THE STATE BANK
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 21/VBHN-NHNN
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Hanoi, July 16,
2024
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CIRCULAR
PRESCRIBING LENDING
TRANSACTIONS OF CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES WITH CUSTOMERS
The Circular No. 39/2016/TT-NHNN dated December 30,
2016 of the Governor of the State Bank of Vietnam prescribing lending
transactions of credit institutions and foreign bank branches with customers,
coming into force from March 15, 2017, is amended by:
1. The Circular No. 06/2023/TT-NHNN dated June 28,
2023 of the Governor of the State Bank of Vietnam providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
2. The Circular No. 10/2023/TT-NHNN dated August
23, 2023 of the Governor of the State Bank of Vietnam terminating effect of
some provisions of the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of
the Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers (as amended by the
Circular No. 06/2023/TT-NHNN dated June 28, 2023 of the Governor of the State
Bank of Vietnam), coming into force from September 01, 2023.
3. The Circular No. 12/2024/TT-NHNN dated June 28,
2024 of the Governor of the State Bank of Vietnam providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
Pursuant to the Law on the State Bank of Vietnam
dated June 16, 2010;
Pursuant to the Law on Credits Institutions
dated June 16, 2010;
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At the request of the Director of the Monetary Policy
Department;
The Governor of the State Bank of Vietnam hereby
promulgates the Circular on lending transactions of credit institutions and/or
foreign bank branches with customers.[1],[2],[3]
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular deals with lending transactions of
credit institutions and/or foreign bank branches (hereinafter referred to as
“credit institutions”) with customers.
2. This Circular shall not cover lending
transactions between credit institutions.
Article 2. Definitions
For the purposes of this Circular, the terms used
herein are construed as follows:
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2. Lending credit institution means a credit
institution established and operating under the Law on Credit Institutions,
including:
a) Commercial banks;
b) Cooperative banks;
c) Non-bank credit institutions;
d) Microfinance institutions;
dd) People’s credit funds;
e) Foreign bank branches.
3. Customer performing a borrowing transaction with
a credit institution (hereinafter referred to as “borrowing customer”) refers
to any legal entity or individual, including:
a) Legal entities established and operating within
the territory of Vietnam and/or those established abroad and legally operating
within the territory of Vietnam;
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4. Loan for personal or living expenses (consumer
loan) refers to a credit institution's granting a loan to an individual
customer’s demands for borrowed funds to pay consumption or living expenses for
his/her personal or family purposes.
5. Loan for business or other operating purposes
(business loan) refers to a credit institution’s granting a loan to a legal
entity or individual to meet the demands for borrowed funds other than those
referred to in Clause 4 of this Article, including the demands for borrowed
funds by that legal entity or individual, and the demands for borrowed funds by
a business household or private company of which that individual is the legal
owner.
6. Plan to use a borrowed fund is a collection of
information about use of the borrowed fund by a customer, including at least
the following information:
a) Total fund needed, details of capital
constituents of total fund needed (inclusive of the fund borrowed from credit
institutions); purposes of fund; fund spending time;
b) Customer’s available sources of debt repayment;
c) [5]
The plan or project serving business purpose or living purpose such as house
purchase, construction or renovation or receipt of transfer of land use rights
for building house.
7. Financial capacity refers to a customer’s
capacity with respect to capital, asset or financial resources.
8. Loan term refers to a period of time starting on
the day following the day when a credit institution begins to disburse the
borrowed fund to a customer and ending on the day when that customer has to
repay principal and interest amounts in full as agreed upon between the credit
institution and customer. Where the last day of loan term is a holiday or
weekly day-off, the next day will be taken as the last day of loan term. If a
loan term is not a full day, the provision enshrined in the Civil Code on the
date of commencement of a term is applied.
9. Repayment period refers to a set period of time
constituting the agreed loan term and, at the end of each of these time
periods, a customer is obliged to repay loan principal and/or interest amounts
in part or in whole to a credit institution.
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a) Adjustment to a repayment period is defined as a
credit institution's agreeing to extend the agreed period of repayment of loan
principal and/or interest in part or in full (including cases in which there is
no change to the number of agreed repayment periods) while the loan term is
kept unchanged;
b) Extension of a loan term is defined as a credit
institution's agreeing to extend repayment of loan principal and/or interest
for a period exceeding the agreed loan term.
11. Overdue principal is composed of:
a) The outstanding amount of principal to become
delinquent as prescribed in Article 20 hereof;
b) The outstanding amount of principal on which a
customer is delinquent in the event of a credit institution’s termination of a
loan or collection of debt prior to the due date as stipulated by Clause 1
Article 21 hereof.
12.[6] Loan for financial offsetting refers to
a credit institution’s grant of a loan to a customer to offset that customer’s
own funds or funds borrowed from another individual or organization (other than
a credit institution) used for paying or covering its costs incurred from a
plan or project serving business purpose or living purpose.
13.[7] Small-value loan means a loan which is given
as prescribed in clause 2 Article 102 of the Law on Credit Institutions and
does not exceed VND 100.000.000 (one hundred million).
14.[8] Related person of a customer means an
organization or individual that has a relationship with the customer as
prescribed in clause 24 Article 4 the Law on Credit Institutions.
Article 3. Autonomy of a credit
institution
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2. A credit institution shall be accorded the right
to refuse customer’s demands in violation of regulations hereof and loan
agreements.
Article 4. Lending and borrowing rules
1. Lending transactions between a credit
institution and a customer shall be performed according to an arrangement
between that credit institution and customer and in conformity with regulations
laid down herein and other relevant laws, including the legislation on
environmental protection.
2.[9] The customer that gets loan from a
credit institution shall be bound to properly use the loan amount for the
stated purpose, make full repayment of principal and interest amounts, and fees
within the repayment period agreed upon with the credit institution.
Article 5. Application of relevant legal
instruments
1. Lending operations carried out by a credit
institution shall be required to comply with provisions of the Law on Credit
Institutions, this Circular and other relevant legislation.
2. With respect to specific lending operations
covered by regulations provided in particular documents of the Government,
Prime Minister and State Bank of Vietnam, these regulations shall apply; to the
extent of whether particular documents of the Government, Prime Minister and
State Bank of Vietnam prescribe application of this Circular or contents
relating to lending operations are not prescribed in particular documents,
relevant provisions set forth in this Circular shall apply. Specific lending
operations encompass:
a) Syndicated loan;
b) Loan extended to customers for their outward investments;
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d) Foreign-currency loan extended to resident
customers;
dd) Foreign loan extended to, or collection of
foreign debt owed by, non-resident customers;
e) Loan offered by people's credit funds or
microfinance institutions;
g) Consumer loan extended by finance companies;
h) Other specific loans prescribed by particular
documents of the Government, Prime Minister or State Bank of Vietnam.
Article 6. Language usage
1. A loan agreement shall be made either in
Vietnamese or both in Vietnamese and other foreign language.
2. With respect to other documents concerning
lending operations that use any foreign language, if there is any request of a
regulatory authority for translation into Vietnamese, the translation copy must
be certified by a competent person of a credit institution, or be legally
notarized or authenticated.
Article 7. Eligibility requirements for a loan
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1. If that customer is a legal person, it must have
civil capacity in accordance with the civil law jurisdictions. If that customer
is a natural person, (s)he must be aged exactly 18 years or older and have full
capacity for civil conduct in accordance with the civil law jurisdictions, or
must be aged between exactly 15 and nearly 18 years and must not be
incapacitated or have restricted capacity for civil conduct as provided by
laws.
2. Demonstrate that customer’s demands for a loan
to be used for legally accepted purposes.
3.[10] Establish that customer’s feasible
plan for use of borrowed fund. For small-value loans, the satisfaction of this
condition is not required.
4. Prove the customer’s sound financial capability
to repay debt owed.
5.[11] (abrogated).
Article 8: Rejected loan demands [12]
Credit institutions shall not be allowed to approve
the following loan demands:
1. Loans used for doing business or investing in
sectors or activities prohibited by the Investment Law.
2. Loans used for paying expenses or meeting
financial demands of business or investment in sectors or activities prohibited
by the Investment Law and other transactions or activities prohibited by laws.
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4. Loans used for buying gold bullion.
5. Loans used for repaying loan debts owed to
lending credit institutions, except those used for paying loan interests
arising during the construction process which are accounted for in the total
construction cost estimate approved by a competent authority in accordance with
regulations of law.
6. Loans used for repaying foreign loan debts
(excluding foreign loans granted in the form of deferred payment for purchased
goods) or repaying loan debts owed to other credit institutions, except for a
loan used for making early repayment of an existing loan that meets the
following conditions:
a) The term of the new loan does not exceed the
remaining term of the old one;
b) The old loan has not yet undergone any debt
rescheduling.
7. Loans used for sending money to deposit
accounts.
8.[13] Loans used for making capital
contribution to, buying or receiving transfer of stakes of a limited liability
company or a partnership, or shares of a joint-stock company that is not yet
listed on the securities market or registered for trading on the Upcom system.
9.[14] Loans used for making capital
contributions under capital contribution contracts, investment cooperation
contracts or business cooperation contracts for executing investment projects
that are unfit for sale or for business operation as prescribed by laws when
the credit institution issues its lending decision.
10.[15] Loans used for financial offsetting
purposes, except for those meeting the following conditions:
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b) Costs paid using the customer’s funds for
executing a business project are costs to be covered using the fund borrowed
from the credit institution under the plan to use borrowed fund submitted to
the credit institution when applying for a medium-term or long-term loan for
executing that business project.
Article 9. Loan application [16]
1. When there is a demand for a loan, a customer
must provide the credit institution with the following:
a) Information, data and documents proving the
customer’s eligibility for such loan as prescribed in Article 7 of this
Circular, and others as referred to in the credit institution’s instructions;
b) Information on the customer’s related person in
the case prescribed in clause 2 of this Article.
Information on a related person that is an
individual includes: full name; personal identification number; nationality,
number, date of issue and issuing authority of passport, for a foreigner;
relationship with the customer.
Information on a related person that is an
organization includes: name, enterprise ID number, and headquarters address of
the enterprise, number of enterprise registration certificate or another
document of equivalent legal effect, legal representative and relationship with
the customer.
2. Provision of point b clause 1 of this Article
applies to the following cases:
a) At the time of submission of an application for
loan to a commercial bank, cooperative bank or foreign bank branch, the customer’s
total outstanding debt from credit extension (including outstanding debt from
the loan for which the customer is applying for) is higher than or equal to
0,1% of the equity of that commercial bank, cooperative bank or foreign bank
branch at the end of the last business day;
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c) At the time of submission of an application for
loan to a people’s credit fund, the customer’s total outstanding debt from
credit extension (including outstanding debt from the loan for which the
customer is applying for) is higher than or equal to 1% of the equity of that
at the end of the last business day at the end of the last business day;
d) If a credit institution’s equity is a negative
number, the abovementioned percentages shall apply to its charter capital or
allocated capital, for foreign bank branches.
Article 10. Loan category
A credit institution shall consider granting a
decision to offer a loan to a customer which is divided into the following
categories:
1. Short-term loan, defined as loans having the
maximum loan term of 01 (one) year.
2. Medium-term loan, defined as loans having the
loan term between above 01 (one) year and 05 (five) years at the maximum.
3. Long-term loan, defined as loans having the loan
term of more than 05 (five) years.
Article 11. Currency units used for extending
loans or repaying debts
1. Credit institutions and their customers shall
agree on a loan denominated either in Vietnamese dong or another foreign
currency unit as appropriate to provisions laid down herein and relevant
legislation.
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Article 12. Loan limit
A credit institution shall consult the plan to use
the borrowed fund, financial capability of a borrowing customer, credit lines
extended to the borrowing customer and available capital source of the credit
institution in order to enter into an agreement with the customer on the loan
limit.
Article 13. Loan interest rate
1. A credit institution and its customer shall
agree on the interest rate depending on capital demands and supplies on the
market, loan demands and creditworthiness of customers, unless otherwise
stipulated by the State Bank's regulations on the maximum interest rate set
forth in Clause 2 of this Article.
2.[18] If the customer has been rated
transparent and healthy in its financial status by the credit institution, the
credit institution and the customer shall agree on the interest rate on
short-term loan in VND which shall not exceed the maximum lending interest rate
decided by the State Bank’s Governor over periods of time in order to meet
certain demands for borrowed fund as follows:
a) Loans taken out to support the agricultural and
rural development sector under the Government’s regulations on credit policies
for agricultural and rural development;
b) Loans taken out to implement the export business
plan in accordance with the Law on Commerce and its instructional documents;
c) Loans taken out to finance business activities
of small and medium-sized enterprises under the Law and the Government’s
regulations on support for development of small and medium-sized enterprises;
d) Loans taken out to develop ancillary industries
under the Government’s regulations on development of ancillary industries;
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3. Terms and conditions of an agreement on the
interest rate shall comprise interest rate levels and methods for calculating
the interest rate on a loan. Where the interest rate is not converted into
%/year and/or the method for calculating the interest rate based on the actual
outstanding amount of debt and time length of maintenance thereof is not
applied, the loan agreement must include terms and conditions of the interest
rate converted into %/year (one year is calculated as three hundred and sixty
five of days) according to the actual outstanding amount of debt and time length
of maintenance thereof.
4. If a customer fails to repay or fully repay the
agreed amount of loan principal and/or interest at the payment due date, the
customer shall be obliged to repay loan interest as prescribed hereunder:
a) The amount of interest on principal is charged
at the agreed interest rate in proportion to the period during which repayment
of that principal due has not been made;
b) If a customer fails to make due payment of
interest as prescribed by Point a of this Clause, that customer must pay late
payment interest charged at the interest rate agreed upon between the credit
institution and customer which is not allowed to exceed 10%/year interest rate
on the outstanding balance of late payment interest in proportion to the period
of late payment;
c) Where a debt has become delinquent, the customer
owing a delinquent debt must pay interest on the outstanding amount of
principal which is overdue in proportion to the period of late payment for
which the interest rate charged is not allowed to exceed 150% of the interest
rate charged on due repayment that is determined upon the date of such debt
becoming delinquent.
5. Where the variable interest rate is applied, a
credit institution and customer must enter into an agreement on principles and
factors for determination of the variable interest rate, and on the date of
adjustment to the loan interest rate. In cases where referring to factors for
determination of the variable interest rate results in different loan interest
rates, the credit institution shall apply the lowest loan interest rate.
Article 14: Fees related to lending activities
The credit institution and its customer must agree
on collection of fees related to lending operations, including:
1. Exit fee paid by a customer for repayment of
debt before the due date.
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3. Fee paid for syndicated loan arrangement.
4. Fee paid for a commitment to borrowed fund
withdrawal during the period from the date of entry into force of the loan
agreement to the date of initial disbursement of borrowed fund.
5. Other fees related to lending operations which
are specified in relevant legal documents.
Article 15. Borrowed fund guarantee
1. The credit institution and its customer shall
agree on whether or not a security for a borrowed fund is implemented.
Agreement on security for the borrowed fund between the credit institution and
its customer must conform to regulations of the laws on security and relevant
legislation.
2. The credit institution shall make its decision
on and bear responsibility for any unsecured loan.
3. The customer and guarantor must liaise with the
credit institution to treat assets pledged as collateral for loans when there
are sufficient grounds for such treatment under terms and conditions of loan
agreements, loan guarantee contracts, laws and regulations.
Article 16. Provision of information
1. The credit institution shall be responsible for
providing the customer with all necessary information before establishment of a
loan agreement, including such information as loan interest rate, principles
and factors for determination of interest rate, date of determination of
interest rate in case of application of variable interest rate; interest rate
charged for overdue principal; interest rate charged for interest of which
payment is late; method for calculation of loan interest rate; type and amount
of loan fee; criteria for classifying borrowing customers by loan interest
rates as referred to in Clause 2 Article 13 hereof.
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a) Those prescribed in clause 1 Article 9 hereof;
b) Report representing use of loan amount, and
information, data and documents evidencing that the loan amount is properly
used to serve the purpose defined in the loan agreement;
c) Information, data and documents on the security
for the loan if this is included in the loan agreement between the credit
institution and the customer.
Article 17. Assessment of loan application and
grant of decision to offer a loan
1. The credit institution shall assess customer’s
ability to satisfy loan requirements as prescribed by Article 7 hereof in order
to consider granting a decision to offer a loan. In the course of such
assessment, the credit institution can use the internal credit rating system
associated with information available at the National Credit Information Center
of Vietnam and other communications channels.
2. The credit institution must establish loan approval
procedures according to the principle of assignment of responsibilities in the
assessment and decision-making stages.
3. In the event of refusal to offer a loan, the
credit institution shall notify the customer submitting loan application of
reasons for such rejection.
Article 18. Repayment of loan principal and
interest
1. The credit institution and its customer must
agree on the period of loan principal and interest repayment in either of the
following manners:
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b) Same period of repayment of loan principal and
interest.
2. The credit institution and its customer shall
agree on repayment of debt prior to the due date.
3. Where the customer is unable to make due
repayment of principal and/or interest in part or in full, the credit
institution shall consider approving the debt scheduling as provided by Article
19, or delinquency of such debt in accordance with Article 20 hereof. The
credit institution and its customer shall agree on the interest rate charged
for the overdue debt mentioned above in compliance with provisions of Clause 4
Article 13 hereof.
4.[20] The credit institution and its
customer must agree on the priority order for collection of principal and
interest amounts. With respect to a loan overdue, the credit institution shall
observe the order in which collection of principal amount will take priority
over that of interest amount. With respect to a loan for which one or some
payments are past due, the credit institution shall collect debts according to
this order: overdue principal amount, unpaid interest on overdue principal
amount, principal amount due, and interest on the principal amount which is not
paid when due.
Article 19. Debt rescheduling
The credit institution shall consider deciding
whether the debt rescheduling is necessary at the customer’s request and
depending on the financial capability of that credit institution and results of
assessment of the customer's capability to repay debt as prescribed hereunder:
1. If the customer is incapable of making due
repayment of loan principal and/or interest, and is rated by the credit
institution as having capacity for fully repaying loan principal and/or
interest within the adjusted repayment period, the credit institution shall
consider adjusting the period of repayment of that principal and/or interest as
appropriate to the customer's source of financing for debt repayment without
prejudice to the loan term.
2. If the customer is incapable of paying off loan
principal and/or interest in full within the agreed loan term, and is rated by
the credit institution as having capacity for fully repaying loan principal
and/or interest within a specified period of time following the said loan term,
the credit institution shall consider extending the period of debt repayment as
appropriate to the customer’s source of financing for such debt repayment.
3. The debt rescheduling shall be performed prior
to or within a period of 10 (ten) days from the agreed date on which debt
repayment is due.
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The credit institution shall perform delinquency
procedures for the principal amount of which repayment is not made by the
agreed due date and rescheduling is not accepted by the credit institution;
notify the customer of such delinquency. That notification shall include at
least the following contents: outstanding amount of overdue principal, time of
delinquency of such debt and interest rate charged for that overdue principal
amount.
Article 21. Loan termination, debt treatment,
loan interest or fee exemption or reduction
1. The credit institution shall be accorded the
right to terminate a loan and collect debt prior to the payment due date under
terms and conditions of a loan agreement when it has established that the
customer provided unauthentic information or violated terms and conditions of a
loan agreement and/or loan guarantee contract. Upon terminating a loan and
recovering debt prior to the agreed due date, the credit institution shall notify
the customer of such loan termination and early debt recovery. The minimum
contents of such notification include the date of loan termination and debt
collection prior to the due date, the principal amount to be recovered prior to
the due date; deadline for repayment of principal amount to be recovered prior
to the due date, date of debt delinquency and interest rate applied to the
outstanding amount of principal to be recovered prior to the due date.
2. Where the customer fails to make repayment of debt
due, the credit institution shall be entitled to apply methods for debt
recovery under terms and conditions of a loan agreement, loan guarantee
contract and regulations of relevant laws. If the amount of money obtained
after application of methods for debt recovery is not adequate to fulfill
obligations to pay debt owed to the credit institution, the customer shall keep
on assuming responsibility for paying off loan principal and interest in full
to the credit institution.
3. Where the customer or guarantor is affected by
the court’s decision to open the bankruptcy proceedings or declaration of
bankruptcy, the credit institution's recovery of debt owed by the customer and
guarantor shall be carried out under regulations of the law on bankruptcy.
4. The credit institution shall have the right to
decide to offer the customer loan interest or fee exemption or reduction in
accordance with internal rules of the credit institution.
Article 22. Internal rules
1.[21] Subject to the provisions of the Law
on Credit Institutions, this Circular and other relevant laws, the credit
institution shall issue its internal rules on lending, including regulations on
digital lending (if any), and management of loans granted as appropriate to its
operational characteristics (hereinafter referred to as “internal rules on
lending”).
2. Internal rules on lending of the credit
institution shall be implemented in a consistent manner within the entire
network of the credit institution and address the following minimum contents:
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b) [23]
Procedures for assessing, approving a loan application and deciding to grant a
loan, including:
(i) The maximum duration for assessing a loan
application and decide to grant a loan; delegation or assignment of rights and
responsibilities to each individual or department in loan application
assessment, approval and issuance of lending decisions, including those for
digital lending operations prescribed in Article 32dd of this Circular (if
any); other workloads as part of loan application assessment, approval and
lending decision-making procedures;
(ii) Cases in which loans are given for making
capital contributions under capital contribution contracts, investment
cooperation contracts or business cooperation contracts for executing
investment projects;
(iii) [24]
In case the loan is used to serve as security for performing an obligation of
the customer toward a third party, the lending credit institution shall reach
an agreement with the customer on freezing of the loan amount at the lending
credit institution in accordance with regulations of law until the customer’s
fulfillment of the secured obligation;
c) [25]
Procedures for inspection and supervision of loan application, use of borrowed
funds and debt repayment by customers, including:
(i) Delegation or assignment of rights and
responsibilities to each individual or department for inspection and
supervision of loan application, use of borrowed funds and debt repayment by
customers;
(ii) In case of loans used for making capital
contributions under capital contribution contracts, investment cooperation
contracts or business cooperation contracts for executing investment projects,
measures for inspecting, supervising and evaluating the customer’s financial
status and sources of funding for debt repayment, ensuring the possibility of
receiving loan principal and interest amounts in full by the agreed due date,
and controlling the customer’s use of borrowed funds for right purposes;
(iii) [26]
In case a loan is used to serve as security for performing an obligation of the
customer toward a third party, measures for ensuring the recovery of the loan
principal amount in case the parties fail to fulfill the secured obligation as
agreed;
(iv) [27]
For small-value loans, measures for inspection and supervision of the use of
borrowed funds for stated purposes and debt repayment by customers, ensuring
ability to fully recover the principal and interest amounts on the agreed
schedule.
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dd) Loan termination, debt treatment; loan interest
rate and fee exemption and reduction;
e) [28]
Identification of risks that may arise; regulations on risk management,
assessment and control; measures for treatment of risks arising during the
lending process (including digital lending process);
g) [29]
Control of extension of loans serving the purpose of repaying loan debts owed
to the credit institution, repaying foreign loan debts in order to prevent and
stop any deviation in reporting on the credit quality. Control of extension of
rollover loans and revolving loans in order to manage the customer’s cash flow
to assure possibility of recovering loan principal and interest amounts in full
by the agreed due date and reliable reporting on the credit quality. Control of
extension of loans used for investing in securities; trading real estate;
executing investment projects in the form of public-private partnerships;
serving demands for large amounts of borrowed funds for living purposes as
assessed by the credit institution; loans granted adopting digital lending
method.
3. Within a permitted period of 10 (ten) business
days from the date of introduction or revision of internal rules on lending
activities, microfinance institutions and people's credit funds must submit
these rules to the State Bank through its branches located at cities or
provinces; and other credit institutions must submit these rules to the State
Bank of Vietnam (via Banking Inspection and Supervision Agency).
Article 23. Loan agreement
1. The loan agreement must be made in writing,
including the following minimum requirements:
a) Name, address and corporate identity code of the
lending credit institution; name, address, number of identification card or
citizen identification card or passport of the customer;
b) Loan amount; loan limit for a line of credit
loan; provisional credit limit for a provisional line of credit loan; overdraft
limit for a current account overdraft facility;
c) Loan purposes;
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dd) Lending method;
e) Loan term; duration to maintain the loan limit
for a line of credit loan, effective period of provisional credit limit for a
provisional line of credit loan; duration to maintain the overdraft limit for a
current account overdraft facility;
g) Agreed lending interest rate and interest rate
converted into percent (%)/year which is calculated on the basis of the actual
amount outstanding and duration of maintenance thereof as prescribed by Clause
3 Article 13 hereof; principles and factors of determination of interest rate,
time of determination thereof in case of application of variable interest rate;
interest rate charged on the outstanding amount of overdue principal; interest
rate charged on late payment interest; type and amount of loan fee applied;
h) Loan disbursement and use of payment instrument
for disbursement of borrowed funds;
i) Loan principal and interest repayment, and
priority order of recovery of loan principal and interest; early debt
repayment;
k) Debt rescheduling; delinquency of the principal
amount that a customer fails to repay at the agreed due date and the credit
institution refuses to agree to reschedule; form and contents of notification
of such delinquency referred to in Article 20 hereof;
l) Responsibilities of a customer for cooperating
with the credit institution and providing documents regarding a loan in order
for the credit institution to assess application for and grant a decision to
offer a loan, inspect and supervise use of borrowed fund and debt repayment of
the customer;
m) Cases of loan termination; collection of debt
prior to the due date; delinquency of the principal amount that the customer
fails to repay prior to the due date in the event of the credit institution's
loan termination or collection of debt prior to the due date; form and contents
of notification of thereof as prescribed by Clause 1 Article 21 hereof;
n) Loan debt treatment; penalty for loan default
and compensation for any loss incurred; rights and liabilities of parties
involved;
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2. In addition to provisions set forth in Clause 1
of this Article, parties can agree on other terms and conditions in compliance
with provisions of this Circular and relevant laws.
3. The loan agreement referred to in Clause 1 and 2
of this Article shall be established in the form of either a specific loan
arrangement, or both framework and specific arrangement.
4. Where using contract templates or general terms
and conditions during conclusion of a loan agreement, the credit institution
shall be obliged to:
a) make a public notice of such contract templates
and general contractual terms and conditions regarding lending activities at
its office, and make posts on its website;
b) [30]
provide adequate information on the standard form contract or contract
containing general terms and conditions for the customer before entering into
the loan agreement, and obtain the customer’s confirmation that the credit
institution has already provided all necessary information.
Article 24. Inspection of use of loan amounts[31]
1. The customer is obliged to properly use the
borrowed fund for the stated purpose, and fully repay the principal and
interest amounts, and fees on the agreed-upon schedule; submit report on use of
borrowed fund, and provide information, data and documents evidencing that the
borrowed fund is properly used to serve the loan purpose.
2. The credit institution is entitled and obliged
to carry out inspection and supervision of use of borrowed fund and debt
repayment by their customers as prescribed in clause 1 Article 102 of the Law
on Credit Institutions; is entitled to request their customers to submit
reports on use of borrowed funds and provide information, data and documents
evidencing that the borrowed fund is properly used to serve the loan purpose.
3. For small-value loans, credit institutions must
adopt measures for inspection and supervision of use of borrowed funds for
stated purposes and debt repayment by their customers, ensuring ability to
fully recover the principal and interest amounts on the agreed schedule.
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1. The credit institution and its customer shall be
allowed to agree on penalty and compensation in accordance with laws in the
event that either the credit institution or the customer defaults on a loan
agreement, unless otherwise stipulated by Clause 4 Article 13 hereof.
2. The credit institution and its customer can
agree on whether the defaulting party is only subject to a penalty for
violation without being held liable for a compensation for loss incurred or
both of these actions. Where the credit institution and its customer have
mutually agreed on a penalty for violation instead of both of these actions,
the defaulting party shall only be subject to the penalty for violation.
Article 26. Other provisions
In the course of extending a loan, the credit
institution shall assume the following responsibilities:
1.[32] Comply with regulations on cases of
loan rejection, restriction and limitation as referred to in the Law on Credit Institutions,
and the State Bank’s regulations on prudential limits or ratios for operations
of credit institutions.
2.[33] Use payment facilities for
disbursement of borrowed funds in accordance with the State Bank’s regulations
on methods for disbursement of funds lent by credit institutions to their
customers.
3.[34] Classify risks associated with lending
operations, set aside and use provisions for such risks in accordance with
regulations of law.
4. Carry out recording of accounting entries of and
prepare statistical reports on lending transactions in accordance with
applicable laws on bookkeeping and statistical reporting regime of credit
institutions.
5.[35] In case a loan is used to serve as
security for performing an obligation of the customer toward a third party, the
lending credit institution shall reach an agreement with the customer on
freezing of the loan amount at the lending credit institution in accordance
with regulations of law until the customer’s fulfillment of the secured
obligation.
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7.[37] Credit institutions must request their
customers to provide documents and data evidencing their feasible plans for use
of borrowed fund, financial capability, and lawful loan purposes before
deciding to grant loans, except small-value loans.
For small-value loans, the credit institution must
obtain at least information on lawful loan purposes and the customer’s
financial capability before deciding to grant loans.
Chapter II
SPECIFIC PROVISIONS
Section 1. BUSINESS LOAN
Article 27. Lending methods
The credit institution shall agree with its
customer on application of the following lending methods:
1. Syndicated loan: At
least two credit institutions are together offering a loan to a customer for
the purpose of implementing one fund borrowing plan or project.
3. Loan for crop season interval: The credit
institution extends a loan to a customer in order to cultivate or raise
seasonal plants or livestock used in the next production cycle within a given
year, or plants of which roots are retained and industrial crops which are
annually harvested. Accordingly, the credit institution and its customer shall
agree that the outstanding amount of debt existing in the previous production cycle
can be used for the following production cycle, but shall not be allowed to
exceed the time length of 02 consecutive production cycles.
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5.[40] Temporary line of credit loan: The
credit institution undertakes to grant loans to its customer up to the agreed
temporary credit limit (in addition to the agreed credit limit). The
credit institution and its customer shall agree on the validity period of temporary credit
limit which is not allowed to exceed 01 (one) year.
6. Current account overdraft facility: The credit
institution approves an overdraft limit within which the customer is allowed to
spend more money than the amount available in the current account in order to
render payment services on that current account. The overdraft limit is
maintained within the maximum period of 01 (one) year.
7. Revolving loan: The credit institution and its
customer agree to extend a loan to meet the demand for fund used in the
business cycle which is less than 01 (one) month and the customer is allowed to
use the outstanding amount of principal incurred in the previous business cycle
for the following one provided that the loan term remains fewer than 03 (three)
months.
8. Rollover loan: The credit institution and its
customer agree on a short-term loan under the following conditions:
a) On the payment due date, the customer is
entitled to repay debt or extend the period of repayment of part or whole of
the outstanding amount of loan principal for another specified time period;
b) Total loan term is not allowed to exceed 12
months from the initial disbursement date and one business cycle;
c) On the date when a loan application is
considered, the customer does not incur any bad debt owed to credit
institutions;
d) In the process of a rollover loan, the customer
owing any bad debt to credit institutions shall not be given any extension of
the agreed period of repayment.
9. Other lending methods not mentioned above shall
be combined with those referred to in Clause 1, 2, 3, 4, 5, 6, 7 and 8 of this
Article as appropriate to business conditions of the credit institution and
loan features.
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1. The credit institution and its customer shall
refer to the business cycle, duration of fund recovery and solvency of the
customer, source of loan fund and the remaining duration of operation of the
credit institution in order to agree on the loan term.
2. The term of a loan offered to a customer that is
a legal person established and operated within the territory of Vietnam, or a
legal person established abroad and legally operated within the territory of
Vietnam shall not exceed the remaining duration of legal operation of that
customer, and to a customer that is a foreign citizen residing within the
territory of Vietnam, shall not exceed the residual duration of legal residence
in Vietnam.
Article 29.[41] (abrogated)
Section 2. CONSUMER LOAN
Article 30. Lending methods
The credit institution shall agree with its
customer on application of the following lending methods:
1. The lending methods shall be subject to
regulations set forth in Clause 1, 4 and 6 Article 27 hereof.
2. Those other than the aforesaid lending methods
shall be combined with the ones referred to in Clause 1 of this Article as
appropriate to business conditions of the credit institution and loan features.
Article 31. Loan term
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2. The term of a loan offered to a customer that is
a foreign citizen residing within the territory of Vietnam shall not exceed the
residual duration of legal residence in Vietnam.
Article 32.[42] (abrogated)
Section 3. DIGITAL LENDING [43]
Article 32a. Digital
lending rules
1. Credit institutions shall adopt the digital
lending method in a manner that is appropriate to their business conditions and
loan features, and ensures security, safety and protection of data messages as
well as confidentiality of information in accordance with regulations of laws
on anti-money laundering and electronic transactions, the State Bank’s risk
management guidelines and other relevant law provisions.
2. The information system used for carrying out
digital lending activities must satisfy level-3 or higher-level information
system security requirements laid down in the Government’s regulations on
security of information systems by classification and the State Bank’s
regulations on security of information systems in banking operations.
3. Credit institutions shall store and manage
information and data in accordance with regulations of law; information and
data must be stored safely, kept confidential, duly backed up and have their
adequacy and integrity ensured to facilitate access or use, where necessary, or
to serve the inspection, verification and resolution of trace requests,
complaints or disputes, or to be provided at the request of competent
authorities.
4. Each credit institution shall itself decide to
adopt measures, forms and technologies for carry outing digital lending
activities, accept all risks that may arise from digital lending, and must meet
the following minimum requirements:
a) It has adopted solutions and technologies for
ensuring the accuracy, confidentiality and safety during the collection, use
and verification of information and data;
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c) It has developed measures for monitoring,
identifying, measuring and controlling risks; risk treatment methods;
d) It has assigned responsibilities to each
individual or department for performance of digital lending activities and risk
management and control.
5. Credit institutions shall consider deciding to
carry out digital lending activities as prescribed in Section 3 of this
Circular. Relevant provisions of this Circular shall apply to other digital
lending-related contents which are not mentioned in Section 3 of this Circular.
Article 32b. Identifying
customers, verifying customer's personally identifiable information
1. Each credit institution must adopt appropriate
KYC solutions and technologies for identifying its customers and verifying
their personally identifiable information during its provision of digital
lending services; shall assume responsibility for all risks that may arise, and
meet the following minimum requirements:
a) It must ensure the matching between a customer’s
personally identifiable information and biometric data (including biological
factor/characteristics that are specifically used to identify a person, cannot
be forged, and are rarely matched with those of another person such as
fingerprints, face, iris, voice and other biometric factors) and corresponding
information and biometric data included in documents/data necessary to identify
that customer as prescribed by the Law on Anti-Money Laundering and/or as
required by the credit institution, or that customer’s personal identity data
certified by competent authorities, or included in the citizen identity card
database/national population database, or provided by electronic certification
service providers in accordance with regulations of the law on electronic
identification and authentication, or provided by other credit institutions;
b) It has procedures for managing, controlling and
assessing risks, including measures for preventing acts of forging,
intervening, altering or falsifying customer’s personally identifiable
information during the lending process; measures for checking and verifying
customer’s personally identifiable information to ensure that the borrower is
the one conducting electronic transaction; technical measures for certifying
the identified customer’s consent to the loan agreement. Risk management and
control procedures must be regularly reviewed and revised according to updated
information and data;
c) It must store and manage personally identifiable
information and biometric data of its customers; sounds, images, videos and
recordings; telephone numbers used for conducting transactions; and transaction
logs used during lending process in an adequate and detailed manner.
2. Provisions on customer identification and
verification of customer’s personally identifiable information in Clause 1 of
this Article shall apply to individual customers who apply for loans for living
purposes and start the relationship with the credit institution. If an
individual customer that applies for a loan for living purposes has established
a relationship with the credit institution and completed KYC procedures, the
credit institution shall be entitled to decide measures, forms and technologies
employed for verifying that customer’s personally identifiable information
during the digital lending process which should match the known information about
that customer.
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The outstanding amount of loans for living purposes
given by a credit institution to an individual customer who has completed KYC
procedures as prescribed in Article 32b of this Circular shall not exceed VND
100.000.000 (one hundred million).
Article 32d. Loan
application
When there is a demand for a loan, a customer must
send a credit institution documents/data evidencing its eligibility for such
loan as prescribed in Article 7 of this Circular, and others as referred to in
the credit institution’s instructions.
Article 32dd. Assessment of loan applications
and issuance of lending decisions
The credit institution shall organize assessment
and approval of digital loan applications according to the principle of
assignment of responsibilities to each individual or department for
establishment and operation of the information system used for loan application
assessment and lending decision-making stages. The credit institution must
adopt mechanisms for determining the individual or department responsible for a
risk whenever it arises, and promptly take actions against such a risk so as to
ensure its efficient and safe assessment and approval of digital loan
applications.
Article 32e. Loan
agreement
A loan agreement shall be made in writing. If a
loan agreement is made in the form of an electronic contract, it shall comply
with regulations of law on electronic transactions. A loan agreement must meet
minimum information requirements laid down in Article 23 of this Circular.
Article 32g.[44] (abrogated)
Article 32h. Payment
facilities used for disbursement of borrowed funds
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Chapter III
IMPLEMENTATION [45] [46] [47]
Article 33. Effect
1. This Circular comes into force from March 15,
2017.
2. As from the date of entry into force of this
Circular, the documents listed hereunder shall be repealed:
a) The Decision No. 1627/2001/QD-NHNN dated
December 31, 2001 of the Governor of the State Bank of Vietnam on introduction
of the regulations on credit institutions’ lending transactions with customers;
b) The Decision No. 28/2002/QD-NHNN dated January
11, 2002 of the Governor of the State Bank of Vietnam on revision of Article 2
of the Decision No. 1627/2001/QD-NHNN dated December 31, 2001 of the Governor
of the State Bank of Vietnam on introduction of the regulations on credit
institutions’ lending transactions with customers;
c) The Decision No. 127/2005/QD-NHNN dated February
03, 2005 of the Governor of the State Bank of Vietnam on revision of several
articles of the regulations on credit institutions’ lending transactions with
customers issued together with the Decision No. 1627/2001/QD-NHNN dated
December 31, 2001 of the Governor of the State Bank of Vietnam;
d) The Decision No. 783/2005/QD-NHNN dated May 31,
2005 of the Governor of the State Bank of Vietnam on revision of Clause 6
Article 1 of the Decision No. 127/2005/QD-NHNN dated February 03, 2005 of the
Governor of the State Bank of Vietnam on revision of several articles of the
regulations on credit institutions’ lending transactions with customers issued
together with the Decision No. 1627/2001/QD-NHNN dated December 31, 2001 of the
Governor of the State Bank of Vietnam;
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e) The Circular No. 05/2011/TT-NHNN dated March 10,
2011 of the Governor of the State Bank of Vietnam prescribing collection of
loan fees paid by customers to credit institutions and/or foreign bank
branches;
g) The Circular No. 33/2011/TT-NHNN dated October
08, 2011 promulgated by the State Bank’s Governor on amending and supplementing
the Circular No. 13/2010/TT-NHNN dated May 20, 2010 on providing statutory
provisions on prudential ratios for business transactions of credit
institutions and regulations for granting loans to customers, issued together
with the Decision No. 1627/2001/QD-NHNN dated December 31, 2001 promulgated by
the State Bank’s Governor;
h) The Circular No. 08/2014/TT-NHNN dated March 17,
2014 of the State Bank of Vietnam prescribing short-term loans denominated in
Vietnamese dong which are offered by credit institutions to customers to meet
the demand of fund used in certain economic sectors or activities.
Article 34. Transition
If a credit contract is signed before the entry
into force of this Circular,
1. The credit institution and its customer shall be
allowed to comply with terms and conditions of the credit contract which is
signed in accordance with laws and regulations in force at the date of signing
of that credit contract, or agree on any revision of that credit contract as
appropriate to regulations laid down herein.
2. With respect to application of the method of
extending a line of credit loan, provisional line of credit loan or current
account overdraft facility, unless the duration of maintenance of a credit or
overdraft limit on the current account or the effective period of provisional
line of credit is agreed upon in terms and conditions of the credit contract,
the credit institution and its customer shall be allowed to continue
implementation of terms and conditions of the credit contract signed in
accordance with laws and regulations which enter into force on the date of
signing of that credit contract under which the duration of maintenance of
credit limit, overdraft limit on the current account or the effective period of
a provisional line of credit shall not exceed 01 (one) year from the entry into
force of this Circular.
Article 35. Implementation organization
1. Setting the internal rules for lending
transactions with customers by credit institutions shall be subject to this Circular.
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CERTIFIED BY
PP. GOVERNOR
DEPUTY GOVERNOR
Doan Thai Son
[1] The Circular No. 06/2023/TT-NHNN
providing amendments to the Circular No. 39/2016/TT-NHNN dated December 30,
2016 of the Governor of the State Bank of Vietnam prescribing lending
transactions of credit institutions and foreign bank branches with customers is
promulgated pursuant to:
“The Law on the State Bank of Vietnam dated June
16, 2010;
The Law on Credit Institutions dated June 16,
2010 and the Law on amendments to the Law on Credit Institutions dated November
20, 2017;
The Government's Decree No. 102/2022/ND-CP dated
December 12, 2022 prescribing functions, tasks, powers and organizational
structure of the State Bank of Vietnam (SBV);
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[2] The Circular No. 10/2023/TT-NHNN
terminating effect of some provisions of the Circular No. 39/2016/TT-NHNN dated
December 30, 2016 of the Governor of the State Bank of Vietnam prescribing
lending transactions of credit institutions and foreign bank branches with
customers (as amended by the Circular No. 06/2023/TT-NHNN dated June 28, 2023
of the Governor of the State Bank of Vietnam) is promulgated pursuant to:
“The Law on the State Bank of Vietnam dated June
16, 2010;
The Law on Credit Institutions dated June 16,
2010 and the Law providing amendments to the Law on Credit Institutions dated
November 20, 2017;
The Government's Decree No. 102/2022/ND-CP dated
December 12, 2022 prescribing functions, tasks, powers and organizational
structure of the State Bank of Vietnam (SBV);
And at the request of the Director of the
Monetary Policy Department;”
[3] The Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers is promulgated
pursuant to:
“The Law on the State Bank of Vietnam dated June
16, 2010;
The Law on Credit Institutions dated January 18,
2024;
The Government's Decree No. 102/2022/ND-CP dated
December 12, 2022 prescribing functions, tasks, powers and organizational
structure of the State Bank of Vietnam (SBV);
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[4] This Clause is amended according to
Point a Clause 1 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[5] This Point is amended according to
Point a Clause 1 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[6] This Clause is amended according to
Point b Clause 1 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[7] This Clause is added according to Point
b Clause 1 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments
to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of
the State Bank of Vietnam prescribing lending transactions of credit
institutions and foreign bank branches with customers, coming into force from
July 01, 2024.
[8] This Clause is added according to Point
c Clause 1 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments
to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of
the State Bank of Vietnam prescribing lending transactions of credit
institutions and foreign bank branches with customers, coming into force from
July 01, 2024.
[9] This Clause is amended according to
Clause 2 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[10] This Clause is amended according to
Clause 3 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[11] This Clause is abrogated according to
Article 2 of the Circular No. 06/2023/TT-NHNN providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
[12] This Point is amended according to
Clause 2 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
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[14] This clause ceases to have effect from
September 01, 2023 to the effective date of new legislative documents
prescribing these matters as prescribed in Article 1 of the Circular No.
10/2023/TT-NHNN terminating effect of some provisions of the Circular No.
39/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing lending transactions of credit institutions and foreign
bank branches with customers (as amended by the Circular No. 06/2023/TT-NHNN
dated June 28, 2023 of the Governor of the State Bank of Vietnam), coming into
force from September 01, 2023.
[15] This clause ceases to have effect from
September 01, 2023 to the effective date of new legislative documents
prescribing these matters as prescribed in Article 1 of the Circular No.
10/2023/TT-NHNN terminating effect of some provisions of the Circular No.
39/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing lending transactions of credit institutions and foreign
bank branches with customers (as amended by the Circular No. 06/2023/TT-NHNN
dated June 28, 2023 of the Governor of the State Bank of Vietnam), coming into
force from September 01, 2023.
[16] This Article is amended according to
Clause 4 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[17] This Clause is amended according to
Clause 3 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
[18] This Clause is amended according to
Clause 4 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
[19] This Clause is amended according to
Clause 5 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[20] This Clause is amended according to
Clause 5 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
[21] This Clause is amended according to
Point a Clause 6 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[22] This Point is amended according to
Point b Clause 6 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
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[24] This Point is amended according to
Point a Clause 6 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[25] This Point is amended according to
Point d Clause 6 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[26] This Point is amended according to
Point b Clause 6 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[27] This Point is added according to Point
c Clause 6 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments
to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of
the State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[28] This Point is amended according to
Point dd Clause 6 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[29] This Point is amended according to
Point e Clause 6 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[30] This Point is amended according to
Clause 7 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from September 01,
2023.
[31] This Article is amended according to
Clause 7 Article 1 of the Circular No. 12/2024/TT-NHNN providing amendments to
the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[32] This Clause is amended according to
Point a Clause 8 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
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[34] This Clause is amended according to
Point b Clause 8 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[35] This Clause is added according to
Point c Clause 8 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[36] This Clause is added according to
Point d Clause 8 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[37] This Clause is added according to
Point dd Clause 8 Article 1 of the Circular No. 12/2024/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from July 01, 2024.
[38] This Clause is amended according to
Point a Clause 10 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[39] This Clause is amended according to Point
b Clause 10 Article 1 of the Circular No. 06/2023/TT-NHNN providing amendments
to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of
the State Bank of Vietnam prescribing lending transactions of credit
institutions and foreign bank branches with customers, coming into force from
September 01, 2023.
[40] This Clause is amended according to
Point c Clause 10 Article 1 of the Circular No. 06/2023/TT-NHNN providing
amendments to the Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the
Governor of the State Bank of Vietnam prescribing lending transactions of
credit institutions and foreign bank branches with customers, coming into force
from September 01, 2023.
[41] This Article is abrogated according to
Article 2 of the Circular No. 12/2024/TT-NHNN providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[42] This Article is abrogated according to
Article 2 of the Circular No. 12/2024/TT-NHNN providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
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[44] This Article is abrogated according to
Article 2 of the Circular No. 12/2024/TT-NHNN providing amendments to the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers, coming into force from July 01, 2024.
[45] Articles 3 and 4 of the Circular No.
06/2023/TT-NHNN providing amendments to the Circular No. 39/2016/TT-NHNN dated
December 30, 2016 of the Governor of the State Bank of Vietnam prescribing
lending transactions of credit institutions and foreign bank branches with
customers, coming into force from September 01, 2023, stipulate as follows:
“Article 3. Responsibility for implementation
The Chief of Office, the Director of the Monetary
Policy Department, heads of the State Bank’s affiliated units, and credit
institutions are responsible for the implementation of this Circular.
Article 4. Effect
1. This Circular comes into force from September
01, 2023.
2. With regard to a loan agreement or credit
contract signed before the effective date of this Circular, the credit
institution and its customer shall continue complying with terms and conditions
of the loan agreement or credit contract signed in accordance with regulations
and laws in force at the date of signing of that loan agreement or credit
contract. Any revisions to the signed loan agreement or credit contract must
comply with the provisions of this Circular./.
[46] Article 2 and Article 3 of the
Circular No. 10/2023/TT-NHNN terminating effect of some provisions of the
Circular No. 39/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam prescribing lending transactions of credit institutions
and foreign bank branches with customers (as amended by the Circular No.
06/2023/TT-NHNN dated June 28, 2023 of the Governor of the State Bank of
Vietnam), coming into force from September 01, 2023 stipulate as follows:
“Article 2. Effect
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Article 3. Responsibility for implementation
Chief of Office, the Director of the Monetary
Policy Department, Heads of units affiliated to the State Bank of Vietnam,
Directors of branches of the State Bank of Vietnam in provinces and
central-affiliated cities, credit institutions and branches of foreign banks
are responsible for the implementation of this Circular./.”
[47] Articles 3 and 4 of the
12/2024/TT-NHNN providing amendments to the Circular No. 39/2016/TT-NHNN dated
December 30, 2016 of the Governor of the State Bank of Vietnam prescribing
lending transactions of credit institutions and foreign bank branches with
customers, coming into force from July 01, 2024, stipulate as follows:
“Article 3. Responsibility for implementation
Chief of Office, the Director of the Monetary
Policy Department, Heads of units affiliated to the State Bank of Vietnam,
Directors of branches of the State Bank of Vietnam in provinces and central-affiliated
cities, credit institutions and branches of foreign banks are responsible for
the implementation of this Circular.
Article 4. Effect
1. This Circular comes into force from July 01,
2024.
2. Clause 8, and Point b Clause 9 Article 1 of
the Circular No. 06/2023/TT-NHNN are abrogated.
3. With regard to a loan agreement or credit
contract signed before the effective date of this Circular, the credit
institution and its customer shall continue complying with terms and conditions
of the loan agreement or credit contract signed in accordance with regulations
and laws in force at the date of signing of that loan agreement or credit
contract. Any revisions to the signed loan agreement or credit contract must
comply with the provisions of this Circular./.”