Circular No. 06/2013/TT-BTC dated January 09, 2013 of the Ministry of Finance guiding the financial regime for microfinance institutions

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Circular No. 06/2013/TT-BTC dated January 09, 2013 of the Ministry of Finance guiding the financial regime for microfinance institutions
Issuing body: Ministry of FinanceEffective date:
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Official number:06/2013/TT-BTCSigner:Tran Xuan Ha
Type:CircularExpiry date:
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Issuing date:09/01/2013Effect status:
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Fields:Finance - Banking

SUMMARY

REGULATING THE COST MANAGEMENT FOR MICROFINANCE INSTITUTIONS

On January 09, 2013, the Ministry of Finance issued the Circular No. 06/2013/TT-BTC on guiding the financial regime for microfinance institutions. One of the most notable contents is regulation on the regime of commission costs.

Under this Circular, for the brokerage expenses for asset rental (including assets foreclosed, assets used as payment for debt): Broker spending level to rent out assets of the microfinance institutions must not exceed 5% of all proceeds from the asset leasing brought by the brokerage during the year. For the expenses for brokerage of selling assets mortgaged, pledged: spending level for brokerage commission to sell assets mortgaged, pledged of the microfinance institutions must not exceed 1% of the actual value obtained from the sale of assets through brokerage.

Those entitled to brokerage commissions are the organizations and individuals (domestic and foreign) to provide brokerage services to the microfinance institutions. Brokerage commissions are not be applied to the subjects as agents of the microfinance institutions, the customers designated, the titles of management, employees of the microfinance institutions. The expense for brokerage commissions of the microfinance institutions must be linked to economic efficiency brought by the brokerage. The microfinance institutions are based on guidelines of brokerage commission costs of the Finance Ministry.

Besides, the Circular also regulated that, during the operation, business, the microfinance institutions must remain limited investment in the construction, procurement of fixed assets in direct service to the business by the principle of: residual value of fixed assets shall not exceed 50% of the charter capital and additional reserve fund for charter capital of the microfinance institutions. For real estate’s held temporarily by the microfinance institutions to sell, transfer to withdraw funds, the microfinance institutions shall not account increase of assets, shall not depreciate.

This Circular takes effect from February 25, 2013.
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Effect status: Known

MINISTRY OF FINANCE

Circular No. 06/2013/TT-BTC dated January 09, 2013 of the Ministry of Finance guiding the financial regime for microfinance institutions

Pursuant to the Law on Enterprises dated November 29, 2005;

Pursuant to the Law on Credit Institutions dated June 16, 2010;

Pursuant to the Decree No.57/2012/ND-CP dated 7/20/2012 of the Government on financial regime for the credit institutions and foreign bank branches;

Pursuant to the Decree No.118/2008/ND-CP dated 11/27/2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of Finance on Banks and Financial Institutions;

The Minister of Finance issues the Circular to guide the financial regime for microfinance institutions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides a number of Articles on financial regime for the microfinance institutions in Vietnam.

Financial activities of the microfinance institutions shall comply with the provisions of the Law on Credit Institutions dated June 16, 2010 (herein referred to as the Law on Credit Institutions); the Decree No.57/2012/ND-CP dated July 20, 2012 of the Government on the financial regime for the credit institutions and foreign bank branches (in the Circular referred to as the Decree No.57/2012/ND-CP); specific guidance in this Circular and other related legal documents on financial management.

Article 2. Application subjects

This Circular applies to the microfinance institutions in Vietnam that were established, organized and operating under the Law on Credit Institutions.

Chapter II

SPECIFIC PROVISIONS

Article 3. Capital of the microfinance institutions

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VIETNAMESE DOCUMENTS

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ENGLISH DOCUMENTS

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