Circular No. 09/2015/TT-BTC dated January 29, 2015 of the Ministry of Finance guiding financial transactions of enterprise prescribed in the Article 6 of the Decree No. 222/2013/ND-CP dated December 31, 2013 of the Government providing for cash payment

THE MINISTRY OF FINANCE

Circular No. 09/2015/TT-BTC dated January 29, 2015 of the Ministry of Finance guiding financial transactions of enterpriseprescribed in the Article 6 of the Decree No. 222/2013/ND-CP dated December 31, 2013 of the Governmentproviding for cash payment

Pursuant to theDecree No. 215/2013/ND-CP dated December 23, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to theDecreeNo. 222/2013/ND-CP dated December 31, 2013 of the Government providing for cash payment;

At the proposal of theDirector of the Corporate Finance Department;

The Government promulgatesthe Circular No. 09/2015/TT-BTC dated January 29, 2015 of the Ministry of Finance guiding financial transactions of enterpriseas stipulated under Article 6 of the Decree No. 222/2013/ND-CP dated December 31, 2013 of the Governmentproviding for cash payment,

Article 1. Scope of application

This Circular guides the form of payment of business transactions in the capital contribution and sale, transfer of capital to other businesses; and forms of payment of enterprises other than credit institutions in relation to borrowing, lending and loan each other on the territory of Vietnam.

Article 2. Subjects of application

Enterprises and organizations are in relation to transactions as stipulated under Article 1 of this Circular.

Article 3.  Mode of payment transactions in capital contribution and sale, transfer of capital to other enterprises

1. Enterprises do not use cash (banknotes and coins issued by the State Bank released) to perform payment transactions as capital contribution and sale, transfer of capital to other businesses.

2. When conducting transactions of capital contribution and sale, transfer of capital to other enterprises, businesses use the following forms:

a) Payment by check;

b) Payment by debit authorizations - transfers;

c) The payment method is not appropriate to use other cash under current regulations.

3.  Enterprises conducting business transactions and purchases of capital contribution, transfer of capital to other businesses with assets (other than cash) shall comply with the law on enterprises.

Article 4. Loan transactions, loans and loan mutual businesses of enterprises other than credit institutions payments

1. Enterprises other than credit institutions (are business that are not established, organized and operating under the provisions of the Law on credit Institutions) while performing loan transactions, loans and loan each other using the payment methods specified in paragraph 2 of Article 3 of this Circular .

2. Businesses are not credit institutions when making lending transactions, loans and loan mutual asset (other than cash), except for the debts and liabilities transferred comply with the provisions of Business law.

Article 5. Implementation organization

1. This Circular takes effect on March 17, 2015.

2. Enterprises violating regulations on financial transactions specified in this Circular shall be handled in accordance with applicable law.

3. Any problems arising in the course of implementation should be reported to the Ministry of Finance for consideration and settlement.

For the Minister

Deputy Minister

Tran Van Hieu