Circular 29/2015/TT-NHNN amend regulations on dossiers with certified copies of documents

CIRCULAR

Amending and supplementing a number of legal documents of the State Bank of Vietnam on regulations on components of dossiers with certified copies of documents

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

Pursuant to the Government’s Decree No. 23/2015/ND-CP dated February 16, 2015, on grant of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions;

At the request of the Director of the Department of Legal Affairs;

The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of legal documents of the State Bank of Vietnam on regulations on components of dossiers with certified copies of documents.

Article 1. Amending and supplementing a number of articles of Circular No. 07/2001/TT-NHNN dated August 31, 2001 of the State Bank of Vietnam (hereinafter referred to as the State Bank), guiding the implementation of the regulation on the management of currencies of bordering countries in the border regions and border-gate economic zones of Vietnam, issued together with the Prime Minister’s Decision No. 140/2000/QD-TTg dated December 8, 2000:

1. To amend and supplement Point 3.2 Section 3 as follows:

“3.2 For citizens of countries bordering Vietnam, who have registered their business in the border regions and border-gate economic zones, if being permitted by competent agencies of Vietnam to go into inland provinces and wishing to bring along currencies of bordering countries for the purpose of carrying or sale to banks, they shall have to make 01 set of dossiers to send via post office or submit directly to the State Bank’s branches in the respective border provinces.

Within five working days as from the date of receiving complete dossiers according to regulations, State Bank’s branches in the respective border provinces shall either grant or refuse to grant the written approval of the bringing of currencies of bordering countries into inland provinces (Appendix Form No. 2).  In case of refusal, these State Bank branches shall have to grant written replies, clearly stating the reasons therefor.

The components of dossiers include:

a) The written request of approval to bring along currencies of bordering countries into inland provinces (Appendix Form No. 1);

b) The permit for going into inland provinces granted by Vietnam’s competent agencies (in cases where copies are submitted, the original thereof shall be required for comparison).

c) Copies granted from the original book or certified copies or copies accompanied by presentation of the original for comparison of business registration certificate (Enterprise Registration Certificate). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

2. To amend and supplement Point 2.c Section 6 as follows:

“c. Lawful papers proving that the applicant is a resident of the border province where the foreign exchange counter shall be located, which may be one of the following:  the original of the permanent residence registration, border identity card, certification of the applicant’s permanent residence registration in the border region or border-gate economic zone by the People’s Committee of the commune, ward or township, or business registration certificate (enterprise registration certificate) in the border region or border-gate economic zone. In case of submitting copies of the above documents, the individual shall have the right to choose to submit copies granted from the original book or certified copies or copies accompanied by presentation of the original for comparison. If the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original."

3. To replace the phrase "The branch of the State Bank" and "SBB" in Circular 07/2001/TT-NHNN with the phrase "The State Bank branch".

Article 2. At Point b Clause 1 Article 9 on establishing a Remittance Company under a joint stock commercial bank of the State and people, issued together with the State Bank's Decision No. 951/2003/QD-NHNN dated August 18, 2003, replacing the paragraph: “- The notarized copy of approval for the establishment of affiliated Remittance Company of the Governor of the State Bank, the business registration certificate of affiliated Remittance Company” with: “- The copy of approval for the establishment of affiliated Remittance Company of the Governor of the State Bank; the copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of business registration certificate (enterprise registration certificate) of affiliated Remittance Company. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.".

Article 3. Amending and supplementing Clause 1 Article 8 on payment in the purchase, exchange of goods and commercial services in the Vietnam - Cambodia border region issued together with the State Bank’s Decision No. 17/2004/QD-NHNN dated January 5, 2004 (amended and supplemented under Article 9 of the State Bank’s Circular No. 25/2011/TT-NHNN dated August 31, 2011, on implementing the plan to simplify administrative procedures in the field of foreign exchange activities according to the Government's Resolutions on simplifying administrative procedures within the scope of management of the State Bank (hereinafter referred to as Circular No. 25/2011/TT-NHNN)) as follows:

“1. The use of freely convertible foreign currencies in cash for making payment for purchase, sale and exchange of goods and commercial services in the border areas between Vietnamese traders and Cambodian traders only applies in case payment cannot be made via banks; and only applies to Vietnamese traders entitled to receive foreign-currency payments in cash for goods sale and service provision to Cambodian traders, but does not apply to Vietnamese traders entitled to use foreign currencies in cash for making payment for goods imported from and services provided by Cambodian traders.

A Vietnamese trader that wishes to receive foreign-currency amounts in cash shall make 01 set of dossiers and send it via post office or hand-deliver it to the State Bank branch of the province and city where its/his/her head office is located for grant of a permit for receipt of foreign currencies in cash from exported goods to Cambodia. Such a dossier must comprise:

- The written request for receipt of foreign-currency amounts in cash from exported goods to Cambodia (according to the form provided in Appendix 01);

- The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the business registration certificate (enterprise registration certificate) with registered import-export business code (for enterprises applying for a permit for the first time); in case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- The copy of the competent agency’s written approval, for goods suspended from export or goods subject to conditional export;

- The copy of the commercial contract signed with the Cambodian trader, including an agreement on payment in freely convertible foreign currencies in cash (certified by the head of the enterprise).

After receiving the complete dossier of the Vietnamese trader requesting to collect foreign currency in cash, the Director of the State Bank branch in a province or city shall consider and resolve. The Director of the State Bank branch in a province or city shall have the right to sign a permit to collect sums below USD 500,000 (five hundred thousand US dollars) or other foreign currencies of equivalent value for each contract. For contracts with a value of USD 500,000 or more, the State Bank branch in a province or city shall give written opinions and send the dossiers to the Foreign Exchange Management Department – the State Bank for consideration and settlement.

Within 7 working days from the date of receipt of complete and valid dossiers, the Director of the State Bank branch in a province or city or the Director of the Foreign Exchange Management Department - the State Bank shall grant the permit according to authority or not grant the permit for allowing the enterprise to collect foreign currency in cash (according to the permit form in Appendix 2). In case of refusal to grant a permit, there shall be a written explanation of the reason.

The Vietnamese trader shall remit a foreign currency amount received in cash into its foreign-currency deposit account opened at a licensed bank within 3 working days after receiving such amount as certified by the border-gate customs office.

Upon remitting a foreign-currency amount in cash into its/his/her account, in addition to a permit for receipt of foreign currencies in cash, the Vietnamese trader shall submit to a commercial bank the following papers:

- The original customs declaration (certified by the border-gate customs office of the foreign-currency amount in cash carried from abroad);

- The copy of the export goods declaration (submitted after the goods are exported).”

Article 4. Amending and supplementing Point a, b Clause 3 Article 3 of payment regulations in the purchase, sale and exchange of goods, services, investment and aid between Vietnam and Laos issued together with the State Bank of Vietnam’s Decision No. 845/2004/QD-NHNN dated July 8, 2004 (amended and supplemented under Article 8 of Circular No. 25/2011/TT-NHNN) as follows:

“a) The grant of permits to open and use bank accounts in Laos shall only apply to Vietnamese organizations and enterprises opening accounts in Laos for the implementation of commitments and agreements with Laos in case opening a domestic account does not ensure full implementation of the obligations of the signed commitments and agreements.

Vietnamese organizations and enterprises having demands to open a VND account or LAK account in Laos to implement projects or serve business activities shall prepare 01 set of dossiers to send via post office or submit directly to State Bank branches in provinces and cities where their offices are located to be considered and granted a permit to open a VND account or a permit to open a LAK account at a bank in Laos. The dossier comprises:

- The written request for a permit to open and use an account at a bank in Laos (Appendix 1).

- The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the Decision to establish an organization or enterprise or the business registration certificate (enterprise registration certificate) with registered import-export business code or investment permit or document from a Vietnamese competent agency assigning tasks to implement aid projects or other projects. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.

- For the commitment or agreement signed with Laos, clearly stating the need to open and use an account at a bank in Laos to implement the signed commitment or agreement.

Within 7 working days from the date of receipt of complete and valid dossiers, the State Bank branches in provinces and cities shall consider and grant permits to organizations and enterprises (Appendix 2). In case of refusal to grant a permit, the State Bank branch in a province or city shall have a document clearly explaining the reason.

b) Vietnamese organizations and enterprises shall use VND accounts and LAK accounts opened at banks in Laos to serve purposes related to export activities with Laos and to make revenues and expenditures relating to aid, investment or other permitted activities in Laos”.

Article 5. Amending and supplementing Points a, b Clause 58 Section V Part III of the State Bank’s Circular No. 03/2007/TT-NHNN dated July 18, 2007, guiding the implementation of a number of articles of the Government’s Decree No. 22/2006/ND-CP of February 28, 2006, on organization and operation of foreign bank branches, joint-venture banks, banks with 100% foreign capital, and representative offices of foreign credit institutions in Vietnam (amended and supplemented under Clause 12 Article 4 of the State Bank’s Circular No. 24/2011/TT-NHNN dated August 31, 2011, on implementing the plan to simplify administrative procedures in the field of banking establishment and operations according to the Government's resolutions on simplifying administrative procedures within the scope of management of the State Bank of Vietnam) as follows:

“a) Relevant documents in capital transfer dossiers, which are made abroad (if any), shall be in English and consularly legalized (except for cases specified at Point 7.1 Section III Part I of this Circular). Documents submitted in Vietnamese shall be copies granted from the original register or certified copies or copies accompanied by presentation of the original for comparison. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original. Document translations from English to Vietnamese shall be notarized or their translator's signature shall be certified in accordance with law.

b) Joint-venture banks and banks with 100% foreign capital shall make 01 set of dossiers and submit it directly or via post office to the State Bank (Banking Supervision Agency). Within 30 working days or 90 days (in case of transferring capital to new partners other than 100% foreign-owned banks or joint-venture banks) from the date of receipt of complete and valid dossiers, the State Bank shall grant a written approval or rejection of the capital transfer request and accompanying changes. In case of refusal, the State Bank shall grant a document clearly explaining the reason.".

Article 6. Amending and supplementing Clause 1 Article 7 on foreign exchange agents issued together with the State Bank’s Decision No. 21/2008/ND-CP dated July 11, 2008 (amended and supplemented under Article 7 of Circular No. 25/2011/TT-NHNN) as follows:

“1. Organizations which have signed foreign exchange agent contracts with licensed credit institutions shall prepare 01 set of dossiers and send them via post office or submit directly to the State Bank branches in provinces or cities where there is a need to set up a foreign exchange agent to be granted a foreign currency exchange agent registration certificate. The dossier comprises:

a. The application for registration of the foreign exchange agent (Appendix 1);

b. The original or certified copy or copy certified by the organization submitting the dossiers of the foreign exchange agency contract signed with the entrusting credit institution;

c. The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the business registration certificate (enterprise registration certificate). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

Article 7. Amending and supplementing Clause 1 Article 5 of the State Bank’s Circular No. 34/2011/TT-NHNN dated October 28, 2011, guiding the order and procedures for revoking permits and liquidating assets of credit institutions and foreign bank branches; the order and procedures for revoking permits of representative offices of foreign credit institutions and other foreign institutions engaged in banking activities as follows:

“1. Dossiers shall be made in Vietnamese. Documents submitted in Vietnamese shall be copies granted from the original register or certified copies or copies accompanied by presentation of the original for comparison. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original. Document translations from English to Vietnamese shall be notarized or their translator’s signature shall be certified in accordance with law.".

Article 8. Amending and supplementing Clauses 6, 7 Article 10 of the State Bank’s Circular No. 45/2011/TT-NHNN dated December 30, 2011, stipulating foreign exchange management for foreign loan provision and debt collection of credit institutions as follows:

“6. The certified copy of the establishment decision or investment registration certificate of the foreign borrower shall comply with the regulations of the host country. The translation of the establishment decision or investment registration certificate of the foreign borrower as prescribed by the host country’s regulations from a foreign language into Vietnamese shall be notarized or their translator’s signature shall be certified in accordance with law.

7. The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the Vietnamese enterprise's certificate of overseas investment. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

Article 9. Amending and supplementing Clauses 2, 3 Article 6 of the State Bank’s Circular No. 02/2012/TT-NHNN dated February 27, 2012, guiding the exchange transactions between the State Bank of Vietnam and credit institutions, foreign bank branches as follows:

“2. The copy of the permit for establishment and operation of the credit institution or permit for establishment of a foreign bank branch in Vietnam.

3. Copies of documents proving that credit institutions and foreign bank branches is allowed to operate, trade, and provide foreign exchange services on the domestic market granted by the State Bank.

Article 10. Amending and supplementing Clause 1 Article 3 of the State Bank’s Circular No. 26/2012/TT-NHNN dated September 13, 2012, guiding the approval procedures of the State Bank of Vietnam for listing shares on domestic and foreign stock markets of joint stock credit institutions as follows:

“1. The credit institution shall make the dossier by Vietnamese. Documents submitted in Vietnamese shall be copies granted from the original register or certified copies or copies accompanied by presentation of the original for comparison. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original. Document translations from English to Vietnamese shall be notarized or their translator’s signature shall be certified in accordance with law.

Article 11. Amending and supplementing Point b Clause 1 Article 3 of the State Bank’s Circular No. 06/2013/TT-NHNN dated March 12, 2013, guiding the gold bar trading by the State Bank of Vietnam on the domestic market as follows:

“b. The copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the business registration certificate or the enterprise registration certificate. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

Article 12. Amending and supplementing a number of articles of the State Bank’s Circular No. 17/2013/TT-NHNN dated July 16, 2013, promulgating the guidance for the foreign exchange management regarding to enterprise’s international bond issuance not guaranteed by the Government:

1. To amend and supplement Point b Clause 2 Article 10 as follows:

“b) A legal dossier of enterprise comprises: A copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the business establishment license or business registration certificate or investment certificate in accordance with the provisions of law and revisions (if any). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;".

2. To amend and supplement Point dd Clause 2 Article 10 as follows:

“dd. The copy granted from the original book or a certified copy or a copy accompanied by original for comparison with the document approved by the competent agency according to current provisions of law for investment programs and projects of enterprises; plan to increase operating capital scale; debt restructuring of the enterprise that will be carried out using capital from the issuance of international bonds. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

3. To amend and supplement Clauses 2, 3, 4 Article 12 as follows:

“2. The copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the written notice of appraisal results from the competent agency in accordance with law for the international bond issuance plan of enterprises (applicable to state-owned enterprises). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.

3. A copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the Prime Minister's written approval of the international bond issuance plan (applicable to state-owned enterprises). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.

4. A copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the written notice of opinion of the State Securities Commission (applicable to enterprises that are public companies issuing convertible bonds or bonds with warrants). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

Article 13. Amending and supplementing Clause 1 Article 5 of the State Bank’s Circular No. 21/2013/TT-NHNN dated September 24, 2013, providing for the operational network of commercial banks as follows:

“1 The commercial bank shall make the dossier in Vietnamese. Documents submitted in Vietnamese shall be copies granted from the original register or certified copies or copies accompanied by presentation of the originals for comparison. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original. Document translations from English to Vietnamese shall be notarized or their translator’s signature shall be certified in accordance with law.

Article 14. Amending and supplementing Point b Clause 1 Article 3 of the State Bank's Circular No. 22/2013/TT-NHNN dated September 24, 2013, on guiding procedures for registration and change registration of foreign loan and international bond issuance guaranteed by the Government as follows:

“b) A legal dossiers of the borrower comprises: the copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the permit or decision to establish the borrower or the certificate of registration or investment certificate in accordance with law and revisions (if any). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original."

Article 15. Amending and supplementing a number of articles specified in the State Bank’s Circular No. 34/2013/TT-NHNN dated December 31, 2013, providing for domestic issuance of promissory notes, bills, deposit certificates, and bonds by credit institutions, foreign bank branches:

1. To amend and supplement Clause 3 Article 22 as follows:

“3. The certified copy or copy certified by a credit institution or foreign bank branch of the audited financial statement of the year immediately preceding the year of issuance and the most recent quarterly financial statement. In case there is no audited annual financial statement of the immediately preceding year, the credit institution or foreign bank branch shall submit the financial statement as prescribed in Clause 3 Article 20 of this Circular and have a written commitment to supplement the financial statement after the audit results is available.”.

2. To amend and supplement Clause 5 Article 22 as follows:

“5. The certified copy or a copy certified by the credit institution of the Charter and a copy of the permit for a credit institution issuing bonds for the first time; copy of establishment license for the foreign bank branch issuing bonds for the first time."

Article 16. Amending and supplementing a number of articles of the State Bank’s Circular No. 36/2013/TT-NHNN dated December 31, 2013, providing for the opening and use of foreign currency account for offshore direct investment:

1. To amend and supplement Clauses 2, 3 Article 8 as follows:

“2. Investor's legal dossier comprises: the copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the establishment license or business registration certificate or enterprise registration certificate or investment certificate (for institutional investors); identity card or passport (for individual investors). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.

3. The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the certificate of offshore investment granted by a competent Vietnamese agency. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original."

2. To amend and supplement Point d Clause 2 Article 11 as follows:

“d) The copy granted from the original book or a certified copy or a copy accompanied by original for comparison of the adjusted certificate of offshore investment granted by a competent Vietnamese agency (in case the investment project has its investment capital scale, investment term, involved parties, capital contribution ratio or capital contribution form adjusted). In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;".

3. To amend and supplement Point e Clause 2 Article 11 as follows:

“e) The copy granted from the original book or a certified copy or a copy accompanied by original for comparison of documents proving professional performance with other capital contribution values according to the schedule registered with the State Bank. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

4. To amend and supplement Clause 2 Article 14 as follows:

“2. The copy granted from the original book or a certified copy or a copy accompanied by the original for comparison of the establishment decision or business registration certificate (enterprise registration certificate) or documents with equivalent legal value of the investor. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

Article 17. Amending and supplementing a number of articles of the State Bank’s Circular No. 37/2013/TT-NHNN dated December 31, 2013, guiding some details relating to foreign exchange control against offshore loans and collection of guaranteed debts from non-residents:

1. To amend and supplement Clause 2 Article 7 as follows:

“2. The legal dossier of the lender, which comprises: A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the business registration certificate (or the enterprise registration certificate), investment certificate, license or decision on establishment of the lender in accordance with laws (if any) and amending documents (if any). In case the applicant submits a copy with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

2. To amend and supplement Point b Clause 1 Article 11 as follows:

“b) The legal dossier of the Guarantor comprises: A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the business registration certificate (or the enterprise registration certificate), investment certificate, license or decision on establishment of the Guarantor in accordance with laws (if any) and amending documents (if any). In case the applicant submits a copy with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original.”

Article 18. Amending and supplementing Clause 2 Article 5 of the State Bank’s Circular 11/2014/TT-NHNN dated March 28, 2014, on the carrying of gold by individuals on exit or entry, as follows:

“2. A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison with the documents specified at Points b, c and d, Clause 1 of this Article. If the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original. In case documents are in a foreign language, they must be translated into Vietnamese and be notarized or their translator’s signature shall be certified in accordance with the law.”.

Article 19. Amending and supplementing a number of articles of the State Bank’s Circular 15/2014/TT-NHNN dated July 24, 2014, guiding the exchange management of the business of prize-winning electronic games for foreigners:

1. To amend and supplement Points b and c Clause 1 Article 10 as follows:

“b) A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the investment certificate or the enterprise registration certificate. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

c) A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the certificate of eligibility for doing the business of prize-winning electronic games. In case the applicant submits a copy and presents the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;”

2. To amend and supplement Point a Clause 1 Article 11 as follows:

“a) In case its license is lost, missing or damaged due to natural disaster, fire or other objective causes, an enterprise shall send 2 (two) sets of dossier of request for re-grant of a license directly or by post to the provincial-level State Bank branch of the locality where the enterprise bases its facility for doing the business of prize-winning electronic games for foreigners. A dossier must comprise:

- A written request for license re-grant, clearly stating the reason for the re-grant (according to the form provided in Appendix No. 03);

- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the investment certificate or the enterprise registration certificate. In case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the certificate of eligibility for doing the business of prize-winning electronic games; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison with the valid license (if any); in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- Documents and papers proving that the license is lost, missing or damaged (if any);”.

3. To replace the paragraph at Point b Clause 2 Article 11: “- A certified copy of the valid license;" with: "- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the valid license. In case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;”.

4. To replace the paragraph at Point a Clause 3 Article 11: “- A certified copy of the license which remains valid for at least 1 (one) month by the date of making the written request;” with: “- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the valid license for at least 01 (one) month before the date of making the written request. In case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

5. To amend and supplement Point a Clause 3 Article 17 as follows:

“a) The enterprise shall send 02 (two) sets dossiers of application for a license directly or by post office to the province-level State Bank branch of the locality where the enterprise bases its facility for doing the business of prize-winning electronic games for foreigners. A dossier must comprise:

- A written request for license conversion (made according to the form in Appendix 08);

- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the investment certificate or the enterprise registration certificate; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- A copy granted from the original book or a certified copy or a copy enclosed with the original for comparison of the certificate of eligibility for doing the business of prize-winning electronic games; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

- The regulations on internal management and control of foreign-currency revenues and expenditures signed by the legal representative of the enterprise;

- The granted approval document for the collection and payment of foreign currencies and other foreign exchange activities;

- A report on the situation of collection and payment of foreign currency and other foreign exchange activities related to the business of prize-winning electronic games from the time of obtaining the State Bank’s approval document (according to the form provided in Appendix No. 09);”.

Article 20. Amending and supplementing a number of articles of the State Bank’s Circular 18/2014/TT-NHNN dated August 1, 2014, guiding import of goods subject to the State Bank’s specialized management:

1. To amend and supplement Points b and c Clause 2 Article 5 as follows:

“b) The establishment decision, investment certificate or business registration certificate, enterprise registration certificate: 01 (one) copy granted from the original book or certified copy or a copy enclosed with the original for comparison; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;

c) Technical documents of the vault door: 01 (one) copy granted from the original book or certified copy or a copy enclosed with the original for comparison and 01 (one) Vietnamese translation; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;”.

2. To amend and supplement Point a Clause 3 Article 5 as follows:

“a) The establishment decision, investment certificate or business registration certificate, enterprise registration certificate of entrusted agency: 01 (one) copy granted from the original book or certified copy or the copy enclosed with the original for comparison; in case the applicant submits a copy enclosed with the original for comparison, the comparer shall be responsible for confirming the accuracy of the copy compared to the original;”

Article 21. Implementation provisions

1. This Circular takes effect on February 08, 2016.

2. From the effective date of this Circular, the following articles and clauses cease to be effective:

- Clause 12, Article 4 of the State Bank’s Circular No. 24/2011/TT-NHNN dated August 31, 2011, on implementing the plan to simplify administrative procedures in the field of banking establishment and operations according to the Government's resolutions on simplifying administrative procedures within the scope of management of the State Bank of Vietnam;

- Article 7, Article 8, Article 9, Article 10 and Appendix No. 09.DGH attached to the State Bank’s Circular No. 25/2011/TT-NHNN dated August 31, 2011, on implementing the plan to simplify administrative procedures in the field of foreign exchange activities according to the Government's Resolutions on simplifying administrative procedures within the scope of management of the State Bank of Vietnam.

3. The Chief of Office, the Director of the Department of Legal Affairs, Heads of units under the State Bank, Directors of the State Bank branches of provinces and centrally-run cities, Chairpersons of Boards of Directors, Chairpersons of the Members' Councils, General Directors (Directors) of credit institutions, foreign bank branches shall implement of this Circular./.