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Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
INSTITUTE OF SOCIOLOGY
DO THI MINH PHUONG
CURRENT PREVENTION OF CRIMINAL SITUATIONSTHE BANKING INDUSTRY IN
Trang 2The work has been completed at INSTITUTE OF SOCIOLOGY
Science Instructor:
Assoc Prof Ph.D Tran Dinh Nha
Review 1: Assoc Prof Ph.D Hoang Thi Minh Son
Review 2: Assoc Prof Ph.D Trinh Tien Viet
Review 3: Assoc Prof Ph.D Tran Dinh Nha
The thesis will be defended in front of the Academy-level Thesis Judging
Committee meeting at the Academy of Social Sciences
at…… on day, month, year
Thesis can be found at the library:
- National Library of Vietnam
- Library of Institute of Sociology
Trang 3LIST OF WORKS PUBLISHED BY AUTHOR
1 Article: Fight against crime in the banking sector in Vietnam today, Journal of the State and Law, Issue 299, March 2013
2 Article: Solutions to prevent banking crimes, Journal of Financial and Monetary Market Issue 381, June 2013
3 Article: Fight against crime in the securities sector in Vietnam, State and Law Journal, Issue 291 July 2012
4 Article: Prevention of money laundering through banking activities in Vietnam today - Difficulties and solutions, Journal of Prosecuting Science, April 2020 issue
5 Article: Crime in the banking sector and provisions of the Penal Code
2015, People's Court Journal, March 2019 issue
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as the Investigation Agency, the People's Procuracy, the People's Court and thebanks themselves which should be proactive in researching and proposing effective measures for prevention and fighting against this type of crime Meanwhile, the banks’ internal inspection and control departments and credit institutions have not yet met the management requirements in accordance with their functions and duties, most of these departments just stop at On-site inspection, but when detecting violations, the handling of violations is still slow.But due to fear of affecting the reputation, operation and profits of their system, the banks even seek to conceal the violations, causing difficulties for competent authorities in handlingand fighting this type of crime
Stemming from the above-mentioned urgent theoretical and practical requirements, the author chooses the topic "Preventing the crime situation in the banking sector in Vietnam today" to do the doctoral thesis in law studies For the purpose of researching and analyzing legal signs, causes and conditions of the criminal situation in the banking sector, especially studying the theory and practice of preventing this type of crime, the author has proposed solutions including from improving the law to organizing preventive activities to suit the actual situation of Vietnam today and in the future
2 Research purpose and tasks of the thesis
2.1 Research Purpose
The thesis aims to clarify theoretical and practical issues for crime prevention in the banking sector in Vietnam in recent years, supplement and
Trang 52 concretize the theory on crime prevention of the crime situation in the banking sector; indicate the causes and conditions of the criminal situation in the banking sector; Proposing measures for prevention of crime in the banking sector
2.2.Research Tasks:
The thesis focuses on the following basic tasks, thereby identifying issues that need further researching in the thesis;
Firstly,conduct an overall survey and evaluation of national and
international research works related to the thesis topic to better understand the research results, theoretical basis, scientific basis and practice on crime prevention in the banking sector,
Secondly, on the basis of the existing theoretical foundation of crime
prevention, analyze and clarify theoretical issues about crime prevention in the banking sector in Vietnam
Thirdly,survey, analyze and clarify the reality of the crime situation in the
banking sector, including to make in-depth research to clarify the situation, causes and conditions of the crimes, shortcomings, difficulties, problems in the practice of preventing crime in the banking sector
Fourthly,on the basis of the research on the actual situation, propose
some solutions to strengthen the prevention of crime in the banking sector in Vietnam in the coming time
3 Thesis’s object and range of study
3.1 Object of study
The thesis’sstudy object is the Party’sviewpoints, lines and policies on crime prevention in general and crime prevention in the banking sector in particular; Theoretical issues on crime prevention in the banking sector; Laws and practices on prevention of crime in the banking sector in Vietnam over the past time
3.2 Range of study
The thesis’s range of study is limited by following aspects:
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- The thesis is researched from the perspective of criminology and crime prevention However, as the crime in the banking sector is not a specific crime under the Penal Code but it’s a concept of criminology; therefore, when studying the crime situation in the banking sector, the author would like to limit the theoretical and practical issues in terms of the crime of violating regulations on banking activities and other activities related to banking activities as prescribed in Articles 206, 207 of the Vietnam Penal Code 2015 and some other typical crimes happening in the banking sector, such as crimes
of ownership under Article 174, 175, 179, crimes of positions under Articles
354, 355, 356, 359; Practice of crime prevention in the banking sector from
4.2 Research Methods
In the process of researching the topic, the PhD student has used such research methods as: sociological investigation method (developing questionnaires, dataanalysis and statistics), method of document and historical research, statistics, analysis, synthesis, comparison, induction, deduction, systematization, systems approach, multidisciplinary and interdisciplinary social sciences method, etc
5 New scientific contributions of the thesis
The research results of the thesis will clarify the following issues:
To enrich the theoretical system of crime prevention in Vietnam; The practice of crime preventionin the banking sector in Vietnam in the period from 2010 to 2020 which is quite comprehensive and systematic, thereby clearly showing the advantages, shortcomings and weaknesses of
Trang 74 thepracticeson the prevention of crime situation in the banking sector; providing an argument for theory and practice that can provide researchers and legislators in drafting legal provisions on crime, crime prevention and control in the banking sector, which can be a reference for the research, teaching and studying about crime and crime prevention in the banking sector in Vietnam
6 Theoretical and practical significance of the thesis
Theoretical significance: The completed thesis is meaningful in clarifying
and enriching the theoretical issues of crime prevention in the banking sector such as: the concept of crime situation in the banking sector, the concept of prevention of crime situation in the banking sector, characteristics, principles, content and subjects, preventive measures
Practical significance: On the basis of learning about and evaluating the
practice of crime prevention activities in the banking sector, pointing out the advantages, limitations and shortcomings of prevention activities, the thesis has made science and practice-based predictions for the crime situation in the banking sector in the coming time as well as develop and propose solutions to strengthen crime prevention activities in the banking sector
7 Structure of the thesis
In addition to the list of tables and reference, the Thesis is divided into 4 chapters: Chapter 1 Research Overview
Chapter 2 Theoretical issues on crime prevention in the banking sector Chapter 3 Situation of prevention of crime in banking sector
Chapter 4 Solutions for strengthening the prevention of crimes in the banking sector
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Chapter 1 RESEARCH OVERVIEW 1.1 Topic-related Research Overview
Through studying the research works related to the topic, the author has categorized the researches into 3 groups: i) Theoretical research works on crime prevention in the banking sector; ii) Research works on the current situation of crime prevention in the banking sector in Vietnam; iii) Research works on solutions for prevention of crimes in the banking sector in Vietnam From that, the author draws some conclusions as follows:
1.2 The research results that the thesis will inherit and further develop
Firstly, national and international research works have gathered and
summarized many theoretical issues related to crime and crime prevention in the field of banking operations, as mentioned, including: analysis on crime concept, crime situation, characteristics, nature, causes and conditions of this crime situation; theoretical analysis and evaluation on crime prevention and control in the banking sector in the country and in the world
Secondly, the above researches, especially the international researches,
have pointed out many challenges that the judiciary in general and the banking industry in particular must face with in the coming time when the mankind is approaching the achievements of the 4.0 industrial revolution
Thirdly, Domestic research works, especially those conducted from the
perspective of criminology and crime prevention, have partly pointed out the shortcomings, inadequacies and causes that need to be overcomed in the law-making and execution and application of the law on prevention of economic crimes in general and in the banking sector in particular, as well as have proposed specific solutions to overcome such shortcomings and inadequacies
Fourthly, many research works have carefully analyzed several solutions
for fighting and prevention of certain types of crimes related to the banking sector, such as corruption, money laundering, fraud, counterfeit money, intentional violation of the State regulations resulting in serious
Trang 96 consequences , and at the same time, proposed solutions for improvement of the effectiveness of the fighting and prevention for each type of crime
The thesis needs to further implement and make scientific, accurate, objective and specific predictions on the crime situation in the banking sector, thereby proposing solutions for strengthening the crime prevention activities
in the banking sector in the coming time
Chapter 2 THEORETICAL ISSUES ON CRIME PREVENTION
IN THE BANKING SECTOR 2.1 Concept of crime situation in the banking sector
2.1.1 The concept of crime in the banking sector
Crime, according to the provisions of Clause 1, Article 8, the Penal Code
of 2015 as amended and supplemented in 2017, on the basis of specific contents of crimes in the banking sector, the doctoral postgraduate can
generalize the crimes in the banking sector can be defined as: is an act that is
dangerous to society, intentionally committed by an entity with criminal capacity, infringing upon the State's economic management order in the banking sector and banking activities, causing damages for the whole economy and affecting the reputation of the bank and the State
2.1.1.1 Legal signs of crime in the banking sector
Signs of the object of the crime
Signs of the objective side of the crime
Signs belonging to the subject of a crime
Signs of the subjective side
2.1.1.2 Characteristics of crime in the banking sector
Firstly, crime in the banking sector is a type of economic crime
commonly arising in those areas with developed economies…and tends to move to some other localities, especially in places where the industrialization and urbanization repaidly occurs
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Secondly, the subjects of banking crimes are very diverse and are usually
the people with knowledge and understanding of the bank and its operations, often associated with people with positions and powers in the banks The banking activities are always highly systematic, so the crimes in the banking sector often have connections as crime collusion
Thirdly, crime in the banking sector is a type of crime that causes heavy
consequences and damages to society, often it is difficult to recover assets for the bank after handling the crime
Fourthly, criminal tricks in the banking sector are diverse and
complicated Most of the crimes are committed intentionally, and often conducted by an proactive plan to infiltrate, receive collusions from the degenerate and corrupt bank officials
Fifth, crimes in the banking sector are highly internationalized, for which
attention should be made when conducting researches on the crimes in the banking sector in today’s period of globalization
2.1.2 The concept of crime situation in the banking sector and the causes and conditions giving rise to crime in the banking sector
2.1.2.1 The concept and characteristics of the criminal situation in the banking sector
The criminal situation is the first and basic research object of criminology It can be said that the concept of criminal situation has been formed and perfected over time along with theoretical researches, marking the shift of awareness level from events, acts and single criminal concepts to a more general and complicated concept After consulting some authors such as: Author Duong Tuyet Mien; author Vo Khanh Vinh; perspective of criminology curriculum of Hanoi Law University; Criminology curriculum of
Ho Chi Minh City University of Law,
Based on the general perception of the crime situation mentioned above,
it is possible to state the concept of the crime situation in the banking sector,
according to which: “The crime situation in the banking sector is a negative
socio-psychological phenomenon which has with criminal legality, history,
Trang 11by the researchers only reflect the visible aspects of the crime situation It’s the researcher’s task to further clarify the hidden aspects of the crime situation in the banking sector
2.1.2.2 Causes and conditions giving rise to crimes in the banking sector
Crime prevention is a system of measures taken by the subjects in order to limit and eliminate the causes and conditions for the arising of crimes Therefore, crime prevention research cannot ignore the cause and conditions
of crime, including the causes of crime in the banking sector
Thus, from Theoretical overview of the causes and conditions that give rise to crime, it is possible to come to an overview of the reasons and conditions for giving rise to crime in the banking sector with some contents as follows:About objective factors; Regarding mechanisms and regulations; About Governance and control, internal audit; Regarding internal processes and regulations; About credit risk management; About human
2.2 Definitions, characteristics and meaning of crime prevention in the banking sector
2.2.1 The concept of crime prevention in the banking sector
Crime prevention in the banking sector is an activity conducted by agencies, organizations and individuals by all necessary measures to influence the causes and conditions of this criminal group, in order to prevent, limit and move towards eliminating these crimes from social life.Crime prevention in the banking sector has the following characteristics:
First, crime prevention in the banking sector is an activity conducted by
different entities, but actively being the subjects that directly carry out different activities in the banking sector, through different measures
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Second,crime prevention in the banking sector is the act of influencing
factors of the cause of crime formation very early in order to prevent crime from happening in reality
Third,Crime in the banking sector is a complex social phenomenon not
only in its prevalence and manifestations but also in the causes of diverse crimes, mainly from economic causes, leading to crime prevention measures are also very diverse and focus on economic solutions
Fourth,crime prevention in the banking sector is closely related to the
prevention of position crime and property infringement
2.2.2 Significance of crime prevention in the banking sector
- Crime prevention in the banking sector contributes to overall crime prevention outcomes
- Preventing crime in the banking sector contributes to the protection of the socialist-oriented market economic institution
- Preventing crime in the banking sector contributes to limiting the damage caused by these crimes to economic institutions and to the legitimate rights and interests of agencies, enterprise, organizations and individuals
2.3 Basis, principles and subjects of crime prevention in the banking sector
2.3.1.Basis for crime prevention in the banking sector
2.3.1.1 Political - legal basis of crime prevention activities in the banking sector
- The political basis of crime prevention activities in the banking
sectorare all the viewpoints, orientations and directional natureguidelines for
the prevention of crime in the banking sector, which are expressed in the Party's documents such as: Directive No 48-CT/TW dated October 22, 2010
of the Politburo on strengthening the leadership of the Party in crime prevention and control in the new situation; Conclusion No 13-KL/TW, dated August 16, 2021 of the Politburo on continued implementation of Directive
No 48-CT/TW, dated October 22, 2010 of the X Politburo on strengthening the leadership of the Partyfor crime prevention and control, continuing to emphasize the close combination of proactive prevention with active
Trang 1310 detection, struggle, strict and timely handling, no restricted areas, no exceptions to criminal acts
- Legal basis of crime prevention activities in the banking sector
The legal basis of crime prevention activities in the banking sector is understood as a combination of principles, viewpoints, and guiding guidelines,
be concretized into legal provisions and specific preventive measures, as well
as the specific rights and responsibilities of crime prevention actors are codified Research students divided into the following groups of texts:
Group of documents regulating the organization and operation of banks and credit institutions; State management regulations for banking activities Group of legal documents regulating crime prevention in the banking sector
2.3.1.2.Theoretical basis of practice of crime prevention in the banking sector
- Crime in the banking sector has been causing enormous economic losses, which directly threatens the safe and healthy development of the whole economy; infringing upon the legitimate interests of agencies, organizations and individuals recognized and protected by law Statistics of the Supreme People's Procuracy show that crimes in the fields of economic management, ownership, and positions in the banking sector are always higher than the previous year, crime situation in the banking sector is increasing and becoming more complicated, with an increase in both the number of cases and
the nature, extent and consequences.(See the statistics of the Supreme People's
Procuracy in Appendix 1)
In the next time, Vietnam will continue to integrate deeply into the international economy In particular, with the influence of the industrial revolution 4.0, besides the advantages it brings to the economy, crime in the banking sector continues to develop, with complicated and unpredictable At the same time, it will be a mainstream crime that has a great impact on many other traditional crimes