Circular No. 131/2017/TT-BTC amends and supplements certain provisions of Circular No. 315/2016/TT-BTC dated November 30, 2016 of the Ministry of Finance on the management and use of accounts of the State Treasury opened at the State Bank of Vietnam and commercial banks.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE CIRCULAR NO. 315/2016/TT-BTC OF NOVEMBER 30, 2016 OF THE MINISTRY OF FINANCE ON MANAGEMENT AND USE OF ACCOUNTS OF THE STATE TREASURY OPEN AT THE STATE BANK OF VIETNAM AND COMMERCIAL BANKS

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to Decree No. 24/2016/NĐ-CP dated April 5, 2016 of the Government stipulating the regime for managing the state treasury;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 26/2015/QĐ-TTg dated July 8, 2015 of the Prime Minister on the functions, tasks, powers, and organizational structure of the State Treasury under the Ministry of Finance;

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

The Minister of Finance issues this Circular amending and supplementing certain provisions of Circular No. 315/2016/TT-BTC dated November 30, 2016 of the Ministry of Finance on management and use of accounts of the State Treasury opened at the State Bank of Vietnam and commercial banks.toCircular No. 315/2016/TT-BTC dated November 30, 2016 of the Ministry of Finance on management and use of accounts of the State Treasury opened at the State Bank of Vietnam and commercial banks (hereinafter referred to as Circular No. 315/2016/TT-BTC) as follows:

Article 1. Amending and supplementing certain provisions of Circular number

1. Units of the State Treasury (ST) include: ST (Central), National Accounting Office, State Treasury Trading Center, ST of provinces and centrally governed cities (hereinafter referred to as provincial-level ST), ST of districts, towns, and cities under provinces, State Treasury Transaction Offices under provincial-level ST (hereinafter referred to as district-level ST).

"Article 2. Applicability

Article 3 of Circular No. 315/2016/TT-BTC shall be amended as follows:

2. a) Amend Clause 1 and Clause 2 as follows:

"1. The general settlement account of the National Accounting Office opened at the State Treasury Trading Center of the State Bank of Vietnam (SBV) pursuant to the authorization of the General Director of the State Treasury: This is an account without fixed term deposit, used to ensure the general payment capacity of all ST units through inter-bank electronic payment channels. At the end of each day, this account always has a debit balance at the National Accounting Office.

2. The general settlement account of the National Accounting Office opened at central commercial banks (CCBs) pursuant to the authorization of the General Director of the State Treasury: This is an account without fixed term deposit, used to ensure the general payment capacity for all ST units that have opened accounts within the same CCB system through bilateral electronic payment channels. At the end of each day, this account always has a debit balance at the National Accounting Office."

b) Repeal Clause 3.

Article 4 of Circular No. 315/2016/TT-BTC shall be amended and supplemented as follows:

3. For the National Accounting Office:

a) Amending Clause 1 as follows:

"1. a) Open general settlement accounts in Vietnamese dong (VND) and foreign currency at the State Treasury Trading Center of the SBV;

b) Open general settlement accounts in VND and foreign currency at central CCBs."

b) Supplement Clause

a after Clause 1 of Article 4 as follows: 1a. For the State Treasury Trading Center: Open accounts in VND and foreign currency at central CCBs."

"1c) Amend Clause 2 as follows:

"a) Open dedicated revenue collection accounts (in VND and foreign currency) at branches of CCBs in the same province to concentrate state budget revenues through the State Treasury;

b) Open foreign currency settlement accounts at one branch of a CCB or SBV branch in the same province to concentrate revenues and make payments and disbursements of state funds in foreign currency (only applicable in areas where there are state budget revenues or expenditures in foreign currency)."

Article 5 of Circular No. 315/2016/TT-BTC shall be amended as follows:

4. "Article 5. Use of State Treasury Accounts

1. Contents of account usage:

a) The general settlement account of the National Accounting Office opened at the State Treasury Trading Center of the SBV is used to implement state treasury receipts and payments of the State Treasury Trading Center and provincial-level ST units through inter-bank electronic payment channels; transactions related to debt management; operations to manage account balances to ensure the payment capacity of the State Treasury at the State Treasury Trading Center of the SBV and commercial bank systems; temporary idle fund utilization transactions, handling temporary shortages of state treasury funds according to regulations, and other transactions (if any) in accordance with the law.

b) The general settlement account of the National Accounting Office opened at central CCBs is used to settle daily final accounts of state treasury receipts and payments from the settlement accounts and dedicated revenue collection accounts of ST units (State Treasury Trading Center, provincial-level ST, district-level ST) at CCBs according to regulations;

c) The settlement account of the State Treasury Trading Center opened at CCBs is used to implement state treasury receipts and payments, transactions related to debt management; settle daily final accounts of receipts and payments generated on the account to the general settlement account of the National Accounting Office at the same CCB system; utilize temporarily idle state treasury funds, handle temporary shortages of state treasury funds according to regulations; manage account balances to ensure the payment capacity of the State Treasury at the State Treasury Trading Center of the SBV and commercial bank systems;

d) The settlement accounts of provincial-level ST and district-level ST units opened at CCBs are used to implement state treasury receipts and payments; settle daily final accounts of receipts and payments generated on the account to the general settlement account of the National Accounting Office at the same CCB system; deposit and withdraw cash of district-level ST;

đ) Dedicated revenue collection accounts of provincial-level ST and district-level ST units opened at CCBs are used to concentrate state budget revenues; settle daily final accounts of state budget revenues to the general settlement account of the National Accounting Office at the same CCB system."

đ) Special revenue accounts of provincial KBNN units and district KBNN units opened at commercial banks shall be used to concentrate state budget revenues; to settle end-of-day settlement transactions for state budget revenues transferred to the consolidated payment account of the State Treasury Accounting Department within the same commercial bank system.

In the case where the Provincial Treasury Bank (KBNN) and District Treasury Bank open dedicated revenue accounts at commercial banks that have not participated in bilateral electronic payment transactions with the Treasury Bank, all newly generated State budget revenues on these dedicated revenue accounts must be transferred to the consolidated payment account of the National Accounting Agency at the State Bank of Vietnam's Branch Office at the end of each working day through the inter-bank electronic payment process; or transferred to the payment account of the District Treasury Bank (for dedicated revenue accounts of the District Treasury Bank) for subsequent transfer to the consolidated payment account of the National Accounting Agency at the central commercial bank through the bilateral electronic payment process, ensuring that the dedicated revenue accounts of the Provincial Treasury Bank and District Treasury Bank have zero balances at the end of each working day; except for revenues generated after the temporary cessation of the transmission of payment documents for daily reconciliation between the Provincial Treasury Bank, District Treasury Bank, and the commercial bank where the dedicated revenue account is opened, which will be transferred to the corresponding accounts on the next working day.

2. Regarding the payment process

a) The collection, disbursement, payment, and reconciliation of data for the consolidated payment account of the National Accounting Agency opened at the State Bank of Vietnam's Branch Office shall be carried out in accordance with the regulations of the State Bank of Vietnam;

b) The collection, disbursement, payment, reconciliation of data, and daily settlement for consolidated payment accounts, payment accounts, and dedicated revenue accounts of Treasury Bank units (National Accounting Agency, Treasury Bank Branch Office, Provincial Treasury Bank, District Treasury Bank) at commercial banks shall be conducted according to the bilateral electronic payment process agreement between the Treasury Bank (Central) and each commercial banking system. The Treasury Bank shall coordinate with the commercial banking systems where the accounts are opened to unify the bilateral electronic payment process agreement between the Treasury Bank (Central) and each commercial banking system, in compliance with the provisions of the law.

In the case where the Provincial Treasury Bank and District Treasury Bank open payment accounts (only applicable to the District Treasury Bank) or dedicated revenue accounts at commercial banks within the same locality that have not participated in bilateral electronic payment transactions with the Treasury Bank, the manual payment process using paper documents as prescribed by the State Bank of Vietnam and the commercial bank where the Provincial Treasury Bank and District Treasury Bank open their accounts shall be followed.

5. Clause 1 of Article 6 of Circular No. 315/2016/TT-BTC shall be amended and supplemented as follows:

"1. For the National Accounting Agency and the Treasury Bank Branch Office:

a) The Treasury Bank Branch Office shall handle the procedures to close and settle all existing consolidated payment accounts at the State Bank of Vietnam's Branch Office and central commercial banks; simultaneously, the National Accounting Agency shall handle the procedures to open and use consolidated payment accounts at the State Bank of Vietnam's Branch Office and central commercial banks when implementing the unified control point project for State budget expenditures through the Treasury Bank.

For the payment accounts of the Treasury Bank Branch Office currently opened at central commercial banks, the Treasury Bank Branch Office may continue to use them in accordance with the bilateral electronic payment process.

b) Based on needs and actual conditions, the General Director of the Treasury Bank shall consider and decide on the selection of additional accounts to be opened at other commercial banks outside the current commercial banking systems where the Treasury Bank has accounts.

6. Clause 2 of Article 7 of Circular No. 315/2016/TT-BTC shall be amended as follows:

"2. For the consolidated payment account of the National Accounting Agency opened at the State Bank of Vietnam, monthly interest and fee payments shall be calculated, confirmed, and recorded in accordance with the regulations of the State Bank of Vietnam."

7. Clause 2 of Article 8 of Circular No. 315/2016/TT-BTC shall be amended as follows:

"2. Organize the management of balances on the consolidated payment accounts of the National Accounting Agency to ensure the payment capacity of the entire Treasury Bank system."

Article 2. Effective Date

1. This Circular takes effect from February 1, 2018.

2. The Treasury Bank and relevant agencies,尊敬的单位， organizations, and individuals are responsible for implementing this Circular..