According to the provisions of Article 14 of Circular No. 12/2022/TT-NHNN dated September 30, 2022 of the State Bank of Vietnam, the subjects that need to register when borrowing foreign capital include: 

- The borrower signs a foreign loan agreement with a non-resident lender. 

- The organization is responsible for directly repaying the debt to the entrusting party in the case where a credit institution or foreign bank branch signs a contract to receive a re-lending trust with a non-resident entrusting party. 

- The party with the obligation to repay the debt under a debt instrument issued outside the territory of Vietnam to a non-resident. 

- The lessee in a financial leasing contract with a non-resident lessor. 

- The organization inheriting the obligation to repay the foreign loan is subject to registration and registration of changes according to the provisions of this Circular in the case where the borrower is implementing a foreign loan and is divided, separated, consolidated or merged. 

According to Circular No. 12/2014/TT-NHNN dated March 31, 2014 of the State Bank of Vietnam, when borrowing foreign capital, enterprises will need to fully satisfy the general conditions and additional conditions as prescribed by law. 

In which, the general conditions will include conditions on: 

- Purpose of foreign borrowing 

- Foreign borrowing agreement 

- Foreign borrowing currency; 

- Transactions securing foreign loans; 

- Foreign borrowing costs. 

At the same time, additional conditions will depend on each different case, including the following 02 cases: 

- The borrower is a credit institution, a branch of a foreign bank; 

- The borrower is not a credit institution, a branch of a foreign bank. 

According to the provisions of Article 12 of Circular No. 12/2022/TT-NHNN dated September 30, 2022 of the State Bank of Vietnam, the loan term for foreign borrowing activities will be determined as follows: 

1. For loans specified in Clause 1, Article 11 of this Circular, the loan term is determined from the expected date of the first capital withdrawal to the expected date of the final principal repayment based on the provisions of the foreign loan agreement. 

2. For loans specified in Clause 2, Article 11 of this Circular, the loan term is determined from the expected date of the first capital withdrawal to the expected date of the final principal repayment based on the provisions of the foreign loan agreement and the foreign loan extension agreement. 

3. For loans specified in Clause 3, Article 11 of this Circular, the loan term is determined from the expected date of the first capital withdrawal to the expected date of the final principal repayment. 

4. The withdrawal date specified in this Article is: 

a) The date on which money is credited to the borrower's account for loans disbursed in cash; 

b) The date on which the lender makes payment to a non-resident providing goods and services under a contract for the purchase and sale of goods and services with a resident borrower; 

c) The date on which the borrower is recognized as having fulfilled its payment obligation to the lender in the event that the parties choose to withdraw capital from a medium- or long-term foreign loan in the form of offset payment as prescribed in Point d, Clause 1, Article 34 of this Circular. 

d) The date on which the borrower receives leased assets for loans in the form of foreign financial leasing in accordance with relevant legal provisions; 

d) The date the borrower is granted a Certificate of Business Registration, a License for Establishment and Operation under specialized laws, the date of signing an investment contract under the public-private partnership method (PPP contract), the date the parties sign a foreign loan agreement to convert the amount of investment preparation into loan capital (whichever comes later), applicable to foreign loans arising from the conversion of the amount of investment preparation of projects that have been granted an Investment Registration Certificate into foreign loan capital according to the provisions of the law on foreign exchange management for foreign direct investment activities in Vietnam.