THE STATE BANK OF VIETNAM
Circular No. 22/2013/TT-NHNN dated September 24, 2013 of the State bank of Vietnam on guiding procedures for registration and change registration of foreign loan and international bond issuance guaranteed by the Government
Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Public Debt Management No. 29/2009/QH12 dated June 17, 2009;
Pursuant to the Ordinance on foreign exchange control No. 28/2005/PL-UBTVQH11 dated December 13, 2005;
Pursuant to the Government's Decree No. 90/2011/ND-CP dated October 14, 2011 on issuance of corporate bonds;
Pursuant to the Government's Decree No. 15/2011/ND-CP dated February 16, 2011 on provision and management of Government guarantee;
Pursuant to the Government’s Decree No. 96/2008/ND-CP dated August 26, 2008, defining the functions, tasks, powers and organizational structure of the State bank of Vietnam;
At the proposal of the Director of Department for Foreign Exchange Management;
The Governor of the State bank of Vietnam promulgates Circular guiding procedures for registration and change registration of foreign loans and issue of international bonds guaranteed by Government,
Article 1. Scope of adjustment
The Circular provides procedures for registration and change registration of foreign loans and of international bond issuance guaranteed by the Government, the reporting regulations applicable to borrowers and issuers of international bonds guaranteed by Government.
Article 2. Subjects of application
Subjects of application in this Circular include:
1. Borrowers, issuers of international bonds guaranteed by Government prescribed in the Government’s Decree No. 15/2011/ND-CP dated February 16, 2011 on provision and management of Government guarantee (hereinafter referred to as borrowers).
2. Organizations and individuals concerning the procedure execution for registration and change registration of foreign loans and of international bond issuance guaranteed by Government.
Article 3. Registration procedures of foreign loans and issuance of international bonds guaranteed by Government
1. Submited dossier to confirm registration of foreign loans and issuance of international bonds consists of:
a) The registration application of foreign loans (according to Annex 1A enclosed with this Circular) or registration application of international bond issuance (according to Annex 1B enclosed with this Circular);
b) Legal dossier of borrower includes: Copies authenticated from original permit or Decision on establishment of the borrower, or Registration License or Investment License as prescribed by law and amending documents (if any);
c) Copy of Letter of Guarantee by the Ministry of Finance (Certified by lawful authorized representative of the borrower);
d) Copy of written approval by competent authorities as prescribed by law for investment projects or for the business and production plan using capital mobilized from foreign loans or issuance of international bonds;
e) Copies of the following documents in foreign language and Vietnamese translations of such documents (Certified by lawful authorized representative of the borrower for accuracy of copies and translations):
- Signed contract of foreign borrowing; or
- Contracts pertaining to issuance schedule of international bonds (Under structure of issuance schedule).
