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THE STATE BANK
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SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom - Happiness
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No. 02/2007/TT-NHNN
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Hanoi, 21 May 2007
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CIRCULAR
ON AMENDMENT OF
PARAGRAPH 5 IN THE CIRCULAR NO. 07/2006/TT-NHNN DATED 7 SEPTEMBER 2006 OF THE
STATE BANK PROVIDING GUIDANCE ON PURCHASE AND SUBLEASING ACTIVITY IN FORM OF
FINANCE LEASING AS PROVIDED FOR IN THE DECREE NO. 16/2001/ND-CP DATED 02/5/2001
AND THE DECREE NO. 65/2005/ND-CP DATED 19/5/2005 OF THE GOVERNMENT
On 7 September 2006, the State Bank issued
the Circular No. 07/2006/TT-NHNN providing guidance on purchase and subleasing
activity in form of finance leasing as stipulated in Decree No. 16/2001/ND-CP
dated 2 May 2001 and the Decree No. 65/2005/ND-CP dated 19 May 2005 of the
Government (hereinafter referred to as Circular No. 07/2006/TT-NHNN). For the
unanimous implementation, the State Bank amends the content of paragraph 5,
Circular No. 07/2006/TT-NHNN as follows:
1. Paragraph 5 is amended as follows:
“5. Currency used in the purchase and subleasing
transaction, purchase and subleasing transaction in foreign currency
5.1. Currency used in the purchase and
subleasing transaction shall be Vietnamese Dong.
5.2. Purchase and subleasing transactions shall
only be performed in foreign currency if they satisfy following requirements:
5.2.1. Conditions
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b. For leasing assets: they must be machines,
equipment, transport means and other immovable assets which were imported;
c. For finance leasing company: it must be the
finance leasing company authorized to perform finance leasing operation in
foreign currency in accordance with provisions of applicable laws on foreign
exchange.
d. For lessee:
- The lessee must have legal income source in
foreign currency or be entitled to buy foreign currency at credit institution
which is authorized to engage in foreign currency trading;
- The lessee has outstanding foreign currency
loans at bank for importing leasing assets, or the lessee imports or entrusts
the import of leasing assets and has not yet made debt repayment to foreign
party.
5.2.2. Making payment for the repurchase of
leasing assets in foreign currency
a. Finance leasing company shall carry out the
purchase and subleasing when the lessee presents full legal files relating to
assets. Where bank or foreign party manages, keeps the file related to assets,
finance leasing company shall make payment for purchase amount after having
agreed with the bank or foreign party to take back the file of leased assets if
it repurchases leasing assets.
b. Finance leasing company shall directly make
payment for purchase amount of leasing assets in foreign currency to the bank
or foreign party, equivalent to the value of purchased assets. Where the
repurchase price of leasing assets is higher than outstanding bank loans or
foreign debt, finance leasing company shall make payment for the difference in
Vietnamese dong to the lessee under the exchange rate issued at the payment
date by a commercial bank selected by the two parties.
c. After the finance leasing company makes
payment for the purchase amount of leased assets and signs contract of finance
leasing, the lessee shall acknowledge debt and make payment for lease amount in
foreign currency or in Vietnamese Dong in accordance with current provisions on
finance leasing.”
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3. The Director of Administrative Department,
Director of Banks and Non-Banking Credit Institutions Department, Heads of
units of the State Bank of Vietnam, Managers of the State Bank branches in
provinces, cities under the central Government’s management, Chairman of the
Board of Directors, General Directors (Directors) of Finance Leasing Companies
shall be responsible for the implementation of this Circular
FOR THE GOVERNOR OF THE STATE BANK OF
VIETNAM
DEPUTY GOVERNOR
Dang Thanh Binh