Decree No. 131/2005/ND-CP amends and supplements certain provisions of Decree No. 63/1998/ND-CP on foreign exchange management. It allows liberalization of current account transactions and provides detailed regulations on transferring money abroad in specific cases.
适用范围
Non-residents, residents (including Vietnamese citizens), State Bank of Vietnam
要点
- Non-residents and residents are permitted to freely conduct payments and transfer funds for current account transactions.
- Payments for international current account transactions include import and export of goods, services, short-term credit, net income from direct and indirect investment, interest and principal repayment of foreign loans.
- Non-residents and residents who are foreigners have the right to purchase foreign currency at authorized banks to transfer abroad when there is a legitimate need.
- Vietnamese citizens may buy, transfer, and carry foreign currency out of the country for legitimate purposes such as travel, study, medical treatment, hardship assistance, inheritance, and settlement as stipulated by the State Bank of Vietnam.
- The Governor of the State Bank of Vietnam examines and resolves cases of purchasing, transferring, and carrying foreign currency exceeding the limit based on documentation proving the necessity of the transaction.
🌐 本文件的社会影响
- Positive impact: Liberalizing current account transactions helps strengthen trade and investment activities between Vietnam and other countries.
- Negative impact: It may cause difficulties in managing foreign exchange if not implemented according to regulations.
❓ 常见问题
What can non-residents do?
Non-residents are permitted to freely conduct payments and transfer funds for current account transactions without presenting documents confirming tax obligations.
For what purposes can Vietnamese citizens purchase foreign currency to take abroad?
Vietnamese citizens are allowed to purchase, transfer, and carry foreign currency out of the country for legitimate purposes such as travel, study, medical treatment, hardship assistance, inheritance, and settlement as stipulated by the State Bank of Vietnam.
When can foreigners who are non-residents transfer money abroad?
Foreigners who are non-residents have the right to purchase foreign currency at authorized banks to transfer abroad when there is a legitimate need.
What does the Governor of the State Bank of Vietnam examine?
The Governor of the State Bank of Vietnam examines and resolves cases of purchasing, transferring, and carrying foreign currency exceeding the limit (if any) based on documentation proving the necessity of the transaction.
When does this decree come into effect?
This decree takes effect fifteen days after its publication in the Official Gazette.
全文
DECREE
Amending and supplementing certain articles of Decree No. 63/1998/NĐ-CP dated August 17, 1998 of the Government on foreign exchange management
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997 and the Law Amending and Supplementing Certain Articles of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated June 17, 2003;
At the proposal of the Governor of the State Bank of Vietnam,
DECREE:
Article 1. Amending and supplementing certain articles of Decree No. 63/1998/NĐ-CP dated August 17, 1998 of the Government as follows:
1. Chapter III (foreign trade transactions) shall be supplemented with Article 11.a as follows:
"Article 11.a. Principles for liberalizing foreign trade transactions. Within the territory of Vietnam, payments and transfers related to foreign trade transactions may be freely conducted."
2. Clause 11 of Article 4 shall be amended and supplemented as follows:
"11. Payments and transfers for international foreign trade transactions under this Decree include:
a) Payments related to import and export of goods and services, other foreign trade transactions, short-term credit and banking loans;
b) Payments for net income from direct and indirect investment, depreciation of direct investment capital (if applicable);
c) Payments for interest and principal repayment of foreign loans;
d) One-way transfers for consumption purposes and similar transactions."
3. Article 14 shall be amended and supplemented as follows:
"Article 14. One-way transfers from Vietnam to abroad in foreign trade transactions.
1. Non-residents and residents may purchase, transfer, and carry foreign currency out of the country for legitimate foreign trade payment needs without presenting documents confirming the completion of tax obligations to the State of Vietnam.
2. Non-residents and residents who are foreigners holding foreign currency may transfer it out of the country when needed. In cases where there is lawful income in Vietnamese dong, they may purchase foreign currency at authorized banks to transfer out of the country.
3. Residents who are Vietnamese citizens may purchase, transfer, and carry foreign currency out of the country for legitimate uses such as tourism, study, medical treatment, hardship assistance, inheritance, and settlement as stipulated by the State Bank of Vietnam.
4. The Governor of the State Bank of Vietnam shall examine and resolve cases of purchasing, transferring, and carrying foreign currency exceeding the limit (if any) based on reviewing relevant documents proving the necessity of the transaction."
Article 2. Implementation clause
1. This Decree shall take effect fifteen days after its publication in the Official Gazette.
2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.
PRIME MINISTER
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