THE GOVERNMENT OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
No. 87/2023/ND-CP | Hanoi, December 08, 2023 |
REGULATIONS ON ANTI-COUNTERFEIT MONEY AND PROTECTION OF VIETNAMESE CURRENCY
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;
At request of Governor of State Bank of Vietnam;
The Government promulgates Decree on Anti-counterfeit money and Protection of Vietnamese Currency.
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This Decree provides for detection, seizure, and handling of counterfeit money, temporary confiscation of suspected counterfeit money, suspected illegally mutilated currency; detection, seizure, and handling of illegally mutilated currency; assessment of counterfeit money, suspected counterfeit money; management of photocopy and duplication of Vietnamese currency, and responsibilities of state authorities, organizations, and individuals in anti-counterfeit money and protection of Vietnamese currency.
1. The Ministry of Public Security, Ministry of National Defense, the State Bank of Vietnam (hereinafter referred to as “SBV”), the Ministry of Finance, Ministry of Information and Communications, and relevant ministries, central departments.
2. Credit institutions, foreign bank branches (hereinafter referred to as “FBB”).
3. Organizations and individuals related to anti-counterfeit money and protection of Vietnamese currency.
In this Decree, terms below are construed as follows:
1. “Vietnamese currency” (legitimate currency) consists of notes and metallic money issued by the SBV and is legitimate payment instrument as per the law.
2. “Counterfeit money” means an item whose side or sides contain images, patterns, colors, dimensions of legitimate Vietnamese currency in order to be accepted as Vietnamese currency, with or without falsified security features, which is not issued by the SBV, or originates from Vietnamese currency that has been altered, spliced, or changed so as to produce notes with a different denomination than the original notes.
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4. “Illegal mutilation of Vietnamese currency” means to willfully damage, tear, or mutilate Vietnamese currency.
5. “Photocopy, duplication of Vietnamese currency” means the creation of copy or copies of Vietnamese currency by any means or modes, including creation of electronic copies.
6. “Competent military authorities” consists of: Cơ quan An ninh Điều tra Bộ Quốc phòng (Security Investigation Department of the Ministry of National Defense), Cơ quan An ninh điều tra quân khu và tương đương (Security Investigation Department of military zones and equivalent); Cơ quan Điều tra Hình sự Bộ Quốc phòng (Criminal Investigation Department of the Ministry of National Defense), Cơ quan điều tra hình sự quân khu và tương đương (Criminal Investigation Department of military zones and equivalent), Cơ quan điều tra hình sự khu vực (Criminal Investigation Department of region; Border Guard, and Coast Guard.
REGULATIONS ON ANTI-COUNTERFEIT MONEY
1. During operations and transactions where cash is involved, SBV, credit institutions, FBBs, the State Treasury, police authorities, competent military authorities, and customs authorities shall refer to security features of legitimate currency of the same type or notification regarding features and indicators of Vietnamese currency published by the SBV in order to determine whether a note is legitimate or counterfeit.
If counterfeit money is detected, SBV, credit institutions, FBBs, the State Treasury, police authorities, competent military authorities, customs authorities shall seize and produce Form No. 1 under Appendix attached hereto; if suspected counterfeit money is detected, produce Form No. 2 under Appendix attached hereto.
2. Within a maximum of 5 working days from the date on which counterfeit money is seized or suspected counterfeit money is confiscated, seizing and confiscating authorities shall produce request for counterfeit assessment or request for suspected counterfeit assessment in accordance with Clause 2 Article 5 hereof and submit to assessing bodies of the Ministry of Public Security or the SBV.
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4. Upon discovering signs relating to forgery, concealment, transportation, and circulation of counterfeit money, organizations and individuals shall report the crime in accordance with criminal proceeding laws. Reception and resolution of crime reports shall conform to criminal proceeding laws.
Article 5. Assessment of counterfeit money, suspected counterfeit money
1. Determining legitimacy of currency shall conform to this Decree. Judicial expertise regarding Vietnamese currency shall conform to judicial expertise laws.
Agencies, organizations, and individuals requesting assessment of counterfeit money, suspected counterfeit money for the purpose of determining legitimacy of the currency shall produce request in accordance with Clause 2 of this Article and submit to assessing bodies of the Ministry of Public Security or the SBV.
The Ministry of Public Security and SBV shall assign individuals specializing in assessment of counterfeit money, suspected counterfeit money, prepare equipment, instruments, and other necessities for assessment of counterfeit money and suspected counterfeit money; publish list and address of assessing bodies on websites of the Ministry of Public Security and SBV.
2. Request for assessment consists of:
a) Form No. 3 under Appendix attached hereto;
b) Exhibits that are counterfeit money, suspected counterfeit money filed for assessment.
3. Assessing bodies shall conduct assessment within a maximum of 5 working days for each note or coin; if there are more than 20 notes or coins requested for assessment in a written request, the time limit for assessment shall not exceed 60 days from the date on which adequate documents according to Clause 2 of this Article are received.
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4. Assessing legitimacy of coins in accordance with this Decree shall be conducted free of charge. Costs for judicial expertise regarding Vietnamese currency shall conform to judicial expertise laws.
5. In case of discrepancies between assessment results of assessing bodies, assessment results produced by the SBV shall prevail.
Article 6. Handling of assessment results
1. Within a maximum of 2 working days from the date on which the assessment is completed, assessing bodies shall notify requesting agencies, organizations, and individuals of assessment results in writing.
If the assessed currency is not counterfeit money, assessing bodies shall return exhibits to the requesting agencies, organizations, and individuals.
If the assessed currency is counterfeit money, assessing bodies shall seize the exhibits and comply with Article 7, Article 8, and Article 9 hereof. If requesting agencies, organizations are police authorities, competent military authorities, customs authorities, People’s Procuracy, or People’s Court, assessing bodies shall return the exhibits to requesting agencies, organizations.
2. Within a maximum of 5 working days from the date on which assessment results are received, organizations requesting assessment of counterfeit money, suspected counterfeit money in accordance with Clause 2 Article 4 hereof shall notify agencies, organizations, and individuals possessing counterfeit money or suspected counterfeit money in writing and attach written notice on assessment results produced by assessing bodies. If the assessed currency is not counterfeit money, the exhibits shall be returned to organizations and individuals.
Article 7. Storage, packaging, preservation, delivery, transport of counterfeit money
1. The Ministry of Public Security and the SBV shall retain certain amount of counterfeit money as research materials. Counterfeit money serving as research materials shall be classified, inventoried, monitored, and preserved adequately and safely during use. The Minister of Public Security and Governor of the State Bank of Vietnam shall decide on quantity, type, management and use of these materials.
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Article 8. Counterfeit money submission
1. Organizations and individuals in possession of counterfeit money shall submit counterfeit money to the nearest credit institutions, FBBs, the State Treasury, and SBV or police authorities, competent military authorities, customs authorities.
2. Submission of counterfeit money shall be recorded in writing which specifies type, quantity, denomination, and serial digits of counterfeit money using Form No. 4 under Appendix attached hereto.
3. Credit institutions, FBBs shall submit counterfeit money in accordance with regulations of the SBV.
Article 9. Reception and destruction of counterfeit money
1. SBV shall organize reception of counterfeit money for destruction. Received counterfeit money shall be counted by notes or by coins and depicted under Form No. 4 attached hereto which states type, quantity, denomination, and serial digits of the counterfeit money.
2. Destruction of counterfeit money conducted by the SBV, including counterfeit money involved in violation of the law shall conform to regulations on destruction of money ineligible for circulation standards of the SBV.
Article 10. Information on Vietnamese currency and information on counterfeit money
1. SBV shall publicize features and indicators of Vietnamese currency on mass media, websites of SBV or other appropriate media.
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3. SBV and Ministry of Public Security shall consider, decide on publishing of information on counterfeit money. The Ministry of Public Security shall consider and publish information on modus operandi of crimes relating to counterfeit money. Provision and upload of information relating to counterfeit money shall conform to regulations and law.
Article 11. Professional training, refresher training
1. The Ministry of Public Security and SBV shall organize professional training and refresher training for assessment of counterfeit money, suspected counterfeit money for individuals carrying out assessment of counterfeit money and suspected counterfeit money affiliated to the Ministry of Public Security and SBV.
2. The Ministry of Public Security, Ministry of National Defense, SBV, and Ministry of Finance shall provide guidelines on professional training and refresher training for distinguishing legitimate money, counterfeit money, publicizing and educating regulations on anti-counterfeit money, protect Vietnamese currency, and relevant professional operations relating to anti-counterfeit money and protect Vietnamese currency within their functions and tasks.
Article 12. International cooperation in anti-counterfeit money
1. The Ministry of Public Security shall take charge and cooperate with Ministry of National Defense, SBV, Ministry of Finance, or relevant ministries, central departments in developing regulations on international cooperation in exchanging practical experience, refresher training, professional training in anti-counterfeit money and crimes involving counterfeit money; developing and executing plans, solutions for detecting and destroying trans-national counterfeit forgery, possession, transport, and sale chains.
2. SBV shall, within their powers, decide on cooperation with international organizations, central banks, or currency issuing authorities of countries in exchanging and cooperating in anti-counterfeit money and protecting national currency; providing assistance in training, refresher training regarding indicators of legitimate currency, counterfeit money; holding or participating in conferences, seminars, or other forms relating to anti-counterfeit money.
HANDLING OF ILLEGALLY MUTILATED VIETNAMESE CURRENCY
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1. If legitimate currency is found damaged, torn, or otherwise deformed not due to circulation or preservation in activities and transactions involving cash, SBV, credit institutions, FBBs, and the State Treasury shall produce Form No. 5 under Appendix attached hereto, temporary confiscate and transfer the exhibits to the nearest police authorities, competent military authorities for verification.
2. Within a maximum of 7 working days from the date on which exhibits are received, police authorities and competent military authorities shall verify and reach conclusions regarding torn, damaged, or otherwise deformed cash suspected of illegal mutilation.
Article 14. Verification result processing
After concluding verification and reaching conclusion, police authorities and competent military authorities shall send the conclusion to relevant organizations and individuals in writing.
1. If police authorities conclude that the money is damaged, torn, or otherwise deformed due to illegal mutilation, police authorities shall comply with regulations on punitive measures for administrative violations in monetary and banking sectors.
If competent military authorities conclude that the money is damaged, torn, or otherwise deformed due to illegal mutilation, competent military authorities shall transfer verification results and exhibits to competent authorities for punitive measures for administrative violations in monetary and banking sectors
2. If the money is damaged, torn, or otherwise deformed due to reasons other than illegal mutilation, police authorities and competent military authorities shall return the money to organizations and individuals previously in possession of the money or SBV, credit institutions, FBBs, the State Treasury or handling in accordance with regulations on collection and exchange of money ineligible for circulation.
1. The Ministry of Public Security and Ministry of National Defense shall retain a certain amount of illegally mutilated currency as research materials. Illegally mutilated currency serving as research materials shall be classified, counted, monitored, inventoried, and preserved adequately, safely during use. The Minister of Public Security, Minister of National Defense shall decide on quantity, types, management, and use of these materials.
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Article 16. Reception and destruction of illegally mutilated currency
1. SBV shall organize reception of illegally mutilated currency for destruction. Upon receiving illegally mutilated currency, the delivery shall conform to Clause 2 Article 15 hereof.
2. Destruction of illegally mutilated currency carried out by the SBV, including illegally mutilated currency involved in violations of the law, shall conform to regulations on currency ineligible for circulation of the SBV.
MANAGEMENT OF PHOTOCOPY, DUPLICATION OF VIETNAMESE CURRENCY
Article 17. Rules for photocopying, duplicating Vietnamese currency
1. Agencies, organizations, and individuals, when photocopying and duplicating Vietnamese currency, shall comply with principles below:
a) All photocopies and duplicates do not alter images of Vietnamese currency other than enlarging, reducing, or photocopying, duplicating at a canted angle of the same scale while maintaining integrity of portraits and national emblem on the notes;
b) Do not insert, merge, or combine, in part or in whole, images of Vietnamese currency with contents, sound, images of a vulgar, pornographic, violent, crime, vice nature or contents, sound, images that contradict history, tradition, culture, moral, customs, and law of Vietnam;
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2. Organizations and individuals under Clause 1 Article 19 hereof upon being permitted to photocopy and/or duplicate Vietnamese currency shall ensure the purposeful use of Vietnamese currency images.
Article 18. Conditions and standards of photocopying, duplicating Vietnamese currency
1. In addition to principles under Clause 1 Article 17 hereof, agencies, organizations, and individuals photocopying, duplicating images of Vietnamese currency shall satisfy any of the conditions and standards below:
a) They photocopy or duplicate images and/or pattern of Vietnamese currency on at most 1/3 of surface area of either side of the note; or
b) They photocopy or duplicate images of either side of Vietnamese currency where dimensions of notes or diameter of coins is lower than 75% or greater than 150% of actual dimensions or diameter of legitimate notes or coins of the same denomination; or
c) They photocopy or duplicate images of both sides of Vietnamese currency where dimensions of notes or diameter of coins is lower than 50% or greater than 200% of actual dimensions or diameter of legitimate notes or coins of the same denomination; or
d) They photocopy or duplicate to create electronic copies and upload to the internet at a maximum resolution of 72 dpi (Dots Per Inch) with dimensions similar to those of legitimate currency of the same denominations.
2. Conditions and standards under Clause 1 of this Article do not apply to State Treasury, note printing facilities, mints, and assessing bodies according to this Decree.
3. If other agencies and entities affiliated to ministries, ministerial agencies, Governmental agencies wish to not be subject to conditions and standards under Clause 1 of this Article, they shall communicate with SBV in advance in writing regarding information of photocopies, duplicates of Vietnamese images.
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1. Organizations and individuals not specified under Clause 2 and Clause 3 Article 18 hereof that wish to photocopy and/or duplicate images of Vietnamese images without conform to conditions and standards under Clause 1 Article 18 hereof shall submit request for photocopying, duplicating images of Vietnamese currency directly or via post service to Single-window Department at headquarter of SBV. The request consists of:
a) Form No. 6 under Appendix attached hereto;
b) Draft of design, illustrations, or documents relating to expected use of images of Vietnamese currency which describe, identify, and state positioning, area, dimensions, and resolutions of photocopied, duplicated images.
2. Within a maximum of 10 days from the date on which adequate documents are received, SBV shall respond in writing regarding photocopying, duplication of images of Vietnamese currency.
In case of inadequate documents, Single-window Department at headquarter of SBV shall:
a) in case of direct submission, state reasons for rejection and return written request to organizations and individuals;
b) in case of post service submission, send written reasons to requesting organizations, individuals within a maximum of 3 working days.
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1. Preserve Vietnamese currency during management and use.
2. Request competent authorities to assess counterfeit money and suspected counterfeit money in accordance with Article 5 hereof.
3. Promptly inform the nearest police authorities, competent military authorities, and customs authorities regarding violations of regulations on anti-counterfeit money and protection of Vietnamese currency.
4. Comply with regulations on management of photocopying, duplicating images of Vietnamese images.
Article 21. Responsibilities of Ministry of Public Security
1. Be primarily responsible for anti-counterfeit money and protection of Vietnamese currency, take charge and cooperate with SBV, the Ministry of National Defense, Ministry of Finance, Ministry of Information and Communications, and relevant ministries, central departments in guiding and directing relevant entities to engage in anti-counterfeit money and protection of Vietnamese currency.
2. Take charge and cooperate with relevant ministries, central departments in international cooperation regarding prevention of counterfeit money crimes.
Article 22. Responsibilities of Ministry of National Defense
1. Cooperate with the Ministry of Public Security in inspecting, controlling, detecting violations of regulation on protection of Vietnamese currency within their powers; guiding relevant authorities and entities in dealing with situations that involve counterfeit money, suspected counterfeit money, suspected illegally mutilated currency and cooperating in preventing counterfeit money and protecting Vietnamese currency as per the law.
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Article 23. Responsibilities of SBV
1. Ensure that currency in circulation is durable, aesthetically pleasing, highly capable of preventing counterfeits, convenient for management, use, and provide preservation methods appropriate to materials of coins so as to improve useful life of coins in circulation.
2. Study and apply solutions for improving quality and anti-counterfeit capability of Vietnamese currency.
3. Guide and inspect the handling of counterfeit money, suspected counterfeit money in banking sector; guide organizations and individuals to photocopy, duplicate Vietnamese currency in a law-compliant manner; cooperate with Ministry of Public Security, Ministry of National Defense, and relevant ministries, central departments in communicating and educating protection of Vietnamese currency.
Article 24. Responsibilities of Ministry of Finance
1. Consolidate and request competent authorities to allocate recurrent expenditure from central government budget for ministries, ministerial agencies, Government agencies in order to implement anti-counterfeit money measures and protection of Vietnamese currency in accordance with the Law on State Budget and guiding documents.
2. Direct and guide affiliated agencies to organize implementation of this Decree within their functions and tasks; guide and inspect the handling of counterfeit money, suspected counterfeit money, suspected illegally mutilated money within their powers.
Article 25. Responsibilities of Ministry of Information and Communications
1. Manage contents of newspaper, radio, television, publication (including printing, publishing, publication), electronic information in accordance with regulations on anti-counterfeit money and protection of Vietnamese law.
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1. This Decree comes into force from February 02, 2024.
2. Annul Decision No. 130/2003/QD-TTg dated June 30, 2003 of the Prime Minister.
Article 27. Responsibilities for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree.
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File gốc của Decree No. 87/2023/ND-CP dated December 08, 2023 on regulations on Anti-counterfeit money and Protection of Vietnamese Currency đang được cập nhật.
Decree No. 87/2023/ND-CP dated December 08, 2023 on regulations on Anti-counterfeit money and Protection of Vietnamese Currency
Tóm tắt
Cơ quan ban hành | Chính phủ |
Số hiệu | 87/2023/ND-CP |
Loại văn bản | Nghị định |
Người ký | Lê Minh Khái |
Ngày ban hành | 2023-12-08 |
Ngày hiệu lực | 2024-02-02 |
Lĩnh vực | Tiền tệ - Ngân hàng |
Tình trạng | Còn hiệu lực |