Chương 3 Nghị định 63/1998/NĐ-CP: Các giao dịch vãng lai

Chapter III

CURRENT TRANSACTIONS

Article 11.- Transfer of foreign currency(ies) from current revenue sources back to Vietnam

Residents being organizations which have foreign currencies originated from overseas current revenue sources shall have to transfer all the amounts of foreign currency(ies) back to Vietnam in accordance with the stipulations of the State Bank and deposit them in foreign currency accounts opened at the licensed banks.

Article 12.- Obligation to sell foreign currency(ies) of residents being organizations

Residents being Vietnamese economic organizations, foreign-invested enterprises and foreign parties to business cooperation contracts shall be supported by the Vietnamese Government in balancing their foreign currency(ies); branches of foreign companies, foreign contractors, Vietnamese contractors joining partnership with foreign ones, State agencies, armed forces units, political organizations, socio-political organizations, social organizations, socio-professional organizations, social funds and charity funds of Vietnam shall have to sell the amounts of foreign currency(ies) collected from current revenue sources to the licensed banks according to the rates set by the Prime Minister in each period.

Article 13.- The organizations' right to buy foreign currency(ies)

1. Residents being Vietnamese economic organizations, branches of foreign companies, foreign contractors, Vietnamese contractors joining partnership with foreign ones, credit institutions in Vietnam, State agencies, armed forces units, political organizations, socio-political organizations, social organizations, socio-professional organizations, social funds and charity funds of Vietnam shall be entitled to buy foreign currency(ies) at the licensed banks in order to meet the requirements of current transactions or other permitted transactions, based on the presentation of their valid papers and vouchers.

2. Residents being foreign-invested enterprises and foreign parties to business cooperation contracts shall be entitled to buy foreign currency(ies) at the licensed banks in order to meet the requirements of current transactions or other permitted transactions in accordance with the provisions of the legislation on foreign exchange management in the field of foreign direct investment in Vietnam.

3. Non-residents being foreign diplomatic missions, consulates, representative offices of international organizations, inter-governmental organizations and non-governmental organizations, armed forces and political organizations, socio-political organizations, social organizations, socio-professional organizations of foreign countries, representative offices of foreign economic organizations and foreign credit institutions operating in Vietnam that have sources of revenue in Vietnam dong from the visa issuance, other consular fees and lawful transactions shall be entitled to buy foreign currency(ies) and transfer them abroad via licensed banks, on the basis of the presentation of the relevant papers.

Article 14.- Purchase and transfer of foreign currency(ies) by individuals

1. Residents being Vietnamese citizens who have a demand for foreign currency(ies) to transfer abroad allowances and/or inheritance to their families and/or relatives or to pay the costs of tourism, study, work, visit, medical treatment, membership fees and other fees to foreign countries, shall be allowed to buy, transfer or bring such currency(ies) abroad, on the basis of the presentation of relevant papers as stipulated by the State Bank.

2. Residents being foreigners working in Vietnam-based organizations, who are paid wages, rewards, allowances and have other lawful incomes in foreign currency(ies) shall be entitled to transfer or bring such foreign currency(ies) abroad; if they are paid in Vietnam dong, they shall be entitled to buy foreign currency(ies) at the licensed banks, on the basis of the presentation of relevant vouchers and the certification of their fulfillment of financial obligations as prescribed by law.

3. Non-residents being foreigners who have lawful incomes in foreign currency(ies) shall be entitled to transfer or bring abroad such currency(ies); if their incomes are in Vietnam dong, they shall be entitled to buy foreign currency(ies) at the licensed banks on the basis of the presentation of relevant vouchers and the certification of their fulfillment of financial obligations as prescribed by law.

Article 15.- Carrying foreign currency(ies) in cash, Vietnam dong in cash and gold of international standard on entry or exit

1. Individuals, when on entry or exit through Vietnam's border gates and carrying foreign currency(ies) in cash, Vietnam dong in cash and/or gold of international standard with an amount exceeding the levels prescribed by the Governor of the State Bank shall have to fill the procedures for declaration with the border-gate customs.

Individuals, when on entry into Vietnam and carrying gold of international standard with an amount exceeding the level prescribed by the Governor of the State Bank, shall have to fill procedures for depositing in the customs' warehouse the excess amount of gold of international standard to be taken out of Vietnam when they are on exit or sold in accordance with the stipulations of the State Bank.

2. Individuals, when on exit and carrying foreign currency(ies) in cash, Vietnam dong in cash and/or gold of international standard with an amount exceeding the amount already declared with the customs when entering Vietnam or exceeding the level prescribed by the Governor of the State Bank shall have to obtain permits from the State Bank.

3. The Governor of the State Bank shall stipulate amounts of foreign currency(ies) in cash, Vietnam dong in cash and gold of international standard allowed to be brought into or out of Vietnam on one's entry or exit for each period of time.