1. LEGAL DOCUMENTS ARE ISSUED IN 06/2021

Decree No. 58/2021/ND-CP on provision of credit information service

• Name of legal document: Decree 58/2021/ND-CP dated June 10, 2021 of the Government on provision of credit information service (referred to as the “Decree No. 58/2021/ND-CP”).

• Effective date: 15/08/2021.

Some content should be noted:

• Firstly, stipulating on operating principles of provision of credit information.

Specifically, Article 4 of Decree No. 58/2021/ND-CP stipulates: “Article 4. Operating principles of provision of credit information

1. Credit information companies shall provide credit information only after receiving certificate issued by the SBV.

2. Provision of credit information must comply with regulations and law, ensure truthfulness, objectivity, and not affect legal rights and benefits of relevant organizations and individuals.

3. Agreements and commitments in provision of credit information specified under this Decree must be made into records or other equally legitimate forms as written documents as per the law.

4. Credit information companies shall only collect credit information of debtors from participating organizations when the debtors allow the participating organizations to provide their credit information according to Annex I attached hereto.

5. Principles of providing credit information products:a) Credit information companies shall provide credit information products according to Article 21 hereof;b) Credit information companies shall only provide credit information products which contain identification information of debtors to other participating organizations under consent of the debtors under Annex II attached hereto, except for cases where the organizations receive consent of the debtors according to Clause 4 of this Article;c) Credit information companies shall not provide credit information products which contain identification information of debtors to other organizations and individuals under Point dd Clause 1 Article 21 hereof.”

• Secondly, stipulating on restrictions in provision of credit information service.

Specifically, Article 6 of Decree No. 58/2021/ND-CP stipulates: “Article 6. Restrictions in provision of credit information service

1. Do not illegally collect, provide information classified as Government secret.

2. Do not intentionally deviate credit information thereby affecting legal rights and benefits of relevant organizations and individuals.

3. Do not exchange credit information, or provide credit information for the wrong individuals, for the wrong purposes or illegally.

4. Do not exploit provision of credit information for personal gain, violating benefits of the Government, or legal rights and benefits of organizations and individuals.

5. Do not obstruct legal collection and use of credit information of organizations and individuals.”

1. LEGAL DOCUMENTS ARE ISSUED IN 05/2021

Decision No. 810/QD-NHNN on approving Plan for digital transformation of banking sector by 2025 with orientations towards 2030

• Name of legal document: Decision 810/QD-NHNN dated May 11, 2021 of the State Bank of Vietnam on approving Plan for digital transformation of banking sector by 2025 with orientations towards 2030 (referred to as the “Decision No. 810/QD-NHNN”).

• Effective date: 11/05/2021.

Some content should be noted:

• Firstly, stipulating on basic objectives by 2025 for credit institutions and foreign bank branches.

Specifically, Clause 2.1.2 Subsection 2 Section III of Plan for digital transformation of banking sector by 2025 with orientations towards 2030 (Promulgated together with Decision No. 810/QD-NHNN) stipulates:

“III. OBJECTIVES

…

2. Some specific objectives

…

2.1.2. For credit institutions and foreign bank branches (hereinafter referred to as “credit institutions”):

a) Customers can perform at least 50% of banking operations completely by digital means;

b) At least 50% of adults use electronic payment services;

c) At least 70% of customer’s transactions can be carried out via digital channels (online channels between customers and banks);

d) More than 30% revenue of at least 60% of credit institutions come from digital channels;

dd) At least 50% of disbursement and lending decisions of commercial banks and financial companies for small loans and consumer loans of individual customers are made in a digital and automated manner;

e) At least 70% of work dossiers of credit institutions are processed and stored by digital means (excluding work dossiers concerning state secrets);”

• Secondly, stipulating on the task of establishment and development of digital bank models at credit institutions and foreign bank branches in implementation of Plan for digital transformation of banking sector by 2025 with orientations towards 2030.

Specifically, Section 5 of Appendix List of key tasks in implementation of Plan for digital transformation of banking sector by 2025 with orientations towards 2030 (Promulgated together with Decision No. 810/QD-NHNN) stipulates:

“

”

1. LEGAL DOCUMENTS ARE EFFECTIVE FROM 01/05/2021

1.1. Decree No. 21/2021/NĐ-CP on elaborating to the Civil Code regarding security for fulfillment of obligations

• Name of legal document: Degree No. 21/2021/NĐ-CP issued on 19/03/2021 by the Government on elaborating to the Civil Code regarding security for fulfillment of obligations (referred to as the “Decree No. 21/2021/NĐ-CP”).

• Effective date: 15/05/2021.

Some contents should be noted:

·        Firstly, stipulating on collateral for security for obligation fulfillment

Specifically, Article 8 of Decree No. 21/2021/NĐ-CP stipulates: “Article 8. Collateral for security for obligation fulfillment

Collateral for security for obligation fulfillment includes:

1. Current properties or off-plan properties, except for cases where the Civil Code or other relevant laws forbid sale, transfer or other change of ownership at the time of establishing security contracts, security measures;

2. Properties sold under property sale agreements with retention of ownership;

3. Properties considered as subjects of obligations under infringed bilateral contracts in case of lien measures;

4. Properties under general public’s ownership if prescribed by relevant laws.”

• Secondary, stipulating on effectiveness of security contracts

Specifically, Article 22 of Decree No. 21/2021/NĐ-CP stipulates: “Article 22. Effectiveness of security contracts

1. Security contracts certified, verified under the Civil Code or relevant law provisions or at request shall enter into force from the date on which they are certified, verified.

2. Security contracts not specified under Clause 1 of this Article shall enter into force from the date agreed upon by all parties.  In case no agreement is made, security contracts shall enter into force from the date on which the contracts are signed.

3. In case collateral is withdrawn under agreement, sections of security contracts that relate to the withdrawn collateral shall no longer be effective; in case collateral is added or replaced, revision of security contracts relating to this collateral shall be implemented according to the Civil Code and other relevant law provisions.

4. Security measures that have not entered into effect against a third individual shall not alter or nullify security contracts.”

• Thirdly, stipulating on Effects of security measures against a third individual

Specifically, Article 33 of Decree No. 21/2021/NĐ-CP stipulates: “Article 23. Effects of security measures against a third individual

1. Security measures shall only take effect against a third individual when security contracts have legally entered into force.

2. In case security measures require registration according to the Civil Code or other relevant law provisions or are registered under agreement or at request of secured parties, registration shall be carried out in competent agencies as per relevant law provisions when security measures take effect against a third individual.

3. For cases not specified under Clause 2 of this Article, effect against a third individual in case of pledge of property, deposit or security collateral measure shall start from the date on which secured parties hold collateral. “holding of collateral” specified under this Clause refers to when secure parties directly manage and control collateral or when other individuals manage collateral according to agreements or regulations and law and secured parties control the collateral.

4. In case collateral under security measures specified under Clause 3 of this Article is given to other individuals for management, effect against a third individual of security measures shall start from the date on which:a) Pledgees, depositees or security collateral receiving parties hold collateral;b) Individuals managing collateral receive collateral directly from pledgers, depositors or security collateral making parties;c) Security contracts take effect when other individuals are directly managing properties which are used as pledge, deposit or security collateral.

5. Effect against a third individual of escrow deposit measure shall start from the date on which escrow deposit is sent to escrow accounts in credit institutions where escrow deposit is made.”

1.2. Circular No. 01/2021/TT-NHNN regulating on domestic issuance of promissory notes, treasury bills, certificates of deposit, bonds by credit institutions, foreign bank branches

• Name of legal document: Circular No. 01/2021/TT-NHNN issued on 31/03/2021 by the State Bank regulating on domestic issuance of promissory notes, treasury bills, certificates of deposit, bonds by credit institutions, foreign bank branches (referred to as the “Circular No. 01/2021/TT-NHNN”).

• Effective date: 17/05/2021.

Some contents should be noted:

• Firstly, regulating the face value of valuable papers.

Specifically, Article 8 Circular No. 01/2021/TT-NHNN stipulates: “Article 8. Face value of valuable papers

1. The face value of a valuable paper is 100,000 (one hundred thousand) Viet Nam Dong or a multiple of 100,000 (one hundred thousand) Viet Nam Dong.

2. The face value of valuable papers (except bonds) issued in the form of pre-printed certificates or under agreement issued by credit institutions, foreign bank branches with buyers.

3. The face value of a bond issued in the form of a certificate is pre-printed on the bond.

4. The face value of the valuable paper issued not in the form of a certificate is agreed upon by the issuing credit institution or foreign bank branch with the buyer. ”

• Secondly, stipulating the time limit, issuance date and maturity date of the valuable paper.

 Specifically, Article 10 of Circular No. 01/2021/TT-NHNN stipulates: “Article 10. Time limit, issuance date and payment due date of valuable papers

1. Bonds with a time limit of one year or more, with a specific term prescribed by the credit institution. Bonds that are issued in the same batch and the same term are recorded on the same date of issue and the same date of maturity.

2. Time limit, date of issue and due date for promissory notes, treasury bills and certificates of deposit shall be stipulated by credit institutions, foreign bank branches. ”

1.3. Circular No. 02/2021/TT-NHNN guiding foreign currency transactions on the foreign currency market by credit institutions licensed to conduct foreign exchange activities

• Name of legal document: Circular No. 02/2021/TT-NHNN issued on 31/03/2021 by the State Bank guiding foreign currency transactions on the foreign currency market by credit institutions licensed to conduct foreign exchange activities (referred to as the “Circular No. 01/2021/TT-NHNN”).

• Effective date: 17/05/2021.

Some contents should be noted:

• Firstly, regulating on the transaction currency and the exchange rate.

Specifically, Article 5 of Circular No. 02/2021/TT-NHNN stipulates: “Article 5. Currency of the transaction and exchange rate

1. An authorized credit institution must prescribe the types of foreign currency transacted at the credit institution.

2. The spot exchange rate between VND and USD in a spot transaction and a spot transaction in a swap transaction is determined on the basis of the central exchange rate announced by the State Bank on the date of the transaction and the amplitude range specified by the State Bank.

3. The forward exchange rate between the Viet Nam Dong and the US dollar in a forward transaction or a forward transaction in a swap transaction shall be agreed upon by the parties to the transaction but must not exceed the rate determined on the basis:a) The spot exchange rate on the transaction date;b) The difference between the two current interest rates is the refinancing rate announced by the State Bank and the US dollar target rate of the Federal Funds Target Rate. If the US dollar target interest rate is in the range, the lowest interest rate within that range will be applied.c) Term of the transaction.

4. The exchange rate between Viet Nam Dong and foreign currencies other than the US dollar and the exchange rate between those foreign currencies in foreign currency transactions shall be agreed upon by the parties.

5. Authorized credit institutions must post up spot rates between Viet Nam Dong and foreign currencies in transactions with customers at foreign currency transaction locations of the authorized credit institutions and on the official website (if applicable). Authorized credit institutions conducts transactions with customers at the listed exchange rate, unless the two parties agree otherwise on the applicable exchange rate at the time of transaction.”

• Secondly, Specifically, Article 8 of Circular No. 02/2021/TT-NHNN stipulates: “Article 8. Transaction fees

Authorized credit institutions are not allowed to charge transaction fees for foreign currency transactions. ”

1.4. Circular No. 03/2021/TT-NHNN amending and supplementing a number of articles of the Circular No. 01/2020/TT-NHNN dated March 13, 2020 of the Governor of the State bank of Vietnam regulations debt rescheduling, exemption or reduction of interest and fees, retention of debt category to assist borrowers affected by covid-19 pandemic

• Name of legal document: Circular No. 03/2021/TT-NHNN issued on 02/04/2021 by the State Bank amending and supplementing a number of articles of the Circular No. 01/2020/TT-NHNN dated March 13, 2020 of the Governor of the State bank of Vietnam regulations debt rescheduling, exemption or reduction of interest and fees, retention of debt category to assist borrowers affected by Covid-19 pandemic (referred to as the “Circular No. 02/2021/TT-NHNN”).

• Effective date: 17/05/2021.

The content should be noted: amending and supplementing regulation on reduction and exemption of interest and/or fees.

Specifically, Clause 3 of Article 1 stipulates: “Article 1. Amending and supplementing a number of articles of Circular No. 01/2020/TT-NHNN

…

3. Amending and supplementing Article 5 as follows:

“Article 5. Reduction and exemption of interest and/or fees

1. Credit institutions and foreign bank branches shall decide on the exemption or reduction of interests and fees according to internal regulations for the outstanding balance of debts arising before June 10, 2020 from credit extension activities. (except for the purchase and investment of corporate bonds) whose obligations to repay principal and / or interest are due during the period from January 23, 2020 to December 31, 2021 and the customer has no ability to repay principal and / or interest on time according to contracts or agreements due to declining revenue and income due to the impact of Covid-19 pandemic.

2. The exemption or reduction of interests and fees for customers according to the provisions of this Circular will be implemented until December 31, 2021.””

1.5. Decision No. 649/QĐ-NHNN on the announcement of administrative procedures to be abolished in the monetary operation sector performed at the One-Stop Department under the jurisdiction of the State Bank of Vietnam

• Name of legal document: Decision No. 649/QĐ-NHNN issued on 15/04/2021 by the State Bank Decision No. 649/QĐ-NHNN on the announcement of administrative procedures to be abolished in the monetary operation section performed at the One-Stop Department under the jurisdiction of the State Bank of Vietnam (referred to as the “Decision No. 649/QĐ-NHNN”).

• Effective date: 17/05/2021.

The content should be noted: Annul the procedures for approval of plan for public bond issuance of credit institutions.

Specifically, ADMINISTRATIVE PROCEDURES TO BE ABOLISHED IN THE MONETARY OPERATION SECTOR UNDER THE JURISDICTION OF THE STATE BANK OF VIETNAM (Issued together with Decision No. 649/QĐ-NHNN dated April 15, 2021 of the Governor of the Bank State) stipulates:

“

”

2. LEGAL DOCUMENTS ARE ISSUED IN 04/2021

2.1. Circular No. 04/2021/TT-NHNN on refinancing of credit institutions after credit institutions for VIETNAM AIRLINES JSC and the restructuring of repayment term, keeping intact debt group, setting up a risk provision for debts of VIETNAM AIRLINES JSC due to the influence of Covid-19pandemic

• Name of legal document: Circular No. 04/2021/TT-NHNN dated April 5, 2021 of the Governor of the State Bank of Vietnam on refinancing of credit institutions after credit institutions for VIETNAM AIRLINES JSC and the restructuring of repayment term, keeping intact debt group, setting up a risk provision for debts of VIETNAM AIRLINES JSC due to the influence of Covid-19pandemic (referred to as the “Circular No. 04/2021/TT-NHNN”).

• Effective date: 05/04/2021.

Some content should be noted:

• Firstly, stipulating on refinance amount.

Specifically, Article 4 of Circular No. 04/2021/TT-NHNN stipulates: “Article 4. Refinance amount

1. The maximum refinance amount for each VNA loan must not exceed the loan amount of each VNA loan under the refinancing application form of a credit institution.

2. The total refinance amount for credit institutions is maximum of 4,000 billion dong (four thousand billion dong).”

• Secondly, stipulating on refinance interest rate.

Specifically, Article 5 of Circular No. 04/2021/TT-NHNN stipulates: “Article 5. Refinance interest rate

1. The refinance interest rate is 0%/year, applicable to the refinancing term and the refinancing term (if any).

2. The interest rate applicable to overdue refinancing principals is equal to 150% of the refinancing interest rate announced by the State Bank from time to time at the time when the refinancing is transferred overdue.”

• Thirdly, stipulating on collateral.

Specifically, Article 6 of Circular No. 04/2021/TT-NHNN stipulates: “Article 6. Collateral

The State Bank refinancing without collateral for credit institutions.”

2.2. Decision No. 617/QĐ-NHNN on the announcement of new administrative procedures issued in the monetary operation sector, performed at the One-door Department under the jurisdiction of the State Bank of Vietnam

• Name of legal document: Decision No. 617/QĐ-NHNN issued on 06/04/2021 by the State Bank on the announcement of new administrative procedures issued in the monetary sector, performed at the one-door department under the jurisdiction of the State Bank of Vietnam (referred to as the “Decision No. 617/QĐ-NHNN”).

• Effective date: 06/04/2021.

The content should be noted: Stipulating procedures for refinancing approval for credit institutions after the credit institution lends to VIETNAM AIRLINES JSC.

Specifically, Item 1, Part II New administrative procedures issued in the monetary sector, performed at the one-door department under the jurisdiction of the State Bank of Vietnam, issued together with Decision No. 617/QD-NHNN stated: “1. Procedures for refinancing approval for credit institutions after credit institutions lend to VIETNAM AIRLINES JSC.

– The order of execution:

Step 1: The credit institution sends 01 application for refinancing loan according to Appendix I issued together with Circular No. 04/2021/TT-NHNN dated April 5, 2021 to the head office of the State Bank.

Step 2: Within 12 working days from the date of receipt of the request for refinancing loan from the credit institution, the State Bank of Vietnam shall issue a decision to refinance the credit institution, in case of disagreement, the State Bank shall issue a written document clearly stating the reason to the credit institution.

– The way to perform:

+ Head office of the State Bank (directly at the One-Door Department); or

+ Postal service.

– Dossier composition: Application for refinancing loan according to Appendix I issued together with Circular No. 04/2021/TT-NHNN.

– Number of dossier: 01 set.

– Processing term: 12 working days from the date of receipt of complete and valid dossier.

– Subjects of administrative procedures: Credit institutions.

– Administrative procedure settlement agency: State Bank of Vietnam (Monetary Policy Department).

– Result of the implementation of administrative procedures: Decision on refinancing.

– Fees and charges: No.

– Name of application form, declaration form: Re-financing application form according to Appendix I issued together with Circular No. 04/2021/TT-NHNN.

– The legal basis of administrative procedures:

+ Law on the State Bank of Vietnam dated June 16, 2010;

+ Law on Credit Institutions dated June 16, 2010; Law amending and supplementing a number of articles of the Law on Credit Institutions dated November 20, 2017;

+ Circular No. 04/2021/TT-NHNN dated April 5, 2021 of the Governor of the State Bank of Vietnam on refinancing of credit institutions after credit institutions for VIETNAM AIRLINES JSC and the restructuring of repayment term, keeping intact debt group, setting up a risk provision for debts of VIETNAM AIRLINES JSC due to the influence of Covid-19pandemic./ .”

1. LEGAL DOCUMENTS ARE EFFECTIVE FROM 01/04/2021

1.1. Circular No. 01/2021/TT-NHNN regulating on domestic issuance of promissory notes, treasury bills, certificates of deposit, bonds by credit institutions, foreign bank branches

• Name of legal document: Circular No. 01/2021/TT-NHNN issued on 31/03/2021 by the State Bank regulating on domestic issuance of promissory notes, treasury bills, certificates of deposit, bonds by credit institutions, foreign bank branches (referred to as the “Circular No. 01/2021/TT-NHNN”).

• Effective date: 17/05/2021.

Some contents should be noted:

• Firstly, regulating the face value of valuable papers.

Specifically, Article 8 Circular No. 01/2021/TT-NHNN stipulates: “Article 8. Face value of valuable papers

1. The face value of a valuable paper is 100,000 (one hundred thousand) Viet Nam Dong or a multiple of 100,000 (one hundred thousand) Viet Nam Dong.

2. The face value of valuable papers (except bonds) issued in the form of pre-printed certificates or under agreement issued by credit institutions, foreign bank branches with buyers.

3. The face value of a bond issued in the form of a certificate is pre-printed on the bond.

4. The face value of the valuable paper issued not in the form of a certificate is agreed upon by the issuing credit institution or foreign bank branch with the buyer. ”

• Secondly, stipulating the time limit, issuance date and maturity date of the valuable paper.

 Specifically, Article 10 of Circular No. 01/2021/TT-NHNN stipulates: “Article 10. Time limit, issuance date and payment due date of valuable papers

1. Bonds with a time limit of one year or more, with a specific term prescribed by the credit institution. Bonds that are issued in the same batch and the same term are recorded on the same date of issue and the same date of maturity.

2. Time limit, date of issue and due date for promissory notes, treasury bills and certificates of deposit shall be stipulated by credit institutions, foreign bank branches. ”

1.2. Circular No. 02/2021/TT-NHNN guiding foreign currency transactions on the foreign currency market by credit institutions licensed to conduct foreign exchange activities

• Name of legal document: Circular No. 02/2021/TT-NHNN issued on 31/03/2021 by the State Bank guiding foreign currency transactions on the foreign currency market by credit institutions licensed to conduct foreign exchange activities (referred to as the “Circular No. 01/2021/TT-NHNN”).

• Effective date: 17/05/2021.

Some contents should be noted:

• Firstly, regulating on the transaction currency and the exchange rate.

Specifically, Article 5 of Circular No. 02/2021/TT-NHNN stipulates: “Article 5. Currency of the transaction and exchange rate

1. An authorized credit institution must prescribe the types of foreign currency transacted at the credit institution.

2. The spot exchange rate between VND and USD in a spot transaction and a spot transaction in a swap transaction is determined on the basis of the central exchange rate announced by the State Bank on the date of the transaction and the amplitude range specified by the State Bank.

3. The forward exchange rate between the Viet Nam Dong and the US dollar in a forward transaction or a forward transaction in a swap transaction shall be agreed upon by the parties to the transaction but must not exceed the rate determined on the basis:a) The spot exchange rate on the transaction date;b) The difference between the two current interest rates is the refinancing rate announced by the State Bank and the US dollar target rate of the Federal Funds Target Rate. If the US dollar target interest rate is in the range, the lowest interest rate within that range will be applied.c) Term of the transaction.

4. The exchange rate between Viet Nam Dong and foreign currencies other than the US dollar and the exchange rate between those foreign currencies in foreign currency transactions shall be agreed upon by the parties.

5. Authorized credit institutions must post up spot rates between Viet Nam Dong and foreign currencies in transactions with customers at foreign currency transaction locations of the authorized credit institutions and on the official website (if applicable). Authorized credit institutions conducts transactions with customers at the listed exchange rate, unless the two parties agree otherwise on the applicable exchange rate at the time of transaction.”

• Secondly, Specifically, Article 8 of Circular No. 02/2021 / TT-NHNN stipulates: “Article 8. Transaction fees

Authorized credit institutions are not allowed to charge transaction fees for foreign currency transactions. ”

1.3. Circular No. 03/2021/TT-NHNN amending and supplementing a number of articles of the Circular No. 01/2020/TT-NHNN dated March 13, 2020 of the Governor of the State bank of Vietnam regulations debt rescheduling, exemption or reduction of interest and fees, retention of debt category to assist borrowers affected by covid-19 pandemic

• Name of legal document: Circular No. 03/2021/TT-NHNN issued on 02/04/2021 by the State Bank amending and supplementing a number of articles of the Circular No. 01/2020/TT-NHNN dated March 13, 2020 of the Governor of the State bank of Vietnam regulations debt rescheduling, exemption or reduction of interest and fees, retention of debt category to assist borrowers affected by Covid-19 pandemic (referred to as the “Circular No. 02/2021/TT-NHNN”).

• Effective date: 17/05/2021.

The content should be noted: amending and supplementing regulation on reduction and exemption of interest and/or fees.

Specifically, Clause 3 of Article 1 stipulates: “Article 1. Amending and supplementing a number of articles of Circular No. 01/2020/TT-NHNN

…

3. Amending and supplementing Article 5 as follows:

“Article 5. Reduction and exemption of interest and/or fees

1. Credit institutions and foreign bank branches shall decide on the exemption or reduction of interests and fees according to internal regulations for the outstanding balance of debts arising before June 10, 2020 from credit extension activities. (except for the purchase and investment of corporate bonds) whose obligations to repay principal and / or interest are due during the period from January 23, 2020 to December 31, 2021 and the customer has no ability to repay principal and / or interest on time according to contracts or agreements due to declining revenue and income due to the impact of Covid-19 pandemic.

2. The exemption or reduction of interests and fees for customers according to the provisions of this Circular will be implemented until December 31, 2021.””

1. LEGAL DOCUMENTS ARE EFFECTIVE FROM 01/03/2021

Circular No. 16/2020/TT-NHNN amendments to Circular No. 23/2014/TT-NHNN dated August 19, 2014 of the Governor of the State bank of Vietnam providing guidelines for opening and use of checking accounts at payment service providers

• Name of legal document: Circular No. 16/2020/TT-NHNN issued on 04/12/2020 by the State Bank amendments to Circular No. 23/2014/TT-NHNNdated August 19, 2014 of the Governor of the State bank of Vietnam providing guidelines for opening and use of checking accounts at payment service providers (referred to as the “Circular No. 16/2020TT-NHNN”).

• Effective date: 05/03/2021.

The content should be noted: Amending and supplementing regulations on the application for checking account opening for a personal checking account and a corporate checking account.

Specifically, Clause 2 Article 1 Circular No. 16/2020/TT-NHNN stipulates: “Article 1. Amendments to Circular No. 23/2014/TT-NHNN dated August 19, 2014 of the Governor of the State Bank of Vietnam providing guidelines for opening and use of checking accounts at payment service providers

…

2. Article 12 is amended as follows:

“Article 12. Application for checking account opening

1. With regard to a personal checking account, the bank or foreign bank branch is allowed to stipulate and instruct the client to prepare an application for checking account opening which must, inter alia, include the following documents:a) The application form for checking account opening which is made using the form provided by the bank or foreign bank branch where the checking account is opened and complies with Clause 1 Article 13 of this Circular;b) The applicant’s identity papers, including the citizen identity card or ID card or unexpired passport or birth certificate (if the applicant is a Vietnamese citizen aged under 14 years), or unexpired entry visa or certificate of visa exemption (if the applicant is a foreigner), except a checking account opened by a foreigner as prescribed in Clause 4 Article 14 of this Circular;

3. c) If a checking account is opened by a person’s guardian or legal representative (hereinafter referred to as the “applicant’s legal representative”), in addition to the documents specified in Point a, b Clause 1 of this Article, the application for checking account opening must also include the following documents:

– If the applicant’s legal representative is an individual: his/her identity papers and documents proving his/her capacity as a legal representative of the applicant for the checking account;

– If the applicant’s legal representative is a juridical person: its establishment decision, operation license, enterprise registration certificate or other documents as prescribed by law; documents proving its capacity as a legal representative of the applicant for the checking account; identity papers and documents proving the representative capacity of its legal representative.

2. With regard to a corporate checking account, the bank or foreign bank branch is allowed to stipulate and instruct the client to prepare an application for checking account opening which must, inter alia, include the following documents:a) The application form for checking account opening which is made using the form provided by the bank or foreign bank branch where the checking account is opened and complies with Clause 2 Article 13 of this Circular;b) Documents proving that the organization opening the checking account is duly established and legally operating, including:  establishment decision, operation license, enterprise registration certificate or other documents as prescribed by law;c) Documents proving the capacity of legal representatives of the organization and their identity papers;d) Decision on appointment of chief accountant or person in charge of accounting works or accounting service contract (if outsourced accounting is used) and identity papers of chief accountant or person in charge of accounting works.””

1. LEGAL DOCUMENTS ARE EFFECTIVE FROM 01/02/2020

1.1. Circular No. 15/2020/TT-NHNN amendment and supplement a number of articles of Circular No. 26/2013/TT-NHNN issued on December 5, 2013 of the State bank of Vietnam promulgating the tariff of charges for payment services offered via the State bank of Vietnam

• Name of legal document: Circular No. 15/2020/TT-NHNN issued on 20/11/2020 by the Governor of the State Bank amendment and supplement a number of articles of Circular No. 26/2013/TT-NHNN issued on December 5, 2013 of the State bank of Vietnam promulgating the tariff of charges for payment services offered via the State bank of Vietnam (referred to as the “Circular No. 15/2020/TT-NHNN).
• Effective date: 01/02/2021.

The content should be noted: Amending and supplementing regulations on International payment service charge.

Specifically, Clause 3 of Article 1 Circular No. 15/2020/TT-NHNN stipulates: “Article 1.

3. Part IV “International payment service charge” in the Tariff of charges for payment services offered via the State bank of Vietnam issued together with Circular No. 26/2013/TT-NHNN is amended and supplemented as follows:IV. International payment service charge:

1.2. Circular No. 17/2020/TT-NHNN amending and supplementing a number of articles of the Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the Governor of the State bank of Vietnam guiding procedures for the approval for activities of export and import of foreign currencies in cash of the authorized banks

• Name of legal document: Circular No. 17/2020/TT-NHNN issued on 14/12/2020 by the State Bank amending and supplementing a number of articles of the Circular No. 33/2013/TT-NHNN dated December 26, 2013 of the Governor of the State bank of Vietnam guiding procedures for the approval for activities of export and import of foreign currencies in cash of the authorized banks (referred to as the “Circular No. 17/2020TT-NHNN”).
• Effective date: 01/02/2021.

The content should be noted: Amending and supplementing regulations on dossiers and procedures for requesting for the approval for export and import of foreign currencies in cash of the authorized banks are specified in Article 3 of Circular No. 33/2013/TT-NHNN.

Specifically, Article 1 Circular No. 17/2020/TT-NHNN stipulates: “Article 1. Amending and supplementing a number of articles of Circular No. 33/2013/TT-NHNN

Article 3 is amended and supplemented as follows: “Article 3. Procedures for requesting for the approval for export and import of foreign currencies in cash of the authorized banks

…

2. Dossier includes:a) An application form for the approval for export and import of foreign currencies in cash of the authorized banks, made according to the form provided in Appendix 01 to this Circular;b) Contract of export and/or import of foreign currencies in cash signed between a authorized bank and a foreign bank or foreign financial institution enclosed with a Vietnamese translation certified by the authorized bank’s legal representative (only send for the first time and send additionally when there is a change);c) Internal regulations of the authorized bank on the export and import of cash foreign currencies, in which the provisions on decentralization of authorization to carry out the cash foreign currency import and export activities within the system and regulations on management, supervision and safety assurance in the delivery, preservation and transportation of cash foreign currencies must comply with the State Bank of Vietnam regulations (sending only for the first time and sending supplement when there is a change);d) Power of attorney in case the person signing the application for approval is the authorized representative of the authorized bank (only send for the first time and additionally send when there is a change).
3. Order and procedures for the approval for export and import of foreign currencies in cash:a) When wishing to export or import cash in foreign currency, authorized bank to prepare and send 01 (one) set of dossier to the State Bank branch in Hanoi city or the State Bank branch in Ho Chi Minh city as prescribed in Clauses 1 and 2 of this Article;b) Within 02 (two) working days from the date of receipt of complete and valid dossiers as prescribed in Clause 2 of this Article, the State Bank branch in Hanoi city or the State Bank branch in Ho Chi Minh city shall consider and approve the export and import of cash in foreign currencies by an authorized bank using the form provided in Appendix 02 to this Circular and send it to the authorized bank under Points a and b Clause 1 of this Article.In case the application is incomplete or invalid, the State Bank branch in Hanoi or the State Bank branch in Ho Chi Minh City shall issue a notice on the national single-window portal or a written notice to authorized bank (in the case specified in point b clause 1 of this Article) and clearly state the reason.
4. Within 03 (three) working days from the date of receipt of all documents related to the export and import of cash foreign currency (payment wire and customs declaration), the authorized bank sends The State Bank branch in Hanoi city or the State Bank branch in Ho Chi Minh City a copy of the payment wire and the customs declaration (certified by the legal representative of the authorized bank).”

1.3. Circular No. 23/2020/TT-NHNN provisions on safety ratios and limitations in the operation of non-bank credit institutions

• Name of legal document: Circular No. 23/2020/TT-NHNN issued on 31/12/2020 by the State Bank provisions on safety ratios and limitations in the operation of non-bank credit institutions (referred to as the “Circular No. 23/2020TT-NHNN”).
• Effective date: 14/02/2021.

Some contents should be noted: Providing conditions for credit extension for stock investment and trading.

Specifically, Clause 1, Article 12 of Circular No. 23/2020/TT-NHNN stipulates: “Article 12. Conditions and limits on credit extension for stock investment and trading.

1. Finance companies may only extend credit for a period of up to 01 (one) year for customers to invest in and trade in stocks and when extending credit, must satisfy the following conditions:a) The credit extension must ensure the prudential ratios and limits as prescribed by law;b) Bad debt ratio below 3%;c) Fully complying with regulations on risk management in accordance with regulations of the State Bank on internal control system of non-bank credit institutions and regulations on classification of assets, appropriation, method of setting up of risk provisions and the use of provisions to deal with risks in the operations of credit institutions, foreign bank branches.”

1.4. Circular No. 18/2020/TT-NHNN abolishing a number of legal documents promulgated by the Governor of the State Bank of Vietnam

• Name of legal document: Circular No. 18/2020/TT-NHNN issued on 30/12/2020 by the State Bank abolishing a number of legal documents promulgated by the Governor of the State Bank of Vietnam(referred to as the “Circular No. 18/2020TT-NHNN”).
• Effective date: 15/02/2021.

The content should be noted: abolishing Decision No. 1087/2003/QD-NHNN dated on 17/09/2003 of the Governor of the State Bank of Vietnam and Decision No. 45/2007/QD-NHNN dated on 17/12/2007 of the Governor of the State Bank of Vietnam.

Specifically, Clause 4 and Clause 7 Article 1 Circular No. 18/2020/TT-NHNN stipulates: “Article 1. Abolishing all legal documents

Abolishing all the following legal documents promulgated by the Governor of the State Bank:

…

4. Decision No. 1087/2003/QD-NHNN dated on 17/09/2003 of the Governor of the State Bank of Vietnam on issuance of regulations on protecting state secrets;

…

7. Decision No. 45/2007/QD-NHNN dated on 17/12/2007 of the Governor of the State Bank of Vietnam on the confidentiality of each type of document, materials containing state secret in banking area;”

1.5. Circular No. 22/2020/TT-NHNN amending and supplementing a number of articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operations

• Name of legal document: Circular No. 22/2020/TT-NHNN issued on 31/12/2020 by the State Bank amending and supplementing a number of articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operations (referred to as the “Circular No. 22/2020TT-NHNN”).
• Effective date: 16/02/2021.

Some contents should be noted: Amending and supplementing regulations on Transformation schedule designed for card acquirers.

Specifically, Article 1 of Circular No. 22/2020/TT-NHNN stipulates: “Article 1. Amending and supplementing a number of articles of Circular No. 19/2016/TT-NHNN

1. Clause 2 Article 27a (supplemented in accordance with Clause 5 Article 1 of the Circular No. 41/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 19/2016/TT-NHNN) is amended and supplemented as follows:

“2. As of December 31, 2021, 100% of ATMs and card processing devices at point of sale operating in Vietnam of card acquirers shall comply with the basic standard of domestic chip cards.”

2. To add Clause 4 to Article 27b (supplemented in accordance with Clause 5, Article 1 of the Circular No. 41/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 19/2016/TT-NHNN) as follows:“4. From March 31, 2021, card issuers that issue cards with BINs issued by the State Bank must comply with the basic standard of domestic chip cards. ”.”

2. LEGAL DOCUMENTS ARE ISSUED IN 01/2020

Directive No. 02/CT-NHNN on strengthening prevention, fighting of violations of the law in banking card operations

• Name of legal document: Directive No. 02/CT-NHNN issued on 07/01/2021 by the State Bank on strengthening prevention, fighting of violations of the law in banking card operations (referred to as the “Directive No. 02/CT-NHNN”).
• Effective date: 07/01/2021.

The content should be noted: Adding regulations on payment fees are regulated in Circular No. 26/2013/TT-NHNN.

Specifically, Item II of Directive No. 02/CT-NHNN stipulates: “… To limit risks, continue to strengthen control, prevent illegal acts in banking card operations, Governor of the Bank The State Bank of Vietnam (SBV) requires affiliates of the State Bank, card issuers, card payment organizations, providers of intermediary payment services, and Representative Offices of international card organizations take the following measures:

II. For card issuers and card payment organizations

1. Checking and reviewing the entire process, procedures and regulations on dossiers and contracts for opening and using payment accounts and bank cards, on that basis, to amend, supplement and complete the above internal regulations to ensure the safety and confidentiality of customers’ information and comply with the law; reviewing the scope of use of bank cards in card issuance and usage contracts, limit and exchange rate in card transactions to ensure compliance with law; strictly comply with the instructions and warnings of the State Bank of Vietnam1 on the supervision and control of the banking card operations, with special attention paid to the identification and verification of information of customers and merchants. Thoroughly understand all relevant officials in the whole system to strictly comply with the laws and regulations and internal guidelines issued.
2. Improve the efficiency of administration, operating and the internal inspection and control system to limit risks, prevent violations of the law on bank card operations. Organize and coordinate with the information provider to monitor, check and review card transactions arising at merchants to prevent: (i) the use of credit card limit for money transfer and credit checking account, debit card or prepaid card of a customer or a third party (not merchant); (ii) Payment transactions that do not happen actually at merchants (no purchase and sale of goods and service provision) for the purpose of cash withdrawal; (iii) card transactions not in accordance with the law (related to prize-winning games, gambling, gambling, foreign exchange, securities, virtual money, electronic money …). Review, terminate cooperation and take appropriate measures for information providers, merchants that use bank cards in contravention of law.
3. Strengthen propaganda and guidance so that customers, providers of intermediary payment services and merchants can understand and use card services safely, comply with legal regulations: actively share and exchange information between card issuers and card payment organizations to promptly detect suspicious transactions; warns customers, providers of intermediary payment services, merchants not to use or facilitate other entities to take advantage of the use of payment accounts, bank cards for illegal purposes, such as leasing, lending current accounts, buying, selling, renting, leasing cards or card information, opening card for…
4. To closely coordinate with legal protection agencies and relevant functional agencies in detecting and handling violations of the law on banking card operations in accordance with law.”