Circular 16/2014/tt-Nhnn: Guide To Using Foreign Currency Account, Vietnam Dong Accounts Of Residents, Who Do Not Reside At The Bank Be Allowed To

Original Language Title: Thông tư 16/2014/TT-NHNN: Hướng dẫn sử dụng tài khoản ngoại tệ, tài khoản đồng Việt Nam của người cư trú, người không cư trú tại ngân hàng được phép

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THE STATE BANK OF VIETNAM
Number: 16 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 1, 2014

IT ' S SMART

Guidance on the use of foreign currency accounts, the Vietnamese bronze account of the resident,

people who do not reside in the bank are allowed

________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH11 December 13, 2005 and French Order No. 06 /2013/UBTVQH13 March 18, 2013 amendment, adding some of the provisions of the Foreign Exchange Ordination;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief of Foreign Exchange Management;

The Governor of the State Bank of Vietnam issued a Foreign Office for the use of foreign currency accounts, the Vietnamese currency of the resident resident of the non-resident resident of the bank.

What? 1. The adjustment range

1. This information instructs the use of a foreign currency payment account (later known as a foreign currency account), the payment account of the Vietnamese copper (later known as the Vietnam dollar account) at the authorized banks including:

a) The foreign affairs account of the resident, who is not residing as a personal organization;

b) The Vietnamese copper account of the non-resident is the organization, the individual who resides as a foreign individual.

2. The use of payment accounts in the following cases is made in accordance with the relevant other regulations of the Bank of Vietnam:

a) Foreign account, Vietnamese copper account for the service of capital transactions;

b) Foreign policy account;

c) The currency account of the country has the same border with Vietnam.

3. Other content related to foreign currency accounts, Vietnamese copper accounts are made in accordance with the relevant regulations of the law.

What? 2. Subject applies

1. Commercial Bank, the foreign bank branch business, which provides foreign exchange services (later called the permitted bank).

2. The bank is allowed, the non-bank credit organization is business, the foreign exchange service (later called the authorized credit organization).

3. The resident, who does not reside is the organization, personally using the foreign currency account at the authorized banks.

4. The non-resident is the organization, the individual, the resident who is a foreign individual using a Vietnamese copper account at the authorized banks.

What? 3. Use of a resident ' s foreign currency account organization

The resident is the organization that is used to use foreign currency accounts at the bank that is allowed to carry out the proceeds, the following genus:

1. Thu:

a) The foreign currency transfer from abroad moved in;

b) The foreign currency transfer payment of the export of goods and services from non-resident accounts is an open organization at the permitted bank in the country;

c) Nblisters of the organization ' s cash foreign currency withdrawal to employees traveling abroad but the expenditure not over at the bank is allowed to have withdrawn the money. When filing a cash currency in the account, the organization's program for the bank is allowed to be allowed in connection with the withdrawal of money from the account and the affidavit-the export of the store Customs on the number of cash currencies brought in. Entry-to-view entry of the store Customs is only valid for the organization to send cash deposits on foreign currency accounts for the period of 60 (sixty) days from the date of entry of the entry on the entry-entry.

d) Foreign revenues from domestic legal sources, including:

-From purchasing foreign currency transfers at licensed credit organizations;

-Income foreign currency transfers or filing a cash currency into account for cases of domestic foreign currency collected by the State Bank of Vietnam for foreign exchange use on Vietnamese territory.

2. Chi:

a) The wholesale cost for the credit organizations is allowed;

b) The transfer of money, payment for current transactions, capital transactions under the rule of law on foreign exchange management;

c) The genus in exchange for other types of foreign currency according to the regulation of the State Bank of Vietnam;

d) The genus converts to other payment tools in foreign currency;

I don't know.

e) Spending Transfers or withdrawing cash currency to pay wages, rewards, allowers for non-resident, resident are foreign individuals;

g) Money transfers, payment for transactions allowed in foreign currency by regulation of the State Bank of Vietnam for foreign exchange use on Vietnamese territory;

h) The transfer costs for other legal transactions under the rule of law on foreign exchange management.

What? 4. Using a resident ' s foreign currency account is personal.

The resident is the individual who is used with a foreign currency account in the bank that is allowed to make the proceeds, the following genus:

1. Thu:

a) The foreign currency transfer from abroad moved in;

b) The foreign currency transfer payment of the export of goods and services from non-resident accounts is an open organization at the permitted bank in the country;

c) A cash currency from foreign countries brought in. Cash foreign currency filed into account must have confirmation of the store Customs under the rule of law on foreign exchange management;

d) Foreign revenues from domestic legal sources, including:

-The occupiers are foreign individuals who are collected salaries, allowable bonuses, foreign currency purchases from the legal Vietnamese source;

-Other legal revenues under the rule of law on foreign exchange management.

2. Chi:

a) The wholesale cost for the credit organizations is allowed;

b) The transfer of money, payment for current transactions, capital transactions under the rule of law on foreign exchange management;

c) The genus in exchange for other types of foreign currency according to the regulation of the State Bank of Vietnam;

d) The genus converts to other payment tools in foreign currency;

He gave it to him according to the law of the law.

e) Withdrawal of cash currency;

g) It is moving abroad for the resident to be a foreign individual;

h) The move to deposit of foreign currency savings at the bank is allowed for residents to be Vietnamese citizens;

i) The cost of money, payment for transactions allowed in foreign currency by regulation of the State Bank of Vietnam for foreign exchange use on Vietnamese territory.

3. The use of foreign currency on the account to share inheritance is done according to the regulation of the relevant law.

What? 5. Using non-resident foreign currency accounts is the organization.

The non-resident is the organization that is used to use foreign currency accounts at the bank that is allowed to carry out receivable transactions, the following genus:

1. Thu:

a) The foreign currency transfer from abroad moved in;

b) The foreign currency shifted from the foreign currency account of the other non-resident in the country;

c) Nblisters of the organization ' s cash foreign currency withdrawal to employees traveling abroad but the expenditure not over at the bank is allowed to have withdrawn the money. When filing a cash currency in the account, the organization's program for the bank is allowed to be allowed in connection with the withdrawal of money from the account and the affidavit-the export of the store Customs on the number of cash currencies brought in. Entry-to-view entry of the store Customs is only valid for the organization to send cash deposits on foreign currency accounts for the period of 60 (sixty) days from the date of entry of the entry on the entry-entry.

d) Foreign revenues from domestic legal sources, including:

-From purchasing foreign currency transfers at licensed credit organizations;

-Income foreign currency transfers or filing a cash currency into account for cases of domestic foreign currency collected by the State Bank of Vietnam for foreign exchange use on Vietnamese territory.

2. Chi:

a) The wholesale cost for the credit organizations is allowed;

b) The transfer of money, payment for current transactions, capital transactions under the rule of law on foreign exchange management;

c) The genus in exchange for other types of foreign currency according to the regulation of the State Bank of Vietnam;

d) The genus converts to other payment tools in foreign currency;

I don't know.

e) Spending Transfers or withdrawing cash to pay wages, rewards, allowers for non-resident, resident are foreign individuals;

g) The genus moves abroad or transfers to the foreign currency account of another non-resident;

h) The cost of money exporting goods and services to the resident;

i) The cost of money, payment for transactions allowed in foreign currency by regulation of the State Bank of Vietnam for foreign exchange use on Vietnamese territory.

What? 6. Using non-resident foreign currency accounts is personal.

Non-resident persons are used to use foreign currency accounts at the bank permitted to carry out the proceeds, the following genus:

1. Thu:

a) The foreign currency transfer from abroad moved in;

b) A cash currency from foreign countries brought in. Cash foreign currency filed into account must have confirmation of the store Customs under the rule of law on foreign exchange management;

c) The foreign currency transfers from other non-resident foreign currency accounts in the country;

d) Procurement Currencies from other legal sources in the country, including:

-Liang, reward, subdue, foreign currency purchase from the legal Vietnamese supply;

-Other legal revenues under the rule of law on foreign exchange management.

2. Chi:

a) The wholesale cost for the credit organizations is allowed;

b) The transfer of money, payment for current transactions, capital transactions under the rule of law on foreign exchange management;

c) The genus in exchange for other types of foreign currency according to the regulation of the State Bank of Vietnam;

d) The genus converts to other payment tools in foreign currency;

He gave it to him according to the law of the law.

e) Withdrawal of cash currency;

g) The genus moves abroad or transfers to the foreign currency account of another non-resident;

) Cost money, payment for transactions allowed in foreign currency by regulation of the State Bank of Vietnam for foreign exchange use on Vietnamese territory.

3. The use of foreign currency on the account to share inheritance is done according to the regulation of the relevant law.

What? 7. Using the Vietnamese bronze account of the non-resident is the organization, the individual and the resident are foreign individuals.

The non-resident is the organization, the individual and the resident who is a foreign individual who is used with a Vietnamese contract at the bank permitted to carry out the proceeds, the following genus:

1. Thu:

a) Thu from the sale of foreign currency to the allowed credit organization;

b) Thu from legal sources in Vietnam, including:

-Collecting from the supply of goods, services;

-Income from salaries, bonuses, accessories, collection of fees;

-Other legal sources with the Vietnamese.

2. Chi:

a) Chi payment or cash withdrawal to spend in Vietnam;

b) The transfer of money, payment for current transactions, capital transactions under the rule of law on foreign exchange management;

c) Chi for, given the provisions of the law (for non-resident persons, persons residing abroad);

d) Foreign currency purchases at the credit organization are allowed to move abroad;

The order for other purposes is permitted by the Vietnamese law.

3. The use of the Vietnamese on the account of the non-resident is personal, the resident is a foreign individual to divide the inheritance made in accordance with the regulation of the relevant law.

What? 8. The foreign currency, the Vietnamese between the accounts of an account holder.

1. The resident, who does not reside is the organization, the individual who is transferred to the transfer of foreign currency transfers between the organization ' s foreign currency accounts, that individual opens at a different or open bank in the same system of a permitted bank, unless otherwise. The resident case is that the organization is not regulated by the regulation of the State Bank of Vietnam over the sale of the foreign currency of the Economic Group, the state corporation.

2. The non-resident is the organization, the individual and the resident are the foreign individual who is transferred to the South Vietnamese transfer between the government ' s Vietnam accounts, that individual opens at the bank that is allowed to be different or open in the same system. of a licensed bank.

What? 9. The responsibility of the credit organization permitted and the resident, the non-resident is the organization, personally

1. The credit organization is allowed to be responsible:

a) execute and guide the customer making the regulations at this message;

b) Regulation, examination, storage of documents and certificates fit to ensure that the actual transactions are performed properly and in accordance with the regulation at this message and the relevant regulations of the law.

2. Organization and other relevant individuals are responsible:

a) Make serious implementation of the regulations at this message;

b) The publication of the papers, evidence from the provisions of the credit organization is permitted upon the implementation of foreign exchange transactions and is held accountable to the law on the authenticity of the types of papers, certificates issued for the permitted credit organization.

What? 10. Waste Processing

The organization, the individual who violates the regulations at this message, depends on the nature and extent of the breach, which will be processed under the rule of law.

What? 11. Terms of execution

1. This message has been in effect since 15 September 2014.

2. Chief of Staff, Deputy Foreign Minister of Foreign Affairs, Head of related units of the State Bank of Vietnam, Director of the State Bank of the State Branch of the Provinces, the Central City of Central, Chairman of the Board, Chairman of the Council of the City. The Director General (Director) of credit organizations is allowed to take responsibility for the organization.

KT. GOVERNOR.
Vice Governor.

(signed)

The Emperor.