Detailed instructions for applying for a foreign loan

Loans subject to registration with the State Bank include:

1. Medium and long-term foreign loans. The loan term is determined from the expected date of first capital withdrawal to the expected final repayment date on the basis of provisions in the foreign loan agreement.

2. A short-term loan is extended for which the total term of the loan is over 01 (one) year. The loan term is determined from the first date of capital withdrawal to the expected final repayment date on the basis of the provisions of the foreign loan agreement, the foreign loan extension agreement.

3. Short-term loans without an extension contract but with outstanding principal at the time of full 01 (one) year from the date of first capital withdrawal, unless the borrower completes loan repayment within a short period of time. 10 (ten) days from the round of 01 (one) year from the date of first capital withdrawal. The loan term is determined from the date of first withdrawal to the expected date of final repayment.

The withdrawal date specified in this Article is the date of loan disbursement for loans disbursed in cash

Borrower enters into a foreign loan agreement to disburse directly in cash with the lender who is required to register for a loan.

1. Preparation of application for a government-guaranteed foreign loan:

a) In case the borrower chooses the online form: The borrower shall declare the Application for registration of a foreign loan not guaranteed by the Government on the Website to receive the loan code, print the Application from the Website. death, signature and stamp;

b) In case the borrower chooses the traditional form: The borrower completes an application form in Appendix 01 to this Circular.

2. Submit documents:

a) The borrower shall send the application for loan registration under this Circular by post or directly at the loan registration confirmation agency according to its competence specified in Article 18 of this Circular;

b) The borrower who chooses the online form may choose to submit an online application as instructed on the website.

3. Deadline for submission:

The borrower must submit a dossier within 30 (thirty) days from:

a) The date of signing the medium or long-term foreign loan agreement or the date of signing the guarantee document in case of the guaranteed loan or the date of signing the written capital withdrawal agreement in case the parties agree on the capital withdrawal on the basis of signed framework agreements and prior to withdrawal;

b) The signing date of the agreement on extension of the short-term loyal and long-term foreign loan for the self-repayment loan is specified in Clause 2, Article 9 of this Circular;

c) The full date of 01 (one) year from the first drawdown date for self-repayment loans specified in Clause 3, Article 9 of this Circular.

4. The State Bank shall provide in writing certifying or refusing to confirm loan registration within:

a) 12 (twelve) working days from the date of receipt of a complete and valid application file from the borrower in the event that the borrower chooses the online option;

b) 15 (fifteen) working days from the date of receipt of a complete and valid application file from the borrower in the event that the borrower chooses the form of communication; or

c) 45 (forty five) working days from the date of receipt of a complete and valid application file from the borrower in case a loan denominated in Vietnam dong must be reviewed and approved by the Governor of the State Bank. according to current law provisions on enterprises' foreign loan conditions that are not guaranteed by the Government;

d) In case of refusal of confirmation of loan registration, the State Bank shall issue a document clearly stating the reason.

5. For loans denominated in Vietnam dong to be permitted by the Governor of the State Bank in accordance with the current law provisions on foreign loan conditions, the loan registration procedure is concurrently the procedure to request the Governor of the State Bank. State Bank Governor considers and approves the loan; The written confirmation of loan registration is concurrently the document approving the loan of the Governor of the State Bank.

6. The competent authority defined in Article 18 of this Circular shall:

a) Check the consistency and accuracy of the loan registration dossier and information declared on the Website; update the application processing situation on the Website for the borrower to promptly follow up in case the borrower chooses the online form;

b) Input information about loans on websites to create loan codes and store information in the database of enterprises that are not guaranteed by the Government. The borrower chooses the traditional form.

1. Loan application form.

2. Copies (certified by the borrower) of the borrower's legal documents, including: Establishment License, Business Registration Certificate, Business Registration Certificate, Investment Certificate or Other equivalent documents.

3. Copy (certified by the borrower) or original document proving the borrowing purpose, including:

(i) Production and business plans, investment projects using foreign loans approved by competent authorities in accordance with the Law on Investment, the Law on Enterprises and the Enterprise Charter, except for the case of the project. investment has been clearly determined the scale of investment capital by the competent authority issuing the investment certificate;

4. Copy and Vietnamese translation (certified by the borrower) of the foreign loan agreement and the agreement on extending the short-term loyal and long-term loan (if any); or a withdrawal document attached to the framework agreement.

5. Confirmation by the account service provider in the following cases: Where the capital transferred by a foreign investor into Vietnam has been used to satisfy the investment preparation expenses is converted into a water loan. in the medium and long term of a foreign direct investment enterprise in accordance with current regulations of relevant laws on foreign direct investment in Vietnam: Document of the account service provider of the The lender confirms receipt and expenditure transactions related to the loan formation;

6. Documents proving that the profit is legally divided in Vietnam Dong from direct investment activities of the lender being a foreign investor contributing capital at the borrower and certification by the supplying bank account service on the distribution and remittance of profits to the home country of the creditor to demonstrate the loan disbursement for the case of foreign loans denominated in Vietnam dong in accordance with current regulations on foreign loan conditions in VND Vietnam

Cases in which registration to change loans is required

1. Except for the cases specified in Clauses 2 and 3 of this Article, the case of any change of contents related to a loan specified in the State Bank's written certification of registration of a foreign loan (according to form in Appendix 02 attached to this Circular), the borrower shall be responsible for registering changes in foreign loans with the State Bank as prescribed in this Circular.

2. In case the plan for capital withdrawal, debt repayment or charge transfer actually changes within 10 (ten) days compared to the plan on capital withdrawal, debt repayment and charge transfer previously confirmed by the State Bank, the Party the borrower shall have to notify in writing the account service provider to withdraw capital and pay debts according to the change plan; No loan change registration is required with the State Bank.

3. The borrower shall only notify in writing to the State Bank, not register for loan changes with the following contents:

a) Change of the borrower's address in the province or city where the borrower's head office is located;

b) Change of the Lender, relevant information about the lender in a syndicated loan designating representatives of the lenders, except where the Lender is concurrently the lender's representative in the loan syndication and the change of the lender changes the role of the lender's representative;

c) Change of commercial transaction name of the account service provider.

4. Within 30 (thirty) days from the date of change or receipt of notice of change in the contents specified in Clause 3 of this Article, the borrower shall send the notice by post or in person. at the loan registration confirmation agency according to its competence specified in Article 18 of this Circular.

Procedures for loan change registration

1. Prepare Application for Change of Loan:

a) In case the borrower chooses the online form: The borrower shall declare the Application for Loan Change Registration on the Website, print the Application from the website, sign and stamp;

b) In case the borrower chooses the traditional form: The borrower completes an application form in Appendix 03 to this Circular.

2. Submit records

a) Within 30 (thirty) days from the date of signing the change agreement or before the time the changes take place (in case the changed contents do not need to sign the change agreement but still ensure compliance In accordance with foreign loan agreements), the borrower shall send the application for registration of changes to the loan by post or directly at the loan registration confirmation agency or the agency confirming the registration for the next loan change. most recently for cases where there are already registration of loan changes to register for loan changes according to the competence specified in Article 18 of this Circular.

b) The borrower who chooses the online form may choose to submit an online application as instructed on the website.

3. The State Bank shall provide in writing certifying or refusing to confirm loan registration within:

a) 12 (twelve) working days from the date of receipt of a complete and valid application file from the borrower (if the Borrower chooses the online option), or;

b) 15 (fifteen) working days from the date of receipt of a complete and valid application file from the borrower (in case the borrower chooses the traditional form);

c) In case of refusal of confirmation of loan change registration, the State Bank shall issue a document clearly stating the reason.

4. The competent authority defined in Article 18 of this Circular shall:

a) Check the consistency and accuracy of the application for registration of changes to loans and information declared on the Website; update the application processing situation on the Website for the borrower to promptly follow up in case the borrower chooses the online form;

b) Entities that enter relevant information of loans on websites to store information on the database of enterprises' foreign loan and loan repayment not guaranteed by the Government in case the borrower chooses. traditional form.

Loan change registration documents

1. An application for registration of changes to a loan as provided for in Clause 1, Article 16 of this Circular.

2. Copies and Vietnamese translations of the signed loan change agreements (certified by the borrower) in case the changes need to be agreed upon between the parties.

3. A copy (certified by the borrower) of the guarantor's approval of the loan change in case the borrower's loan is guaranteed.

4. A copy (certified by the borrower) of a competent authority's document in accordance with law on assignment and decentralization of the rights, responsibilities and obligations of the state owner towards State-owned enterprises and state capital invested in enterprises on the approval of the change of the foreign loan plan of the borrower being state-owned enterprises in the case of the increase in loan turnover or extension of the loan term.

5. Components of the dossier specified in Clause 3, Article 14 of this Circular, for the case of change in loan turnover increase.

6. The composition of the dossier specified in Clause 7, Article 14 of this Circular, for cases where the borrower being a credit institution or foreign bank branch increases the foreign loan turnover.

7. The account service provider's written certification of the progress of capital withdrawal and debt repayment (principal and interest) up to the time of loan change registration in case of registration of change in loan turnover, and Capital withdrawal plan, debt repayment plan or commercial bank providing account service.

1. The State Bank (the Foreign Exchange Management Department) shall confirm the registration and registration of changes for loans with a loan turnover of more than USD 10 (ten) million (or other foreign currencies with value). equivalent) and foreign loans denominated in VND.

2. State Bank branches in provinces and centrally-run cities where the borrower's head office is located shall confirm the registration and registration of changes for loans with a loan turnover of up to 10 (ten). million USD (or another foreign currency of equivalent value).

3. Where the change of increase or decrease in loan turnover, change of loan currency, change of the head office of the borrower, change of the borrower to an enterprise whose head office is located in another locality changes the basis. Agencies competent to confirm registration of changes to loans, and agencies certifying registration and registration for changes of initial loans have the following responsibilities:

a) Act as the focal point to receive the borrower's application for registration of changes to loans;

b) Within 07 (seven) business days of receipt of the borrower's application for change registration, transfer all original of application for change registration and a copy of the application, The application file for registration of changes made of the loan (if any) to the competent authority as prescribed in Clauses 1 and 2 of this Article for further processing.

4. In case there are changes to a foreign loan denominated in Vietnam dong with confirmation of registration or change registration by a branch, the processing of the application for change registration shall comply with regulations. process specified in Clause 3 of this Article.

5. In cases where a loan denominated in Vietnam dong must be considered and approved by the Governor of the State Bank, the Foreign Exchange Management Department shall act as the focal point and coordinate with the State Bank's relevant units to report to the Governor of the State Bank. The State Bank Governor considers and decides according to his / her competence.

Handling of loan registration and change registration documents in case the borrower commits an administrative violation in the field of foreign exchange management, foreign loan management, and foreign debt repayment

In the course of processing dossiers for registration and registration of changes in loans, in case the State Bank detects that the borrower has committed administrative violations in the areas of foreign exchange control, loan management, and water debt repayment. In addition (including non-compliance with reporting regulations on foreign loans and repayment of foreign loans), the confirmation of registration, confirmation of loan change registration by the borrower is carried out upon completion. handle administrative violations in accordance with the current law on handling of administrative violations in the monetary and banking sector.

1. The State Bank (the Foreign Exchange Management Department) shall confirm the registration and registration of changes for loans with a loan turnover of more than USD 10 (ten) million (or other foreign currencies with value). equivalent) and foreign loans denominated in VND.

2. State Bank branches in provinces and centrally-run cities where the borrower's head office is located shall confirm the registration and registration of changes for loans with a loan turnover of up to 10 (ten). million USD (or another foreign currency of equivalent value).

3. Where the change of increase or decrease in loan turnover, change of loan currency, change of the head office of the borrower, change of the borrower to an enterprise whose head office is located in another locality changes the basis. Agencies competent to confirm registration of changes to loans, and agencies certifying registration and registration for changes of initial loans have the following responsibilities:

a) Act as the focal point to receive the borrower's application for registration of changes to loans;

b) Within 07 (seven) business days of receipt of the borrower's application for change registration, transfer all original of application for change registration and a copy of the application, The application file for registration of changes made of the loan (if any) to the competent authority as prescribed in Clauses 1 and 2 of this Article for further processing.

4. In case there are changes to a foreign loan denominated in Vietnam dong with confirmation of registration or change registration by a branch, the processing of the application for change registration shall comply with regulations. process specified in Clause 3 of this Article.

5. In cases where a loan denominated in Vietnam dong must be considered and approved by the Governor of the State Bank, the Foreign Exchange Management Department shall act as the focal point and coordinate with the State Bank's relevant units to report to the Governor of the State Bank. The State Bank Governor considers and decides according to his / her competence.

Handling of loan registration and change registration documents in case the borrower commits an administrative violation in the field of foreign exchange management, foreign loan management, and foreign debt repayment

In the course of processing dossiers for registration and registration of changes in loans, in case the State Bank detects that the borrower has committed administrative violations in the areas of foreign exchange control, loan management, and water debt repayment. In addition (including non-compliance with reporting regulations on foreign loans and repayment of foreign loans), the confirmation of registration, confirmation of loan change registration by the borrower is carried out upon completion. handle administrative violations in accordance with the current law on handling of administrative violations in the monetary and banking sector.

1. Cases of termination of validity of the written confirmation of registration or registration change when the loan is not yet withdrawn:

a) The borrower's application for loan registration or change registration contains fraudulent information in order to be eligible for confirmation of foreign loan registration or change registration;

b) The application for change registration meets regulations on procedures for registration, registration for changes of loans as prescribed in this Circular, but the information requested for registration of changes is inaccurate, resulting in deviation in contents of the State Bank's written confirmation, confirmation of change registration;

c) The written confirmation of registration or change registration is issued against the authority specified in Article 18 of this Circular.

2. When the loan has been withdrawn, the competent agency shall issue a document on the invalidation of the written confirmation of registration or registration for change in the cases specified at Points b and c, Clause 1 of this Article. .

3. The agency certifying the loan registration and change registration according to its competence specified in Article 18 of this Circular shall send a document to the borrower and relevant parties on the termination and reasons for such termination. validity of the written confirmation of loan registration and registration for changes.

4. For the cases specified at Points b and c, Clauses 1 and 2 of this Article, after the written confirmation of loan registration or registration is terminated, the borrower shall be responsible for to coordinate with competent agencies in registering and registering changes in loans in accordance with this Circular in order to have grounds for continued loan application.