THE
STATE BANK
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
1452/2004/QD-NHNN
|
Hanoi,
November 10th, 2004
|
decision
ON FOREIGN
EXCHANGE TRANSACTIONS OF CREDIT INSTITUTIONS THAT ARE PERMITTED TO ENGAGE IN
FOREIGN EXCHANGE ACTIVITIES
THE GOVERNOR
OF THE STATE BANK
- Pursuant to the Law on the State Bank of
Vietnam No. 01/1997/QH10 dated 12 December 1997 and the Law on the amendment,
supplement of several Articles of the Law on the State Bank of Vietnam No.
10/2003/QH11 dated 17 June 2003;
- Pursuant to the Law on the Credit Institutions No. 02/1997/QH10 dated 12
December 1997 and the Law on the amendment, supplement of several Articles of
the Credit Institutions No. 20/2004/QH11 dated 15 June 2004;
- Pursuant to the Decree No. 86/2002/ND-CP dated 5 November 2002 of the
Government providing for the function, assignment, authority and organizational
structure of the ministries, ministerial-level agencies;
- Upon the proposal of the Director of the Foreign Exchange Control Department,
DECIDES:
Article
1. Governing scope
This Decision shall govern foreign exchange
transactions of Credit Institutions that are permitted to engage in foreign
exchange transactions within the territory of Vietnam.
Article
2. Interpretation
1. Foreign currency is the currency of another
country or the common currency of several countries;
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3. Spot foreign exchange transactions
(hereinafter referred to as spot transactions) is a transaction where both two
parties carry out the purchase, sale of a volume of foreign currency at a spot
rate effective at the transaction time and complete the payment within 2 (two)
following working days;
4. Forward foreign exchange transactions
(hereinafter referred to as forward transactions) is a transaction where the
two parties commit to carry out the purchase, sale with each other of a foreign
currency volume at a determined rate and the payment will be made at a
determined point of time in the future;
5. Swap foreign exchange transactions
(hereinafter referred to as swap transactions) is a transaction where the
purchase and sale of the same volume of foreign currency (only two types of
currency are used in the transaction) are simultaneously made and the payment
term of the two transactions is different and the exchange rate of two
transactions is determined at the time the contract is signed;
6. Currency option transactions (hereinafter
referred to as option transactions) is a transaction between the option
purchasing party and the option selling party where the option purchasing party
has rights but not obligations to purchase or sell a determined volume of
foreign currency at a determined exchange rate within a pre-agreed period of
time. If the option purchasing party performs its rights, the selling party
shall be obliged to sell or purchase the foreign currency volume stated in the
contract at the exchange rate, which has previously been agreed;
In this Decision, the option transactions only
consist of transactions among foreign currencies (not related to VND).
7. Other foreign exchange transactions are
foreign exchange transactions permitted by the Governor of the State Bank to be
performed from time to time in line with the development of the foreign
exchange market.
Article
3. Types of foreign exchange transactions
1. Spot transactions
2. Forward transactions
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4. Option transactions
5. Other foreign exchange transactions in
accordance with provisions of the Governor of the State Bank from time to time.
Article
4. Subjects participating in foreign exchange transactions
1. Authorized CIs;
2. Economic organizations;
3. Other organizations and individuals;
4. The State Bank of Vietnam.
Article
5. Scope of foreign exchange transactions
1. Authorized CIs shall be entitled to carry out
the foreign exchange transactions as stipulated in Article 3 of this Decision;
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2.1. perform the foreign exchange transactions
as provided for in Article 3 of this Decision with economic organizations;
2.2. perform the option, forward, spot
transactions with other organizations and individuals;
3. Authorized CIs shall not be entitled to
purchase the options from economic organizations, other organizations and individuals;
4. Authorized CIs shall be entitled to perform
the foreign exchange transactions with other authorized CIs and the State Bank
in the inter-bank foreign currency market in accordance with the Regulations on
the organization and operation of the inter-bank foreign currency market.
Article 6.
Currency used in transaction and transaction exchange rate
General Directors (Directors) of authorized CIs
shall be entitled to stipulate foreign currencies their units can use in
transactions and exchange rates for foreign currencies in line with current
provisions of the State Bank.
Article 7.
Term of option, swap, forward transactions
1. Term of swap, forward transactions between
VND and foreign currencies shall be from 3 (three) to 365 (three hundred and sixty
five) days;
2. Term of option, swap, forward transactions
among foreign currencies shall be agreed upon by authorized CI and customers;
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Article
8. Transaction mode and transaction contract
1. The parties participating in the foreign
exchange transactions may perform transactions through telephone, via telex,
fax or other forms in accordance with provisions of authorized CIs, in line
with common rule of the foreign currency market and related provisions of
current laws;
2. Forms of transaction confirmation shall be
stipulated by authorized CIs in accordance with current laws and must ensure
the legal basis for the interests and obligations of the parties to the
transactions as well as for the accounting and disputes between the parties (if
any);
3. Contents of the foreign exchange contract
shall be agreed upon by the parties to the contract in accordance with current
provisions of applicable laws.
Article
9. Documents in the foreign exchange transactions
1. Economic organizations, other organizations
and individuals that use VND to purchase foreign currencies from the authorized
CIs through spot or forward transactions must present documents that provide
full information of the purpose, volume and type of foreign currency needed for
payment, the payment time in accordance with current provisions on foreign
exchange control;
2. Apart from transactions stated in Paragraph 1
of this Article, for other foreign exchange transactions, no document is
required to prove the purpose of foreign currency use;
3. The authorized CIs shall be responsible for
the verification of customers documents in accordance with current provisions
on foreign exchange control.
Article
10. Transaction fees
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2. Authorized CIs and customers shall agree on
and clearly state in the contract the level of transaction fees and the mode of
fee payment for the option transaction.
Article
11. Compliance with foreign currency position
1. Authorized CIs shall comply with the foreign
currency position in accordance with current provisions of the State Bank;
2. Authorized CIs shall be entitled to maintain
the total value of option contracts without counter transactions equivalent to
10% of their own capital at the maximum.
Article
12. Dealing with violation
Organizations, individuals that violate
provisions of this Decision shall, depending on the nature, seriousness of
violation, be subject to the administrative punishment in monetary area and
banking activity or prosecuted for criminal liability.
Article
13. Organization of the implementation and responsibilities for the
implementation
1. The Director of the Foreign Exchange Control
Department and Heads of units of the State Bank shall be responsible for the
implementation of this Decision;
2. The Director of the Finance- Accounting
Department shall be responsible for providing guidance on the accounts for the
accounting of foreign exchange transactions;
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4. General Directors (Directors) of authorized
CIs shall be responsible before the Governor of the State Bank for the organization
of the implementation of this Decision in their units.
Article
14. Effectiveness for implementation
This Decision shall be effective after 15 days
from the date of its publication in the Official Gazette and replace the
Decision No. 17/1998/QD-NHNN7 dated 10 January 1998 of the Governor of the
State Bank on the issuance of the Regulations on the foreign exchange
transactions.
THE GOVERNOR OF THE STATE BANK
Le Duc Thuy