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Circular 20/2011/tt-Nhnn: Regulating The Purchase, The Sale Of Foreign Currency Cash Of Individuals With Credit Institutions Are Allowed To

Original Language Title: Thông tư 20/2011/TT-NHNN: Quy định việc mua, bán ngoại tệ tiền mặt của cá nhân với tổ chức tín dụng được phép

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Pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;

Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;

Foreign Exchange Ordinance base of 28/2005/PL UBTVQH-December 13, 2005;

Pursuant to Decree 160/2006/ND-CP on December 28, 2006 detailing the Government's enforcement of the Ordinance on foreign exchange;

Pursuant to Decree No. 96/2008/ND-CP on August 26, 2008 Government's functions, tasks, powers and structure of the State Bank of Vietnam;

Implementation of resolution No. 11/NQ-CP on February 24, 2012 of the Government about the solutions primarily focused to curb inflation, stabilize the macro economy, ensuring social welfare, the State Bank of Vietnam Guide to buying, selling foreign currency cash of individuals with credit institutions are permitted as follows : article 1. Scope 1. This circular guides implementation of the regulations on the purchase and sale of cash foreign currency, individuals with credit institutions, branches of foreign banks are allowed to operate foreign exchange (hereinafter called credit institutions are permitted).

2. Exchange of the individual with the agents exchange of credit institutions perform according to the current rules on the regulation of currency exchange agents.

3. The use of bank cards, the means of payment is not cash or purchase of foreign currency in the form of wire transfer at credit institutions are allowed to make payments abroad of individuals for legitimate purposes is done according to the current provisions of the law.

Article 2. Application object 1. Vietnam citizens personally purchased foreign currency in cash in credit institutions are allowed to meet the spending needs of yourself and the children shared with parent's passport, including food, money, travel money abroad related to the following purposes : a) learning, healing abroad;

b) travel, travel, visiting abroad.

2. for other legitimate purposes prescribed in clause 2 article 8 Decree No. 160/2006/ND-CP on December 28, 2006 detailing the Government's enforcement of the Ordinance on Forex, individuals can buy foreign currency cash in credit institutions are permitted depending on the ability to balance foreign currency cash resources of credit institutions.

3. Individuals are alien lawful income in Vietnam are buying foreign currency in cash in credit institutions are permitted in accordance with the current regulations on Foreign Exchange Management.

4. The individual sells foreign currency cash in credit institutions and agents allowed Exchange of credit institutions are permitted under current rules on Foreign Exchange Management.

Article 3. Location buying, selling foreign currency 1. The purchase of foreign currency in cash of the individual is made at locations to be allowed to sell foreign currency cash in active network of credit institutions are permitted in accordance with the law.

2. The sale of foreign currency in cash of the individual is made at locations to be allowed to buy foreign currency cash in active network of credit institutions are permitted in accordance with the law and the agents exchange of credit institutions.

Article 4. Foreign currency was buying personal Vietnam citizens are buying foreign currency in cash in credit institutions are allowed to meet the needs of Exchange specified in clause 1 2 of this circular Thing according to the following guidelines: 1. Be purchased foreign currency is the currency of the country where citizens come to Vietnam.

2. where no coins of the country where Vietnam to citizen, credit institutions are allowed to sell foreign currencies freely convertible.

Article 5. Purchase limit of Exchange 1. Vietnam citizens personal rights to buy foreign currency cash in credit institutions are allowed to meet the needs of Exchange specified in clause 1 2 of this circular Thing with 100 USD/1 person/1 day or the foreign currency equivalent value in different period of stay abroad is 10 (ten) days. Foreign currency limit on also applies for children in common passport with father or mother.

2. Credit institutions are allowed to have the obligation to sell foreign currencies in cash for personal Vietnam citizens as stipulated in paragraph 1 of this article on the basis of records, certificate from the exporting process.

3. automatic base currency source balance cash, credit institutions are allowed to exceed the provisions in clause 1 of this article to meet the needs of Exchange specified in Clause 1 2 of this circular.

Article 6. Notification of the purchase, the sale of foreign currency cash 1. Within 15 days from the date of signing issued this circular, credit institutions are allowed to perform professional buyer, the sale of foreign currency cash with personal liability: a) the written notification (sent directly or by post) to the State Bank (Foreign Exchange Management) about making the purchase , sale of foreign currency cash to individuals according to the model in annex 1 attached to this circular.

b) announced the list of places to buy the sale of cash foreign currency, the whole system on the website of the credit organization.

c) announced the list of places to buy, sell, exchange of cash for the State Bank of Vietnam (Forex management) and State Bank of India branch of the province, the central cities in the area according to the model in Appendix 2 attached to this circular.

2. credit institutions are allowed to have not done business buy, sell foreign currencies in cash to individuals after the circular have the effect, when wishing to perform responsibly informed according to the content of the provisions in Paragraph 1 of this article within a period of 15 days before making career service.

3. within 15 days of when the change in the purchase, sale of foreign currency cash (supplements, diminishing terminate the operation, buying, selling) credit institutions are allowed to have the responsibility to inform and update the list of points of purchase and sale of foreign currency cash in writing (send directly or by post) to the State Bank of Vietnam (Forex management) and State Bank of India branch of the province, the central cities in the area according to the model in Appendix 2 attached to this circular.

Article 7. The liability of the credit institution are allowed 1. Make buy, sell, Exchange cash with individuals for the purposes prescribed in this circular after the announcement with the State Bank.

2. the listed exchange rate buy, sell the currency with individuals at locations buy, sell foreign currencies in cash, on the website of the credit institutions are permitted and obliged to make buy, sell the foreign currency cash according to the current provisions of the law on rate.

3. Issued internal procedures regarding the purchase, sale of foreign currency cash to individuals, specific rules of procedure, the profile, the relevant documents to prove the need to use foreign currency cash spending abroad of individuals to ensure transactions are done for your purposes and in accordance with the provisions of this circular and the other provisions of the Foreign Exchange Management Forex.

4. Prepare documents, books related to the purchase and sale of cash foreign currency, with individuals under the provisions of the law.

5. building regulations in the internal guide credit institutions are allowed to manage, monitor, guarantee safety in the delivery, storage and transportation of cash foreign currency in accordance with the State Bank.

6. Create favorable conditions to encourage individuals to use the means of payment does not use the cash to meet the demand of overseas legal expenses.

Article 8. The responsibility of the State Bank branch in the central cities, 1. Steer and guide credit institutions are permitted on the serious Executive provisions of this circular.

2. check the location buying, selling foreign currency of credit institutions are permitted in the area. Inspection, test and process the breach related to purchase and sale of foreign currency, as prescribed in this circular.

3. Establish and publish phone numbers to receive and process the information related to the purchase and sale of cash foreign currency, individuals with credit institutions be permitted as prescribed in this circular on mass media.

Article 9. Responsibility of individuals 1. Present the full range of vouchers, required documents under the provisions of the credit institutions are authorized and responsible before the law about the authenticity of the papers and vouchers were presented.

2. the use of foreign currencies in cash to buy in credit institutions are allowed to your purposes and in accordance with the provisions of the law.

Article 10. Monthly report mode, the slowest day 10 (ten) next month, credit institutions are allowed to make a report under the provisions of the following: 1. report the State Bank branch in the city, centrally on the situation to buy, sale of foreign currency in cash in March on the area which according to the model in Appendix 3 attached to this circular.

2. Synthesis and reporting of the State Bank of Vietnam (Forex management) on the State buy, sell of cash foreign currency arising in the system, according to the model in Appendix 3 attached to this circular.

Article 11. Terms of implementation 1. This circular is effective from January 15, 2011.

2. Office, Director of the Foreign Exchange Management, the heads of the relevant units in the State Bank of Vietnam, the Director of State Bank branch in the province, central cities, Chairman of the Board, the President of the Council members, the Director-General (Executive Director) credit institutions are allowed to , foreign bank branches, the organisation and the individual concerned is responsible for the implementation of this circular.