Circular No. 63-TC/KBNN guides the transfer, receipt, and storage of gold, silver, precious metals, gemstones, and other valuable assets seized or temporarily held within the State Treasury system.

CIRCULAR OF THE MINISTRY OF FINANCE

Guidelines for transferring, receiving, and storing gold, silver, precious metals, gemstones, and other valuable assets seized,
temporarily held within the State Treasury system

Pursuant to Point A, Article 2 of Decision No. 07/HĐBT dated January 4, 1990 of the Council of Ministers on the establishment of the State Treasury System under the Ministry of Finance; Points 11, 12, 13 (Section II) of Circular No. 12/TTLN issued jointly by the State Bank of Vietnam and the Ministry of Finance on February 17, 1990 regarding the transfer of state financial reserve funds from the State Bank to the State Treasury System; the Ministry of Finance provides guidelines for transferring, receiving, and storing gold, silver, precious metals, gemstones, state reserves, seized assets, temporarily held pending decision and processing, and assets entrusted by units, organizations, and citizens for safekeeping as follows:

I - GENERAL PROVISIONS

1. State agencies, social organizations, and citizens with assets consisting of gold, silver, precious metals, gemstones (hereinafter referred to as gold and precious items), regardless of their source, must comply with the guidelines set forth in this Circular when entrusting them to the State Treasury for safekeeping.

2. The transfer, receipt, and storage of gold and precious items must be conducted according to prescribed procedures, ensuring rationality, legality, accuracy in quantity, quality, weight, and form.

3. The head of the State Treasury is responsible for organizing the secure and confidential transfer, receipt, and storage of all types of gold and precious items belonging to the state and the people stored in the State Treasury's warehouse.

II - SPECIFIC PROVISIONS

A - OBJECTS AND PROCEDURES FOR TRANSFER AND RECEIPT

1. The State Treasury accepts custody and storage of gold and precious items belonging to the following categories:

Gold and precious items belonging to state financial reserves managed by central and local authorities.

Seized gold and precious items incorporated into state assets.

Gold and precious items of state agencies with authority, temporarily held pending resolution.

Gold and precious items of state agencies, social organizations, and private entities entrusted to the State Treasury for safekeeping.

Cultural and artistic treasures of national value entrusted to the State Treasury system for safekeeping.

2. The forms of acceptance by the State Treasury are as follows:

a. The State Treasury accepts custody in sealed packages in the following cases:

Physical items seized by state agencies in violation cases, documented and sealed according to proper procedures.

Gold and precious items of state agencies, social organizations, and private entities requesting the State Treasury to hold must be packaged and sealed according to regulations, with State Treasury staff present to inspect and witness.

b. In other cases, the State Treasury accepts custody through weighing, measuring; counting, determining quantity, quality, and value of the items. Determination of quantity and quality of items is carried out by specialized technical staff of the State Treasury or authorized competent agencies using necessary methods and equipment through steps such as inspection, testing, weighing, measuring, and counting each type of item. Based on the list of items submitted and the appraisal results, the State Treasury calculates the value of each type and the total gold and precious items submitted according to the state-prescribed price list.

3. All types of gold and precious items deposited into the State Treasury must have a letter (for agencies and organizations) or application (for individuals) requesting deposit, accompanied by a detailed list of items and related documents:

Seized gold and precious items submitted to the state budget must have a disposal decision from the competent authority.

Temporarily held gold and precious items awaiting resolution must clearly indicate in the request letter and handover record.

Gold and precious items of agencies, organizations, and individuals must have an application requesting deposit and a detailed list specifying each type, quantity, quality, form, and weight of the items.

Gold and precious items belonging to state financial reserves, centrally collected - must have complete original documents and handover records between the State Bank and the State Treasury (if these assets are received from the State Bank).

Gold and precious items belonging to cultural and artistic heritage - must have complete documentation and a request letter from the competent authority.

4. Based on the list and the results of the quality and value appraisal of the items, the State Treasury establishes four copies of the handover record: two copies given to the depositor as proof of handover; one copy given to the State Treasury accountant for inventory entry and accounting when returning, and one copy retained by the warehouse manager along with the submission documents.

The depositor, recipient, technical staff, and packers and counters must sign the handover record.

The handover record must include:

Date and time of handover

Name, address, ID number of the depositor or representative of the agency handing over the items.

Name and position of the recipient of the items.

Names of technical staff, packers, and counters.

Item name, quantity, weight, quality, value.

Form of handover.

Any discrepancies between the submitted list and the inspection/appraisal results (if any).

The head of the agency handing over or receiving the items must sign and stamp to confirm.

5. Agencies, organizations, and individuals coming to the State Treasury to retrieve items must present the following documents:

Request letter or application to retrieve the items.

Introduction letter from the agency that handed over the items for the person retrieving the items.

Handover record of the items to the State Treasury.

Identity card of the person retrieving the items at the State Treasury.

Disposal decision from the competent authority (for gold and temporarily held assets).

6. When returning gold and precious items, the State Treasury warehouse manager must check the following documents:

Documents specified in point 5 above.

Warehouse release order from the head of the State Treasury.

Warehouse release form from the State Treasury accountant.

Based on the handover record, the State Treasury must establish a return record according to the procedures stipulated in point 4 above.

If the depositor requests to retrieve only part of the total amount deposited, the State Treasury still must follow the procedure to accept the remaining items the customer wishes to deposit.

B - RESPONSIBILITY FOR THE SAFEKEEPING OF GOLD, SILVER, AND PRECIOUS ITEMS.

1. Responsibility of the State Treasury

1.1. Maintain ledgers and retain all relevant files and documents concerning gold, silver, and precious items stored in the warehouse.

1.2. Items must be recorded and tracked according to regulations; each type must be stored separately according to order and catalog to facilitate inspection and avoid confusion during entry and exit. Catalogs of gold and precious items are divided by type and quality.

1.3. All types of gold, silver, and precious items must be arranged and stored absolutely safely to prevent confusion, damage, mold, and deterioration affecting the quality of the assets. The code on the seal must match the storage code and the warehouse card code.

1.4. Provide complete procedures and facilitate conditions for customers to deposit or retrieve gold, silver, and precious items at the State Treasury.

2. Responsibilities of agencies, units, and individuals depositing gold, silver, and precious items into the State Treasury.

2.1. Agencies and units with gold, silver, and precious items belonging to state reserves; gold, silver, and precious items that have been decided to confiscate and transfer to the state budget; and gold, silver, and precious items awaiting processing must deposit them into the State Treasury for safekeeping.

2.2. Fully implement the prescribed procedures for depositing and retrieving gold, silver, and precious items at the State Treasury.

2.3. Pay service fees for the safekeeping of gold, silver, and precious items at a rate of 0.05% (five ten-thousandths) per month based on the total value of the deposited items (the maximum collection amount is 500,000 VND/month/unit).

The service fees collected by the State Treasury shall be used to supplement the acquisition of equipment and facilities for the safekeeping of state and people's assets deposited at the State Treasury. Annually, the State Treasury will settle accounts with the Ministry of Finance regarding the use of these service fees.

2.4. Gold, silver, and precious items belonging to state reserves; gold, silver, and precious items that have been decided to confiscate and transfer to state assets, the State Treasury has the responsibility to store them without charging service fees.

III - IMPLEMENTATION

1. All staff members responsible for receiving, delivering, and storing gold, silver, and precious items at the State Treasury must strictly comply with all regulations stipulated in this Circular. Those who perform well will be rewarded, while those who lack a sense of responsibility and intentionally violate the established principles, causing damage or loss of state and people's assets, must compensate for the losses and be subject to administrative penalties or prosecution under the law.

2. State agencies, social organizations, and the public with gold, silver, and precious items deposited at the State Treasury must fully comply with the regulations stipulated in this Circular and specific guidance from the State Treasury agency.

3. The State Treasury Department shall guide and uniformly implement throughout the system.

4. This Circular takes effect from the date of issuance. The Director of the State Treasury Department, heads of units under the Ministry, directors of Provincial Departments of Finance and Prices, and chiefs of provincial and municipal State Treasuries must strictly adhere to the guidelines provided in this Circular./.