Decision No. 30/2005/QD-BTC On the Issuance and Use of Accounts at State Treasury

 

Pursuant to …;

Regarding the issuance of the Regulations on Opening and Using Accounts at State Treasury

THE MINISTER OF FINANCE

Pursuant to Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 128/2004/ND-CP dated May 31, 2004 of the Government detailing and guiding the implementation of certain provisions of the Law on Accounting applicable in state accounting;

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

DECISION:

Article 1: The accompanying this Decision are the "Regulations on Opening and Using Accounts at State Treasury".

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette, replacing Decision No. 430 TC/QD/KBNN dated June 17, 1997 of the Minister of Finance on the issuance of "Regulations on Opening and Using Accounts at State Treasury".

Article 3: The Heads of the Office of the Ministry of Finance, Heads of units under the Ministry of Finance, General Directors of State Treasury, Directors of Provincial State Treasuries, Directors of District, County, City, and Provincial City State Treasuries, and related units and individuals are responsible for implementing this Decision.

 

REGULATIONS

ON OPENING AND USING ACCOUNTS AT STATE TREASURY
(Issued together with Decision No. 30/2005/QD-BTC dated May 26, 2005 of the Minister of Finance

Part 1
GENERAL PROVISIONS

1. Account opening subjects

The account opening subjects at State Treasury (hereinafter referred to collectively as customers) include:

- Units using the State budget and organizations supported by the budget.

- Units and organizations permitted by competent state agencies to collect fees, charges, administrative fines, and confiscations as prescribed.

- Other units and individuals opening accounts at State Treasury according to the regulations of authorized agencies or decisions of the General Director of State Treasury.

2. Types of accounts and usage content

Depending on management requirements and usage of funds, customers may open the following types of accounts at State Treasury:

2.1- Budgetary fund accounts

This type of account is opened for units receiving budgetary funds according to the budgetary fund allocation plan, including:

- Regular budgetary fund allocations.

- Delegated budgetary fund allocations.

2.2- Unit budget deposit accounts

This type of account is opened in the following cases:

- Units benefiting from the State budget are provided with funds through "payment orders".

- Units belonging to armed forces (security, defense).

2.3- Capital investment disbursement accounts and program target capital disbursement accounts

This type of account is opened for project management boards (or principal investors) when they are allocated capital investment and program target capital by the State budget.

2.4- Other deposit accounts

This type of account is opened for units for the following purposes:

- Deposits of other revenue-generating public institutions, units belonging to armed forces (not from State budget funds).

- Management cost deposits of project management boards.

- Other deposits of units and individuals.

2.5- Holding accounts

This type of account is opened for units to monitor temporary holdings and receipts awaiting processing as prescribed by law.

- Financial agency holding accounts.

- Tax agency holding accounts.

- Customs agency holding accounts.

- Police agency holding accounts.

- Project management board holding accounts.

- Holding accounts of other units.

3. Scope of account opening

- Units may open accounts at State Treasury where their main office is located; if it is necessary to open an account at another local State Treasury, approval must be obtained in writing from that local State Treasury and its superior State Treasury.

- For investment projects: project management boards (principal investors) may open capital disbursement accounts at the location of the project implementation or where the project management board's main office is located.

- Units and individuals are not allowed to open foreign currency deposit accounts except with the decision of a competent state agency.

4. Responsibilities and powers of account holders

4.1- Responsibilities of account holders

The account holder is the legal representative owning the deposited funds at State Treasury (budgetary funds or deposits). The account holder is responsible for complying with the regulations on opening and using accounts at State Treasury; adhering to the current financial and monetary management system of the State; and being subject to inspection and supervision by financial agencies and State Treasury.

4.2- Powers of account holders

The account holder has the right to request State Treasury to perform legitimate and valid economic transactions; authorize others to sign transaction documents on their behalf in accordance with the law and procedures for authorization.

5. Responsibilities and powers of State Treasury

5.1- State Treasury has the responsibility to:

- Guide customers to comply with the regulations on opening and using accounts at State Treasury.

- Serve customers in accordance with the current financial management system and principles.

- Inspect and supervise compliance with financial and monetary systems, regulations on opening and using accounts at State Treasury.

- Carry out payments, remit to the State budget, or process according to the decision of a competent state agency.

- Maintain confidentiality of economic information related to customer deposit accounts as prescribed.

5.2- State Treasury has the power to:

- Refuse to accept or make payments if customers do not follow proper procedures for receipt and payment, invalid or illegal accounting documents, or discover violations of financial management regulations, account opening and usage regulations, or laws by account holders.

- Freeze or automatically deduct funds from account holders' accounts according to the decision of a competent state agency.

- Provide economic information about account holder activities to functional agencies or authorized agencies as prescribed.

Part 2
SPECIFIC PROVISIONS

1. Opening an account

1.1- Account opening documents

- For accounts of units and organizations receiving budgetary funds, the account opening documents include:

+ Application for account opening.

+ Sample stamp registration form, signature.

+ Appointment decision for the account holder (unit head), chief accountant (or person in charge of accounting).

+ Legal establishment documentation of the unit, except for certain special cases mentioned in point 1.2.3 of this section.

- In addition to these documents, units need to submit additional documents in the following cases:

+ For budgetary accounts: certificate of unit code using the budget.

+ Account for allocating program-specific funds: decide to establish a project management board or assign the task to the principal investor.

+ Account for allocating investment funds and operational funds with investment characteristics from the State budget: decide to establish a project management board, notify the investment capital plan (for the first year).

In case customers open additional accounts, they only need to send the Kho bạc Nhà nước a request letter to open an account and a sample stamp and signature registration form.

For personal accounts, the account opening dossier includes:

- Identity card (or a letter of introduction from the workplace).

- Request letter to open an account.

- Sample stamp and signature registration form.

1.2- Content of the account opening dossier

1.2.1- Request letter to open an account

The request letter to open an account uses a unified model issued by the Kho bạc Nhà nước and is made up of three copies.

The request letter to open an account must be signed by the account holder and stamped by the unit (personal accounts do not require a stamp).

The account holder must be the head of the unit or a person authorized by the head of the unit to act as the account holder.

1.2.2- Sample stamp and signature registration form

Customers opening an account must directly fill out the sample stamp and signature registration form according to the pre-printed model prescribed by the Kho bạc Nhà nước. Pre-printed stamps, photocopied signatures, carbon copy signatures, and engraved signature stamps are not allowed.

a. Regarding signatures:

- For customer units or organizations:

+ The unit opening the account must register with the Kho bạc Nhà nước at the place where the account is opened the signature of the account holder (first signature) and the signature of the person authorized to sign on behalf of the account holder, the signature of the chief accountant or financial officer (second signature) and the signature of the person authorized to sign on behalf. For units under the armed forces without a chief accountant, there is no need to register the second signature. The head of the unit may not authorize the chief accountant to act as the account holder.

+ On the sample stamp and signature registration form, the full name and position of the person registering the signature must be clearly stated. For units under the armed forces, it is not necessary to state the position.

+ All persons registering signatures must sign two sample signatures on the sample stamp and signature registration form according to the prescribed format.

+ Each unit can only register a maximum of four people signing the first signature (account holder and three authorized persons); three people signing the second signature (chief accountant and two authorized persons).

- For individual customers: must sign three sample signatures on the sample stamp and signature registration form.

b. Regarding stamps:

The stamp registered for transactions with the Kho bạc Nhà nước must be clearly stamped twice and registered with the police authority. For the armed forces, the stamp must be registered with the security agency within the sector (Defense or Public Security).

The sample stamp and signature registration form registered with the Kho bạc Nhà nước is valid from the date of registration until the unit replaces another sample stamp and signature registration form or closes the account and stops transactions at the Kho bạc Nhà nước.

For each account, the unit opening the account must prepare three sample stamp and signature registration forms to send to the Kho bạc Nhà nước at the place where the account is opened.

When changing the person signing the first signature or the second signature, changing the stamp, or changing the unit name or ownership rights of the unit's account at the Kho bạc Nhà nước, a new sample stamp and signature registration form must be prepared to replace the previously registered sample stamp and signature registration form with the Kho bạc Nhà nước.

The sample stamp and signature registration form for personal accounts should clearly state "no stamp" in the section reserved for stamp registration.

1.2.3. Certificate of establishment of the unit and decision appointing the position of the account holder and chief accountant

- Certificate of establishment of the unit

The unit opening the account must send to the Kho bạc Nhà nước at the place where the unit opens the account a copy of the decision establishing the unit, issued by the competent state authority (the copy must be notarized or confirmed by the direct superior managing authority of the unit).

Units only need to submit one certificate of establishment of the unit and the decision appointing the position of the account holder when opening an account for the first time. For subsequent accounts, units only need to submit the request letter to open an account and the sample stamp and signature registration form.

For project management boards, they must submit the decision assigning the task of the principal investor and the permitted stamp.

- Decision appointing the position of the account holder and chief accountant

The unit opening the account must send to the Kho bạc Nhà nước at the place where the unit opens the account a copy of the decision appointing the position of the account holder. If the head of the unit does not directly act as the account holder and authorizes a deputy to act as the account holder, then a letter of authorization for the substitute and a copy of the decision appointing the position of the authorized person must be included in the account opening dossier sent to the Kho bạc Nhà nước.

For some units without a chief accountant (or financial officer), where accounting duties are performed by a specialist concurrently, the unit must submit a document assigning the role of chief accountant (or financial officer) to the concurrent specialist.

Copies of the above documents must be confirmed by the direct superior managing authority of the unit or a state Notary Office.

- The following units do not need to submit documents certifying the legality of the establishment of the unit and the decision appointing the position of the account holder (head of the unit):

+ Party organs of the Communist Party of Vietnam.

+ Central state agencies including: Office of the President, Office of the National Assembly, Office of the Government, Ministries, agencies equivalent to ministries, and agencies under the Government.

+ Agencies of the following organizations: Vietnam Fatherland Front, Ho Chi Minh Communist Youth Union, Vietnam Women's Union, Vietnam Farmers' Union, Vietnam General Confederation of Labor, Vietnam Veterans Association.

+ People's Committees at all levels.

+ Units under the armed forces.

2. Handling the opening of accounts for customers

- At State Treasury units, when customers submit documents to open an account, the Chief Accountant (or accounting staff responsible) must directly receive and process the documents. After reviewing and examining the legality and validity of the procedures, they shall record the customer's account number according to regulations, the start date of operation on the account opening request form, the sample stamp registration, and the customer's signature, sign on the account opening request form, and transfer the entire file for the Director of the State Treasury to approve.

The account opening file approved by the Director of the State Treasury shall be processed as follows:

- Register in the account opening registration book;

- The Chief Accountant of the State Treasury shall directly store and keep the customer's account opening file. The account opening files shall be stored in ascending order of account numbers.

- Hand over one copy of the account opening request form, one sample stamp registration, and signature to the accountant directly dealing with the unit for accounting transaction file storage.

- Return one copy of the account opening request form and one sample stamp registration and signature to the unit.

The time for reviewing and processing the account opening application shall not exceed five working days from the date the State Treasury receives the valid account opening file of the unit.

3. Use of accounts

3.1- For budget expenditure accounts

Units with budget allocations, project sponsors, and project management boards receiving regular budget allocations, authorized budget allocations, and investment limit funds shall use this account in accordance with the current cash control and disbursement regulations and state budget payment systems through the State Treasury.

For Ministries and sectors receiving central government budgets allocated with Item 115 (outbound missions), Item 119 (purchase expenses), and Item 157 (seal affixing fees), if there is a need to pay in foreign currency from the centralized foreign exchange fund of the state, they shall open a budget expenditure account at the State Treasury's Trading Department.

It is strictly prohibited for units to withdraw state budget funds from the budget account and deposit them into a savings account, except in cases where permission is granted by the competent state authority.

3.2- For savings accounts

- Customers may only use their accounts for transactions within the scope of their unit's operations and consistent with the account content registered with the State Treasury. Renting or lending accounts is strictly prohibited. When using money from a savings account, the account holder may only use the available credit balance and must comply with the non-cash payment system regulations, cash management regulations, and state financial regulations.

- Payments made from a customer's savings account must be based on valid and legal standard payment vouchers issued by the account holder. In cases where units violate payment discipline or are required by a competent authority to make payments, the State Treasury has the right and responsibility to deduct from the customer's account to effect the payment.

- When customers delay payments to the state budget, based on the requirements of the competent authority, the State Treasury has the right to automatically deduct from the customer's savings account to pay into the state budget. If the customer's account does not have sufficient balance or is exhausted, the State Treasury will record the outstanding amount in a separate tracking ledger. Once the customer's savings account has sufficient balance, the State Treasury will continue to deduct and pay into the state budget and impose late payment penalties according to the current non-cash payment system regulations. Late payment penalties belong to which level of budget shall be paid into that level of budget according to current regulations.

- When detecting that customers use their savings accounts inconsistently with the registered account content or violate payment procedures, the State Treasury has the right to refuse payment, return payment vouchers to the customer for reissuance. In cases of violating financial regulations, the State Treasury retains payment vouchers to report to the competent authorities for review and handling.

- Daily or periodically, customers must visit the State Treasury office where the account was opened to receive transaction vouchers and reconcile transaction data with the State Treasury. For distant units, if customers request in writing, the State Treasury can send the vouchers via postal service. Customers must pay service charges to the State Treasury.

- Monthly, customers must submit to the State Treasury a confirmation of the account balance (in duplicate) bearing the seal and signature of the unit and the account holder. The State Treasury is responsible for checking and reconciling the account for the unit, the Chief Accountant signs and seals "ACCOUNTANT STATE TREASURY" and returns one copy to the unit, while retaining one copy in the State Treasury's accounting file.

- When discrepancies are found in the detailed account records of customers, the State Treasury shall proactively notify the customer, both parties shall reconcile and adjust. Conversely, if the customer discovers errors in their own account, they must also notify and reconcile with the State Treasury to adjust, ensuring that the figures between both parties always match accurately.

3.3- When preparing accounting vouchers and payment vouchers, customers must comply with the voucher and invoice regulations issued by the Ministry of Finance.

4. Freezing and closing accounts

4.1- Freezing accounts

Customer accounts shall be frozen in the following circumstances:

- Upon receipt of a written request from a competent authority.

- The account holder violates payment discipline such as issuing checks exceeding the account balance, renting or lending accounts, or misusing the account.

- The account holder, being an individual, dies without a legal representative or heir.

Unfreezing accounts shall be carried out according to the decision of the competent authority.

4.2- Closing accounts

Customer accounts shall be closed in the following circumstances:

- The unit ceases to exist legally due to merger, dissolution, or name change.

- The unit requests to change the location of the account opening.

- The account holder submits a written request to close the account.

- Cases of account closure arising after the resolution of account freezing.

- For inactive accounts that have not been active continuously for a period of 12 months (excluding investment capital settlement accounts), the State Treasury shall notify the account holder. Thirty days after the date of notification, if the account holder does not provide any comments, the balance on the account shall be handled as follows:

+ For balances originating from the State Budget, the State Treasury shall process the transfer into the State Budget.

+ For balances not originating from the State Budget, the State Treasury shall process the transfer into a temporary holding account awaiting further handling according to the decision of the competent authority.

When implementing the freezing and closure of an account, the customer and the State Treasury must conduct a reconciliation of data, confirm the balance up to the reconciliation date, prepare a record with signatures and seals of both parties, each party keeping one copy.

The handling and transfer of account balances to another location shall be carried out according to specific requirements of the unit or competent authority.

5. Provisions on interest on deposits and service fees for payment transactions

5.1- Interest on Deposits

- Accounts required by regulations to be opened at the State Treasury shall not earn interest, except where interest is granted according to the Decision of the competent authority.

- Accounts earning interest shall accrue interest at the rate applicable to non-term deposits paid by the State Bank to the State Treasury during the same period.

- Method of Calculating Interest

+ Interest on deposits shall be calculated on the last day of the month.

+ The number of days for calculating interest in a month is uniformly defined as 30 days.

5.2- Service Fees for Payment Transactions

The State Treasury shall not charge service fees for payment transactions for accounts that do not earn interest.

Accounts earning interest must pay service fees for payment transactions at the rate charged by the State Bank to the State Treasury at the time of performing the payment transaction./.