THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
12/TT-NH7
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Hanoi,
August 04, 1994
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CIRCULAR
GUIDING THE IMPLEMENTATION OF DECISION NO.396/TTG DATED AUGUST
4, 1994 OF THE PRIME MINISTER ON AMENDING SEVERAL ITEMS OF THE FOREIGN EXCHANGE
REGULATIONS IN NEW STAGE
To implement of Decision No :
396/TTG dated August 4, 1994 of the Prime Minister on amending several items of
the foreign exchange regulations in the new circumstances, the State Bank of
Vietnam hereby specifies the following guidance:
The institutions and entities mentioned in Decision No: 396/TTG constitute
enterprises (including fully foreign enterprise operating in Vietnam),
organizations and associations which are set up and operate under the existing
laws of Vietnam.
Institutions and entities may deposit their aggregate foreign exchange revenues
earned inside or outside the country into their accounts with those banks which
are licensed to do foreign exchange operations in Vietnam (The state-owned
commercial banks, the Bank for Investment and Development, joint-stock
commercial banks, joint-venture banks and foreign bank branches which are
referred hereunder as the Banks) in compliance with the following stipulations:
Those institutions and entities with export-import licenses and foreign
services licenses shall deposit all their foreign exchange revenues into their
foreign exchange accounts with the Banks in line with the duration as determined
in the economic contract.
Those institution and entities licensed by the State Bank of Vietnam as from
October 1st, 1994 to earn foreign exchange in their trading and service
activities and those institutions and entities with foreign exchange revenues from
such other sources as foreign aids, gifts, advertisement, exhibition .. or from
outside the country shall immediately deposit their daily foreign exchange
revenues into their foreign exchange accounts with the Banks.
1.1. Those
banks, financial companies which have not been permitted to open foreign
exchange account wish to open foreign accounts in foreign countries shall have
to meet several conditions and submit dossiers to the State Bank (the Foreign
Exchange Department) for permit to open foreign exchange accounts in foreign
countries under the following stipulations:
1.1.1. Condition:
a. Having foreign exchange
operation license granted by the Governor of the State Bank :
b. Having a minimum statutory
capital equivalent to 50 billion VND;
c. Having operated for at least
two years and operated profitably;
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e. Having the staffs who may be
qualified and competent to do international payment transactions.
1.1.2. Dossiers:
a. Application for opening
overseas foreign exchange accounts (see attachment 1)
b. The decision on establishment
and license of the banks.
c. Business registration
certificate.
d. The most recent annual report
with the attached opinion in writing of the Director of the provincial on
municipal branch of the State Bank in their locality, commenting on the
external operation ability of the Bank.
Within 15 days from the
reception of the complete dossiers, the State Bank shall consider to grant
accounts permits or to issue written reply to explain why the Bank or the
finance companies may not be granted the permit.
1.2. For the
civil aviation, maritime, post and insurance services and Vietnamese economic
entities which may have overseas to do business and production:
They shall submit to the State
Bank (the Foreign Exchange Department) the following dossier when they may wish
to open foreign exchange accounts overseas:
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b. The decision to establish the
enterprise;
c. Business registration
certificate;
d. Document of the authorities
of the foreign party which shall allow the Vietnamese party to sell transport
tickets in the former's home country (in the case of civil aviation and
maritime companies) ;
e. The clearing payment contract
signed with the foreign party (in the case post and insurance companies);
1.3. For those enterprises which
shall be set up and operated under the Law on Foreign Investment in Vietnam.
Pursuant to Circular No:
06/TT-NH7 dated September 18, 1993 of the Governor of the State Bank to guide
the implementation of Chapter X of Decree No:18/CP dated April 16, 1993 of the
Government specifying the implementation of the Law on Foreign Investment in
Vietnam.
1.4. Those Vietnamese economic entities
which may be permitted by the Prime Minister to base overseas to do business
and production shall submit the dossier including the documents as stipulated
in items a, b, c of Article 1.2. above-stated together with the Decision of the
Government and the document of the foreign party which shall permit the entity
to base overseas to do business and production.
The dossier applying for
overseas foreign exchange account permit of those institutions and entities
which shall be mentioned in Article 1.2, 1.3, 1.4 shall only be required for
the first time application for the overseas foreign exchange account permit
(Additional overseas foreign exchange accounts shall only need a single
application).
The State Bank shall be entitled
to ask institutions and entities to supplement their dossiers once it may find
any change in connection with the content and purposes of the activities of any
institution or entity.
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Within 30 days from the
reception of the complete dossier, the State Bank shall consider to grant
overseas foreign exchange account permits or to issue written reply to explain
why the institutions and entities may not be granted the permits.
The utilization of foreign
exchange in foreign countries by those institutions and entities as mentioned
in Article 1.2, 1.3, 1.4, above-stated shall be specified by the Governor of
the State Bank in the overseas foreign exchange account permits.
Those Banks, finance companies,
institutions and entities which shall be permitted by the State Bank to open
overseas foreign exchange accounts shall strictly comply with the foreign
exchange revenue and expenditure regime under the stipulations specified in
their permits.
They shall be obliged to make
monthly, quarterly and annual reports on the foreign exchange revenue and
expenditure developments of their overseas foreign exchange accounts to the
State Bank (the Foreign Exchange Department) and the State Bank branch in their
locality for knowledge and oversight.
1.5.Those institutions and
entities which may deposit foreign exchange with the Banks shall use foreign
exchange for the following purposes:
1.5.1. To make import and
service payments for foreign countries;
1.5.2. To make repayment for
foreign banking loans or foreign debts.
1.5.3. To contribute capital
resources to projects licensed under the Law on Foreign Investment in Vietnam.
1.5.4. To sell to those banks
and finance companies which shall be licensed to do foreign exchange
operations;
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1.5.6. To make foreign exchange
investment transfers to foreign countries under the Law on Foreign Investment
in Vietnam;
1.5.7. To make transfers to
foreign countries under the stipulations of Article 83, Chapter 10, Decree
18/CP dated April 16, 1993 of the Prime Minister on guiding the implementation
of the Investment Law (see attachment 3).
1.5.8. To make payments for
Vietnamese institutions in certain cases as stipulated in Article hereunder;
1.5.9. To make foreign exchange
drawdown (cash or cheque) for those employees of institutions or entities who
may be assigned to go abroad on business or to study, to make study tour or to
attend seminars and workshops or to pay for salary and wage, bonus and other
allowances for foreigners or Vietnamese residents who may work for foreign
institutions or enterprises under labour contracts.
Once the foreign exchange
payment order shall be made, the Banks shall check the relevant dossier as
stipulated in Circular No: 203/NH-TT dated October 31, 1991 of the State Bank
on guiding the implementation of Decision No: 337/HDBT dated October 25, 1991
of the Chairman of the Council of Ministers (currently Prime Minister) on a
number of foreign exchange control measures in the current circumstances;
Circular No:06/TT-NH7 dated September 18 of the Governor of the State Bank on
guiding the implementation of Chapter X of Decree No:18/CP dated April 16, 1993
of the Government on specifying the implementation of the Law on Foreign
Investment in Vietnam and the dossiers in connection with payment transactions
as stipulated in Article 7 hereunder.
2. The Director of the
provincial or municipal branch of the State Bank and the Directors of the Banks
shall calculate and determine the foreign exchange amount of enterprises and
entities (excluding those enterprises established and operated under the Law on
Foreign Investment in Vietnam) which may not be used temporarily in each
calendar quarter and notify banks and companies in the locality to buy the
foreign exchange amount as stated above.
2.1. The calculation and
determination of the required foreign exchange holdings of the entities for the
quarterly utilization and the temporary unused foreign exchange amount of a
quarter shall rely on the quarterly foreign exchange revenue and expenditure
plan (with reference to the actual foreign exchange revenue and expenditure
plan of the previous quarter).
Within each quarter should the
foreign exchange revenue shall exceed the expenditure of the institution or
entity, the State Bank Branch shall ask the institution or entity to sell the
expensive foreign exchange amount to the Bank. (currently this sale shall only
required for those institutions and entities which may have an excessive amount
of over one million USD or the same amount denominated in other foreign
currencies).
Other institutions and entities
which have foreign exchange balance equivalent to less than one million USD may
sell their foreign exchange to the Bank or finance company. The sale shall be
done under the existing foreign exchange mechanism.
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If one entity shall open foreign
exchange balance shall be the total of these balances.
After the consolidation of the
quarterly temporarily unused foreign exchange amount of the institutions and
entities, the provincial or municipal branch of the State Bank shall work with
the banks in their locality to buy the foreign exchange amount as stated above
for the official foreign exchange reserve fund or for the Banks.
3. The institutions and entities
(except the Banks and finance companies shall not directly buy and sale pay,
transfer and lend foreign exchange to each other in any form.
Foreign exchange payments may be
made to each other through the Banks in the following cases:
3.1. Payments for goods and
import-export consignment between the consignor and the consignee;
3.2. Foreign exchange transfers
between a single legal entity and units under this legal entity and vice-versa.
3.3. To buy insurance of various
types for import-export goods, air transport, maritime transport, oil and gas,
foreign investment projects and for foreign institutions and individuals.
3.4. Payments for international
air ticket, transport charges of goods, international baggage to organizations,
units acting as agents selling tickets for foreign airlines and maritime
agencies.
3.5. Payments for international
post charges for the institutions and entities which may be permitted to engage
in international post and telecommunication services;
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Those institutions and entities
which be licensed to run duty-free and service shops in favour of foreigners at
airports, seaports and the other places as permitted by the Prime Minister
shall continue to directly take foreign exchange payments from customers. They
shall also apply for new licenses or for the change of their old licenses under
the following stipulations:
4.1 Those institutions and
entities which may not have license to collect foreign exchange from their
goods and services shall submit dossier to the State Bank (the Foreign Exchange
Department) to apply for license. The dossier shall include:
a. Application for trading and
services to collect foreign exchange (see attachment 2) with the opinion of the
Director of the provincial or municipal branch of the State Bank.
b. The decision to establish duty-free
and service shops for foreigners at airports and seaports.
4.2. Those institutions and
entities which may be previously licensed to do trading and services for
foreign exchange shall change new licenses. The dossier to apply for the change
of new licenses shall include documents a and b in Article 4.1. above-stated
attached with previously-granted license (original copy). The dossier shall be
addressed to the State Bank at the latest in 30 days from the effective date of
this Circular.
Pending the new licenses,
institutions and entities which may run duty-free and service shops for
foreigners at airports and seaports shall continue to collect foreign exchange
from customers up to the date of the reception of new licenses issued by the
State Bank.
Within 15 days from the
reception of the above-mentioned complete dossier, the State Bank shall grant
license and change licenses to those institutions and entities which may
collect foreign exchange from their goods and services.
4.3. The Banks and Finance Companies
shall immediately expand the network of foreign exchange counters in such
required places as ports (i.e. airports, seaports, roads), tourist and trade
centers and those hotels which may accommodated of foreigners.
These foreign exchange counter which
shall be based outside banking transaction centers may use Vietnamese Dong to
buy foreign exchange from customers. They may not use foreign exchange to buy
Vietnamese Dong from customers. The foreign exchange counters at airport and
seaports may use foreign exchange to buy the remaining amount of Vietnamese
Dong from customers who shall have bought Vietnamese Dong for payment during
their stay in Vietnam.
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The foreign exchange
transactions for customers shall require convenience, safety and quickness. The
foreign exchange counters shall openly quote the exchange and rates carry along
the foreign exchange licenses.
4.4. The Banks may authorize
certain reliable and competent enterprises to act as their foreign exchange
agents. The contract to authorize foreign exchange transaction between the Bank
and the agent enterprises shall be made in a unified form provided by the State
Bank (attachment 4). The Bank shall send the authorized contract which shall be
signed with enterprises to the provincial or municipal branch of the State Bank
in the locality for management and monitoring.
The foreign exchange counters of
the institutions and entities shall be managed in terms of profession by the
authorizing Bank and shall be subject to the supervision of their foreign
exchange-linked operation as mentioned in this Circular by the Director of the
provincial or municipal branch of the State Bank in the locality.
The foreign exchange agent
commission shall be determined on the basis of the agreement between the
institutions and entities on the one hand and the Banks and Finance Companies
on the other.
4.5. The authorizing Banks shall
specify activities of the foreign exchange counters of the authorized
institutions and entities in line with the reality of the locality and in
strict compliance with existing foreign exchange control systems.
5. The Director of the
provincial or municipal branch of the State Bank shall be responsible for
monitoring and supervising the Banks, Finance Companies and the institutions
and entities in the locality to scrupulously implement the stipulations of this
Circular.
5.1. The Banks, Finance
Companies and those institutions and entities which shall be permitted by the
State bank to make foreign exchange linked transactions as mentioned in this
Circular shall be responsible for reporting their foreign exchange linked
activities to the provincial or municipal branch of the State Bank on the basis
of the following reporting requirements:
- Quarterly report shall be
submitted at the latest before the fifth day of the first month of the next
quarter;
- Annual report shall be
submitted at the latest before the 20th day of the first month of the next
year.
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- Quarterly report shall be
submitted at the latest before the 20th day of the first month of
the next quarter;
- Annual report shall be
submitted at the latest before the 30th day of the first month of the next year.
5.2. Those Banks, Finance
Companies, institutions and entities shall fail to strictly comply with the
stipulations of this Circular or fail to meet the reporting requirements
deadline shall on the basis of severity shall be subject either to administrative
measures under the administrative Punishment Ordinance or to legal proceedings
under the Civil Code.
This Circular shall take effect
as of October 1st, 1994. The articles of this Circular shall amend Article 5 of
Circular No:33/NH-TT dated March 15, 1989; Article 1, 2 and 5 of Circular
No:222/NH-TT dated October 20,1990, Article 1, 2, 3 and 5 of Circular 203/NH-TT
dated October 31,1991 of the State Bank on guiding the implementation of
foreign exchange regulations under Decree 161/HDBT dated October 18, 1988;
Instruction No:330/CT dated September 13, 1990 and Decision No:337/HDBT dated
October 25, 1991 of the Chairman of the Council of Ministers; The other
stipulations of the above-said documents which shall not be contrary to this
Circular shall continue to be implemented.
6. The Ministries, Agencies and
Services under the Central Government, the Provincial and Municipal People's
Committees by their Functions and duties shall coordinate in implementing this
Circular.
FOR
STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Le Van Chau
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FORM
OF APPLICATION FOR OPENING AN OVERSEAS ACCOUNT
Name
of the enterprise
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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APPLICATION FOR OPENING AN OVERSEAS
FOREIGN EXCHANGE ACCOUNT
To
the Sate bank of Vietnam (the Foreign Exchange Department)
Name of the enterprise
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External contact name (if any)
Head Office
Tel
Telex
Fax
Foreign exchange deposit account
number
With the Bank
includes:
Account number Type of account
With the Bank
Type of foreign currency
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ATTACHMENT 1
FORM
OF APPLICATION FOR OPENING AN OVERSEAS ACCOUNT
Name
of enterprise
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Hanoi,
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FOREIGN EXCHANGE ACCOUNT
To
the State Bank of Vietnam (the Foreign Exchange Department)
Name of enterprise
Under given authority
External contact name (if any)
Head Office
Tel
Telex
Fax
Foreign exchange deposit account
number
With the Bank
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Address
Tel
Telex
Fax
on the following purpose
The State bank of Vietnam is
requested to consider and grant license to the enterprise to open a foreign
exchange account with the Bank on the basis of the above-mentioned purpose.
We undertake to scrupulously
comply with the existing regulations on foreign exchange control of the State
and bear full responsibility before law for all misconduct of the enterprise.
The attached dossier
Employer of the enterprise
includes:
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ATTACHMENT 2:
FORM
OF APPLICATION FOR FOREIGN EXCHANGE COLLECTION FROM TRADE AND SERVICES
Name
of enterprise
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Hanoi,
APPLICATION FOR LICENSE OF FOREIGN EXCHANGE
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To
the State Bank of Vietnam (the Foreign Exchange Department)
Name of the enterprise
Under given authority
External contact name (if any)
Head Office
Tel
Telex
Fax
Foreign exchange deposit account
Number
With the Bank
In case of having an overseas
account, please specify:
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With the Bank Type of foreign
currency.
The enterprise applies for
convertible foreign currency collection from trade and services with the
following details:
The State Bank of Vietnam is
requested to consider and grant license to the enterprise for foreign exchange
collection from trade and services as stated above.
We undertake to scrupulously
comply with the existing regulations on foreign exchange control of the State
and bear full responsibility before law for all misconduct of the enterprise.
Employer of the enterprise
Written opinion of the Director
of the State Bank branch in the
locality
ATTACHMENT 3:
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Name
of the enterprise
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Hanoi,
APPLICATION FOR INVESTMENT RESOURCE OUTFLOW
To
the Sate Bank of Vietnam (the Foreign Exchange Department)
Name of the enterprise
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External contact name (if any)
Head Office
Tel
Telex
Fax
Foreign exchange deposit account
number
With the Bank
The enterprise applies
transferring to (name of the country) an amount of to implement the investment
project licensed by the State Committee on Cooperation and Investment in Permit
No: issued on
The State Bank of Vietnam is
requested to consider and grant license to the enterprise to transfer to
foreign country to implement the investment project as stated above.
We undertake to scrupulously
comply with the existing regulations on foreign exchange control of the State
and remit on the timely basis the capital and the profit earned from overseas
investment activities.
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Employer of the enterprise
Attached dossier includes: