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Circular 20/2015/tt-Nhnn: Regulating The Opening And Use The Foreign Currency Account Abroad Of Residents Is Held

Original Language Title: Thông tư 20/2015/TT-NHNN: Quy định việc mở và sử dụng tài khoản ngoại tệ ở nước ngoài của người cư trú là tổ chức

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THE STATE BANK OF VIETNAM
Number: 20 /2015/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 October 2015

IT ' S SMART

Regulation of open employment and use of foreign currency accounts The resident is t socket Ch. Come on c

__________________________

Law Base. Yes. I don't know. Stain. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47/20. 1 0/QH12 on 16 th Ah! 6 in 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH December 13, 2005 and France l Change socket i, b socket Add a Stain. Go. Okay. No, no, no, no. Stain. I'm Stain. 06 /2013/UBTVQH13 March 18, n What? 2013;

Base of Protocol 156 /2013/NĐ-CP November 11 11 2013 Government rules for function, mission, rule, and Okay. Limit and muscle All A socket function of the State Bank of Vietnam;

Base of Decree Stain. 70 /2014/ND-CP July 17, 2014 of Ch I'm The government rules out some of the provisions of the Foreign Office. Stain. i and the French socket i, b socket Some go. Okay. Of the foreign exchange ordinance.

On the recommendation of the Secretary of State for Foreign Affairs. Stain. i;

The Governor of the State Bank of Vietnam issued the Information Regulations which regulates the opening and use of foreign currency accounts of the resident. l Oh. socket The office

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

This information regulates the opening and use of foreign foreign currency accounts of the occupiers, including:

1. The credit organization, the foreign bank branch is allowed to operate foreign exchange (later called the authorized credit organization).

2. Economic Organization (not including credit organization).

3. Other organizations include: state agency, armed forces unit, political organization, political organization-social organization, social political organization-profession, social organization, social organization-profession, social fund, Vietnamese charity fund operating at the University of the United States and the United States. Vietnam.

What? 2. The open cases and the use of foreign currency accounts of the credit organization are allowed.

1. The credit organization is allowed to carry out foreign exchange practices under the license of the State Bank of Vietnam (later known as the State Bank) opened and used foreign currency accounts for carrying out foreign exchange activities in the country. It is agreed that the State Bank is approved by the State Bank and the law of the country at the opening of the foreign currency account, not the procedure of applying for an open license and the use of foreign currency accounts according to this provision.

2. The case of implementing a foreign loan in accordance with the existing regulation of the law, the credit organization is allowed to be opened and used foreign currency accounts to make a foreign loan under contract or the agreement signed with the lender. Foreign foreign currency is to open foreign loans and rule the law of the country at the opening of a foreign currency account, not a procedure for opening and use of foreign currency in accordance with the regulation of foreign currency. at this point.

3. After being opened by the State Bank to open and use foreign currency accounts (later known as a License), the credit organization is allowed to be opened and used foreign currency accounts according to regulatory content in the license, Decision, and Management. the amendment, the addition of the License (if any), the regulation at this message and the rule of the domestic law where the credit organization is allowed to open an account in the following cases:

a) The credit organization is allowed to open and use foreign currency accounts in order to meet the conditions for the establishment and operation of the representative office, branch, bank of 100% of foreign capital according to the rule of the state law;

b) The credit organization is allowed to open and use foreign currency accounts to serve the operation of the representative office abroad.

What? 3. Open cases and use of foreign currency accounts of the fishermen. Yeah. Residence is the economic organization.

After being licensed by the State Bank, the economic organization is open and used in foreign currency accounts according to regulatory content in the license, the Decision to amend, the addition of the License (if any), the regulation at this Smart and the rule of law. the country where the economic organization opens the account in the following cases:

1. Economic Organization to open and use foreign currency accounts in order to meet the conditions for the establishment and operation of the branch, the office representing the provisions of the state law.

2. The Open Economic Organization and the use of foreign currency accounts cater to the operation of the branch, the representative office abroad.

3. Enterprise, cooperative, cooperative association (later known as foreign borrower) opens and uses foreign currency accounts to make foreign loans under agreement with foreign loans.

4. Investment in investment is particularly important under the Government program; the investment business in the form of a public partnership (PPP) opens and uses offshore accounts to make commitments with foreign parties.

5. The Open Economic Organization and the use of foreign currency accounts to make commitments, agreements, contracts with foreign parties including contract for construction abroad; contract purchase contracts with foreign parties; commitments, agreements, contracts, contracts, contracts, contracts, contracts and contracts. other with foreign parties, does not include the opening and use of foreign currency accounts to make foreign loans at the request of foreign lenders.

What? 4. The open cases and use of foreign currency accounts of the other organization.

After being licensed by the State Bank, other organizations stipulated at paragraph 3 Article 1 This message is open and use of foreign currency accounts in accordance with regulatory content in the license, the Decision to amend, the addition of the License (if any), rules. This is at the same time that the law is open to the institution in which the organization opens the account in cases to receive aid, foreign funding, or other cases licensed by the authorities of Vietnam.

What? 5. Time of License

The duration of the License (which is the shelf life of foreign currency accounts) is considered based on:

1. The validity period of the text provided by the competent authority abroad allows the organization to be established and the operation of the branch, the representative office abroad. In the case of text provided by the competent authority abroad that allows the organization to be established and the operation of the branch, the representative office abroad does not specify the statute of limitations, the duration of the maximum permit is no more than 03 (three) years from the date of rank. License; or

2. The validity of the foreign loan contract between the foreign lender and the foreign loan; or

3. The deadline for the implementation of commitments, agreements or the validity deadline of the contract with foreign parties; or

4. The deadline to receive aid, foreign funding; or

5. The deadline at the office of the country ' s jurisdiction allows the establishment and temporary operation for the organization to open foreign currency accounts in order to meet the establishment licensing conditions and branch operations, the representative office, the bank, and the government. 100% of the foreign capital according to the laws of the country. In the case of an overseas authority that does not issue an established license and temporary operation, the duration of the License is 1 (one) year from the date of the license level.

What? 6. The principle of filing a permit issued a license, the decision level amended, the addition of the License

1. The filing of the State Bank offer of the State of the License, the decision granting of the amendment, the addition of the License must be established as a ministry in Vietnamese, the case of records in foreign language must be translated into Vietnamese, the translation must be confirmed by the agent. The law of the organization, except for the stipulation of Article 3 of this.

2. For the replica record components, the organization filed a confirmation copy of the organization on the accuracy of the copy compared to the main one.

3. The case of applying for foreign currency accounts to serve the operation of the branch, the representative office abroad, the organization must carry out the procedure legalizing the consul under the current law of law on the text of the state ' s competent authority. Besides allowing the organization to open branches, the office represents overseas.

What? 7. Level authority, revoking the license and Decision to amend, repleny

1. The Governor of the State Bank decided to grant and revoking the license.

2. Governor of the State Bank of the State of the State of the State of the State of the State of the State of the Foreign Office grant the Decision To Amend, the addition of the License to the case of regulating content related to the opening and use of foreign currency accounts of the organization by regulation at Article This is 17.

Chapter II

PROCEDURE, PERMIT FILING

What? 8. Presentation, Procedal procedure

1. organizations (except for organizations stipulated at paragraph 1, paragraph 2 Article 2) when there is a need to open foreign currency accounts, based on regulation at Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15 and Article 16 This Article 1 (one) file sent via post office or directly directly to the State Bank (Foreign Exchange Management).

2. During the 15 (fifteen) days of work since the date of the receiving of valid records, the State Bank granted the license to Annex 03 of this attached to the organization. The case case is incomplete, valid, in a 7 (seven) date of work since the date received, the State Bank has a written request for the organization to add the case.

In the case of denial of a license, the State Bank of State notified by text to the organization stating the reason.

What? 9. The filing recommended issuing a license to meet the establishment and operation licensing conditions for the representative office, branch, bank of 100% of the foreign capital of the credit organization permitted by the government.

1. The application to issue a license issued by Annex 1 Attachments of this Information.

2. The established and operational license copy of the credit organization is allowed.

3. The State Bank ' s text copy of allowing the establishment of representative office, branch, bank of 100% of foreign capital.

4. The transcript accompanying the foreign language translation of the foreign party abroad proves that the credit organization must open an account in the country in order to meet the application for permission to establish and operate for the representative office, branch, bank of 100% of foreign capital. according to the rules of the law of the country.

5. The copy accompanying the Vietnamese language translation of the country ' s jurisdiction allows the establishment and temporary operation for representative office, branch, bank of 100% of foreign capital (if available).

What? 10. The filing recommended issuing a license to serve the overseas representative office operation of the authorized credit organization in the United States.

1. The specified file component at paragraph 1, paragraph 2 Article 9 of this.

2. The State Bank ' s text copy of the permission to establish a representative office abroad.

3. The copy accompanying the Vietnamese translation of the agency with foreign jurisdiction allows the establishment of a representative office abroad.

4. The decision on the establishment of a representative office abroad due to the legal representative of the credit organization is allowed to sign.

5. The decision to approve the annual cost to the operation of the representative office abroad due to the legal representative of the credit organization is allowed to sign.

6. Rules for the operation of the operation of the representative office abroad due to the legal representative of the authorized credit organization (if any).

What? 11. The filing recommended issuing licenses to meet the conditions for licensing of the establishment and cough. Yes. Dynamic for the branch, the office. Yes. The foreign area of the economic organization.

1. The application to issue a license issued by Annex 1 attached this message.

2. A copy of the Business Registration Certificate, Investment Registration Certificate, Establishment Permit, and other documents equivalent to the rule of law.

3. The accompanying foreign language translation of the foreign language translation demonstrates the economic organization must open an account in the country to meet the establishment and operation of the branch, the representative office abroad according to its provisions. State law.

4. The copy accompanying the Vietnamese language translation of the country's jurisdiction allows the establishment and temporary operation for the branch, the representative office (if any).

What? 12. The filing recommended issuing a license to serve branch operations, the foreign representative office of the economic organization of the country.

1. The specified file component at paragraph 1, paragraph 2 Article 11 of this.

2. The text copy of the agency has jurisdiction in Vietnam for permission or confirmation of the registration of the establishment of the branch, the representative office abroad.

3. The copy accompanying the Vietnamese translation of the agency with foreign jurisdiction allows the establishment of the branch, the representative office abroad.

4. The decision on the establishment of the branch, the representative office abroad due to the legitimate representative of the organization.

5. The decision to approve the annual cost for the operation of the branch, the representative office abroad due to the legitimate representative of the organization.

6. Regulation of the operating organization of the branch, the representative office abroad due to the legitimate representative of the organization (if any).

What? 13. The filing recommended issuing a license to serve the implementation of the foreign loan of foreign loans.

1. The specified file component at paragraph 1, paragraph 2 Article 11 of this.

2. The copy accompanying the Vietnamese translation of a foreign loan agreement on foreign loans signed with the foreign lender.

3. The copy accompanying the Vietnamese translation of a contract or agreement on the signed account or the text of the proof by foreign loans requires foreign loans to open foreign currency accounts in the event that this content is not in contract or contract. agreement on the account, which specifies the purpose of opening the account, the recording content, the account on the account and the deadline for the maintenance of the account.

4. The copy of the document confirming the registration, registration of a change of foreign loans of the Provincial State Bank, the central to the central city (later known as the State Bank of the Provincial Branch, the city) applies to the case of a foreign loan. In addition to the registration procedure, registration changes at the State Bank of the Provincial Branch State, the city.

What? 14. The filing recommended that the license level of the investment business is particularly important under the Government ' s program; the investment business in the form of a public partnership (PPP) opens the account to serve the implementation of the commitments with the foreign side.

1. The application to issue a license issued by Annex 1 attached this message.

2. copy of the investment registration certificate.

3. The document of the solution of the need to open the account in the country with the proof documents.

4. The copy with the Vietnamese translation contract or agreement on the account signed with the foreign side (if any).

5. Draft content, foreign currency spending on foreign currency accounts.

What? 15. Oh. The recommended issue of a license to serve the implementation of the commitments, agreements, contracts with foreign parties (excluding the opening and use of foreign currency accounts to carry out foreign loans at the request of foreign lenders)

1. The specified file component at paragraph 1, paragraph 2 Article 11 of this.

2. The copy accompanying the Vietnamese translation is committed, the agreement, the contract signed with the foreign side having the content of the agreement on opening foreign currency accounts or the copy of the foreign language translation by the foreign party required to open a foreign currency account. in foreign countries to make a commitment, agreement, contract in case this provision is not in the commitment, agreement, contract.

3. The decision to approve the cost of the cost of foreign currency is due to the legal representative of the organization.

4. The copy accompanying the translation of the Vietnamese language, documents related to the overseas tender in the case of the implementation of the contract abroad: the contract between the investment holder and the main contractor; the contract signed between the main contractor and the subcontractor or the contractors. The documents are related to other documents.

5. The documentation of the expected revenue from abroad transfers to the water with proven documents (if any) (in the case of the implementation of the contract abroad).

6. The copy of the audit editor or Temporary Registration Certificate of the competent authorities in Vietnam or the transcript accompanying the Vietnamese translation of the certificate of the competent authority abroad (in the case of the case). open foreign currency accounts to make contract purchases with foreign parties.

7. The document proves the foreign currency to make the purchase contract with the foreign side (in the case of opening foreign currency accounts for the implementation of a train purchase contract with the foreign side).

What? 16. File recommended license issued to receive aid, document of foreign countries or other cases with the authority of Vietnam ' s authority to allow other organizations to do so.

1. The application to issue a license issued by Annex 1 attached this message.

2. The decision copy of the competent agency of Vietnam on the establishment of the organization.

3. The text copy of the competent authority of Vietnam on the receiving (delivered) of funding, aid, or other related materials (if any).

4. The copy accompanying the foreign language translation of the foreign language on funding, aid in which requests to open an account abroad for funding, aid.

Chapter III

PROCEDURE, REVISED OFFER PROFILE, DOCUMENT PLUGIN

What? 17. The cases change, add the contents in the License.

1. The cases change, add the contents in the License:

a) Change the name of the organization to open the foreign currency account;

b) The amendment, the purpose of using the use of the account;

c) The amendment, the addition of the recording content, the genus on the account;

d) Increased (additional) to limit foreign currency transfer from domestic to foreign foreign currency accounts annually;

) To limit the amount of foreign currency accounts abroad;

e) Limited the shelf life in foreign countries;

g) Change the bank where the organization opens a foreign currency account when the purpose, scope and other content related to the use of foreign currency accounts does not change;

h) Change of bank transfers in Vietnam;

i) Change the currency to open foreign currency accounts.

2. Organization (except for the organization stipulated at paragraph 1, paragraph 2 Article 2) must carry out the procedures recommended by the State Bank, with the addition of a license to one or the content changes specified at 1 Article.

What? 18. The order, the procedure for the amendment, adds the License

1. Organization (except the organization stipulated at paragraph 1, paragraph 2 Article 2) has the need for revision, the addition of content in the License to set up 1 (a) specified filing order at Article 19 of this information sent via post or direct payment to the State Bank. the water (foreign exchange management).

2. During the 15 (fifteen) days of work since the full and valid adoption date, the State Bank granted the decision to amend, adding the contents of the license under Annex 04 attached to this. The case case is incomplete, valid, in a 7 (seven) date of work since the date received, the State Bank has a written request for the organization to add the case.

The rejected case, the State Bank (the Foreign Office of Foreign Affairs) announced by the letter to the organization stating the reasons.

What? 19. Profile of the amendment, supplemation of the License

1. Profile of the revised offer, the addition of the License to meet the application for permission to establish and operate for the representative office, branch, bank of 100% of foreign capital:

a) The application to grant the Decision to amend, the addition of the License by Annex 02 attached this message;

b) The solution text of the content changes accompanying the proof document;

c) The accompanying copy of the Vietnamese translation of the agency with foreign authority allows the establishment and operation of the branch, the representative office abroad (for the purpose of changing the use of the account, the addition of the annual transfer fee, the extension). deadlines of use of the account after having already been granted authority overseas authority to establish and operate officially for the branch, the foreign representative office of the economic organization, establishment licensing and official operation for the representative office of the local government. in the foreign country of the permitted credit organization);

d) The decision to approve the annual cost for the operation of the branch, the foreign representative office (for the purpose of changing the use of the account, the addition of a yearly transfer fee, extension of the use of the account after having already been made available by the agency) The authority abroad grants the establishment and official operation of the branch, the foreign representative office of the economic organization, the official licensing and operation licensing of the foreign representative office of the authorized credit organization);

The copy accompanying the Vietnamese translation of the competent agency in the foreign country allows for an extension of the branch's temporary operating deadline, overseas representative office, a bank of 100% of foreign capital or a program text of necessity. The account extension in the case of an overseas jurisdiction does not grant the establishment and temporary activities of the branch, the representative office abroad, the bank of 100% of the foreign capital (for the application to renew the account).

2. The filing of the revised offer, the addition of the License to serve the operation of the branch, the overseas representative office of the authorized credit organization, the economic organization:

a) The application to grant the Decision to amend, the addition of the License by Annex 02 attached this message);

b) The solution text of the content changes accompanying the proof document;

c) The decision to approve the annual cost for the operation of the branch, the foreign representative office (for the change, the addition of the annual transfer rate);

d) A copy of the Vietnamese translation of the competent agency of the authority abroad allows for the extension of the operation of the branch, the representative office abroad, or the solution document the need to renew the account in the case of a text. of the overseas jurisdiction which allows the operation of the branch, the representative office abroad does not specify the statute of limitations (for the case of an extension of the use of foreign foreign currency accounts).

3. The filing offers the amendment, the addition of the License to implement the foreign loan of foreign loans:

a) The application to grant the Decision to amend, the addition of the License by appendix 02 attached this message);

b) The solution text of the content changes accompanying the proof document;

c) A copy of the translation of the Vietnamese translation agreement to amend the account contract or the revised foreign exchange contract modification agreement concerning the changing of the content of foreign currency accounts (if any);

d) The situation reported using foreign currency accounts to the time of the decision to grant a revised decision, the addition of the pledge by the side of the Foreign Loan to the accuracy of the report;

The copy of the document confirming the registration of a foreign loan of the State Bank of the Provincial State, the city applies to the case of the amended content, the addition of the Certificate in connection with the change of foreign loan content has been made by the House Bank. The provincial branch of the province, the city confirmed the change.

4. Profile of the revised offer, the addition of the License of the investment business is particularly important under the Government's program; the investment business in the form of a public partnership (PPP) opens the account to make commitments with the foreign side:

a) The application to grant the Decision to amend, the addition of the License by Annex 02 attached this message;

b) The solution text of the content changes accompanying the proof document;

c) The copy accompanying the Vietnamese translation is committed, the agreement, the change contract/The revised Appendix signed with the foreign side concerning the content adjustment of the Open License and the use of foreign currency accounts (if any);

d) A copy of the foreign language translation of the foreign party required to adjust the open foreign currency account in the event that this provision is not in the commitment, agreement (if any).

5. Profile of the revised offer, the addition of the License to the implementation of the commitments, agreements, contracts with foreign parties (excluding the opening and use of foreign currency accounts in order to make foreign loans at the request of foreign lenders):

a) The application to grant the Decision to amend, the addition of the License by Annex 02 attached this message;

b) The solution text of the content changes accompanying the proof document;

c) The copy accompanying the Vietnamese translation is committed, the agreement, the change contract/The revised Appendix signed with the foreign side concerning the content adjustment of the Open License and the use of foreign currency accounts (if any);

d) A copy of the foreign language translation of the foreign party required to adjust the open foreign currency account in the event that this provision is not in the commitment, agreement (if any).

6. The filing of the revised offer, the addition of the License to receive aid, foreign funding or other cases is granted by the competent authorities of Vietnam to the other organization:

a) The application to grant the Decision to amend, the addition of the License by Annex 02 attached this message;

b) The text of the equation changes with the proof document.

What? 20.

1. The case of the lost license, tear, lost, damaged by natural disasters, unusable fire or other objective causes, the organization must submit 1 (a) the file order repetition of the license again by the submission form directly or sent via postal mail. electricity to the State Bank (Foreign Exchange Management). The profile consists of:

a) The application to regrant the License, which states the reason for the request to re-issue according to Annex 1 attached this message;

b) The license copy has been granted in effect (if any);

c) The document, the proof document of the license has been lost, torn, lost, damaged (if any).

2. The procedure, the procedure of granting the Executive License by regulation at paragraph 2 Article 8 of this.

3. The validity period of the license is granted in accordance with the time of the License or the revised Decision, the addition of the License (if any) granted at the most recent time.

What? 21. Processing of the filing offer of the license grant and the revised Decision, the addition of the License in the event of an organization to conduct administrative violations in foreign exchange activity.

During the process of filing the proposed license issue and the revised decision, the addition of the License, the case of the State Bank found that the organization had administrative violations in foreign exchange operations (including conduct not complying with the report regime), the operation said. consider the license-level of the License and the revised Decision, the addition of the License (if available) of the organization to be made after the completion of the administrative breach under the existing law of the law on the processing of administrative violations in the field of currency, banking.

Chapter IV

THE AUTOMATIC CASES ARE OUT OF EFFECT.

OF LICENSE AND LICENSE RECALL

What? 22. The automatic cases run out of the validity of the License and the revised Decision, the addition of the License

1. The license and decision to amend, the addition of the License (if any) of the organization automatically expires in the following circumstances:

a) expiration of the use of foreign currency accounts;

b) The organization does not open the account after 12 (twelve) months from the date of license issued;

c) Contract, commitment, agreement with the foreign side is cancelled; the representative office, the overseas branch that stops working at the expiration of the operating period of the account;

d) The document confirmed registration, registration changes the foreign loan of the borrower out of force;

The organization was opened by the State Bank of the State Bank to open account of the foreign currency to meet the conditions for licensing of the establishment and operation of the branch, the representative office, the bank of 100% of the foreign capital but the competent authority overseas. announced the refusal not to license the establishment and operation for the branch, the representative office, the bank of 100% of the foreign capital during the Time of the License is in effect;

e) The organization is divided, merged, united, dissolved, bankrupt in accordance with the rule of law;

g) The organization of the state authority has the authority to revoking the business registration certificate, Investment Registration Certificate, established Decision or text of equivalent value.

2. In the 30 (thirty) days of the day since the license expires in accordance with Article 1 Article, the organization is responsible:

a) Close the account and transfer the entire balance on the account (if any) of the country, at the same time the State Bank report (Foreign Exchange Management) and the Provincial State Bank of the Province, the city where the organization is headquartered (for the specified cases at the point). a, b, c, d, e, e and g.

b) Close the foreign currency account and move back to the full amount of money that has moved abroad under the license of the State Bank after subtracing the reasonable costs associated with the opening, closing of the organization ' s foreign currency account, at the same time. The bank accounts for the state bank of the State Bank (the foreign exchange management) and the provincial state bank, the city where the organization is headquartered (for the specified cases at the point of 1 Article).

What? 23. recall the license and decision to modify, repleny the license

1. The State Bank revoked the organization's license in the event of a competent criminal violation jurisdiction in the field of currency, the bank that applied the remediation measure was the question of having the authority to revok the organization's license.

2. In the 15 (fifteen) days of work since the date received the recommended recall of the organization ' s license from the person with the authority to sanctiate administrative violations in the field of currency, banking, the Foreign Office of the State Bank of the Bank of State issued. The decision to revoking the license, the amended Decision, adds the License (if any) of the organization by Annex 06 attached this message.

The license and Decision to modify, add a License (if any) of the organization expires since the date of the decision to revoking the license, the revised decisions, the addition of the License (if any) be enforced.

3. State Bank sends a document to revoking the license, the Decision to amend, the addition of the License (if any) to the organization to implement; Why send the document revoking the license, the revised decisions, the addition of the License (if any) to the State Bank of the State Branch, The city where the organization has its headquarters and credit organization is allowed to coordinate management, tracking.

4. In the 30 (thirty) deadline day of work since the date of the recall Decision took effect, the organization is responsible:

a) Close the account and transfer the entire balance on the account of the water;

b) The closing of the account for the State Bank (Foreign Exchange Management), the co-star sent to the State Bank of the provincial branch state, the city where the organization is headquartered;

c) Nfiled the original license, revised decisions, the addition of the License (if available) to the State Bank (the Foreign Exchange Management).

Vassa Please. g V

THE RESPONSIBILITY OF THE UNITS INVOLVED

What? 24. The responsibility of the units involved

1. The responsibility of the Foreign Exchange Management:

a) Take on the profile of the license granting of the License and the revised Decision, the addition of the organization's License;

b) The Governor of the State Bank considers the granting of the license, revoking the License and the revised decisions, the addition of the License (if any);

c) Consider the Decision to modify, add the License;

d) Take on, aggregate reports concerning the opening and use of foreign currency accounts of the organization;

) Tracking and conspiring to the Governor of the State Bank in the management, monitoring and handling of matters related to the opening and use of foreign currency accounts of the organization.

2. The responsibility of the Inspector Agency, the bank oversight:

a) Inspector, examination of the oversight of the open operation and the use of foreign currency accounts of objects within the regulatory extent of this Information pursuer to the rule of law and examination of the implementation of the regulations at this Notice under jurisdiction;

b) Processing, petitions for disposal of violations by law.

3. The responsibility of the State Bank branch of the provincial branch, the city:

a) The Bank of the State Branch of the province, the city that imples the inspector, examines oversight of the open operation and the use of foreign currency accounts of organizations on the site by jurisdiction;

b) The foreman, reminding organizations on the site to accept the report regime;

c) Processing, the petition to process violations by the rule of law by jurisdiction.

4. The responsibility of the credit organization is allowed:

a) Implemements of the examination, control of the documents, evidence from the organization of the program to ensure the transfer of money to the organization's foreign currency account, in accordance with the License and the revised Decision, the addition of the License and the provisions of the law. related;

b) Save the papers, the evidence associated with the foreign exchange transactions prescribed in this Information and the relevant legislation;

c) Detection Of Regulatory Violations at this Smart of the organization, promptly reporting the State Bank (Foreign Exchange Management Case) to take a measure;

d) Perform the seriousness of the regulations at this Smart, the provisions of the relevant law and the customer guidelines.

5. The responsibility of the organization (excluding the organization stipulated at paragraph 1, paragraph 2 Article 2 of this Information):

a) A quarterly periodic, prior to the first 10 months of the next quarter according to the report, organizations must submit a situation report using foreign currency accounts (according to the sample at appendix 05 issued by this information) on the State Bank (the Management Case). foreign exchange) and the State Bank of the State Branch, the city where the organization is based;

b) Perform the correct content of regulation at the License and the revised decisions, the addition of the License provided by the State Bank;

c) There is serious implementation of the regulations at this message and the provisions of the relevant law.

Chapter VI

EXECUTION CLAUSE

What? 25. transition regulation

1. The organizations that have been authorized by the State Bank to open and use foreign currency accounts prior to this date are valid under the implementation of the Open Decision and the use of foreign currency accounts and documents that approve of internal affairs. This change is related to this Decision (if any) of the State Bank.

2. For the changing content associated with the opening and use of foreign currency accounts that arise after this date is valid, the organization must carry out the revised proposal procedure, supplematuation of the prescribed license at this Smart.

What? 26. Don't I Well, c

1. This message has been in effect since December 15, 2015.

2. Repeal Article 2 Digital 25 /2011/TT-NHNN August 31, 2011 of the State Bank of the State Bank on the implementation of a simplification of the procedure for the simplification of the foreign policy of foreign exchange in accordance with the Government's Resolve Resolve for simplification of administrative procedures within the management functions of the State Bank.

What? 27.

Chief of Staff, Chief of Foreign Affairs Management, Head of State Bank related units, Director of State Bank of the State Branch of the provinces, Central City, Chairman of the Board, Chairman of the Board of Directors, President of the Ministry of Foreign Affairs. director (Director) of credit organizations are allowed to take responsibility for the organization's organization.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Thi Hong