be finalized under the provisions of the Budget Law.
9. For public non-business units with revenues from the provision fund to stabilize their income but not yet used up to the time of transformation into joint-stock companies, this amount shall be divided to the their staff at the time of valuation of public non-business units based on their seniority.
Tìm kiếm
Quyết định 22/2015/QĐ-TTg (Bản Pdf)
Quyết định 22/2015/QĐ-TTg (Bản Word)