| THE STATE BANK OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| No. 19/2014/TT-NHNN | Hanoi, August 11, 2014 |
CIRCULAR
Guiding the foreign exchange management of foreign direct investment in Vietnam
Pursuant to June 16, 2010 Law No. 46/2010/QH12 on the State Bank of Vietnam;
Pursuant to June 16, 2010 Law No. 47/2010/QH12 on Credit Institutions;
Pursuant to December 13, 2005 Ordinance No. 28/2005/PL-UBTVQH11 on Foreign Exchange; and March 18, 2013 Ordinance No. 06/2013/UBTVQH13 Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;
Pursuant to the Government’s Decree No. 70/2014/ND-CP of July 17, 2014, detailing the implementation of a number of articles of the Ordinance on Foreign Exchange and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;
Pursuant to the Government’s Decree No. 156/2013/ND-CP of November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam (below referred to as the State Bank);
At the proposal of the Director of the Foreign Exchange Management Department;
The State Bank Governor promulgates the Circular guiding the foreign exchange management of foreign direct investment in Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the foreign exchange management of foreign direct investment activities in Vietnam, including: contribution of investment capital; opening and use of foreign-currency and Vietnam-dong direct investment capital accounts; transfer of capital, profits and lawful incomes abroad; transfer of investment capital in the stage of investment preparation.
Article 2. Subjects of application
This Circular applies to the following subjects:
1. Residents that are foreign-invested enterprises;
2. Non-residents that are parties to business cooperation contracts in Vietnam;
3. Non-residents that are foreign investors in foreign-invested enterprises;
4. Organizations and individuals that are involved in foreign direct investment in Vietnam.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. “Foreign investor” means a non-resident that is an organization or individual conducting foreign direct investment activities in Vietnam in a form of direct investment under the current regulations on investment.
2. “Foreign-invested enterprise” means an enterprise to which a foreign investor contributes capital for its establishment and management and which conducts investment activities in Vietnam.