THE STATE BANK OF VIETNAM

Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the Vietnam State Bank providing guidelines upon approval procedure for activities of export, import of foreign currency in cash of permitted banks

Pursuant to the Law No. 46/2010/QH12 dated June 29, 2010 of the National Assembly on the State Bank of Vietnam;

Pursuant to the Law No. 47/2010/QH12 of the National Assembly on credit institutions;

Pursuant to the Ordinance No. 28/2005/PL-UBTVQH11 and the Ordinance No. 06/2013/UBTVQH13 dated March 18, 2013 amending and supplementing a number of articles of the Ordinance on foreign exchange;

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

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

The Governor of the Vietnam State Bank promulgates the Circular providing guidelines upon approval procedure for activities of export, import of foreign currency in cash of permitted banks

Article 1. Scope of application and subject of application

This Circular provides guidelines upon approval procedure for activities of export, import of foreign currency in cash of commercial banks, branches of foreign banks permitted operating the foreign exchange (hereinafter referred as permitted bank).

Article 2. Forms, competence for approval of the export, import of foreign currency in cash

1. Activities of export, import of foreign currency in cash of permitted banks shall be carried out through gate of Noi BaiInternationalAirport and TanSonNhatInternationalAirport.

2. Permitted banks that have demand on export and import of foreign currency in cash must be approved by the State Bank of Vietnam on each time of export and import of foreign currency in cash as specified under this Circular.

3. The Vietnam State Bank’s Hanoi branch shall issue the approval decision of export and import of foreign currency in cash on each time for permitted banks that have demand on export and import of foreign currency in cash through gate of international airport Noi Bai.

4. The Vietnam State Bank’s Ho Chi Minh city branch shall issue the approval decision of export and import of foreign currency in cash on each time for permitted banks that have demand on export and import of foreign currency in cash through gate of international airport of Tan Son Nhat.

Article 3. Procedures for proposing the approval of the export, import of foreign currency in cash of permitted banks

1. Permitted banks that have demand on export and import of foreign currency in cash shall prepare a dossier for approval on each time and send it by post or submit it directly to the Vietnam State Bank’s Hanoi city or the Vietnam State Bank’s Ho Chi Minh city branch. Dossier includes:

a) Application for approval on export and import of foreign currency in cash signed by the legal representative or authorized person or persons that are classified authorization of permitted banks (according to the form in the Appendix No. 01).

b) Contract of export and import of foreign currency in cash with foreign bank or credit institutions (only send for the first time and send additionally when there is a change on partner).

c) Internal regulations of permitted bank on activities of export, import of foreign currency in cash, of which regulations on authorization classification to perform the export, import of foreign currency in cash internally and regulations on management, supervision and guarantee in the safety of receiving, keeping and transporting foreign currency in cash must comply with regulation of the Vietnam State Bank (only send for the first time and send additionally when there is a change).

d) Power attorney if application signed by person is legal representative of permitted bank;

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