Circular No. 38/2013/TT-NHNN stipulates on translating accounting documents recorded in foreign languages for use in accounting books, writing numbers on accounting documents, and storing electronic accounting documents at the State Bank of Vietnam.

CIRCULAR

Article 24regulating the translation of accounting documents written in foreign languages when used for bookkeeping records,

the writing of numerals on accounting documents and the storage of electronic accounting documents

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Pursuant to the Law on the State Bank of Vietnam No.No. 46/2010/QH12 dated June 16, 2010;

Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;policies accounting sNo. 03/2003/QH11 June 17, 2003;

Pursuant to the Accounting Law number 51/2005/QH11 November 29, 2005;

Pursuant to DecreeNo. 35/2007/NĐ-CP dated March 8, 2007 of the"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on electronic transactions in the banking sector;

Decree No. 156/201Government Decree No. 52/2016/ND-CP dated June 13, 2016 stipulating wages, remuneration, and bonuses for managers in limited liability companies with 100% state capital; 11 ENVIRONMENTJune 2024;(Write full name, sign, stamp) Pursuant to Government Decree No. 136/2020/NĐ-CP dated November 24, 2020 stipulating detailed provisions of certain articles and của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Government regulates the functions, tasks, powers, and structure organization of the State Bank of Vietnam;

/2013/QĐ-TTgNo. 08/2013/CT-TTg dated 14/01/2013 of the Prime Minister of the"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on the Accounting Regulations applicablepolicies to the State Bank of Vietnam;No.Upon the proposal of the Director of the Department of Finance and Accounting

The Governor of the State Bank of Vietnam issues this Circular to regulate the translation of accounting documents written in foreign languages when used for bookkeeping records, the writing of numerals on accounting documents and the storage of electronic accounting documents at the State Bank of Vietnam;

This Circular regulates the translation of accounting documents written in foreign languages when used for bookkeeping records, the writing of numerals on accounting documents and the storage of electronic accounting documents at the State Bank of Vietnam (hereinafter referred to as the State Bank).g 1. The Trading Department, the Department of Finance and Accounting, the Information Technology Bureau, the Issuance and Treasury Bureau, the Administrative Bureau, the Banking Inspection and Supervision Authority, the Representative Office in Ho Chi Minh City, the State Bank branches in provinces and centrally governed cities, and other units under the State Bank that have accounting organizational structures, except for public service units (hereinafter referred to as units under the State Bank).policies 2. Organizations and individuals using accounting documents as prescribed in Article 1 of this Circular.i 1. An accounting document written in a foreign language is an accounting document as defined by the Accounting Law, arising outside the territory of Vietnam and using foreign language writing on the accounting document.No. 2. An international payment document is an accounting document as defined by the Accounting Law used in payment activities where at least one party involved has a payment account outside the territory of Vietnam. l3. An electronic document is an accounting document as defined by the Accounting Law presented in the form of electronic data; encoded without alteration during transmission over computer networks or on information carriers such as magnetic tapes, floppy disks, various types of payment cards; ensuring the security of electronic data during processing, transmission, and storage.,

Article 1. Scope of Regulation

4. Storing electronic documents is the preservation and storage of electronic documents through electronic means as stipulated by the Electronic Transactions Law.

Article 2. Applicability

5. Destroying electronic documents is making the document unusable.

6. Erasing electronic documents is making the electronic document inaccessible and unreferencable to the information contained within it.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

7. Writing numerals according to international conventions is the use of a comma (,) as a separator for natural numbers after thousands, millions, billions, trillions, quadrillions, quintillions, and using a period (.) after the unit digit on accounting documents.

8. A sample translation is the Vietnamese translation of accounting document templates written in foreign languages or the first translation of recurring foreign language accounting documents with identical content.

3. Electronic voucher is an accounting voucher as prescribed by the Accounting Law, represented in electronic data form; encrypted without alteration during transmission over computer networks or on information carriers such as magnetic tapes, disks, various payment cards; ensuring the security of electronic data during processing, transmission, and storage.

4. Storing electronic vouchers is the act of preserving and storing electronic vouchers through electronic means as prescribed by the E-Transactions Law.

5. Voiding electronic vouchers is the act of rendering the vouchers unusable.

6. Destroying electronic vouchers is the act of making the vouchers inaccessible and unreferable to the information contained within them.

7. Writing numbers according to international convention is the use of a comma (,) as a separator for natural number digits after thousands, millions, billions, trillions, quadrillions, quintillions, and using a period (.) as a decimal point after the units digit on accounting vouchers.

8. Sample translation is the Vietnamese translation of foreign language voucher templates or the first translation of foreign language vouchers that occur multiple times with identical content.

Article 4. Translation of foreign language documents into Vietnamese for accounting records

1. Foreign language documents that occur multiple times and have similar economic and financial content must be translated into Vietnamese for the first document or model document (if available). For subsequent documents, only the main contents of the documents must be translated into Vietnamese according to the provisions of the Accounting Law regarding the content of documents.

2. Foreign language documents not covered by Clause 1 of this Article must be fully translated into Vietnamese.

3. The first page of the translation must clearly state the word "TRANSLATION" in the blank space on the upper right corner. If the translation consists of two pages or more, it must be numbered in sequence. All pages of both the original and the translation must be stamped with a cross-stamp between the sheets. The Vietnamese translation under Clause 1 and Clause 2 of this Article must be attached to the original foreign language document and must be stamped with a cross-stamp between the sheets of both the translation and the original. The model translation must be stored in the original transaction file generated in one business day.

4. Units under the State Bank may self-translate or hire organizations or individuals to translate documents. The head of units under the State Bank shall be responsible for the accuracy between the translation and the original document. The person translating foreign language documents into Vietnamese must be proficient in the relevant foreign language.

5. In case of hiring for translation, units under the State Bank must establish Regulations specifying the procedures for translating documents, the rights and responsibilities of organizations and individuals translating documents, and the remuneration for translation services according to the financial mechanism of the State Bank, and submit them to the Governor of the State Bank for review and issuance before implementation.

1. The provisions of this Article apply only to international payment documents at the Trading Center.

2. The Trading Center may use the international practice for writing numerals on international payment documents.

3. The Trading Center must convert the writing of numerals from international practice to the writing of numerals as prescribed by the Accounting Law to ensure accuracy when recording in accounting books and preparing financial reports.

4. The Trading Center must prepare a list of types of documents whose numeral writing will be converted from international practice to serve verification and reconciliation within the unit.

Article 6. Storage of Electronic Documents at the State Bank

1. The storage of electronic documents can only be carried out at the State Bank if all requirements and conditions stipulated in Articles 20 and 21 of Decree No. 35/2007/NĐ-CP dated March 8, 2007 of the Government on electronic transactions in the banking sector are met, and compliance with the State Bank's preservation and storage plan for electronic documents is ensured.

2. The storage of electronic documents must be conducted simultaneously with the preparation, printing, and storage of the Summary of Electronic Documents generated at each unit under the State Bank. Requirements for the preparation of the Summary of Electronic Documents are as follows:

a) The Summary of Electronic Documents must reflect the main contents of each document generated in a day at units under the State Bank and must be printed at the end of each working day. The main contents on the document that need to be reflected in the Summary of Electronic Documents include: Document number, Debit account, Credit account, amount, and summary of the economic transaction;

b) The Summary of Electronic Documents must bear the signatures of the head of units under the State Bank, the head of the accounting department, and the preparer of the Summary of Electronic Documents. The head of units under the State Bank is responsible for the accuracy and consistency of the Summary of Electronic Documents with the original document;

c) The Summary of Electronic Documents must be stored in accordance with the regulations on storing accounting documents.

3. In cases where the provisions set forth in Clauses 1 and 2 of this Article cannot be met, units under the State Bank must print the documents on paper for storage in accordance with the regulations.

Article 7. Cancellation and Destruction of Electronic Documents

The cancellation and destruction of electronic documents at the State Bank shall be carried out in accordance with the provisions of Article 15 and Article 23 of Decree No. 35/2007/NĐ-CP dated March 8, 2007 of the Government on electronic transactions in the banking sector and other relevant legal regulations.

Article 8. Responsibilities for Implementation

1. Units under the State Bank:

a) Shall organize the translation of foreign language documents into Vietnamese for accounting records at the unit, ensuring accuracy and completeness as stipulated in Article 4 of this Circular;

b) Shall organize the storage, cancellation, and destruction of electronic documents in accordance with the provisions of Articles 6 and 7 of this Circular, the Preservation and Storage Plan for Electronic Documents of the State Bank, and the implementation guidelines issued by the Information Technology Department to ensure the accuracy, consistency, and completeness of electronic documents before archiving; they shall be responsible for risks related to stored electronic documents caused by subjective reasons.

2. Information Technology Department:

In addition to the responsibilities specified in Clause 1 of this Article, the Information Technology Department shall be responsible for:

a) Drafting and submitting to the Governor of the State Bank for issuance the Preservation and Storage Plan for Electronic Documents of the State Bank in accordance with Article 22 of Decree No. 35/2007/NĐ-CP dated March 8, 2007 of the Government on electronic transactions in the banking sector and providing guidance on the implementation of this Plan within the State Bank system;

b) Studying and presenting to the competent authority for decision-making on investment in purchasing equipment and solutions for storing electronic documents at the State Bank in accordance with this Circular and other relevant legal regulations.

In addition to the responsibilities specified in Clause 1 of this Article, the Trading Department shall be responsible for implementing the provisions of Clauses 3 and 4 of Article 5 of this Circular.

4. Persons assigned the task of preserving and storing electronic documents:

a) Shall implement the Preservation and Storage Plan for Electronic Documents;

b) Must report to the Head of the Unit for prompt handling and resolution in cases where there is a risk or occurrence of risk to stored electronic documents;

c) Shall not permit any organization or individual to exploit or use stored electronic documents without the written consent of the Head of the Unit or the competent authority.

Article 9. Effective Date

1. This Circular takes effect from June 1, 2014.

2. The provisions regarding the translation of foreign language documents as stipulated in Point a, Clause 3, Article 5 of the Accounting Document Regulations for Banks issued together with Decision No. 1789/2005/QĐ-NHNN dated December 12, 2005 of the Governor of the State Bank shall not apply to units under the State Bank from the date this Circular takes effect.

Article 10. Implementation Organization

The Director of the Office, Heads of the Financial and Accounting Department, Heads of units under the State Bank, and Governors of State Bank branches in provinces and centrally-administered cities are responsible for implementing this Circular./.