Nie’ ° ® = VIETNAM NATIONAL UNIVERSITY HO CHI MINH CITY `) a ° UNIVERSITY OF ECONOMICS AND LAW Topic: LAW ON DEPOSIT INSURANCE ACTIVITIES _ IN VIETNAM Lecturer: Dr. Le Nguyen Gia Thien Group 9: MAY Bui Hoang Ngoc Han — K205040839 Le Nguyen Hai My -—K205040841 Cao Thi Nguyet Anh — K20504 Do Le Khai Minh — K205040840 Ho Chi Minh City, 2023 C AS WORKING ASSESSMENT Ordinal number Full name ID Student Completion level 1 Bui Hoang Ngoc Han K205040839 10/10 2 Le Nguyen Hai My K205040841 10/10 3 Cao Thi Nguyet Anh K205042259 10/10 4 Do Le Khai Minh K205040840 10/10 DECLARATION We hereby declare that the topic “Law on deposit insurance activities in Viet Nam” is an independent study work of my group under the guidance of Dr. Le Nguyen Gia Thien. The parts using references in the thesis have been clearly stated in the references section.
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Current status of implementation of the law on deposit insurance premiums and management and use of deposit insurance premiums. Current status of implementation of the law on deposit insurance on protection limit Insurance and procedure for payment of deposit insurance 29 2. Current status of implementation of the deposit insurance law on supervision, examination, financial support, liquidation and recovery of assets of organizations participating in deposIf insurance. Results achieved in the implementation of the law on deposit insurance in VECINAN eee ee cece ecee cess cece ceeeeeceseesceaseeseeeseeeseeeceeesecesesseeessuesseeseesseesseeseeesessneaeeeeas 34 2.
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43 LON THONG NGU HOC INTRODUCTION Currency trading activities in the market economy are always associated with and contain potential risk factors such as interest rate risk, exchange rate risk, credit risk, liquidity risk, and moral hazard. In recent years, the world economy has many adverse fluctuations, so the achievements of Vietnam’s economy in recent years are remarkable. The Party, National Assembly and Government have made timely decisions, proactive and flexible monetary policy management and better coordination between fiscal and monetary policies. Contributing to that result is the role of deposit insurance, a financial institution used in many countries around the world to protect the interests of depositors.
In Vietnam, deposit insurance is the public commitment of the deposit insurer to the participating institution and depositors on the fact that the deposit insurer will pay insured deposits to depositors when the deposit insurance participating institution is terminated and becomes insolvent. The operation of Vietnam Deposit Insurance has a solid legal foundation which is the Law on Deposit Insurance and a system of guiding documents. However, the practice of implementing the provisions of the law on deposit insurance shows that the provisions of the current law on deposit insurance have revealed limitations, inadequacies and overlaps, leading to ineffective implementation of the required results, many current provisions of Vietnam’s law on deposit insurance are no longer relevant and need to be amended and supplemented. In order for Vietnam Deposit Insurance to meet the requirements set out in this situation, it is necessary to review, supplement and perfect the law on deposit insurance, first of all, to summarize and evaluate the results of the implementation of the Law on Deposit Insurance.
Since then, it has been suggested to amend the Law on Deposit Insurance and relevant provisions of the law so that deposit insurance is really an effective tool to help the Government restructure weak credit institutions associated with bad debt settlement, settlement of bad debts break up credit institutions, thereby best protecting the legitimate rights and interests of depositors, contributing to ensuring the safe and healthy development of the financial - banking system. Because of the above reasons, the authors have chosen the topic “Law on deposit insurance activities in Viet Nam” as the research topic for the essay. Limitation of the topic Regarding space, the topic focuses on studying the legal status of deposit insurance activities of the Deposit Insurance Corporation in Vietnam. Regarding time, all regulations on deposit insurance activities of the current law and related documents, from which to study the implementation of such regulations in practice.
Legal method The study used a combination of the following research methods: - Analytical and synthesis method: used to analyze theoretical issues as well as legal regulations related to deposit insurance activities in Vietnam. - Method of analyzing written law: used to analyze inadequacies and problems of legal regulations related to deposit insurance activities. - Statistical method: used to gather relevant legal provisions as well as data and reports from the practice of deposit insurance activities as a database to analyze and evaluate a comprehensive approach to the legal and practical issues of deposit insurance management. Legal theories Theories on hedging, allocating, limiting risks and views on the role of the State in the market economy are applied to determine such contents as: determining the role of deposit insurance, rights and benefits of depositors, deposit insurance fees, deposit insurance payment limit, method of establishing deposit insurance relationship, method and time of insurance payment.
all these activities must comply with the provisions of law, international standards and practices and are suitable to the country’s socio-economic development situation. Theory of market economic institutions, legal theory: Developing a socialist- oriented market economy is one of the fundamental issues of development philosophy in Vietnam. The 10th National Congress of our Party emphasized the need to “ensure the role of the socialist rule of law in economic management and regulation”. In Vietnam today, the role of the State in the economy not only comes from the common requirements of the development of the market economy, but also from the specificity of the market-oriented economy.
In the context of socialism, research on the theory of market economic institutions is the basis to solve the inadequacies and limitations encountered when implementing and applying the law, which is the basis for proposing and proposing solutions. measures to improve mechanisms and policies on deposit insurance activities and Vietnam deposit insurance organization. Research questions When implementing this topic, the authors asked the main question about the research topic: “Is the law of Vietnam regulating deposit insurance effectively?” To further clarify this issue, the authors posed three related secondary questions: Question 1: How should the theoretical issues surrounding deposit insurance activities be understood? Question 2: How does the current Vietnamese law regulate deposit insurance activities? Question 3: What recommendations and solutions can be proposed to improve the law on deposit insurance activities? 6. Research hypothesis Coming to the first question is “How should the theoretical issues surrounding deposit insurance activities be understood?”.
Based on the theoretical basis, the authors briefly explore Deposit Insurance as a public commitment of the deposit insurer to the deposit insurance participating institution that the deposit insurer will pay deposits to depositors when the deposit insurance participating institution is terminated and is unable to pay depositors; Typical models of deposit insurance; The objective of deposit insurance is to protect the legitimate rights and interests of depositors, contribute to maintaining the stability of the system of credit institutions, and ensure the safe and healthy development of banking activities. The regulatory mechanism of law for deposit insurance is a specific mechanism, which is not entirely based on the contractual relationship and involves the State’s intervention in the deposit insurance relationship in order to maximize protection of the legitimate rights and interests of depositors. The second question: “How does the current Vietnamese law regulate deposit insurance?”. The current deposit insurance regulations are not consistent with international practices and do not meet the requirements of the practice of deposit insurance activities in Vietnam, especially regulations on participants, insurance objects, and activities.
There are also inconsistencies among legal documents related to deposit insurance such as the Law on the State Bank of Vietnam, the Law on Credit Institutions, the Law on Deposit Insurance, Civil Code, etc. Besides, the process of organization and implementation at deposit insurance participating organizations also encounters difficulties and problems that need to be studied. The third question: “What recommendations and solutions can be proposed to improve the law on deposit insurance activities?”. The trend of socio-economic integration and development of Vietnam and the world in recent years and in the coming time should be affirmed that it is time for Vietnam to develop and perfect the legal provisions on deposit insurance because there are many shortcomings and limitations.
Contributions of the topic In terms of theory, the study has focused on researching the theoretical and legal contents related to deposit insurance, and at the same time, studied the current status of legal regulations on deposit insurance including: about the subjects participating in the deposit insurance relationship, the rights and obligations of the 3 parties; the current status of deposit insurance fees and the use of deposit insurance premium revenues of the deposit insurer; The research paper also provides data and cases to prove its evaluations and comments. In addition, the study also points out the limitations and inadequacies in the mechanisms, policies, legal provisions and enforcement practices to indicate the causes of those limitations. In practical terms, the research results contribute as a reference for students’ searching for documents on related topics. At the same time, the legal framework is also clearly defined so that people have the most general information possible.
Going into practical research helps to highlight realty, helping people have the closest and most specific view on issues related to deposit insurance.