This Decision amends Points 1, 5, and 9 of Circular No. 12/TT-NH7 to provide detailed regulations on payment of salaries, bonuses, and other allowances for foreign citizens working at enterprises with foreign investment capital or foreign organizations in Vietnam, and to determine the method of salary payment for Vietnamese citizens working at these units. This Decision shall take effect fifteen days from the date of signature.
适用范围
Organizations and units holding foreign currency deposits at banks; enterprises with foreign investment capital; foreign organizations or international organizations in Vietnam; the State Bank of Vietnam; Directors of State Bank of Vietnam branches in provinces and cities; General Managers (Directors) of commercial banks.
要点
- Organizations and units holding foreign currency deposits at banks → are permitted to pay salaries, bonuses, and other allowances to foreign citizens working at enterprises with foreign investment capital or foreign organizations in Vietnam; may withdraw foreign currency cash for staff members when they are sent abroad for work, study, surveys, or conferences.
- Vietnamese citizens working in enterprises with foreign investment capital and foreign organizations or international organizations in Vietnam → are paid salaries in Vietnamese Dong (in cases where labor contracts are signed in foreign currency, the amount will be converted into Vietnamese Dong based on the actual average buying and selling exchange rate in the inter-bank foreign exchange market published by the State Bank of Vietnam at the time of salary payment).
- This Decision shall take effect fifteen days from the date of signature.
- All previous provisions contrary to this Decision are hereby abolished.
- The State Bank of Vietnam and related organizations → shall coordinate and guide the implementation of this Decision.
🌐 本文件的社会影响
- Positive impact: Helps ensure the rights of foreign citizens working at enterprises with foreign investment capital or foreign organizations in Vietnam; creates favorable conditions for enterprises in paying salaries, bonuses, and allowances.
- Negative impact: May increase administrative burden for units required to comply with new regulations.
❓ 常见问题
How are foreign citizens working at enterprises with foreign investment capital paid their salaries?
Foreign citizens working at enterprises with foreign investment capital or foreign organizations in Vietnam are entitled to receive salaries, bonuses, and other allowances through bank transfers to individuals who are foreign citizens or withdrawal of foreign currency cash when they are sent abroad for work, study, surveys, or conferences.
How are Vietnamese citizens working at enterprises with foreign investment capital paid their salaries?
Vietnamese citizens working in enterprises with foreign investment capital and foreign organizations or international organizations in Vietnam are paid salaries in Vietnamese Dong. In cases where labor contracts are signed in foreign currency, the payment of salaries, bonuses, and other allowances will be converted into Vietnamese Dong based on the actual average buying and selling exchange rate in the inter-bank foreign exchange market published by the State Bank of Vietnam at the time of salary payment.
When does this Decision come into effect?
This Decision shall take effect fifteen days from the date of signature.
How are previous provisions contrary to this Decision abolished?
All previous provisions contrary to this Decision are hereby abolished.
What responsibilities do the State Bank of Vietnam and related organizations have in implementing this Decision?
The State Bank of Vietnam and related organizations are responsible for coordinating and guiding organizations, units, enterprises with foreign investment capital, foreign organizations or international organizations in Vietnam to implement this Decision.
全文
Pursuant to …;
Regarding the amendment to Point 1.5.9 of Circular 12/TT-NH7 dated September 5, 1994
of the State Bank of Vietnam
GOVERNOR OF THE STATE BANK OF VIETNAM
Pursuant to the Ordinance on the State Bank of Vietnam promulgated by Decree No. 37-LCT/HĐNN8 dated May 24, 1990 of the Chairman of the Council of Ministers of the Socialist Republic of Vietnam;
Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
Pursuant to Decree No. 161/HĐBT dated October 18, 1988 of the Council of Ministers issuing the "Regulations on Foreign Exchange Management" of the Socialist Republic of Vietnam;
Pursuant to Decision No. 396/TTg dated August 4, 1994 of the Prime Minister regarding the supplementation and amendment of certain points on foreign exchange management in the new situation;
Pursuant to Decree No. 197/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labour Code;
At the proposal of the Director of the Department of Foreign Exchange Management;
DECISION:
Article 1.- Replace the entire content at Point 1.5.9 of Circular 12/TT-NH7 dated September 5, 1994 of the Governor of the State Bank of Vietnam with the following content:
1.5.9. Organizations and units holding foreign currency deposits at banks may pay salaries, bonuses, and other allowances to individuals who are foreign citizens working in enterprises with foreign investment capital and foreign organizations or international organizations in Vietnam in the form of bank transfers, or withdraw foreign currency cash for staff members of the organization or unit when they are dispatched abroad for work, study, survey, or seminars.
As for the payment of salaries, bonuses, and other allowances to individuals who are Vietnamese citizens working in enterprises with foreign investment capital and foreign organizations or international organizations in Vietnam, it shall be carried out in Vietnamese dong (in cases where the labor contract is signed in foreign currency, the payment of salaries, bonuses, and other allowances shall be converted into Vietnamese dong. The conversion rate shall be based on the actual average inter-bank foreign exchange market buying and selling rate published by the State Bank of Vietnam at the time of salary payment).
Article 2.- This Decision takes effect fifteen days from the date of signature. All previous regulations in other documents of the State Bank of Vietnam guiding the payment of salaries, bonuses, and other allowances that conflict with this Decision are hereby abolished.
Article 3.- Directors of State Bank of Vietnam Branches in provinces and cities, General Directors (Directors) of Commercial Banks are responsible for coordinating and guiding organizations, units, enterprises with foreign investment capital, foreign organizations or international organizations in Vietnam to implement this Decision./.
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