Circular No. 42/2024/TT-NHNN amends and supplements certain Articles of Circular No. 04/2021/TT-NHNN regarding refinancing for credit institutions when lending to VACJSC and restructuring repayment terms due to the impact of the COVID-19 pandemic. This document specifies detailed provisions related to extending refinancing periods, the responsibilities of the Monetary Policy Department in handling loan refinancing requests, and amending the basic loan contracts.
Đối tượng áp dụng
State Bank of Vietnam, credit institutions, Vietnam Airlines Corporation Joint Stock Company (VACJSC)
Các điểm cốt lõi
- Credit institutions are automatically extended refinancing up to five times with a total maximum period of six years (Article 7).
- The Monetary Policy Department is responsible for submitting to the Governor of the State Bank for consideration and handling credit institutions' refinancing loan requests (Article 14).
- The State Bank Trading Department and credit institutions must review and amend the basic refinancing loan contracts within two working days from receiving the decision to amend (Article 14).
- The National Assembly Resolution is the legal basis for refinancing and debt restructuring (Article 3).
- Credit institutions shall implement debt restructuring according to the provisions of the law (Article 12).
🌐 Tác động xã hội từ văn bản này
- To provide credit institutions with additional time to handle loans to VACJSC.
- Strengthen the responsibility and management procedures of the State Bank in refinancing.
- It may lead to bad debt risks if credit institutions do not manage effectively.
❓ Câu hỏi thường gặp
How many times can credit institutions be extended refinancing?
Credit institutions are automatically extended refinancing up to five times (Article 7).
What is the maximum duration for refinancing and extensions?
The total maximum duration for refinancing and extensions does not exceed six years (Article 7).
What responsibilities does the Monetary Policy Department have in handling refinancing loan requests?
The Monetary Policy Department is responsible for submitting to the Governor of the State Bank for consideration and handling credit institutions' refinancing loan requests (Article 14).
What must the State Bank Trading Department and credit institutions do after receiving the amendment decision?
Within two working days, the State Bank Trading Department and credit institutions must review and amend the basic refinancing loan contracts (Article 14).
Which National Assembly Resolution is specified in this Circular?
The National Assembly Resolutions referred to in this Circular are Resolution No. 135/2020/QH14 and Resolution No. 142/2024/QH15 (Article 3).
Toàn văn
CIRCULAR
Amending and supplementing certain provisions of Circular No. 04/2021/TT-NHNN dated April 5, 2021, issued by the Governor of the State Bank of Vietnam on refinancing for credit institutions after such credit institutions have lent to Vietnam Airlines Joint Stock Company and restructuring repayment terms, maintaining the risk classification group, and provisioning for risks related to debts of Vietnam Airlines Joint Stock Company due to the impact of the COVID-19 pandemic
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated January 18, 2024;
Pursuant to Resolution No. 135/2020/QH14 dated November 17, 2020 of the National Assembly on the 10th Session of the 14th National Assembly session XIV;
Pursuant to Resolution No. 142/2024/QH154dated June 29, 20245 of the National Assembly on the 7th Session of the 15th National Assembly; 6 day4 of the National Assembly's seventh session, session XV;
Pursuant to Decree No. 102/2022/NĐ-CP dated December 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
Article 1.
The Governor of the State Bank of Vietnam promulgates This Circular amends and supplements certain provisions of of Circular No. 04/2021/TT-NHNN dated April 5, 2021 of the Governor of the State Bank of Vietnam stipulating refinancing for credit institutions after such credit institutions have lent to Vietnam Airlines Joint Stock Company and restructuring repayment terms, maintaining the risk classification group, and provisioning for risks related to debts of Vietnam Airlines Joint Stock Company due to the impact of the COVID-19 pandemic9.
Article 1. Amending and supplementing certain provisions of Circular No. 04/2021/TT-NHNN
2. Amending and supplementing Article 7 as follows:
"1. The Resolutions of the National Assembly are Resolution No. 135/2020/QH14 dated November 17, 2020 of the National Assembly on the 10th Session of the 14th National Assembly and Resolution No. 142/2024/QH15 dated June 29, 2024 of the National Assembly on the 7th Session of the 15th National Assembly."
2. Amending and supplementing Clause 3 of Article 7 as follows:
"3. Extension of refinancing: The refinancing loan amount is automatically extended five times at maturity for the remaining principal balance of the refinancing loan; each extension period is equal to the refinancing period; the total refinancing and extended refinancing period shall not exceed six years."
3. Amending and supplementing Clause 1 of Article 14 as follows:
"1. Department of Monetary Policy
a) The focal point for submitting to the Governor of the State Bank of Vietnam for consideration and handling applications for refinancing loans from credit institutions in accordance with this Circular;
b) The focal point for submitting to the Governor of the State Bank of Vietnam for issuing Decisions to amend and supplement Decisions on refinancing loans for credit institutions to implement the Resolutions of the National Assembly and the Government."
4. Supplementing Point d of Clause 3 of Article 14 as follows:
"d) Within two working days from the date of receipt of the Decision to amend and supplement the Decision on refinancing, the State Bank of Vietnam Trading Center and the credit institution shall review, amend, and supplement the Principle Refinancing Loan Contract."
Supplementing and replacing certain phrases in Clause 2 of Article 12 as follows:
1. Adding the phrase "restructuring repayment terms" after the phrase "credit institutions implement".
2. Replacing the phrase "as stipulated in this Circular" with the phrase "as stipulated in Clause 1 of this Article".
3. Replacing the phrase "as stipulated by the State Bank of Vietnam regarding loan classification, provisioning, and utilization for risk management in the operations of credit institutions and foreign bank branches" with the phrase "as stipulated by law".
This Circular takes effect from December 25, 2025/.
The Director of the Office, the Heads of the Department of Monetary Policy, the Inspectorate and Supervision Department, the Department of Credit for Economic Sectors, and the Heads of units under the State Bank of Vietnam, credit institutions are responsible for organizing the implementation of this Circular.
Article 4. Implementation provisions
This Circular takes effect from July 22, 2024./.
DEPUTY DIRECTOR
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