THE STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
37/2012/TT-NHNN
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Hanoi,
December 28, 2012
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CIRCULAR
STIPULATING
ON PROVISION OF FOREIGN CURRENCY LOANS OF THE CREDIT INSTITUTIONS AND BRANCHES
OF FOREIGN BANKS WITH CUSTOMERS BEING RESIDENTS
Pursuant to the Law on the
State bank of Vietnam No. 46/2010/QH12, of June 16, 2010;
Pursuant to the Law on credit institutions
No. 47/2010/QH12, of June 16, 2010;
Pursuant to the Foreign
Exchange Ordinance No. 28/2005/PL-UBTVQH11, of December 13, 2005;
Pursuant to Government's Decree
No. 160/2006/ND-CP, of December 28, 2006 detailing the implementation of the
Foreign Exchange Ordinance;
Pursuant to Government's Decree
No. 96/2008/ND-CP, of August 26, 2008 providing functions, tasks, powers and
original 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 provision
of foreign currency loans of the credit institutions and branches of foreign
banks with customers being residents.
Article 2. Subjects of
application
1. Credit institutions, branches
of foreign banks 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. Demand of foreign
currency capital loans
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 in order to overseas paying for imported
goods and services in foreign exchange on condition that customers have
sufficient foreign currency in order to paying of debt
rely on the income source from production and business.
b) The short-term loans for
wholesale enterprises importing petrol and have been assigned the 2013 petrol
import limit by the Ministry of Industry and Trade and have demand to loan in
foreign currency in order to overseas paying for import
petrol when the loan customers have sufficient or insufficient foreign currency
in order to paying of debt rely on the income source from production and
business. Provisions in this clause shall be implemented until end of December
31, 2013.
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d) Loans in order 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.
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.
The written request for acceptance
of provision of foreign currency loans includes the principal contents: Credit
institutions, branches of foreign bank have appraised and ensure that projects,
plans on production and business of customers are feasible, effective; the loan
customers meeting sufficient conditions of capital loan as prescribed by law on
loan activities, having ability to withdraw debt on schedule (principal and
interest); credit institutions, branches of foreign bank ensure to balance
their foreign currency capital source in order to loan, provision of foreign
currency loans not affect to limit of credit grant and rate to assure safety in
operation of credit institutions, branches of foreign bank as prescribed by the
State bank of Vietnam; 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; credit institutions, branches of foreign bank commit
to have responsibility for result of appraisal and contents, information
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 send directly or by post written request for acceptance of
provision of foreign currency loans to the State bank of Vietnam (the Monetary
policy department).
b) Based on guidelines of
Government on fields prioritized, encouraged for production and business
development, happening of foreign exchange market, provisions in this Circular
and content of written request of Credit institutions, branches of foreign
banks, the State bank of Vietnam shall consider to accept the provision of
foreign currency loans of Credit institutions, branches of foreign banks.
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, 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.
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1. Credit institutions, branches
of foreign banks that conduct provision of foreign currency loans as prescribed
in this Circular, 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 for
implementation.
1. This Circular takes effect on
January 01, 2013 and replaces the Circular No. 03/2012/TT-NHNN, of March 08,
2012 of the Governor of the State bank of Vietnam stipulating on provision of
foreign currency loans of the credit institutions and branches of foreign banks
with customers being residents.
2. For loans applying methods of
provision of loans for each times, 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 loaning customers 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 agreement to amend, supplement 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, 2013, credit institutions, branches of
foreign banks and the loaning customers 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, other relevant organizations and individuals shall
implement this Circular.
FOR THE
GOVERNOR
DEPUTY GOVERNOR
Nguyen Dong Tien
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Name of credit institution or
name of branch of foreign bank: ……………………..
REPORT
OF LOAN OUTSTANDING BALANCE IN FOREIGN CURRENCY
Month
…. year……..
(Promulgated
together with the Circular No. 37/2012/TT-NHNN, of December 28, 2012)
Norms
Outstanding loan balances (convert to billion dong)
The growth rate of outstanding loan balances compared to the
preceding month (%)
I. Outstanding loan balances
of borrowers being residents
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1. Outstanding
loan balances classified by duration
a) Short term
b) Medium and long term
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a) The short-term, mid--term and
long-term loans in order to overseas paying for imported
goods and services in foreign exchange on condition that customers have
sufficient foreign exchange in order to paying of debt rely on the income
source from production and business as prescribed in point a clause 1 Article 3.
In which: Loans for import of goods
and services in order to perform production and business of export goods
through Vietnam’s frontiers and border gates
b) The short-term loans in order
to overseas paying for petrol import as prescribed in
point b clause 1 Article 3.
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c) The short-term loans in order
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 in point d clause 1 Article 3
dd) Loans for other capital
demands accepted by state bank in writting as prescribed in clause 2 Article
3.
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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. 37/2012/TT-NHNN.
3. Outstanding
loan balances classified by objects being borrowers
a) FDI enterprises
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II. Bad debt ratio of loans
in foreign currency
1. Ratio of bad debt of
foreign currency loans per the total outstanding loan balance (%)
2. Ratio of bad debt of
foreign currency loans per the total outstanding loan balance in foreign
currency (%)
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Composer
Controller
…….,
date…….. month……. year……
General Director
Notes:
1. Outstanding loan balances in part I: (1) = (2)
= (3).
2. Outstanding loan balances in point e item 2
part I excludes outstanding loan balances in points a, b, c, d item 2 part I
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4. Recipient units: The Monetary Policy
Department – The State Bank of Vietnam, 49 Ly Thai To – Hoan Kiem – Ha Noi
(email: phongcstd@sbv.gov.vn, fax: 04.38246953 – 04.38240132)
5. Be suggested to write full name and telephone number
of the person in charge of answering the report in details at the State Bank of
Vietnam’s requirement.