CIRCULAR NO. 33/NH-TT on 15-3-1989 by the STATE BANK of VIETNAM PASSED the CHARTER of FOREIGN EXCHANGE MANAGEMENT of the SOCIALIST REPUBLIC of VIETNAM to the Council of Ministers has issued foreign exchange management regulations of the Socialist Republic of Vietnam attached to Decree No. 161-dated October 18, 1988; Pursuant to article 3 of the Decree, the General Director of the State Bank of Vietnam passed foreign exchange management regulations of the Socialist Republic of Vietnam as follows: 1. ABOUT FOREX MANAGEMENT SCOPE (Articles 1, 2, 3) the State of the Socialist Republic of Vietnam through the State Bank of Vietnam implement unified state management on Forex and Forex trading. All Forex business are performed according to the regulations of the State Bank of Vietnam. The Bank for foreign trade of Vietnam is allowed to Trade Forex. In addition, the Bank specialized in other business, the venture with foreign banks, foreign bank branches in Vietnam, domestic economic organizations like to Forex trading or Exchange services (including the service business currency exchange in cash) must be the central Vietnam State Bank allows.
The circulation of foreign currencies in the Socialist Republic of Vietnam is only done through the banks and business organizations, the service allowed currency exchange.
Prohibiting the sale, purchase, Exchange foreign currency on free markets.
Forex rules in the Charter include: a) The foreign currency includes paper money, metallic money validity, circulating votes, the means to pay are recorded by foreign money as the left the State, Treasury, bonds, stocks, cheques, vouchers, the return Czech, Czech, often travel, travel orders, letters of credit, the paper received the certificate of debt and bank deposits, savings deposits, deposits mail (below referred to as the foreign currency).
Particularly for those papers only valid payment and used in foreign currency abroad haven't applied in Vietnam as a credit card (Credit Card) ... not in the scope of Foreign Exchange Management under the provisions of this circular.
b) precious metals, gems when carried or moved abroad and from abroad to bring or move on to Vietnam include: gold, silver and platinum group metals (Platinum, pa-la-di, I-ri-di, Ru-te-ni, Os-mi) in pure or alloy in the form of ingots, compression, block, stone, leaves, debris, powder, liquid or other form pages , laboratory supplies, housewares and personal, cultural and art works, old coins, token has no value in circulation; precious stones including diamonds, group-bi, Sa-phia intact or have been processed.
2. ABOUT the FOREIGN EXCHANGE MANAGEMENT OBJECTS (article 4) Forex management rules to be applied for the following objects: a) the institutions and citizens on the territory of Vietnam in Vietnam and abroad include:-bodies, economic and social organization of Vietnam headquarters and location work in Vietnam;
-The Vietnam nationals living in Vietnam and Vietnam citizens residing abroad;
-Embassies, consulates, trade and other representative bodies of Vietnam puts overseas. The population of Vietnam is the work, labor, academic, travel, healing, visit ... overseas.
-Venture organizations of Vietnam with foreign investment law activities of Vietnam.
b) organizations and foreign citizens on the territory of Vietnam including:-embassies, consulates, Commercial Service, international organizations, the Permanent Representative Agency of foreign countries in Vietnam; foreign citizens who are working, learning, travel, healing, visit in Vietnam;
-The organization and foreign citizens and business activities b. dark chocolate lives in Vietnam.
3. the PLAN of EXCHANGE (article 5) the State administration of foreign exchange under the plan. The local branches and economic units have the expense of Exchange are planning to send the bodies under the provisions of the State Planning Commission, the State Planning Committee of the General Plan of the country's currency and foreign currency income balance the Council of Ministers.
The units have foreign currency deposited at banks should set up scheduled currency or foreign currencies according to the quarter and the year Bank where open foreign currency account to the Bank proactively serve and solve for the unit. Bank foreign currency liability under the orders of account holders with the right regulatory regime of the State.
For Exchange in the Exchange Fund of the State sent to the account in the Bank then plans to be President of the Council of Ministers. The Finance Ministry's foreign currency account holders to focus of the State, is the Organization of accounting, management and operating expense plan of exchange of the State.
The foreign trade Bank of the State Bank was authorized to implement the plan currency, foreign currencies in terms of funds and make international payments between our country with foreign countries. As for the other Bank when making international payments must be the central State Bank allows.
4. On the TRANSFER of FOREIGN CURRENCIES in and OUT of VIETNAM (article 6) a) the transfer of foreign currency from abroad to Vietnam under forms (Forex carry people, foreign currency bank transfer, postal mail or other forms ...) be encouraged and not limited.
b) foreign citizens and citizens of Vietnam as well as entry exit must be opened by customs declarations at the gate for the Exchange to bring people (not present) unless exempt under the provisions of the Declaration of the State. The case in question, the Customs require to check correct functioning of customs.
c) foreign citizens and citizens of Vietnam settled abroad being carried or moved abroad of foreign currency remaining after spent in Vietnam.
d) for Vietnam citizens have foreign currencies carried out abroad when the exit it must have a permit of the foreign trade Bank or other Bank by the State Bank of Vietnam.
5. MEMBER of the buy, sell, transfer and SEND FOREIGN CURRENCY at banks (article 7, 8) a) organizations and citizens of Vietnam have foreign currency from export revenues and business services (including hefty case materials, products) must be sent to his account at the Bank or other banks are State Bank allow (the Bank is authorized). After you have done about the obligation of exchange regulations state the number of the remaining foreign currency deposited at the Bank enjoying the interest rates in foreign currency according to interest rates by the Bank or the Bank is authorized to announce within the frame of the interest rate of the State Bank of Vietnam. The account holder is used the number of foreign currency on your account to pay for imported goods, the terms of service, to sell the Bank or using other purposes according to the mode of State regulation. When the assignment for the organization or the individual who is entitled to have foreign currency bank account (if not already there, then please open an account according to the regulations and instructions of the Bank or authorized banks. The organizations are not paid directly for each other in foreign currency cash.
In special cases, the Organization and for economic need to open foreign currency account abroad it must be the central Vietnam State Bank allows quarterly and must report to the State Bank of Vietnam (foreign economic Service) income situation of Exchange on that account.

b) The organization and Vietnam citizens when there is demand of foreign currencies to service production, business or travel, study overseas labor, are the heads of ministries, Chairman of the provincial people's Committee, the city, the district directly confirm Bank or commercial bank is authorized to consider selling some of the necessary foreign currency trading rates sales at the time of the sale of foreign currencies. The population of Vietnam when allowed to exit to the private settlement (travel, healing, visit) can be bought in a number of foreign currency needed by the business rates. Procedure for buying, selling foreign currency according to the regulations and instructions of the Bank or authorized banks.
6. ABOUT BORROWING in FOREIGN CURRENCIES and FOREIGN CURRENCY BORROWING SECTORS (article 9) institutions and citizens, Vietnam needs foreign currency loans to service production, business has been the heads of ministries or the Chairman of the provincial people's Committee, the city of the district, confirmed on the production approach, business or commercial bank, is the Bank is authorized to consider foreign currency loans or foreign currency borrowing by field security mode for foreign currency loans and foreign currency loans domains security regulation of the State Bank of Vietnam Central regulations.
Event organization and economic units are competent authorities allow foreign loans directly, in the form of trade credit, then periodically at the end of each quarter to report to the Bank of foreign trade where relative about the situation of the loan and the repayment.
7. ABOUT the EXCHANGE OF GOODS ACCORDING to the METHOD of "BARTER" (article 10) institutions and economic units are the competent authorities to allow the exchange of goods with foreign countries according to the method of "barter" clearing and then periodically at the end of each quarter to report to the Bank of foreign trade where relative worth in foreign currency of goods exchanged and the number of Exchange was clearing.
8. ABOUT the USE of EXCHANGE of VIETNAMESE CITIZENS (article 11) Vietnam citizens have foreign currencies regardless of the original source can be used.
a) sold to the Bank or authorized bank trading rate at the time of the purchase of foreign currencies.
b) purchase at the shop are allowed to buy foreign currency sales or paid services for organizations or individuals are allowed to collect foreign currency.
c) Posted on deposit accounts in foreign currency non-term or the term at the Bank or authorized bank and enjoy the interest rates in foreign currency according to the interest rate because of the aforementioned banks announced interest rate framework scope of the State Bank of Vietnam.
d foreign currency deposited at the Bank) to be used for payment or transfer to institutions and individual foreign currency account in the Bank (if the person is entitled to Exchange does not yet have an account, the account opening procedure, please follow the rules and instructions of the Bank or authorized banks. When necessary, the owner of the account can be withdrawn in cash foreign currency according to the regulations of the bank where the account open.
9. ABOUT the USE of FOREIGN CURRENCY FROM ABROAD MOVE into INSTITUTIONS, FOREIGN CITIZENS and CITIZENS (article 12) organizations, foreign citizens and citizens of Vietnam have foreign currency from abroad bring to have customs or bank transfer shall be used as specified in point 8 above of this circular also, to be carried or moved abroad of foreign currency brought in or transferred to Vietnam but not spending.
10. On the RATES (article 13) rates applied in the payment, purchase, sale and conversion of foreign currency is made according to the rate of the business of the Bank or authorized bank announced on the basis of the exchange rate by the State Bank of Vietnam Central regulations.
11. ABOUT PRECIOUS METALS, gems (14, 15, 16.17) a) foreign citizens and citizens of Vietnam to be carried or moved into Vietnam in precious metals, precious stones, with unlimited numbers but have to do procedures customs gate.
b) organizations, economic units that wish to import precious metals, gems to serve the production, business must have the application and the project of using precious metals, gem stones under the guidance of the State Bank of Vietnam.
c) bringing or precious metals, gems abroad under any form would have to have a license of the State Bank of Vietnam and is with the Customs gate when exiting.
The following cases are not please the license of the State Bank of Vietnam: Vietnam-citizen temporarily abroad, when immigration can bring a page not too 7.50 grams of gold, silver and 37.5 grams a diamonds not too 0.600 grams (3 carat).
-Foreign citizens and citizens of Vietnam settled abroad into Vietnam have precious metals, precious stones can sell for organizations and individuals are allowed to donate to the silver or gold business to relatives in the country, when the exit is only carrying the precious metals, gems and the maximum number of , weight and quality brought on when entry, the case brought out the portfolio page, every fine art by silver, gold plated, silver plated buy in Vietnam must then present the invoice.
12. ABOUT REWARD (article 18) a) these organizations and individuals are the detection and arrest or assist the responsible authorities in finding out the service violates the Charter are managed Forex bonus Vietnam with varying from 5 to 10% of the value of the evidence dealt with the illegal seizure or fines (if any).
b) The reward only made after the decision to handle the seizure or sanction of the competent bodies.
-Bonus for the Organization and the individuals involved the detection and arrest of the value extracted from exhibits dealt with seizure or fines (if any) before moving on to the submitter of the central State budget.
-In the case of a service offence, has just decided to handle foreclosures, just had a fine handling the bonus levels also 10% Vietnam total value of exhibits and fines.
c) in principle, the Agency processed simultaneously is the reward. The private service by the people's Court of illegal levels of processing, then the reward due to the State Bank, city, settlement area.
With respect to the service by the customs, the Customs prosecution reward.
13. REGARDING PENALTIES (article 19) for organizations or individuals violating the Charter Forex management depending on the extent and nature of mild to heavy handling agency that apply the following sanctions:-critics, warned.
-Seizure of part or whole of exhibits.
-A fine of from one to five times the value of the exhibits.
-Law prosecution under the Criminal Code of the Socialist Republic Vietnam.
14. REGARDING the RESPONSIBILITIES and AUTHORITY of PROCESSING (article 20) a) Charter violations Forex Manager at the gate (airport, sea port, roads, post offices) where the customs due to Customs processing, notification to the State Bank Board.
b) Charter violations Forex management elsewhere on the territory of the Socialist Republic of Vietnam by the State Bank of the province, the city, the area treated. The case of a complaint about the handling of the State Banking Department, the city, the area of the entire transfer of records processed on the central State Bank to Director General review and final decision.
c) The case of a serious offence shall be prosecuted under the criminal law by the people's courts at various levels handled.
d) bodies are responsible to complete the process in the shortest time limit but must not exceed two months from when caught the violations.
15. ILLEGAL FOREIGN EXCHANGE MANAGEMENT (article 21) a) When catch the service violates the Charter managed Forex, you set the minutes captured exhibits illegal, which should specify:

-For foreign currencies shall record the total amount, currency, amount, serial number each sheet, if particular characteristics and are wrapped, sealed.
-For precious metals, gems, then specify the quantity, weight, quality, shape, size, colors, if particular characteristics and must package, sealed, wrapped with no foreign currency.
-Illegal Forex by organizations or individuals arrested are to be checked, sealed and signed by the individual or collective.
b) all kinds of illegal foreign exchange by any organization or any individual detained must send the bank nearest in time limit must not exceed five working days from the date of arrest and the Bank had to move about the State Bank, city, region (if the precious metal , GEM) and the foreign trade Bank or foreign exchange room (if the Exchange) within the time limit must not exceed seven business days to preserve.
c) When receiving illegal foreign exchange, banks must establish the minutes of delivery on the basis of the report on the arrest. Within minutes of delivery specify the points scored within minutes of getting giữu. If the other points with minutes of getting giữu to specific record certified by the organization or individual submitting illegal Forex. Minutes of delivery made in two copies, one copy to the Organization, the individual arrested, one a Bank hold.
d) When State Bank of province, city, region, or commercial bank forex Forex preservation received illegal due to other banks moved to then also must have a delivery. The Bank received the preserve of foreign illegal hôí says on the responsibility of preservation under the regime of the State Bank of Vietnam.
e) About illegal foreign exchange accounting:-When the State Bank of province, city, region, or commercial bank foreign exchange Rooms received illegal foreign exchange shall conduct accounting account "on hold pending".
-When decided to handle, the State Bank, city, region, or commercial bank foreign exchange perform accounting as follows: + If decided to handle the entire seizure for foreign currency then payment all bank account "on hold pending" moved to the central budget submissions on the foreign currency account of the Ministry of finance at the Central Bank for foreign trade , the part devoted to bonuses, the banks buy back the foreign currency buying rate on the processing and paying of Vietnam for the reward. For precious metals, gems, the math all bank account "on hold pending" and sold the entire exhibits that give business company gold and silver according to the according to the purchase price of the business days of processing, and transfer the proceeds to the filing State budget central after deducting the amount for the reward.
+ If the decision to handle confiscated part exhibits the illegal bank account payments all "provisionally between pending" decisions section handles accounting as prescribed in point on the Forex, the rest returned to the litigants.
+ If the decision to return the entire exhibits delinquency for litigants, the math all bank account "on hold pending" and returned to the foreign exchange of custody litigants.
+ If illegal Forex currency is fake or no circulating then all banking payment account "on hold pending" and retain the number of Forex.
State Bank of province, city, region specific six months and annual report of the State Bank of Vietnam (foreign economic) situation Charter Executive local foreign exchange management.
This circular effect since enforcement and replacing circular No. 634/CNH-H25 on 10-12-1964 and circular No. 41/NH-TT on 27-3-1979 of the State Bank of Vietnam. The previous regulations on Foreign Exchange Management contrary to this circular are repealed.