DECREE NO. 280/2026/ND-CP REGULATING THE ORGANIZATION, OPERATIONS AND MANAGEMENT, STATE CAPITAL INVESTMENT, SUPERVISION, AND ASSESSMENT OF THE EFFECTIVENESS OF INVESTMENTS AT VIETNAM DEPOSIT INSURANCE CORPORATION

 

DECREE

REGULATIONS ON THE ORGANIZATION, OPERATIONS, MANAGEMENT, STATE CAPITAL INVESTMENT, SUPERVISION, AND ASSESSMENT OF THE EFFECTIVENESS OF INVESTMENTS AT VIETNAM DEPOSIT INSURANCE

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Deposit Insurance No. 111/2025/QH15;

Pursuant to the Law on State Capital Management and Investment at Enterprises No. 68/2025/QH15;

At the proposal of the Governor of the State Bank of Vietnam;

The Government promulgates this Decree to provide detailed regulations on the organization, operations, management, state capital investment, supervision, and assessment of the effectiveness of investments at Vietnam Deposit Insurance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) This Decree provides detailed regulations for Clause 5 Article 27, Clause 1 Article 28, Point b Clause 2 Article 31, and Clause 3 Article 31 of the Law on Deposit Insurance;

b) Vietnam Deposit Insurance implements salary, remuneration, and bonus systems according to the Government's regulations on salary, remuneration, and bonuses for direct representatives of state ownership, representatives of state capital, and Supervisors in state-owned enterprises.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Vietnam Deposit Insurance;

b) State management agencies; the agency representing the owner is the State Bank of Vietnam; the direct representative of the owner at Vietnam Deposit Insurance is the Chairman and other members of the Board of Directors of Vietnam Deposit Insurance;

c) Other organizations and individuals related to the implementation of this Decree.

Article 2. Name, headquarters, branch offices, representative offices, and other subordinate units of Vietnam Deposit Insurance

1. Name

a) In Vietnamese: Vietnam Deposit Insurance.

b) International trade name: Deposit Insurance of Vietnam;

c) Abbreviation: DIV;

d) The name, logo, and website information of Vietnam Deposit Insurance are registered with competent authorities and protected by law.

2. Vietnam Deposit Insurance has its headquarters in Hanoi; it has branches in some provinces and centrally-administered cities; representative offices and other subordinate units (if any).

Article 3. Legal status, legal personality, and legal representative

1. Vietnam Deposit Insurance is a deposit insurance organization as stipulated in the Law on Deposit Insurance, operating under a single-member limited liability company model where the state holds 100% of the charter capital.

2. Vietnam Deposit Insurance has legal personality, charter capital, seals, and bank accounts as prescribed by law.

3. The legal representative of Vietnam Deposit Insurance is the Chairman of the Board of Directors.

In the absence of a Chairman of the Board of Directors, the General Director acts as the legal representative of Vietnam Deposit Insurance until the Chairman of the Board of Directors is appointed.

The legal representative of Vietnam Deposit Insurance may authorize another person in writing as prescribed by law.

Article 4. Rights and Obligations of Vietnam Deposit Insurance

1. Rights and obligations as prescribed in Article 14 of the Law on Deposit Insurance.

2. Providing information to the State Bank of Vietnam (hereinafter referred to as the State Bank) and accessing information from the State Bank as prescribed by the Governor of the State Bank.

3. Fulfilling commitments to participating organizations and other commitments within the responsibility of Vietnam Deposit Insurance.

4. Modernizing technology and management methods in accordance with the development requirements of Vietnam Deposit Insurance.

5. Fulfilling obligations towards employees as prescribed by law; recruiting, hiring, arranging, utilizing, training human resources, paying salaries, and bonuses as prescribed by law.

6. Receiving, managing, and using the designated operational capital as prescribed in Article 28 of the Law on Deposit Insurance for its intended purpose.

7. Transferring, leasing, mortgaging, or pledging assets under its management as prescribed by law.

8. Selling unexpired securities and withdrawing unexpired deposits based on ensuring the principle of capital preservation in investment activities.

9. Developing and submitting to the State Bank for consideration and decision-making plans to increase deposit insurance premiums to offset special loans from the State Bank as prescribed in Clause 3 Article 19 of the Law on Deposit Insurance.

10. Cooperating with domestic and foreign organizations to enhance the operational capacity of Vietnam Deposit Insurance and participating organizations.

11. Performing other tasks and powers assigned by competent authorities or the Governor of the State Bank as prescribed by law.

Chapter II

THE MANAGEMENT ORGANIZATIONAL STRUCTURE OF VIETNAM DEPOSIT INSURANCE

Section 1. BOARD OF MANAGEMENT

Article 5. Board of Management

1. The Board of Management fulfills the function of comprehensive management and is responsible for the operations of the Vietnam Deposit Insurance Corporation in accordance with the Law on Deposit Insurance and related laws.

2. The Board of Management has full authority to act on behalf of the Vietnam Deposit Insurance Corporation to exercise the rights and obligations of the Vietnam Deposit Insurance Corporation.

3. The Board of Management consists of a maximum of seven members working on a full-time basis; the Chairman and other members of the Board of Management are appointed by the Governor of the State Bank of Vietnam, including one member of the Board of Management who is the General Director.

4. The term of office of a Board of Management member is five years and may be reappointed. A Board of Management member shall be replaced or relieved of duty according to the provisions of Clause 5 of this Article.

5. A Board of Management member shall be replaced or relieved of duty in the following cases:

a) When there is a decision to retire, transfer, or assign to another position;

b) Resign if there is a valid reason;

c) Lack the capacity or qualifications to perform the job;

d) Lack health or reputation to hold the position of Board of Management member;

đ) Be dishonest in exercising rights and duties or abuse their position to benefit themselves or others, or use the assets of the Vietnam Deposit Insurance Corporation for personal gain or the benefit of organizations or individuals; report financial status and operational results of the Vietnam Deposit Insurance Corporation inaccurately;

e) Be convicted by a court and the judgment or decision of the court has become legally binding.

6. The Board of Management has a support staff including:

a) The Board Secretariat, Risk Management Department;

b) Other departments established by the Board of Management;

c) The organizational structure, rules of operation, functions, and responsibilities of the support staff are regulated by the Board of Management in compliance with the law.

Article 6. Duties and Powers of the Board of Management

1. Develop the strategy for deposit insurance development to be submitted to the Governor of the State Bank of Vietnam for submission to the Prime Minister for approval and implementation.

2. Issue the Rules of Operation of the Board of Management (including the working system of the Board of Management); internal audit department rules of operation; financial rules; investment rules; risk management rules during investment activities; rules for managing and using funds established from revenue surplus in accordance with the law; internal governance rules and other internal rules of the Vietnam Deposit Insurance Corporation.

3. Organize supervision and evaluation of the operations of the Vietnam Deposit Insurance Corporation, including:

a) Inspect, supervise, and direct the General Director in performing assigned tasks;

b) Review, evaluate, and classify annually positions under the Board of Management's jurisdiction;

c) Organize supervision or delegate supervision for positions under the Board of Management's jurisdiction;

d) Inspect and supervise other activities of the Vietnam Deposit Insurance Corporation as prescribed by law.

4. The Board of Management has the right to request the internal audit department to conduct inspections and supervision of matters within the Board of Management's responsibility as stipulated in Clause 3 of this Article.

5. Approve the payment plan for deposit insurance at participating organizations when the obligation to pay deposit insurance arises as provided for in Article 21 of the Law on Deposit Insurance.

6. Approve the annual activity plan; business plan; annual financial plan; annual investment plan; six-month investment plan of the Vietnam Deposit Insurance Corporation in accordance with the Governor of the State Bank of Vietnam's guidelines on certain aspects of deposit insurance operations; other plans within its authority.

7. Decide or delegate decisions on purchasing, leasing, selling fixed assets within the Board of Management's authority; submit to the State Bank of Vietnam for approval of purchases, leases, sales of fixed assets exceeding the authority as prescribed by law on state capital management and investment in enterprises where the state holds 100% of the charter capital.

8. Approve cooperation plans with domestic and foreign organizations.

9. Propose the State Bank of Vietnam to decide on the organizational structure of the Vietnam Deposit Insurance Corporation.

10. Decide staffing for units of the Vietnam Deposit Insurance Corporation based on the organizational structure of the Vietnam Deposit Insurance Corporation decided by the State Bank of Vietnam; decide on the establishment and define the functions and responsibilities of the Board of Management support staff, departments at headquarters, branches, representative offices, and other subordinate units (if any) of the Vietnam Deposit Insurance Corporation; decide or delegate appointments, reappointments, dismissals, removals, resignations, rewards, and disciplinary actions for managerial and executive positions of the Vietnam Deposit Insurance Corporation, except for positions specified in Clause 11 of this Article. The personnel procedures in this clause are carried out in accordance with the regulations of the competent authority and the Board of Management.

11. Propose the Governor of the State Bank of Vietnam to appoint, reappoint, relieve of duty, allow resignation, reward, discipline, terminate employment, and retire the Chairman of the Board of Management, other members of the Board of Management, General Director, Deputy General Director, Inspector, Chief Accountant of the Vietnam Deposit Insurance Corporation.

12. Direct the execution of the rights and obligations of the Vietnam Deposit Insurance Corporation as prescribed in Article 4 of this Decree.

13. Approve financial reports; activity reports; financial supervision reports; effectiveness assessment and annual classification reports of the Vietnam Deposit Insurance Corporation as prescribed by law.

14. Accept capital and other resources allocated by the state to the Vietnam Deposit Insurance Corporation.

15. Perform other duties and powers as prescribed by law, the State Bank of Vietnam, and internal rules of the Vietnam Deposit Insurance Corporation.

Article 7. Duties and Authorities of the Chairman of the Board of Directors

1. Organize and direct the implementation of the duties and authorities of the Board of Directors as stipulated in Article 6 of this Decree and other relevant laws.

2. Represent the Vietnam Deposit Insurance Corporation in domestic and international relations, litigation, and disputes of the Vietnam Deposit Insurance Corporation.

3. On behalf of the Board of Directors, sign to receive capital and other resources allocated by the State to the Vietnam Deposit Insurance Corporation.

4. Develop the annual program and plan of activities of the Board of Directors for approval by the Board of Directors and organize its implementation. Develop the agenda, program, convene and chair meetings of the Board of Directors. Organize voting or soliciting opinions from members on resolutions and decisions of the Board of Directors. Organize the implementation, monitoring, inspection, and supervision of the execution of resolutions and decisions of the Board of Directors.

5. Assign specific tasks, supervise, and evaluate the performance of Board of Directors members.

6. Decide on the program, content, composition, location, chairing, and conclusion or delegation of chairing and concluding of meetings for mid-term and final reviews, joint evaluations of the operational situation of the Vietnam Deposit Insurance Corporation according to the operational regulations of the Board of Directors.

7. Decide on dispatching Board of Directors members, Supervisors, General Managers, Deputy General Managers, Chief Accountants, and other positions within the Board of Directors' appointment authority for work, study, and survey trips both domestically and internationally.

8. Decide on selection, replacement, commendation, and disciplinary action for employees of the Board of Directors' support staff.

9. Make and bear responsibility for decisions within the scope of authority of the legal representative.

10. On behalf of the Board of Directors:

a) Sign reports and documents within the Board of Directors' authority to submit or send to competent state agencies and related agencies;

b) Sign resolutions, decisions, and documents issued by the Board of Directors for implementation within the Vietnam Deposit Insurance System.

11. Organize supervision, directly monitor, and evaluate the results of implementing the deposit insurance development strategy and the management and operation results of the General Manager.

12. Perform other duties and authorities as prescribed by law and internal regulations of the Vietnam Deposit Insurance Corporation.

Article 8. Duties and Authorities of Board of Directors Members

1. Fulfill the rights and responsibilities of the direct owner's representative at the Vietnam Deposit Insurance Corporation as stipulated in this Decree; manage the operations of the Vietnam Deposit Insurance Corporation together with other Board of Directors members in accordance with the law.

2. Fulfill the rights and obligations of Board of Directors members according to the operational regulations of the Board of Directors and the assignment of the Chairman of the Board of Directors.

3. Propose content, supervise the organization of implementation, and bear responsibility for assigned tasks and areas.

4. Request the Chairman of the Board of Directors to convene extraordinary meetings of the Board of Directors according to the working regime of the Board of Directors.

5. Attend Board of Directors meetings, discuss and vote on issues within the Board of Directors' duties and authorities. Have the right to reserve opinions and make recommendations to the owner's representative agency. Bear individual responsibility under the law and before the Board of Directors for their decisions.

6. Other rights and obligations as prescribed by law and internal regulations of the Vietnam Deposit Insurance Corporation.

Section 2. SUPERVISORY BOARD

Article 9. Supervisory Board

1. The Supervisory Board monitors and evaluates compliance with laws and regulations; internal rules, resolutions, decisions, and other directives of the Board of Directors and the State Bank of Vietnam regarding the Deposit Insurance Corporation of Vietnam.

2. The Supervisory Board consists of a maximum of three Supervisors, appointed on a full-time basis by the Governor of the State Bank of Vietnam, including one Supervisor serving as the Chairperson of the Supervisory Board.

3. The term of office for members of the Supervisory Board is five years and may be renewed. Members of the Supervisory Board may be replaced or relieved of their duties under the circumstances specified in Clause 5, Article 5 of this Decree.

4. The Supervisory Board may utilize resources of the Deposit Insurance Corporation of Vietnam, hire external experts and organizations to perform its tasks.

5. The Supervisory Board operates according to the operational regulations of the Supervisory Board and Supervisors issued by the State Bank of Vietnam.

Article 10. Duties and Authorities of the Supervisory Board

1. Propose the State Bank of Vietnam to issue operational regulations for the Supervisory Board and Supervisors of the Deposit Insurance Corporation of Vietnam; propose the Board of Directors to issue, amend, and supplement operational regulations for the internal audit department; issue, amend, and supplement internal audit procedures.

2. Develop the annual work plan, submit it to the State Bank of Vietnam for approval and issuance in the first quarter; implement the approved annual work plan.

3. Provide opinions on the development strategy, annual activity plans, distribution of revenue and expenditure differences, and other management and utilization matters concerning capital at the Deposit Insurance Corporation of Vietnam, ensuring transparency, efficient use of capital and assets, avoiding waste of resources, and being appropriate to the scale and operational situation of the Deposit Insurance Corporation of Vietnam.

4. Monitor and evaluate the performance of the Board of Directors and General Director of the Deposit Insurance Corporation of Vietnam in managing and operating the Deposit Insurance Corporation of Vietnam, including at least:

a) Implementation of annual goals and tasks and the deposit insurance development strategy;

b) Preservation of state capital at the Deposit Insurance Corporation of Vietnam;

c) Execution of investment activities and projects with a value greater than 30% of the corporation's equity or higher than the level of Group B projects as defined in the Law on Public Investment; contracts and transactions involving purchases and sales, trading operations with a value greater than 10% of the corporation's equity or as required by the State Bank of Vietnam;

d) Implementation of financial systems;

đ) Implementation of salary, remuneration, and bonus systems.

5. Monitor and evaluate the effectiveness and compliance with internal audit department operational regulations, risk management regulations in investment activities, and other internal regulations of the Deposit Insurance Corporation of Vietnam.

6. Monitor contracts and transactions of the Deposit Insurance Corporation of Vietnam with related parties as stipulated in Clause 1, Article 86 of the Enterprise Law.

7. Prepare and submit evaluation reports and recommendations on the contents prescribed in Clauses 4, 5, and 6 of this Article to the State Bank of Vietnam and the Board of Directors.

8. Review financial statements, operational results, assess management work, and other reports.

9. Request the Deposit Insurance Corporation of Vietnam to provide documents and materials for research and review to fulfill assigned tasks as regulated.

10. Receive comprehensive information, documents, and reports on matters within the decision-making authority of the Board of Directors or the Chairman of the Board of Directors, General Director related to the operation of the Deposit Insurance Corporation of Vietnam and perform other tasks assigned by the State Bank of Vietnam.

11. Attend briefing meetings, Board of Directors meetings, specialized meetings relevant to the execution of the Supervisory Board’s tasks at the Deposit Insurance Corporation of Vietnam. Supervisors attending meetings have the right to speak but not to vote, except as provided in Clause 1, Article 86 of the Enterprise Law.

12. Use the seal of the Deposit Insurance Corporation of Vietnam for documents, files, and materials within the scope of the Supervisory Board’s functions, tasks, and authorities. The Deposit Insurance Corporation of Vietnam shall cooperate with the Supervisory Board to establish a seal usage regulation consistent with legal provisions.

13. In necessary cases, have the right to seek advice from experts and specialized organizations to serve the work of the Supervisory Board.

14. Implement periodic or ad hoc reports as requested by the State Bank of Vietnam on the situation, results of operations, financial issues of the Deposit Insurance Corporation of Vietnam, and the execution of assigned tasks.

15. Proactively report and make timely recommendations to the State Bank of Vietnam about unusual activities contrary to the law and regulations of the State Bank of Vietnam; bear responsibility before the State Bank of Vietnam and the law for intentionally overlooking or covering up violations.

16. Other duties and authorities as prescribed in the operational regulations of the Supervisory Board and Supervisors.

Article 11. Duties and Authorities of the Chairperson of the Supervisory Board

1. Direct and organize the implementation of the duties and authorities of the Supervisory Board as prescribed in this Decree and relevant laws; bear responsibility for the exercise of their rights and duties.

2. Convene and chair meetings of the Supervisory Board.

3. Represent the Supervisory Board to sign documents within the Board's authority.

4. Prepare work plans and assign tasks to Supervisors according to the operational regulations of the Supervisory Board and Supervisors.

5. Ensure that Supervisors receive full, objective, accurate information and have sufficient time to discuss issues that the Supervisory Board must consider.

6. Supervise and direct Supervisors in performing assigned tasks and the rights and obligations of the Supervisory Board.

7. Be authorized in writing to delegate another member of the Supervisory Board to perform the duties and authorities of the Chairperson of the Supervisory Board in cases of legitimate absence.

8. Propose the Board of Directors to convene extraordinary meetings according to the working regime of the Board of Directors.

9. Perform other duties and authorities as prescribed in this Decree and the operational regulations of the Supervisory Board and Supervisors.

Article 12. Duties and Authorities of Supervisors

1. Comply with the provisions of this Decree and relevant laws in exercising assigned rights and duties. Supervisors bear responsibility for the exercise of their rights and duties.

2. Exercise assigned rights and duties honestly, carefully, and to the best of their ability to ensure the lawful interests of the Vietnam Deposit Insurance Corporation and the State Bank of Vietnam.

3. Be loyal to the interests of the Vietnam Deposit Insurance Corporation and the State Bank of Vietnam. Manage and keep confidential information in accordance with the regulations of the State Bank of Vietnam and the Vietnam Deposit Insurance Corporation. Do not abuse granted powers to obstruct the operations of the Vietnam Deposit Insurance Corporation. Do not use information, secrets of the Vietnam Deposit Insurance Corporation; do not misuse positions, posts, and assets of the Vietnam Deposit Insurance Corporation for personal gain or to serve the interests of other organizations or individuals.

4. Request the Chairperson of the Supervisory Board to convene extraordinary meetings of the Supervisory Board according to its working regime.

5. Receive training in supervisory skills.

6. Supervise activities, audit accounting books, assets, financial reports of the Vietnam Deposit Insurance Corporation, and recommend corrective measures for any violations (if any).

7. Have the right to request the Vietnam Deposit Insurance Corporation to provide data and explain activities to fulfill assigned tasks.

8. Report to the Chairperson of the Supervisory Board on unusual financial activities and bear individual responsibility for their assessments and conclusions.

9. Attend meetings of the Supervisory Board, discuss and vote on issues within the Board's duties and authorities.

10. Fulfill other duties and authorities as prescribed in this Decree and relevant laws.

Article 13. Operational Regulations of the Supervisory Board and Supervisors

1. The operational regulations of the Supervisory Board and Supervisors shall be issued by the Governor of the State Bank of Vietnam.

2. The operational regulations of the Supervisory Board and Supervisors include the following contents:

a) Scope and content of the exercise of assigned rights, obligations, and duties of the Supervisory Board and Supervisors;

b) Coordination mechanisms; rights, obligations, and responsibilities of the Vietnam Deposit Insurance Corporation, Chairman, and members of the Board of Directors of the Vietnam Deposit Insurance Corporation towards the activities of the Supervisory Board and Supervisors;

c) Coordination mechanisms, reporting, and seeking opinions between the State Bank of Vietnam and the Supervisory Board and Supervisors in exercising assigned rights and obligations;

d) Coordination mechanisms between the Supervisory Board and Supervisors and the Vietnam Deposit Insurance Corporation, Chairman, and members of the Board of Directors of the Vietnam Deposit Insurance Corporation and the State Bank of Vietnam in fulfilling the rights, responsibilities, and obligations of the Supervisory Board and Supervisors towards the Vietnam Deposit Insurance Corporation;

đ) Mechanism for evaluating the exercise of rights, obligations, and duties of the Chairperson of the Supervisory Board and Supervisors;

e) Salary, remuneration, bonuses, working conditions, cost standards, and operating expenses of the Supervisory Board and Supervisors according to relevant laws and internal regulations of the Vietnam Deposit Insurance Corporation;

g) Working regime of the Supervisory Board;

h) Other contents as decided by the State Bank of Vietnam.

Article 14. Internal Audit Department

1. The internal audit department of the Vietnam Deposit Insurance Corporation belongs to the Supervisory Board and carries out internal audits of the Vietnam Deposit Insurance Corporation.

2. The internal audit department conducts independent and objective reviews and assessments regarding the appropriateness and compliance with mechanisms, policies, procedures, and internal regulations of the Vietnam Deposit Insurance Corporation; provides recommendations to enhance the effectiveness of systems, procedures, and regulations, contributing to ensuring that the Vietnam Deposit Insurance Corporation operates safely, efficiently, and in accordance with the law.

3. The results of internal audits must be reported to the Supervisory Board and sent to the Board of Directors and General Director of the Vietnam Deposit Insurance Corporation.

Section 3. GENERAL DIRECTOR AND ASSISTANT ORGANIZATION

Article 15. General Director and Assistant Organization

1. The General Director manages the daily operations of the Vietnam Deposit Insurance Corporation and is responsible before the Board of Directors and the law for performing the duties and powers of the General Director.

2. Deputy General Directors assist the General Director in managing one or more areas of operation of the Vietnam Deposit Insurance Corporation according to the assignment of the General Director and are responsible before the General Director, the Board of Directors, and the law for performing the assigned duties and powers.

3. The assistant organization includes the Office and specialized departments of the Vietnam Deposit Insurance Corporation, which have the function of advising and assisting the General Director in management and operation.

Article 16. Duties and Powers of the General Director

1. Manage, use, and preserve capital when conducting investment activities except for certain objective and irresistible reasons affecting capital and income as stipulated in the Law on Deposit Insurance and financial regulations applicable to the Vietnam Deposit Insurance Corporation.

2. Develop annual operational plans; business plans; annual financial plans; annual investment plans, six-month investment proposals of the Vietnam Deposit Insurance Corporation in accordance with the guidelines of the State Bank Governor on some contents related to deposit insurance operations; other plans within the authority to submit to the Board of Directors for approval and implementation after approval and evaluation of the results.

3. Develop payment plans for insurance money at participating organizations when insurance payment obligations arise as stipulated in Article 21 of the Law on Deposit Insurance, submit to the Board of Directors for approval and implement after approval.

4. Direct daily operations of the Vietnam Deposit Insurance Corporation according to plans, resolutions, decisions, and directives of the Board of Directors; report to the Board of Directors and competent state agencies on the results of operations of the Vietnam Deposit Insurance Corporation as prescribed by the Board of Directors.

5. Develop and submit to the Board of Directors for approval labor regulations, salary, remuneration, bonuses in accordance with the provisions of the law.

6. Submit to the Board of Directors for approval the organizational structure and number of employees of Branches, Representative Offices, departments at headquarters, and other subordinate units (if any), implement after approval.

7. Establish and maintain an internal control system.

8. Prepare and be responsible for the accuracy of Financial Reports.

9. Issue, within the authority, guiding documents on procedures and operational processes to manage the system.

10. Appoint, reappoint, relieve from duty, reward, and discipline positions within the Vietnam Deposit Insurance Corporation except those positions under the authority of the Board of Directors as stipulated in this Decree and internal regulations issued by the Board of Directors.

11. Represent the Vietnam Deposit Insurance Corporation to sign employment contracts and other contracts authorized by the legal representative.

12. Assign tasks to Deputy General Directors in writing.

13. Provide all required documents to the Board of Directors and the Supervisory Board; prepare documents for Board of Directors meetings.

14. Be subject to inspection and supervision by the Board of Directors, the Supervisory Board, and competent state agencies regarding the performance of the General Director's management duties.

15. Perform other duties and powers as prescribed by law and the Board of Directors in accordance with the internal regulations of the Vietnam Deposit Insurance Corporation.

Section 4. BRANCHES, REPRESENTATIVE OFFICES, SUBSIDIARY UNITS

Article 17. Branches, representative offices, subsidiary units

1. Branches, representative offices, other subsidiary units (if any) are dependent units of the Vietnam Deposit Insurance Corporation. The functions, tasks, and authorities of branches, representative offices, and other subsidiary units shall be stipulated by the Board of Directors.

2. Branches, representative offices, other subsidiary units (if any) are accounting-dependent units, having seals, and are allowed to open bank accounts in accordance with the provisions of the law.

Chapter III

DEPOSIT INSURANCE ACTIVITIES

Article 18. Contents of activities of the Vietnam Deposit Insurance Corporation

1. Issuing, reissuing, recovering, temporarily recovering certificates of participation in deposit insurance.

2. Calculating and collecting deposit insurance premiums from participating organizations in accordance with the provisions of the Law on Deposit Insurance.

3. Paying insurance money or authorizing another participating organization to pay insurance money to insured depositors in accordance with the provisions of the Law on Deposit Insurance and other relevant laws.

4. Monitoring and inspecting compliance with legal regulations on deposit insurance by participating organizations and recommending the State Bank of Vietnam to handle violations of deposit insurance legal regulations.

5. Conducting inspections of participating organizations according to plans and contents assigned by the State Bank of Vietnam.

6. Collecting, analyzing, and processing information about participating organizations to detect and recommend the State Bank of Vietnam to promptly handle violations concerning banking operation safety and risks causing instability in the credit institution system.

7. Collecting information about customer deposits at participating organizations in accordance with guidelines issued by the Governor of the State Bank of Vietnam regarding certain aspects of deposit insurance operations.

8. Accepting repayable support from the state budget pursuant to decisions of the Prime Minister or borrowing from credit institutions or other organizations guaranteed by the government when the Vietnam Deposit Insurance Corporation's capital temporarily lacks funds for insurance payments; accepting financial assistance from domestic and foreign organizations and individuals to enhance operational capacity; borrowing specially from the State Bank of Vietnam in accordance with the provisions of the Law on Deposit Insurance, the Law on Credit Institutions, and other relevant laws.

9. Implementing investment activities in accordance with points a, b, and c of Clause 1, Article 29 of the Law on Deposit Insurance.

10. Participating in early intervention, special supervision, and handling of credit institutions in accordance with Clause 14, Article 14 of the Law on Deposit Insurance.

11. Participating in handling incidents and crises in the operations of credit institutions in accordance with Article 39 of the Law on Deposit Insurance.

12. Participating in managing and liquidating assets of participating organizations in accordance with laws on credit institutions and other relevant laws.

13. Carrying out propaganda work on policies, laws, and deposit insurance activities; organizing training and disseminating knowledge on deposit insurance and related matters for relevant organizations and individuals; researching and applying science, technology, and appropriate management methods in line with the development requirements of the Vietnam Deposit Insurance Corporation.

14. Performing other activities as prescribed by law.

Article 19. Delegation to Pay Insurance Money

1. The Vietnam Deposit Insurance Corporation is authorized to delegate organizations participating in deposit insurance to pay the amount of insurance money to the insured depositors. The delegation must be carried out through a power of attorney contract for payment of insurance money in accordance with the provisions of the law.

2. The contents of the power of attorney contract must clearly state the responsibilities of the deposit insurance participating organization in paying the insurance money on time, in the correct amount, and to the correct recipients.

3. Organizations participating in deposit insurance that are authorized by the Vietnam Deposit Insurance Corporation to pay insurance money must meet the following conditions:

a) Operating profitably according to audited financial reports for at least two consecutive years prior to the authorization date.

b) Having a network located in suitable locations for the payment of insurance money.

Article 20. Receiving Insurance Money

1. When receiving insurance money, the insured depositor must present the following documents and data:

a) Identity card, citizen identification card, passport, or electronic identity information of the individual obtained from the National Population Database in accordance with the law;

b) Documents proving ownership of the insured deposits such as savings certificates, passbooks, deposit certificates, or other documents and data proving legitimate ownership of the insured deposits.

2. In cases where the deposit insurance participating organization authorizes the payment of insurance money via electronic means, the recipient of the insurance money must provide complete and accurate data proving legitimate ownership of the insured deposits through electronic means and receive the insurance money via electronic means in accordance with the instructions of the deposit insurance participating organization.

3. In cases where the recipient of the insurance money is an authorized person, a lawful heir, or a legal representative of the insured depositor, in addition to the documents and data specified in Clause 1 and 2 of this Article, they must also provide a power of attorney document, a confirmation of lawful inheritance rights, or a document proving the current legal representative status in accordance with the law.

Article 21. Financial Support for the Vietnam Deposit Insurance Corporation in Cases Where Its Capital Is Insufficient to Pay Insurance Money

1. In cases where the capital of the Vietnam Deposit Insurance Corporation temporarily does not suffice to pay insurance money, the Vietnam Deposit Insurance Corporation may receive support on a repayable basis from the State budget pursuant to a decision of the Prime Minister, or borrow from credit institutions or other organizations guaranteed by the Government.

2. Application documents for support on a repayable basis from the State budget pursuant to a decision of the Prime Minister:

The Vietnam Deposit Insurance Corporation sends one set of application documents including the following materials to the State Bank:

a) A request for State budget support signed by an authorized representative of the Vietnam Deposit Insurance Corporation, specifying the amount of support required from the State budget, the duration of the support, and other necessary details;

b) A plan for paying insurance money to the insured depositors;

c) A repayment plan for the State budget support capital, including sources of funds, repayment period, and interest rate (if applicable);

d) Other related documents (if any).

3. Procedures and formalities for support on a repayable basis from the State budget pursuant to a decision of the Prime Minister:

a) The Vietnam Deposit Insurance Corporation prepares the application documents as stipulated in Clause 2 of this Article and submits them to the State Bank;

b) Within fifteen working days from the date of receipt of the complete and valid application documents from the Vietnam Deposit Insurance Corporation, the State Bank reviews the documents and issues a letter seeking comments from the Ministry of Finance;

c) Within fifteen working days from the date of receipt of the request from the State Bank, the Ministry of Finance provides its comments to the State Bank;

d) Based on the comments from the Ministry of Finance, the State Bank presents a proposal to the Prime Minister for a decision on providing support on a repayable basis from the State budget to the Vietnam Deposit Insurance Corporation.

4. The issuance of government guarantees for loans taken by credit institutions or other organizations by the Vietnam Deposit Insurance Corporation shall be carried out in accordance with the Government's regulations on the issuance and management of government guarantees.

Chapter IV

MANAGEMENT AND INVESTMENT OF STATE CAPITAL AT THE VIETNAM DEPOSIT INSURANCE CORPORATION

Article 22. Sources of capital and assets for state capital injection into the Vietnam Deposit Insurance Corporation

The sources of capital and assets for the state to invest capital into the Vietnam Deposit Insurance Corporation include:

1. State budget.

2. Public property resulting from the implementation process of projects using state capital that have identified beneficiaries and are calculated as part of state capital at the Vietnam Deposit Insurance Corporation according to the provisions of laws on the management and use of public property.

3. Development investment fund.

4. Other lawful sources of capital including:

a) Additional surplus arising from revaluation of assets for the purpose of increasing state capital at the Vietnam Deposit Insurance Corporation pursuant to the Prime Minister's decision;

b) Non-repayable official development assistance capital decided by competent authorities to be used for state capital investment in the Vietnam Deposit Insurance Corporation;

c) Public investment capital under laws on public investment decided by competent authorities to be used for state capital investment in the Vietnam Deposit Insurance Corporation;

d) Various support funds from the state to increase state capital at the Vietnam Deposit Insurance Corporation or to invest and implement projects and tasks as prescribed by law or pursuant to the decision of competent authorities;

đ) Other sources of capital and assets decided by competent authorities to be used for state capital investment in the Vietnam Deposit Insurance Corporation.

Article 23. Cases of state capital investment to supplement charter capital for the Vietnam Deposit Insurance Corporation

1. The Vietnam Deposit Insurance Corporation has a need to supplement charter capital for its operations and has achieved a classification result of level B or higher for two consecutive years prior to the year of proposed supplementary charter capital investment, as announced by the State Bank of Vietnam.

2. The provision in Clause 1 of this Article does not apply to cases of supplementary charter capital from sources specified in Clause 2 of Article 22 of this Decree.

Article 24. Authority for state capital investment to supplement charter capital for the Vietnam Deposit Insurance Corporation

1. The Prime Minister:

a) Decide on capital investment to supplement charter capital for the Vietnam Deposit Insurance Corporation after the National Assembly decides on the policy of state capital investment into the Vietnam Deposit Insurance Corporation from the state budget with a value equivalent to a national key project as prescribed by laws on public investment;

b) Decide on the policy regarding the amount of capital investment to supplement charter capital for the Vietnam Deposit Insurance Corporation from the state budget with a value of 50,000 billion VND or more, except in the case stipulated in point a of this clause.

2. The State Bank of Vietnam:

a) Invests to supplement charter capital for the Vietnam Deposit Insurance Corporation from the state budget according to laws on state budget after the Prime Minister decides on the policy of investment as stipulated in point b of Clause 1 of this Article;

b) Other investment cases to supplement capital, except those stipulated in Clause 1 and Clause 3 of this Article.

3. The Board of Directors decides on investment to supplement charter capital for the Vietnam Deposit Insurance Corporation in one of the following cases:

a) Supplementing charter capital from the Development Investment Fund;

b) Supplementing charter capital from public property resulting from the implementation process of projects using state capital that have identified beneficiaries and are calculated as part of state capital at the Vietnam Deposit Insurance Corporation according to the provisions of laws on the management and use of public property;

c) Supplementing charter capital from additional surplus arising from revaluation of assets for the purpose of increasing state capital at the Vietnam Deposit Insurance Corporation pursuant to the Prime Minister's decision.

Article 25. Documents, procedures, and processes for state capital investment to supplement charter capital for the Vietnam Deposit Insurance Corporation

1. Documents requesting to supplement charter capital for the Vietnam Deposit Insurance Corporation:

a) The investment plan to supplement minimum charter capital shall include the following contents: Legal basis, objectives, necessity of supplementing charter capital; general information, current financial status and operational results in the two most recent years prior to the year of developing the plan; the amount of additional charter capital determined based on the required charter capital to be supplemented and sources of supplementary charter capital; expected economic efficiency, social benefits, or degree of fulfillment of assigned political tasks by competent authorities; assessment of the appropriateness of supplementary capital investment with the development strategy and plans of the Vietnam Deposit Insurance Corporation;

b) Relevant documents related to determining the need for supplementary charter capital.

2. The need for supplementary charter capital is determined based on:

a) The level of investment from projects of the Vietnam Deposit Insurance Corporation approved by competent authorities or decisions on investment policies, project investment plans already approved corresponding to the state budget capital, Development Fund, and other lawful sources recorded in the investment projects of the Vietnam Deposit Insurance Corporation approved by competent authorities for investment policy or investment decisions, project investment plans already approved but not yet increased in charter capital (if any);

b) The value of state assets transferred to the Vietnam Deposit Insurance Corporation in the form of state capital components at the Vietnam Deposit Insurance Corporation (if any);

c) The need for supplementary capital to meet requirements for performing assigned tasks;

d) Supplementary capital requirements as prescribed by law, according to the Vietnam Deposit Insurance Corporation's Development Strategy, and annual business plans already issued;

đ) The value of state capital increase at the Vietnam Deposit Insurance Corporation from other lawful sources as stipulated in this Decree.

3. The amount of additional adjusted charter capital is determined based on the need for supplementary charter capital corresponding to the sources of capital: state budget; the value of state assets transferred to the Vietnam Deposit Insurance Corporation in the form of state capital components at the Vietnam Deposit Insurance Corporation; the difference in value due to revaluation of assets approved by the Prime Minister; the value of official development assistance capital without repayment; the value of public investment capital according to the decision of competent authorities; the value of funds received under state support policies and other support as prescribed by law; sources of the Development Fund and other lawful sources recorded in the financial statements of the year immediately preceding the year of determining the adjustment of charter capital.

4. Procedures and processes for state capital investment to supplement charter capital in cases requiring investment policy decisions:

a) The Vietnam Deposit Insurance Corporation builds the application documents to supplement charter capital according to the contents prescribed in Clause 1 of this Article and sends them to the State Bank;

b) Within fifteen working days from the date of receiving complete and valid documents from the Vietnam Deposit Insurance Corporation, the State Bank reviews the documents, examines the contents of the reports, evaluates, determines the amount of charter capital needed to be supplemented, sources of supplementary charter capital, and seeks opinions from the Ministry of Finance;

c) Within fifteen working days from the date of receiving the request from the State Bank, the Ministry of Finance provides comments within its functions and responsibilities in managing state finance regarding the investment plan to supplement charter capital proposed by the State Bank;

d) Based on the comments from the Ministry of Finance, the State Bank completes the plan to submit to the Prime Minister or report to the Government for submission to the National Assembly for approval of the charter capital supplementation policy.

The State Bank's report must clearly state the necessity of state capital investment; its alignment with the Party and State's policies on strategic breakthroughs or goals, strategies, and socio-economic development plans for each period;

đ) Based on the approved charter capital supplementation policy, the Prime Minister and the State Bank decide to provide supplementary charter capital to the Vietnam Deposit Insurance Corporation according to the authority prescribed in this Decree.

5. Procedures and processes for the State Bank's investment decision in cases not requiring establishment and proposal for approval of investment policy:

a) The Vietnam Deposit Insurance Corporation builds the application documents to supplement charter capital according to the contents prescribed in Clause 1 of this Article and sends them to the State Bank;

b) Within fifteen working days from the date of receiving complete and valid documents from the Vietnam Deposit Insurance Corporation, the State Bank reviews the contents of the reports, evaluations, determines the amount of charter capital needed to be supplemented, sources of supplementary charter capital; seeks opinions from the Ministry of Finance;

c) Within fifteen working days from the date of receiving the request from the State Bank, the Ministry of Finance provides comments within its functions and responsibilities in managing state finance regarding the investment plan to supplement charter capital proposed by the State Bank;

d) Based on the comments from the Ministry of Finance, the State Bank decides on the investment to supplement charter capital.

6. The State Bank prepares budgets, makes payments, and settles accounts for state budget funds (investment of state capital in the Vietnam Deposit Insurance Corporation) in accordance with laws on state budget and relevant laws.

7. The Board of Directors of the Vietnam Deposit Insurance Corporation directs the preparation of the plan as prescribed in point a clause 1 of this Article as the basis for deciding to invest in supplementary charter capital. The Board of Directors of the Vietnam Deposit Insurance Corporation is responsible for its own decisions.

8. Based on the approved investment plan to supplement charter capital, the Vietnam Deposit Insurance Corporation implements procedures to adjust the charter capital level according to the actual amount of supplementary capital invested in accordance with the law.

Article 26. Preservation of Capital of the Vietnam Deposit Insurance Corporation

1. The State Bank of Vietnam, the Board of Directors, and the General Director of the Vietnam Deposit Insurance Corporation shall be responsible for preserving the capital of the Vietnam Deposit Insurance Corporation within their respective duties and powers.

2. The Vietnam Deposit Insurance Corporation shall be responsible for preserving its capital when conducting investment activities, except for certain objective and irresistible factors affecting the capital and income as stipulated in the financial regime of the Vietnam Deposit Insurance Corporation. The preservation of capital shall be evaluated based on the overall effectiveness of the Vietnam Deposit Insurance Corporation. Any changes in capital at the Vietnam Deposit Insurance Corporation must be reported to the State Bank of Vietnam and the Ministry of Finance for monitoring and supervision.

3. The preservation of capital at the Vietnam Deposit Insurance Corporation shall be implemented through the following measures:

a) Adhering to the principles of managing and investing state capital at the Vietnam Deposit Insurance Corporation as prescribed in Clause 1, Article 31 of the Law on Deposit Insurance.

b) Properly implementing the management and utilization of capital and assets, distribution of revenue and expenditure differences, other financial management systems, and accounting regulations as prescribed by law.

c) Purchasing insurance for assets as prescribed by law.

d) Promptly handling the value of lost assets, non-recoverable debts, and setting aside risk provisions as prescribed by law.

đ) Other measures prescribed by law.

4. Annually, the Vietnam Deposit Insurance Corporation must evaluate the degree of capital preservation of the Vietnam Deposit Insurance Corporation using the following methods:

a) In cases where the results of operations according to the annual financial report of the Vietnam Deposit Insurance Corporation do not generate negative revenue and expenditure differences or have positive revenue and expenditure differences, it shall be determined that the Vietnam Deposit Insurance Corporation has preserved its capital.

b) In cases where the results of operations according to the annual financial report of the Vietnam Deposit Insurance Corporation generate negative revenue and expenditure differences (including cases where there are cumulative negative revenue and expenditure differences), it shall be determined that the Vietnam Deposit Insurance Corporation has not preserved its capital.

c) When evaluating the degree of capital preservation, the Vietnam Deposit Insurance Corporation may exclude certain objective and irresistible factors affecting the capital and income as prescribed in the financial regime of the Vietnam Deposit Insurance Corporation. The Vietnam Deposit Insurance Corporation must report to the State Bank of Vietnam the objective and irresistible factors excluded during the evaluation of the degree of capital preservation.

Chapter V

SUPERVISION AND EVALUATION OF THE EFFECTIVENESS OF STATE CAPITAL INVESTMENT AT THE VIETNAM DEPOSIT INSURANCE CORPORATION

Article 27. Indicators for Evaluating and Classifying the Vietnam Deposit Insurance Corporation

1. Assign indicators for evaluating the operational efficiency of the Vietnam Deposit Insurance Corporation, including:

a) Indicator 1: Total Revenue.

b) Indicator 2: Revenue and Expenditure Difference.

c) Indicator 3: Return on Equity (ROE). In cases where ROE is unavailable, assign the indicator Return on Assets (ROA).

d) Indicator 4: Compliance with laws on the management and investment of state capital at the Vietnam Deposit Insurance Corporation; regulations on financial reporting systems for implementation of financial oversight.

2. The indicators prescribed in Clause 1 of this Article shall be determined and calculated from data in annual financial reports audited by the National Audit Office, statistical reports, and other relevant documents as prescribed.

When calculating the indicators prescribed in Clause 1 of this Article, factors affecting the results shall be considered and excluded: natural disasters, fires, epidemics, wars, and other irresistible factors recognized and approved by the State Bank of Vietnam.

The Vietnam Deposit Insurance Corporation must report to the State Bank of Vietnam the factors affecting the results that are excluded when evaluating the operational efficiency of the Vietnam Deposit Insurance Corporation. The State Bank of Vietnam will classify the Vietnam Deposit Insurance Corporation based on its overall operational efficiency, considering and deciding to exclude factors affecting the results as prescribed in this Decree.

Article 28. Basis for evaluating and classifying the Vietnam Deposit Insurance Corporation

1. The level of performance of annual tasks and financial plan indicators assigned.

2. The audited annual financial report by the State Audit Agency.

3. The results of supervision and inspection of state capital management and investment activities at the Vietnam Deposit Insurance Corporation.

4. Issues arising that affect the implementation results of the financial plan of the Vietnam Deposit Insurance Corporation.

Article 29. Method for evaluating and classifying the Vietnam Deposit Insurance Corporation

1. The State Bank assigns evaluation and classification indicators to the Vietnam Deposit Insurance Corporation in accordance with its operational characteristics.

2. The evaluation of the Vietnam Deposit Insurance Corporation is based on comparing the tasks and indicators assigned by the State Bank with the actual results achieved.

a) For indicators 1, 2, and 3 stipulated in Clause 1 of Article 27 of this Decree:

The Vietnam Deposit Insurance Corporation is classified as A when it achieves or exceeds the assigned financial plan indicators;

The Vietnam Deposit Insurance Corporation is classified as B when it achieves less than the assigned plan but at least 90% of the assigned plan;

The Vietnam Deposit Insurance Corporation is classified as C when it achieves below 90% of the assigned financial plan indicators.

b) For indicator 4 stipulated in Clause 1 of Article 27 of this Decree:

The Vietnam Deposit Insurance Corporation is classified as A if it meets all the following conditions: During the evaluation year, it does not receive written reminders from the State Bank or the Ministry of Finance regarding the submission of supervisory reports, classification reports, financial reports, and other reports for financial supervision as required and within the prescribed time frame for each type of report; It does not receive administrative penalties from competent authorities; If it receives administrative penalties from competent authorities, it must ensure that it does not receive penalties for violations in the field of state capital management and investment in enterprises during the evaluation year; The Chairman, members of the Board of Directors, General Director, Deputy General Director, Chief Accountant, and Head of the Supervisory Board of the Vietnam Deposit Insurance Corporation do not commit criminal offenses during the execution of their duties at the Vietnam Deposit Insurance Corporation to the extent that they are prosecuted for criminal responsibility by competent authorities during the evaluation year. The classification of the Vietnam Deposit Insurance Corporation is only counted once for the same violation case of the Vietnam Deposit Insurance Corporation's management.

The Vietnam Deposit Insurance Corporation is classified as B for the remaining cases that are neither classified as A nor C.

3. Summary of Classification Results for the Vietnam Deposit Insurance Corporation

a) The evaluation and classification results of the Vietnam Deposit Insurance Corporation are categorized as follows: The Vietnam Deposit Insurance Corporation is classified as A, B, or C according to the degree of completion of the evaluation indicators assigned by the State Bank.

b) Based on the classification results for each indicator 1, 2, 3, and 4 stipulated in this Decree, the State Bank classifies the Vietnam Deposit Insurance Corporation as follows:

The Vietnam Deposit Insurance Corporation is classified as A if there is no indicator classified as C, where indicator 1 and indicator 4 are both classified as A;

The Vietnam Deposit Insurance Corporation is classified as C if indicator 2 is classified as C or if indicator 2 is classified as B and the remaining three indicators are classified as C;

The Vietnam Deposit Insurance Corporation is classified as B for the remaining cases that are neither classified as A nor C.

Vietnam Deposit Insurance Corporation is classified as Category B in cases not classified as Category A or Category C.

Article 30. Organization for Evaluation and Classification of the Vietnam Deposit Insurance Corporation

1. The Vietnam Deposit Insurance Corporation shall base on the indicators assigned by the State Bank to self-evaluate and classify itself, prepare and submit the Report on Evaluation and Classification of the Vietnam Deposit Insurance Corporation to the State Bank within the time limit required by the State Bank.

2. The State Bank of Vietnam:

a) To request the submission deadline for the Report on Evaluation and Classification of the Vietnam Deposit Insurance Corporation to the State Bank, ensuring that the State Bank has sufficient time to evaluate and decide on the classification of the Vietnam Deposit Insurance Corporation, and to announce the classification results of the Vietnam Deposit Insurance Corporation within 45 days from the date when the annual financial report audited by the National Audit Office has been completed.

b) To prepare the Report on Evaluation and Classification of the Vietnam Deposit Insurance Corporation.

Article 31. Evaluation of Board Members and Supervisors at the Vietnam Deposit Insurance Corporation

The evaluation of Board members and supervisors at the Vietnam Deposit Insurance Corporation shall be carried out in accordance with the provisions of the law on supervision, inspection, evaluation, classification, reporting, and publicizing information in the management and investment of state capital in enterprises for direct state owners and supervisors at state-owned enterprises holding 100% of the charter capital.

Article 32. On Supervision and Inspection of the Vietnam Deposit Insurance Corporation

The supervision, inspection, reporting, and publicizing of information in the management and investment of state capital in the Vietnam Deposit Insurance Corporation shall be carried out in accordance with the provisions of the law on supervision, inspection, evaluation, classification, reporting, and publicizing information in the management and investment of state capital in enterprises for state-owned enterprises holding 100% of the charter capital.

Chapter VI

TASKS AND POWERS OF THE PRIME MINISTER AND MANAGEMENT AUTHORITIES TOWARDS THE VIETNAM DEPOSIT INSURANCE CORPORATION

Article 33. Tasks and Powers of the Prime Minister

1. The Prime Minister decides on the following matters based on the proposal of the State Bank:

a) Strategy for the development of deposit insurance;

b) Plan for receiving financial support to implement deposit insurance policies as prescribed by law.

2. Decides on the policy of state capital investment, decides on state capital investment within the scope of authority stipulated in this Decree.

3. Performs other tasks and powers as prescribed by law.

Article 34. Tasks and Powers of the State Bank

1. Exercises the rights and responsibilities of the state's representative body at the Vietnam Deposit Insurance Corporation as prescribed in this Decree; manages the state's affairs concerning the Vietnam Deposit Insurance Corporation within the scope of responsibility assigned and is responsible before the Government for managing state affairs regarding deposit insurance as prescribed in the Law on Deposit Insurance and this Decree.

2. Assigns business plan targets, financial plans, evaluation and classification indicators for the Vietnam Deposit Insurance Corporation. Assigns annual and extraordinary inspection plans (if any) for organizations participating in deposit insurance according to Clause 10, Article 14 of the Law on Deposit Insurance.

3. Conducts evaluations of operational effectiveness, classifies the Vietnam Deposit Insurance Corporation, evaluates the completion of tasks by Board members and Supervisors.

4. Approves the distribution plan for the surplus or deficit of the Vietnam Deposit Insurance Corporation annually as prescribed by the financial system regulations for the Vietnam Deposit Insurance Corporation.

5. Requests ministries, sectors, localities to provide information on planning, orientation, strategy, objectives, development plans for industries, fields, areas to serve the assignment of tasks and the assignment of business plan targets, financial plans, evaluation and classification indicators for the Vietnam Deposit Insurance Corporation if necessary.

6. Inspects and audits the activities of the Vietnam Deposit Insurance Corporation. Monitors the Vietnam Deposit Insurance Corporation in compliance with laws on deposit insurance. Handles violations and resolves complaints and denunciations related to deposit insurance.

7. Decides on participation in international organizations on deposit insurance of the Vietnam Deposit Insurance Corporation. Signs international agreements or submits to competent authorities for signing international treaties on deposit insurance as prescribed by law.

8. Proposes to the Prime Minister to decide on matters within the Prime Minister's authority based on the proposal of the Vietnam Deposit Insurance Corporation as prescribed in this Decree.

9. Decides on matters within its authority based on the proposal of the Vietnam Deposit Insurance Corporation as prescribed in this Decree.

10. Perform other tasks and exercise other powers as prescribed by law.

Article 35. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Local Authorities

1. Implement state management functions over the operations of the Vietnam Deposit Insurance Corporation according to the tasks assigned by the Government and the provisions of the law.

2. Provide information to the State Bank of Vietnam as stipulated in Clause 5, Article 34 of this Decree.

3. Performs other tasks and powers as prescribed by law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree shall take effect from July 13, 2026.

2. The following provisions shall cease to be effective from the date this Decree takes effect:

a) Decree No. 68/2013/NĐ-CP dated June 28, 2013 of the Government detailing and guiding the implementation of the Law on Deposit Insurance;

b) Provisions on deposit insurance premiums in Decree No. 89/1999/NĐ-CP dated September 1, 1999 of the Government on deposit insurance and Decree No. 109/2005/NĐ-CP dated August 24, 2005 of the Government amending and supplementing certain articles of Decree No. 89/1999/NĐ-CP;

c) Decision No. 32/2021/QĐ-TTg dated October 20, 2021 of the Prime Minister on the limit for deposit insurance payments.

Article 37. Transitional Provisions

1. By no later than December 31, 2026, the Vietnam Deposit Insurance Corporation must:

a) Submit to the State Bank of Vietnam for issuance of regulations governing the operation of the Supervisory Board and Supervisors as provided for in Clause 1, Article 10 of this Decree;

b) Issue regulations governing the operation of the internal audit department as provided for in Clause 2, Article 6 of this Decree, and the internal audit process as provided for in Clause 1, Article 10 of this Decree.

2. The Supervisory Board shall continue to implement the work plan for 2026 according to the annual work plan of the Vietnam Deposit Insurance Corporation's Supervisor that has been approved by the State Bank of Vietnam.

3. The assessment of the effectiveness of operations and classification of the Vietnam Deposit Insurance Corporation for the years 2024 and 2025 shall be carried out in accordance with the provisions of Clause 6, Article 59 of Law No. 68/2025/QH15 and Article 44 of Decree No. 365/2025/NĐ-CP dated December 31, 2025 of the Government on supervision, inspection, evaluation, classification, reporting, and public disclosure of information in the management and investment of state capital in enterprises where the state holds 100% of the charter capital.

Article 38. Organization of implementation

Ministers, Heads of ministerial-level agencies; Chairpersons of People's Committees of provinces and centrally governed cities; Chairpersons of the Board of Directors, General Directors of the Vietnam Deposit Insurance Corporation, and related organizations and individuals are responsible for implementing this Decree.