THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
89/1999/ND-CP
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Hanoi, September 1, 1999
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DECREE
ON DEPOSIT INSURANCE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30,1992;
Pursuant to Credit Institutions Law No. 02/1997/QH10 of December 12, 1997;
At the proposal of the Vietnam State Bank Governor,
DECREES:
Chapter
I
GENERAL PROVISIONS
Article
1.- This Decree prescribes the deposit insurance operation in Vietnam,
aiming to protect the lawful rights and interests of money depositors,
contribute to maintaining the stability of credit institutions and ensure the
safe and healthy development of banking operations.
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1. Credit institutions and organizations other
than the credit institutions which are allowed to carry out a number of banking
operations prescribed by the Law on Credit Institutions and take deposit money
from individuals shall have to participate in the compulsory deposit insurance;
2. Organizations participating in the deposit
insurance or the deposit insured shall have to post up their participation
therein at their offices and transaction locations.
Article 3.- The deposit money to be insured shall be Vietnam
dong deposited by individuals at the deposit insured.
Article 4.-
1. The maximum insurance money amount to be paid
to all deposits (including both principal and interest) of an individual at the
deposit insured shall be 30 million Vietnam dong.
2. The alteration of the maximum insurance money
amount prescribed in clause 1 of this Article shall be decided by the Prime
Minister.
Article 5.-
1. 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. They have the legal
person status, their own sheets of balance, their own seals and are allowed to
open accounts at domestic and overseas banks, provided with charter capital by
the State and exempt from taxes.
2. The Prime Minister shall decide the
establishment of deposit insurers and ratify their organization and operation
charters.
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Chapter II
DEPOSIT INSURANCE OPERATIONS
Section 1. DEPOSIT INSURANCE PREMIUM
Article
6.-
1. The deposit insured shall have to pay the
deposit insurance premium at the rate of 0.15%/year calculated on the average
deposit balance of all individuals thereat. This deposit insurance premium
level shall be adjusted by the Prime Minister’s decisions
based on the proposals of the deposit insurers and opinions of the State Bank
as well as the Ministry of Finance.
2. The deposit insured may account the deposit
insurance premiums into their operating costs.
Article 7.- The deposit insurance premium shall be
calculated and paid four times in a fiscal year as prescribed by the State
Bank.
Article 8.- The deposit insured which violate the regulation
on the premium payment time limits shall, besides having to fully pay the
outstanding premium amount, be subject to a fine of 0.1% (one per thousand) of
the overdue amount for each day of late payment.
Article 9.- If after 30 days from the deposit insurance
premium payment deadline, the deposit insured fail to pay the deposit insurance
premium and the fine, the deposit insurer shall have the right to:
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2. Request the credit institution and/or the
State Treasury where the deposit insured opens account(s) to make deduction
therefrom for payment of the deposit insurance premium and the fine if it is an
organization other than a credit institution, which is allowed to conduct some
banking operations.
Article 10.-
1. If the deposit insured fails to pay the
overdue insurance premium for three months from the payment deadline, the
insurer shall terminate the insurance and make the announcement on the mass
media, and at the same time request the competent State body to issue a
decision to stop the mobilization of deposit money from individuals by such
deposit insured.
2. The deposit insurer shall have to provide
insurance for the insured amount of money of the deposit insured within 06
months from the date the decision to terminate the deposit insurance is issued.
Section 2. RISKS SUPERVISION
AND HANDLING MEASURES
Article
11.-
1. The deposit insured shall have to submit to
the deposit insurer all reports as provided for by the latter.
2. The deposit insured shall have to immediately
report to the deposit insurer on the following cases where :
a) They meet with difficulties in their payment
capabilities;
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3. Within 90 days after the end of the fiscal
year, the deposit insured shall have to send to the deposit insurer the annual
financial statements.
Article 12.-
1. Upon detection that the deposit insured has
violated regulations on safety in banking operation, the deposit insurer may
request the deposit insured to take remedial measures and at the same time to
report in writing to the State Bank.
2. Where it deems that the operation of the
deposit insured may lead to the loss of payment capability or great material
loss or may cause serious impacts on other credit institutions, the deposit
insurer shall have the right to request the deposit insured to take timely
measures and at the same time to report to the State Bank so that the latter
may apply urgent handling measures.
Article 13.-
1. The deposit insurer shall have to
periodically supply information on the operations of the deposit insured to the
State Bank and concerned competent State bodies.
2. The deposit insurer may conduct inspection of
the observance of the provisions of this Decree by the deposit insured.
3. The State Bank inspectors shall have to
supply the results of the inspection and supervision of the deposit insured to
the deposit insurer; coordinate the timely handling of the deposit insured
being in danger of losing their payment capability, violating regulations on
banking operations and being badly in debts.
4. Where a credit institution is placed in the
state of special control, the special Control Board shall have to periodically
notify the situation on the operation of such institution to the deposit
insurer for coordination in handling thereof.
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Article
14.-
1. Where the deposit insured is in danger of
losing its payment capability but not to the extent of being placed under the
state of special control, the deposit insurer may support it in the following
forms:
a) Providing support loans to pay the insured
deposits;
b) Providing guaranty for special loans so as to
have source for payment of the insured deposits;
c) Buying back its debts if such debts are guaranteed
with assets.
2. The support mentioned in clause 1 of this
Article shall be considered and decided by the Managing Board of the deposit
insurer.
Article 15.- In all cases mentioned in Article 14 of this
Decree, the deposit insurer shall apply support measures only after determining
that the continued operation of the deposit insured being in distress plays an
important role in ensuring the safety for the entire system as well as the
political, economic and social stability.
Section 4. THE PAYMENT OF INSURED
DEPOSITS
Article
16.-
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2. The deposit amount (including principal and
interest) in excess of the maximum amount to be paid by the deposit insurer
shall be paid to the depositor in the process of liquidating the assets of the
deposit insured in compliance with the provisions of the Law on Bankruptcy.
Article 17.- The payment of insured money to depositors
shall be effected via banks or according to agreement reached with the
depositors.
Article 18.- The payment of insured money to depositors or
their lawful mandatory shall be effected on the basis of the list of
depositors, jointly made by the deposit insurer and the deposit insured and on
the basis of regular vouchers.
Article 19.- Where the operating capital of the deposit
insurer is temporarily not enough to support the deposit insured meeting with
difficulty in their payment capability or to pay the insured money to the
depositors at the bankrupt deposit insured, the deposit insurer shall have to
report it to the State Bank so that the State Bank shall report it to the Prime
Minister for consideration and permitting the deposit insurer to borrow money
from credit institution(s) or other organizations with the Government’s
guaranty.
Section 5. MANAGEMENT AND
LIQUIDATION OF ASSETS OF THE BANKRUPT INSURED
Article
20.- Where the deposit insured goes bankrupt, the deposit insurer
shall become the creditor of such deposit insured with the amount of money
already paid to the depositors by the deposit insurer. The deposit insurer may
participate in the process of management and liquidation of assets of the
deposit insured according to the provisions of the Law on Bankruptcy.
Article 21.- The proceeds from the liquidation of assets of
the bankrupt deposit insured shall be supplemented to the source of operating
capital of the deposit insurer.
Chapter III
IMPLEMENTATION PROVISIONS
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Article 23.- The Vietnam State Bank Governor shall have to
guide the implementation of this Decree.
Article 24.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s
Committees of the provinces and centrally-run cities and chairmen of the
Managing Boards of the deposit insurer and the deposit insured shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai