Circular No. 09/2015/TT-BTC guiding Article 6 Decree No. 222/2013/ND-CP on cash payment

CIRCULAR

GUIDING ENTERPRISES’ FINANCIAL TRANSACTIONS SPECIFIED IN ARTICLE 6 OF THE GOVERNMENT’S DECREE NO. 222/2013/ND- CP OF DECEMBER 31, 2013, ON CASH PAYMENT

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

Pursuant to the Government’s Decree No. 222/2013/ND-CP of December 31, 2013, on cash payment;

At the proposal of the Director of the Enterprise Finance Department, The Minister of Finance promulgates the Circular guiding enterprises’ financial transactions specified in Article 6 of the Government’s Decree No. 222/2013/ND-CP of December 31, 2013.

Article 1. Scope of regulation

This Circular guides enterprises’ modes of payment in capital contribution transactions and in the purchase, sale and transfer of capital contributions at other enterprises, and modes of payment in mutual borrowing and lending activities between enterprises other than credit institutions within Vietnam’s territory.

Article 2. Subjects of application

Enterprises and organizations engaged in the transactions specified in Article 1 of this Circular.

Article 3. Modes of payment in capital contribution transactions and in the purchase, sale and transfer of capital contributions at other enterprises

1. Enterprises may not make cash payment (in banknotes and coins issued by the State Bank of Vietnam) in capital contribution transactions and in the purchase, sale and transfer of capital contributions at other enterprises.

2. When conducting capital contribution transactions and when purchasing, selling or transferring capital contributions at other enterprises, enterprises shall:

a/ Pay by check;

b/ Pay by payment order – money transfer; or

c/ Pay by other non-cash payment modes in accordance with current regulations.

3. Enterprises using assets (other than money) to contribute capital or purchase, sell or transfer capital contributions at other enterprises shall comply with the law on enterprises.

Article 4. Modes of payment in mutual borrowing and lending activities between enterprises other than credit institutions

1. When carrying out mutual borrowing and lending activities, enterprises other than credit institutions (enterprises not established, organized and operating under the Law on Credit Institutions) shall apply the modes of payment specified in Clause 2, Article 3 of this Circular.

2. When using assets (other than money) for mutual borrowing and lending, debt comparison and clearance and transfer of debt obligations, enterprises other than credit institutions shall comply with the law on enterprises

Article 5. Organization of implementation

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

2. Enterprises that commit violations when conducting financial transactions specified in this Circular shall be handled in accordance with current regulations.

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