IT ' S SMART

Guide some of the foreign exchange management content for lending.

abroad and revoking bail debt to the non-resident A

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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 December 13, 2005;

The Ordinal Command. 06 /2013/PL-UBTVQH13 March 18, 2013 amendment, adding some of the provisions of the Foreign Exchange Ordination;

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;

On the recommendation of the Chief of Foreign Affairs Management,

The Governor of the State Bank of Vietnam issued a statement instrucing some of the foreign exchange management content on lending abroad and recovering the bail debt to the non-resident.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates:

a) Open and use the account to make a loan out of foreign loans, implement bail obligations and revoking bail debt to the non-resident of the economic organization after being authorized by the Prime Minister to make a loan, bail out to the non-resident. Residence;

b) Open and use the account to perform a bail obligation and revoking bail debt to the non-resident of the credit organization, the foreign bank branch;

c) The procedure for registration, registration changes to foreign loans; registration, registration changes in debt repayment arise from the implementation of the guarantee obligation to the non-resident of the economic organization;

d) The procedure for registration, registration changes to the bail debt recall issued from the implementation of the guarantee obligation to the non-resident of the credit organization, the foreign bank branch.

2. In addition to the regulations at this Smart, the lending, foreign debt recovery, bail out to the non-resident of the credit organization, the foreign bank branch implemented by the current regulatory regulation of the State Bank for foreign exchange management for the employment of the government. lending, revoking the foreign debt of the credit organization and the regulation of bank bail.

What? 2. Subject applies

1. Credit Organization, foreign bank branch bail for non-resident (later called "bail party").

2. The economic organization is allowed by the Prime Minister to lend a loan to the non-resident (later known as "the lender").

3. The economic organization is given bail by the Prime Minister to bail out the non-resident (later called "bail party").

4. organizations, individuals with regard to foreign lending activities and bail for the non-resident of the economic organization, credit organization, and foreign bank branches.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The bail for non-resident is the organization of credit, foreign bank branch, economic organization that is the person residing in writing with the bail party that will take the financial obligation on behalf of the bail-out being the non-resident when it comes. Whether the bail is not made or made incomplete, the obligation is committed to the recipient.

2. Revenue of the bail debt is the bail of the bail revoked bail from the bail being held by the non-resident after having already taken the bail obligation.

3. The loan agreement is the text of the agreement between the lender and the foreign lender as non-resident effective at the expense of the bank and the income of debt, which rules the terms and conditions of the loan abroad for the purpose of using borrowed capital, the loan modus, loan capital, interest rate, dead-term, debt-payment term, payment method, content on loan guarantees (if any), and other commitments are related.

4. The bail-level agreement is the text of the agreement between the bail party, the bail party and the relevant parties (if any), in which the provision of the debt of debt and the return responsibility of the party is granted bail.

5. Commitment to bail is the pledge of the bail party with the bail recipient on the bail party that will perform the financial obligation on behalf of the bail-held non-resident when the bail is not implemented or done not full of obligations committed. With the bail. The bail commitment can be made in accordance with the form of the Letter of Guarantee, the Contract for the Protection and the other form of commitment due to the parties of the agreement on the basis not contrary to the provisions of the Vietnamese law.

6. Representative to the bail party in the credit organization ' s bail, the foreign bank branch is the bail party that is unified by the other conservative parties authorized to manage the warranty of the bail; implementing the registration procedures, registration changes, and registration. The debt repayment of debt to the Bank of State and other authorized content (later known as bail rep).

7. Subscription, registration of a change of loan to foreign loans is the party ' s loan implementation with the State Bank on the loan to foreign loans or on changes related to the loan abroad that has been confirmed by the State Bank at the bank. The text that confirms the registration in accordance with this message.

8. Subscription, registration of a change of bail debt recall is that the bail party is currently registered with the State Bank on the income of the bail debt, or about the changes associated with a bail debt recall that has been confirmed by the State Bank at the office. confirm the registration in accordance with the regulation at this message.

9. Confirification of registration is the text of the State Bank confirming that the loan, the bail party, has made the registration of the loan to foreign loans, the income of the bail owed under the provisions of this Information.

10. Confirification of the change registration is the text of the State Bank confirming that the lender made the registration of a loan change to foreign loans or the bail party made the registration change the bail debt recall when changing the content was changed. is confirmed by the State Bank at the registration confirmation text.

11. The credit organization offering the account is a credit organization, the foreign bank branch where the lender, the bail-party, opens the account to make a loan abroad, the bail of the non-resident according to the rule of law. Show up.

12. Accounts making bail is an Account of the Open bail Party at one (01) which provides a credit service offering to perform a bail obligation, revoking bail debt from the non-resident and the charges associated with the bail transaction.

13. The account for the loan abroad is the account of the Open lender at one (01) which provides a credit service offering to make the solution, revoking the debt of the loan abroad.

What? 4. The responsibility of the lender, the bail

1. Under the responsibility of research on the legal capacity, the financial capacity of the borrower, the party is guaranteed to be non-resident to ensure the income of the original debt and interest in the loan agreement, the bail agreement agreement.

2. Self-tolerance for legal and financial risk in the signing and implementation of a loan agreement, a bail commitment, a bail-level agreement, and other agreements that are relevant.

3. Compliance the current regulations of law on foreign exchange management, lending and revoking foreign debt, the regulations on bail, property assurance, other regulations of Vietnamese law and foreign law are involved in the signing and implementation of the law, the government said. A loan agreement, a bail commitment, a bail agreement.

What? 5. Subject to the registration of the registration, registration changes to foreign loans, the income debt repayment.

1. The economic organization makes a loan out of the country, giving bail to the non-resident.

2. The credit organization, the foreign bank branch that performs bail for the non-resident.

3. Representative to the bail party in the bail of the credit organizations, the foreign bank branch for the non-resident.

4. The case of loan agreements, the guarantee agreement for the non-resident who has the participation of at least two (02) economic organization, once the economic organization implementing the registration, registration changes to foreign loans, the income of debt to the public. with the loan, my bail.

What? 6. The cases are not required to register the bail debt recall.

The debt case arise from the implementation of the bail obligation to be paid bail to the bail party in the 30 (thirty) date from the date of the implementation of the bail obligation, the bail party does not need to implement a debt repayment registration. I mean, the rules are on this line.

Chapter II

REGISTER AND REGISTER TO CHANGE LOAN

ABROAD OF THE ECONOMIC ORGANIZATION

What? 7. File registration for foreign loan

1. The application register for foreign loans (according to Annex 01).

2. The legal profile of the lender includes: The copy is corroborated from the draft of the Business Registration Certificate (or Enterprise Registration Certificate), Investment Certificate, License, or Decision to establish a loan under the law. the law (if any) and the modifications (if any).

3. The copy (confirmed by the lender) the Prime Minister ' s approval text on the loan to foreign loans of the economic organization.

4. Report on the economic organization ' s foreign currency trading method for lending overseas.

5. The legal profile of the borrower includes: The copy is corroborated from the main copy and the translation of the Vietnamese language approved by the authorities of the country receiving the investment. The case in the countries/territories of the borrower does not have an investment approval procedure, the lender submitted a copy of the certificate from the main body and the Vietnamese translation confirmed by the authorities of the country's authority to receive investment. Having registered business or documents with equivalent legal value (applicable to the borrower case is the business that has the capital participation of the Vietnamese business in the form of direct investment).

6. The copy and translation of the Vietnamese language (confirmed by the lender) agreement the loan to foreign countries.

7. The copy and translation of the Vietnamese language (confirmed by the lender) the documents, the bail agreement, guarantee the loan to foreign countries (if any).

What? 8. The procedure for the procedure to register the loan to foreign countries

1. In the thirty (30) days from the date of the signing of the loan agreement and before the implementation of the loan, the lender sends directly or via the postal route to the State Bank (Foreign Exchange Management) one (01) the prescribed case at Article 7. This is private.

2. In the thirty (30) days from the date of receiving the full, valid record, the State Bank sent on loan to the text loan confirming the registration of the loan abroad which includes the following main content: The lender; the borrower; the underlying conditions of the loan. to borrow abroad such as a loan tranche, the purpose of lending abroad, lending rates, interest rates, fees, assurance forms, solution plans, debt recovery plans (root, interest); the credit organization offering account services and other content related to the stock market. to the loan to foreign countries (if any). The case refused to confirm the registration, the State Bank had the text stating the reason.

What? 9. The registration profile changes the loan to foreign.

1. The case with changes to any content associated with the loan to foreign loans states at the State Bank's text confirming the registration of the loan abroad, the lender is responsible for implementing the registration change of the loan to foreign countries. according to the regulations on this message.

2. The change registration profile includes:

a) The application changes the loan to foreign countries (according to Annex No. 02).

b) The copy and translation of the Vietnamese translation agreements signed (with the confirmation of the loan on the accuracy of the copy and translation) in the case of the changing content that needs to be agreed between the parties.

c) The copy and translation of the Vietnamese language (which has the confirmation of the lender on the accuracy of the copy and the transcript) the text states the guarantee of the bail party's approval to the content changes in the case of a foreign loan guarantee issued by one party. Third.

d) The copy (confirmed by the lender) the text states the Prime Minister ' s approval of the content of the Government on behalf of changing the foreign loan of the economic organization (the case of change increases the amount of money for borrowing or extending the loan deadline). Or change the loan.

The Validation of the credit organization provides account of the account of the solution, revoking the debt to the time of the offer to confirm the change registration (applicable to the case of registration changes to the solution plan, revoking the debt).

e) The text of the lender is clear about the content that changes the loan to foreign countries (applied to the absence of a profile component of the point b, c This paragraph).

What? 10. The procedure of implementing the registration procedure changes the loan to foreign.

1. In the thirty (30) days from the date of the signing of the agreement to change the loan to foreign countries and before the implementation of the change content, the lender sends directly or through the postal route to the State Bank (Foreign Exchange Management) one (01) case file. I mean, it's the regulations on this Article 9.

2. During the thirty (30) days from the date of receiving the full, valid record, the State Bank sent the text loan confirmation of registering to change the loan to foreign countries.

3. The case of refusing to confirm registration changes the loan to foreign loans, the State Bank has the text stating the reason.

Chapter III

REGISTRATION AND REGISTRATION CHANGES

INCOME DEBT RECOVERY

What? 11. The filing of the bail debt revoked

1. The case of a bail debt recall from the bail operation for the non-resident of the economic organization, the registration filing includes:

a) The application registers the bail debt revoked (according to Annex 03).

b) The legal profile of the bail party includes: The copy is corroborated from the draft of the Business Registration Certificate (or Enterprise Registration Certificate), Investment Certificate, License, or Decision establishing the bail under the provisions of the government. the law (if any) and the modifications (if any)

c) The copy (confirmed by the bail party) the Prime Minister's approval text for the organization of the guarantee economy to the non-resident.

d) Copy and translation of the Vietnamese language (confirmed by the bail party) the text of the recipient bail requires the bail to perform the obligation to bail;

The copy and translation of the Vietnamese language (confirmed by the bail party) are committed to the bail, the agreed bail agreement, the agreement (or the announcement) on the return of the bail owed to the bail.

e) Copy (validation of a credit service provider's account) evidence from the bail proof that transferred the money to the bail obligation.

2. The filing of the bail debt revoked filing applies to the bail or bail of the credit organization, the foreign bank branch includes:

a) The application registers the bail debt revoked (according to Annex 03).

b) The copy and translation of the Vietnamese language (a confirmation by the bail party or the bail party representative) the text of the recipient of the bail claim to the bail obligation to perform bail;

c) The copy and translation of the Vietnamese language (whether the confirmation of the bail party or the bail party representative) is committed to the bail, the agreed bail agreement, the agreement (or the announcement) of the repayment of the debt that the bail party has paid for the bail.

d) The copy (confirmed by the bail party or the bail party representative) the evidence from the bail certificate has transferred the money to the bail obligation.

The copy (confirmation of the bail-party representative) agreement between the Parties to the authorization for 1 (one) of the delegate to the representative to implement a debt repayment of bail to the State Bank (applicable to the bail).

What? 12. Presentation of the procedure to register a bail debt recall

1. In the fifteen (15) days of work since the date of the transfer of the bail obligation, the bail party or the bail representative (in the case of the credit organization ' s bail, the foreign bank branch) sent directly or through the road. the post office to the State Bank (Foreign Exchange Management) one (01) the prescribed set of filings at this Article 11.

2. In the fifteen (15) days of work since the date of receiving the full record, the contract of the bail party or the bail party representative, the State Bank sent bail or representative of the text bail confirmation of the registration of a bail debt recall included. The following main content: The bail or the bail party; the party is guaranteed; the bail is on the bail; the underlying conditions of the repayment of the bail debt: bail-out, the amount of bail, the target of the bail, the purpose of bail, the interest rate, the debt, the fees, the fees, the fees, the fees, the fees, the fees, the fees, the fees, the fees. debt recovery; the provision of a provision of account services and other content related to a bail debt recall (if available).

3. The case of refusing to confirm the registration of change, the State Bank has the text stating the reason.

What? 13. Registration Profile changes bail debt recall

Whether or not the case changes any content associated with a recall of the bail debt raised in the Office of the State Bank confirming the registration of the bail debt revoked, bail or representative of the bail party responsible for carrying out the registration changes. The debt recovery is due to the provisions of Article 14. Registration records change bail debt recall including:

1. The register changes the bail debt repayment (according to Annex 04).

2. The copy and translation of the Vietnamese language agreement changes the bail commitment, the signed bail agreement (which has the confirmation of the bail party or the bail representative on the accuracy of the copy and the transcript) in the case of the changing content needed. A deal between the parties.

3. The text of the bail party states the Prime Minister 's approval of the Prime Minister' s approval of the change content associated with the bail of the non-resident of the economic organization (the case of changing the economic organization ' s bail amount). or extend the bail of the bail or bail changes.

4. The validation of the credit organization provides an account of the situation to perform a bail obligation, revoking the debt to the time of the request for the confirmation of the change registration (applicable to the case of registration changes the debt recovery plan).

5. The text of the security side of the domain is clear about the content that changes the bail debt recall (applies to the absence of the case component set at paragraph 2 and paragraph 3 This Article).

What? 14. The procedure for implementing the registration procedure changes the bail debt recall

1. In the thirty (30) days from the date of the signing date of a change of bail debt revoked, bail or representative of the bail bail sent directly or via post office to the State Bank (Foreign Exchange Management) one (01) the prescribed set of records. in Article 13 of this.

2. In the fifteen (15) days of work since the date of receiving the full record, the validity of the bail party or the bail party representative, the State Bank sent the bail party or the representative of the text bail confirmation of the registration of the insurance debt recall. Take it

3. The case of refusing to confirm the registration of the bail debt revoked, the State Bank has the text stating the reason.

Chapter IV

THE ACCOUNT FOR BORROWING ABROAD, THE ACCOUNT PERFORMS BAIL FOR THE NON-RESIDENT.

What? 15. The account for the loan abroad and the financial organization ' s bail implementation account.

1. Before making money transfer transactions involving foreign loans, the economic organization opens one (01) an open foreign loan account in one (01) a credit offering of the account service. Transactions involve foreign loans (a loan of loans; income of the original debt, interest in interest, and fees to be made through a foreign loan account).

2. Before making money transfer transactions involving a non-resident guarantee, the economic organization opens one (01) a bail account for the non-resident open at one (01) the credit-service supply organization. Transactions related to bail (payable on behalf of the bail, repayment of debt from the bail party, the fees) must be made through the bail execution account.

3. The case of economic organization implementing the loan, bail for non-resident is the overseas business that has a contribution to capital in the form of direct investment of the lender, the bail party, the loan account abroad, the account implementation of the loan. The capital is the direct investment account of the economic organization under the existing regulations on foreign exchange management for direct investment abroad.

What? 16. The credit execution account of the credit organization, the foreign bank branch.

The credit organization, the foreign bank branch is the bail party for the non-resident responsible for tracking transactions related to the implementation of bail and the recall of debt bail through the account in accordance with the existing regulations on the property. Accounting, accounting for credit organization, foreign bank branch; responsible and ensuring the implementation of the transactions related to bail and the return of bail debt under the same text content of the State Bank of the State Bank confirming registration, registration changes. The credit card, the foreign bank branch.

What? 17. The responsibility of the credit services supply organization

When making money transfer transactions through a foreign loan account and the bail-making account of the loan party and the bail party, the credit service supply organization has the responsibility to carry out the inspection, the reference of the documents due to the party. loan, party bail to ensure the correct implementation of the transactions of the loan abroad; perform bail obligations, and the recall of bail debt that has already been registered by the State Bank, registering for change and in accordance with existing regulations. The law.

Chapter V.

REPORT MODE

What? 18. The reporting regime for the lender is the economic organization.

1. The monthly periodic (slog on the 10th of the next month), annually (the slog on January 31 of the next year), the lender is the economic organization that performs the State Bank report (Foreign Exchange Management) the situation for lending abroad. (in Annex 05).

2. The case of a sudden, the lender is the economic organization reported at the request of the State Bank.

What? 19. Report mode on the bail side

1. During the ten (10) days of work since the date of the signing of the bail pledge, the bail party is the responsible economic organization for the report of the State Bank report (Foreign Exchange Management) bail out of the non-resident of the attachment at Appendix 06. With this message.

2. The monthly periodic (slog on the 10th of the next month), annually (the slog on January 31 of the next year, the bail is the economic organization that performs the State Bank report (Foreign Exchange Management) the debt recovery situation arise from the state. the implementation of a bail obligation (according to Appendix 07).

3. The bail party (or the bail party representative) is the credit organization, the foreign bank branch that imples the report information regime under the current regulation of bank bail.

4. The case of a break-in, the bail party (or the bail party representative) carried out the report at the request of the State Bank.

What? 20. The Report Mode for the Credit Services Supply organization is available.

1. The credit service offering the account of the account for the loan of the loan, foreign debt collection (root, interest); transfer of the obligation to bail out and revoking bail debt under the State Bank regulation of the report regime. Statistics apply to units of State Bank and credit organizations, foreign bank branches.

2. The case of a break-in, the credit organization which provides the account service to perform the report at the request of the State Bank.

Chapter VI

DETECTIVE WORK, CHECK, BREACH.

What? 21. Inspector, test, breach of violation

1. When necessary, the State Bank conducts its inspection, inspection of compliance with regulatory compliance on foreign exchange management for activities related to lending abroad, bail, loan repayment of the lender, bail of the party. Loan, bail, and credit organization provide an account-based account in this Information.

2. The lender, the bail party and the credit organization offering the account responsible for providing all documents, the documentation necessary for the inspection, inspection is done in time, effective.

3. The case violates the regulations at this Smart, depending on the extent of the breach, the lender, the bail party and the credit services supply organization that will be subject to the current regulations on administrative violation of administrative violations in the field of currency and operation. The bank.

Chapter VII.

THE ORGANIZATION.

What? 22. Terms of execution

1. This message has been in effect since 14 February 2014.

2. The foreign loan of the economic organization, the bail of the non-resident of the economic organization, the credit organization, the foreign bank branch that made before this announcement came into effect, according to the text. confirm registration, registration changes (if any) of the State Bank. The case has a change agreement and the reports arise after the effective date of this announcement, the economic organization, the credit organization, the foreign bank branch that follows the provisions of this Smart.

What? 23.

Chief of the Office, the Chief of Foreign Affairs Management, the Head of State Bank of the State Bank, Director of the Provincial Bank of the Province, Central City, Chairman of the Central Committee, Chairman of the Board, General Manager, General Manager (Monitor). The credit organization, the foreign bank branch within its functional range, is responsible for the organization.