Professional Documents
Culture Documents
-------- --------
COMMERCIAL BANKING
Class: Corporate Finance CLC 63A
Teacher: PhD. Le Phong Chau
Group 1
1
Ha Noi, 02/2023
MAIN CONTENTS
A. INTRODUCTION................................................................................. 1
B. SERVICES............................................................................................. 1
I. DEPOSITS........................................................................................... 1
1. The advantages and disadvantages of deposits today.........................1
2. Typical products................................................................................. 1
3. Interest rate......................................................................................... 2
4. The differences................................................................................... 3
II. PAYMENT SERVICES.....................................................................3
1. Vietcombank...................................................................................... 4
2. GP Bank............................................................................................. 6
III. LENDING SERVICES...................................................................10
1. Interest rates on lending products.....................................................10
2. Service fees for loan products...........................................................12
3. Loan procedures............................................................................... 12
IV. FOREIGN CURRENCY EXCHANGE........................................13
V. GUARANTEES................................................................................ 14
1. Loan guarantees................................................................................ 15
2. Payment guarantees.......................................................................... 15
3. Tender guarantees............................................................................. 15
4. Tax guarantee for import/export commodities..................................16
5. Advance payment guarantees...........................................................16
C. CHALLENGES AND OPPORTUNITIES........................................17
I. DEPOSITS.......................................................................................... 17
1. Opportunities.................................................................................... 17
2. Challenges........................................................................................ 19
II. PAYMENT SERVICES...................................................................20
1. Opportunities.................................................................................... 20
2. Challenges........................................................................................ 21
III. LENDING SERVICES...................................................................24
1. Opportunities.................................................................................... 24
2. Challenges........................................................................................ 30
IV. FOREIGN CURRENCY EXCHANGE........................................32
1. Opportunities.................................................................................... 32
2. Challenges........................................................................................ 33
V. GUARANTEES................................................................................ 35
1. Opportunities.................................................................................... 35
2. Challenges........................................................................................ 35
C. CONCLUSION.................................................................................... 37
A. INTRODUCTION
Vietcombank, also known as Joint Stock Commercial Bank for Foreign
Trade of Vietnam, is one of the four largest banks in Vietnam. Moreover,
Vietcombank used to be the Foreign Exchange Department under the State Bank of
Vietnam.
Although being less well known than VCB, GP Bank - Global Petro
Commercial Joint Stock Bank is 100% state-owned bank operating and developing
under the control and management of the State. Few people know that GP Bank
was acquired for 0 VND in 2015. After being acquired, GP Bank was managed by
one of the four largest banks in Vietnam jointly with the state bank, Viettinbank.
Due to the difference in size, history as well as the reputation of both banks,
our group chose these two banks’ services as references for the first part.
B. SERVICES
I. DEPOSITS
Deposits are one of the most important services of the bank. Thanks to this service,
the person who does not need the money will be able to give money to the person
who needs it through the banking system.
1. The advantages and disadvantages of deposits today
a. Advantages
Safe investment channel, stable profitability at the signed interest rate.
Digital transformation helps people not necessarily go to transaction points
anymore. There is also a reduction in costs thanks to online deposits.
Variety of packages sent.
b. Disadvantages
Savings interest rates are usually not high and are variable over time.
If customers settle in advance, they will receive a much lower non-term
interest rate than the original interest rate.
If customers do not select carefully, they may choose 1 bank with low
liquidity, leading to easy deposits.
2. Typical products
3. Interest rate
The following is a chart of annual interest rates of 2 banks (%/year)
4. The differences
The differences of deposit products between 2 banks are:
Interest
With the difference in size between the 2 banks, customers can clearly see the
difference in interest rates compared to the size of each bank. Vietcombank with
much lower interest rates than GP Bank.
Audience of the product
Vietcombank is a leading commercial bank, so it only focuses on the
general customer in the market, it is still large enough to be able to send foreign
currency for a period of time.
GP Bank is a weak joint stock bank so they will focus on specific classes
and offer specific incentive packages: the elderly, low-income people. But also
because of its small size, this bank does not have foreign currency deposit
products.
Vietcombank GPBank
1. Vietcombank
Payment tools for:
a. Individual:
- An account online, cards such as international credit cards, international debit
cards, domestic debit cards...
- Types of savings and loans (Consumption, real estate purchase, car purchase,
mortgage...)
- Digital Bank, insurance, investment...
- Transfer and receive money (domestic, foreign).
Advantages:
• Quick payment, easy service.
• Services associated with e-commerce platforms, payment applications
widely and conveniently.
• As one of the leading banks in terms of safety and security.
• Take the lead in updating user trends.
• There are many advantages when using the service.
• The annual fee is quite low.
Disadvantages:
High fees related to bank accounts: money transfer fees, SMS fees...
• Many card transactions take a long time to update in the application.
b. Enterprise:
- Vietcombank's regular corporate payment account helps businesses track and
manage daily funds quickly, safely, accurately with the lowest cost.
- Insurance and investment services...
- Corporate credit: short-term loans, working capital financing, project financing...
- Payment and monetary management of revenues and expenditures.
- Card services for businesses (credit cards, debit cards).
- International payment, trade finance.
- Fund management, investment portfolio.
- Electronic banks, investment banks (securities, custodians...)
- Foreign exchange and capital markets
- Issuing guarantees and checking information...
Advantages:
• Many term options with attractive interest rates;
• Increase income by balance;
• Make the most of profit from idle money;
• Odd maturities and early withdrawal options create maximum flexibility for
businesses.
• Simple account opening procedures and trading methods
• Can open an account in VND or foreign currency
• Money on the business account will be safe and secure
• Deposit and withdraw money easily and conveniently at all Vietcombank
branches
• Make an instant transfer in Vietcombank system
• Use a variety of payment services conveniently and at the lowest cost
through Vietcombank's extensive network of branches and correspondent
banks.
• Using modern electronic banking services: VCB-Money, Internet Banking
• Provide special support such as: Automated investment, centralized capital
management.
Disadvantages:
• Some credit files have customer legal documents, incomplete project legal
documents, loan application appraisals, inaccurate financial capacity,
unanalyzed appraisal reports, poor ability assessment, etc. debt repayment
sources, project efficiency, and capital borrowing plans.
• Some documents are disbursed when they are not eligible for approval,
disbursement documents are incomplete, new loans are disbursed or interest
payments are made, there are cases where disbursements are made without
checking the vouchers from leading to customers forging, repairing and
increasing the invoice value many times to withdraw bank capital.
2. GP Bank
Payment tools for:
a. Individual:
- Types of payment accounts such as depositing, withdrawing money, transferring
money and making payment transactions via banks by means of payment such as
eBank, ATM...
- Electronic banking services for individuals.
- Remittance money transfer (international, via Western Union...)
- Card service (My card, MMember Card, Student Card...)
Advantages:
• Subjects: Vietnamese and foreign individuals who are living and legally
residing in Vietnam.
• Exclusive customer benefits at GPBank: You have the right to choose a
transaction name (GP.Name) according to your preferences for your
personal payment account.
• Actively spent, money is continuously profitable: You can perform
transactions (withdrawal, money transfer, deposit...) at any time according to
demand. Deposits in accounts enjoy interest rates without term
• Safe: You don't need to keep cash in your home or bring it with you when
you're on business
• Convenience: You can use non-cash payment services such as payment
order, collection order, check, ATM card...
• Diversity: You can open a payment deposit account in VND, EUR, USD...
• Fast: You can open a trading account for yourself within just 02 minutes.
Check your account quickly and easily with SMS Banking.
• Cash can be withdrawn on foreign ATMs: ITMX (Thailand), PayNet
(Malaysia), KFTC (Korea) and LaoVietBank.
• Already applied interbank payment, Napas fast payment 24/7.
• Integrating other electronic wallets, but not too popular.
• You can pay online for services…
• Update some incentives when buying goods and using GPBank's services.
Disadvantages:
• Haven't updated some quick user trends.
• Some affiliate utilities failed.
• Internet Banking is not yet popular and trusted by many people.
b. Enterprise
- Domestic payment (receiving incoming money, transferring money out)
- International payments (letter of credit for export, import)
- Export finance before delivery, international guarantee...
- E-banking via E-banking service, SMS banking service.
- Foreign currency transactions (swap, forward).
- Deposit payment services, project loans, investment, fixed assets...
Advantages:
• There is an attempt to diversify payment services.
• Expanding the international payment market in many regions.
• There is an investment in digital banking.
• The forex market is well-invested.
Disadvantages:
• Some payment services have not been completed yet, and users still
encounter many errors when using them.
• There are not many best deals for businesses yet.
• Interest rates and fees are highly competitive with other banks in the same
payment service.
• The customer base has not been expanded.
• Complaint settlement time is still time consuming and not thorough.
3. Loan procedures
Vietcombank:
Borrowers must have the following documents according to Vietcombank's
procedures:
Certificate of registration of legal ownership of the collateral.
Other documents when required by the bank.
GP Bank:
Customers need to prepare loan documents to request a loan with the bank.
Required documents in the loan application:
Bank loan application form.
Notarized copies of the following documents: ID card, household
registration book, payroll, and labor contract at the capital (according to the
form of Vietcombank).
Household registration/ Certificate of temporary residence, ID card/
Passport.
Certificates of land use rights.
Proof of monthly income and ability to repay debt.
Certificate of identity
Documents related to collateral for mortgage borrowers.
Letter of commitment for the purpose of using capital and payment method.
In addition, depending on each case, customers need to prepare other
necessary documents such as sales contracts, business contracts...
Both banks have simplified procedures so that customers can have easier access
to their available loan products. Thereby, it can be seen that the loan procedures
of the two banks have basic steps such as a mortgage, collateral, and necessary
identification documents to complete the loan procedure.
IV. FOREIGN CURRENCY EXCHANGE
Foreign currency exchange is one of the first banking services. This is a really
important service since firms have to buy ingredients or sell products to other
countries, the exchange rate would affect a lot on the firm’s decision. For
individuals, foreign exchange rate affects travellers, foreign exchage students and
exporting workers.
Vietcombank GPbank
Exchange rate Higher (Buy: Lower (Buy:
23,610~23,640; Sell: 23,980) 23,300~23,580; Sell:
23,860)
Fee No fee No fee
Transportation Through app and over the Through app and over the
counter counter
Procedure Easy and quick Easy and quick
Money exchange $100/ person / day
limit For industrial customers, it depends on the balance of each
bank.
Even though the exchange rate of GP Bank is lower, many firms and
individuals use Vỉetcombank’s services for their foreign currency balance is
much bigger than the GP Bank’s one.
All foreign exchange payment transactions and remittance are freely undertaken
by residents and non-residents via their current accounts in accordance with the
law on foreign exchange management. Residents must transfer foreign currency
income from export of goods and services or from other current revenues in
foreign countries to foreign currency accounts opened at the licensed credit
institutions. Non-residents are allowed to buy/sell, transfer or carry foreign
currencies abroad for the following purposes: overseas study and healthcare,
business, travel and visit, supporting relatives, inheritance remittance to
overseas heirs, remittance for overseas settlement purposes and one way
transfer for other legitimate needs. In the territory of Vietnam, all transactions,
payments, listing, advertisement, price quoting, contracting, agreements and
other transactions are not allowed to be denominated in foreign currencies,
except for certain cases in accordance with SBV's regulations.
V. GUARANTEES
A bank guarantee is a type of financial backstop offered by a lending
institution. The bank guarantee means that the lender will ensure that the liabilities
of a debtor will be met. In other words, if the debtor fails to settle a debt, the bank
will cover it. A bank guarantee enables the customer (or debtor) to acquire goods,
buy equipment, or draw down a loan.
Vietcombank GP Bank
1. Loan guarantees
Vietcombank:
Loan guarantee refers to a written commitment ensuring the beneficiary the
performance of debtors' repayment obligations. In case the debtors don’t (fully and
timely) repay the debt, Vietcombank will pay on their behalf upon presentation of
a complying demand by the beneficiary
GP Bank:
A guaranteed loan agreement may be made when a borrower is an
unattractive candidate for a regular bank loan. It is a way for people who need
financial assistance to secure funds when they otherwise may not qualify to acquire
them. And the guarantee means that the lending institution does not incur excessive
risk in issuing these loans.
2. Payment guarantees
Vietcombank:
Payment guarantees refers to a written commitment ensuring the beneficiary
the performance of your payment obligation. In case you don’t (fully) perform it,
Vietcombank will pay on your behalf on due date upon presentation of complying
demand
GP Bank:
A payment guarantee provides the beneficiary with financial security should
the applicant fail to make payment for the goods or services supplied.
3. Tender guarantees
Vietcombank:
Tender guarantees refers to a written commitment ensuring the bid inviter
(the beneficiary) the performance of your bid participation obligation. In case your
have to pay a fine due to violation of bidding regulations but don’t (fully) pay it,
Vietcombank will pay on your behalf upon presentation of complying demand.
GP Bank:
Tender Guarantee a customary standby letter of credit or bank guarantee or
surety issued by an Issuing Lender, in each case in favor of counterparties of the
Parent Borrower or any of its Restricted Subsidiaries or any of its Joint Ventures
for the purpose of securing the obligations assumed under any tender, for
construction work or other services.
2. Challenges
a. Crime, fraud in electronic payment
Crimes and frauds in electronic payments have recently tended to increase in
the context of online services and transactions becoming popular with new and
more sophisticated acts and tricks and using public information more technology.
Forgery and technical risks: Nowadays, scams entice people to send money
illegally and hacker risks are increasingly sophisticated. Therefore, potential risks
for banks and customers using online payment services still exist.
Some problems arise in the field of electronic payment with complicated
developments, such as: some organizations and individuals use POS machines and
mobile devices originating from abroad to accept payments in the territory.
Vietnam, not complying with the law; or payment activities for services of foreign
organizations and enterprises providing cross-border services into the territory of
Vietnam... still have difficulties and obstacles in the handling process.
Risk of information insecurity: It can be caused by subjective factors such as
customers sharing personal account information, transferring money from
unsecured websites or giving a phone/computer with installed applications to other
users other. From there, creating opportunities for bad guys to make illegal online
payments.
b. Legal frame
The legal corridor on e-commerce is still not specific: Currently, the law
does not have clear regulations on risks in e-payment. It is this ambiguity about
responsibility that creates confusion for both the customer and the bank when
something goes wrong.
Therefore, the development of regulations on electronic payment services is
an extremely urgent and important thing. Besides, each person also needs to raise
awareness and be wary of all tricks.
The legal corridor for payment activities has been continuously improved, a
number of legal documents have been reviewed, revised, supplemented and issued
to guide and adjust payment activities in order to meet the needs of customers,
meet development requirements and needs of practice; create synchronous and
favorable conditions, encourage the development of the commercial center;
strengthen the management of cash payments and ensure security and safety in
payment activities, meet the requirement of the country's economic development
and integration.
c. Inadequacies in infrastructure
Infrastructure and technical equipment for payment activities are still
inefficient. Compared with other countries in the region, the ratio of number of
ATMs to the population of Vietnam is still low: the average ratio of ATMs per
100,000 adults in ASEAN in 2017 was 42.34, while Vietnam is 24.44 (Pham Tien
Dung, 2019).
Moreover, non-cash payment services focus on developing in big cities,
industrial parks and export processing zones. In fact, the network of automatic
teller machines or POS machines is still very limited because they are mainly
installed in the city area and concentrated in supermarkets, commercial centers,
restaurants, hotels..., while there are few in rural and mountainous areas, making it
difficult for cardholders to use daily, leading to a large amount of cash payments in
the economy.
d. Consumer psychology
Propaganda information about non-cash payment methods has not been paid
attention and attention. The strategic goals, orientations and major policies for the
development of payment activities have not been fully and properly recognized by
the public. Therefore, not only people but also businesses have little or vague
understanding of payment services and non-cash payment means.
a. Government
The government has and will continue a number of support packages for
socio-economic recovery and development, as well as the policy of restructuring
credit institutions, thereby contributing to stimulating consumer demand and
reducing black credit.
Banks begin to lower lending rates for real estate
Up to now, all 4 state-owned banks (Big4) have preferential loan programs,
reducing interest rates to support customers.
- Agribank will consider applying a policy of reducing interest rates up to
3% per year for customers with outstanding loans for real estate business as of
January 31.
Agribank also said that it is expected that in 2023, Agribank will continue to
spend more than VND 100,000 billion to implement preferential credit programs
with interest rates for corporate customers, import-export customers, the healthcare
industry, and the education industry, education; reduce interest rates for customers
in industries that face difficulties in production and business activities;…
- SeABank launched a preferential package of VND 3,000 billion, reducing
the lending interest rate up to 1%/year for short-term loans for business purposes
such as livestock, agriculture, forestry, fisher... In addition, SeABank also reduced
0.5%/year for business loans not in the above-mentioned fields.
- Vietcombank also committed to reduce interest rates by 0.5%/year for all
customers with existing and new outstanding loans from the beginning of 2023.
- Sacombank offers preferential loan interest rates for individual customers
and corporate customers nationwide with interest rates from 7.5%/year, applicable
to businesses that need capital to pay for imported goods, import, export goods or
close business customers.
2. Challenges
a. Banks required to cut rates to support economic recovery
Governor of the State Bank of Vietnam (SBV), has directed banks to
continually reduce input costs with an aim to cut loan interest rates. Banks have
been required to cut operating costs and unnecessary expenses, as well as
administrative procedures, so as to have room for lending interest rate reduction to
support the economic recovery and development.
Banks have been also instructed to continually promote the implementation
of the Government’s interest rate support programme for loans of enterprises,
cooperatives and business households according to the Government's Decree
31/2022/NĐ-CP dated May 20, 2022.
“The SBV will monitor banks, which continue to raise interest rates, and
take measures to deal with the violation cases,” the Governor noted.
At a recent meeting, the Vietnam Bankers Association (VNBA) called on its
members to keep deposit interest rates at 9.5% or below to reduce lending interests
and boost economic recovery. The move was made after many banks raised their
rates to up to 11.5% per year for a 12-month term.
Bank representatives at the meeting agreed with the proposal to keep deposit
interest rates at 9.5% maximum.
Up to now, all 4 state-owned banks (Big4) have preferential loan programs,
reducing interest rates to support customers. Most recently, VietinBank announced
the implementation of the SME UP interest rate incentive package with a scale of
VND 10,000 billion, applied to small and medium-sized businesses that borrow
money at VietinBank for the first time, or have not disbursed loans within the past
6 months.
Previously, Vietcombank committed to reduce interest rates by 0.5%/year
for all customers with existing and new outstanding loans from the beginning of
2023. The period from January 1, 2023 to the end of April 30, 2023. , applied to
individual and institutional customers with existing and new outstanding loans at
the bank, except for the group of customers operating in risky fields such as real
estate, securities, etc.
Also applied until the end of April 30, 2023, BIDV implemented a short-
term loan package with a scale of VND 30,000 billion. Customers participating in
the loan package to serve production and business needs will enjoy a preferential
interest rate of only 8%/year for loans with a term of less than 6 months; or only
9%/year for loans from 6-12 months.
At the end of 2022, Agribank also announced a further 20% reduction in
lending interest rates to support customers. Most recently, this bank has just
announced a maximum reduction of 3% interest rates for real estate borrowers. The
program applies to customers with outstanding loans for real estate business as of
January 31, 2023, having difficulties due to the impact of the COVID-19 epidemic,
or the impact of the macro economy.
In the private group, many banks have pioneered to reduce interest rates.
From February 10, MB will reduce the loan interest rate by 1% for corporate
customers with revenue below 100 billion.
Sacombank has just announced the implementation of preferential lending
rates for individual and corporate customers nationwide. For individual customers
to borrow money for short-term production and business purposes (including
agricultural production) or consumption for daily life, Sacombank applies a
minimum interest rate of only 8.99%/year.
Sacombank applies a preferential interest rate of only 7.5%/year for
corporate customers who need capital to pay for imported or exported goods.
According to experts, in order to make banks feel secure in agreeing to
lower deposit interest rates, the SBV has made efforts to support liquidity for
banks through the open market operation (OMO) channel.
Under the newly issued document, the SBV also directs banks to give loan
priority to agriculture, export, small- and medium-sized enterprises, supporting
industries, high-tech enterprises, industrial park construction and solvent real estate
projects for low income people.
Banks must strictly control credit risks for investment activities in corporate
bonds, securities and real estate sectors, according to the documents - VNS.
b. Inflationary
Undoubtedly, inflation is one of the main measures of the health of the
economy. When the indicators of inflation increase, which means that there is a
devaluation of the currency, investors will consider switching to safer reserve
channels rather than gold or USD, thereby reducing the supply funds to lend and
raise interest rates.
Citing data at the Forum "Vietnam Economic Forecast 2022-2023, Dr.
Nguyen Bich Lam, former Director of the General Statistics Office forecast,
Vietnam's inflation may surpass 5% in 2023.
The socio-economic recovery and development program with a scale of 350
trillion VND, along with the support packages of 2021 that are penetrating all areas
of the economy, will cause a sudden increase in aggregate demand and demand.
The sharp increase in consumer demand for goods and services after a long period
of being affected by the pandemic will put great pressure on inflation in 2023.
In addition, inflationary pressure also comes from rising raw material prices.
When raw materials were broken due to the war between Russia and Ukraine; The
Covid-19 pandemic will have a strong impact on Vietnam's economy
Based on the impact factors from supply chain inflation; supply shortage;
aggregate demand spiked sharply. With labor shortage and expected increase in
regional minimum wages, our country's inflation may surpass 5% this year (about
5%-5.5%).
IV. FOREIGN CURRENCY EXCHANGE
1. Opportunities
a. Supply
The supply amount of foreign currency increase due to many reasons:
The sponsors overseas give more suppliance foreign currency to
Vietnam: At the end of 2022, International Development Finance Corporation
(DFC) signed a loan of 200 million USD to SeABank; ADB and VPBank signed a
social loan package worth 500 million USD. Foreign currency supply is likely to
increase the amount of foreign currency reserves of commercial banks. Having
more foreign currencies means commercial banks can lend more foreign
currencies.
The amount of remittances increases: Remittances contribute and create a
very important source of foreign currency for commercial banks, helping to reduce
pressure and balance foreign currency loans.
The State Bank buys foreign currencies and conducts open market
operations: Foreign currency inflows often see a positive trend in the first period
of the year. In addition to remittances, the State Bank also regularly performs the
exception purchase operation, encourages the replenishment of foreign exchange
reserves and provides payment in VND.
b. Government policies
The State Bank has stepped up the management and sanctioning of illegal
foreign currency trading activities. From March 9, 2023, the State Bank has
strengthened supervision, inspection and handling of illegal foreign currency
trading. According to regulations, foreign currency trading can only be done at
commercial banks and authorized dealers. If all people buy and sell foreign
currency on the unofficial market, it will cause restrictions on the foreign currency
trading activities of commercial banks. This action of the State Bank has confirmed
the importance of commercial banks in the domestic foreign exchange market.
c. Technology
People's demand for international travel has increased after the COVID-19
pandemic, so an online foreign currency exchange service that is both fast, safe and
legal will help people relieve anxiety. Moreover, the development of science and
technology requires commercial banks to be more modern in business. For
example, HDBank has started to allow people to buy foreign currency online from
2022. People only need to order foreign currency on internet banking and pick it up
at the point of payment.
2. Challenges
a. Legal frame
The appearance of many lawbreakers has threatened the foreign currency
business of commercial banks. Scammers hire people to go to commercial banks
and buy foreign currencies in large quantities and then sell them on the unofficial
market. Some banks that are victims of this behavior are: ABBANK, HDBank,
Sacombank, MSB…
According to the law, a person can exchange 100 USD per day for 10 days.
However, the law also allows credit institutions to oversell based on the balance of
cash and foreign currency sources. The maximum amount of foreign currency cash
that an individual is allowed to bring abroad without having to declare to the
custom agency is 5,000 USD. Therefore, just by faking travel records, the
scammers were able to exchange foreign currencies in large quantities at
commercial banks.
b. Inflation
The world economy is strongly affected by the conflict between Russia and
Ukraine.
The pressure to increase energy and food prices, commodity prices, world
inflation sharply increased, the trend of tightening monetary policy continued and
spread across the globe. To control inflation, the US Federal Reserve (Fed)
continuously raised the target interest rate at about 4.25 - 4.5%, leading to the
decline of most currencies in the world. Thus, in general, commercial banks will
suffer losses when they have to earn less profit because of the decrease in the value
of foreign currencies.
This affects the profitability of commercial banks. Because foreign currency
trading activities bring profits to commercial banks from the difference between
buying and selling exchange rates.
V. GUARANTEES
1. Opportunities
a. The use of technology on risk prevention of commercial banks
Traditional banks tend to use mortgage guarantees as the main means of risk
prevention in the process of borrowing and lending to customers because they have
little knowledge of customer information. With the promotion and application of
financial technology, banks use Internet technology to investigate customer past
transaction information. While the non-editable modification of the system can
ensure the authenticity and reliability of information resources such as customer
information and transaction records, thereby facilitating the transformation of bank
risk control from single-point risk control to comprehensive risk control and real-
time information analysis.
2. Challenges
a. Some changes in guarantees documents may cause legal loopholes
Article 335.2 of the 2015 Civil Code stipulates: “Parties may agree that the
guarantor shall only perform the obligation for the principal in the event that the
principal is incapable of performing the guaranty obligation.”.
In contrast, Article 361 of the 2005 Civil Code provides: “Parties may agree
on that the guarantor shall only perform the obligation for the principal in the event
that the principal is incapable of performing his obligation.”.
There is a fundamental legislative error with respect to the phrase “guaranty
obligation” at the end of Article 335.2 of the Code. In a guarantee relation, the
guaranty obligation is not the obligation of the principal, but rather the obligation
of the guarantor in the guarantee contract which he has concluded with the
beneficiary.
Notwithstanding, because of the misuse of phrase, it is not complete and
might potentially cause confusion for the parties and even the court. This provision
will be more complete if the phrase “guaranty obligation” is replaced by the phrase
“guaranteed obligation” or “his obligation”
C. CONCLUSION
Banking services in Vietnam have improved greatly in procedures and the
facilities thanks to the help of technology, changes in consumers’ habitat and some
short-term policies. However, there are still some challenges concerning legal
frames and economics situations. In general, commercial banking services is doing
great in developing their services and helping Vietnam economic grow.
Nevertheless, some potential services remain under-developed such as guarantee.
***** THE END *****