Chương IV Nghị định 121/2021/NĐ-CP: Trình tự, thủ tục cấp giấy phép thu, chi ngoại tệ và hoạt động ngoại hối khác

Chapter IV

PROCEDURES FOR ISSUANCE OF LICENSES FOR COLLECTION AND PAYMENT OF FOREIGN CURRENCY AND OTHER FOREIGN EXCHANGE OPERATIONS

Article 29. Procedures for issuance of licenses for collection and payment of foreign currency and other foreign exchange operations

1. Enterprises in the business of prize-winning electronic games that have demand for collection and payment of foreign currency and other foreign exchange operations prescribed in this Decree shall conduct the procedure for issuance of licenses for collection and payment of foreign currency and other foreign exchange operations (hereinafter referred to as "license").  A dossier of application includes:

a) An application for issuance of the license according to Form No. 4 prescribed in Appendix II promulgated with this Decree;

c) A copy of the investment certificate or enterprise registration certificate;

c) A copy of the document issued by a competent state management agency permitting the business of prize-winning electronic games or the business eligibility certificate in case the investment certificate or enterprise registration certificate does not include prize-winning electronic game business (for enterprises that are eligible for the business of prize-winning electronic game when Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners (hereinafter referred to as "Decree No. 86/2013/ND-CP”) comes into force), or the business eligibility certificate (for enterprises that are eligible for the business of prize-winning electronic game after Decree No. 86/2013/ND-CP comes into force);

d) Internal regulations on the management and control of the source of collection and payment of foreign currency signed by a legal representative of the enterprise.

2. An enterprise shall submit 1 dossier of application directly or by post to the State Bank of Vietnam.

3. Within 45 days after receiving a full dossier in accordance with regulations, the State Bank of Vietnam shall consider issuing the license according to Form No. 5 prescribed in Appendix II promulgated with this Decree.  If the State Bank of Vietnam rejects the dossier of application, it shall respond and provide specific explanations in writing.

In case the dossier does not satisfy the requirements or is invalid, within 15 days after receiving it, the State Bank of Vietnam shall request the enterprise to supplement its dossier in writing.

4. The maximum duration of a license is the remaining duration prescribed in the business eligibility certificate or the investment certificate or enterprise registration certificate which includes the business of prize-winning electronic games or the document issued by a competent state management agency permitting such business. If an enterprise does not have a business eligibility certificate and the investment certificate or enterprise registration certificate, or the document issued by a competent state management agency permitting the business of prize-winning electronic game does not specify the specific business duration, the duration of its license shall not exceed 10 years after it comes into force.

Article 30. Procedures for re-grant, adjustment, or extension of licenses

1. Re-grant of licenses

a) An enterprise shall conduct the procedures for re-grant of its license in the following cases:

- Its business license is lost or damaged due to natural disasters, fire, or other objective reasons;

- b) After it is reorganized (full division, partial division, consolidation, acquisition or conversion of an enterprise) according to the Law on Enterprises. Within 30 days after receiving the re-granted business eligibility certificate, it shall conduct procedures for re-grant of the license.

b) A dossier of application for re-grant of a license includes:

- An application for re-grant of the license in which specifies the reasons according to Form No. 6 prescribed in Appendix II promulgated with this Decree;

- A copy of the investment certificate or enterprise registration certificate granted by competent state management agencies and is still valid;

- A copy of the re-granted business eligibility certificate (for reorganized enterprises).

c) Procedures for dossier submission to the State Bank of Vietnam shall be conducted in accordance with regulations prescribed in Clause 2 Article 29 of this Decree;

d) Procedures for issuance of licenses shall be conducted in accordance with regulations prescribed in Clause 3 Article 29 of this Decree;

dd) The duration of a re-granted license is the remaining duration of the license granted in the nearest time;

e) Within 5 working days after receiving the re-granted license (for reorganized enterprises), the enterprise shall return the original license to the State Bank of Vietnam.

2. Adjustment of licenses

a) An enterprise may adjust its license in the following cases:

- Changing its name;

- Changing the bank (permitted) where its accounts specialized for foreign currencies are opened;

- Changing its cash funds.

b) A dossier of application for adjustment of a license includes:

- An application for adjustment of the license in which specifies the reasons according to Form No. 6 prescribed in Appendix II promulgated with this Decree;

- Documents proving that the adjusted contents are in conformity with regulations prescribed in Point a of this Clause (if any).

c) Procedures for dossier submission to the State Bank of Vietnam shall be conducted in accordance with regulations prescribed in Clause 2 Article 29 of this Decree;

d) Procedures for issuance of licenses shall be conducted in accordance with regulations prescribed in Clause 3 Article 29 of this Decree;

dd) The duration of an adjusted license is the remaining duration of the license granted in the nearest time;

e) When an enterprise has the permission and wishes to change the bank where its accounts specialized for foreign currencies are opened, within 5 working days after its license is adjusted, the enterprise shall open new specialized accounts and transfer the remaining foreign currencies from the old accounts into the new ones or the payment accounts in foreign currencies; and concurrently conduct procedures for closing its old specialized accounts and report to the State Bank of Vietnam according to Form No. 7 prescribed in Appendix II promulgated with this Decree;

g) Within 5 working days after receiving the adjusted license, the enterprise shall return the original license to the State Bank of Vietnam.

3. Extension of licenses

a) If an enterprise wishes to extend the license (granted by the State Bank of Vietnam) duration, conduct procedures for its extension at least 30 days before it expires. A dossier of application includes:

- An application for extension of the license according to Form No. 6 prescribed in Appendix II promulgated with this Decree;

- Documents prescribed in Points b and c Clause 1 Article 29 of this Decree;

b) Procedures for dossier submission to the State Bank of Vietnam shall be conducted in accordance with regulations prescribed in Clause 2 Article 29 of this Decree;

c) Procedures for extension of licenses shall be conducted in accordance with regulations prescribed in Clause 3 Article 29 of this Decree;

d) The duration of a license is in accordance with regulations prescribed in Clause 4 Article 29 of this Decree;

dd) Within 5 working days after receiving the extended license, the enterprise shall return the original license to the State Bank of Vietnam.

Article 31. Revocation of licenses

The State Bank of Vietnam shall revoke a license of an enterprise in the following cases:  

1. The dossier of application for issuance of the license has fraudulent information.

2. The enterprise fails to organize its operation of collection and payment of foreign currencies 12 months after obtaining its license, excluding situations where it is affected by natural disasters, fire, epidemics, or other objective reasons.

3. The enterprise is dissolved or falls bankrupt in accordance with law.

4. c) The enterprise has its investment certificate, enterprise registration certificate, or business eligibility certificate revoked by a competent agency;

5. The enterprise receives 3 or more administrative penalties for violations of foreign exchange management.

Article 32. Conversion of licenses

1. Transitional duration

Enterprises prescribed in Clause 1 Article 42 of this Decree that are previously permitted to conduct the collection and payment of foreign-currency cash for the business of prize-winning electronic games by the State Bank of Vietnam may continue their operation according to the approval document of the State Bank of Vietnam. If an enterprise wishes to convert the previous document into the license, it shall conduct procedures for the conversion.

2. Dossiers and procedures for the conversion

a) A dossier of application for conversion of a license includes:

- An application for conversion of the license according to Form No. 8 prescribed in Appendix II promulgated with this Decree;

- A copy of the investment certificate or enterprise registration certificate;

- A copy of the document issued by a competent state management agency permitting the business of prize-winning electronic games (in case the investment certificate or enterprise registration certificate does not include prize-winning electronic game business) or the business eligibility certificate (for enterprises that have their license converted to the business eligibility license by the Ministry of Finance);

- Internal regulations on the management and control of the source of collection and payment of foreign currency signed by a legal representative of the enterprise.

- A copy of the granted approval document for the operation of collection and payment of foreign-currency cash and other foreign exchange operations;

- Reports on the performance of collection and payment of foreign currencies and other foreign exchange operations related to the business of prize-winning electronic games from when the State Bank of Vietnam granted the approval document according to Form No. 9 prescribed in Appendix II promulgated with this Decree.

b) Procedures for dossier submission to the State Bank of Vietnam shall be conducted in accordance with regulations prescribed in Clause 2 Article 29 of this Decree;

c) Procedures for issuance of licenses shall be conducted in accordance with regulations prescribed in Clause 3 Article 29 of this Decree;

d) Within 5 working days after receiving the converted license, the enterprise shall return the original approval document for collection and payment of foreign-currency cash and other foreign exchange operations to the State Bank of Vietnam. 

3. The duration of a license is in accordance with regulations prescribed in Clause 4 Article 29 of this Decree;