The Decree 219/2013/nd-Cp: Loan Management, Pay The Foreign Debt Of The Business Not Government Guarantees

Original Language Title: Nghị định 219/2013/NĐ-CP: Về quản lý vay, trả nợ nước ngoài của doanh nghiệp không được Chính phủ bảo lãnh

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The DECREE on the management of loans, repayment of foreign businesses do not guarantee Government _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law the State Bank of Vietnam on June 16, 2010;
Pursuant to the law on credit institutions 16 June 2010;
Pursuant to the law on public debt management, June 17, 2009;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on cooperatives, 11 20th, 2012;
Foreign Exchange Ordinance base of 28/2005/PL-UBTVQH11 on December 13, 2005;
Basing the Ordinance No. 06/2013/UBTVQH13 18 Mar 2013 amend and supplement some articles of the Ordinance on foreign exchange;
According to the proposal of the Governor of the State Bank of Vietnam;
The Government issued the Decree on the management of loans, repayment of foreign businesses do not guarantee Government, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the activity of the loan, the repayment of foreign businesses are not the Government guarantee and responsibility of the Agency in the management of lending activities, the foreign debt of the business are not Government guaranteed.
2. enterprises in the scope of this Decree (hereinafter referred to as the "borrower") include: a) the business is established and operated according to the regulations of the corporate law;
b) credit institutions, branches of foreign banks be established and operate according to the provisions of the law on credit institutions;
c) cooperatives, Cooperative Union was established and operates under the provisions of the law on cooperatives.
Article 2. Application object 1. The State Management Agency join active management loans, repayment of foreign enterprises are not guaranteed by the Government under the provisions of this Decree.
2. the borrower make foreign loans not guaranteed by the Government.
3. Organizations and individuals related to loan activities, foreign debt of the business are not Government guaranteed.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Foreign Loans the borrower receive credits from non-residents through the signing and implementation of the foreign loan agreements in the form of the loan contract, contract of purchase deferred sales the trust contract, loan, leasing contract or debt instruments issued by the borrower.
2. Foreign Loans not guaranteed by the Government (hereafter referred to as "foreign loans loan self, self pay") is the borrower made foreign borrowing according to the ritual of the loan, with repayments responsible parties for foreign loans.
3. Foreign Debt under the loan, paid self method (hereafter referred to as "foreign debt loan self, self pay") as the account is refunded, including account of principal and interest arising from the foreign loan borrowing self, self pay of borrower under the provisions of the law of Vietnam.
4. foreign borrowing limits loan self, self charged due to the Prime Minister for approval every year is the level of the ceiling of the amount of net borrowing (loan amount actually received excluding the original debt) in the year of the foreign loan borrowing self, self charged middle, long term.
5. Credit institutions are allowed to be credit institutions, branches of foreign banks in Vietnam are doing business and provision of services in accordance with the foreign exchange law.
Article 4. Management principles 1. Foreign loan management government loan, paid themselves within the framework of managing the country's foreign debt, guarantee safety in debt limits are approved by the authority, financial security assurance and national balance of macro-economy.
2. the borrower when making loans, repayment of foreign countries must comply with the conditions of the loan, the repayment of foreign countries; make loan registration, open and use your account, funds and transfer the money to pay the debt, reported the implementation of the loan under the provisions of the State Bank of Vietnam. The State Bank of Vietnam confirmed sign up loans in foreign commercial borrowing limit due to the Prime Minister for approval every year.
The foreign loan borrowing self, self pay of the business in the form of international bonds, other debt instruments issued for non-residents must comply with the provisions of this Decree, the provisions of the law on international bond issuance, foreign exchange management and the provisions of relevant laws.
3. The foreign loan borrowing self, self pay deferred import form must match the foreign exchange management policy, trade policy and the provisions of relevant laws.
4. Borrower responsible before the law about the signing and implementation of the foreign loan contract loan self, self pay. The Government is not responsible for the implementation of the loan, the repayment of the loan itself, foreign expenses of the borrower.
5. loan administration policies, foreign debt, the borrower must pay themselves in collaboration with credit management policy in the country to ensure that the objective of monetary policy, foreign exchange management policy in each period.
6. where necessary, in order to ensure financial security, national currency and maintain the safety norms of the debt, the Prime Minister decided to adopt suitable measures to manage the loan, the repayment of the loan itself, foreign expenses.
Article 5. Content management activity state loans, repayment of the loan itself, foreign expenses 1. Building, and organizing the legal documents on management of the loan, the repayment of the loan itself, foreign expenses.
2. Monitoring the cash flows related to loans, repayment of the loan, paid themselves overseas serving the general balance of international payments, operating monetary policy and foreign exchange management.
3. General information about the report, foreign loans loan self, self pay.
4. Advocacy, policy, common law on the management of foreign loans auto loans, auto pay.
5. Inspection, testing, monitoring the observance of the law on the management of foreign loans auto loans, auto pay.
6. Training Organization, improving management of foreign loans the loan yourself, self pay.
7. Handling of violations, complaints, accusations in the implementation of the provisions of the law on the management of foreign loans auto loans, auto pay.
Chapter II SPECIFIC PROVISIONS article 6. The forecast level of foreign borrowing, lending itself to pay annual net 1. The basis of the forecast level of foreign borrowing, lending itself to pay a yearly net) debt safety norms in planning socio-economic development of five years was approved by the Parliament;
b) medium-term debt management program for the three year period of adjacent was the Prime Minister for approval;
c) predictions about the macro-economic spending in the plan;
d) forecasts Vietnam's balance of payments in the plan;
DD) forecasts foreign borrowing needs of the business, credit institutions, branches of foreign banks in each period when necessary.
2. State Bank of Vietnam presided, in cooperation with the Ministry of finance, the Ministry of planning and investment of the foreign loan level forecasting loan self, self charged on the basis of net provisions in paragraph 1 of this article. Where necessary, the State Bank of Vietnam in collaboration with the Ministry of finance, the Ministry of planning and investment and other related agencies to make reviewing the needs of foreign loans of the borrower to forecast the level of foreign loans, loans of net pay in order to plan.
3. At the latest until 31 January of every year, the State Bank of Vietnam sent the Ministry of finance predicts foreign loan rates loan self, self charged to net finance construction loan limit aggregate foreign trade of the country.
Article 7. The track made foreign borrowing limits loan self, self pay 1. The State Bank of Vietnam made total tracking new loan signing, the withdrawal of capital and repayment of foreign loans, loans, pay yourself the long term; build the solution to manage the foreign loan borrowing self, self charged to ensure that the total amount of net borrowing in the year of the foreign loan borrowing self, self charged middle, long-term foreign borrowing limit lies in the self loan, paid by the Prime Minister for approval.
2. in case the needs of the economy should increase the volume of financing foreign borrowing limit beyond doing the self loan, paid during the year has been approved by the Prime Minister, the Ministry of finance, in cooperation with the State Bank of Vietnam, the Ministry of planning and investment to calculate the Prime decision.
Article 8. The authority of the Prime Minister 1. Approved foreign loan limits loan self, self charged annually in the framework of the loan limit, the country's foreign trade.
2. Approval of the implementation of the appropriate measures to manage the foreign loan borrowing self, self charged in case necessary to ensure that the safety standards of the country's external debt.
3. Directing the inspection, checking the use of foreign loans of State-owned enterprises.
4. Determine the collaboration in the management of the foreign loan borrowing self, self charged in case of need.
Article 9. The responsibility of the State Bank of Vietnam 1. Hosted, in cooperation with the Ministry of finance, the Ministry of planning and investment of the foreign loan level forecasting loan self, self pay, long-term net every year according to the provisions of article 6 of this Decree.
2. Hosted, in cooperation with the Ministry of finance, the Ministry of planning and investment and the relevant agencies to build foreign loan terms loan, paid himself short, medium, long term in each period.
3. Guide the procedure, the Organization made the sign, sign change, withdraw or terminate the validity of registration certificate of foreign loans of the borrower under the loan as a method of self, self pay.
4. Hosted, in cooperation with the Ministry of finance, the Ministry of planning and investment and the other agencies involved in construction, the Prime Minister's approval and launch measures to manage the foreign loan borrowing self, self pay consistent with the goals of management in each period.
5. Monitoring the implementation of the foreign borrowing limit auto loans, auto pay.
6. In collaboration with the Ministry of Finance building process of collecting, reporting, General, share and publish information on the country's external debt.
7. Synthesis of the implementation of the loan, the repayment of the loan itself, foreign expenses every year of business, credit institutions, branches of foreign banks, the Prime Minister's report, the Ministry of finance to the general situation of the loan, the repayment of foreign countries annually.
8. the implementation content about governance for loan operations, foreign debt, lending itself to pay according to the provisions of article 5 of this Decree.
Article 10. The responsibility of the Ministry of finance

1. Hosted, in cooperation with the State Bank of Vietnam, the Ministry of planning and investment in construction, the Prime Minister approved the loan limit on foreign trade of the country including foreign trade loans limit loan self, self pay.
2. Presiding over the building process the collection, synthesis report, share, and publish information on the country's external debt.
3. Perform the advised the Government, from the Prime Minister about the foreign loan borrowing self, self pay of corporations, the State Corporation when necessary at the request of the Government, the Prime Minister in each period.
4. Coordinate with the State Bank of Vietnam forecasted foreign loan rates loan self, self in net pay plan.
5. In coordination with the State Bank of Vietnam to build, organize, implement measures to manage the loan, the repayment of the loan itself, foreign expenses.
6. Perform other duties related to the operation of the loan, the repayment of foreign State-owned enterprises in accordance with the law.
Article 6. The forecast level of foreign borrowing, lending itself to pay annual net 1. In coordination with the State Bank of Vietnam forecasted foreign loan rates loan self, self in net pay plan.
2. In coordination with the State Bank of Vietnam to build, organize, implement measures to manage the loan, the repayment of the loan itself, foreign expenses.
3. Hosted, in cooperation with the governing body about foreign direct investment do scrutinize foreign loan demand loan self, self pay of business for foreign direct investment in case of need.
Article 12. Responsible for coordination of the Agency represented the State capital owners 1. Approval of the loan itself, foreign lenders charged middle, long-term State enterprise's jurisdiction under the provisions of the relevant laws before the loan agreement signing business abroad.
2. Make the foreign loan management loan self, self pay of State enterprises under the authority.
3. In coordination with the State Bank of Vietnam to implement measures to manage the foreign loan borrowing self, self pay.
Article 13. Borrower's rights 1. The decision to form foreign lenders consistent with demand, the purpose of use on the basis of compliance with the provisions of the relevant laws.
2. Choosing credit institutions are allowed to make foreign loans under the provisions of the law.
3. The proposal to open foreign currency account abroad to receive the loan, made commitments under the agreement with the foreign lender pursuant to the State Bank.
4. Purchase of foreign currency at the credit institutions are allowed when making foreign debt obligation under commitment, agreement in the loan agreement.
Article 14. Borrower's responsibilities 1. Using foreign loans for your purposes, consistent with the scope of the activities of the borrower and comply with the provisions of the law.
2. Responsibility for legal capacity, financial capacity, the ability to make loans of foreign lender.
3. Responsible in the signing and implementation of the foreign loan agreements and other related agreements. Not signed the agreement with the rules of the law of Vietnam.
4. the responsibility to repay the loan, paid themselves overseas and bear all risk when making foreign lenders loan self, self pay.
5. Compliance with the provisions of the State Bank of Vietnam about the conditions of the loan, the repayment of foreign countries; perform the registration, register the change of foreign loans; open and use your account, funds and transfer the money to repay foreign loans.
6. Comply with the provisions of this Decree, the regulations on Foreign Exchange Management, the other provisions of the law of Vietnam and relevant international practices in the operation of the loan, the repayment of the loan itself, foreign expenses.
7. Compliance with the reporting regime under the provisions of the law on the loan, the repayment of the loan itself, foreign expenses.
8. Take responsibility for the accuracy and of the records, documents and vouchers present for credit institutions are allowed to, credit institutions abroad (cases are allowed to open and use foreign currency account abroad) when performing a transaction involving foreign loans.
9. Implementation of the requirements of the competent authority in the course of the inspection, testing, monitoring of loan activity, to pay the foreign debt under the provisions of the law.
Article 15. Inspection, testing, monitoring 1. The State Bank of Vietnam to check, monitor: a foreign loan borrowing self), paid by the credit institutions, branches of foreign banks.
b) The transfer of funds related to the operation of the loan, the repayment of the loan itself, foreign expenses of the borrower.
c) for compliance with the laws on foreign debt, loans and foreign exchange management of the borrower in the loan, the repayment of the loan itself, foreign expenses.
d) supplying foreign exchange services of credit institutions are allowed to borrow, repay the loan itself, foreign expenses.
2. The Ministry of finance, in cooperation with relevant implementing agencies to examine, supervise the foreign loan borrowing self, self pay economic Corporation, the Corporation is not a State credit institutions.
3. Ministry of planning and investment to host, in cooperation with the authorities on investment and related agencies make check, supervise the foreign loan borrowing self, self pay of business for foreign direct investment are not credit institutions and branches of foreign banks.
4. State Bank of Vietnam presided, in cooperation with the Ministry of finance, the Ministry of planning and investment and related agencies perform inspections for compliance with regulations on Foreign Exchange Management for foreign loan operations loan self, self charged under the provisions of the current law on the Ombudsman.
5. where necessary, the Prime Minister decided to organise the inspection, check the operation of foreign loans, the use of foreign loans of the borrower, loan self, self pay.
Article 16. Report mode 1. Borrower must make periodic report mode or irregular situation to withdraw capital, repayment of the loan yourself, self foreign charged under provisions of the State Bank of Vietnam.
2. Credit institutions are allowed to have the responsibility of implementing the reporting regime under the provisions of the State Bank of Vietnam.
3. Every year, the State Bank of Vietnam presided, in coordination with the bodies concerned implement General Government reports on the situation of the loan and repay the loan itself, foreign expenses of enterprises, credit institutions and branches of foreign banks in Vietnam.
Article 17. Handle violation of organization, individuals violating the provisions of this Decree, depending on the nature and extent of the violation will be dealt administrative infringement or prejudice criminal liability under the law.
Chapter III the TERMS of the IMPLEMENTATION of Article 18. Effect 1. The Decree has effect from the date of Feb. 15, 2014.
2. Abolition of Decree No. 135/2005/ND-CP dated 11 November 2005 the Government enacted regulations, foreign debt and section 4 of chapter III of Decree No. 160/2006/ND-CP on December 28, 2006 detailing the Government's enforcement of the Ordinance on foreign exchange.
Article 19. Responsibility 1. The State Bank of Vietnam, the Ministry of finance, the Ministry of planning and investment, the Agency represented the State capital ownership, the investment agency, the Agency for business registration according to the functions, duties and powers of this Decree to guide implementation.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the city of centrally responsible for organizing this Decree enforcement./.

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