LEGAL UPDATE RELATING TO FINANCE AND CREDIT (MONTHLY LEGAL UPDATE – 10&11/2025)
1. LEGAL DOCUMENTS ARE ISSUED IN 10, 11/2025
1.2. Circular No. 23/2025/TT-NHNN amendments to Circular No. 30/2019/TT-NHNN dated December 27, 2019 of governor of state bank of vietnam prescribing reserve requirements to be satisfied by credit institutions and foreign bank branches.
- Name of legal document: Circular N 23/2025/TT-NHNN issued on August 12, 2025, by the State Bank of Vietnam on the amendments to Circular No. 30/2019/TT-NHNN dated December 27, 2019 of governor of state bank of Vietnam prescribing reserve requirements to be satisfied by credit institutions and foreign bank branches (hereinafter referred to as “Circular 23/2025/TT-NHNN”).
- Effective Date: 01/10/2025.
The content should be noted: Regulations on reduction in reserve ratios.
Specifically, Article 2 of Circular No. 23/2025/TT-NHNN stipulates: “Article 2. Amendments to Article 7 of Circular No. 30/2019/TT-NHNN
Article 7 is amended as follows:
“Article 7. Reduction in reserve ratios
- The reserve ratio imposed on an assisting credit institution as defined in clause 39 Article 4 of the Law on Credit Institutions (hereinafter referred to as “assisting credit institution”) shall be reduced by 50% according to the plan for recovery of the credit institution placed under special control approved by a competent authority (hereinafter referred to as “approved recovery plan”).
- The reserve ratio imposed on a credit institution that receives mandatory transfer of a commercial bank placed under special control as prescribed in the Law on Credit Institutions (hereinafter referred to as “transferee”) shall be reduced by 50% according to the plan for mandatory transfer of a commercial bank placed under special control approved by a competent authority (hereinafter referred to as “approved mandatory transfer plan”).
- The rate of reduction in reserve ratio granted to each of the credit institutions prescribed in clauses 1 and 2 of this Article shall be calculated according to the reserve ratio imposed on that credit institution as prescribed in clause 1 Article 6 of this Circular, regardless of types of reservable deposits.”
1.2. Decision No. 3440/QD-NHNN on the promulgation of newly issued, amended, supplemented, replaced, or abolished administrative procedures in the foreign exchange operations sector implemented at the single-window division under the functional management scope of the State Bank of Vietnam.
- Name of legal document: Decision No. 3440/TT-NHNN issued on October 12, 2025, by the State Bank of Vietnam on the promulgation of newly issued, amended, supplemented, replaced, or abolished administrative procedures in the foreign exchange operations sector implemented at the single-window division under the functional management scope of the State Bank of Vietnam (hereinafter referred to as “Decision No. 3440/QD-NHNN”).
- Effective date: 12/10/2025.
The content should be noted: Regulations on the procedure for licensing commercial banks to produce gold bars.
Specifically, Clause 1.11, Article 1, Part II of Decision No. 3340/QD-NHNN stipulates: “1.11. Requirements and Conditions:
…
– For Commercial Banks:
a) Must possess a License for gold bar trading/business;
b) Must have a charter capital of VND 50,000 billion or more;
c) Must not have been penalized for administrative violations related to gold business operations or, if penalized for administrative violations related to gold business operations, must have completed all remedial measures in accordance with the Decision on administrative violation penalties and the time-bound recommendations in the inspection and examination conclusions of competent State agencies (if any);
d) Must have internal regulations on gold bar production, including fundamental contents such as the raw material import process; the gold bar production process; the production monitoring process; and the product quality control process.”
1.3. Circular No. 21/2025/TT-NHNN prescribing credit rating of credit institutions and foreign bank branches.
- Name of legal document: Circular No. 21/2025/TT-NHNN issued on July 31, 2025, by the State Bank of Vietnam on the prescribing credit rating of credit institutions and foreign bank branches (hereinafter referred to as “Circular 21/2025/TT-NHNN”).
- Effective Date: 01/11/2025.
The content should be noted: Regulations on the rating criteria system.
Specifically, Article 6 of Circular No. 21/2025/TT-NHNN stipulates: “Article 6. Credit rating criteria system
- The system of criteria used for the credit rating of credit institutions and FBBs shall include:a) Capital (C);b) Asset quality (A);c) Management and administration (M);d) Business efficiency (E);đ) Liquidity (L);e) Sensitivity to market risk (S).
- Credit institutions and FBBs may be scored according to criteria and subgroup of indicators prescribed in Article 7, 8, 9, 10, 11 and 12 hereof.”
1.4. Circular No. 27/2025/TT-NHNN on guidelines for implementation of a number of articles of the law on anti-money laundering.
- Name of legal document: Circular N 27/2025/TT-NHNN issued on September 15, 2025, by the State Bank of Vietnam on the guidelines for implementation of a number of articles of the law on anti-money laundering (hereinafter referred to as “Circular 27/2025/TT-NHNN”).
- Effective Date: 15/11/2025.
The content should be noted: Procedures for money laundering risk management.
Specifically, Clause 1 of Article 4 of Circular No. 27/2025/TT-NHNN stipulates: “Article 4. Procedures for money laundering risk management…
- Based on the results of assessment and update of money laundering risk as prescribed in Article 3 of this Circular, reporting entities shall formulate and promulgate procedures for money laundering risk management at reporting entities. Procedures for money laundering risk management must be approved by senior managers that have authority under the law of reporting entities or by persons authorized by such senior managers, and must be presented step by step in line with the size, scope, and characteristics of operations of reporting entities for money laundering risk management. Procedures for money laundering risk management must include at least the following:a) Defining the scope and objectives of money laundering risk management activities;b) Identifying and assessing the level of impact of money laundering risk at reporting entities;c) Customer risk rating by money laundering risk levels of low, medium, and high based on the following factors: customers; products and services that customers are using or intend to use; geographic locations where customers reside or have their head offices; and other factors self-identified by reporting entities in line with actual circumstances and specified in risk management procedures;d) Procedures for identifying and assessing money laundering risk before providing new products or services, or existing products and services applying innovative technology;đ) Risk management procedures for executing, refusing, suspending, controlling after transaction, or considering and reporting suspicious transactions of wire transfer transactions with inaccurate or incomplete information as required;e) Risk management procedures in cases where products or services are provided to customers before completion of verification of customer due diligence (CDD) information as required by law, including specific conditions under which customers may use products or services before completion of verification of CDD information;g) Measures applied corresponding to customer money laundering risk levels, including updating CDD information, frequency of updating CDD information, verifying CDD information, monitoring customer transactions according to money laundering risk levels, simplified CDD measures, and enhanced CDD measures as prescribed in Clauses 2 and 5 of this Article.”
1.5. Circular No. 29/2025/TT-NHNN on providing guidance for credit institutions and foreign bank branches on granting loans for agriculture and rural development.
- Name of legal document: Circular N 29/2025/TT-NHNN issued on September 30, 2025, by the State Bank of Vietnam on providing guidance for credit institutions and foreign bank branches on granting loans for agriculture and rural development (hereinafter referred to as “Circular 29/2025/TT-NHNN”).
- Effective date: 15/11/2025.
The content should be noted: Regulations on the debt rescheduling for borrowers facing difficulties due to objective and force majeure reasons.
Specifically, Article 3 of Circular No. 29/2025/TT-NHNN stipulates: “Article 3. Debt rescheduling for borrowers facing difficulties due to objective and force majeure reasons
- In cases where customers face difficulties due to objective and force majeure reasons as defined in Clause 12 of Article 3 and Clause 1 of Article 12 of Decree No. 55/2015/ND-CP, which is amended by Decree No. 116/2018/ND-CP and Decree No. 156/2025/ND-CP, and specifically determined on each occasion by the credit institution and the borrower(hereinafter referred to as specific objective and force majeure reasons), the credit institution shall consider rescheduling outstanding principal and/or interest and maintaining debt group classification of rescheduled debts (principal and/or interest) under the applicable regulations at the most recent time before debt rescheduling under this Circular, based on the borrower’s proposal, the financial capacity of the credit institution, and compliance with the following conditions:a) There exists an outstanding principal incurred before or during the occurrence of the specific objective and force majeure reasons;b) The outstanding principal and/or interest of each repayment period of the debt to be rescheduled is either undue or overdue by up to 10 (ten) days from the agreed repayment due date;c) The credit institution determines that the borrower is facing difficulties and unable to repay the principal and/or interest on time as agreed due to specific objective and force majeure reasons, and is capable of fully repaying the principal and/or interest after the debt is rescheduled;d) A debt may be rescheduled an unlimited number of times; however, the duration granted for each rescheduling for the same specific objective and force majeure reason must not exceed:i) 12 months from the due date of each outstanding principal and interest of the rescheduled short-term debts;ii) 36 months from the due date of each outstanding principal and interest of the rescheduled medium-term and long-term debts;The due date of each outstanding debt rescheduled under this point shall be based on the repayment term and periods most recently agreed upon before it is rescheduled for the first time under this Circular for the same specific objective and force majeure reason.
- Debts that have been rescheduled under other laws and satisfy the regulations herein may be considered by the credit institution for debt rescheduling in accordance herewith.”
1.6. Circular No. 33/2025/TT-NHNN on amendment to Circular No. 17/2014/TT-NHNN on classification, packaging, delivery of precious metal and precious jewels.
- Name of legal document: Circular N 33/2025/TT-NHNN issued on September 30, 2025, by the State Bank of Vietnam on the guidelines for implementation of a number of articles of the law on anti-money laundering (hereinafter referred to as “Circular 33/2025/TT-NHNN”).
- Effective Date: 15/11/2025.
The content should be noted: Amendments to the regulations on the documents required upon delivery of precious metals and precious jewels.
Specifically, Article 10 of Circular No. 33/2025/TT-NHNN stipulates: “Article 10. Amendment to Clause 1 Article 15
“1. The following documents shall be required upon delivery of precious metal and precious jewels:
a) Storage withdrawal order of competent authorities, SBV, credit institutions;
b) Notice of storage withdrawal;
c) Power of attorney of receiving persons, receiving entities (when receiving on behalf);
d) ID Card or electronic ID Card or passport of receiving persons.”
1.7 Circular No. 30/2025/TT-NHNN on amendments to certain articles of the Circular No. 15/2024/TT-NHNN on provision of cashless payment services.
- Name of legal document: Circular N 30/2025/TT-NHNN issued on September 30, 2025, by the State Bank of Vietnam on amendments to certain articles of the Circular No. 15/2024/TT-NHNN on provision of cashless payment services.
- Effective date: 18/11/2025.
The content should be noted: Regulations on the procedures and conditions for cash deposit and withdrawal via the National Inter – bank Electronic Payment System.
Specifically, Clause 1 of Article 3 of Circular No. 30/2025/TT-NHNN stipulates: “Article 1. Amendments to some points and clauses of Article 7
- Point a Clause 2 Article 7 is amended as follows:“a) Where a credit institution deposits or withdraws cash via the National Inter – bank Electronic Payment System, the credit institution or the branch of the credit institution shall send list of officials authorized to conduct cash transactions with SBV’s regional branch and written authorization produced by each official and signed by legal representative of the credit institution (Appendix No. 1 attached hereto) to SBV’s regional branch. The written authorization must specify information on the authorized individual, term of authorization, detail of authorization pertaining to cash transactions and transport;”.”
- LEGAL DOCUMENTS ARE EFFECTIVE IN 09, 10/2025
2.1. Circular No. 31/2025/TT-NHNN on the operations conducted by subsidiaries or associate companies of credit institutions in the field of debt and collateral management.
- Name of legal document: Circular N 31/2025/TT-NHNN issued on September 30, 2025, by the State Bank of Vietnam on the operations conducted by subsidiaries or associate companies of credit institutions in the field of debt and collateral management.
- Effective date: 01/12/2025.
The content should be noted: Regulations on the operations conducted by debt management companies.
Specifically, Article 4 of Circular No. 31/2025/TT-NHNN stipulates: “Article 4. Operations conducted by debt management companies
A debt management company is allowed to conduct the following operations:
- Debt management and settlement as authorized by the authorizing party as prescribed in Article 6 of this Circular.
- Management of debt collateral as authorized by the authorizing party as prescribed in Article 6 of this Circular.
- Utilization of collateral as authorized by the authorizing party through leasing of part of the authorizing party’s business building which is not yet used in accordance with regulations of Article 139 of the Law on Credit Institutions.
- Debt purchase and sale as prescribed in Article 7 of this Circular.
- Purchase of bad debt collateral as prescribed in Article 8 of this Circular.
- Settlement of bad debts and disposal of collateral of other bad debts according to the restructuring plan approved by the competent authority.
- Valuation of collateral of debts during implementation of the operations specified in clauses 1, 2, 4, 5 and 6 of this Article.”