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On
26 February 2016, the State Bank of Vietnam (SBV) has issued Circular
03/2016/TT-NHNN, taking effect from 15 April 2016, replacing Circular
09/2004/TT-NHNN and Circular 25/2014/TT-NHNN. Further, on 15 April 2016, SBV
issued Circular 05/2016/TT-NHNN amending and supplementing a number of Articles
of Circular 03/2016/TT-NHNN. Notable changes under Circular 03 include:
Ø Importing
goods on deferred payment is no longer requires registration with SBV;
Ø Loan
registrations and quarterly reports can now be filed in hard copy at SBV or
electronically via SBV’s website www.sbv.gov.vn or www.qlnh-sbv.cic.org.vn;
Ø A
number of new documents is additionally requested for registration of medium
and long-term loans (e.g. explanatory report on the satisfaction of conditions
on use of the initial loan (together with documentary evidence) and a repayment
plan for the extended loan);
Ø Non-FDI-enterprise must open a bank account for the purposes of foreign loan while FDI enterprises keep using their direct investment capital bank accounts for foreign loan purpose;
Ø A
number instances where only a written notification (rather than a formal
registration) with SBV is required (e.g. change of address of the borrower
within the province/city where the borrower is headquartered, change of trade
names, etc.)