Circular 34/2013/tt-Nhnn: Regulating The Opening And Use The Foreign Currency Account To Make Direct Investment Activities Abroad

Original Language Title: Thông tư 34/2013/TT-NHNN: Quy định việc mở và sử dụng tài khoản ngoại tệ để thực hiện hoạt động đầu tư trực tiếp ra nước ngoài

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THE STATE BANK OF VIETNAM
Number: 34 /2013/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 31, 2013

IT ' S SMART

Q The credibility of the vote, the vote, the deposit, the bonds in the country.

of the credit organization, the bank branch of the state bank. i

__________________

Vietnam State Bank Law Base Stain. 46 /2010/QH 1 2 the date 1 June 6, 20 1 0;

The Code of Credit: 47 /2010/QH 1 2 June 16, 2010;

The National Enterprise Law Base 60 /2005/QH 11 29 11 in 2005;

Stock Law Base 70 /2006/QH 11 June 29, 2006 and Law amended, adding a s ... Stain. It's the Stock Code 62/20. 1 0/QH 1 2 days 24 11 in 2010;

The French base. l I mean, Stain. Number 28 /2005/PL- Tumor BTVQH 1 1 December 13, 2005;

Resolution 90/20. 11 /ND-CP Day 1 October 4, 201 1 of Government on issue of corporate bonds;

Base of Decree One. 56 /2013/NĐ-CP the date 11 Month 11 20 1 3 of Government regulation of functions, duties, powers, and muscles All the organization of the State Bank of Vietnam (later known as the State Bank);

At the suggestion of the Chief of the Ch. I'm Monetary policy;

The Governor of the State Bank of the State of the State of the State of the State of the State of the Republic of the United States provides for the issuing of the vote, the vote, the deposit certificate, the domestic bonds of organization Credit, foreign bank branch.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information specifies the release of the vote, the vote, the deposit certificate, the domestic bonds of the credit organization, the foreign bank branch to raise capital on the territory of Vietnam.

2. The sale of the bonds to the public, the secretary, the listing and the bond exchange of the credit organization, the foreign bank branch on the stock market is carried out by regulation at this Smart, the provisions of the securities law.

What? 2. Explain the word

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

1. The vote, the vote, the deposit certificate, the bond (later known as the price paper) is evidence of confirming the obligation to repay the debt between the credit organization, the foreign bank branch released with the buyer of the price paper at a certain deadline, which is Paying interest and other conditions.

2. The document priced in the name of a paper with a value issued in the form of a certificate or a writable record of the owner.

3. The anonymous price is a paper priced in the form of a certificate that does not write the name of the owner. The anonymous price is owned by the holder of the valuable paper holder.

4. The paper deadline is a period of time from the date of release to date of payment. Short-term paper has a deadline of less than a year, a long-term paper whose long term has a deadline from a year or more, the bond has a deadline from a year or more.

5. The fixed interest rate is the non-change interest that is imposed over the duration of the price paper.

6. The recurring interest rate is the rate that changes periodically to the market due to the credit organization, the foreign bank branch agreement with the buyer upon release.

7. Pay the previous interest is the sale of the paper priced below the denominated price and the buyer is paid the amount in the price when it comes to payment.

8. Pay interest once when the payment term is the payment of interest once along with the original money when it comes to payment.

9. Periodic Payments are paying the base interest in the recurring interest vote issued by the credit organization, the foreign bank branch agreement with the buyer of the price paper.

10. The bond conversion deadline is a period of time since the organization ' s release began to make the move to bond until the end of the bond conversion.

11. The fiscal year started on 1 January and ended on December 31, calendar year.

What? 3. Subject applies

1. The object of the publication of the document is valid in accordance with this Article 4.

2. The subject of buying a paper is valid by regulation at this Article 5.

3. Organization, other individuals are involved in the release of the credit card of the credit organization, the foreign bank branch.

What? 4. The document releases valuable paper

1. Commercial Bank.

2. The foreign bank branch operates in Vietnam.

3. Financial companies and financial leasing companies issue a valuable paper to raise capital from the organization.

4. Vietnamese cooperative banks issue a prescribed price paper at the established and operational license.

What? 5. The Subject Purchase Object

1. The object to purchase of the price of paper costs organizations, Vietnamese individuals and organizations, foreign individuals. Subject to a credit-based purchase, foreign bank branch issued for the first time on the primary market does not include credit organizations, foreign bank branches, subsidiaries of the credit organization.

2. The case of a credit organization, a foreign bank branch, subsidiary of the credit organization that is the existing shareholder of the published credit organization, is bought with convertiable bonds, the bond that comes with the rights of that credit organization on a compliance basis. regulation of the law of capital, to buy shares.

What? 6. The percentage of the bond ownership of foreign organizations, foreign individuals

The percentage of bond ownership is listed on the foreign organization's stock market, foreign individuals adhering to the regulation of the State Bank and related legislation in each period.

What? 7. The release form

1. The credit organization, the foreign bank branch that issued a paper priced in the form of a written note, is anonymous.

2. For the buyer of the paper priced abroad, the foreign individual organization credit, the foreign bank branch is only issued a paper priced in the form of a paper priced in enrollment.

3. The case of issuing notes priced in the form of a writable, credit organization, the foreign bank branch issuing grants to the buyer of paper certificates in possession of a valid license.

What? 8. The contents of the paper are priced

1. The paperwork is required to include the following contents:

a) The name of the organization.

b) The name of the name is priced (the vote, the vote, the deposit certificate, the bond, the conversion bond, the bond with the right to the right);

c) The price, the deadline, the release date, date of payment;

d) Interest rates, interest rates, times of interest, the location of the original payment and interest of the paper cost;

e) Note that the papers are valid, anonymous;

g) For an enrollment price note must specify an organization name, established license number, or business registration license, the organization's address of the purchase of the purchase of the price (if the buyer is the organization); name, number of people or passports, the buyer's address. the price of the price (if the buyer is personal);

h) For conversion bonds must record the deadline for bond conversion, bond conversion rate to stock;

i) For the right to the right to specify the right to specify the condition purchased by the holder's common stock, the number of shares purchased by each copyright unit, the other rights and responsibilities of the holder of the certificate;

n), the number of series published;

l) Votes with an interest in the price of a paper which must have detailed paper-related details (serial number, denomination), interest rates, amount of money being subject, interest rate term;

m) The signature of the representative in accordance with the law of the credit organization, the branch of the foreign bank issued or the authorized person under the rule of law and other signatures due to the credit organization, the foreign bank branch of regulation;

n) Other content that is associated with the paper is priced.

2. The paper priced in the form of a certificate must be designed and printed to ensure a high resistance.

What? 9. Co-release and payment

The price of paper was issued and paid for by the Vietnamese.

What? 10. The price of the paper cost

1. The price of the paper costs a minimum of one hundred thousand (100,000) copper. The denominates greater than the minimum denominates must be multiples of the minimum denominates.

2. The price of the price of paper (minus bonds) issued in the form of a certificate is printed only or in accordance with the agreement of the credit organization, the foreign bank branch issued with the buyer.

3. The price of the bond issued in the form of the certificate is only printed on the bond.

4. The price of the paper cost is issued in the form of a credit-hosted by the credit organization, the foreign bank branch that releases the agreement with the buyer.

What? 11. Interest Rate

1. The price of paper costs costs due to the credit organization, the foreign bank branch releases its decision to match the market interest rate and the current regulation on the interest rate of the State Bank in each period, ensuring business efficiency and operating safety. The credit organization, the foreign bank branch.

2. During the time of the release of the price paper, the credit organization, the foreign bank branch that actively regulates the price of paper interest rates in accordance with the regulation of interest rate regulation of the State Bank during the period.

What? 12. The date of release and the payment date of the bond

1. The bond issued on the same time and the same deadline is on the release date and the same date the payment deadline.

2. The date of release and the date to the payment deadline for other valuable papers due to the credit organization, the foreign bank branch stipulated.

What? 13. The method of releasing valuable paper

1. Credit organizations, foreign bank branches that can perform paper-based releases in accordance with the methods: direct release, release warranty, release agent, bid.

2. The direct implementation of the release, issued bail, the release agent, bids to release the relevant paper in accordance with the rule of law.

3. The warranty fee issued, the agent issued, bids for a credit for the credit organization, the foreign bank branch that issue an agreement with the warranty organization issued, the release agent, the bid for the sale of the price.

What? 14. Subject to the bidding, bail, release agent

1. The subject to a paper issuing agent for securities companies, credit organizations (except for financial leasing companies), foreign bank branches and other organizations are allowed to provide a legally issued agency service. the law.

2. The subject to the bid, the bail-issued warranty of securities companies and other organizations (except for credit organization, foreign bank branch, subsidiary of the credit organization) is allowed to provide bidding services, bail out of the company ' s development and development. By the rule of law.

What? 15. The procedure to release and payment of valuable paper

The procedure of release and payment of the credit is priced due to the credit organization, the foreign bank branch stipulated in accordance with the characteristics, the management model of the credit organization, the foreign bank branch and the existing law regulations, ensuring the development of the bank. And the payment of the papers is accurate and safe.

What? 16. Payment paper priced and repurchased bonds

1. The credit organization, the foreign bank branch of the cash payment for the buyer of the paper, is priced when the paper is priced to the payment quota.

2. The credit organization, the foreign bank branch that does pay interest in the prepaid method, or pays interest once when it comes to payment, or paying interest periodically.

3. The credit organization, the foreign bank branch in addition to the fixed interest rate at fixed interest rates, the interest rate has periodically adjusted.

4. The payment of the pre-payment of the credit is due to the credit organization, the foreign bank branch decided on the basis of the buyer's offer of price, in accordance with the organization's regulations and activities, ensuring the functioning of the credit organization, Foreign bank branch.

5. The credit organization, the foreign bank branch acquired by its own bond, issued its own base on the State Bank's approved text on the offer to issue bonds.

What? 17. Transfer the ownership of a valuable paper and handle other risk cases.

1. The valuable paper is transferred ownership under the forms of purchase, sale, for, to donate, exchange and inheritance according to the rule of law. For individual release conversion bonds, the certificate of release accompanied by individual release bonds is not transferred at a minimum of 01 years from the date of completion of the release, except for the case of transfer between the state. Professional stockbroker.

2. The procedure to transfer the ownership of a valuable paper, which handles risk cases (diluation, tear, loss of valuable paper and other risk cases) due to the credit organization, the foreign bank branch stipulated in accordance with the rule of law, in accordance with special privilege. point, terms of your business, and ensure the legal rights of holders of valuable paper.

What? 18.

The credit organization, the foreign bank branch that imples bonds in accordance with the regulation of the State Bank and related legislation.

Chapter II

FREE PAPER RELEASE

What? 19. Release the vote, the vote, the deposit certificate

The credit organization, the foreign bank branch, organizes the number of votes, the vote, the deposit, and the deposit, when it comes to compliance with the safety of the safety guarantees at a Article 130 Law of Credit organizations and the guidance of the Bank of the State Bank. Water.

What? 20.

The credit organization, the foreign bank branch, is issued bonds (including convertipated bonds, certificate bonds) in full response to the following conditions:

1. Compact the safety guarantee rates under the regulation at 1 Article 130 Law of credit organizations and the guidance of the State Bank.

2. There is a minimum operating time of 01 years since the opening day of operation.

3. The results of a business activity according to the auditor ' s audits of the year adjacent to the year of the release of the release and the results of business operations to the nearest quarter must have interest.

The pre-release date of April 1, there is no annual financial report of the year adjacent to the prior year of the proposed release.

a) The financial report audits of the year prior to the year adjacent to the results of business activity has interest;

b) The next year ' s financial report to the prior year of the proposed release with the results of a business operating profit is approved by the Board or Board Member to the credit organization; General Manager or Director of approval for the bank branch of the bank. -Foreign.

4. The auditor's auditor's auditor's auditor, the foreign bank branch released must be an audit report stating the full acceptance opinion.

5. For the case of a convertiable bond issue, the bond with the credit organization's rights to the credit organization is the holding company, in addition to meeting the regulations at paragraph 1, 2, 3, 4 This is also subject to the following conditions:

a) The method of increasing the charter capital from the source of the conversion bond, the bond with the right of the fiscal year passed by the General Assembly and approved by the State Bank;

b) The individual conversion bond releases of the credit organization must be at least 6 months apart;

c) The case of a published credit organization that is committed to the buyer of the conversion bond is when the deadline must be converted to stock into stock:

-The buyer of the bonds must meet the existing law regulation on capital limits, buying shares in the immediate release;

-The credit organization's release must meet the sale of shares to the foreign investor in accordance with the existing laws of law since its release.

6. State Bank approval.

What? 21. The Method of Releasing Bonds

1. The bond release method includes the following basic content:

a) The business activity of the year adjacent to the year of the issue of release and to the nearest quarter;

b) The purpose of release and method of use of bonds issued;

c) The total release price, the name of the bonds, the issued currency, the release site, the release form, the release form, the deadline, interest rate, the return method, the return site and interest, the bond purchase object, the conditions and terms of rights and obligations. of the credit organization, the foreign bank branch and the buyer, other commitments to the buyer of the bonds;

d) The method of issue of bonds; organizations participating in the release of the release, agent issued (if any);

e) Source for payment of root, bond interest;

g) The original payment method, bond interest;

h) For the conversion of the transfer bond method must have additional content on the condition, the bond conversion deadline, bond conversion rate to stock, conversion price, stock price volatility margin, and other commitment (if available);

i) For the option to issue a bond issue with the right to obtain additional content on the condition purchased by the copyright holders ' common stock, the number of shares purchased by each unit of certificate, price, and time of execution of stock purchase;

) The acquisition of the bond (if any) must specify the acquisition purpose, the total cost of the acquisition, the acquisition capital, which envisages the acquisition time, the other information is relevant;

l) Other commitments to the buyer of the bonds.

2. The bond release method must be approved by the Board of Directors, Member Council of the Credit Organization or General Manager (Director) of the foreign bank branch through. The option to issue conversion bonds, the bond with the rights of the credit organization must be passed by the General Assembly.

What? 22. File offers to issue bonds of fiscal year

1. The offer to issue bonds of the fiscal year.

2. The method of releasing the bonds of the fiscal year under regulation at Article 21 of this message.

3. The fiscal report of the adjacent year before the year of release is audits and the nearest quarterly financial report (a copy of a certificate). In the absence of an annual financial report of the prior year, the credit organization, the foreign bank branch, filed the financial statements as stipulated at paragraph 3 of this Article 20 and has the document to add to the following financial report. I mean, when you get the results,

4. Capital source planning and capital use of the financial year.

5. The rules and licenses for the credit organization issued the first bond, the license established for the foreign bank branch of the foreign bank branch of the first time (a copy of the certificate).

6. The regulatory capital increase from the source of the convertiable bond, the bond with the right to the right to the shareholders of the shareholders through which must have the content under the current regulation of the State Bank on the change of the organization's regulatory capital. credit (for the case of the issue of conversion bonds, the bond with the right to the right).

7. Other changes are related to the release of the bonds (if any).

8. Text-issued statement issued by the representative in accordance with the law of the credit organization, the foreign bank branch of the foreign bank. The representative in accordance with the law of the credit organization, the foreign bank branch may authorize the other to sign; the authorship text is set in accordance with the rule of law.

What? 23. The procedure approved the offer to issue bonds

1. The credit organization, the foreign bank branch that releases bonds (including conversion bonds, certificate of rights) sent directly or through the postal road 01 sets of records offer to issue bonds of the fiscal year to the State Bank. Water (Monetary Policy).

2. For the offer to issue bonds (not including conversion bonds, bond bonds), in the 30-day period of work since the date of receiving full, valid records, the State Bank has the opinion of responding in writing about the approval of the agreement. or do not accept the offer to issue bonds of the financial year of the credit organization, the foreign bank branch.

3. For the offer to issue conversion bonds, the bond with the right to the right, in the 45-day period of work since the date of receiving full, valid records, the State Bank has the opinion of responding in written consent of the approval or not accepting the offer. issued a convertiated bond, the bond that comes with the rights of the credit organization's fiscal year.

What? 24. The limits to the buyer of the convertiable bond, bond with copyright

When it comes to the transition period to stock or to the deadline to buy the stock, the buyer of the bond converts, the bond with the right to ensure the share of equity in the current regulation of the Law of Credit organizations and related legal documents. Yeah.

What? 25. The organization releases valuable paper

1. The credit organization, the foreign bank branch presiding over the holding of the vote, the vote, the deposit certificate under the regulation at Article 19 of this.

2. The credit organization, the foreign bank branch that organizes bond releases within the issue of the release plan of the fiscal year has been approved by the State Bank.

3. Slowly on the 10th of the first month of the first quarter of the next quarter immediately after the report, the credit organization, the foreign bank branch that reports the results of the results of the sale of the price paper, results in a written bond with the prescribed pattern at Appendix 01 and Appendix 02. It is accompanied by this information on the State Bank (Monetary Policy; Inspecship, Banking Authority) and the State Bank of the State Branch, the Central City of the Central Committee where the credit organization, the foreign bank branch is headquartered.

4. The case of a credit organization, the foreign bank branch approved by the State Bank to issue bonds but does not hold its release, the slog on 10 January next year, the credit organization, the foreign bank branch must report. State Bank (Monetary Policy; Ombudship).

Chapter III

CREDIT ORGANIZATION ' S RESPONSIBILITY.

FOREIGN BANKS, UNITS.

IT ' S A STATE BANK.

What? 26. The credit organization, the foreign bank branch

1. is responsible for the release of valuable paper, management, and usage of capital documents that are effective, for the right purpose, ensuring the safety of business operations by regulation at this Smart and relevant legislation.

2. Public publication of information about the release of the available paper; in charge of the accuracy, honesty of the information published.

3. Responsible for the accuracy, honesty, complete, full of document documents in the filing offer to issue bonds.

4. The original payment, the right and full interest for the buyer of the available paper.

5. The case of a conversion bond, the bond that comes with the right to foreign investors, when it comes to the deadline to convert to a stock or to the stock purchase deadline, the credit organization must meet the share sale conditions for foreign investors. according to the current law.

What? 27. State Bank units

1. Monetary Policy

a) Take over the filing of the financial year ' s bond issue, receiving a report that results in the sale of the credit card, the foreign bank branch.

b) Submit the profile of the regulatory capital increase from the source of the conversion bond, the bond with the right to the Ombudgetary Authority, which oversees the bank to present the Governor of the Bank of the State to consider the decision.

c) The Chair, in coordination with the relevant units considering the proposed bond issue of the fiscal year to the Governor of the Bank of the State of the State consider the decision.

2. The Inspector Agency, overseeing the bank

a) Provide for the Monetary Policy Case:

-Evaluate the acceptance of the safety guarantee of the credit organization, the foreign bank branch in accordance with the provisions of this Article 20.

-Business activity results according to the annual auditor's audits of the year adjacent to the year of the release and results of business activity to the nearest quarter of the credit organization, the foreign bank branch.

-Evaluation of the operational situation of the credit organization, the foreign bank branch through the inspection process, monitoring.

b) Consider the Governor of the State Bank to approve or do not approve the regulatory capital increase from the source of the conversion bond, the bond with the right to the right and to inform the outcome of the monetary policy.

c) Coordinated with the Consideration Monetary Policy and has a specific opinion on whether or not to approve the proposed issue of the credit organization, the foreign bank branch.

d) Inspector, judge, handle on the authority or petit the Governor of the Bank of the State to handle cases of violation of regulations at this level.

3. Foreign Exchange Management

Coordinate with the Monetary Policy review and have specific opinions on whether or not to approve the vote of the credit organization's bond, the foreign bank branch.

4. Financial Case-Accounting

Accounting for accounting accounting for the credit card issue of the credit organization, the foreign bank branch.

5. Release and Treasurer

Guidance for the credit organization, the foreign bank branch in terms of sample design and paper printing has the price to ensure high anti-counterfeits when the credit organization, the foreign bank branch required.

6. The State Bank of the provincial branch, the Central City of China in coordination with the Monetary Policy of the Monetary Policy, has a specific opinion on the distribution of convertiable bonds, the bond that comes with the credit organization's rights to the headquarters.

What? 28. Waste Processing

Organizations and individuals violate regulations at this level, depending on the nature and level of violations that will be processed under the rule of law.

Chapter IV

THE ORGANIZATION.

What? 29.

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

2. This message replaces the following text:

a) 07 /2008/QD-NHNN time 24 March 2008 by Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State

b) Digital 16 /2009/TT-NHNN August 11, 2009, of the Governor of the State Bank of State for the amendment, adds some of the provisions of the Statements of the issued paper in the country of the issued credit organization accompanied by Decision No. 07 /2008/QD-NHNN 24/3/2008 Governor of the State Bank;

c) Article 5 Digital 26 /2011/TT-NHNN August 31, 2011 on the implementation of the simplification of the procedure for the simplification of the currency action sector by the Government Resolve Decree to simplify the administrative procedure of the Bank of Vietnam's management function;

d) Text number 5647 /NHNN-CSTT on 29 May 2007 on the release of the valuable paper for investors as non-resident abroad.

3. Credit organizations, foreign bank branches that have been authorized by the State Bank for the release of long-term long-term documents before the time of this Investment have the enforced effect on the implementation of the State Bank ' s decision. For short-priced paper releases that have been held prior to this time of passage, the credit organization, the foreign bank branch continued until the end of the release.

What? 30.

Chief of the Office, the Chief of Monetary Policy Affairs and the Head of Units of the State Bank; Director of the State Bank of the State Branch of the Central City of China; Chairman of the Board, Chairman of the Board, General Manager (Monitor). A credit organization, the foreign bank branch responsible for hosting this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress