THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.70/2014/ND-CP
|
Hanoi, July 17,
2014
|
DECREE
DETAILING
THE IMPLEMENTATION OF SEVERAL PROVISIONS OF THE ORDINANCE AND THE AMENDED ORDINANCE
ON THE FOREIGN EXCHANGE
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on the State Bank of Vietnam
date June 16, 2010;
Pursuant to the Law on Credit Institutions dated
June 16, 2010;
Pursuant to the Ordinance on the foreign
exchange dated December 13, 2005 and the amended Ordinance on the foreign
exchange dated March 18, 2013;
At the request of the Governor of the State Bank
of Vietnam,
The Government
hereby promulgates this Decree on detailing the implementation of several
provisions of the Ordinance on the foreign exchange and the amended Ordinance
on the foreign exchange.
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GENERAL PROVISIONS
Article 1. Governing scope
1. This Decree provides for the specific
implementation of several provisions of the foreign exchange Ordinance and the
amended foreign exchange Ordinance in respect of foreign exchange transactions
of residents and non-residents in the territory of the Socialist Republic of
Vietnam.
2. Issues regarding the management of foreign-exchange
reserves; gold trade; the Government’s foreign loan, repayment of the
Government’s unsecured foreign debts; the Government’s foreign loans and
repayment of the Government’s secured foreign debts as well as the handling of
any violation against regulations on foreign exchange transactions shall be
governed by other relevant laws promulgated by the Government.
Article 2. Applied entities
1. Organizations or individuals are residents or
non-residents performing their foreign exchange transactions in Vietnam.
2. Organizations or individuals are residents
involved in the management, inspection, supervision and handling of violations
of foreign exchange transactions.
Article 3. Application of laws on foreign
exchange, international treaties, foreign laws and international practices
1. Foreign exchange transactions must comply with
regulations of this Decree and other relevant laws.
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3. Whenever any foreign exchange transaction is not
regulated by Vietnam laws, parties can agree on applying foreign laws and
international practices provided that this application is not in breach of
basic principles specified in Vietnam laws.
Chapter II
SPECIFIC PROVISIONS
Article 4. Liberalization of current
transactions
In the territory of Vietnam, all of non-current
payment and money transfer transactions of residents and non-residents are
freely performed in accordance with regulations of this Decree and other
relevant laws to follow the principles below:
1. Residents, non-residents are entitled to
purchase, remit and carry foreign currency overseas to serve the demands for
payment and money transfer of current transactions.
2. Residents, non-residents are responsible to
submit required records as regulated by credit institutions upon purchase,
transfer and carry of foreign currency overseas to perform current transactions
as well as take legal responsibility for the authentication of these records
provided for authorized credit institutions.
3. Upon purchase, transfer and carry of foreign
currency overseas to perform current transactions, residents and non-residents
do not need to present any record regarding the confirmation of fulfillment of
their tax obligations in Vietnam.
Article 5. Foreign currency payment and transfer
regarding imported and exported goods and services as well as other current
sources
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2. Foreign currency payment and transfer regarding
imported and exported goods and services must be performed by wire transfer
through authorized credit institutions.
Article 6. Money transfer from foreign countries
to Vietnam
1. Foreign currency receipts of residents as
organizations earned from such transfer process must be deposited into foreign
currency accounts opened at authorized credit institutions or sold to these
credit institutions.
2. Foreign currency receipts of residents as
individuals earned from such transfer process must be deposited into foreign
currency accounts or used as cash withdrawals to serve for the purposes
regulated in Article 13 of this Decree.
Article 7. Money transfer from Vietnam to
foreign countries
1. Residents as organizations are entitled to
perform money transfer from foreign countries to serve the purposes of aids,
grants or others as stipulated by the State Bank of Vietnam.
2. Residents as Vietnamese citizens are entitled to
purchase, transfer and carry foreign currency overseas according to regulations
specified by the State Bank of Vietnam to serve the following purposes:
a) Overseas study and medical healthcare;
b) Overseas business trips, tourism and travels to
visit friends or families;
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d) Grants provided for relatives living overseas;
d) Money transfer of an inheritance to heirs living
abroad;
e) Money transfer in case of people who settle
overseas;
g) One-way money transfer in case of other legal
demands.
3. Non-residents and residents are foreigners who
keep foreign currency in their accounts or legal receipts remitted or carried
overseas; in case they own legal receipts in Vietnamese dong, they are allowed
to purchase foreign currency to remit and carry overseas.
4. Authorized credit institutions are responsible
to examine records and documents submitted by residents and non-residents for
the purchase, transfer and confirmation of their personal foreign currency or
an amount of foreign currency purchased from authorized credit institutions to
carry abroad, depending on actual and proper requirements for each money
transfer transaction.
Article 8. Opening and use of direct investment
accounts
1. Residents as foreign
direct investment enterprises and foreign investors who are involved in the
business cooperation agreement (hereinafter collectively referred to as foreign
investment enterprise) must open foreign currency accounts for the direct
investment at 01 (one) authorized credit institution to perform the receipt and
expenditure transactions regarding the FDI activities in Vietnam.
2. In the event that the
investment is paid in Vietnamese dong, residents as foreign investment
enterprises are entitled to open 01 (one) Vietnamese dong account for the
direct investment at authorized credit institutions where foreign investment
enterprises have open the foreign currency account for the direct investment in
accordance with regulations stated at Clause 1 of this Article to perform the
legal transaction of foreign currency receipts and expenditures regarding the
foreign direct investment in Vietnam.
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Article 9. Transfer of earnings created by
direct investments from Vietnam to foreign countries
If there are demands for the transfer of legal
Vietnamese dong revenues created by the direct investments in Vietnam to
foreign countries, foreign investors are allowed to purchase foreign currency
at authorized credit institutions and transfer this foreign currency amount
overseas within the period of 30 (thirty) working days from the date of foreign
currency purchase.
Article 10. Residents as securities offering
organizations in foreign countries
1. When being allowed to issue foreign currency
securities in foreign countries in the form of bonds, residents as
organizations must observe current laws and regulations on the management of
borrowing and foreign debt repayment as well as other relevant laws.
2. Whenever foreign currency securities offering in
the form of stocks, investment fund certificate and other securities in foreign
countries are allowed, residents as organizations must open one account of
foreign currency securities capital at one authorized credit institution as
well as perform the transactions of foreign currency receipts and expenditures
regarding the securities offering through this account as stipulated by the
State Bank of Vietnam
Article 11. Non-residents as securities offering
organizations in Vietnam
1. Non-residents as organizations are only allowed
to release Vietnamese dong securities in the territory of Vietnam on condition
that they must adhere to laws on securities and other relevant legal
regulations.
2. Whenever their securities offerings are licensed
in Vietnam, non-residents as organizations must open 01 (one) Vietnamese dong
account of securities offering capital at 01 (one) authorized credit
institution to perform the transactions of Vietnamese dong receipts and
expenditures regarding the securities offering through this account as
stipulated by the State Bank of Vietnam.
Article 12. Opening and use of foreign currency
accounts in foreign countries held by residents as organizations
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1. Economic organizations that establish their
agencies and representative offices overseas or wish to open foreign currency
accounts overseas to obtain loans and fulfill their contract commitments and
obligations to foreign parties.
2. Regulatory agency, the armed forces unit,
political organization, socio-political organization, socio-occupational
political organizations, social organization, socio-occupational organization,
social fund and charity fund in Vietnam wish to open foreign currency accounts overseas
in order to receive foreign grants and aids or others licensed by Vietnam's
competent agencies.
Article 13. Use of personal foreign currency
cash
1. Individual residents, non-residents have the
rights to keep, carry, give, present, inherit and sell foreign currency cash to
authorized credit institutions, transfer it overseas as regulated in this
Decree, and pay it to any entity eligible for the receipt of foreign currency
cash.
2. Residents as Vietnamese citizens are eligible to
use foreign currency cash to open foreign currency savings account at
authorized credit institutions, withdraw interest and savings amount of
currency which they have deposited.
Article 14. Vietnam’s foreign currency market
1. Foreign currency market is the place where the trading
of various foreign currencies occurs. Entities involved in the foreign currency
market consist of the State Bank of Vietnam, authorized credit institutions and
clients as residents or non-residents in Vietnam.
The State Bank of Vietnam provides for standards,
modes and types of foreign currency transactions on foreign currency market.
2. Inter-bank foreign currency market is considered
the marketplace where the transactions between the State Bank of Vietnam and
authorized credit institutions or between credit institutions take place. Those
who participate in inter-bank foreign currency market perform the trading of
foreign currency in the modes and types of transactions that participants agree
on and promise between them in conformity with international practices and
regulations of the State Bank of Vietnam
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1. Vietnamese dong exchange rate is formed on the
basis of foreign currency demand and supply on the state-controlled market. The
State Bank of Vietnam shall regulate the exchange rate through the use of
monetary policies and take measures to control transactions on the foreign
currency market.
2. Vietnamese dong exchange rate system is a
managed floating system that the State Bank of Vietnam defines on the basis of
a basket of currencies of countries that establish a cooperation of commerce,
loaning, debt repayment and investment with Vietnam, which conforms to
macroeconomic objectives in each period.
Article 16. Document inspection
Authorized credit institutions and other
organizations eligible to perform foreign exchange transactions are responsible
to examine, review and keep any relevant document and record during actual
transactions to ensure that the supply of foreign exchange services serve the
right purpose and complies with legal regulations.
Article 17. Satisfaction of demands for foreign
currency for current account transactions
Within the existing amount of foreign currency,
authorized credit institutions are responsible to satisfy the demand of
residents and non-residents for foreign currency to perform current payment
transactions, depending on the actual demand of each transaction.
Article 18. Inspection, supervision and report
1. Authorized credit institutions and other
organization eligible to perform foreign exchange transactions are subject to
inspection, supervision and adhere to the report requirements as regulated by
the State Bank of Vietnam.
2. Rights and obligations of authorized credit
institutions in terms of report and information
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b) Request clients to provide their information for
the purpose of collecting data and information regarding foreign exchange
transactions;
c) Protect the confidentiality of information
defined as the secret list of the banking sector.
3. Rights and obligations of organizations and
individuals in terms of report and information
a) Organizations, individuals involved in foreign
exchange transactions are obliged to provide information and data if required
by the State Bank of Vietnam and authorized credit institutions in the deadline
as regulated in current laws on the foreign exchange;
b) Organizations,
individuals have the right to request authorized credit institutions to provide
instructions on the compliance with foreign exchange management policies.
Article 19. Regulations on information and
report
1. Responsibilities of the State Bank of Vietnam:
a) Release regulations on report, analysis,
forecast and publicize information on foreign exchange transactions;
b) Direct and cooperate with Ministries and
regulatory agencies to collect information and data for the State management of
foreign exchange and make balance of international payments.
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Ministries, ministerial-level agencies, the
Government’s bodies, the People’s Committee of centrally-governed cities and
provinces within the scope of their power shall be responsible to report
information and data about foreign exchange transactions to the State Bank of Vietnam
for the State management of foreign exchange and the establishment of balance
of international payments.
Chapter III
IMPLEMENTATION
Article 20. Effect
1. This Decree comes into effect from September 05,
2014.
2. This Decree shall supersede the Decree
No.160/2006/ND-CP dated December 28, 2006 of the Government on detailing the
implementation of the Foreign Exchange Ordinance.
Article 21. Implementation responsibility
The Governor of the State Bank of Vietnam,
Minister, Heads of ministerial-level agencies, Heads of Governmental agencies,
the Presidents of People’s Committees of centrally-affiliated cities and
provinces, relevant organization and individual are responsible for the
implementation of this Decree./.
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PP. THE
GOVERNMENT
PRIME MINISTER
Nguyễn Tấn Dũng