ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC

Do you know that when Vietnamese businesses borrow from foreign banks or credit institutions, they have to register their foreign loans with the central bank? If you’re interested in learning about the registration process, keep reading!

THỦ TỤC ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC

Before diving into the details, it’s important to note that the State Bank of Vietnam provides detailed instructions on the registration and amendment of foreign loans. Let’s explore the two main procedures.

Đăng ký Khoản vay nước ngoài với Ngân hàng nhà nước (SBV)

This procedure includes the registration of medium-term and long-term foreign loans. Additionally, it covers short-term loans with no extension contract that still have outstanding debt within one year from the first disbursement. It also applies to short-term loans that have been extended beyond one year.

Đăng ký thay đổi khoản vay nước ngoài với Ngân hàng nhà nước (SBV)

If you need to make changes to your existing foreign loan, you will have to register with the central bank. However, the borrower only needs to write a letter and inform the State Bank of Vietnam of specific changes, such as creditor information, trade names of service account providers, the borrower’s main office address, and changes within ten days after approval from the central bank, regarding loan repayment, capital disbursement plans, and actual fees.

In general, the registration process for foreign loans involves document preparation, submission, and obtaining the registration result.

It’s crucial to submit the necessary documents within 30 days to avoid negative consequences and unnecessary penalties. The starting date varies depending on the type of foreign loan.

Cách đăng ký các khoản vay nước ngoài tại Ngân hàng nhà nước

There are two methods available for registration:

1. Đăng ký trực tuyến
2. Đăng ký trực tiếp

Các tài liệu cần thiết để đăng ký khoản vay nước ngoài

To register your foreign loan, you will need the following documents:

• Đăng ký khoản vay nước ngoài
• Specific borrowing purposes in written form
• Business registration certificate or investment registration certificate
• Foreign loan agreement
• Loan collateral in the form of a letter or contract
• Written approval from the competent authority
• Compliance report with the State Bank’s regulations
• Confirmation from the service account provider
• Loan interest invoices in Vietnamese Dong (VND)
• Explanation of foreign capital needs in VND

Quy trình đăng ký khoản vay nước ngoài

You will be informed by the State Bank of Vietnam about the registration success or failure within specific deadlines upon receiving a complete and valid application:

• 12 working days for online registration
• 15 working days for in-person registration
• 45 working days for VND-denominated foreign loans

→ Below are the detailed procedures related to these two processes.

1. ĐĂNG KÝ KHOẢN VAY MỚI VỐN NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC

To properly follow the regulations, here are some legal documents that should be considered:

• Decree No. 219/2013/ND-CP dated December 26, 2013, on the management of foreign borrowing and repayment by enterprises without government guarantees.
• Circular No. 12/2014/TT-NHNN dated March 31, 2014, of the State Bank of Vietnam on the conditions for borrowing foreign loans by enterprises without government guarantees.
• Circular No. 03/2016/TT-NHNN dated February 26, 2016, of the State Bank of Vietnam, which provides detailed guidance on foreign exchange management for borrowing and repayment of foreign loans by enterprises. Circular No. 05/2017/TT-NHNN amends and supplements some provisions of Circular No. 03/2016/TT-NHNN.

Trình tự, thủ tục đăng ký khoản vay nước ngoài

1. Khoản vay phải thực hiện đăng ký (Article 9, Circular No. 03/2016/TT-NHNN):

   • Medium-term and long-term foreign loans.
   • Short-term loans that are extended but still have outstanding principal after one year from the first disbursement, except when the borrower completes the loan repayment within 10 days after one year from the first disbursement.

2. Thỏa thuận vay nước ngoài để thực hiện đăng ký khoản vay (Article 11, Circular No. 03/2016/TT-NHNN):

   • Agreements with non-resident creditors that establish repayment obligations for the borrower or debt instruments issued by residents to non-residents.
   • In cases of on-lending, the agreement should be based on a framework agreement.

3. Trình tự thực hiện thủ tục đăng ký khoản vay (Article 13, Circular No. 03/2016/TT-NHNN):

   • Step 1: Prepare the documents and submit them to the authorized agency online or in person.
   • Step 2: The State Bank of Vietnam will provide confirmation or refusal of the loan registration. If the registration is refused, the State Bank will provide a clear reason.
   • Step 3: The State Bank of Vietnam or its branch will verify the documents, update the processing status on the website, or generate a loan code and store the information in the database for foreign borrowing and repayment by enterprises without government guarantees.

4. Hồ sơ đăng ký khoản vay nước ngoài (Article 14, Circular No. 03/2016/TT-NHNN):

   • Loan registration form
   • Certified copies of legal documents of the borrower or the capital user
   • Certified true copies or originals of documents proving the specific borrowing purposes

   For VND-denominated loans:

   • Certified true copies and Vietnamese translations of the foreign loan agreement and the short-term loan extension agreement (if any) or the disbursement request letter based on the framework agreement
   • Certified true copies and Vietnamese translations (with confirmation from the borrower) of the commitment letter for loan guarantees
   • Confirmation from the service account provider (in some cases specified in Article 8, Circular No. 03/2016/TT-NHNN)
   • Written documents, evidence of lawful profit in Vietnamese Dong from the direct investment activities of the non-resident creditor contributing capital to the borrower, and confirmation from the service account provider regarding the remittance and distribution of profits to Vietnam to demonstrate disbursement for VND-denominated loans according to current regulations on the conditions for borrowing VND-denominated foreign loans
   • Explanation of foreign capital needs in VND, which must be approved by the Governor of the State Bank of Vietnam according to current regulations of the State Bank on the conditions for borrowing VND-denominated foreign loans

   Note: All certified copies must be confirmed by the borrower.

5. Thời hạn:

   • Submission deadline: 30 days
   • Confirmation or refusal of loan registration by the State Bank of Vietnam within the following time limits:
     • 12 working days for online registration
     • 15 working days for in-person registration
     • 45 working days for VND-denominated foreign loans

   The above deadlines apply when the application is complete and valid.

6. Lệ phí: None

2. THỦ TỤC ĐĂNG KÝ THAY ĐỔI KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC

To change your existing foreign loan, follow the instructions provided by the State Bank of Vietnam.

Thủ tục đăng ký thay đổi khoản vay nước ngoài với Ngân hàng nhà nước

For any changes to your foreign loan without government guarantees, you need to register with the State Bank of Vietnam. This includes changes in creditor information, trade names of service account providers, the borrower’s main office address, or other specific changes. Remember to inform the State Bank within ten days after approval regarding loan repayment, capital disbursement plans, and actual fees.

LƯU Ý KHI ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC

Here are a few important points to keep in mind before registering your foreign loan with the central bank:

• The registration process must be completed within 30 days.
• Failure to submit the necessary documents on time may result in negative consequences and penalties, so be sure to adhere to the deadlines.
• Remember to follow the guidelines and requirements provided by the State Bank of Vietnam.

If you have any questions or need assistance with the registration process, feel free to contact EzCash.vn. Our team of experts is ready to help you navigate through the procedures successfully.

To learn more about EzCash.vn, click here.