Circular No. 28/2016/TT-NHNN dated October 05, 2016 of the State Bank of Vietnam 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

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ATTRIBUTE

Circular No. 28/2016/TT-NHNN dated October 05, 2016 of the State Bank of Vietnam 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
Issuing body: State Bank of VietnamEffective date:
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Official number:28/2016/TT-NHNNSigner:Nguyen Dong Tien
Type:CircularExpiry date:Updating
Issuing date:05/10/2016Effect status:
Known

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Fields:Finance - Banking

SUMMARY

Banks must converse basic foreign exchange activities before November of 2017

 

On October 05, 2016, the State Bank of Vietnam issued 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.

Accordingly, the State Bank shall convert licenses for commercial banks, general finance companies, factoring finance companies, consumer credit finance companies, financial leasing companies and foreign bank branches that have permitted to carry out foreign exchange activities, conversion into establishment and operation licenses or license modification and supplementation decisions stating the activities of foreign exchange trading and provision of foreign exchange services in the domestic market and/or international market within the scope prescribed by the State Bank for commercial banks, general finance companies, factoring finance companies, consumer credit finance companies, financial leasing companies and foreign bank branches that have been licensed to carry out one or several basic foreign exchange activity(ies) in the domestic market and/or international market; conversion into definite-term written approvals for other foreign exchange activities;

The conversion shall be made through October 31, 2017. Past this date, commercial banks, general finance companies, factoring finance companies, consumer credit finance companies, financial leasing companies and licensed foreign bank branches must cease foreign exchange activities for which conversion has not been made or is not permitted to be made due to their failure to meet the conditions.

This Circular takes effect on November 18, 2016.
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Effect status: Known

THE STATE BANK OF VIETNAM
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 28/2016/TT-NHNN
 
Hanoi, October 5, 2016
 
 
CIRCULAR
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[1]
 
Pursuant to June 16, 2010 Law No. 46/2010/QH12 on the State Bank of Vietnam;
Pursuant to June 16, 2010 Law No. 47/2010/QH12 on Credit Institutions;
Pursuant to December 13, 2005 Ordinance No. 28/2005/PL-UBTVQH11 on Foreign Exchange and March 18, 2013 Ordinance No. 06/2013/PL-UBTVQH13 Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;
Pursuant to the Government’s Decree No. 156/2013/ND-CP of November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Foreign Exchange Management Department,
The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of articles of Circular No. 21/2014/TT-NHNN of August 14, 2014, 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.
Article 1. To amend and supplement a number of articles of Circular No. 21/2014/TT-NHNN of August 14, 2014, 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 (below referred to as Circular No. 21/2014/TT-NHNN), as follows:
1. To add the following Clause 5 to Article 1:
“5. Offshore indirect investment activities of credit institutions and foreign bank branches must comply with the law on offshore indirect investment.”
2. To amend and supplement Clause 2, Article 3 as follows:
“2. Foreign exchange activities of a licensed credit institution include foreign exchange trading and provision of foreign exchange services by a licensed credit institution for residents and non-residents in current transactions, capital transactions and other foreign exchange-related transactions, including basic foreign exchange activities in the domestic market, basic foreign exchange activities in the international market, and other foreign exchange activities in domestic and international markets.”
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