Chương II: Quy định cụ thể

CIRCULAR

GUIDELINES FOR REGISTRATION AND USE OF ACCOUNTS AT THE VIETNAM STATE TREASURY

Pursuant to the Government's Decree No. 163/2016/ND-CP dated December 21, 2016 on guidelines for the Law on State Budget;

Pursuant to the Government's Decree No. 174/2016/ND-CP dated December 30, 2016 on guidelines for the Accounting Law applicable to state accounting;

Pursuant to the Government's Decree No. 24/2016/ND-CP dated April 5, 2016 defining the regime of state fund management;

Pursuant to the Government's Decree No. 87/2017/ND-CP dated July 26, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on Fees and Charges;

Pursuant to the Government's Decree No. 11/2020/ND-CP dated January 20, 2020 on administrative procedures in the field of State Treasury;

At the request of the General Director of the State Treasury;

The Minister of Finance issues a Circular on guidelines for the registration and use of accounts at the Vietnam State Treasury (VST):

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for account registration; change of specimen seal and signatures, modification of legal documents; freezing and closing accounts; collation and confirmation of account balances; deposit interests and service fees applicable to units which open accounts at VST.

Article 2. Regulated entities

Entities that register and use accounts at VST (hereinafter referred to as registrants), including:

1. Units using state budget and units funded by state budget;

2. Budget units (tasked to oversee the allocation estimate of level 0; expenditures and revenues transferred between levels of state budget);

3. Investors having capital projects funded by levels of state budget (central, province, district and commune budgets);

4. Project management boards tasked to manage capital projects; project management boards having legal status and authorized to register and use accounts at VST stated in their establishment decisions or certain documents of competent authorities;

5. State financial funds;

6. Units authorized by competent authorities to collect charges, administrative penalties or confiscation as prescribed;

7. Collecting authorities;

8. Units tasked to inspect, examine, and audit the management and use of the state budget;

9. Other units that register and use accounts at VST as prescribed by competent authorities.

Article 3. Principles of account registration and use

1. An applicant may register and use an account at VST in the administrative division where it is headquartered.

2. In a case where the applicant wishes to register and use an account at VST in a place other than the administrative division where it is headquartered, it must gain such a written approval of the superior VST. In specific: If the applicant is headquartered in a district other than the district where the VST it wishes to make transactions with is based, it must seek advisory opinion of provincial VST; if the applicant is headquartered in a province other than the province where the VST it wishes to make transactions with is based, it must seek advisory opinion of central VST. In a case where it has made transactions with another VST, it must obtain a document certifying that the mentioned account has been closed except for a checking account of state budget.

3. Regarding accounts related to disbursement of investment capital, deposit accounts of project management boards, subject to regulations on decentralization of control of disbursement of investment capital of provincial VST (projects under control of VST of provinces or districts), VST shall guide investors and project management boards to register and use accounts at local VST properly to guarantee that transactions are made in an efficient manner.

4. Prime contractors, subcontractors may register and use deposit accounts at VST units to receive payments of units and project management boards at the request of competent authorities.

5. When an applicant registers an account at VST, it is required to fill out an application for registration of account and specimen seal and signatures; all information required in the form must be completely filled; the account holder shall bear its seal and signature in the application and then send it to the VST where the account is registered. All information in the application for registration of account and specimen seal and signatures which are registered with the VST shall be valid from the date on which they are accepted until the said registrant re-register the specimen seal or specimen signature, close the corresponding account, or stop transactions at the VST.

6. All signatures (first signature, second signature) must be borne in every document copy. The signature in accounting vouchers of a person must be consistent with and resemble the signature which was priorly registered with the VST. The seal of the registrant in documents must be consistent with the valid seal which was priorly registered with the VST.

Before using digital signatures to conduct electronic transactions with the VST, the registrant must notify the digital signatures of the relevant individuals of the transaction units participating in electronic transactions with the VST. Digital signatures of individuals participating in electronic transactions with the VST must be associated with their corresponding titles and for each specific type of transaction.

A digital signature, which is notified to sign the title of the account holder or an authorized person (the first signature), or the chief accountant, accountant or authorized person (the second signature) on the fund transfer documents via the public service page of the VST, must be the corresponding digital signature of the person who has been approved to sign by the VST, whether the first or second signature, in the application for opening and using accounts of the applicant.

The number of digital signatures for the first and second signatures must not exceed the number of people signing the corresponding signatures specified in Article 8 of this Circular.

7. When freezing or closing an account, the relevant registrant and the VST must collate figures and confirm balances till the date of collation. The account balance shall be handled and transferred to other places in compliance with a specific request, if permitted by law, of that registrant or a request of competent authority.

8. Account registrants at the VST (including commune-level People's Committees) are responsible for comparing and sending confirmation of account balances to the VST monthly, quarterly and annually depending on each account type or upon irregular request according to the prescribed form.

9. Principles for determining entities eligible or ineligible for deposit interest payment, obliged or not obliged to pay service fees shall comply with Clauses 2 and 3, Article 11 of the Decree No. 24/2016/ND-CP dated April 5, 2016 of the Government stipulating the regime of state fund management.

10. The service fees shall be collected according to the following principles:

a) The VST will not refund the collected service fee in a case where the registrant requests to cancel such a service or the service cannot be performed because of errors or incidents not due to errors of the VST.

b) The VST does not collect service fees for direct payments between the registrants and the VST (deducting accounts to pay service fees, paying for the purchase of treasury printed papers, etc.), between the registrants and other units that register and use accounts at the same VST.

c) The VST may not arbitrarily deduct amounts in the registrant’s balance collect service fees.

Article 4. Accounts, classification of accounts of registrants opened at the VST

1. Accounts of registrants opened at the VST are account book complexes comprising accounting account codes combined with other code sections prescribed in the state budget accounting regime and professional operations of State Treasury issued under the Circular No. 77/2017/TT-BTC dated July 28, 2017 of the Ministry of Finance; in particular, the code of unit associated with the budget is the mandatory code used to distinguish the accounts of different registrants.

2. Depending on the management requirements and the funding used, accounts of registrants opened at the VST are classified as follows:

a) Estimate account

Estimate accounts are opened in favor of units that are funded by the state budget and budget organizations in the form of estimates, including: current expenditure estimate, capital expenditure estimate, other investment expenditure estimate, expenditures on authorization estimate, transfer expenditure estimate, payment order estimate, etc.

b) Deposit account

Deposit accounts are opened in favor of budget-using units, public sector entities, organizations, including accounting account codes of Group 37 – Deposit payable of units, specifically as follows:

- Deposit accounts of public sector entities: Estimate deposits, deposits of proceeds from fee collection, deposits from proceeds from other collection, other deposits.

- Deposit account of commune: Deposits of investment capital under authority of commune, deposits of off-budget financial funds of commune, other deposits.

- Deposit accounts of project management boards.

- Dedicated deposit accounts.

- Deposit accounts of organizations.

- Deposit accounts of funds.

- Special deposit accounts of units.

- Deposits of other units.

c) Deposit-like accounts

Deposit-like accounts opened in favor of registrants include the following accounting account codes:

- Deposit accounts of "Group 35 - Payable to budget revenues" are opened in favor of collecting authorities (Finance, Tax, Customs, State Audit, Financial Inspectorate, Government Inspectorate, other competent authorities) to reflect charges collected before transfer to state budget, taxes on temporary import for re-export, amounts payable upon requests, pending collected amounts, and amounts brought forward to next year's budget and other temporary revenues.

- Escrow accounts are opened in favor of collecting authorities to reflect custody properties pending resolution as per the law and be opened in compliance with regulations of finance agencies, customs offices and other agencies.

- Other accounts payable opened to reflect liabilities other than those accounts mentioned above.

d) Revenue and expenditure accounts of bodies in charge of collection management

Revenue and expenditure accounts of the collection management authority opened in favor of collecting authorities to oversee revenue and expenditures.

Article 5. Tasks and powers of account holders

1. Tasks

Account holder who is the legal representative responsible for managing the use of the amount on the account of the registrant opened at the VST (estimate account, deposit account and deposit-like account) has the following tasks:

a) Prepare and send the application for registration and use of account to the VST; take responsibility for the legality of the documents related to the applicant's application for registration and use of account;

b) Comply with the regime of registration and use of accounts at the VST;

c) Use the code of unit associated with the budget through budget transactions, including estimating, synthesizing and distributing estimates, enacting and making budget statements;

d) Strictly abide by the state's financial and monetary management regime; comply with the inspection and control of finance authority and the VST;

dd) Promptly notify the VST where the account is opened when it detects errors on its account or suspects that its account has been misused;

e) Refund or coordinate with the VST to refund the amounts due to errors, mistakes that have been credited to its account;

g) Provide complete, clear and accurate information relating to the opening and use of checking accounts. Promptly notify and send relevant documents to the VST where the account is opened when there is a change in information in the application for opening checking account;

h) Take responsibility for damage caused by their mistake or being taken advantage of or fraudulent when using their account due to their fault;

i) Refrain from lease or lend the account;

k) Register the mobile phone number of the account holder (or authorized person), the chief accountant of the registrant with the VST where the registrant opens its account to monitor and promptly control account balance change of registrants with the VST.

2. Powers

a) The account holder has the right to request the VST where the account is registered and used to perform the legal and lawful economic transactions; to authorize another person to be the account holder, or to sign documents of transactions with the VST in accordance with the law and authorization procedure;

b) Request the VST where the account is opened to close the account when necessary.

c) Request the VST where the account is opened to compare the account balance.

d) Send the application for registration and use of the account either through the public service page of the VST or to the VST in person at their discretion.

dd) Authorize the VST to automatically deduct amounts of expenditure from checking account according to the prescribed regime.

e) Request the VST to copy relevant accounting documents according to the provisions of accounting law.

Article 6. Tasks and powers of the VST

1. Tasks

a) Guide the registrants to strictly comply with the regimes of registration and use of accounts at the VST.

b) Receive and process applications for registration and use of accounts submitted by the entities specified in Article 2 of this Circular.

c) Properly record proper accounting accounts according to each entry arising on the accounting voucher of the transaction unit. Promptly record the credit the unit's account for the payment orders or cash deposit; promptly repaying amounts due to errors or mistakes, which have been debited to account.

d) Keep specimen seal and signature of the account holder, chief accountant or accountant (in case where the unit is subject to registration of chief accountant' signature) and authorized persons to check and compare in the course of using checking accounts of the unit.

dd) Update information when there is notice of changes in the account holder's application for opening checking account. The application for opening account and relevant transaction documents shall be kept as per the law.

e) Ensure confidentiality of information relating to accounts of registrants in accordance with laws.

g) To be responsible for damage caused by errors or being misused or deceived on accounts of registrants due to the fault of the VST.

h) Strictly abide by the current financial management regimes and principles applicable to account registrants at VST; abide by decisions of competent authorities.

i) Inspect and control the compliance with the financial and monetary regimes, the regime of registration and use of accounts at the VST.

k) Coordinate with the finance authority in checking codes of units associated with the budget.

l) Issue Certificate of codes of units making transactions with the VST to units according to the provisions of the Decision No. 990/QD-KBNN dated November 24, 2008 of the General Director of the VST.

m) Notify account numbers to registrants according to the provisions of Clause 4, Article 9 of this Circular.

n) Provide sufficient changes in the account balance of the registrant in a timely manner according to the registered phone number specified in Clause 1, Article 5 of this Circular.

o) Deduct amounts of expenditures from the checking accounts according to the regime prescribed by account holder's authorization.

p) Make copies of relevant accounting documents at the request of the registrants in accordance with accounting laws.

q) Coordinate and facilitate the audit of accounts of ODA programs and projects at the request of donors related to accounts from foreign loans and foreign aids opened by project owners at the VST.

r) Make a schedule of statistics of units associated with the budget that ceased their operation on annual basis (Form No. 08-MSNS-BTC issued with Circular No. 185/2015/TT-BTC of November 17, 2015); and send to the finance authority of the same level to complete procedures to close the code of unit associated with the budget (for the code of unit associated with the budget issued by the finance authority).

2. Powers

a) Refuse the applications for registration of accounts of entities not being allowed to open accounts at the VST and units that fail to comply with the regime of registration and use of accounts at the VST prescribed in this Circular.

b) Pay interests and collect charges from entities eligible for interests and obliged to pay deposit charges according to the provisions of Articles 14 and 15 of this Circular.

c) Refuse to pay the registrant in the following cases:

- Violating the financial management regime, the regime of opening and using accounts at the VST;

- Failing to follow the required payment procedures; failing to strictly comply with regulations on commitment on payment, payment and payment via the VST.

d) Collate data on periodical or ad-hoc basis between the VST and the registrants using accounts at the VST.

dd) Freeze or automatically deduct the account holder's account under a decision of a competent authority.

e) Provide economic information on the account holder's operations at the written request of competent authority according to law provisions.

Article 7. Tasks and powers of finance authorities

1. Tasks

a) Issue e-Certificate of code of unit associated with budget (Form No. 05A-MSNS-BTC, 05B-MSNS-BTC) to the units as prescribed in Circular No. 185/2015/TT- BTC dated November 17, 2015 of the Ministry of Finance on guidelines for the registration, issuance and use of codes of units associated with the budget.

b) Close the issued codes but no longer valid for use according to the "Schedule of statistics of units associated with the budget ceasing operation in ...[year]" (Form No. 08-MSNS-BTC issued together with the Circular No. 185/2015/TT-BTC) prepared and sent by the VST units.

c) Reopen the closed codes of units associated with the budget according to the request of the VST units.

d) Collaborate with the VST agencies in granting and closing the code of units associated with the budget, and relevant organizations.

2. Powers

Revoke Certificates of codes of units associated with the budget which are issued in duplicate or in excess or issued to ineligible entities.

Chapter II

DETAILED PROVISIONS

Section 1. REGISTER TO USE ACCOUNT

Article 8. Account registration application

1. Registration of accounts and specimen seal and signatures

a) Initial registration of accounts and specimen seal and signatures

Applicants shall prepare an application for registration of account and specimen seal and signatures (form No. 01/MTK issued together with the Government's Decree No. 11/2020/ND-CP of January 20, 2020 on administrative procedures in the field of State Treasury).

 (1) As for signatures

- For applicants using the State budget and budget organizations:

+ The first signatures: The signatures of the account holder and the person(s) authorized to sign on behalf of the account holder in accordance with law. Each applicant may only register up to 4 people to sign the first signatures (account holder and 3 persons authorized to sign on behalf of the account holder). The head of the applicant is not allowed to authorize a person who registers the second signature to act as the account holder.

+ The second signatures: the signatures of the chief accountant or the accountant of the applicant and the person authorized to sign on behalf of the chief accountant or the accountant in charge. Each applicant may only register up to 3 people to sign the second signatures (chief accountant and 2 authorized persons).

Applicants in the armed forces having no chief accountant are not required to register the second signature. In a transaction document with the VST, clearly indicate “None” in the place which is supposed to be the signature of the chief accountant.

- As for finance authorities:

+ The first signatures: The signatures of the head of applicant (or the person(s) authorized to act as the account holder) and person authorized to sign on behalf of the account holder, as follows:

● Central budget: Leader of State Budget Department on domestic revenues and expenditures; leaders of Department of Debt Management and External Finance affiliated to Ministry of Finance with regard to foreign revenues and expenditures and accumulation fund for debt repayment.

● Provincial budget: Leader of Department of Finance;

● District budget: Leader of Division of Finance;

● Commune budget: President, Deputy President of People's Committee of commune.

+ The second signatures: the signatures of the assigned officers, specifically as follows:

● Central budget: Leader of State Budget Management Division on domestic revenues and expenditures; leaders of specialized divisions affiliated to Department of Debt Management and External Finance with regard to foreign revenues and expenditures and accumulation fund for debt repayment.

● Provincial budget: Leaders of the specialized division (Department of Finance) who are assigned to manage the expenditure accounts with payment order, revenue and expenditure accounts, transfer estimate accounts; deposit accounts;

● District budget: Officers (Division of Finance) who are assigned to manage the expenditure accounts with payment order, revenue and expenditure accounts, transfer estimate accounts;

● Commune budget: Accountants in charge.

- As for collecting authorities:

+ The first signatures: The signature of the head of the applicant. Each applicant may only register up to 4 people to sign the first signatures (account holder and 3 persons authorized to sign on behalf of the account holder). In case the collecting authority needs to register more than the number of people signing the first signatures, it must obtain such a written approval of the VST.

+ Do not register the second signature.

- Authorities in charge of inspection of management and use of state budget:

+ The first signatures: The signature of the head of applicant (or person authorized to act as the account holder).

+ The second signatures: the signatures of the chief accountant or the accountant in charge of the unit and the person authorized to sign on behalf of the chief accountant or the accountant in charge.

In a case where an applicant does not have an independent accounting apparatus, the second signature may be the signature of the officer assigned to keep track of temporarily collected/withheld accounts; after that, the applicant shall send a document assigning the officer to keep track of temporarily collected/withheld accounts to sign in the place which is supposed to be the “chief accountant” in accounting documents transacted with the VST.

- As for other businesses and organizations:

+ The first signatures: the signatures of the head of the applicant (or the person authorized to act as the account holder) or the legal representative stated in the business registration certificate (for sole proprietorship) and authorized persons to sign on behalf of account holder.

Particularly for single-member state-owned limited liability companies: depending on the specific provisions of the Company's Charter, the account holder may be the President of the Members' Council, the Director or General Director (the President of Members' Council may hold concurrently or hire another person to be the Director or General Director. The registration of signatures shall comply with the regulations applicable to the above enterprises and organizations.

+ The second signatures: the signatures of the chief accountant or the accountant in charge and the person authorized to sign on behalf of the chief accountant.

- The application for registration of account and specimen seal and signatures must clearly state the full name, title and position of the signatory.

 (2) As for specimen seal

- The specimen seal registered for transaction with the VST is the one registered at the police office, which is stamped into two (02) clear marks.

- As for applicants of the security and national defense: the specimen seal must be registered with the security agency in the field (national defense and security).

- As for the project management board which has an incomplete legal status (without own seal): It is allowed to use the investor's seal specified in the decision on the establishment of the project management board and it must register the seal of the investor with the VST agency where it registers the account.

b) Registration of additional accounts

- In case of additional account registration and no change in legal documents, specimen seal and signatures compared to the previous registration of account, the applicant shall make an application for registration of account and specimen seal and signature (form No. 01/MTK issued together with the Government's Decree No. 11/2020/ND-CP of January 20, 2020 on administrative procedures in the field of State Treasury) and then send it to the VST where the transaction is made.

- In case of additional account registration and changes in signatory(ies) compared to the previous registration of account, the applicant shall make an application for registration of account and specimen seal and signature (form No. 01/MTK issued together with Decree No. 11/2020/ND-CP) and then send it to the VST where the transaction is made, along with the documents of appointment of the new signatories.

c) Change of specimen seal and signatures

In case of changing the specimen seal and signatures of signatories of the first signatures, signatories of the second signatures, or changing the signatory on behalf of the account holder, the signatory on behalf of the chief accountant/accountant compared to the previous registration: the applicant shall make an application for change of specimen seal and signatures (form No. 02/MTK issued together with the Government's Decree No. 11/2020/ND-CP) and send it to the VST where the transaction is made.

d) Change of legal documents

In case of change of account holder, or chief accountant/accountant, in case of a written re-appointment of the position of the registered account holder, chief accountant or a written re-assignment of the accountant: the applicant shall make an application for change of specimen seal and signatures (form No. 02/MTK issued together with the Government's Decree No. 11/2020/ND-CP) and send it together with the written re-appointment or written re-assignment to the VST where the transaction is made.

2. Establishment decisions

a) Applicants shall send their establishment decisions when registering the account at the VST for the first time, except for the entities specified in Point b Clause 2 of this Article.

In which: Project management boards may choose to send their establishment decisions, project approval decisions, or the project assignment decisions if the project management board is assigned a capital project or the target program project of investment nature. State-capitalized enterprises may send their establishment decisions, sole proprietorships may send their business registration certificates (state-capitalized enterprises include enterprises having state capital and single-member state-owned limited liability companies).

b) The following applicants are not required to submit their establishment decisions:

- Agencies of the Communist Party of Vietnam.

- Central state agencies, including: Office of the President, Office of the National Assembly, Office of the Government, Ministries, ministerial-level agencies, Governmental agencies.

- Agencies of unions and organizations, including: Vietnam Fatherland Front Committee, Ho Chi Minh Communist Youth Union, Vietnam Women's Union, Vietnam Farmers’ Union, Vietnam Labor Confederation, Vietnam Veterans Association.

- Offices of People's Committees of provinces, districts and People's Committees of communes.

- Units of the armed forces (National Defense and Security).

3. Appointment documents of account holder, chief accountant

a) For cases where there is a written appointment of account holder, chief accountant:

- The applicant shall send the written appointment of account holder, chief accountant or the written assignment of accountant to the VST where the account is registered.

- With regard to a project management board, if the establishment decision, project approval decision, or project assignment decision indicates the assigned chief accountant or accountant, it is not required to send such a written appointment to the VST.

- As for joint-stock companies: If the Director or General Director acts as the account holder, the applicant shall send to the VST where the transaction is made the appointment of Director or General Director made by the President of the Board of Directors or Board of members.

b) For cases where there is no written appointment of account holder, chief accountant:

In case the applicants do not have any appointment of account holder, chief accountant, as the case may be, they are required to send 01 copy to the VST where the transaction is made:

- As for account holders:

+ Where the head of an applicant does not act as account holder but authorize his/her deputy to do so, a relevant written authorization, made in compliance with law, and a written appointment of deputy head shall be sent to the VST where the transaction is made.

+ If an applicant, due to its particulars in terms of organizational structure, functions, tasks, powers and organizational structure and so permitted by law to base its representative offices in other areas (it has private seal and make budget statements as an independent unit), written assignments of deputy head in charge of each area shall be sent to the VST where the transaction is made.

If the applicant is a union whose head is elected through a resolution, such a resolution or a decision on recognition of titles with the name of the head of union is required.

+ If the President of Board of Directors of a joint-stock company acts as account holder, such a resolution of Board of Directors on election of the President is required.

- As for chief accountant:

+ If the account requires a payment order, a written assignment to officer in charge of such an account requiring payment order or transfer expenditure account to sign accounting documents as a “chief accountant” with the VST is required, if the unit is a debt repayment fund without a written appointment of chief accountant, a written assignment of accountant is required.

+ If an applicant is not required to employ a chief accountant (or accountant) and the accounting work is assigned to another officer to hold concurrently, such a written assignment is required.

+ If the applicant employs a chief accountant, such a contract or assignment of chief accountant made by the competent body is required.

+ If a sole proprietorship has no written appointment of chief accountant, a written assignment of chief accountant (accountant) is required.

c) If a registrant re-appoint the registered account holder or chief accountant, or re-assign the registered accountant, such a written re-appointment or re-assignment and the application for change of specimen seal and signatures shall be sent to the VST where the transaction is made. If a registrant is re-issued with a seal by the police authority and it has some changes compared to the seal previously registered with the VST, the re-registration of specimen seal must be done with the VST where the transaction is made using the application for change of specimen seal and signatures.

The head of registrant shall take legal liability in a case where the written appointment of registered account holder or chief accountant or the registrant’s seal expires but the unit fails to make such a written re-appointment of account holder or chief accountant, or written re-assignment of accountant, or fails to re-register the specimen seal of the unit. The VST assumes no responsibility for checking the validity period of appointment or the specimen seal of the registrant.

d) Offices of the People's Committees of provinces and districts, the People’s Committees of communes, units of the armed forces (national defense and security) are not required to send written appointment/assignment of account holder. Units of the armed forces (national defense and security) are not required to send written appointment/assignment of chief accountant.

4. Certificates of unit associated with the budget

Depending on specific circumstances, applicants shall send:

- E-certificate of code of unit associated with the budget (form No. 05A-MSNS-BTC (N = 1, 2, 3) or form No. 05B-MSNS-BTC (N = 7, 8) issued together with Circular No. 185/2015/TT-BTC dated November 17, 2015 of the Ministry of Finance on guidelines for the registration, issuance and use of the code of unit associated with the budget) issued by the finance authority to units associated with the budget, budget estimate units, capital projects, and other units related to the budget.

In case the applicant registers a code of unit associated with the budget through the public service named “Register code of the unit associated with the budget”, it shall send to the VST a corresponding certificate printed/downloaded from such public service.

- Or certificate of issuance of code of unit associated with the budget under regulations made by General Director of VST.

5. Where an investor signs a contract to entrust a field-based PMB, area-based PMB to act as an account holder of the project and use the sources of funds as prescribed (including disbursement of estimated fund and dealings with payment control authorities), the investor shall apply for change of the specimen seal and signature corresponding to such entrustment, in particular: Send the VST where the transaction is made an application for change of specimen seal and signature enclosed with the entrustment contract (master copies, original copies and certified true copies), establishment decision, appointment of account holder, chief accountant made by the management board. After being accepted by the VST to change the specimen seal and signature to authorized accounts, the management board shall, on behalf of the investor, be responsible to the VST for transactions with the VST, fulfill the investor's obligations to the VST as prescribed.

6. Regarding an establishment decision of unit, project management board, or enterprise, project approval decision, task assignment decision of investor, written appointment of account holder, chief accountant (accountant), written assignment of accountant, written assignment of officer in charge of accounts requiring payment orders or transfer expenditure estimate accounts and permitted to sign as “chief accountant” in accounting documents with the VST, a business registration certificate in the aforesaid application for registration of account, the unit may choose to send master copies, original copies or certified true copies (in case of certified true copies, the VST does not require the unit to present the corresponding master copies or original copies for comparison).

7. If the applicant applies for registration or change of specimen seal and signature or change of legal documents related to multiple accounts of the same account holder (authorized person thereof), chief accountant (authorized person thereof),

- 02 copies of application for registration of account, specimen seal and signature and enclosed required documents to register these accounts.

- 02 copies of application for change of specimen seal and signature to change the specimen seal and signature.

- 02 copies of application for change of specimen seal and signature and enclosed documents (decision on appointment or re-appointment of account holder and/or chief accountant) to change the legal documents of account holder and/or chief accountant.

8. In a case where a registrant which has previously registered account at VST registers another account, changes the signatory of the first signature or the signatory of the second signature, or change the specimen seal and signature (without change of signatory) or legal documents compared with the previous registration, it is not required to present documents related to administrative procedure still being valid which were formerly sent to the VST, except for the case that such administrative procedure has some changes or amendments. Then, the registrant shall clearly indicate in the receipt note of application for registration of account (No. 03/MTK - enclosed Appendix I) the date on which administrative procedures still being valid was formerly sent to the VST.

Article 9. Receiving, processing and managing applications for registration of accounts of the VST

1. Methods of sending applications for registration of account to VST

a) Applicants shall prepare and send applications for registration of account, registration of change of specimen seal and signature, registration of additional account, change of legal documents on registration of accounts at VST to the public service named “Registration and use of accounts at VST”; applicants which have not applied electronic mode shall send them to the relevant VST in person.

Particularly for the Ministry of Public Security, the Ministry of National Defense and the units affiliated to the Ministry of Public Security, the Ministry of National Defense does not use public service named "Registration and use of accounts at the VST".

b) The VST provides registrants with accounts and passwords to access the VST's public service page. While using public services, in case where a unit needs to change the information, change the login password or stop to use public services, the registrant shall log in to the account that has been issued by the VST on the VST's public service page, enter the relevant information and bear the digital signature of the account holder (or authorized person thereof), and then send it to the VST.

c) If the VST has applied public service named "Registration and use of accounts at the VST", the applicants shall promptly notify the VST where the transaction is made so as to register the account through public service and no longer make transactions with the VST in person.

2. Receiving and processing applications for registration of accounts at VST

The VST transaction officer receives applications specified in Article 8 sent by the applicants according to the internal process of the VST.

a) Regarding complete and valid application: The transaction officer shall make 02 copies of acknowledgement letter of the application (No. 03/MTK) and give 01 copy to the applicant; and then forward 01 copy and the application to the chief accountant or the authorized person thereof to seek approval from the head of the VST, and then bear the seal engraved with the words “KẾ TOÁN” (ACCOUNTANT), and next keep 01 copy of acknowledgement letter and 01 application form and enclosed legal documents (if any) for further supervision, and afterwards record the registration in the register book and keep track of the registration (No. 04/MTK – attached Appendix I), and after that preserve or destroy it as prescribed.

b) Regarding incomplete and/or invalid application: The transaction officer shall make an application completion instruction (No. 05/MTK – attached Appendix I) to instruct the applicant to complete the application.

c) Notes for projects:

If the investor and project management board has/is tasked to manage multiple projects and the project is funded from different levels of budget:

- If these projects have the same signatories of the first signatures (signatures of the account holder and authorized person(s)) and signatories of the second signatures (signatures of the chief accountant and authorized person(s)) and the same specimen seal: The project management board or investor may only send a set of application to the VST.

- If these projects have different signatories of the first signatures (signatures of the account holder and authorized person(s)) and different signatories of the second signatures (signatures of the chief accountant and authorized person(s)) or different specimen seal: The project management board or investor shall send applications corresponding to every project to the VST.

3. Receiving, processing applications for registration of accounts on public service page of the VST

Refer to the public service named “Registration of use and change of accounts at VST” in the Appendix III issued together with this Circular if the Ministry of Finance has launched this public service.

4. Notifying the registrant of account number

a) After completely processing the application, the VST will state the account number of the registrant in the application for registration of account and specimen seal and signature or the application for change of specimen seal and signature in a case where the application is submitted at VST in person, state the account number in the notice of registration of account at VST in a case where the application is submitted through public service page; this helps the registrant to write correct account number in contracts, accounting documents, etc. when dealing with VST.

b) The registrant shall state sufficient information about the account in documents and contracts with suppliers of goods and services with the following format:

- Estimate account: “Code of accounting account.Code of budget level.Code of unit associated with the budget”.

Only notify estimate accounts (account code beginning with 9XXX), do not notify accounts intended for actual spending or payment in advance.

- Deposit account, deposit-like account: “Code of accounting account.Code of budget level.Code of unit associated with the budget.Code of target program, project and detailed accounting”; write 0 if there is no code of budget level, write 00000 if there is no code of target program, project and detailed accounting. Particularly for account 3741 - Dedicated deposit and 3761 – Deposit of funds, if details about budget of each fund, budget payable or receivable have been not supervised, write other code for code of target program, project and detailed accounting indicated in the schedule prescribed in Circular No. 77/2017/TT-BTC and guiding documents.

Section 2. PRINCIPLES OF USE OF ACCOUNTS

Article 10. Principles of use of accounts

1. Estimate accounts:

a) Budget estimate units, investors, project management boards funded through budget estimates (related to current expenditures, capital expenditures, authorization expenditures, and aids) shall use estimate accounts in accordance with applicable regulations on expenditure control and budget payment regime through VST.

b) According to the estimate account opened at VST and approval for budget estimate made by the State Budget, the budget-using unit or investor shall make an equivalent document (request for disbursement of estimated fund, request for disbursement of investment capital) to enter into relevant payment transactions.

c) If a ministry or agency, funded by the central budget and tasked to make an estimate related to expenditures on business trips, information purchase, or membership dues, etc. wishes to make payments in foreign currency from the concentrated foreign currency fund of the state, it shall register an estimate account at the Operation Center affiliated to VST.

d) VST shall directly pay salaries, benefits, allowances to beneficiaries and make payments to sellers of goods and services if required conditions are met. If required conditions are not met in order for the VST to pay directly to entities mentioned above, the budget-using unit may pay them in advance based on the approved budget estimate, and receive equivalent disbursement from the VST thereafter as prescribed by the Ministry of Finance.

dd) The estimate account shall not be used to receive payments made by other entities, other than those refunded by banks or other VST, estimate refund and refund of budget expenditures, capital investment payback given by the budget-using unit or investor when the budget statement has not been made.

2. Deposit accounts

a) The registrant may only use its account to conduct transactions within their scope of operation and in line with the type of account registered with the VST; they registrant may only use the account within its credit balance in accordance with regulations on non-cash payment, cash management and financial regime of the state.

b) The registrant may, based on the deposit account opened at the VST and its credit balance, prepare documents (payment orders, remittance bill to state budget, etc.) to conduct relevant transactions. c) Upon a request of a competent authority:

- The VST may automatically deduct amounts from deposit account of the registrant to pay it to the state budget.

- If the deduction is impossible because the balance of the said deposit account is not enough or reaches zero, the VST may record it in a separate logbook for keep track of the insufficient amount. When the deposit account balance is enough, the VST keeps deducting the required amount to pay it to the state budget as prescribed.

d) The registrant may not lease or lend its deposit account at VST.

dd) In a case where the registrant uses the deposit account in such an improper manner or violates payment procedures: The VST is entitled to decline such payment and return the proof of payment to the registrant.

e) If the registrant violates financial regime, the VST shall retain proof of payment and notify the competent authority for further actions.

3. Deposit-like accounts

a) Comply with Clause 2 of this Article.

b) The transfer from accounts payable to money, property held in custody pending further actions (account 3940) of relevant units must attach relevant decision of the competent authority. According to the mentioned decision and payment order of the registrant, the VST shall make payment as prescribed.

4. Revenue and expenditure accounts of collecting authorities

For the purpose of tax refund to taxpayers, the tax authority shall send the VST at the same administrative level a decision on tax refund and order to refund state budget revenue or decision on tax refund and deduction of state budget revenue and order to refund tax and deduct state budget revenue. In order to make adjustments of revenues and expenditures of state budget, finance authorities, tax authorities, or customs authorities shall send corresponding requests for adjustments.

Section 3. FREEZING AND CLOSING ACCOUNTS

Article 11. Details about freezing and closing accounts

1. Freezing accounts

a) An account shall be frozen in any of the following cases:

- When it is so requested in writing by a competent authority.

- Regarding programs and projects funded by ODA, external concessional loans: The account shall be frozen or unfrozen in accordance with regulations of the sponsor under relevant agreement.

- The account holder violates regulations on use of account as specified in point a, point dd, Clause 1 and point d, e Clause 2 Article 10 hereof.

b) The account shall be unfrozen under a relevant decision of the competent authority.

2. Closing account

a) An account shall be closed in any of the following cases:

- The registrant is acquired or dissolved.

- The registrant applies for change of the place where the account is registered and used.

- The project has its final statement approved, has debts receivable and payable settled according to the estimate approval and has the advance paid back as prescribed.

- The registrant makes such a request for closing account.

- The account has not been active for 24 consecutive months (except for the account of disbursement of investment capital).

b) Closing accounts

The applicant will send an application for closing account (stating the name of VST where the account is opened, applicant’s details: name, the account, details about establishment such as number, issuing authority, date of issue; superior body; full name of account holder, chief accountant, number and date of the appointment of account holder or chief accountant and signature of the account holder or authorized person thereof) together with a balance confirmation sheet to the VST in person or through the public service named “Closing account of registrant at VST” as prescribed in Appendix III issued together with this Circular in case the Ministry of Finance has launched this public service.

c) The VST shall notify the account holder (or its superior body if the mentioned registrant has been dissolved) of the balance of the account to be closed in writing; if the balance is still positive derived from the state budget and the account holder has raised no objection within 30 days since the notice is sent, such balance will be transferred to the state budget by the VST.

d) If the account proposed to be closed is still positive, the account holder must send relevant documents to VST to process it.

dd) The VST may only close an account when its balance reaches zero.

Section 4. COLLATION AND CONFIRMATION OF ACCOUNT BALANCE

Article 12. Methods of confirmation of account balances

The balance confirmation sheet will be sent to the VST either in person or through public service named "Collation and confirmation of balance account of registrant at VST".

Where the Ministry of Finance has launched the public service named "Collation and confirmation of balance account of registrant at VST", the balance confirmation sheet shall be sent to the VST through that public service as prescribed in Appendix III issued herewith.

Where the balance confirmation sheet is sent to the VST in person, the following actions will be taken:

1. Regarding deposit account, deposit-like account:

a) The figures of deposit account of the registrant shall be collated on periodic basis (monthly, annually, except for December), including opening balance, balance arising in the period, and closing balance.

b) No later than the 10^th day of every month (if account balance is collated monthly) or on February 10 of the following year (if account balance is collated annually), the balance confirmation sheet of deposit account (No. 06/DCSDTK/KBNN issued together with Decree No. 11/2020/ND-CP) will be sent to the VST for collating the balance of the previous month or year (more than 02 copies may be sent if necessary). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then keep 01 copy at VST and send other copies to the registrant.  

c) Upon an ad-hoc request of competent authority, the registrant may request the VST to confirm the account balance by sending the VST 02 copies (or more than 02 copies if necessary) of the balance confirmation sheet of deposit account (No. 06-DCSDTK/KBNN). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then keep 01 copy at VST and send other copies to the registrant. 

d) In case of collation of budget carried forward to the next year, the registrant will send a balance sheet of deposit account to be carried forward to the next year (related to central budget, provincial budget, or district budget) in …[year] carried forward to….[year] (No. 03-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP dated January 20, 2020, more than 02 copies may be sent if necessary). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then keep 01 copy at VST and send other copies to the registrant.  Subsequently, the said balance shall be carried forward.

2. Collation of figures of level-4 estimates, advances and advance statements

a) Collation of figures of level-4 estimates, actual spending, advances and advance statements: to be done on periodic basis (quarterly, annually, except for the fourth quarter).

b) No later than the 10^th day of the next quarter (if account balance is collated quarterly) or on February 10 of the next year (if account balance is collated annually), the collation sheet of budget estimates associated with disbursement of estimated fund at VST (No. 01a-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP) and the collation sheet of budget in use associated with disbursement of estimated fund at VST (No. 02a-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP) will be sent to the VST (more than 02 copies may be sent if necessary). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then 01 copy of the collation sheet of budget estimates associated with disbursement of estimated fund at VST will be kept at VST; and 01 copy of the collation sheet of budget in use associated with disbursement of estimated fund at VST will be kept at VST and other copies thereof will be sent to the registrant. 

c) Upon an ad-hoc request of competent authority, the registrant may send the VST 02 copies (or more if necessary) of the collation sheet of budget estimates associated with disbursement of estimated fund at VST (No. 01a-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP) and 02 copies of the collation sheet of budget in use associated with disbursement of estimated fund at VST (No. 02a-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then keep 01 copy at VST and send other copies to the registrant. 

d) In case of collation of budget carried forward to the next year, the registrant will send a collation sheet of budget in use to be carried forward to the next year (related to central budget, provincial budget, or district budget) in …[year] carried forward to….[year] (No. 04-SDKP/DVDT issued together with Decree No. 11/2020/ND-CP dated January 20, 2020, more than 02 copies may be sent if necessary). After collating and confirming figures (confirm if matched or write the figures recorded by VST if there is a difference between two sides), the VST shall sign to confirm and affix the seal engraved with words “KẾ TOÁN” (ACCOUNTANT), and then keep 01 copy at VST and send other copies to the registrant.  Subsequently, the VST will carry forward the figures mentioned if matched.

3. If there is any error or misstatement in figures, the VST shall notify the registrant for adjustments.

The balance confirmation sheet will be sent to VST for collation and confirmation as prescribed. In addition, upon an ad-hoc request of competent authority, the VST must collate and confirm the account balance no later than 01 working day after receiving such a request for collation.

Section 5. DEPOSIT INTERESTS AND SERVICE FEES

Article 14. Deposit interests

1. Beneficiaries of deposit interests

Comply with provisions under sub-point a Clause 2 Article 11 of Government’s Decree No. 24/2016/ND-CP dated April 5, 2016 on state fund management.

2. Non-beneficiaries of deposit interests

Comply with provisions under sub-point b Clause 2 Article 11 of Government’s Decree No. 24/2016/ND-CP dated April 5, 2016 on state fund management.

3. Deposit interest rate and method of calculation

a) Deposit interest rate

The deposit account opened at the VST specified in Clause 1 hereof may earn an interest rate equal to the interest rate the State bank of Vietnam pays the VST at the moment when the interest is accrued.

b) Method of calculation

- Deposit interest will be calculated once by the VST on the last date of a month and transferred to the beneficiary within the first 5 days of the following month, not including days off and holidays.

- Actual balance is the sum of opening balances of all days in the month (actual days) available on the deposit account.

- Number of days with actual balance means the number of days during which the actual balance is kept unchanged each day (28, 29, 30 or 31 days).

- Interest rate is calculated on the basis of %/year (annual interest rate) which the State Bank of Vietnam pays VST. <0}

- Interest amount is calculated according to product-based interest calculation method with the formula below:

Article 15. Service fees

1. Payers of service fees

a) Payers of service fees include:

- Entities specified in sub-point a Clause 3 Article 11 of Government’s Decree No. 24/2016/ND-CP dated April 5, 2016 on state fund management.

- Any entity who, though not register deposit account at VST, wishes to deposit cash to a VST in order to pay another entity whose account is held by another VST, unless such entity pay an amount payable to state budget at other VST.

b) Entities exempt from service fees:

Entities specified in sub-point b Clause 3 Article 11 of Government’s Decree No. 24/2016/ND-CP dated April 5, 2016 on state fund management.

2. Amounts of service fees:

- Amounts of service fees payable by entities prescribed in Clause 1 through accounts of VSTs at the State Bank or VSTs in interbank are specified in Section III – Domestic service fees of the Schedule of service fees through the State Bank of Vietnam issued together with Circular No. 26/2013/TT-NHNN dated December 5, 2013 of Governor of the State Bank and Clause 2 Article 1 of Circular No. 33/2018/TT-NHNN dated December 21, 2018 of Governor of the State Bank on amendments to Circular No. 26/2013/TT-NHNN dated December 5, 2013 of Governor of the State Bank on promulgation of Schedule of service fees through the State Bank of Vietnam in line with every method of payment.

- Amounts of service fees payable by entities prescribed in Clause 1 through accounts of VSTs at commercial banks are specified in point b Clause 2 Article 1 of Circular No. 33/2018/TT-NHNN dated December 21, 2018 of Governor of the State Bank on amendments to Circular No. 26/2013/TT-NHNN dated December 5, 2013 of Governor of the State Bank on promulgation of Schedule of service fees through the State Bank of Vietnam,

- The VST agency shall give notice in writing to relevant registrants of any change in service fees when the State Bank make relevant change in service fees payable by VST.

3. Methods of collecting service fees

The VST agency shall collect service fees following any of the methods below:

a) Ad-hoc collection: The VST will calculate and collect service fee every time a service is performed (applied to entities not regularly transacting with VST or entities depositing cash to VST to transfer money to other units, unless they pay amounts payable to state budget at other VST).

b) Monthly collection: The periodic collection shall be done on arrangement basis (payment contract) between the VST agencies and registrants; at the end of the month, based on the contract, the VST shall make a statement of service fees and collect them following any of methods below:

- According to the payment contract between VST and registrant, the VST shall make relevant proof of payment and deduct the deposit account to collect the service fee; and send the proof of debit to the registrant.

- According to the agreement between the VST and registrant, the VST shall send the statement of service fees to registrant and then the registrant shall pay such service fees to the VST (VST shall not deduct the deposit account of the registrant).

4. Bookkeeping

Proceeds from service fees and deposit interests payable shall be recorded under guidelines in Circular No. 77/2017/TT-BTC dated July 28, 2017 of Ministry of Finance and guiding documents.

Chapter III

IMPLEMENTATION

Article 16. Entry in force

1. This Circular comes into force on May 15, 2020 and supersedes Circular No. 61/2014/TT-BTC dated May 12, 2014 of Ministry of Finance on guidelines for registration and use of accounts at VST in the application of Treasury And Budget Management Information System (TABMIS).

2. When any document referred to in this Circular is amended or superseded, the new document shall prevail.

3. General Director of VST, participating organizations of TABMIS, other units having transactions with VST within their scope of authority shall initiate, guide and oversee the implementation of this Circular./.

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