Decree No. 161/2006/ND-CP dated December 28, 2006 of the Government providing for cash payment

DECREE

PROVIDING FOR CASH PAYMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 12, 1997 Law on the State Bank of Vietnam and June 17, 2003 Law No. 10/2003/QH11 Amending and Supplementing a Number of Articles of the Law on the State Bank of Vietnam;

Pursuant to the December 12, 1997 Law on Credit Institutions and June 15, 2004 Law No. 20/2004/QH11 Amending and Supplementing a Number of Articles of the Law on Credit Institutions;

At the proposal of the Governor of the State Bank of Vietnam,

DECREES:

Article 1.- Governing scope

This Decree provides for cash payment limits, cash transaction charges and withdrawals of Vietnam dong cash in large quantity in transaction and payment in Vietnam.

Article 2.- Subjects of application

Subject to the application of this Decree are:

1. Payment service-providing organizations, state treasuries.

2. State budget-funded agencies and organizations, and organizations using state capital.

3. Other organizations and individuals having cash transactions with payment service-providing organizations.

Article 3.- Cash payment limits

1. State budget-funded agencies and organizations and organizations using state capital shall make non-cash payments to beneficiaries, except for those payments permitted to be made in cash via state treasuries.

2. If beneficiaries have no accounts at payment service-providing organizations or state treasuries, state budged-funded agencies and organizations and organizations using state capital may pay them cash.

3. For payments below cash payment limits, state budget-funded agencies and organizations and organizations using state capital may pay cash to beneficiaries.

Article 4.- Cash transaction charges collected by payment service-providing organizations

Payment service-providing organizations may collect charges for cash transactions at their units. Cash transactions charge rates shall be set and publicized by payment service-providing organizations in accordance with the State Bank's regulations.

Article 5.- Withdrawal of cash in large quantity

Payment service-providing organizations and state treasuries may agree with organizations and individuals on the withdrawal of cash in large quantity and on the advance notification of such withdrawal.

Article 6.- Responsibilities of the Finance Ministry for cash payment at state treasuries

The Finance Ministry shall specify cash payment limits applicable to state budget-funded agencies and organizations, payments which can be made in cash via state treasuries and levels of cash fund balance at state treasuries.

Article 7.- Responsibilities of the State Bank of Vietnam

1. To specify appropriate cash payment limits applicable to state capital-using organizations in each period.

2. To coordinate with the Finance Ministry in guiding the observance of the levels of cash fund balance within the state treasury system.

Article 8.- Responsibilities of ministries and branches

1. To guide and disseminate this Decree among state budget-funded agencies and organizations and state capital-using organizations under their management.

2. To inspect and examine the observance of regulations on cash payment by state budget-funded agencies and organizations and state capital-using organizations under their management.

3. To handle according to their competence violations of this Decree in accordance with law and notify the handling to the State Bank of Vietnam.

Article 9.- Responsibilities of People's Committees of various levels

1. To disseminate this Decree among state budget-funded agencies and organizations and state capital-using organizations in their respective localities for them to strictly abide by regulations on cash payment.

2. To inspect and examine the implementation of this Decree by state budget-funded agencies and organizations, and state capital-using organizations which are operating in their administrative localities.

3. To handle according to their competence violations of this Decree in accordance with law and notify the handling to the Vietnam State Bank.

Article 10.- Handling of violations

1. Organizations and individuals that violate the provisions of this Decree shall be administratively sanctioned in accordance with current regulations on sanctions against administrative violations in the monetary and banking domain.

2. Cadres and civil servants who violate the provisions of this Decree shall, apart from being handled under Clause 1 of this Article, be sanctioned in accordance with current regulations applicable to cadres and civil servants, depending on the nature and seriousness of their violations.

3. Cadres, civil servants and individuals who commit acts of violating this Decree which constitute crimes shall be examined for penal liability in accordance with the Penal Code.

Article 11.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 12.- Responsibilities to provide guidance

The Governor of the State Bank and the Minister of Finance shall guide the implementation of this Decree.

Article 13.- Implementation responsibilities

Ministers, heads of ministerial-level agencies and government-attached agencies, presidents of provincial/municipal People's Committees and subjects defined in Article 2 shall implement this Decree.