THE STATE BANK OF VIETNAM
-------------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No. 28/2008/QD-NHNN
|
Hanoi, October 10, 2008
|
DECISION
ON THE ISSUANCE OF THE REGULATION ON THE
DEALING WITH COUNTERFEIT MONEY, MONEY SUSPECTED BEING COUNTERFEIT IN BANKING
INDUSTRY
THE GOVERNOR OF THE STATE BANK
- Pursuant
to the Law on the State Bank of Vietnam in 1997 and the Law on the amendment, supplement
of several Articles of the Law on the State Bank of Vietnam in 2003;
- Pursuant to the Decree No. 96/2008/ND-CP dated 26 August 2008 of the
Government, providing for the functions, duties, authorities and organizational
structure of the State Bank of Vietnam;
- Pursuant to the Decision No. 130/2003/QD-TTg dated 30 June 2003 of Prime
Minister on the projection of Vietnamese currency;
- Upon the proposal of the Director of the Issuing and Vault Department,
DECIDES:
Article 1. To issue in conjunction with this Decision
"the Regulation on the dealing with counterfeit money, money suspected
being counterfeit in banking industry".
Article 2. This Decision shall be effective after 15
days since its publication in the Official Gazette.
Article 3. The Director of the Administrative
Department, the Director of the Issuing and Vault Department, the Director of
the Banking Operation Department, General Managers of the State Bank branches
in provinces, cities under the Central Governments management, General Directors
(Directors) of credit institutions, other organizations engaging in banking
activity shall be responsible for the implementation of this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Dang Thanh Binh
REGULATION
ON THE DEALING WITH COUNTERFEIT MONEY,
MONEY SUSPECTED BEING COUNTERFEIT IN BANKING INDUSTRY
(issued in conjunction with the Decision No. 28/2008/QD-NHNN dated 10
October 2008 of the State Bank of Vietnam)
Chapter I.
GENERAL
PROVISIONS
Article 1. Governing scope
This Regulation
governs the seizure of counterfeit money, temporary seizure of money suspected
being counterfeit, verification of counterfeit money, money suspected being counterfeit,
affixing the seal on the counterfeit money, package, delivery and receipt,
transport and destruction of counterfeit money in banking industry.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. State Bank,
credit institutions and other organizations engaging in banking activity
(hereinafter referred to as bank).
2.
Organizations which, individuals who have counterfeit money, money suspected
being counterfeit which is detected and seized by the bank in cash transaction
with the bank.
Article 3. Interpretation
In this
Regulation, following terms shall be construed as follows:
1. Counterfeit
money means the money which is made the same as paper money (cotton money,
polymer money), coin of Vietnam, but is not printed, coined, issued by the
State Bank of Vietnam.
2. Money
suspected being counterfeit means the money which has not been concluded as
real money or counterfeit money.
Chapter II.
SPECIFIC
PROVISIONS
Article 4. Seizure of counterfeit money
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a. Where it can
be confirmed that the money with doubtful signal is the counterfeit money as
notified by the State Bank (or Ministry of Public Security), the bank must draw
up the minutes (Appendix No. 1), seize and affix the seal, punch on the
counterfeit money; if there is any doubt on the circulation of counterfeit
money or upon detecting 5 sheets of counterfeit money (or 5 pieces for
counterfeit coin) and more in a transaction, or if customer fails to comply
with the drawing of minutes, seizure of counterfeit money by the bank, the bank
shall inform the nearest public security agency. The stamping, punching of
counterfeit money shall be implemented in accordance with Article 6 of this
Regulation.
b. For type of
counterfeit money which has not been notified (counterfeit money of new type),
the bank shall draw up the minutes (Appendix No. 1), seize (not stamp, punch on
the counterfeit money); timely give a notice to the nearest public security
agency; inform and send all counterfeit money of new type to the State Bank
branch in province, city under the central Government's management in the
locality within 2 working days since the detection of the counterfeit money.
Upon receiving information of the counterfeit money of new type, the State Bank
branch in province, city under the central Government's management shall
immediately give a notice to the public security agency of the same level and
the Issuing and Vault Department.
2. Bank staff
seizing counterfeit money must be the one who has attended a training course on
the technique of identifying counterfeit money, real money.
3. Any act of
returning the counterfeit money, money suspected being counterfeit to customers
is strictly prohibited.
Article 5. Temporary seizure of money suspected being counterfeit
Credit
institutions, other organizations engaging in banking activity shall draw up
minutes and temporarily seize the money suspected being counterfeit (Appendix
No. 2). Within a period of 3 working days since the day of temporary seizure,
credit institutions, other organizations engaging in banking activity shall
send the money suspected being counterfeit to the State Bank branches in
provinces, cities under the central Government's management or Public Security
agency in the locality for verification. Verification result shall be notified
in writing to customers whose money is suspected being counterfeit.
Article 6. Affixing the seal of counterfeit money
1. Seal of
counterfeit money
The seal of
counterfeit money has rectangular form, measurement: 20mm x 60mm; measurement
of the bank's name part: 5mm x 60mm, the letter "counterfeit money"
has measurement of 15mm x 60mm; the ink to be used is red.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
To affix the
seal of counterfeit money on two sides of the counterfeit money sheet and punch
four holes on the counterfeit money sheet (each edge of the length of the
counterfeit money sheet shall be punched with 2 balanced holes by the punch
pliers used in the office).
Article 7. Package, preservation of counterfeit money
1. Package,
sealing up of counterfeit money
a. Counterfeit
cotton money, counterfeit polymer money: 100 sheets of counterfeit money of the
same face value, same material shall be packaged in one money quire; 10 quires
of counterfeit money shall be packaged in 1 bundle (1,000 sheets) and sealed
up. If there are not enough 1,000 sheets, the package and sealing up shall
still be carried out.
b. Counterfeit
coin: 100 pieces shall be packaged in 1 small bag and sealed up; 10 small bags
shall be packaged in 1 large bag (1,000 pieces), sealed up. Where there are not
enough 100 pieces, the counterfeit coins shall be packaged in nylon bag and
sealed up.
c. State Bank
shall be responsible for packaging, sealing up bundles, bags of counterfeit
money and it is required to clearly and fully state elements on the seal under
current provisions on sealing up cash of the State Bank.
2. Counterfeit
money shall be separately preserved in the money warehouse of the State Bank.
Article 8. Delivery, receipt and transport of counterfeit money
1. Delivery,
receipt of counterfeit money between credit institutions, other organizations
engaging in banking activity and State Bank branches in provinces, cities under
the central Government's management, Banking Operation Department of State Bank
shall be performed by sheet (or piece for counterfeit coin) on monthly basis
(except for the case of counterfeit money of new type, the delivery and receipt
shall be performed in accordance with provisions in Point b, Paragraph 1,
Article 4 of this Regulation), the delivery bank shall draw up minutes of
delivery and receipt of counterfeit money (Appendix No. 3)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. State Bank
branches in provinces, cities under the central Government's management,
Banking Operation Department shall be responsible for verifying the
authenticity of each counterfeit money sheet handed in by credit institutions,
other organizations engaging in banking activity.
Where real
money is detected in the amount of counterfeit money handed in, State Bank
branches, Banking Operation Department of the State Bank shall draw up minutes,
require the bank that seized that money to return the same value of the money
to customer and make report on return result to the State Bank within 1 month.
The bank, staff of the bank seizing the real money of customer shall be
responsible for any consequence (if any) caused to the customer.
The real money
sheet stamped with the seal "counterfeit money" shall be revoked,
exchanged at par (to Credit) for the handing in bank and a corner of that money
sheet shall be cut (one eighth of the money sheet area), the package, delivery
and receipt of that money shall be performed like for the money not qualified
for circulation in accordance with applicable provisions of the State Bank.
3. State Bank
branches in provinces, cities under central Government's management, Banking
Operation Department of the State Bank shall hand in the counterfeit money to
the Central Money Warehouse, State Bank - Binh Dinh province Branch at least
once every 6 month, possibly combining with the inward, outward transfer of
money of the State Bank. The method of delivery and receipt shall be performed
by the sealed up bundle, bag of the delivery bank.
4. For
counterfeit money which has not been notified (counterfeit money of new type),
State Bank branches in provinces, cities under the central Government shall
hand in counterfeit money of new type upon request of the Issuing and Vault
Department; method of transport shall be decided upon by Manager of State Bank
branches in provinces, cities under the central Government's management,
ensuring the security and timeliness.
Article 9. Verification of counterfeit money, money suspected being
counterfeit
1. Any
organization, individual that has a demand for verification of counterfeit
money, money suspected being counterfeit must submit a written application
(Appendix No. 4) and transfer the counterfeit money, money suspected being
counterfeit that need verifying to State Bank branch in province, city under
the central Government's management, the Issuing and Vault Department or Branch
of Issuing and Vault Department.
2. Verification
result of the State Bank branch in province, city under the central
Government's management, the Issuing and Vault Department or Branch of the Issuing
and Vault Department shall be informed in writing to organizations, individuals
that request for verification within 5 working days since the receipt of the
application for verification. The verification shall be implemented free of
charge.
3. Dealing with
the verification result at the State Bank branches in provinces, cities under
the central Government's management:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b. If the
verification result shows that the money is counterfeit and has been notified
by the State Bank (or Ministry of Public Security), State Bank branches shall
seize the counterfeit money, appendix the seal, punch on the counterfeit money
(if the counterfeit money sheet has not been stamped, punched).
c. If the
verification result shows that the money is counterfeit and has not been
notified (counterfeit money of new type), State Bank shall seize the
counterfeit money (but not seal and punch on the counterfeit money) and
transfer the counterfeit money to the Issuing and Vault Department in
accordance with provisions in Paragraph 4, Article 8 of this Regulation.
d. Where State
Bank branches in provinces, cities under the central Government's management
can't conclude whether the money is real or counterfeit, the amount of money
that need verifying shall be transferred to the Issuing and Vault Department
for verification in the soonest time.
4. Dealing with
verification result at the Issuing and Vault Department, Branch of Issuing and
Vault Department:
a. If the
verification result shows that the money is real, the amount of real money
shall be returned to organization, individual requesting for verification or
shall be handed in to the Banking Operation Department (or State Bank Hochiminh
city branch) to Credit against the bank requesting for verification.
b. If the
verification result shows that the money is counterfeit and has been notified
by the State Bank (or Ministry of Public Security), to seize, seal, punch and
hand in the money to the Banking Operation Department (or State Bank Hochiminh
city branch). For counterfeit money of new type (which has not been notified by
State Bank or Ministry of Public Security), to seize and not to seal, punch on
the counterfeit money.
5. Counterfeit
money, money suspected being counterfeit which is verified upon request of
Public Security agencies, Border Guard Agencies, Customs shall be returned to
the unit requesting for verification, after verification, not to stamp, punch
on the counterfeit money.
6. Officers in
charge of verification of counterfeit money, money suspected being counterfeit
of the State Bank must possess the certificate or be certified as having
attended a training course on operation of money verification issued by the
State Bank.
Article 10. Maintenance, preservation of counterfeit money at the
Issuing and Vault Department
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 11. Revocation and destruction of counterfeit money
1. State Bank
shall organize the receipt, destruction of counterfeit money handed in by
organizations, individuals
2. The
destruction of counterfeit money, real money that is affixed with the seal
"counterfeit money" of the State Bank shall be implemented in
accordance with provisions applicable to the destruction of money not qualified
for circulation.
3. The
destruction of counterfeit money which is exhibits of criminal cases shall be
implemented in accordance with provisions of applicable laws on sentence
execution.
Article 12. Information, reporting about counterfeit money
1. State Bank
branches in provinces, cities under the central Government's management, credit
institutions, other organizations engaging in banking activity shall make
report on the counterfeit money seized in accordance with current provisions of
the State Bank.
2. Upon
detecting counterfeit money of new type, or detecting any signal of storage,
circulation and transport of counterfeit money, the Bank must timely inform
public security agency and State Bank branch in province, city under the
central Government's management in the locality. State Bank (the Issuing and
Vault Department) shall timely inform Ministry of Public Security (Department
of Economic Security Protection) about counterfeit money of new type. The
Issuing and Vault Department shall give a written notice of characters of the
counterfeit money of new type to Department of Economic Security Protection
(Ministry of Public Security); Department of Reconnaissance (High Command of
Border Guard); State Bank branches in provinces, cities under the central
Government's management; State owned credit institutions; State Treasury for
prevention from and combating against counterfeit money.
Article 13. Accounting, inventory of counterfeit money
Counterfeit money
shall be accounted off- balance sheet and the inventory of counterfeit money
shall be performed periodically in accordance with applicable provisions of the
State Bank.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
IMPLEMENTING
PROVISIONS
Article 14. Reward and dealing with violation acts
1. Reward
On annual
basis, organizations, individuals that make excellent achievements in the
implementation of this Regulation shall be considered, by Government of the
State Bank, deciding the reward in accordance with provisions of applicable laws
and of banking industry.
2. Dealing with
violation act
Organizations,
individuals committing any violation act of this Regulation shall, depending on
the nature, seriousness of violation, be subject to discipline, administrative
punishment; for serious violation acts, they shall be prosecuted for criminal
liability in accordance with provisions of applicable laws.
Article 15. Guidance, inspection of implementation
The Issuing and
Vault Department shall be responsible for providing guidance and inspecting the
implementation of this Regulation in banking industry. State Bank branches in
provinces, cities under the central Government's management shall inspect the
implementation of this Regulation by credit institutions, other organizations
engaging in banking activity in the locality.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------
MINUTES
On the
seizure of counterfeit money
Today, at
......... h......, at..................., we, including:
1. The unit seizing
the counterfeit money
(Name of the
unit):............................................
address:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
2. Payer
(Customer):
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Tel
No.:.................................................................................................................................
Address:...............................................................................................................................
Amount
paid:.................................................. , in
words........................................................
Pursuant to the
Official Dispatch No. ........../PHKQ9.m dated........./ ..../....... of the
State Bank on characters of counterfeit money of type.......; upon comparing
with the security characters of the specimen money (real money) of the same
type.
While counting
the money amount paid by customer, have detected counterfeit money as follows:
Ordinal number
Type of counterfeit money
Number of sheets (piece)
Serial Number
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1
2
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3
4
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5
....
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Pursuant to
Paragraph 5, Article 4, Decision No. 130/2003/QD-TTg dated 30 June 2003 of
Prime Minister on the protection of Vietnamese currency and the Decision No...../2008/QD-NHNN
dated....../..../2008 of the Governor of the State Bank, we draw up the minutes
on the seizure of counterfeit money mentioned above.
The minutes are
made into 3 copies, 1 copy for customer, 2 copies for keeping at the unit
seizing the counterfeit money
CUSTOMER
(sign, clearly state full name)
PERSON WHO SEIZES COUNTERFEIT MONEY
(sign, clearly state full name)
HEAD OF UNIT
(sign, clearly state full name and seal)
Note: Person
who seizes the counterfeit money: cash tallyman, cashier, transactor
Appendix No. 2
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Today, at .........
h......, at..................., we, including:
1. The unit
temporarily seizing the money suspected being counterfeit
(Name of the
unit):............................................
address:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
2. Payer
(Customer)
Full
name:.............................................................................................................................
ID Card
(Passport) No....................... , issued on....................... at.........................................
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Address:...............................................................................................................................
Amount
paid:.................................................. , in
words........................................................
While counting
the money amount paid by customer, have detected money suspected being
counterfeit as follows:
Ordinal number
Type of counterfeit money
Number of sheets (piece)
Serial Number
Note
1
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2
3
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4
5
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
....
Pursuant to
Paragraph 5, Article 4, Decision No. 130/2003/QD-TTg dated 30 June 2003 of
Prime Minister on the protection of Vietnamese currency and the Decision
No...../2008/QD-NHNN dated....../..../2008 of the Governor of the State Bank, we
draw up the minutes on the temporary seizure of money suspected being
counterfeit as mentioned above to send them for verification. Upon availability
of verification result, we will inform the result to the customer.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
CUSTOMER
(sign, clearly state full name)
PERSON WHO TEMPORARILY SEIZES MONEY
(sign, clearly state full name)
HEAD OF UNIT
(sign, clearly state full name and seal)
Note: Person
who temporarily seizes the money: cash tallyman, cashier, transactor
Appendix No. 3
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------
MINUTES
On the
delivery and receipt of counterfeit money
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The delivery
party (Name of the
bank)..................................................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
2. Recipient
(State Bank branch in province, city...)
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
- Mr.
(Mrs.)......................................................
Position:........................................................
The two parties
have handed over and received the counterfeit money amount as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Type of counterfeit money
Quantity (sheet, piece)
Material of counterfeit money (nylon, paper)
Serial number
Note
1
500,000 dong
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2
200,000 dong
3
100,000 dong
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4
50,000 dong
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
20,000 dong
....
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Method of
delivery, receipt: by sheet
The minutes are
made into 2 copies, each party keeps one.
Delivery party
Recipient
Note:
Delivery bank shall draw up the minutes.