What is an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
- What is an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
- How to fill out information in the application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
- How to prepare an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
What is an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
Currently, when enterprises carry out procedures to register foreign loans that are not guaranteed by the Government, they must prepare loan registration documents.
In the loan application file, it is mandatory for enterprises to prepare an application for foreign loans that are not guaranteed by the Government.
The application form for registration of a foreign loan of an enterprise that is not guaranteed by the Government is specified in Appendix 01 issued with Circular 12/2022/TT-NHNN as follows:
Download the application form for foreign loans of enterprises not guaranteed by the Government: Click here.
What is an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
How to fill out information in the application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
(1) Specify and send it to the Foreign Exchange Management Department or the branch of the State Bank of the province or city under central authority (according to the authority specified in Article 20 of this Circular).
(2) Enter the type of borrower according to the following categories:
- For the corporate sector (excluding credit institutions, foreign bank branches):
+ State-owned enterprises: Enterprises in which 100% charter capital is held by the State (SOE); enterprises held by the State from 50% to less than 100% of charter capital (S50).
+ Foreign-invested enterprises: Enterprises with foreign ownership ratio from 51% to 100% of charter capital (F51); Enterprises with 10% to less than 51% of foreign investment capital (F10).
+ Other businesses: Cooperatives, Unions of cooperatives, Other enterprises (KHA)
- For credit institutions, foreign bank branches:
+ Commercial banks with foreign investment capital: Joint venture banks, commercial banks with 100% foreign capital; non-bank credit institutions with more than 50% foreign capital, foreign bank branches (FFI).
+ State-owned credit institutions: Credit institutions with more than 50% of charter capital owned by the State (SFI)
+ Other credit institutions: OFI
(3) Specify the contents of the type of legal dossier: number, date of issue, issuing authority, and amendment and supplement documents (if any).
Depending on each borrower, these types of legal documents include: Establishment Decision, Establishment License, Business Registration Certificate, Business Registration Certificate, Investment Certificate, Certificate receive investment registration, Cooperative and Union of Cooperatives registration papers of the borrower in accordance with the law.
(4) List only the main business activities and business lines recorded in the business registration certificate, establishment license, company charter, etc. related to the project, product plan. business activities using capital from foreign loans.
(5) The applicable exchange rate specified in Clause 3, Article 20 of this Circular (the accounting rate announced by the Ministry of Finance and applied at the time of signing foreign loan agreements or foreign loan change agreements) ).
(6) Enter the exact name of the lender. In case a syndicated loan does not have a representative of the lenders (or the representatives of the lenders are not responsible for receiving/transferring money to the borrower), specify the information in this section for each lender. loans, the lender notes the majority.
In the case of a syndicated loan, the representatives of the lenders and the representatives of the lenders will be responsible for acting as the focal point for payment and remittance related to the loan (specific lenders do not directly transfer/receive money): write the information of the representatives of the lenders.
In the case of a loan in the form of an unregistered debt instrument issue, information about the lender is replaced by information about the party acting as an issuing agent, trust agent, etc., depending on the structure. release.
(7) Types of lenders are listed in the following sub-categories: (i) Parent company, subsidiary companies under the parent company; (ii) Credit institutions; (iii) Financial Fund; (iv) Other international financial institutions; (v) Other subjects.
(8) List only the related parties to whom the money flows between the borrower and these related parties. In case there are agents but there is no direct cash flow to those agents, it is not mentioned in this section.
Note that related parties may be businesses divided or separated from the original borrower but are still jointly responsible for the loan performance according to the agreement on joint liability between the lender and the borrowers. the party being divided or separated from the original borrower.
(9) Specify the purpose of using foreign loans in accordance with regulations on foreign loan conditions such as: (i) implementation of investment projects; (ii) increase the scale of business capital according to the loan use plan; (iii) restructuring foreign debt,...
In case the borrower uses the loan for many purposes, the borrower is required to specify the amount of money used from the specific foreign loan for each borrowing purpose.
(10) In case the purpose of borrowing is to implement an investment project: A written approval of investment policies from a competent authority, an investment registration certificate in accordance with investment regulations; ...
In case the loan purpose is to increase the capital size according to the plan on using foreign loans: write the plan on using foreign loans approved by the competent authority; In case the purpose of borrowing is to restructure foreign debt: write the plan on structuring foreign debt approved by a competent authority.
(11) Specify the authority approving the capital use plan and refer to the regulations on the approving authority:
- Proving that the use of capital is not subject to the application for an Investment Registration Certificate in accordance with the regulations on investment (fully citing the provisions of the law).
- Referring to legal regulations and regulations in the borrower's charter to prove the authority to approve the capital use plan.
(12) Enter: (i) Borrowing in cash: including borrowing directly in cash or through a loan entrustment contract with a non-resident entrusting party; (ii) Borrowing through the issuance of debt instruments (excluding international bonds); (iii) Borrowing through the form of finance lease.
(13) Specify the fee paid domestically for residents and fees paid abroad for non-residents.
(14) The enterprise calculates the estimated borrowing cost of the loan at the time of loan application submission. Foreign borrowing costs are the total costs converted as an annual percentage of the loan turnover, including the costs of the loan calculated according to the provisions of the Circular on conditions for foreign loans of the borrowers. enterprises are not guaranteed by the Government.
(15) The capital withdrawal plan is consistent with the loan agreement. If the loan agreement does not stipulate a specific capital withdrawal plan, based on the borrower's production and business plan and the borrower's capital needs in accordance with the loan agreement, the borrower shall take the initiative in recording the project capital withdrawal plan. detailed views by month or quarter or 6 months or year.
(16) Debt repayment plan in accordance with the loan agreement. In case the loan agreement does not specify a specific debt repayment plan, within the scope of the commitments in the loan agreement, the expected production and business plan and the borrower's and borrower's ability to balance capital sources to repay the loan. loan, detailed repayment plan by month or quarter or 6 months or year.
(17) Specify the interest payment period and the time to start paying interest.
(18) Currently, the Circular does not stipulate the submission of security agreements, therefore, the reference to the provisions on secured transactions will be based on the relevant provisions in the loan agreement.
(19) Refer to the provisions of Chapter V of this Circular.
Accordingly, in the application form for foreign loans of enterprises that are not guaranteed by the Government, there will be sections numbered ordinal.
Based on the ordinal number to fill in the information according to the content of the instructions above.
How to prepare an application form for a foreign loan of an enterprise that is not guaranteed by the Government of Vietnam?
Pursuant to Clause 1, Article 15 of Circular 12/2022/TT-NHNN has the following provisions:
Procedure to apply for a loan
1. Preparation of Application for Registration of Foreign Loans Not Guaranteed by the Government:
a) Where the borrower has declared loan information on the Website before submitting the application for foreign loan registration: the borrower prints the Application from the Website, signs and stamps it;
b) In case the borrower fails to declare loan information on the Website before submitting the application: the borrower completes the application for registration of foreign loans according to Appendix 01 issued with this Circular.
Thus, the preparation of application for foreign loan application is carried out in accordance with the above provisions.
LawNet
