FILLING THE LEGAL GAP IN THE BANKING AREA IN VIETNAM BEFORE INDUSTRY 4.0 PRESSURE

Authors

  • Pham Thi Giang Thu Assoc Prof. PhD, Hanoi Law University

DOI:

https://doi.org/10.53555/eijbms.v7i2.116

Keywords:

Industry 4.0, legal, banking area, filling

Abstract

Since 2016, with the appearance of products of industry 4.0 such as block chain, and products of the block chain associated with banking business area, has created many legal issues that need to be resolved.

Block chain eliminates the third parties/intermediaries in transactions. Therefore, how should the role of financial intermediaries be redefined for the present and the future? What legal risks can happen to Vietnamese investors in the market? There is no clear explanation/statement to answer those questions.

What is the legal definition of crypto currency? What role does it play in financial transactions such as investment? Can we use crypto currency as a payment method? These issues have not been resolved in Vietnam either in theory or by noting in a legal document.

As industry 4.0 is based on a big data system, the current managements, administrations, and identifications that credit organizations are implementing have become obsolete and need an overhaul. Current Vietnamese law has not been able to solve this issue.

The above loopholes need to be reviewed and identified a solution. Also, it is necessary to study and understand other countries’ law adjustments that may be applied and considered to adjust Vietnamese legal system. This article is intended to solve these problems as below.

References

. Blockchain - trends and prospects, Information Security Journal, No 1 (045) 2018

. Blockchain & Bitcoin, Information Security Journal, No 2 (046) 2018

. The Government of the Socialist Republic of Vietnam & the Central Economic Committee, Proceedings of the Conference "High-level International Forum and Exhibition of Industry 4.0, Hanoi, 12-13.7.2018, High-level Forum Session, Main Report No. 2" Vietnam and the 4th Industrial Revolution.

. Central Economic Committee, Orientation to develop national industrial development policy till 2030, vision to 2045, Reference book, National Economic Publishing House, 2018.

. O’Reilly: Blockchain: Blueprint for a new economy, Melanise Swan, ISBN 9781491920497

. Grant Gilmore, SECURITY INTERESTS IN PERSONAL PROPERTY, Vol. I, §8.1, Little, Brown & Co. (1965).

. Virtual Currency Act of Japan; Act on Financial Transactions of Japan

. European Central Bank, “Issue arising from the emergence of electronic money”, ECB Monthly Bulletin, 11/2000

. Resolution No. 23-NQ-TW dated 22.3.2018 by Ministry of Politics on the orientation of developing national industrial development policy till 2030, vision to 2045.

. The Law on e-transactions No. 51/2005/QH11 dated November 29, 2005

. The State Bank Law No. 46/2010 / QH12 dated June 16, 2010

. The Cybersecurity Law No. 24/2018/QH14 dated June 12, 2018

. Information Technology Law No. 67/2006-QH11 dated June 29, 2006

. Foreign Exchange Ordinance No. 28/2005 / PL-UBTVQH dated 13 May 2005

. The Cilvil Code No. 95/2015/QH13 dated November 24, 2015

. Civil Procedure Code 2015 No. 92/2015/QH13 dated November 25, 2015.

. Decree No. 11/ND-CP dated February 22, 2012 of the Government on security transactions;

. Decree 130/2018/ND-CP dated September 27, 2018 detailing the implementation of the Electronic Transaction Law on digital signatures and digital signature certification services.

. Decree 21/2021/NĐ-CP dated March 19, 2021on elaborating to the Civil Code regarding security for fulfillment of obligations

. Decision 2155/2017/QD-TTg dated August 21, 2017 of the Prime Minister approving the plan of completing the legal framework to manage and handle virtual assets, electronic money and virtual money.

. Decision 134/2000/QD-NHNN2 18.4.2000 promulgated the technical process of electronic money transfer in the state bank system and replacement documents.

. The Circular No. 13/2018/TT-NHNN on internal control systems of commercial banks and foreign banks’ dated May 18, 2018.

. Circular 23/2014 / TT-NHNN dated August 19, 2014 guiding the opening and use of payment accounts at payment service suppliers, Circular 32/2016 / TT-NHNN dated 26 December 2016 amending one number of articles of Circular 23 and Circular 19/2016 / TT-NHNN regulating bank cards.

. The Circular No. 39/2016/TT-NHNN on lending transactions of credit institutions and/or foreign bank branches with customers dated December 30, 2016.

. Circular 49/2018 / TT-NHNN dated December 31, 2008 on limited-term deposits.

. Circular 16/2020/TT-NHNN dated December 04, 2020 providing amendments to the Circular No. 23/2014/TT-NHNN dated August 19, 2014 of the Governor of the State Bank of Vietnam providing guidelines for opening and use of checking accounts at payment service providers

. The science Project under Justice's Ministry on “Legal aspects of virtual money: practicality of countries and some experiences for Vietnam" (Dr. Nguyen Minh Oanh is the chairman and has been presented in July 2018)

. Pham Thi Giang Thu, Improvement of Law on Anti-Money Laundering through Vietnamese Commercial Banking System in Vietnam - Some Lessons from some ASEAN Countries’ Anti-Money laundering Law, IAFOR Journal of Politics, Economics & Law (ISSN: 2188-9694), 9.2016, p137-p150

. Pham Thi Giang Thu, Completion of the law on adjustment of Vietnamese commercial banks internal control system, Proceeding of Basina, 9.2018, ISSN: 2471-6847, p236-253.

. Scientific Workshop on "Legal Corridor for Digital Banks in Vietnam", page 68, State Bank, Hanoi, 2017 31.

. CoinMarketCap, 2021, May 31st

. https://markets.businessinsider.com/cryptocurrencies (accessed on 28.2.2019), thitruongcoin.vn (accessed on

2.2019)

. https://thitruongcoin.vn/crypto-bien-dong-da-chieu-thi-truong-tran-ngap-tin-tuc-lac-quan, accessed on 28.12.2018;

. https://www.ccn.com/japan-accepts-bitcoin-as-legal-payment-method-whats-nex

. Bit coin Regulation In Singapore: An Inside Look, https://bravenewcoin.com/insights/bitcoin-regulationin-singapore-an-inside-look,

. Reply to Parliamentary Question on Virtual Currencies, http://www.mas.gov.sg/news-

andpublications/parliamentary-replies/2014/reply-to-parliamentary-question-on-virtual-currencies.aspx,

. 37. Many P2P Lending companies in Vietnam originated from China, Singapore and Indonesia”, http://cafef.vn/rat-nhieu-cong-ty-p2p-lending-o-viet-nam-co-nguon-goc-tu-trung-quoc-singapore-vaindonesia-20190307084829606.chn

. 38. The State Bank's comments on December 24, 2008 on the field of peer lending in Vietnam recently (https://sbv.gov.vn/webcenter/)

. 39. Some information on operating monetary policy and banking activities in the first quarter of 2019, dated A1.4.2019. (https://sbv.gov.vn/)

. Digital transformation of the banking industry towards a sustainable strategy in the 4.0 era,

https://sbv.gov.vn/webcenter/

. Resolution No 52/NQ-TW dated September 27, 2019 Resolution on a number of policies and activities to participate in the fourth industrial revolution

Downloads

Published

2021-06-27