УКАЗ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ

(Unofficial translation)

 

Edict of the President of the Republic of Belarus
No 359 of June 29, 2000

[Amended as of May 11, 2017]

On Approval of the Order of Settlements among Legal Persons and Individual Entrepreneurs in the Republic of Belarus

 

With a view of normalizing settlements among legal persons, individual entrepreneurs and improving the payment discipline, I decree:

1. To approve the annexed Order of settlements among legal persons, individual entrepreneurs in the Republic of Belarus.

2. [Repealed]

3. To recognize as inoperative Edicts of the President of the Republic of Belarus and their certain provisions according the Annex [not given].

4. The Council of Ministers of the Republic of Belarus and the National Bank shall:

ensure, within two months, bringing of the normative legal acts into conformity with this Edict;

take other measures directed at enforcement of this Edict.

5. This Edict enters into force from the first day of the month following the month of its official publication, with the exception of sub-clause 5.3 of clause 5 and clause 8 of the Order of settlements among legal persons, and individual entrepreneurs, approved by this Edict in the Republic of Belarus, which enter into force from January 1, 2000.

 

President of the Republic of Belarus

A. Lukashenko

 

 

APPROVED

Edict of the President of the Republic of Belarus No 359 of June 29, 2000

Order of Settlements among Legal Persons, Individual Entrepreneurs in the Republic of Belarus

1. This order covers the settlements which are carried out in the territory of the Republic of Belarus by legal persons, their separate subdivisions, and individual entrepreneurs, except for the following:

settlements performed from current (settlement) accounts of legal persons and individual entrepreneurs at the expense of a bank credit received for the purposes in accordance with the credit contract;

settlements with creditors, made by legal persons in liquidation, and by individual entrepreneurs in relation to which decisions on termination of the entrepreneurial activity have been taken, by legal persons and individual entrepreneurs in relation to which bankruptcy proceedings have been opened;

settlements in cash monetary means on payments into the budget (including into the state special-purpose budgetary funds) and into the state non-budgetary funds, performed through legal persons authorized according to the legislation of the Republic of Belarus to collect such payments;

settlements performed in the event when the bank has a resolution (ruling) about imposing arrest on monetary means of legal persons, their separate divisions, individual entrepreneurs on the accounts, bank deposits, issued by the court (judge), prosecutor or its deputy, a body of criminal prosecution, official of the body conducting administrative proceedings; court executor, within the limits of the sum on which the arrest has been imposed; or/and when the bank has a decision about the suspension of operations on the accounts, which has been adopted by a body (body of the Committee of State Control, tax body, customs body, the Ministry of Finance, its territorial body, a local financial body) in accordance with the legislative acts of the Republic of Belarus, district, district-in-city department of regional (Minsk city) directorate of the Fund of social protection of the population of the Ministry of Labour and Social Protection, court executor;

settlements made by organizations in the cases established by the President of the Republic of Belarus.

2. When making payments from current (settlement) accounts* in Belarusian rubles, legal persons, their separate subdivisions, and individual entrepreneurs are obliged to observe the following order of priority:

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*Except for the current accounts, opened for accounting of the means of legal persons, their separate subdivisions, and individual entrepreneurs, being remitted from the republic and local budgets (including from the state special-purpose budgetary funds), and from the state non-budgetary funds. The order of settlements from the above accounts is to be determined by the Ministry of Finance as agreed with the National Bank.

2.1. Out of turn, the following payments shall be made:

for emergency needs in the amount of up to 20 percent of the means credited to the above accounts (with the exception of sums of bank credits) for the previous month;

repayment of the indebtedness on payment of wages within the sums corresponding to 1.5  of the amount of minimum subsistence income for the capable-to-work population, corrected within the period between its approvals by the consumer price index per every worker with account of quotients of increasing of the tariff rates of workers in the established order based on the average payroll of the workers, and to the amount of payment of leaves, payments of insurance premiums on these sums for obligatory insurance against industrial accidents and occupational diseases, obligatory insurance premiums, contributions to professional pension insurance on these sums to the budget of the state non-budgetary fund of social protection of the population of the Republic of Belarus, severance payments, alimonies, payments under state social insurance, and of the income tax, calculated on the above sums of incomes, subject to taxation.  At absence or insufficiency of the means in Belarusian rubles in current (settlement) accounts, the mentioned payments shall be made from the means obtained from the sale (including the mandatory sale) of foreign currency. In this instance, the sale of the means credited to the current (settlement) accounts in foreign currencies shall be made prior to execution of payment requests or other payment orders presented concerning these accounts;

repayment of bank credits granted for payment of debts on wages, within the limits of 1.5 of the amount of the approved subsistence minimum budget per one worker, obligatory insurance premiums to contributions to professional pension insurance on these sums to the budget of the state non-budgetary fund of social protection of the population of the Republic of Belarus, insurance premiums on obligatory insurance against industrial accidents and occupational diseases and personal income tax calculated based on the amount of these wages;

2.2. The following payments shall be made in the first turn:

to the budget, state special-purpose budgetary and non-budgetary funds (taxes, non-tax payments, credits, loans, obligations which have arisen in case of implementation by the Government of the Republic of Belarus, regional executive committees, Minsk City Executive Committee, district and city (for cities of regional subordination) executive committees of payments for repayment and servicing of credits, received against guarantees of the Government of the Republic of Belarus, regional executive committees, Minsk City Executive Committee, district and city (for cities of regional subordination) executive committees, and of the interest accrued on them;

under execution documents on collection of alimonies, of expenses of the state for the maintenance of children placed on state welfare, of sums to compensate the harm caused to the life and health of a citizen, and also in the case of loss of the breadwinner, sums on demands arising out of labour relationships, on payment of author's remuneration, of sums on obligatory insurance, of sums on reimbursement of the damage caused by a crime and administrative offense, of sums on state social security of citizens;

for realized property (transferred for the own consumption or other use) conversed in the revenue of the state or the levying on which is applied at the account of an tax obligation non-fulfilled, penalty interest unpaid, and also for realized property released from arrest by the body conducting criminal proceedings with a view to reimburse damage (harm) caused by a crime, payment of the profit obtained by crime, other property sanctions;

for the realized material assets of the state and mobilization material reserves;

Concerning the fulfilment of the obligations secured by a pledge, on bank credits from the means received from realization of the pledged property in accordance with the legislation. These payments shall have priority over other payments indicated in this sub-clause and indent 3 of sub-clause 2.6 of this clause;

for repayment of the indebtedness on credits extended by banks of the Republic of Belarus against guarantees of the Government of the Republic of Belarus, as well as against guarantees of  regional executive committees, Minsk City Executive Committee, district and city (for cities of regional subordination) executive committees, and of the interest accrued on them;

for repayment of the indebtedness on assets acquired by the Open Joint-Stock Company “Bank of Development of the Republic of Belarus” in accordance with the list of such assets and the order, to be approved by the Council of Ministers of the Republic of Belarus, from the banks of the Republic of Belarus and on credits extended by this company for financing of projects included in programs approved by the President of the Republic of Belarus and/or the Government of the Republic of Belarus;

for repayment of the indebtedness on credits included in the list of assets transferred to the Open Joint-Stock Company “Agency on Managing Assets” in accordance with Edict of the President of the Republic of Belarus of July 14, 2016 No 268 “On creation and activity of the Open Joint-Stock Company ‘Agency on Managing Assets’”;

2.3. Other payments not mentioned in sub-clauses 2.1 and 2.2 of this clause shall be made in the second turn;

2.4. [excluded]

2.5. [excluded]

2.6. The payments within one and the same turn shall be made in the order of calendar arrival of settlement documents to the payer's bank, with the exception of:

the payments under execution documents of courts, the subject matter of action on which refers to the out-of-turn payments, shall be made in the first turn among out-of-turn payments;

the payments under execution documents of courts, the subject matter of action on which refers to the first turn payments, shall be made in the first turn among first turn payments;

- the payments under execution documents of courts, the subject matter of action on which refers to the payments of the second turn,  shall be made in the first turn among the second-turn payments;

the payments of the second turn, on which legal persons, their separate subdivisions, and individual entrepreneurs are entitled to independently determine the payment order of the settlement documents.

The sums of money withheld from wages of workers under their written applications shall be remitted simultaneously with the payment of wages.

3. Collection of means as repayment of budgetary credits, budgetary loans, penalty interest in case of violation of the time period for their repayment and penalty interest specified in point 9 of this Order, payments into the state special purpose budgetary and non-budgetary funds, and indebtedness before the budget under the obligations which have arisen in case of implementation by the Government of the Republic of Belarus of repayment and servicing of the credits received against guarantee of the Government of the Republic of Belarus, and of the interest accrued on them, of bank credits granted on decisions of the President and the Government of the Republic of Belarus for implementation of state programs, and of the interests accrued on them, granted in Belarusian rubles and foreign currency, shall be made in the indisputable order in accordance with the legislative acts.

4. Settlements among legal persons, their separate subdivisions, and individual entrepreneurs in the Republic of Belarus shall be made in Belarusian rubles in cash in the order, including the amounts, determined by the National Bank.

5. [Excluded]

6. [Excluded]

7. [Repealed]

8. To allow to make settlements in foreign currency among legal persons, their separate subdivisions, and individual entrepreneurs – residents of the Republic of Belarus for the natural gas, oil, other hydrocarbon raw materials, petroleum products, coal, liquefied gas, and the electric energy, imported into the Republic of Belarus, and for the petroleum products and liquefied gas, manufactured (including at Belarusian enterprises from the give-and-take raw materials) from the oil and other hydrocarbon raw materials imported into the Republic of Belarus, for the electric and thermal energy, manufactured with the use of natural gas and furnace fuel oil, for potassium fertilizers.

9. Legal persons, their separate subdivisions, or individual entrepreneurs, which have received advance payment at the expense of the means of the budgets and have not fulfilled or unduly fulfilled the obligation to deliver the goods (products), to execute works, to provide services within the time limits stipulated by the contracts, shall pay a penalty interest to the buyer (customer) for each delayed day, which shall be remitted as an income to the respective budget.

The amount of the penalty interest shall be calculated based on the interest rate equal to 1/360 of the refinancing rate of the National Bank effective for the day of the fulfilment of the obligation with the exception of supply of goods (products), performance of works, rendering of services for military purposes under the state defense order, increased by:

25 times, of the sum of the unfulfilled part of the obligation on the delivery of goods (products);

10 times, of the sum of the unfulfilled part of the obligation on executing works, providing services.

When supplying goods (products), performance of works, rendering of services for military purposes under the state defense order, the amount of the penalty interest shall be calculated from the sum of advance payment based on the interest rate equal to 1/360 of the refinancing rate of the National Bank effective on the day of fulfilment of the obligation.

A higher rate of such penalty interest may be stipulated by the contract.

The collection of the penalty interest by territorial bodies of the Ministry of Finance in the incontestable order with its remittance as a profit to a respective budget shall be made on the basis of a written application of the buyer (customer).

 

* unofficial translation *