Circular 15/2019/TT-NHNN amend administrative procedures on foreign exchange management

CIRCULAR

AMENDING, SUPPLEMENTING A NUMBER OF LEGISLATIVE DOCUMENTS ON APPLICATION, ADMINISTRATIVE PROCEDURES ON FOREIGN EXCHANGE MANAGEMENT

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Pursuant to the Law No.46/2010/QH12 on the State bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on amending a number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Ordinance on Foreign Exchange dated December 13, 2005 and the Ordinance on amendments to a number of articles of the Ordinance on Foreign Exchange dated March 18, 2013;

Pursuant to the Government’s Decree No. 16/2019/ND-CP on amending and supplementing Decrees on business conditions under the state management of the State Bank of Vietnam;

Pursuant to the Government's Decree No. 16/2017/ND-CP dated February 17, 2017 defining the functions, tasks, entitlements and organizational structure of the State bank of Vietnam;

At request of the Director of the Department of Foreign Exchange Management;

The Governor of the State Bank of Vietnam hereby issues the Circular on amending, supplementing a number of legislative documents on application, administrative procedures on foreign exchange management.

Article 1. To amend, supplement, repeal a number of Articles of Regulation on foreign exchange agents issued with the Decision No. 21/2008/QD-NHNN dated July 11, 2008 of the Governor of the State Bank of Vietnam

1. To add Clause 3 to Article 4 (which is amended and supplemented by Clause 3 Article 2 of the Circular No. 11/2016/TT-NHNN dated June 29, 2016 on amending a number of legislative documents on provision of foreign currency payment services, and activities of foreign exchange agents and foreign exchange desks of individuals (hereinafter referred to as Circular No. 11/2016/TT-NHNN) as follows:

3. “3 Economic organization may agree with authorized credit institutions in agency contract to place foreign currency exchange agent at one or many locations where the economic organization has its head office or branch.

2. To  amend, supplement Point d Clause 1 Article 7 (which is amended, supplemented by Clause 6 Article 2 of the Circular No. 11/2016/TT-NHNN) as follows:

“d) To report about the fully furnished of public exchange rate bulletin, signs stated the name of authorizing credit institution and name of foreign exchange agent of the economic organization;”

3. To amend, supplement Point c Clause 2 Article 7 (which is amended, supplemented by Clause 6 Article 2 of the Circular No. 11/2016/TT-NHNN) as follows:

“c) To report about the fully furnished of public exchange rate bulletin, signs stated the name of authorizing credit institution and name of foreign exchange agent of the economic organization and its commitment documents enclosed with copy of documents (if any) prove organization meets requirements about location that placed foreign currency exchange agent (in case of increasing the number of foreign currency exchange agent).”

4. To repeal Point dd Clause 1 Article 7 (which is amended, supplemented by Clause 6 Article 2 of the Circular No. 11/2016/TT-NHNN).

Article 2. To amend a number of articles of the Circular No.34/2015/TT-NHNN on guidelines for the provision of foreign currency payment services dated December 31, 2015 by the Governor of the State bank of Vietnam (hereinafter referred to as “Circular No.34/2015/TT-NHNN)

1. To  amend, supplement Point d Clause 3 Article 11 (which is amended, supplemented by Clause 3 Article 1 of the Circular No. 11/2016/TT-NHNN) as follows:

“d) Dossier component specified in Point d Clause 1 of this Article.”

2. 2. To repeal Point dd Clause 1 Article 11 and Point d Clause 1 Article 14.

Article 3. To amend and supplement a number of the Circular No. 21/2014/TT-NHNN dated August 14, 2014 of the Governor of the State Bank of Vietnam guiding the foreign exchange transactions, conditions, process and procedures for accepting the foreign exchange transactions of credit institutions and branches of foreign banks

1. To amend and supplement Point a Clause 2 Article 26 ass(amended and supplemented by Clause 26 Article 1of the Circular No. 28/2016/TT-NHNN on amending and supplementing a number of articles of Circular No. 21/2014/TT-NHNN of August 14, 2014, of the Governor of the State Bank of Vietnam, guiding the scope of foreign exchange activities and the conditions, order and procedures for approval of foreign exchange activities of credit institutions and foreign bank branches - herein after refer to as the Circular No. 28/2016/TT-NHNN) as follow:

“a) Satisfy conditions for commercial bank as prescribed in point b, c Clause 2 Article 10 this Circular;”

2. To amend, supplement Point b Clause 3 Article 29 (which is amended, supplemented by Clause 28 Article 1 of the Circular No. 28/2016/TT-NHNN) as follows:

“b)  After the period for carry out other foreign exchange activities in domestic and international markets stated in the definite-term written approval expires, the State Bank shall consider and permit extension of these foreign exchange activities in a written extension of the definite term written approval if the Vietnam Bank for Social Policies wishes to continue these activities and fully meets the conditions and submits a dossier required for a commercial bank under Points b and d, Clause 2, Article 10, and Points a, b and c, Clause 5, Article 11, of this Circular, and complies with relevant regulations of the State Bank.”

3. To amend, supplement Point b Clause 3 Article 29a (which is amended, supplemented by Clause 29 Article 1 of the Circular No. 28/2016/TT-NHNN) as follows:

“b)  After the period for carry out other foreign exchange activities in domestic and international markets stated in the definite-term written approval expires, the State Bank shall consider and permit extension of these foreign exchange activities in a written extension of the definite term written approval if the Vietnam Bank for Social Policies wishes to continue these activities and fully meets the conditions and submits a dossier required for a commercial bank under Points b and d, Clause 2, Article 10, and Points a, b and c, Clause 5, Article 11, of this Circular, and complies with relevant regulations of the State Bank.”

Article 4. To amend, supplement and repeal a number of the Circular No. 10/2016/TT-NHNN dated June 29, 2016 of the Governor of the State Bank of Vietnam on guiding a number of provisions of the Government’s Decree No. 135/2015/ND-CP of December 31, 2015 on offshore indirect investment

1. To amend and supplement point b Clause 1 Article 13 as follow:

“b) A copy of financial statements that have been audited for 3(three) consecutive years preceding the year of dossier submission;”

2. To amend and supplement point b Clause 1 Article 15 as follow:

“b) A copy of financial statements that have been audited for 3(three) consecutive years preceding the year of dossier submission;”

3. 2. To repeal Point e and g Clause 1 Article 13 and Point e Clause 1 Article 15.

Article 5. To repeal Clause 3 and 6 Article 1 of the Circular No. 11/2016/TT-NHNN.

Article 6. Responsibility of implementation

The Director of the Office, the Director of the Foreign Exchange Management Department and heads of related units of the State Bank, directors of the State Bank’s provincial-level branches, chairpersons of Boards of Directors and Members’ Councils and directors general (directors) of credit institutions and foreign bank branches shall implement this Circular.

Article 7. Implementation

This Circular takes effect on November 25, 2019.

For the Governor

The Deputy Governor

Dao Minh Tu