Proposal to remove many regulations in Circular 06 of the State Bank

Accordingly, HoREA proposed to remove the regulation that credit institutions must specify the "control of the use of loan capital for the right purpose" at Point c, Clause 6 and Point b, Clause 9, Article 1 of Circular 06.

Because credit institutions are almost unable to implement this regulation in the case of lending to pay for capital contributions under capital contribution contracts, investment cooperation contracts or business cooperation contracts to implement projects.

Because the final user of the loan is the project investor, not the direct customer borrowing this credit.

At the same time, point c, clause 6 and point b, clause 9, article 1 of Circular 06 are abolished, and the regulation that credit institutions "must have measures to block the amount of loan disbursement at the lending credit institution" for "the case of lending to pay money to ensure the performance of obligations" is not stipulated to ensure consistency and consistency with other regulations.

HoREA proposes to remove some regulations of Circular 06. (Illustration photo)

At the same time, HoREA requested the State Bank to consider abolishing Clauses 8, 9 and 10, Article 8 of Circular No. 39/201 (supplemented under Clause 2, Article 1 of Circular 06) because these regulations have only ceased to be effective since September 1 according to Circular 10/2023.

Recently, commenting on some regulations of the Draft Law on Credit Institutions, HoREA frankly stated that almost all credit institutions have real estate business activities because they are "green-lighted" by regulations.

Specifically, according to Mr. Le Hoang Chau, Chairman of HoREA, Clause 2, Article 90 of the Law on Credit Institutions 2010 and Clause 2, Article 98 of the Draft Law on Credit Institutions both stipulate that "credit institutions are not allowed to conduct any business activities other than banking activities".

In addition, Article 132 of the 2010 Law on Credit Institutions and Article 138 of the Draft Law on Credit Institutions both stipulate that "credit institutions are not allowed to do real estate business".

However, the following provisions in Clause 2, Article 90 of the Law on Credit Institutions 2010 and Clause 2, Article 98 of the Draft Law on Credit Institutions allow credit institutions to conduct "other business activities stated in the License granted to the credit institution by the State Bank" and the following provisions on "exceptional" cases permitted to "conduct real estate business activities" in Article 132 of the Law on Credit Institutions 2010 and Article 138 of the Draft Law on Credit Institutions.

" These regulations have led to the fact that almost all credit institutions have "other business activities", mainly "real estate business activities" because they have been "given the green light" for permission ," said Mr. Le Hoang Chau.

Ngoc Vy

Source: https://vtc.vn/de-nghi-bo-nhieu-quy-dinh-trong-thong-tu-06-cua-ngan-hang-nha-nuoc-ar835740.html