Thông tư 24/2022/TT-NHNN sửa đổi Thông tư thủ tục hành chính lĩnh vực quản lý ngoại hối

CIRCULAR

AMENDMENTS TO CIRCULARS INTRODUCING ADMINISTRATIVE PROCEDURES RELATED TO FOREIGN EXCHANGE MANAGEMENT

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law providing amendments to the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Ordinance on Foreign Exchange dated December 13, 2005 and the Ordinance on amendments to the Ordinance on Foreign Exchange dated March 18, 2013;

Pursuant to the Government's Decree No. 102/2022/ND-CP dated December 12, 2022 prescribing functions, tasks, powers and organizational structure of the State bank of Vietnam;

At the request of the Director of the Foreign Exchange Management Department;

The Governor of the State Bank of Vietnam promulgates a Circular providing amendments to Circulars introducing administrative procedures related to foreign exchange management.

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1. Article 16 (as amended in Clause 15 Article 1 of the Circular No. 38/2015/TT-NHNN dated December 31, 2015 of the Governor of the State bank of Vietnam providing amendments to the Circular No. 16/2012/TT-NHNN (hereinafter referred to as “Circular No. 38/2015/TT-NHNN”), and in Clause 3 Article 1 and Clause 2 Article 2 of the Circular No. 15/2021/TT-NHNN dated September 30, 2021 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 16/2012/TT-NHNN (hereinafter referred to as “Circular No. 15/2021/TT-NHNN”)) is amended as follows:

“Article 16. Procedures for issuance and modification of certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares; license to temporarily import gold material for re-export of products

1. The enterprise that wishes to manufacture gold jewelry and goldsmiths’ wares or the enterprise that wishes to modify its certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares shall submit an application which is made according to Article 8 or Article 8a of this Circular, directly to the single-window section of the SBV’s branch of the province or city where it is headquartered or by post.

2. With regard to an application for issuance of certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares, the Director of the relevant SBV’s provincial branch shall, based on the provisions on eligibility requirements, application and procedures set out in the Decree No. 24/2012/ND-CP and in this Circular, and results of the physical inspection of the applicant’s facilities and equipment used for their manufacture of gold jewelry and goldsmiths’ wares, issue or refuse to issue (provide reasons for refusal) the certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares (using the form in Appendix 16 enclosed herewith) within 30 working days from the receipt of an adequate and valid application.

3. With regard to an application for modification of certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares, the Director of the relevant SBV’s provincial branch shall, based on the provisions on eligibility requirements for manufacture of gold jewelry and goldsmiths’ wares set out in the Decree No. 24/2012/ND-CP and in this Circular, and results of the physical inspection of the applicant’s facilities and equipment used for their manufacture of gold jewelry and goldsmiths’ wares (in case of change in the manufacturing site), consider issuing a decision to modify the certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares (using the form in Appendix 21 enclosed herewith) within 15 working days from the receipt of an adequate and valid application. This decision is considered an integral part of the certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares.

4. Procedures for issuance and modification of license to temporarily import gold material for re-export of products:

a) The enterprise that wishes to temporarily import gold material to serve their re-export of gold products or that wishes to modify their license to temporarily import gold material shall send an application which is made according to Article 11 or Article 11a of this Circular adopting one of the following submission methods:

(i) Online submission on the National public service portal or the SBV’s public service portal;

(ii) Direct submission to the single-window section of the SBV’s branch of the province or city where the applicant is headquartered;

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b) In case an application is submitted online through the National public service portal or the SBV’s public service portal, the submitted documents may bear digital signature in accordance with regulations of law on completion of administrative procedures by electronic means. If the National public service portal or the SBV’s public service portal failed or encountered a problem, and thus is unable to receive and exchange electronic information, the declaration, sending, receipt, exchange and response to information as well as return of application processing results will be made by post or directly at the single-window section the SBV’s branch of the province or city where the applicant is headquartered;

c) All documents included in the electronic application are scanned copies of the original or physical original documents (in PFD format) or are filled out on the SBV’s public service portal;

d) The documents included in the physical application are original or physical original documents or their copies bearing the applicant’s certification.

5. With regard to issuance of license to temporarily import gold material for re-export of products, within 15 working days from the receipt of adequate and valid application, the Director of the relevant SBV’s provincial branch shall issue or refuse to issue (provide reasons for refusal) the license to temporarily import gold material for re-export of products either in physical or electronic format (using the form in Appendix 17 enclosed herewith). The validity period of the license shall be determined according to the contract for processing of gold jewelry and goldsmiths’ wares but shall not exceed 12 months from its issue date. The re-export of products must be completed within the validity period of the license. The weight of imported gold material shall be determined according to the processing contract and the applicant’s plan for manufacture of gold jewelry and goldsmiths’ wares.

6. With regard to modification of the license to temporarily import gold material for re-export of products, within 15 working days from the receipt of adequate and valid application, the Director of the relevant SBV’s provincial branch shall, based on the modified processing contract and the provisions of this Circular, issue or refuse to issue (provide reasons for refusal) a decision to modify the license to temporarily import gold material for re-export of products either in physical or electronic format (using the form in Appendix 21 enclosed herewith). In case of modification of the license’s validity period, the new validity period shall be determined according to the modified processing contract but shall not exceed 12 months from the issue date of the initial license. If the weight of imported gold material is changed, the new weight of imported gold material shall be determined according to the processing contract, its appendixes and the applicant’s plan for manufacture of gold jewelry and goldsmiths’ wares.”.

2. Article 17 is amended as follows:

a) Clause 1 (as amended in Clause 16 Article 1 of the Circular No. 38/2015/TT-NHNN and Clause 2 Article 2 of the Circular No. 15/2021/TT-NHNN) is amended as follows:

“1. The enterprise that wishes to import gold material for manufacture of gold jewelry and goldsmiths’ wares shall submit an application which is made according to Article 10 of this Circular directly to the single-window section of the SBV’s branch of the province or city where it is headquartered or by post.”.

b) Point b Clause 2 (as amended in Clause 16 Article 1 of the Circular No. 38/2015/TT-NHNN) is amended as follows:

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3. Clause 1 Article 18 (as amended in Clause 4 Article 1 of the Circular No. 15/2021/TT-NHNN) is amended as follows:

“1. The documents included in an application specified in Section 3 of this Circular, except an application for license submitted through the national single-window system and the cases specified in Clause 4 Article 16 of this Circular, must be original copies or copies from the master registers or certified true copies as prescribed by law or copies presented with their originals for verification purpose. If a copy is presented together with its original for verification purpose, the receiving officer shall assume responsibility to certify the accuracy of such copy with its original."

4. The phrase “Giấy chứng nhận đăng ký doanh nghiệp” (“certificate of enterprise registration”) in Point c Clause 1 and Point c Clause 2 Article 9 (as amended in Clause 2 Article 1 of the Circular No. 03/2017/TT-NHNN dated June 06, 2017 of the Governor of the State bank of Vietnam providing amendments to the Circular No. 16/2012/TT-NHNN (hereinafter referred to as “Circular No. 03/2017/TT-NHNN”)) is abrogated.

5. The provisions of Clause 2 Article 8 (as amended in Clause 1 Article 1 of the Circular No. 03/2017/TT-NHNN), Clause 2 Article 8a (as amended in Clause 4 Article 1 of the Circular No. 38/2015/TT-NHNN), Clause 2 Article 10 and Clause 2 Article 11 (as amended in Clause 9 Article 1 of the Circular No. 38/2015/TT-NHNN) are abrogated.

Article 2. Amendments to and abrogation of some Points, Clauses and Articles of Circular No. 34/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank of Vietnam providing guidelines on supply of foreign currency receipt and payment services (hereinafter referred to as “Circular No. 34/2015/TT-NHNN”)

1. Article 9 is amended as follows:

“Article 9. Principles for preparation and submission of application for approval of provision of foreign currency receipt and payment services

1. An application for processing of administrative procedures as prescribed in this Circular shall be submitted and administrative procedure processing results shall be given adopting one of the following methods:

a) Online submission through the National public service portal or the SBV’s public service portal (except Vietnam Post);

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c) By post.

2. In case an application is submitted online through the National public service portal or the SBV’s public service portal, the submitted documents may bear digital signature in accordance with regulations of law on completion of administrative procedures by electronic means. If the National public service portal or the SBV’s public service portal failed or encountered a problem, and thus is unable to receive and exchange electronic information, the declaration, sending, receipt, exchange and response to information as well as return of application processing results will be made by post or directly at the single-window section the SBV’s branch of the province or city where the applicant is headquartered.

3. All documents included in the electronic application are scanned copies of the original or physical original documents (in PFD format) or are filled out on the SBV’s public service portal.

4. The documents included in the physical application are original or physical original documents or their copies bearing the applicant’s certification.

5. Vietnamese translations of documents made in foreign languages are those made by the applicant itself or licensed translation service providers. The applicant shall certify the accuracy of Vietnamese translations compared to the original documents in foreign languages.

6. The applicant shall assume responsibility for the accuracy and truthfulness of information provided in its submitted application.”.

2. Clause 1 Article 12 is amended as follows:

“1. The economic organization that wishes to carry out direct foreign currency receipt and payment (or modify or extend the approval of registration of direct foreign currency payment and receipt) shall submit an application to the SBV’s branch of province or city where it is headquartered.”.

3. Clause 1 Article 15 is amended as follows:

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4. Point b Clause 2, Point b Clause 3 Article 11 and Point b Clause 2, Point b Clause 3 Article 14 are abrogated.

Article 3. Amendments to the Circular No. 12/2016/TT-NHNN dated June 29, 2016 of the Governor of the State Bank of Vietnam providing guidelines on foreign currency management for outward investment (hereinafter referred to as “Circular No. 12/2016/TT-NHNN”)

1. Article 10 is amended as follows:

a) Clause 2 is amended as follows:

“2. The investor shall submit an application for registration of outward investment-related foreign exchange transactions to the competent authority prescribed in Article 8 and Article 9 of this Circular adopting any of the following methods:

a) Online submission on the National public service portal or the SBV’s public service portal (if the investor is a credit institution);

b) Direct submission to the single-window section of the SBV (if the investor is a credit institution) or to the single-window section of the relevant SBV’s provincial branch (if the investor is not a credit institution);

c) By post.”.

b) Clauses 2a, 2b, 2c are added as follows:

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2b. All documents included in the electronic application are scanned copies of the original or physical original documents (in PFD format) or are filled out on the SBV’s public service portal.

2c. The investor shall assume responsibility for the accuracy and truthfulness of information provided in its submitted application.”.

c) Clause 4 is amended as follows:

“4. The SBV shall grant or refuse to grant approval of registration of outward investment-related foreign exchange transactions either in physical or electronic format within 10 working days from the receipt of an adequate and valid application.”.

2. Article 13 is amended as follows:

a) Clause 2 is amended as follows:

“2. The investor shall submit an application for registration of changes in outward investment-related foreign exchange transactions as prescribed in Article 12 of this Circular to the competent authority that has granted approval of registration of foreign exchange transactions or that has granted approval of the latest registration of changes in foreign exchange transactions adopting any of the following methods:

a) Online submission on the National public service portal or the SBV’s public service portal (if the investor is a credit institution);

b) Direct submission to the single-window section of the SBV (if the investor is a credit institution) or to the single-window section of the relevant SBV’s provincial branch (if the investor is not a credit institution);

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b) Clauses 2a, 2b, 2c are added as follows:

“2a. In case an application is submitted online through the National public service portal or the SBV’s public service portal, the submitted documents may bear digital signature in accordance with regulations of law on completion of administrative procedures by electronic means. If the National public service portal or the SBV’s public service portal failed or encountered a problem, and thus is unable to receive and exchange electronic information, the declaration, sending, receipt, exchange and response to information as well as return of application processing results will be made by post or directly at the single-window section the SBV’s provincial branch that has granted approval of registration of foreign exchange transactions or that has granted approval of the latest registration of changes in foreign exchange transactions.  

2b. All documents included in the electronic application are scanned copies of the original or physical original documents (in PFD format) or are filled out on the SBV’s public service portal.

2c. The investor shall assume responsibility for the accuracy and truthfulness of information provided in its submitted application.”.

c) Clause 4 is amended as follows:

“4. The SBV shall grant or refuse to grant approval of registration of changes in outward investment-related foreign exchange transactions either in physical or electronic format within 10 working days from the receipt of an adequate and valid application.”.

Article 4. Responsibility for implementation

The Chief of Office, the Director of the Foreign Exchange Management Department, heads of the SBV’s affiliated units, credit institutions, foreign bank branches and relevant organizations and individuals shall be responsible for the implementation of this Circular.

Article 5. Implementation   

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2. Applications which have been submitted to the SBV before the effective date of this Circular shall still be processed in accordance with the provisions of the Circular No. 16/2012/TT-NHNN, the Circular No. 34/2015/TT-NHNN and the Circular No. 12/2016/TT-NHNN.

3. Clause 15 Article 1 of the Circular No. 38/2015/TT-NHNN, Article 3 and Clause 4 Article 1 of the Circular No. 15/2021/TT-NHNN are abrogated.

PP. GOVERNOR
DEPUTY GOVERNOR




Pham Thanh Ha