Circular No. 122/2012/TT-BTC stipulates the management of rare assets and valuable documents received and stored by the State Treasury.

CIRCULAR

Regulations on the management of rare assets and valuable papers received for safekeeping by the State Treasury

held and kept by the State Treasury with a value as recognized by the State Treasury

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The Minister of Finance hereby issues this Circular prescribing the standard fees for importing, exporting, and storing pesticides reserved for national stockpiles managed by the Ministry of Agriculture and Rural Development as follows:

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Law on Fees and Charges; Decree No. 24/2006/NĐ-CP dated March 5, 2006 amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP;

Implementing Resolution No. 68/NQ-CP dated December 27, 2010 of the Government on simplifying administrative procedures within the scope of functions of the Ministry of Finance;

Considering the proposal of the General Director of the State Treasury;

The Minister of Finance issues this Circular guiding the management of rare assets and valuable papers received for safekeeping by the State Treasury (hereinafter referred to as KBNN) as follows:

Article 1. Scope of Regulation

This Circular stipulates the management of rare assets and valuable papers received for safekeeping by KBNN.

Article 2. Objects and sources of rare assets and valuable papers received for safekeeping by KBNN

1. Objects: KBNN receives and keeps various types of rare assets and valuable papers (hereinafter collectively referred to as assets) as prescribed in this Circular including:

1.1. Rare assets are: gold, silver, precious metals, gemstones, antiques, national treasures.

1.2. Valuable papers are: stocks, bonds, bills of exchange, promissory notes, treasury bills, deposit certificates, other valuable papers as prescribed by law, with value that can be converted to money and permitted to trade.

2. Sources:

2.1. State assets handed over to KBNN for management include:

a) Assets transferred to KBNN by central ministries, sectors, and local functional agencies pursuant to decisions of the Prime Minister or Chairmen of provincial People's Committees directly under the Central Government.

b) Assets belonging to the National Financial Reserve Fund managed by the Central Government and provinces directly under the Central Government.

c) Assets confiscated and incorporated into the State Treasury or already established as State property.

d) Other types of assets handed over to KBNN for management by the State.

2.2. Assets temporarily held by functional agencies awaiting decisions from competent authorities.

2.3. Assets legally owned by agencies, units, organizations, or individuals deposited with KBNN for safekeeping.

3. KBNN does not accept safekeeping of the following assets:

3.1. Assets not falling within the objects specified in Clause 1 of this Article.

3.2. Assets prohibited by law from being bought, sold, or stored.

Article 3. Forms of receiving and safekeeping

1. Before KBNN receives and keeps assets sealed in bags or packages, they must be inspected for quantity, weight, quality, witnessed by KBNN staff and asset owners, except in cases provided for in Clause 2 of this Article.

2. KBNN receives and keeps assets sealed in boxes, bags, or packages without inspecting quantity, weight, and quality in the following cases:

2.1. Assets temporarily held by functional agencies awaiting decisions from competent authorities, documented in temporary holding records and sealed according to regulations.

2.2. State assets handed over to KBNN for management, inspected, packaged, and sealed according to decisions of competent authorities.

Article 4. Documents and procedures for KBNN to receive and keep assets

1. Inspect documents before receiving, specific documents as follows:

1.1. For State assets handed over to KBNN for management, including:

a) Request letter according to Model No. 01 issued together with this Circular.

b) Decision of the competent authority transferring assets to KBNN for management.

c) Inspection record of quantity, weight, and quality of assets (if applicable).

d) Relevant documents related to changes in assets during the management process (if applicable).

1.2. For assets temporarily held by functional agencies awaiting decisions from competent authorities:

a) Request letter according to Model No. 01 issued together with this Circular.

b) Temporary holding record of assets.

c) Inspection record of quantity, weight, and quality of assets (if applicable).

1.3. Assets legally owned by agencies, units, organizations, or individuals deposited with KBNN for safekeeping:

a) Request letter (for agencies, units, organizations) according to Model No. 01 issued together with this Circular or Asset Deposit Request Form (for individuals) according to Model No. 02 issued together with this Circular.

b) Detailed list of deposited assets according to Model No. 03 issued together with this Circular.

c) Inspection record of assets.

d) Identity card of the person depositing assets (for individuals).

e) Relevant documents related to deposited assets (if applicable).

2. KBNN receives assets:

2.1. Receiving assets without inspection as stipulated in Clause 2 of Article 3 of this Circular, KBNN must perform the following steps:

a) Check sealing, ensuring sealing is intact, not torn or deformed, with elements such as: name of sending agency; name, signature of the sealer (sender); date of sending. Compare these elements on the seal with the receipt record, confirming each sealed package matches the corresponding case. KBNN does not accept safekeeping of multiple cases in one sealed package.

b) Prepare Receipt Record according to Model No. 04a issued together with this Circular.

c) KBNN guides and witnesses the depositor in packaging and sealing assets according to regulations. Inside the sealed package, there must be a receipt record attached. For assets temporarily held by functional agencies awaiting decisions from competent authorities, after the depositor seals the package, the warehouse management team places it in a bag, re-seals it, and signs on the seal. Each storage bag only contains assets from one case along with relevant documents. Multiple cases should not be placed in one storage bag.

2.2. Receiving assets with inspection as stipulated in Clause 1 of Article 3 of this Circular, KBNN must perform the following steps:

a) KBNN invites functional agencies to conduct asset inspection and valuation at the KBNN premises, witnessed by the asset depositor and KBNN staff. The inspection record is prepared by the functional agency, signed by the depositor and KBNN staff as witnesses.

b) Packaging and sealing: After the assets have been inspected, KBNN guides and witnesses the sender to package and seal the assets themselves; the warehouse management places the sealed package in a bag, re-seals it, and signs on the seal. Each preservation bag only contains the temporarily held assets of one case along with relevant files and papers related to the assets. Multiple cases' assets shall not be placed in one preservation bag.

c) Establish the Handover Receipt according to Form No. 04a - Issued together with this Circular.

d) Process to sign the Asset Preservation Contract according to Form No. 05 - Issued together with this Circular (for cases where asset preservation fees are charged as stipulated in Clause 1, Article 7 of this Circular).

3. Time limit for processing the file and procedures for receiving assets: Maximum two working hours from the time all required documents are received (excluding the inspection process carried out in point a, subpoint 2.2, Clause 2, of this Article).

Article 5. Documents and Procedures for the State Treasury to Transfer Assets

1. Documents for Requesting Asset Transfer:

1.1. Basis Documents for Asset Transfer:

a) Decision on asset withdrawal from the financial reserve fund issued by the Prime Minister or the head of the agency authorized by the Prime Minister (for the Central Financial Reserve Fund) or by the Chairman of the People's Committee of provinces or centrally-administered cities (for the Local Financial Reserve Fund).

b) Decision on asset disposal (sale, transfer, or other forms of disposal) issued by the competent authority for assets that have been decided to be confiscated and transferred to the state treasury or for which state ownership has been established.

c) Decision on asset disposal (confiscation, purchase at public auction, repurchase, return) issued by the competent authority for temporarily held assets awaiting disposal.

d) Decision of the competent authority regarding the transfer of management and preservation responsibilities for other types of assets entrusted to KBNN for management.

1.2. Other Documents:

a) Identity card of the person receiving the assets.

b) Request letter (for agencies, units, organizations) according to Form No. 06 - Issued together with this Circular.

c) Certificate of inheritance rights in accordance with the law (for individuals receiving inherited assets).

d) Power of attorney (in cases of delegation - except when already delegated in the Request Letter, according to Form No. 06 - Issued together with this Circular).

2. State Treasury Transfers Assets:

2.1. When transferring assets, KBNN must control the documents and process the transfer, establish the handover receipt for assets (according to Form No. 04b "Issued together with this Circular") in accordance with the prescribed regulations.

2.2. Before transferring the assets, KBNN must request the sender to check the condition and seals of the preservation bag. If there are suspicious signs about the condition of the seal, both parties must confirm and establish a record. The sender has the right to invite an appraisal agency before opening the preservation bag to inspect the assets inside in the presence of KBNN.

In case the bag or package is found to be unsealed or damaged during inspection, both parties must invite representatives of the legal authorities to witness the appraisal and transfer of the assets.

2.3. For cases where an Asset Preservation Contract has been signed, after returning the assets, the transferring party and the receiving party must complete the contract termination procedures in accordance with the regulations. If the sender requests to retrieve part of the assets previously sent under one contract, KBNN must first process the full return of the assets under that contract to the sender, then process the receipt of the remaining assets to be sent again. The procedure for receiving the returned assets follows the initial sending procedure.

3. Time limit for processing the file and procedures for transferring assets: Maximum two working hours from the time all required documents are received.

Article 6. Responsibilities of the Parties in the Handover and Storage of Assets

1. Responsibilities of the State Treasury (KBNN):

a) Open various types of ledgers to record and monitor each entry and exit of assets.

b) Guide procedures and create favorable conditions for the depositor to deposit and retrieve assets.

c) Prepare sufficient means: wrapping paper, binding ropes, bags, storage boxes, and tools for quantity, weight, and quality inspection.

d) Ensure absolute safety of the sealed asset packages of the depositor, preventing any mix-up, loss, or damage. If such incidents occur, the State Treasury shall bear the responsibility for compensation.

đ) Maintain confidentiality for the depositor (except when required by law to provide information or hand over assets to authorized agencies).

e) Promptly notify the depositor to take appropriate measures if the storage bag may lose its seal and needs resealing.

g) The State Treasury shall not be responsible for the quantity, weight, and quality of assets in sealed packages that remain unopened.

h) The State Treasury shall not be liable under the law for the legitimate ownership rights of the assets deposited for storage by organizations, units, or individuals.

2. Responsibilities of Organizations, Units, and Individuals with Assets Deposited at the State Treasury:

a) Adhere to the procedures and processes for depositing and retrieving assets as prescribed.

b) Bear legal responsibility for the legitimate ownership rights of the assets deposited for storage at the State Treasury.

c) Be responsible for the entire quantity, weight, and quality of their own assets if they retrieve sealed packages intact.

d) In case the depositor loses the deposit documentation, they must immediately inform the State Treasury in writing to prevent further issues. Subsequently, the depositor must personally visit the State Treasury's office to present a lost declaration form, confirmed by the police or local authorities, along with other required procedures to terminate the old contract and sign a new one.

đ) When there is a change in the owner of the deposited assets, the depositor must submit a written request to the State Treasury to terminate the contract so that the State Treasury can enter into a new contract with the new owner.

e) Be responsible for paying inspection fees, valuation fees, and storage fees as stipulated.

Article 7. Storage Fees

1. Object of Storage Fee Collection: The State Treasury collects storage fees from assets with origins specified in Point 2.3 Clause 2 Article 2 of this Circular; it does not collect storage fees from assets with origins specified in Points 2.1 and 2.2 Clause 2 Article 2 of this Circular.

2. Level of Storage Fee Collection:

a) For rare assets: 0.05% (five ten-thousandths) of the value of the asset per month, but not less than 100,000 VND per bag (package) per month; not more than 10,000,000 VND per bag (package) per month.

In cases where the value of the stored asset cannot be determined, the State Treasury and the customer will negotiate and agree on a reasonable fee level.

b) For negotiable instruments: 0.04% (four ten-thousandths) of the face value of the negotiable instrument per month, but not less than 80,000 VND per bag (package) per month; not more than 500,000 VND per bag (package) per month.

c) In cases of significant price fluctuations, the Minister of Finance shall set appropriate fee levels based on actual conditions during specific periods.

3. Storage fees must be paid by the depositor to the State Treasury according to the terms of the Asset Storage Contract.

In case of late payment beyond the contract period, the depositor must pay an overdue fee equal to 150% of the regular fee rate for the number of days exceeding the contract period.

Article 8. Implementation organization

1. This Circular takes effect from September 15, 2012, and replaces Circular No. 80/1999/TT-BTC dated June 29, 1999, issued by the Ministry of Finance guiding the management of rare assets and negotiable certificates received and stored by the State Treasury, and Circular No. 27/2000/TT-BTC dated April 6, 2000, issued by the Ministry of Finance supplementing Circular No. 80/1999/TT-BTC dated June 29, 1999.

2. Heads of financial agencies, all levels of the State Treasury, related units, and organizations and individuals subject to the State Treasury's receipt and storage responsibilities are responsible for implementing this Circular./.