HÃNG LUẬT DHP

Credit institutions and foreign bank branches may use operating capital to serve business activities in accordance with the Law on Credit Institutions, Decree No. 93/2017/ND-CP and specific guidelines. can follow the principle of capital security and development.

The Ministry of Finance is drafting a Circular guiding the financial regime for credit institutions and foreign bank branches.

During the course of business operations, credit institutions and foreign bank branches must ensure to maintain investment limits and purchase fixed assets to directly serve business activities. according to the principle: the residual value of fixed assets must not exceed 50% of the charter capital and the reserve fund for supplementing charter capital recorded in the accounting books, for credit institutions, must not exceed 50% of the authorized capital. grant and reserve fund to supplement the allocated capital recorded in the accounting books for foreign bank branches.

Credit institutions, foreign bank branches lease assets according to the provisions of Article 13 of Decree No. 93/2017/ND-CP. With regard to financial leased assets, credit institutions and foreign bank branches shall comply with the provisions of law on financial leasing activities in Vietnam.

Paying commissions to agents and brokers

According to the draft, the expenses of credit institutions and foreign bank branches include expenses specified in Article 17 of Decree No. 93/2017/ND-CP. Some expenditures of credit institutions, foreign bank branches shall comply with the instructions below.

Regarding commissions for agents, brokers and entrustees: Credit institutions, foreign bank branches are allowed to account in expenses for brokerage commissions for brokerage activities in accordance with the provisions of the Law on Foreign Trade and Investment. credit institutions and guiding documents.

Specifically, the payment of brokerage commissions must be based on the contract or certification between the credit institution, foreign bank branch and the party receiving the brokerage commission, which must contain the following basic contents: Name: of the party receiving the commission; spent for; spending levels; payment methods; execution and termination time; responsibility of the parties.

For brokerage expenses to lease assets (including foreclosure and debt assignment assets): Brokerage expenses to lease assets of credit institutions, foreign bank branches must not exceed 5. % of the total proceeds from leasing activities brought in by the brokerage during the year.

For brokerage expenses for sale of mortgaged or pledged properties: The level of brokerage commissions for sale of mortgaged or pledged properties of credit institutions and foreign bank branches must not exceed 1% of the actual value. proceeds from the sale of assets through brokerage.

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