Regarding the basic content of the draft Law, Governor of the State Bank of Vietnam Nguyen Thi Hong said that the development of the Law on Deposit Insurance (amended) aims to create a complete and clear legal corridor for deposit insurance organizations to better protect the rights of depositors, ensuring the stability of the credit institution system, security and social safety.
The development of the Law closely follows and fully institutionalizes the Party's guidelines and policies, the State's policies; 5 policies approved by the Government ; inherits regulations that are still suitable for practice and overcomes shortcomings and limitations through the implementation of the 2012 Law on Deposit Insurance. The development of the Law ensures consistency with other legal regulations; and refers to the experiences of other countries on the basis of suitability with practice in Vietnam.
The Draft Law consists of 8 chapters and 44 articles, of which 28 articles are amended and supplemented; 7 new articles are added; 2 articles are abolished and 9 articles are kept unchanged.
Regarding the rights and obligations of deposit insurance organizations, the draft Law supplements the rights and obligations of deposit insurance organizations to inspect deposit insurance participating organizations according to the plan and content assigned by the State Bank; take special loans from the State Bank; participate in the process of handling deposit insurance participating organizations such as: assigning qualified and qualified people to hold management and executive positions, members of the Board of Control at People's Credit Funds under special control according to the request of the State Bank; participate in assessing the feasibility of restructuring plans for credit institutions under special control according to the law on credit institutions; purchase long-term bonds of credit institutions receiving compulsory transfers, and make special loans to deposit insurance participating organizations.
Regarding decentralization and delegation of authority to ministries, branches, and deposit insurance organizations, Governor Nguyen Thi Hong said that the draft Law inherits the delegation of authority to the Minister of Finance to regulate the financial regime of deposit insurance organizations, while supplementing the authority of the Ministry of Finance to regulate the accounting and bookkeeping of deposit insurance organizations.
The Draft Law decentralizes a number of current contents prescribed by the Government to the Governor of the State Bank, including regulations on: provision of information by the State Bank; re-issuance of Certificates of participation in deposit insurance; decentralizes a number of current contents prescribed by the Prime Minister to the State Bank, including regulations on insurance payment limits; deposit insurance fees...
Briefly presenting the review report, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai requested the drafting agency to continue reviewing and perfecting the draft Law, ensuring its consistency with the Party's policies and viewpoints, and ensuring its constitutionality, legality, and consistency with the legal system; at the same time, it is necessary to more carefully assess the resources and conditions to ensure the implementation of the Law.
Regarding the rights and obligations of deposit insurance organizations, the Standing Committee of the National Assembly's Economic and Financial Committee proposed to clearly define the roles of deposit insurance organizations and deposit insurance participants in calculating deposit insurance premiums, clarify the subject of fee determination as the basis for deposit insurance participants to pay premiums; clarify the scope, subjects, and content of inspection by deposit insurance organizations of deposit insurance participants, avoiding overlap with agencies that are also assigned the functions of inspection, examination, and supervision of credit institutions.
At the same time, it is necessary to specify the cases and conditions for deposit insurance organizations to receive support from the state budget; borrow from credit institutions, other organizations with government guarantees or special loans from the State Bank of Vietnam; clearly distinguish the authority of the State Bank, the tasks and powers of deposit insurance organizations and the Cooperative Bank of Vietnam in arranging personnel to participate in the management and operation of specially controlled people's credit funds...
Speaking at the meeting, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung requested the drafting agency to continue reviewing the draft law with the provisions of the Law on Credit Institutions, the Law on the State Bank, the Law on State Budget, the Law on Accounting and other draft laws being submitted by the Government and agencies to the National Assembly for consideration and approval at the upcoming 10th Session along with this draft law.
Regarding the rights and obligations of organizations participating in deposit insurance, Mr. Hoang Thanh Tung said that there are currently no regulations related to the responsibilities of this organization in announcing and publicizing participation in deposit insurance activities at the head office and branches; it is recommended to review and supplement to ensure consistency with the Law on Credit Institutions on public responsibility.
Concluding the working session, Vice Chairman of the National Assembly Vu Hong Thanh expressed his agreement with the necessity of promulgating the Law; at the same time, he highly appreciated the Government and the drafting agency for proactively preparing the draft Law dossier to ensure completeness according to regulations; and highly appreciated the comprehensive preliminary review report and in-depth analysis of the Standing Committee of the National Assembly's Economic and Financial Committee.
To ensure the quality of the draft law submitted to the National Assembly, the Vice Chairman of the National Assembly requested the Government to direct relevant agencies to complete research, focusing on groups of issues such as reviewing to ensure the consistency of the legal system; fully institutionalizing the Politburo's Resolutions on controlling and preventing corruption and negativity in law-making work; clarifying the role of deposit insurance organizations and deposit insurance participating organizations in calculating deposit insurance premiums; clarifying the subject that determines the premium level that deposit insurance participating organizations must pay; the scope, subjects, and contents of inspection by deposit insurance organizations of deposit insurance participating organizations, avoiding overlap with agencies that are also regulated to have the functions of inspecting, examining, and supervising credit institutions.../.
Source: https://baotintuc.vn/thoi-su/tao-hanh-lang-phap-ly-ro-rang-de-to-chuc-bao-hiem-tien-gui-bao-ve-tot-hon-quyen-loi-nguoi-gui-tien-20250922155515366.htm
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