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Viet Nam - A Guide for Business and Investment - asean-korea centre

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eign-owned banks, branches of <strong>for</strong>eign banks, creditcooperatives, finance leasing companies <strong>and</strong> financecompanies. Currently, there are 6 state-owned banks(5 commercial banks <strong>and</strong> 1 policy bank - the Bank <strong>for</strong>Social Policy), 37 joint-stock banks, 5 joint-venturebanks, 31 licensed <strong>for</strong>eign banks operating 38 <strong>for</strong>eignbank branches, 6 finance companies <strong>and</strong> 10 financeleasing companies. Under the WTO commitments, <strong>Viet</strong>namcommitted to permit the establishment of 100%<strong>for</strong>eign owned banks from 1 April 2007. The scopeof operations of <strong>for</strong>eign bank branches, joint venturebanks <strong>and</strong> 100% <strong>for</strong>eign-owned banks are also graduallyexp<strong>and</strong>ed to comply with <strong>Viet</strong>nam’s commitmentsunder WTO <strong>and</strong> other bilateral/multilateral internationalagreements. After 5 years from the date of accessionto WTO, <strong>Viet</strong>nam has to lift all restrictions to the right ofa <strong>for</strong>eign bank branch to accept deposits in <strong>Viet</strong>nameseDong from <strong>Viet</strong>namese natural persons with whichthe bank does not have a credit relationship.Currently, <strong>for</strong>eign credit institutions are allowed to holdup to 30% of the charter capital of a joint stock bank,in which the maximum shares held by one <strong>for</strong>eign institutionis 10%. The Government is drafting a newregulation to exp<strong>and</strong> the limit of shares held by a <strong>for</strong>eigncredit institution being a strategic shareholder ofa joint stock bank to 20% of the charter capital of suchjoint stock bank.The Law on Credit Institutions, which came into <strong>for</strong>ceon 1 October 1998, as amended in 2004, providesTransaction coner of <strong>Viet</strong> <strong>Nam</strong> bank <strong>for</strong> Foreign Tradea wide range of products <strong>and</strong> services which a bankmay offer, from traditional financial products to fundsmanagement <strong>and</strong> insurance services. The regulationson the securities market also permit domestic banksto establish securities companies to participate in thesecurities market. This is the legal basis <strong>for</strong> the convergenceof the financial industry sectors (banking, capitalmarkets, insurance <strong>and</strong> funds management) in the futurewith the development of the stock market.Since 1998, with support from multilateral donor institutions,the Government has outlined a comprehensivere<strong>for</strong>m <strong>and</strong> restructuring program to improvethe efficiency of the commercial banking system. Theprogram includes four components: (i) restructuringjoint-stock banks through mergers <strong>and</strong> closure to reducethe number of joint stock banks by half; (ii) trans<strong>for</strong>mingstate-owned commercial banks into independentbusinesses; (iii) improving <strong>and</strong> strengthening thesupervision <strong>and</strong> inspection of commercial banks <strong>and</strong>creating a “level playing field”; <strong>and</strong> (iv) establishing assetsmanagement corporations as a tool <strong>for</strong> resolvingnon-per<strong>for</strong>ming loans. As part of the restructuring program,since 2005, two State-owned commercial banks(Bank <strong>for</strong> Foreign Trade of <strong>Viet</strong>nam - <strong>Viet</strong>combank <strong>and</strong>Mekong Housing Bank) have been in the process of equitisationon a pilot basis. It is planned that after the pilotimplementation, all other State-owned commercialbanks will be equitised in the coming years.New monetary instruments have been introduced,such as repurchasing agreements (“Repos”), discount-<strong>Viet</strong> <strong>Nam</strong> - A <strong>Guide</strong> <strong>for</strong> <strong>Business</strong> <strong>and</strong> <strong>Investment</strong> 41PART III. BUSINESS AND FOREIGN INVESTMENT ENVIRONMENT

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