Decision No. 92/2000/QĐ-NHNN7 On carrying foreign currency cash and Vietnamese Dong in cash for individuals entering and exiting the country with travel documents or border crossing certificates.

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding the carrying of foreign currency in cash and Vietnamese Dong in cash

for individuals entering and exiting the country with travel documents

or border crossing certificates

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, authorities, and responsibilities for state management of ministries and ministerial-level agencies;

Pursuant to Decree No. 63/1998/NĐ-CP dated August 17, 1998 of the Government on foreign exchange management;

At the proposal of the Director of the Foreign Exchange Management Department,

DECISION:

Article 1. Scope and Applicability

Article 1. This Decision regulates the carrying of foreign currency in cash and Vietnamese Dong in cash (hereinafter referred to as foreign currency and Vietnamese Dong) by individuals entering and exiting Vietnam's border gates with travel documents or border crossing certificates issued by competent authorities of Vietnam or neighboring countries (hereinafter referred to as individuals).

Article 2. Individuals carrying foreign currency in cash and Vietnamese Dong in cash when traveling on a passport shall comply with the provisions of the Governor of the State Bank of Vietnam during each period.

Article 2. Carrying foreign currency and Vietnamese Dong when exiting the country

Clause 1. When exiting the country, individuals may only carry Vietnamese Dong and their own country's currency as stipulated in Articles 4 and 5 of this Decision, and may not carry US dollars or any other foreign currencies (except as provided in Clause 2 of this Article).

Clause 2. In cases where individuals exit the country carrying US dollars or other foreign currencies that they have declared at customs upon entry, they must complete customs declaration procedures and present the customs declaration form confirming the amount brought in upon entry. The customs office will base its decision on the previous entry customs declaration to allow the individual to take the currency out of the country upon exit. The customs declaration confirming the amount of foreign currency brought in upon the most recent entry is valid for allowing the individual to take it out upon the next exit within thirty working days from the date of declaring the amount of foreign currency brought in on the customs declaration upon entry.

Article 3. Carrying foreign currency and Vietnamese Dong when entering the country

Clause 1. When entering the country, individuals who bring money from their home country and Vietnamese Dong must declare to customs according to the provisions of Article 4 of this Decision.

Clause 2. When entering the country, individuals who bring US dollars and other foreign currencies exceeding the value of 3,000 USD (three thousand US dollars) or less than 3,000 USD but wish to take the amount out of the country, must declare to customs.

Article 4. Customs Declaration

Individuals carrying money from neighboring countries and Vietnamese Dong exceeding the amounts specified below must declare to customs:

Clause 1. For cases through the Vietnam-China border gate:

a/6,000 CNY (six thousand Chinese Yuan);

b/10,000,000 VND (ten million Vietnamese Dong).

Clause 2. For cases through the Vietnam-Laos border gate:

a/3,000,000 LAK (three million Laotian Kip).

b/10,000,000 VND (ten million Vietnamese Dong).

Clause 3. For cases through the Vietnam-Cambodia border gate:

a/1,000,000 KHR (one million Cambodian Riel).

b/10,000,000 VND (ten million Vietnamese Dong).

Article 5. Presentation of Permit

Clause 1. Individuals exiting the country who carry money from neighboring countries and Vietnamese Dong exceeding the limits set forth in Article 4 or exceeding the amount declared to customs upon entry must present to the customs office a permit issued by the Branch of the State Bank of Vietnam in the border province or a branch of a commercial bank authorized by the Branch of the State Bank of Vietnam.

Clause 2. Individuals exiting the country who carry money from neighboring countries and Vietnamese Dong exceeding the limits set forth in Article 4 but not exceeding the amount declared to customs upon entry need only present to the customs office the customs declaration form completed upon entry.

Article 6. Conditions and procedures for issuing permits

1. Individuals meeting all the conditions set forth below shall be granted a permit to carry currency of neighboring countries and Vietnamese Dong as stipulated in Article 5 of this Decision:

a. Having been permitted to exit the country by the competent authority with a passport or border pass;

b. Having a need to spend money abroad (for Vietnamese citizens) or having legitimate income in Vietnam (for citizens of neighboring countries).

2. Individuals meeting the conditions specified in Clause 1 of this Article who wish to carry currency of neighboring countries and Vietnamese Dong exceeding the prescribed limit must declare to customs at the border gate or if they exceed the amount declared upon entry, they must submit an application for a permit to the Branch of the State Bank of Vietnam in the province or the Branch of a commercial bank authorized by the Branch of the State Bank of Vietnam in the province. The application includes:

a. An application for a permit to carry currency of neighboring countries and Vietnamese Dong out of the country;

b. A copy of the passport or border pass;

c. Relevant documents related to the need to spend money abroad (for Vietnamese citizens) or documents proving legitimate income in Vietnam (for citizens of neighboring countries).

Within five working days from the date of receipt of complete applications, the Branch of the State Bank of Vietnam in the province or the Branch of a commercial bank authorized by the Branch of the State Bank of Vietnam in the province must issue a permit or refuse to issue a permit. In case of refusal to issue a permit, the Branch of the State Bank of Vietnam in the province or the Branch of a commercial bank authorized by the Branch of the State Bank of Vietnam in the province must provide a written explanation of the reasons.

Article 7. Delegation of Permit Issuance Authority

1. The Director of the Branch of the State Bank of Vietnam in border provinces delegates the authority to the Director of the Branch of a commercial bank (at provincial or district level) within their jurisdiction to issue permits to individuals carrying currency of neighboring countries and Vietnamese Dong out of the country according to the following limits:

a. For the Vietnam-China border:

- From over 6,000 CNY to 60,000 CNY (sixty thousand Chinese Yuan); - From over 10,000,000 VND to 50,000,000 VND (fifty million Vietnamese Dong).

b. For the Vietnam-Laos border:

- From over 3,000,000 LAK to 30,000,000 LAK (thirty million Lao Kip); - From over 10,000,000 VND to 50,000,000 VND (fifty million Vietnamese Dong).

c. For the Vietnam-Cambodia border:

- From over 1,000,000 KHR to 10,000,000 KHR (ten million Cambodian Riel);

- From over 10,000,000 VND to 50,000,000 VND (fifty million Vietnamese Dong).

2. In cases where individuals wish to carry amounts exceeding the delegated permit issuance limits mentioned above, the Branch of the State Bank of Vietnam in the province will review and resolve.

Article 8. Organizations and individuals violating the provisions of this Decision shall be subject to administrative penalties or criminal responsibility depending on the severity and nature of the violation as provided by law.

Article 9. This Decision takes effect fifteen days from the date of signature and replaces Decision No. 236/1999/QĐ-NHNN7 dated July 7, 1999 of the Governor of the State Bank of Vietnam regarding the carrying of foreign currency in cash and Vietnamese Dong in cash when entering and exiting through border gates..

Article 10. The Head of the Office, Heads of Departments under the State Bank of Vietnam, Heads of units under the State Bank of Vietnam, Directors of Branches of the State Bank of Vietnam in border provinces, General Directors (Directors) of relevant commercial banks are responsible for implementing this Decision./.