THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 222/2013/ND-CP
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Hanoi, December 31, 2013
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DECREE
ON CASH PAYMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 16, 2010 Law on the State
bank of Vietnam;
Pursuant to the June 16, 2010 Law on credit
institutions;
At the proposal of the Governor of the State
bank of Vietnam;
The Government promulgates Decree on cash
payment,
Chapter 1.
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Article 1. Scope of regulation
This Decree prescribes the cash payment and state
management on cash payment in a few of payment transactions on Vietnam’s
territory.
Article 2. Subjects of application
Subjects of application of this Decree include: The
State bank of Vietnam (hereinafter abbreviated to the State bank), credit
institutions, foreign banks’ branches, State Treasuries and organizations and
individuals related to the cash payment.
Article 3. Interpretation of terms
In this Decree, the following terms are construed
as follows:
1. Cash means paper money, metal money issued by
the State bank.
2. Cash payment means the cash use of organizations
and individuals in order to directly pay or perform other obligations of payment
in the payment transactions.
3. Cash service mean activity of the State bank,
credit institutions, foreign banks’ branches, State Treasuries in order to
provide for clients involving remittance and withdrawal of cash or other
services involving cash.
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5. Organizations using state capital mean
organizations using credit capital guaranteed by State, credit capital for
development investment of State and other investment capital of State.
Chapter 2.
CASH PAYMENT FOR SOME PAYMENT TRANSACTIONS
Article 4. Organizations using funding from the
State budget and organizations using state capital
1. Organizations using funding from the State
budget do not perform cash payment in transactions, except for some cases
allowed to perform cash payment as prescribed by the Ministry of Finance.
2. Organizations using state capital do not perform
cash payment in transactions, except for some cases allowed to perform cash
payment as prescribed by the State bank.
Article 5. Securities transactions
1. Organizations and individuals do not perform
cash payment in securities transactions on the Stock Exchange.
2. Organizations and individuals do not perform
cash payment in securities transactions registered and made depository at
Center of securities depository not through the transaction system of the Stock
Exchange.
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1. Enterprises do not perform cash payment in
transactions of capital contribution and purchase, sale, transfer of the
capital parts contributed into enterprises.
2. Enterprises not being credit institutions do not
use cash when borrowing and providing loans with each other.
Article 7. Disbursement of the loaning capital
Credit institutions, foreign banks’ branches may
perform disbursement of the loaning capital for clients in cash in accordance
with regulations of the State bank.
Article 8. Agreements and registrations about
need of cash withdrawal
1. Credit institutions, foreign banks’ branches may
agree with clients about plan of cash withdrawal and notification by clients
before performing cash withdrawal with big quantity.
2. Units transacting with State Treasuries and
wishing to perform cash withdrawal at State Treasuries may perform registration
as prescribed by the Ministry of Finance.
Article 9. Charge for cash services
1. The State bank shall define the charges for cash
service to its clients.
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Chapter 3.
RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES AND
RELEVANT PARTIES
Article 10. Responsibilities of the State bank
1. Guide implementation of Clause 2 Article 4,
Article 7 and Article 9 of this Decree.
2. Do as focal agencies to coordinate with relevant
Ministries, sectors and agencies in guiding, monitoring, urging, inspecting
implementation of this Decree; annually, sum up situations and report them to
the Prime Minister.
3. Do as focal agencies to coordinate with the
Ministry of Information and Communications in formulating and performing plan
on information and propagation in serve of implementation of this Decree.
Article 11. Responsibilities of the Ministry of
Finance
Guide implementation of Clause 1 Article 4, Article
5, Article 6 and Clause 2 Article 8 of this Decree.
Article 12. Responsibilities of relevant
Ministries, sectors and People’s Committees of provinces and central-affiliated
cities
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2. Relevant Ministries and sectors, and People’s
Committees of provinces and central-affiliated cities shall monitor, sum up and
report annually about situation of implementation of this Decree in their
fields and management scope, send them to the State bank for summing up and
reporting to the Prime Minister.
Chapter 4.
IMPLEMENTATION PRVISIONS
Article 13. Effect
1. This Decree takes effect on March 01, 2014.
2. This Decree replaces the Government’s Decree No.
161/2006/ND-CP dated December 28, 2006, providing for cash payment.
Article 14. Responsibilities of implementation
The Governor of the State bank of Vietnam,
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies,
chairmen of People’s Committees of provinces and central-affiliated cities and
relevant agencies, organizations and individuals shall implement this
Decree.
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ON BEHALF OF
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung