Updated at 18/08/2023 - 09:50 pm
Where issued: | Bank | Effective date: | 15/08/2023 |
Date issued: | 31/06/2023 | Status: | Still validated |
STATE BANK VIETNAM | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No: 08/2023/TT-NHNN | Hanoi, date 30 month 6 year 2023 |
CIRCULARS
REGULATIONS ON FOREIGN LOAN CONDITIONS NOT GUARANTEE
Pursuant to the Law on the State Bank of Vietnam dated June 16, 6;
Pursuant to the June 16, 6 Law on Credit Institutions; Law amending and supplementing a number of articles of the Law on Credit Institutions dated November 2010, 20;
Pursuant to the December 13, 12 Ordinance on Foreign Exchange; Ordinance amending and supplementing a number of articles of the Ordinance on Foreign Exchange dated March 2005, 18;
Pursuant to the Government's Decree No. 219/2013/ND-CP dated December 25, 12 on management of foreign loans and repayment of enterprises not guaranteed by the Government;
Pursuant to Decree No. 102/2022/ND-CP dated November 12, 12 of the Government defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Foreign Exchange Management Department;
The Governor of the State Bank of Vietnam promulgates a Circular on conditions for foreign loans not guaranteed by the Government.
Chapter I
GENERAL RULES
Article 1. Scope
This Circular stipulates the conditions for foreign loans of borrowers not guaranteed by the Government.
Article 2. Subject of application
1. Residents being enterprises, cooperatives, unions of cooperatives, credit institutions and foreign bank branches established and doing business in Vietnam are foreign borrowers (hereinafter below) collectively referred to as the borrower).
2. Credit institutions, foreign bank branches in Vietnam where the borrower opens accounts for foreign borrowing and debt repayment (hereinafter referred to as account service providers).
Article 3. Explain words
In this Circular, the terms below are construed as follows:
1. Self-borrowing and self-paying foreign short-term loans (hereinafter referred to as short-term foreign loans) are foreign loans not guaranteed by the Government with a loan term of up to 01 year.
2. Self-borrowing and self-paying foreign medium- and long-term loans (hereinafter referred to as medium- and long-term foreign loans) are foreign loans that are not guaranteed by the Government with a loan term of more than 01 year.
3. Investment projects are projects that are granted investment certificates, investment registration certificates or written approval of investment policies by the competent authorities in accordance with the investment law and regulations. other provisions of relevant laws.
4. Other projects are projects that do not fall into the case of investment projects specified in Clause 3 of this Article.
5. Foreign borrowing costs are the total costs converted at an annual percentage based on the loan value, including foreign loan interest rates and other costs related to foreign loans that the party borrows. the borrower must pay the lender, loan guarantors, loan insurers, agents and other interested parties.
6. Foreign debt restructuring means the payment of existing foreign debts from new foreign loans.
7. Foreign loan in Vietnam dong means a foreign loan that can be withdrawn capital into the borrower's account for borrowing and paying foreign debt in Vietnam dong or the debt obligation of the loan is determined in Vietnam dong.
8. Debt obligation of a loan determined in Vietnam dong means that the loan is withdrawn in foreign currency but the debt receipt value under a foreign loan agreement is recorded in Vietnam dong at the foreign buying and selling exchange rate. currencies listed by a credit institution as agreed by the parties.
Article 4. Application of relevant laws
1. Borrowers who borrow foreign loans in the form of international bond issuance, in addition to meeting the borrowing conditions specified in this Circular, must comply with the law on offering corporate bonds to the international market. and other relevant laws and regulations.
2. The borrower being a state enterprise, in addition to meeting the loan conditions specified in this Circular, must comply with the law on management and use of state capital invested in production and business in Vietnam. enterprises and other relevant laws.
Article 5. Foreign loans in the form of goods import with deferred payment
1. Borrowers who borrow foreign loans in the form of importing goods with deferred payment are not required to comply with the conditions for foreign loans specified in this Circular.
2. The foreign borrower in the form of importing goods with deferred payment is responsible for complying with regulations on guiding foreign exchange management for borrowing and paying foreign debts of enterprises, and the provisions of law on foreign exchange. trade, foreign trade management and other relevant laws.
Article 6. Principles of using foreign loans
1. The borrower is fully responsible for the proper use of foreign loan capital for the lawful purposes specified in this Circular.
2. In case the loan has been withdrawn but has not been temporarily used for the lawful foreign borrowing purposes specified in this Circular, the borrower may use this money to deposit money at credit institutions. applications, foreign bank branches operating in Vietnam. The maximum term of each deposit is not more than 01 month.
Article 7. Plans for using foreign loans
1. Plan for using foreign loan capital is a production and business plan using foreign loans, which proves the legitimate and reasonable purposes and needs of foreign loans of the borrower. The borrower's plan for using foreign loans must be approved by a competent authority in accordance with the provisions of the Law on Investment, the Law on Enterprises, the Law on Credit Institutions, the Law on Cooperatives and the charter of the party. borrowing and other relevant provisions of law (hereinafter referred to as the approval authority in accordance with the law).
2. Basic contents of the plan for using foreign loans in case the borrower is a credit institution or foreign bank branch:
a) Name of the borrower, type of credit institution, own capital, address, License for establishment and operation of the credit institution or License for establishment of foreign bank's branch, foreign loan balance short, medium and long term up to the time of making the plan;
b) The borrower's business objectives, overall capital and foreign capital mobilization needs;
c) Information about the expected foreign loan;
d) Purpose of foreign loans: information about the group(s) of customers expected to be granted credit from foreign loans, expected interest rates, and expected loan terms;
dd) Scale of foreign loans: loan value, credit growth targets, credit growth situation up to the time of making the plan, compare the size of foreign loans with the remaining credit growth scale. at the end of the year or with the credit growth scale of the previous year in case there is no information on the credit growth target of the current year;
e) Measures to manage risks arising from foreign loans;
g) Competence to approve plans for use of foreign loans; competent authorities to approve, bases for determining approval competence;
h) Other contents (if any).
3. Basic contents of the plan for using foreign loans in case the borrower is not a credit institution or foreign bank branch:
a) Name of the borrower, type of enterprise, charter capital, address, establishment license, business registration certificate. Certificate of registration of cooperatives and unions of cooperativesss and amendments and supplements (if any) or other papers of equivalent value, scope of lawful production and business lines related to the borrower's purpose of using foreign loans;
b) Information about the expected foreign loan;
c) Purpose and scale of foreign borrowing;
Information on other production, business and projects using foreign loans within the legal scope of the borrower's activities:
For short-term foreign loans; A list of demand for short-term foreign loans (hereinafter referred to as the list of needs for capital use) is made according to the form specified in the Appendix issued together with this Circular and complies with the principles specified in Clause 4 of this Article. Clause XNUMX of this Article.
For medium and long-term foreign loans: the overall capital scale of production and business activities; capital structure; scale of foreign loans; expenses expected to be paid from foreign medium and long-term loans;
d) Measures to manage risks arising from foreign loans (if any);
dd) Competence to approve plans for use of foreign loans: competent authorities for approval, bases for determining approval competence;
e) Other contents (if any).
4. Principles of making a list of capital needs:
a) For the purpose of paying short-term debts payable in cash (excluding principal debts arising from domestic loans):
The borrower declares in the list of capital needs and payment obligations during the loan term on the basis of an estimate of the payable amount according to documents and documents giving rise to payment obligations such as invoices. , agreements, contracts are signed and issued before the borrower withdraws loan capital.
In case for objective reasons such as the beneficiary does not deliver enough goods, the parties can negotiate the delay of payment or speed up the payment schedule, clearing the debt or the tax authority notifies the change of the amount. payable tax leads to a change in the actual payment value compared to the value stated in the list of capital needs, the borrower adjusts the plan for using foreign loans in which the list of demand for capital is updated. capital in accordance with reality and supplemented with other lawful short-term debts of the borrower which is obliged to pay within the loan term (if any);
b) For the purpose of using short-term foreign loans to serve the borrower's professional activities, which must ensure financial safety criteria according to specialized laws:
The borrower declares in the list of capital use needs the total amount expected to be used for each specific professional activity of the borrower on the basis of the business plan in accordance with specialized laws.
In case there is a change in the actual capital use value compared with the value stated in the list of capital needs due to the change in the business plan, the borrower shall adjust the plan for using foreign loans to include: including an updated list of data on capital demand and additional lawful capital use purposes (if any);
c) The borrower must adjust the plan for using foreign loans in case there is a change in the list of capital use needs specified at Points a and b of this Clause before the changes take place and ensure that there is no change. ensure compliance with regulations on responsibility for storing and presenting documents to serve the inspection and examination of the purpose of using foreign loans as prescribed in Clause 4, Article 19 of this Circular.
Article 8. Plan for restructuring foreign debts
1. Plan for restructuring foreign debts (hereinafter referred to as “debt restructuring plan”) means a collection of information on the use of new foreign loans to repay legally existing foreign loans. . The borrower's debt restructuring plan must be approved by a competent authority in accordance with law.
2. The debt restructuring plan includes the following basic contents:
a) Information about the foreign borrower:
Information specified at Point a, Clause 2, Article 7 of this Circular for the borrower being a credit institution or foreign bank branch.
Information specified at Point a, Clause 3, Article 7 of this Circular for the borrower who is not a credit institution or foreign bank branch;
b) Information about existing loans and outstanding foreign loans: lender, loan amount, borrowed currency, loan term, loan cost, loan purpose, capital withdrawal, debt repayment, balance debt of the loan at the time of making the debt restructuring plan, expected value of the structure, loan code (applicable to existing foreign loans being medium and long-term loans), a list of use short-term loans of existing foreign loans (applicable to existing foreign loans as short-term loans);
c) Information about the new foreign loan: the lender, the loan amount, the loan currency, the loan term, the loan cost, the capital withdrawal plan, the payment plan for the outstanding balance of the existing foreign loan;
d) Competence to approve debt restructuring plans: competent authorities to approve, bases for determining approval competence;
dd) Other contents (if any).
Chapter II
GENERAL CONDITIONS
Article 9. Foreign loan agreement
1. Foreign loan agreement is one or a collection of several documents recording an agreement between the parties, whereby the lender delivers or commits to hand over to the borrower a sum of money or property (in the case of a foreign loan). (in the form of a financial leasing contract) to use for a specified purpose for a certain period of time with the principle of repayment of both principal and interest (if there is an agreement on interest).
2. The foreign loan agreement must be made in writing. In the case of an agreement in the form of an electronic data message, it must comply with the law on electronic transactions.
3. The foreign loan agreement must be signed before or on the date of withdrawal of the foreign loan. The signing of a foreign loan agreement on the date of withdrawal of a foreign loan is only done in the following cases:
a) Short-term foreign loans provided that the loan disbursement is made after the parties sign the loan agreement;
b) Foreign loans arising from the transfer of money for investment preparation of projects that have been granted investment registration certificates into foreign loans in accordance with the law on foreign exchange management for foreign investors. with foreign debt repayment activities and foreign direct investment activities in Vietnam.
Article 10. Foreign loan currency
1. Foreign loan currency is an exception.
2. Foreign loans in Vietnam dong can only be made in the following cases:
a) The borrower is a microfinance institution;
b) The borrower is a foreign direct investment enterprise borrowing from profits from direct investment activities in the Vietnamese territory of the lender being a foreign investor contributing capital at the borrower;
c) Borrower withdraws capital and repays debt in foreign currency and debt obligations of the loan are determined in Vietnam dong.
Article 11. Security transactions for foreign loans
The borrower and related parties are solely responsible for complying with the provisions of the current law on secured transactions and other relevant provisions of law when signing and performing security transactions for foreign loans.
Article 12. Foreign borrowing costs
1. Borrowers and related parties are solely responsible for complying with the provisions of current laws related to foreign loan interest rates and other costs related to foreign loans when agreeing on expenses. foreign loan fees.
2. In order to administer the limit of self-borrowing and self-paying foreign loans, when necessary, the Governor of the State Bank of Vietnam shall decide on the application of conditions on foreign borrowing costs; decide and announce the ceiling on foreign borrowing costs in each period.
Article 13. Foreign borrowing by state enterprises
Foreign loans of state-owned enterprises must be approved by a competent authority, appraised and approved in accordance with the law on assignment and decentralization of exercise of rights, responsibilities and obligations of the owner. state ownership, represent the state owner for state enterprises and comply with the law on management and use of state capital invested in production and business in enterprises.
Chapter III
ADDITIONAL CONDITIONS
Section 1. SUPPLEMENTAL CONDITIONS FOR THE BORROR IS A CREDIT INSTITUTION, FOREIGN BANK BRANCH
Article 14. Purpose of foreign loans
1. Borrowers borrow short, medium and long-term foreign loans to serve the following purposes:
a) Supplementing capital for credit extension activities according to the borrower's credit growth;
b) Restructuring the borrower's foreign debt;
2. Borrowers, when borrowing medium and long-term foreign loans, must prove the purpose of foreign loans through:
a) The plan for using foreign loan capital as prescribed in Clause 2, Article 7 of this Circular in case of borrowing to accomplish the purposes specified at Point a, Clause 1 of this Article;
b) Debt restructuring plan as prescribed in Article 8 of this Circular in case of borrowing for the purpose specified at point b, clause 1 of this Article.
Article 15. Limits on short-term foreign loans
Borrowers may only borrow short-term foreign loans in case the limit on short-term foreign loans is met as of December 31 of the year preceding the time of loan origination. Limit on short-term foreign borrowing is the maximum ratio of the total principal balance of short-term foreign loans based on individual equity, applicable to the following specific subjects:
1. 30% for commercial banks;
2. 150% for branches of foreign banks, other credit institutions.
Article 16. Safety assurance ratio
1. When borrowing short-term foreign loans, the borrower must ensure compliance with the provisions of law on prudential ratios in the Law on Credit Institutions at the end of the last 03 months prior to the date of the loan. sign a foreign loan agreement or an agreement to change or increase the value of foreign loans, except for the case specified at Point c, Clause 2 of this Article.
2. When borrowing medium and long-term foreign loans, the borrower is responsible for complying with the provisions of law on prudential ratios in the Law on Credit Institutions at the end of the last 03 months. before the date of signing of the foreign loan agreement, the agreement to change the value of foreign loans to the end of the latest month before the time of submitting the complete application for administrative procedures in accordance with the current regulations of law. Guidelines on foreign exchange management for enterprises' borrowing and repayment of foreign debts, except for the following cases:
a) Foreign medium- and long-term loans are eligible to be included in tier-2 capital of credit institutions, foreign bank branches and the implementation of this loan helps credit institutions, foreign bank branches meet regulations on safety ratios;
b) Borrowers who borrow foreign loans in the form of issuing bonds to the international market are responsible for complying with the regulations of the State Bank of Vietnam regarding the prudential ratios specified in the Law on Organizations. credit at the end of the last 03 months before the date of submission of application for issuance registration;
c) The borrower being a supporting credit institution according to the approved recovery plan, the specially controlled credit institution shall apply the prudential ratio as prescribed for these groups of subjects in the Law. Credit institutions.
Section 2. SUPPLEMENTAL CONDITIONS FOR LOANERS NOT CREDIT INSTITUTIONS, FOREIGN BANK BRANCH
Article 17. Purpose of foreign loans
1. Purpose of short-term foreign borrowing:
a) Borrowers may only use short-term foreign loans to restructure foreign debts and pay short-term debts payable in cash (excluding principals of domestic loans). of the borrower. Short-term liabilities specified in this Clause are debts incurred during the implementation of investment projects, production and business plans and other projects of the borrower and are determined in accordance with regulations. regulations of current law guiding the enterprise accounting regime;
b) In addition to the purpose of re-stipulating point a, Clause 1 of this Article, the borrower who must ensure financial safety criteria according to specialized laws is entitled to use short-term foreign loans to serve business activities. The borrower's professional services have a term of not more than 12 months from the time of withdrawal of foreign loans.
2. Purpose of medium and long-term foreign loans:
Borrowers may only borrow medium- and long-term foreign loans to serve the following purposes:
a) Implementation of the borrower's investment project;
b) Implement production, business and other projects of the borrower;
c) Restructuring the borrower's foreign debt.
3. The borrower's use of foreign loans specified in Clauses 1 and 2 of this Article must be consistent with:
a) Scope of business registration of the enterprise, scope of establishment license, investment certificate, investment registration certificate, written approval of investment policy, certificate of contract registration; cooperatives, unions of cooperatives or other papers of equivalent value as prescribed by law;
b) Other legal scope of activities specified in current legal documents regulating the charter of organization and operation of the borrower.
4. The foreign borrower must prove the purpose of the foreign loan through:
a) Investment certificate, Investment registration certificate or written approval of investment policy in accordance with the provisions of the law on investment and relevant laws in the case of foreign loans. outside to implement the borrower's investment project;
b) The plan for using foreign loans as prescribed in Clause 3, Article 7 of this Circular in case of foreign loans to implement the borrower's production, business and other projects;
c) Debt restructuring plan as prescribed in Article 8 of this Circular in case of foreign debt restructuring.
Article 18. Limits on foreign borrowing
1. In case of foreign loans to implement investment projects:
a) Principal balance of medium and long-term domestic and foreign loans of the borrower (including extended short-term loans and overdue short-term loans to medium and long-term) serving the project; the maximum investment project does not exceed the loan limit of the investment project;
b) The loan limit of an investment project specified at Point a, Clause 1 of this Article is the difference between the total investment capital of the investment project and the investor's contributed capital recorded in the Investment Certificate, Investment registration certificate, written approval of investment policy.
2. In case of foreign loans to implement production, business and other projects of the borrower:
The borrower's balance of medium and long-term domestic and foreign loans (including short-term loans extended and overdue for medium and long-term) for this purpose shall not exceed the total demand for loan capital in the plan on using foreign loans approved by competent authorities in accordance with law.
3. In case of foreign loans for restructuring the borrower's foreign debts:
a) The maximum amount of a foreign loan for the purpose of restructuring foreign debt must not exceed the total value of the principal balance, the amount of interest, unpaid fees of the existing foreign debt, and the fee of the loan. newly determined at the time of structure;
b) In case the new foreign loan is a medium or long-term loan, within 05 working days from the date of withdrawal of the new loan, the borrower must repay the existing foreign loan so that after the new loan is withdrawn. Within 05 working days mentioned above, the borrower must ensure the loan limit specified in Clauses 1 and 2 of this Article;
4. Short-term foreign loans are not subject to the regulations on foreign borrowing limits specified in Clauses 1 and 2 of this Article.
5. Exchange rate to calculate foreign loan limit:
a) For the purpose of borrowing abroad to implement an investment project, if the foreign loan contract is different from the currency recorded in the Investment Certificate, Investment Registration Certificate, written approval In terms of investment policy, the borrower uses the foreign currency accounting rate announced by the Ministry of Finance (the State Treasury) applied at the time of signing foreign loan agreements or agreements on changes related to foreign exchange rates. loan value to calculate loan limit;
b) For the purpose of borrowing abroad to implement production, business and other projects of the borrower, in case the demand for loan capital in the plan for using foreign loans is calculated in another currency. For foreign borrowed currency, the borrower uses the foreign currency accounting rate announced by the Ministry of Finance (State Treasury) applied at the time of making the plan on using foreign loans to calculate the loan limit. ;
c) For the purpose of borrowing abroad to restructure the foreign debt of the borrower, in case the foreign loan contract of the new foreign loan is different from the foreign loan currency of the existing foreign loan, the borrower uses the foreign currency accounting rate according to the notice of the Ministry of Finance (the State Treasury) applied at the time of making the foreign debt restructuring plan to calculate the loan limit.
Chapter IV.
RESPONSIBILITIES OF RELATED PARTIES
Article 19. Responsibilities of the borrower
1. Comply with the regulations on foreign borrowing conditions in this Circular and current regulations on foreign exchange management.
2. Self-responsibility for compliance with civil law, enterprise law, investment law, secured transaction, anti-money laundering, specialized law and other legal provisions relevant laws and international practices when concluding and performing foreign loans.
3. Take responsibility before law for the accuracy and truthfulness of documents proving the purpose of foreign loans and ensure the use of foreign loans in accordance with the documents proving the foreign borrowing purposes specified in Clause 2 of this Article. 14 Article 4 and Clause 17 Article XNUMX of this Circular.
4. Fully archive documents and documents proving the use of foreign loans in accordance with the purposes of foreign loans specified in Articles 14 and 17 of this Circular, documents and documents related to the change a list of demand for capital use (if any) as prescribed in Clause 4, Article 7 of this Circular and fully present the above-mentioned documents to serve the inspection and examination of the purpose of using foreign loans of foreign investors. competent authority.
5. Make a table to monitor each idle amount in case of term deposit at credit institutions, foreign bank branches in Vietnam according to the principles of capital use specified in Article 6 of this Circular and present together with documents proving compliance with the provisions of Article 6 of this Circular to serve the inspection and examination of the use of foreign loans by competent authorities when necessary.
Article 20. Responsibilities of account service providers
1. To inspect and keep documents suitable to actual transactions to ensure that the provision of foreign exchange services is carried out for the right purposes and in accordance with the provisions of law.
2. Cooperate in providing information and documents of the borrower during the course of the State Bank of Vietnam's inspection and examination of the borrower's compliance with foreign borrowing conditions.
Chapter V.
TERMS ENFORCEMENT
Article 21. Terms enforcement
1. This Circular takes effect from August 15, 8, except for the case specified in Clause 2023 of this Article.
2. The regulations on short-term foreign borrowing limits specified in Article 15 of this Circular take effect from January 01, 01.
3. Annul the Circular No. 12/2014/TT-NHNN dated March 31, 3 of the Governor of the State Bank of Vietnam stipulating the conditions for foreign loans of enterprises not guaranteed by the Government.
4. Amending, supplementing and abolishing a number of phrases, clauses and articles of Circular No. 12/2022/TT-NHNN dated September 30, 9 of the Governor of the State Bank of Vietnam guiding foreign management Exchanges for borrowing and paying foreign debts of enterprises are as follows:
a) To annul Point c, Clause 3, Article 15, Clause 5 of Article 15, Clause 10 of Article 16, Clause 3 of Article 20 and the phrase “except for foreign loans in Vietnam dong which must be considered by the Governor of the State Bank, consent” at Point b, Clause 1, Article 20;
b) Replace the phrase “or the document proving the non-compliance with the provisions of law on credit limit and prudential ratios approved by the Prime Minister or the Governor of the State Bank; consent as prescribed by law (if any)” in Clause 7 Article 16 with the phrase “or a document proving that the borrower falls into the case specified at Point c, Clause 2, Article 16 of Circular No. 08/2023/TT- The State Bank shall prescribe conditions for foreign loans not guaranteed by the Government”;
c) Amend the "Notes" section in Appendix 02 as follows: "The borrower falls into the case specified at point c, clause 2, Article 16 of Circular No. 08/2023/TT-NHNN stipulating the conditions for foreign loans not to be borrowed. guaranteed by the Government, clearly stating the ratios that are not subject to compliance, and the time of non-compliance with the prudential ratios in the operations of credit institutions and foreign bank branches.
Article 22. Transitional provisions
Foreign loan agreements signed before the effective date of this Circular and in accordance with the provisions of law at the time of signing, the borrower may continue to perform under the signed agreements and other provisions. written confirmation of registration, confirmation of registration for change of foreign loans of the State Bank of Vietnam (if any) until the end of the foreign loan. Amendments and supplements to the above agreements may only be made if the amended and supplemented contents are consistent with the provisions of this Circular and relevant provisions of law.
Article 23. Implementation organization
Chief of Office, Director of Foreign Exchange Management Department, Heads of units under the State Bank of Vietnam, Directors of State Bank branches in provinces and centrally run cities, credit institutions, branches Foreign banks, enterprises, cooperatives and unions of cooperatives are responsible for organizing the implementation of this Circular.
| KT. GOVERNOR |
Appendix
(Issued together with Circular No. 08/2023/TT-NHNN dated June 30, 06 of the Governor of the State Bank of Vietnam)
LIST OF DEMAND FOR USE OF SHORT-TERM FOREIGN LOANS
(Attached to the plan for using short-term foreign loans)
1. Payment of short-term debts payable in cash from the time of withdrawal of foreign short-term loans1
Contents of short-term debts expected to be paid by short-term foreign loans2 | Value3 | Estimated time of payment4 | Agreements/documents giving rise to short-term debt obligations5 |
first. ………. |
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2. ……… |
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total |
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2. Serving the borrower's professional operations with a term of less than 12 months from the time of withdrawal of a short-term foreign loan (applicable only to Borrowers who must ensure financial safety criteria according to specialized laws).
Classification of purposes of use6 | Value7 | Bases for building capital needs8 |
first. ……….. |
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first. ……….. |
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total |
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Instructions for making tables:
1. Short-term debts in this section are determined according to current regulations of law guiding the corporate accounting regime, including short-term debts payable in cash but excluding amounts domestic debt. In case the borrower borrows short-term foreign loans to pay foreign debts, the borrower must prove the purpose of using capital through the plan to restructure foreign debts (not subject to reporting in this List). ).
2. List short-term debts payable in cash arising during the implementation of production and business plans and other projects, such as short-term payables to sellers, taxes and state payments, payable to employees, short-term payable expenses, payable according to the construction contract schedule, etc.
3. Converted value in withdrawal currency of the loan. In case the currency of the payables is different from the currency of withdrawal of the loan, the Borrower shall apply the foreign currency accounting rate according to the notice of the Ministry of Finance (State Treasury) applicable at the time of making the loan. The plan on using foreign loans to convert the value of debts in order to estimate the total demand for using short-term foreign loans.
4. Time of payment as specified in the Agreement/document giving rise to debt obligations or other relevant Agreements applicable to debts (expected monthly, for example: October 10) .
5. Specify information about the Agreement/document, reference information such as the number, date of the Agreement/document giving rise to the obligation to pay debts.
6. List the contents of using capital to serve the Borrower's professional activities, in accordance with specialized laws. This section only applies to short-term foreign loans of the Borrower who are subject to financial safety standards according to specialized laws, such as securities trading organizations.
7. Converted value in the withdrawal currency of the loan. In case the currency for payment for professional activities of the borrower is different from the currency of withdrawal of the loan, the borrower shall use the foreign currency accounting rate as notified by the Ministry of Finance (the State Treasury). applied at the time of making the plan on using foreign loans for calculation.
8. Specify the basis for building capital needs such as business plans approved by competent authorities, signed agreements giving rise to the demand for loan capital, etc.