Circular No. 05/2011/TT-NHNN stipulates the collection of specific types of loan fees by credit institutions from customers and prohibits the collection of other types of fees. This circular applies to credit institutions and customers.
적용 범위
Credit institutions and customers
핵심 사항
- Credit institutions shall not collect any fees related to loans granted to customers, except for fees paid when the customer repays the loan ahead of schedule, fees for standby credit limits, and fees for arranging the execution of financing contracts.
- The fees are specifically defined in relevant legal documents concerning lending.
- Banking Inspection and Supervision Authorities and the State Bank of Vietnam branches in provinces and cities shall conduct inspections, audits, and supervision of the collection of fees related to loans granted by credit institutions to customers.
- This Circular takes effect from the date of issuance.
- Credit institutions and customers are responsible for implementing this Circular.
🌐 이 문서의 사회적 영향
- Reducing the burden of loan fees on customers, creating a fair competitive environment among credit institutions.
- Clear regulations help prevent unreasonable fee collection, protecting the rights of customers.
❓ 자주 묻는 질문
What fees can credit institutions collect when granting loans?
Credit institutions may only collect fees paid when the customer repays the loan ahead of schedule and fees for standby credit limits, according to the provisions of the State Bank of Vietnam regarding the activities of credit institutions in granting loans to customers.
Can credit institutions collect any fees related to loans?
Yes, except for the fees specified in Article 1: fees paid when the customer repays the loan ahead of schedule and fees for standby credit limits.
Is there any authority that will check the implementation of this Circular?
Banking Inspection and Supervision Authorities and the State Bank of Vietnam branches in provinces and cities shall conduct inspections, audits, and supervision of the collection of fees related to loans granted by credit institutions to customers.
When does this Circular take effect?
This Circular takes effect from the date of issuance.
What should credit institutions and customers do to implement this Circular?
Credit institutions and customers borrowing funds from credit institutions are responsible for implementing this Circular.
전문
CIRCULAR
Regulations on Loan Origination Fees Charged by Credit Institutions to Customers
_______________________________
Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credit Organizations No. 47/2010/QH12 dated June 16, 2010;
Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
Pursuant to Resolution No. 11/NQ-CP dated February 24, 2011 of the Government on key measures to focus on controlling inflation, stabilizing the macro-economy, and ensuring social welfare;
The State Bank of Vietnam hereby stipulates loan origination fees charged by credit institutions and foreign bank branches (hereinafter referred to as credit institutions) to customers as follows:
Article 1. Credit institutions shall not charge any types of fees related to loans granted to customers, except for the following fees:
1. Fees payable in cases where customers repay loans ahead of schedule and fees for standby credit limits as prescribed by the State Bank of Vietnam regarding credit institution activities with customers.
2. Fees for arranging the execution of syndicated loan financing contracts between participating credit institutions and customers as prescribed by the State Bank of Vietnam concerning syndicated loan financing by credit institutions.
3. Types of fees are specifically regulated in relevant legal documents pertaining to lending.
Article 2. Banking Inspection and Supervision Authorities and State Bank of Vietnam Branches in provinces and centrally governed cities shall conduct inspections, audits, and supervision of loan-related fee collection by credit institutions from customers; apply measures within their authority to handle credit institutions violating the provisions of this Circular.
Article 3. Implementation
1. This Circular takes effect from the date of signature.
Deputy Director of the Office, Heads of the Monetary Policy Department and other units under the State Bank of Vietnam, Governors of State Bank of Vietnam Branches in provinces and centrally governed cities, Chairmen of Management Boards and General Directors (Directors) of credit institutions, and borrowers at credit institutions are responsible for implementing this Circular./.
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