Is bancassurance banned from 01/7/2024 in Vietnam?

Is bancassurance banned from 01/7/2024 in Vietnam?

In Article 15 of the Law on Credit Institutions 2024, there is a regulation on prohibition of purchasing of optional insurance as follows:

Prohibited acts

1. Credit institutions and foreign bank branches conducting banking activities and other business activities in addition to the activities stated in the License issued by the State Bank to credit institutions and foreign bank branches.

2. Organizations and individuals other than credit institutions or foreign bank branches performing banking activities, except for margin transactions and securities resale transactions of securities companies.

3. Organizations and individuals illegally intervening in banking activities and other business activities of credit institutions and foreign bank branches.

4. Credit institutions and foreign bank branches that practice anti-competitive practices or unfair competition practices that risk causing damage or harm to the implementation of national monetary policy, safety of the credit institution system, interests of the State, legitimate rights and interests of organizations and individuals.

5. Credit institutions, foreign bank branches, managers, executives, and employees of credit institutions and foreign bank branches associate the sale of optional insurance products with the provision of banking products and services in all forms.

Thus, previously the 2010 Law on Credit Institutions did not mention the prohibition on credit institutions selling optional insurance products when lending in Vietnam.

However, the Law on Credit Institutions 2024 (effective from July 1, 2024) has added a new regulation prohibiting banks from linking the sale of optional insurance products with the supply of products, Banking services in all forms in Vietnam.

In short, from July 1, 2024, banks are not allowed to pressure borrowers into buying insurance in Vietnam.

Is bancassurance banned from 01/7/2024 in Vietnam? (Image from the Internet)

What are conditions for a credit institution to be granted a License in Vietnam?

Article 29 of the Law on Credit Institutions 2024 stipulates conditions for credit institutions to be granted licenses as follows:

- Have a minimum charter capital equal to the legal capital;

- The owner of the credit institution is a single-member limited liability company, the founding shareholders and members are legal entities that are legally operating and have sufficient financial capacity to contribute capital; Founding shareholders and members are individuals with full civil capacity and commitment to have sufficient financial capacity to contribute capital;

- Managers, executives, and members of the Supervisory Board must meet the standards and conditions specified in Article 41 of the Law on Credit Institutions 2024.

- The Charter is consistent with the provisions of this Law and other relevant laws.

- Establishment plan, feasible business plan, ensuring not to affect the safety and stability of the credit institution system, not creating a monopoly or restricting competition or unfair competition strong in the credit institution system.

How many days is a license for establishment and operation of a credit institution issued in Vietnam?

Article 31 of the Law on Credit Institutions 2024 stipulates the license issuance term as follows:

License issuance term

1. Within 180 days from the date of receipt of complete and valid documents, the State Bank shall issue a License or refuse to issue a License for establishment and operation of a credit institution or a License to establish a foreign bank branch. 

2. Within 60 days from the date of receipt of complete and valid documents, the State Bank shall grant or refuse to grant the License to establish a foreign representative office.

3. In case of refusal to issue a License, the State Bank must notify in writing and clearly state the reason.

Thus, the License for establishment and operation of a credit institution in Vietnam will be issued within 180 days from the date of receipt of complete and valid documents. The issuance of the License will be carried out by the State Bank.

Note: the Law on Credit Institutions 2024 takes effect from July 1, 2024. Particularly, Clause 3, Article 200 and Clause 15, Article 210 of the Law on Credit Institutions 2024 will take effect from January 1, 2025 in Vietnam.

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