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On September 30, 2022, the State Bank of Vietnam (“SBV”) issued Circular 12/2022/TT-NHNN

Guiding the administration of foreign borrowings and foreign debts repayment of enterprises.

Accordingly, the borrower must register the change to a foreign loan with the SBV if there is any change in any of the contents mentioned in the written confirmation related to the previously registered loan.

Exceptional cases

The borrower is not required to apply for registration but shall notify the change of loan on the SBV’s website in respect of the following contents:

1/  Change of time for withdrawal of loan proceeds, repayment of principal within 10 working days as against the once previously approved by the SBV

2/  Change of the borrower's address without change of the city or province where the borrower’s head office is located

3/ Change of the creditor, related information about creditors in respect of a syndicated loan that designates the representative for creditors, except when a creditor is also the representative for creditors in respect of a syndicated loan, and any change of creditors that may entail changes to the roles of the representative for creditors

4/ Change of the commercial transaction name of the account service provider, the bank providing secured transactions

5/ Change the plan to pay interest and fees of the loan compared to the plan confirmed by the State bank.

6/  Change (increase or decrease) the amount of loan proceeds to be withdrawn, repayment of principal, interests and fees within 100 currency units of the foreign loan currency compared to  the amount stated in the confirmation registered

7/  Change of the actual amount of loan proceeds to be withdrawn or principal repayment for a specific period of less than the amount stated in the loan plan stated in the confirmation registered.

Circular 12/2022/TT-NHNN takes effect from November 15, 2022 and replaces Circular 03/2016/TT-NHNN, Circular 05/2016/TT-NHNN, Circular 05/2017/TT – NHNN

Viet Australia
Viet Australia Auditing Company is an independent auditing organization licensed and established in 2007 in the Socialist Republic of Vietnam.