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
1. Organizations engaging in deposit insurance may be re-granted certificate of engaging in deposit insurance when they are allowed to restore operation of receiving deposits of individuals by the State bank. Within 05 (five) working days, after receiving application for re-grant of certificate of engaging in deposit insurance and copy of written permission of the State bank about restoring operation of receiving deposits of individuals, deposit insurers are responsible for re-grant of certificate of engaging in deposit insurance.
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:
a) The organizations engaging in deposit insurance violate provision on safety in bank operation or violate other provisions of law on bank;
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;
e) Other information in accordance with regulation of the State bank of Vietnam in each period.
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).
3. The State bank shall assume the prime responsibility for, and coordinate with the Ministry of Finance in submitting to the Prime Minister for consideration, decision on support from the State budget for the deposit insurers or consideration, decision on guarantee for the deposit insurers to borrow from credit institutions or other organizations.
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.
In case of buying valuable papers that are issued by organizations engaging in deposit insurance, the deposit-insured person must present deposit certificates, promissory note, bills or bonds.
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.
Tìm kiếm
Nghị định 68/2013/NĐ-CP (Bản Word)
Nghị định 68/2013/NĐ-CP (Bản Pdf)
