Ordinance 06/2013/ubtvqh13: Modifying, Supplementing Some Articles Of The Ordinance On Foreign Exchange

Original Language Title: Pháp lệnh 06/2013/UBTVQH13: Sửa đổi, bổ sung một số điều của Pháp lệnh Ngoại hối

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NORMAL COMMITTEE OF CONGRESS
Number: 06 /2013/UBTVQH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 18, 2013

ORDINANCE

S Change, add some of the French Foreign Exchange Ordinal order

__________________

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Base of Resolution. 07 /2011/QH13 of the National Assembly of the Law Building Program, the 2012 ordinance and the regulation of the law building program, the 2011 ordinance;

The Permanent Committee of the National Assembly issued the revised ordinance, adding some of the provisions of the Foreign Exchange Ordinal 28 /2005/PL-UBTVQH11 Oh,

What? 1.

Modified, added some of the provisions of the Foreign Office order:

1. Modified, add 2, 4, 6, 7, 11, 12 and 13 Articles 4; add paragraph 20 on Article 4 as follows:

" 2. Resident. is the organization, the individual of the following objects:

a) Credit organization, the foreign bank branch established, operates in Vietnam by the provisions of the Law of Credit organizations;

b) The economic organization is not a successful credit organization. l shutter, business activity in Vietnam (then called the economic organization);

c) The state agency, the armed forces unit, political organization, political-social organization, social political organization-profession, social organization, social organization-profession, social fund, Vietnam charity work in Vietnam;

d) The foreign representative office of the regulatory institutions at the points a, b and c this paragraph;

The diplomatic representation agency, the consul representative body, the representative body at the international organization of Vietnam abroad;

e) Vietnamese citizens residing in Vietnam; Vietnamese citizens residing abroad have a deadline of less than 12 months; Vietnamese citizens working in regulatory organizations at the point of the d and point of this account and the individual following them;

g) Vietnamese citizens traveling, learning, healing and visiting abroad;

h) Foreigners were allowed to reside in Vietnam with a period of 12 months or more. For foreigners studying, healing, traveling or working for the diplomatic representation agency, the consul, the representative body of the international organization in Vietnam, the representative office of foreign organizations in Vietnam does not tell the deadline to be those schools. No, no, no, no, no.

i) The overseas branch of the foreign economic organization, the foreign-based forms of foreign countries are involved in the investment in accordance with the provisions of the law on investment, the executive office of foreign contractors in Vietnam. "

" 4. Capital transaction is the transaction of capital transfer between the resident with the non-resident in the following activities:

a) Direct investment;

b) Indirect investment;

c) Borrowing and paying foreign debt;

d) Lending and revoking foreign debt;

Other activities under the rule of Vietnamese law. "

" 6. Payment and money transfer to current transactions including:

a) Payments and transfers associated with export, import of goods, services; and more.

b) Payments and money transfers related to commercial credit and short-term bank loan;

c) The payments and transfers associated with income from direct and indirect investment; and the income.

d) The money transfers are allowed to reduce direct investment;

The payment of interest payments and the return to the original debt of foreign loans;

e) One-dimensional cash transfers;

g) Other payments and transfers according to the regulation of the State Bank of Vietnam. "

" Seven. A one-way transfer is the transactions that transfer money from foreign countries into Vietnam or from Vietnam abroad through the bank, through the public postal service of the business offering postal service that carries the funding of funding, aid or help of the family, using the government. Personal spending is not relevant to the payment of export, imports of goods and services. "

" 11. Credit organization allowed is the banks, non-bank credit organizations and foreign bank branches that are business, which provides regulatory foreign exchange services in this order. "

" 12. Foreign direct investment in Vietnam is the investment of foreign investors and participation in investment management in Vietnam. "

" 13. Foreign indirect investment in Vietnam is the investment of foreign investors investing in Vietnam through buying, selling securities, other price papers, capital contributions, equity purchases and through securities investment funds, other intermediated financial institutions under the rule of law that are not directly regulated by law. It ' s going to be an investment manager. "

" 20. Foreign exchange business is the foreign exchange activity of the credit organization that is allowed to target profits, prevention of risk and safety, liquidity to the functioning of that credit organization itself. "

2. Add paragraph 5 to Article 8 as follows:

" 5. The resident, who did not reside was not sent foreign exchange in the post. "

3. What? 9 modified, added as follows:

" Article 9. Bring the foreign currency, the Vietnamese and the gold when the appearance, entry; export, import foreign currency

1. The resident, who did not reside was the individual when the entry was carrying a cash currency, the Vietnamese currency and the gold on the provisions of the State Bank of Vietnam to declare the store customs.

2. The resident, who does not reside is personal when the appearance carries a cash currency, the Vietnam dollar cash and gold on the provisions of the State Bank of Vietnam must declare a store customs and document appearance under the provisions of the State Bank. -Vietnam.

3. The resident is a credit organization that is allowed to make export, importing cash currency after being approved by the State Bank of Vietnam. The State Bank of Vietnam provides for the record, sequence, procedure of approval of export operations, importing the cash currency of the authorized credit organization. "

4. What? 11 modified, added as follows:

" Article 11. Foreign direct investment in Vietnam

1. The business has foreign direct investment, foreign investors joining a business cooperation contract must open an investment capital account directly at a permitted credit organization. The capital investment, the transfer of the original investment, profits, and other legal receivuses must be made through this account.

2. The legal sources of foreign investors from foreign direct investment in Vietnam are used to reinvest, move abroad. The source of the above source is that the Vietnamese who want to move abroad are legally purchased at the credit organization.

3. Other legal capital transactions involving direct investment practices follow the regulation of the relevant legislation and in accordance with the guidelines of the State Bank of Vietnam. "

5. What? 12 modified, added as follows:

" Article 12. Foreign indirect investment in Vietnam

1. The foreign investor is the non-resident who has to open indirect investment accounts by the Vietnamese to make indirect investment in Vietnam. V. Indirect investment in foreign currency must be transferred to Vietnam to make investments through this account.

2. The legal sources of foreign investors are non-resident from indirect investment in Vietnam to be used to reinvest or buy foreign currency at the credit organization permitted to move abroad.

3. The State Bank of Vietnam regulates the opening and use of Vietnamese copper accounts for indirect investment and other legal capital transactions involving indirect investment in Vietnam. "

6. What? 13 modified, added as follows:

" Article 13. The source of direct investment abroad

When it is allowed to invest directly abroad, the resident is used following the following foreign exchange capital sources to invest:

1. The foreign currency on the account at the credit organization is allowed;

2. The foreign currency purchased at the credit organization was allowed;

3. Foreign exchange from other legal capital follows the rule of law. "

7. What? 14 modified, added as follows:

" Article 14. Move investment capital directly abroad

When it is allowed to invest directly abroad, the resident must open a foreign currency account at a credit organization permitted and register the implementation of foreign currency to invest through this account under the provisions of the State Bank of Vietnam. Male. "

8. What? 15 modified, added as follows:

" Article 15. Capital, profit from direct investment abroad in Vietnam.

Capital, profit and legal income from direct investment abroad under the rule of law on investment and other provisions of the relevant legislation moving to Vietnam must pass an open foreign account at the credit organization used by the United States. Yeah. "

9. Add Article 15a after Article 15 as follows:

" 15a. Indirect investment abroad

1. The credit organization is allowed to make indirect investment abroad by law on the investment and regulation of the State Bank of Vietnam.

2. When it is allowed to invest indirectly abroad, the resident is not a regulated credit organization at 1 Article which imples the opening and use of the account, which transfers foreign investment, capital transfer, profit, and other legal income from the country. Indirect investment in Vietnam by the provisions of the State Bank of Vietnam. "

10. What? 16 modified, added as follows:

" Article 16. Loan, foreign government debt

The Government loans, delegated to other organizations to implement loans, pay foreign debt; bail out the foreign loans that follow the provisions of the law on public debt management and other provisions of the relevant law. "

11. What? 17 modified, added as follows:

" Article 17. Loan, foreign debt of the resident

1. The resident is a business, cooperative, cooperative association, credit organization and foreign bank branch, which pays foreign debt under the principle of self-borrower, which is responsible for paying debt in accordance with the law.

2. The resident is an individual who performs a loan, paying foreign debt according to the principle of self-loan, which is responsible for paying off the government ' s regulatory debt.

3. The resident when the implementation of the loan, which pays foreign debt must comply with the loan conditions, pay foreign debt; implement the loan registration, open and use of the account, withdraw capital and transfer the debt, report the situation carrying out the Bank ' s loan. Vietnam State. The State Bank of Vietnam confirmed the registration of the loan in the foreign trade loan quota issued by the Prime Minister annually.

4. The resident purchased foreign currency at the credit organization is allowed on the basis of a valid certificate of evidence for payment of the original debt, interest and the relevant fee of foreign loan.

5. Other legal capital transactions involve the borrower operation, which pays foreign debt made by the regulation of the State Bank of Vietnam and the relevant law. "

12. What? 19 modified, added as follows:

" Article 19. Lending, the income of foreign debt of the resident is a credit organization, economic organization.

1. The credit organization is allowed to carry out the loan, revoking foreign debt, bail out the non-resident according to the provisions of the State Bank of Vietnam.

2. The economic organization makes foreign loans, except for export of goods, services that pay slow; bail for the non-resident when elected by the Prime Minister.

The State Bank of Vietnam instructs the implementation of the opening and use of the account, which transfers out and revoking foreign debt, registration for loans, foreign debt recovery and other transfer transactions that are associated with lending operations, repayment of foreign debt of foreign countries. the economic organization. "

13. What? 22 modified, added as follows:

" 22. Limit use of foreign exchange use

On the territory of Vietnam, every transaction, payment, listing, advertising, pricing, valuation, valuation in the contract, agreement and other similar forms of the occupiers, non-resident persons were not made with foreign exchange, except for the cases being used. following the regulation of the State Bank of Vietnam. "

14. What? 23 modified, added as follows:

" Article 23. Open and use account

1. The resident, the non-resident who opened up the foreign currency account at the authorized credit organization. The State Bank of Vietnam regulates the use of the foreign currency's foreign currency accounts.

2. The resident is a licensed credit organization which is allowed to open and use foreign currency accounts to carry out foreign exchange activities in accordance with the provisions of the State Bank of Vietnam.

3. The resident is the organization considered by the State Bank of Vietnam, granting a license to open foreign currency accounts in the following cases:

a) The economic organization has branches, representative offices abroad or has the need to open foreign currency accounts in order to receive loans, make commitments, contracts with foreign parties;

b) The state agency, the armed forces unit, political organization, political organization-society, social political organization-profession, social organization, social organization-profession, social fund, Vietnam ' s charitable foundation operating in Vietnam has the need to open up to the world. Foreign currency accounts to receive aid, foreign funding or other cases licensed by the authorities of Vietnam. "

15. What? 25 modified, added as follows:

" Article 25. Use your Vietnamese counterpart.

The non-resident is the organization, the individual who has a Vietnamese counterpart from the legal sources that are open to the account at the permitted credit organization. The State Bank of Vietnam regulates the use of the Vietnamese copper account of the specified objects at this. "

16. Add Article 25a after Article 25 as follows:

" Article 25a. Using the Vietnamese side of the resident is foreign individual.

The resident is a foreign individual who is opened and used a Vietnamese contract at the credit organization permitted under the regulation of the State Bank of Vietnam. "

17. What? 26 modified, added as follows:

" Article 26. Using the currency of the country with the same border with Vietnam

The use of the currency of the country has the same border with Vietnam as per the stipulation of the international treaty that the Socialist Republic of Vietnam is a member and regulation of the State Bank of Vietnam. "

18. Edit Chapter V name as follows:

"Chapter V-The foreign currency market, the exchange rate mechanism, gold management is foreign exchange"

19. Paragraph 2 Article 28 is modified, added as follows:

" 2. Membership in the foreign currency market between the credit organization is allowed with clients including the permitted credit organization and the customer who is resident, who does not reside in Vietnam. "

20. Paragraph 2 Article 30 is modified, added as follows:

" 2. The State Bank of Vietnam announced the exchange rate, which decided to regime the rate, the valuation mechanism. "

21. What? 31 modified, added as follows:

" Article 31. Gold management is foreign exchange

The State Bank of Vietnam performs gold management in the State Foreign Exchange Reserve; management and organization performs export operations, importing gold in the form of blocks, bullion, nuts, pieces; gold management. to The overseas account of the occupiers is by the rule of law. "

22. Paragraph 4 and paragraph 5 Article 32 are modified, added as follows:

" 4. "Gold by the State Bank of Vietnam"

" 5. Other types of foreign exchange. "

23. What? 34 modified, added as follows:

" Article 34. State Foreign Exchange Reserve Manager

1. Vietnam State Bank manages state foreign exchange reserves by the Government to implement the national monetary policy, ensuring international payment capacity and preserving state foreign exchange reserves.

2. The Ministry of Finance examines the management of the State Foreign Exchange Reserve by the State Bank of Vietnam under the Government's provisions.

3. The State Bank of Vietnam is responsible for reporting the Prime Minister periodically and in a sudden return on the management of the State Foreign Exchange Reserve.

4. The government reported the Standing Committee of the National Assembly on the State of the State Foreign Exchange. "

24. What? 35 modified, added as follows:

" Article 35. Foreign policy.

1. The Ministry of Finance is responsible for sending all the foreign currency of the State Treasury at the State Bank of Vietnam.

2. The Prime Minister stipulated the Treasury ' s foreign currency to be retained from budgetary revenues to spend the regular foreign currency spending of the state budget, the foreign currency remaining the Treasury Department sold to the state foreign exchange reserve gathered at the State Bank. Vietnam. "

25. Add Article 35a after Article 35 is as follows:

" 35a. Use the State Foreign Exchange Reserve

The Prime Minister decided the use of the State Foreign Exchange Reserve for the need for a sudden, urgent need for the State; the case of using the State Foreign Exchange Reserve led to a change in the budget bill that was implemented as defined by the state budget law. "

26. Edit Chapter VII name as follows:

"Chapter VII-Business Activity, Supply of Foreign Exchange Services, foreign bank affiliates and other organizations".

27. What? 36 modified, added as follows:

" Article 36. Business principles, foreign exchange services

1. Credit organizations, foreign bank branches and other organizations are in business, offering foreign exchange services in the country and abroad after being approved by the State Bank of Vietnam.

2. The State Bank of Vietnam rules on the scope of business, which provides foreign exchange services in the country and abroad, conditions, sequencing, business approval procedures, the credit organization ' s foreign exchange service, the foreign bank branch and other foreign banks, the government said. Another organization. "

What? 2.

Repel Article 38 of Foreign Office No. 28 /2005/PL-UBTV Q H11.

What? 3.

1. The ordinance was effective on 1 January 2014.

2. The government, the Prime Minister and the State Bank of Vietnam provided details of the provisions, which were assigned in this order.

TM. The Standing Committee of Congress

President of Congress.

(signed)

Nguyen Gung Xiong