IT ' S SMART

Oh. It ' s about foreign exchange management.

Business is not allowed. - The government says Oh.

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Vietnam State Bank Law Base Stain. 46 /2010/QH12 June 16, 2010;

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

The Foreign Command. Stain. I'm Stain. 28 /2005/PL-UBTVQH11 December 13, 2005;

Base of Protocol 90 /2011/ND-CP October 14, 2011 Government v Okay. Pilot left. What? Business.

Base of Decree Stain. 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, the mandate, the powers and the organizational structure of the State Bank of Vietnam;

On the recommendation of the Secretary of State for Foreign Affairs. Stain. i ()

The Governor of the State Bank of Vietnam issued guidance on v. Okay. Manager Stain. I'm Stain. i with the release of the international bond of the business not covered by the Government Oh,

Vassa Uh ... - I

GENERAL REGULATION

What? 1. Range of adjustment and treatment Apply

1. This information specifies the appraisal of the international bond issue of the commercial bank as the state enterprise, confirming the quota of international bonds, confirming registration, confirming registration changes in international bonds issued by the United States. of the business is not open by the Government to open and use foreign currency accounts to carry out the release of international bonds.

2. The applicable subject of this Smart is the organizations, individuals who are involved in the release of international bonds that are not covered by the Government.

What? 2. Explain the word

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

1. International bonds are corporate bonds issued on the international financial market.

2. The business includes equity firms and limited liability companies under the provisions of the Enterprise Law and credit organizations under the provisions of the Law of Credit organizations.

3. The credit organization, the foreign bank branch is permitted to be credit organizations, the foreign bank branch in Vietnam which is operated in business, offering foreign exchange services under the regulation of Vietnamese law.

4. Commercial banking is a state-owned enterprise (later known as state trade bank) as a commercial bank that is established and operates under the Law of Credit organizations, owned by the State of over 50% of the charter capital.

5. The release is a long-term, long-term foreign loan in the form of an international bond issued by the government not covered by the Government.

6. Confirmate the release of the release was the State Bank of Vietnam (later known as the "State Bank") confirmation by the written price-issued document that is within the country ' s foreign trade loan limit approved by the Prime Minister of Vietnam. Five.

7. Subscription of the release is the business implementation of registering with the Foreign Loan State Bank in the form of international bond release.

8. Confirification of the release of the issued statement is that the State Bank confirmed by the business document that carried out the registration of the issued release in this Information.

9. Confirification of the registration change registration is that the State Bank confirmed by the business text that made the registration change of the release when there was a change to the content that was confirmed by the State Bank at the confirmation text published by the State Bank. It's a release.

10. Foreign loan financing and foreign debt is a foreign currency account held by an open business (01) credit organization, foreign bank branch is allowed to make a release.

11. The loan representative is the organization that represents foreign landowners in terms of rights, obligations, and responsibilities that carry out content related to the bonds issued by the business.

What? 3. The responsibility of the business to issue international bonds

1. Compact on the regulations on the issue of release, the construction of the release method, the authorship of the authority to approve the release method, the organization to release and implement the content related to the issuing of the bonds under the Government ' s prescribed bonds. issued international bonds, the provisions of the law on securities, foreign exchange management, other provisions of the existing law and in accordance with international law on the implementation of international bonds.

3. The responsibility for the effective use of capital from the release in accordance with the purpose of the international bond release method has been approved under the rule of law.

4. Open and use the loan account and pay foreign debt at one (01) credit organization, the foreign bank branch is allowed to make the release. The business was only withdrawn from international bond issued to use for the purposes of being approved at the release after being registered by the State Bank. The case needs to open foreign currency accounts for the implementation of the release, the business is responsible for adhering to the regulations of the law concerned with the opening and use of foreign currency accounts for the resident as the economic organization.

5. The credit organization releases international bonds of exchange or bond international bonds with the right to comply with the existing regulations of the law on the state of foreign investors buying shares of the Vietnamese credit organization and other regulations of the United Nations. The law is relevant.

6. Enterprise (not a credit organization) releases an international bond that transfers or bonds of international bonds with a right to comply with the provisions of the existing law on securities, investment; ensuring regulation of the investor ' s holding rate. Foreign policy, reporting, information, and other provisions of the law are relevant.

What? 4. Foreign rights

The business is entitled to buy foreign currency at the credit organization, the foreign bank branch is allowed to pay the original debt, the bond of the bonds and the fees associated with the release on the basis of the certification, the text proving the need. payment under the provisions of the credit organization, the foreign bank branch is allowed to conform to the current regulation of foreign exchange management.

What? 5. Process validation procedure, the release of the release method, post k What? International bond issue.

1. For the state trade bank:

a) After the construction and approval of the international bond release method that meets the regulation at Article 24 of the Protocol 90 /2011/ND-CP October 14, 2011 by the Government on the release of corporate bonds (later known as Decree) 90 /2011/ND-CP), The state trade bank sent by the State Bank (Foreign Office of Foreign Affairs) recommended that the confirmation of international bond issue by regulation at Chapter III of this information;

b) Following the confirmation of the release of the issue, the state trade bank sent the State Bank (Agency for Ombudage, bank oversight) the case recommended for the appraisal of international bonds by regulation at this Chapter II.

c) After being approved by the Prime Minister to issue an international bond issue, the state trade bank sent the State Bank (Foreign Office of Foreign Affairs) to confirm the registration of the issued issued in Chapter IV.

2. For the state business is not a state commercial bank:

a) After the construction and approval of the international bond release method that meets the regulation at Article 24 of the Protocol 90 /2011/ND-CP, The business sends the State Bank (Foreign Office of Foreign Affairs) to determine the limits of international bonds by regulation at Chapter III;

b) After being approved by the Prime Minister for the release of international bonds, the state enterprise sends the State Bank (Foreign Office of Foreign Affairs) to confirm the registration of the issued issued issued in Chapter IV.

3. For the other business:

a) After the construction and approval of the international bond release method that meets the regulation at Article 24 of the Protocol 90 /2011/ND-CP, The business sends the State Bank (Foreign Office of Foreign Affairs) to determine the limits of international bonds by regulation at Chapter III;

b) The business sends the State Bank (Foreign Office of the Foreign Office) to confirm the registration of the issued issued in Chapter IV.

Chapter II

THE PROCEDURE OF APPRAISAL OF THE INTERNATIONAL BOND ISSUE OF THE STATE TRADE BANK

What? 6. Judge of the international bond issue of the state trade bank

The State Bank appraisal of the international bond issue of the state trade bank, the Prime Minister considers, approv.

What? 7. The time of the offer of appraisal of bond release International

After being told by the State Bank (the Foreign Office Management) to determine the level of international bond release, the state trade bank sent directly or across the postal route to the State Bank (Bank of the Bank overseeing the bank) one (01) the proposed filing. State Bank of State appraisal of international bond issue and the Prime Minister considers the approval.

What? 8. The profile recommended that the international bond issue be released.

The profile recommended that the international bond release method include:

1. The text of the State Bank recommended that the method of release of international bonds.

2. The copy of the international bond release method has been granted jurisdiction over the regulation at paragraph 3 Article 24 of the decree. 90 /2011/ND-CP

3. The text copy approx the international bond release method of the prescribed jurisdiction at paragraph 3 Article 24 of the Protocol. 90 /2011/NĐ-CP.

4. A copy of the state trade bank auditor's auditor in three (03) years in a row adjacent to the year of release.

5. The report by the state trade bank on the response of safety assurance rates and regulatory restrictions at Article 128, Article 129 and Article 130 Law of Digital Credit Organizations in the United States. 47 /2010/QH12 June 16, 2010 and the manual documents of the State Bank at the time closest to the time of the proposed State Bank of the State Convention on the release of international bonds; the impact of the release and the use of capital from the source of the left-issued capital. vote for the response of safety guarantees and the upper limits of the state trade bank.

6. Report, evaluate the number of prescribed confidence at the Point of Point) Clause 1 Article 23 Decree 90 /2011/NĐ-CP.

7. Report on ensuring foreign involvement rates in the state trade bank by regulation at Point b) Clause 2 Article 23 Decree of $23 Billion. 90 /2011/ND-CP (applies to the state trade bank that releases international bonds of conversion or international bonds accompanied by a certificate of rights).

What? 9. Instant execution, Player Yeah. The government considers, approp. The international bond issue.

1. During the year (05) days of work since the date of receiving the State Bank record check the full and valid calculation of the case. The case case is incomplete, not valid or in the case of necessity, the State Bank has a written request for the state trade bank to modify, add the profile.

2. During the thirty (30) days from the date of receiving full, valid records, the State Bank has a written opinion on the outcome of the appraisal of international bonds.

a) The case of the international bond issue of the state trade bank meets the principles and conditions that issue international bonds by regulation at the United Nations General Assembly. 90 /2011/ND-CP, Regulations at this Notice and other provisions of the relevant legislation, the State Bank sent the state trade bank to inform the Prime Minister ' s presentation, approved the international bond release of the bank. State trade.

b) The case of the international bond issue of the state trade bank has not met the principles and conditions that issue international bonds under the regulation at the European Parliament ' s Decree. 90 /2011/ND-CP, Regulations at this level and other provisions of the relevant legislation, the State Bank has written notice.

Chapter III

CONFIRM INTERNATIONAL BOND RELEASE

What? 10. Sister. Proposition:

1. For the business is the state trade bank, the filing of the offer that confirms the release limit includes:

a) The petition proposes a limit of international bond release (according to Appendix 01 accompanied by this Information);

b) The copy of international bonds issued by international bonds has been granted jurisdiction under regulation at paragraph 3 Article 24 of the Decree. 90 /2011/NĐ-CP;

c) The text copy approx the international bond release method of the prescribed jurisdiction at paragraph 3 Article 24 of the Decree Protocol. 90 /2011/NĐ-CP;

2. For the business that is not a state commercial bank, the profile offers to confirm a limit of:

a) The petition proposes a limit of international bond release (according to Appendix 01 accompanied by this Information);

b) The legal profile of the business includes: The copy is corroborated from the license itself of the Enterprise establishment or the Enterprise Registration Certificate or the Certificate of Investment in accordance with the provisions of the law and the amendments (if any);

c) The copy of international bonds issued by international bonds has been granted jurisdiction under regulation at paragraph 3 Article 24 of the Protocol. 90 /2011/NĐ-CP;

d) The copy of the text approx the international bond release method of the competent authority in accordance with Article 3 Article 24 of the Decree. 90 /2011/NĐ-CP;

The copy is corroborated from the official text of the authorship approved by the current regulation of the law on the programs, the investment project of the business; plans to increase the scale of the capital; the restructuring of the business of the business. It ' s made of international law enforcement.

e) Copy that the auditor's audits audits in three (03) years in a row adjacent to the year of release;

g) Report, evaluate the credit factor in accordance with the Point of Point Regulation) Clause 1 Article 23 Decree 90 /2011/ND-CP October 14, 2011;

h) The report on the content related to the provision of the regulation on ensuring foreign involvement rates in the business as specified at the Point 2 Article 2 Article 23 Protocol 90 /2011/ND-CP (applicable to the business issue of international bonds of conversion or international bonds accompanied by human rights certificate);

i) Report on the response of safety assurance rates and regulatory restrictions at Article 128, Article 129 and Article 130 Law of Digital Credit Organizations (S). 47 /2010/QH12 June 16, 2010 and the manual documents of the State Bank at the time of the suggestion of confirming the issue of the release (applicable to the business being a credit organization);

) The report on the content involved in meeting the requirements for capital safety rates and other restrictions on safety assurance in operation to business professions has regulatory conditions in specialized law (applicable to business). It's not a credit organization.

What? 11. The execution sequence specifies the release level

1. The business sends directly or through the postal route to the State Bank (Foreign Exchange Management) one (01) the prescribed set of records at this Article 10.

2. In the time of ten (10) days from the date of receiving the full record, the validity of the business, the State Bank sent the text business confirming the release limit. The case refused to confirm the issue of the release, the State Bank had the text stating the reason.

Chapter IV

REGISTER RELEASE

What? 12. Record registration records

1. The application register of international bonds issued (according to Appendix 02).

2. The copy is attested from the official text announcing the appraisal of the competent authority under the rule of law on the method of issuing the international bond of the business (applicable to state enterprises).

3. The copy is corroborated from the Prime Minister ' s policy of approval for the international bond release (applicable to state business).

4. The copy is corroborated from the official statement issued by the State Securities Commission (applicable to the business being the public company issuing conversion bonds or bonds attached to the copyright).

5. The foreign language copy and the Vietnamese translation (have the validation of the business) to:

a) Contract for release or contract purchase contract;

b) The contract stipulated on the organization is to represent the loan (if any);

c) The rational agreement depends on the structure of the release;

d) Deal with the issue.

6. Foreign copies of the foreign language and translations of the Vietnamese language (have confirmation of the business) other contracts or agreements (if any) that the business signs with the foreign side that is binding the obligation to involve the release of the business.

What? 13. Instal execution of the release

1. After the selection of warranty organizations issued, legal agents and advice, the business sent directly or through the postal route to the State Bank (Foreign Exchange Management) one (01) the prescribed set of filings at Article 12 of this Information to register the payment of the payment. published.

For the specified documents at Clause 5 and Article 6 of this Article 12, the business sent the last draft draft stipulated to detail the relevant conditions of the bonds.

2. During the ten (10) days of work since the full day of receiving the registration record of the business, the State Bank examined the full calculation, the validity of the filing. Where to clarify, add or edit relevant content, the State Bank has a written request for the business to complete the release of the release register.

3. When carrying out the release, the business is fining the filing of the bond issue with the following documents:

a) Release of the release (according to Annex 2 attached to this message);

b) Foreign-language copy and Vietnamese translation (validation of the business) of the specified documents at paragraph 5 and paragraph 6 Article 12 This message.

What? 14. Time of confirmation of the release of the release

1. The State Bank considers, confirming the registration of the international bond issued in the term of two (02) working days since the date of receiving enough records with the following cases:

a) The contracts, the official signing agreement in accordance with the last draft sent the State Bank by regulation at Clause 1 Article 13 of this.

b) The contracts, the official signing agreement with other content with the last time draft sent the State Bank by regulation at Clause 1 Article 13, the content of the contracts, the official signing agreement guarantees no contrary to the rule of law. Vietnam. In this case, the business sent the State Bank of the State Office to clear the relevant content.

2. The case does not meet the regulation at paragraph 1 This Article, in two (02) working days since the filing date, the State Bank has a written request for an additional business, editing the registration registration records.

Go. Okay. 15. Copy of the release registration statement text

The State Bank sent text confirming the registration of the business ' s release to the Ministry of Finance (the Department of Debt Management and Foreign Finance, the State Securities Commission) to co-ordinate tracking and management of the operation, paying the debt of the business through it. The form of international bonds.

Chapter V.

REGISTER TO CHANGE THE RELEASE

What? 16. Register changes the release

The case of births varies compared to the content at the confirmation text registration statement, before the implementation of the change content, the business is responsible for registration changes with the State Bank in the thirty (30) days since the date of the signing date. the changing agreement or the date the stakeholders announced the implementation of the bond rights to the stock.

What? 17. Registration Profile changes the release

1. The registration profile changes the release included:

a) The application changes the release of the international bond (according to Appendix 03);

b) The foreign language copy and the Vietnamese translation (have the validation of the business) the changed agreements signed;

c) The text announces the implementation of the bond conversion to the stock (applicable to the business issue of the international bond of conversion);

d) The official text copy of the grant granted authority to approve the business ' s international bond release method for the content to change the international bond issue.

2. The case of change content has been granted authority to approve the principle of issuing consent in principle when approving the release or content of changes in accordance with the rule of law that is not forced to legally conclude in between. the parties, the registration records change the release include:

a) The documents stated at the point of a, c.

b) The text of the solution business is clear about the content that changes the release.

What? 18. The execution of the alternate registration confirmation socket The release.

1. The business sends directly or through the postal route to the State Bank (Foreign Exchange Management) one (01) the prescribed set of records at Article 17 of this. In the maximum period of fifteen (15) days of work since the date of receiving a fully and valid change of registration records, the State Bank has a consent text or refuses to confirm the registration of the release change. In the case of rejection, the State Bank has a written notice.

2. The case needs more information to have enough validation base or refuse to confirm the registration of the release change, the State Bank has a document requiring the business to replenel the document, the information needed in the ten (10) days of work since the date. It's a business record.

Chapter VI

CREDIT ORGANIZATION ' S RESPONSIBILITY.

FOREIGN BANKS ARE ALLOWED

What? 19. Credit organization, ch. i Foreign banks are allowed

1. Open the loan account and pay off the foreign debt at the suggestion of the business issue of international bonds.

2. Make the receiving of proceeds from the release; transfer payment of the bond issue and transfer of the original payment, the corporate bond interest rate on the basis of the State Bank ' s written basis confirming the registration, registration changes, and registration. published (if any), agreements or business contracts signed with the parties involved in the release of the international bond issued by the business.

3. Make the inspection, the reference of the relevant documents, ensure the correct implementation of the transactions of the registered release, registration changes with the State Bank and in accordance with the rule of law.

4. Statistics the capital withdrawal transaction, repayment of the birth and balance of the loan through the release of the international bond of the business, carrying out the State Bank ' s report by regulation in this Information.

5. Guidelines for businesses to take on the right of existing loans on loan, foreign debt, foreign exchange management for foreign borrowing through the form of international bond releases, promptly reported the State Bank in case of discovery, the report said. a sign of violation of the existing rules of the relevant law.

Chapter VII.

REQUEST FOR REPORT, TEST WORK, BREACH PROCESSING.

What? 20. Stain. i with the business of releasing international bonds

1. Slowly after fifteen (15) days from the date of the completion of the release and the sale of the bond, the business sends the State Bank, the State Bank branch of the provincial branch, the city where the business-based business reports its results.

2. The quarterly, annual, business is responsible for reporting the Provincial Bank branch of the provincial branch, the city where the business is headquartered, why sending the State Bank of the situation to make an international bond issue (according to Appendix 04 attached). This is private. The report deadline is as follows:

a) For the quarterly report: the first 10 of the first month in the next quarter;

b) For the annual report: the slog of January 31 of the next year.

3. The annual, slothyear, dated January 31, the business that released international bonds is the state trade bank responsible for sending the State Bank to report the original payment situation, bond interest, and the capital use of capital from the left release. Last year's vote.

4. Slowly after fifteen (15) days from the date to the full payment of the entire root, bond interest, the business to the State Bank, why send the Bank of the State Branch State, the city where the business is headquartered in reporting on the payment situation. the original, the bond interest and the situation using capital from the international bond issue.

5. The case of international bond-conversion or international bond accompanying the certificate, within ten (10) days from the date of the completion of the bond conversion to stock or the exercise date of the right to purchase shares of the bond holders. attached to the certificate, the business released the State Bank report by regulation at paragraph 3 Article 32 Decree. 90 /2011/NĐ-CP.

6. The case of a sudden, the business of releasing international bonds made the report at the request of the State Bank.

What? 21. The report regime for credit organization, foreign bank branch is allowed to do so.

1. A monthly, annual, credit organization, foreign bank branch is allowed where the business opens the account to make a responsibility of reporting the responsibility of reporting the State Bank of the State to implement its international bond release. enterprise (according to Appendix 05). The report deadline is as follows:

a) For the monthly report: the month of the tenth of the next month;

b) For the annual report: the slog of January 31 of the next year.

2. The case of a break-in, credit organization, foreign bank branch is allowed to carry out the report at the request of the State Bank.

Chapter VIII

THE ORGANIZATION.

What? 22. Function, mission and coordination mechanism between units of the State Bank and the United States.

1. Inspector of the Bank, oversees the bank

a) As the head of an opinion aggregation of related units of the State Bank of the State Bank of State of the State Bank approx the appraisal of the international bond issue of the state trade bank;

b) Notice the appraisal of the Bank of State for the release of the state trade bank;

c) The Governor of the Office of the Prime Minister considers, approx, or refuses to approve the international bond issue of the state trade bank;

d) Implemonation, inspection and disposal of the use of capital from international bond release and compliance with the provisions of the law concerned with the implementation of the international bond issue of the state trade bank.

) Execute inspection, inspection, and breach of violation of foreign exchange management regulations on activities related to the release of the international bond of the business according to the provisions of this Information.

2. Foreign Exchange Management

a) The implementation of the international bond issue of the business;

b) Coordinated with the Ombudgt Agency, which oversees the bank in consultation with the opinion on the international bond issue of the state trade bank;

c) Confirification of registration, registration changes the international bond issue of the business;

d) Total plans to release the international bond of the business to coordinate with the Ministry of Finance that builds the nation ' s annual trade loan loan;

The sum of the original debt, the international bond interest, to track the business of borrowing foreign debt.

What? 23.

1. This message is in effect from 1 September 2013.

2. This information replaces the 19 /2011/TT-NHNN August 24, 2011 of the State Bank's Guide to Foreign Exchange Management for the release of the international bond of the business is not covered by the Government.

3. Repeal the following regulations of Private Information 18 /2011/TT-NHNN August 23, 2011 of the State Bank guidelines on foreign exchange management for the borrowing of middle, long-term foreign banks of commercial banks: paragraph 4 Article 3; paragraph 3 Article 4; regulations on international bond issue at the expense of the Bank. 4 Articles 2, paragraph 6 Article 2, paragraph 1 Article 4 Article 6 Article 12, point b 1 Article 13, point c 1 Article 13, point a 2 Article 13, point a 3 Article 13, point a 4 Article 13, point a paragraph 4 Article 13.

What? 24. Terms of execution

Chief of Staff, Chief Inspector of the Bank, the Head of State Bank of the State Bank, Director of the Bank of the State Branch of the Province, the Central City of the Central Committee; General Manager (Director) of the credit organization, foreign bank branch Granted; Board of Directors, Council of Membership, General Manager (Director) of enterprises to issue international bonds within its functional range responsible for this practice.