Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC answers:
Point b, Clause 1 and Clause 2, Article 9 of Circular No. 39/2016/TT-NHNN regulating lending activities of credit institutions and foreign bank branches to customers, amended and supplemented by Clause 4, Article 1 of Circular 12/2024/TT-NHNN (effective from July 1, 2024), regulating the application dossier loan rong as follows:
1. When in need of a loan, customers must provide the credit institution with:
b) Information about related persons of the customer in the case specified in Clause 2 of this Article.
Information about the related person is an individual, including: full name; personal identification number; nationality, passport number, date of issue, place of issue for foreigners; relationship with the customer.
Information about the related person is an organization, including: name, business registration number, head office address of the enterprise, business registration certificate number or equivalent legal documents, legal representative, relationship with the customer.
2. The provisions at Point b, Clause 1 of this Article apply in the following cases:
a) At the time of requesting a loan at a commercial bank, cooperative bank, or foreign bank branch, the customer's total outstanding credit balance (including the outstanding loan balance that the customer is requesting a loan for) is greater than or equal to 0.1% of the equity capital of that commercial bank, cooperative bank, or foreign bank branch at the end of the most recent working day;
b) At the time of requesting a loan from a non-bank credit institution or microfinance institution, the customer's total outstanding credit balance (including the outstanding loan balance for which the customer is requesting a loan) is greater than or equal to 0.5% of the equity capital of that non-bank credit institution or microfinance institution at the end of the most recent working day;
c) At the time of requesting a loan at the people's credit fund, the customer's total outstanding credit balance (including the outstanding loan balance that the customer is requesting a loan for) is greater than or equal to 1% of the equity capital of that people's credit fund at the end of the most recent working day;
d) In case a credit institution has negative equity capital, the above ratios are applied on charter capital or capital allocated to foreign bank branches
Thus, information about the relevant person in the application file vay thuong from July 1, 2024 includes the documents as prescribed above.
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