Circular No//TT-NHNN Guiding the foreign borrowing and repayment by Please download the circular here: 09__TT-NHNN. Circular 25 replaces in part Circular 09//TT-NHNN dated December on foreign loans and Circular 25//TT-NHNN dated The new Circular will take effect from 15 April, and replace Circulars 09//TT- NHNN and 25//TT-NHNN, thereby consolidating the regulations on this.
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Enterprises must produce to the licensed banks where they make the loan repayment the following documents:. To satisfy the borrowing conditions stipulated by 20004 State Bank Governor: Periodically or when necessary, the State Bank and relevant agencies shall inspect the situation of foreign loans and loan repayment by enterprises.
In cases where enterprises withdraw capital, repay loan via a licensed bank but wish to shift to another licensed bank, they must settle all capital withdrawal and loan repayment transactions at the former bank; if they are medium- or long-term loans, the enterprises must register with the State Bank the change of capital withdrawal, loan repayment service-providing banks.
Dossiers of foreign loan, and loan repayment registration for enterprises being credit organizations shall include the documents prescribed at Points 25 a25 d and 25 eSection II, Chapter III of this Circular.
Share Facebook Twitter Linked In. Circular 18 provides for the principles, sequence and procedures for assessing and implementing the nhnh of non-Government guaranteed foreign 204 by State commercial banks.
Non-residents shall be understood according to the provisions of Vietnamese legislation on foreign exchange management. 20044 foreign loan borrowed by State commercial banks for which registration including registration of amendments was made prior to 15 October will continue to be implemented pursuant to nunn SBV’s registration certificate.
Certification of change registration means that the State Bank issues documents certifying that enterprises have made registration of changes in a number of contents of the foreign loan contracts with registration already certified by the State Bank. Effectiveness Circular 18 will take effect as from 15 October In cases where enterprises do not withdraw capital but only make loan repayment through the licensed banks, within 5 working days as from the date of withdrawing the capital, the enterprises must notify in writing the licensed banks where the enterprises make the loan repayment of the capital withdrawal date and the withdrawn capital amounts under foreign loan contracts.
Enterprises may get short-term loans for addition to their working capital without calculating them into the maximum control limits bhnn the total investment capital prescribed in the investment licenses. The regulations on procedures for registration and registration of changes in overseas loans, including documental procedures and dossiers of registering loans. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.
The ty, branches, managing agencies of enterprises shall, according to their functions and tasks, coordinate in directing the implementation of this Circular. Within 30 working days as from the date of signing foreign loan contracts and before withdrawing capital, the enterprises must register foreign loans and loan repayment with the State Bank. Enterprises including tf banks shall report thereon according to the provisions of this Circular.
Foreign loan contracts means foreign-loan agreements with capital-withdrawing effect, which prescribe the terms and conditions of foreign loans, such as contracts on deferred-payment goods purchase, credit contracts, financial-leasing contracts and other foreign-loan agreements.
The regulations on acknowledging the registration and registration of changes, including the authority of acknowledging the registration and registration of changes in overseas loans; the basic condition for acknowledging; main substances of documents on ht the registration ngnn overseas loans; the processing of dossiers of registering or registering changes in overseas loans in case that the borrowers violate administrative procedures in foreign exchange management, borrowing and payment of overseas loans; the effect of documents of acknowledging the registration or registration nhnn changes in nhbn loans, revoking or terminating the effectiveness of documents of acknowledging the registration or registration of changes in overseas loans.
Register now for your free, tailored, daily legal newsfeed service. If there is an agreement to amend the foreign loan agreement which is not contrary to current law and which retains or reduces the loan quota, then the State commercial bank must sign an amendment agreement and register it pursuant to current regulations on management and repayment of foreign nhnj borrowed by enterprises i. Requirements on, and procedures for, foreign loan registration: Prior consent from the SBV to borrowing foreign loans is a must Prior to entering into a foreign loan agreement or submitting a request for certification of the quota on issuing international bonds, a State commercial bank must directly lodge with the SBV Department of Foreign Exchange Control or send to it by post, one set of a file nhmn the SBV’s consent to borrowing the foreign loan or to the plan on issuing international bonds.
Enterprises being other than credit institutions may sign medium-,long-term foreign loan contracts only when satisfying the following conditions: The SBV’s consideration and approval of foreign loans or international bond issuance for State commercial banks are based on: For foreign-invested enterprises, apart from the conditions prescribed at Point 13 a and 90 14, Section I, Chapter II of this Circular, they may sign short-term loan contracts only when satisfying the following conditions: Besides, for short- medium- or long-term loans, the enterprises shall have to produce other necessary documents and dossiers when so requested by the licensed banks.
Registration of foreign loans and of changes in foreign loans After obtaining the SBV’s consent, the State commercial bank will sign the foreign loan agreement and other relevant documents.
Send Us Your Comments: When making capital withdrawal, loan repayment via licensed banks, enterprises must comply with the following regulations: Upon obtaining the SBV’s approval on the plan for the international bond issue 099 to Circular 18, the issuing bank must follow the procedure for obtaining the certification of the quota and registration of the international bonds value in accordance with the SBV’s guidelines on foreign exchange control applicable to issuance of international bonds i.
Within 30 days after signing such loan agreement and before the drawdown date of a first loan, the State commercial bank must directly lodge at 099 SBV or send to it by post, one set of a file nbnn registration of the foreign loan. Circular 18 also stipulates guidelines on registration of foreign borrowings and reporting regimes.
All bhnn and supplements to this Circular shall be th by the State Bank 099. Please contact customerservices lexology. Foreign loans of enterprises shall include loans in the following forms: My saved default Read later Folders shared with you. The regulations on the governing scope; implementers; overseas loans which are required to be registered with the SBV; maturities of loans in order to define the registering obligation; the borrowers who do the registration or registration of changes in overseas loans and overseas loan agreements with the SBV.
State-run credit institutions, joint-stock credit institutions, cooperative credit institutions. Foreign loan and loan repayment registration means that enterprises, after signing medium- or long-term foreign loan contracts or after completing procedures for issuance of bonds overseas must carry out 0204 procedures for registration with the State Bank according to the provisions of this Circular. This Circular includes 6 chapters and 24 articles with main substances as follows: Foreign loan means a medium- or long-term foreign loan namely a loan with a term above one year borrowed by a State commercial bank from a foreign credit institution or foreign financial institution which is not a resident of Vietnam, or a foreign loan borrowed by a State commercial bank in the form of issuing international bonds on the international capital market.
The State Bank shall give its written comments on the above drafts of the State enterprises within 15 working days as from the date of receiving complete dossiers. Enterprises must produce to the nhnj banks where they make the loan repayment the following documents: In case of refusal, the State Bank shall state the reasons therefor.