Amendments to foreign loan purposes without the Government's guarantee by credit institutions are detailed in Circular 19/2024/TT-NHNN dated June 28, 2024, which amends Circular 08/2023/TT-NHNN stipulating conditions for foreign loan purposes without the Government's guarantee, issued by the Governor of the State Bank of Vietnam.
The Circular 19/2024/TT-NHNN has amended Article 14 of Circular 08/2023/TT-NHNN regarding the foreign loan purposes without the Government's guarantee by credit institutions or foreign bank branches as follows:
The borrower may take short, medium, and long-term foreign loans for the following purposes:
Supplementing capital sources to serve credit activities according to the credit growth of the borrower;
Restructuring foreign debt of the borrower;
Making payments to beneficiaries through reimbursement banks under the deferred payment letter of credit transactions with the terms of payment on-demand or earlier than the letter of credit’s maturity, as per the current legal regulations on letter of credit business and other relevant business activities.
Except for the case specified at point c Clause 1 Article 14 of Circular 08/2023/TT-NHNN (as amended in Circular 19/2024/TT-NHNN), the borrower, when taking medium and long-term foreign loans, must prove the purpose of the foreign loan through:
The plan for using foreign loan capital as stipulated in Clause 2 Article 7 of Circular 08/2023/TT-NHNN in cases where the purpose stated in point a Clause 1 Article 14 of Circular 08/2023/TT-NHNN (as amended in Circular 19/2024/TT-NHNN) is to be implemented;
The debt restructuring plan as stipulated in Article 8 of Circular 08/2023/TT-NHNN in cases where the purpose stated in point b Clause 1 Article 14 of Circular 08/2023/TT-NHNN (as amended in Circular 19/2024/TT-NHNN) is to be implemented.
More details can be found in Circular 19/2024/TT-NHNN, effective in Vietnam from July 1, 2024.
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