Circular No. 80/1999/TT-BTC guides the management of rare assets and valuable certificates received and stored by the State Treasury.

CIRCULAR

Guidelines for Managing Precious Assets and Valuable Certificates Handled and Safeguarded by the State Treasury

The State Treasury receives and safeguards precious assets and valuable certificatesn

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, the Ministry of Finance provides guidelines for managing precious assets and valuable certificates handled and safeguarded by the State Treasury (ST) as follows:

1. OBJECTS AND SOURCES OF PRECIOUS ASSETS AND VALUABLE CERTIFICATES HANDLED BY THE STATE TREASURY

1/ Objects of Safeguarding:

The ST receives and safeguards various types of precious assets and valuable certificates as stipulated in this Circular including: gold, silver, precious metals, gemstones, antiques, national treasures, stocks, bonds, promissory notes, bills of exchange, government securities...

2/ Sources of Precious Assets and Valuable Certificates Handled by the ST Include:

- Transferred to the ST by the State Bank, Ministries, Central Agencies, and local functional agencies pursuant to the Prime Minister's Decision or the People's Committee Chairman's Decision of provinces and centrally-administered cities.

- Part of the National Financial Reserve Fund managed by the Central Government and provinces and centrally-administered cities.

- Seized by functional agencies awaiting decisions from competent authorities.

- Confiscated and incorporated into the State Treasury or ownership established for the State.

- Legally owned by State agencies, social organizations, and individuals deposited with the ST for safekeeping.

- Other types of precious assets and valuable certificates entrusted to the ST for management by the State.

3/ The ST will not accept the following assets and certificates for safekeeping:

- Not classified as precious assets or valuable certificates.

- Prohibited by law from buying, selling, or storing.

2. FORMS OF SAFEKEEPING

1/ The ST accepts safekeeping of precious assets and valuable certificates in sealed bags or packages without quantity, weight, and quality inspection in the following cases:

- Precious assets and valuable certificates seized by functional agencies such as Police, Public Prosecution, Taxation, Customs, Forest Rangers... with seizure records, temporary custody records, and properly sealed packaging according to regulations.

- Precious assets and valuable certificates legally owned by State agencies, social organizations, and individuals deposited with the ST for safekeeping without requiring inspection and accepted by the ST.

2/ In other cases, before accepting safekeeping in sealed bags or packages, precious assets and valuable certificates must be inspected for quantity, weight, and quality. The inspection shall be conducted by the ST or a state functional agency with the presence of ST staff and the asset owner.

3. PROCEDURES FOR TRANSFERRING AND RECEIVING PRECIOUS ASSETS AND VALUABLE CERTIFICATES (HEREINAFTER REFERRED TO AS ASSETS)

1/ The ST receives assets:

1.1- Inspect documents prior to receiving:

When depositing assets with the ST, the transferring party must provide a letter (for agencies, units, social organizations) or application (for individuals) requesting deposit along with a detailed list of items deposited and relevant documents consistent with the origin of each type of asset; specifically:

a/ For assets belonging to the National Financial Reserve Fund:

+ Decision of the competent authority regarding the inclusion of precious assets into the National Financial Reserve Fund.

+ Inspection record of quantity, weight, and quality.

b/ For assets temporarily held awaiting processing by competent authorities:

+ Record of seized items.

+ Inspection record of quantity, weight, and quality (if applicable).

c/ For assets confiscated and transferred to the State Budget or established as State property:

+ Decision of the competent authority regarding confiscation of assets.

+ Decision or document establishing State ownership of the competent authority.

+ Record of seized items or documentation identifying the source of the items.

+ Inspection record of quantity, weight, and quality (if applicable).

d/ Assets handed over by the State Bank and other functional agencies for the ST to handle:

+ Transfer record between the State Bank or functional agency and the Ministry of Finance (ST).

+ Original documentation clearly identifying the source and reason for seizure.

+ Inspection record of quantity, weight, and quality.

+ Summary tables and processing documents (if applicable).

e/ Assets are historical, cultural, artistic antiques and national treasures:

+ Inspection record of quantity, weight, quality, and value (if applicable).

+ Documentation about the source of the item.

+ Document from the competent authority entrusting the ST to handle.

f/ Assets legally owned by State agencies, social organizations, and individuals: Relevant documents proving the origin or lawful ownership of the asset.

1.2- Receiving Assets:

a/ Receiving assets without inspection, the ST must perform the following steps:

- For assets temporarily held awaiting processing by competent authorities:

+ Verify the reliability of the seal, ensuring that the seal is not lost, torn, or deformed with elements recorded on it.

+ Check elements recorded on the seal such as: name of the sending agency, name, signature of the person sealing (sender), date of sending...

+ Match elements on the seal with the seizure record, confirming each sealed package corresponds accurately to each case. The sending agency must seal each case separately. The ST will not accept multiple cases in one sealed package.

+ The ST guides and witnesses the sender in properly sealing and packaging the items according to regulations. Inside the sealed package, there must be a receipt and transfer record.

- For assets legally owned by State agencies, social organizations, and individuals deposited with the ST for safekeeping without requiring inspection and accepted by the ST: The depositor must personally seal their own package and place it inside a storage box together with a detailed list and transfer record, under the guidance and supervision of the ST. The ST guides and witnesses the customer in locking (with their own lock) and sealing the outside of the storage box, then handing it over to the ST for safekeeping.

The ST does not bear responsibility for the quantity, weight, and quality of assets in sealed packages when receiving them without inspection. If the ST loses the seal during safekeeping, the ST will be responsible according to the Law.

b/ Receiving assets with inspection, the ST must perform the following steps:

- Inspection of assets: Depending on each type of asset, inspection methods such as viewing, testing, weighing, measuring, examining, and counting individual items shall be carried out.

- Packaging and sealing: After inspection, assets must be packaged and sealed according to regulations.

For assets transferred to KBNN for management by the State Bank, central ministries, agencies under the central government, and local functional agencies pursuant to the Prime Minister's Decision or the People's Committee Chairman's Decision of centrally governed cities and provinces; assets subject to confiscation and incorporation into public funds; national treasures and antiques entrusted by the State to KBNN for management, packaging and sealing of assets shall be performed by the Council with the function of inspecting assets. The seal shall clearly indicate the name of the asset type, classification of individual items, quantity, weight, quality, serial number of each package or box, the name and signature of the inspector, date and year of packaging.

1.3- Establishing handover records:

The content of the handover record must include the following elements:

+ Name of the agency or unit transferring assets to KBNN (for agencies or units).

+ Name, position of the transferrer (for agencies or units).

+ Name, address, identification card of the transferrer or authorized person (for individuals).

+ Name of the recipient (KBNN representative).

+ Name of the agency or asset inspection council.

+ Name, type, quantity, weight, quality, external shape of each type of asset being stored (for inspected assets); Name, type, external shape of each type of asset (for non-inspected assets); Name, type, value, series number (for valuable certificates).

+ Form of receipt and storage of assets...

+ Date, place of establishing the handover record.

The handover record must be established in four copies: One copy retained by the transferrer as a receipt and delivery document; one copy sent to KBNN accountant to issue warehouse entry forms and accounting entries; one copy given to the warehouse keeper to keep with the file; one copy kept together with the asset at KBNN.

1.4- In addition to the above handover record, assets legally owned by state agencies, social organizations, and individuals deposited with KBNN for safekeeping must have a storage contract signed.

The content of the contract must include the following elements:

+ Name of the agency or unit, transaction address, telephone number.

+ Name of the transferrer, representative; address, identification card, telephone number.

+ Name of the KBNN representative receiving the deposit.

+ Brand name, code number, symbol, quantity, weight, quality, characteristics of sealed packages or preserved items; Number of packages, boxes for preservation, sealed packages.

+ Storage period.

+ Form of deposit.

+ Fee for storage, form of payment, and payment schedule.

+ Responsibilities of the parties: Determining responsibilities in cases where the stored assets are damaged or lost.

+ Date, month, year, location of signing the storage contract.

+ Other commitment clauses.

Any changes or cancellation of the asset storage contract must be agreed upon in writing by all parties involved in the contract.

2/ KBNN transferring assets:

a/ When transferring assets, it must be based on valid documents:

- Decision on asset withdrawal from the financial reserve fund by the Prime Minister or the head of the agency authorized by the Prime Minister (for the central financial reserve fund) and by the Provincial People's Committee Chairman or the head of the agency authorized by the Provincial People's Committee Chairman (for the local financial reserve fund).

- Decision on selling confiscated assets and assets that have been established as state-owned property by the competent authority.

- Decision on handling (confiscation, purchase, repurchase, return) assets temporarily held pending resolution by the competent authority.

- Decision of the competent authority regarding the transfer of management and storage of rare assets such as antiques and national treasures.

- Official letter (for agencies) or application (for individuals) with rare assets deposited with KBNN requesting early retrieval of the entire or part of the deposited assets.

- Storage contract expired.

In addition to the aforementioned documents when receiving assets from KBNN, the recipient must have:

- Official letter, introduction letter, identification card of the person assigned to receive, power of attorney (in case of delegation) for agencies, organizations, social groups; Certificate of inheritance rights in accordance with the Law (in case the depositor has died).

- Identification card, power of attorney (in case of delegation) for individuals.

- Handover record.

- Storage contract (if retrieving prematurely).

b/ Transferring assets:

- When returning assets, KBNN must control the documents and complete the procedures for withdrawal and establish a handover record for the items in accordance with the prescribed regulations.

Before returning, KBNN must request the depositor to recheck the sealed packages or bags. If there are suspicious signs, both parties shall confirm and establish a record. The depositor may invite an appraisal agency before personally opening the sealed package and further checking the seal inside the asset package with the witness of KBNN.

In case KBNN loses the seal on the asset package, both parties must invite representatives of the legal authorities to witness the appraisal and transfer of assets.

For cases of signed storage contracts, after returning the assets, the transferring party and the receiving party must complete the contract termination procedures in accordance with the regulations. KBNN must retrieve the contract, handover record, and related documents for storage in accordance with current regulations. In cases where the depositor requests to retrieve part of the total deposited items, KBNN must complete the procedures for withdrawing the entire amount of items for the depositor, then proceed with the procedures to receive the additional items the customer wishes to deposit.

4. RESPONSIBILITIES OF THE PARTIES IN HANDLING RARE ASSETS

1/ Responsibilities of KBNN:

- Maintaining various ledgers to record and monitor each asset entry and exit.

- Ensuring absolute safety of the sealed packages of deposited assets, preventing any confusion, damage, or alteration in the original shape, quantity, or weight of the assets. If loss or damage occurs, KBNN shall bear responsibility for compensation.

- Keeping confidential information for the depositor (if requested).

- Providing guidance on procedures and creating favorable conditions for depositors to deposit and retrieve assets.

- Preparing sufficient means: wrapping paper, binding ropes, storage bags, and tools for inspecting quantity, weight, quality...

- Promptly notify the sender to take appropriate measures in case the preservation bag may lose its seal, requiring re-sealing.

- Annually, KBNN must compile and report to the Ministry of Finance the quantity of assets processed by authorized agencies, while proposing measures to handle remaining assets stored for a long time in the warehouse due to undetermined origin or owner.

- KBNN shall not be liable for any violation of laws by agencies, units, or individuals holding assets stored with KBNN.

2/ Responsibilities of agencies, organizations, and individuals depositing assets at KBNN:

- Adhere to procedures and processes for depositing and retrieving assets as stipulated by the KBNN.

- Bear legal responsibility for the lawful ownership of assets deposited with KBNN for storage.

- Be responsible for the entire quantity, weight, and quality of their assets if they retrieve sealed boxes or bags without any tampering.

- In case the depositor loses the deposit documentation, they must immediately inform KBNN in writing to prevent further issues. Subsequently, the depositor must personally visit the KBNN headquarters to present a written declaration of lost deposit documentation, accompanied by confirmation from the police or local authorities, and comply with specified procedures to terminate the old contract and sign a new one.

- When there is a change in the asset owner of the depositor, the depositor must promptly notify in writing to ensure legal validity so that KBNN can be informed and take necessary actions.

- For assets under temporary detention awaiting processing and those legally owned by agencies, organizations, or individuals deposited with KBNN for storage, the depositor must bear the responsibility to pay a storage fee to KBNN to compensate for part of the basic depreciation of warehouses and storage equipment, printing costs, documentation, etc.

The storage fee is defined as follows:

+ Storage fee for assets: 0.05% (five ten-thousandths)/value of assets/month. The minimum charge is not less than 20,000 VND/box or package/month. The maximum charge is 500,000 VND/box or package/month. For state bonds, the storage fee is implemented according to separate regulations.

+ In cases where the value of the stored assets cannot be determined, KBNN and the customer must agree on a reasonable storage fee.

The storage fee must be paid to KBNN immediately upon completing the procedures for retrieving assets. For cases where a storage contract is signed, customers are not entitled to a refund of any excess fees due to early termination of the contract.

If the deposit exceeds the contract period, in addition to the storage fee as prescribed, the customer must also pay an additional warehouse storage penalty of 0.1%/month based on the value of the assets.

- KBNN does not charge a storage fee for assets belonging to the State or those established as State property.

Annually, KBNN bases its budget planning for purchasing storage equipment on actual conditions, submitting it to the Ministry of Finance for approval to cover these expenses.

5. IMPLEMENTATION

1/ The receipt and storage of assets are carried out at the Central KBNN and KBNNs in provinces and centrally-administered cities.

District and county KBNNs may only accept and store assets when they have secure warehouses and equipment, and have received written approval from the provincial or city-level KBNN Director.

2/ This Circular takes effect 15 days from the date of signature and replaces Circular No. 63 TC/KBNN dated November 9, 1991 issued by the Ministry of Finance and other conflicting documents of the Ministry of Finance.

3/ Heads of agencies and units whose assets fall within the scope of KBNN's acceptance for storage; Heads of financial agencies and all levels of KBNN are responsible for implementing this Circular.