Factors Affecting State Management of Capital Mobilization Activities Through Securities Issuance of Joint Stock Commercial Banks


2.3.2. Factors affecting state management of capital mobilization activities through securities issuance of joint stock commercial banks

In the process of implementing State management of the credit risk management activities of commercial banks, many factors are affected. Within the framework of the thesis, the author presents the following 3 groups of factors:

2.3.2.1. Factors belonging to the management subject

- Cognitive and management capacity of the management subject

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The management organization model, policy mechanism and regulations on the issuance of securities are influenced by the level of awareness, management capacity and organization of the State management agencies. On that basis, the State agencies organize the implementation of their management functions for the issuance work. The coordination between the Ministries and branches in the State management of the issuance of securities is an important factor determining the quality and effectiveness of the issuance of securities of commercial banks. The level and experience of the management team in the field of securities and the securities market, in the departments related to the reception of securities dossiers, securities operations, and issuance consultancy are good, then the State management of this activity is good. The ability to apply information technology proficiently in management will positively affect the quality and effectiveness of the issuance of securities.

- Responsibilities of State management agencies

Factors Affecting State Management of Capital Mobilization Activities Through Securities Issuance of Joint Stock Commercial Banks

The State management agency has the function of managing the PHCK activities on the basis of compliance and enforcement of the law of the superior state agency, operating professionally. The State management agencies must ensure the implementation of the tasks within the assigned functions and tasks. If the results are not good, not only the State management agencies will have to bear the consequences but the entire socio-economic system will also be affected. The Government has assigned the State management authority to management agencies such as the Ministry of Finance, the State Securities Commission, the State Bank, etc., so these State management agencies must carry out management activities in accordance with the provisions of law, choose the most reasonable and optimal implementation plan for commercial banks and other units related to the PHCK activities, which will create favorable conditions within the legal framework for commercial banks to effectively carry out the PHCK. On the contrary, irresponsible State management agencies, using inappropriate management methods and tools, will limit the restructuring process of commercial banks. This affects the business performance of each bank and the entire banking system.


goods and to the economy.

- Legal administrative procedures of state management agencies

Legal administrative procedures of state management agencies are the way to organize and implement state administrative management activities as prescribed in administrative law regulations, from the process to the content of conducting administrative management activities.

Legal administrative procedures must be flexible to create a reasonable process for the operation of the securities market so that commercial banks can easily implement it while improving the capacity and efficiency of State management. A reasonable process for managing securities markets will create harmony and unity in the State management apparatus, shorten the time to perform the work, and create economic efficiency for commercial banks when implementing securities markets. On the contrary, an unreasonable, cumbersome and complicated process for managing securities markets will hinder the implementation of the work. The content of managing securities markets from the issuance of regulations, licensing of issuance, inspection, supervision and handling of violations to the coordination in managing securities markets must be closely monitored and controlled to detect errors so that timely measures can be taken, creating conditions and support for securities markets entities to effectively perform their activities.

- Staff of State management agencies

Human is the decisive factor in all activities, the recruitment and allocation of appropriate human resources in the State management work for PHCK activities is one of the important tasks of the State management apparatus. Therefore, the use of a team of cadres to ensure the good performance of their duties is necessary. Based on the organizational model of the State management apparatus for PHCK activities, build a team with full factors of qualifications, capacity, and ethics. To have human resources that meet the above factors, employers first need to identify the needs, then assess the needs and carry out recruitment, followed by arranging appropriate human resources. Employers must implement good treatment regimes, conduct training and retraining of human resources after recruitment to promote the professional capacity and ability of each recruited person.

- Technology infrastructure and information systems, management data

Nowadays, the remarkable development of science and technology, especially in the field of information technology, requires the construction of an accurate, unified and efficient information system.


timely updates. The stock market's capital mobilization channel for the economy has a great impact on the national economy, so the application of modern information and data management systems plays an important role in this activity. The information technology infrastructure needs to synchronously deploy applications and modern information system infrastructure to improve monitoring capacity, contributing to the creation of a public, transparent stock market in accordance with international practices. In addition, information on state management activities needs to be public and transparent on a separate electronic information portal serving the disclosure of information on stock market activities.

The establishment of a quality and effective information technology system by commercial banks is a factor that positively impacts the management activities of state management agencies. The information provided by commercial banks must be of quality, reliable, timely, consistent and clearly presented. This helps the State Securities Commission and the State Bank of Vietnam easily access information from media channels, thereby correctly assessing the securities trading activities of banks.

2.3.2.2. Factors belonging to the management object

- Understanding of securities law and related laws for securities trading activities Understanding of securities law, securities trading regulations and legal regulations

In relation to this, mastering knowledge about risks and preventive measures, knowing how to analyze and forecast fluctuations in the stock market are important bases to ensure compliance with the law in the securities trading activities of commercial banks. This will affect the effectiveness of State management of securities trading activities of State management agencies.

- Awareness of bank compliance

The bank's awareness of compliance with the law directly affects the effectiveness of State management of the PHCK activities. Banks that are aware of complying with state regulations create conditions for State management agencies to perform their roles well. With the awareness and positive attitude of banks in complying with the law, it helps the state build a streamlined and effective State management process.

- Bank management efficiency

Good banking management plays an important role in minimizing risks and fraud in the securities business of commercial banks. Through the banking management regulations, it is possible to establish certain standards of conduct and professional ethics of members of the Board of Directors, Board of Management, Board of Supervisors and bank management staff.


banks, the subjects that play an important role in the operations of banks, the disclosure of information on the stock market and the securities trading activities. To some extent, when securities trading activities take place, commercial banks apply the banking governance regulations, the information provided to investors is more complete and accurate. Commercial banks with appropriate banking governance mechanisms and effective operations will ensure that the steps in securities trading activities take place fully and in accordance with regulations.

- Level of development of the bank

The level of development of a bank is reflected in its financial capacity, which is reflected through many indicators such as equity capital, asset quality, ability to ensure payment and system safety, ability to generate profit on equity capital, ability to generate profit on assets; ability to generate profit on equity capital. If a commercial joint stock bank conducts securities trading activities with strong financial capacity, large scale of operation, and great reputation in the market, it will have a positive impact on the State management work of State management agencies.

2.3.2.3. Factors related to the management environment

- Economic institutions

The role of the State and the role of the market in economic development of each country is different, so the formation of economic institutions is also different. Therefore, the model and management method of the stock market in general and the securities market in particular of each country are also different. The state institution directly affects the model of State management of the stock market, the structure and functions of the system of State management agencies on securities and the stock market, the issuance of policies and management tools, thereby orienting the development of the stock market in general, the stability and efficiency of securities market activities in particular. The intervention of the State management agency has created advantages, difficulties, opportunities and challenges for commercial banks to carry out capital mobilization activities through securities market. That requires issuing banks to comply with the law, adjust and adapt their securities market activities to comply with the provisions of the law and bring benefits to the bank.

- Legal environment

The State manages activities in the socio-economic system by law, the legal environment has the clearest influence on State management of most activities in the economy, including PHCK activities. A suitable and strict legal system


and consistency will stimulate the activities of entities in the economy in general, and the securities market in particular. The securities market activities of commercial banks need to be compatible between the Enterprise Law, Securities Law, Credit Institution Law, Investment Law, etc.

- Stock market

The scale and level of development of the stock market are the basis for building State management policies, and the stock market is one of the activities of the stock market, so the subject of State management of capital mobilization activities through the stock market is the stock market. Therefore, the current state of the stock market affects the promulgation and implementation of State management policies, which is the basis for the State to propose measures to overcome limitations in State management activities of the stock market, and propose solutions to improve the stock market activities of commercial banks.

- International economic integration

Opening the stock market to international integration forces economic activities in each country to fulfill commitments and comply with international law. International integration brings both practical benefits and creates risks and challenges that countries must face. Therefore, when problems arise, timely corrective measures must be taken.

If international factors appear in the stock market or in the securities trading activities, the State management policy will seek to solve related issues in a way that both brings optimal benefits and ensures the safety of the activities of related entities. State management agencies must have strict management measures from the issuance of legal documents to inspection, supervision and punishment in securities trading activities so that the capital mobilization activities through securities trading of commercial banks can be truly effective in accordance with the policies of the Party and the State in the integration process.

2.4. State management experience in capital mobilization through securities issuance of joint stock commercial banks in some countries in the world and lessons learned for Vietnam

2.4.1. State management experience in capital mobilization through securities issuance of joint stock commercial banks in some countries around the world

2.4.1.1. American experience


The US experience in State management of securities trading activities through the PHCK is presented in Pricewaterhousecoopers, Entering the United States securities markets (pages 45 to 49).

The Securities and Exchange Commission (SEC) is the highest regulatory agency of the US securities market with the following functions: Interpreting and enforcing federal securities laws; Issuing new rules and supplementing existing rules; Supervising the inspection of securities companies, brokers, investment advisors and credit rating organizations; Supervising private management organizations in the fields of securities, auditing and inspection; Coordinating the management of US securities with federal, state and foreign governments.

The organizational model and legal status of the US Securities and Exchange Commission as a Ministry in the Government. With the highest responsibility for managing the activities of the US stock market, the US Securities and Exchange Commission is an independent agency and has full authority to decide on the State management of listed securities on the stock market, market participants, activities and trading processes on the stock market. The activities of the stock market are under the two-level management of the US Securities and Exchange Commission and direct self-governing organizations such as stock exchanges, NASD (National Association of Securities Dealers) ... The US Securities and Exchange Commission is assigned the right to manage and supervise the stock market in all aspects, which creates unity in management and minimizes risks for investors, helping the US stock market in general and the stock market activities in particular to develop stably.

Securities trading in the United States is generally regulated by both federal and state laws. The main function of federal securities law is to ensure that investors are provided with accurate information, helping them make the right investment decisions. The US Securities Act was enacted in 1933, the Securities Trading Act was enacted in 1934, and amendments and supplements to these two laws were also enacted to address securities-related issues. All states have their own securities laws, provided that the state's securities laws do not conflict with the federal securities laws.

An issuer wishing to issue a security must file a security registration application, which must satisfy the requirements of the U.S. Securities and Exchange Commission, and then send it to the U.S. Securities and Exchange Commission. The basic content of the security registration application must contain the necessary information.


necessary, helping investors to make investment decisions, including: Information on the financial situation of the issuing organization (mainly accounting and financial reports); Prospectus of the issuing organization; The issuance registration must contain basic information such as: issuance method, description of securities, business issues, administration, control of the issuing organization,...

Upon receipt of an issuer's offering documents, the Securities and Exchange Commission shall review the completeness of the documents but shall not be obligated to review the accuracy of the documents. If the documents are incomplete, the Securities and Exchange Commission shall make requests for amendments or additions. If it discovers that the documents are incorrect or omit necessary information, it may order the suspension or cessation of the offering.

For securities regulation and other activities related to securities and securities markets, the US Securities and Exchange Commission is an independent agency and has full authority to make decisions in State management. The US Securities and Exchange Commission supervises the entire securities market management system and its participants through self-regulatory organizations such as the Stock Exchange, the National Association of Securities Dealers (NASD), depository, clearing and settlement companies. If the US Securities and Exchange Commission finds that self-regulatory organizations are not performing their functions properly or are not appropriate, the US Securities and Exchange Commission will directly intervene to supplement the management deficiencies.

The Securities and Exchange Commission, through its Office of Compliance Inspection and Examination, conducts inspections and supervision of these organizations. These inspections ensure compliance with the law, and if any deficiencies are found, they will issue a “deficiency letter” identifying the problem that needs to be corrected, quickly correcting “gaps” in compliance in a flexible manner without having to deal with them rigidly. These self-regulatory organizations are responsible for issuing regulations governing issuers.

The Securities and Exchange Commission (SEC) oversees the issuance of securities through its Division of Trading and Markets. Because the SEC's function is to administer and supervise the enforcement of securities laws and to take action against violations,


ensure that securities and securities market laws are strictly and fairly complied with. The US Securities and Exchange Commission has full authority to manage and supervise securities activities in the primary and secondary markets, and has the right to inspect, investigate, and prosecute violations in these activities.

Pricewaterhousecoopers, Entering the United States securities markets (page 9) stated that: In addition to registering with the US Securities and Exchange Commission, the securities organization must comply with the regulations on securities registration under state law. State law will determine the type of securities that the organization is preparing to issue to suit the needs of investors, in addition, state law also stipulates specific responsibilities for violations in securities on the basis of the Securities Act of 1933.

The Securities and Exchange Commission does not have the authority to regulate or control prices on the stock market, so to ensure the stock market operates safely and fairly, the Securities and Exchange Commission prescribes detailed and clear regulations for issuers and intermediaries. In addition, the Securities and Exchange Commission requires issuers to publicly disclose all information related to the issued securities and closely monitors participants in the issuance market through the Department of Investment Management.

At the same time, the US Securities and Exchange Commission provides adequate protection for investors through disclosure requirements and supervision of market participants, especially through the activities of the Department of Investment Management. In order to form a transparent, efficient and dynamic capital market, ensuring fair competition in the securities market, the US Securities and Exchange Commission requires issuers to publicly disclose their financial situation and other information; organizations distributing securities to the investing public must honestly disclose their business situation, the securities being sold and the risks involved when investing.

Private placement activities are exempted from registration with the Securities Commission under the following regulations: The issuer conducts a private placement offering of securities worth US$1 million within a 12-month period, these securities are restricted from transfer and investors must hold them for at least 6 months or 1 year (depending on the type of issuer conducting the private placement); The issuer conducts a private placement offering of securities worth US$5 million within a

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