Guiding the online registration of foreign loans in Vietnam not guaranteed by the Government

The foreign loan registration procedure not guaranteed by the Government through the online form is performed in the State Bank in as order follows:

Procedures for the online registration of foreign loans

Step 1: Register for the online account of an enterprise

• Enterprises access to the Website https://qlnh-sbv.cic.org.vn/qlnh/ and register for an account, declare necessary information and send the registration requirement.
• Enterprises print the registration declaration to issue an account, sign and mark in declaration, after sending to the State Bank enclosed with the Investment Registration Certificate and the Business Registration Certificate of its.
• After 03 working days from the date of receiving the dossier, the State Bank issue an account and noticeable for an enterprise about the email address that the unit registered.

Step 2: Log in account

• The enterprise access to the website https://qlnh-sbv.cic.org.vn/qlnh/ and log in account according to the account information, which is issued by the State Bank.

Step 3: Register for foreign loans

• Create an account of an enterprise, the unit that declares information of the loan application.
• After completing the loan application in an account, an enterprise must send the online application.
• The enterprise print the loan application from the system, sign, mark, after sending enclosed with the loan registration dossier to the State Bank.

Dossier of register for the foreign loan

• The foreign loan application (which is printed from the system and sign, mark of an enterprise).
• A copy (certified by the borrower) of the legal dossier of the borrower and the party using the loan in case the borrower is not the party using the loan;
• A copy (certified by the borrower) of an original of a written proving the loan purpose;
• A copy and Vietnamese translate (certified by the borrower) of the foreign loan agreement and an agreement to extend the short-term loan into medium, long-term (if any); or the capital withdrawal written enclosed with the framework agreement;
• A copy and Vietnamese translate (certified by the borrower) of the guarantee commitment written (a guarantee letter, a guarantee contract of other guarantee commitment form) in case the loan is guaranteed.
• A copy (certified by the borrower) of a written is approved by the competent authority about the foreign loan according to the law on assignment and decentralization of the rights, responsibilities and obligations of the state owner towards the state-owned enterprise and the state capital invested in the enterprise for the borrower being a state-owned enterprise, except for the borrower is a commercial bank with 100% charter capital held by the State.
• A report on compliance with regulations of the State Bank on the credit limit and prudential ratios in operations of credit organizations, foreign bank branches at the end of the latest month prior to the date of signing of foreign loan agreement and a written proving the non-compliance with legal provisions on credit extension limits and prudential ratios approved by the Prime Minister or the Governor of the State Bank (if any) in case the borrower is credit organizations, foreign bank branches;
• Confirmation of the bank providing account services (for cases are regulated at clause 8 Article 14 of Circular No. 03/2016/TT-NHNN);
• Written and documents proving that profits are legally distributed in Vietnamese dong from direct investment activities of the lender being a foreign investor contributing capital to the borrower and confirmation of the bank providing account services about the division and repatriation of profits of the lender to prove the loan disbursement in the case of a foreign loan in Vietnamese dong in accordance with regulations on foreign borrowing conditions in Vietnamese dong;
• An explanation written about the foreign loan demand in Vietnamese dong in the case of a foreign loan in Vietnamese dong must be permitted by the Governor of the State Bank in accordance with regulations on foreign borrowing conditions in Vietnamese dong.

Authority to confirm the loan registration

• The State Bank (The Foreign Exchange Management Department): Carry out the registration confirmation, register for change for loans with loan turnover over 10 (ten) million USD (or other foreign currencies of equivalent value) and foreign loans in Vietnamese Dong.
• State Bank branch in the provinces or centrally run cities where the borrower’s head office is located: Carry out the registration confirmation, register for changes for loans with loan turnover of up to 10 (ten) million USD (or other foreign currencies of equivalent value).

Foreign loan registration services of Viet An Law Firm

• Consulting on procedure of the foreign loan registration;
• Consulting on the foreign loan contract;
• Consulting, drafting the foreign loan registration dossier;
• Consulting on converting the foreign loan into the contribution capital of an enterprise;
• Consulting on converting the foreign loan of an enterprise;
• Representing the enterprise to submit the dossier, monitor, complete the procedure of the foreign loan registration;
• Consulting on procedure of  the statistic report about the foreign loan;
• Consulting comprehensively on arising issues related to the foreign loan of an enterprise.