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THE NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law No. 111/2025/QH15
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Hanoi, December 10, 2025
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LAW
ON DEPOSIT INSURANCE
Pursuant to the Constitution
2013 of the Socialist Republic of Viet Nam as amended and supplemented by
Resolution No. 203/2025/QH15;
The National Assembly
promulgates the Law on Deposit Insurance.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Law provides for
deposit insurance activities; rights and obligations of insured depositors,
deposit insurance participating institutions and the deposit insurer; and state
management of deposit insurance.
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This Law applies to
insured depositors, deposit insurance participating institutions, the deposit
insurer, and other relevant agencies, organizations and individuals in relation
to deposit insurance activities.
Article
3. Purposes of deposit insurance
Deposit insurance aims to protect
the lawful rights and interests of depositors; and contributes to maintaining
the stability of the credit institution system, ensuring the safe and sound
development of banking activities.
Article
4. Interpretation of terms
For the purpose of this Law,
the following terms shall be construed as follows:
1. Deposit insurance means
the assurance of refunding deposits to an insured depositor within the deposit
insurance coverage limit upon arising of the obligation to pay insurance
proceeds in accordance with this Law.
2. Insured depositor means
an individual having an insured deposit at a deposit insurance participating
institution.
3. Deposit insurance participating institution means a credit institution or a foreign bank branch
established and operating in accordance with the Law on Credit Institutions,
which is permitted to accept deposits from individuals.
4. Deposit insurer means a
state financial institution operating on a not-for-profit basis, implementing
deposit insurance policies; contributing to maintaining the stability of the
credit institution system and ensuring the safe and sound development of
banking activities.
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6. Deposit insurance coverage limit means the maximum amount that the deposit insurer pays for
all insured deposits of one person at one deposit insurance participating
institution upon arising of the obligation to pay insurance proceeds.
Article
5. Principles of deposit insurance
1. Deposit insurance is a compulsory insurance as prescribed in
this Law.
2. Deposit insurance activities must be conducted in a public
and transparent manner, ensuring lawful rights and interests of insured
depositors, deposit insurance participating institutions and the deposit
insurer.
Article
6. Participation in deposit insurance
Credit institutions and
foreign bank branches permitted to accept deposits from individuals must
participate in deposit insurance; policy banks are not required to participate
in deposit insurance.
Article
7. State policies on deposit insurance
1. The State adopts policies to protect the lawful rights and
interests of depositors.
2. The State adopts policies on management and use in order to
preserve capital when conducting investment activities and increase operating
capital sources of the deposit insurer.
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1. The Government uniformly performs state management of
deposit insurance.
2. The State Bank of Vietnam is held accountable to the
Government for performing state management of deposit insurance.
3. Ministries and ministerial agencies shall, within the scope
of their tasks and powers, cooperate with the State Bank of Vietnam in
performing state management of deposit insurance.
4. People’s Committees at all levels shall, within the scope of
their tasks and powers, cooperate with state management agencies in performing
state management of deposit insurance in their localities.
Article
9. Responsibilities of the State Bank of Vietnam for state management of
deposit insurance
1. Submit to the Prime Minister for approval of the deposit
insurance development strategy.
2. Conduct inspection, specialized inspection, handle
violations, and settle complaints and denunciations regarding deposit insurance
in accordance with this Law and other relevant laws, except for the matters
prescribed in Article 10 of this Law.
3. Conclude international agreements or submit to competent
authorities for conclusion of international treaties on deposit insurance.
Article
10. Responsibilities of the Ministry of Finance for state management of deposit
insurance
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Article
11. Prohibited acts
1. A deposit insurance participating institution fails to pay the
deposit insurance premium.
2. The deposit insurer fails to pay or fails to fully pay
insurance proceeds.
3. Committing fraud or forgery of applications, documents, data
or papers relating to deposit insurance.
4. Obstructing or causing difficulties resulting in damage to
the lawful rights and interests of the deposit insurer, deposit insurance
participating institutions, insured depositors and relevant agencies and
organizations in relation to deposit insurance.
5. Abusing positions and powers to act against regulations of
the law on deposit insurance.
Chapter
II
RIGHTS
AND OBLIGATIONS OF INSURED DEPOSITORS, DEPOSIT INSURANCE PARTICIPATING
INSTITUTIONS AND THE DEPOSIT INSURER
Article
12. Rights and obligations of insured depositors
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2. Receive insurance proceeds in full and on time in accordance
with this Law.
3. Request deposit insurance participating institutions and the
deposit insurer to provide full and accurate information and policies on
deposit insurance.
4. Lodge complaints, denunciations, or initiate lawsuits
against relevant agencies, organizations and individuals in relation to deposit
insurance.
5. Provide full and truthful information on deposits at the
request of deposit insurance participating institutions and the deposit insurer
when carrying out procedures for payment of insurance proceeds.
Article
13. Rights and obligations of deposit insurance participating institutions
1. Be granted a certificate of participation in deposit
insurance.
2. Publicly disclose participation in deposit insurance.
3. Calculate and pay the deposit insurance premium in full and
on time.
4. Request the deposit insurer to pay insurance proceeds to
insured depositors upon arising of the obligation to pay insurance proceeds.
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6. Provide information on insured deposits and other
information relating to the payment of insurance proceeds periodically or upon
request of the deposit insurer, and information serving inspections by the
deposit insurer prescribed in Clause 10 Article 14 of this Law to the deposit
insurer.
7. Cooperate with the deposit insurer in propagation of deposit
insurance policies and laws.
8. Other rights and obligations as prescribed in this Law and
other relevant laws.
Article
14. Rights and obligations of the deposit insurer
1. Develop the deposit insurance development strategy for the
State Bank of Vietnam to submit to the Prime Minister for approval and organize
implementation.
2. Propose to competent state management agencies the issuance
of new, or amendments to, replacement, annulment, or suspension of
implementation of legal normative documents relating to deposit insurance
activities.
3. Be subject to inspection, specialized inspection and
supervision by the State Bank of Vietnam and other competent regulatory
agencies in accordance with this Law and other relevant laws.
4. Issue, re-issue, revoke, and temporarily revoke the
certificate of participation in deposit insurance.
5. Request deposit insurance participating institutions to
provide information on insured deposits and other information relating to the
payment of insurance proceeds, and information serving inspections by the
deposit insurer prescribed in Clause 10 of this Article in accordance with
regulations of the Governor of the State Bank of Vietnam.
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7. Manage, use and preserve capital when conducting investment
activities, except for certain objective and force majeure causes affecting
capital and income in accordance with regulations on financial regime of the
deposit insurer. Capital
preservation shall be evaluated on the basis of the overall performance of the
deposit insurer.
8. Pay insurance proceeds to insured depositors in accordance
with this Law and other relevant laws.
9. Monitor and inspect compliance by deposit insurance
participating institutions with the law on deposit insurance; propose that the
State Bank of Vietnam handle acts in violation of the law on deposit insurance.
10. Conduct inspections of deposit insurance participating
institutions according to plans and subject matters assigned by the State Bank
of Vietnam.
11. Consolidate, analyze and process information on deposit
insurance participating institutions in order to detect and propose that the
State Bank of Vietnam promptly handle violations of regulations on safety of
banking operations and risks causing unsafety in the credit institution system.
12. Ensure confidentiality of deposit data and documents
relating to deposit insurance of deposit insurance participating institutions
in accordance with law.
13. Receive reimbursable support from the state budget in
accordance with decisions of the Prime Minister or borrow from credit
institutions or other organizations with government guarantees in cases where
the capital sources of the deposit insurer are temporarily insufficient to pay
insurance proceeds; receive sponsorship from domestic and foreign organizations
and individuals to strengthen operational capacity; take a special loan from
the State Bank of Vietnam in accordance with this Law, the Law on Credit
Institutions and other relevant laws.
14. Participate in the process of early intervention, special
control and handling of credit institutions:
a) Participate in
assessing the feasibility of rehabilitation plans, merger plans, consolidation
plans, plans for transfer of entire capital contribution portions, and
participate in developing bankruptcy plans of credit institutions under special
control in accordance with the law on credit institutions;
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c) Purchase long-term
bonds of credit institutions subject to compulsory transfer pursuant to
decisions of the State Bank of Vietnam;
d) Appoint eligible and
qualified persons to hold positions of President and other members of the Board
of Directors; Head and other members of the Supervisory Board; Director, Deputy
Director and other managerial and executive positions of people’s credit funds
under special control at the request of the State Bank of Vietnam;
dd) Other matters as
prescribed in this Law and other relevant laws.
15. Participate in management and contract finalization of assets
of deposit insurance participating institutions in accordance with the law on
credit institutions and other relevant laws.
16. Conduct propagation on policies, laws and activities on
deposit insurance; organize training and dissemination of knowledge on deposit
insurance and related matters for relevant organizations and individuals;
conduct research, apply science and technology and management methods suitable
for the development requirements of the deposit insurer.
Chapter
III
DEPOSIT
INSURANCE ACTIVITIES
Section
1. CERTIFICATE OF PARTICIPATION IN DEPOSIT INSURANCE
Article
15. Issuance, re-issuance, revocation and temporary revocation of the
certificate of participation in deposit insurance
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2. The deposit insurer shall revoke the certificate of
participation in deposit insurance after the State Bank of Vietnam issues a
document revoking the license for establishment and operation of a credit
institution or the license for establishment of a foreign bank branch; the
deposit insurer shall temporarily revoke the certificate of participation in
deposit insurance when a competent authority issues a document temporarily
suspending deposit-taking activities of a credit institution or a foreign bank
branch in accordance with law.
3. Immediately after issuing or revoking the license for
establishment and operation of a credit institution or the license for
establishment of a foreign bank branch, or issuing a document temporarily
suspending deposit-taking activities of a credit institution or a foreign bank
branch, the State Bank of Vietnam shall notify the deposit insurer so that the
deposit insurer carries out the issuance, revocation or temporary revocation of
the certificate of participation in deposit insurance.
4. The deposit insurer shall re-issue the certificate of
participation in deposit insurance at the request of a deposit insurance
participating institution or when deemed necessary by the deposit insurer.
5. The deposit insurer shall promulgate documents guiding the
issuance, re-issuance, revocation and temporary revocation of the certificate
of participation in deposit insurance.
Article
16. Public disclosure of participation in deposit insurance
Public disclosure at all
transaction locations receiving deposits, on the website of the deposit
insurance participating institution (if any), on the website of the deposit
insurer and through other forms of disclosure by the deposit insurance
participating institution shall comply with the guidance of the deposit insurer.
Section
2. INSURED DEPOSITS
Article
17. Insured deposits
Insured deposits are
deposits in Vietnamese dong of individuals deposited at deposit insurance
participating institutions in the forms of time deposits, demand deposits, savings
deposits, certificates of deposit and other forms of deposits in accordance
with the law on credit institutions, except for deposits prescribed in Article
18 of this Law.
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1. Deposits at a credit institution of an individual owning
more than 5% of the charter capital of that credit institution; deposits of an
individual and related persons of that individual where the individual or
related persons own more than 5% of the charter capital of that credit
institution. Related
persons shall be determined in accordance with the law on credit institutions.
2. Deposits at a credit institution of an individual who is a
manager, executive or member of the Supervisory Board of that credit
institution; deposits at a foreign bank branch of an individual who is the
General Director (Director) or Deputy General Director (Deputy Director) of
that foreign bank branch.
3. Compulsory savings deposits at microfinance institutions in
accordance with law.
4. Money used to purchase bearer valuable papers issued by a
deposit insurance participating institution.
Section
3. DEPOSIT INSURANCE PREMIUM
Article
19. Deposit insurance premium
1. The Governor of the State Bank of Vietnam shall prescribe
the deposit insurance premium rate and the application of a uniform premium or
differentiated premiums in accordance with the characteristics of the credit
institution system in Vietnam in each period.
2. Credit institutions under special control shall be exempt
from payment of the deposit insurance premium.
3. Where the deposit insurer takes a special loan from the
State Bank of Vietnam in accordance with Article 38 of this Law, the deposit
insurer may develop a plan to increase the deposit insurance premium to
compensate for the special loan from the State Bank of Vietnam, including at
least provisions on the duration of the premium increase, the level of increase
and submission to the State Bank of Vietnam for consideration and decision.
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5. The deposit insurance premium shall be calculated on the
basis of the average balance of insured deposits at the deposit insurance
participating institution.
6. The deposit insurance premium shall be calculated and paid
quarterly in the fiscal year. A deposit insurance participating institution must pay the
deposit insurance premium to the deposit insurer no later than the 20th day of
the first month of the subsequent quarter.
7. The deposit insurance premium shall be accounted as
operating expenses of the deposit insurance participating institution.
8. The Governor of the State Bank of Vietnam shall provide
guidance on calculation and payment of the deposit insurance premium.
Article
20. Measures for handling acts of underpayment or late payment of the deposit
insurance premium
1. A deposit insurance participating institution that violates
the deadline for payment of the deposit insurance premium as prescribed in
Article 19 of this Law, in addition to paying the full unpaid premium, shall
pay a late payment charge of 0.05% per day of the unpaid amount, except in
cases where late payment occurs due to force majeure events as prescribed by
law or where payment postponement applies under Clause 4 Article 19 of this Law.
2. Where the deposit insurer detects inaccuracies in the
calculation and payment of the deposit insurance premium, the deposit insurer
shall notify and collect the unpaid amount or refund the overpaid premium
within 15 days from the date of detection.
3. After 30 days from the due date for payment of the deposit
insurance premium, if the deposit insurance participating institution fails to
pay or fails to fully pay the deposit insurance premium and late payment
charge, the deposit insurer shall send a written request to the State Bank of
Vietnam to handle the matter in accordance with law.
Section
4. PAYMENT OF INSURANCE PROCEEDS
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The obligation to pay
insurance proceeds arises from one of the following points in time:
1. The bankruptcy plan of a credit institution is approved or
the State Bank of Vietnam issues a document determining that a foreign bank
branch is unable to pay deposits to depositors;
2. The State Bank of Vietnam issues a document suspending
deposit-taking activities of a credit institution under special control and the
accumulated losses of that credit institution exceed 100% of the value of its
charter capital and reserve funds according to the most recent audited
financial statements;
3. The State Bank of Vietnam issues a document notifying the
deposit insurer of payment of insurance proceeds in accordance with Clause 2
Article 36 of this Law.
Article
22. Deposit insurance coverage limit
1. The Governor of the State Bank of Vietnam shall prescribe
the deposit insurance coverage limit in each period.
2. When the obligation to pay insurance proceeds arises under Clause
2 or Clause 3 Article 21 of this Law, in special cases, to ensure the interests
of depositors, the safety of the credit institution system and social order and
safety, the Governor of the State Bank of Vietnam may decide a payment limit
exceeding the limit prescribed in Clause 1 of this Article, up to the total
amount of insured deposits of depositors at a deposit insurance participating
institution when the obligation to pay insurance proceeds arises.
3. The deposit insurance coverage limit in cases of
implementation of the bankruptcy plan of a credit institution under special
control shall comply with the law on credit institutions.
Article
23. Insurance payout amount
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Where an insured depositor
has debts at the deposit insurance participating institution, the insured
deposit amount shall be the remaining amount after deduction of such debts.
2. The insurance payout amount in cases where multiple persons
jointly own insured deposits shall be determined as follows:
a) The insurance payout
amount for all insured deposits jointly owned by multiple persons at one
deposit insurance participating institution includes principal and interest;
b) The maximum insurance
payout amount for each co-owner, including insurance payouts for other insured
deposits of that co-owner at the same deposit insurance participating
institution, shall not exceed the deposit insurance coverage limit;
c) The insurance payout
amount shall be distributed according to the agreement of the co-owners; where
there is no agreement or an agreement cannot be reached, the matter shall be
resolved in accordance with law.
Article
24. Procedures for payment of insurance proceeds
1. Within 5 working days from the time when the obligation to
pay insurance proceeds arises, the deposit insurance participating institution
shall submit an application for payment of insurance proceeds to the deposit
insurer.
The application for
payment of insurance proceeds includes a written request for payment, a list of
insured depositors, the deposit amount of each insured depositor and the
insurance payout amount requested from the deposit insurer.
2. Within 5 working days from the date of receiving a complete
application as prescribed in Clause 1 of this Article, the deposit insurer
shall conduct verification of documents and accounting records to determine the
payout amount.
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4. Within a maximum period of 45 days from the time when the
obligation to pay insurance proceeds arises, the deposit insurer shall pay
insurance proceeds to insured depositors.
5. When receiving insurance proceeds, insured depositors must
present documents and data proving lawful ownership of insured deposits at the
deposit insurance participating institution.
6. The deposit insurer shall directly pay insurance proceeds to
insured depositors or authorize another deposit insurance participating
institution to do so.
7. After 10 years from the date when the deposit insurer
publicly announces the payment of insurance proceeds, unclaimed insurance
proceeds shall be added to the operating capital of the deposit insurer, and
the person having ownership rights to the insured deposits shall not have the
right to request the deposit insurer to pay such insurance proceeds.
Article
25. Handling of deposit amounts exceeding the deposit insurance coverage limit
Deposit amounts of insured
depositors, including principal and interest exceeding the deposit insurance
coverage limit, shall be resolved during the asset handling process of the
deposit insurance participating institution in accordance with law.
Article
26. Recovery of insurance payout amounts from deposit insurance participating
institutions
1. The deposit insurer becomes a creditor of the deposit
insurance participating institution for the insurance payout amounts paid to
insured depositors from the date of payment.
2. The deposit insurer shall be distributed asset values in the
same order as depositors and recover the insurance payout amounts during the
asset handling process of the deposit insurance participating institution in
accordance with law.
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DEPOSIT
INSURER
Article
27. Deposit insurer
1. The deposit insurer is a state financial institution
established by the Prime Minister, who prescribes its functions and tasks.
2. The deposit insurer is a legal entity operating on a
not-for-profit basis, financially autonomous and self-financing.
3. The management structure of the deposit insurer includes the
Board of Directors, the Supervisory Board and the General Director.
4. The deposit insurer has its head office; branches;
representative offices and other affiliated units (if any).
5. The Government prescribes the organization, operation,
salary, remuneration and bonus entitlements of the deposit insurer in
accordance with the nature of the deposit insurer’s operations.
Article
28. Operating capital sources
Operating capital sources
of the deposit insurer include:
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2. Capital from a special loan from the State Bank of Vietnam;
capital received as reimbursable support from the state budget under decisions
of the Prime Minister or borrowed from credit institutions or other
organizations with government guarantees in cases where the capital sources of
the deposit insurer are temporarily insufficient to pay insurance proceeds;
3. Professional reserve fund:
a) The professional
reserve fund is formed from proceeds from deposit insurance premium collection;
unclaimed insurance proceeds; the remaining annual financial
revenue-expenditure difference after making appropriations to funds in
accordance with regulations; and amounts received by the deposit insurer (if
any) from contract finalization of assets of deposit insurance participating
institutions in accordance with regulations;
b) The professional
reserve fund is used to pay insurance proceeds to depositors in accordance with
the law on deposit insurance; participate in the process of early intervention
and special control of deposit insurance participating institutions, and other
activities in accordance with this Law;
c) The deposit insurer
shall account the amount already paid to depositors as a decrease in the
professional reserve fund;
4. Development investment fund:
The development investment
fund is appropriated from the annual revenue-expenditure difference of the
deposit insurer and is used to execute development investment projects of the
deposit insurer and supplement the charter capital of the deposit insurer;
5. Financial reserve fund:
The financial reserve fund
is used to offset the remaining portion of losses and property damage arising
in the course of operations after being offset by compensation from
organizations and individuals causing the losses, insurance payouts and risk
provisions; and is used for other purposes in accordance with this Law and
other relevant laws;
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Article
29. Investment activities
1. The deposit insurer may use its operating capital sources,
except for the capital source prescribed in Clause 2 Article 28 of this Law, to:
a) Purchase and sale of
government bonds; purchase and sale of bills of the State Bank of Vietnam with
credit institutions and foreign bank branches;
b) Deposit placement at
the State Bank of Vietnam;
c) Purchase and sale of
bonds and certificates of deposit issued by commercial banks with more than 50%
of charter capital held by the State, and joint stock commercial banks with
more than 50% of charter capital held by state-owned enterprises; deposit
placement at commercial banks with more than 50% of charter capital held by the
State, and joint stock commercial banks with more than 50% of charter capital
held by state-owned enterprises. No investment shall be made in commercial banks under
special control;
d) Other investment
activities in accordance with the Government’s regulations.
2. While not in use, the capital source prescribed in Clause 2
Article 28 of this Law must be deposited at the State Bank of Vietnam.
3. The Governor of the State Bank of Vietnam prescribes
investment methods of the deposit insurer and procedures for risk control and
risk management in the deposit insurer’s investment activities.
4. The deposit insurer decides on criteria for the investment
portfolio, investment structure and each investment prescribed in Clause 1 of
this Article. The
deposit insurer must control and manage risks of investments.
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1. Revenues of the deposit insurer shall be recognized in
accordance with Vietnamese Accounting Standards and relevant laws, and fully
recorded as revenue, including revenue from deposit insurance operations;
revenue from investment activities and other revenue.
2. Expenses of the deposit insurer shall be recognized on the
matching principle between revenues and expenses in accordance with Vietnamese
Accounting Standards and relevant laws. Expenses of the deposit insurer are actual expenses arising
in relation to operations of the deposit insurer, including expenses for
deposit insurance operations; investment activity expenses; expenses for
managers, executives and employees; management activity expenses; risk
provision expenses; and other expenses.
3. The annual revenue-expenditure difference of the deposit
insurer is the operating result of the deposit insurer, determined as total
income minus reasonable and lawful total expenses arising in the year.
4. The revenue-expenditure difference of the deposit insurer shall
be distributed as follows:
a) Offset prior years’
revenue-expenditure deficits;
b) Appropriate to funds,
including the development investment fund; the financial reserve fund; and the
reward and welfare fund. The Minister of Finance prescribes appropriation ratios from
the deposit insurer’s revenue-expenditure difference to the funds specified in
this Point in accordance with the nature of the deposit insurer’s operations;
c) The remaining amount
shall be appropriated to the professional reserve fund.
5. Where the deposit insurer uses the professional reserve fund
to pay insurance proceeds to depositors in accordance with law or carry out
activities prescribed in Point b and Point c Clause 14 Article 14 of this Law,
resulting in insufficient revenue sources to cover the deposit insurer’s
operating expenses and a negative revenue-expenditure difference, the deposit
insurer may use the financial reserve fund, and deposit insurance premium
proceeds (after the financial reserve fund has been fully used) to offset
operating expenses and payments of salaries and welfare for employees, ensuring
that salaries are not lower than the immediately preceding year.
6. The financial regime, accounting and bookkeeping of the
deposit insurer are based on the financial mechanism applicable to a
single-member limited liability company with 100% of charter capital held by
the State, suitable for the nature of the deposit insurer’s operations, and as
prescribed by the Minister of Finance.
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Article
31. Management and investment of state capital at the deposit insurer
1. Principles for management and investment of state capital at
the deposit insurer:
a) Comply with this Law, other
relevant laws, and be suitable for the not-for-profit nature of the deposit
insurer;
b) The owner’s
representative agency and state management agency shall not directly interfere
in routine operations, investment activities, and management and administration
activities of the direct owner’s representative and other titles in accordance
with regulations on the organization and operation of the deposit insurer;
c) Management of state
capital invested in the deposit insurer must be conducted through the direct
owner’s representative.
2. State owner representation:
a) The Government
uniformly performs rights and responsibilities of the state owner’s
representative in investment and management of state capital at the deposit
insurer;
b) The Prime Minister, the
State Bank of Vietnam, and the direct owner’s representative at the deposit
insurer perform rights and responsibilities of the state owner’s representative
with respect to the deposit insurer in accordance with this Law and the
Government’s regulations.
3. The Government prescribes management and investment of
capital, supervision, and evaluation of the effectiveness of state capital
investment at the deposit insurer.
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INFORMATION
AND REPORTING ACTIVITIES
Article
32. Reporting responsibilities and information disclosure of the deposit insurer
1. The deposit insurer is responsible for reporting the
following information to the State Bank of Vietnam:
a) Information on
compliance with the law on deposit insurance by deposit insurance participating
institutions every 6 months or on an ad hoc basis at the request of the State
Bank of Vietnam;
b) Information on payment
of insurance proceeds to insured depositors every 6 months or on an ad hoc
basis at the request of the State Bank of Vietnam;
c) Results of performance
of tasks prescribed in Clause 11 Article 14 of this Law on a quarterly basis or
on an ad hoc basis at the request of the State Bank of Vietnam;
d) Annual audited
financial statements and annual activity reports;
dd) Other information on
deposit insurance activities as requested by the State Bank of Vietnam.
2. The deposit insurer is responsible for disclosing
information on revocation and temporary revocation of the certificate of
participation in deposit insurance and the plan for payment of insurance
proceeds to insured depositors in accordance with Clause 2 Article 15 and
Clause 3 Article 24 of this Law.
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1. The deposit insurer is permitted to access information data
of the State Bank of Vietnam on deposit insurance participating institutions to
perform its functions and tasks in accordance with regulations of the Governor
of the State Bank of Vietnam.
2. The State Bank of Vietnam is responsible for enabling the deposit
insurer to access information data on deposit insurance participating
institutions.
3. The Governor of the State Bank of Vietnam prescribes
provision of information on customers’ deposits at deposit insurance
participating institutions to the deposit insurer.
Chapter
VI
INSPECTION
REGARDING DEPOSIT INSURANCE
Article
34. Inspection regarding deposit insurance
1. The State Bank of Vietnam performs the function of
inspection regarding deposit insurance.
2. Regulated entities of inspection regarding deposit insurance
are the deposit insurer and deposit insurance participating institutions.
3. Rights and obligations of regulated entities of inspection
regarding deposit insurance shall comply with the Law on the State Bank of
Vietnam and the law on inspection.
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5. Procedures for inspection regarding deposit insurance for the
deposit insurer shall comply with the law on inspection.
Chapter
VII
PARTICIPATION
IN HANDLING CREDIT INSTITUTIONS SUBJECT TO EARLY INTERVENTION OR SPECIAL
CONTROL; PARTICIPATION IN HANDLING INCIDENTS AND CRISES IN OPERATIONS OF CREDIT
INSTITUTIONS
Article
35. Special loans
1. The deposit insurer shall provide special loans from the
professional reserve fund in the following cases:
a) Provide special loans
to commercial banks, cooperative banks and microfinance institutions under
special control to carry out rehabilitation plans;
b) Provide special loans
to commercial banks under special control to carry out compulsory transfer
plans;
c) Provide special loans
to commercial banks, cooperative banks, people’s credit funds and microfinance
institutions subject to early intervention and experiencing mass withdrawals;
and those under special control and experiencing mass withdrawals, to pay
deposits to depositors.
2. The Governor of the State Bank of Vietnam prescribes
provision of special loans by the deposit insurer to credit institutions.
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Article
36. Payment of insurance proceeds to ensure system safety, order and social
safety
1. In order to ensure system safety, order and social safety as
prescribed in Clause 4 Article 162 of the Law on Credit Institutions, the State
Bank of Vietnam shall report to the Government for decision on requiring the
deposit insurer to pay insurance proceeds in cases where a credit institution
under special control loses, or is at risk of losing, its ability to pay
deposits in accordance with the law on credit institutions.
2. The time of arising of the obligation to pay insurance
proceeds prescribed in Clause 1 of this Article shall be determined when the
State Bank of Vietnam issues a written notice to the deposit insurer on payment
of insurance proceeds.
3. The plan for handling the debt of the deposit insurer must
be approved in the rehabilitation plan, merger plan, consolidation plan, plan
for transfer of all shares and capital contribution portions, compulsory
transfer plan, or bankruptcy plan.
4. Where the amount in the professional reserve fund is
insufficient to pay insurance proceeds, the deposit insurer shall be granted a
special loan by the State Bank of Vietnam to pay insurance proceeds in
accordance with Clause 1 of this Article.
Article
37. Principles for handling special loans
1. Special loans from the deposit insurer shall be prioritized
for repayment in accordance with Clause 1 Article 194 of the Law on Credit
Institutions.
2. After the bankruptcy plan is approved, the amount that the
deposit insurer has disbursed as special loans shall be converted into the
amount used to pay deposits to depositors.
Article
38. Special loans from the State Bank of Vietnam
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The amount in the
professional reserve fund being insufficient to pay insurance proceeds shall be
determined when the deposit insurer has used up the amount in the professional
reserve fund but it remains insufficient to fulfill the obligation to pay
insurance proceeds. The sale of valuable papers not yet due and the withdrawal
of deposits not yet due must ensure the principle of preserving capital in
investment activities.
2. The deposit insurer shall develop a plan to increase the
deposit insurance premium to compensate for the special loan; use repayments of
special loans by credit institutions, proceeds from sale of valuable papers
held by the deposit insurer, proceeds from contract finalization of assets of
credit institutions receiving special loans, and the deposit insurance premium
to prioritize repayment of the special loan to the State Bank of Vietnam.
3. The Governor of the State Bank of Vietnam shall provide
guidance on the State Bank of Vietnam’s provision of special loans to the
deposit insurer.
Article
39. Participation in handling incidents and crises in operations of credit
institutions
Where incidents or crises
arise that may cause system unsafety in the credit institution system, the
deposit insurer shall participate in handling such incidents or crises in
accordance with this Law.
The Government shall
decide other measures for the deposit insurer to participate in handling
incidents and crises.
Chapter
VIII
IMPLEMENTATION
PROVISIONS
Article
40. Entry into force
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2. Law No. 06/2012/QH13 on Deposit Insurance ceases to have
effect as of the date this Law comes into force.
Article
41. Transitional provisions
1. Certificates of participation in deposit insurance issued
before the effective date of this Law shall remain valid.
2. Promissory notes and bills issued by deposit insurance
participating institutions with outstanding balances before July 1, 2024 shall
be counted as insured deposits until the deposit insurance participating
institutions fully pay such promissory notes and bills.
3. Credit institutions placed under special control
before the effective date of this Law may temporarily postpone payment of late
payment amounts arising from the time of being placed under special control. Credit institutions under special control shall develop a plan
to fully repay the postponed late payment amounts in the restructuring plan
submitted to competent authorities for approval.
This Law was passed by
the 13th National Assembly of the Socialist Republic of Vietnam at its 10th
session on December 10, 2025.
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