Thông tư 17/2020/TT-NHNN sửa đổi Thông tư 33/2013/TT-NHNN hướng dẫn về thủ tục chấp thuận hoạt động xuất khẩu, nhập khẩu ngoại tệ tiền mặt của các ngân hàng được phép do Ngân hàng Nhà nước Việt Nam ban hành

CIRCULAR

AMENDING AND SUPPLEMENTING SEVERAL ARTICLES OF THE CIRCULAR NO. 33/2013/TT-NHNN DATED DECEMBER 26, 2013 OF THE STATE BANK’S GOVERNOR, PROVIDING GUIDANCE ON PROCEDURES FOR GRANT OF PERMISSION FOR EXPORTATION AND IMPORTATION OF FOREIGN CURRENCY CASH BY AUTHORIZED BANKS

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on Amending and Supplementing certain Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Ordinance on Foreign Exchange dated December 13, 2005 and the Ordinance on amendments and supplements to several articles of the Ordinance on Foreign Exchange dated March 18, 2013;

Pursuant to the Government’s Decree No. 85/2019/ND-CP dated November 14, 2019, stipulating the implementation of administrative procedures under the national or ASEAN single-window mechanisms, and specialized inspections of imports and exports;

Pursuant to the Government's Decree No. 16/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Upon the request of the Director of the Foreign Exchange Administration;

The Governor of the State Bank of Vietnam promulgates the Circular on amendments and supplements to several Articles of the Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the State Bank’s Governor, providing guidance on procedures for grant of permission for exportation and importation of foreign currency cash by authorized banks (hereinafter referred to as Circular No. 33/2013/TT-NHNN).

Article 1. Amending and supplementing certain articles of the Circular No. 33/2013/TT-NHNN

Article 3 shall be amended and supplemented as follows:

“Article 3. Procedures for approval of exportation and importation of foreign currency cash by authorized banks

1. Principles of making declaration to provide, sending, handling, issuing notification of results of processing of, exchanging information and providing feedbacks on application documentation for permission for exportation and importation of foreign currency cash by authorized banks:

a) When applying online via the national single-window portal, digital signatures may be used.  Making declaration to provide, submitting, handling, notifying the results of processing of, exchanging information, providing feedbacks, and using digital signatures on the national single-window portal and the specialized processing system of the State Bank of Vietnam shall be subject to the provisions of the Government’s Decree No. 85/2019/ND-CP dated November 14, 2019, regulating the implementation of administrative procedures according to the national and ASEAN single-window mechanisms and the specialized inspection of imported and exported commodities, and written documents providing amendment, supplementation or replacement (if any);

b) In case the national single-window portal system or the specialized processing system of the State Bank of Vietnam cannot receive or exchange electronic information because of encountering any problem or error, information shall be declared, provided, sent, received, handled, notified after being processed, exchanged, and feedbacks on these information shall be provided, by post or directly at reception and notification divisions of the State Bank’s branches in Hanoi city and Ho Chi Minh city;

c) Documents stored in electronic files must be electronic ones scanned from the originals (in PDF file format), except for the written online applications for permission for exportation and importation of foreign currency cash which are submitted via the national single-window portal. Documents contained in paper files must be the originals or the duplicates certified by legal representatives of authorized banks.

2. The application package must include the following documents:

a) Written request for permission for exportation and importation of foreign currency cash, using the sample given in the Appendix 01 hereto;

b) Foreign currency cash export or import contract signed between an authorized bank and another foreign bank or financial institutes, enclosing the Vietnamese translation endorsed by the authorized bank’s legal representative (required in the first submission only and in case of any change);

c) Internal rules and regulations of the authorized bank on the exportation and importation of foreign currency cash, including clauses of the decentralization of authority or the authorization to carry out foreign currency cash importation and exportation activities within the system and clauses under which the management, supervision, and safety assurance for the delivery, reception, storage and transportation of foreign currency cash must conform to the State Bank of Vietnam’s regulations (only required for the first submission and in case of any change);

d) Authorization letter required in case where the signatory to the written application for permission is the authorized bank’s attorney in fact (required for the first submission and in case of any change).

3. Processes and procedures for permission for exportation and importation of foreign currency cash:

a) When wishing to export or import foreign currency cash, the authorized bank prepares and sends 01 (one) set of application documents to the State Bank branch in Hanoi city or the State Bank branch in Ho Chi Minh city as per clauses 1 and 2 of this Article;

b) Within 2 (two) working days of receipt of complete and valid documents prescribed in Clause 2 of this Article, the State Bank branch in Hanoi city or the State Bank branch in Ho Chi Minh city considers approving the exportation and importation of foreign currency cash by the authorized bank using the form provided in Appendix 02 to this Circular, and send the completed form to the authorized bank as provided in points a and b of clause 1 of this Article.

In case where the application package is incomplete or invalid, the State Bank branch in Hanoi or the State Bank branch in Ho Chi Minh city shall issue an online notification via the national single-window portal or a written notification to the authorized bank (in the case specified in point b of clause 1 of this Article), and clearly state the reasons.

4. Within 03 (three) working days of receipt of all required documents related to the exportation and importation of foreign currency cash (e.g. payment telegram and customs declaration), the authorized bank shall send the payment telegram and the customs declaration (certified by the legal representative of the authorized bank) through to The State Bank branch in Hanoi or the State Bank branch in Ho Chi Minh City.”

Article 2.

Replacing the Appendix No. 01, 02 and 03 to the Circular No. 33/2013/TT-NHNN with the Appendix No. 01, 02 and 03 to this Circular.

Article 3. Implementation responsibilities 

The Office’s Chief, the Director of Foreign Exchange Administration, the Banking Inspection and Supervision Chief, the Heads of the State Bank’s affiliated or subordinate units, the Director of the State Bank’s branch in Hanoi city, the Director of the State Bank’s branch in Ho Chi Minh city, commercial banks and foreign bank branches granted authorization to provide foreign exchange services shall be responsible for implementing this Circular.

Article 4. Implementation provisions

This Circular shall take effect as of February 1, 2021./.

Appendix 01

REQUEST FORM FOR PERMISSION FOR EXPORTATION AND IMPORTATION OF FOREIGN CURRENCY CASH

Dear SBV’s branch in the city, province:……..

1. Bank’s name: ................................................................................................................

2. Address: .......................................................................................................................

3. Telephone number:  ............................................................ Fax number:........................

4. Applying for: Permission for exportation and importation of foreign currency cash

Across the border: ............................................................................................................

Partner: .............................................................................................................................

Time: From date (dd/mm/yyyy)……………to date (dd/mm/yyyy)...........................................

5. We hope that the SBV's branch.................considers issuing the Decision on approval of exportation/importation of foreign currency cash detailed above to us.  

6. The Bank………..is committed to export or import foreign currency cash in accordance with foreign exchange regulations and use them for the designated purposes.

Appendix 02

SAMPLE DECISION ON APPROVAL OF EXPORTATION OR IMPORTATION OF FOREIGN CURRENCY CASH

1. Bank’s name:.................................................................................................................

2. Address:........................................................................................................................

3. Telephone number:  ....................................................................................  Fax number:

4. Decision details:

The State Bank of Vietnam's branch agrees to the bank…’s exportation/importation of the following foreign currency items:

Across the border: ......................................

Partner:..............................................................................................................................

This Decision is coming in use from date (dd/mm/yyyy).................to date (dd/mm/yyyy)................and is valid for only one importation/exportation effort.

5. The Bank………..shall have the burden of exporting or importing foreign currency cash in accordance with foreign exchange regulations and using them for the designated purposes.

Appendix 03

REVIEW REPORT ON EXPORTATION OR IMPORTATION OF FOREIGN CURRENCY CASH

(mm/yyyy)……………

Dear Foreign Exchange Administration – State Bank of Vietnam

1. Quantity of exported and imported foreign currency cash:

Unit: Converted into USD

2. Procedures for approval of export and import of foreign currency cash by authorized banks

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