Dealing with Weak Commercial Banks in Restructuring the System of Credit Institutions in Vietnam using Consolidation, Merger, and Acquisition: The Change from Administrative Orders to Market Mechanisms

The analysis and description of the legal framework combined with the assessment of impacts in economic and social aspects show that dealing with a weak bank, whatever the cause is, is an expensive and unpleasant situation, with potential negative impacts on the financial system. Depending on the severity of the weakness, the State takes appropriate intervention measures. Vietnam's economy is characterized by a small scale; commercial banks account for a large number, and have a small scale; these banks' financial potentials are not strong enough to compete with large-scale commercial banks (are usually state-owned or have a control stock) or foreign-invested commercial banks which have both strong financial potential and modern management skills from their parent banks abroad. This is the cause leading to the increase of weak commercial banks that need to be handled to make the market healthy as well as to secure the capital for economic development. Based on the coordinated approach between economics and law, the paper points out limitations when handling weak commercial banks through consolidation, merger, acquisition, or compulsory transfer. To meet the safety requirements and not to cause a breakdown in the restructuring and handling of weak banks, administrative intervention measures through compulsory consolidation, merger, compulsory acquisition, or compulsory transfer are used quite effectively. In the current period, we have solved the weaknesses that need to be handled quickly and decisively. Therefore, organizational restructuring according to criteria of sustainability and market mechanisms should be quickly implemented, especially forming a legal framework allowing foreign investors to participate in mergers and acquisitions transactions in a clear, specific, and highly feasible way as well as research to realize the bankruptcy of commercial banks effectively.