In what cases is it considered legal to use foreign exchange in the territory of Vietnam?
- In what cases is it considered legal to use foreign exchange in the territory of Vietnam?
- If the sale and purchase contract between both parties are Vietnamese enterprises, is the transaction in USD considered legal?
- What to do in case of the sale and purchase contract between two Vietnamese enterprises using USD currency?
In what cases is it considered legal to use foreign exchange in the territory of Vietnam?
According to the provisions of Article 4 of Circular 32/2013/TT-NHNN of Vietnam as follows:
Cases allowed to use foreign exchange in the territory of Vietnam
1. Customs agencies, police, border guard and other state agencies at border gates of Vietnam and bonded warehouses are allowed to list in foreign currency and collect in foreign currency by transfer or cash from non-residents for various taxes, charges for exit and entry visa, charges for provision of services and other charges and fees as prescribed by law.
2. Banks and non-bank credit institutions and branches of foreign banks licensed to do business and provide foreign exchange services (hereinafter abbreviated to the authorized credit institutions) are allowed for transactions, payments, listing, advertisements, quotations, pricing, prices in contracts, agreements in foreign exchange within the scope of business and foreign exchange services permitted by the State Bank of Vietnam (SBV) in accordance with laws.
3. Other organizations licensed to provide foreign exchange services are allowed for transactions and listing in foreign currency within the scope of foreign exchange service provision permitted by the State Bank of Vietnam (SBV) in accordance with laws.
4. Residents being entities with legal person status are allowed to transfer internal capital in foreign currency between their accounts with accounts of their dependent units that have no legal person status and vice versa.
5. Residents are allowed to contribute capital in foreign currency by transfer in order to perform foreign investment projects in Vietnam.
6. Residents performing contracts of import and export entrustment shall comply with the following provision:
a) Residents entrusted with import are allowed to write price in contracts of import entrustment in foreign currency and receive payments in foreign currency by transfer for the value of import contract from the import-entrusting party;
b) Residents entrusted with export are allowed to write price in contracts of export entrustment in foreign currency and pay in foreign currency by transfer for the value of export contract for the export-entrusting party.
7. Residents being domestic and foreign contractors shall comply with the following provision:
a) For costs outside Vietnam involving the implementation of a bidding package through international bid as prescribed in the Law on bid: Contractors are allowed to bid in foreign currency and receive payments in foreign currency by transfer from investors or principal contractors for payment and remittance to foreign countries.
b) For implementation of the bidding package as prescribed by law on oil and gas: Contractors are allowed to bid in foreign currency and receive payments in foreign currency by transfer from investors or principal contractors for payment and remittance to foreign countries.
8. Residents being insurers shall comply with the following provision:
a) They are allowed to make quotations, fix prices, write prices of insurance services in contracts in foreign currency or receive payments in foreign currency by transfer from the insurance-buying parties for goods and services required to purchase the reinsurance in foreign countries.
b) Cases of arising damages for part re-insured abroad, residents being the insurance-buying organizations shall be allowed to receive amounts for compensation in foreign currency by transfer from foreign reinsurers through the insurers so as to pay costs for overseas damage remedy.
9. Residents being organizations trading in free-duty goods are allowed to list the prices of goods in foreign currency and receive payments in foreign currency by transfer or cash from provision of goods. Foreign currencies used in transactions at free-duty stores shall comply with legislations on sale of duty-free goods.
10. Residents being organizations providing services in isolated areas at international border gates, organizations trading in bonded warehouses are allowed for listing, quotation, pricing, prices in contracts in foreign currency and receipt of payments in foreign currency by transfer or cash from provision of goods and services.
11. Residents being organizations that act as agents for foreign transportation firms on the basis of agent contracts signed by two parties shall comply with the following provision:
a) They are allowed to make quotations, fix prices and write prices in contract in foreign currency, on behalf of foreign transportation firms, for freights of international goods. Payment must be performed in Vietnam dong;
b) They are allowed to provide payment services on behalf of their customers in foreign currency by transfer so as to pay goods and services at international sea ports, in isolated areas at international airports;
c) They are allowed to provide payment services in foreign currency by cash, under authorization of foreign ship firms, so as to pay salaries, bonus, and allowances for non-residents.
12. Residents being exporting and processing enterprises shall comply with the following provision:
a) They are allowed for prices in contracts in foreign currency and payment in foreign currency by transfer when they buy goods from the domestic market for production, processing, reprocessing, and assembling of export goods or for export, except for goods banned export. Domestic enterprises are allowed to make quotations, fix prices in foreign currency or receive payments in foreign currency by transfer when they sell goods for exporting and processing enterprises;
b) They are allowed for quotations, pricing and prices in contracts in foreign currency and payment, receipt of payments in foreign currency by transfer with other exporting and processing enterprises.
13. Residents being organizations trading in the domains of air transport, hotel, and tourist are allowed for listing, advertisement of prices of goods and services in Vietnam dong and equivalent foreign currency on websites, specialized-line publications (excluding menu and service price table) that only use foreign language.
14. Residents and non-residents being organizations are allowed to make agreements and pay salaries, bonus and allowances in labor contracts in foreign currency by transfer or cash to non-residents and residents who are foreigners working in such organizations.
15. Non-residents being diplomatic agencies, consular agencies are allowed for listing in foreign currency and collection of charges for exit and entry visa, other charges and fees in foreign currency by transfer or cash.
16. Non-residents shall comply with the following provision:
a) They are allowed to transfer in foreign currency for other non-residents;
b) They are allowed for prices in contracts in foreign currency and payment of export goods and services in foreign currency by transfer for residents. Residents are allowed to make quotations, fix prices in foreign currency or receive payments in foreign currency by transfer when they supply goods and services for non-residents.
17. Other cases allowed to use foreign exchange in the territory of Vietnam will be considered and approved by the SBV’s Governor based on the actual situations and necessities of each case.
Thus, Vietnamese law allows the use of foreign exchange for 17 individual cases as prescribed above. At the same time Vietnamese law does not accept all transactions other than the above cases using foreign exchange.
In what cases is it considered legal to use foreign exchange in the territory of Vietnam?
If the sale and purchase contract between both parties are Vietnamese enterprises, is the transaction in USD considered legal?
Pursuant to Article 3 of Circular 32/2013/TT-NHNN of Vietnam on the principle of restricting the use of foreign exchange in the territory of Vietnam as follows:
Principles in restricting the use of foreign exchange in the territory of Vietnam
In Vietnam’s territory, except for the cases allowed to use foreign specified in Article 4 of this Circular, all transactions, payments, listing, advertisements, quotations, pricing, prices in contracts, agreements other similar forms (including conversion or adjustment of prices of goods and services, the value of contracts and agreements) of residents and non-residents are not allowed to be conducted in foreign exchange.
Thus, in principle, apart from the cases where it is allowed to use foreign exchange as prescribed in Article 4 of Circular 32/2013/TT-NHNN of Vietnam, all transactions in the territory of Vietnam are not allowed to use foreign exchange.
Therefore, the purchase and sale contract between two Vietnamese enterprises, the implementation in USD is against the law on the use of foreign exchange.
What to do in case of the sale and purchase contract between two Vietnamese enterprises using USD currency?
Pursuant to the provisions of Article 23 of Decree 88/2019/ND-CP of Vietnam on penalties for violations of foreign exchange activities, specifically, the recording and payment of contracts in USD as follows:
- A warning shall be issued for failing to comply with law regulations when making payment for goods or services in foreign currency with total payment of less than USD 1,000 (or equivalent value in another foreign currency).
- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to comply with law regulations when making payment for goods or services in foreign currency with total payment of less than USD 1,000 (or equivalent value in another foreign currency) in case of any repeat or serial violation; failing to comply with law regulations when making payment for goods or services in foreign currency with total payment of from USD 1,000 to under USD 10,000 (or equivalent value in another foreign currency).
- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to comply with law regulations when making payment for goods or services in foreign currency with total payment of from USD 10,000 to under USD 100,000 (or equivalent value in another foreign currency).
- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for carrying out transaction, quotation or determination of contract prices, or posting or publishing prices of goods, services or land use rights, or performing other similar acts (including converting or adjusting prices of goods or services or contract prices) in foreign currency inconsistently with law regulations.
- A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing to comply with law regulations when making payment for goods or services in foreign currency with total payment of USD 100,000 or greater (or equivalent value in another foreign currency).
Moreover, there are also additional penalties as follows:
- Foreign currency or VND cash shall be confiscated if any of the above violations is committed.
Note: According to the provisions of Clause 3, Article 3 of Decree 88/2019/ND-CP of Vietnam, the above fine is imposed on an individual. The fine imposed on an organization is twice as much as the one imposed on an individual for the same administrative violation.
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