Circular No. 29/2015/TT-NHNN amends and supplements certain legal normative documents of the State Bank of Vietnam concerning the components of files containing certified true copies of documents and papers. The regulated entities include organizations and individuals required to submit files related to foreign exchange activities, electronic gaming with rewards, import of goods, and other banking activities.
Đối tượng áp dụng
Organizations and individuals required to submit files related to foreign exchange activities, electronic gaming with rewards, import of goods, and other banking activities.
Các điểm cốt lõi
- Citizens of countries sharing borders must submit files to the State Bank of Vietnam branch in border provinces within five working days upon entering the mainland of Vietnam to obtain a Permit for Bringing Bordering Countries' Currency into Mainland Provinces.
- Enterprises need to submit a copy of the establishment license, business registration, or investment registration when applying for a permit to open and use accounts at banks in Laos.
- Credit institutions issuing international bonds must submit a copy of the establishment license, investment certificate, and other relevant documents.
- Commercial banks need to submit applications in Vietnamese with documents being certified true copies issued from original books or certified true copies for verification when applying for a Certificate of Registration for Operations.
- When opening and using foreign currency accounts for direct investment abroad, investment organizations must submit a copy of the establishment license, business registration, and investment certificate.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reducing administrative burdens for organizations and individuals when submitting files related to banking activities.
- Negative impact: It may cause difficulties for those who are not familiar with legal regulations in preparing files according to requirements.
❓ Câu hỏi thường gặp
What do citizens of bordering countries need to submit when entering the mainland of Vietnam?
Citizens of bordering countries need to submit a copy of the permit to enter provinces in the mainland, Business Registration Certificate (Enterprise Registration Certificate), and certified true copies issued from original books or certified true copies for verification.
What documents does an enterprise need to submit when opening an account at a bank in Laos?
An enterprise needs to submit a copy of the establishment license, business registration, or Investment Certificate, and a commitment or agreement with the Laotian side.
What documents does a credit institution need to submit when issuing international bonds?
A credit institution needs to submit a copy of the establishment license, Enterprise Registration Certificate, and other relevant documents.
What documents does a commercial bank need to submit when applying for a Certificate of Registration for Operations?
A commercial bank needs to submit an application in Vietnamese with documents being certified true copies issued from original books or certified true copies for verification.
What documents does an organization directly investing abroad need to submit?
An investment organization needs to submit a copy of the establishment license, business registration, and investment certificate.
Toàn văn
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STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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| Number: 29/2015/TT-NHNN | Hanoi, December 22, 2015 |
CIRCULAR
Amending and supplementing certain regulatory legal documents of N |||the cooperative N |||at enterprises Vstrict N |||am stipulating the components of the dossier including certified copies of documents, papersFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.
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Pursuant to the Law on the State Bank of Vietnam No.No. 46/2010/QH12 dated June 16, 2010;
Pursuant to Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing certified copies from original registers, certifying copies from originals, and certifying signatures;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."and other legal documents of the State Bank of Vietnam stipulating the components of the dossier including certified copies of documents, papers.intention The Minister of Natural Resources and Environment issues this Circular amending and supplementing certain Articles of Circulars issued by the Minister of Natural Resources and Environment related to the requirement of submitting copies of documents when performing administrative procedures
At the proposal of the Department of Science and Technology, trArticle 3. Requirements for reserve capacity and exploration network
(Circular No. 36/2014/TT-NHNN)., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. Article 1. Amend and supplement some clauses of the provisions stipulated in Circular No. 07/2001/TT-NHNN dated August 31, 2001 of the State Bank of Vietnam (hereinafter referred to as the State Bank) guiding the implementation of the Regulations on Currency Management for Neighboring Countries in Border Areas and Economic Zones at Border Gates of Vietnam issued together with Decision No. 140/2000/QĐ-TTg dated December 8, 2000 of the Prime Minister:
1. Amend and supplement Point 3.2 of Section 3 as follows:
"3.2. Citizens of neighboring countries who have registered businesses in Border Areas and Economic Zones at Border Gates, if permitted by competent authorities of Vietnam to enter provinces within the mainland, and wish to carry currency of neighboring countries for personal use or to sell to authorized banks, shall prepare one set of dossier to be sent via postal service or submitted directly to the State Bank branch in border provinces.
Within five working days from the date of receipt of complete dossier as prescribed, the State Bank branch in border provinces on the territory shall issue or refuse to issue a Permit to Carry Currency of Neighboring Countries into Provinces within the Mainland (Annex Form No. 2). In case of refusal to issue the Permit, the State Bank branch in border provinces on the territory must provide a written notification specifying the reasons.
The components of the dossier include:
a) Application for Permit to Carry Currency of Neighboring Countries into Provinces within the Mainland (Annex Form No. 1);
b) Permit to Enter Provinces within the Mainland issued by competent authorities of Vietnam (if submitting a copy, the original must be presented for verification);
c) Certified copy issued from the original register or certified copy or copy accompanied by presentation of the original for verification of the Business Registration Certificate (Enterprise Registration Certificate). In cases where the applicant submits a copy accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
2. Amend and supplement Point 2.c of Section 6 as follows:
"c. Legal documents proving that the applicant is a Resident of the Border Area in the province requesting to establish a Foreign Exchange Counter. One of the following documents must be provided: Original Household Registration Booklet or Border Identity Card or confirmation from the People's Committee of the commune, ward, town that the applicant has permanent residence in the Border Area, Economic Zone at Border Gate or Business Registration Certificate (Enterprise Registration Certificate) in the Border Area, Economic Zone at Border Gate. If submitting copies of these documents, individuals may choose to submit a copy issued from the original register or a certified copy or a copy accompanied by presentation of the original for verification. If the applicant submits a copy accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
3. Amend the phrase "Branch of the State Bank" and the phrase "NHNN Branch" in Circular No. 07/2001/TT-NHNN to read "State Bank Branch".
3. Amend the phrase "Chi nhánh Ngân hàng Nhà nước" and the phrase "Chi nhánh NHNN" in Circular 07/2001/TT-NHNN to read "Ngân hàng Nhà nước chi nhánh".
Article 2. In Point b Clause 1 Article 9 of the Regulations on the establishment of remittance companies directly under joint-stock commercial banks of the State and people issued together with Decision No. 951/2003/QĐ-NHNN dated August 18, 2003 of the State Bank, amend the following:
“- A copy of the approval certificate for the establishment of the remittance company directly under the Governor of the State Bank, the Business Registration Certificate of the remittance company directly under” to read: “- A copy of the approval certificate for the establishment of the remittance company directly under the Governor of the State Bank; a copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification of the Enterprise Registration Certificate (Business Registration Certificate) of the remittance company directly under, in case the person submitting the file submits a copy accompanied by the presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.”
Article 3. Amend and supplement Clause 1 Article 8 of the Payment Rules in the purchase and sale, exchange of goods and services in the border area between Vietnam and Cambodia issued together with Decision No. 17/2004/QĐ-NHNN dated January 5, 2004 of the State Bank (amended and supplemented by Article 9 Circular No. 25/2011/TT-NHNN dated August 31, 2011 of the State Bank on implementing the plan to simplify administrative procedures in the foreign exchange sector according to the Government's resolutions on simplifying administrative procedures within the scope of management functions of the State Bank (hereinafter referred to as Circular No. 25/2011/TT-NHNN)) as follows:
“1. The use of freely convertible foreign currency cash for payment in transactions of buying and selling, exchanging goods and services in the border area between Vietnamese traders and Cambodian traders shall only be applied in cases where the traders of both sides cannot make payments through banks and shall only be applied to Vietnamese traders receiving payment in foreign currency cash through the sale of goods and provision of services to Cambodian traders, not applicable to Vietnamese traders using foreign currency cash to pay for imported goods and services from Cambodia.
When there is a need to collect foreign currency cash, Vietnamese traders prepare one set of documents sent via postal service or submit directly to the State Bank branch in the province or city where the trader's headquarters is located to obtain permission to collect foreign currency cash from export to Cambodia. The application for permission includes:
- Application form for permission to collect foreign currency cash from export to Cambodia (according to Form 1 in the Appendix);
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification of the Business Registration Certificate (Enterprise Registration Certificate) registered with the enterprise code for import and export (for enterprises applying for permission for the first time); in case the person submitting the file submits a copy accompanied by the presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original;
- A copy of the document accepting the competent authority for cases of temporarily suspended exports and exported goods with conditions;
- A copy of the trade contract signed with Cambodian traders agreeing to payment in freely convertible foreign currency cash (with confirmation by the head of the enterprise).
After receiving the complete application from Vietnamese traders to collect foreign currency cash, the Director of the State Bank branch in the province or city examines and resolves. The Director of the State Bank branch in the province or city has the authority to sign permission to collect amounts below US$500,000 (five hundred thousand US dollars) or other foreign currencies of equivalent value for each contract. For contracts valued at US$500,000 or more, the State Bank branch in the province or city provides comments in writing and sends the file to the Department of Foreign Exchange Management - State Bank for examination and resolution.
Within seven working days from the date of receipt of complete valid files, the Director of the State Bank branch in the province or city or the Head of the Department of Foreign Exchange Management - State Bank issues the permission for enterprises to collect foreign currency cash (according to the model of permission in Appendix 2). In case of refusal to issue the permission, a written explanation of the reasons must be provided.
Vietnamese traders must deposit the collected foreign currency cash into their foreign currency deposit account at the authorized bank within three working days from the date the foreign currency cash is brought back into the country as confirmed by the customs office.
When depositing foreign currency cash into the account, in addition to the permission to collect foreign currency cash issued, Vietnamese traders must submit the following documents to the commercial bank:
- Original customs declaration form (confirmed by the customs office regarding the amount of foreign currency brought from abroad);
- Copy of the export goods declaration form (submitted after shipment).”
Article 4. Amend and supplement Point a and b Clause 3 Article 3 of the Regulation on Payment in the Purchase, Sale, Exchange of Goods and Services, Investment and Aid between Vietnam and Laos issued together with Decision No. 845/2004/QĐ-NHNN dated July 8, 2004 of the State Bank (amended and supplemented by Article 8 Circular No. 25/2011/TT-NHNN) as follows:
“a) The issuance of permits for opening and using accounts at banks in Laos shall only apply to Vietnamese organizations and enterprises opening accounts in Laos to fulfill commitments and agreements with Laos in cases where opening accounts domestically cannot ensure the full fulfillment of the obligations under signed commitments and agreements.
Vietnamese organizations and enterprises that need to open VND accounts and LAK accounts in Laos to implement projects or serve business activities shall prepare one set of documents to be sent by post or submitted directly to the State Bank branch in the province or city where the organization or enterprise's headquarters is located for consideration and issuance of the Permit to Open VND Account and Permit to Open LAK Account at banks in Laos. The documents include:
- Application for Issuance of Permit to Open and Use Accounts at Banks in Laos (Annex 1).
- A copy certified from the original book or a notarized copy or a copy accompanied by presentation of the original for verification of the Decision on Establishment of the Organization or Enterprise or Business Registration Certificate (Enterprise Registration Certificate) registered with a trading code or Investment License or a document from a competent authority of Vietnam assigning the task of implementing aid projects or other projects. In case the applicant submits a copy accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
- Commitments or agreements already signed with the Lao side, clearly stating the necessity to open and use accounts at banks in Laos to fulfill the signed commitments and agreements.
Within seven working days from the date of receipt of complete valid documents, the State Bank branch in the province or city will consider and issue permits to organizations and enterprises (Annex 2). In case of refusal to issue a permit, the State Bank branch in the province or city must provide a written explanation of the reasons.
b) Vietnamese organizations and enterprises may only use VND accounts and LAK accounts opened at banks in Laos to serve purposes related to export activities with Laos, implementing receipts and payments related to aid, investment or other permitted activities in Laos.”
Article 5. Amend and supplement Point a and b Clause 58 Section V Part III Circular No. 03/2007/TT-NHNN dated July 18, 2007 of the State Bank guiding the implementation of certain provisions of Decree No. 22/2006/NĐ-CP dated February 28, 2006 of the Government on the organization and operation of foreign bank branches, joint venture banks, wholly foreign-owned banks, and representative offices of foreign credit institutions in Vietnam (amended and supplemented by Clause 12 Article 4 Circular No. 24/2011/TT-NHNN dated August 31, 2011 of the State Bank on the implementation of the plan to simplify administrative procedures in the field of establishment and operation of banks according to government resolutions on simplifying administrative procedures within the scope of functions managed by the State Bank of Vietnam) as follows:
“a) Any relevant documents in the transfer of capital in the file prepared abroad (if any) must be drafted in English and legalized by consular authentication (except for cases specified in Point 7.1 Section III Part I of this Circular). Documents in Vietnamese must be copies certified from the original or notarized copies or copies accompanied by presentation of the original for verification; in case the applicant submits a copy accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original. Translations of documents from English to Vietnamese must be notarized or authenticated with the signature of the translator in accordance with the law.
b) Joint venture banks, wholly foreign-owned banks shall prepare one set of documents to be submitted directly or sent by post to the State Bank (Bank Inspection and Supervision Authority). Within thirty working days from the date of receipt of complete valid documents, except for the case of transferring capital to new partners outside wholly foreign-owned banks and joint venture banks, which is ninety days, the State Bank shall issue a written approval or rejection of the request for capital transfer and accompanying changes. In case of rejection, the State Bank shall provide a written explanation of the reasons.”
Article 6. Amend and supplement Clause 1 of Article 7 of the Foreign Currency Exchange Agency Regulations issued together with Decision No. 21/2008/QĐ-NHNN dated July 11, 2008 of the State Bank of Vietnam (amended and supplemented by Article 7 of Circular No. 25/2011/TT-NHNN) as follows:
“1. After signing a foreign currency exchange agency contract with a permitted credit institution, organizations shall prepare one set of documents and send it via postal service or submit directly to the State Bank branch in the province or city where they wish to establish a foreign currency exchange agency to obtain a Registration Certificate for a foreign currency exchange agency. The documents include:
a. Application for registration as a foreign currency exchange agency (Annex 1);
b. Original or certified copy or notarized copy of the foreign currency exchange agency contract signed with the appointing credit institution;
c. Copy issued from the original book or certified copy or copy accompanied by the original for verification of the Business Registration Certificate (Enterprise Registration Certificate). In cases where the applicant submits a copy accompanied by the original for verification, the verifier is responsible for confirming the accuracy of the copy compared to the original.
Article 7. Amend and supplement Clause 1 of Article 5 of Circular No. 34/2011/TT-NHNN dated October 28, 2011 of the State Bank guiding the procedures and formalities for revoking Licenses and liquidating assets of credit institutions, branches of foreign banks; procedures and formalities for revoking representative office licenses of foreign credit institutions, other foreign organizations engaged in banking activities as follows:
“1. Documents must be prepared in Vietnamese. Vietnamese documents submitted must be copies issued from the original book or certified copies or copies accompanied by the original for verification; in cases where the applicant submits a copy accompanied by the original for verification, the verifier is responsible for confirming the accuracy of the copy compared to the original. Translations of documents from English to Vietnamese must be notarized or certified by the translator according to the provisions of the law.”
Article 8. Amend Clauses 6 and 7 of Article 10 of Circular No. 45/2011/TT-NHNN dated December 30, 2011 of the State Bank on foreign exchange management for foreign loans and debt recovery of credit institutions as follows:
“6. Certified copy of the Decision on establishment or Investment Registration Certificate of the foreign borrower according to the regulations of the home country. Translation of the Decision on establishment or Investment Registration Certificate of the foreign borrower according to the regulations of the home country from a foreign language to Vietnamese must be notarized or certified by the translator according to the provisions of the law.
7. Copy issued from the original book or certified copy or copy accompanied by the original for verification of the Investment Certificate abroad of a Vietnamese enterprise. In cases where the applicant submits a copy accompanied by the original for verification, the verifier is responsible for confirming the accuracy of the copy compared to the original.
Article 9. Amend and supplement Clause 2 and Clause 3 of Article 6 of Circular No. 02/2012/TT-NHNN dated February 27, 2012, of the State Bank of Vietnam guiding foreign exchange transactions between the State Bank of Vietnam and credit institutions and branches of foreign banks as follows:
“2. A copy certified from the original of the license for establishment and operation of the credit institution or the license for establishment of a branch of a foreign bank in Vietnam.
3. A copy of documents proving that the credit institution or the branch of a foreign bank is permitted to operate, trade, and provide foreign exchange services in the domestic market issued by the State Bank of Vietnam.
Article 10. Amend and supplement Clause 1 of Article 3 of Circular No. 26/2012/TT-NHNN dated September 13, 2012, of the State Bank of Vietnam guiding procedures for approval by the State Bank of Vietnam for the listing of shares on domestic and foreign securities markets of joint-stock credit institutions as follows:
“1. The joint-stock credit institution shall prepare the application dossier in Vietnamese. Documents submitted in Vietnamese must be copies issued from the original book or certified copies or copies accompanied by presentation of the original for verification; in cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original. Translations of documents from English to Vietnamese must be notarized or certified with the signature of the translator according to the provisions of the law.
Article 11. Amend and supplement Point b of Clause 1 of Article 3 of Circular No. 06/2013/TT-NHNN dated March 12, 2013, of the State Bank of Vietnam guiding the activities of buying and selling gold bars in the domestic market of the State Bank of Vietnam as follows:
“b. A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the Certificate of Enterprise Registration or the Business Registration Certificate. In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original;
1. Amend and supplement Point b of Clause 2 of Article 10 as follows:
“b) The legal documents of the enterprise include: A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the Enterprise Establishment License or the Enterprise Registration Certificate or the Investment Certificate according to the provisions of the law and any amendments (if any). In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original;"
2. Amend and supplement Point đ of Clause 2 of Article 10 as follows:
“đ. A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the document of the competent authority approving according to current laws regarding the programs and projects of investment of the enterprise; plans to increase operational capital; restructuring of the enterprise's debt to be implemented using funds raised from the issuance of international bonds. In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
3. Amend and supplement Clause 2, Clause 3, and Clause 4 of Article 12 as follows:
“2. A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the notification of the results of the assessment by the competent authority according to the provisions of the law regarding the plan for issuing international bonds of the enterprise (applicable to state-owned enterprises). In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
3. A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the approval document of the Prime Minister regarding the plan for issuing international bonds (applicable to state-owned enterprises). In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
4. A copy issued from the original or a certified copy or a copy accompanied by presentation of the original for verification of the notification of the opinion of the Securities Commission (applicable to public companies issuing convertible bonds or bonds attached with warrants). In cases where the applicant submits copies accompanied by presentation of the original for verification, the verifier has the responsibility to confirm the accuracy of the copy compared to the original.
Article 13. Amend and supplement Clause 1 of Article 5 of Circular No. 21/2013/TT-NHNN dated September 24, 2013 of the State Bank of Vietnam on the network operation of commercial banks as follows:
"1. Commercial banks shall prepare the application dossier in Vietnamese. Vietnamese documents submitted must be certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison; in cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original. Translations of documents from English to Vietnamese must be notarized or have the signature of the translator certified according to the provisions of the law."
"b) The legal dossier of the Borrower includes: certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of the License or Decision on Establishment of the Borrower or Certificate of Registration or Investment Certificate according to the provisions of the law and any amendments (if any). In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original."
1. Amend and supplement Clause 3 of Article 22 as follows:
"3. Certified true copies or copies confirmed by the credit institution or branch of a foreign bank of the audited financial report of the year immediately preceding the issuance year and the most recent quarterly financial report. In cases where there is no audited annual financial report of the preceding year, the credit institution or branch of a foreign bank shall submit the financial report as prescribed in Clause 3 of this Circular and provide a written commitment to supplement the financial report after the audit results are available."
2. Amend and supplement Clause 5 of Article 22 as follows:
"5. Certified true copies or copies confirmed by the credit institution of the Charter and certified copies of the License for credit institutions issuing bonds for the first time; certified copies of the Establishment License for foreign bank branches issuing bonds for the first time."
Article 16. Amend and supplement some clauses stipulated in Circular No. 36/2013/TT-NHNN dated December 31, 2013 of the State Bank of Vietnam on the opening and use of foreign currency accounts for direct investment abroad activities:
1. Amend and supplement Clauses 2 and 3 of Article 8 as follows:
"2. The legal dossier of the investor includes: certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of the Establishment License or Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate (for investors who are organizations); Identity Card or Passport (for individual investors). In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original.
3. Certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of the Overseas Investment Certificate issued by the competent authority of Vietnam. In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original."
2. Amend and supplement Point d of Clause 2 of Article 11 as follows:
"d) Certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of the Overseas Investment Certificate adjusted by the competent authority of Vietnam (in cases where the investment project is adjusted in terms of investment capital, investment period, participating parties, contribution ratio, and contribution form). In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;"
3. Amend and supplement Point e of Clause 2 of Article 11 as follows:
"e) Certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of evidence proving the implementation of specialized contributions with other values according to the registered progress with the State Bank of Vietnam. In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original."
4. Amend and supplement Clause 2 of Article 14 as follows:
"2. Certified true copies issued from the original book or certified copies or copies accompanied by presentation of the original for comparison of the Establishment Decision or Business Registration Certificate (Enterprise Registration Certificate) or equivalent legal documents of the investor. In cases where the applicant submits copies accompanied by presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original."
1. Amend and supplement Clause 2 of Article 7 as follows:
“2. The legal documents of the Lender shall include: A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Business Registration Certificate (Enterprise Registration Certificate), Investment Certificate, License or Decision on Establishment of the Lender according to the law (if applicable) and any amendments (if applicable). In case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original.”
2. Amend and supplement Point b of Clause 1 of Article 11 as follows:
“b) The legal documents of the Guarantor shall include: A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Business Registration Certificate (Enterprise Registration Certificate), Investment Certificate, License or Decision on Establishment of the Guarantor according to the law (if applicable) and any amendments (if applicable). In case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original.”
Article 18. Amend and supplement Clause 2 of Article 5 of Circular No. 11/2014/TT-NHNN dated March 28, 2014 of the State Bank regarding the carrying of gold by individuals when exiting and entering the country as follows:
“2. A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison for the documents and materials specified in Points b, c, d of Clause 1 of this Article; if the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original. In case the documents and materials are in a foreign language, they must be translated into Vietnamese and notarized or certified by the signature of the translator according to the law.”
Article 19. Amend and supplement some clauses of the provisions set out in Circular No. 15/2014/TT-NHNN dated July 24, 2014 of the State Bank guiding foreign exchange management for the operation of electronic games with prizes for foreigners:
1. Amend and supplement Points b, c of Clause 1 of Article 10 as follows:
“b) A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Investment Certificate or Enterprise Registration Certificate. In case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
c) A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Certificate of Eligibility for Operating Electronic Games with Prizes. In case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
2. Amend and supplement Point a of Clause 1 of Article 11 as follows:
“a) In case the License is lost, missing, damaged due to natural disasters, fire, or other objective reasons, the enterprise must submit two (2) sets of application documents for reissuing the License in the form of direct submission or sending through postal service to the State Bank branch in the province or city where the enterprise's business point for electronic games with prizes for foreigners is located. The documents include:
- An application for reissuing the License, clearly stating the reason for requesting reissue (according to Model 03 attached);
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Investment Certificate or Enterprise Registration Certificate; in case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the Certificate of Eligibility for Operating Electronic Games with Prizes; in case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the License already issued and still valid (if applicable); in case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
- Documents or papers proving that the License has been lost, missing, or damaged (if applicable);”
3. At Point b of Clause 2 of Article 11, amend the paragraph: “- Certified copy of the License already issued and still valid;” to: “- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the License already issued and still valid; in case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;”
4. At Point a of Clause 3 of Article 11, amend the paragraph: “- Certified copy of the License still valid at least one (1) month before applying for extension;” to: “- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for comparison of the License still valid at least one (1) month before applying for extension; in case the person submitting the documents submits a copy accompanied by the presentation of the original for comparison, the person responsible for comparison shall confirm the accuracy of the copy compared to the original;
5. Amend and supplement Point a of Clause 3 of Article 17 as follows:
"a) The enterprise shall submit two (2) sets of application files for the issuance of the Permit in person or by post to the State Bank of Vietnam branch in the province or city where the business location for foreigner-oriented electronic game gambling is located. The application file includes:
- Application form for permit conversion (in accordance with Appendix No. 08);
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification of the Investment Certificate or Business Registration Certificate; in case the applicant submits a copy accompanied by the presentation of the original for verification, the verifier shall be responsible for confirming the accuracy of the copy compared to the original;
- A copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification of the Business License for operating electronic game gambling; in case the applicant submits a copy accompanied by the presentation of the original for verification, the verifier shall be responsible for confirming the accuracy of the copy compared to the original;
- Internal management and control regulations on foreign currency receipts and payments signed by the legal representative of the enterprise;
- Approval documents for cash foreign exchange transactions and other foreign exchange activities that have been issued;
- Report on the implementation of foreign currency receipts and payments and related foreign exchange activities since the date when the State Bank issued the approval document (in accordance with Appendix No. 09);
Article 20. Amend and supplement certain provisions of Circular No. 18/2014/TT-NHNN dated August 1, 2014, guiding the import of goods under the specialized management of the State Bank of Vietnam:
1. Amend and supplement Point b, c Clause 2 Article 5 as follows:
“b) Decision on establishment, Investment Certificate or Business Registration Certificate, Enterprise Registration Certificate: one (1) copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification; in case the applicant submits a copy accompanied by the presentation of the original for verification, the verifier shall be responsible for confirming the accuracy of the copy compared to the original;
c) Technical documentation of the currency warehouse door: one (1) copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification and one (1) Vietnamese translation; in case the applicant submits a copy accompanied by the presentation of the original for verification, the verifier shall be responsible for confirming the accuracy of the copy compared to the original;
2. Amend and supplement Point a Clause 3 Article 5 as follows:
“a) Decision on establishment, Investment Certificate or Business Registration Certificate, Enterprise Registration Certificate of the entrusted unit: one (1) copy issued from the original book or a certified copy or a copy accompanied by the presentation of the original for verification; in case the applicant submits a copy accompanied by the presentation of the original for verification, the verifier shall be responsible for confirming the accuracy of the copy compared to the original;
Article 21. Implementation clause
1. This Circular takes effect from February 8, 2016.
2. From the date this Circular takes effect, the following provisions shall cease to be effective:
- Clause 12 Article 4 of Circular No. 24/2011/TT-NHNN dated August 31, 2011, regarding the implementation of simplified administrative procedures in the banking sector according to government resolutions on simplifying administrative procedures within the scope of the State Bank of Vietnam's management functions;
- Article 7, Article 8, Article 9, Article 10 and Appendix No. 09.DGH attached to Circular No. 25/2011/TT-NHNN dated August 31, 2011, regarding the implementation of simplified administrative procedures in the foreign exchange sector according to government resolutions on simplifying administrative procedures within the scope of the State Bank of Vietnam's management functions.
3. The Director of the Office, Heads of the Legal Department, Heads of units under the State Bank of Vietnam, Governors of the State Bank of Vietnam branches in centrally-administered provinces and cities, Chairmen of the Board of Directors, Chairmen of the Board of Members, General Directors (Directors) of credit organizations, and foreign bank branches are responsible for organizing the implementation of this Circular./.
DEPUTY DIRECTOR
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