Headlines 08/10/2022 17:36 CH

Registration for changes of foreign loans in Vietnam

Uyên Vũ

The State Bank of Vietnam promulgated Circular No. 12/2022/TT-NHNN dated September 30, 2022 providing instructions on foreign exchange administration in respect of taking and repaying foreign loans of enterprises.

According to the Circular, a borrower must register changes of foreign loans with the State Bank of Vietnam if it makes any changes related to the loans mentioned in the written confirmation of the registration or the written confirmation of registration for changes of foreign loans of the State Bank of Vietnam, except for:

- Changes in time for capital withdrawal and principal repayment within 10 working days in comparison with the plan confirmed by the State Bank of Vietnam;

- Changes in address of the borrower excluding name of province/city where its headquaters is located;

- Changes of the lender or information related to the lender about syndicated loans with appointment of a representative of lending parties, unless the lender is also the representative of the lending parties and the changes also lead to changes in the role of the representative of the lending parties;

- Changes of trading name of the bank providing account services and the bank serving secured transactions;

- Changes in plans for repayment of loan interests/fees in comparison with the plan confirmed by the State Bank of Vietnam without changes in methods for determination of interests and fees prescribed in the loan agreement.

- Changes in the amount of capitals withdrawn or principal loans, interests and fees repaid up to 100 units of the foreign currency compared to the registered amount.

- Changes in the actual amount of capitals withdrawn and principal repaid in a specific period that is less than the amount mentioned in the plan for capital withdrawal and dept repayment.

Circular No. 12/2022/TT-NHNN comes into force from November 15, 2022 and replaces Circular No. 03/2016/TT-NHNN, Circular No. 05/2016/TT-NHNN and Circular No. 05/2017/TT-NHNN.

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Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to mailto:[email protected].

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