THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
No.
68/2013/ND-CP
|
Hanoi, June
28, 2013
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DECREE
DETAILING
AND GUIDING IMPLEMENTATION OF THE LAW ON DEPOSIT INSURANCE
Pursuant to the Law on Government
organization date December 25, 2001;
Pursuant to the Law on deposit
insurance dated June 18, 2012;
At the proposal of the Governor of the State bank of Vietnam,
The Government promulgates the
Decree detailing and guiding implementation of the Law on deposit insurance.
Chapter 1.
GENERAL PROVISIONS
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This Decree details and guides
implementation of the Law on deposit insurance.
Article 2. Subjects of application
This Decree applies to deposit
insurers, organizations engaging in deposit insurance, persons
who are insured deposit and other organizations and individuals involving
deposit insurance operation.
Article 3. Deposit insurers
1. The deposit insurers are the State-run financial
organizations which are established and defined functions and
tasks by the Prime Minister at the request of the Governor of the State bank of
Vietnam.
2. The deposit insurers are the
State-run financial organizations which operate for non-profit purposes, ensure
capital safety and cover their expenses with their own revenues. Revenues of
the deposit insurers are exempted from tax payment of all kinds.
3. The deposit insurers are entitled
to deduct partly their revenues from investment of temporarily idle capital for
offsetting expenses The Ministry of Finance shall assume the prime
responsibility for, and coordinate with the State bank of Vietnam in defining
the specific deduction level.
Article 4. Organizations engaging
in deposit insurance
1. Organizations engaging in deposit
insurance are credit institutions, foreign banks’ branches which receive
deposit of individuals, including commercial banks, cooperative banks, People’s
credit funds and foreign banks’ branches established and operating in
accordance with law on credit institutions.
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3. Policy banks do not have to engage
in deposit insurance.
Article 5. Engaging in deposit
insurance
Credit institutions and foreign
banks’ branches as prescribed in Article 4 of this Decree must engage in
deposit insurance and list publicly copy of certificate of engaging in deposit
insurance at their head offices, branches and trading offices where receive
deposits of individuals.
Chapter 2.
DEPOSIT INSURANCE OPERATION
Article 6. Grant of certificcte of
engaging in deposit insurance
1. Within 15 (fifteen) days before
the beginning day of operation, organizations engaging in deposit insurance
must submit full dossier requesting for grant of certificate of engaging in
deposit insurance as prescribed in clause 3 Article 14 of Law on deposit insurance
to deposit insurers.
2. Within 05 (five) working days,
after receiving full dossier requesting for grant of certificate of engaging in
deposit insurance, deposit insurers are responsible for
grant of certificate of engaging in deposit insurance.
Article 7. Re-grant of certificate
of engaging in deposit insurance
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2. Certificates of engaging in
deposit insurance which are lost, torn or damaged may be re-granted within 05
(five) working days, after receiving application for re-grant of certificate of
engaging in deposit insurance of organizations engaging in deposit insurance.
3. Organizations engaging in deposit
insurance will be re-granted certificate of engaging in deposit insurance in
case there is change of information in certificate of engaging in deposit
insurance. Within 05 (five) working days, after receiving application for
re-grant of certificate of engaging in deposit insurance and copy of document
proving change of information of organization engaging in deposit insurance,
deposit insurers are responsible for re-grant of certificate of engaging in
deposit insurance.
Article 8. Principle of
information provision between the State bank of Vietnam and deposit insurers
1. To ensure truthfulness,
objectiveness, timeliness and fullness as prescribed.
2. Organizations which are supplied
information are responsible for management, use and keeping confidentiality of
information in accordance with law.
3. The provision of information under
the list of state secret shall comply with law on state’s secret protection.
Article 9. Information provision
of the deposit insurers to the State bank of Vietnam
1. The deposit insurers shall report
the State bank of Vietnam about information as prescribed in clause 1 Article
33 of Law on deposit insurance.
2. When implement tasks specified in
clause 10 Article 13 of Law on deposit insurance, deposit insurers are
responsible for reporting timely to the State bank of Vietnam in case:
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b) Operation of the organizations
engaging in deposit insurance have risk of leading to losing affordability,
loss of assets or negative impacts to other credit institutions.
Article 10. Information provision
of the State bank of Vietnam to the deposit insurers
1. The deposit insurers are allowed
to access information data of the State bank of Vietnam about organizations
engaging in deposit insurance for implementing tasks as prescribed in Article
13 of the Law on deposit insurance.
2. Information allowed to access from
information data of the State bank is specified as follows:
a) Some report norms under the report
and statistical regime of the State bank of Vietnam;
b) Financial statement of
organizations engaging in deposit insurance;
c) Information about grant of permit,
withdrawal of permit for establishment and operation of credit institutions,
permit for establishment of foreign banks’ branches; information about
temporary suspension of receiving deposit applicable to organizations engaging
in deposit insurance;
d) Information about division,
separation, consolidation, merger, dissolution, bankruptcy of organizations
engaging in deposit insurance;
dd) Information about special control
of organizations engaging in deposit insurance as prescribed by law on special
control applicable to credit institutions;
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3. The State bank of Vietnam shall
guide specifically about content of information and method of accessing to
information of the deposit insurers.
Article 11. Financial support for
the deposit insurers in case where capital sources of the deposit insurers are
not enough to pay insurance amount
1. In case where capital sources of
deposit insurers temporary is not enough to pay insurance amount, the deposit
insurers may be received support according to the refundable principle from the
State budget under decision of the Prime Minister or permitted to borrow with
guarantee of Government from credit institutions or other organizations.
2. Dossier of request for financial
support:
The deposit insurers send 01 set of
dossier including the following documents to the State bank of Vietnam:
a) Written request for support from
the State budget or request for Goverment's guarantee in order to borrow from
credit institutions or other organizations signed by competent person of
deposit insurer, in which clearly state the amounts need be supported from the
State budget, or need be guaranteed by the Government for loans from credit
institutions or other organizations; support duration from the State budget or
duration of loan guarantee and other necessary contents;
b) Plan on paying insurance amount to
the insured persons;
c) Plans on refund of capital sources
supported from the State budget or refund of loans from credit institutions or
other organizations;
d) Other relevant documents (if any).
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Article 12. Authorization for
insurance payment
1. The deposit insurers may authorize
organizations engaging in deposit insurance to pay the insurance amount to the
insured-deposit persons. The authorization must be adopted by authorization
contract of insurance payment in accordance with law.
2. Content of authorization contract
must clearly state liability of organizations engaging in deposit insurance in
use of amount transferred by the deposit insurers for payment on time, with
right quantity, and to right objects enjoyed insurance amount.
3. Organizations engaging in deposit
insurance which are authorized by the deposit insurers in payment of insurance
amount must satisfy conditions:
a) To abide by limitations for safety
assurance in operation of credit institutions within a minimum 6-month duration
before time of insurance payment;
b) To have a network for payment of
insurance amount located in suitable places.
Article 13. Receipt of insurance
amount
When receiving insurance amount, the
deposit-insured person must present ID card or passport. If the receiver is
authorized persons or heir of the deposit-insured person, apart from presenting
ID card or passport, the receiver must present documentary evidence on legal
status of authorized persons or heir of the deposit-insured person in
accordance with law.
In case of saving deposit, the
deposit-insured person must present saving card.
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Article 14. Participation in management, liquidation of assets and recovery of payable insurance amount
1. The deposit insurers shall participate in management, liquidation of assets
and recovery of payable insurance amount in the course of handling assets of
organizations engaging in deposit insurance being credit
institutions in accordance with law on bankruptcy
applicable to credit institutions.
2. The deposit insurers shall
participate in management, liquidation of assets and recovery of payable
insurance amount in the course of handling assets of organizations engaging in
deposit insurance being foreign banks’ branches in accordance with regulation
of the State bank of Vietnam on withdrawal of permit and asset liquidation of
foreign banks’ branches.
Chapter 3.
STATE MANAGEMENT ON DEPOSIT INSURANCE
Article 15. State management
agencies on deposit insurance
1. The Government implements unified
state management on deposit insurance.
2. The State bank of Vietnam:
a) To submit to the Prime Minister
for approval of charters, amendment and supplementation of charters of the
deposit insurers, appointment, re-appointment, dismissal, acceptance of
resigning, commend and reward, or discipline involving chairperson of Board of
Directors of the deposit insurers;
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Article 16. Responsibilities of
the Ministry of Finance
1. To assume the prime responsibility
for, and coordinate with the State bank of Vietnam in elaborating, promulgating
financial regime of deposit insurers.
2. To guide, examine, inspect
implementation of financial regime of deposit insurers.
Article 17. Responsibilities of
the Ministry of Labor, War Invalids and Social Affairs
To guide, examine, inspect
implementation of policies, regimes on labor and wage of the deposit insurers.
Article 18. Responsibilities of
relevant Ministries and Ministerial-level agencies
Ministries and Ministerial agencies
shall, within their tasks and powers, coordinate with the State bank of Vietnam
in state management on deposit insurance.
Article 19. Responsibilities of
People’s Committees at all levels
People’s Committees at all levels
shall, with their tasks and powers, coordinate with state management agencies
in implementing state management on deposit insurance in localities.
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IMPLEMENTATION PROVISIONS
Article 20. Transitional
provisions
Certificates of deposit insurance
which are granted before the effective day of this Decree will continue having
use value, except for certificates of deposit insurance which have been granted
for organizations not having to engage in deposit insurance as prescribed by
Law on deposit insurance. Certificates of deposit insurance which have been
granted for organizations not having to engage in deposit insurance as
prescribed by Law on deposit insurance will be invalid.
Article 21. Effect
1. This Decree takes effect on August
19, 2013.
2. Provisions of the Decree No.
89/1999/ND-CP dated September 01, 1999, on deposit insurance and the Decree No.
109/2005/ND-CP, dated August 24, 2005, amending and supplementing a number of
articles of the Decree No. 89/1999/ND-CP shall cease to be effective, except for
case specified in clause 3 of this Article.
3. Provisions on deposit insurance
premium, insurance amount that is refunded in the Decree No. 89/1999/ND-CP
dated September 01, 1999, on deposit insurance and the Decree No.
109/2005/ND-CP, dated August 24, 2005, amending and supplementing a number of
articles of the Decree No. 89/1999/ND-CP shall continue taking effect untill
the Prime Minister promulgates provisions on deposit insurance premium
framework, limitation of refunded insurance amount as prescribed in the Law on
deposit insurance.
Article 22. Responsibility for
implementation
1. The Governer of the State bank of
Vietnam shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung