THE STATE BANK OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
No.: 31/2018/TT-NHNN | Hanoi, December 18, 2018 |
CIRCULAR
GUIDING FOREIGN EXCHANGE MANAGEMENT FOR OUTWARD INVESTMENT IN PETROLEUM INDUSTRY
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on amendments to the Law on Credit Institutions dated November 20, 2017;
Pursuant to the Law on investment dated November 26, 2014 and the Law dated November 22, 2016 on amendments to Article 6 and Appendix 4 regarding the list of business lines subject to specific business conditions of the Law on investment;
Pursuant to the Ordinance on Foreign Exchange dated December 13, 2005 and the Ordinance on amendments to the Ordinance on Foreign Exchange dated March 18, 2013;
Pursuant to the Government’s Decree No. 124/2017/ND-CP dated November 15, 2017 on outward investment in petroleum industry;
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;
At the request of the Director of the Foreign Exchange Management Department;
The Governor of the State Bank of Vietnam promulgates a Circular guiding foreign exchange management for outward investment in petroleum industry.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides guidance on foreign exchange management for outward investment in petroleum industry, including: transfer of foreign currency abroad before the issuance of the outward investment registration certificate by investors in the petroleum industry (hereinafter referred to as “pre-investment transfer of foreign currency abroad”); opening and use of foreign currency accounts serving the transfer of investment funds abroad before and after the issuance of the outward investment registration certificate; registration and modification of registration of forex transactions by investors after the issuance of the outward investment registration certificate; transfer of investment funds, profits and lawful incomes earned from petroleum operations from foreign countries to Vietnam.
2. The foreign exchange management for outward investment projects in petroleum industry in the form prescribed in Point d Clause 1 Article 52 of the Law on investment shall not be governed by regulations herein.
Article 2. Regulated entities
1. Investors, including institutional residents (excluding credit institutions) and individual residents making outward investment in petroleum industry in the forms prescribed in Points a, b, c, dd Clause 1 Article 52 of the Law on investment (hereinafter referred to as “investors”).
2. Other organizations and individuals involved in the outward investment in petroleum industry.
Article 3. Interpretation of terms
For the purpose of this Circular, the terms below are construed as follows:
1. “licensed credit institution” refers to a credit institution or branch of a foreign bank that is licensed to trade or provide forex service in accordance with regulations of the State Bank of Vietnam (hereinafter referred to as “SBV”).
2. “investment capital account” refers to the investor’s payment account in foreign currency or VND opened at a licensed credit institution in Vietnam after the project is granted the outward investment registration certificate in the petroleum industry for making collections and payments in accordance with regulations herein.
3. “pre-investment foreign currency account” refers to the investor’s payment account in foreign currency opened at a licensed credit institution in Vietnam for transferring foreign currency abroad before the investment as regulated in Clause 1 and Clause 4 Article 5 of the Government’s Decree No. 124/2017/ND-CP dated November 15, 2017.
4. “registration of outward investment-related forex transactions in petroleum industry” refers to the investor carrying out the registration of information concerning the investor, investment funding, investment capital account opened at the licensed credit institution and the progress of transfer of investment funding in cash abroad with
5. “registration of changes in outward investment-related forex transactions in petroleum industry” refers to the investor carrying out the registration of changes with the SBV in accordance with regulations in Clause 1 and Clause 2 Article 22 of the Decree No. 124/2017/ND-CP and regulations herein.
6. “certification of the registration of outward investment-related forex transactions in petroleum industry” refers to the SBV certifying in writing that the investor has completed the registration of outward investment-related forex transactions in petroleum industry in accordance with regulations of the Decree No. 124/2017/ND-CP and regulations herein.
7. “certification of the registration of changes in outward investment-related forex transactions in petroleum industry” refers to the SBV certifying in writing that the investor has completed the registration of changes in outward investment-related forex transactions in petroleum industry in accordance with regulations of the Decree No. 124/2017/ND-CP and regulations herein.
Article 4. Currencies used in outward investment in petroleum
Currencies used in outward investment in petroleum comprise:
1. The foreign currency on the account opened at the licensed credit institution or purchased from the licensed credit institution or derived from other lawful funding sources as regulated by law.
2. VND used in the case the country or the territory receiving the investment and Vietnam have entered into an agreement, bilateral agreement or multilateral agreement which allows the use of VND in making payment or money remittance.
Chapter II
TRANSFER OF FOREIGN CURRENCY ABROAD BEFORE INVESTMENT
Article 5. Rules for pre-investment transfer of foreign currency abroad
1. The investor is allowed to transfer foreign currency abroad for doing market research, finding investment opportunities and preparing investment before the issuance of the outward investment registration certificate in petroleum industry as prescribed in Clause 1 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP.
2. The investor must make the transfer of foreign currency abroad before investment through the pre-investment foreign currency account as prescribed in Article 7 and Article 8 hereof.
3. The limit on foreign currency to be transferred abroad before investment as prescribed in Clause 2 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP of a project is total amount of foreign currency transferred abroad before making investment in that project. If the investment project abroad is invested by more than one investor, the limit on foreign currency to be transferred abroad before investment is the sum of foreign currency amounts transferred abroad by the investors of that project.
4. The sum of the foreign currency amount transferred abroad before investment and the one to be transferred after the issuance of the outward investment registration certificate in petroleum as registered of each project shall not exceed total outward investment in cash of that project as specified in the outward investment registration certificate. If the investment project abroad is invested by more than one investor, the sum of the foreign currency amount transferred abroad before investment and the one to be transferred after the issuance of the outward investment registration certificate in petroleum as registered of each investor shall not exceed his/her capital contribution percentage as specified in the outward investment registration certificate.
5. If the investment project is not established, or the outward investment project is not executed or granted the outward investment registration certificate, the investor must transfer the remaining foreign currency abroad to Vietnam (if any), and then close the pre-investment foreign currency account.
6. The investor shall be legally responsible for the legality, objectives and efficiency of the foreign currency amounts transferred abroad before the investment.
Article 6. Rules for approval for pre-investment transfer of foreign currency
1. The investor shall carry out procedures for applying to the SBV (the Foreign Exchange Management Department) for an approval for the pre-investment transfer of foreign currency abroad according to the application documentation and procedures provided in Article 7 of the Decree No. 124/2017/ND-CP. If an investment project is invested by more than one investor, each investor is required to personally apply for the SBV’s approval for pre-investment transfer of foreign currency abroad. The application form for the approval for the pre-investment transfer of foreign currency abroad is made according to the form provided in the Appendix No. 01 enclosed herewith.
2. The SBV shall consider granting an approval for the investor's pre-investment transfer of foreign currency abroad by using the form provided in the Appendix No. 02 enclosed herewith.
3. The foreign currency amount transferred abroad before investment by the investor shall be certified in the SBV's certification of the registration of outward investment-related forex transactions in petroleum industry.
Article 7. Rules for opening and use of pre-investment foreign currency account
1. The investor is allowed to open only one pre-investment foreign currency account at a licensed credit institution, except the case prescribed in Clause 4 of this Article. If the investment project abroad is invested by two or more investors, each of these investors must open a pre-investment foreign currency account at the same licensed credit institution for making transfer of foreign currency abroad before investment.
2. If the investor wishes to make pre-investment transfer of foreign currency abroad for several investment projects abroad, he/she is required to open the pre-investment foreign currency account separately for each project.
3. The pre-investment foreign currency accounts prescribed in Clause 1 and Clause 2 of this Article shall be used as the investment capital accounts after the investment project is granted the outward investment registration certificate.
4. If the investor wishes to change either the type of foreign currency of his/her pre-investment foreign currency account or the licensed credit institution at which his/her account is opened, the following principles shall apply:
a) Open a pre-investment foreign currency account in another foreign currency type or at another licensed credit institution;
b) Within 05 (five) business days from the date on which the pre-investment foreign currency account is opened in another type of foreign currency, the investor must convert the entire balance on the previous pre-investment foreign currency account into the new foreign currency type, transfer it to the new pre-investment foreign currency account, and carry out procedures for closing the previous one. Within 05 (five) business days from the date on which the pre-investment foreign currency account is opened at another licensed credit institution, the investor must transfer the entire balance on the previous pre-investment foreign currency account to the new one and carry out procedures for closing the previous one;
c) The investor is allowed to make collections or payments on the new pre-investment foreign currency account only after completing all procedures for closure of the previous pre-investment foreign currency account (except the receipt of the balance transferred from the previous pre-investment foreign currency account or the receipt of the balance in the new type of foreign currency converted from the previous foreign currency balance on the previous pre-investment foreign currency account in case of change of the foreign currency type);
d) Within 15 (fifteen) business days from the completion of the procedures specified in Point a and Point b of this Clause, the investor shall submit a report to the SBV (via the Foreign Exchange Management Department) on the change of the pre-investment foreign currency account in case the pre-investment transfer of foreign currency requires the SBV's approval as regulated in Article 6 hereof.
5. Any collections and payments prescribed in Article 8 hereof must be made through the pre-investment foreign currency account.
6. Procedures for opening and closure of the pre-investment foreign currency account shall comply with the SBV’s regulations on opening and use of payment accounts at payment service providers.
Article 8. Collections and payments on pre-investment foreign currency accounts
1. The pre-investment foreign currency account is used to receive collections from:
a) transferring money from foreign currency accounts of the investor;
b) buying foreign currency from licensed credit institutions in accordance with applicable laws;
c) transferring foreign currency to Vietnam in case the investor does not use up all money transferred abroad for covering costs of market research, finding investment opportunities and investment preparations before the issuance of the outward investment registration certificate as prescribed in Clause 1 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP, or costs of establishment of the investment project in petroleum abroad are refunded by the foreign party.
d) transferring the foreign currency balance in case of change of the pre-investment foreign currency account as regulated in Clause 4 Article 7 hereof;
dd) performing other foreign currency transactions relating the outward investment before the issuance of the outward investment registration certificate.
2. The pre-investment foreign currency account is used to make payments for:
a) transfer of foreign currency abroad to serve the purposes defined in Clause 1 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP;
b) sale of foreign currency to licensed credit institutions;
c) transfer of money to foreign currency accounts of the investor.
Chapter III
OPENING AND USE OF INVESTMENT CAPITAL ACCOUNTS
Article 9. Rules for opening and use of investment capital accounts
1. Upon the issuance of the outward investment registration certificate, the investor must open an investment capital account in a foreign currency type suitable for his/her transfer of investment capital in petroleum abroad at a licensed credit institution (except the case mentioned in Clause 3 Article 7 hereof). Any collections and payments prescribed in Article 10 and Article 11 hereof must be made through the investment capital account.
2. In case the capital is transferred abroad in VND, the investor is allowed to open and use an investment capital account in VND and an investment capital account in foreign currency at the same time at the one licensed credit institution.
3. If the investor invests in two or more investment projects abroad, he/she must open investment capital account separately for each project.
4. If the investment project abroad is invested by two or more investors, each investor must open a separate investment capital account for transferring investment capital abroad.
5. If the investor wishes to change either the type of foreign currency of his/her investment capital account or the licensed credit institution at which his/her account is opened, the following principles shall apply:
a) The investor must open an investment capital account in another foreign currency type or at another licensed credit institution;
b) The investor must carry out procedures for registration of changes in outward investment-related forex transactions in petroleum industry with the SBV in accordance with regulations in Clause 2 Article 22 of the Decree No. 124/2017/ND-CP and regulations in Chapter IV hereof;
c) Within 05 (five) business days from the date on which the SBV confirms the registration of change of the foreign currency of the investor’s investment capital account, the investor must convert the entire balance on the previous investment capital account into the new foreign currency type, transfer it to the new investment capital account, and carry out procedures for closing the previous one. Within 05 (five) business days from the date on which the SBV confirms the registration of change of the licensed credit institution where the investor’s investment capital account is opened, the investor must transfer the entire balance on the previous investment capital account into the new one, and carry out procedures for closing the previous investment capital account;
d) The new investment capital account shall be used to make collections and payments prescribed in Article 10 and Article 11 hereof only after the completion of all procedures mentioned in Points a, b, c of this Clause (except the receipt of the balance transferred from the previous investment capital account or the receipt of the balance in the new type of foreign currency converted from the previous foreign currency balance on the previous investment capital account in case of change of the foreign currency type).
6. Procedures for opening and closure of the investment capital account shall comply with the SBV’s regulations on opening and use of payment accounts at payment service providers.
Article 10. Collections and payments on investment capital account in foreign currency
1. The investment capital account in foreign currency is used to receive collections from:
a) transferring money from foreign currency accounts of the investor;
b) buying foreign currency from licensed credit institutions to serve the outward investment in petroleum in accordance with applicable laws;
c) receiving foreign currency amounts prescribed in Clause 5 Article 3 of the Decree No. 124/2017/ND-CP;
d) transferring capital abroad to Vietnam in case of transfer of investment capital abroad, reduction in investment capital, liquidation or termination of the outward investment;
dd) receiving profits and other lawful incomes generated from the outward investment in petroleum;
e) Collecting the principals and interests of loans provided by the investor to the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
g) collecting debts related to loans guaranteed by the investor for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
h) transferring the balance in case of change of the investment capital account as regulated in Clause 5 Article 9 hereof;
i) receiving other lawful collections related to the outward investment in petroleum.
2. The investment capital account in foreign currency is used to make payments for:
a) transfer of capital abroad for making investment in petroleum;
b) provision of loans for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
c) fulfillment of guarantee obligations of the investor related to loans guaranteed by the investor for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
d) sale of foreign currency to licensed credit institutions;
dd) transfer of money to foreign currency accounts of the investor;
e) other lawful transactions related to the outward investment in petroleum.
Article 11. Collections and payments on investment capital account in VND
1. The investment capital account in VND is used to receive collections from:
a) transferring money from VND accounts of the investor;
b) collecting the principals and interests of loans provided by the investor to the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
c) collecting debts related to loans guaranteed by the investor for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
d) recovering the investor’s investments (costs) in VND as prescribed in Clause 5 Article 3 of the Decree No. 124/2017/ND-CP;
dd) transferring investment capital in VND abroad to Vietnam in case of transfer of investment capital abroad, reduction in investment capital, liquidation or termination of the outward investment in petroleum industry;
e) receiving profits and other lawful incomes in VND generated from the outward investments in petroleum;
g) transferring the balance in case of change of the investment capital account as regulated in Clause 5 Article 9 hereof;
h) receiving other lawful collections in VND related to the outward investment in petroleum.
2. The investment capital account in VND is used to make payments for:
a) transfer of capital in VND abroad for making investment in petroleum;
b) transfer of money to VND accounts of the investor;
c) provision of loans for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
c) fulfillment of guarantee obligations of the investor related to loans guaranteed by the investor for the legal entity that executes the investment project in petroleum abroad in accordance with applicable laws;
dd) other lawful transactions in VND related to the outward investment in petroleum.
Chapter IV
REGISTRATION OF OUTWARD INVESTMENT-RELATED FOREX TRANSACTIONS IN PETROLEUM AND REGISTRATION OF CHANGES THEREOF
Article 12. Registration of forex transactions and registration of changes thereof
1. After receiving the outward investment registration certificate, the investor shall carry out the registration, registration of changes and inform the SBV’s branch in province or city of changes in outward investment-related forex transactions according to procedures and application documentation prescribed in Article 21 and Article 22 of the Decree No. 124/2017/ND-CP. If an investment project is invested by two or more investors, each investor is required to carry out the registration, registration and notification of changes in the outward investment-related forex transactions with the SBV’s branch in province or city of his/her registered residence or where his/her head office is located.
2. The application forms for registration and registration of changes in the outward investment-related forex transactions in petroleum industry are made by using the forms provided in the Appendix No. 03 and the Appendix No. 04 enclosed herewith.
Article 13. Power to certify registration and registration of changes in forex transactions
1. The SBV’s branch in a province or city shall be responsible for making certification of registration or registration of changes in the outward investment-related forex transactions in petroleum industry for institutional investors whose head offices are located in that province or city, or individual investors having registered permanent residence at that province or city (by using the forms provided in the Appendix No. 05 and the Appendix No. 06 enclosed herewith).
2. In case the changes relating the investor executing the project result in the change of the SBV’s branch competent to certify the registration of changes in outward investment-related forex transactions in petroleum, the initial SBV’s branch that makes certification of registration or registration of changes in outward investment-related forex transactions shall:
a) receive the application for registration of changes in the outward investment-related forex transactions in petroleum submitted by the investor;
b) within 03 (three) business days from the receipt of the application, transfer all original application documents and copies thereof (if any) to the competent SBV's branch in province or city as prescribed in Clause 1 of this Article for handling; and inform the investor of such application transfer.
Article 14. Validity of certification of registration/ registration of changes in outward investment-related forex transactions in petroleum
1. The SBV’s written certification of registration or registration of changes in the outward investment-related forex transactions in petroleum industry shall be implicitly invalid when a competent authority issues a decision on nullification of the outward investment registration certificate; the investor withdraws his/her money from the investment project that is invested by more than one investor and granted the modified outward investment registration certificate. In such case, the investor is allowed to use his/her investment capital account for receiving profits, other lawful incomes and investment capital abroad for transfer to Vietnam.
2. When obtaining the written conclusion of a competent authority about the forging of the application or any application documents for registration or registration of changes in the outward investment-related forex transactions in petroleum, the competent authority mentioned in Article 13 hereof shall inform the investor and the credit institution where the investor’s investment capital account is opened in writing of the invalidation of the written certification of registration or registration of changes in the outward investment-related forex transactions in petroleum and reasons thereof.
Chapter V
TRANSFER OF PROFITS, LAWFUL INCOMES AND INVESTMENT CAPITAL ABROAD TO VIETNAM
Article 15. Transfer of profits, lawful incomes and investment capital abroad to Vietnam
1. The investor is responsible for transferring profits, lawful incomes and investment capital abroad to Vietnam via the investor’s investment capital account after liquidating or terminating of transferring the investment project or reducing the investment capital in accordance with regulations hereof.
2. Before terminating the outward investment project in accordance with Point d Clause 1 Article 62 of the Law on investment and transferring the entire investment capital abroad to another foreign investor, the investor must submit a report thereof to the SBV’s branch in province or city where the investor carries out the registration of the outward investment-related forex transaction in petroleum industry.
Article 16. Using profits abroad
1. The investor that uses profits earned from the outward investment for increasing the investment capital or expanding investment activities abroad must carry out procedures for modification of the outward investment registration certificate with a competent authority of Vietnam in accordance with applicable regulations on the outward investment and must submit a report thereof to the SBV’s branch in province or city where the investor carries out the registration of the outward investment-related forex transactions in petroleum within a maximum period of 30 (thirty) business days from the issuance of the modified outward investment registration certificate.
2. In case profits earned from the investment project abroad are used for investing in another petroleum project abroad, after obtaining the outward investment registration certificate for the new investment project, the investor must carry out the registration of the outward investment-related forex transactions in petroleum with the SBV in accordance with regulations in Article 21 of the Decree No. 124/2017/ND-CP and Chapter IV hereof.
Chapter VI
RESPONSIBILITY OF RELEVANT PARTIES
Article 17. Investor’s responsibility
1. Comply with regulations on outward investment in petroleum, transfer of money from and to Vietnam and other contents relating the outward investment in petroleum as regulated herein.
2. Provide accurate and sufficient information about collections and payments on the pre-investment foreign currency accounts and investment capital accounts; provide documents/ vouchers concerning the outward investment in petroleum at the request and according to guidance of licensed credit institutions.
3. Transfer investment capital abroad according to the SBV’s written certification of registration or registration of changes in the outward investment-related forex transactions in petroleum.
4. Transfer foreign currency abroad before investment only after obtaining the written approval from the SBV (applicable to the cases prescribed in Point b, Point d Clause 2 and Point a, Point c Clause 4 Article 5 of the Decree No. 124/2017/ND-CP).
5. Assume legal responsibility for the accuracy and truthfulness of documents and statements provided in applying for registration or registration of changes in the outward investment-related forex transactions in petroleum in accordance with regulations herein and relevant laws.
6. Assume responsibility for the spending of balances on the pre-investment foreign currency account and the investment capital account for the purposes announced to the licensed credit institution, registered and approved by the SBV.
7. Comply with regulations on reporting in Article 21 hereof and relevant laws.
8. Bear the supervision and inspection of compliance with applicable regulations on forex management by the SBV.
Article 18. Responsibility of a licensed credit institution
1. Instruct investors in carrying out procedures for opening, closure and use of investment capital accounts and pre-investment foreign currency accounts in accordance with regulations herein and relevant laws.
2. Open and close investment capital accounts and pre-investment foreign currency accounts, and carry out collection and payment transactions via these accounts at the request of investors in accordance with regulations herein.
3. Transfer foreign currency abroad before investment for investors in accordance with regulations laid down in Clause 1, Clause 2 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP and regulations herein. In case the investor is required to carry out procedures for applying for an approval for pre-investment transfer of foreign currency abroad with the SBV, the licensed credit institution shall make transfer of foreign currency abroad for the investor when he/she presents the SBV's approval.
4. Make transfer of investment capital abroad for investing in petroleum after the issuance of the outward investment registration certificate at the request of the investor only when the investor presents the written certification of registration or registration of changes in the outward investment-related forex transactions in petroleum issued by the SBV in accordance with regulations laid down in Chapter IV hereof.
5. Request the investor to provide necessary documents/ vouchers for examining, inspecting and facilitating the pre-investment transfer of foreign currency abroad to serve the purposes defined in Clause 1 and Clause 4 Article 5 of the Decree No. 124/2017/ND-CP.
6. Examine, inspect and keep all documents and vouchers of actual transactions so as to ensure the provision of forex service to investors for correct purposes and in compliance with applicable laws.
7. Give confirmation of account details and amounts of money transferred abroad before the issuance of outward investment registration certificate, the balance on the pre-investment foreign currency account which is then used as the investment capital account, the opening of investment capital account, the balance on the investment capital account, amounts of money transferred abroad and transferred to Vietnam up to the occurrence of changes in order that the SBV can use such confirmation as the basis for considering granting the certification of registration or registration of changes in the outward investment-related forex transactions in petroleum.
8. Comply with regulations on reporting laid down in Chapter VII hereof and relevant laws.
Article 19. Responsibility of SBV’s affiliates
1. Responsibility of each SBV’s branch in province or city:
a) Give certification of registration or registration of changes in the outward investment-related forex transactions in petroleum for investors in that province or city in accordance with regulations laid down in Chapter IV hereof;
b) Monitor and prepare statistical reports on the transfer of investment capital abroad for investing in petroleum projects by the investors in that province or city so as to submit reports to the SBV in accordance with regulations laid down in Chapter VII hereof;
c) Supervise and inspect the compliance with applicable regulations on forex management by local investors;
d) Send the copies of the following documents to the SBV (via the Foreign Exchange Management Department) for cooperating in management within 05 (five) business days from the date on which the relevant document is signed, including:
(i) The written certification of registration or registration of changes in the outward investment-related forex transactions in petroleum;
(ii) The document nullifying the certification of registration/ registration of changes in outward investment-related forex transactions in petroleum.
2. Responsibility of the Foreign Exchange Management Department:
a) Play leading role and cooperate with relevant affiliates of the SBV in taking actions against issues concerning the outward investment in petroleum within the scope of this Circular;
b) Process applications submitted by investors for approval for transfer of foreign currency abroad before the issuance of the outward investment registration certificate in accordance with regulations laid down in Article 7 of the Decree No. 124/2017/ND-CP.
Chapter VII
REPORTING
Article 20. Reports by licensed credit institutions
1. By the 10th day of the month following the month in which the pre-investment transfer of foreign currency abroad is made or the transfer of foreign currency abroad to Vietnam is made via the investor’s pre-investment foreign currency account, the licensed credit institution where the investor's pre-investment foreign currency account is opened must submit a report to the SBV (via the Foreign Exchange Management Department) on transactions made via the pre-investment foreign currency account (using the form provided in the Appendix No. 07 enclosed herewith).
2. The licensed credit institution where the investor's investment capital account is opened must submit reports on collections and payments made via the investor's investment capital account in accordance with the SBV’s regulations on reporting and statistics by credit institutions and branches of foreign banks.
Article 21. Reports by investors
1. By the 05th day of the first month of the quarter following the quarter in which the pre-investment transfer of foreign currency abroad is made or the transfer of foreign currency abroad to Vietnam is made via the investor’s pre-investment foreign currency account, the investor who is required to apply for the approval from the SBV for his/her pre-investment transfer of foreign currency abroad must submit a report to the SBV (via the Foreign Exchange Management Department) on the pre-investment transfer of foreign currency abroad for each investment project (using the form provided in the Appendix No. 08 enclosed herewith).
2. Quarterly (by the 05th day of the first month of the quarter following the reporting quarter), the investor must submit a report on the transfer of investment capital abroad (using the form provided in the Appendix No. 09 enclosed herewith) for each investment project in petroleum which is granted the outward investment registration certificate by a competent authority to the SBV’s branch in province or city of the individual investor’s registered permanent residence or where the institution investor’s head office is located.
Article 22. Reports by SBV’s branches in provinces or cities
Each SBV’s branch in province or city must submit reports on certification of registration and registration of changes in the outward investment-related forex transactions in petroleum, and on the transfer of investment capital abroad by local investors in accordance with the SBV’s regulations on reporting and statistics by SBV’s branches in provinces and cities.
Article 23. Ad-hoc reports
Investors, licensed credit institutions and SBV’s branches in provinces and cities must submit ad-hoc reports in emergencies or at the request of the SBV.
Chapter VIII
IMPLEMENTATION
Article 24. Effect
1. This Circular comes into force from February 01, 2019 and supersedes the Circular No. 36/2013/TT-NHNN dated December 31, 2013.
2. Clause 2 Article 28 of the Circular No. 12/2016/TT-NHNN dated June 29, 2016 by the State Bank of Vietnam shall be abrogated.
3. The SBV’s certifications of registration of pre-investment transfer of foreign currency abroad, and certifications of registration of account and progress of transfer of investment capital abroad given in accordance with the Circular No. 36/2013/TT-NHNN shall remain valid.
Article 25. Implementation organization
Chief of Ministry Office, the Director of Foreign Exchange Management Department, heads of the SBV’s affiliates, Directors of SBV’s branches in provinces or central-affiliated cities, Chairpersons of the Management Boards, Chairpersons of the Member Boards, General Directors (Directors) of licensed credit institutions shall be responsible for implementing this Circular.
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