Optimal protection of depositors' rights and stabilization of the financial system

ANH HUY |

The core purpose of the draft Law on Deposit Insurance (amended) is to create a complete and clear legal corridor to better protect the rights of depositors.

On October 23, continuing the program of the 10th Session, the National Assembly listened to a report on the draft Law on Deposit Insurance (amended).

Presenting the submission, Governor of the State Bank of Vietnam (SBV) Nguyen Thi Hong stated that the core purpose of the draft law is to create a complete and clear legal corridor, strengthen the "shield" to organize the Deposit Insurance (BHTG) to better protect the rights of depositors, while ensuring the stability of the credit institution system (CIs), security and social safety.

The Government's submission clearly stated that the viewpoint of law-making closely following the principle of inheriting regulations is still appropriate and overcomes shortcomings and limitations through practical implementation.

Ensure consistency with other legal regulations (such as the Law on Credit Institutions) and refer to international experience on the basis of suitability with Vietnamese practice.

The National Assembly's Economic and Financial Committee's review report also approved the necessity of developing the Law on Unemployment Insurance (amended) and assessed that the draft Basic Law dossier met the requirements.

However, the Committee also recommends that the Drafting Agency review and complete the draft, especially needing to assess more carefully the resources and conditions to ensure the implementation of the law - a key factor to ensure feasibility.

Notably, the Government has added important rights and obligations to unemployment insurance organizations, including: rights and obligations to inspect TCTDs participating in unemployment insurance according to the plan of the State Bank; add special loans from the State Bank and the right to borrow, receive support from the state budget, TCTDs or other organizations guaranteed by the Government.

The Economic and Financial Committee recommends that the Government clarify the legal value of inspection results conducted by the Unemployment Insurance Organization and strengthen the mechanism for information sharing, in coordination with other inspection and supervision agencies.

Clearly distinguish the cases and conditions for unemployment insurance organizations to receive support from the budget or special loans from the State Bank, ensuring compliance with the process of establishing and allocating the state budget.

At the same time, clearly distinguish the tasks and powers of the Bank for Insurance Cooperatives and the Bank for Vietnam Cooperatives in arranging personnel to participate in managing and operating people's credit funds.

This draft law focuses on flexibility in unemployment insurance, payment and insurance limit, accordingly, assigning the Governor of the State Bank to regulate the fee level, the application of co-class or discriminatory fees (based on risk) in accordance with the characteristics of the credit institution system in each period.

At the same time, supplement the regulation on temporarily suspending the payment of unemployment insurance fees for specially controlled credit institutions. The draft also adds a provision that the Governor of the State Bank decides on the ceiling limit (in full deposits) in "special cases" to ensure system safety, social order and safety.

With this content, the Economic and Financial Committee recommends that the regulation of unemployment insurance fees needs to be carefully studied to ensure stable revenue sources but still in line with the financial capacity of credit institutions.

It is necessary to have a roadmap for calculating unemployment insurance fees based on the risk level and specifying the criteria for evaluating and classifying TCTDs.

At the same time, clarify the basis for determining "special cases" to pay more than the limit and study the transparent approval process with the participation of the State Bank and the Ministry of Finance; the policy of temporarily suspending fee payment for specially controlled credit institutions must be included in the restructuring plan approved by competent authorities.

ANH HUY
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