Quyết định 28/2008/QD-NHNN

DECISION

ON THE ISSUANCE OF THE REGULATION ON THE DEALING WITH COUNTERFEIT MONEY, MONEY SUSPECTED BEING COUNTERFEIT IN BANKING INDUSTRY

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam in 1997 and the Law on the amendment, supplement of several Articles of the Law on the State Bank of Vietnam in 2003;
- Pursuant to the Decree No. 96/2008/ND-CP dated 26 August 2008 of the Government, providing for the functions, duties, authorities and organizational structure of the State Bank of Vietnam;
- Pursuant to the Decision No. 130/2003/QD-TTg dated 30 June 2003 of Prime Minister on the projection of Vietnamese currency;
- Upon the proposal of the Director of the Issuing and Vault Department,

DECIDES:

Article 1. To issue in conjunction with this Decision "the Regulation on the dealing with counterfeit money, money suspected being counterfeit in banking industry".

Article 2. This Decision shall be effective after 15 days since its publication in the Official Gazette.

Article 3. The Director of the Administrative Department, the Director of the Issuing and Vault Department, the Director of the Banking Operation Department, General Managers of the State Bank branches in provinces, cities under the Central Governments management, General Directors (Directors) of credit institutions, other organizations engaging in banking activity shall be responsible for the implementation of this Decision.

REGULATION

ON THE DEALING WITH COUNTERFEIT MONEY, MONEY SUSPECTED BEING COUNTERFEIT IN BANKING INDUSTRY
(issued in conjunction with the Decision No. 28/2008/QD-NHNN dated 10 October 2008 of the State Bank of Vietnam)

Chapter I.

GENERAL PROVISIONS

Article 1. Governing scope

This Regulation governs the seizure of counterfeit money, temporary seizure of money suspected being counterfeit, verification of counterfeit money, money suspected being counterfeit, affixing the seal on the counterfeit money, package, delivery and receipt, transport and destruction of counterfeit money in banking industry.

Article 2. Subjects of application

1. State Bank, credit institutions and other organizations engaging in banking activity (hereinafter referred to as bank).

2. Organizations which, individuals who have counterfeit money, money suspected being counterfeit which is detected and seized by the bank in cash transaction with the bank.

Article 3. Interpretation

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

1. Counterfeit money means the money which is made the same as paper money (cotton money, polymer money), coin of Vietnam, but is not printed, coined, issued by the State Bank of Vietnam.

2. Money suspected being counterfeit means the money which has not been concluded as real money or counterfeit money.

Chapter II.

SPECIFIC PROVISIONS

Article 4. Seizure of counterfeit money

1. Upon detecting any doubtful signal of money in cash transaction with customer, the bank shall base on the notice of State Bank (or Ministry of Public Security) of the identifiable characters of counterfeit money to reconcile with security characters of specimen money (or real money) of the same type for conclusion.

a. Where it can be confirmed that the money with doubtful signal is the counterfeit money as notified by the State Bank (or Ministry of Public Security), the bank must draw up the minutes (Appendix No. 1), seize and affix the seal, punch on the counterfeit money; if there is any doubt on the circulation of counterfeit money or upon detecting 5 sheets of counterfeit money (or 5 pieces for counterfeit coin) and more in a transaction, or if customer fails to comply with the drawing of minutes, seizure of counterfeit money by the bank, the bank shall inform the nearest public security agency. The stamping, punching of counterfeit money shall be implemented in accordance with Article 6 of this Regulation.

b. For type of counterfeit money which has not been notified (counterfeit money of new type), the bank shall draw up the minutes (Appendix No. 1), seize (not stamp, punch on the counterfeit money); timely give a notice to the nearest public security agency; inform and send all counterfeit money of new type to the State Bank branch in province, city under the central Government's management in the locality within 2 working days since the detection of the counterfeit money. Upon receiving information of the counterfeit money of new type, the State Bank branch in province, city under the central Government's management shall immediately give a notice to the public security agency of the same level and the Issuing and Vault Department.

2. Bank staff seizing counterfeit money must be the one who has attended a training course on the technique of identifying counterfeit money, real money.

3. Any act of returning the counterfeit money, money suspected being counterfeit to customers is strictly prohibited.

Article 5. Temporary seizure of money suspected being counterfeit

Credit institutions, other organizations engaging in banking activity shall draw up minutes and temporarily seize the money suspected being counterfeit (Appendix No. 2). Within a period of 3 working days since the day of temporary seizure, credit institutions, other organizations engaging in banking activity shall send the money suspected being counterfeit to the State Bank branches in provinces, cities under the central Government's management or Public Security agency in the locality for verification. Verification result shall be notified in writing to customers whose money is suspected being counterfeit.

Article 6. Affixing the seal of counterfeit money

1. Seal of counterfeit money

The seal of counterfeit money has rectangular form, measurement: 20mm x 60mm; measurement of the bank's name part: 5mm x 60mm, the letter "counterfeit money" has measurement of 15mm x 60mm; the ink to be used is red.

2. The way to affix the seal, punch on the counterfeit money

To affix the seal of counterfeit money on two sides of the counterfeit money sheet and punch four holes on the counterfeit money sheet (each edge of the length of the counterfeit money sheet shall be punched with 2 balanced holes by the punch pliers used in the office).

Article 7. Package, preservation of counterfeit money

1. Package, sealing up of counterfeit money

a. Counterfeit cotton money, counterfeit polymer money: 100 sheets of counterfeit money of the same face value, same material shall be packaged in one money quire; 10 quires of counterfeit money shall be packaged in 1 bundle (1,000 sheets) and sealed up. If there are not enough 1,000 sheets, the package and sealing up shall still be carried out.

b. Counterfeit coin: 100 pieces shall be packaged in 1 small bag and sealed up; 10 small bags shall be packaged in 1 large bag (1,000 pieces), sealed up. Where there are not enough 100 pieces, the counterfeit coins shall be packaged in nylon bag and sealed up.

c. State Bank shall be responsible for packaging, sealing up bundles, bags of counterfeit money and it is required to clearly and fully state elements on the seal under current provisions on sealing up cash of the State Bank.

2. Counterfeit money shall be separately preserved in the money warehouse of the State Bank.

Article 8. Delivery, receipt and transport of counterfeit money

1. Delivery, receipt of counterfeit money between credit institutions, other organizations engaging in banking activity and State Bank branches in provinces, cities under the central Government's management, Banking Operation Department of State Bank shall be performed by sheet (or piece for counterfeit coin) on monthly basis (except for the case of counterfeit money of new type, the delivery and receipt shall be performed in accordance with provisions in Point b, Paragraph 1, Article 4 of this Regulation), the delivery bank shall draw up minutes of delivery and receipt of counterfeit money (Appendix No. 3)

Method of transport of counterfeit money shall be decided upon by General Directors (Directors) of credit institutions, other organizations engaging in banking activity, providing that security of the transport process shall be ensured.

2. State Bank branches in provinces, cities under the central Government's management, Banking Operation Department shall be responsible for verifying the authenticity of each counterfeit money sheet handed in by credit institutions, other organizations engaging in banking activity.

Where real money is detected in the amount of counterfeit money handed in, State Bank branches, Banking Operation Department of the State Bank shall draw up minutes, require the bank that seized that money to return the same value of the money to customer and make report on return result to the State Bank within 1 month. The bank, staff of the bank seizing the real money of customer shall be responsible for any consequence (if any) caused to the customer.

The real money sheet stamped with the seal "counterfeit money" shall be revoked, exchanged at par (to Credit) for the handing in bank and a corner of that money sheet shall be cut (one eighth of the money sheet area), the package, delivery and receipt of that money shall be performed like for the money not qualified for circulation in accordance with applicable provisions of the State Bank.

3. State Bank branches in provinces, cities under central Government's management, Banking Operation Department of the State Bank shall hand in the counterfeit money to the Central Money Warehouse, State Bank - Binh Dinh province Branch at least once every 6 month, possibly combining with the inward, outward transfer of money of the State Bank. The method of delivery and receipt shall be performed by the sealed up bundle, bag of the delivery bank.

4. For counterfeit money which has not been notified (counterfeit money of new type), State Bank branches in provinces, cities under the central Government shall hand in counterfeit money of new type upon request of the Issuing and Vault Department; method of transport shall be decided upon by Manager of State Bank branches in provinces, cities under the central Government's management, ensuring the security and timeliness.

Article 9. Verification of counterfeit money, money suspected being counterfeit

1. Any organization, individual that has a demand for verification of counterfeit money, money suspected being counterfeit must submit a written application (Appendix No. 4) and transfer the counterfeit money, money suspected being counterfeit that need verifying to State Bank branch in province, city under the central Government's management, the Issuing and Vault Department or Branch of Issuing and Vault Department.

2. Verification result of the State Bank branch in province, city under the central Government's management, the Issuing and Vault Department or Branch of the Issuing and Vault Department shall be informed in writing to organizations, individuals that request for verification within 5 working days since the receipt of the application for verification. The verification shall be implemented free of charge.

3. Dealing with the verification result at the State Bank branches in provinces, cities under the central Government's management:

a. If the verification result shows that the money is real, then this real money shall be returned to organizations, individuals requesting for verification or exchanged and Credited against the bank requesting for verification.

b. If the verification result shows that the money is counterfeit and has been notified by the State Bank (or Ministry of Public Security), State Bank branches shall seize the counterfeit money, appendix the seal, punch on the counterfeit money (if the counterfeit money sheet has not been stamped, punched).

c. If the verification result shows that the money is counterfeit and has not been notified (counterfeit money of new type), State Bank shall seize the counterfeit money (but not seal and punch on the counterfeit money) and transfer the counterfeit money to the Issuing and Vault Department in accordance with provisions in Paragraph 4, Article 8 of this Regulation.

d. Where State Bank branches in provinces, cities under the central Government's management can't conclude whether the money is real or counterfeit, the amount of money that need verifying shall be transferred to the Issuing and Vault Department for verification in the soonest time.

4. Dealing with verification result at the Issuing and Vault Department, Branch of Issuing and Vault Department:

a. If the verification result shows that the money is real, the amount of real money shall be returned to organization, individual requesting for verification or shall be handed in to the Banking Operation Department (or State Bank Hochiminh city branch) to Credit against the bank requesting for verification.

b. If the verification result shows that the money is counterfeit and has been notified by the State Bank (or Ministry of Public Security), to seize, seal, punch and hand in the money to the Banking Operation Department (or State Bank Hochiminh city branch). For counterfeit money of new type (which has not been notified by State Bank or Ministry of Public Security), to seize and not to seal, punch on the counterfeit money.

5. Counterfeit money, money suspected being counterfeit which is verified upon request of Public Security agencies, Border Guard Agencies, Customs shall be returned to the unit requesting for verification, after verification, not to stamp, punch on the counterfeit money.

6. Officers in charge of verification of counterfeit money, money suspected being counterfeit of the State Bank must possess the certificate or be certified as having attended a training course on operation of money verification issued by the State Bank.

Article 10. Maintenance, preservation of counterfeit money at the Issuing and Vault Department

Counterfeit money of new type shall be, after verification, maintained, preserved for serving operational activity (except for the counterfeit money, money suspected being counterfeit which is verified under Paragraph 5, Article 9 of this Regulation). The Issuing and Vault Department shall submit to the Governor for decision on quantity, type of counterfeit money that need maintaining, preserving.

Article 11. Revocation and destruction of counterfeit money

1. State Bank shall organize the receipt, destruction of counterfeit money handed in by organizations, individuals

2. The destruction of counterfeit money, real money that is affixed with the seal "counterfeit money" of the State Bank shall be implemented in accordance with provisions applicable to the destruction of money not qualified for circulation.

3. The destruction of counterfeit money which is exhibits of criminal cases shall be implemented in accordance with provisions of applicable laws on sentence execution.

Article 12. Information, reporting about counterfeit money

1. State Bank branches in provinces, cities under the central Government's management, credit institutions, other organizations engaging in banking activity shall make report on the counterfeit money seized in accordance with current provisions of the State Bank.

2. Upon detecting counterfeit money of new type, or detecting any signal of storage, circulation and transport of counterfeit money, the Bank must timely inform public security agency and State Bank branch in province, city under the central Government's management in the locality. State Bank (the Issuing and Vault Department) shall timely inform Ministry of Public Security (Department of Economic Security Protection) about counterfeit money of new type. The Issuing and Vault Department shall give a written notice of characters of the counterfeit money of new type to Department of Economic Security Protection (Ministry of Public Security); Department of Reconnaissance (High Command of Border Guard); State Bank branches in provinces, cities under the central Government's management; State owned credit institutions; State Treasury for prevention from and combating against counterfeit money.

Article 13. Accounting, inventory of counterfeit money

Counterfeit money shall be accounted off- balance sheet and the inventory of counterfeit money shall be performed periodically in accordance with applicable provisions of the State Bank.

Chapter III.

IMPLEMENTING PROVISIONS

Article 14. Reward and dealing with violation acts

1. Reward

On annual basis, organizations, individuals that make excellent achievements in the implementation of this Regulation shall be considered, by Government of the State Bank, deciding the reward in accordance with provisions of applicable laws and of banking industry.

2. Dealing with violation act

Organizations, individuals committing any violation act of this Regulation shall, depending on the nature, seriousness of violation, be subject to discipline, administrative punishment; for serious violation acts, they shall be prosecuted for criminal liability in accordance with provisions of applicable laws.

Article 15. Guidance, inspection of implementation

The Issuing and Vault Department shall be responsible for providing guidance and inspecting the implementation of this Regulation in banking industry. State Bank branches in provinces, cities under the central Government's management shall inspect the implementation of this Regulation by credit institutions, other organizations engaging in banking activity in the locality.

Appendix No. 1

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------

MINUTES
On the seizure of counterfeit money

Today, at ......... h......, at..................., we, including:

1. The unit seizing the counterfeit money

(Name of the unit):............................................ address:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

2. Payer (Customer):

ID Card (Passport) No....................... , issued on....................... at.........................................

Tel No.:.................................................................................................................................

Address:...............................................................................................................................

Amount paid:.................................................. , in words........................................................

Pursuant to the Official Dispatch No. ........../PHKQ9.m dated........./ ..../....... of the State Bank on characters of counterfeit money of type.......; upon comparing with the security characters of the specimen money (real money) of the same type.

While counting the money amount paid by customer, have detected counterfeit money as follows:

Pursuant to Paragraph 5, Article 4, Decision No. 130/2003/QD-TTg dated 30 June 2003 of Prime Minister on the protection of Vietnamese currency and the Decision No...../2008/QD-NHNN dated....../..../2008 of the Governor of the State Bank, we draw up the minutes on the seizure of counterfeit money mentioned above.

The minutes are made into 3 copies, 1 copy for customer, 2 copies for keeping at the unit seizing the counterfeit money

Note: Person who seizes the counterfeit money: cash tallyman, cashier, transactor

Appendix No. 2

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------

MINUTES
On the temporary seizure of money suspected being counterfeit

Today, at ......... h......, at..................., we, including:

1. The unit temporarily seizing the money suspected being counterfeit

(Name of the unit):............................................ address:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

2. Payer (Customer)

Full name:.............................................................................................................................

ID Card (Passport) No....................... , issued on....................... at.........................................

Tel No.:.................................................................................................................................

Address:...............................................................................................................................

Amount paid:.................................................. , in words........................................................

While counting the money amount paid by customer, have detected money suspected being counterfeit as follows:

Pursuant to Paragraph 5, Article 4, Decision No. 130/2003/QD-TTg dated 30 June 2003 of Prime Minister on the protection of Vietnamese currency and the Decision No...../2008/QD-NHNN dated....../..../2008 of the Governor of the State Bank, we draw up the minutes on the temporary seizure of money suspected being counterfeit as mentioned above to send them for verification. Upon availability of verification result, we will inform the result to the customer.

The minutes are made into 3 copies, 1 copy for customer, 2 copies for keeping at the unit temporarily seizing the money suspected being counterfeit.

Note: Person who temporarily seizes the money: cash tallyman, cashier, transactor

Appendix No. 3

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

MINUTES
On the delivery and receipt of counterfeit money

Today is ...../...../....., we, including:

1. The delivery party (Name of the bank)..................................................................................

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

2. Recipient (State Bank branch in province, city...)

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

- Mr. (Mrs.)...................................................... Position:........................................................

The two parties have handed over and received the counterfeit money amount as follows:

Method of delivery, receipt: by sheet

The minutes are made into 2 copies, each party keeps one.

Note: Delivery bank shall draw up the minutes.