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| THE STATE BANK OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| No.03/2012/TT-NHNN | Hanoi, March 08, 2012 |
CIRCULAR
PROVIDING ON FOREIGN CURRENCY LOANS OF THE CREDIT INSTITUTIONS AND BRANCHES OF FOREIGN BANKS WITH CUSTOMERS BEING RESIDENTS
Pursuant to the Law on the State Bank of Vietnam No.46/2010/QH12 of June 16, 2010;
Pursuant to the Law on credit institutions No. 47/2010/QH12, of June 16, 2010;
Pursuant to the Ordinance on foreign exchange No. 28/2005/PL-UBTVQH11 of December 13, 2005;
Pursuant to the Government’s Decree No.160/2006/ND-CP, of December 12, 2006 detailing the implementation of the Ordinance on foreign exchange;
Pursuant to the Government’s Decree No. 96/2008/ND-CP, of August 26, 2008, on regulating functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director General of Monetary Policy Department;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Credit institutions, branches of foreign banks licensed to operate in foreign exchange shall consider deciding of short-term, mid--term and long-term foreign currency loans with customers being residents in order to oversea paying for imported goods and services in foreign exchange on condition that customers have sufficient foreign exchange in order to paying of debt rely on the income source from production and business.
Article 2. Credit institutions and branches of foreign banks licensed to operate in foreign exchange shall consider deciding of foreign currency loans with customers being residents regarding to the capital demands outside provisions in Article 1 of this Circular in the following cases:
1. Short-term loans in order to oversea paying for imported petrol when have the approving in writing of the State Bank of Vietnam.
2. Loans the capital demands which have been approved in writing by the State Bank of Vietnam for each specific case upon request of credit institutions and branches of foreign banks on the following basis:
a) The demands of foreign currency loans of customers to implement production, business plans and projects of goods in the prioritized fields under the Government’s policy.
b) Credit institutions and branches of foreign banks have appraised and assure that the production-business plans and projects of the customers are feasible, effective and the customers must fully meet conditions on capital borrowing under laws on lending activities and it is possible to collect the debt at the due time (principal and interest).
Article 3.
1. Credit institutions and branches of foreign banks shall provide foreign current loans in accordance with provisions of this Circular and provisions of laws on loans, foreign exchange management, prudential ratios in business activities of credit institutions and other relative regulations of laws.
2. Credit institutions and branches of foreign banks shall monthly report to the State Bank of Vietnam of their foreign currency loan activities according to the annex enclosed with this Circular.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Circular takes effect from May 02, 2012 and replaces the Circular No. 07/2011/TT-NHNN of March 24, 2011 of the Governor of the State Bank providing on foreign currency loans of the credit institutions with customers being residents.
2. For signed credit contracts prior to the effective date of this Circular, credit institutions and branches of foreign banks and their borrowers shall implement according to contents of the signed credit contract in compliance with provisions of laws which are effective at the time of signing of credit contracts or they may agree to amend their credit contracts conformable to provisions of this Circular.
3. The chief of the Administrative Department, Director General of the Monetary Policy Department, Heads of units under the State Bank of Vietnam, Managers of branches of the State Bank of Vietnam in provinces and centrally-run cities, Chairman of the Board of Directors, Chairman of the Members’ Council and General Directors (Directors) of credit institutions, branches of foreign banks, other related organizations and related individuals shall be responsible for the implementation of this Circular./.
FOR THE GOVERNOR
DEPUTY GOVERNOR
Nguyen Dong Tien
Name of credit institution or name of branch of foreign bank: .............................
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Month …. year……..
(Promulgated together with the Circular No. 03/2012/TT-NHNN, of March 08, 2012)
Target
Outstanding loan balances (convert to billion dong)
The growth rate of outstanding loan balances compared to the preceding month (%)
1. Outstanding loan balances of borrowers being residents
a. Outstanding loan balances classified by duration
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Short term
- Mid-term and long term
b. Outstanding loan balances classified by loan purposes
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The short-term, mid-term and long-term loans in order to oversea paying of imported goods and services that customers have sufficient foreign exchange in order to paying of debt rely on the income source from production and business.
In which: loans for import of goods and services in order to production and business the exported goods through Vietnam frontier, border gate.
- The short-term loans in order to oversea paying of imported petrol when have the approving in writing of the State Bank of Vietnam.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Loans for the capital demands arising from credit contracts signed under provisions of the Circular No. 07/2011/TT-NHNN, of March 24, 2011, Circular No. 25/2009/TT-NHNN, of December 15, 2009, Decision No.09/2008/QD-NHNN, of April 10, 2008, Decision No. 966/2003/QD-NHNN, of August 22, 2003.
2. Bad debt ratio of loans in foreign currency
a. Ratio of bad debt of foreign currency loans per the total outstanding loan balance (%)
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b. Ratio of bad debts of foreign currency loans per the outstanding loan balance in foreign currency (%)
Composer
Controller
…….,date…….. month……. year……
General Director
Notes:
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The limit time for sending report: Monthly, no later than the 12th of the next month of the report month.
3. Recipient units: The Monetary Policy Department – The State Bank of Vietnam, 49 Ly Thai To – Hoan Kiem – Ha Noi (email: phongcstd@sbv.gov.vn, fax: 04.38246953 – 04.38240132)
4. Be suggested to write full name and telephone number of the person in charge of answering the report in details at the State Bank of Vietnam’s requirement.
- 1Circular No. 24/2015/TT-NHNN dated December 8, 2015, on foreign currency loans granted to residents by credit institutions and branches of foreign banks
- 2Circular No. 43/2014/TT-NHNN dated December 25, 2014, on foreign currency loans provided by credit institutions and branches of foreign banks for clients being residents
- 3Circular No. 29/2013/TT-NHNN of December 06, 2013, stipulating on provision of foreign currency loans of the credit institutions and foreign banks’ branches with customers being residents
- 1Circular No. 07/2011/TT-NHNN of March 24, 2011, providing on foreign currency loans of the credit institutions with customers being residents
- 2Circular No. 37/2012/TT-NHNN of December 28, 2012, stipulating on provision of foreign currency loans of the credit institutions and branches of foreign banks with customers being residents
- 3Circular No. 37/2012/TT-NHNN of December 28, 2012, stipulating on provision of foreign currency loans of the credit institutions and branches of foreign banks with customers being residents
- 1Circular No. 24/2015/TT-NHNN dated December 8, 2015, on foreign currency loans granted to residents by credit institutions and branches of foreign banks
- 2Circular No. 43/2014/TT-NHNN dated December 25, 2014, on foreign currency loans provided by credit institutions and branches of foreign banks for clients being residents
- 3Circular No. 29/2013/TT-NHNN of December 06, 2013, stipulating on provision of foreign currency loans of the credit institutions and foreign banks’ branches with customers being residents
- 4Law No. 46/2010/QH12 of June 16, 2010, on the State Bank of Vietnam
- 5Law No. 47/2010/QH12 of June 16, 2010, on credit institutions
- 6Decree No. 96/2008/ND-CP of August 26, 2008, defining the functions, tasks, powers and organizational structure of The State Bank of Vietnam.
- 7Decree of Government No. 160/2006/ND-CP of December 28, 2006 detailing the implementation of the ordinance on foreign exchange
- 8Ordinance No. 28/2005/PL-UBTVQH11 of December 13th, 2005, on foreign exchange control.
Circular No.03/2012/TT-NHNN of March 03, 2012, providing on foreign currency loans of the credit institutions and branches of foreign banks with customers being residents
- Số hiệu: 03/2012/TT-NHNN
- Loại văn bản: Thông tư
- Ngày ban hành: 08/03/2012
- Nơi ban hành: Ngân hàng Nhà nước
- Người ký: Nguyễn Đồng Tiến
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 02/05/2012
- Ngày hết hiệu lực: 01/01/2013
- Tình trạng hiệu lực: Kiểm tra
