Thông tư 33/2013/TT-NHNN

CIRCULAR

GUIDING PROCEDURES FOR THE APPROVAL FOR ACTIVITIES OF EXPORT AND IMPORT OF FOREIGN CURRENCIES IN CASH OF THE AUTHORIZED BANKS

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

Pursuant to the Law on credit institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Ordinance on foreign exchange No. 28/2005/PL-UBTVQH dated December 13, 2005 and Ordinance No. 06/2013/UBTVQH13 dated March 18, 2013, amending and supplementing a number of Articles of Ordinance on foreign exchange;

Pursuant to the Government’s Decree No. 156/2013/ND-CP dated November 11, 2013, defining the functions, tasks, powers and organizational structure of the State bank of Vietnam;   

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

The Governor of the State bank of Vietnam promulgates Circular guiding procedures for the approval for activities of export and import of foreign currencies in cash of the authorized banks,

Article 1. Scope of regulation and subjects of application

This Circular prescribes procedures for the approval for activities of export and import of foreign currencies in cash of the commercial banks, foreign banks’ branches authorized to operate foreign exchange (hereinafter referred to as the authorized banks).

Article 2. Forms and authority of the approval for activities of export and imports of foreign currencies in cash

1. Activities of export and import of foreign currencies in cash of the authorized banks may be performed through the Noi Bai and Tan Son Nhat international aviation border gates.

2. When having need of export and import of foreign currencies in cash, the authorized banks must do procedures for the approval of export and import of foreign currencies in cash for each time with the State bank of Vietnam (SBV) in accordance with provisions in this Circular.

3. The State bank’s branch in Hanoi City shall grant decision on approving for export and import of foreign currencies in cash for the authorized banks that have need of export and import of foreign currencies in cash through the Noi Bai international aviation border gate.

4. The State bank’s branch in Ho Chi Minh City shall grant decision on approving for export and import of foreign currencies in cash for the authorized banks that have need of export and import of foreign currencies in cash through the Tan Son Nhat international aviation border gate.

Article 3. Procedures for requesting for the approval for export and import of foreign currencies in cash of the authorized banks

1. When having need of conducting each time of export or import of foreign currencies in cash, the authorized banks shall make 01 (one) set of dossier of requesting for the approval for export or import of foreign currencies in cash under each time of sending via post or remitting directly to the State bank’s branches in Hanoi and Ho Chi Minh Cities.  A dossier includes:

a) Written request for the approval for export and import of foreign currencies in cash signed by the representative at law or the authorized person or the person decentralized under authorization of the authorized banks (according to form at Annex No. 01);

b) Contract of export and/or import of foreign currencies in cash signed with foreign banks or financial organizations (just send for the first time and send for addition upon having changes of partners);

c) Internal rules of the authorized banks about activities of export and import of foreign currencies in cash, in which, prescribing on decentralization for authorization to perform activities of export and import of foreign currencies in cash inside of system and prescribing management, supervision, assurance on safety in delivery and receipt, preservation and transport of foreign currencies in cash must observe the SBV’s regulations (just send for the first time and send for addition upon having changes of partners);

d) Letter of authorization in case where the person sign on the application for the approval is the authorized representative of the authorized banks.

Dossier must be made in Vietnamese. Copies in Vietnamese and translations from foreign languages to Vietnamese must be signed for confirmation by the representative at law of the authorized person or the person decentralized under authorization of the authorized banks.

2. Within 02 (two) working days, after receiving a full and valid dossier as prescribed in this Circular, the State bank’s branches in Hanoi and Ho Chi Minh Cities shall consider and approve the export and import of foreign currencies in cash or the authorized banks (according to form at Annex No.02). In case of refusal, the State bank’s branches in Hanoi and Ho Chi Minh Cities shall issue a written reply clearly stating reason thereof.   

3. Within 03 (three) working days after export and import of foreign currencies in cash, the authorized banks shall submit to the State bank’s branches in Hanoi and/or Ho Chi Minh Cities copies (with signature for confirmation of the representative at law of the authorized banks or the authorized person or person assigned inside of the authorized banks), documents related to export and import of foreign currencies in cash include:   payment telegram and customs declaration.

Article 4. Responsibilities of the authorized banks

The banks authorized to perform activities of export and import of foreign currencies in cash shall:

1. Observe strictly provisions in this Circular, current regulations on foreign exchange control, prevention and fighting of money laundering and other relevant legislations.

2. To manage, supervise and ensure safety in delivery and receipt, preservation and transport of foreign currencies in cash. Use the imported foreign currencies in cash for proper purpose in accordance with current regulations on foreign exchange control.

3. Report monthly as prescribed at Clause 1 Article 6 of this Circular.

Article 5. Responsibilities of the State bank’s branches in Hanoi and/or Ho Chi Minh Cities

1. Grant decision on approval for export and import of foreign currencies in cash under each time for the authorized banks as prescribed in this Circular.

2. Examine, inspect, supervise and handle violations in activities of export and import of foreign currencies in cash of the authorized banks.

3. Report monthly as prescribed at Clause 2 Article 6 of this Circular.

Article 6. The reporting regime

1. Monthly, the banks authorized to perform activities of export and import of foreign currencies in cash shall report figures of export and/or import of foreign currencies in cash in accordance with regulations of SBV on the regime of reporting and making statistics applicable to units under SBV and credit institutions, foreign banks’ branches.

2. Monthly, not later than the 20^th day of month proceeding the report month, the State bank’s branches in Hanoi and Ho Chi Minh Cities shall sum up situations of export and import of foreign currencies in cash or the authorized banks and report them to SBV - Department of Foreign Exchange Management (according to form at Annex No.03).

Article 7. Implementation provisions

1. This Circular takes effect on February 10, 2014 and replaces Decision No.19/2001/QD-NHNN dated January 12, 2001, authorizing to Director of the State bank’s branch in Ho Chi Minh City for implementation of a number of affairs regarding the control of foreign exchanges in the Southern provinces and cities.

2. The Chief of office, Director of Department of Foreign Exchange Management, the Chief of banking Inspectorate and Supervision, heads of relevant units of SBV, Directors of the State bank’s branches in Hanoi and Ho Chi Minh Cities, chairmen of Boards of Directors, chairmen of Members' Councils, General Directors (Directors) of commercial banks, and foreign banks’ branches authorized to operate foreign exchange shall implement this Circular.