NATIONAL
ASSEMBLY
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
Law
No.: 06/2012/QH13
|
Ha
Noi, June 18, 2012
|
LAW
ON DEPOSIT INSURANCE
Pursuant to the Constitution of
the Socialist Republic of Vietnam in 1992, as amended and supplemented under
Resolution No.51/2001/QH10;
The National Assembly
promulgates the Law on deposit insurance.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of adjustment
This Law stipulates the deposit
insurance activities, rights and obligations of insured persons of deposit s,
deposit insurance participation organizations, deposit insurance organization
and state management of deposit insurance.
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This Law applies to the insured
persons of deposit s, deposit insurance participation organizations, other
agencies, organizations and individuals related to the deposit insurance
operations
Article 3.
Purpose of deposit insurance
Deposit insurance is to protect
the legitimate rights and interests of depositors and contributes to maintain
the stability of the system of credit organizations and ensure the safe and
healthy development of the banking operation.
Article 4.
Explanation of terms
In this Law, the following terms
are construed as follows:
1. Deposit Insurance is a
guarantee for repayment of deposits to the insured persons of deposit within
the limit of premium payment when the deposit insurance participating
organizations fall into the state of inability to repay deposits to the
depositors or go bankrupt.
2. Insured persons of deposit is
an individual having deposits insured at the deposit insurance participation
organizations
3. Deposit insurance
participating organizations are foreign credit organizations and banking
branches established and operating under the Law on credit organizations are
entitled to receive deposits of individuals.
4. Deposit insurance
organizations are the state financial organizations operating not for profit,
implementing the deposit insurance policies, thus contributing to maintain the
stability of the system of credit organizations and ensuring the safe and
healthy development of the banking operation.
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Article 5.
Principle of deposit insurance
1. Deposit Insurance is a type
of mandatory insurance under the provisions of this Law.
2. The deposit insurance
activities must be public and transparent and ensure the legitimate rights and
interests of the insured persons of deposit, the deposit insurance
participation organizations, and the deposit insurance organizations.
Article 6.
Deposit insurance participation
1. The foreign credit
organizations and banking branches are entitled to receive the deposits of
individuals must participate in deposit insurance, except for the case
prescribed in clause 2 of this Article.
2. The policy bank do not have
to participate in deposit insurance.
Article 7.
State policies on deposit insurance
1. The State has policies to
protect the legitimate rights and interests of depositors
2. The State has policies to
manage and use in order to preserve and grow the capital resources of the
deposit insurance organization. The revenues of the deposit insurance
organization are exempted from taxes.
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1. The Government has unified
the management on deposit insurance
2. The State Bank of Vietnam is
responsible to the Government to carry out the state management on deposit
insurance
3. The Ministries,
ministerial-level agencies within the duties and powers shall coordinate with the
State Bank of Vietnam to carry out the state management on deposit insurance.
4. The People's Committees at
all levels within the duties and powers shall coordinate with the State
management agencies to carry out the state management on deposit insurance.
Article 9.
State management responsibilities for the deposit insurance of the State Bank
of Vietnam
1. Issuing or submitting to the
competent agencies for the issuance of legal normative documents on deposit
insurance
2. Presenting the Prime Minister
for the approval of the development strategy of deposit insurance.
3. Examining, inspecting and
handling violations and settling complaints and denunciation about deposit
insurance.
4. Presenting the Prime Minister
for making a decision on participating in international organizations on
deposit insurance of the deposit insurance organization.
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Article 10.
Prohibited acts.
1. The deposit insurance
participating organizations fail to pay the fee of deposit insurance.
2. The deposit insurance
organizations fail to pay or insufficiently pay the premium
3. Defrauding and falsifying
records, materials and papers on deposit insurance.
4. Obstructing, making it
difficult and damaging the legitimate rights and interests of the deposit
insurance organizations and the deposit insurance participating organizations,
the insured persons of deposit and the agencies and organizations related to
deposit insurance.
5. Taking advantage of position
and power to act against the provisions of law on deposit insurance.
Chapter II
RIGHTS AND OBLIGATIONS
OF THE INSURED PERSONS OF DEPOSIT, DEPOSIT INSURANCE PARTICIPATING
ORGANIZATIONS AND DEPOSIT INSURANCE ORGANIZATIONS
Article 11.
Rights and obligations of the insured persons of deposit
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2. Receiving the premium fully
and in a timely manner as prescribed by this Law.
3. Requiring the deposit
insurance participate organizations and deposit insurance organizations to
provide complete and accurate information and regulations on deposit insurance.
4. Making complaint and
denunciation and initiating a suit against the agencies, organizations and
individuals related to deposit insurance as prescribed by the law.
5. Having the obligations to
provide complete and honest information on the deposit on the requirement of
deposit insurance participating organizations and deposit insurance
organizations upon performing the procedures for the premium payment.
Article 12.
Rights and obligations of the deposit insurance participating organizations
1. Submitting record to request
the issuance of the Certificate of deposit insurance participation.
2. Being issued the Certificate
of deposit insurance participation.
3. Paying deposit insurance fee
sadequately and in a timely manner
4. Requiring the deposit
insurance organizations to pay the premium to the insured persons of deposit at
the deposit insurance participating organizations upon the obligations of
premium payment arising.
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6. Providing information on the
insured deposit to the deposit insurance organizations periodically or at the
request of the deposit insurance organizations.
Article 13.
Rights and obligations of the deposit insurance organizations
1. Building the development
strategy of the deposit insurance for the State Bank of Vietnam to present the
Prime Minister for the approval and organization of implementation.
2. Making proposal to the
competent state management agencies to promulgate or amend, supplement,
supersede, annul and suspend the execution of the legal normative documents
related to the deposit insurance activities.
3. Being examined and inspected
and supervised by the State Bank of Vietnam and the competent state agencies as
prescribed by the law.
4. Issuing and revoking the
Certificate of deposit insurance participation
5. Requiring the deposit
insurance participating organizations to provide information on the insured
deposit.
6. Calculating and collecting
deposit insurance fees for the deposit insurance participating organizations as
prescribed by this law.
7. Managing, using and
preserving the capital resources of deposit insurance
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9. Monitoring and inspecting the
compliance with the legal provisions on deposit insurance; making proposal to
the State Bank of Vietnam to handle the acts of violation of provisions of the
law on deposit insurance.
10. Aggregating, analyzing and
processing information on the deposit insurance participating organizations in
order to detect and propose the State Bank of Vietnam to promptly handle
violations of safety regulations on banking operations and risks that cause the
unsafety in the banking system.
11. Ensuring the confidentiality
of the data of deposit related to the deposit insurance of the deposit
insurance participating organizations as prescribed by law.
12. Receiving the support on the
principle of reimbursement from the state budget as decided by the Prime
Minister or borrowing from the other credit organizations and other
organizations with the guarantee of the Government in case the capital
resources of the deposit insurance organizations temporarily are not sufficient
to pay the premium; receiving funding from foreign and domestic organizations
and individuals to strengthen the operational capacity.
13. Participating in special
control process for the deposit insurance participating organizations as
prescribed by the State Bank of Vietnam; participating in the management and
liquidation of assets of the deposit insurance participating organizations as
prescribed by the Government.
14. Organizing to propagate the
policies and laws on deposit insurance; organizing training and fostering the
profession of deposit insurance, researching and applying the science and
technology and management methods in accordance with the requirements of
development of the deposit insurance organizations.
Chapter
III
DEPOSIT INSURANCE
OPERATION
Section 1.
CERTIFICATE OF DEPOSIT INSURANCE PARTICIPATION
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1. At least 15 days prior to the
operation inauguration day, the deposit insurance participating organization
must submit dossier to request the issuance of certificate of deposit insurance
participation to the deposit insurance organization.
2. Within 05 working days after
receipt of request dossier for issuing the certificate of deposit insurance
participation of the deposit insurance participating organizations, the deposit
insurance organization shall issue the certificate of deposit insurance
participation.
3. Dossier to request the
certificate of deposit insurance participation including:
a) Application for registration
of deposit insurance;
b) Copy of license of
establishment and the operation of the credit organization or the license of
establishment of foreign banking branch.
c) Copy of the certificate of
business registration.
Article 15.
Posting certificate of deposit insurance participation
The deposit insurance
participating organization must publicly post the copy of the certificate of
deposit insurance participation at all points of deposit transaction.
Article 16.
Revoking the certificate of deposit insurance participation
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2. The deposit insurance
participating organization is revoked the certificate of deposit insurance
participation when the State Bank of Vietnam sends document to revoke the
license of establishment and operation of the credit organization, the license
of establishment of foreign banking branch as prescribed by law.
3. Within 05 working days from
the date of revoking the certificate of deposit insurance participation, the
deposit insurance organization must publicly announce revocation of the
certificate of deposit insurance participation on three consecutive issues of a
central newspaper, a local newspaper where located the head office and branches
of the deposit insurance participating organization and on website of a
Vietnamese newspaper.
Article 17.
Re-issuing certificate of deposit insurance participation
1. The deposit insurance
participating organization is re-issued the certificate of deposit insurance
participation after the State Bank of Vietnam allows the recovery of deposit
receiving operation.
2. The certificate of deposit
insurance participation that is lost, torn or damaged shall be re-issued within
05 working days after receipt of request application for re-issuance of the
certificate of deposit insurance participation of the deposit insurance
participating organization.
Section 2.
INSURED DEPOSIT
Article 18.
Insured deposit
Deposit insured is the deposit
in Vietnam Dong of individuals deposited at the deposit insurance participating
organization in the form of term deposit, non-term deposit, saving deposit,
certificates of deposit, promissory notes, bills and other forms of deposit
under the provisions of the Law on credit organizations, other than the
deposits regulated in Article 19 of this Law.
Article 19.
Uninsured deposit
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2. Money deposited at the credit
organization of the individual who is a member of the member Board, member of
Board of Directors, member of control Board, General Director (Director),
Deputy General Director (Deputy Director) of that credit; Money deposited at
the foreign banking branch of the individual who is the General Director
(Director), Deputy General Director (Deputy Director) of that foreign banking
branch.
3. Money used to buy unknown
valuable papers issued by the deposit insurance participating organization.
Section 3. OF
DEPOSIT INSURANCE FEES
Article 20.
Deposit insurance fees
1. The Prime Minister has
regulated the fee framework of the deposit insurance at the request of the
State Bank of Vietnam.
2. Based on the fee framework of
the deposit insurance, the State Bank of Vietnam shall regulate the specific
fee rate ofthe deposit insurance for the deposit insurance participating
organizations on the basis of assessment and classification of these
organizations
3. The deposit insurance fees
are calculated on the basis of the average deposit balance of the insured
deposit at the deposit insurance participating organizations.
4. The deposit insurance fees
are calculated and paid quarterly in the fiscal year. The deposit insurance
participating organizations have to pay the deposit insurance fees to the
deposit insurance organizations on the 20th date of the first month of the succeeding
quarter at the latest.
5. The deposit insurance fees
are recorded into the operation expenses of the deposit insurance participating
organizations.
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1. If the deposit insurance
participating organization violates the deadline to pay the deposit insurance
fees as prescribed in Article 20 of this Law, in addition to fully paying the
outstanding fee, it shall be fined for each day of late payment equal to 0.05%
amount of the late payment.
2. Where the deposit insurance
organization discovers the inaccuracy in the calculation and payment of the fee
of deposit insurance, the insurance organization shall give a notice and
collect the arrear of fee or reimburse for the overpaid fee within 15 days from
the date of discovery.
3. After a period of 30 days
from the date of payment of the deposit insurance fees that the deposit
insurance participating organization fails to make payment or makes inedequate
payment of deposit insurance fees and fines, the deposit insurance organization
shall request in writing the State Bank of Vietnam to deduct the accounts of
the deposit insurance participating organizations at the State Bank of Vietnam
in order to pay the deposit insurance fees and fines. Within 30 days from the date
of receipt of the written request of the deposit insurance organization, the
State Bank of Vietnam shall handle the case.
4. In case the deposit insurance
participating organization fails to make payment or makes inedequate payment of
the deposit insurance fees, the State Bank of Vietnam shall deduct the accounts
of the deposit insurance participating in order to pay the fees as prescribed
in clause 3 of this Article for the second time, the deposit insurance
organization shall send document to the State Bank of Vietnam to request a
suspension or temporary suspension of deposit receving operation of the deposit
insurance participating organization.
Section 4.
PREMIUM PAYMENT
Article 22.
Arising time of obligations of premium payment
The obligations of premium
payment arising from the time the State Bank of Vietnam sends document to
terminate the special control or document to terminate the application or
documents not to apply the measures to restore the solvency for the credit organization
that is an deposit insurance participating organization still falls into
bankruptcy or the State Bank of Vietnam has document to identify the foreign
banking branch that is a deposit insurance participating organization losing
the ability to make payment of deposits to the depositors
Article 23.
Term for premium payment
Within 60 days from the arising
time of the obligation to pay the premium, the deposit insurance oganization is
responsible for paying the premium to the insured depositors
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1. The limit of premium payment
is the maximal amount that the deposit insurance organization shall make
payment for all insured deposits of a person at a deposit insurance
participating organization upon the arising obligations of premium payment
2. The Prime Minister stipulates
the limit of premium payment at the request of the State Bank of Vietnam.
Article 25.
Paid premium
1. The premium paid to all
insured deposits of a person at an deposit insurance participating organization
including the principal and interest maximally equal to the limit of premium
payment prescribed in Article 24 of this Law.
2. The premium paid in case many
people jointly own the insured deposits is defined as follows:
a) The premium paid to all
insured deposits of many people jointly owning at a deposit insurance
participating organization the principal and interest maximally equal to the
limit of premium payment paid to one person prescribed in Article 24 of this
Law. The premium paid will be divided by agreement of the co-owners; in case
there is no agreement or no agreement reached between the co-owners, the
settlement shall apply the provisions in accordance with the law;
b) Where one of the co-owners
has other insured deposit accounts at the same deposit insurance participating
organization, the total amount paid to a co-owner shall not exceed the limit of
premium payment;
3. Where the insured person has
a debt at the deposit insurance participating organization, the insured deposit
is the remaining amount after deducting that debt.
Article 26.
Procedures for premium payment
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The dossier to request the
payment of premium includes the written request of the premium payment, the
list of insured persons of deposit, the deposit of each insured person and the
premium to request the deposit insurance to make payment.
2. Within 05 working days after
receiving complete dossiers as prescribed in Clause 1 of this Article, the
deposit insurance organization shall verify the documents and books to determine
the amount to be paid.
3. Within 10 working days after
the end day of inspection specified in clause 2 of this Article, the deposit
insurance organization must have a plan to pay a premium to the insured persons
of deposit; publicly announce the location, time, mode of payment of premium on
three consecutive issues of a central newspaper, a local newspaper where
located the head office and the branches of the deposit insurance participating
organization and on website of a Vietnamese newspaper; listing the list of
insurance payees at the announced locations.
4. Upon receipt of premium, the
insured persons of deposit must produce the evidencing papers of the legal
ownership with respect to the insured deposits at the deposit insurance
participating organization.
5. The deposit insurance
organization shall directly make payment of premium to the insured persons of
deposit or authorize another deposit insurance participating organization to
make payment.
6. After a period of 10 years
from the date the deposit insurance organization has announced the first time
the payment of premium, the unclaimed premium shall be established the state
ownership and added to the operating capital of the deposit insurance
organization. The person who has the ownership of the insured deposit shall not
have the right to request the deposit insurance organization to return that
premium.
Article 27.
Treating the deposit exceeding the limit of premium payment
The deposit of the insured
persons of deposits including the principal and interest exceeding the limit of
premium payment shall be settled in the process of assets treating of the
deposit insurance participating organization as prescribed by the law.
Article 28.
Recovery of premium payable from the deposit insurance participating
organization
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2. The deposit insurance
organization is entitled to divide the property value in the order as the
depositors and recover the premium payable in the process of treating assets of
the deposit insurance participating organization in accordance with the law.
Chapter IV
DEPOSIT INSURANCE
ORGANIZATION
Article 29.
Deposit insurance organization
1. The deposit insurance
organization is a financial organization established by the Government and
stipulated the functions and duties.
2. The deposit insurance
organization is a legal entity operating not for profit, ensuring the the
capital safety and making up the costs.
Article 30.
Operating capital
1. The charter capital of the
deposit insurance organization funded by the state budget.
2. Revenues from the deposit
insurance fees
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4. Other revenues as prescribed
by the law
Article 31.
Investment operation
The deposit insurance
organization is entitled to use the temporary idle capital resources to buy
government bonds and bills of the State Bank of Vietnam and deposit money at
the the State Bank of Vietnam.
Article 32.
Finance, accounting record and auditing regime
1. The financial regime of the
deposit insurance organization shall be regulated by the Ministry of Finance in
cooperation with the State Bank of Vietnam
The fiscal year of the deposit
insurance organization begins on May 01 and ends on December 31 of the calendar
year.
2. The deposit insurance
organization shall carry out the accounting record in accordance with
regulation of the law.
3. The annual financial
statement of the deposit insurance organization must be audited and certified
by the State Audit.
Chapter V
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Article 33.
Responsibility for reporting and information disclosure of the deposit
insurance organization
1. The deposit insurance
organization is responsible for making report to the State Bank of Vietnam on
the following information:
a) Information on the compliance
with the regulation of the law on deposit insurance of the deposit insurance
partipating organization every 06 months periodically or irregularly on the
requirement of the State Bank of Vietnam.
b) Giving information on the
payment of premium to the insured person of deposit every 06 months
periodically or irregularly on the requirement of the State Bank of Vietnam
c) The result of duties
implementation prescribed in clause 10, Article 13 of this Clause quarterly or
irreguularly on the requirement of the State Bank of Vietnam
d) The annual financial
statement audited and the annual operation report;
dd) Other information on the
operation of deposit insurance on the requirement of the State Bank of Vietnam;
2. The deposit insurance
organization is responsible for disclosing information on the revocation of the
Certificate of deposit insurance participation and the plan for premium payment
to the insured persons of deposit as prescribed in clause 3, Article16 and
clause 3, Article 26 of this Law.
Article 34.
Providing information of the State Bank of Vietnam
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2. The State Bank of Vietnam is
responsible to let the deposit insurance organization to have access to the
information data on the deposit insurance participating organization as prescribed
by the Government.
Chapter VI
INSPECTION AND COMPLAINT
ABOUT DEPOSIT INSURANCE
Article 35.
Inspection on deposit insurance
1. The State Bank of Vietnam
shall carry out its function of inspection on deposit insurance.
2. The subject inspected on the insurance
deposit is the deposit insurance organization and deposit insurance
participating organization.
3. The rights and duties of the
subjects inspected on the insurance deposit shall comply with the provisions of
the Law on the State Bank of Vietnam and the law on inspection.
4. The process and procedures
for inspection on the deposit insurance for the deposit insurance orgnizations
shall comply with the provisions of the Law on the State Bank of Vietnam and
the law on inspection.
5. The process and procedures
for inspection on the deposit insurance for the deposit insurance orgnizations
shall comply with the provisions of the Law on inspection.
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1. The settlement of the
complaint for the administrative decisions and acts on deposit insurance shall
comply with the provisions of the Law on complaint.
2. The settlement of complaint
for the decisions and acts of the deposit insurance organization is executed as
follows:
a) The person who has the
competence to settle the first complaint about deposit insurance is the deposit
insurance organization. The time limit for settling complaints of the deposit
insurance organization is 15 days from the date of receipt of the complaint;
b) Where the complainant does
not agree with the decision on settlement of the first complaint, or upon the
expiration of the dealine but the complaint is not resolved, the complainant
may lodge complaint to the Governor of the State Bank of Vietnam;
c) The State Bank of Vietnam is
responsible for settling the complaint within 30 days from the date of
receiving the complaint. In case of disagreement with the settlement of
complaint of the Governor of the State Bank of Vietnam, the complainant has the
right to initiate a suit as prescribed by the law.
Chapter
VII
IMPLEMENTATION PROVISION
Article 37.
Provisional provision
The Certificate of deposit
insurance that is issued before the date this Law takes effect shall remain
valid for use.
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This Law takes effect on the
first of January, 2013.
Article 39.
Detailed provision and implementation guidance.
The Government stipulates in
detail and makes guidance of the articles and clauses specified in the Law.
This Law is adopted by the
National Assemly of the Socialist Republic of Vietnam, term XIII, 3rd session
on June 18, 2012,
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Sinh Hung