Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the Vietnam State Bank providing guidelines upon approval procedure for activities of export, import of foreign currency in cash of permitted banks

THE STATE BANK OF VIETNAM

Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the Vietnam State Bank providing guidelines upon approval procedure for activities of export, import of foreign currency in cash of permitted banks

Pursuant to the Law No. 46/2010/QH12 dated June 29, 2010 of the National Assembly on the State Bank of Vietnam;

Pursuant to the Law No. 47/2010/QH12 of the National Assembly on credit institutions;

Pursuant to the Ordinance No. 28/2005/PL-UBTVQH11 and the Ordinance No. 06/2013/UBTVQH13 dated March 18, 2013 amending and supplementing a number of articles of the Ordinance on foreign exchange;

Pursuant to the Decree No. 156/2013/ND-CP dated November 11, 2013 of the Government 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 Vietnam State Bank promulgates the Circularproviding guidelines upon approval procedure for activities of export, import of foreign currency in cash of permitted banks

Article 1. Scope of application and subject of application

This Circular provides guidelines upon approval procedure for activities of export, import of foreign currency in cash of commercial banks, branches of foreign banks permitted operating the foreign exchange (hereinafter referred as permitted bank).

Article 2. Forms, competence for approval of the export, import of foreign currency in cash

1. Activities of export, import of foreign currency in cash of permitted banks shall be carried out through gate of NoiBai International Airportand Tan Son Nhat International Airport.

2. Permitted banks that have demand on export and import of foreign currency in cash must be approved by the State Bank of Vietnam on each time of export and import of foreign currency in cash as specified under this Circular.

3. The Vietnam State Bank’s Hanoi branch shall issue the approval decision of export and import of foreign currency in cash on each time for permitted banks that have demand on export and import of foreign currency in cash through gate of international airport Noi Bai.

4. The Vietnam State Bank’s Ho Chi Minh city branch shall issue the approval decision of export and import of foreign currency in cash on each time for permitted banks that have demand on export and import of foreign currency in cash through gate of international airport of Tan Son Nhat.

Article 3. Procedures for proposing the approval of the export, import of foreign currency in cash of permitted banks

1. Permitted banks that have demand on export and import of foreign currency in cash shall prepare a dossier for approval on each time and send it by post or submit it directly to the Vietnam State Bank’s Hanoi city or the Vietnam State Bank’s Ho Chi Minh city branch. Dossier includes:

a) Application for approval on export and import of foreign currency in cash signed by the legal representative or authorized person or persons that are classified authorization of permitted banks (according to the form in the Appendix No. 01).

b) Contract of export and import of foreign currency in cash with foreign bank or credit institutions (only send for the first time and send additionally when there is a change on partner).

c) Internal regulations of permitted bank on activities of export, import of foreign currency in cash, of which regulations on authorization classification to perform the export, import of foreign currency in cash internally and regulations on management, supervision and guarantee in the safety of receiving, keeping and transporting foreign currency in cash must comply with regulation of the Vietnam State Bank (only send for the first time and send additionally when there is a change).

d) Power attorney if application signed by person is legal representative of permitted bank;

2. Within two (02) working days from receipt of a valid application, the Vietnam State Bank’s Hanoi branch, the Vietnam State Bank’s Ho Chi Minh City branch shall consider and approve the export and import of cash in foreign currency (according to the forms under Appendix No. 02). In the case of refusal, the Vietnam State Bank’s Hanoi branch, the Vietnam State Bank’s Ho Chi Minh City branch must specify the reasons in writing.

3. Within 03 (three) working days from the date of export and import of foreign currency in cash, permitted banks shall submit to the Vietnam State Bank’s Hanoi branch and/or the Vietnam State Bank’s Ho Chi Minh City branch copies of documents related to the export and import of foreign currency namely electricity payment and customs declaration (including the signatures of legal representative of permitted banks, authorized person or assigned working in permitted bank).

Article 4. Responsibilities of permitted banks

Permitted banks have demand on export and import of foreign currency in cash shall have the responsibility:

1. Complying with the regulations under this Circular, current regulations on foreign exchange management, regulations on anti-money laundering and other related laws.

2. Managing, supervising and guaranteeing the safety in receiving, keeping and transporting the foreign currency in cash. Using the imported cash in accordance with the purposes as regulated by the current laws on foreign exchange management;

3. Reporting monthly as regulated under Clause 1 Article 6 of this Circular.

Article 5. Responsibilities of the State Bank’s Hanoi branch and the State Bank’s Ho Chi Minh City branch

1. Issuing the decision for approval of on each time of exports and imports of cash in foreign currency for permitted banks as regulated under this Circular;

2. Inspecting, supervising and handling violations on foreign currency cash export import activities.

3. Reporting monthly as prescribed under Clause 2 Article 6 of this Circular.

Article 6. Reporting regime

1. Every month, permitted banks exporting and/or importing foreign currency in cash shall report the data on cash export and/or import foreign currency in cash as prescribed by the Vietnam State Bank on reporting regime applied for the units under the Vietnam State Bank and credit institutions, branches of foreign bank.

2. Every month, no later than the twentieth of the next month after the reporting month, the State Bank’s Hanoi branch and the State Bank’s Ho Chi Minh city branch shall summarize the export and import of foreign currency in cash of permitted banks and report to the Vietnam State Bank – the Department of Foreign Exchange Department (according to the form in the appendix No. 03).

Article 7. Implementation provisions

1. This Circular takes effect from February 10, 2014 and replaces the Decision No. 19/2001/QD-NHNN dated January 12, 2001 on authorizing the director of the State Bank’s Ho Chi Minh City branch to carry out a number of foreign exchange management tasks in the southern provinces.

2. The directors of the Office and the Foreign Exchange Management Department, the chief inspector of units under the State Bank, the directors of the State Bank’s Hanoi branch and the State Bank’s Ho Chi Minh City branch, thechairman of the Board of Directors, the chairman of the Board of Members, the general directors (directors) of the permitted banks shall have to implement this Decision;

For the Governor

Deputy Governor

Le Minh Hung