STATE BANK OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2023/TT-NHNN
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Hanoi, April 23, 2023
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CIRCULAR
PROVIDING INSTRUCTIONS FOR CREDIT INSTITUTIONS AND FOREIGN
BRANCH BANKS ON DEBT RESCHEDULING AND RETENTION OF DEBT CATEGORY TO ASSIST
BORROWERS IN DIFFICULTIES
Pursuant to the Law on
the State bank of Vietnam dated June 16, 2010;
Pursuant to the Law on
Credit Institutions dated June 16, 2010; Law dated November 20, 2017 on
amendments the Law on Credit Institutions;
Pursuant to the
Government’s Decree No. 102/2022/ND-CP dated December 12, 2022 defining
functions, tasks, powers and organizational structure of the State Bank of
Vietnam;
Pursuant to the
Government’s Resolution No. 50/NQ-CP dated April 08, 2023 on
the conference between the Government and local governments and
Government’s regular meeting in March, 2023 and the Government’s Resolution No.
59/NQ-CP dated April 23, 2023 providing solutions for assisting borrowers of
consumer loans;
After reaching a
consensus with the Ministry of Finance;
At the request of the
Director General of the Department of Credit for Economic Sectors;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides
instructions for credit institutions and foreign branch banks (FBBs) on debt
rescheduling and retention of debt category to assist borrowers of business loans
and consumer loans.
Article 2. Regulated
entities
1. Credit institutions
(except policy banks) and FBBs.
2. Clients of credit
institutions and FBBs (except clients that are credit institutions and FBBs
themselves).
3. Other organizations
and individuals relevant to debt rescheduling and retention of debt category to
assist borrowers in difficulties.
Article 3. Application
of relevant legislative documents
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Chapter II
SPECIFIC PROVISIONS
Article 4. Debt
rescheduling
A credit institution or
FBB may consider rescheduling outstanding debt, including the principal and/or
interest (including the debts regulated by the Government's Decree No.
55/2015/ND-CP dated June 09, 2015 on credit policies serving development of
agriculture and rural areas (with amendments)) on the basis of borrowers’
requests, its financial capacity and compliance with the following regulations:
1. The outstanding debt is
principal of a loan or finance lease granted before the effective date of this
Circular, and from lending and finance lease.
2. The principal and/or
interest have to be paid within the period from the effective date of this
Circular to June 30, 2024 inclusive.
3. The outstanding debt
to be rescheduled is undue or up to 10 (ten) days overdue according to the
loan/finance lease agreement.
4. The credit institution
or FBB determines that the borrower is unable to repay the principal and/or
interest on schedule under the signed agreement due to decrease in revenue or
income compared to that specified in the principal and/or interest repayment
plan under the signed agreement.
5. The credit institution
or FBB determines that the borrower is able to fully repay the principal and/or
interest after the debt is rescheduled.
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7. Rescheduling time
(including repayment deadline extension) shall vary according to the degree of
difficulty facing the borrower and shall not exceed 12 months from the due date
of the outstanding debt to be rescheduled.
8. Debt rescheduling
under regulations of this Circular shall be carried out from the effective date
of this Circular to June 30, 2024 inclusive.
Article 5. Retention
of debt category and debt classification
1. Credit institutions
and FBBs may retain the debt categories with respect to the debt whose
principal and/or interest has been rescheduled (hereinafter referred to as
“rescheduled debt”) under regulations of this Circular in the same manner as
the debt categories that have been assigned in accordance with SBV Governor’s
regulations on classification of assets, rates and methods of making loan loss
provision and use of loan loss provision for handling of risks arising from
operations of credit institutions and FBBs at the nearest time before prior to
the debt rescheduling according to regulation of this Circular.
2. After debt
rescheduling and retention of debt categories are carried out as prescribed in
clause 1 of this Article within the time limit for rescheduling, credit
institutions and FBBs are not required to put these debts into a higher-risk
category according to SBV Governor’s regulations on classification of assets,
rates and methods of making loan loss provision and use of loan loss provision
for handling of risks arising from operations of credit institutions and FBBs.
3. If the outstanding
debts after rescheduling and retention of debt categories prescribed in clause
1 of this Article are not granted another debt rescheduling by the credit
institution or FBB according to regulations of this Circular, the credit
institution or FBB shall carry out debt classification in accordance with SBV
Governor’s regulations on classification of assets, rates and methods of making
loan loss provision and use of loan loss provision for handling of risks
arising from operations of credit institutions and FBBs.
4. From the rescheduling
date, credit institutions and FBBs shall not record the interests on the
outstanding debts that are rescheduled and debts that remain current
non-performing loans (Category 1) as prescribed in this Circular as revenue
(estimated). Instead, they shall be monitored off-balance sheet and recorded as
revenue when they are collected in accordance with regulations of law on
financial regimes applicable to credit institutions and FBBs.
Article 6. Making of
loan loss provision
1. Credit institutions
and FBBs shall make loan loss provisions for borrowers whose debts are
rescheduled as prescribed by this Circular as follows:
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b) Credit institutions
and FBBs shall determine the specific provision for all the outstanding debts
of borrowers according to the results of debt classification in accordance with
SBV Governor’s regulations on classification of assets, rates and methods of
making loan loss provision and use of loan loss provision for handling of risks
arising from operations of credit institutions and FBBs (without debt category retention
mentioned in Article 5 of this Circular).
c) Specific provision
shall be determined as follows:
Additional provision = A
- B
Where:
- A: Specific provision
to be made according to point b clause 1 of this Article.
- B: Specific provision
already made according to point a clause 1 of this Article.
d) If the provision
determined according to point c clause 1 of this Article is a positive number,
the credit institution or FBB shall make additional provision as follows:
(i) Until December 31, 2023:
At least 50% of the additional provision;
(ii) Until December 31,
2024: the required provision must be fully contributed.
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Article 7.
Responsibilities of credit institutions and FBBs
1. Credit institutions
and FBBs shall decide debt rescheduling and retention of debt category in
accordance with regulations of this Circular; make sure this policy is not
taken advantage of for profiteering purpose.
2. Issue an internal
regulation on rescheduling and retention of debt category in accordance with
this Circular and uniformly apply them throughout their systems. Such
regulations shall include:
a) Criteria for identification of outstanding debts eligible
for debt rescheduling and retention of debt category according to regulations
of this Circular;
b) Procedures,
responsibility of each individual and department for debt rescheduling and
retention of debt category. Make sure the individual or department that makes a
decision on rescheduling and retention of debt category is different from the
individual and department that approves the credit extension, except credit
extensions approved by the Board of Directors, Board of Members, General
Director/Director or parent bank (for FBBs). In case the credit extension and
debt rescheduling are approved by a council, the chairperson of the council
that approves the debt rescheduling must be different from the chairperson of
the council that approves the credit extension, and at least two thirds (2/3)
of the members of the former must not be members of the latter;
c) Frequently review borrowers’ solvency after debt rescheduling
and retention of debt category as prescribed by law; control and supervise the
process of debt rescheduling and retention of debt category.
3. Credit institutions
and FBBs shall send 01 (one) copy of the internal regulation specified in
clause 2 of this document to SBV (SBV Banking Supervision Agency, SBV’s
branches of the provinces and central-affiliated cities where they are
headquartered) as prescribed by law.
4. Within the first 10
(ten) days of the month, the credit institutions (except people's credit funds)
and FBBs shall submit reports to SBV (through Department of Credit for Economic
Sectors, Bank Inspection and Supervision Agency) on debt rescheduling and
retention of debt category up to the last day of the previous month in accordance
with the Appendices 01 and 02 to this Circular.
5. Within the first 10
(ten) days of each month, the credit institutions that are people's credit
funds shall submit reports to SBV’s branches of the provinces and
central-affiliated cities where they are headquartered (hereinafter referred to
as “SBV’s branch”) on debt rescheduling and retention of debt category up to
the last day of the previous month in accordance with the Appendices 01 and 02
to this Circular.
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1. The Department of
Credit for Economic Sectors shall:
a) Consolidate the
reports mentioned in clause 4 Article 7 of this Circular and point a clause 3
of this Article;
b) Preside over and cooperate
with the Financial Policy Department, Banking Supervision and Inspection Agency
and relevant units in advising the SBV Governor about resolving issues that
arise during the implementation of this Circular.
2. The Banking
Supervision and Inspection Agency shall:
Carry out inspection and
supervise credit institutions and FBBs implementing this Circular within its
jurisdiction.
3. SBV branches shall:
a) Submit a consolidated
report from reports submitted by people's credit funds in their provinces as
prescribed in clause 5 Article 7 of this Circular to the Department of Credit
for Economic Sectors within the first 15 (fifteen) days of each month;
b) Carry out inspection
and supervise credit institutions and FBBs implementing this Circular within
its jurisdiction.
Chapter III
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Article 9. Effect
This Circular comes into
force from April 24, 2023.
Article 10.
Implementation
Chief of Office, Director
General of Department of Credit for Economic Sectors, Chief Banking Inspector,
heads of SBV units, Director of SBV branches, Chairpersons of Boards of
Directors, Board of Members, General Director/Director of every credit
institution and FBB are responsible for the implementation of this Circular./.
PP. THE GOVERNOR
THE DEPUTY GOVERNOR
Dao Minh Tu
APPENDIX 01
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NAME OF CREDIT
INSTITUTION/FOREIGN BANK BRANCH
REPORT ON DEBT RESCHEDULING AND RETENTION OF DEBT CATEGORY
Reporting period: (mm/yyyy)
Unit: billion VND, borrower
No.
Item
Debt rescheduling and retention of debt
category
Total outstanding debts of borrowers
eligible for
debt rescheduling at the end of reporting period
Debts with retained category (not bad
debts)
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Off-balance sheet interests receivable
according to clause 4 Article 5 of this Circular
Accummulated
End of reporting period
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Total rescheduled debt
Quantity of borrowers granted debt
rescheduling
(principal and/or interest)
Outstanding debts rescheduled at the end
of reporting period
Quantity of borrowers granted debt rescheduling
at the end of reporting period (principal and/or interest)
Total outstanding debts not converted
into bad debts due to eligibility for debt rescheduling and retention of debt
category at the end of reporting period
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Quantity of borrowers whose debts are not
converted into bad debts at the end of reporting period
Provisions to be made at the end of
reporting period
Where:
Principal
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Principal
Interest
Outstanding debts granted debt
rescheduling and not converted into bad debts
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(1)
(2)
(3)
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
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(15)
I
Sorted
by borrowers
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1
Individuals
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2
Enterprises
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3
Cooperatives,
cooperative unions
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4
Other
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II
Sorted
by borrowing purposes
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1
Consumer
loans
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2
Business
loans
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III
Sorted
by 21 economic sectors
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1
Agriculture,
forestry and aquaculture
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2
Mineral
extraction
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3
Processing,
fabrication
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4
Production
and distribution of electricity, gas, hot water, steam and air conditioning
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5
Water
supply, management and treatment of wastes and wastewater
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6
Construction
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7
Wholesaling
and retailing; repair of motor vehicles, motorbikes and other motorized
vehicles
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8
Transport
and warehousing
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9
Hospitality
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10
Information
and Communications
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11
Finance,
banking and insurance
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12
Real
estate business
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13
Specialized
activities, science and technology
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14
Administration
and ancillary services
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15
Activities
of Communist Party, socio-political organizations, state management, defense and security; compulsory social
security
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16
Education
and training
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17
Healthcare
and social assistance
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18
Arts and
entertainment
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19
Other
service activities
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20
Domestic
workers, household production for own consumption
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21
Activities
of international agencies and organizations
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INSTRUCTIONS:
- Credit institutions and
FBBs (hereinafter referred to as “credit institutions”) shall prepare the report
on the centralized reporting and statistics system of SBV, including aggregated
data and data of each credit institution/FBB.
- Credit institutions
shall report monthly as prescribed in clause 4, clause 5 Article 7 of this
Circular.
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- Column (4): Accumulated
interest from the effective date of this Circular of debts that have been
rescheduled according to this Circular.
- Column (5): Accumulated
quantity of borrowers granted debt rescheduling (principal and/or interest) and
retention of debt category from the effective date of this Circular.
- Column (6): Principal
of debts that are due during the period specified in clause 2 Article 4 of this
Circular and have been rescheduled and have debt categories retained (only
report principals that are due during the period specified in clause 2 Article
4 of this Circular, not the total outstanding debt; In case the borrower fails
to pay the rescheduled debt by the end of the rescheduling period, the credit
institution shall report the outstanding debt after restructuring that remains
at the end of the reporting period).
- Column (7): Rescheduled
interest at the end of the reporting period. (In case the borrower fails to pay
the rescheduled interest by the end of the rescheduling period, the credit
institution shall report the outstanding interest after restructuring that
remains at the end of the reporting period).
- Column (8): Quantity of
borrowers that are granted debt rescheduling and debt category retention
(principal and/or interest) at the end of reporting period (corresponding to
Columns 6 and 7).
- Column (9): Total
outstanding debts (principal and interest) of borrowers whose outstanding debts
are granted rescheduling according to this Circular at the end of reporting
period (corresponding to Column 8).
- Column (10): Total
outstanding principals of borrowers whose outstanding debts have been granted
rescheduling in accordance with this Circular and are categorized into Category
1, 2 but will have to be moved to Category 3, 4, 5 if re-categorized according
to SBV’s regulations on debt classification, making and use of loan loss
provision for handling of risks arising from operations of credit institutions
and FBBs at the end of reporting period.
- Column (11): Total
outstanding principals of borrowers whose outstanding debts have been granted
rescheduling in accordance with this Circular, are specified in Column 8,
categorized into Category 1, 2 but will have to be moved to Category 3, 4, 5 if
re-categorized according to SBV’s regulations on debt classification, making
and use of loan loss provision for handling of risks arising from operations of
credit institutions and FBBs at the end of reporting period.
- Column (12): Total
quantity of borrowers whose outstanding debts are specified in Column 11 at the
end of reporting period.
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- Column (14): Total
provisions already made for borrowers whose debts are granted rescheduling and
debt category retention according to clause 2 Article 6 of this Circular at the
end of reporting period.
- Column (15): Interests
receivable from borrowers specified in Column 8 regarding outstanding debts
that are granted rescheduling and retention of debt category according to
clause 4 Article 5 of this Circular.
- Line II: sort data by
borrowing purposes: (1) Consumer loans (as prescribed in Circular No.
39/2016/TT-NHNN and Circular No. 43/2016/TT-NHNN); (2) Business loans
(loans/finance lease serving purposes other than those specified in line II.1)
- Line III: sort data by
21 business sectors according to the Prime Minister’s Decision No.
27/2018/QD-TTg dated 06/7/2018 on Vietnam Standard Industrial Classification.
APPENDIX 02
(Enclosed with the Circular No. 02/2023/TT-NHNN dated April
23, 2023 of SBV Governor)
NAME OF CREDIT
INSTITUTION/FOREIGN BANK BRANCH
REPORT ON QUANTITY OF BORROWERS GRANTED DEBT RESCHEDULING
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Unit: borrower
No.
Item
Accumulated quantity until the end of
reporting period
Additional quantity during reporting
period
Total quantity of borrowers applying for
debt rescheduling and retention of debt category accumulated
Where:
Total quantity of borrowers applying for
debt rescheduling and retention of debt category during reporting period
Where:
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Quantity of borrowers not granted debt
rescheduling accumulated
Quantity of borrowers granted debt rescheduling
and retention of debt category at the end of reporting period (principal
and/or interest)
Quantity of borrowers not granted debt
rescheduling at the end of reporting period
Reason for failure to grant debt
rescheduling (specifying primary reason)
(1)
(2)
(3)
(4)
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(6)
(7)
(8)
(9)
1
Individuals
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2
Enterprises
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3
Cooperatives,
cooperative unions
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4
Other
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TOTAL
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- Credit institutions and
FBBs (hereinafter referred to as “credit institutions”) shall prepare the
report on the centralized reporting and statistics system of SBV, including aggregated
data.
- Credit institutions
shall report monthly as prescribed in clause 4, clause 5 Article 7 of this
Circular.
- Column (3): Accumulated
total quantity of borrowers applying for debt rescheduling according to this
Circular from the effective date of this Circular to the end of reporting
period.
- Column (4): Accumulated
quantity of borrowers granted debt rescheduling (principal and/or interest) and
retention of debt category according to this Circular from the effective date
of this Circular to the end of reporting period.
- Column (5): Accumulated
quantity of borrowers not granted approval for debt rescheduling (principal
and/or interest) and retention of debt category according to this Circular from
the effective date of this Circular to the end of reporting period.
- Column (6): Total
quantity of borrowers applying for debt rescheduling according to this Circular
during reporting period.
- Column (7): Quantity of
borrowers granted debt rescheduling (principal and/or interest) and retention of
debt category according to this Circular at the end of reporting period.
- Column (8): Quantity of
borrowers not granted approval for debt rescheduling (principal and/or
interest) at the end of reporting period.
- Column (9): Reason that
the credit institution does not approve the applications for debt rescheduling
submitted by borrowers (specify the primary reason only).
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