Thông tư 02/2020/TT-NHNN

CIRCULAR

GUIDELINES FOR PAYMENT AND MONEY TRANSFER RELATED TO TRANSSHIPMENT OF GOODS

Pursuant to Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to Law on Credit Institutions dated June 16, 2010 and Law on amendments to Law on Credit Institutions dated November 20, 2017;

Pursuant to Ordinance on Foreign Exchange dated December 13, 2005 and Ordinance on amendments to Ordinance on Foreign Exchange dated March 18, 2013;

Pursuant to Decree No. 70/2014/ND-CP dated July 17, 2014 of Government on elaborating to Ordinance on Foreign Exchange and Ordinance on amendments to Ordinance on Foreign Exchange;

Pursuant to Decree No. 16/2017/ND-CP dated February 17, 2017 of Government on functions, tasks, powers and organizational structures of State Bank of Vietnam;

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of Government on elaborating to Law on Foreign Trade Management;

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

Governor of State Bank of Vietnam promulgates Circular providing guidelines for payment and money transfer related to transshipment of goods.

Article 1. Scope

This Circular prescribes payment and money transfer related to current transactions which are goods transshipment of Vietnamese traders.

Article 2. Regulated entities

1. Banks and foreign banks’ branches licensed for operating and providing foreign exchange (hereinafter referred to as “licensed banks”).

2. Vietnamese traders participating in goods transshipment (other than Vietnamese traders which are foreign-invested economic organizations) (hereinafter referred to as “traders”).

3. Other agencies, organizations and individuals related to payment and money transfer for transactions of goods transshipment.

Article 3. Principles of payment and money transfer related to goods transshipment

1. Payment and money transfer related to goods transshipment shall be conducted by 2 separate instances of payment and money transfer: transfer of payment for procurement agreements and receipt of money from procurement agreements. Transfer of payment for procurement agreements may be conducted before or after the money receipt.

2. All instances of payment and money transfer related to goods transshipment must be conducted via licensed banks.

3. Traders may only pay and transfer the money in the same transshipment transactions under contracts for purchasing goods and contracts for selling the same goods in the same licensed banks.

4. Traders may use foreign currency in their accounts for payment in foreign currency and foreign currency bought of licensed banks to be transferred abroad to pay for contracts for purchasing goods.

Article 4. Responsibilities of licensed banks

1. Develop internal regulations which specify examining both contracts for purchasing goods and contracts for selling goods in the same transshipment transaction when transferring money overseas, monitoring foreign currency flow into and out of Vietnam territory in goods transshipment via stocktaking and monitoring of figures of money transferred and received in the same transshipment transaction.

2. Upon conducting foreign currency sale, payment and transfer related to transshipping goods to customers, licensed banks are responsible for examining and storing documents and certificates conforming to practical transaction to ensure that provision of foreign exchange services is conducted for the correct purposes and satisfactory to this Circular and relevant law provisions.

3. Stringently implement and instruct customers to implement regulations under this Circular.

Article 5. Responsibilities of traders

1. Present certificates according to regulations of licensed banks while buying foreign currency, making payment and transferring money serving goods transshipment and be legally responsible for accuracy and honesty of all documents and certificates presented to licensed banks.

2. Provide information about income received from contracts for selling goods to enable licensed banks to list and monitor money transfer and receipt figures in the same transshipment transaction and be legally responsible for accuracy and honesty of all information provided to licensed banks.

3. Stringently comply with this Circular and relevant law provisions.

4. Do not use certificates of a transshipment transaction to buy foreign currency, make payment and transfer money in many licensed banks.

Article 6. Entry into effect

1. This Circular comes into effect from May 15, 2020.

2. With respect to contracts for purchasing and selling transshipment goods signed before the effective date hereof, traders may continue to make payment and transfer money according to signed contracts for purchasing and selling.

Payment and money transfer under contracts for purchasing and selling transshipment goods revised or extended after the effective date hereof shall comply with regulations under this Circular.

Article 7. Implementation

Chief of the Office, Director General of Foreign Exchange Management Department, heads of relevant entities affiliated to State Bank of Vietnam, Governor of State Bank of Vietnam of provinces and central-affiliated cities, Chairpersons of Board of Directors, Chairpersons of Board of Members and General Director of banks are responsible for implementation of this Circular./.