MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS LAW ON DIGITAL BANKING IN SOME COUNTRIES AND EXPERIENCES FOR VIETNAM Specialization: International Trade Policy and Law PHAM THI QUYNH MAI Hanoi – 2019 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY ACKNOWLEDGEMENTS MASTER THESIS Firstly, I would like to express my deepest appreciation and thanks to my mentor, Dr. Ha Cong Anh Bao for precious guidance, comments and suggestions. This paper is one of the last compulsory elements of Master of International Trade Policy and Law program at the Foreign Trade University. The objective of LAW this study ON is to DIGITAL find BANKINGfor out recommendations IN Vietnam SOME COUNTRIES AND the Government to enhance EXPERIENCES FOR VIETNAM development of digital banking.
I hope that the recommendations of this study will be useful for the legislature in developing of policies and laws on digital banking in the foreseeable future. COMMITMENT Major: International Trade Policy and Law I would like to assure that the research of “Law on digital banking in some countries and experiences for Vietnam” was carried out by me. All contents, tables, figures, chart illustrated in this study are honest, accurate and quoted from a reliable source. Full name: Pham Thi Quynh Mai Hanoi, Supervisor: Dr.
Ha Cong Anh Bao January, 2019 Pham Thi Quynh Mai Hanoi – 2019 TABLE OF CONTENTS LIST OF ABBREVIATIONS. i LIST OF TABLES AND CHARTS. iv CHAPTER I: INTRODUCTION .4 Scope of the research .6 Structure of thesis. 4 CHAPTER II: OVERVIEW OF DIGITAL BANKING.
Origin and development of digital banking. History of Digital Banking. Electronic banking and digital banking. Fintech and threats to bank.
Definition of law on digital banking. Main types of digital banking. Digital is a brand. Digital banking is distribution channel.
Digital bank is a subsidiary of traditional bank. Full-scale Digital bank. Main characteristics of digital banking. Decision making support.
Advantages and disadvantages of digital banking. The factors affect to digital banking. Client centricity approach. Get creative with marketing.
17 CHAPTER III: POLICY AND LAW ON DIGITAL BANKING. 18 IN SOME COUNTRIES. Policy and Law on digital banking in some countries. Experiences for Vietnam.
Lessons learned from selected countries. Risk Identification and Mitigation Mechanism. 48 CHAPTER IV: POLICY AND LAW ON DIGITAL BANKING IN VIETNAM 54 4. Digital banking development in Vietnam.
Opportunities and challenges. Policy and Legal framework on digital banking in Vietnam. Policies of the Government of Vietnam on digital banking. Vietnam Laws on digital banking.
75 CHAPTER V: RECOMMENDATIONS FOR VIETNAM ON AMENDMENT OF LAW ON DIGITAL BANKING. Non-cash Payment. Authorized agents of banks. Electronic banking accounting vouchers.
Regulation on loans. Protection of Customers’ information and Data Security. Adoption and Application of new technology. 92 CHAPTER VI: CONCLUSION.
94 LIST OF REFERENCES. 96 i LIST OF ABBREVIATIONS AI Artificial Intelligence API Application Programming Interface ATM Automated Teller Machine BOK Bank of Korea BOT Bank of Thailand CEO Chief Executive Officer CRM Customer Relationship Management E-banking Electronic banking eIDAS Electronic Identity and Electronic Services Directive 2014 eKYC Electronic Know Your Customer process EU European Union FinTech Financial Technology GDPR EU General Data Protection Regulation GovTech Government Technology Agency in Singapore ID Identity Card Korea Financial Telecommunications & Clearings KFTC Institute KPMG is a global network of professional firms providing KPMG Audit, Tax and Advisory services LOS Loan Origination System LVPS Large-Value Payment System MAS Monetary Authority of Singapore NIS Network and Information Security Directive 2016 The OCBC Bank group comprises a family of companies OCBC Bank owned by Singapore's longest established local bank. P2P Peer-to-Peer PDPA Personal Data Protection Act 2012 of Singapore ii LIST OF ABBREVIATIONS PIPA Personal Information Protection Act of Korea POS Point of Sale PSD1 The Payment Services Directive 2007 PSD2 Payment Services Directive 2015 PricewaterhouseCoopers is a global network of professional firms providing Audit, Tax and Advisory PwC services RPS Retail Payment Systems SBV State Bank of Vietnam SEPA Single Euro Payment Area luan.vietnam iii LIST OF TABLES AND CHARTS TABLES Table 1: Top 5 Centers in GFCI 24. 28 Table 2: Number of ATMs per 100,000 adult population and over 1000 km2 of some countries in 2016.
55 CHARTS Chart 1: Thailand’s internet and mobile banking transaction volume. 22 Chart 2: South Korean Internet-only banks take off. 33 Chart 3: Adoption of internet banking and mobile banking in China. 39 Chart 4: Executive Responeses on Digital Security Vulnerabilities Faced by Stakeholders (%), Q2 2017.
50 Chart 5: Growth rate of ATM transaction and value. 56 Chart 6: The groth rate of POS, quantity transactions. 57 Chart 7: The number and value of transactions via Internet banking and mobile banking in the period 2015 - 2016. 58 Chart 8: The number and value of electronic wallet transactions during the year of 2012 to 2016.vietnam iv ABSTRACT In Vietnam, the Prime Minister has approved Decision No.986/QD-TTg on the Development Strategy of the Vietnam Banking Sector to 2025, with orientations to 2030 which also aims to develop digital banking in order to create a basis for improving access to banking services, in particular, broadening the network of traditional channels in combination with enhancing the development of modern banking channels (electronic banking, mobile banking, internet banking, etc.,) through the application of technical advances.
Policies on digital banking are made up of two components, namely the digital banking policy and law; and the application of technical advances. Researching policy and law governing the digital banking is meant to be the fundamental and priority condition to facilitate both components. This research selected policy and law in EU, Singapore, Thailand, South Korea and China as the mirror for Vietnam thereby giving some recommendations for Vietnam Government to amend and supplement policy and law on digital banking.vietnam 1 CHAPTER I: INTRODUCTION 1.1 Research rationale The world is coming to a new era of innovation that will change the relationships between banks and their customers. Old-fashioned banks suffer from numerous drawbacks, because they are far behind the latest technological breakthroughs in the 21 century’s the digital economy.
Thanks to innovations in information technology and mobile telecommunications adoption, there is an increasing trend in digital banking solutions. Digital banking is a valuable investment opportunity because traditional banks or even online banking are no longer able to adequately service their customers' requirements in the digital revolution. Customer needs cannot be satisfied by traditional banks which is unable to catch up with the digital ages. The customers prefer digital banking to traditional banks due to its convenience and time savings.
In Vietnam, according to a survey conducted by IDG Vietnam, 81% of surveyees responded that they used digital banking solutions in 2017 compared to 21% in 2015 (Fintechnews Vietnam, 2018). Digital banking not only offers great opportunities for banks, but also brings many challenges for both banks and state agencies. Banks shall have to clarify how to meet the high expectations of customers; utilize new technologies, prevent network security threats and protect customers’ information while the state agencies are being challenged by the protection of consumer interests, dealing with the risk of network security/data privacy and balancing management with innovation and competition. In order to meet market demand and international integration timely, many domestic banks have actively applied new technological solutions to simplify the process and increase the coverage of products and services efficiently.
However, implementation of these solutions faces many challenges due to incomplete legal corridors. Therefore, the adjustment and updating of policy and laws in line with the inevitable reform of banking technology is really necessary and decisive for the long-term development of digital banking in Viet Nam.vietnam 2 In such circumstance, it is necessary to have a full scaled research about digital banking which is very important and needful for Vietnam.2 Literature review There are a lot of domestic and foreign studies on digital banking. From the foreign writers’ point of view, this topic has been addressed in several researches. The introduction of a third wave of innovation in banking implies that traditional banks are far behind the latest technological innovations and how banking will evolve in the digital age (Alex Lipton, David Shrier, Alex Pentland - Massachusetts Institute of Technology, Digital banking manifesto: the end of banks? in 2016).
Due to the fact that banks need digitize their existing businesses, creating a new digital-only banking business can meet an evolving set of customer expectations quickly and effectively (Sonia Barquin and Vinayak HV, Buiding a Digital Banking Business in 2018). Report of the Working Group on FinTech and Digital Banking in 2017 by Reserve Bank of India explained why FinTech or digital innovations have emerged as a potentially transformative force in the financial markets. Capagemini’s report (2017) concluded that banks are considering fintech firms as partners and banks are increasing adapting public cloud services. Takeshi Jingu studied financial risk prevention as well as protection of personal information as a new regulatory priority in his research namely China’s risk prevention initiatives in Internet finance and Fintech sectors in 2018.
From the local writers’ point of view, there has been more newspaper, conference, discussion papers, research published related to the topic of digital banking. Some researchers had quite valuable analysis of this topic. Nguyen Thuy Duong - Deputy General Director of Ernst & Young Viet Nam highlighted practice and legal framework and management and development on digital banking in several countries, including: India, Singapore, China in her study namely “Kinh nghiệm quốc tế trong việc quản lý và phát triển ngân hàng số tại một số nước trong khu vực và thế giới” in 2017. A number of digital solution in digital banking such as eKYC, electronic saving deposits has been addressed in Nguyen Hung – General Director of TPBank, Những thách thức trong áp dụng phương pháp định danh luan.vietnam 3 khách hàng trên nền tảng kỹ thuật số, triển khai sản phẩm tiết kiệm điện tử và phát triển dịch vụ ngân hàng thông qua đại lý ủy quyền” in 2017.
Several of legal workshops related to digital banking were held by SBV, including: “Hành lang pháp lý cho ngân hàng số tại Việt Nam December 2017”, “Số hóa ngân hàng, cơ hội đột phá October 2018”. The above mentioned workshops had the participation of Deputy Governor of the central bank Nguyễn Kim Anh; representative from the Ministry of Public Security, Ministry of Justice, State and local banks, E&Y Company Limited, fintech companies, research institutes, universities, contributing their discussion to the workshop on the digital banking development and the need adjustment and updating of policy and laws to govern and facilitate the digital banking services in Vietnam. Thus, all of the researches mentioned above are tended to focus on an specific aspect of the law on digital banking such as: the appearance of digital banking, competitiveness between fintech and banks, financial risk and data protection, experiences on management and development of digital banking, eKYC, etc., Up till now, however, there has not been a comprehensive, large-scale study in terms of laws on digital banking of several countries (including EU, Singapore, Thailand, South Korea and China) in order to evaluate (i) experiences for Vietnam; (ii) ability of Vietnam to learn from experiences from such countries; (iii) opportunities and challenges when application of such countries’ experiences on digital banking law as well as recommendations for Vietnam government to amend and/or supplement laws on digital banking.3 Research questions Question 1: What is law on digital banking? Question 2: What are differences between electronic banking and digital banking? Question 3: How do some countries in the world promulgate/ revise their policies and laws to govern digital banking? Question 4: Which law on digital banking of Vietnam need amending? 1.4 Scope of the research luan.