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Register for issuance of international bonds that are not guaranteed by the Government

AUTHORITY

Foreign Exchange Management Department - State Bank of Vietnam

PROCEDURE


Step 1:

After selecting underwriting institutions, agents and legal consultants, enterprise shall, directly or via post service, send one (01) set of dossier to the State Bank (foreign exchange management department).

Step 2:

The State Bank shall check the sufficiency and validity of dossier. In case where it is necessary to clarify, supplement or revise related content, the State Bank shall have a written request to enterprise for completing dossier of issuance registration..

SUBMISSION OF DOSSIER

  1. By Post 

  1. Directly

DOSSIER

Number:

Elements:

01 set of dossier

  1. A written request for registration of international bond issuance (in accordance with Appendix 02 enclosed to Circular No. 17/2013/TT-NHNN dated 16 July 2013 providing several instructions on the foreign exchange control with regard to the issuance of international bonds by enterprises that are not guaranteed by the Government)

  1. A copy issued from master register or a certified copy or a copy attached to original version for comparison of the written notification of appraisal result of competent authority as prescribed by law for plan on issuing international bonds of enterprises (for state enterprises). In case applicant submits a copy attached to original version, receiver is responsible for certifying the accuracy of the copy with its original.

  1. A copy issued from master register or a certified copy or a copy attached to original version for comparison of the written approval of the Prime Minister on the international bond issuance plan (for a State-owned enterprise). In case applicant submits a copy attached to original version, receiver is responsible for certifying the accuracy of the copy with its original.

  1. A copy issued from master register or a certified copy or a copy attached to original version for comparison of the written notification of opinion of State Securities Commission (for enterprises being public companies issuing convertible bonds or bonds enclosed with right certificate). In case applicant submits a copy attached to original version, receiver is responsible for certifying the accuracy of the copy with its original.

  1.  A copy in foreign language and Vietnamese translation (with confirmation of the enterprise) of:

a) The underwriting contract or bond sale and purchase contract;

b) A contract providing for the organization that is a representative of the lender (if any);

c) Agent agreements depend on structure of the issuances;

d) Issuance consultancy contract.

  1. A copy in foreign language and Vietnamese translation (with confirmation of the enterprise) of contracts or other agreements (if any) that the enterprise concludes with the foreign party under which the enterprise is obliged to pay the charges relating to the issuance.

DURATION

Not exceed 10 (ten) working days from the date of receipt of valid and sufficient dossiers

SUBJECT

Enterprise

RESULT

Confirmation of issuance registration

LEGAL BASIS

  • Law on the State Bank of Vietnam 2010 No. 46/2010/QH12 promulgated on 16 June 2010

  • Law on Credit Institutions No. 47/2010/QH12 promulgated on 16 June 2010

  • Ordinance on Foreign Exchange Control No. 28/2005/PL-UBTVQH11 promulgated on 13 December 2005

  • Decree No. 153/2020/NĐ-CP dated 31 December 2020 prescribing private placement and trading of privately placed corporate bonds on domestic market and offering of corporate bonds in international market

  • Decree No. 16/2017/NĐ-CP dated 17 February 2017 on stipulate the functions, tasks, powers and organizational structure of the State Bank of Vietnam

  • Circular No. 17/2013/TT-NHNN dated 16 July 2013 providing several instructions on the foreign exchange control with regard to the issuance of international bonds by enterprises that are not guaranteed by the Government

  • Circular 29/2015/TT-NHNN dated 22 December 2015 on amending and supplementing legal documents of the State Bank of Vietnam providing for the composition of documents with certified copies of documents 


Last updated: 07/07/2021
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