Circular No. 25/2009/TT-NHNN supplements provisions on foreign currency loans granted by credit institutions to resident borrowers, requiring borrowers to resell the borrowed foreign currency when used domestically and obtaining prior approval from the Governor of the State Bank of Vietnam.
적용 범위
Credit institutions and resident borrowers.
핵심 사항
- Borrowers must resell the borrowed foreign currency to the credit institution when used domestically (Clause 4, Article 1).
- Capital requirements outside those specified require prior approval from the Governor of the State Bank of Vietnam (Clause 5, Article 1).
- This Circular takes effect from the date of issuance (Article 2).
- The Governor of the State Bank of Vietnam, the Director of the Office, the Head of the Monetary Policy Department, and the Heads of units under the State Bank of Vietnam, the Governors of the State Bank of Vietnam branches in centrally administered cities and provinces, Chairmen of the Board of Directors, and General Directors (Directors) of credit institutions are responsible for implementing this Circular (Article 3).
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening foreign currency management, reducing exchange rate risks for borrowers.
- Negative impact: Difficulties in borrowing and using foreign currency for unregulated needs.
❓ 자주 묻는 질문
What must a borrower do with borrowed foreign currency when used domestically?
According to Clause 4, Article 1, borrowers must resell the borrowed foreign currency to the credit institution when used domestically.
Who must approve capital requirements not specified in this Circular?
According to Clause 5, Article 1, capital requirements not specified must be approved in writing by the Governor of the State Bank of Vietnam.
When does this Circular take effect?
This Circular takes effect from the date of issuance (Article 2).
Who is responsible for implementing this Circular?
The Governor of the State Bank of Vietnam, the Director of the Office, the Head of the Monetary Policy Department, and the Heads of units under the State Bank of Vietnam, the Governors of the State Bank of Vietnam branches in centrally administered cities and provinces, Chairmen of the Board of Directors, and General Directors (Directors) of credit institutions are responsible for implementing this Circular (Article 3).
To whom does this Circular apply?
This Circular applies to credit institutions and resident borrowers (Opening paragraph).
전문
CIRCULAR
Regarding the supplementation of Article 1 of Decision No. 09/2008/QĐ-NHNN dated April 10, 2008
of the Governor of the State Bank of Vietnam on lending in foreign currency
by credit institutions to resident borrowers
__________________________
Pursuant to the Law on the State Bank of Vietnam 1997 and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;
Pursuant to the Law on Credit Institutions 1997 and the Law Amending and Supplementing Certain Articles of the Law on Credit Institutions 2004;
Pursuant to the Foreign Exchange Decree dated December 13, 2005;
Pursuant to Resolution No. 43/2009/NQ-QH12 dated November 27, 2009 of the National Assembly on questioning and responding to questions at the sixth session of the XIIth National Assembly;
Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
Pursuant to Decree No. 160/2006/NĐ-CP dated December 28, 2006 of the Government detailing the implementation of the Foreign Exchange Ordinance;
The State Bank of Vietnam hereby stipulates the supplementation of Article 1 of Decision No. 09/2008/QĐ-NHNN dated April 10, 2008 of the Governor of the State Bank of Vietnam on lending in foreign currency by credit institutions to resident borrowers as follows:
Article 1. Supplement Clause 4 and Clause 5 of Article 1 of Decision No. 09/2008/QĐ-NHNN dated April 10, 2008 as follows:
"4. To implement investment projects, production and business plans for export goods and services; in cases where foreign currency loans are used domestically, the borrower must sell the borrowed foreign currency to the lending credit institution.
5. For capital needs not specified in this Article, prior written approval from the Governor of the State Bank of Vietnam is required."
Article 2. This Circular takes effect from the date of signature.
Article 3. The Director of the Office, Heads of Departments under the State Bank of Vietnam, Governors of the State Bank of Vietnam branches in provinces and centrally governed cities, Chairmen of Management Boards and General Directors (Directors) of credit institutions are responsible for implementing this Circular./.
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