Sample of Application for registration of changes of foreign loan not guaranteed by the government of Vietnam
I want to ask for the sample of Application for registration of changes of foreign loan not guaranteed by the government of Vietnam, sample of Report on arrangement of short-term foreign loan and debt repayment not guaranteed by the government of Vietnam, sample of Report on arrangement of medium and long-term foreign loans and debt repayment not guaranteed by the government of Vietnam.
Thank you!
Sample of Application for registration of changes of foreign loan not guaranteed by the government of Vietnam
Pursuant to Appendix 04 of the Circular 12/2022/TT-NHNN (takes effect from 15/11/2022) stipulating sample of Application for registration of changes of foreign loan not guaranteed by the government of Vietnam as follows:
|
BORROWER’S NAME |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. …………… |
[Location]……, [date]………………. |
APPLICATION FOR REGISTRATION OF CHANGES OF FOREIGN LOAN NOT GUARANTEED BY THE GOVERNMENT
To: The State Bank of Vietnam1
- Pursuant to the Government's Decree No. 219/2013/NĐ-CP dated December 26, 2013 on management of enterprise’ s foreign borrowing and repayment of foreign debts which are not guaranteed by the Government;
- Pursuant to Circular No. 12/2014/TT-NHNN dated March 31, 2014 of the State Bank of Vietnam on requirements for taking out foreign loans applied to enterprises not guaranteed by the Government and amending and replacing documents (if any);
- Pursuant to Circular No. …/2022/TT-NHNN dated ……… of the Governor of the State Bank of Vietnam on instructions on foreign exchange administration in respect of foreign borrowing and foreign debt repayment of enterprises;
- Pursuant to the foreign loan agreement signed between the parties dated…………;
- Pursuant to the revised foreign loan agreement signed between the parties dated…………; (if any);
The borrower, the undernamed, hereby registers changes of the foreign loan with the State bank of Vietnam as follows:
I. THE BORROWER:
1. The borrower’s name: …………………………………………………………………………
2. TIN (Taxpayer Identification Number): ……………………………………………………………………………………..
3. Code of loan: ………………………………………………………………………………
4. Number and date of confirmation of the registration of the foreign loan issued by the State bank of Vietnam;
5. Number and date of confirmation of registration of changes of the foreign loan issued by the State bank of Vietnam (list all confirmations of registration of changes available in chronological order);
II. CHANGES IN DETAILS:
1. Change description 12 ………………………………………………………………………..:
- Original information: …………………………………………………………………………….
- New information: …………………………………………………………………………………
Reason for change: ………………………………………………………………………………
2. Change description n3: ………………………………………………………………………..
* Notes: clarify terms of reference in the agreement on changes as to each of change (if any).
III. EXPLANATION FOR THE CASE OF NO AGREEMENT ON CHANGES
…………………………………………………………………………………………………………
IV. PROPOSAL:
[Borrower’s name] requests the State Bank to confirm that the [borrower’s name] has registered changes of the foreign loan with the State Bank.
V. COMMITMENT
1. The representative of the borrower whose signature is appended hereto is committed to take responsibility for the accuracy of information stated in the Application form of changes of the foreign loan and documents enclosed thereto.
2. [Borrower’s name] is committed to comply with regulations of law in Vietnam, regulations of Decree No. 219/2013/ND-CP dated December 26, 2013 of the Government on management of borrowing and repayment of foreign loans of enterprises that are not guaranteed by the Government; Circular No. 12/2014/TT-NHNN dated March 31, 2014 of the State Bank of Vietnam on requirements for taking out foreign loans applied to the businesses not guaranteed by the Government and amending and replacing documents (if any); Circular …/2022/TT-NHNN dated ……… of the Governor of the State Bank of Vietnam on instructions on foreign exchange administration in respect of foreign borrowing and foreign debt repayment of enterprises and relevant legislative documents.
|
|
LEGAL REPRESENTATIVE OF THE BORROWER
|
|
Contact: Officer in charge: ………………………………………. Phone number: …………………… Fax: …………………… Transaction address (or mailing address): |
Guidelines for certain contents in the Application for registration of changes of foreign loans not guaranteed by the Government
________________________
1 Clarify that the document is to be sent to Department of foreign exchange management or a Branch of the State Bank of province or centrally-affiliated city (the agency that has the authority to approve the loan amount requested by the borrower).
2 Clarify information to be changed, i.e.
1. Change of creditor:
- Original creditor: ……………………………………………………………………………
- New creditor: ……………………………………………………………………………….
In case of changes of the plan for loan proceed withdrawal, plan for debt repayment, but the loan agreement does not stipulate these plans, after considering the production and business plan as well as the capital demand of the borrower consistent with the loan agreement, the borrower shall proactively provide the proposed detailed withdrawal plan on a monthly, quarterly, biannual or annual basis.
3 In case there are multiple changes, the borrower shall specify each change in the same manner as the instructions mentioned above.
Sample of Report on arrangement of short-term foreign loan and debt repayment not guaranteed by the government of Vietnam
Pursuant to Appendix 05 of the Circular 12/2022/TT-NHNN (takes effect from 15/11/2022) stipulating sample of Report on arrangement of short-term foreign loan and debt repayment not guaranteed by the government of Vietnam as follows:
|
The borrower’s name: ……………………………………… Phone number: ……………………………… |
Address: ……………………………………… Type of business entity of the borrower: ……………………………………… |
REPORT ON ARRANGEMENT OF SHORT-TERM FOREIGN LOAN AND DEBT REPAYMENT NOT GUARANTEED BY THE GOVERNMENT
(Month…year…)
Unit: in thousand USD
|
Type of loan: |
Reporting period |
Next period plan |
|||||||||||
|
Outstanding balance at beginning of period |
Arising during the period |
Outstanding balance at the end of period |
Withdrawal of loan proceed |
Principal repayment |
Interest repayment |
||||||||
|
Total |
of which overdue |
Withdrawal of loan proceed |
Principal repayment |
Interest repayment |
Changes (*) |
Total |
of which overdue |
Total |
Of which, foreign currency sold to credit institution |
Total |
Of which, foreign currency purchased from credit institution |
|
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
1. Total loan in cash, in which: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
- Borrowing from the parent company and associates of the parent company |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
- Borrowing from other entities |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Total loans in goods, in which: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
- Borrowing from the parent company and associates of the parent company |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
- Borrowing from other entities |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
Notes: (*) Specify the reasons for the changes in Column 7 and the description (if any) ………………………………………………………………………………
|
|
|
[Location]……, [date]……… |
Instructions for making the report
1. Regulated entities: Residents being enterprises, cooperatives, unions of cooperatives, credit institutions and foreign bank branches that are established and doing business in Vietnam shall make reports on detailed arrangement of short-term foreign loans that are not guaranteed by the Government with outstanding debt balances in the reporting period.
2. Report submission deadline: No later than the 5th of the month immediately following the reporting month.
3. Form of report: Report in writing to the State Bank branch of province where borrower’s head office is located.
4. Recipient of report: The State Bank branch of province where borrower’s head office is located.
5. Instructions for making the report:
- Loans subject to the report are short-term foreign loans (with loan term up to 1 year). The loan term commences from the expected date of loan proceed withdrawal (receipt of money or customs clearance of goods) to the expected date of final repayment as specified in the loan agreement. As for a short-term foreign loan that is overdue but the borrower has arranged to repay the loan within 10 days from the anniversary of one year of the loan (thus not having to register the loan with the SBV), it will be reported as a short-term loan.
- The borrower sends a report to fill in the code of type of business entity of the borrower according to the categories as follows:
|
|
Type of business entity of the borrower |
Code |
|
|
Category of enterprises (excluding commercial banks, foreign bank branches) |
|
|
1 |
State-owned enterprises as defined in the Law on Enterprises 2015 |
SOE |
|
2 |
Enterprises with 50% to less than 100% of charter capital owned by the State |
S50 |
|
3 |
Enterprises with 51% to less than 100% of charter capital owned by foreign investors |
F51 |
|
4 |
Enterprises with 10% to 51% of charter capital owned by foreign investors |
F10 |
|
5 |
Other enterprises |
KHA |
|
|
Category of banks |
|
|
6 |
Joint venture banks, wholly foreign-owned banks, foreign bank branches |
FOB |
|
7 |
Other joint-stock commercial banks |
BAK |
The borrower fills in the line “Type of business entity of the borrower”
- Column 7 - Changes: Other increase/decrease of outstanding balance of the foreign loan in the reporting period but no cash flow is generated due to: (i) exchange rate fluctuations when converting from loan currency to USD between reporting periods; (ii) adjustment due to erroneous reporting in the previous period(s); (iii) converting short-term loans to medium-term and long-term loans; (iv) converting loan capital into contributed capital; (v) writing off debt;...
Column 7 receives the value (+) if it is generated, and the value (-) if it is incurred. The borrower clearly reports the item that gives rise to the difference
- Column 8 = Column 2 + Column 4 - Column 5 + Column 7
- Test formula: Column 2 of the reporting period = Column 8 of the preceding reporting period
Sample of Report on arrangement of medium and long-term foreign loans and debt repayment not guaranteed by the government of Vietnam
Pursuant to Appendix 05 of the Circular 12/2022/TT-NHNN (takes effect from 15/11/2022) stipulating sample of Report on arrangement of medium and long-term foreign loans and debt repayment not guaranteed by the government of Vietnam as follows:
|
The borrower’s name: ……………………………………… Phone number: ……………………………… |
Address: ……………………………………… Type of business entity of the borrower: ……………………………………… |
REPORT ON ARRANGEMENT OF MEDIUM AND LONG-TERM FOREIGN LOANS AND DEBT REPAYMENT NOT GUARANTEED BY THE GOVERNMENT
(Month…year…)
In thousand foreign currency units
|
The borrower’s name |
Details about the loan |
Reporting period |
Next period plan |
Account service provider |
|
|
|
|
|
|
|
||||||||||||
|
Maximum loan proceed |
Type of loan |
Guarantee |
Type of business entity of the creditor |
Outstanding balance at beginning of period |
Arising during the period |
Outstanding balance at the end of period |
Withdrawal of loan proceed |
Repayment |
Interest repayment |
|
|
|
|
|
|
|
|
||||||
|
Total |
of which overdue |
Withdrawal of loan proceed |
Principal repayment |
Interest repayment |
Changes (*) |
Total |
of which overdue |
|
|
|
|
|
|
|
|
|
|
|
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
|
|
|
|
|
|
|
|
I. Total value of foreign loans in the form of deferred payment (in thousand USD) |
|
|
|
|
|
|
|
||||||||||||||||
|
|
xxx |
|
|
|
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||||
|
II. Details of loans with other forms (not in the form of deferred payment) - in thousand foreign currency units |
|
|
|
|
|
|
|
||||||||||||||||
|
1. Loans in USD |
|
|
|
|
|
|
|
||||||||||||||||
|
… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
……… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Loans in EUR |
|
|
|
|
|
|
|
||||||||||||||||
|
… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
……… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Loans in … |
|
|
|
|
|
|
|
||||||||||||||||
|
… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
……… |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total in thousand USD of foreign loans in Section II. |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
xxx |
|
|
|
|
|
|
|
|
||||
Notes: (*) Specify the reasons for the changes in Column 11 and the description (if any) ………………………………………………………………………………
|
|
|
[Location]……, [date]………………. |
Instructions for making the report
1. Regulated entities: Residents being enterprises, cooperatives, unions of cooperatives, credit institutions and foreign bank branches that are established and doing business in Vietnam shall make reports on detailed arrangement of medium- and long-term foreign loans that are not guaranteed by the Government with outstanding debt balances in the reporting period.
2. Report submission deadline: No later than the 5th of the month immediately following the reporting month.
3. Form of report: Report in writing to the State Bank branch of province where borrower’s head office is located:
4. Recipient of report: The State Bank branch of province where borrower’s head office is located.
5. Instructions for making the report:
- The borrower sends a report to fill in the code of type of business entity of the borrower according to the categories as follows:
|
|
Type of business entity of the borrower |
Code |
|
|
Category of enterprises (excluding commercial banks, foreign bank branches) |
|
|
1 |
State-owned enterprises as defined in the Law on Enterprises 2015 |
SOE |
|
2 |
Enterprises with 50% to less than 100% of charter capital owned by the State |
S50 |
|
3 |
Enterprises with 51% to less than 100% of charter capital owned by foreign investors |
F51 |
|
4 |
Enterprises with 10% to 51% of charter capital owned by foreign investors |
F10 |
|
5 |
Other enterprises |
KHA |
|
|
Category of banks |
|
|
6 |
Joint venture banks, wholly foreign-owned banks, foreign bank branches |
FOB |
|
7 |
Other joint-stock commercial banks |
BAK |
- Column 3 “Type of loan”: Specify the code of loan type as follows:
|
No. |
Form of loan |
Code |
|
1 |
Borrowing in cash (including direct loans in cash or through loan entrustment contracts with non-residents) |
T |
|
2 |
Borrowing through import of goods with deferred payment |
H |
|
3 |
Borrowing through the issuance of debt instruments |
B |
|
4 |
Borrowing through financial leasing |
L |
- Column 4 "Guarantee": Specify the guarantor of the loan guarantee under the following symbol: Guaranteed by residents (R); Guaranteed by a non-resident (NR); Non-guaranteed loan (N).
- Column 5 “Type of business entity of creditor”: State the type of business entity of the creditor as follows: (i) the creditor is a parent company, a member company of the parent company (IN); (ii) the creditor is: A credit institution, international financial institution (CI); (iii) the creditor is: Other entities not falling into the above two categories (for syndicated loans, write according to the majority creditor) (KH).
- Column 11 "Change" adjusts the value of outstanding loans during the period but does not generate cash flows due to: (i) exchange rate fluctuations when converting from loan currency to USD between reporting periods; (ii) adjustment due to erroneous reporting in the previous period(s); (iii) converting short-term loans to medium-term and long-term loans; (iv) converting loan capital into contributed capital; (v) writing off debt;...
Column 11 receives the value (+) if it is generated, and the value (-) if it is incurred., the borrower clearly reports the details of the change.
- Column 12 = Column 6 + Column 8 - Column 9 + Column 11
- Test formula: Column 6 of the reporting period = Column 12 of the preceding reporting period
Best regards!
