Circular 122/2012/tt-Btc: The Regulations On The Management Of The Property Of Rare And Valuable Papers Due The State Treasury Received Sent And Preservation

Original Language Title: Thông tư 122/2012/TT-BTC: Quy định việc quản lý tài sản quý hiếm và giấy tờ có giá do Kho bạc Nhà nước nhận gửi và bảo quản

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FINANCE MINISTRY
Numbers: 122 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 27, 2012

IT ' S SMART

Regulation of management for rare and paperless property types.

valuable by the State Treasury to receive and preserve

________________________

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government Regulation, mandate, authority, and organizational seal of the Ministry of Finance;

Base of Protocol 57 /2002/NĐ-CP June 3, 2002 of the Government rules the law enforcement and fees; Protocol No. 24 /2006/NĐ-CP 05/3/2006 amended, adding some of the provisions of the Digital Protocol 57 /2002/NĐ-CP;

Implementation of Resolution 68 /NQ-CP on 27 December 2010 of the Government on the simplification of administrative procedures of the Department of Finance's management function;

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

The Minister of Finance issued the management of the management of the management of the rare and valuable assets under the State Treasury (KBNN) to be sent and preserved as follows:

What? 1. The adjustment range

This information provides for the management of rare types of assets and valuable papers provided by KBNN and preserved.

What? 2. Subject, rare property origins and paper priced at the cost of KBNN and preserved.

1. Subject: KBNN receives and preserves the types of rare and valuable assets (later known as assets) as specified in this Information:

1.1. The rare property is: Gold, silver, precious metals, precious stones, antiquities, national conservation.

1.2. The available papers are: stocks, bonds, votes, votes, left-handed, deposit certificates, other value-added papers, valuing money and being allowed to trade.

2. Source:

2.1. State property assigned to KBNN management, including:

a) Property of the Ministry, the Central Sector and the functions of the local authorities for KBNN by the decision of the Prime Minister or of the Chairman of the Provincial People's Committee, the Central City of Central.

b) The property of the State Finance Reserve Fund due to the Central and Province, the Central City of Management.

c) The property confiscation of the State Fund or has established the ownership of the State.

d) Other types of State assets assigned to KBNN manage.

2.2. The property provided by the authorities is awaiting the decision of the jurisdiction of the competent authorities.

2.3. The property is in the legal possession of the unit agency, the organization, the individual sent KBNN for preservation.

3. KBN does not receive the following assets:

3.1. Property is not subject to regulation at 1 Article.

3.2. The property that the law forbids for sale, possession.

What? 3. Form of sentry and preservation

1. Before the KBNN received and preserved the bag, the sealed package, the property must be given the basis by the specialized body, the weight, quality, and the attriation of the KBNN cadres and property owners, except for the specified case at Clause 2 This.

2. KBNN receives and preserved the property according to barrels, bags, sealed packages not over the quantity control, weight, quality in the case:

2.1. The property provided by the authorities is awaiting the decision's handling of the authority, which has set up a temporary border and seal the sealing package accordingly.

2.2. State assets assigned to KBNN management have been vetted by the Board, packaged, sealed under the decision of the competent authority.

What? 4. Records, State Treasury sequencing recipient and asset preservation.

1. Check out the papers before receiving, the specific profile is as follows:

1.1. For the State property assigned to KBNN management, including:

a) It is recommended by Form 01-It is accompanied by this message.

b) The decision of the granting of the jurisdiction to deliver the property to KBNN manages.

c) The border controls, weight, asset quality (if available).

d) Other document filing is related to the volatility of the asset during the management process (if any).

1.2. For assets held by the authorities authorities are awaiting the decision to be processed by the competent authorities:

a) It is recommended by Form 01-It is accompanied by this message.

b) The receipt of the property.

c) The border controls, weight, asset quality (if available).

1.3. The property owned by the legal property of the unit agency, the organization, the individual sent KBNN for preservation, storage:

a) The proposed work (for the agency, unit, organization) according to Form 01- The board is accompanied by this message or the offer to submit the property (for the individual) According to the number 2, according to this message.

b) The asset details table sent by Form 03-Board attached to this message.

c) The compiler of the property.

d) Prove the people of the person who come to send the property (for the individual).

The document filing is related to the deposit (if any).

2. KBNN receives the property:

2.1. Receiving a non-checking asset in accordance with Article 2 Article 3 This information, KBNN must take the following steps:

a) The sealing test, which ensures that the seal is not lost, tore, deformed the listing elements as: The name of the organ sent; the name, the scribe of the sealed packer (the senor); the date, month, year of sending. Match the elements on the seal with the record receipt, which determines each sealing package matching the case. KBNN does not receive the property of many of the cases in a sealed package.

b) Set up the Receivables by Form 04a-The Executive attached to this message.

c) KBNN guidance, which saw the deposing self-packaged, sealing the assets sent in accordance with the rules. In the sealing package must have the accompanying receipt. For assets due to the temporary authorities pending the decision's handling of the jurisdiction, after the sentry of the deposing, seal it; the Board Manager for that package in the bag, sealing the envelope, and signing the name on the seal. Each bag preserved only the custody of an affair with a record, paper-related paper. There's no property in a bag of security.

2.2. Receiving the property via the prescribed checksum at Clause 1 Article 3 This message, KBNN must take the following steps:

a) KBNN invites the authorities to perform the evaluation and evaluation of the property value at KBNN headquarters which has the testimony of the deposer of the property and KBNN cadres. The establishment of the censure by the authorities has the certificate authority of the deposer of the property and the KBNN cadre.

b) Close the package, seal: After the property has been checked, KBNN guides, witness the sentry packaging and sealing; the Board Manager for that package in the bag, sealing and signing on the seal. Each bag preserved only the custody of an affair with a record, paper-related paper. There's no property in a bag of security.

c) Set up the Receivation Editor on Form 04a-The Executive attached to this message.

d) Do the procedure to sign the property preservation contract by Form 05-Board accompanying this message (for the case of the asset preservation fee specified at 1 Article 7 of this Information).

3. The case of filing resolution, asset recognition procedure: Maximum of 2 hours of work since taking enough of the pool Prescribed by regulation (except for the execution of the case a, point 2.2, paragraph 2, This).

What? 5. Records, State Treasury sequencing the property of the property

1. Profiling of property delivery:

1.1. The profile of the property delivery base:

a) The decision to export assets under the Prime Minister's financial reserve fund or the Prime Minister authorized by the Prime Minister (for the Central Financial Reserve Fund) or of the Chairman of the Provincial Committee of the Provincial People, the Central City of Central (for example). with the Local Financial Reserve Fund.)

b) The decision to process (sell, transfer or form, other processing) assets have made a decision to confiscate the fund or establish the state ownership of the jurisdiction.

c) The decision to process (confiscation, purchase, acquisition, return) assets of the agency have jurisdiction over the pending temporary asset.

d) The decision of the grant has jurisdiction over the transfer of management, the preservation of other types of State assets assigned to KBNN.

1.2. Other papers:

a) To prove the people of the people who receive the property.

b) The proposed work (for the agency, unit, organization) by Form 06-Board is accompanied by this message.

c) The identification of the right of inheritance by the rule of law (for the individual who receives inheritance inheritance).

d) The authorization paper (in the case of authorization-unless the case was authorized at the Convention, according to Form 06-Board attached to this message).

2. KBNN delivery of assets:

2.1. When a KBNN property comes in control of the paperwork and the return procedure, the receipt of the asset's license (according to the N04b), according to the specified mode.

2.2. Before paying the KBNN property must request the party to check the status and seal of the preserved bag. If there is a sign of suspicion of sealing, the two sides together confirm and set the border. The deposit has the authority to invite the authorities before the self-opening of the preserved pocket to examine the property within the testimony of KBNN.

In case of a check to see the bag, the package of loss of seal or no intact, the two parties must invite the legal body representative to witness the custody and the exchange of the property.

2.3. For the contracting cases of the asset preservation contract, after returning the property, the transaction, the party receives. You have to do the right procedure. In the case of the application, a portion of the property deposited in a contract, KBNN must manually return all the assets of that contract to the deposing, then return the procedure to return the number of assets to be sent. The procedure as a procedure as a procedure for the first time.

3. The case of filing resolution, asset delivery procedure: The maximum is 2 hours of work since receiving enough prescribed records.

What? 6. Accountability of the parties in delivery, property preservation

1. KBNN responsibility:

a) Open the types of notebooks for logging, tracking each entry, exporting assets.

b) The procedure for the procedure, facilitalation, facilitemation of the deposit to send and receive the property.

c) Preparing enough vehicles: Packet, wire, pocket, conserved box, and the means of control of quantity, weight, quality.

d) Secure the absolute safety of the deposit of the bank's assets, not to cause confusion, loss, property damage. If the loss occurs, the KBNN is responsible for compensation.

) Keep a secret to the side of the asset (except the case must provide the information; believe or hand over the property to the competent authority under the rule of law).

e) In time for the mailed side to have the treatment in case the bag of preservation may be missing the seal, the need to seal the seal.

g) KBNN is not responsible for the number, weight, quality of the assets in the sealed package.

) KBNN is not responsible for legal ownership of the property legal rights of the agency, the unit, the individual sent KBNN for preservation.

2. The responsibility of the agency, the organization, the individual with the assets sent at KBNN:

a) Accusing the procedures, the submission process, and the return of the property according to the regulation.

b) is responsible for the legal rights of property rights to the number of assets sent by the KBNN.

c) Take responsibility for the whole number, weight, quality of its assets, if the asset package return is still sealed.

d) The case on the side sent to lose the file sent the property to inform KBNN in writing, in order to take precautions. Later, the party sent directly to the KBNN headquarters, which issued a notice of loss of the documents to the property, whether it was confirmed by the local government or local government and regulations to liquate the old contract and re-sign the new contract.

When changing the owner of the asset to the asset, the asset to the property must have a document that offers KBNN the contract liquing to KBNN to sign a new contract with the property owner.

e) There is a responsibility to pay the specified charges, the cost of valuing the property value and the cost of the asset preservation in accordance with the regulations.

What? 7. The warranty fee

1. Cost of the preservation fee:

KBNN makes a charge of the assets of the property with a specified origin at point 2.3 2 Article 2; does not perform a warranty charge on the property of the specified origin at point 2.1 and 2.2 paragraph 2 Article 2.

2. The level of charge of property preservation is calculated as follows:

a) For the rare property: 0.05% (five thousand) /asset value/month, but a minimum of less than 100,000 copper/bags (packages)/months; maximum not more than 10,000,000 m/month (package)/month.

In the absence of the value of the preserved asset, KBNN and the customer agreed, united the reasonable fee.

b) For papers priced at: 0.04% (four percent) of the denominated on the paper/1 month but minimum not less than 80.000d/bag (package)/march; maximum is no more than 500,000 copper/bag (package) /month.

c) In the event of a major volatility in terms of price of both the Minister of Finance stipulated that the fee is consistent with reality in each period.

3. The asset preservation fee, the deposit must be paid to KBNN by regulation at the Property Protection Contract.

In the case of the contract deadline, the deposit is subject to an overdue deposit fee of 150% of the deadline for the number of days of contract overdue.

What? 8. The organization performs

1. This message has the enforcement effect since September 15, 2012 and replaces the Digital Information Digital. 80 /1999/TT-BTC June 29, 1999, of the Ministry of Finance guiding the management of rare assets and certificates at the price issued by the State Treasury and the preservation and Digital Information. 27 /2000/TT-BTC 06/4/2000 of the Ministry of Finance guidelines 80 /1999/TT-BTC June 29, 1999.

2. Head of Finance, KBNN levels, relevant units and organizations, individuals belonging to the KBNN subject receive the preservation of this information.

KT. MINISTER.
Chief.

(signed)

Chief of the Army.