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Establishment of Asean economic community: Opportunities and challenges for banking sector – The case of Vietnam

Preface
The establishment of regional economic communities has become more and more apparent in the era of globalization. The establishment of the ASEAN Economic Community (AEC) in 2015 is the milestone in the implementation of regional economic integration agenda of ASEAN. Among other targets, AEC aims at integration of financial market in ASEAN with focus on capital market development, liberalization of financial services, capital account liberalization, and ASEAN currency cooperation. As a member, Vietnam will enjoy various opportunities meanwhile face with different challenges from this establishment. This article analyzes the opportunities and challenges for the banking sector as well as the needs in improving banking law of Vietnam.
1. Banking Integration Framework within ASEAN Economic Community (AEC)
In December 2014, the ASEAN Central Bank Governors endorsed the ASEAN Banking Integration Framework (ABIF) and its attendant Guidelines. The provision enabling the implementation of ABIF is in the Protocol to implement the 6th Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services (AFAS), which was signed by the ASEAN Finance Ministers in March 2015. [1]
ABIF allows banks meeting certain criteria (“Qualified ASEAN Banks” or QABs) to have greater access to other ASEAN markets and more flexibility in operating there. To promote the active penetration of the regional banking market by ASEAN-based banks, the member states should first agree on the conditions that ASEAN banks must meet the qualifications. These qualifications must be sufficiently stringent to relieve the prudential concerns of all the member states, and should include the following at a minimum: (i) capital adequacy requirements, (ii) consolidation requirements and authority for consolidated supervision, (iii) restrictions on large exposure, and (iv) accounting and transparency requirements.[2] The ASEAN banks that satisfy all such qualifications are referred as QABs. The member-states should agree to facilitate QABs’ access to their respective domestic banking markets. Accordingly, ASEAN banks are enable to enter and operate in banking markets in other ASEAN member-states (AMS), to eliminate discrimination against foreign banks, and to create a more consistent banking environment throughout the region.[3] Moreover, the QABs will also be treated as local banks in ASEAN countries.[4] This means they will receive equal treatment with domestic banks. The qualifications set for QABs would serve as benchmarks for regulatory harmonization in the banking industry to accelerate the integration of banking markets in the region. The stated qualifications could also serve as operating targets for other banks within the region to increase their financial strength and operating efficiency, and thereby accelerate capacity building within the region’s banking markets.[5] However, ABIF recognizes that some countries are more ready than others to further open up their banking sector and that gaps in market access across AMS still persist, banking integration needs more time and preparation for each country to consolidate its banks and therefore, the current focus in banking sector is on pursuing bilateral reciprocal arrangements.[6]
Banking integration, however, could also mean that risks to financial stability in one country can spill over more quickly to another. Hence, AMS have committed to complement the implementation of ABIF with stronger regulatory and supervisory cooperation arrangements between the home and host ASEAN countries, so that there will be more effective surveillance and supervision of the QABs. 
Like other AMS, Vietnam commits to open its market, to eliminate restrictions in the banking sector. At present, the maximum foreign ownership limit in banking sector according to Vietnam’ commitment under WTO agreement is 30% (if the rate higher than 30%, the government approval is required). In order to liberalize banking sector, Vietnam must remove barriers in financial service such as lending service, financial leasing, payment and money transfer service. Accordingly, Vietnamese banks are allowed to open up branches and directly provide banking services to individuals and organizations in other ASEAN countries. Individuals and organizations are free to purchase banking services in other ASEAN countries. Also, Vietnamese experts in banking sector are free to seek for employment and providing services in other ASEAN countries.
2. Opportunities for banking sector in Vietnam
The establishment of AEC is seen as a turning point in comprehensive integration of AMS. Accordingly, the money inflow and investment will be increased to bringing more opportunities to development of banking industry in Vietnam as well as other ASEAN countries.
First of all, Vietnam’s banks will have opportunities to expand their market share aboard, to develop new products and services in the ASEAN market, to increase the efficiency of operations. Under AEC framework, capital flows are freely circulated in the region and therefore Vietnamese banks may expand their network to other countries in the region, acquire modern banking management and technology from other ASEAN countries. It is worth noticing that ASEAN region has growth rate over 5% per year, over 625-million and young population, the per capita income about 4,000 USD/person/year and intra-ASEAN trade over 600 billion USD in 2015.[7] Obviously, liberalization of goods and services in ASEAN region may encourage more investments and trade transactions in the region. Banking services in ASEAN region of course will benefit. In fact, some Vietnamese banks such as BIDV, VietinBank and Sacombank have opened their branches and representative offices in Laos, Cambodia, and Myanmar and try to expand their services in other AMS.[8] 
In addition, the removal of trade barriers and differences among AEC countries may create fair market for attracting the capital foreign countries. At present, the ownership ratio of foreign investors in the banking sector is at a maximum 30% maximum. According to the commitments on service liberalization, Vietnam shall increase the participation of foreign investors in the financial market. The integration in the banking sector within AEC also benefits Vietnam’s international cooperation in financial and monetary policy, foreign exchange management, inspection and supervision, risk prevention and payment. It also requires the legal framework of banking services be improved in order to ensure the implementation of international commitments, encourage FDI and FII capital inflows into the country.
Moreover, in AEC, entry of foreign banks into domestic banking market not only increases competitiveness but also soundness and safety of the whole banking system. Through the integration into AEC, Vietnamese banks have opportunities to access capital resources, modern technology and management skills from the banks in ASEAN region and in the world. Hence Vietnamese banks could improve their operation efficiency, introduce new products and services, and enhance risk prevention in order.
Furthermore, the presence of foreign investors in banking market in Vietnam also helps diversifying service market and improving quality of financial services in the following aspects: (i) consumers have more choices; (ii) product quality will be improved due to the intense competition between domestic competitors and competitors from other AEC countries; (iii) strengthening the scope of banking services and increase quality for entering banking market in the regions market share of Vietnamese banks is at low level.[9] 
3. Challenges for banking sector in Vietnam
First, integration into AEC will bring cause fierce competition in Vietnamese banking market. Uncompetitive domestic banks will be taken over by or lose their market shares to foreign banks. The presence of foreign banks has increased competitive pressure in banking sector. Foreign banks not only compete with local banks in providing modern banking services but also compete in traditional products such as credit, payment, and deposit. 
Although the banking system in the country has made certain development steps, the gap between domestic banks and banks in other AMS and the world is still very large in all aspects. As the free movement of services and labor in the AEC, the higher-growth economies like Singapore, Thailand, and Malaysia will get more benefit from providing their financial services. Therefore, banks in Vietnam will be placed in a fierce competition environment, and Vietnamese banking system will face a lot of challenges. Recently, many commercial banks in other ASEAN countries have continued to develop their branches and representative offices or establish 100% foreign-owned banks in Vietnam such as Thailand's Kasikorn Bank, Singapore's UBO Bank, and Public Bank Berhad (PBB) and Bank of Maybank of Malaysia.[10]  This situation creates some challenges for domestic bank system.
Firstly, the majority of Vietnamese banks have small capital in comparison with banks in other ASEAN countries and in the world while their non-performing debt ratio stands at high level. According to the current law, Vietnamese banks are under high pressure of increasing capital up to the legal capital.[11]  While many banks in ASEAN region equity capital at hundreds billion US$, there is no Vietnamese bank with equity capital reaching a 100 billion US$. In 2014, the total assets of some of Vietnam's biggest commercial banks ranged between 25 billion US$ and 30 billion US$ that is one tenth of UOB Bank's assets (306 billion USD) in Singapore, one fifth of Maybank (146 billion USD) in Malaysia and nearly one third of Kasikorn Bank's assets (72.5 billion USD) in Thailand.[12]  With small capital assets, Vietnamese banks will be able to focus only on credit activities, strong consumer lending, securities and real estate lending but not on development of non-credit services. Therefore, it is difficult for them to resist the unrest of the economy. Meanwhile, the non-performing debt ratio of Vietnam’s banking system in 2014 was at high level, i.e. of 4.11% with the total non-performing debt about 162.2 trillion VND. Bad debts of the Vietnamese banks increased rapidly in many banks, concretely, Agribank, Vietinbank (9.575 billion VND), Vietcombank (7.047 billion VND), and Asia Commercial Joint Stock Bank (3.479 billion VND).[13] The high level of non-performing loans resulted in loss of equity in some banks, therefore, it is difficult for them to maintain capital mobilization and lending as well to compete with foreign banks in the context of ASEAN economic integration.
Secondly, low quality of Vietnamese banks’ banking services puts them under high competition pressure. Domestic Banks’ services like retail service, account management service, financial advisory and support, derivative financial services, financial information services and international payment services are still primitive and unsuitable to needs of customers. Payment by bank card and internet banking are popular only in several major cities like Hanoi, Ho Chi Minh or Danang. In addition, according to Global Competitiveness Report 2014 - 2015 of World Economic Forum, Vietnam ranks at 68th out of surveyed 144 countries. The ranking is based on 12 competitive criteria including legal institution, infrastructure, health and education, market size, macroeconomic environment, the development of financial market, and the efficiency of labor market.[14]  Thus, compared to other ASEAN countries, the competitiveness index of Vietnam is still low. This will reduce the ability of attracting investment capital, modern technology for banking industry, increasing the capacity of human resource and the level of risk control over banking operations. However, Vietnamese banks have broad network of services and the knowledge of local customers and business environment. However, these advantages are not long-term and meaningful since they may easily lose to foreign counterparts when the domestic market will be fully opened.
Thirdly, the integration into AEC poses many challenges for the management and supervision of banking operations which are important for ensuring safety and the efficiency of the banking system. Vietnamese banks will face with the needs in controlling capital inflows and outflows. The increase of capital inflows also raises concerns about asset price bubbles, the risk of a sudden reversal of the capital inflows that destabilizes the financial markets. Deeper integration will increase risks in capital transactions and banking system risks given to incomplete management mechanism and lack of coordination between inter-ministries.
Fourthly, integration into AEC requires Vietnamese banks to have highly qualified human resources, knowledge of international trade law, and research and analysis skills meeting international standards. It is a fact that human resource of Vietnamese banks is lacking off appropriate knowledge and skills. 
Fifthly, within the framework of AEC, the member-states are committed to create fair operation environment for banks of other member countries by eliminating the discriminatory rules and policies between foreign and domestic ones. However, merge and acquisition of banks in AEC will not easily happen because of the large differences in law and the extent of liberalization of financial market among the involved countries. For example, Capacity Adequacy Ratio (CAR) which reflects the financial capacity of the bank, will be used for determining banks' ability to cope with the risks that the bank might face with, are different among member countries and among banks within each country.
In Vietnam, under the Circular no. 36/2014/TT-NHNN, minimum CAR is 9% which is higher than the requirements of Basel II and Basel III (which are applied by Singapore and Malaysia). However, the content of each constituent of CAR is different according with Vietnam and Basel regulations. By Basel's terms, a minimum CAR of 8% must cover both credit, market risk and operational risk. Meanwhile Vietnamese regulations do not mention about market risk and operational risk. Therefore, banks operating in AEC will struggle to comply with these very different legal requirements.[15]
In general, the liberalization of the financial service market will have a strong effect if rationally linked to domestic institutional reform, attracts new investors (both domestic and foreign investors) and thereby improve the efficiency of the market. However, in order to minimize the risk in the integration process, along with the financial market liberalization, it is necessary to maintain financial security regulations, to improve the market surveillance of financial services in order to timely deal with the fluctuations of capital flows and the impact of a financial crisis occurred in any country-member.
4. Suggestions for improving banking laws in Vietnam
The analysis of opportunities and challenges of Vietnamese banks resulted from integration into AEC leads to the following suggestions for improving banking law of Vietnam.
Firstly, it is important for Vietnam to improve the regulations on the financial capacity of banks. In order to improve financial capacity of banks, the regulations should aim at increasing of charter capital and measures for dealing with bad debts and thereby improving their competitiveness and capacity of risk prevention. 
Secondly, banking laws in Vietnam need to eliminate foreign ownership restrictions for encouraging process of restructure of the banking system with the active participation of other banks in AEC. 
Thirdly, in order to strengthen the banking system, it is necessary to set forth effective legal basis for resolving bad debts of banks, for allowing other organizations and individuals to participate in the debt market. In addition, the State Bank of Vietnam also needs to improve the efficiency of supervising over the operations of banks in classification of debts, deduction and use of risk reserve to handle with bad debt.[16]
Fourth, banking laws of the country should minimize the risks of financial market when integrating into AEC. In common market for the whole ASEAN, identifying and monitoring the risk of the banking system are essential for each member-country. Therefore, law should regulate application of quantitative and early warning, and risk analysis models based on international standards for each bank and the whole banking system. This is necessary for improving the efficiency of remote monitoring and the stability of the banking market, especially when capital inflows are reversed abruptly.
Fifthly, international economic integration has increased the capital and banking system risk while the management mechanism has not been completed, so it is crucial to improve the regulations on inspection and supervision mechanism and the close coordination among the related ministries. In addition, authority in banking sector of each AMS should have cooperation mechanism with other AMS authorities to improve the framework for financial supervision, timely preventing and dealing with crisis situations in banking operations.
Sixly, Vietnam needs to improve law on on monetary policy and its implementation to stabilize the value of the currency, control inflation, and maintain macroeconomic stability and economic growth.
Seventhly, it is necessary to improve regulations on CAR and tconstituents of CAR in the way of gradually approaching the requirements of Basel II to Basel III during the restructuring of banking system of the country in order to accelerate the integration process of local banks.
Finally, Vietnam needs to improve the regulations on the technology synchronization for domestic banks. Banks need to set up research centers or departments that make research on application of morden technology in order to ensure safe operations, to save time and operation costs and to improve the competition capacity.
Conclusion
The establishment of AEC has brought many opportunities as well as risks, therefore, it is necessary to improve legal regulations on financial capacity, regulations on restriction on foreign capital ownership, minimum capital adequacy ratio, regulations on dealing with bad debt, risk prevention, and regulation on stabilizing the value of Vietnam’s currency in order to strengthen the capacity of banks and to promote the international economic integration, in general and the integration in the AEC, in particular.
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ASEAN, ASEAN Banking Integration Stronger Regional Banks, More Robust and Inclusive Growth, http://www.asean.org/wp-content/uploads/images/2015/October/outreach-document/Edited%20ASEAN%20Banking%20Integration%20Framework-1.pdf
  ADB and ASEAN, The Road to ASEAN Financial Integration - A Combined Study on Assessing the Financial Landscape and Formulating Milestones for Monetary and Financial Integration in ASEAN, 2013, p.10, https://www.adb.org/sites/default/files/publication/30202/road-asean-financial-integration.pdf
  ASEAN, Joint Statement of the 1st ASEAN Finance Ministers’ and Central Bank Governors’ Meeting (AFMGM) Kuala Lumpur, Malaysia, 21 March 2015 Theme: Our People, Our Community, Our Vision. Retrieved August 2, 2015
  The Jakarta Post, ASEAN agrees to start banking integration process. Retrieved August 2, 2015, from: www.thejakartapost.com
  Supra note 2
  Supra note 1
  Le Thi Thuy Van, Financial Services Market in ASEAN Economic Community: Opportunities and Challenges for Vietnam, http://www.mof.gov.vn/webcenter/portal/vclvcstc/r/print?dDocName=MOFUCM095983&_afrLoop=5104453139533230#!%40%40%3F_afrLoop%3D5104453139533230%26centerWidth%3D100%2525%26dDocName%3DMOFUCM095983%26leftWidth%3D0%2525%26pageTemplate%3D%252Foracle%252Fwebcenter%252Fsiteresources%252FscopedMD%252Fs8bba98ff_4cbb_40b8_beee_296c916a23ed%252FsiteTemplate%252Fgsrbbb7f89f_1a4e_432e_aad8_c62bc2c9fb12%252FTemplate.jspx%26rightWidth%3D0%2525%26showFooter%3Dfalse%26showHeader%3Dfalse%26_adf.ctrl-state%3Dsjvmwlmyg_4
  Vietnamnews, Banks willing to take risk, move abroad, 2016, http://vietnamnews.vn/economy/business-beat/282299/banks-willing-to-take-risk-move-abroad.html#4JBj8mpLgDOiTYS3.97
  Nguyen Thi Tuyet, ASEAN Economic Community: opportunities and challenges for financial market of Vietjnam, Social Science Journal no 8(93)-2015,  http://www.vjol.info/index.php/khxhvn/article/viewFile/22800/19486
  Hai Nam, Foreign banks enter Vietnam, 2015, http://english.vietnamnet.vn/fms/business/133870/foreign-banks-enter-vietnam.html
  For example, the legal capital of Vietnamese commercial banks is 3.000 billion VND (appropriate 135 billion USD)
  Le Thi Thuy Van, The development of monetary and banking market in international economic integration and solutions to 2020, http://www.sbv.gov.vn/webcenter/portal/vi/menu/rm/apph/tcnh/tcnh_chitiet?leftWidth=20%25&showFooter=false&showHeader=false&dDocName=SBV286863&rightWidth=0%25¢erWidth=80%25&_afrLoop=5150586850246626#%40%3F_afrLoop%3D5150586850246626%26centerWidth%3D80%2525%26dDocName%3DSBV286863%26leftWidth%3D20%2525%26rightWidth%3D0%2525%26showFooter%3Dfalse%26showHeader%3Dfalse%26_adf.ctrl-state%3Dyvtdor9z9_9
  Nguyen Dinh Hoan and Nguyen Trong Kien, Bad debt ratios in Banking system in Vietnam, 2015
  World Economic Forum, The global competitiveness Report 2014 - 2015
  Truong Quoc Cuong, Ensuring the financial security of Vietnamese banking system during the integration process of AEC, Banking Journal no. 10/2016,
http://www.sbv.gov.vn/portal/faces/vi/pages/apph/tcnh/tcnh_chitiet?dDocName=SBVWEBAPP01SBV081320&dID=84030&_afrLoop=4914999573127849&_afrWindowMode=0&_afrWindowId=null#%40%3FdID%3D84030%26_afrWindowId%3Dnull%26_afrLoop%3D4914999573127849%26dDocName%3DSBVWEBAPP01SBV081320%26_afrWindowMode%3D0%26_adf.ctrl-state%3D13122nm5sd_4
  Nguyen Thi Mui, The current banking system in Vietnam: Recommendation on some issues and policy, (2015), http://www.mof.gov.vn/webcenter/portal/vclvcstc/r/m/ncvtd/ncvtd_chitiet?dDocName=MOF147841&_adf.ctrl-state=qn3ma7rmq_4&_afrLoop=27309032334724566#!%40%40%3F_afrLoop%3D27309032334724566%26dDocName%3DMOF147841%26_adf.ctrl-state%3D2s3tzokvh_4
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References
1. Nguyen Thi Mui, The current banking system in Vietnam: Recommendation on some issues and policy, (2015)
2. Truong Quoc Cuong, Ensuring the financial security of Vietnamese banking system during the integration process of AEC, Banking Journal no. 10/2016
3. World Economic Forum, The global competitiveness Report 2014 – 2015
4. ASEAN, ASEAN Banking Integration Stronger Regional Banks, More Robust and Inclusive Growth
5. ADB and ASEAN, The Road to ASEAN Financial Integration - A Combined Study on Assessing the Financial Landscape and Formulating Milestones for Monetary and Financial Integration in ASEAN, 2013, p.10
6. ASEAN, Joint Statement of the 1st ASEAN Finance Ministers’ and Central Bank Governors’ Meeting (AFMGM) Kuala Lumpur, Malaysia, 21 March 2015 Theme: Our People, Our Community, Our Vision
7. The Jakarta Post, ASEAN agrees to start banking integration process 
8. Le Thi Thuy Van, Financial Services Market in ASEAN Economic Community: Opportunities and Challenges for Vietnam
9. Vietnamnews, Banks willing to take risk, move abroad, 2016
10. Nguyen Thi Tuyet, ASEAN Economic Community: opportunities and challenges for financial market of Vietjnam, Social Science Journal no 8(93)-2015
11. Hai Nam, Foreign banks enter Vietnam, 2015
12. Le Thi Thuy Van, The development of monetary and banking market in international economic integration and solutions to 2020
13. Nguyen Dinh Hoan and Nguyen Trong Kien, Bad debt ratios in Banking system in Vietnam, 2015

Corresponding author: Nguyen Hai Yen
Contact email: nguyenhaiyen0511@gmail.com
Last updated: 09/05/2017
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