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MEKONG COUNSEL

Circular on the use of payment methods for loan capital disbursement of credit institutions, branches of foreign banks to customers

On April 10th, 2012, the State Bank of Vietnam issued Circular No. 09/2012/TT-NHNN on the use of payment methods for loan capital disbursement of credit institutions, branches of foreign banks to customers. Accordingly, credit institutions, branches of foreign banks must use non-cash payment methods for loan capital disbursement and for direct payment to the beneficiaries.

 

However, credit institutions, branches of foreign banks shall consider to use non-cash payment methods or in-cash payment or payment via payment account of the borrower for loan capital disbursement in the following cases:

 

- Paying under VND 100 million to beneficiary being an organization for each time of disimbursement;

 

- Paying under VND 100 million to beneficiary being an individual who has a payment account at a payment service providing organization for each time of disimbursement;

 

- Paying to beneficiary being an individual who does not have a payment account in a payment service providing organization;

 

- For making up owner’s equity, financial sources which the borrower has used for execution of investment project and business, production and service plan or investment project and life catering plan;

 

- For paying salaries to laborers;

 

- Transferring to payment account of the customer for other purposes as prescribed by laws must be carried out via customer’s payment account.

 

This Circular shall be effective from June 1st, 2012.