Circular 25/2014/tt-Nhnn: Guide To Registration, Register The Change Of Foreign Business Loans Not Guaranteed By The Government

Original Language Title: Thông tư 25/2014/TT-NHNN: Hướng dẫn thủ tục đăng ký, đăng ký thay đổi khoản vay nước ngoài của doanh nghiệp không được Chính phủ bảo lãnh

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THE STATE BANK OF VIETNAM
Number: 25 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 15 September 2014

IT ' S SMART

Registration of registration procedures, registration of foreign loan changes

of business not being told by the Government Oh.

__________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH11 of the Standing Committee of the National Assembly December 13, 2005 and the Ordinal Ordination 06 /2013/PL-UBTVQH13 March 18, 2013 amendment, adding some of the provisions of the Foreign Exchange Ordination;

Base of Protocol 99 /2012/NĐ-CP November 15, 2012 of the Government on Assignment, Devolve Implementation Of Rights, Responsibilities, obligations of state owners to state enterprises and state capital invested in the business;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

Base of Protocol 219 /2013/NĐ-CP December 26, 2013 of the Government on loan management, paying foreign debt of the business is not covered by the Government;

On the recommendation of the Chief of Foreign Exchange Management;

The Governor of the State Bank of Vietnam issued a Notice of Registered Procedure, registering to change the foreign loan of the non-government.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information provides for the registration procedure, the registration of change, the statistical reporting system applicable to foreign loans that are not covered by the Government.

2. The registration, registration of a change in foreign loan of the commercial bank is state enterprise, foreign loans in the form of international bonds issued not by the Government of the State for the Government of the State Bank. Vietnam (later known as State Bank).

3. The non-resident purchases of the creditor issued by the resident on the territory of Vietnam follow the provisions of the existing law on foreign indirect investment in Vietnam.

What? 2. Subject applies

1. The resident is a business, cooperative, cooperative association, credit organization (not including Commercial Bank is state business) and the foreign bank branch established, business operations in Vietnam are on foreign loans. It ' s not supported by the government (collectively called the Borrower Party).

2. The organization, the individual involved in the borrower ' s foreign loan operation.

What? 3. Foreign loans are not required by the Government to make registration.

The foreign loan is not covered by the Government (later known as foreign loan) subject to the subject of registering with the State Bank including:

1. Foreign, long-term foreign loan.

2. The short-term foreign loan is renewed that the total deadline of the loan is above 01 (one) year.

3. The short-term foreign loan does not have a contract extension but the excess of debt at the time of round 01 (one) year from the first draw, unless the borrower completes payment of the loan debt during the time of 10 (ten) days from the time of round 01. (one) the year since the first draw.

What? 4. The foreign loan agreement to implement a foreign loan register

1. The foreign loan agreement to implement a foreign loan registration (later known as the foreign loan agreement) is that the agreement to take effect is signed between the borrower and the lender is the non-resident who gives birth to the party ' s debt return obligation. borrower or resident debt tools released to the non-resident.

2. The borrower does not have to implement a foreign loan registration procedure when the signing of the non-effective withdrawal effect with the non-resident as the framework credit agreement, the memorandum of memo and other similar agreements (later called the agreement). brackets), minus the specified case at paragraph 3 This. The framework of the framework agreement must ensure no contrary to the provisions of the Vietnamese law.

3. The case of the lender ' s long-term, long-term foreign loan delivery due to a written capital withdrawal agreement on the basis of the framework agreement, the borrower performs the registration of the loan in accordance with the provisions of this Information.

What? 5. The loan deadline to determine the registration obligation

1. For the specified loans at 1 Article 3 This April, the term of the loan is determined from the date of the first capital withdrawal to the date of the final payment expected on the basis of the regulations at the foreign loan agreement.

2. For the stipulated loans at paragraph 2 Article 3 This date, the term of the loan is determined from the date of the first capital withdrawal to the date of the final payment expected on the basis of the regulations at the foreign loan agreement, the agreement to renew the foreign loan.

3. For the stipulated loans at 3 Article 3 This April, the term of the loan is determined from the date of the first capital withdrawal to the date of the final payment expected.

4. The date of the regulatory withdrawal at this is the day of the loan of the loan to foreign loans in money, the date of the goods of goods to foreign loans in the form of imports of slow paid goods and financial leasing in accordance with the following: the regulation of the law is relevant.

What? 6. Subject to the registration of registration, registration of foreign loan changes

The borrower performs the registration, registration of changes of foreign loans including:

1. The borrower contracting the foreign loan agreement directly with the money with the lender is non-resident.

2. The credit organization, the foreign bank branch that receives the loan trust from the loan to the lender is the non-resident.

3. The party is obliged to pay off the debt instrument issued to the non-resident.

4. The party is rented in the financial lease with the non-resident.

5. The import of the goods paid slow.

Chapter II

FOREIGN LOAN REGISTRATION PROCEDURE

What? 7. Presentation of the procedure to register foreign loans

1. The borrower sends a filing of the foreign loan under the regulation at this Notice via post or file directly at the agency confirming the registration of the loan under the jurisdiction stipulated at Article 13 of this article in the thirty (30) days of the following date:

a) The date of the date of the central, long-term foreign loan agreement, or the date of the bail letter to the case of a secured loan or the date of the signing of a written capital withdrawal agreement on the case of the agreement of the withdrawal agreement on the basis of a signed framework agreement. and prior to the implementation of the capital;

b) The date of the agreement to renew the foreign-term foreign loan, long term for foreign loans stipulated at 2 Article 3 This Information;

c) The date of one (01) year from the first withdrawal to foreign loans rules in paragraph 3 Article 3.

2. The State Bank has a confirmed text registration of the foreign loan in the deadline:

a) Twenty (20) days from the date of receiving the full record, the validity of the borrower, or;

b) Sixty (60) days from the date of receiving the full record, the validity of the borrower to the case of a foreign loan with the Vietnamese must be considered by the Governor of the Bank of State, approved by regulation at point 2 Article 7 News 12 /2014/TT-NHNN March 31, 2014 regulations on the conditions of foreign borrowing of the business are not covered by the Government;

c) The case of refusing to confirm the registration of a foreign loan, the State Bank has the text stating the reason.

3. For foreign loans by the Vietnamese to be allowed by the Governor of the State Bank to follow the regulation at the point of paragraph 2 Article 7 News 12 /2014/TT-NHNN, The procedure of registering a loan is the procedure that the Governor of the Bank of the State considers the loan approval; the document confirming the registration of foreign loans simultaneously is the Office of the Governor of the State Bank's loan.

What? 8. The filing of foreign loan registration, except for loans that arise from the import of goods paid slowly.

1. The application of a foreign loan (according to the Appendix 01).

2. Copy (with confirmation of the borrower) the legal profile of the borrower and the use of the borrower (for the case of the borrower not the use of the borrower): The license to form, the Business Registration Certificate, Business Registration Certificate A certificate of investment or other equivalent document of the organization, the Co-operation of the Co-operation, the Co-operation in accordance with the provisions of the law and the revised texts (if any).

3. The copy (certificate of the borrower) documents the purpose of the loan included:

a) The production of manufacturing, business, investment project using foreign loans granted authority approved by the provisions of the Investment Law, Corporate Law, and Corporate Charter, the Co-operation Law and the Coordination of Social Cooperation and the Articles of Law of Law. other relevant to the foreign loan case to implement the production, business, investment project;

b) The restructuring of the foreign debt of the borrower is granted authority approved by the regulation of the Enterprise Law and the Business Charter, the Co-operation Law, and the Coordination of Social Cooperation and other laws of law that are related to the law. Foreign loans to restructure the foreign debt of the borrower.

4. The copy and translation of the Vietnamese language (which has the confirmation of the borrower) a foreign loan agreement and the agreement to renew the foreign loan extension to medium, long-term (if any) or a written capital withdrawal agreement with a framework agreement.

5. Copy (with confirmation of the borrower ' s) bail, the document pledged bail or the contract to bail out foreign loans (if any).

6. The copy of the lender ' s text of the grant has the authority to approve the presiding, appraisal and approval of a foreign loan under the provisions of the law on assignment, devolve execution of rights, responsibilities, the obligations of the state owner. for the state-owned enterprise and the state capital invested in the business for the borrower is the state-owned enterprise.

7. Report on compliance with the State Bank ' s regulations on safety guarantee rates in banking activities at the time of the last month before the date of the foreign loan agreement and the text of the proof of not complying with the regulations of the bank. The law on safety guarantee rates has been approved by the Prime Minister or the Governor-General of the State Bank under the rule of law (if any) for the borrower is a credit organization, foreign bank branch.

8. The text of the credit organization, the foreign bank branch where the borrower gains capital gains, pays off foreign loan debt confirmed on the situation of capital withdrawal, debt (original and interest) to the time of registration of foreign loans to foreign loans. regulation at paragraph 2 and paragraph 3 This April and the foreign, long-term foreign loans that arise in the case of a portion of foreign investor funds transferred to Vietnam used to meet the costs of investment prepared to be transferred into paragraph. The long-term foreign, long-term foreign borrowing of the business has foreign direct investment in accordance with the existing regulation of direct investment legislation. It ' s foreign to Vietnam.

9. Text, testimony from proof of profit being split legally by the Vietnamese from the direct investment activity of the lender is the foreign investor that contributes to the borrower and confirmation of the credit organization, the foreign bank branch outside of the borrower. A direct investment account of the loan and the transfer of the loan to the lender's water, and the transfer of the loan to the loan, to prove the loan of the loan to foreign loans in accordance with the regulations at point 2 Article 7 of the loan. 12 /2014/TT-NHNN.

10. Text on the need for foreign borrowing of foreign loans in Vietnam for foreign loans in Vietnam must be granted by the Governor of the State Bank under the regulation at point 2 Article 7 News 12 /2014/TT-NHNN.

What? 9. Foreign loan registration records arise from the slow-paid commodity import contract.

1. The specified profile components at paragraph 1, 2, 4, 5 and paragraph 6 Article 8 of this.

2. The copy (certificate of the borrower) evidence from the proof of the import of imported goods has been adopted under the law of law on a foreign loan stipulated at paragraph 2 and paragraph 3 This Article 3.

Chapter III

FOREIGN LOAN CHANGE PROCEDURE

What? 10. Register for foreign loan changes

1. Except for the specified case at paragraph 2 This, the case changes any content related to foreign loans outlined in the document confirming the registration of the State Bank ' s foreign loan (according to the sample at Annex 2 attached to the Foreign Office). Here), the borrower is responsible for implementing the registration of a foreign loan change with the State Bank as prescribed in this Information.

2. The case of capital withdrawal, debt repayment, actual transfer of change within 10 days compared to the capital withdrawal plan, paid off debt, the fee has been confirmed by the State Bank earlier, the borrower is responsible for informing the commercial bank, the branch. The foreign bank site where the borrower opened the loan account, paid foreign debt (later called the commercial bank offering the account service) to make a capital withdrawal, pay the debt under the change plan; not requiring the registration of a foreign loan change with the bank. State Bank.

What? 11. The procedure of implementing the registration procedure changes the foreign loan

1. In the thirty (30) days from the date of the signing of the change agreement and before the change content takes effect or before the time of the change content changes to the changing content does not need to sign the change agreement and in accordance with the loan agreement. Foreign, the borrower sends a registration record that changes the foreign loan via the post or file directly at the body of a loan registration or confirmation body changing the nearest loan change (for the case already registered to change). loan) to make the registration of a change of foreign loan under the regulatory authority at Article 13 of this.

2. In the twenty-20 (20) days from the date the authority has the authority to receive the full record, the validity of the borrower, the State Bank has the text confirming the registration of the foreign loan change. The case refused to confirm the registration of the foreign loan change, the State Bank had the text stating the reason.

What? 12. Registration Profile changes foreign loans

1. The registration application changes the foreign loan (in the form at Annex 03).

2. The copy and translation of the Vietnamese language agreement changes the signed foreign loan (have the confirmation of the borrower) in the case of the changing content that needs to be agreed between the parties.

3. The approval of the bail party 's approval for the borrower' s foreign loan on the agreement to change the foreign loan to the case of the foreign loan of the borrower is granted bail.

4. The copy of the lender ' s text of the granting of the authority under the rule of law on the assignment, devolve execution of the rights, responsibilities, obligations of the state owner to state enterprise and state capital invested in the business of the state. The borrower's approval of the borrower's foreign loan is the state business for the changing case of a loan increase or extension of the loan term.

5. The confirmation text of the commercial bank offering an account of the capital withdrawal, debt (original and interest) to the time of registration of a foreign loan change to the case of registration changes of capital withdrawal plans, payment plans or banks. trade supply services.

6. The text of the borrower is clear about the content of changing foreign loans to the absence of the record components set at paragraph 2 and paragraph 3 This.

Chapter IV

CONFIRM REGISTRATION, CONFIRM REGISTRATION OF FOREIGN LOAN CHANGES

What? 13. Authority confirmation of registration, validation of registration of foreign loan changes

1. State Bank (Foreign Exchange Management) implementation of the registration of registration, registration changes to foreign loans that have a loan alloy of over ten (10) million USD (or other type of foreign currency with equivalent value) and foreign loans in the same way. The Vietnamese.

2. The State Branch State Bank, the Central City of the Central District where the borrower places the main headquarters to confirm registration, registration changes to foreign loans that have a loan of ten (10) million dollars (or other types of foreign currency). equivalent value).

3. The case of changing changes or lowering the loan alloy, changing the main headquarters of the borrower to change the authority with the authority to confirm the registration of the loan change, the agency confirmed the registration, registration of the initial loan change registered as follows:

a) As a result of the registration of registration records change the borrower's loan;

b) Within seven (07) days from the date of receiving the loan registration record of the borrower's change, transferring all of the original record of the application to register changes of the loan and copy of the registration records, the change registration record made of the loan (if any) to the agency. The authority stipulated in paragraph 1 and paragraph 2 of this to continue processing.

4. The case of a foreign loan with the Vietnamese must be reviewed by the Governor of the State Bank, approved, the Foreign Exchange Management as a clue, in coordination with the relevant units of State Bank reporting the Governor of the Bank of State review, decided to follow the authority.

What? 14. The facility makes validation of registration, registration of foreign loan changes.

1. The total foreign trade loan, self-paid annually by the Prime Minister.

2. The compliance and fulfills of the regulation of foreign borrowing, foreign exchange management, foreign debt under the current regulation of the State Bank and other provisions of the borrower's relevant law.

3. Information provided by organizations and agencies provided by the State Bank's offer in the event of the State Bank to detect registration records, registration changes of foreign loans have a lack of honesty.

What? 15. Handout registration records, registration changes of foreign loans in the case of a loan party that has administrative violations in the field of foreign exchange management, management of loans, foreign debt payments

During the processing of registration records, registration of foreign loan changes, the State Bank case that uncovered the borrower has administrative violations in the field of foreign exchange management, loan management, foreign debt repayment (including behavior that does not comply). The report regime), the review of the registration confirmation, confirmed the registration of the borrower's foreign loan was made after the completion of the administrative breach in accordance with the existing law of the law on the processing of administrative violations in the field. Currency, bank.

What? 16. The effect of the registration confirmed registration, registration of foreign loan changes.

1. The document confirmed registration, confirming the registration of the State Bank ' s foreign exchange rate expires in the case of a period of 6 (six) months from the last day of the capital withdrawal which has been registered by the State Bank. The borrower does not make capital withdrawal and does not register to change the plan to withdraw the foreign loan capital under the relevant regulation at this level.

2. After the foreign loan has been confirmed registration but has not yet withdrawn, the body of confirming the registration of the loan under the regulatory authority at Article 13 This Notice has the letter sent to the borrower on the recall and reason of the registration of the registration confirmation, confirm. recipient of the registration of foreign loan changes in the following cases:

a) A registered record, registration of changes to the borrower's foreign loan with fraudulent information to have sufficient conditions to be confirmed registered, registration changes in foreign loans;

b) The loan and the relevant parties are recorded at the registration confirmation text, confirming the registration of a change of foreign loan being found to have fraudulent behavior affecting the implementation of the foreign loan.

What? 17. Send a registered confirmation text, register for a change of foreign loan; text recall text.

1. The documents belonging to the star object sent to the relevant units include:

a) The document confirmed registration, confirmation of registration of foreign loan changes;

b) The text recovery text confirms the registration, confirming the registration of the foreign loan change.

2. After the implementation of the registration confirmation, the confirmation of the registration of foreign loan changes to the jurisdiction and the text of the document revoked the registration of the registration, confirming the registration of the foreign loan change (if any), the responsibility to send the specified documents. at paragraph 1 This Article is specified as follows:

a) The State Bank of the State of the Star sent to the commercial bank offering the account service to coordinate tracking and execution;

b) The State Bank (Foreign Office of Foreign Affairs) sent to the State Bank of the Provincial Branch State, the Central City of the Central Committee where the borrower has its headquarters for coordinating management, tracking and managing the report;

c) The monthly term, the slog of the 10th of the next month, the State Bank branch of the provincial branch, the Central Central City, and sent to the State Bank (the Foreign Exchange Management) to coordinate management.

Chapter V.

STATISTICAL REPORTING MODE

What? 18. Report mode for commercial banks supply of account services and State Bank of the provincial branch of the province, the Central City of China.

The Commercial Bank Supply of Account Services and State Bank of the Provincial Branch, the Central City of the Central Committee to implement a report regime by the State Bank regulatory regime on the statistical reporting regime applicable to the units of the State Bank. Water and credit organizations, foreign bank branches.

What? 19. Report mode on the borrower

The quarterly, slog period of the next month followed shortly after the report, the borrower must report the situation to make short, mid-and long-term foreign loans uncovered by the Government (according to the Appendix 04). for the State Bank branch of the provincial branch, the Central City of the Central City where the borrower is headquartered.

What? 20. Breakthrough Report Request

Cases of mutation or when necessary, on the borrower, the commercial bank provides an account service that performs the report at the request of the State Bank.

Chapter VI

EXECUTION CLAUSE

What? 21. Terms of execution

1. This message was in effect from 1 November 2014.

2. Repeal Article 1 News 25 /2011/TT-NHNN August 31, 2011 of the State Bank of the State Bank on the implementation of the Simple Method of Simplification of the Foreign Office in accordance with the Government's Resolve Resolve Resolve Resolve, Administrative Procedenization of the Bank of Vietnam. South and Chapter I, Section I Chapter IV 09 /2004/TT-NHNN December 21, 2004 instructs the loan and returns the foreign debt of the business.

What? 22. The transition clause

1. The foreign loans of the borrower made prior to this message are in effect, which is continued to follow in accordance with the registration confirmation text, confirming the change registration (if any) of the State Bank.

2. For the change content associated with the borrower ' s foreign loan arise after this Time of Time is in effect, the borrower must make the registration of a change of foreign loan in accordance with this provision.

What? 23.

Chief of the Office, the Chief of Foreign Affairs Management, the Head of Units of the State Bank, Director Branch of the Provincial Bank of the Province, Central City, Chairman of the Board, Chairman of the Board of Directors, General Manager (Monitor). A credit organization, a foreign bank branch, a business that is responsible for the organization.

KT. GOVERNOR.
Vice Governor.

(signed)

The Emperor.