Circular No. 96/2010/TT-BTC dated July 05, 2010 of the Ministry of Finance guiding the restoration and handling of accounting documents which are lost or damaged due to objective causes

CIRCULAR

GUIDING THE RESTORATION AND HANDLING OF ACCOUNTING DOCUMENTS WHICH ARE LOST OR DAMAGED DUE TO OBJECTIVE CAUSES

THE MINISTRY OF FINANCE

Pursuant to the June 17, 2003 Accounting Law;

Pursuant to the Government's Decree No. 128/2004/ND-CP ofMay31, 2004, detailing and guiding a number of articles of the Accounting Law which are applicable to state accounting activities;

Pursuant to the Government's Decree No. 129/2004/ND-CP of May 31, 2004, detailing and guiding a number of articles of the Accounting Law which are applicable to business operations;

Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

The Ministry of Finance guides the restoration and handling of accounting documents which are lost or damaged due to objective causes as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular specifies the processes, modes and methods for restoring and handling accounting documents which are lost or damaged due to objective causes in accounting units of all economic branches and sectors.

Article 2. Subjects of application

This Circular applies to the following entities:

1. Accounting units which have their accounting documents lost or damaged due to objective (force majeure) causes such as natural disasters, fire, termite, decay or burglary.

2. Finance agencies, tax offices, state treasuries and direct superior agencies of, and organizations and individuals related to, accounting units which have their accounting documents lost or damaged due to objective causes.

Article 3. Accounting documents to be restored and handled

Accounting documents which must be restored and handled include: accounting vouchers, accounting books, financial statements, data storing media and other accounting-related documents currently used in accounting sections and relevant sections (departments) of accounting units of all economic branches and sectors or preserved in accounting units' archives which are lost or damaged due to objective causes.

Article 4. Responsibilities of accounting units which have accounting documents lost or damaged due to objective causes

1. To promptly notify relevant management agencies such as finance agencies, tax offices, state treasuries and superior agencies of the loss or damage of accounting documents due to objective causes within 15 days after detecting such loss or damage.

2. To collect, restore and handle as many as possible accounting documents and other accounting-related documents which are lost or damaged due to objective causes.

3. To collect and copy as many as possible accounting documents which are lost.

4. After notifying the loss or damage of accounting documents to relevant management agencies, to form an accounting document restoration and handling board to perform jobs relating to the restoration and handling of accounting documents.

Chapter II

SPECIFIC PROVISIONS

Article 5. Accounting document restoration and handling boards

1. An accounting document restoration and handling board is composed of:

a/ The enterprise's director or the unit's head as its head;

b/ The chief accountant (or the person in charge of accounting affairs) as its deputy head;

c/ A representative of the unit's inspection and control section as its member;

d/ Representatives of relevant sections (such as warehouses, shops, business section and planning section) as its members;

e/ All staff members of the finance-accounting section as its members;

f/ Representatives of relevant management agencies as its members.

2. In case only a few accounting documents are lost or damaged, the accounting document restoration and handling board may be formed with only key members who have direct relations with these accounting documents.

3. The accounting document restoration and handling board shall perform tasks of restoring and handling accounting documents under law and this Circular.

Article 6. Inventory, assessment and classification of lost and damaged accounting documents

1. The accounting document restoration and handling board shall inventory, assess and classify all accounting documents of the unit and make a written record of accounting documents lost or damaged due to objective causes (according to the form provided in Appendix 1 to this Circular - not primed herein), enclosed with a list of documents classified by their types, accounting contents, use status - currently in use or having been filed in archives, and extent of damage.

2. Lost or damaged accounting documents shall be classified as follows:

a/ Documents which remain usable;

b/ Documents which are no longer usable (unreadable or completely damaged);

c/ Lost documents.

Article 7. Order of priority in the restoration and handling of accounting documents

1. Accounting documents which are damaged in the current year will be restored and handled first;

2. Accounting documents of previous years will be restored and handled later.

Article 8. Responsibilities of relevant entities

Management agencies, organizations and individuals related to units which have their accounting documents lost or damaged shall supply, compare and certify documents and figures related to lost or damaged accounting documents within 10 days after receiving a request for certification.

Article 9. Performance of accounting tasks at accounting units after the time of occurrence of loss or damage incidents due to objective causes

Along with remedying consequences arisen due to objective causes, accounting units shall continue performing accounting tasks as usual and supplement accounting documents they still lack so as to timely reflect economic operations arising after the time when accounting documents are lost or damaged.

Article 10. Inventory, determination and handling of asset loss due to objective causes

1. Along with restoring and handling accounting documents lost or damaged due to objective causes, within 10 days after forming an accounting document restoration and handling board, the unit concerned shall inventory all assets, debts and capital sources available at the time of inventory. It shall compare figures on receivables, payables, capital and funds with those recorded by relevant entities so as to determine the current, actual state of assets, capital and debts remaining after the loss. In this case, certification of relevant entities is required.

2. The unit concerned shall compare available and restored accounting figures and documents with figures on the pre-loss inventory of assets and figures on debt comparison and certification with relevant entities to obtain grounds for identifying the balance to be recorded in accounting books and determining the quantity and value of assets lost due to objective causes.

3. The handling of asset loss due to objective causes and expenses for the restoration and handling of accounting documents comply with current financial management mechanisms.

Article 11. Methods of restoring and handling accounting documents which remain usable

1. Accounting vouchers:

After restoring and handling accounting vouchers which remain readable, to list and copy restored and handled documents, carry out procedures for certification of these copies as "true copies" and classify and bind them together like other accounting vouchers. Copies must bear signatures of their maker, the head of the accounting document restoration and handling board and relevant entities. In this case, copied vouchers shall be considered legal vouchers of the unit.

2. Accounting books:

After restoring and handling accounting books, to make and sign copies for certification as prescribed in Clause 1 of this Article. Particularly, accounting books of the current year (the year when accounting documents are damaged), after being copied, must be closed so as to determine the account balance by the end of the day preceding the day when accounting documents are lost or damaged, which shall be recorded in a new accounting book.

3. Financial statements:

To make copies of all financial statements and certify these copies as prescribed in Clause 1 of this Article.

4. After being restored and handled, accounting documents which are damaged but still usable shall be listed by their categories, with certification of the accounting document restoration and handling board, and filed together with copied documents.

5. The unit concerned shall compare figures on the inventory of assets, supplies, goods and funds available after occurrence of the loss or damage incident due to objective causes and debt certification of relevant entities with those on restored and handled accounting books in order to identify differences between figures on accounting books and actual inventory results. and report them to finance agencies, management agencies, business registration licensing agencies, lax offices and relevant political, mass and social organizations.

Article 12. Methods of handling accounting documents which are unusable or lost

1. In case accounting documents are lost or completely damaged, the accounting document restoration and handling board shall contact relevant management agencies and organizations and individuals to seek permission for copying these documents. In this case, certification of organizations and individuals that supply documents for copying is required.

2. Based on financial statements and other accounting documents of the nearest time which are still kept at relevant management agencies. organizations and individuals, the accounting document restoration and handling board shall determine the balance of each account at the time of reporting. Based on figures on pre-loss inventory of assets, supplies, goods and funds and those on certification and comparison of receivable debts and payable loans with relevant entities, the unit concerned shall re-determine the balance of accounts at the time of occurrence of the loss or damage incident to be recorded in new accounting books.

3. For accounting documents and figures which are lost or completely damaged, the accounting document restoration and handling board shall make a list of these documents and figures for certification. In this case, certification must be made by at least 2 members of the restoration and handling board (the head and a member) and. possibly, a representative of any of relevant management agencies (if any). The certifiers shall take responsibility for their certification.

4. For accounting documents which are lost or completely damaged, the accounting unit shall base itself on figures on post-loss inventory of assets, supplies, goods and funds and those on debt certification and comparison with relevant units to identify the balance for forwarding to new accounting books. After restoring and handling accounting documents, the accounting unit shall re-make financial statements for submission to superior authorities.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 13. Effect

1. This Circular takes effect 45 days from the date of its signing.

2. The Finance Ministry's Circular No. 145/ 1999/TT-BTC guiding the restoration and handling of accounting documents in inundated units in Central Vietnam is annulled.

Article 14. Responsibilities for organization of implementation

1. Ministries, branches and provincial-level People's Committees shall direct the restoration and handling of accounting documents in units under their management.

2. Provincial-level Finance Departments, Tax Departments and State Treasuries shall inspect and supervise the restoration and handling of documents according to their functions and tasks.

3. Accounting units which have their accounting documents lost or damaged shall abide by law and this Circular and, at the same time, take responsibility for the properness and accuracy of restored or handled accounting documents.-