LEGAL UPDATE RELATING TO FINANCE AND CREDIT (MONTHLY LEGAL UPDATE – 08&09/2022)
1. LEGAL DOCUMENTS ARE EFFECTIVE FROM 01/08/2022
1.1. Circular No. 04/2022/TT-NHNN regulations on application of interest rates on premature withdrawal of deposits from credit institutions and foreign bank branches
v Name of legal document: Circular No. 04/2022/TT-NHNN issued on 16/06/2022 by the State Bank of Vietnam regulations on application of interest rates on premature withdrawal of deposits from credit institutions and foreign bank branches (referred to as the “Circular No. 04/2022/TT-NHNN”).
v Effective date: 01/08/2022.
Some contents should be noted: Stipulating on interest rates on premature withdrawal of deposits.
Specifically, Article 5 of Circular No. 04/2022/TT-NHNN stipulates: “Article 5. Interest rates on premature withdrawal of deposits
1. When a client withdraws all of the deposit: credit institutions shall apply a maximum interest rate equal to its lowest interest rate of demand deposits based on the type of client and/or the currency of the deposit when such client withdraws it.
2. When a client withdraws a part of the deposit:
a) Regarding the part of withdrawn deposit before maturity, credit institutions shall apply a maximum interest rate equal to its lowest interest rate of demand deposits based on the type of client and/or currency of the deposit when such client withdraws it;
b) Regarding the remaining deposit, credit institutions shall apply the interest rate equal to the interest rate applied to the deposit that the client has withdrawn a part.”
·
Firstly, amending and
supplementing regulations on rules for preparing and submitting applications
for approval for changes specified in Clause 4, Article 3 of Circular No.
50/2018/TT-NHNN.
Specifically, Clause 1 Article 1
of Circular No. 06/2022/TT-NHNN
stipulates: “Article 1. Amending and
supplementing a number of articles of Circular No. 50/2018/TT-NHNN
1. Amending and supplementing Clause 4, Article 3[1]
as follows:
“4. Dossiers shall be submitted directly at the One Door Department or
via postal service to the State Bank of Vietnam or the State Bank's branches in
provinces and cities (hereinafter collectively referred to as the State Bank).””
Secondly, amending and supplementing regulations on
the power to grant approval for changes are specified in Clause 1, Article 4 of
Circular No. 50/2018/TT-NHNN.
Specifically, Clause 1 Article 1
of Circular No. 06/2022/TT-NHNN
stipulates: “Article 1. Amending and
supplementing a number of articles of Circular No. 50/2018/TT-NHNN
…
2. Amending and supplementing Clause 1, Article 4[2]
as follows:
“1. The Governor of the State Bank shall approve the changes specified
in Clause 1, Article 1 of this Circular for commercial banks and large-scale
foreign bank branches under the decision of the Governor of the State Bank;
content of changing the location of the head office of the foreign bank branch
other than the province or city where the foreign bank branch is located.””
2. LEGAL DOCUMENTS ARE ISSUED IN 07/2022
2.1. Consolidated document No. 11/VBHN-NHNN stipulating applications and procedures for granting approval for changes of commercial banks and foreign branch banks
[1] Article 3.
Rules for preparing and submitting applications for approval for changes
…
4. The
application shall be submitted, directly or by post, to the State Bank of
Vietnam (through the Banking Supervision Agency) or the authorized State Bank
branch of a province or city (hereinafter referred to as “the State Bank”).
[2] Article 4.
The power to grant approval for changes
1. The
Governor of the State Bank shall grant approval for changes specified in Clause
1 Article 1 of this Circular, of large-scale commercial banks and FBBs under
the decision of the Governor of the State Bank of Vietnam.