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STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
16/2015/TT-NHNN
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Hanoi,
October 19, 2015
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CIRCULAR
AMENDMENTS TO SOME
ARTICLES OF CIRCULAR NO. 32/2013/TT-NHNN DATED DECEMBER 26, 2013 OF THE
GOVERNOR OF THE STATE BANK OF VIETNAM ON GUIDELINES FOR RESTRICTION ON USE OF
FOREIGN CURRENCIES IN VIETNAM
Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Ordinance on foreign currencies
No. 28/2005/PL-UBTVQH dated December 13, 2005 and Ordinance No.
06/2013/PLUBTVQH13 dated March 18, 2013 on amendments to the Ordinance on
foreign currencies;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
At the request of Director of Foreign Exchange
Department;
The Governor of the State bank of Vietnam
promulgates a Circular on amendments to some Articles of Circular No.
32/2013/TT-NHNN dated December 26, 2013 of the Governor of the State bank of
Vietnam on guidelines for restriction on use of foreign currencies in Vietnam.
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1. Clause 17 Article 4 is amended as follows:
“17. In cases that involve National defense and
security, petroleum, and other necessary cases, foreign currencies may be used
in Vietnam after the State bank of Vietnam grants a written permission in
consideration of the reality and necessity of each case under the documents and
procedures prescribed in Article 4a of this Circular.”
2. Article 4a is added as follows:
“Article 4a. Documents and procedures for
granting permission to use foreign currencies in Vietnam
1. Rules for making and sending the application for
permission to use foreign currencies in Vietnam:
a) The application must be made in Vietnamese
language. If some documents of the application is translated from a foreign
language, the applying organization may choose between submitting documents
bearing the translator’s signatures according to Vietnam’s regulations of law
on authentication or submitting documents bearing the certification of the
organization’s legal representative;
b) For documents being copies, the applicant may
choose between submitting certified true copies, copies from the master
register, or copies bearing the organization’s authentication. If the
application is submitted directly at the State bank of Vietnam (Foreign Exchange Department) and the copies are not certified true copies, copies
from the master register, or copies bearing the organization’s authentication,
the originals must be presented for comparison. The person who compares
documents must sign the copies and take responsibility for the consistency
between the copies and the originals.
2. Every organization that wishes to use foreign
currencies in Vietnam as prescribed in Clause 17 Article 4 of this Circular
shall compile an application for permission to use foreign currencies in
Vietnam, submit it to the State bank of Vietnam (Foreign Exchange Department)
whether directly or by post. The application consists of:
a) A written request for permission to use foreign
currencies in Vietnam, which specifies the necessity of use of foreign
currencies;
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c) Documents proving the necessity of use of
foreign currencies in Vietnam.
3. If the application is not satisfactory, within
10 working days from the day on which it is received, the State bank of Vietnam shall send a request to the applying organization for completion of the
application.
Within 45 days from the day on which the
satisfactory application is received, in consideration of the reality and
necessity of each case, the State bank of Vietnam shall consider granting a
permission to use foreign currencies in Vietnam.
If the application is rejected, the State bank of Vietnam shall send a written notification and provide explanation.”
Article 2. Implementation
1. This Circular comes into force from December 03,
2015.
2. Chief of office, Director of Foreign Exchange
Department, heads of relevant units affiliated to the State bank of Vietnam,
Directors of provincial branches of the State bank of Vietnam, the Chairperson
of the Executive Board, the Chairperson of the Board of members, General
Director/Director of every permitted credit institution are responsible for the
implementation of this Circular.
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