Digital transformation in the banking sector brings many opportunities, but at the same time poses many problems to be solved in terms of technology and legislation, from banks and users.
According to the banks, recently, the Government and the State Bank have made many efforts to reform institutions to promote digital transformation. The Government has issued many guidelines and policies to support digital transformation such as the orientation of building a cashless payment society, allowing the pilot of mobile money … Especially, a breakthrough was made when the State Bank granted permission to open an individual’s payment account electronically (eKYC) in accordance with Circular 16/2020 / TT-NHNN.
Many banks are aiming to build digital banking Many opinions suggest that the institution for the digital transformation of the banking sector basically meets the development of society and the trend of not using cash. “However, the current institutional reforms sometimes still follow the market trend in the short term because it focuses more on the payment segment. Meanwhile, in response to the long-term development of the banking and financial technology industries, there is a lack of sandboxing mechanisms to help the implementation of new technologies gain support. and legal framework from the beginning ”, said Mr. Nguyen Hung, General Director of TPBank. Many regulations need to be further improved Banks also said that the legal framework and policy should continue to be completed, in which, the prerequisite is to speed up the process of building and developing the national database system on personal identification. and at the same time allow sharing, open connection with service industries such as banking, telecommunications, insurance … “Despite applying modern technologies, Vietinbank’s solutions cannot guarantee 100% accuracy that the identity documents that customers provide online are real, so all banks are looking forward to it. the national residential data system for the most accurate authentication, ”shared Deputy General Director of Vietinbank Tran Cong Quynh Lan. Representatives of banks also asked the authorities to issue a draft of agent banking to allow banks to develop service points (when banks are not allowed to open many branches / transaction offices. ). At the same time, it is necessary to speed up the development of regulations on user data protection, digital identity, and building an eKYC alliance. Complete regulations on transaction confidentiality, information security, detailed regulations on electronic signatures, electronic certificates, electronic transactions in accordance with international practices … A very important content is the permission to deploy the Sandbox mechanism – policy testing mechanism applicable to the application of new technologies and new business models in Vietnam. Allowing banks in the digital transformation process to have certain exceptions in meeting safety and efficiency ratios according to the State Bank’s regulations will help the bank boldly research and test new things. According to Mr. Duong Trong Chu, Director of Digital Banking Division of Lien Viet Post Bank, compared to some countries in the region, Vietnam’s digital conversion speed is relatively fast, but Vietnam is not yet a typical example of a country with the fastest speed of digital conversion in the world. Vietnam has a young, flexible and easy to accept the digital transformation model, but we face certain barriers. First, it must be mentioned that the Vietnamese people’s habit of using cash is too great. Second, Vietnamese people tend to trust physical transaction points rather than a digital bank model without branches / transaction offices. Third, the policy has almost no compulsory regulations for digital transformation, just stop at encouraging. Vietnam is an eager market to learn but takes a lot of time to implement because the legal corridor is slower than the development of business models. International experience shows that major cyber attacks are a top concern in the short term, and organizations face important trade-offs in improving their endurance and resilience. school network. According to a survey by Oliver Wyman, cyber attacks are rated as the No. 1 global risk by business leaders in developed economies as the No. 1 global risk in implementing business operations. Mr. Nguyen Xuan Nam, Strategic Director of Viettel Cyber Security Company, affirmed that technology issues related to bank number conversion are now relatively safe, even able to catch up with the technology. Around the world, of course, there is still a need for improvement for the better, but people should not be too worried. For example, the current mobile banking applications are all applying new technologies to prevent exploitation of source code and are not allowed to be installed on unsecured phones. However, according to Mr. Nam, a problem posed is that the legal corridor related to user data is not very strict, such as regulations on information disclosure, personal data theft, as recently. There have been a number of cases of using data without the subject’s permission to register for credit cards or loans … Mr. Nam personally said that having opened a card at a bank A, the next day, there was a bank. customer B calls to ask, which means that customer information disclosure is quite common. However, according to Mr. Nam, from the consumer perspective, the most important thing is not about technology or legislation, but the consumer perception of information security, which is still relatively weak. There have been a lot of personal information theft, account theft not due to technology or legal, but due to the carelessness of users. Therefore, each citizen must actively learn basic cyber safety skills, along with state agencies accompanying businesses in communication to raise awareness for the people. Consider the risks and benefits Mr. Nguyen Ba Diep, Vice Chairman of MoMo e-wallet, said that a digital and innovative innovation model cannot work based on old regulations, heavy management, does not promote innovation. create. A simple example, instead of the parties coming to meet to sign a contract, we will use a digital signature (e-signature), sign on an e-contract, output digital documents. (e-invoice), payments in digital money (e-money) and transactions are done on digital platforms (digital platforms). Therefore, there is a need for legal provisions to create digital signatures, to identify (KYC), the identity of the signer, the legitimacy and protection of digital contracts, regulations on payment in money. electronic, manage sales on digital platforms and accept digital vouchers. “In order to meet the comprehensive digital transformation, the legal structure must also have changes in quantity and quality. However, this takes a lot of time for state management agencies to weigh risks and benefits, this is also a common trend happening worldwide because in reality there is no legal mechanism. can fully adapt to the revolutionary changes created by current technology “, Mr. Diep said. A lawyer in charge of managing a large Vietnamese commercial bank said that, basically, the current legal institutions are still inclined to paper transactions, cash transactions. There are a number of examples of this, but there is not yet a unified definition of digital assets and when there is an administrative dispute or violation, a criminal offense, there are a lot of problems like the definition by Evidence, evidence, electronic contract in the field of electronic transactions, digital transactions, how do we understand the integrity and originality of digital evidence? Another example, when a person dies leaving behind an amount of Bitcoin without an heir, nor with a password for the wallet containing Bitcoin, how will this “derelict property” be handled? Among the many problems posed with the bank number conversion, the lawyer said that banking transactions can be done almost entirely electronically, but still on the basis of a ” the first “paper” that the user communicates with the bank. However, the story would be very different if the whole process was done entirely electronically. “When taking photos of identity papers or photos of users, what data does the bank get to confirm the identity of that person?”, This person raised the problem. Agreeing with Vietinbank’s opinion, this lawyer emphasized that building a shared, linked database is extremely important to reduce effort and costs for all subjects in the commune. associations, including banks. All current legal issues pose many risks for financial and banking services on technology platforms. Therefore, the lawyer also proposed to amend the Law on Credit Institutions to be more practical, and soon allow the application of a sandbox mechanism for these services. Term 4: Legal provisions in digital economy need to be improved
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