Decision No. 1432/2001/QD-NHNN supplements and amends certain contents in Circular No. 03/1999/TT-NHNN guiding foreign borrowing and repayment by enterprises. This Decision stipulates the registration period, procedures for changing loan content, authority to confirm, and information to be provided to the State Bank.
적용 범위
Enterprise
핵심 사항
- Enterprise → must register foreign borrowing and repayment with the State Bank within thirty days from the date of signing the foreign loan contract and before implementing the capital withdrawal.
- Enterprise → must register changes to the loan content according to the prescribed period within thirty days from the date of signing the change agreement or the date the change takes effect.
- Branches of the State Bank in provinces and centrally governed cities → examine and confirm foreign borrowing and repayment registration for non-State-owned enterprises with a loan amount up to ten million US dollars (or equivalent foreign currency).
- Enterprise → provide registration change files including the registration form, copies and translations of the change agreement, and approval documents from the guarantor.
- Branches of the State Bank in provinces and centrally governed cities → send information on confirmed registrations and loan change registrations to the State Bank (Department of Foreign Exchange Management) on the same day.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing administrative burden for enterprises through clear stipulations on deadlines and required information.
- Negative impact: Increasing time and effort costs for enterprises during the process of registering foreign borrowing and repayment.
❓ 자주 묻는 질문
What must an enterprise do when borrowing money from abroad?
Enterprise must register foreign borrowing and repayment with the State Bank within thirty days from the date of signing the foreign loan contract and before implementing the capital withdrawal.
What is the deadline for enterprises to register changes to loan content?
Enterprise must register changes to loan content within thirty days from the date of signing the change agreement or the date the change takes effect.
Who confirms the registration of foreign borrowing and repayment for enterprises?
Branches of the State Bank in provinces and centrally governed cities examine and confirm the registration of foreign borrowing and repayment for enterprises.
What documents must enterprises provide when changing loan content?
Enterprises must provide the registration form, copies and translations of the change agreement, and approval documents from the guarantor.
What responsibilities do branches of the State Bank have when confirming foreign borrowing and repayment registration?
Branches of the State Bank in provinces and centrally governed cities must send information on confirmed registrations and loan change registrations to the State Bank (Department of Foreign Exchange Management) on the same day.
전문
Pursuant to …;
Regarding the supplementation and amendment of certain contents at
Circular No. 03/1999/TT-NHNN7 dated August 12, 1999
guiding foreign borrowing and repayment by enterprises
_______________________
GOVERNOR OF THE STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997;
Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
Pursuant to Decree No. 90/1998/NĐ-CP dated November 7, 1998 of the Government promulgating the Regulations on Borrowing and Repaying Foreign Debts;
At the proposal of the Head of the Foreign Exchange Management Department,
DECISION:
Article 1: Supplementing and amending certain contents at Circular No. 03/1999/TT-NHNN7 dated August 12, 1999 guiding foreign borrowing and repayment by enterprises, specifically as follows:
1. Point 4(b) Section II Chapter I shall be amended as follows:
"b) For medium and long-term loans: Based on the conditions specified in Section II Chapter II of this Circular, the enterprise signs a foreign loan contract and then registers the foreign borrowing and repayment with the State Bank within thirty days from the date of signing the foreign loan contract and before withdrawing funds."
2. Point 7 Section II Chapter I shall be amended as follows:
"7. In cases where any content in the registration confirmation document for foreign borrowing and repayment issued by the State Bank is changed, the enterprise must register the change with the State Bank according to the following provisions:
a) If the change is implemented through a written agreement between the enterprise and the relevant parties, the enterprise may sign the agreement when ensuring that the content of the change complies with the provisions of Section II Chapter II of this Circular; thereafter, it must register the change with the State Bank within thirty days from the date of signing the change agreement.
b) If the change does not involve a written agreement between the enterprise and the relevant parties, the enterprise may implement the change when ensuring that the content of the change complies with the provisions of Section II Chapter II of this Circular and must register the change with the State Bank within thirty days from the effective date of the change."
3. Adding Point 8 to Section II Chapter I as follows:
"8. The authority to examine and confirm the registration of foreign borrowing and repayment and the registration change of loan contents:
a) The Branch of the State Bank in provinces and centrally-administered cities examines and issues a confirmation document for the registration and registration change of medium and long-term foreign loans of enterprises in its jurisdiction that are not state-owned enterprises with a loan amount up to ten million US dollars (or equivalent foreign currency at the time of signing the foreign loan contract) and comply with the provisions of this Circular.
For cases outside the scope of this Circular, the Branch of the State Bank in provinces and centrally-administered cities must submit them to the Governor of the State Bank for examination and decision.
b) The State Bank (Department of Foreign Exchange Management) examines and confirms the registration and registration change of medium and long-term foreign loans of enterprises other than those specified in Point 8(a) of this Section."
4. Section II Chapter III shall be amended as follows:
"Section II. Documents for Registration Change
The documents for registration change (for cases specified in Point 7, Section II, Chapter I of this Circular) include:
1. Application for registration change (according to Form No. 2).
2. A copy and a Vietnamese translation (certified by the head of the enterprise) of the written change agreement signed in case the change involves a written agreement.
3. Approval document from the guarantor for the foreign loan of the enterprise regarding the changes (in case the enterprise is guaranteed)."
5. Adding Point 4 to Section I Chapter IV as follows:
"4. The Branch of the State Bank in provinces and centrally-administered cities shall immediately send the following information to the State Bank (Department of Foreign Exchange Management) on the day the Branch confirms the registration or registration change for the enterprise's loan:
a) The application for foreign borrowing and repayment or the application for change of the enterprise for each loan;
b) The confirmation document for the registration of foreign borrowing and repayment or the confirmation document for the registration change for the enterprise;
c) Other necessary documents related to the loan when requested by the State Bank."
6. Removing Point 2 Section II Chapter IV.
Article 2: THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.
Article 3: The Head of the Office of the State Bank, the Department Head of the Department of Foreign Exchange Management, the heads of units under the State Bank involved, the Director of the Branch of the State Bank in provinces and centrally-administered cities, and the General Directors (Directors) of credit organizations are responsible for implementing this Decision.
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