THE
GOVERNMENT
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
No.
40/2012/ND-CP
|
Hanoi
, May 2, 2012
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DECREE
ON THE ISSUANCE OF MONEY, THE PRESERVATION AND TRANSPORT OF VALUABLE
PROPERTY AND VALUABLE PAPERS IN THE SYSTEM OF THE STATE BANK, BRANCHES OF
FOREIGN BANKS AND CREDIT INSTITUTIONS
Pursuant to the Law on
Organization of the Government on December 25, 2001;
Pursuant to the Law on the State
Bank of Vietnam on June 16, 2010;
Pursuant to the Law on Credit
Institutions on June 16, 2010;
At the proposal of the
Governor of the State Bank of Vietnam,
The Government promulgates
the Decree on the issuance of money, the preservation and transport of valuable
property and valuable papers in the system of the State Bank, branches of
foreign banks and credit institutions.
Chapter I
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Article 1.
Scope of regulation
This Decree prescribes the
process of printing, minting, the preservation, transport, issuance,
withdrawal, replacement and destruction of banknotes and coins (hereinafter
referred to as money); the preservation and transport of valuable property and
valuable papers in the system of the State Bank, branches of foreign banks and
credit institutions; and the expenses on the issuance of money.
Article 2.
Subjects of application
1. The State Bank of Vietnam
(hereinafter referred to as the State Bank),
2. Branches of foreign banks and
credit institutions.
3. Money printing and minting
facilities; the State Treasury; and other relevant agencies, organizations and
individuals.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. “Cash” means banknotes and
coins issued by the State Bank.
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3. “Money suspended from
circulation” means banknotes and coins that are no longer valid for circulation
under the Prime Minister's decision.
4. “Money unfit for circulation”
means circulating banknotes and coins issued by the State Bank, that have been
torn, damaged or deformed as specified by the State Bank.
5. “Valuable property” includes
gold, precious metals, gems, foreign currencies in cash and other types of
valuable property.
6. “Money printing and minting
facility” means an organization engaged in printing and minting money at home
or abroad that design, print and mint money under contracts with the State
Bank.
Chapter II
MONEY PRINTING, MINTING AND ISSUE
Section 1.
PRINTING AND MINTING MONEY
Article 4.
Printing and minting of money in circulation, printing and minting new money
unissued
1. Depending on the annual
forecast about the demand for cash of the economy, the need for money issue
reserve and the need for replacement of money unfit for circulation, the
Governor of the State Bank shall make decisions on the mechanism and volume of
the printing and minting money in circulation.
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Article 5.
Graphic design of money
1. The State Bank shall organize
the design of money and ensure that they are aesthetic, distinctive, able to represent
national culture and follow the world’s money design trend.
2. The design of money must suit
the materials and the printing technology; ensure high durability and
anti-counterfeiting capacity; and ensure convenience for the use, preservation
and handling of money.
3. The State Bank shall act as
owner of the copyright on the approved designs of all kinds of money. The
artists who directly creating the approved money design shall be recognized as
the authors or co-authors and shall be paid under the law on intellectual
property.
Article 6.
The prepress process of money printing and minting
1. The State Bank shall organize
the prepress process of money printing and minting satisfying the following
requirements:
a/ Correctly and fully
displaying the details of the approved designs;
b/ Satisfying the technical
standards of each kind of money.
2. The Governor of the State
Bank shall specify the embedment of security features on the money in order to
improve the anti-counterfeiting capacity.
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The State Bank shall organize
the money printing and minting process on the following principles:
1. The money printing and
minting process is carried out under the contracts between the State Bank and
money printing and minting facilities on the basis of the money printing and
minting plans and the technical standards of each kind of money as specified by
the Governor of the State Bank.
2. The State Bank shall inspect
the quality of all kinds of money before the money printing and minting
facilities hand over money to the State Bank.
3. In case the Vietnamese money
is printed or minted abroad, or the mould is made abroad, or the prepress
process is done abroad, the Governor of the State bank must obtain the approval
from the Prime Minister.
4. The State Bank shall guide
money printing and minting facilities to manage each kind of money printed and
minted; guide and supervise money printing and minting facilities destructing
damaged money, damaged printing paper or damaged printing or minting products.
Article 8.
Money printing and minting
1. Money printing and minting
facilities shall prepare and safely manage the equipment, supplies, raw
materials and ancillary materials serving the money printing and minting under
contracts.
2. Domestic money printing and
minting facilities shall develop and submit the technological process of money
printing and minting and submit to the Governor of the State Bank for approval.
3. The money printing and
minting facilities shall submit the printed or minted samples, the printing
plates and the molds to the Governor of the State Bank for approval before
officially carry out the printing and minting process.
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5. Money printing and minting
facilities must not use materials specialized for printing and minting Vietnamese
money to produce other products unless they obtain prior written consent from
the State Bank.
6. Money printing and minting
facilities shall ensure the confidentiality of information relating to money
printing and minting as prescribed.
Section 2. MONEY
ISSUANCE
Article 9.
Management of issue reserve funds and issue operation funds
1. The State Bank shall
establish the issue reserve funds and issue operation funds in the system of
the State bank.
a/ Issue reserve funds shall be
managed at Central money vaults and money vaults provincial branches of the
State Bank;
b/ Issue operation funds shall
be managed at money vaults of the State Bank's Transaction Center and money
vaults of provincial branches of the State Bank.
2. Sources of issue reserve
funds and issue operation funds:
a/ An issue reserve fund is
provided by:
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- Money from issue operation
funds.
b/ An issue operation fund is
provided by:
- Money from issue reserve funds;
- Money collected from
circulation.
Article 10.
Announcing the issuance of new kinds of money
1. Depending on the demand for
cash of the economy and currency stabilization requirements, the Governor of
the State Bank obtain the decision from the Prime Minister on the issuance of
new kinds of money, including:
a/ The new denominations;
b/ The time and methods for
issuing new kinds of money.
2. The State Bank shall announce
the following contents on means of mass media:
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b/ The time and methods for
issuing new kinds of money;
c/ The denominations, sizes,
weight and other features of each kind.
Article 11.
The issuance of money
1. The State Bank shall issue
money for circulation and collect money from circulation through its cash
collection and payment activities and other operational activities.
2. The State Bank must satisfy
the demand for cash from branches of foreign banks and credit institutions and
the State Treasury on the basis of the balance of their deposit accounts at the
State Bank.
Article 12.
Selection and classification of money
1. The State Bank, credit
institutions, foreign bank branches and the State Treasury are responsible for
selecting, classifying and handling money.
2. The State Bank shall guide
and inspect the selection, classification and handling of money.
Chapter
III
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Article 13.
Principles of preserving money, valuable property and valuable papers
1. Money, valuable property and
valuable papers in the system of the State Bank, branches of foreign banks and
credit institutions shall be preserved in money vaults; classified, counted,
packed, sealed, and stored in separate areas in the money vault.
2. Vaults shall be constantly
guarded and protected 24/24.
Article 14.
Responsibility to preserve money, valuable property and valuable papers
1. Money printing and minting
facilities must preserve newly printed and minted money not yet handed over to
the State Bank.
2. The State Bank must preserve
new kinds of money unissued, money in circulation (including money unfit for
circulation), money suspended from circulation, valuable property and valuable
papers within its scope of management.
3. Branches of foreign banks and
credit institutions must preserve money, valuable property and valuable papers
under their management.
4. The State Bank must guide and
inspect the preservation of money, valuable property and valuable papers.
Article 15.
Construction and management of vaults
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2. The State Bank shall build
central money vaults and money vaults of provincial branches of the State Bank
for preserving money, valuable property and valuable papers under its
management.
3. Branches of foreign banks and
credit institutions shall build money vaults for preserving money, valuable
property and valuable papers under their management.
Chapter IV
TRANSPORT OF MONEY, VALUABLE PROPERTY AND
VALUABLE PAPERS
Article 16.
Scope of and responsibility for transport
1. The State Bank shall organize
transport of money, valuable property and valuable papers:
a/ From money printing and
minting facilities, airports, ports and train stations to central money vaults
and vice versa;
b/ Among central money vaults;
c/ Between central money vaults
and the money vaults of provincial branches of the State Bank;
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2. Branches of foreign banks and
credit institutions shall organize the transport of money, valuable property
and valuable papers under their management among themselves, and between them
and the State Bank.
Article 17.
Transport principles
The transport of money, valuable
property and valuable papers in the system of the State Bank, branches of
foreign banks and credit institutions must comply with the following
principles:
1. Having the transport order
from competent authorities.
2. The Money, valuable property
and valuable papers must be transported in specialized vehicles or other safe
means of transport.
3. The money, valuable property
and valuable papers transported must be sufficiently escorted.
4. The transport plans and
processes must be confidential.
5. Money, valuable property and
valuable papers must be packed and sealed and safely preserved during the
transport.
Article 18.
Transport of money, valuable property and valuable papers
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2. The State Bank shall define
technical standards for specialized vehicles and technical equipment; and guide
and inspect the transport of money, valuable property and valuable papers in
the system of the State Bank, branches of foreign banks and credit
institutions.
Article 19.
Protection of transport
1. The Ministry of Public
Security shall send forces to protect the transport of money, valuable property
and valuable papers of the State Bank.
2. The checkpoints and mobile
patrol teams of law enforcement forces must not stop and check specialized
vehicles transporting money, valuable property and valuable papers of the State
Bank, branches of foreign banks and credit institutions while they are moving .
3. Vehicles transporting money,
valuable property and valuable papers of the State Bank are given priority
during rush hours, when crossing bridges, on ferries and to enter blocked
roads.
4 People's Committees at all
levels shall cooperate with the State Bank, branches of foreign banks and credit
institutions in promptly settling problems arising during the transport of
money, valuable property and valuable papers of the State Bank, branches of
foreign banks and credit institutions locally.
Chapter V
THE WITHDRAWL, REPLACEMENT AND DESTRUCTION OF
MONEY
Section 1:
THE WITHDRAWAL AND REPLACEMENT OF MONEY
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1. The State Bank, credit
institutions, foreign bank branches and the State Treasury shall collect and
exchange money unfit for circulation under the State Bank's regulations.
2. The State Bank shall define
standards for identifying money unfit for circulation; collect and exchange
kinds of money unfit for circulation; and guide and examine implementation of
these regulations.
Article 21.
Money withdrawal and replacement
1. Announcement of money
withdrawal and replacement
The Prime Minister shall make
decisions on suspending the circulation and replacing the kinds of money in
circulation. Depending on the Prime Minister's decision, the State Bank shall
announce the following contents on means of mass media:
a/ The Government's policy on
suspending the circulation and withdrawing the money suspended from
circulation; on partially or completely replacing the kinds of money in
circulation;
b/ The forms, procedures and
time limit for withdrawing the kinds of money suspended from circulation.
2. Money withdrawal and
replacement
a/ The State Bank shall organize
the withdrawal of the kinds of money suspended from circulation as prescribed;
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c/ The issuance of substitute
kinds of money shall be carried out under the Prime Minister's decision.
Section 2.
MONEY DESTRUCTION
Article 22.
Money that must be destructed
Money that must be destructed
includes:
1. Money unfit for circulation.
2. Money suspended from
circulation.
Article 23.
Organizing and managing the money destruction
1. After being destroyed, the
money destructed must not be able to be restored and re-used as money.
2. The money destruction must
ensure absolute safety and ensure the State’s secret.
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Article 24.
Settlement of money from scrap sale
The money from the sale of scrap
from the money destructed shall be recorded to the State Bank's receipts from
professional operations.
Chapter VI
EXPENSES ON MONEY PRINTING, MINTING,
PRESERVATION, TRANSPORT, ISSUANCE, WITHDRWAL, REPLACEMENT AND DESTRUCTION
Article 25.
Regular expenses
Annual regular expenses on money
printing, minting, preservation, transport, issue, withdrawal, replacement and
destruction shall be paid and managed under the Law on the State Budget and the
State Bank's financial regulations.
Article 26.
Expenses on printing and minting new money
Expenses on printing and minting
new kinds of money not yet issued shall be separately recorded under the
project approved by the Government. The Governor of the State Bank shall manage
and examine such expenses under confidentiality regulations and simultaneously
report the expenses to the Prime Minister and the Ministry of Finance.
Chapter
VII
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Article 27.
Responsibilities of the State Bank
1. Organizing the design,
printing, minting, issue, withdrawal, replacement, classification and
destruction of money; preserving and transporting money, valuable property and
valuable papers in the State Bank's system.
2. Cooperating with functional
agencies in detecting and preventing prohibited acts specified in Article 23 of
the Law on the State Bank of Vietnam.
3. Guiding the regulations on
cash management within the State Bank's system, cash transactions, budgetary
services, and the accounting and statistics regulations under the law on
accounting and statistics.
Article 28.
Responsibilities of the Ministry of Finance
1. Inspecting the printing,
minting and destruction of money carried out by the State Bank .
2. Inspecting the implementation
of relevant provisions of this Decree of the State Treasuries.
Article 29.
Responsibilities of the Ministry of Public Security
1. Securing the money issuance,
the preservation and transportation of valuable property and valuable papers of
the State Bank, protecting the money vaults of the State Bank and money vaults
of money printing and minting facilities.
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3. Examining items suspected to
be counterfeit money or destructed money.
Article 30.
Responsibilities of People's Committees at all levels
1. Cooperating in and
facilitating the protection of money vaults and the transport of money,
valuable property and valuable papers of the State Bank, branches of foreign
banks and credit institutions in localities.
2. Directing professional
sectors in disseminating the awareness of preserving and protecting the
Vietnamese currency; preventing acts of destructing money, or making, transporting,
storing and circulating counterfeit money.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article 31.
Effect
1. This Decree takes effect on
June 26, 2012.
2.This Decree supersedes the
Government's Decree No. 81/1998/ND-CP of October 1, 1998, on the printing,
minting, preservation, transport and destruction of banknotes and coins; on the
preservation and transport of valuable property and valuable papers within the
banking system; and the Government's Decree No. 87/1998/ND-CP of October 31,
1998, on the issuance, withdrawal and replacement of banknotes and coins.
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1. The Governor of the State
Bank, the Minister of Finance and the Minister of Public Security shall, within
the ambit of their functions and tasks, guide and inspect the implementation of
this Decree.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies and Presidents of
provincial-level People's Committees are responsible for the implementation of
this Decree./.
FOR
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung