Decision No. 430-TC/QÐ/KBNN on the issuance of regulations for opening and using accounts at State Treasury

Pursuant to …;

||| ISSUING REGULATIONS ON OPENING AND USING ACCOUNTS AT THE STATE TREASURY

THE MINISTER OF FINANCE

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of the Ministry and agencies at the ministerial level;
Pursuant to Decree No. 178/CP dated October 28, 1994 of the Government stipulating the tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 25/CP dated April 5, 1995 of the Government on the tasks, powers, and organizational structure of the State Treasury under the Ministry of Finance;
Pursuant to Decree No. 87/CP dated December 19, 1996 of the Government detailing the delegation, preparation, implementation, and settlement of the State budget;
At the proposal of the General Director of the State Treasury.

DECISION:

Article 1:

This Decision promulgates the "Regulations on Opening and Using Accounts at the State Treasury."

Article 2:

This Decision takes effect from July 1, 1997, replacing Decision No. 80 TC/QĐ/KBNN dated March 6, 1990 of the Minister of Finance promulgating the "Provisional Regulations on Opening and Using Deposit Accounts, Budgeted Expenditure Limits, and Other Accounts at the State Treasury."

Article 3:

The Head of the Ministry of Finance's Office, heads of units directly under the Ministry of Finance, the General Director of the State Treasury, Directors of Provincial, Municipal, District, and City State Treasuries shall be responsible for implementing this Decision.

REGULATIONS

REGULATIONS ON OPENING AND USING ACCOUNTS AT THE STATE TREASURY PROMULGATED BY DECISION NO. 430 TC/QĐ/KBNN DATED JUNE 17, 1997 OF THE MINISTER OF FINANCE

Subjects opening accounts at the State Treasury include:

1. All units using state budget funds.

2. Other units or individuals opening accounts at the State Treasury according to regulations of competent authorities or decisions of the General Director of the State Treasury.

Depending on management requirements and methods of disbursing state budget funds, subjects open accounts at the State Treasury in the following forms:

1. Expenditure Limit Account

This account is opened for units receiving state budget funds through expenditure limit disbursement methods, including:

1.1. Regular Expenditure Limit

1.2. Investment Construction Expenditure Limit

1.3. Delegated Expenditure Limit

2. Unit Budget Deposit Account

This type of account is opened in the following cases:

2.1. Units receiving state budget funds via "payment orders" into their accounts at the State Treasury.

2.2. Units belonging to security and defense forces.

2.3. Management Boards for construction projects receiving state budget funds.

3. Other Deposit Accounts

This account is opened for units based on the following contents:

3.1. Other deposits of public service units with income, units belonging to security and defense forces (not from state budget funds). 3.2. Deposits of other units or individuals according to regulations of competent authorities or decisions of the General Director of the State Treasury.

1. Units may open accounts at the State Treasury where their main office is located according to regulations of the Provincial or Central City State Treasury Director. In cases requiring opening accounts in different locations, approval in writing from the higher-level State Treasury is required.

2. Individuals or units may not open foreign currency deposit accounts except with authorization from competent authorities.

The account holder is the owner or legal representative of the deposited funds at the State Treasury (expenditure limits or deposits). The account holder is responsible for complying with regulations on opening and using accounts at the State Treasury; adhering to financial and monetary management regulations of the state; being subject to inspection and supervision by financial authorities and the State Treasury. They have the right to request the State Treasury where the account is opened to perform legitimate economic transactions; the account holder may authorize others to sign transaction documents with the State Treasury in accordance with laws and procedures for authorization.

1. The State Treasury has the responsibility:

- 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.

- To keep confidential economic information related to customer deposit accounts as prescribed.

2. The State Treasury has the authority:

- To refuse to collect or pay out if payment procedures or accounting vouchers are not valid or if violations of financial management regulations, account opening and usage regulations, or laws are detected.

- To freeze or automatically deduct from the account holder's account according to legal provisions.

- To provide economic information about account activities to functional agencies or authorized bodies as prescribed by the Government.

B- SPECIFIC PROVISIONS

1. Procedures for opening accounts for units

When opening an account, units must submit the following documents to the State Treasury where the account is opened:

- Application for opening an account

- Registration form for sample seals and signatures

- Decision appointing the account holder and chief accountant

- Documents proving the legality of unit establishment, except for special cases mentioned in Article 5 below.

2. Procedures for opening accounts for individuals

Civil servants and employees of state agencies when opening an account must submit the following documents to the State Treasury:

- Civil servant card or letter of introduction from the place of work.

- Request letter to open an account.

- Registration form for signature samples.

3. Application for opening an account

The application for opening an account must be signed by the account holder and stamped by the unit (civil servants and employees do not need to stamp).

The account holder must be the head of the unit or a person authorized to hold the account.

For each account, the unit or individual opening the account must prepare three copies of the application for opening an account, which only needs to be prepared again when the unit name changes, the nature of the unit's operations changes, or the ownership of the individual's account changes.

4. Registration form for sample seals and signatures

Units or individuals opening accounts must prepare the registration form for sample seals and signatures directly according to the pre-printed form prescribed by the State Treasury. Seals or photocopied signatures should not be affixed.

Regarding signatures:

a/ For units:

- The unit opening the account must register with the State Treasury agency where the account is opened the signature of the account holder (first signature) and the person authorized to sign on behalf of the account holder, the signature of the chief accountant or the person in charge of financial accounting (second signature) and the person authorized to sign on their behalf. For units under the armed forces that do not have a chief accountant, there is no need to register the signature.

- On the sample stamp and signature registration form, the full name and position of those introducing the signatures must be clearly recorded. For units under the armed forces, it is not necessary to record the position.

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

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

b/For individuals: Must sign three sample signatures on the sample signature registration form.

Regarding stamps:

The unit opening an account for transactions with the State Treasury must affix a clear sample stamp that has been registered with the police authority. For the armed forces, the sample stamp must be registered with the security agency within the sector (Defense or Security). For each account, the unit opening the account must prepare three copies of the sample stamp and signature registration form to send to the State Treasury agency where the account is opened.

When changing the person signing the first signature or the second signature, or changing the sample stamp, the unit opening the account must re-register the sample stamp and signature form to replace the previously registered sample stamp and signature form with the State Treasury.

The sample stamp and signature registration form registered with the State Treasury is valid from the date of registration until the unit opening the account registers a different sample signature and stamp or closes the transaction account at the State Treasury.

5. Certificate of establishment of the unit and decision appointing the account holder

Units opening accounts must submit to the State Treasury agency where the unit opens the account a copy of the Decree or Decision establishing the unit signed by the competent authority (the most recent effective version); a copy of the decision appointing the account holder (a copy of the decision appointing the head of the unit or appointing the person authorized to act as the account holder) certified by the direct superior management agency or a Notary Public.

For state agencies (Office of the Government, Office of the National Assembly, Office of the President), Communist Party of Vietnam agencies, associations... there is no need to submit a certificate of legality of the establishment of the unit.

For Ministries, agencies equivalent to Ministries, government agencies, central-level Communist Party of Vietnam Party Committees, central-level associations, provincial People's Committees, district People's Committees... there is no need to submit a copy of the decision appointing the head of the unit or appointing the person authorized to act as the account holder.

For units under the armed forces, only a letter of introduction from the superior unit must be submitted to introduce the account holder.

1. At State Treasury agencies, when customers come to submit documents to open a transaction account, the chief accountant (or staff responsible for accounting) must directly receive and process them. After checking and examining the validity and legality of the procedures, the account number of the customer (budget limit account or deposit account in accordance with the prescribed regulations) and the start date of the account operation will be recorded on the account opening request form, the customer's sample stamp and signature registration form, sign on the account opening request form, and transfer the entire file to the Director of the State Treasury for approval.

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

- Enter the account opening registration book,

- The chief accountant of the State Treasury directly retains and preserves one copy of the account opening request form, one copy of the sample stamp and signature registration form, and the certificates of establishment of the unit and appointment of the account holder (retained in order of account number from smallest to largest).

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

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

1. For budget limit accounts:

Budgetary units and project sponsors who are allocated funds through budget limit accounts must use this account under the supervision of the State Treasury in accordance with the current expenditure control system and capital disbursement and payment regulations for construction investment projects.

2. For deposit accounts:

2.1. Units and individuals can only use their own accounts for transactions within the scope of their operations and consistent with the content of the account registered with the State Treasury. Renting or lending accounts is strictly prohibited. When using money from deposit accounts, units and individuals can only use the amount remaining deposited at the State Treasury and must comply with the cashless payment system, cash management regulations, and state financial regulations.

2.2. Payments made from deposit accounts of units and individuals must be based on valid and legal payment vouchers issued by the account holder. In cases where units violate payment discipline or are required by an authorized agency to make payments, the State Treasury has the right and responsibility to deduct from the customer's account to effect the payment.

2.3. When units and individuals delay payments to the State Budget, based on the requirements of the authorized agency, the State Treasury has the right to automatically deduct from the deposit account of the unit or individual and pay into the State Budget. If the account does not have sufficient balance or is exhausted, the State Treasury records the outstanding amount separately; when the unit's account has sufficient balance, it continues to be deducted and paid into the State Budget and late payment penalties are calculated according to the current cashless payment regulations. The late payment penalty amount is paid into the State Budget at the appropriate level.

2.4. When detecting that customers use deposits inconsistently with the content of the registered account and the State Budget Catalogue or violate payment procedures and cash management ..., the State Treasury has the right to refuse payment, return the payment vouchers to the customer for reissuance. In cases of financial system violations, the State Treasury retains the payment vouchers to notify competent authorities for examination and handling.

2.5. Daily, transaction units must go to the State Treasury office where the account was opened to receive vouchers and detailed ledgers, reconcile transaction data with the State Treasury. For units far away, if the customer requests in writing, the State Treasury will send them through the Post Office. Service fees are paid by the customer to the State Treasury.

2.6. Monthly, transaction units must submit to the State Treasury a confirmation of the account balance (in duplicate) bearing the seal of the unit and the signature of the account holder. The State Treasury is responsible for checking and reconciling for the unit (the chief accountant signs and affixes the "State Treasury accounting" stamp, for district, county, or town State Treasuries, they affix the "State Treasury" stamp), returning one copy to the unit, and retaining one copy in the State Treasury's accounting records.

2.7. Upon discovering errors in the detailed ledger entries of the customer's account, the State Treasury proactively informs the customer immediately to adjust uniformly. Conversely, if the customer discovers errors in their own account, they must also inform the State Treasury to make adjustments, ensuring that the figures between both parties always match accurately.

3. When preparing accounting vouchers and payment vouchers, units and individuals must comply fully with the State Treasury's accounting voucher preparation regulations issued by the Ministry of Finance.

1. Freezing

Accounts are frozen in the following situations:

1.1 Frozen upon request in writing from authorized agencies.

1.2. Account holders violate payment discipline (issuing checks exceeding the balance, renting out accounts).

1.3. Individual account holders die without an authorized representative or heir. If there is an authorized representative, the account may also be frozen upon request from authorized agencies.

Unfreezing of accounts is carried out according to the decision of the authorized agency.

2. Closure

Accounts are closed in the following circumstances:

2.1. Units no longer have legal trading names: merger, dissolution, name change. For budgetary unit accounts when changing the place of account opening.

2.2. Account holders request in writing to close the account.

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

2.4. Accounts inactive continuously for three months, the State Treasury notifies the account holder. Thirty days after sending the notification, if the account holder does not respond, the account balance will be handled as follows:

- For accounts with origins from the State Budget, the balance will be transferred to the State Budget.

- For enterprise and individual accounts, the State Treasury transfers the balance to a temporary holding account awaiting resolution according to the decision of the authorized agency.

When implementing account freezing and closure, units and the State Treasury must conduct reconciliation of figures, confirm the balance on the reconciliation date, prepare a record with signatures and stamps 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.

1. Deposit Interest

Budgetary unit deposit accounts and project sponsors receiving funds from the State Budget do not earn interest.

Deposit accounts earning interest are subject to the non-fixed-term deposit rate paid by the State Bank to the State Treasury, including: Social Insurance Fund deposits; Health Insurance Fund deposits; National Investment Support Fund deposits; Enterprise deposits (if any); Individual deposits.

2. Payment Fees and Service Fees for Account Management

The State Treasury does not charge payment fees and service fees for accounts not earning interest.

Accounts earning interest must pay payment fees and service fees at the rates charged by the State Bank to the State Treasury.