STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Ordinance No. 06/2013/UBTVQH13
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Hanoi, March
18, 2013
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ORDINANCE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON
FOREIGN EXCHANGE CONTROL
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by the Resolution No. 51/2001/QH10;
Pursuant to the Resolution No.
07/2011/QH13 of the National Assembly, on the Program on formulation of laws
and ordinances in 2012 and adjustment to the program on formulation of laws and
ordinances in 2011;
The National Assembly Standing
Committee promulgates the Ordinance on amending and supplementing a number of
articles of the Ordinance on foreign exchange control No. 28/2005/PL-UBTVQH11,
Article 1.
To amend and
supplement a number of articles of the Ordinance on foreign exchange control:
1. To amend and
supplement clauses 2, 4, 6, 7, 11, 12 and 13 Article 4; suplement clause 20
into Article 4 as follows:
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a. Credit institutions, foreign
banks’ branches established and carrying on business activities in Vietnam as prescribed in Law on credit institutions;
b. Economic institutions not
being credit institutions, established and carrying on business activities
in Vietnam (hereinafter referred to as economic institutions);
c. State agencies, units of the armed
forces, political organizations, socio-political organizations, socio-political-professional organizations, social organizations,
socio- professional organizations,
social funds and charitable funds of Vietnam operating in Vietnam;
d. Representative offices in foreign countries of the entities stipulated in points a, b and
c this clause;
dd. Diplomatic representative agencies, consulate
representative agencies and representative agencies at international
organizations of Vietnam in foreign countries;
e. Vietnamese citizens residing in Vietnam; Vietnamese citizens residing overseas for a duration
of less than twelve (12) months; and Vietnamese citizens working for any of the organizations stipulated in points d and dd
this clause and the individuals accompanying such
citizens;
g. Vietnamese citizens travelling overseas for purposes of tourism, study, medical
treatment or visits;
h. Foreigners allowed residing in
Vietnam for a duration of
twelve (12) months or more.
For foreigners coming to Vietnam
for study, medical
treatment, tourism,
or to work for diplomatic
representative agencies, consulates or representative
agencies of international organizations in Vietnam, representative offices of foreign organizations in Vietnam
irrespective of term shall be cases not belong to subjects as residents;
i. Branches in Vietnam of foreign
economic institutions, forms of presentation in Vietnam of the foreign
parties joining in investment operations as prescribed by law on investment,
executive office of foreign contractors in Vietnam.”
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a. Direct investment;
b. Indirect investment;
c. Taking and repaying foreign loans;
d. Granting and collecting foreign loans;
dd. Other activities as prescribed by Vietnamese
law.”
“6. Payment and remittance of money for current transactions comprises:
a. Payment and remittance of money relating
to import and export of goods
and services;
b. Payment and remittance of money
relating to short term commercial credit loans and bank loans;
c. Payment and remittance of money
relating to income generated from direct and indirect
investments;
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dd. Payments of interest on and
instalment repayments of principal of foreign loans;
e. One-way money transfers;
g. Other payments and money transfers
as prescribed by the State bank of Vietnam."
“7. One-way money transfer means transactions of remittance
of money from overseas into Vietnam or vice
versa via a bank or public postal network of enterprises providing public postal services in
the nature of financial support, aid or assistance to
family relatives or for individual spending purposes and not related to payments for import and export of goods and services.”
“11. Authorized credit institutions
means banks, non-banking credit institutions and foreign banks’ branches authorized to conduct business and provision of foreign exchange
services in accordance with the provisions of this Ordinance”
“12. Foreign direct investment in Vietnam means the transfer of capital for investment and participation in the management of investment activities in Vietnam by foreign investors.”
“13. Foreign indirect investment in Vietnam means the
investment into Vietnam by foreign investors through purchase and sale of securities, other valuable
papers, contribution of capital and purchase of shares, and through securities investment
funds, other intermediary financial institutions in accordance
with the law of Vietnam but without direct participation in management of investment
activities.”
“20. Foreign exchange business
means foreign exchange activities of authorized credit institutions aiming to
the profit purpose, risk prevention and safety assurance, liquidity for
activities of those credit institutions.”
2. To supplement clause 5
into Article 8 as follows:
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3. Article 9 is amended and
supplemented as follows:
“Article 9. Carrying foreign currency cash,
Vietnamese dong cash and gold upon exit and entry;
export and import of foreign currency
1. On entry, residents and non-residents being individuals carrying foreign currency cash, Vietnamese dong cash and
gold in excess of the limits stipulated by the State Bank of Vietnam must declare with the border-gate customs agencies.
2. On exit, residents and
non-residents being individuals carrying foreign currency cash, Vietnamese dong
cash and gold in excess of the limits stipulated by the State Bank of Vietnam
must declare with the border-gate customs agencies and present papers as
prescribed by the State bank of Vietnam.
3. Residents being credit
institutions are entitled to implement export, import of foreign currency cash
after receiving written approval of the State bank of Vietnam. The State bank
of Vietnam shall provide on dosisers, orders of and procedures for acceptance
of activities of export and import of foreign currency cash of authorized
credit institutions."
4. Article 11 is amended and
supplemented as follows:
“Article 11. Foreign Direct Investment in Vietnam
1. Enterprises possessing foreign
direct investment capital, foreign investors joining contract of business
cooperation must open accounts of direct investment capital at an authorized
credit institutions. The
contribution of investment capital,
remittance of principal investment capital and profits and other lawful revenue must
be effected via these accounts.
2. Lawful revenue of foreign investors from activities of foreign direct
investment in Vietnamese may be used
for reinvestment or remittance abroad.
In case where the stated-above revenue is amount in Vietnam dong, they may be
used to buy foreign currency for remittance abroad at authorized credit
institutions.
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5. Article 12 is amended and
supplemented as follows:
“Article 12. Foreign indirect
Investment in Vietnam
1. Foreign investors being
non-residents must open indirect investment accounts in Vietnam dong for
implementation of indirect investment in Vietnam. Indirect investment capital in foreign currency must be converted into Vietnam dong for implementation
of the investment through
these accounts.
2. Lawful revenue of foreign
investors being non-residents from activities of foreign indirect investment in
Vietnamese may be used for reinvestment or buying foreign currency at
authorized credit institutions for remittance abroad.
3. The State bank of Vietnam shall
provide the oppening and use of accounts in Vietnam dong for implementation of
indirect investments and other lawful transactions of capital transfer relating
to indirect investment activities in Vietnam.”
6. Article 13 is amended and
supplemented as follows:
“Article 13. Capital sources
for offshore direct investment
Residents who are entitled
to conduct offshore
direct investment shall be permitted
to use the following
foreign exchange capital sources for
their investment:
1. Foreign currency on accounts at
authorized credit institutions;
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3. Foreign exchange from other lawful
capital sources in accordance with law.”
7. Article 14 is amended and
supplemented as follows:
“Article 14. Remittance of direct investment capital abroad
Resident
permitted to conduct offshore direct
investment
must open a foreign currency
account at an authorized credit institution and register remittance of foreign currency abroad for investment
through such account in accordance with regulations of the State Bank of Vietnam.”
8. Article 15 is amended and
supplemented as follows:
“Article 15. Remittance of capital
and profit from the offshore direct investment activities back into Vietnam
Capital, profit and lawfull revenue
from offshore direct investment in
accordance with the law on investment and other relevant laws must
be remitted back into Vietnam via a foreign currency account opened at an authorized credit institution.”
9. To supplement Article 15a at
behind of Article 15 as follows:
“Article 15a. Offshore indirect investment
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2. Residents not being credit institutions permitted to conduct offshore indirect investment
specified in clause 1 this Article conduct the opening and
use of account, remittance of investment capital abroad, remittance of capital, profit and other lawfull revenue from activities
of offshore indirect investment back into Vietnam in accordance with
regulations of the State Bank of Vietnam.”
10. Article 16 is amended and
supplemented as follows:
“Article 16. Borrowing
and repayment of foreign loans by
the Government
The
borrowing by the Government, authorization for other
organizations to borrow and repay foreign loans; guarantee for foreign loans
shall comply with regulations of law on
public debt management and other relevant laws.”
11. Article 17 is amended and supplemented
as follows:
“Article 17. Borrowing and repayment
of foreign loans by residents
1. Residents being enterprises, cooperatives, cooperatives unions, credit institutions and foreign banks’ branches shall be permitted to borrow
and repay foreign loans on the principle of self-borrowing
and self-repayment in accordance with law.
2. Residents being individuals shall
be permitted to borrow and repay foreign loans on the principle of
self-borrowing and self-repayment in accordance with regulations of the
Government.
3. When borrowing and repaying
foreign loans, residents must
comply with the conditions on borrowing and repayment of foreign loans, shall register the loans, shall open and use
accounts, shall withdraw capital and transfer money
for loan repayment and shall report
the use status of loans in accordance
with regulations of the State Bank of Vietnam.
The State Bank of Vietnam shall certify the registration of loans within the total commercial loan limit annually approved by the Prime Minister of the Government.
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5. Other lawful transactions of
capital transfer relating to activities of borrowing and repaying foreign loans
shall comply with regulations of the State bank of Vietnam and relevant laws.”
12. Article 19 is amended and
supplemented as follows:
“Article 19. Provision and
recovery of
foreign loans of residents being
credit institutions and economic institutions
1. Credit institutions shall be
permitted to provide
and recover foreign loans, grant guarantee
for non-residents in accordance with regulations of the State Bank of Vietnam.
2. Economic institutions shall be
permitted to provide foreign loans, except for export of goods and services of
deferred payment; to grant guarantee for non-residents when being permitted by
the Prime Minister.
The State bank of Vietnam shall guide
implementation of the opening and use of accounts, the
remittance of capital and recovery of foreign loans, registration of provision
of loans, recovery of foreign debts and other transactions of capital transfer
relating to activities of provision of loans, recovery of foreign debts by
economy institutions.”
13. Article 22 is amended and
supplemented as follows:
“Article 22. Provision on limited use of foreign exchange
Within the territory of Vietnam, all
transactions, payments, listings, advertisements, quotation, pricing, writing
price on contracts, agreements and other similar forms of residents and non-
residents must not be effected in foreign exchange except for cases permitted
in accordance with regulation of the State bank of Vietnam.”
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“ Article 23. Opening and
use of accounts
1. Residents and non-residents
shall be permitted to open foreign
currency accounts at authorized
credit institutions. The State Bank
of Vietnam shall provide the use of foreign currency accounts of the entities stipulated in this
clause.
2. Residents being
credit institutions shall be permitted
to open and use foreign
currency accounts overseas in order
to conduct foreign exchange
activities overseas in accordance
with regulations of the State Bank of Vietnam.
3. Residents being
organizations shall be considered for permission by the
State Bank of Vietnam to open foreign currency
accounts overseas in
the following cases:
a. Economy organizations which
have branches or representative
offices overseas or
which
wish to open a foreign currency
account overseas in order to receive loan capital, to fulfil undertakings or to perform contracts with foreign
parties;
b. State agencies, units of the armed
forces, political organizations, socio-political organizations,
socio-political-professional organizations, social organizations, socio-
professional organizations, social funds and charitable funds of Vietnam operating
in Vietnam which wish to open foreign currency accounts
overseas in order to receive foreign
aids and funding or other cases be permitted by competent agencies of Vietnam.”
15. Article 25 is amended and
supplemented as follows:
“Article 25. Use of Vietnam dong by
non-residents
Non-residents being organizations or individuals who earn Vietnam dong from lawful revenue sources shall
have the right to open accounts at authorized credit institutions.
The State Bank of Vietnam shall provide the use of Vietnam dong accounts
of the entities stipulated in this clause.”
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“Article 25a. Use of Vietnam dong by
residents being foreign individuals
Residents being foreign individuals
shall be permitted to open and use the Vietnam dong accounts at authorized credit institutions in accordance with regulations
of the State Bank of Vietnam.”
17. Article 26 is amended and
supplemented as follows:
“Article 26. Use of currencies
of countries sharing borderlines with Vietnam
Use
of currencies
of countries sharing borderlines with Vietnam shall comply with
regulations of International treaties to which the Socialist Republic of
Vietnam is a member and regulations of the State bank of Vietnam.”
18. To amend name of Chapter V
as follows:
"Chapter V - Foreign currency
market, foreign exchange rate mechanism, and management of gold being foreign exchange”
19. Clause 2 Article 28 is
amended and supplemented as follows:
“2. Members participating in the foreign currency market between authorized credit institutions and their
customers comprise authorized credit institutions and customers being
residents and non-residents
in Vietnam.”
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“2. The State Bank of Vietnam shall
announce the exchange rate, decide the exchange rates
regime, exchange rates operating mechanism.”
21. Article 31 is amended and
supplemented as follows:
“Article 31. Management
of gold being foreign exchange
The
State Bank of Vietnam shall manage
gold of state foreign exchange reserves; manage the import and export of gold in the form of bullion, bars, granules
and plate; manage gold on offshore accounts of residents in accordance with
law.”
22. Clause 4 and clause 5
Article 32 are amended and supplemented as follows:
“4. Gold managed by the State bank of
Vietnam”
“5. Other types of foreign exchange
of State.”
23. Article 34 is amended and
supplemented as follows:
“Article 34. Control of foreign exchange reserves of the State
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2. The Ministry of Finance shall inspect the management of the foreign exchange reserves of the State by the State Bank of Vietnam in
accordance with regulations of the Government.
3. The State Bank of Vietnam shall
periodically or ad hoc report to the Prime Minister on
management of foreign exchange reserves of the State.
4. The Government shall report to the Standing Committee of the National Assembly on any changes in the status of the foreign exchange
reserves of the State.”
24. Article 35 is amended and
supplemented as follows:
“Article 35. Foreign exchange
belonging to the State budget
1. The Ministry of Finance shall send
all foreign currencies of State Treasuries at the State bank of Vietnam.
2. The Prime Minister shall set the level of foreign currency
which the Ministry of Finance is entitle to retain from State Budget revenue in order to satisfy the demand for regular payments of foreign
exchange from the State Budget, the the Ministry of Finance shall buy the
remaining foreign currencies
to the foreign exchange reserves of State to concentrate at the State bank of
Vietnam.”
25. To supplement Article 35a
at behind of Article 35 as follows:
“Article 35a. Use of foreign exchange
reserves of the State
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26. To amend name of Chapter
VII as follows:
“Chapter VII – Business and provision
of foreign exchange services by credit institutions foreign banks’ branches and
other institutions”
27. Article 36 is amended and
supplemented as follows:
“Article 36. Principles for business
and provision of foreign exchange services
1. Credit institutions,
foreign banks’ branches and other institutions are entitled to do business and provide the domestic and offshore foreign
exchange services after they are approved in writing by the State bank of
Vietnam.
2. The State bank of Vietnam shall
provide for the scope of business and provision of domestic and offshore
foreign exchange services, conditions, orders and procedures for approval for
the business and provision of foreign exchange services of credit institutions,
foreign banks’ branches and other institutions.”
Article 2.
To annul
Article 38 of Ordinance on foreign exchange No. 28/2005/PL-UBTVQH11.
Article 3.
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2. The Government, the Prime Minister
and the State bank of Vietnam shall detail the assigned articles, clauses in
this Ordinance.
ON BEHALF OF
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nguyen Sinh Hung