THE STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
29/2013/TT-NHNN
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Hanoi,
December 06, 2013
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CIRCULAR
STIPULATING ON
PROVISION OF FOREIGN CURRENCY LOANS OF THE CREDIT INSTITUTIONS AND FOREIGN
BANKS’ BRANCHES WITH CUSTOMERS BEING RESIDENTS
Pursuant to the Law on State Bank of Vietnam No.
46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No. 47/2010/QH12
dated June 16, 2010;
Pursuant to the Ordinance on Foreign Exchange
No. 28/2005/PL-UBTVQH11 dated December 13, 2005;
Pursuant to the Government’s Decree
160/2006/ND-CP dated December 28, 2006 detailing the implementation of the
Ordinance on Foreign Exchange;
Pursuant to the Government’s Decree No.
96/2008/ND-CP dated August 26, 2008 defining functions, duties, powers and
organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Monetary
Policy Department;
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Article 1. Scope of regulation
This Circular stipulates on provision of foreign
currency loans of the credit institutions and foreign banks’ branches with
customers being residents.
Article 2. Subjects of application
1. The credit institutions and foreign banks’
branches that are permitted to operate foreign exchange and implement provision
of foreign currency loans with customers.
2. The customers being residents who are loaning
capital at the credit institutions and branches of foreign banks as prescribed
by law on loan activities.
Article 3. Demands of borrowing foreign currency
capital
1. Credit institutions, branches of foreign banks
may consider deciding provision of foreign currency loans for demands of
capital loan as follows:
a) The short-term, mid--term and long-term loans
for the overseas payment for imported goods and services on condition that
customers have sufficient foreign currency from the production and business
revenues for paying of loan debt.
b) The short-term loans for wholesale enterprises
importing petrol and oil have been assigned the 2014 petrol and oil import
quota by the Ministry of Industry and Trade and have demand to borrow capital
in foreign currency for overseas payment for import petrol and oil when the
borrowers fail to have or have sufficient foreign currency revenues from production
and business operation for paying of loan debt. Provisions in this clause
shall be implemented until the end of December 31, 2014.
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d) Loans to perform overseas direct investment for
national important projects, works that have been decided on investment
guidelines by National Assembly, Government or the Prime Minister and have been
issued certificate of overseas investment by the Ministry of Planning and
Investment.
2. Credit institutions,
branches of foreign banks may consider deciding provision of foreign currency
loans for demands of capital loan, apart from provisions in clause 1 this
Article, but in fields prioritized, encouraged for production and business
development in according to guidelines of Government after the State bank of
Vietnam has accepted in writing under the orders and procedures specified in
Article 4 of this Circular for each specific case.
Article 4. The order of and procedures for acceptance
of provision of foreign currency loans
1. When having demand of provision of foreign
currency loans, credit institutions, branches of foreign banks must have
written request to the State bank of Vietnam for acceptance of provision of
foreign currency loans, including the following principal contents:
a) Credit institutions, branches of foreign bank
have appraised and ensure that projects, plans on production and business of
customers are feasible, effective; the borrowers meet sufficient conditions of
capital loan as prescribed by law on loan activities, have ability to withdraw
debt on schedule (principal and interest); in which, they must report
specifically about financial situation, activities of production and business,
sources to pay debt of customers, demand of foreign currency loans of customers
for implementation of projects, plans on production and business in fields
prioritized, encouraged for production and business development in according to
guidelines of Government.
b) The credit institutions and foreign banks’
branches shall report specifically about foreign exchange capital sources
to provide loans, and commit that they ensure to balance foreign exchange
capital sources in line with the term and capital level of loans; ensure that
provision of loans complies with the current legislations on activities of loan
provision, managing foreign exchange, limitation of credit extension, rates of
safety assurance in banking activities of credit institutions and other
provisions of relevant legislations.
c) The credit institutions and foreign banks’
branches must commit to take responsibility for the result of appraisal,
decision on providing foreign currency loans to customers and contents,
information already supplied in the written request.
2. The order of and procedures
for acceptance of provision of foreign currency loans:
a) Credit institutions, branches of foreign banks
shall send, directly or via post system, the written request for acceptance of
provision of foreign currency loans, to the State bank of Vietnam (the Monetary
Policy Department).
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c) Within 30 (thirty) working days after receiving
the written request for acceptance of the provision of foreign currency loans
of credit institutions, branches of foreign banks, with full information as
prescribed at Clause 1 Article 4 of this Circular, the State bank of Vietnam
shall send a written notice on acceptance or refusal for credit institutions,
branches of foreign banks in the provision of foreign currency loans.
Article 5. Responsibilities of credit
institutions, branches of foreign banks
1. The credit institutions and foreign banks’
branches shall conduct provision of foreign currency loans in accordance with
this Circular, the regulations on loans, management of foreign exchange, rate
of safety assurance in operation of credit institutions, branches of foreign
banks and other relevant regulations.
2. Monthly, not later than 12th day of
month next to the report month, credit institutions, branches of foreign banks
shall report to the State bank of Vietnam on the provision of foreign currency
loans in according to the report form enclosed to this Circular.
Article 6. Organization of implementation
1. This Circular takes effect on January 01, 2014
and replaces the Circular No. 37/2012/TT-NHNN dated December 28, 2012 of the
Governor of the State bank of Vietnam, stipulating on provision of foreign
currency loans of the credit institutions and foreign banks’ branches with
customers being residents.
2. For loans applying methods of provision of loans
for each time, provision of loans under investment project, provision of
syndicated loans under credit contracts have been signed before the effective
day of this Circular, credit institutions, branches of foreign banks and the
borrowers may implement contents in the signed credit contracts in conformity
with provisions of law that are effect at time of signing such credit contracts
or make agreements to amend, supplement such credit contracts to be suitable
with provisions in this Circular. For loans applying methods of provision
of loans based on credit limit, revolving credit (recirculation) under credit
contracts have been signed before the effective day of this Circular, and
disbursed from January 01, 2014, credit institutions, branches of foreign banks
and the borrowers shall comply with provisions in this Circular.
3. The Chief of office, the Director of the
Monetary policy department and heads of units of the State bank of Vietnam,
Directors of the State bank of Vietnam’s branches of central-affiliated cities
and provinces; presidents of Board of Directors or of Members' Council and Directors
General (Directors) of credit institutions, branches of foreign banks shall
implement this Circular.
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FOR THE
GOVERNOR
DEPUTY GOVERNOR
Nguyen Dong Tien
Name of credit institution or branch of foreign
bank:
REPORT OF LOAN
OUTSTANDING BALANCE IN FOREIGN CURRENCY
Month …..
year……..
(Enclosed with
the Circular No.
/2013/TT-NHNN dated
)
Index
Outstanding
loan balances (convert to billion dong)
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I. Outstanding loan
balances of borrowers being residents
1. Outstanding loan
balances classified by duration
a) Short term
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2. Outstanding loan
balances classified by loan purposes
a) The short-term, mid--term and long-term
loans for the overseas payment for imported goods and services on condition
that borrowers have sufficient foreign currency from the production and
business revenues for paying of loan debt.
In which: Loans for import of goods
and services in serve of production and business of
export goods through Vietnam’s frontiers and border gates
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b) The short-term loans for overseas payment or petrol import as prescribed in point b clause 1 Article 3.
c) The short-term loans to meet domestic capital demands aiming to
perform plan on production and business of export goods as prescribed in
point c clause 1 Article 3.
d)
Loans to conduct overseas direct investment for projects that are important
and national meaningful as prescribed at point d clause
1 Article 3.
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dd) Loans for other capital demands accepted by State Bank in writting
as prescribed in clause 2 Article 3.
e)
Loans for other capital demands of credit contracts have been signed as
prescribed by the State bank of Vietnam in documents promulgated before the
effective date of the Circular No. ……./2013/TT-NHNN.
3. Outstanding loan balances
classified by borrowers
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b)
Other borrowers
II. Bad debt ratio of loans in foreign
currency
1.
Ratio of bad debt of foreign currency loans per the total outstanding loan
balance (%)
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2.
Ratio of bad debt of foreign currency loans per the total outstanding loan
balance in foreign currency (%)
Composer
Controller
…., date….
month…. year…..
General director
Note:
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2. Outstanding loan balance at point e item 2 part
I excludes outstanding loan balances at points a, b, c, d item 2 part I.
3. Deadline for sending report: Monthly, not later
than the 12th day of the next month of the report month.
4. Recipient unit: The Monetary policy department –
the State bank of Vietnam, 49 Ly Thai To – Hoan Kiem – Ha Noi (email: phongcstd@sbv.gov.vn, facsimile: 04.38246953 - 04.38240132)
5. It is required to write full name and telephone
number of the responsible person for answering the report in details at the
State Bank of Vietnam’s requests.