On March 13, 2020, the State Bank issued Circular No. 01/2020/TT-NHNN providing guidance for the credit institutions, foreign bank branches to restructure the debt payment, exemption and reduction periods, charge, keep the debt group in support of customers affected by Covid-19 epidemic, which is an important legal grounds to support the economy.
Restructure the Debt Payment due to Covid-19
Accordingly, the debt
group restructuring is carried out as follows:
Debts which are
restructured repayment term are the principal amount and/or interest (including
the debt balance of debts within the scope of regulation of Decree No. 55/2015/
ND-CP of June 9, 2015 of the Government on the credit policy for agricultural and
rural development (amended and supplemented)), which fully meets the following
conditions: arising from lending activities, financial leasing; Arising the
obligation to repay the principal and/or interest within the period from
January 23, 2020 to the next day after 03 months from the date the Prime
Minister announces the end of the Covid -19 epidemic; Customers are unable to
pay the debt principals and/or interests on time according to the signed
contracts, loan agreements, financial leases due to the decrease in revenue and
income due to Covid -19 epidemic.
The debt repayment
restructuring shall be carried out in cases where the outstanding debt is still
due or overdue for up to 10 days from the due date of payment or due under the
contract, financial leasing agreements; or The overdue debt balance in the
period from January 23, 2020 to the next day after 15 days from the effective
date of this Circular.
Credit institutions,
foreign bank branches may decide on rescheduling of repayment of outstanding
debts in the above-mentioned cases, based on customers’ requests and
assessments of credit institutions, foreign bank branch on the ability to repay
the principal and/or interest of the customer in full after rescheduling, in
accordance with the influence of Covid -19 service and ensuring the credit
institution, the foreign bank branch fails to restructure the debt repayment
term for debts in violation of legal regulations and the restructuring time in
case of extending an extended repayment period shall not exceed 12 months from
the last day of the debt term, finance lease (the time the customer must pay
all principal and interest under the signed contract, loan agreement, financial
lease).
In addition, credit
institutions and foreign bank branches shall decide on the exemption and
reduction of interests and fees according to internal regulations for the
outstanding debts arising from credit extension activities, except for bond
purchase and investment activities for which the principal and/or interest
payment is due within the period from January 23, 2020 to the next day after 03
months from the date of Prime Minister announced the end of the Covid -19
epidemic and the customer was unable to pay the debt on time, both principal
and/or interest, according to the signed contract or agreement due to the
decrease in revenue and income due to the impact of the Covid-19 epidemic.
This Circular takes
effect from the date of signing. From the effective date of this Circular,
customers of credit institutions, foreign bank branches, other relevant
organizations and individuals will have their debt repayment restructured,
exemption and reduction periods, charge, keep the debt group unchanged. The
Government has always issued policies, legal documents to support businesses,
organizations and individuals to borrow credit during the period of the Covid
-19 epidemic, so that they can help businesses as well as the country’s economy
to maintain and develop in the future.
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Source ANTLawyers: https://antlawyers.vn/law-firm-in-vietnam/restructure-the-debt-payment-due-to-covid-19.html
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