STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
1432/2001/QD-NHNN
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Hanoi,
November 16th , 2001
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DECISION
ON
THE SUPPLEMENT, AMENDMENT OF SEVERAL CONTENTS OF THE CIRCULAR NO.
03/1999/TT-NHNN7 DATED 18 AUGUST, 1999 GUIDING THE FOREIGN BORROWING AND
REPAYMENT BY ENTERPRISES
THE GOVERNOR OF THE STATE
BANK OF VIETNAM
Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH110 dated 12 December, 1997;
Pursuant to the Decree of the Government No. 15-CP dated 02 March, 1993 on the
assignment, authority and responsibility for the State management of the
ministries and ministry-level agencies;
Pursuant to the Decree No. 90/1998/ND-CP dated 7 November, 1998 of the Government
promulgating Regulation on the management of foreign borrowings and repayments;
Upon the proposal by the Director of the Foreign Exchange Control
Department,
DECIDES
Article 1.
To supplement, amend several
contents of Circular No. 03/1999/TT-NHNN7 dated 12 August, 1999 guiding the
foreign borrowing and repayment by enterprises, specifically as follows:
1. Point 4 (b) Section II
Chapter I is amended as follows:
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2. Point 7 Section II Chapter
I is amended as follows:
"7. In case where any
content stated in the confirmation by the State Bank of the registration of
foreign borrowing, repayment is changed, enterprises must register the changed content
with the State Bank in accordance with following provisions:
a. If the change is made in form
of an written agreement between an enterprise and related parties, the
enterprise shall be entitled to sign the agreement upon ensuring that the
changed content is in compliance with provisions of Section II, Chapter II of
this Circular; and the registration of the change shall be made thereafter with
the State Bank within 30 days from the date of signing that agreement.
b. If the change is made without
any written agreement between an enterprise and related parties, the enterprise
shall be entitled to make the change upon ensuring that the changed content is
in compliance with provisions of Section II, Chapter II of this Circular and
the registration of the change shall be made thereafter with the State Bank
within 30 days from the effective date of the change.
3. To supplement point 8 to
Section II Chapter I as follows:
"8. Authority to consider
the confirmation of the registration of foreign borrowing, repayment and the
confirmation of the change of contents of loans:
a. State Bank branches in
provinces, cities under the central governments management shall consider,
issue the written confirmation of the registration, the registration of changes
in respect of foreign medium, long term loans of less than US$ 10 million (or
the equivalent in other foreign currency at the date of the foreign loan
agreement) in their respective location for enterprises which are not a
state-owned enterprise and in accordance with provisions of this Circular.
In respect of cases which occur
beyond provisions of this Circular, State Bank branches in provinces, cities
under the central governments management shall submit to the Governor of the
State Bank for consideration and decision.
b. The State Bank (the Foreign
Exchange Control Department) shall consider and confirm the registration and
confirm the registration of the change in respect of foreign medium, long term
loans of enterprises, except for cases provided for in point 8(a) of this
Section."
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"Section II. Registration
file for change(s)
Registration file for change(s)
(for cases provided for in point 7, Section II, Chapter I of this Circular)
shall include:
1. Application for registration
of change(s) (Form No. 2).
2. The copy and the Vietnamese
translation (with certification by the Head of the enterprise) of the agreement
on change(s) that has been signed in case where the changes are made in
writing.
3. The approval by the loan
guarantor of the change(s) (in case where the enterprise is guaranteed).
5. To supplement point 4 to
Section I Chapter IV as follows:
"4. State Bank branches in
provinces, cities under the central governments management shall submit following
information to the State Bank (the Foreign Exchange Control Department) within
the date where the confirmation of the registration, the registration of loan
change(s) for enterprises is made:
a. Application for foreign
borrowing, repayment registration or application for the registration of
change(s) made by enterprises for each loan;
b. The written confirmation of
the registration for foreign borrowing, repayment or the written confirmation
of the registration of change(s) for enterprises;
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6. To cancel point 2 Section
II Chapter IV.
Article 2. This Decision
shall be effective after 15 days from the date of signing.
Article 3. The Director
of the Administrative Department, the Director of the Foreign Exchange Control
Department, Heads of relevant units of the State Bank, General Managers of
State Bank branches in provinces, cities under the central governments
management, General Directors (Directors) of credit institutions shall be
responsible for the implementation of this Decision.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Duong Thu Huong