Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC replied:
Clause 1, Article 12 of Circular No. 25/2013/TT-NHNN stipulates the collection and exchange of money that does not meet the circulation standards prescribed for the State Bank, branches and State Bank Transaction Offices as follows:
1. Collect and exchange money that does not meet circulation standards for organizations and individuals.
Clause 2, Article 13 of Circular No. 25/2013/TT-NHNN stipulates the collection and exchange of money that does not meet the circulation standards for credit institutions, foreign bank branches, and the State Treasury as follows:
2. Collect and exchange money that does not meet circulation standards for organizations and individuals.
Point a, Clause 5, Article 30, Chapter II of Decree No. 88/2019/ND-CP stipulates administrative sanctions for violations in the monetary and banking sector, which stipulates a fine of VND 20,000,000 to VND 40,000,000 for one of the following violations:
a) Conducting currency exchange not in accordance with the provisions of law;
Point b, Point c, Clause 3, Article 3 of Decree No. 88/2019/ND-CP on administrative sanctions for violations in the monetary and banking sector stipulates the forms of sanctions, fine levels, authority to impose fines and remedial measures as follows:
b) The fine level prescribed in Chapter II of this Decree is the fine level applied to individuals; the fine level applied to organizations committing the same administrative violation is twice the fine level applied to individuals;
c) The fine for violations committed by individuals working at people's credit funds or microfinance institutions is equal to 10% of the fine prescribed in Chapter II of this Decree; the fine for people's credit funds, microfinance institutions, and affiliated units of these organizations is twice the fine for individuals working at people's credit funds or microfinance institutions;
Thus, individuals and organizations that do not have the function of exchanging new small bills for the purpose of making profit can be fined from 20,000,000 VND to 40,000,000 VND for individuals and from 40,000,000 VND to 80,000,000 VND for organizations.
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