Circular 43/2026/TT-NHNN guiding payment and money transfer concerning border-gate transfer of goods

CIRCULAR

Guiding payment and money transfer activities concerning border-gate transfer of goods

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12;

Pursuant to the Law on Credit Institutions No. 32/2024/QH15, amended and supplemented under Law No. 96/2024/QH15;

Pursuant to the Ordinance on Foreign Exchange No. 28/2005/PL-UBTVQH11, amended and supplemented under Ordinance No. 06/2013/UBTVQH13;

Pursuant to the Government’s Decree No. 70/2014/ND-CP detailing a number of articles of the Ordinance on Foreign Exchange and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;

Pursuant to the Government’s Decree No. 292/2026/ND-CP detailing a number of articles and measures for organizing and guiding the implementation of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 26/2025/ND-CP defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam, amended and supplemented under Decree No. 198/2025/ND-CP;

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

The Governor of the State Bank of Vietnam hereby promulgates the Circular guiding payment and money transfer activities concerning border-gate transfer of goods.

Article 1. Scope of regulation

This Circular prescribes payment and money transfer activities concerning border-gate transfer of goods by traders.

Article 2. Subjects of application

1. Banks and foreign bank branches licensed to conduct foreign exchange activities and provide foreign exchange services (hereinafter referred to as licensed banks).

2. Traders engaged in border-gate transfer of goods (hereinafter referred to as traders).

3. Other agencies, organizations and individuals involved in payment and money transfer activities for transactions concerning border-gate transfer of goods.

Article 3. Principles of payment and money transfer concerning border-gate transfer of goods

1. Payment and money transfer activities concerning border-gate transfer of goods shall be conducted on the basis of 2 separate payment and money transfer transactions for the goods purchase contract and the goods sale contract signed by the trader with foreign traders: the transaction of transferring money to pay for the goods purchase contract and the transaction of receiving money from the goods sale contract.

2. The money transfer transaction may be conducted before or after the money receipt transaction.

3. All payment and money transfer activities concerning border-gate transfer of goods shall be conducted via licensed banks.

4. A trader may only make payment and transfer money for a border-gate transfer transaction under the goods purchase contract and the contract on sale of such goods at a single licensed bank. Where such licensed bank is not permitted to conduct international payment and money transfer activities in accordance with law, the trader may make payment and transfer money for the same border-gate transfer transaction at another licensed bank.

Article 4. Sources of foreign currencies for payment

Traders may use the following foreign currency sources for transferring abroad to pay for goods purchase contracts:

1. Foreign currencies in their foreign-currency payment accounts.

2. Foreign currencies purchased from licensed banks.

Article 5. Responsibilities of licensed banks

1. To formulate internal regulations, including provisions on the concurrent examination of both the goods purchase contract and the goods sale contract of the same border-gate transfer transaction when transferring money abroad; and to supervise foreign-currency flows transferred out of and into the territory of Vietnam in border-gate transfer of goods by compiling statistics and monitoring figures on money transferred abroad and received from abroad within the same border-gate transfer transaction.

2. When selling foreign currencies and conducting payment and money transfer transactions concerning border-gate transfer of goods for customers, licensed banks shall examine, inspect and retain papers and documents consistent with the actual transactions to ensure that foreign exchange services are provided for proper purposes and in conformity with this Circular and relevant laws.

3. To abide by the law on anti-money laundering, combating the financing of terrorism, and proliferation of weapons of mass destruction; and regularly supervise money transfer transactions concerning border-gate transfer of goods to ensure that such transactions conform to the actual transactions.

4. To strictly comply with, and guide customers in complying with, this Circular.

Article 6. Responsibilities of traders

1. To produce papers and documents as prescribed by licensed banks when buying foreign currencies, making payment and transferring money concerning border-gate transfer of goods and be held responsible before law for the accuracy and truthfulness of the produced papers and documents.

2. To provide licensed banks with information about the sources of money received from goods sale contracts for the latter to make statistics of and monitoring figures of money transferred and received in a single border-gate transfer transaction and be held responsible before law for the accuracy and truthfulness of the provided information.

3. To strictly comply with this Circular and other relevant laws.

4. To refrain from using the set of documents of a single border-gate transfer transaction to buy foreign currencies and making payment and money transactions at more than one licensed bank, except as permitted under Clause 4, Article 3 of this Circular.

Article 7. Effect

1. This Circular takes effect from September 05, 2026.

2. To annul Circular No. 02/2020/TT-NHNN guiding payment and money transfer activities concerning border-gate transfer of goods.

Article 8. Implementation organization

Heads of relevant units under the State Bank of Vietnam, banks, and licensed banks shall organize the implementation of this Circular./.