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THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
711/2001/QD-NHNN
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Hanoi,
May 25, 2001
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DECISION
PROMULGATING THE REGULATION ON THE OPENING OF LETTER OF
CREDIT FOR IMPORTING GOODS WITH DEFERRED PAYMENT
THE STATE BANK GOVERNOR
Pursuant to Law No.01/1997/QH10 on the State
Bank and Law No.02/1997/QH10 on Credit Institutions;
Pursuant to the Government’s Decree No.15/CP of March 2, 1993 stipulating the
tasks, powers and management responsibilities of the ministries and
ministerial-level agencies;
Pursuant to the Government’s Decree No.90/1998/ND-CP of November 7, 1998
promulgating the Regulation on management of foreign loan borrowing and debt
repayment;
At the proposal of the director of the Foreign Exchange Management Department
of the State Bank of Vietnam,
DECIDES:
Article 1.- To
promulgate together with this Decision the "Regulation on the opening of
letter of credit for importing goods with deferred payment".
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision
No.207/QD-NH7 of July 1, 1997 promulgating the Regulation on opening of letter
of credit for importing goods with deferred payment.
Article 3.- The director
of the Office, the heads of the units of the State Bank, the managing board
chairmen and the general directors (directors) of banks shall, within the ambit
of their functions, tasks and powers, have to implement this Decision.
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STATE BANK GOVERNOR
Le Duc Thuy
REGULATION
ON OPENING OF LETTER OF CREDIT FOR IMPORTING GOODS
WITH DEFERRED PAYMENT
(Promulgated together with Decision No. 711/2001/QD-NHNN of May 25, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- Settlement
by means of deferred payment letter of credit (hereinafter referred to as
"deferred payment L/C operation") is a mode of term documentary
credit settlement performed by banks in service of goods import by enterprises.
Article 2.- Banks that
perform deferred payment L/C operation include the State commercial banks,
investment banks, development banks, joint stock commercial banks, policy
banks, joint-venture banks, branches of foreign banks in Vietnam and banks of
other types (hereinafter called "banks"), which are established and
operate under the Law on Credit Institutions and meet all the conditions
prescribed in Article 6 of this Regulation.
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Article 4.- The opening
of deferred payment L/C for importing goods must be compliant with:
1. The State’s import policy;
2. The State’s current regulations related to
the foreign loan borrowing and debt repayment, loan security and the provisions
of this Regulation.
3. The Uniform Practice Rules on Documentary
Credit of the International Chamber of Commerce (upon the version chosen by
banks for implementation).
Article 5.- The opening
of deferred payment L/C for importing goods items designated by the Prime
Minister shall be effected under his/her directions.
Chapter II
CONDITIONS FOR AND SCOPE
OF DEFERRED PAYMENT L/C OPERATION
Article 6.- To be
allowed to undertake deferred payment L/C operation, banks must fully meet the
following conditions:
1. Being licensed to provide international
settlement services;
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3. Having specific written regulations on
criteria for determining enterprises’ financial capabilities to ensure the L/C
settlement within the committed time limit.
Article 7.- Upon opening
deferred payment L/Cs for enterprises, banks must ensure that:
1. The balance of deferred payment L/C opened by
a bank for one client (including money amount of deferred payment L/C already
opened by the bank but not yet paid to the beneficiary) must lie within the
limits of the total guarantee balance of the credit institution for one client
according to the provisions of the Regulation on bank guarantee.
2. The balance of deferred payment L/C opened by
banks for their clients must lie within the limits of the total guarantee level
set by the State Bank in the Regulation on bank guarantee.
Article 8.- Banks shall
consider the opening of short-term deferred payment L/C (with a term of up to
one year) for enterprises when the latter fully meet the following conditions:
1. Having financial capabilities to ensure the
L/C settlement within the committed time limit according to the banks’
regulations.
2. Making written commitments with banks on the
schedule for transfer of money to banks, so that the latter make payments to
foreign countries. Such a money transfer schedule must conform with the banks’
obligation to make payments to foreign countries with regard to the
to-be-opened L/C.
3. At the time of applying for L/C opening:
Making no breach of the commitment on transfer of settlement money to banks, so
that the latter make payments to foreign countries with regard to previously
opened deferred payment L/Cs; owing no debt to banks in cases specified in
Clauses 1 and 2, Article 13 of this Regulation.
4. Having lawful security (in one or several
forms such as: deposit, pledge or property mortgage, or guarantee by a third party)
for the opening of deferred payment L/C at banks’ requests.
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Article 9.- Banks shall
consider the opening of medium- and long-term deferred payment L/Cs (with a
term of over one year) for enterprises when the latter fully meet the following
conditions:
1. Those prescribed in Clauses 1, 2, 3 and 4,
Article 8 of this Regulation.
2. Obtaining the State Bank’s written
certification that they have registered for foreign loan borrowing and debt
repayment.
Chapter III
DEPOSIT, PLEDGE,
MORTGAGE, GUARANTEE AND SETTLEMENT
Article 10.- Before
opening deferred payment L/Cs for enterprises, the general directors
(directors) of banks or competent persons defined by the banks shall, depending
on the actual production and/or business situation, financial capabilities and
prestige of each enterprise and characteristics of import goods, reach
agreements with enterprises on the application of one or several security measures
(deposit, pledge, property mortgage, guarantee) and decide on the secured value
which enterprises must provide. The application of the security measure being
deposit for opening of deferred payment L/C shall be effected in compliance
with the provisions of Article 11 of this Regulation.
Article 11.- Regarding
the security measure being deposit for opening of deferred payment L/C:
1. Basing himself/herself on the actual
situation and the State’s goods import policy, when necessary, the State Bank
Governor shall decide the minimum deposit level for goods items on the list of
goods restricted from import promulgated by the Government for each period.
2. Enterprises are not allowed to make deposits
with bank loans or capital amounts currently guaranteed by banks.
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Article 13.-
Enterprises shall be responsible for transferring money to banks strictly
according to the commitments between enterprises and banks for making payments
to foreign countries on time. Banks shall be responsible for making payments to
foreign countries according to their own commitments.
If enterprises fail to transfer money (the whole
or part) to banks according to commitments, the banks shall still have to
perform their obligation to make payments to foreign countries and be entitled
to make client debit entries as from the date of payment, and in the following
cases, the banks may make their decisions:
1. In cases where enterprises fail to transfer
money (the whole or part) to banks strictly according to the commitments due to
objective reasons, the banks shall, on their own conditions, make debit entries
against enterprises with a credit interest rate applicable to undue debts and
decide the debt repayment time limits as follows:
a/ For short-term deferred payment L/C, the
maximum debt repayment time limit shall be equal to one production or business
cycle but must not exceed 12 months after the banks make payments to foreign
countries, except for special cases where the State Bank Governor permits or
authorizes the banks to consider and decide it;
b/ For medium-and long-term deferred payment
L/C, the maximum debt repayment time limit shall be equal to half of the term
of deferred payment L/C after the banks make payments to foreign countries,
except for special cases where the State Bank Governor permits or authorizes
the banks to consider and decide it.
2. Banks shall debit or transfer over-due debts,
and at the same time apply the over-due debt interest rate as prescribed by the
State Bank Governor at the time of debiting or transferring over-due debts and
take necessary measures to recover debts according to the provisions of law in
the following cases:
a/ Enterprises fail to transfer money (the whole
or part) to banks according to the commitments due to subjective reasons of
enterprises.
b/ Enterprises fail to fulfill the debt
repayment obligation within the time limit decided by banks according to the
provisions in Clause 1 of this Article.
3. Right after debiting debts, over-due debts or
transferring over-due debts for enterprises under the conditions prescribed in
Clause 1 or Clause 2 of this Article, banks shall have to promptly notify such
in writing to enterprises.
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COMPETENCE TO SIGN
DEFERRED PAYMENT L/C AND CHARGE LEVELS FOR DEFERRED PAYMENT L/C OPERATION
Article 14.- Banks
shall prescribe competence to decide the opening of deferred payment L/C in
their own systems in compliance with the current law provisions.
Article 15.- Charge
levels for deferred payment L/C operation (value added tax not yet included):
1. The total charge for L/C opening and charge
for document examination shall be at most equal to 2%/year calculated on the
value and within the term of the opened L/C.
2. Charge for payment acceptance shall be at
most equal to 2%/year calculated on the money amount accepted for payment but
not yet paid to the beneficiaries, and within the period from payment
acceptance to the payment deadlines.
3. Charge for transfer of money abroad when
settling L/C prescribed by banks in compliance with Vietnam State Bank’s
regulations on collection of charges for via-bank payment services.
4. Charge for L/C modification, electricity and
telex and other reasonable charges (if any) prescribed by banks.
Chapter V
INSPECTION, EXAMINATION
AND HANDLING
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1. Banks shall submit to the inspection and/or
examination by the State Bank;
2. Enterprises shall submit to the inspection
and/or examination by banks;
3. Enterprises shall submit to the inspection by
the State Bank of the situation of foreign loan borrowing and debt repayment in
form of opening letters of credit for importing goods with deferred payment
according to the current regulations on foreign loan borrowing and debt
repayment by enterprises.
The inspected or examined banks and enterprises
shall have to supply all data and vouchers related to the performance of
deferred payment L/C operation in service of the above-said inspection or
examination. The inspection and examination must be conducted in strict
compliance with law provisions.
Article 17.-
Organizations and individuals that violate the provisions of this Regulation
shall, depending on the nature and seriousness of their violations, be
disciplined, administratively handled or examined for penal liability. If
damage is caused, compensation therefor must be made according to the law
provisions.
Chapter VI
REPORTING REGIME
Article 18.-
Periodically, banks shall have to send to the State Bank (the Foreign Exchange
Management Department) and the State Bank’s branches in provinces and
centrally-run cities where they are located reports made according to the
current regulations on reports on foreign loan borrowing and debt repayment
(including deferred payment L/C operation).
Article 19.- The State
Bank’s provincial/municipal branches shall report to the State Bank (the
Foreign Exchange Management Department) according to the following regulations:
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2. To comply with the current regulations on
reports on foreign loan borrowing and debt repayment (including deferred
payment L/C operation).
Chapter VII
CLAUSE ON SUPPLEMENT AND
AMENDMENT
Article 20.- The
supplement and/or amendment to this Regulation shall be decided by the State
Bank Governor.