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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
128/2004/ND-CP
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Hanoi,
May 31, 2004
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE ACCOUNTING LAW, APPLICABLE TO THE STATE ACCOUNTING DOMAIN
THE
GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Accounting Law;
Pursuant to the December 16, 2002 Law on the State Budget;
At the proposal of the Finance Minister,
DECREES:
Article 1.-
Scope of regulation
This Decree details and guides
the implementation of a number of articles of the Accounting Law applicable to
the subjects defined in Article 2 of this Decree (hereinafter called the State
accounting domain for short).
Article 2.-
Subjects of application
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1. State agencies, non-business
units and organizations using the State budget, including:
a/ Agencies and organizations
tasked with State budget revenues and expenditures at all levels;
b/ The National Assembly Office;
c/ The State President's Office;
d/ The Government Office;
e/ People's courts at all
levels;
f/ People's procuracies at all
levels;
g/ People's Armed Force units,
including military courts and military procuracies;
h/ Units managing the State's
reserve funds, reserve funds of branches or levels, other financial funds of
the State;
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j/ State budget-using political
organizations, socio-political organizations, socio-politico-professional
organizations, social organizations, socio-professional organizations;
k/ Non-business units partly or
wholly provided with the State budget;
l/ Organizations managing the
national assets;
m/ Managing boards of State
budget-funded investment projects;
n/ Associations, unions of
associations, confederations and other organizations enjoying partial funding
supports from the State budget.
2. Non-business units and
organizations not using the State budget, including:
a/ Non-business units that
self-balance their revenues and expenditures;
b/ Non-public non-business
units;
c/ Non-governmental
organizations;
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e/ Social organizations,
socio-professional organizations with own revenues and expenditures;
f/ Other organizations not using
the State budget.
3. Accountants and other persons
involved in accounting in the State accounting domain.
Article 3.-
Accounting objects in State budget revenue and expenditure activities
Pursuant to Clause 1, Article 9
of the Accounting Law, the accounting objects in State budget revenue and
expenditure activities are defined as follows:
1. Cash and cash equivalents;
2. Funding sources, funds;
3. Payments made inside and
outside accounting units;
4. Revenues and expenditures of
the State budgets at all levels;
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6. Financial investments, State
credits;
7. Debts and handled debts of
the State;
8. National assets;
9. Other assets related to
accounting units.
Article 4.-
Accounting objects in administrative, non-business activities, activities of
State budget-using units and organizations
Pursuant to Clause 1, Article 9
of the Accounting Law, the accounting objects in administrative, non-business
activities, activities of State budget-using units and organizations are
prescribed as follows:
1. Cash and cash equivalents;
2. Supplies and fixed assets;
3. Funding sources, funds;
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5. Revenues, expenditures and
handled differences of operational revenues and expenditures;
6. Financial investments, State
credits;
7. Other assets related to
accounting units.
Article 5.-
Accounting objects in activities of units and organizations not using the State
budget
Pursuant to Clause 2, Article 9
of the Accounting Law, the accounting objects in activities of units and
organizations not using the State budget are prescribed as follows:
1. Cash and cash equivalents;
2. Supplies and fixed assets;
3. Funding sources, funds;
4. Payments made inside and
outside accounting units;
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6. Other assets related to
accounting units.
Article 6.-
Currencies used in the accounting of arising foreign-currency revenues and
expenditures
Pursuant to Clause 1, Article 11
of the Accounting Law, currencies for arising revenues and expenditures are prescribed
as follows:
1. State budget collection and
spending operations in foreign currencies must be recorded in the original
currencies, which must be converted into Vietnam dong at the exchange rates set
by the Finance Ministry at the time such operations arise.
2. State budget-using State
agencies, non-business units and organizations, when receiving fundings in
foreign currencies, must record them in the original currencies and convert
them into Vietnam dong at the exchange rates set by the Finance Ministry at the
time such operations arise.
3. State budget-using State
agencies, non-business units and organizations, when conducting transactions
for which payments are made in foreign currencies, except for the cases
prescribed in Clause 2 of this Article, must record such payments in the
original currencies and in Vietnam dong at the actually applied exchange rates
or at the exchange rates announced by Vietnam State Bank at the time such
operations arise.
4. Overseas representation
missions of the Socialist Republic of Vietnam and units and organizations in
the State accounting domain, when having economic and financial operations or
State budget revenues and expenditures in foreign currencies, may select a
foreign currency for making book entries; financial statements and budget
settlement reports to be sent back to Vietnam must be made according to the
provisions of Article 29 of this Decree.
Article 7.-
Accounting period
Pursuant to Point a, Clause 1,
Article 13 of the Accounting Law, the accounting periods of accounting units
with unique characteristics are prescribed as follows:
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Article 8.-
Responsibilities for managing, using and supplying accounting information and
documents
Pursuant to Article 16 of the
Accounting Law, the responsibilities for managing, using and supplying
accounting information and documents are prescribed as follows:
1. Accounting units must
formulate regulations on management, use and preservation of accounting
documents, clearly defining the responsibilities and rights of each accounting
section and each accountant; accounting units must ensure adequate material
foundations and means for managing and preserving accounting documents.
2. Accounting units shall have
to supply accounting information and documents to the State agencies with
competence to perform the inspecting, examining, investigating and/or auditing
functions as prescribed by law. The agencies supplied with accounting documents
shall have to upkeep and preserve accounting documents in the period of using
them and to return fully and on time the used accounting documents.
3. The supply of information and
documents to the subjects prescribed in Clause 2 of this Article shall be
decided by the accounting units' representatives at law according to law
provisions. The exploitation and use of accounting documents must be consented
in writing by the accounting units' representatives at law or their authorized
persons.
Article 9.-
Forms of accounting vouchers
Pursuant to Clause 2, Article 19
of the Accounting Law, the accounting voucher forms are prescribed as follows:
1. Accounting voucher forms
include compulsory accounting voucher forms and guiding accounting voucher
forms.
a/ Compulsory accounting voucher
forms are special voucher forms of money value, including checks, money
receipts, fee and charge collection tickets, bonds, bills, Government bonds,
sale invoices of all types and other compulsory voucher forms. Competent State
agencies shall prescribe the contents and structures of compulsory accounting
voucher forms for accounting units to strictly comply with the forms, contents
and methods of inscribing the indicators and for uniform application by
accounting units or each specific accounting unit.
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2. Compulsory accounting voucher
forms shall be printed and distributed by the Finance Ministry or by the units
authorized by the Finance Ministry. The units authorized to print and
distribute compulsory accounting vouchers must print them according to the
prescribed forms and in the right quantities of each type of voucher they are
permitted to print and must strictly observe the Finance Ministry's regulations
on management of prints.
3. The Finance Ministry shall
prescribe the list and forms of compulsory accounting vouchers and the list and
forms of guiding accounting vouchers; the printing and distribution of
accounting voucher forms in each State accounting domain.
Article
10.- Electronic vouchers
Pursuant to Clause 2, Article 18
of the Accounting Law, the contents of electronic vouchers are prescribed as
follows:
1. Electronic vouchers must
fully contain the contents prescribed for accounting vouchers and must be
encrypted to ensure the safety of electronic data in the course of information
processing, transmission and archival.
2. Electronic vouchers used in
accounting shall be stored in information-carrying articles such as magnetic
tapes, magnetic discs and assorted payment cards.
3. For electronic vouchers,
confidentiality and preservation of data and information must be ensured in the
course of use and storage; managing and examining measures must be taken to
prevent various forms of abusing, exploiting, accessing, copying, hacking or
using electronic vouchers at variance with regulations. Electronic vouchers,
when being preserved, shall be managed like accounting documents in their
original forms in which they were created, transmitted or received and with
adequate equipment appropriate for their use when necessary.
Article
11.- Conditions on the use of electronic vouchers
Pursuant to Clause 2, Article 18
of the Accounting Law, the conditions on the use of electronic vouchers are
prescribed as follows:
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a/ Having the places,
information transmission lines, communication networks and information
transmitters meeting the requirements of exploiting, controlling, processing,
using, preserving and archiving electronic vouchers;
b/ Having staff who have
adequate qualifications and capabilities compatible with the technical
requirements in order to make and use electronic vouchers according to the
accounting and payment processes.
c/ Complying with the provisions
of Clause 2 of this Article.
2. Organizations and individuals
that use electronic vouchers and conduct electronic payment transactions must
satisfy the following conditions:
a/ Their representatives at law
or their authorized persons have electronic signatures;
b/ Establishing the modes of
delivery and receipt of electronic vouchers and technical characteristics of
information-carrying articles;
c/ Making commitments that
operations are performed in compatibility with electronic vouchers made by them
according to regulations.
Article
12.- Validity of electronic vouchers
Pursuant to Clause 2, Article 18
of the Accounting Law, the validity of accounting documents is prescribed as
follows:
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2. Once an electronic voucher
has been used for conducting an economic or financial operation and converted
into a paper document, such paper voucher shall be only valid for archival for
making entries in accounting books, monitoring and examination but not valid
for transaction and payment.
3. The conversion of paper
vouchers into electronic ones or vice versa shall comply with the regulations
on making, use, control, processing, preservation and archival of electronic
vouchers and paper vouchers.
Article
13.- Translation of accounting vouchers into Vietnamese
Pursuant to Article 19 of the
Accounting Law, the scripts used on accounting vouchers are prescribed as
follows:
1. For accounting vouchers that
are made outside the Vietnamese territory and in foreign languages, if they are
used for making entries in accounting books in Vietnam, they must be translated
into Vietnamese.
2. Vouchers that rarely arise
must be wholly translated. Documents that frequently arise must have their
major contents translated according to the regulations of the Finance Ministry.
3. The Vietnamese translations
of vouchers must be enclosed with their foreign-language originals.
Article
14.- Electronic signatures on electronic vouchers
Pursuant to Clause 4, Article 20
of the Accounting Law, electronic signatures are prescribed as follows:
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2. Electronic signatures must be
encrypted in cipher keys. An electronic signature is established for each
individual to determine the rights and responsibilities of the establisher and
related persons responsible for the safety and accuracy of the electronic
signature. Electronic signatures on electronic vouchers are as valid as
signatures handwritten on paper vouchers.
3. In case of change of
technical cipher staff, the secret codes', electronic signatures and passwords
must be changed and notified to the parties involved in electronic
transactions.
4. The persons assigned to
manage and use secret codes, electronic signatures and passwords must ensure
their confidentiality and be answerable before law if disclosing them and
causing damage to the assets of their units and the parties involved in
transactions.
Article
15.- Sale invoices
Pursuant to Clause 1 and Clause
4 of Article 21 of the Accounting Law, the cases of goods sale and the sales
levels are prescribed as follows:
1. When organizations that use
sale invoices retail goods or provide services at a time at the sales level
below the level prescribed by the Finance Ministry, they are not required to
make sale invoices; but if the goods purchasers request the invoices, the goods
sellers must make invoices and hand them strictly according to regulations. If
the goods retailed or services provided at a time are valued at below the
prescribed level, though invoices are not compulsorily made, the lists of
retailed goods or services must be made or sale invoices may be made according
to regulations for use as accounting vouchers. In cases where the lists of
retailed goods or services are made, at the end of each day, the invoices for
goods sold in the day shall be made on the basis of the synthesized data of
such lists.
2. When purchasing products or
goods or being provided with services, organizations or individuals may request
the sellers or service providers to make sale invoices and hand their copies
No. 2 to them for use and archival according to regulations, and, shall, at the
same time, have to check the indicators recorded on the invoices and refuse to
receive the invoices with wrongly recorded indicators or recorded with the
values different from those recorded on the copies kept by the sellers.
3. Organizations that print sale
invoices by themselves must get prior written approvals of the Finance
Ministry. They must sign invoice-printing contracts with the printing
organizations, clearly stating the quantities, codes and serial numbers of
invoices. After each time of printing invoices or terminating the printing
contracts, the printing contracts must be liquidated.
4. Accounting units must use
sale invoices strictly according to regulations; must not purchase, sell, swap,
give away invoices or use invoices of other organizations or individuals; must
not use invoices for making declarations to evade taxes; must open monitoring
books, have management rules and means for preserving and archiving invoices
strictly according to law provisions; must not let invoices be damaged or lost.
Any damaged or lost invoices must be notified to the tax agencies of the same
level.
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Pursuant to Point d, Clause 3,
Article 21 of the Accounting Law, stamps, tickets and money receipts are
prescribed as follows:
1. Accounting units, when
collecting charges, fees or fines, must stick stamps, hand tickets or money
receipts to the payers. Stamps, tickets and money receipts must be managed like
cash.
2. Accounting units, when remitting
charges, fees or fines, must request the money collectors to stick stamps, hand
tickets or make and hand money receipts to them.
Article
17.- Arrangement and preservation of accounting vouchers
Pursuant to Clause 2, Article 22
of the Accounting Law, the arrangement and preservation of accounting vouchers
are prescribed as follows:
1. Accounting documents, after
being used for making entries in accounting books, must be classified according
to their economic contents, arranged in the temporal order and bound in
volumes. The cover of each volume must be inscribed with: The title of the
volume, the month and year of documents and the quantity of documents in the
document volume. Document volumes shall be preserved at the accounting sections
for 12 months, as from the date ending the annual accounting period, then be
put into archival under the provisions of this Decree.
2. Unused accounting voucher
forms must be carefully preserved without damage or loss. Unused accounting
vouchers related to State budget revenues or expenditures must be managed
according to the Finance Ministry's regulations on management of prints.
Accounting vouchers which are as valuable as money must be managed like money
during their use validity period.
3. The arrangement and preservation
of electronic vouchers shall comply with the provisions of Clause 3, Article 10
of this Decree.
Article
18.- Copied accounting vouchers
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1. Copied accounting vouchers
must be those copied from their originals and affixed thereon with the
certifying signatures and seals of the representatives at law of the accounting
units that archive their originals or State agencies competent to decide on the
temporary seizure or confiscation of accounting documents.
2. Copied accounting vouchers
shall be accepted only in the following cases:
a/ Accounting units that have
projects on foreign loans or aid and must, as committed, submit the original
documents to the foreign financiers. In this case, the copied documents must be
affixed with the certifying signatures and seals of the representatives at law
of the financiers or accounting units.
b/ Accounting units that have
their original accounting vouchers be temporarily seized or confiscated by
competent State agencies. In this case, the copied vouchers must be affixed
with the certifying signatures and seals of the representatives of the State
agencies competent to decide on the temporary seizure or confiscation of
accounting documents as prescribed in Article 33 of this Decree.
c/ Accounting vouchers which are
lost or destroyed due to objective causes such as natural calamities or fires.
In this case, the accounting units must come to the units that purchased or
sold goods and/or services and other related units to copy the lost documents.
Such copied accounting vouchers must be affixed with the certifying signatures
and seals of the representatives at law of the units that purchased or sold
goods and/or services and other related accounting units.
d/ Other cases as prescribed by
law.
Article
19.- Making of entries in computerized accounting books
Pursuant to Clause 7, Article 27
of the Accounting Law, the making of entries in computerized accounting books
is prescribed as follows:
1. Where accounting units make
entries in computerized accounting books, the accounting software they select
must satisfy the prescribed standards and conditions and be able to compare,
synthesize accounting figures and make financial statements.
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Article
20.- Time for making financial statements
Pursuant to Clause 2 of Article
29 and Clause 1 of Article 30 of the Accounting Law, the time for making
financial statements is defined as follows:
1. The financial statements of
accounting units engaged in State budget revenue and expenditure activities
shall be made at the end of the monthly, quarterly and annual accounting
periods.
2. The financial statements of
administrative or non-business accounting units or organizations using the
State budget shall be made at the end of the quarterly and annual accounting
periods.
3. The financial statements of
units or organizations not using the State budget shall be made at the end of
the annual accounting periods.
4. The accounting units which
are divided, merged or terminate operation must make financial statements as of
the time the division, merger or operation termination is decided.
Article
21.- Time for making budget settlement reports
Pursuant to Clause 1 of Article
30 of the Accounting Law, the time for making budget settlement reports is
prescribed as follows:
1. The budget settlement reports
of accounting units engaged in State budget revenue and expenditure activities
shall be the revised financial statements of the annual accounting periods.
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3. The financial statements of
non-business units or organizations not using the State budget shall be the
financial statements of the annual accounting periods, made according to the
Finance Ministry's regulations.
Article
22.- Responsibilities for making and submitting settlement reports
Pursuant to Clause 2 of Article
30 of the Accounting Law, the responsibilities for making and submitting
financial statements and budget settlement reports are prescribed as follows:
1. Accounting units engaged in
State budget revenue and expenditure activities at the grassroots levels must
make and submit monthly, quarterly and annual financial statements and annual
budget settlement reports to the superior State budget collecting and spending
agencies and competent State agencies.
2. For State budget-using State
agencies, non-business units and organizations that organize different budget
estimation levels, the subordinate budget estimation units must make and submit
quarterly, and annual financial statements and annual budget settlement reports
to the superior budget estimation units.
Article
23.- Contents and methods of presentation of financial statements
Pursuant to Clause 3 of Article
30 of the Accounting Law, the contents and methods of presentation of financial
statements are prescribed as follows:
The contents and methods of
presentation of indicators in financial statements must be suitable to the contents
and methods of presentation of indicators in the budget estimates of the fiscal
year and in the financial statements of the previous year's accounting period.
Where financial statements are made with contents and by methods of
presentation different from the indicators in the budget estimates or different
from the financial statements of the previous year's accounting period, such
must be explained in the explanation part of the financial statements.
Article
24.- Deadlines for submission of financial statements
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1. The deadline for submission
of monthly financial statements of accounting units engaged in State budget
revenue and expenditure activities to their superior accounting units and the
finance agencies of the same level is the 15th day as from the end of the
month.
2. Deadlines for submission of
quarterly financial statements:
a/ The quarterly financial statements
of accounting units engaged in State budget revenue and expenditure activities
must be submitted to the superior accounting units and the finance agencies of
the same level on the 25th day as from the end of the quarter at the latest;
b/ The quarterly financial
statements of State budget-funded State agencies, non-business units or
organizations must be submitted to the superior accounting units and the
finance agencies of the same level on the 25th day as from the end of the
quarter at the latest.
3. The deadline for submission
of annual financial statements of accounting units engaged in State budget
revenue and expenditure activities to the superior accounting units and the
finance agencies of the same level is the 45th day as from the end of the year.
Article
25.- Deadlines for submission and places of receipt of annual budget
settlement reports
Pursuant to Clause 2 of Article
31 of the Accounting Law, the deadlines for submission and places of receipt of
budget settlement reports are prescribed as follows:
1. The annual budget settlement
reports of all levels shall be submitted to the superior accounting units and
the finance agencies of the same level not later than the end of October 1st of
the subsequent year, for the provincial budgets. For district and commune
budgets, the deadlines shall be set by the provincial-level People's Committees
but must ensure the deadlines for approval of settlements of all budgetary
levels.
2. The annual budget settlement
reports of grade-I budget estimation units of the central budget shall be
submitted to the superior agencies and the finance agencies of the same level
not later than the end of October 1st of the subsequent year.
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The deadlines for submission of
annual budget settlement reports of grade-I budget estimation units using local
budgets shall be set by the provincial-level People's Committees.
3. The annual settlement reports
of units or organizations not using the State budget must be submitted to the
superior accounting units (if any) and the finance agencies of the same level
not later than the 45th day as from the end of the year.
Article
26.- General annual budget settlement reports
Pursuant to Clause 2 of Article
30 of the Accounting Law, general annual budget settlement reports are
prescribed as follows:
1. The superior accounting units
engaged in State budget revenue and expenditure activities must, apart from
making their annual budget settlement reports, also make general annual budget
settlement reports on the basis of the general annual budget settlement reports
of their attached accounting units.
2. The superior accounting units
of State budget-using State agencies, non-business units or organizations must,
apart from making their annual budget settlement reports, also make general
annual budget settlement reports on the basis of the annual budget settlement
reports of their attached accounting units.
Article
27.- Responsibilities for verifying and approving budget settlement reports
Pursuant to Article 31 of the
Accounting Law, the superior accounting units’ responsibilities for evaluating
and approving budget settlement reports are prescribed as follows:
1. The superior accounting units
engaged in State budget revenue and expenditure activities must consider and
verify the annual budget settlement reports of their subordinate accounting
units and notify the consideration and approval results to their subordinate
accounting units.
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Article
28.- Abbreviated and rounded monetary units when making or publicizing
financial statements
Pursuant to Article 11 and
Article 30 of the Accounting Law, the abbreviated or rounded monetary units,
when making or publicizing financial statements, are prescribed as follows:
1. When making general budget
settlement reports on the basis of annual settlement reports of their attached
accounting units, the superior accounting units may use the abbreviated
monetary unit of the thousand of VND if there are figures consisting of over 9
numerals in the reports or the abbreviated monetary unit of the million of VND
if there are figures consisting of over 12 numerals or the abbreviated monetary
unit of the billion of VND if there are figures consisting of over 15 numerals.
2. When publicizing their
financial statements, accounting units may use the abbreviated monetary units
prescribed in Clause 1 of this Article.
3. When using the abbreviated monetary
units, accounting units may round figures by either increasing one (1) more
unit if the numeral that comes after the abbreviated monetary unit numeral is 5
or higher or dropping such numeral if it is smaller than 5.
Article
29.- Conversion of financial statements of overseas units and organizations
that fall in the State accounting domain
Pursuant to Article 29, Article
30 and Article 31 of the Accounting Law, the case where overseas accounting
units send their financial statements back to Vietnam is prescribed as follows:
When making financial statements
and budget settlement reports for sending back to Vietnam, overseas
representation missions of the Socialist Republic of Vietnam and units and
organizations in the State accounting domain must use foreign currencies for
making entries in accounting books and at the same time convert them into
Vietnam dong according to the converting method and at the exchange rate
prescribed by the Finance Ministry and must translate them into Vietnamese.
Article
30.- Time limits for publicization of financial statements
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1. Accounting units engaged in
State budget revenue and expenditure activities must publicize their annual
financial statements within 30 days as from the date their annual financial
statements are approved by competent State agencies.
2. State budget-using
non-business units and organizations must publicize their financial statements
within 30 days as from the date their annual financial statements are approved
by their superior accounting units or competent State agencies.
3. Non-business units and
organizations not using the State budget must publicize their annual financial
statements within 30 days as from the deadline for submission of annual
financial statements to their superior accounting units and the finance
agencies of the same level.
Article
31.- Agencies competent to decide on accounting examination
Pursuant to Article 35 of the
Accounting Law, the agencies competent to decide on accounting examination are
prescribed as follows:
1. The Finance Ministry shall
decide on the accounting examination of accounting units of the ministries,
ministerial-level agencies, Government-attached agencies or provincial-level
People's Committees as well as other central-level accounting units.
2. The ministries,
ministerial-level agencies, Government-attached agencies and other central
agencies shall, within the scope of their respective tasks and powers, decide
on the accounting examination of accounting units in the domains assigned to
them for management.
3. The People's Committees of
the provinces and centrally-run cities shall, within the scope of their respective
tasks and powers, decide on the accounting examination of accounting units in
the localities under their management.
4. The superior accounting units
shall decide on the accounting examination of their attached accounting units.
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Pursuant to Article 35 of the
Accounting Law, the agencies competent to conduct accounting examination are
prescribed as follows:
1. The agencies competent to
decide on the accounting examination defined in Article 31 of this Decree shall
also have competence to conduct accounting examination.
2. The State inspectorate, the
finance inspectorate, the State Audit and tax agencies shall be entitled to
conduct accounting examination while performing the tasks of examining,
inspecting and auditing accounting units.
Article
33.- Sealing, temporary seizure and confiscation of accounting documents
Pursuant to Clause 3 of Article
22 and Clause 2 of Article 40 of the Accounting Law, the sealing, temporary
seizure and confiscation of accounting documents are prescribed as follows:
1. When competent State agencies
decide to seal up accounting documents according to law provisions, the
accounting units and the representatives of the competent State agencies
performing the task of sealing accounting documents must make accounting
document-sealing records. Such a record must clearly state the reasons,
quantity, types and accounting periods of the sealed accounting documents. The
accounting units' representatives at law and the representatives of the State
agencies competent to seal accounting documents must sign and affix their
stamps on the accounting document-sealing records.
2. Where competent State
agencies temporarily seize or confiscate accounting documents, the accounting
units and the representatives of the competent State agencies performing the
task of temporarily seizing or confiscating accounting documents must make
accounting document delivery and receipt records. Such a record must clearly
state the reasons, types of documents, quantity of documents of each type, the
present conditions of temporarily seized or confiscated documents of each type;
for temporarily seized documents, the duration of use and time of return of
accounting documents must be clearly stated. The accounting units'
representatives at law and the representatives of the State agencies competent
to temporarily seize or confiscate accounting documents must sign and affix
their stamps on the accounting document delivery and receipt records, and at
the same time make copies of the temporarily seized or confiscated accounting
documents, then the representatives of the State agencies competent to
temporarily seize or confiscate accounting documents sign and affix their
stamps on the copied accounting documents. For computerized accounting
documents, accounting books and financial statements that have not yet been
printed out on paper, the competent State agencies shall request the accounting
units to print them out on paper and carry out the procedures prescribed for
accounting documents before temporarily seize or confiscate them.
Article
34.- Types of accounting documents to be archived
Pursuant to Article 40 of the
Accounting Law, the types of accounting documents to be archived are prescribed
as follows:
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2. Detailed accounting books,
general accounting books.
3. Financial statements,
management accounting statements.
4. Other accounting-related
documents other than the documents specified in Clause 1, Clause 2 and Clause 3
of this Article, including contracts of all types, documents related to the
receipt and use of budgets, capital and funds; documents related to the tax
obligations towards the State; documents related to the inventory and valuation
of assets, documents related to examination, inspection and audit; documents
related to the division, splitting, merger and operation termination; records
on the destruction of accounting documents and other documents related to
accounting.
Article
35.- Preservation and archival of accounting documents
Pursuant to Article 40 of the
Accounting Law, the preservation and archival of accounting documents are
prescribed as follows:
1. Accounting units must fully
and safely preserve their accounting documents in the process of using them.
Accountants shall have to preserve their accounting documents in the course of
using them.
2. The archived accounting
documents must be originals as prescribed by law for each type of accounting
document. Where accounting documents are temporarily seized, confiscated, lost
or destroyed, there must be records thereon enclosed with the copies of such
documents. For accounting documents which have only one original each but need
to be archived at two places, either of these two places may archive the copies
of such documents as prescribed in Article 18 of this Decree.
3. The accounting units'
representatives at law must bear responsibility for organizing the preservation
and archival of accounting documents to ensure their safety, completeness and
legality.
4. Accounting documents must be
archived in a full and systematic manner, be classified and arranged in
separate dossier sets in the temporal order and according to the annual
accounting periods.
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Pursuant to Article 40 of the
Accounting Law, the places of archival of accounting documents are prescribed
as follows:
1. Accounting documents of an
accounting unit shall be kept at the archival store of such unit. The
accounting document archival store must be situated close to the unit's head
office, have adequate preserving equipment and conditions ensuring safety in
the course of preservation according to law provisions.
2. Where an accounting unit does
not organize an archival section or a store at the unit, it must hire an
organization or agency to archive its accounting documents under an archival
contract made according to law provisions.
3. Accounting documents of the
annual accounting periods, which are still in the archival duration and belong
to the divided, split or merged accounting units, must be archived at the newly
established units. Where the accounting documents of the divided, split or merged
accounting units cannot be divided to the new units, they shall be archived at
the divided or split accounting units or at the places to be decided by the
agencies competent to decide on division or splitting.
4. Accounting documents of the
units that terminate operation, including accounting documents of the annual
accounting period, which are still in the archival duration and accounting
documents related to the operation termination, shall be archived at the places
to be decided by the agencies competent to decide on operation termination.
5. Security and defense-related
accounting documents and permanently archived documents must be archived
according to law provisions.
Article
37.- Accounting documents to be archived for at least 5 years
Pursuant to Article 40 of the
Accounting Law, accounting documents to be archived for at least 5 years
include:
1. Accounting documents used for
routine management and administration of the accounting units, which are not
used directly for making entries in accounting books and for making financial
statements, shall be archived for at least 5 years, counting from the end of
the annual accounting period, such as receipts, expenditure bills, warehousing
bills, ex-warehousing bills not filed in the sets of vouchers kept at the
accounting sections.
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Article
38.- Accounting documents to be archived for at least 10 years
Pursuant to Article 40 of the
Accounting Law, accounting documents to be archived for at least 10 years
include:
1. Accounting documents used
directly for making entries in accounting books and for making financial
statements, detailed lists, general detailed lists, detailed accounting books,
general accounting books, monthly, quarterly and annual financial statements,
settlement reports, records on destruction of archived accounting documents and
other documents related to the making of entries in accounting books and the
making of financial statements.
2. Accounting documents related
to the liquidation of fixed assets.
3. The project management
boards' accounting documents and reports on the settlement of investment
capital of the completed projects.
4. Accounting documents related
to the establishment, separation, splitting, merger and operation termination
of accounting units.
5. For other accounting
documents of accounting units, which are used in a number of cases where it is
prescribed by law that they must be archived for over 10 years, they must be
archived according to such law provisions.
6. Audit documents and dossiers
of the State Audit.
Article
39.- Accounting documents to be permanently archived
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1. Reports on the general
settlement of annual State budgets, already approved by the National Assembly.
2. Dossiers and reports on
settlement of investment capital for capital construction of group-A projects.
3. Other accounting documents of
historical value and important economic, security or defense significance.
The identification of other
accounting documents to be permanently archived shall be decided by the
accounting units' representatives at law, branches or localities on the basis
of such documents' historical value and important economic, security or defense
significance. The duration of permanent archival must be at least 10 years and
last till the accounting documents naturally decay or are destroyed under
decisions of the accounting units' representatives at law.
Article
40.- Archival of electronic vouchers
Pursuant to Article 18 and
Article 40 of the Accounting Law, the archival of electronic vouchers is
prescribed as follows:
1. Electronic vouchers being
magnetic tapes, magnetic discs or payment cards must be arranged in the
temporal order and preserved in proper technical conditions against their
deterioration as well as illegal access from outside.
2. Before being put into
archives, electronic vouchers must be printed out on paper for archival
according to the regulations on archival of accounting documents. Where the
master copies of electronic vouchers are archived on special devices,
appropriate information-reading devices must also be archived to enable the
exploitation thereof when necessary.
3. The time, duration and places
of archival and places of destruction of electronic vouchers shall comply with
the provisions of Articles 35, 36, 37, 38, 39, 41, 42 and 43 of this Decree.
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Pursuant to Article 40 of the
Accounting Law, the time for counting the accounting document archival duration
is prescribed as follows:
1. The time for counting the
duration of archival of accounting documents prescribed in Article 37, Clause
1, Clause 2 and Clause 5 of Article 38 of this Decree shall be the date that
ends the annul accounting period.
2. The time for counting the
duration of archival of accounting documents prescribed in Clause 3 of Article
38 of this Decree shall be the date the reports on the settlement of investment
capital of the completed projects are approved.
3. The time for counting the duration
of archival of accounting documents prescribed in Clause 4 and audit documents
and dossiers prescribed in Clause 6, Article 38 of this Decree shall be the
time of completion of the work.
Article
42.- Destruction of accounting documents
Pursuant to Article 40 of the
Accounting Law, the destruction of accounting documents is prescribed as
follows:
1. Accounting documents with
expired archival duration according to regulations may be destroyed under
decisions of the representatives at law of the accounting units, unless
otherwise designated by competent State agencies.
2. Accounting documents archived
at an accounting unit shall be destroyed by such accounting unit.
3. Depending on the practical
conditions of each unit, accounting documents shall be destroyed in the form
selected by the unit. For accounting documents of a classified type, they shall
be burnt, cut or shredded mechanically or manually, ensuring that information
and figures on the destroyed accounting documents will not be reused.
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Pursuant to Article 40 of the
Accounting Law, the procedures for destruction of accounting documents are
prescribed as follows:
1. The representatives at law of
the accounting units shall decide to set up "councils for destruction of
accounting documents with expired archival duration," Such a council shall
be composed of a leader of the accounting unit, the chief accountant and a
representative of the archival section.
2. The councils for destruction
of accounting documents must inventory, evaluate and classify accounting
documents, and make lists of to be-destroyed accounting documents and the
records on the destruction of accounting documents with expired archival
duration.
3. The records on the
destruction of accounting documents with expired archival duration must be made
immediately after the accounting documents are destroyed, clearly stating the
types of destroyed accounting documents, the archival duration of each type of
accounting documents, the destruction form, the conclusions and signatures of
the members of the destruction councils.
Article
44.- Arrangement of accountants
Pursuant to Clause 1, Article 48
of the Accounting Law, the arrangement of accountants is prescribed as follows:
Accounting units having no big
accounting work volumes may each arrange a full-time accountant or a part-time
accountant who concurrently performs other tasks not banned by the accounting
legislation. At the accounting units where chief accountants must be arranged,
the persons arranged to work as full-time accountants or part-time accountants
must satisfy all criteria and conditions and be arranged to work as chief
accountants or persons in charge of accounting according to the provisions of
Article 45 and Article 47 of this Decree.
Article
45.- Arrangement and removal of chief accountants
Pursuant to Clause 2, Article 48
of the Accounting Law, the arrangement and removal of chief accountants are
prescribed as follows:
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2. The arrangement and removal
of chief accountants of the accounting units stated in Clause 1, Article 2 of
this Decree and the non-business units that self-balance their revenues and
expenditures and are set up by State agencies shall be proposed by the
accounting units' representatives at law and decided by the authorities
competent to appoint the accounting units' representatives at law after
obtaining the written contents of the chief accountants of the immediate
superior accounting units. For other accounting units, their representatives at
law shall make such decisions.
3. Where the post of chief
accountant is vacant because the former chief account is promoted to a new
position, is transferred to another job or is disciplined, the competent
authorities defined in Clause 2 of this Article must immediately arrange a new
chief accountant.
Article
46.- Criteria and conditions for chief accountants
Pursuant to Article 53 of the
Accounting Law, the professional criteria and conditions for chief accountants
are prescribed as follows:
1. Chief accountants of the
accounting units engaged in State budget revenue and expenditure activities
must have professional accounting qualifications and skills of university or
higher degree for central-level and provincial-level units; or have
professional accounting qualifications and skills of intermediate or higher
degree for district-level and commune-level accounting units.
2. Chief accountants at
non-business units and organizations using the State budget and organizations
not using the State budget at the central and provincial levels must have
professional accounting qualifications and skills of university or higher
degree. Chief accountants at the accounting units at other levels must have
professional accounting qualifications and skills of intermediate or higher
degree.
3. For persons with accounting
qualifications and professional skills of university or higher degree, they
must have actually been engaged in accountancy for at least 2 years; for
persons with professional accounting qualifications and skills of intermediate
or higher degree, they must have actually been engaged in accountancy for at
least 3 years, for all levels and units.
4. Persons arranged to work as
chief accountants must fully satisfy the following conditions:
a/ They must not fall into the
subjects banned from working as accountants as prescribed in Article 51 of the
Accounting Law;
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Article
47.- Persons in charge of accounting
Pursuant to Clause 2, Article 48
of the Accounting Law, persons in charge of accounting are prescribed as
follows:
Accounting units that have no
persons who fully satisfy the prescribed criteria and conditions for being
appointed as chief accountants shall be allowed to appoint persons in charge of
accounting. For units engaged in State budget revenue and expenditure
activities, State budget-using non-business units and organizations, they may
appoint persons in charge of accounting for no more than one financial year,
after that they must arrange persons to work as chief accountants according to
regulations.
Article
48.- Organization of the accounting apparatuses at all levels
Pursuant to Clause 3 of Article
48 of the Accounting Law, the organization of the accounting apparatuses at all
levels is prescribed as follows:
1. Accounting units engaged in
State budget revenue and expenditure activities may organize their accounting apparatuses
according to the budget levels prescribed by the State Budget Law.
2. State budget-using
non-business units and organizations, reserve units of the State and other
financial funds of the State shall organize their accounting apparatuses
according to the budget estimation levels as follows:
a/ Grade-I accounting units;
b/ Grade-II accounting units;
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3. Where grade-III accounting
units need to organize attached accounting sections, the organization of such
attached accounting sections shall be decided by the representatives at law of
the superior accounting units of the grade-III accounting units.
Article
49.- Hire of accountants, hire of chief accountants
Pursuant to Clause 1 of Article
56 of the Accounting Law, the hire of accountants and/or chief accountants is
prescribed as follows:
1. Non-business units,
organizations using the State budget may hire accounting service-providing
enterprises or persons with accounting service business registration
certificates to work as accountants or chief accountants. State budget-using
non-business units may hire accountants or chief accountants, which shall be
decided by the units' representatives at law.
2. Persons who are hired to work
as accountants or chief accountants must satisfy the professional criteria
prescribed in Articles 55, 56 and 57 of the Accounting Law and Article 46 of
this Decree.
3. Where accounting units hire
chief accountants, such chief accountants must fully meet the following
conditions:
a/ Having the accountancy
practice certificates as prescribed in Article 57 of the Accounting Law, except
for the cases where the hired chief accountants perform the work of the
accounting service-providing enterprises in accordance with the provisions of
Article 53 of the Accounting Law;
b/ Having the chief
accountant-training certificates as prescribed by the Finance Ministry;
c/ Having the accounting service
business registration certificates or the registration certificates for
practicing accountancy in the accounting service-providing enterprises.
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Article
50.- Implementation effect
1. This Decree takes effect 15
days after its publication in the Official Gazette.
2. All previous regulations on
accounting in the State accounting domain, which are contrary to this Decree,
shall cease to be effective as from the date this Decree comes into force.
Article
51.- Organization of implementation
1. The Finance Minister shall
have to guide and organize the implementation of this Decree.
2. The ministers, the heads of
the ministerial-level agencies, the heads of the Government-attached agencies,
the chairmen of the People's Councils and the presidents of the People's
Committees of the provinces and centrally-run cities shall have to organize the
implementation of this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai