The National Treasury of the Republic of China and matters related to the national treasury shall be governed by this Act.
The national treasury takes charge of governments’ cash, bills, securities, and other properties and the Ministry of Finance is the competent authority of the national treasury.
The national treasury is to commission the Central Bank to act as an agent to take charge of disbursing, safekeeping and transferring activities of cash, bills, and securities, and the safekeeping of deed documents of properties, unless the law provides otherwise.
In places where the Central Bank has no branch offices, after obtaining the agreement from the Ministry of Finance, the Central Bank could commission other banks, cooperative bank or postal offices to be the agent in handling the government treasury tasks.
Unless this Act and other laws provide otherwise, the handling of the disbursement, safekeeping and transferring of cash, bills and securities of all agencies of the central government, and the safekeeping of deed documents of properties shall be carried out by the commissioned bank or institution of the National Treasury.
For the revenues listed below, all agencies of the central government may safe keep on their own accord, and in accordance with the prescribed period, hand it over to the national treasury account:
1. The petty revenue;
2. The revenue of the agency which is located outside the prescribed mileage from the commissioned bank or agent institute of National Treasury.
3. The revenue which is collected and kept on the collection point where the competent authority deems as proper.
4. The revenue of the agencies located overseas where there are no commissioned banks or agent institutes; or
5. The revenue of the agency which has no fixed location.
All agencies of the central government may, pursuant to provisions, safe keep the following sums of money, and spend it pursuant to the laws:
1. Authorized petty cash;
2. The budget fund of the central government agencies located overseas where there are no national treasury commissioned bank or agent institutes;
3. The budget fund of the agencies which have no fixed location; or
4. The budget fund which has been approved by laws and regulations.
The highest amount and other restriction conditions for the preceding two Articles shall be stipulated by the Ministry of Finance, and notify the competent budget and accounting units in the central government and the National Audit Office.
Agencies which have no fixed location or are located overseas, other than the regulations set forth in Article 5 to Article 7, that matters related to the disbursement, safekeeping and transferring of cash, bills and securities, and the safekeeping of deed documents of properties shall be handled in accordance with the following regulations:
1. For agencies with no fixed location, the Central Bank is to commission proper personnel or unit to handle the matters after obtaining the approval from the Ministry of Finance.
2. For agencies located overseas, the Central Bank is to commission the domestic banks located in the oversea locations to handle the matters after obtaining the approval from the Ministry of Finance; if the location has no domestic bank, the Central Bank may commission other suitable institutions or personnel to handle the matters.
The cash, matured bills and securities collected by the Central Bank as an agent of the National Treasury is to be handled with deposit method. The rights and obligations of the Central Bank and the National Treasury are to be stipulated in a contract, unless it is specifically restricted by laws and orders. The contract mentioned above shall be approved by the Executive Yuan.
For common fund deposit, the Ministry of Finance is to set up a national treasury deposit account with the Central Bank for centralized management.
Special fund is to follow the laws, treaties, agreements and the orders, contracts or wills in setting up the fund, other public funds and retained funds in accordance with the regulations except the annual revenue of the agencies of the central government, hence, their deposits and management shall be handled separately and deposited into the National Treasury commissioned banks or institutions with special fund account. The management of such revenue and expenditure is to follow the regulations for setting up that fund; if there is no regulation in particular for that fund, the common approach of the national treasury depositors, Shall apply mutatis mutandis.
The handling method for the return of revenue and the recovery of expenditure are to be set between the Ministry of Finance, Directorate－General of Budget, Accounting and Statistics and the National Audit Office.
The revenues of all agencies of the central government, unless this At or other laws stipulated otherwise, shall all be included in the National Treasury deposit account and the payers shall pay directly to the National Treasury commissioned banks or institutions, or it is collected by the personnel send by the National Treasury commissioned banks which are stationed to be in the revenue collection agencies.
National Treasury commissioned banks and institutions when collecting the various revenues for the government agencies shall notify the relevant organization and check with the relevant organization regularly for reporting to the Ministry of Finance, Directorate General of Budget, Accounting and Statistics and the National Audit Office.
The revenue of the organizations in the central government should be reported to the Ministry of Finance period of period regularly.
The expenditures of all agencies of the central government is to be handled centrally in the regional payment organization set up by the Ministry of Finance, depending on the situations, it may carry out by periods and regions.
The general rules for the regional payment organization indicated in the preceding paragraph are to be defined by law and the jurisdiction for each regional organization is to be determined by the Executive Yuan.
Expenditure of all agencies of the central government, unless otherwise stipulated in the regulations of this Act, shall be paid with the National Treasury deposit account.
The payment of all expenditures shall be in accordance with the budget and the legal purposes and conditions of the approved budget allocation rules.
The Ministry of Finance shall notify separately each regional payment organization in charge of the region the approved allocated budget and various payment bills of the agencies of the central government.
When fulfilling the responsibility of payment for the expenditures of the central government agencies, it is required to sign payment vouchers to notify the regional payment organization and check with the allocated budget or pay with the relevant payment bills.
For expenditures of agencies which do not implement centralized payment, it is to be paid with the fund appropriation voucher signed by the Ministry of Finance in accordance with the approved budget allocation or relevant payment bills, and after the voucher is checked and approved by the National Audit Office, then the payment notification will be sent to the regional payment organization to appropriate the payment with the agency account in the National Treasury and process the payment in accordance with law.
The payment vouchers issued by all the agencies of the Central government shall be signed and approved by the head of the organization or its authorized signatory and the chief accounting personnel to be responsible for the approval of the lawful use of the payment.
The payment vouchers mentioned in the preceding Article must be checked and approved by the audit personnel stationed in the regional payment organization send by the National Audit office.
When conducting the payment for government agencies, the regional payment organization shall issue national treasury check in accordance with the approved payment voucher indicated in the preceding Article and pay directly to the payee. However, the payment for the following items may could directly issue to the organizations or agencies:
1. The various payments as stipulated in Article 6 are to be paid to that organization or agency to keep and use in accordance with the regulations.
2. The salary expenditures of all organizations and agencies are to be sent to the designated personnel in the organization or agency for transferring and issuing to the employees.
When regional payment organization pays the expenditure of the agencies of the central government, it shall notify the spending organization.
The expenditures of all spending organization and payments related to the national treasury deposit accounts by the National Treasury commissioned banks and institutions shall be reported to the Ministry of Finance, the Directorate－General of Budget, Accounting and Statistics and the National Audit Office period by period regularly.
At the end of the fiscal year, the unused balance of the allocated budget of all agencies, except those payables which already incurred but not yet paid, and which have been approved for retention, the rests shall be are immediately stopped for payment, unless otherwise provided by law.
For the unused balance which is kept and used by the organization itself, it shall also follow the regulations in stipulated in the preceding paragraph and stop the payment, and return back to the National Treasury immediately after the end of the fiscal year.
For the payment of subsidiary expenditure with specified purposes, it shall be conducted in accordance with the provisions set forth in Article 13 to Article 21; and for those which do not specified the purposes, they are to be processed by the competent authority with the signed payment vouchers in accordance with the approved budget allocation or relevant payment bills to inform the payment organization in charge to issue national treasury check to the organizations or groups directly which are subsidized.
The Executive Yuan may order the Ministry of Finance to release emergency spending in accordance with law through the process of adding additional budget after the spending.
National treasury centralized payment operation procedure is to be drafted by the Ministry of Finance and submitted to the Executive Yuan for approval.
National treasury checks are to be printed and issued by National Treasury Administration and its management regulations are to be defined by the Ministry of Finance separately.
National treasury checks shall be printed and signed with the official chop and seal of the Director of the National Treasury Administration; when issuing, it shall also be signed by the head of the regional payment organization.
National Treasury checks may assign designated region for honoring the checks and pay by the national treasury commissioned banks or institutions in that region.
The range and scope of the horning region is to be defined by the Ministry of Finance and recorded on the national treasury checks.
In order to adjust the revenue and expenditure of the National Treasury, the government may issue treasury bills or after negotiation borrowed money for less than one year maturity; its issuance and borrowing are to be defined by laws and regulations.
The accounting matters of the National Treasury are to be handled and conducted by the chief accounting personnel in the National Treasury Administration of the Ministry of Finance. The accounting matters of the regional payment of the National Treasury is to be handled and processed by the chief accounting personnel in the regional payment organizations.
The accounting matters of the head office of the National Treasury commissioned to the Central Bank is to be handled and conducted by the chief accounting personnel in the Department of Treasury of the Central Bank.
The accounting matters of the branch office of the National Treasury is to be handled by the chief accounting personnel of the commissioned organization or agency.
The revenues and expenditures of the National Treasury are to be reported by the Ministry of Finance’s National Treasury Administration on a daily basis to the Ministry of Finance, the Directorate General of Accounting, Budget and Statistics and the National Audit Office.
The auditing matters on the National Treasury is to be conducted by the auditing agencies in the government.
The Ministry of Finance may send personnel to examine the business of the commissioned banks and agencies for National Treasury in processing the National treasury business.
Violation of the provisions of this Act in issuing national treasury checks or become the payee or the ordered payee of the National Treasury, in addition to the punishment in accordance with the laws, the violators shall also compensate the loss of the National Treasury.
When the National Treasury commissioned banks or institutions violate the laws or contract in making payment and cause damage or loss to the National Treasury, that National Treasury commissioned banks or institutions shall be jointly and severally liable.
A person, who commits the offenses in Article 201 of the Criminal Code regarding to altered or falsified national treasury checks, shall be severely punished.
The matters of cash, bills, securities of all agencies of the central government which are not conducted by the National Treasury commissioned banks or institutions in accordance with laws, the various accounting reports shall be sent to the Ministry of Finance for checking and auditing; if necessary, the Ministry of Finance may send personnel to audit and check the operations.
The competent authority of National Treasury and National Treasury commissioned banks and institutions shall categorize and number the deed of government property and important contracts, bills and securities related to debts and claims in details an keep in good conditions; if necessary, a copy shall be made or pictures shall be taken for safekeeping.
The management of public property is to be defined in a separate law.
The government treasury matters for municipality directly under the jurisdiction of the central government, county (city), and township (town, city) may be conducted in reference to this Act.
The enforcement rules of this Act shall be prescribed by the Ministry of Finance and submitted to the Executive Yuan for approval and promulgation.
This Act shall be in force from the date of promulgation.