|
THE GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 219/2013/ND-CP
|
Hanoi, December 26, 2013
|
DECREE
ON MANAGEMENT OF
ENTERPRISES’ BORROWING OF FOREIGN LOANS AND PAYMENT OF FOREIGN DEBTS WITHOUT
GOVERNMENT GUARANTEE[1]
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the June 16, 2010 Law on the State Bank of Vietnam;
Pursuant
to the June 16, 2010 Law on Credit Institutions;
Pursuant
to the June 17, 2009 Law on Public Debt Management;
Pursuant
to the November 29, 2005 Law on Enterprises;
Pursuant
to the November 20, 2012 Law on Cooperatives;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant
to March 18, 2013 Ordinance No. 06/2013/PL-UBTVQH13 Amending and Supplementing
a Number of Articles of the Ordinance on Foreign Exchange;
At
the proposal of the Governor of the State Bank of Vietnam,
The
Government promulgates the Decree on management of enterprises’ borrowing of
foreign loans and payment of foreign debts without government guarantee.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope of
regulation
1.
This Decree prescribes enterprises’ borrowing of foreign loans and payment of
foreign debts without government guarantee and the responsibilities of related
agencies in managing such activities.
2.
Enterprises regulated by this Decree (below referred to as borrowers) include:
a/
Enterprises established and operating under the Law on Enterprises;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/
Cooperatives and unions of cooperatives established and operating under the Law
on Cooperatives.
Article 2. Subjects of
application
1.
State management agencies managing enterprises’ borrowing of foreign loans and
payment of foreign debts without government guarantee as prescribed in this
Decree.
2.
Borrowers that take foreign loans without government guarantee.
3.
Organizations and individuals involved in enterprises’ borrowing of foreign
loans and payment of foreign debts without government guarantee.
Article 3.
Interpretation of terms
In
this Decree, the terms and phrases below are construed as follows:
1.
Borrowing of a foreign loan means a borrower receiving a credit amount from a
non-resident through signing and implementing a foreign loan agreement in the
form of loan contract, contract on goods purchase and sale on deferred payment,
loan provision entrustment contract, financial leasing contract, or issuance by
the borrower of debt instruments.
2.
Borrowing of a foreign loan without government guarantee (below referred to as
borrowing a foreign loan by the mode of self-borrowing and self-payment) means
a borrower taking a foreign loan by the mode of self- borrowing and
self-responsibility for payment to the foreign lender.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4.
Limit of foreign loans by the mode of self-borrowing and self-payment approved
annually by the Prime Minister means the ceiling level of the total net loan
amount (the actually received loan amount minus the principal payments) of
medium- and long-term foreign loans by the mode of self-borrowing and
self-payment in a year.
5.
Licensed credit institutions include credit institutions and foreign bank
branches in Vietnam that are licensed to deal in foreign exchange and provide
foreign exchange services in accordance with law.
Article 4. Management
principles
1.
The Government shall manage the borrowing of foreign loans by the mode of
self-borrowing and self-payment within the framework of management of national
foreign debts, ensuring the safety of debts within the limit approved by a
competent authority, and ensuring the national financial security and
macroeconomic balances.
2.
When borrowing foreign loans and paying foreign debts, borrowers must satisfy
the conditions on borrowing of foreign loans and payment of foreign debts;
register loans, open and use accounts, withdraw capital and transfer money for
debt payment, and report on the implementation of the loans under regulations
of the State Bank of Vietnam. The State Bank of Vietnam shall certify registration
of loans within the foreign commercial loan limit approved annually by the
Prime Minister.
Foreign
loans borrowed by enterprises by the mode of self-borrowing and self-payment
through issuance of international bonds or issuance of other debt instruments
for non-residents must comply with this Decree, regulations on issuance of
international bonds and foreign exchange management, and other relevant
regulations.
3.
Foreign loans by the mode of self-borrowing and self-payment through import of
goods on deferred payment must comply with foreign exchange management
policies, trade policies and other relevant regulations.
4.
Borrowers shall take responsibility before law for the signing and performance
of contracts on the borrowing of foreign loans by the mode of self-borrowing
and self-payment. The Government is not responsible for the borrowing of
foreign loans and payment of foreign debts by borrowers by the mode of
self-borrowing and self-payment.
5.
The policies on management of the borrowing of foreign loans and payment of
foreign debts by the mode of self-borrowing and self-payment must be consistent
with the policies on domestic credit management in order to ensure the
objectives of monetary policy and foreign exchange management policy in each period.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5. Contents of
state management of foreign loans and debts by the mode of self-borrowing and
self-payment
1.
Elaborating, promulgating, and organizing the implementation of, legal
documents on management of the borrowing of foreign loans and payment of
foreign debts by the mode of self-borrowing and self-payment.
2.
Monitoring cash flows related to the borrowing of foreign loans and payment of
foreign debts by the mode of self-borrowing and self-payment for synthesizing
the international payment balance, regulating monetary policies and managing
foreign exchange.
3.
Reviewing and reporting information on the borrowing of foreign loans by the
mode of self-borrowing and self-payment.
4.
Disseminating policies and laws on management of the borrowing of foreign loans
by the mode of self-borrowing and self-payment.
5.
Inspecting, examining and supervising the observance of the law on management
of the borrowing of foreign loans by the mode of self-borrowing and
self-payment.
6.
Organizing professional training and retraining in operations of management of
the borrowing of foreign loans by the mode of self-borrowing and self-payment.
7.
Handling violations and settling complaints and denunciations in the implementation
of regulations on management of the borrowing of foreign loans by the mode of
self-borrowing and self-payment.
Chapter II
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 6. Forecast of
annual levels of net foreign loans borrowed by the mode of self-borrowing and
self-payment
1.
Bases for forecasting annual levels of net foreign loans borrowed by the mode
of self-borrowing and self-payment:
a/
Debt safety criteria under the five-year socio-economic development plan
approved by the National Assembly;
b/
The medium-term debt management program for the period of three subsequent
years, approved by the Prime Minister;
c/
Forecast of macroeconomic targets in the plan year;
d/
Forecast of Vietnam’s payment balance in the plan year;
dd/
Forecast of foreign loan demands of enterprises, credit institutions and
foreign bank branches in each period, when necessary.
2.
Pursuant to Clause 1 of this Article, the State Bank of Vietnam shall assume
the prime responsibility for, and coordinate with the Ministry of
Finance
and the Ministry of Planning and Investment in, forecasting annual levels of
net foreign loans borrowed by the mode of self-borrowing and self-payment. When
necessary, the State Bank of Vietnam shall coordinate with the Ministry of
Finance, the Ministry of Planning and Investment and other related agencies in
reviewing foreign loan demands of borrowers in order to forecast annual levels
of net foreign loans borrowed by the mode of self-borrowing and self-payment in
the plan year.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 7. Monitoring
of the implementation of limits of foreign loans borrowed by the mode of
self-borrowing and self-payment
1.
The State Bank of Vietnam shall monitor total new loans signed, levels of
capital withdrawal and debt payment for medium- and long-term foreign loans
borrowed by the mode of self-borrowing and self-payment; work out appropriate
solutions to manage foreign loans borrowed by the mode of self-borrowing and
self-payment to ensure that the total net loan amount of medium- and long-term
foreign loans borrowed by the mode of self-borrowing and self-payment in a year
is within the Prime Minister-approved limit of foreign loans borrowed by the
mode of self-borrowing and self-payment.
2.
When the economy needs more raised capital in excess of the Prime
Minister-approved limit of foreign loans borrowed by the mode of self-borrowing
and self-payment in the year, the Ministry of Finance shall assume the prime
responsibility for, and coordinate with the State Bank of Vietnam and the
Ministry of Planning and Investment in, calculating the adjustment and
submitting it to the Prime Minister for decision.
Article 8. Competence
of the Prime Minister
1.
To approve the annual limit of foreign loans borrowed by the mode of self-borrowing
and self-payment within the limit of national foreign commercial loans.
2.
To approve the application of appropriate measures to manage the borrowing of
foreign loans by the mode of self-borrowing and self-payment when necessary in
order to ensure national foreign debt safety criteria.
3.
To direct the inspection and examination of the use of foreign loans by state
enterprises.
4.
To decide on inter-sectoral coordination in the management of the borrowing of
foreign loans by the mode of self-borrowing and self-payment when necessary.
Article 9.
Responsibilities of the State Bank of Vietnam
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.
To assume the prime responsibility for, and coordinate with the Ministry of
Finance, the Ministry of Planning and Investment and related agencies in,
setting conditions for short-, medium- and long-term foreign loans borrowed by
the mode of self-borrowing and self-payment in each period.
3.
To guide procedures for and organize the registration, change registration, revocation
or cancellation of written certifications of registration of foreign loans
borrowed by borrowers by the mode of self-borrowing and self-payment.
4.
To assume the prime responsibility for, and coordinate with the Ministry of
Finance, the Ministry of Planning and Investment and related agencies in,
developing and submitting to the Prime Minister for approval and organizing the
implementation of, measures to manage the borrowing of foreign loans by the
mode of self-borrowing and self-payment in order to attain management
objectives in each period.
5.
To monitor the implementation of the limit of foreign loans borrowed by the
mode of self-borrowing and self-payment.
6.
To coordinate with the Ministry of Finance in developing a process of
collecting, reporting, summarizing, sharing and publishing information on
national foreign debts.
7.
To review the annual situation of the borrowing of foreign loans and payment of
foreign debts by the mode of self-borrowing and self-payment by enterprises,
credit institutions and foreign bank branches and report it to the Prime
Minister and the Ministry of Finance for annual national review of the
borrowing of foreign loans and payment of foreign debts.
8.
To perform other tasks related to the state management of the borrowing of
foreign loans and payment of foreign debts by the mode of self-borrowing and
self-payment under Article 5 of this Decree.
Article 10.
Responsibilities of the Ministry of Finance
1.
To assume the prime responsibility for, and coordinate with the State Bank of
Vietnam and the Ministry of Planning and Investment in, submitting to the Prime
Minister for approval the limits of national foreign commercial loans,
including the limit of foreign commercial loans borrowed by the mode of
self-borrowing and self-payment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
To advise the Government or the Prime Minister on the borrowing of foreign loans
by state economic groups and corporations by the mode of self-borrowing and
self-payment when necessary at the request of the Government or the Prime
Minister in each period.
4.
To coordinate with the State Bank of Vietnam in forecasting the level of net
foreign loans borrowed by the mode of self-borrowing and self-payment in the
plan year.
5.
To coordinate with the State Bank of Vietnam in working out, and organizing the
implementation of, measures to manage the borrowing of foreign loans and
payment of foreign debts by the mode of self-borrowing and self-payment.
6.
To perform other tasks related to the borrowing of foreign loans and payment of
foreign debts by state enterprises in accordance with law.
Article 11.
Responsibilities of the Ministry of Planning and Investment
1.
To coordinate with the State Bank of Vietnam in forecasting the level of net
foreign loans borrowed by the mode of self-borrowing and self-payment in the
plan year.
2.
To coordinate with the State Bank of Vietnam in working out, and organizing the
implementation of, measures to manage the self-borrowing of foreign loans and
self-payment of foreign debts.
3.
To assume the prime responsibility for, and coordinate with management agencies
in charge of foreign direct investment in, reviewing demands of
foreign-invested enterprises for foreign loans to be borrowed by the mode of
self-borrowing and self-payment, when necessary.
Article 12.
Coordination responsibility of agencies representing state capital owners
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.
To manage the borrowing of foreign loans by the mode of self-borrowing and
self-payment by state enterprises within their competence.
3.
To coordinate with the State Bank of Vietnam in implementing measures to manage
the borrowing of foreign loans by the mode of self-borrowing and self-payment.
Article 13. Rights of
borrowers
1.
To decide on the forms of borrowing foreign loans as suitable to their demands
and use purposes in accordance with relevant laws.
2.
To select licensed credit institutions for execution of foreign loans in accordance
with law.
3.
To request the opening of overseas foreign-currency accounts for receiving
loans and implement commitments in loan agreements with foreign lenders under
regulations of the State Bank of Vietnam.
4.
To purchase foreign currencies at licensed credit institutions for paying
foreign debts as committed and agreed in loan agreements.
Article 14.
Responsibilities of borrowers
1.
To use foreign loans for proper purposes and within the scope of their
operation in accordance with law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
To take responsibility for the signing and implementation of foreign loan
agreements and other relevant agreements. To refrain from signing agreements
with contents contrary to Vietnamese law.
4.
To pay foreign debts and bear all risks when borrowing foreign loans by the
mode of self-borrowing and self-payment.
5.
To comply with the State Bank of Vietnam’s regulations on conditions for
borrowing of foreign loans and payment of foreign debts; to register, or
register the change of, foreign loans; to open and use accounts, withdraw
capital and transfer money for debt payment for foreign loans.
6.
To comply with this Decree, regulations on foreign exchange management, other
relevant laws of Vietnam and international practices in the borrowing of
foreign loans and payment of foreign debts by the mode of self-borrowing and
self-payment.
7.
To comply with regulations on reporting on the borrowing of foreign loans and
payment of foreign debts by the mode of self-borrowing and self-payment.
8.
To take responsibility for the accuracy and validity of produced dossiers,
documents and papers of licensed credit institutions or overseas credit
institutions (in case they are permitted to open and use overseas
foreign-currency accounts) when conducting transactions related to foreign
loans.
9.
To comply with requests of competent agencies conducting inspection,
examination and supervision of the borrowing of foreign loans and payment of
foreign debts in accordance with law.
Article 15.
Inspection, examination and supervision
1.
The State Bank of Vietnam shall examine and supervise:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/
Money transfer by borrowers related to foreign loans borrowed and debts paid by
the mode of self-borrowing and self-payment;
c/
The borrowers’ compliance with regulations on the self-borrowing of foreign
loans and self-payment of foreign debts and regulations on foreign exchange
management;
d/
The provision of foreign exchange services by licensed credit institutions for
the self-borrowing of foreign loans and self-payment of foreign debts.
2.
The Ministry of Finance shall assume the prime responsibility for, and
coordinate with related agencies in, examining and supervising the borrowing of
foreign loans by the mode of self-borrowing and self-payment by state economic
groups and corporations other than credit institutions.
3.
The Ministry of Planning and Investment shall assume the prime responsibility
for, and coordinate with investment management agencies and related agencies in,
examining and supervising the borrowing of foreign loans by the mode of
self-borrowing and self-payment by foreign-invested enterprises other than
credit institutions and foreign bank branches.
4.
The State Bank of Vietnam shall assume the prime responsibility for, and
coordinate with the Ministry of Finance, the Ministry of Planning and
Investment and related agencies in, inspecting the observance of regulations on
foreign exchange management with regard to the borrowing of foreign loans by
the mode of self-borrowing and self-payment in accordance with the current law
on inspection.
5.
When necessary, the Prime Minister shall decide on inspection or examination of
the self-borrowing and use of foreign loans by borrowers.
Article 16. Reporting
regime
1.
Borrowers shall regularly or extraordinarily report on the withdrawal of
capital and self-payment of foreign debts under regulations of the State Bank
of Vietnam.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
Annually, the State Bank of Vietnam shall assume the prime responsibility for,
and coordinate with related agencies in, summarizing and reporting to the
Government the borrowing of foreign loans and payment of foreign debts by the
mode of self-borrowing and self-payment by enterprises, credit institutions and
foreign bank branches in Vietnam.
Article 17. Handling
of violations
Organizations
and individuals that violate this Decree shall, depending on the nature and
severity of their violations, be administratively handled or examined for penal
liability in accordance with law.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 18. Effect
1.
This Decree takes effect on February 15, 2014.
2.
To annul the Government’s Decree No. 134/2005/ND-CP of November 1, 2005,
promulgating the Regulation on management of the borrowing of foreign loans and
payment of foreign debts, and Section 4, Chapter III of the Government’s Decree
No. 160/2006/ND-CP of December 28, 2006, detailing the Ordinance on Foreign
Exchange.
Article 19.
Implementation responsibility
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.
Ministers, heads of ministerial-level agencies, heads of government- attached
agencies and chairpersons of provincial-level People’s Committees shall
implement this Decree.-
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung