VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF ECONOMICS AND BUSINESS FACULTY OF POLITICAL ECONOMY GRADUATION THESIS CURRENT STATUS OF CRYPTOCURRENCY LEGALIZATION IN THE WORLD AND LESSONS FOR VIETNAM Instructor guides: Dr. Nguyen Thi Huong Lan Student: Lai Anh Son Class: QH2020E - Economie CLC1 Student code: 20051149 System: HQ Program VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF ECONOMICS AND BUSINESS FACULTY OF POLITICAL ECONOMY GRADUATION THESIS CURRENT STATUS OF CRYPTOCURRENCY LEGALIZATION IN THE WORLD AND LESSONS FOR VIETNAM Instructor guides: Dr. Nguyen Thi Huong Lan Lecturer reviews: Student: Lai Anh Son Class: QH2020E - Economic CLC1 Student code: 20051149 System: HQ Program Ha Noi, 2023 ACKNOWLEDGE During the journey of researching and writing this graduation thesis, I went through a long and challenging time. I would like to express my gratitude and deep thanks to Dr.
Nguyen Thi Huong Lan with her care and dedicated guidance. Not only an excellent instructor, Dr. Nguyen Thi Huong Lan is also a valuable source of encouragement and creativity for me. Your support has helped me develop my knowledge and research skills significantly.
I also want to express my gratitude to my family and friends, who have always stood by my side throughout this time. Their moral support and encouragement were a great source of encouragement during the process of researching and writing my graduation thesis. Finally, I want to thank all the teachers of the University of Economics in general and the Faculty of Political Economy in particular for sharing their knowledge, experience and suggestions over the past time. With limited personal knowledge, my graduation thesis inevitably has shortcomings.
I respectfully hope that my teachers will contribute their opinions to help me improve my writing. I would like to sincerely thank everyone who has accompanied and supported me on this journey. Ha Noi, 2023 Student Lai Anh Son DECLARATION OF INTEGRITY I am Lai Anh Son. I would like to assure you that my graduation thesis was completed completely independently under the guidance of lecturer Dr.
Nguyen Thi Huong Lan. The data and figures in the graduation thesis have clear origins and have been collected from official sources. The results and information in the graduation thesis are completely honest and reflect my own research. I take full responsibility if any problems arise related to the content ofthe thesis.
Ha Noi, 2023 Student Lai Anh Son TABLE OF CONTENTS ACKNOWLEDGE DECLARATION OF INTERI TTY.-- 5< ss<Ss<Ss<SesEseEseteesersersetsesessee 4 LIST OF ACROINY/MS.-e<e<csce++eeEtettettstteettttsrttrasrrsrrarrtsrrarasrre 9 EIST OF FIGURES wessssssossssssssossssssssosessssssosssssossossoesoasossoesossosessssssosscsssososesessosooeseess, 11 LIST OF TABLES wessesssessessessvesssesvesssssvessssssesssessessesssesnsssessesasessessnessesanessesseesseenessee 12 INTRODUCTION. The need of the Suj€CẨ.1 Research situation on the legal nature of cryptocurrency. Research status on legal vulnerabilities of cryptocurrencies. Research status on Bitcoïn.
Research situation on the current status of legal frameworks for cryptocurrencies in Vietnam.5 Research on the current status of the cryptocurrency legal framework for foreign COUNTIES. Research purposes and tasks. cà Sn nen 21 3. Research missi0ns.
Object and scope of the Stud y.2 Scope Of researrChh. Data collection methods .1 Collection of secondary data 6.2 Collection ofprimary data 6.2 Data information processing methods 6.1 Analysis and synthesis 6. Structure of the thesis. CHAPTER 1: THEORETICAL FOUNDAATIOINS.1 General concept of crypf0CUFT€ICY .1 Blockchain and CTDfOCHIF€HCV.2 Factors affecting cryptocurrency fradiHg.3 Classification of cryptOCUrrencteS.
- 5S eetees ee teeeeseeneneees 34 TET F.2 COm = TORR ssssssssvsssscsssssssssszsssessssascesesssssszsssssssszssssssssssssssssessesssssesses 34 1.4 Characteristics of GFJDÍOCHFF€HCÏES.rror! Bookmark not defined. Time of appearance and history up to now, some outstanding €CTYDOCUFT€TICV. - SĐT HH HH HH HH ngư 39 1.1 Process of formation and deVeÏODHI€HI.2 Some prominent cryptocurrencies fØJ.2 Some Vietnamese CryptOCurrenCieS. - 5S ecsecrevererrvee 44 CHAPTER 2: CURRENT STATUS OF LEGALIZATION OF CRYPTOCURRENCIES IN THE WORLD 45 2.1 Overview of legalization of crypto around the world.
Fully Legal Countries.2 Current status of Leg: 2.:55:55250555152555515)5353031135531)1342135115753413531151515912311955550151153Ef 2 CHAPTER 3: CURRENT STATUS OF CRYPTOCURRENCY REGULATION IN VIETNAM. Market situation and legalization of crypto in Vietnam 3.1 Overview of the cryptocurrency market in Vietnam .2 Current status of cryptocurrency regulation in Vietnam. The urgency for creating a legal and management framework for CH Yt Hah ViệtfiAHH.262660662 06600096 CHAPTER 4: LESSONS FOR VIETNAM .----©es©ce<ceecesseeeeeesrs 100 4.1 Current socio-economic context in Vietnam.1 International economic iHf€gFdfÌ0H.2 The period after joining the WTO to the pr€S€HI.2 Infrastructure and ƒäcilifies.1 Electronic payment infrastructure .2 Lessons on legalization for crypto in Vietnam.1 For the State. cọ cằcSằ sec.2 For crypto-related companies 114 4.3 For those participating in transactions and investmen 115 CONCLUSION.
117 REFERENCES 119 LIST OF ACRONYMS Acronyms Meanings AFTA ASEAN Free Trade Agreement AKFTA ASEAN-Korea Free Trade Agreement AML Anti-Money Laundering ASEAN Association of Southeast Asian Nations BSA Bank Secrecy Act BTA Bilateral Trade Agreement CPSS Committee on Payment and Settlement Systems CPTPP Comprehensive and Progressive Agreement for Trans-Pacific Partnership CTFC Commodity Futures Trading Commission DAO Decentralized Autonomous Organization DLT Digital Ledger Technology EEA European Economic Area EU European Union FDI Foreign Direct Investment 10 FinCEN Financial Crimes Enforcement Network FSA Financial Services Agency GFSC Gibraltar Financial Services Commission ICO Initial Coin Offering IMF International Monetary Fund IMO Initial Miner Offerings KYC Know Your Customer MiFID Markets in Financial Instruments Directive NIFA National Internet Finance Association of China PBOC People’s Bank of China PSA Payment Services Act QR Quick Response SAFT Simple Agreement for Future Tokens SEC Securities and Exchange Commission UNODC United Nations Office on Drugs and Crime VFA Virtual Financials Assets Act WTO World Trade Organization 11 LIST OF FIGURES Figure 1.1: The history of formation and operation of BitcOin .2: Chart showing Bitcoin's dominance in total cryptocurrency market capital over the period from 2014 to 2023.3: Price chart of SHIB through the years from 2021 to present.1: Map showing cryptocurrency regulations in countries around the world including financial LAWS .1: Price of Bitcoin skyrocket in the period of March 2020 to April 2021 86 Figure 3.2: Major events affecting the world Crypto industry in 2022 .1: Number of mobile phone users with Internet connection in Vietnam (MAILIONS) oes .2: Chart showing the number of Internet users in Vietnam in the period ftom 2013 - 2023 .scsscssssssossesssssscsssesseassssssessssscsssessoassesssessesezsseassesssasnsssssssesssassestsese LOD 12 LIST OF TABLES Table 1: Opion of EXpTS€. The need of the subject The explosion of the 4.0 Scientific and Technological Revolution taking place globally has created many outstanding achievements for all humanity. One of the most groundbreaking inventions in the field of technology combined with finance is cryptocurrency, also known as Crypto Currency. Crypto is a type of digital asset on the Blockchain platform that acts as a currency for online payments or storage and investment.
The most popular currency in the world today is Bitcoin, which is the currency with the largest market capitalization. As of September 20, 2023, the price of 1 Bitcoin is equivalent to 27,000 USD (about 658 million VND) with the highest price ever reaching 69,000 USD at the end of 2021. Cryptocurrency is considered superior in reducing inflation. developed during the economic crisis, convenient and fast transaction methods, technology trading platforms that can connect everywhere.
Therefore, cryptocurrencies are increasingly accepted by many countries as a type of currency. Currency may be allowed to circulate and be used in payments and exchanges. However, along with that strength, cryptocurrencies still have many shortcomings, especially in management and legalization. Countries need to have new sanctions and policies to manage cryptocurrencies because of their characteristics.
Therefore, not all countries in the world accept and legalize the use ofcryptocurrency. Some countries around the world such as the US, Japan, EU. have policies and sanctions to legalize Crypto and vice versa, there are countries that have completely banned these market activities, typically China 14 Based on the practice and legal risks of Crypto, Crypto is the currency of the future, an inevitable trend in the process of change and development of money through many studies and comments of experts. Therefore, building a legal framework to legalize and manage the potential market is extremely necessary for countries around the world in general and Vietnam in particular.
In Vietnam, up to now it can be said that cryptocurrency is currently a new trend of the economy. The rate of cryptocurrency adoption and transaction capitalization in Vietnam is increasing, combined with the country's digital economy orientation, cryptocurrencies have become more popular than ever. However, participating in cryptocurrency transactions in Vietnam still has many shortcomings in terms of law as well as the legal framework in general. For the above reasons, the topic "Current status of Cryptocurrency legalization in the world and lessons for Vietnam" is necessary to research the situation of legalization of the Cryptocurrency market in the world to draw lessons and apply them.
applied to the Vietnamese legal framework in legalization. Study overview In the current context of international economic integration, accompanied by the emergence of cryptocurrencies and their impact on daily life, there have been many research projects both in Vietnam and Vietnam. and internationally are carried out to clarify the characteristics, uses and harms that this type of money can cause. In addition, the legal issue of cryptocurrency has also been researched by many people to better understand the risks and create experience for countries in legalizing it.1 Research situation on the legal nature of cryptocurrency Cryptocurrency in the world today has only appeared and existed for 15 years, it can be said that this type of money is still too new compared to other forms of money that have existed for thousands of years.
Therefore, this is one of the issues that need to be researched. An article by Do Giang Nam and Dao Trong Khoi in 2021 called: “Further Discourses on the Legal Nature of “Cryptocurrency” Under Comparative Property Law” gave us an overview of the legal nature of cryptocurrency under Comparative Property Law. Author proposed that "cryptocurrency" should be considered a "non-traditional" asset - a crypto-asset created using a combination of blockchain technology and cryptographic techniques to ensure authenticity in asserting the rights and interests of a legal entity. Cryptocurrencies cannot be considered money, commodities or securities but must be included in a separate asset category.
The legal nature of cryptocurrencies for the United States was clarified by Jin Enyi and Ngoc Le in their study in 2017. The authors concluded that regulation of licensing for cryptocurrency mining and trading activities at an international level is necessary. Customers need to be identified when buying and selling cryptocurrencies, and introducing a special verification procedure for Bitcoin users will prevent the misuse of cryptocurrencies for money laundering and financing of terrorism. The results ofthe analysis led to the introduction of a definition and highlighting the main characteristics and functions of cryptocurrencies.
It has been proven that cryptocurrency is a new type of electronic currency stored in computer memory, the cryptocurrency value is managed through a technical device. Cryptocurrency is a new means of payment and does not require access to a deposit account. It can be seen that research articles all believe that cryptocurrency is not considered a type of money or commodity but must be considered a special type of 16 asset and countries around the world need to build and update legal frameworks. your reason to be able to absorb this type of "money".
Research status on legal vulnerabilities of cryptocurrencies A major problem currently causing many people to lose faith in cryptocurrencies is the problem of related crimes. Activities such as money laundering and fraud have been and are quite obvious problems. Research by Trozze, A., Akartuna in January 2022 has given us a better understanding of these crimes. The authors tell us that the majority of scams can be considered cyber - enabled (instead of cyber - dependent).
Another finding is that there is still a lack of consistency (or lack of existence) of definitions of the different types of fraud identified in the literature. Research: “IS BITCOIN THAT POISON? CRYPTOCURRENCY, CRIME, AND COUNTERFEITING (CCC)” by Eric Engle, 2016 researched the dangers of cryptocurrencies in general and Bitcoin in particular. The author concluded that cryptocurrency is a threat to U.