Quyết định 269/2001/QĐ-NHNN về chế độ giao nhận, bảo quản, vận chuyển tiền mặt, tài sản quí, giấy tờ có giá do Thống đốc Ngân hàng Nhà nước ban hành

DECISION

PROMULGATING THE REGIME OF DELIVERY, RECEPTION, CUSTODY AND TRANSPORTATION OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

THE STATE BANK GOVERNOR

Pursuant to Vietnam State Bank Law No. 01/1997/QH10 of December 12, 1997 and Credit Institution Law No. 02/1997/QH10 of December 12, 1997;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No. 81/1998/ND-CP of October 1, 1998 on printing, minting, keeping, transporting and destroying banknotes and coins; transporting and keeping precious assets and valuable papers within the banking system;
Pursuant to the Government’s Decree No. 87/1998/ND-CP of October 31, 1998 on issuing, recovering and replacing bank notes and coins;
At the proposal of the director of the Department for Issuance and Treasury Operations,

DECIDES:

Article 1.- To promulgate together with this Decision the Regime on delivery, reception, custody and transportation of cash, precious assets, valuable papers.

Article 2.- This Decision takes implementation effect 15 days after its signing and replaces Decision No. 247/1999/QD-NHNN6 of July 14, 1999 of the State Bank Governor.

Article 3.- The director of the Office, the director of the Department for Issuance and Vault Operations, the director of the State Bank Transaction Bureau, the heads of the units under the State Bank, the directors of the State Bank branches in the provinces and centrally-run cities, the chairmen of the Managing Boards and the general directors (directors) of the credit institutions, and the concerned units shall have to implement this Decision.

REGIME

ON DELIVERY, RECEPTION, CUSTODY AND TRANSPORTATION OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS
(Issued together with Decision No. 269 of April 1, 2002 of the State Bank Governor)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regime shall apply to:

1. The State Bank branches, the State Bank Transaction Bureau (hereinafter called State Bank branches), the Central Vault.

2. The credit institutions operating under the Credit Institution Law and licensed by the State Bank.

3. Customers in relations of cash, precious asset and/or valuable paper transactions with the State Bank, credit institutions.

Article 2.- In this Regime, the following terms and phrases shall be construed as follows:

1. Cash: Banknotes and coins, issued by the State Bank of Vietnam.

2. Precious assets: Foreign currencies, precious metals, precious stones and other kinds of precious assets.

3. Valuable papers: Payment money orders, notes, bonds and other types of valuable papers as prescribed by law.

Chapter II

TALLY, PACKING, DELIVERY AND RECEPTION OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Section I. PROVISIONS ON PACKING, SEALING OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Article 3.-

1. A bundle of banknotes includes 10 (ten) sheaves of banknotes of the same par value. A sheaf of banknotes contains 100 (one hundred) notes of the same par value.

2. A bag of coins contains 10 (ten) bars of coins of the same par value. Each bar of coins contains 100 (one hundred) coins of the same par value.

3. A sack of banknotes contains 20 bundles of notes of the same par value.

4. A box of coins contains 10 bags of coins of the same par value.

Article 4.-

1. Banknote bundle seals: pre-printed with details, thin paper, of sizes suitable to each kind of money. Seals of banknote bundles of credit institutions have a specific paper color or ink color.

2. The seals of money bundles, bags, sacks and cans must be fully and clearly inscribed with the following details: The bank name; money type; money quantity (notes, bars, bundles, bags); money amounts; full names and signatures of the talliers and packers; the date of packing and sealing.

3. The persons whose names and signatures are inscribed on the seals must bear responsibility for the assets in the sealed money bundles, bags or sacks and/or boxes.

4. The State Bank’s regulation on sealing money bags, sacks and boxes:

a/ Lead-sealing for newly printed banknotes;

b/ Lead-sealing of seals for already circulated money.

Article 5.-

1. Bundling and sealing of foreign currencies and valuable papers shall be effected like the bundling and sealing of cash.

2. The packing, tally, delivery and reception of assorted precious metals, precious stones and other precious assets shall be stipulated by the State Bank Governor in a separate document.

Section II. TALLY, DELIVERY AND RECEPTION OF CASH, FOREIGN CURRENCIES,
VALUABLE PAPERS

Article 6.-

1. All revenues and expenditures in cash, foreign currencies, valuable papers of the State Bank or credit institutions must be effected through the units’ funds.

2. Revenues and expenditures in cash, foreign currencies, valuable papers must be based on the accounting vouchers. Before effecting the collection and/or payment, the validity and legality of the accounting vouchers must be inspected.

Cash, foreign currencies and/or valuable papers flown in or spent out must be adequate and correct in the total money amounts (written in numerals and words) and correct in the time (day, month, year) inscribed on the accounting vouchers, the fund journal and fund book; the accounting vouchers must be signed by the money payers (or payees) and the cashiers or the vault keepers.

Article 7.- Each accounting voucher on revenue or expenditure in cash, foreign currencies, valuable papers of the State Bank must be accompanied with a list or a record on delivery and reception of cash, foreign currencies, valuable papers. The list shall be preserved for a period of two years.

Article 8.- Cash, foreign currencies and valuable papers, when collected or spent, must be tallied accurately.

The payers of cash, foreign currencies and/or valuable papers must witness the tallies by banks.

The payees of cash, foreign currencies and/or valuable papers must re-tally them before leaving the payment counters of banks.

Article 9.-

1. All cash collections and payments of the State Bank’s branches and credit institutions with individuals, enterprises, organizations… (hereinafter called collectively the customers) must be effected with note tally (for banknotes) or bar tally (for coins) and in strict compliance with the professional process.

Credit institutions and customers may reach agreement on the application of the mode of collecting and receiving cash in sealed bags.

2. The general directors (directors) of credit institutions shall stipulate the procedures for cash revenues and expenditures with customers (even when new technologies are applied), the procedures for cash collection in sealed bags.

3. The director of the Department for Issuance and Treasury Operations shall stipulate the procedures for cash collection and payment applicable to the State Bank.

Article 10.-

1. The delivery and reception of cash by orders of transfer between the Central Vault; and State Bank branches and vice versa; between the Central Vaults and between the State Bank branches shall be effected with tally of money bundles with full 10 sheaves each, with intact seals.

Within 30 working days, the State Bank branches which receive the money must set up the Tally Councils which shall tally notes in the presence of the witnesses sent by the delivering units; in case of trusting the recipients, the delivering units shall authorize in writing the receiving units to organize the Tally Councils.

In cases where the witnesses are present, the State Bank branches may deliver the received money in bundles with full 10 sheaves and intact seals to the credit institutions in the same provinces or cities; the tally of these money amounts shall comply with the provisions in Clause 2 of this Article.

2. The delivery and reception of cash between State Bank branches and credit institutions and vice versa and between credit institutions in the same province or cities shall be effected with the tally of money bundles with full 10 sheaves each and intact seals.

In cases where credit institutions tally the received money amounts note by note, the Tally Councils must be set up and the tally must be completed within 15 working days to the witness of the persons sent by the delivering units; in case of trusting the receiving parties, the delivering parties shall authorize in writing the receiving parties to organize the Tally Councils.

3. Coins shall be delivered and received in bags with full 10 bars each, with intact seals as in the cases prescribed at Clauses 1 and 2 of this Article.

4. The newly printed banknotes of various sorts shall be delivered and received in sacks and boxes with intact lead-seals of the banks’ money printing factories for cases prescribed at Clauses 1 and 2 of this Article.

5. The cash delivery and reception within credit institutions shall be stipulated by the general directors (directors) of such credit institutions.

Article 11.-

1. All revenues and expenditures in foreign currencies between credit institutions and customers; between credit institutions; between State Bank branches and credit institutions shall be effected with tally of notes and in strict compliance with cash collection and payment procedures.

The delivery and reception of foreign currencies within credit institutions shall be stipulated by the general directors (directors) of such credit institutions.

2. The delivery and reception of valuable papers shall be effected as follows:

a/ The delivery and reception between credit institutions, State Bank branches and customers; between the State Bank and credit institutions; and between credit institutions must be effected with note tally and comply with the cash revenue and expenditure procedures.

b/ The delivery and reception between the printing houses of banks and the central vault; between the central vaults and State Bank branches; between State Bank branches; and between central vaults shall be effected as follows:

- Newly printed valuable papers shall be delivered and received in sealed bags as for cash, or in sealed bundles (if not enough for a bag); the already circulated valuable papers shall be delivered and received in bundles with full 10 sheaves each and intact seals of the State Bank branches; in cases where a bundle is not enough with 1,000 notes, the delivery and reception shall be effected in notes.

The receiving State Bank branches must set up the Councils for Tallying Notes before making payment to credit institutions or customers.

- Valuable papers with expired circulation duration: To be delivered and received in bundles with intact seals of the State Bank branches or in notes (in case of being not enough 1,000 notes).

Chapter III

MANAGEMENT OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS AND VAULTS

Article 12.- The directors of State Bank branches, the directors of central vaults, the directors of credit institutions (hereinafter called collectively the directors) shall be responsible for organizing the management, ensuring the safety and confidentiality of the total amounts of money, precious assets, valuable papers and operations of the vaults in their units. The directors shall manage and keep the key of one lock of the outer doors of the vaults; personally unlock and lock the doors to supervise the delivery, warehousing and custody of assets in the vaults.

Article 13.- The heads of the Accountancy Sections (or chief accountants) shall have to manage and supervise the delivery, warehousing and custody of assets in the vaults, having the tasks:

- To organize the accounting of cash, precious assets, valuable papers according to the accountancy and statistical regime; to guide and inspect the book opening and recording by the cashiers and the vault keepers;

- To manage and keep the key of one lock on the outer door of the vaults, personally unlock and lock the vault doors in order to supervise the delivery, warehousing and custody of assets in the vaults;

- To examine and compare data on accounting books, the cashiers’ books, the vault keepers’ books to ensure the compatibility;

- To directly partake in the periodical or extraordinary inventories of assets in order to ensure the compatibility between the amounts actually left in vaults and those on accounting books, cashiers’ books, vault keepers’ books; sign the vault books for certification of the amounts actually left in the vaults, the books for monitoring each type of assets, the inventory books, vault cards.

- At the central vault, the head of the Accountancy Section of the Department for Issuance and Treasury Operations or the head of the Accountancy Section shall perform the tasks prescribed in this Article.

Article 14.- The vault keepers shall have to ensure absolute safety for all types of assets kept in the vaults.

1. The vault keepers shall have the tasks:

- To effect the delivery and warehousing of cash, precious assets and valuable papers in a precise, timely and adequate manner strictly according to the orders of the competent authorities, with proper and lawful accounting vouchers;

- To open vault books; books for monitoring each type of cash, each type of asset; vault cards; other necessary books; to record and keep books and papers fully, clearly and accurately;

- To organize the tidy and scientific arrangement of cash and assets in the vaults, ensuring vault hygiene;

- To manage and keep the key of one lock of the inner door of the vaults, preserving the assigned assets, locks at vault compartments and preservation means in the vaults (safes, iron cabinets).

2. The keepers of the vaults of the State Bank branches shall conserve cash of the Issuance Reserve Fund and gold, silver, precious metals and precious stones.

Each central vault is staffed with a number of keepers: The keeper of the Issuance Reserve Fund, the keeper of the precious asset storehouse, the keeper of the valuable paper storehouse. Each keeper shall be accountable for the assets assigned to him/her and perform the tasks as provided for in Clause 1, this Article.

3. To assist the vault keepers in tallying, packing, loading and unloading, transportation of cash, precious assets and/or valuable papers, with a number of their assistants.

Article 15.-

1. The cashiers of the State Bank branches and the cashiers of the credit institutions shall have to ensure the absolute safety for money of all types in the operation fund, for foreign currencies and valuable papers; to the collection and payment of cash, foreign currencies and/or valuable papers strictly according to the proper and lawful accounting vouchers; manage and record fund books and other necessary books fully, clearly and accurately.

2. At the State Bank branches which have separate vaults for the custody of issuance operation fund, foreign currencies and valuable papers, the cashiers cum vault keepers shall preserve the assigned assets. For this case, the cashiers shall enjoy benefits like the vault keepers.

3. At the Vault Sections of credit institutions, which have one or several cashiers, each cashier shall bear responsibility for the assets assigned to him/her; among them, one shall be assigned to work also as a part-time or full-time vault keeper.

Article 16.- The heads of the Monetary- Vault Sections of the State Bank branches, the head of the Operation Section of the Central Vault or the heads of the Treasury Sections of the credit institutions shall have the tasks:

- To guide and inspect the managerial operation for vault safety;

- To organize the delivery, warehousing, custody and transportation of cash, precious assets and valuable papers according to regulations;

- To participate in the inspection, inventory and handover of vault assets.

Article 17.- The vault controllers shall have the tasks to tally, select, pack, load and unload and transport cash, precious assets and valuable papers.

Article 18.- The vault security personnel shall have the tasks:

- To inspect on spot the conditions to ensure safety for the delivery, warehousing of vault assets as well as the loading, unloading and transportation to and fro on orders of competent authorities; to inspect the work on vault safety during the working hours;

- To control and supervise people working inside the vaults; to be entitled to inspect and check people moving into and out of vaults whenever there appear any doubts;

- To inspect the observance of regulations on entry into or exit from vaults;

- To propose to the directors measures for organizing the protection of safety in the vaults.

Where full-time vault security personnel cannot be arranged, the vault keepers shall work also as part-time security personnel.

Article 19.-

1. The vault keepers, cashiers and controllers of the State Bank branches and the central vault must be fully qualified for the posts prescribed by the State and shall be managed under the Regulation on State Bank officials and employees.

2. The chairmen of the Managing Boards and general directors (directors) of the credit institutions shall base themselves on the criteria of vault controllers, cashiers and keepers of the State Bank as well as other law provisions to prescribe the criteria of the vault controllers, cashiers and vault keepers within the entire system.

Article 20.- Spouses, fathers, mothers, offspring, blood brothers and sisters (including blood brothers and sisters of spouses) of the directors and deputy-directors shall not be arranged to work as cashiers or vault keepers. Persons of spousal, parental, offspring or fraternal ties must not participate in keeping the keys of vault doors, in inventory and tally of cash, precious assets and/or valuable papers or to work together on a vehicle or convoy carrying special commodities.

Article 21.- Provisions on authorization of members to participate in management of cash, precious assets, valuable papers and vaults

1. Directors may authorize in writing their deputies to perform the task of managing cash, precious assets, valuable papers and vaults for a given period of time. The authorized persons shall be answerable to the directors for the management of cash, precious assets, valuable papers, vaults according to this Regime and law provisions.

2. Heads of the Accountancy Sections may authorize in writing their deputies to represent them in managing cash, precious assets, valuable papers and vaults for a given period of time (the authorization documents are approved by the directors). The authorized persons shall be answerable to the section heads and directors for the management of assets and vaults according to this Regime and law provisions.

3. Whenever the vault keepers take leaves according to the prescribed regime, are absent for working missions, meetings or study, they must make written requests therefor and obtain the directors’ approval. The directors shall appoint in writing persons for substitution and organize the inventory and hand-over of assets. The substitutes shall have to keep secret and ensure absolute safety for assets and normal professional operations during the time they are assigned the tasks.

4. Upon the expiry of the authorization duration and the asset hand-over, the authorized persons must report on the work they have performed regarding the management of cash, precious assets, valuable papers and vaults to the authorizers. The authorized persons must not further authorize other persons.

The substitutes of vault keepers shall also observe the provisions in Clause 4 of this Article.

5. The general directors of credit institutions shall stipulate the authorization by the directors (of branches, Transaction Bureaus, representative offices… of the credit institutions) for the management of cash, precious assets, valuable papers and vaults in such special cases as the absence of leaders or the shortage of leading officials.

Chapter IV

CUSTODY OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Section I. ARRANGEMENT OF THE CUSTODY OF CASH, PRECIOUS ASSETS AND VALUABLE PAPERS AT TRANSACTION COUNTERS AND VAULTS

Article 22.-

1. Persons who are tasked to enter cash transaction counters or vaults must wear pocketless labor protective clothings or pocketless transaction uniforms.

2. Persons who have no tasks must not enter transaction counters or vaults.

3. The transaction counters and vaults must have internal regulations prescribed by the directors.

Article 23.-

1. At the end of every working day, the whole cash, precious assets and valuable papers must be kept in vaults.

The safe custody of cash, precious assets and valuable papers during noon breaks (if any) shall be stipulated by the general directors (directors).

2. All assets kept in vaults must be classified, tallied, packed and sealed in strict accordance with recipes, be arranged in a tidy and scientific manner.

3. In the State Bank vault: cash, precious assets and valuable papers must be arranged separately in each area in the storage compartment or in separate storage compartments.

4. Pending the construction of vaults, the credit institutions may keep cash, precious assets and valuable papers in iron safes adequately furnished with safety conditions. The director (or the head of Accountancy Section) and the cashier shall each manages and keeps the key of one lock of the iron safe. The general directors (directors) of the credit institutions shall specify the enhanced safekeeping of assets in this case for uniform application within the system.

Article 24.- The general directors (directors) of the credit institutions shall prescribe specific conditions and procedures for reception and delivery of assets to the customers; the specific responsibilities of concerned sections (accountancy, treasury) in order to ensure safety for assets at units which provide services for custody of precious objects and valuable papers or services for lease of iron safes and/or cabinets to Vietnamese or foreign organizations and/or individuals.

Section II. USE AND PRESERVATION OF VAULT KEYS

Article 25.- Each lock of the vault door, the vault compartment door, iron safe or cabinet must always have enough just two keys: one key for daily use and one for reserve. The key of the combination lock is a combination of codes and fixed key (if any).

Article 26.- Each keeper of the vault door key must safely keep the daily-use key in a separate safe placed at the working place in the agency’s office.

Article 27.-

1. The daily-use keys of iron cabinets, safes (if any) of a vault compartment shall be placed in a small iron box preserved in one of the iron safes placed in that vault compartment.

2. The vault compartment key and the key of the iron safe where the key box mentioned in Clause 1 of this Article is kept; the being used key of the iron safe, iron cabinet preserving assets at the transaction counters shall be kept like the being used keys of the vault door.

Article 28.-

1. Upon each hand-over of the vault keys, the deliverer and the receiver shall directly hand over the keys and sign the book on vault key hand-over. For combination locks, when the vault door keys are handed over, the receivers must change the codes.

2. The special cases (where various combination locks are used) of credit institutions shall be stipulated by the general directors (directors).

Article 29.- The sealing of reserve keys of the vault doors shall be witnessed, recorded and signed on the seals by the key keepers and controllers. The reserve key boxes shall be deposited in the vaults of the State Bank branches or other credit institutions right in the day. The units receiving the key box deposit shall have the task to keep the seals on the reserve key boxes in their vaults safe and intact.

The Central Vault shall deposit the reserve keys of the vault door into the vault of the nearest State Bank branch. The State Bank branches shall deposit the reserve keys at the vaults of the State-run credit institutions.

The vault door reserve key box has two locks, each of which shall be managed by the vault director and keeper; the keys shall be preserved like the vault door keys being in use.

Article 30.- The reserve keys of vault compartments, iron safes and cabinets shall be sealed according to the procedures applicable to the reserve keys of the vault doors, and kept at the directors’ safes.

Article 31.- The reserve key boxes shall be opened only in the following cases:

1. The daily-use keys are lost or the vault doors must be opened in emergency circumstances while the key keepers are absent.

2. The reserve keys of new locks are additionally deposited or combinations are changed.

3. The reserve keys of replaced locks are withdrawn.

4. The reserve keys are examined and inventoried on the written orders of leaders of the superior agency.

The opening of reserve key boxes must be witnessed directly by the director, the Accountancy Section head, the vault keeper and the controller. The opening of reserve key boxes in cases prescribed in Clauses 1, 2 and 3 of this Article must be approved in writing by the directors.

Article 32.- The duplication or copying of keys is strictly forbidden. Where the vault door locks or keys are out of order and must be repaired or replaced, the written approval of the director is required. The repair or replacement must be undertaken by locksmiths of the bank or of the bank engineering company to the witness of the key keepers or their authorized persons. It is absolutely forbidden to hire outside locksmiths to repair locks or cut keys of the vaults.

Article 33.- Those officials who are tasked to preserve and use keys shall have to keep secret and safe the assigned keys.

1. Not to mislay, lose or damage the keys. Absolutely not to let other persons watch, hold or keep the keys.

2. Not to bring keys out of the agencies’ offices.

3. Where the daily-use keys are lost, the persons at fault must immediately report thereon in writing to the directors, clearly stating the key-loss reasons, time and places. If the keys of the vault doors are lost, the directors must immediately report thereon to the police office of the same level and the superior bank. Then, the record on the key loss shall be made and the procedures shall be carried out to take the reserve key for use. The lock replacement must be carried out quickly within 36 hours.

Article 34.- It is absolutely forbidden to let happen the situation that due to personnel transfer or any other reasons, all keys of the locks of the vault doors fall in turn into the hand of one person. In cases where such situation occurs (which is considered that the secrets of all locks of the vault doors are disclosed, the keys thereof are lost), the directors shall have to bear the responsibility as they have themselves disclosed the secrets or lost the vault door keys.

Article 35.- Keys of vault doors, vault compartments, iron safes, cabinets..., which are not kept strictly according to the provisions of this Regime, shall be considered having their secrets disclosed. Upon the disclosure of key secrets, locks or combinations must be replaced or changed. Persons who disclose key secrets or lose keys must make serious self-criticism and pay the expenses for lock replacement; must be administratively disciplined or handled according to the provisions of law.

Article 36.- In cases of urgency, if one or two key keepers are not present, the directors shall permit the use of reserve key; if it is extremely urgent, the directors shall permit the breaking of doors to save the assets and promptly report thereon to the superior bank.

Section III. ENTERING, EXITING THE VAULTS

Article 37.- Subjects are allowed to enter vaults while on official duties:

1. Directors and members with responsibility to keep keys of the vault doors.

2. The State Bank Governor, deputy-governors, who inspect vaults within the banking service.

3. Chairmen of the Managing Boards, the general directors of credit institutions, who inspect vaults within the system.

4. The director of the Department for Issuance and Vault Operations enter vaults of the State Bank’s system to perform the assigned tasks.

Officials who are permitted in writing by the State Bank Governor to enter for inspection of vaults within the banking service. Officials who are permitted in writing by the general directors of credit institutions to inspect vaults of the credit institutions.

5. The directors of the State Bank branches, officials who are permitted in writing by the State Bank branch directors to inspect vaults of the credit institutions in the provinces or centrally-run cities.

6. The controllers who enter the vaults to supervise the delivery and warehousing of assets; to inspect the vaults under the working plans already approved by the directors.

7. Officials and employees, who are assigned the task to organize and carry out the loading and unloading, transportation of assets preserved in vaults.

8. Members of the Council for periodical and extraordinary inventories of vault assets.

9. Supervisory officials and technicians, workers performing the tasks of repairing, installing, maintaining equipment and locks in vaults, who make written requests approved by the directors who permit the entry into vaults.

Article 38.- Cases of permitted entry into vaults:

1. To execute orders, bills on delivery or warehousing of cash, precious assets and/or valuable papers.

2. To deposit cash of the operation fund, foreign currencies and/or valuable papers into vaults for custody, or deliver them for daily use.

3. To inspect vaults in the cases prescribed at Clauses 2, 3, 4 and 5 of Article 37 of this Regime, to inventory assets and other cases of periodical or extraordinary inspection as provided for in Article 56 of this Regime.

4. To clean, carry out loading and unloading or swaps in vaults;

5. To repair, install and check equipment in vaults;

6. To rescue assets in vaults in emergency cases.

7. To deliver and warehouse assets in the performance of precious object-keeping services; to deliver and warehouse special commodities of the State Bank or other credit institutions, which have been deposited overnight.

Article 39.- Each vault entry must be recorded in the vault entry register. When entering, the vault keeper shall enter first; when leaving, the vault keeper shall be the last to exit the vault. The opening and closing of the locks on vault doors must observe the principle of one person by one person and in strict accordance with the following order: the director, the Accountancy Section head and the vault keeper, when opening the vault doors; and vice versa, when closing the vault door: the vault keeper, the Accountancy Section head and the director. Exiting the vault, all these people must sign their names for certification on the vault entry register.

Article 40.-

1. Before unlocking, the vault security personnel, members keeping the vault keys must carefully observe the outside appearance of the vault locks and doors.

a/ If finding signs of doubt, such doubt must be fully recorded before opening the locks;

b/ If finding traces of intruding into vaults by evildoers, the scene must be kept intact for police to consider and make record; then unlocking the door to enter the vault.

2. Before exiting the vaults:

a/ Checking objects to be taken out of the vaults;

b/ Re-checking the security equipment systems;

c/ The vault keeper and security personnel must make the final examination before closing the vault door.

Section IV. GUARDING, PROTECTING VAULTS, TRANSACTION COUNTERS

Article 41.- After the working hours, the transaction counter doors and all doors in the vault area must be locked. Besides the security personnel and vault security equipment operators on duty (if any) as assigned, no one is allowed to stay alone without permission at the work places in the bank offices (offices cum vaults). If there is the requirement to work overtime, there must be at least two persons who are permitted in writing by the directors and notified to the security section.

Article 42.- The vaults must be constantly guarded and protected to ensure safety for 24 hours/day. The State Bank and credit institutions shall closely coordinate with local police forces in working out plans for protection of vaults.

Vaults of the State Bank branches, the Central Vaults shall be protected by police forces.

Article 43.- Persons tasked to protect vaults must bear responsibility for the vault safety within their assigned scopes.

Chapter V

TRANSPORTATION OF SPECIAL COMMODITIES

Article 44.- The special commodities prescribed in this chapter shall include cash, precious assets and valuable papers.

The organization of transportation of special commodities must follow the process, starting from the time of receiving, packing and sealing assets and preserving means; loading onto vehicles; transportation en route, arrival at the reception place; delivery of commodities, to the completion of all delivery and reception procedures.

Article 45.-

1. The Department for Issuance and Vault Operations has the task of organizing the transportation of special commodities from the money printing plants, airports, seaports and/or railway stations to the central vault; from the central vault to the State Bank branches and vice versa, between central vaults, and between State Bank branches.

2. The transportation of foreign currencies abroad requires the order of the State Bank governor (for the State Bank’s foreign currencies) or the order of the general directors (directors) of credit institutions (for the credit institutions’ foreign currencies).

3. The general directors (directors) of the credit institutions shall prescribe the competence to issue orders on cash transfer between branches and stipulate the transportation of special commodity within the system.

Article 46.- Upon the delivery, reception and transportation of special commodities, the persons who escort the commodities must get the letter of authorization from the competent authorities. For the transportation of foreign currencies abroad for deposit into accounts, the escorts must get the letter of attorney from the State Bank governor (for the State Bank’s foreign currencies) or the general directors (directors) of credit institutions.

Article 47.- The transportation of special commodities requires the use of special-use vehicles or special-use transport means. Where other means are used, such must be decided by the general directors (directors) who shall stipulate the process of transportation, protection and measures to ensure safety for the property.

In unexpected cases or where the transported volume and property values are big and the transportation is carried on long distances, requiring the rent of other means such as airplanes, trains, sea-going ships, it must be decided by the State Bank governor (for the State Bank’s property) or the general directors (directors) of credit institutions.

Article 48.-

1. Special commodities, when transported, must be packed and sealed.

2. The persons who organize and participate in the transportation must absolutely keep secret the time, itinerary, type of commodity, volume, value, transport means.

3. Persons who have no responsibility must not travel on means used for the transportation of special commodities.

Article 49.- The transportation of special commodities must be conducted in broad daylight (except for special cases like the transportation by rail, by air…), avoiding the delivery and reception of commodities at night.

For long-distance transportation requiring breaks en route, it is not allowed to stop vehicles at crowded places. Where overnight stay en route is required, the vehicles carrying the commodities must be parked at the offices of the State Bank, credit institutions or police units so as to have conditions to ensure safety and coordinate in arranging guards to watch over the commodities vehicles, or the commodities must be deposited into vaults.

Article 50.- Upon receiving the notices that the vehicles carrying special bank commodities are hit with incidents on the routes in their respective localities, the State Bank branches and/or credit institutions must take initiative in contacting and coordinating with the police offices as well as the forces of the transport vehicles to work out measures to ensure the property safety. In case of necessity, they must request the local People’s Committees to coordinate and have the responsibility to handle the incidents in time.

Article 51.- When the special commodities arrive at the reception places, the commodity-receiving units must mobilize their labor forces to receive the commodities in the quickest manner (even beyond the working hours or holidays and put them into vault for safe custody.

Article 52.-

1. For the transportation of special commodities, a full force of means operators, escorts and security personnel is required.

Vehicles carrying special commodities of the State Bank must be protected by armed police; depending on the volume, value and nature of each commodity shipment, the bank shall discuss and agree with the police units on the number of guards, ensuring that a vehicle carrying special commodities must be protected by at least two armed policemen.

2. The persons who escort special commodities shall be the general commanders throughout the course of transportation, having the responsibility to ensure safety for the special commodities and organize the delivery, reception, transportation and protection strictly according to the provisions in this Regime.

Where the volume and value of the transported special commodities are great, requiring the organization of convoys and a number of escorts, the directors shall appoint one escorting official to be the head of the convoy.

Article 53.- The security or police forces protecting the special commodities shall have the responsibility: to work out plans for the protection of commodities, people and means right from the time of taking the commodities to the time of completing the commodity delivery and returning to the offices safely; to strictly abide by the regulations in transportation under this Regime; handle specific circumstances upon their occurrence, not letting vehicles be inspected, checked en route. Upon the occurrence of incidents of unsafety, they must fight against and assign members in the convoy to coordinate in protecting people, special commodities and means.

Article 54.- The means operators shall take responsibility for the technical conditions of the transport means; strictly abide by the regulations on transportation of special commodity according to this Regime; abide by the traffic rules; take initiative in applying for priority papers or buying bridge or ferry toll tickets for quick crossing.

Article 55.- Units organizing the transportation of special commodities must open books to monitor each shipment covering the arrangement of personnel, means and transportation schedule.

Chapter VI

EXAMINATION, INVENTORY, HAND-OVER, DEFICIT OR SURPLUS HANDLING OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Section I. EXAMINATION, INVENTORY AND HAND-OVER OF CASH, PRECIOUS ASSETS, VALUABLE PAPERS

Article 56.- Conducting periodical examination and inventory as follows:

1. Conducting the comprehensive examination of the work of ensuring safety for vaults and the general inventory of cash, precious assets and valuable papers twice a year at 00.00 hrs of January 1 and July 1.

2. Inventorying the issuance reserve fund and other assets kept in vaults, once a month at 00.00 hrs on the first day of every month.

3. Inventorying cash of the credit institution funds, Issuance Operation funds of the State Bank branches, valuable papers and precious assets at the end of every working day.

4. Conducting unexpected examination and inventory in the following cases:

a/ The keepers of the vault door key are replaced;

b/ The vault door lock is replaced or its key is lost;

c/ There appear doubts that evil doers have intruded into vaults, cash collection and payment counters or transported special commodities en route; mistakes are detected in vault delivery or deposit and cash collection and payment;

d/ There are orders or documents on examination of vaults, issued by competent authorities prescribed in Clauses 2, 3, 4 and 5, Article 37 of this Regime.

e/ Cash tally and/or sorting are examined.

5. The directors are entitled to conduct unexpected inventories and general inventories of cash, precious assets and/or valuable papers at any time.

Article 57.- When one of the three keepers of the vault door keys (the director, the Accountancy Section head and the vault keeper) is replaced, the hand-over of cash, precious assets and valuable papers must be carried out. Depending on the work requirements and rest time, the director may decide in writing the partial or complete hand-over of assets.

The receivers must personally examine, inspect, tally the assets and must not authorize other persons to do such instead.

Article 58.- For periodical inventories as provided for in Clauses 1 and 2, Article 56 of this Regime and for cases of hand-over of cash, precious assets and/or valuable papers, there must be decisions of the directors on setting up the inventory councils.

Upon each tally of assorted banknotes and/or valuable papers, which have been received in sacks, boxes, bundles or bags of money, with intact seals, the director shall issue a decision to set up the money tally council.

1. The composition of an Inventory Council or a Money Tally Council:

- The Council chairman: The director

- Members: The Accountancy Section head (or chief accountant), the Money- Vault Section head (or the Treasury Section head), the chief controller (or controller).

The Council shall requisition a number of assisting officials to be decided by the Council chairman.

The Council shall make the tally records or inventory records and handle the asset surplus or deficit according to current regulations.

2. Where unexpected inventory or inspection is needed, the Inventory Council must be set up; the composition of the Council shall be prescribed by the head of the agency deciding the examination and inventory, but must not be smaller than the composition stipulated in Clause 1, this Article.

3. The day-end inventory shall be effected by the director, the Accountancy Section head (or chief accountant). In case of his/her absence, thus being unable to directly participate therein, every of the above-mentioned members may authorize his/her deputy or competent person to effect the inventory. The director can additionally mobilize a number of officials and employees to assist in the day-end inventory. The chief controller or controllers shall supervise the day-end inventory.

Article 59.-

1. The Council which inventories the issuance reserve fund, precious assets and valuable papers in the central vault periodically on January 1 and July 1 is composed of the following:

- The Council chairman: The director of the General Control Department;

- Members: The director of the Finance-Accountancy Department, the director of the Department for Issuance and Treasury Operations.

The Council may requisition a number of assisting officials to be decided by the Council chairman.

2. The Inventory Council of the Issuance and Treasury Operations Department shall inventory the issuance reserve fund, the precious assets and valuable papers in the Central Vault at 00.00 hrs on the first day of every month, consisting of the following members:

- The Council chairman: The director of the Issuance and Treasury Operations Department or the director of the Central Vault;

- Members: The Accountancy Section head, the Vault Operation Section head, the controller.

The Council may requisition a number of assistants to be decided by the Council chairman.

Section II. HANDLING CASH, PRECIOUS ASSET, VALUABLE PAPER SURPLUS OR DEFICIT

Article 60.-

1. In case of deficit of cash, precious assets and/or valuable papers according to the records made by the Tally Council or the Inventory Council as provided for in this Regime, the persons having their names inscribed on the seals of the sacks, bundles of cash, precious assets or valuable papers shall have to compensate 100% of the value of the deficit assets. If recommitting the violations, they shall be disciplined according to current regulations, depending on the seriousness of their violations. In case of serious violations, the violators shall be handled according to law. The surplus notes in note bundles shall be credited for the banks whose names being inscribed on the note bundles.

2. For each credit institution: The general director (director) of the credit institution shall base on Clause 1 of this Article to stipulate the handling of surplus or deficit of banknotes in the note bundles already delivered with full 10 sheaves each and intact seals.

Article 61.- Where the surplus or deficit of cash, precious assets and valuable papers are detected in vaults, at transaction counters or in the course of transportation, the directors shall have to decide to inventory the entire assets. The director, the Accountancy Section head, the chief controller and the Monetary Section head shall have to directly consider, examine, make records on, record books in time and examine personal liability of persons tasked to preserve the assets, liability of relevant persons in order to recover in time the total value of the lost or deficit assets.

Cases of deficit or loss of cash, precious assets and/or valuable papers, valued at VN dong one million or more or cases of deficit or loss of cash in the Issuance Reserve Fund must be reported to the superior authorities according to the vertical hierarchy (if any); the credit institutions shall report to the State Bank branches, the State Bank branches shall report to the State Bank (the Issuance and Vault Operations Department) within 24 hours.

For cases of money loss, which show signs of intrusion by evildoers to rob assets, embezzlement or misappropriation (with criminal elements), the scenes must be kept intact and the cases must be reported to the police offices.

Article 62.- Where the deficit or loss of cash, precious assets and/or valuable papers is caused due to carelessness in delivery, reception, tally and/or preservation and no sign of embezzlement or misappropriation of assets is found through verification, the violators must compensate for the entire damage and be handled according to current law. The State Bank shall set up the damage compensation council to handle the material liability.

Article 63.- The director and the persons having the responsibility to manage, supervise and safely preserve cash, precious assets and valuable papers, if failing to fulfill their tasks and letting the deficit or loss of money in the vaults or letting officials under their management embezzle, misappropriate or steal assets, shall be disciplined according to law provisions; if bearing joint material responsibility for the loss of money, they have to compensate therefor; in case of serious violations, they shall have to bear penal liability.

Article 64.-

1. Officials and employees, who perform the tasks of managing, preserving and/or transporting cash, precious assets and valuable papers and policemen who perform the task of protection, if recording outstanding achievements and/or courageously protecting the assets, shall be commended and/or rewarded.

2. Officials and employees who are engaged in vault work, if embezzling or misappropriating cash, precious assets and/or valuable papers, shall have to compensate 100% of the value of the deficit assets and be sacked; in case of serious violations, they must bear penal liability.

3. Officials and employees performing the vault work prescribed in this Regime shall be entitled to enjoy responsibility allowance, hazard allowance, heavy work allowance; hazard supports in kind; be equipped with personal protection devices… according to the regulations of the State and branches.

Article 65.- The State Bank branches and credit institutions shall organize annual reviews of the vault safety work. The reports of credit institutions shall be addressed to the State Bank branches in the localities and the superior credit institutions (if any). The State Bank branches and credit institutions shall make sum-up reports and send them to the State Bank.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 66.-

1. The director of the Issuance and Treasury Operations Department shall have to guide and inspect the implementation of this Regime.

2. The director of the General Control Department shall have to guide the control of the organization of implementation thereof within the State Bank system. The chairmen of the Managing Boards, the general directors (directors) of the credit institutions shall organize the control of the organization of implementation within the system.

3. The State Bank chief inspector shall have to deploy the work of inspection of the organization of implementation by the credit institution.

Article 67.- The delivery and reception of cash between State Bank branches or between credit institutions and the State Treasury and vice versa shall comply with the provisions on delivery and reception of cash between State Bank branches and credit institutions prescribed in this Regime.

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