DECISION

ON THE ISSUANCE OF THE REGIME ON DELIVERY AND RECEIPT, PRESERVATION, TRANSPORT  OF CASH, PRECIOUS ASSETS AND VALUABLE PAPERS

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam issued in 1997, and the Law on the amendment, supplement of several articles of the Law on the State Bank of Vietnam issued in 2003;
- Pursuant to the Law on Credit Institutions issued in 1997 and the Law on the amendment, supplement of several articles of the Law on Credit Institutions issued in 2004;
- Pursuant to the Decree No.52/2003/ND-CP dated 19/5/2003 of the Government on the function, assignment, authority and organizational structure of the State Bank of Vietnam;
- Pursuant to the Decree No.81/1998/ND-CP dated 01/10/1998 of the Government on the print, coinage, preservation, transport and destroying of paper money and coins; preservation and transport of precious assets, valuable papers in the Banking system;
- Pursuant to the Decree No. 87/1998/ND-CP dated 31/10/1998 of the Government on the issuance, revocation and replacement of paper money, coins;
Upon the proposal of the Director of Issuing and Vault Department,

DECIDES:

Article 1. To issued in conjunction with this Decision the “Regime on the delivery and receipt, preservation, transport of cash, precious assets, valuable papers”.

Article 2. This Decision shall be effective after 15 days since its publication in the Official Gazette and replace the Decision No.269/2002/QD-NHNN dated 1st April 2002 of the Governor of the State Bank on the issuance of the Regime on the delivery and receipt, preservation, transport of cash, precious assets, valuable papers.

Article 3. Director of Administrative Department, Director of the Issuing and Vault Department, Director of Banking Operation Department, Heads of units of the State Bank, Managers of State Bank branches in provinces, cities under the Central Government’s management, Chairpersons of the Board of Directors, General Directors (Directors) of credit institutions shall be responsible for the implementation of this Decision.

...

...

...

FOR THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR




Nguyen Thi Kim Phung

REGIME

ON THE DELIVERY AND RECEIPT, PRESERVATION, TRANSPORT OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS
(Issued in conjunction with the Decision No.60 dated 27 December 2006 of the Governor of the State Bank)

Chapter I

GENERAL PROVISIONS

Article 1. Governed scope and subjects of application

1. This Regime provides for the delivery and receipt, preservation, transport of cash, precious assets and valuable papers in Banking system; the collection and payment in cash between the State Bank, credit institutions and customers.

...

...

...

a. State Bank branches in provinces, cities under the Central Government’s management, Banking Operation Department, Central Vault.

b. Credit institutions which are established and operate in accordance with the Law on Credit Institutions.

c. Customers who engage in the transaction of cash, precious assets, valuable papers with the State Bank, credit institutions.

Article 2. Interpretation

In this Regime, following terms shall be construed as follows:

1. Cash means paper money, coins issued by the State Bank of Vietnam.

2. Paper money means money made from cotton and polymer.

3. Precious asset means foreign currency, precious metal, precious stone and other precious assets.

4. Valuable papers shall be payment cheque, bills, bonds and other valuable papers in accordance with provisions of applicable laws.

...

...

...

6. Piece shall be the separate unit (in quantity) of coins.

7. Bundle of money means a bundle of paper money, which is packaged in accordance with the regulation.

8. Money bag shall be a bag of coins (having been put into circulation) to be packaged in accordance with regulation.

9. Money box shall be a box of coins (newly coined) to be packaged in accordance with regulation.

10. Pack of money means a pack of paper money to be packaged in accordance with regulation.

11. Money cask shall be the cask of coins (having been put into circulation) to be packaged in accordance with regulation.

12. Sealing up the bundle, bag, box, pack of money means to package the bundle, bag, box, pack of money in accordance with provisions and mark it (by sealing up or leading) to prohibit any one from arbitrary opening; to ensure the bundle, bag, pack of money to be kept intact and full.

13. Leading is a method of sealing up the bag, pack, cask of money; two ends of the string tying the bag, pack, cask of money are closely pinned through a piece of lead by specialized pincers; the signal of the money owner must be stood out in relief clearly and fully on the surface of the piece of the lead after pinning.

14. State Bank branches shall be the State Bank branches in provinces, cities under the Central Government’s management or the Banking Operation Department.

...

...

...

16. Customers shall be the individual, organization, enterprise (outside the banking system) engaging in transaction of cash, precious assets and valuable papers with the State Bank, credit institutions.

Chapter II

COUNTING, PACKAGING, DELIVERY AND RECEIPT OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Section 1. PROVISIONS ON PACKAGING, SEALING UP OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Article 3. Packaging of cash

1. A bundle of money shall consist of 10 (ten) reams of money of the same face value. A ream of money shall consist of 100 (one hundred) notes of the same face value. A bundle of paper money shall consist of 1000 notes of the same face value.

2. A pack of money shall consist of 20 bundles of money of the same face value.

3. A bag of coins shall consist of 20 (twenty) bars of the same face value. A bar of coins shall consist of 50 (fifty) pieces of the same face value. A bag of coins shall consist of 1000 pieces of the same face value.

4. A box of coins shall consist of 40 (forty) bars of the same face value. A bar of coins shall consist of 50 (fifty) pieces of the same face value.

...

...

...

Article 4. Sealing up of cash

1. The paper used for sealing up money bundle shall contain several already printed elements, be thin paper and have the dimension correspondent to each type of money. The paper for sealing up money bundle (or bag) of credit institutions shall have a separate colour of paper or colour of ink.

2. On the seal of a bundle, bag, box, pack, cask of money, following elements must be stated fully and clearly: the name of bank; type of money; quantity (notes, pieces, bundles, bags) of money; amount of money; full name and signature of persons who perform the counting or packaging; date of packaging and sealing.

3. The person whose name and signature are presented on the seal shall be responsible, in terms of asset, for the sealed bundle, bag, box or pack and cask of money.

4. Provisions of the State Bank on sealing up the pack, bag, cask of money:

a. Leading for newly printed money;

b. Leading together with sealing paper for money that has been put into circulation.

5. Sealing up of the newly printed, coined money shall be particularly stipulated.

Article 5. Packaging, sealing up of precious assets, valuable papers

...

...

...

2. The packaging, sealing up, counting, delivery and receipt of precious metals, precious stones and other precious assets shall be provided for by the Governor of the State Bank in a separate document.

Section 2. COUNTING, DELIVERY AND RECEIPT OF CASH, FOREIGN CURRENCY, VALUABLE PAPERS

Article 6. Principles of the collection, payment of cash, foreign currency, valuable papers

1. Any collection, payment of cash, foreign currency, valuable papers by the State Bank or credit institutions must be made through the funds of the unit.

2. The collection, payment of cash, foreign currency, valuable papers shall be based on the accounting documents. The validity, legality of the accounting documents must be verified prior to the collection, payment.

The cash, foreign currency and valuable papers collected or paid must be sufficient and correct with the total amount (in number and in words), correct in terms of time (date) stated on the accounting documents, accounting book, cash book. After the cash collection or cash payment, the accounting documents must be supported by the signature of the payer (or the payee) and the cashier or the treasurer.

Article 7. List of the money types collected (paid) of the State Bank

Each accounting document on the collection, payment of cash, foreign currency, valuable papers of the State Bank must be enclosed with a list of the collected (paid) money types or a delivery minutes. The list, delivery minutes shall be preserved within 2 years.

Article 8. Counting cash, foreign currency, valuable papers

...

...

...

The payer of cash, foreign currency, valuable papers must witness when the bank makes the counting.

The payee of cash, foreign currency, valuable papers must tally before leaving the payment counter of the bank.

Article 9. Cash collection, payment with the customers

1. Cash collections from, cash payments to the customers of State Bank branches, credit institutions must be counted by notes or by pieces and in accordance with operational process.

Credit institutions and customers may negotiate for application of the method of receiving cash in sealed bags.

2. Chairperson of the Board of Directors of credit institutions shall stipulate and provide guidance on the implementation in the system, provide guidance to the customers on the process of cash collection, payment (even when new technologies are applied, such as: collection, payment of cash through the ADM, ATM; cash collection, payment in one-door transaction, retail banking service..), the process of cash collection in sealed bags.

3. Director of the Issuing and Vault Department shall provide guidance to the process of cash collection, payment applicable to the State Bank.

Article 10. Delivery and receipt of cash in Banking area

1. Delivery and receipt of cash in the system of State Bank

...

...

...

Within a period of 30 working days, the State Bank branch, which receives the money shall establish a Counting Council and complete the counting by notes (pieces), the money delivering unit shall appoint a witness; in case of trust in the receiving party, the delivering unit shall authorize in writing the receiving unit to organize the Counting Council.

In case of being witnessed, the State Bank branch may deliver the cash received in bundle with full 10 reams, with seal, or in money bags with leaded seal to credit institutions in the same province or city; the organization of counting of this amount shall be performed in accordance with provisions in Paragraph 2 of this Article.

The Issuing and Vault Department shall be assigned to verify and extend the counting period for the money transferred in cases where the counting period is extended due to objective reasons.

2. The delivery and receipt of cash between State Bank branches and credit institution branches (or credit institutions which do not have a branch) and vice versa; among credit institutions (credit institution branches) in the same province or city, the counting shall be made by money bundles with full 10 reams, with seal, or money bag with leaded seal.

In case where the credit institution conducts the counting of the cash received by notes (pieces), a Counting Council must be established and the counting must be completed within a period of 15 working days, the money delivering unit shall appoint a witness; in case of trust in the receiving party, the delivering unit shall authorize in writing the receiving unit to organize the Counting Council.

3. Newly printed, coined money shall be delivered and received in pack, box, cask with seal or in package with seal of the money printing, coining factory or of the State Bank for cases stipulated in Paragraph 1, 2 of this Article.

Money which is counted, classified, packaged by a chain, online system of counting, classification, (bundles (bag)) packaging machine of the Money treatment center of the State Bank, credit institutions, shall be delivered and received as newly printed, coined money provided for in this Paragraph”.

4. The delivery and receipt of cash within a credit institution shall be stipulated by the Chairperson of the Board of Directors of that credit institution.

Article 11. Delivery, receipt of foreign currency, valuable papers

...

...

...

The delivery and receipt of foreign currency within a credit institution shall be stipulated by the Chairperson of the Board of Directors of that credit institution.

2. Delivery and receipt of valuable papers shall be performed as follows:

a. For the delivery and receipt between credit institutions, State Bank branches and customers; between the State Bank and credit institutions; among credit institutions, the counting shall be made by notes and in compliance with the process of cash collection and payment.

b. Delivery and receipt between the money printing, coining factory with the Central Vault, between the Central Vault and the State Bank branches, among State Bank branches, among Central Vaults shall be performed as follows:

- Newly printed valuable papers shall be delivered and received in packs with leaded seal like the case of cash or in bundles with seal (if it is not round for a pack); the valuable papers that have been put into circulation shall be delivered, receipt in bundle with full 10 reams, with the seal of State Bank branches, in case where it is insufficient for a bundle, the delivery and receipt shall be made by notes.

The receiving State Bank branch shall establish a Counting Council prior to the payment to credit institutions or customers.

- Valuable papers of which the circulation period has expired shall be delivered, received by bundles with seal of State Bank branch or by notes (in case where it is insufficient for a bundle).

c. The valuable papers which are deposited at the State Bank by credit institutions, State Treasury to engage in the operations of the monetary market, shall be delivered and received in bundles with full 10 reams and seal, in case where it is insufficient for a bundle, the delivery, receipt shall be made by notes.

Chapter III

...

...

...

Article 12. Responsibility of Managers

Director of the Issuing and Vault Department, Chief of Issuing and Vault branches, Managers of State Bank branches, Directors of credit institution branches, Directors of credit institutions (hereinafter collectively referred to as Managers) shall be responsible for the organization of management, assurance of security, confidentiality for the entire cash, precious assets, valuable papers and the operation of the vault at their units; equipping devices, equipment to ensure the security in accordance with applicable provisions; conducting the application of essential measures to prevent from losses, mistakes; preventing from stealing, robbing, fire and explosion, flooding, humidity and mould, worm-eating and other reasons, ensuring the quality of the money, assets preserved in the vault.

Managers of State Bank branches, Directors of credit institutions branches, Directors of credit institutions (where the credit institution does not have a branch) shall manage and keep the key of the vault's outside door; directly open and lock the door to supervise the delivery, receipt, preservation of assets in the vault.

In respect of the Central Vault: A Deputy Director of the Issuing and Vault Department or Chief of the Issuing and Vault branch shall manage and keep the key of the vault’s outside door; directly open and lock the door to supervise the delivery, receipt, preservation of assets in the Central vault.

Article 13. Responsibility of the Chief of Accounting Division

Chief of the Accounting Division (or Chief Accountant) shall be responsible for the management, supervision for the delivery, receipt and preservation of assets in the vault and assume following duties:

1. To organize the accounting of cash, precious assets, valuable papers in accordance with the accounting regime; to guide, examine the opening and record of books by the cashier, treasurer;

2. To manage and keep key of the vault’s outside door, directly open, lock the door to supervise the delivery, receipt and preservation of assets in the vault;

3. To examine, reconcile the data between the accounting book and the cash book to ensure the correctness.

...

...

...

5. In Central vault, the Chief of Finance - Accounting Division of the Issuing and Vault Department, or Chief of the Finance – Accounting Division of the Issuing and Vault branch shall perform their duties as provided for in this Article.

Article 14. Responsibility of the Treasurer

The treasurer shall be responsible for the absolute security of the assets preserved in the vault.

1. Treasurer shall have following duties:

a. To perform the delivery – receipt of cash, precious assets, valuable papers on an accurate, timely, full basis and in accordance with the order of the competent level with valid, legal accounting documents;

b. To open cash book; books for following up each type of money, assets; inventory card and other necessary books; to record and preserve books, documents fully, clearly and accurately;

c. To arrange cash, assets in vault tidily, scientifically and keep the vault clean; to apply necessary measures to secure the quality of the money, assets preserved in the vault;

d. To manage, keep the key of a lock of the vault’s inside door to preserve the assigned assets, locks of the vault’s door and means for preservation of assets in the vault (safe, strong box).

2. Treasurers of State Bank branches shall preserve cash of the Issuing Reserve Fund, gold, silver, precious metals, precious stones and other assets.

...

...

...

3. There are some treasurer assistants to help the treasurer of the vault in counting, packaging, loading, transporting cash, precious assets and valuable papers.

Article 15. Responsibility of the Cashier

1. Cashiers of State Bank branches, cashiers of credit institutions shall be responsible for the absolute security of cash in the Issuing Operation Fund (for the State Bank), Cash Fund (for credit institutions), precious assets, valuable papers; performing the collection, payment of cash, foreign currency, valuable papers in accordance with valid and legal accounting documents; managing and recording in cash book and other necessary books fully, clearly and accurately.

2. State Bank branch in cities under the Central Government’s management may arrange some collection and payment groups. Each cashier shall be in charge of a collection (payment) group and responsible for the assigned assets. In this case, a Chief cashier concurrently being the treasurer shall be appointed to preserve the Issuing Operation Fund.

3. State Bank branches which have private vault for preserving the Issuing Operation Fund, foreign currency and valuable papers, a cashier concurrently being the treasurer of the vault shall be appointed to preserve the assigned assets. In this case, the cashier shall be entitled to enjoy rights as for the treasurer.

4. A credit institution which does not have a branch, or a branch of the credit institution shall have one or several cashiers, transactors … Each cashier, transactor shall be responsible for the assigned assets; of which a cashier concurrently being the treasurer or a treasurer shall be appointed to be in charge.

Article 16. Responsibility of the Chief Treasurer of the Central Vault, Chief of the Monetary and Vault Division of the State Bank branches

Chief Treasurer of the Central Vault, Chief of the Monetary and Vault Division of the State Bank branches shall be responsible:

1. To provide guidance to, examine the operation of management to the vault security;

...

...

...

3. To participate in the examination, inventory, handover of cash, precious assets, valuable papers.

Article 17. Responsible of the counting person

The counting person shall be responsible for counting, selection, packaging, loading, transporting cash, precious assets, valuable papers. The counting person shall be responsible for the cash, precious assets, valuable papers within the scope assigned to perform the counting, selection, packaging.

Article 18. Responsibility of the security officers of the vault

1. To examine, on the spot, the security conditions for the delivery, receipt of assets in vault and upon the loading, transport in and away in accordance with the order of competent level; to examine safety work of the vault during working hours;

2. To control and supervise persons entitled to work in the vault; entitled to examine and check suspicious persons who come in and go out of the vault;

3. To inspect the compliance with provisions on coming in and going out of the vault;

4. To suggest and propose the Director on measures of organization for the security of the vault.

In the event where there is not a specialized security officer for the vault, the treasurer shall take concurrent responsibility.

...

...

...

1. The treasurer, cashier, counting person of the State Bank branches, Central Vault must fully satisfy the standards of the title as provided for by the State and shall be managed in accordance with the Regulation on officers, civil servants of the State Bank.

2. Chairperson of the Board of Directors of credit institutions shall base on the standards of such titles as counting person, cashier, treasurer of the State Bank and other provisions of applicable laws to stipulate the standards of such titles as counting person, cashier, treasurer in the system.

Article 20. Persons who are not appointed to be the management officers of the bank’s vault

Wife or husband, father, mother, sons, daughters, brothers and sisters (including brothers and sisters of wife or husband) of the Manager, Deputy Manager shall not be appointed for positions of cashier, treasurer of the vault. Persons who are wife and husband; father, mother and sons, daughters; brothers and sisters shall not be appointed for jointly holding the keys of the vault's doors, jointly participating in the inventory, counting of cash, precious assets, valuable papers or jointly working in the same vehicle or group of vehicles that transport special assets.

Article 21. Provisions on authorization by participants to the management of cash, precious assets, valuable papers and vaults:

1. The Managers of State Bank branches, Directors of credit institutions shall be entitled to authorize in writing Deputy Managers; Chief of the Issuing and Vault branches shall authorize Deputy Chiefs; Deputy Director of the Issuing and Vault Department (who is assigned to manage the vault) shall be entitled to authorize the Chief Treasurer of the Central Vault to perform the duties of managing cash, precious assets, valuable papers and vault in a specific period of time. The authorized persons shall be responsible to the Managers, Chief of the Issuing and Vault branch and Deputy Director of the Issuing and Vault Department for the management of cash, precious assets, valuable papers and vault in accordance with this Regime and provisions of applicable laws.

2. Chief of the Accounting Division shall be entitled to authorize in writing the Deputy Chief to manage cash, precious assets, valuable papers and vault on his behalf in a specific period of time (the written authorization thereof must be approved by Managers). The authorized person shall be responsible to the Chief and the Manager for the management of assets and vault in accordance with this Regime and provisions of applicable laws.

3. The treasurer must submit a written proposal to the Manager for his approval if he wants to be on leave under the regulated regime or goes on business, goes to a meeting, wants to join a training course. The Manager shall appoint in writing a substitute person and organize the inventory, handing over of the assets. The substitute person shall be responsible for confidentiality, absolute security of the assets and usual operational activities during the assigned period.

4. Upon terminating the authorized period and having handed over assets, the authorized person must report the works he has done, relating to the management of cash, precious assets, valuable papers and vaults to the authorizer. The authorized person shall not be entitled to re-authorize another person.

...

...

...

5. Chairperson of the Board of Directors of credit institutions shall stipulate the authorization of the Directors (Director of branches, Director of Operation Department…) of the credit institutions for the management of cash, precious assets, valuable papers and the vault in special cases where the leader is absent or lack of leader.

Chapter IV

PRESERVATION OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Section 1. ARRANGEMENT AND PRESERVATION OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS IN TRANSACTION COUNTERS AND IN THE VAULT

Article 22. Regulations of the vault, cash transaction counters

1. People who have duties to enter into the cash transaction counter or vault must wear labour safety clothing without pockets or working uniforms without pockets.

2. People without duties shall not be entitled to enter into the cash transaction counter or vault.

3. There must be the regulation for cash transaction counter and vault provided for by the Manager.

Article 23. Arrangement, preservation of assets in the vault

...

...

...

The preservation of cash, precious assets and valuable papers during the siesta (if any) shall be stipulated by the Manager of State Bank branches (for the State Bank), the Chairperson of the Board of Directors (for the credit institutions).

2. Assets which are preserved in the vault must be classified, counted, packaged, sealed up, tidily and scientifically arranged.

3. In the vault of the State Bank: cash, precious assets, valuable papers must be packaged and sealed up in compliance with applicable provisions and be arranged in private area in the vault or in private apartment of the store.

4. Chairperson of the Board of Directors of credit institutions shall be responsible for the issuance of provisions, guidance to the performance of the preservation of cash, precious assets, valuable papers in their system and take necessary measures to enhance the absolute security of the assets.

Article 24. Preservation of assets in the performance of other treasury services

Chairpersons of the Board of Directors of credit institutions shall stipulate conditions, process of the assets receipt from, delivery to the customers; specific responsibility of related divisions (accounting, treasury) for the security of assets at the units upon conducting the service of preserving precious kinds, valuable papers or leasing safes, strong boxes to Vietnamese and foreign organizations, individuals or upon conducting other treasury services, such as: keeping cash overnight in lieu of the customers; collection, payment of cash at the enterprises…; stipulate the delivery, receipt and preservation of valuable papers which are mortgaged, pledged for the loans or the custody of other valuable papers.

Section 2. USE AND PRESERVATION OF KEY OF THE VAULT, SAFES

Article 25. Key of the vault, safes

Each lock of the vault’s door, apartment store’s door, safe shall always have two and only two keys: one for daily use and another for reserve. Key of the digital lock shall be a combination of the code and the located key (if any).

...

...

...

Each person who keeps the key of the vault's doors must preserve the daily used key in a private strong box which is placed in the working place at the head office.

Article 27. Preservation of the key of apartment store’s door, safes

1. The daily used keys of safes (if any), of which apartment store shall be kept in a small iron box which is preserved in one of safes placed in that apartment.

2. The daily used key of apartment store, key of the safe where the key box mentioned in Paragraph 1 of this Article is preserved; the key being in use of the safe for preservation of assets at the transaction counter shall be preserved like the keys in use of vault's doors.

Article 28. Handing over the key of the vault’s door

1. Each time when the key of the vault’s door is handed over, the deliverer and the receiver shall directly deliver and receive the key and sign in the Book of handing over keys of vault. In respect of digital lock, upon handing over the key of vault's doors, the receiver must change the code.

2. Special cases (due to the use of locks with different codes) of the credit institutions shall be provided for by the Chairperson of the Board of Directors (Managers).

Article 29. Sealing up and sending the backup key of the vault’s doors

Persons who keep keys and controller shall supervise the sealing up of backup key of the vault's doors, draw up minutes and together sign on the seal. The box of the backup key shall be sent to vault of another State Bank branch, another credit institution, and another branch in the same system of credit institution or at the State Treasury on the same day. The receiving unit shall be responsible for the safe and intact preservation of the seal of the backup key box in its vault.

...

...

...

Box preserving the backup key of the vault’s doors shall have two locks, each lock shall be kept by the Manager and the treasurer; keys of this box shall be preserved like keys in use of vault's doors.

Article 30. Management of the backup key of the apartment store’s door, safe

The backup key of the apartment store’s door, safe shall be sealed up in accordance with the procedures provided for the sealing up of backup key of the vault’s door and preserved in the safe of the Manager.

Article 31. Cases where the box of the backup key is opened

1. Where the key being daily used is lost or where the door of vault needs to be opened in urgent cases but the key keeper is absent.

2. The box is added with backup keys of new locks or where the code of the lock is changed, or where management officer, keeper of the key is changed.

3. Where the backup keys of the locks, which have been changed, are taken out.

4. For the inspection, inventory of backup keys in accordance with the written order of the Manager or the Heads of superior level.

The opening of the box of backup keys must be witnessed by the Manager, Chief of the Accounting Division, treasurer, and controller. Each time of opening the box of backup keys as provided for in Paragraph 1, 2, 3 in this Article must be accepted in writing by the Manager.

...

...

...

Making more keys or copying keys of vault’s doors, safes shall be strictly prohibited. In case where the lock or the key of vault's door is damaged and need to be repaired or replaced, it must be accepted in writing by the Manager. The Manager shall be responsible for choosing the partner (repairer) to repair, replace the key of vault’s door, safe. The replacement, repair of the key of vault’s door must be witnessed by the key keeper or the authorized person.

Article 33. Responsibility of the officer who is assigned to manage, sue the key of the vault, safe

1. To secure the confidentiality of the assigned key, not to mislay, lose, damage the key. It shall be strictly prohibited to allow other people to see, hold, and keep the key.

2. Not to bring the keys out of the office.

3. In case where the daily used key is lost, the person who loses the key must immediately make a written report to the Manager (and report to the bank of superior level), which clearly state the reason, the time and place where the key was lost. In respect of the State Bank branches, if the key of vault's door is lost, the Manager shall immediately inform the public security agency at the same level; after that, drawing up minutes on the loss of the key and carrying out the procedures to apply for the backup key box for use. The replacement of a new lock shall be timely made within a period of 36 hours at the maximum, protection measures must be intensified to ensure the absolute security for the assets during this time.

Article 34. Responsibility for organizing the preservation of security for the key of vault’s door

The circumstance of holding in turn all keys of vault's doors by a person due to the appointment of officers or any other reasons shall absolutely be avoided. In the event where this circumstance happens (it is considered that all of locks of vault's doors have been revealed or their keys are lost), the Manager shall take responsibility like in the case where the locks of vault's doors are revealed or the keys are lost by his own fault.

Article 35. Dealing with the cases where the keys of the vault’s door, safe are lost or revealed

Keys of doors of vault, apartment store, safe, etc., which are not preserved in compliance with provisions in this Regime, shall be considered as being exposed. Where confidentiality of keys is revealed, the new locks or codes must be replaced. The person who causes the revelation or loss of keys shall be strictly criticized and subject to the compensation for the expense of the new lock replacement and subject to administrative punishment or be dealt with in accordance with provisions of applicable laws.

...

...

...

In urgent cases, if lacking one or two key keepers of the vault’s door, the Manager shall permit the use of backup key; where it is too urgent, the Manager shall permit to break the door to save the asset and timely report to the bank of the superior level.

Section 3. ENTRANCE AND EXIT OF THE VAULT

Article 37. Subjects that are authorize to enter into and exit from the vault

Upon the performance of duties, following subjects shall be authorized to enter into the vault:

1. Managers and the people who are responsible for keeping the key of the vault’s door.

2. Governor, Deputy Governor of the State Bank upon the inspection of the vaults in Banking area.

3. Chairpersons of the Board of Directors, General Directors of credit institutions upon the inspection of the vault in their system.

4. Director of the Issuing and Vault Department entering into the vault in the system of the State Bank to perform the assigned duties.

Officers who are authorized in writing by the Governor of the State Bank to enter into the vault for the inspection of the vault in banking area. Officers who are authorized in writing by the Chairperson of the Board of Directors of credit institutions to enter into for the inspection of the vault of the credit institution.

...

...

...

6. Controllers entering into the vault to supervise the delivery and receipt of assets; to inspect the vault in accordance with the working plan approved by the Manager.

7. Officers, staffs who are assigned to organize, load and transport assets preserved in vault.

8. Members of the periodical, unexpected Asset Inventory Council.

9. Supervisors and technicians, workers who repair the vault who repair, install, maintain equipment, locks in the vault, have an application approved by the Manager to enter into the vault.

Article 38. Cases authorized to enter into the vault

1. To perform the order or note of delivery, receipt of cash, precious assets and valuable papers.

2. Receiving cash, precious assets, valuable papers for preservation in the vault or delivering for the daily use.

3. Carrying out the periodical or unexpected inspection, inventory of assets in the vault.

4. Cleaning the vault, loading, re-arranging the vault;

...

...

...

6. Saving assets in the vault in urgent cases.

7. Delivering, receiving assets for temporary preservation at the State Bank’s store; delivering, receiving assets to perform the service of precious kinds preservation, other treasury services of the credit institutions.

Article 39. Provisions on the entrance into, exit from the vault

Persons who enter into the vault shall register in the Registration Book upon each entrance into the vault. Upon entering, the treasurer shall enter first; and he shall be the last exiting from the vault. The opening and closing of locks of vault's doors shall be made under the principle of person by person and in accordance with the right order, when opening the vault's doors, the order shall be Manager, Head of the Accounting Division, treasurer; upon the close of the vault's doors, the order shall be vise versa: treasurer, Head of the Accounting Division, Director. At the exit from the vault, they shall be required to sign in the Registration Book for entering into the vault.

Article 40. Examining before the entrance into, exit from the vault

1. Before opening the door, security officer, key keepers of the vault must observe carefully the situation outside the locks and vault's doors.

a. If there is any doubtful sign, they must record fully them before opening the door;

b. If there are signs proving that the vault has been broken into by evildoers, the scene must be kept intact and informing the public security agency to examine and draw up minutes; then the vault's doors may be opened.

2. Before exiting from the vault

...

...

...

b. Checking security equipment system;

c. Treasurer and security officers of the vault must perform final examination before closing the door.

Section 4. GUARDING, PROTECTION OF THE VAULT, TRANSACTION COUNTER

Article 41. Working overtime at the office which is also the vault

At the end of the working day, all transaction counters and doors in the area of the vault must be locked; apart from the guardian force, assigned employees on duty for controlling security equipment of the vault (if any), nobody is entitled to stay alone arbitrarily in the working place of the office concurrently being the vault. If there is requirement of working overtime, there must be at least 2 people who are permitted in writing by the Manager and the guardians must be informed.

Article 42. Guarding, protection of the vault

The vault must be guarded regularly for safety in 24 hours per day. The State Bank, credit institutions shall closely coordinate with the related police to set up the plan for guarding the vault.

Vaults of State Bank branches, Central Vault shall be guarded by security police.

Article 43. Responsibility of the guardian

...

...

...

Chapter V

TRANSPORT OF SPECIAL ASSETS

Article 44. Process of the transport of special assets

Special assets as stipulated in this Chapter include cash, precious assets, valuable papers.

The organization of transporting special assets must comply with the process: beginning from the receipt, packaging and sealing up of assets and preservation means; loading to the means of transport; transporting on the way and arriving at the receiving place; delivering the assets and it shall be ended where all procedures of delivery and receipt have been completed.

Article 45. Responsibility for organizing the transport of special assets

1. The Issuing and Vault Department shall be responsible for organizing the transport of special assets from the printing, coinage factory, airport, port, railway station to the Central Vault; between Central Vaults; from the Central Vault to State Bank branches and vice versa; between State Bank branches.

In necessary cases, State Bank branches shall appoint a person to escort and deliver special assets at the Central Vault, or to receive, escort special assets from the another State Bank branch.

State Bank branch in Binh Dinh province shall be responsible for organizing the transport of special assets between the State Bank - Binh Dinh branch and the Central Vault, between State Bank branches in provinces, cities in Central area and Western Highlands (specific branch shall be stipulated by the Governor of the State Bank from time to time).

...

...

...

3. Chairpersons of the Board of Directors of credit institutions shall stipulate the procedures and competence to issue order of transporting foreign currencies to abroad, order of transferring cash between branches and regulation on the transport of special assets in the system.

Article 46. Written authorization of transporting special assets

Upon the deliver, receipt and transport of special assets, the escort must possess a written authorization of the competent level. In case of transporting foreign currencies to abroad for paying into account, the escort must have a written authorization of the Governor of the State Bank (for foreign currencies of the State Bank) or the Director of the credit institution (for foreign currencies of the credit institution).

Article 47. Means of transport of special assets

Special assets shall be transported by specialized vehicles or specialized transport means. In case of using another vehicle, Chairperson of the Board of Directors of the credit institution shall decide on and provided for the process of transport, protection, security measures for the assets.

In unexpected cases or where the amount of transport and value of assets are large, or in case of the long way transport, hiring other means such as: planes, trains, ships, they shall be decided upon by the Governor of the State Bank (for assets of the State Bank) or by the Chairperson of the Board of Directors of the credit institution (for assets of the credit institution).

Article 48. Ensuring the confidentiality for the transport of special assets

1. Special assets must be packaged, sealed up upon the transport.

2. People who organize and participate in the transport of special assets must absolutely keep confidentiality of the time, itinerary and type of assets, volume, value, means of transport, preservation means of the assets in accordance with provisions on the assurance of State confidentiality.

...

...

...

Article 49. Ensuring the security on the way of transport of special assets

The transport must be performed in the daytime (except for special cases such as: transport by trains, planes, etc.), the delivery and receipt of assets in the night should be restrained.

In case of long way transport, it is required to have a rest on the way, and avoid stopping the vehicle in crowded places. In case of taking a rest overnight on the way, the vehicle must be parked in the office of the State Bank, credit institutions or units of public security, army to ensure the security, coordinating to arrange guarding the vehicle or sending assets to the vault for preservation.

Article 50. Security coordination on the way of transport of special assets

State Bank branches, credit institutions, at the receipt of the notice that the vehicle which transports special assets of the Banking area faces the break down on the route of their local area, shall take initiative in communicating, coordinating with public security agency and the transport vehicle’s force to take measures for the safety of the assets, in case of necessity, ask local People's committee to coordinate and be responsible to timely settle the breakdowns.

Article 51. Organizing the receipt of special assets

At the arrival of the special assets, the receiving unit must mobilize the labour force at the unit to receive the assets as quick as possible (even working overtime or in holidays) to move the assets into the vault for preservation.

Article 52. Labour force transporting the special assets and responsibility of the escort

1. In the transport of special assets, there must be available of sufficient forces for steering the vehicle, escorting, guarding.

...

...

...

In case where the volume, value of transported special assets are large and the transport needs to be organized by team of vehicles and escorted by several persons, the Manager shall appoint an escort to be the team leader.

Article 53. Responsibility for the protection of the transport of special assets

The vehicle transporting special assets of the State Bank shall be protected by the armed police; upon the volume, value and nature of each lot, the bank shall discuss, agree with the police unit to make decision on the number of guardians. In case of having only one vehicle, there shall be two guarding policemen at the minimum.

The guarding force or guarding police shall be responsible for working out the plan for guarding assets, persons and means from the time of receiving assets to the time of completing the delivery and coming back to the office safely; correctly complying with provisions on transport provided for in this Regime; dealing with specific cases that happen and not letting the vehicle be examined, searched on the way. Where any unsafe case occurs, they shall directly fight and assign members of the team to jointly protect persons, special assets and means.

Article 54. Responsibility of the vehicle driver

The vehicle driver shall be responsible for the technique of the transport means; correctly complying with provisions on the transport of special assets in accordance with this Regime; complying with the traffic law; taking initiative in asking for a preferential permit or buying bridge, ferry toll promptly.

Article 55. Book for following up the transport of special assets

The unit that organizes the transport of special assets must open a book for following up each lot, from the arrangement of personnel, means to the schedule of transport.

Chapter VI

...

...

...

Section 1. EXAMINATION, INVENTORY, HANDING OVER CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Article 56. Periodical examination, inventory

1. The comprehensive examination of the security work for the vault and the general inventory of cash, precious assets, valuable papers shall be carried out twice per year, at 0 o'clock 01st January and 0 o'clock 01st July.

2. The inventory of the Issuing Reserve Fund and other assets which are preserved in vault shall be performed on monthly basis, at 0 o'clock on the first day every month.

3. The inventory of cash in Cash Fund of the Credit Institutions and the Issuing Operation Fund of State Bank branches, valuable papers, precious assets shall be carried out at the closing time of every working day.

4. The unexpected examination, inventory shall be carried out in following cases:

a. Where there is any change in the key keepers of vault’s door;

b. Where there is any change in the lock or key of the vault’s door is lost;

c. Where it is doubted that the vault, cash collection/payment counter or the special assets on transport are broken into by evildoer; it is found out that there is a mistake in assets in the process of delivery from or receipt into the vault and cash collection, payment;

...

...

...

e. Upon the examination of the counting, selection of cash.

5. The Manager shall have the right to organize the inventory, unexpected general inventory of cash, precious assets, valuable papers at any time.

Article 57. Handing over cash, precious assets, valuable papers

Where there is a change in one of three key keepers of the vault’s door (Manager, Chief of Accounting Division, treasurer), it is required to hand over cash, precious assets, valuable papers. Upon the requirement of the work, closing time, the Manager may issue a decision on the handing over of a part of or the entire of assets.

The receiver must directly check, examine, count the assets and shall not be entitled to authorize others to do that on his behalf.

Article 58. Inventory Council, Counting Council

Upon the performance of the periodical inventory as stipulated in Paragraphs 1, 2, Article 56 of this Regime and in cases of handing over cash, precious assets and valuable papers, a Decision of the Manager on establishment of the Inventory Council shall be required.

Each time of organizing the counting by notes of cash, valuable papers received in packs, casks, bundles, bags or boxes sealed up, the Manager shall make a Decision on establishment of the Counting Council.

1. Members of the Inventory Council or Counting Council shall include:

...

...

...

- Members: Chief of Accounting Division (or Chief Accountant), Chief of the Monetary – Vault Division (Chief of Treasury Division), Chief Controller (or controllers).

The employment of assistant officers for the Council shall be decided upon by the Council’s Chairperson.

The Council shall draw up counting minutes or minutes on inventory and deal with the excess or deficiency of assets in accordance with current provisions.

2. In the event where an unexpected inventory or unexpected examination is required, the Inventory Council shall be established, the Council’s members shall be decided upon by the Head of the level competent to make decision on the examination, inventory, but shall not be permitted to be less than the number of members as provided for in Paragraph 1 in this Article.

3. The inventory at the end of a day shall be performed by the Manager, Chief of Accounting Division (Chief Accountant) or the person authorized by the Manager, Chief of Accounting Division (in accordance with the Article 21 of this Regime). The Manager may mobilize some officers to assist him in the inventory at the end of the working day. The supervision over the inventory at the end of the working day shall be performed in accordance with the Regulation on the internal control, auditing of the State Bank, or of the credit institution.

The inventory of cash at the ATM, ADM at operation divisions with Fund shall be stipulated by the Chairperson of the Board of Directors of the credit institution.

Article 59. Inventory Council of the Central Vault

1. The Inventory Council of the Issuing Reserve Fund, precious assets, valuable papers at the Central Vault periodically on 01 January and 01 July shall consist of:

- Chairperson of the Council: Director of the General Control Department;

...

...

...

The Council shall be entitled to employ several assistant officers under the decision of the Chairperson of the Council.

2. The Inventory Council of the Issuing Reserve Fund, precious assets, valuable papers at the Central Vault at 0 o'clock 01 January and 01 July shall consist of following members:

- Chairperson of the Council: Director of the Issuing and Vault Department or Chief of Issuing and Vault branches;

- Members: Chief of the Accounting Division, Chief Treasurer, Controllers.

The Council shall be entitled to employ several assistants under the decision of the Chairperson of the Council.

Section 2. SETTLEMENT OF THE EXCESS, DEFICIENCY OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Article 60. Settlement of the excess (deficiency) of cash, precious assets, valuable papers in the counting and packaging

1. In case where cash, precious assets and valuable papers are deficient according to the minutes of the Counting Council, Inventory Council provided for in this Regime, the persons whose names are stated on the seal of the bundle, bag, box, pack, cask of cash, precious assets and valuable papers shall be subject to the compensation for 100% of the deficient amount. Those who continue to violate shall, upon the seriousness of the violation, be subject to discipline in accordance with current provisions. Serious cases shall be dealt with in accordance with applicable laws. For case where the amount of money in the cash bundle, bag, box, pack, cask is excessive, that excessive amount shall be recorded as an operational receipt of the bank whose name is stated in the seal.

2. For the credit institution: Chairperson of the Board of Directors of credit institutions shall base on Paragraph 1 in this Article to stipulate, in their system, the settlement of the excess, deficiency of notes (pieces) in the bundles of money delivered, received with full sealed 10 reams or coin bags with seal in the banking system.

...

...

...

Upon detecting any case of excess or deficiency of cash, precious assets and valuable papers in vault, transaction counter or in the transport process, the Manager must decide on the inventory of the entire related assets. The Manager, Chief of the Accounting Division, Chief Controller, Chief of the Monetary Division shall directly check, examine, draw up minutes, record in books and prosecute for individual responsibility of the person who is assigned to preserve assets and responsibilities of related persons for timely and full recovery of the entire lost and deficient assets.

The cases of deficiency, loss of cash, precious assets and valuable papers with the value of ten million dong and more or cases of deficiency, loss of cash in the Issuing Reserve Fund must be reported by telegraph to the superior level of the dependent system (if any); credit institutions shall report to State Bank branches, State Bank branches shall report by telegraph to the State Bank (the Issuing and Vault Department) within 24 hours.

For the cases of loss of money of which there are signs proving that evildoers have broken into to steal, rob assets; or due to the embezzlement or taking advantage (with component elements of a crime), the place of action must be kept intact and reported to the public security agency.

Article 62. Settlement of the deficiency, loss of money due to the negligence in the operation

In the event where the deficiency, loss of cash, precious assets and valuable papers are caused by the negligence during the delivery, receipt, counting, preservation; and the investigation reveals that there is no sign of embezzlement or taking advantage of assets, the negligent persons shall be subject to the compensation for the entire loss and be dealt with in accordance with current provisions of applicable laws.

For the case of the State Bank, the State Bank shall establish the compensation settlement Council to deal with material responsibilities.

Article 63. Settlement of the deficiency, loss of money due to subjective reason

1. In case where the Manager and persons, who are responsible for the management, supervision, security assurance of cash, precious assets, valuable papers, fail to complete their duties, resulting in the deficiency, loss of money in the vault or enable their employees to embezzle, take advantage or steal assets, they shall be disciplined under provisions of laws; where they have jointly material responsibility in the loss of money, assets, they must compensate; in serious cases, they shall be prosecuted for criminal liability.

2. If the officers, employees who are in charge of treasury work, embezzle, take advantage of cash, precious assets, valuable papers, they shall be subject to the compensation for 100% of the value of the deficiency assets and be dismissed; in serious cases, they shall be prosecuted for criminal liability.

...

...

...

1. Officers, employees who are responsible for the management, preservation, transport of cash, precious assets, valuable papers and guarding policemen who achieve merit, protect assets bravely shall be awarded.

2. Officers, employees who are in charge of treasury work as stipulated in this Regime shall be entitled to enjoy responsibility allowance; harmful and heavy work allowance; feeding-up allowances for harmfulness in kind; be equipped with personal protection equipment… in accordance with provisions of the State and the branch.

Article 65. Reporting the vault security activity

State Bank branches, credit institutions shall prepare annual report on the performance of this Regime. Report of the credit institutions shall be sent to the State Bank branch in the local area and the credit institution of the superior level (if any). State Bank branches, credit institutions shall sum up reports and send to the State Bank.

Chapter VII

IMPLEMENTING PROVISIONS

Article 66. Responsibility of related units

1. Director of the Issuing and Vault Department shall be responsible for guiding and inspecting the performance of this Regime.

2. Director of the General Control Department shall be responsible for guiding, controlling the implementing organization in the system of the State Bank. Chairpersons of the Board of Directors of credit institutions shall organize the control of the implementing organization in their systems.

...

...

...

Article 67. The delivery and receipt of cash with the State Treasury

The delivery and receipt of cash between State Bank branches or credit institutions with the State Treasury and vice versa shall be performed like in the case of delivery and receipt of cash between the State Bank branches and credit institutions as stipulated in this Regime.