Chapter I
GENERAL PROVISIONS
Article 1.- Objects and scope of regulation
1. This Decree provides for foreign exchange and management of foreign exchange transactions of Vietnamese organizations and individuals on the Vietnamese territory and overseas, and of foreign organizations and individuals on the Vietnamese territory.
2. In the Socialist Republic of Vietnam, all foreign exchange transactions of organizations and individuals must comply with the provisions of this Decree and other relevant provisions of law. Foreign exchange shall be circulated only via the banking system, by organizations and/or individuals licensed to carry out foreign exchange transactions.
3. Foreign exchange transactions in the border areas and in export-processing zones shall comply with separate regulations of the Prime Minister.
Article 2.- State management over foreign exchange
1. The Government shall exercise uniform State management over foreign exchange and foreign exchange transactions;
2. The Governor of the State Bank shall be accountable to the Government for the State management over foreign exchange and foreign exchange transactions;
3. The ministries, ministerial-level agencies, agencies attached to the Government, People's Committees of the provinces and cities directly under the Central Government shall, within their respective tasks and powers, have to perform the State management over foreign exchange and foreign exchange transactions.
Article 3.- Application of international treaties, international practices and foreign laws in foreign exchange transactions with foreign parties
1. In cases where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from the provisions of this Decree, the provisions of such international treaty shall apply.
2. In cases where it is not forfended by Vietnamese law, parties involved in foreign exchange transactions with foreign countries may agree on the application of international practices or foreign laws, provided that such application does not cause any consequences damaging the interests of Vietnam.
Article 4.- Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Foreign exchange shall include:
a/ Foreign currencies, including bank-notes and coins;
b/ Instruments of payment in foreign currencies, such as: checks, payment cards, bills of exchange, bank certificates of deposit, postal certificates of deposit and other payment instruments;
c/ Papers of foreign currency value, such as: Government bonds, corporate bonds, term bonds, shares and other valuable papers;
d/ The special right to capital withdrawal, the Euro (common European currency), and other common currencies used in international and regional payment;
e/ Gold of international standard;
f/ The Socialist Republic of Vietnam's currency being circulated if it is transferred in or out of the Vietnamese territory or is used as an instrument of international payment.
2. Residents being organizations or individuals shall include:
a/ State enterprises, private enterprises, companies, cooperatives and other economic organizations of all economic sectors of Vietnam, which are established and doing business in Vietnam (hereafter referred to as Vietnamese economic organizations);
b/ Foreign-invested enterprises and foreign parties to business-cooperation contracts operating under the Law on Foreign Investment in Vietnam; branches of foreign companies, foreign contractors, Vietnamese contractors joining partnership with foreign ones and other foreign-invested economic organizations doing business in Vietnam, not under the Law on Foreign Investment in Vietnam;
c/ Vietnamese credit institutions, joint-venture credit institutions, non-banking credit institutions with 100% foreign capital, branches of foreign banks doing business in Vietnam (hereafter referred to as credit institutions in Vietnam);
d/ Vietnamese State agencies, armed forces units, political organizations, socio-political organizations, social organizations, socio-professional organizations, social funds and charity funds, which are operating in Vietnam;
e/ Vietnamese diplomatic missions, consulates, representations of the armed forces, political organizations, socio-political organizations, social organizations, socio-professional organizations, social funds and charity funds operating overseas; Vietnamese citizens working in these organizations and their dependents;
f/ Representative offices of Vietnamese economic organizations, foreign-invested enterprises in Viet-nam and of Vietnamese credit institutions operating overseas;
g/ Vietnamese citizens residing in Vietnam; Vietnamese citizens residing abroad for less than 12 months;
h/ Foreigners residing in Vietnam for 12 months or more;
i/ Vietnamese citizens going abroad for tourism, study, medical treatment or visits (regardless of duration).
3. Non-residents being organizations or individuals shall include:
a/ Foreign economic organizations set up and doing business in foreign countries;
b/ Vietnamese economic organizations and foreign-invested enterprises based in Vietnam doing business in foreign countries;
c/ Vietnamese credit institutions and Vietnam-based foreign credit institutions, which are set up and doing business in foreign countries;
d/ Foreign State agencies, armed forces units, political organizations, socio-political organizations, social organizations, socio-professional organizations, social funds and charity funds, operating in foreign countries;
e/ Foreign diplomatic missions, consulates and representative offices of international organizations, inter-governmental organizations, non-governmental organizations, armed forces and political organizations, socio-political organizations, social organizations and socio-professional organizations, operating in Vietnam; foreigners working in these organizations and their dependents;
f/ Representative offices of foreign economic organizations; representative offices of foreign credit institutions operating in Vietnam;
g/ Foreigners residing abroad; foreigners residing in Vietnam for a period of less than 12 months;
h/ Vietnamese citizens residing abroad for a period of 12 months or more;
i/ Foreigners entering Vietnam for tourism, study, medical treatment or visit (regardless of duration).
In cases where the involved organizations or individuals have not yet been determined as residents or non-residents, the decision thereon shall be made by the Governor of the State Bank.
4. Foreign exchange transactions mean operations of investment, borrowing, lending, guaranty, purchase and sale and other transactions regarding foreign exchange.
5. Foreign exchange rate means the value of a foreign monetary unit calculated in Vietnam's monetary unit.
6. Foreign currency means the currency of a foreign country or a common currency.
7. Foreign currencies in cash mean bank-notes, metal coins, traveler's checks and other similar payment instruments in foreign currencies as prescribed by law.
8. Gold of international standard means solid gold, ingot gold, gold pieces and gold leaves stamped with the seal of quality and weight control and with trade marks of international gold producers or internationally recognized domestic gold producers.
9. Licensed bank means a bank in Vietnam which is allowed by the State Bank to carry out foreign exchange transactions.
10. Foreign exchange desk means an organization allowed by the State Bank to collect and exchange foreign currencies in cash. Foreign exchange desks may be organized directly by the credit institutions licensed to carry out foreign exchange transactions or by their authorized agents.
11. Current transactions mean the transactions between residents and non-residents regarding goods, services, incomes from direct investment, incomes from investment in valuable papers, interests on foreign loans and deposits, one-way money transfer and the similar transactions as prescribed by law.
12. Current payment means conducting current transaction revenues and expenditures.
13. Capital transactions mean the transactions in the transfer of capital into Vietnam, transfer of capital from Vietnam abroad in the fields of direct investment, investment in valuable papers, foreign borrowings and payment of foreign debts, foreign loans and retrieval of foreign loans, and other investment forms prescribed by Vietnamese law which increase or reduce the credit assets or debit assets between the residents and non-residents.
14. Capital transfer means the transfer of capital from abroad into Vietnam or from Vietnam abroad in service of capital transactions.
15. Direct investment means foreign investors bring capital in cash or in any kind of property into Vietnam to conduct investment activities in accordance with the provisions of the Law on Foreign Investment in Vietnam, or Vietnamese investors make their investment abroad in cash or any property in order to conduct investment activities under the investment legislation of Vietnam and relevant foreign country(ies).
16. Investment in valuable papers means investment in shares, bonds, instruments of the monetary market and future financial instruments issued in Vietnam or investment by residents in valuable papers issued in foreign countries.
17. Foreign borrowings and payment of foreign debts mean the residents borrow and pay debts to the non-residents in any form of payment in foreign currencies.
18. Foreign loans and retrieval of foreign loans means the residents grant loans and retrieve such loans from the non-residents in any form of payment in foreign currencies.
19. Overseas accounts mean the residents' accounts opened at banks operating outside the Vietnamese territory.
Tìm kiếm
Nghị định 63/1998/NĐ-CP (Bản Word)