The DECREE detailing implementation of Foreign Exchange Ordinance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law the State Bank of Vietnam on December 12, 1997 and amended Laws, supplementing a number of articles of the law on the State Bank of Vietnam on 17 June 2003;
Ordinance on foreign exchange base 13 December 2005;
The Governor's proposal the State Bank of Vietnam.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree detailing implementation of some articles of the Ordinance on foreign exchange foreign exchange activities of residents, who do not reside in the current transaction, dealing, using Forex supply operations services, Forex, foreign exchange market and the exchange rate management, import and export of gold in the Socialist Republic of Vietnam.
2. foreign exchange reserve management state is made according to the Government's own rules.
3. Handle violation on Forex and foreign exchange operations are performed according to the regulations of the Government on sanctioning administrative violations in the field of money and banking activities.
Article 2. Application object 1. The Organization, the individual is resident, non-resident foreign exchange activity in Vietnam.
2. The organization, the individual is resident related to foreign exchange operations in the management, inspection and handling violation.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Forex includes: a) the currency of the country, another territory, the European common currency and common currency used in international payment and regions (hereinafter referred to as foreign currencies);
b) means of payment in foreign currency, including cheques, payment cards, debt claims, received the certificate of debt, deposits and other means of payment;
c) papers are priced in foreign currencies, including government bonds, corporate bonds, promissory notes, stocks and other papers;
d) foreign exchange reserves in the Golden State, on account of foreign residents; as gold, ingots, granules, pieces in case of carry on and bring out the territory of Vietnam;
DD) coins of the Socialist Republic of Vietnam in the case moved on and moved out of the territory of Vietnam or to be used in international payments.
2. is the resident organizations, individuals in the following objects: a) the credit institution are founded, business activity in Vietnam (hereafter referred to as credit institutions);
b) economic organization was formed, the business activities in Vietnam except for the object specified in point a of this paragraph (here called economic organizations);
c) State agencies, units of the armed forces, political organization, social-political organizations, social-political organizations, social organizations, civil society organizations-career, Social Fund, Vietnam's charity activities in Vietnam;
d) diplomatic missions, Consulate of Vietnam in foreign countries;
DD) representative offices in foreign countries of organizations specified in points a, b and c of this paragraph;
e) Vietnam citizens reside in Vietnam; Vietnam citizens residing abroad have a time limit of under 12 months; Vietnam citizens working in the organizations specified in point d and point to this account and personal DD go by them;
g) Vietnam citizens traveling, learning, healing and visits abroad;
h) foreigners residing in Vietnam have the time limit from 12 months or more, except in the case of foreigners learning, healing, travel or work for diplomatic missions, consulates, representative offices of foreign organizations in Vietnam.
3. Non-residents are not subject to the provisions in paragraph 2 of this Article.
4. Capital transactions are capital transfers between residents with non-residents in the following areas: a) direct investment;
b) invest valuable papers;
c) lenders and pay foreign debt;
d) lending and debt collection;
DD) other investment forms in accordance with the law of Vietnam.
5. current transactions are transactions between residents with non-residents are not, for the purpose of capital transfer.
6. Payments and transfers for current transactions include: a) payments and transfers related to the export and import of goods and services;
b) commercial credit loans and short term bank;
c) earnings from direct and indirect investment;
d) The account to transfer money when allowed to reduce direct capital investment;
DD) and interest payments on the original loan's debt payment;
e one-way transfers) for consumer purposes;
g) other similar transactions.
7. a one-way transfers are transfers of money from overseas into Vietnam or the Vietnam from abroad through the Bank, by post nature of funding, aid or assist family relatives, using personal expenses not related to the payment of export and import of goods and services.
8. foreign exchange activity is the activity of residents, who do not reside in the current transaction, dealing, using Forex capital on the territory of Vietnam, operation services for Forex and other transactions related to foreign exchange.
9. Foreign Exchange services supply is the credit institutions and other institutions providing services related to foreign exchange operations to meet the needs of the client in accordance with the State Bank of Vietnam.
10. Rates of Vietnam is the price of a foreign currency in the currency of Vietnam.
11. Foreign currency cash include paper money, coins.
12. Credit institutions are allowed to be the banks and non-bank credit organization be active Forex and Forex services under the provisions of this Decree.
13. foreign direct investment in Vietnam is the non moving capital into Vietnam to conduct investment business activities on the basis of the establishment and participation in the management of the business or other form in accordance with the law of Vietnam.
14. indirect foreign investment in Vietnam is the non-resident purchases stock, the papers have different prices and capital contribution, purchase of shares in any form prescribed by the law of Vietnam that is not directly involved in the management.
15. offshore investments as the residents moved abroad to invest capital under the forms prescribed by law.
16. Loans and foreign debt is the resident and repay loans for non-residents under the forms prescribed by law.
17. Loans and foreign debt recovery is the resident lending and debt collection for non-residents under the forms prescribed by law.
18. The balance of international payments is statistically aggregated balance sheet in a way that the entire system of economic transactions expressed in foreign currencies freely switch between Vietnam and other countries in a certain period.
19. foreign exchange markets was the purchase and sale of foreign currencies. Foreign exchange market of Vietnam including interbank foreign currency market and foreign exchange market between banks with customers.
Article 4. Application of the foreign exchange legislation, international treaties, foreign law, international practices 1. Foreign exchange operations must comply with the provisions of this Decree and the provisions of relevant laws.
2. in case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.

3. in case of foreign exchange operations that Vietnam had not yet law, the parties may agree to apply foreign law, international practices if the application of foreign law, international usages which are not contrary to the basic principles of the law of Vietnam.
Chapter II article 5 CURRENT TRANSACTIONS. Liberalization for transactional transactions On the territory of Vietnam, all the transactions of payments and transfers for current transactions of residents and non-residents are free to perform in accordance with the provisions of this Decree and other legal provisions concerned according to the following principles : 1. Residents, non-residents who are buying, moving, carry foreign currency abroad to serve the needs of payments and transfers for current transactions;
2. Resident, non-resident has the responsibility to present these documents under the provisions of the credit institutions when buying, moving, bringing foreign currency abroad to serve the current transaction and be responsible before the law about the authenticity of the papers and vouchers were presented to the credit institution.
3. When purchasing, transferring, and carry foreign currencies abroad to serve the current transaction, resident, non-resident person does not need to present the documents related to the confirmation of completed tax obligations with the State of Vietnam.
Article 6. Payments and transfers related to the export and import of goods and services 1. Residents have the foreign currency earnings from export of goods, services, or other transactional revenue from abroad must transfer into foreign currency account opened at credit institutions are permitted in Vietnam consistent with the time limit for payment of the contract or payment vouchers.
2. Residents has foreign currency earnings from exports of goods and services abroad wishing to retain part or whole abroad must be the State Bank of Vietnam to allow and to transfer to the account are allowed open at overseas banks. The number of foreign currency left to move about the country.
3. all payment and money transfer transactions related to the export and import of goods and services must be made by transfer via credit institutions are allowed, except in the case of payment by cash is the State Bank of Vietnam to consider, approve.
Article 7. Direct transfers from abroad into Vietnam 1. Residents is the Organization of Exchange obtained from a one-way transfer to transfer into foreign currency account at credit institutions are allowed to sell or for credit institutions.
2. Resident's individual foreign currency obtained from the account of direct money transfers sent in foreign currency account, savings in foreign currency, cash to store, carry people, selling to credit institutions are allowed to take Vietnam Dong or foreign currency, used for the purposes specified in this Decree and the regulations of the relevant law.
Article 8. A one-way transfer from Vietnam abroad 1. Residents are held is made of direct money transfers to abroad to serve the purpose of grants, aid or other purposes prescribed by the State Bank of Vietnam.
2. Residents are citizens of Vietnam to be purchased, shipped, carry foreign currency abroad through credit institutions are permitted for the following purposes: a) learning, healing abroad;
b) travel, tourism, overseas visitation;
c) Charged the fees, fees for overseas;
d) subsidies for relatives are abroad;
DD) Transfer the inheritance for people inheriting abroad;
e) transfers in cases settled abroad;
g) The purpose of a one-way transfer to other legal needs.
3. Non-residents, residents are foreigners who have foreign currency on the account or the illegal income is transferred, carried out abroad; the case has a legitimate source of revenue in Vietnam are buying foreign currencies to move, carry out overseas.
4. Credit institutions are allowed to have the responsibility to review the documents, papers due to residents, who do not present the residence to sell, transfer, confirm the source of exchange order or buy from credit institutions are permitted to carry out foreign countries based on actual requirements, sensible of each money transfer transactions.
Article 9. Bring cash, foreign currency in cash and gold when Vietnam exit and entry based on the actual situation in each period, the State Bank of Vietnam specifies the residents, non-residents who carry foreign currency in cash, and Vietnam in cash and gold when exiting the entry for the following: 1. The level of Exchange, Vietnam bronze in cash and gold to bring people to declare to the Customs the gate when the exit and entry;
2. The papers required in case the exit brings Exchange, Vietnam bronze in cash and gold on the level must declare to customs;
3. The subject has the authority to confirm the papers specified in point 2 above.
Article 10. The currency used in transactional payments 1. Residents are selected Council of Vietnam, foreign currencies freely convertible and the other coins that credit institutions are allowed to accept payment in the currency of the transaction.
2. in case of using transactional billing in Vietnam, residents and non-residents be transfer through open Vietnam Dong accounts in credit institutions.
Chapter III CAPITAL TRANSACTIONS section 1 FOREIGN DIRECT INVESTMENT into VIETNAM article 11. Open and use the direct investment account in foreign currency is the resident businesses have foreign capital and foreign parties involved in business cooperation contracts must open accounts invested directly in foreign currency in a credit institution is permitted to carry out the transaction currency , the following: 1. Collect money capital contribution, which had made direct investments of foreign loan and medium and long term;
2. Currency of foreign currency from foreign currency deposit accounts of resident enterprises, foreign-invested and foreign parties involved in business cooperation contracts;
3. The genus currency on foreign currency deposit accounts of resident enterprises, foreign-invested and foreign parties involved in business cooperation contracts;
4. Pay interest, costs, stem of cỏc foreign loan of medium and long term out of Vietnam;
5. Chi transfer of capital, profits and the earnings of foreign investors out of Vietnam;
6. The transaction currency, other expenditure related to direct investment activities.
Article 12. Moved capital to The direct investment account to transfer capital to invest directly into Vietnam are done through direct investment account in foreign currency opened in a credit institution is permitted.
Article 13. Transfer of capital abroad 1. Resident enterprises have invested abroad and foreign parties involved in business cooperation contracts was transferred to foreign capital, which make direct investments, loans, interest rates, borrowing costs abroad and the legitimate source of revenue is related to the direct investment activities in Vietnam through the direct investment account in foreign currency.
2. Resident's businesses have foreign capital and foreign parties involved in business cooperation contracts used the Vietnam bronze earner from direct investment activities in Vietnam to buy foreign currency at credit institutions are allowed to and moving abroad within a period of 30 days from the date of purchase of foreign exchange.
Section 2 INDIRECT FOREIGN INVESTMENT into VIETNAM article 14. Open and use the account indirect investment in Vietnam

1. Non-residents is foreign investors must open an account invested indirectly in the credit organizations in Vietnam are allowed to make indirect investments in Vietnam. Invested in foreign currency must be sold to Vietnam investment Council taken indirectly in Vietnam. All transactions related to indirect investment activities are conducted through the account of indirect investment in Vietnam.
2. The account of indirect investment of Vietnam bronze was used to make the transaction currency, chi: a) revenue from the sale of foreign currencies for credit institutions are permitted;
b) from salary, bonus and the earnings of non-residents is foreign investors;
c) Currency from the transfer of capital, shares, securities, receive dividends and other revenues arising from investment activities indirectly;
d) Genus, which is buying the shares, buy stock and other expenses related to investment activities indirectly;
DD) Organization in foreign currency purchase Spending credit is allowed to move abroad;
e) spent on payment of costs arising in Vietnam;
g) the transaction currency, other expenditure related to indirect investment in Vietnam.
Article 15. Transfer of capital abroad who do not reside as foreign investors were using Vietnam on account of indirect investment in Vietnam to buy foreign currency at credit institutions are allowed to and moved abroad.
Section 3 of the VIETNAM'S INVESTMENT ABROAD article 16. The authority which allows invests abroad 1. Residents is the Organization, individuals are investing abroad in the form of direct investment when allowed by the certification agency for investment under the provisions of the law in the field of direct investment abroad.
2. is the resident organizations, individuals are investing abroad in the form of indirect investment if eligible due to the State Bank of Vietnam. The State Bank of Vietnam Governor specifies conditions, sequence, procedure and the use of Forex to invest directly abroad.
Article 17. Investment capital abroad in foreign currency institutional residents, individuals are using foreign currency capital letters on foreign currency deposit accounts, foreign currency purchased from credit institutions are allowed to Exchange, from loans to invest abroad.
Article 18. Transfer of capital abroad 1. For residents is the credit institution: resident credit institutions is to be transferred to a foreign capital investment as stipulated by the State Bank of Vietnam.
2. for residents is organization, personal: a) is the resident organizations, individuals were permitted to invest abroad to open an account invested abroad in foreign currency in a credit institution is permitted. All transfers of foreign exchange abroad and in Vietnam involving investment activity abroad must be made through this account;
b) resident is the Organization, individuals are allowed to invest abroad must register an account invested abroad in foreign currency with the State Bank of Vietnam and the State Bank of Vietnam should be confirmed before the transfer of capital abroad. The State Bank of Vietnam sequence rules, procedures, records and registration confirmation the account invested abroad in foreign currency.
3. capital accounts abroad in foreign currency is used to perform the transaction currency, following genera: a foreign currency transfer order), foreign currency purchased from credit institutions are allowed to Exchange, from capital to invest abroad;
b foreign currency transfer) on foreign currency deposit accounts of residents is the Organization, individuals were permitted to invest abroad;
c) Genus sell foreign currencies for credit institutions are permitted;
d) profit, revenue and other legitimate earnings from investment activities abroad;
DD) Currency in foreign currency capital has invested about Vietnam when terminate, liquidate or ending investment activities;
e) Currency Exchange from buying, borrowing in credit institutions or currency from foreign currency deposit accounts of residents is the Organization, individuals were permitted to invest abroad;
g) the transaction currency, other expenditure related to investment activity abroad.
Article 19. Flight of capital, profit on Vietnam 1. Of capital, profits and revenues from investment activities abroad must be transferred to Vietnam through capital accounts abroad in foreign currency opened at credit institutions are permitted.
2. in case of investment abroad in the form of direct investment, capital, profits and revenues arising from projects abroad must be moved about the country in accordance with the law on foreign investment.
3. in case of investment abroad in the form of indirect investment, profits and revenues from indirect investment form must move about slow water for no more than 60 days from the date of the end of the financial year of the country receiving the investment.
4. The use of profit and revenues related to investment activity abroad for reinvestment must be competent authority allows and is registered with the State Bank of Vietnam.
Item 4-LOANS, REPAYMENT of FOREIGN COUNTRIES article 20. Borrow, repay The Government's overseas borrowing, the Government's foreign debt was made according to the provisions of the current law on the management of the loan and to pay foreign debt.
Article 21. Loans, repayment of foreign residents is the economic organization, credit institutions 1. Residents is the economic organization, credit institutions are directly borrow, repay foreign loans self principle, responsible to repay the loan and use the right purpose, in accordance with the provisions of the law.
2. Resident's economic organizations, credit institutions borrowing and repayment of foreign countries must meet the conditions of the loan, the repayment of foreign loans registration, open and use loan accounts, foreign debt, funds and transfer the money to pay the debt, reported the implementation of the loan under the provisions of the State Bank of Vietnam.
3. The loans of foreign residents is the economic organization, credit institutions must be the State Bank of Vietnam confirmed registration. The State Bank of Vietnam to confirm registration of the loan to the extent of foreign borrowing limit due to the Prime Minister for approval every year.
Article 22. Loans, repayment of foreign residents is individual 1. The individual is resident only made loans, repayment of foreign countries when it meets the conditions of the loan, the repayment of foreign countries under the provisions of the State Bank of Vietnam and was Governor of the State Bank of Vietnam.
2. Resident individuals must make loan registration, open and use loan accounts, foreign debt, foreign debt and capital withdrawal, reported the implementation of the loan under the provisions of the State Bank of Vietnam.
Article 23. Purchase of foreign currency to repay the foreign residents are buying foreign currency at credit institutions are allowed to pay the original debt, interest and related costs of foreign loans on the basis of valid identification.
5 entries for BORROWING FOREIGN DEBT RECOVERY, article 24. Loans, debt recovery abroad of the Government 1. The Government decided the lending, debt collection of foreign State, the Government and State institutions, the Government authorized on the basis of macro balance of State capital.
2. The Ministry of finance, in cooperation with the State Bank of Vietnam, the Ministry of planning and investment and the ministries concerned the prime lending rate decisions, loan capital, loan forms, objects of lending, loan management and recovery of external debt of the Government.

3. Every year, the Ministry of finance, in coordination with the ministries concerned General loan situation, the recovery of external debt of the Government of the Prime Minister's report.
Article 25. Lenders recover their external debt is resident credit institutions 1. Is resident credit institutions are lending, debt collection abroad in the form of financial credit and commercial credit under the provisions of the State Bank of Vietnam.
2. State Bank of Vietnam stipulates the conditions for the loan, the loan object, the form for borrower and loan management, debt recovery for foreign residents are credit institutions.
Article 26. Loans, debt recovery abroad of residents is the economic organization 1. Residents is the only economic organization are lending, foreign debt recovery when the Prime Minister allows. The State Bank of Vietnam stipulates the conditions, procedures, process and the Prime Minister decided to allow residents of economic organization is lending, debt recovery abroad.
2. When allowed to lending, debt collection abroad in foreign currency, is the resident economic organizations must open an account lending, debt collection abroad in foreign currency in a credit institution is permitted, make transfers, loan payback, interest and related charges through this account as prescribed by the State Bank of Vietnam.
Item 6 released in DOMESTIC and FOREIGN SECURITIES article 27. Residents is the issuer of securities abroad 1. When was allowed to release overseas securities in foreign currency in the form of bonds, is the resident organization must implement the rules on loans, repayment of foreign countries applied for resident is celebrated in this Decree and the related provisions of the law.
2. When is allowed to release securities in foreign currency abroad in the form of share issuance, certificate of investment funds and other stock types, resident is the Organization must open an account of capital stock issued in foreign currency in a credit institution is permitted, make currency , foreign currency related to the issuance of securities through this account as prescribed by the State Bank of Vietnam.
Article 28. The non-resident is the issuer of securities in Vietnam 1. The non-resident is the only organization to be released by Vietnam's stock on the territory of Vietnam.
2. When is allowed to release securities in Vietnam, the non-resident is the Organization must open an account of capital stock issued in Vietnam in a credit institution is permitted, the implementation, the Council of Vietnam are related to the issuance of securities through this account as prescribed by the State Bank of Vietnam.
3. Sources of currency in Vietnam from the issuance of stock on the territory of Vietnam used to buy foreign currencies in credit institutions are allowed to move abroad.
Chapter IV FOREIGN EXCHANGE USE on the TERRITORY of VIETNAM Article 29. The regulations limit the use on the territory of Vietnam, foreign exchange transactions, billing, advertising, listing of residents, non-residents who are not done by following cases excluding Forex: 1. Transactions with credit institutions and other institutions are allowed to offer foreign exchange services;
2. Resident is held is internal capital transfers in foreign currency transfers (between legal units with dependent accounting units and vice versa);
3. Residents are raising capital in foreign currency to make foreign investment projects in Vietnam;
4. Residents are to receive payments in foreign currency transfers by contract-mandated export and import;
5. Residents are contractors, foreign contractors get paid in foreign currency wire transfer from the owner, main contractor for payment, pay and transferred abroad;
6. is the resident business entity insurance services are receiving foreign currency transfers of people buying insurance for the goods and services must buy reinsurance abroad;
7. Resident is tax-free business organizations, organizations providing services in the quarantine zone in the international business organization, bonded get paid in foreign currency and to Vietnam from the supply of goods and provision of services;
8. Resident is the customs, public security gate at the international gate and bonded get foreign currency from non-residents in respect of taxes, charges or fees immigration visa services;
9. Non-resident are diplomatic, consular agencies are charging the immigration and visa fees, other fees in foreign currency;
10. Non-residents and residents are foreigners received salary, bonus and allowances in foreign currency from residents, who do not reside is held;
11. Non-residents be transfer in foreign currency to non-residents or resident for payment of money to export goods and services;
12. The other case was the Governor of the State Bank of Vietnam to consider, approve.
Article 30. Foreign currency deposit accounts in the country of 1. Residents, who do not reside is held open and use foreign currency deposit accounts in credit institutions are allowed to carry out the transaction currency, the following: a) of foreign exchange from overseas added to;
b) income from the revenue sources are allowed;
c) Currency Exchange in cash from overseas under provisions of the State Bank of Vietnam;
d) spend on sale for credit institutions are permitted;
DD) Genus transfers, payments for current transactions, capital transactions, the transactions allowed domestic payment in foreign currency;
e) genus of the conversion of foreign currency or other payment instruments in foreign currency;
g) Genus withdraw cash foreign currency for individuals working for organizations that when sent abroad on business;
h) transfer or withdraw Spending foreign currency cash to pay wages, bonuses, allowances for non-residents, residents are foreigners;
I) Just move abroad or transferred to foreign currency deposit accounts of non-residents or other payments to residents of money, goods, services for export (for non-residents is held).
2. Residents, the non-resident individual is to be open and use foreign currency deposit accounts in credit institutions are allowed to carry out the transaction currency,: a) Currency Exchange transfer from abroad moved on;
b) Currency Exchange foreign cash carry on according to the regulations of the State Bank of Vietnam;
c) Currency Exchange from the legitimate source of revenue;
d) spend on sale for credit institutions are permitted;
DD) Genus transfers, payments for current transactions, capital transactions and the transactions allowed domestic payment in foreign currency;
e) genus of the conversion of foreign currency or other payment instruments in foreign currency;
g) spent, gifts, inheritance as prescribed by law;
h foreign currency cash withdrawal);
I) Genus moved abroad or transferred to foreign currency deposit accounts of non-residents (for the case of non-resident individuals);
k) moved to send foreign currency savings in a credit organization be allowed (for the case of resident's personal).
3. Credit institutions are allowed to have a responsibility to monitor and control the activities of incomes and expenses on foreign currency deposit accounts to ensure the payment of the money transfer is made, the right purpose and in accordance with the provisions of this Decree.
Article 31. Foreign currency account abroad by resident 1. Residents is the Organization, individuals are open and use foreign currency account abroad as specified below:

a) is resident credit institutions are allowed to be open and use overseas accounts to perform foreign exchange operations abroad;
b) resident is the economic organization has branches and representative offices abroad or wishing to open a foreign currency account abroad to receive foreign loans, to make commitments, contracts with foreign parties are the State Bank of Vietnam to consider licensing, open foreign currency account abroad;
c) resident is diplomatic, consular authorities, the armed forces and representatives of political organizations, social-political organizations, social organizations, professional organizations, social funds, charitable foundation of Vietnam abroad are open and use foreign currency account abroad;
d) Vietnam citizens overseas in time to be open and use foreign currency account abroad according to the legal provisions of the country.
Upon termination or expiry in foreign countries, organizations and individuals mentioned in points c and d above to close the account and transfer the entire balance of the water.
2. State Bank of Vietnam stipulates the conditions, procedures, records and revoke the licence to open and use foreign currency account abroad for the objects specified in point b of paragraph 1 of this article.
Article 32. The use of foreign currency in cash of the individual 1. Resident, non-resident person is identifiable foreign currency in cash is entitled to store, carry people, for, gifts, inheritance, sale to credit institutions are permitted, transfer, bring offshore catering for the legitimate purposes and paid for collected objects of Exchange according to the provisions of this Decree.
2. Resident's individual foreign currency cash sent to save foreign currencies in credit institutions are allowed to, are the original withdrawals, interest rates in foreign currency cash according to the provisions of the law on foreign currency savings.
Article 33. Use the same Vietnam of the non-resident person who does not reside as the Organization, individuals are open and in use in Vietnam Dong accounts credit institutions are allowed to carry out the transaction currency, the following: 1. Income from the sale of foreign currencies for credit institutions are permitted;
2. the Currency from the source currency legally in Vietnam;
3. The genus payment or cash to spend in Vietnam;
4. payment of Expenditure for the current transactions, capital transactions prescribed in this Decree;
5. Spend on gifts, inheritance as prescribed by law;
6. Spend on buying foreign currency at credit institutions are allowed to move abroad;
7. For other purposes that are permitted by law.
Article 34. Use of Vietnam Dong residents are foreign individuals 1. Residents are foreign individuals are open and in use in Vietnam Dong accounts credit institutions are allowed to carry out the transaction currency, as stipulated in article 33 of this Decree.
2. the individual is resident abroad are open and use the account indirect investment in Vietnam at credit institutions are allowed to make indirect investment transactions as defined in article 15 of this Decree.
Article 35. Use the money of the country sharing a border with Vietnam 1. Residents is the Organization, individuals have a legitimate source of revenue in the currency of the country sharing a border with Vietnam from export activities, imports of goods and services, or have other legal income account in the currency in which the credit institutions are allowed to and perform the transaction currency ,: a) revenue from sale of goods and services;
b) Currency from buying the currency of the country borders in credit institutions are permitted;
c) Currency from the source currency legally in Vietnam;
d) import payment Expenditure goods and services;
Genus) sold to credit institutions or money change desk;
e) Spend the cash to spend on salary, bonus, allowances for foreigners working for the organization or spend in the country borders;
g) for other purposes that are permitted by law.
2. The use of the currency of the country borders in sale of goods in the area of the border gate economic zone and follow the rules of the State Bank of Vietnam.
Article 36. Release and use of the payment card 1. On the territory of Vietnam, residents, who do not reside there personal international card is used for payment in credit institutions and allowed the unit to accept the card.
2. The unit accepted the card just get paid in Vietnam since the bank payment card.
3. Based on the actual situation, the State Bank of Vietnam stipulates the release, use the appropriate tag to the target managed Forex.
Chapter V EXCHANGE MARKET, MECHANISM of EXCHANGE RATE and EXPORT CONTROLS, import of GOLD Article 37. Foreign exchange market of Vietnam 1. Foreign currency market activity was the sale of foreign currencies. Object currency market participants including the State Bank of Vietnam, the credit institutions are allowed to, Exchange and the Organization, the individual is resident, who did not reside in Vietnam.
The State Bank of Vietnam stipulates the conditions, the method, the types of transactions in foreign currencies on the foreign exchange market.
2. interbank foreign currency market is the market for transactions between the State Bank of Vietnam with credit institutions are allowed to and between the credit institutions are permitted together. The members participate in Interbank Forex market made buying and selling foreign currencies according to the method, the types of transactions on the basis of the agreement, the agreement between the parties according to international practices and in accordance with the provisions of the State Bank of Vietnam.
3. In the case of market participants Forex inter-bank focus by the State Bank of Vietnam, the Organization, the credit institutions are allowed to approve regulations of the Organization and operation of this market by the State Bank of Vietnam.
Article 38. The activity of the State Bank of Vietnam on the market exchange rate fluctuations based on foreign currency markets and monetary policy goals in each period, the State Bank of Vietnam to build and implement methods of intervention buying or selling foreign currency on the foreign exchange market in the country.
Article 39. The mechanism of the exchange rate of the Dong Vietnam 1. The exchange rate of Vietnam is formed on the basis of supply and demand of foreign exchange in the market have of the State. The State Bank of Vietnam made to regulate exchange rates through the use of the tools of monetary policy and implementation plans for the sale on the market of foreign currency.
2. The mechanism of the exchange rate of the Dong's exchange rate mechanism in Vietnam float has managed by the State Bank of Vietnam determined on the basis of the basket of currencies of countries with trade relations, borrow, repay, investment with Vietnam consistent with macro-economic goals in each period.
Article 40. Export controls, import of gold in the form of blocks, ingots, granules, pieces of credit institutions and organizations are allowed to operate the gold business is export, import of gold in the form of blocks, ingots, granules, pieces according to the regulations of the State Bank of Vietnam.
Chapter VI SUPPLY ACTIVITIES of FOREIGN EXCHANGE SERVICES of CREDIT INSTITUTIONS and OTHER INSTITUTIONS section 1 PROVISION of FOREIGN EXCHANGE SERVICES on the DOMESTIC MARKET Article 41. Scope of supply conditions, foreign exchange services of the Bank 1. When meet the conditions set by the State Bank of Vietnam, the State Bank of Vietnam to allow the banks are providing foreign exchange services in the range below:

a) offers the Exchange transaction in the form of spot trading, futures, swaps, options, futures contracts and other exchange transactions according to international practices;
b) mobilization of capital, loans and guarantees in foreign currency under the forms prescribed by the State Bank of Vietnam;
c) release, release agents, international payment card;
d) offers money transfer and payment services (domestic and international) for the objects specified in this Decree; getting and spending, pay the Exchange;
DD) discount, discount of republished papers are reviews in foreign currency;
e) commissioned for other credit institutions and economic organizations as agent provides a number of services, including foreign exchange services, currency exchange, room service and get more details, foreign currency and pay other services according to the provisions of this Decree;
g) provides fiduciary services and property management by Forex;
h) provided investment banking services by foreign exchange (buying, selling, merging, bail and release agents for securities in foreign currency, ...);
I) provides consulting services for clients on Forex;
k) made the other Forex operations according to international practices and in accordance with the law of Vietnam.
2. State Bank of Vietnam on specific rules, conditions, procedures and records to confirm the eligible foreign exchange services offered by the Bank.
Article 42. Provides Forex services of credit institutions non-bank credit institutions non-bank activities must register with the State Bank of Vietnam to perform some or all of the content of the provision of services for Forex below: 1. for financial companies : a) offers the Exchange transaction in the form of spot trading, futures, swaps, options and foreign exchange transactions more in line with international practices;
b) term deposits Received from a year or more in foreign currency, bonds, valuable papers in foreign currency, loans in foreign currency of the credit institutions in and outside the country;
c) short-term loans, medium-term and long-term in foreign currency, discount, discount, pledge the valuable papers in foreign currency, guarantee credits in foreign currency;
d) provides the services mandated and property management by Forex;
DD) and genus, charged foreign currencies; credentials for organizations economic agents Exchange, agents, charged foreign currencies;
e) provides consulting services for clients on Forex.
2. for financial leasing companies: a) term deposits Received from a year or more in foreign currency, bonds, valuable papers in foreign currency, loans in foreign currency of the credit institutions in and outside the country;
b) financial leasing in foreign currency;
c) credit guarantee in foreign currency;
d) made the trust services and asset management in foreign currency;
DD) provides consulting services for clients on Forex.
3. non-bank credit organization made some content provides Forex services under provisions of the State Bank of Vietnam.
4. State Bank of Vietnam specified conditions, records, registration procedure provides Forex services of non-bank credit organization.
43 things. Provides Forex services of other organizations 1. Currency Exchange services for institutions and economic organizations are agents exchange for credit institutions are allowed to be delegated. The authorized Exchange must be done on the basis of the contract agent of exchange between institutions and economic organizations are the credentials and must register with the State Bank of Vietnam.
2. services received and spent, charged foreign currency a) economic organization as agent services receive and pay foreign currencies for credit organizations must register with the State Bank of Vietnam. Economic organizations directly receiving services and supply, charged foreign currencies must be the State Bank of Vietnam to license;
b) State Bank of Vietnam stipulates conditions, records, registration, licensing for organizations providing services to receive and spend, charged foreign currencies.
3. Provision of services to other Forex: economic institutions only made foreign exchange services offered in addition to the contents specified in item 1, item 2 of this Article after the State Bank of Vietnam to license.
Section 2 PROVIDES FOREIGN EXCHANGE SERVICES on the INTERNATIONAL MARKET to article 44. The scope, conditions of provision of services on the Forex international market 1. Credit institutions and other organizations are providing foreign exchange services on the international market in the range below: a) for the Bank:-provides international payment services;
-Make the buying, selling and Exchange gold on foreign markets;
-Participate in the currency markets, derivatives markets abroad;
-Provides asset management services to customer financing abroad;
-Offers investment banking services (financial advice, buying, selling, merging, guarantees, co-financing, ...) on the international market.
b) for finance companies:-make the buying, selling and Exchange gold on foreign markets;
-Participate in the money market, Forex derivative markets abroad;
-Provides asset management services to customer financing abroad.
c) for other organizations: in each case is specific, the State Bank of Vietnam to allow other organizations made some content provides Forex services referred to in paragraph 1, item 2 of this Article.
2. State Bank of Vietnam specified conditions, records, registration procedure provides Forex services of credit institutions and other institutions on international markets.
Section 3 RESPONSIBILITIES of the CREDIT INSTITUTIONS and OTHER INSTITUTIONS When MAKING FOREX SERVICE PROVISION to article 45. In compliance with the provisions of the law on Foreign Exchange Management when implementing these activities provide Forex, credit institutions and other institutions are allowed to foreign exchange operations have the responsibility: 1. to implement the activities provision of services according to the scope of foreign exchange activities recorded in the license , registration certificate, the provisions of this Decree and other relevant provisions of the law;
2. Be responsible before the law with respect to the content of the foreign exchange services supply credentials for other credit institutions and economic organizations;
3. Observance of the safety regulations in accordance with the State Bank of Vietnam;
4. Executive customer instructions strictly and seriously implement the regulations on Foreign Exchange Management and other related provisions of the law.
Article 46. Check the certificate from credit institutions and other institutions are allowed to operate when making Forex Forex trading for the customer is responsible for the review, inspection and storage of papers and documents in accordance with the actual transaction to ensure the provision of Foreign Exchange services is done properly the purpose of and in accordance with the provisions of the law.
Article 47. To meet the demand of foreign currencies for payment of current within the ability of Exchange, credit institutions and other institutions are allowed to operate foreign exchange is responsible for satisfying the needs of exchange of resident, non-resident person for payment based on the current actual and reasonable needs of each transaction.
Article 48. Inspection, control and reporting 1. Credit institutions and other institutions are allowed to operate foreign exchange be subjected to inspection, control and reporting regimes in accordance with the State Bank of Vietnam.

2. Responsibility for information reported by credit institutions. Credit institutions are allowed to have the responsibility of reporting the information related to foreign exchange operations according to the following rules: a) reported the information, the necessary data relating to Forex and foreign exchange operations in accordance with the time limits specified in the text of current legislation relating to foreign exchange operations;
b) be permitted to require customers to provide information in order to serve the data collection, information regarding Forex and Forex operations;
c) is made to provide information, advice on Forex policy and foreign exchange operations for organizations and individuals in accordance with the provisions of the law;
d) Have the obligation of confidentiality and the responsibility for the information in the directory of the secret of the banking industry.
3. Responsibility for the news organization's makeup bỏo sweat and personal: a) organizations and individuals involved in Forex activities are obliged to provide the information, figures at the request of the State Bank of Vietnam, the credit institutions are permitted according to the time specified in the text of current legislation relating to foreign exchange operations;
b) organizations and individuals have the right to request credit institutions to provide the information in the Guide to the correct implementation of policies on the management of foreign exchange.
Chapter VII STATE MANAGEMENT of FOREIGN EXCHANGE OPERATIONS Article 49. The State administration of foreign exchange operations 1. The unified Government in State management of foreign exchange operations: a) is responsible for managing the State on foreign exchange operations;
b) building and drafting the legal documents on foreign jurisdiction.
2. The responsibility of the State Bank of Vietnam: a) responsible to the Government, the Prime Chớnh Government on implementing State management for foreign exchange operations;
b) chaired the building and drafting the legal documents on foreign jurisdiction;
c) in coordination with the ministries concerned when the construction of the legal documents with content related to Forex;
d) responsible to the Government, the Prime Minister of international cooperation in the field of foreign exchange;
DD) granted, revoked the license of foreign exchange operations;
e) testing, inspection of the implementation of the foreign exchange activities regulated in this Decree and the observance of the regime and reporting information;
g) handle on Forex violations in the jurisdiction.
3. The responsibilities of the ministries, government agencies, people's committees of provinces and cities under central a) guide the implementation of this Decree, according to functions and duties;
b) in coordination with the State Bank of Vietnam in building the relevant legal documents on Forex, foreign exchange operations;
c) in collaboration with the State Bank of Vietnam in the information, advocacy and enforcement provisions of the regulations on Foreign Exchange Management;
d) detect, treat the breach of Forex, Forex operations jurisdiction.
Article 50. Report information mode 1. The responsibility of the State Bank of Vietnam: a) issued the information mode of reporting, analysis, forecasting and publication of information on foreign exchange operations;
b) presiding, in cooperation with the ministries to collect information, data to serve the State's foreign exchange management and balance of international payments.
2. Responsibility of ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities: ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities in the scope of its powers, duties, are responsible for reporting information , data on foreign exchange operations for the State Bank of Vietnam to serve the State's foreign exchange management and balance of international payments.
Chapter VIII TERMS of ENFORCEMENT of Article 51. Effect 1. The Decree has effect after 15 days from the date The quote and replace the text: Decree No. 63/1998/ND-CP dated 17 August 1998 by the Government on Foreign Exchange Management; Decree No. 31/2001/ND-CP dated 17 January 2001 and no. 131/2005/ND-CP dated 28 October 2005 amending and supplementing a number of articles in the Decree No. 63/1998/ND-CP of the Government;
2. Annul the provisions of decrees, decisions, left circular with the content of this Decree.
Article 52. Enforcement instructions 1. The Governor of the State Bank of Vietnam has the responsibility to guide and organize the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the city of centrally responsible for organizing this Decree enforcement./.