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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
430/TC/QD/KBNN
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Hanoi,
June 17, 1997
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DECISION
ISSUING THE REGULATION ON THE OPENING AND USE OF ACCOUNTS AT
THE STATE TREASURY
THE MINISTER OF FINANCE
Pursuant to Decree No. 15-CP of March 2, 1993
of the Government defining the State management tasks, powers and
responsibilities of the ministries and ministerial-level agencies;
Pursuant to Decree No. 178-CP of October 28, 1994 of the Government defining
the tasks, powers and organizational apparatus of the Ministry of Finance;
Pursuant to Decree No. 25-CP of April 5, 1995 of the Government on the tasks,
powers and organizational apparatus of the State Treasury directly under to the
Ministry of Finance;
Pursuant to Decree No. 87-CP of December 19, 1996 of the Government specifying
the assignment, drafting, implementing and settling the State budget;
At the proposal of the General Director of the State Treasury,
DECIDES:
Article 1.- To issue
together with this Decision the "Regulation on the opening and use of
accounts at the State Treasury."
Article 2.- This
Decision takes effect from July 1, 1997, replacing Decision No. 80-TC/QDKBNN of
March 6, 1990 of the Minister of Finance issuing the "provisional
Regulation on the opening and use of deposit accounts for draft budget
allocations, accounts for allocated expense limits and other accounts at the
State Treasury."
Article 3.- The Director
of the Ministry of Finance�s Office, the Heads of the units attached to the Ministry of
Finance, the General Director of the State Treasury, the Directors of the State
Treasuries of the provinces, cities, urban and rural districts and provincial
towns shall have to implement this Decision.
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THE MINISTER OF FINANCE
Nguyen Sinh Hung
REGULATION
ON THE OPENING AND USE OF ACCOUNTS AT THE STATE TREASURY
(issued together with Decision No. 430-TC/QD/KBNN of June 17, 1997 of the
Minister of Finance)
A. GENERAL PROVISIONS
I. SUBJECTS THAT MAY OPEN ACCOUNTS
The subjects that may open accounts at the State
Treasury include:
1. All units that use State budget allocations;
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II. FORMS OF THE OPENING OF
ACCOUNTS
Depending on the management requirements and the
mode of budget allocation, the subjects may open accounts at the State Treasury
in the following forms:
1. Account for expense limit
This account may be opened by those units which
receive funding from the State budget in the mode of expense limits, which
include:
1.1 Limit for current expenses
1.2 Limit for capital construction investment
expenses
1.3 Limit for authorized expenses
2. Account for deposits of budget drafting units
This account may be opened in the following
cases:
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2.2 The units of the people�s armed forces (security and
defense).
2.3 The boards of management of capital
construction projects funded by the State budget
3. Account for other deposits
This account may be opened by units for the
following contents:
3.1 Other deposits (not State budget
allocations) of non-business units that have revenues, of units of the people�s armed forces.
3.2 Deposits of other units and individuals
according to the regulations of a competent level or by decision of the General
Director of the State Treasury.
III. SCOPE OF THE OPENING OF
ACCOUNTS
1. A unit may open an account at the State
Treasury of the locality where it has its head office according to the
regulations of the Director of the State Treasury of the province or city
directly under the Central Government. If it needs to open an account in
another locality, a written approval of the higher-level State Treasury is
required.
2. Units and individuals shall not be permitted
to open deposit accounts for foreign currency(ies) unless there is a decision
of the competent agency.
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The account holder is the owner or the
representative of lawful ownership of the money deposited at the State Treasury
(expense limits or deposits). The account holder shall be responsible for
observing the regulation on the opening and use of accounts at the State
Treasury and the State regime on financial and monetary management; submit to
the inspection and control of the financial agency and the State Treasury; be
entitled to request the State Treasury where the account is opened to conduct
valid and lawful economic transactions. The account holder may authorize
another person to sign on his/her behalf transaction papers with the Treasury
in accordance with the authorization legislation and procedures.
V. RESPONSIBILITIES AND POWERS
OF THE STATE TREASURY
1. The State Treasury has the responsibilities:
- To guide customers in observing the regulation
on the opening and use of accounts at the State Treasury;
- To provide services for customers according to
current financial management regimes and principles;
- To supervise and control the observance of the
financial and monetary management regimes and the regulation on the opening and
use of accounts at the State Treasury;
- To keep confidential economic information on
deposit accounts of customers as stipulated.
2. The State Treasury has the powers:
- To refuse to collect or pay if the payment procedures
and accounting documents are not valid or if it discovers the account holder�s violation of the financial
management regime, the regulation on the opening and use of accounts or laws;
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- To supply economic information on account
operations to the functional agency or competent agency as stipulated by the
Government.
B. SPECIFIC REGULATIONS
I. PROCEDURES FOR OPENING AN
ACCOUNT
1. For units:
To open an account, a unit shall have to send to
the State Treasury where the account is to be opened the following papers:
- The account opening request
- The registration of the specimen seal and
signature(s)
- The decisions on the appointment of the
account holder and chief accountant
- Papers ascertaining the lawfulness of the
establishment of the unit, except for a number of special cases stated in
Article 5 below.
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To open an account, a State official or employee
shall have to send to the State Treasury the following papers:
- The State employee�s card or a letter of introduction of the
employing agency
- The account opening request
- The registration of the specimen signature(s).
3. The account opening request
The account opening request must be signed by
the account holder and affixed with the agency�s
seal (the agency’s seal is not required for State officials and employees).
The account holder must be the head of the unit
or the person who is authorized to be account holder.
For each account, a unit or an individual shall
have to make the account opening request in three copies, and this request
shall have to be remade when the name or the operating characteristics of the
unit, or the account ownership right of the individual is changed.
4. The registration of the specimen seal and
signature
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Regarding the signature:
a/ For units:
- The account opening unit shall have to
register with the State Treasure where it opens an account the signature of the
account holder (the first signature) and the signature of the person authorized
to sign for the account holder, the signature of the chief accountant or the
person in charge of accounting and financial matters (the second signature) and
the person authorized to sign for the chief accountant or the person in charge
of accounting and financial matters. For units of the people�s armed forces without chief
accountants, the signature registration is not required.
- The registration of the specimen seal and
signature must clearly indicate the full name(s) and title(s) of the signer(s).
For units of the people’s armed forces, it is not necessary to indicate the
signer�s title.
- The person who registers his/her signature
shall have to sign two specimen signatures on the registration of the specimen
seal and signature in the designated frame.
- Each unit shall be entitled to register only a
maximum of 4 people for the first signature (the account holder and 3
authorized people); 3 people for the second signature (the chief accountant and
2 authorized people)
b/ For individuals: Each individual shall have
to sign 3 specimen signatures on the registration of the specimen signatures.
Regarding the seal:
The unit that opens an account for transactions
with the State Treasury shall have to affix clearly its registered specimen
seal which has already been registered with the police office. For units of the
people�s armed forces,
the specimen seal must be registered with the secrecy protection agency of the
services (defense or security). For each account, the account opening unit shall
have to make three copies of the registration of the specimen seal and
signature and send them to the State Treasury where the account is opened.
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The registration of the specimen seal and
signature already registered with the State Treasury shall be valid from the
date of registration to the time the opening account unit registers another
specimen seal and signature to replace the former ones or closes the
transaction account at the State Treasury.
5. The paper ascertaining the establishment of
the unit and the decision on the appointment of the account holder
The account opening unit shall have to send to
the State Treasury where it is to open an account a copy of the Decree or
Decision on its establishment signed by the competent level (the latest
effective document); a copy of the decision on the appointment of the account
holder (a copy of the decision on the appointment of the head of the unit or
the person authorized to be the account holder) certified by the immediate
higher level agency or a State notary office.
For State agencies (the Office of the
Government, the Office of the National Assembly, the Office of the State
President), the offices of the Communist Party of Vietnam, mass
organizations... the paper ascertaining the lawfulness of their establishment
is not required.
For the ministries, ministerial-level agencies,
agencies attached to the Government, the Communist Party of Vietnam�s committees of various
levels, central mass organizations, provincial and district People’s Committees...
a copy of the decision on the appointment of the head of the unit or on the
appointment of the person authorized to be account holder is not required.
For a unit of the people’s armed forces, only
the letter of its superior unit to introduce the account holder is required.
II. CONTROL AND SETTLEMENT OF
THE OPENING OF ACCOUNTS OF CUSTOMERS
1. At the State Treasury offices, when a
customer submits papers for opening a transaction account, the chief accountant
(or the person in charge of accounting) shall have to personally receive and
deal with it. After examining the procedural validity and lawfulness, he/she
shall record the serial number of the customer�s
account (for expense limit or deposits according to the set regime) and the
starting date of such account on the account opening request and the
registration of the specimen seal and signature of the customer, sign his/her
name on the account opening request and submit all the dossier to the Director
of the State Treasury for signing of approval.
2. The account opening dossier already signed
and approved by the Director of the State Treasury shall be dealt with as
follows:
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- The chief accountant of the Treasury shall
personally file and preserve one copy of the account opening request, one copy
of the specimen seal and signature registration and the papers ascertaining the
establishment of the unit and the appointment of the account holder (filed
according to the cardinal order of the account serial numbers).
- To hand over one copy of the account opening
request, one copy of the specimen seal and signature registration to the
accountant directly in charge of the unit or individual for filing them into
the transaction accounting dossier.
- To return to the account holder one copy of
the account opening request and one copy of the specimen seal and signature
registration.
III. USE OF ACCOUNTS
1. Accounts of expense limit:
The budget drafting units and investors that are
recipients of budget allocations in the form of expense limits shall use this
account under the control of the State Treasury office according to the current
expenditure control regime and regulation on the allocation and settlement of
the investment capital in capital construction.
2. Deposit accounts:
2.1. Units and individuals may use their deposit
accounts only for transactions within the scope of their operation and in
consistence with the account contents already registered with the State
Treasury. It is strictly forbidden to lend or lease accounts. Units and
individuals may use money in deposit accounts only within the available amount
of the CREDIT balance still deposited at the State Treasury and shall have to
observe the regime on non-cash payment, the cash management regime and the
financial regulations of the State.
2.2. Any expenditures paid from the deposit
account of a unit or individual must be based on valid and lawful documents
approving such expenditures of the account holder. When a unit breaches payment
disciplines or upon the decision of a competent agency to force the unit to
make a payment, the State Treasury shall be entitled and obliged to deduct
money from the unit�s
account to effect such payment.
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2.4. When discovering a customer using the deposited
money at variance with the registered account contents and the list of State
budget or violating the payment and cash management procedures. ., the State
Treasury shall be entitled to refuse payments, return the payment documents to
customers for remaking them. In case of violation of the financial regime, the
Treasury shall be entitled to retain the payment documents and notify the
competent levels thereof for examination and handling.
2.5. Daily, the transacting units shall have to
go to the State Treasury office where they open accounts to receive documents
and detail books, compare the transaction data with those of the State
Treasury. For units which are far away from the State Treasury office, if they
have written requests, the State Treasury may mail documents and detail book to
them and the mailing fee shall be paid by the customers to the State Treasury.
2.6. Every month, the transacting units shall
have to send to the State Treasury a written confirmation (in two copies) of
the account balance affixed with the unit�s
seal and signed by the account holder. The State Treasury shall have to check
it for the unit (the chief accountant shall sign for certification and affix a
seal "TREASURY ACCOUNTANT", or �STATE
TREASURY" for the State Treasury of a district or provincial town), return
one copy to the unit and file one copy in the accounting dossier of the State
Treasury.
2.7. When discovering any data error in the
detail book of the account of a customer, the State Treasury shall immediately
inform the customer thereof for adjusting it. On the contrary, if a customer
discovers any error in his/her account, he/she shall also have to inform the
State Treasury thereof for adjusting it, ensuring the parity between data of
the two sides.
3. When making accounting documents and payment
documents, units and individuals shall have to comply fully and correctly with
the regulation on the making of State Treasury accounting documents issued by
the Ministry of Finance.
IV. BLOCKING AND LIQUIDATION
OF ACCOUNTS
1. Blocking
An account shall be blocked in the following
cases:
1.1. At the written request of a competent
agency.
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1.3. The account holder who is an individual
dies without any authorized person or heir. Even when there is an authorized
person, the account may still be blocked if it is so requested by a competent
agency.
The blocking of an account shall cease upon decision
of a competent agency.
2. Liquidation
An account shall be liquidated in the following
cases:
2.1. The unit�s
legal transaction name no longer exists because of merger, dissolution or
renaming. For accounts of budget drafting units, they are opened elsewhere.
2.2. The account holder has a written request to
liquidate his/her account.
2.3. Cases of account liquidation which arise
after there is the result of the handling of a blocked account.
2.4. The account does not operate for three
consecutive months and the State Treasury notifies the account holder thereof.
Within 30 days after the date of notification, if the account holder has no
opinion, the balance of the account shall be handled as follows:
- For an account originating from the State
budget, it shall be remitted to the State budget.
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When blocking or liquidating an account, the
concerned unit and the State Treasury shall have to compare the data and
confirm the account balance as of the date of data comparison, make a record
thereon affixed with the seals and signatures of the two sides, each side shall
keep one copy of the record.
The handling and transfer of the balance of an
account to another place shall be effected at the specific request of the
concerned unit or a competent agency.
V. REGULATIONS ON DEPOSIT
INTEREST, PAYMENT CHARGE AND SERVICE CHARGE
1. Interests on deposits
All deposit accounts of budget drafting units
and investors that are recipients of State budget allocations shall bear no
interest
The deposit accounts which shall bear interests
at a rate of non-time deposits paid by the State Bank to the State Treasury
include: deposits which are Vietnam social insurance, medical insurance funds,
the National Investment Support Fund, deposits of enterprises (if any) and of
individuals.
2. Payment charges and account management
service charges
The State Treasury shall not collect payment
charges and service charges for non-interest accounts.
Accounts with interests shall be subject to
payment charges and service charges similar to those collected by the State
Bank from the State Treasury
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THE MINISTER OF FINANCE
Nguyen Sinh Hung