What are regulations on restructuring of debt repayment deadlines from June 18, 2024 in Vietnam? Who is eligible for debt restructuring in Vietnam?

What are regulations on restructuring of debt repayment deadlines from June 18, 2024 in Vietnam?

Article 4 of Circular 02/2023/TT-NHNN (amended by Article 1 of Circular 06/2024/TT-NHNN) stipulates the following provisions on debt restructuring:

Restructuring of debt repayment deadlines

Credit institutions and foreign bank branches shall consider and decide on debt restructuring for the principal and/or interest balance of a loan (including loans falling under the scope of adjustment of Decree No. 55/2015/ND-CP dated June 9, 2015, of the Government on credit policy for agricultural and rural development (as amended and supplemented)) based on the customer's request, the financial capacity of the credit institution, foreign bank branch, and meet the following conditions:

1. The principal balance arising before the effective date of this Circular and from lending and financial leasing activities.

2. The obligation to repay principal and/or interest arises from the effective date of this Circular to the end of December 31, 2024.

3. The balance of the debt for which the debt repayment term is restructured is still within the due date or overdue for up to 10 (ten) days from the due date of payment, the debt repayment term according to the contract, agreement.

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8. Debt restructuring for customers in accordance with the provisions of this Circular shall be carried out from the effective date of this Circular to the end of December 31, 2024.

Therefore, from June 18, 2024, the debt restructuring deadline will be officially extended to the end of 2024.

What are regulations on restructuring of debt repayment deadlines from June 18, 2024 in Vietnam? Who is eligible for debt restructuring in Vietnam? - image from internet

What is the maximum debt restructuring period in Vietnam?

Debt restructuring period is stipulated under Clause 7 Article 4 of Circular 02/2023/TT-NHNN:

Debt restructuring

Credit institutions and foreign bank branches shall consider and decide on debt restructuring for the principal and/or interest balance of a loan (including loans falling under the scope of adjustment of Decree No. 55/2015/NĐ-CP dated June 9, 2015, of the Government on credit policy for agricultural and rural development (as amended and supplemented)) based on the customer's request, the financial capacity of the credit institution, foreign bank branch, and meet the following conditions:

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4. The borrower is assessed by the credit institution or foreign bank branch to be unable to repay the principal and/or interest on time according to the contract or agreement due to a decrease in revenue and income compared to the revenue and income under the plan to repay the principal and/or interest according to the contract or agreement.

5. The borrower is assessed by the credit institution or foreign bank branch to be able to fully repay the principal and/or interest within the restructured debt repayment term.

6. The credit institution or foreign bank branch shall not restructure the debt repayment term for loans in violation of legal regulations.

7. The debt restructuring period (including debt extension) shall be determined in accordance with the borrower's level of difficulty and shall not exceed 12 months from the due date of the principal balance of the debt for which the debt repayment term is restructured.

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As regulated above, the maximum debt restructuring period must be commensurate with the customer's difficulty. However, it must be ensured that the maximum debt restructuring period does not exceed 12 months from the due date of the debt balance being restructured.

Who is eligible for debt restructuring in Vietnam?

Article 2 of Circular 02/2023/TT-NHNN stipulates the subjects eligible for debt restructuring as follows:

- Credit institutions (excluding policy banks) and foreign bank branches.

- Customers of credit institutions and foreign bank branches (excluding customers who are credit institutions or foreign bank branches).

- Other organizations and individuals involved in debt restructuring and maintaining the debt group to support customers facing difficulties.