Circular 31/2012/tt-Nhnn: Regulation On Cooperative Bank

Original Language Title: Thông tư 31/2012/TT-NHNN: Quy định về ngân hàng hợp tác xã

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CIRCULAR rules of cooperative bank _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to the law of business 60/2005/QH11 on November 29, 2005;
Cooperative Law base no. 18/2003/QH11 on November 26, 2003;
Pursuant to Decree No. 96/2008/ND-CP on August 26, 2008 Government's functions, tasks, powers and structure of the State Bank of Vietnam;
According to the recommendation of the Chief Inspector, the banking supervision;
The Governor of the State Bank of Vietnam regulations on the licensing, operation and organization, powers and responsibilities of the Cooperative Bank, chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the licensing, operation and organization of powers, the responsibility of the cooperative bank; order and procedure of transformation of the Central People's Credit Fund into the cooperative bank.
Article 2. Application object 1. Cooperative Bank.
2. the people's credit funds.
3. organizations and individuals related to the joining of establishment, licensing, organizational and operational powers and responsibilities of the cooperative bank.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the first membership Conference is the first meeting of the members of the Cooperative Bank, whose mission through: Cooperative Bank Charter; The project of establishing cooperative banks; Election of the Chairman and members of the Management Board, head of Department and member of the Board of supervisors first term; Decide on other matters related to the establishment of cooperative banks.
2. Which establish the membership number is the minimum capital to establish the membership when joining the cooperative bank.
3. Annual Fund is the annual amount of capital that members must contribute to maintain the membership.
Article 4. Licensing Authority 1. The State Bank of Vietnam (hereafter abbreviated as State Bank) is the competent body to consider the establishment, licensing and operation (hereafter abbreviated as licenses) for cooperative banks.
2. the Bank has the right to refuse to grant a licence if the suggested organization license does not meet the provisions of the law on credit institutions and this circular.
Article 5. The time limit for the operation, operation 1. The time limit for the operation of the cooperative bank a maximum of 99 (ninety-nine) years.
2. geographical activities of cooperative bank: on the territory of the Socialist Republic of Vietnam.
3. Cooperative Bank established branches, offices, business units in the country; Representative Office overseas after the Bank approved in writing.
Article 6. The nature and objectives of the Bank is the kind of cooperative credit institutions are organized according to cooperative models with the goal of mostly links, ensure the safety of the system through the financial support and monitor activities in the people's credit funds system. Works mainly automatic capital and implementation of banking activities for members as people's credit funds.
Article 7. Record-setting principles 1. Records suggest that licensed banks must be cooperative founded by Vietnamese.
2. for copies of the papers, the degree must be certified in accordance with the law.
Chapter II PROVISIONS on LICENSED category 1 LICENSING COOPERATIVE BANK article 8. Licensing conditions of cooperative bank 1. Have minimum capital equal to the level of capital in accordance with the Government at the time of establishment.
2. The members are the people's credit funds and other entities must meet the provisions of article 34 of this circular.
3. The Manager, executives and Board members have full control of these standards, the conditions prescribed in the credit institutions Act and articles 23, 24 and 25 of this circular.
4. The Charter consistent with the provisions of the law on credit institutions, the law on cooperatives and the other provisions of the relevant laws.
5. Has the project established, viable business plan in 3 (three) years.
6. the headquarters, infrastructure and information technology systems to ensure the activity of the cooperative bank.
Article 9. Records suggest licensing 1. Text proposed by the Chairman of the Licensing Board cooperative bank is expected to establish register (annex No. 3 to this circular).
2. Cooperative Bank Charter.
3. The project of establishing the Cooperative Bank, which stated: a) the need to establish cooperative bank;
b) Cooperative Bank Name, location based, duration of activity, capital formation, active content in accordance with the provisions of the law on credit institutions and this circular.
c) capital structure contributed by the members, which stated the members which is from 5% or more;
d) organization structure, personnel expected:-human resources organization chart;
-Management apparatus, control, administration, including: + the Board: the Chairman, the members of the Board;
+ Control Board: Chairman, members of the Control Board, Control Board members, who are dedicated;
+ The Director General, the Deputy Director, Chief Accountant, Branch Manager and equivalent titles as stipulated in the cooperative bank Charter;
DD) capacity of risk management: risk types expected to arise in the course of activities (credit risk, operational risk, market risk, liquidity risk, etc.) and preventive measures, to control the types of risks;
e): information technology-expected financial investment for information technology;
-The ability to apply information technologies, which stated: the time taken for technology investment; This type of technology is expected to apply; officials expected and the ability of officers in the application of information technology; ensure information systems can integrate and connect with the management system of the State Bank to provide information as required in the management of State banks;
g) development strategy, expand the network activity, providing and developing banking services (breakdown of services is expected to provide customer type, ...);
h) control system, internal audit:-principle of operation of the control system, internal audit;
-Internal regulations as specified in paragraph 2 to article 93 of law on credit institutions.
I) business plan expected in 12 years, the minimum must include: the expected results of business activities, the target minimum capital safety, indicators of performance and the ability to implement projects in each year.
4. Profile of the expected participation in the management, control and administration: a) staff expected to join the management, control and administration;
b) resumes (Appendix No. 1 to this circular), the criminal provisions of the law;
c) copy identity card or passport or other legal personal certificate;
d) public report related benefits as stipulated in article 118 business law;
DD) a copy of the proof qualifications, professional qualifications.
5. The profile of the members: a) the list of participants, which is on the Cooperative Bank, which has the following principal contents:-name and location of headquarters; License or certificate of registration; contributed capital, equity ratio, capital contribution period;
-Full name; permanent address; nationality; number, date of issue, where the granting of identity card or passport or other legal personal certificate for individuals is representative of capital contributions;
b) petition to join the cooperative bank members;
c) licence or business registration certificate or equivalent text (for legal entities are not credit institutions);
d) writing of the approvals for the authorized organization (except the people's credit fund) was established which cooperative bank (if any);
DD) Charter (for legal entities is not a credit institution) e) authorized representative text entities (including the representative shares) participate as members in the cooperative bank in accordance with the law;
g) certificates or passports or personal certificate of authorized representative of the legal person are not credit institutions capital contribution in cooperative bank;
h) A relevant person Declaration of membership is not the people's credit funds (annex No. 2 to this circular);
I) financial statements in next years proposed the creation of cooperative banking and financial report to the nearest time but not more than 90 days retroactively from the time of writing the proposal involved raising capital (for legal entities are not credit institutions);
k) stated Declaration of capital, number of shares held, the percentage share of each Member in other credit institutions.
6. Documents confirming the ownership or the right to use the legal location is headquartered.
7. Resolution of the Congress, the first member of the founding of the cooperative bank.
8. Resolutions of the General Assembly on the first member elected to the title of Chairman and members of the Management Board, head and members of the Control Board.
9. The decision of the Board on the appointment, the title Of Director of the cooperative bank.
Article 10. Licensing sequence 1. Cooperative Bank is expected to establish set 01 (a) the prescribed records back to article 7 and article 9 of this circular sent directly or by post on the State Bank (banking supervision, inspection).
2. within 30 days of receiving the proposed licensing records, State Bank (banking supervision, Inspector) has the text send cooperative bank is expected to establish confirmation got enough valid profile or additional requirements, complete the profile according to the regulations.
3. within 180 days from the date the confirmation text has got enough valid records, state-licensed bank or has a written refusal to license which stated the reason.
Article 11. Opened activities

1. Cooperative Bank was granted the license under the provisions of section I of chapter II of this circular to conduct of business registration, disclosure and reporting conditions for launching the activity according to the provisions of article 25 and article 26 of the law on credit institutions.
2. Cooperative Bank must send text directly or by post to the State Bank branch in the central cities, where Cooperative Bank headquarters informed of the condition of the opening of the activity specified in clause 1 of this article at least 15 days before the scheduled opening of the works.
Section 2 the TRANSFORMATION of the CENTRAL PEOPLE'S CREDIT FUND into the COOPERATIVE BANK article 12. The sequence and the evaluation of the proposal approval record conversion and license the cooperative bank 1. The Central People's credit fund to conduct the Congress transformed the Central People's Credit Fund into the Cooperative Bank (hereafter referred to as society converts) according to article 13 of this circular, making State Bank proposal to approve the switch according to article 14 of this circular.
2. In the time up to 60 days after the Bank approved the conversion of the Central People's Credit Fund into cooperative banking, the Central People's Credit Fund is organizing the Congress members to perform the following operations: a) through cooperative bank Charter.
b) Elected official titles of Chairman and members of the Management Board, the Chairman and members of the Control Board cooperative bank first term under list of nominees specified in paragraph 1 to article 21 of this circular.
c) through business projects in the first three years.
3. In the period up to 15 working days from the date the first member Congress, the Central People's Credit Fund must file a license Cooperative Bank as defined in article 16 of this circular.
4. Inspection bodies, banking supervision is responsible for receiving, evaluating the profile and the Governor of the State Bank to approve the conversions and permit cooperative banks.
Article 13. Conversion Conference 1. The General Assembly transformed the Central People's Credit Fund into the Cooperative Bank (hereafter referred to as society converts) by the Board of the Central People's Credit Fund convened. The Organization of the Congress in the form of switching the entire Congress members or delegates Congress member Central People's credit funds, how parliamentary quorum members go to Congress by the conversion of the Board of the Central People's Credit Fund decisions.
2. The General Assembly has the task of conversion: a conversion scheme) via the people's credit Funds into central cooperative bank. The project of converting the Central People's Credit Fund into the cooperative bank at a minimum must have the following:-the need to convert the Central People's Credit Fund into the cooperative bank;
-Name of the Cooperative Bank, headquarters locations, the time limit for operations, capital;
-Active content consistent with the provisions of the law on credit institutions and this circular;
-Organization, management and administration;
-The expected personnel list, which describes the details of qualifications, experience in the field of banking: + President and members of the Board;
+ Chief and member of the Supervisory Board;
+ General Manager.
b) passed the draft Charter the cooperative bank;
c) through the list of members of the cooperative bank.
Article 14. Profile, sequence, procedure to approve the conversion of the Central People's Credit Fund into the cooperative bank 1. After conversion, the Central People's Credit Fund established 01 (a) the records suggest the Central Bank approved the conversion of the Central People's Credit Fund into the Cooperative Bank, submitted directly or by post on the State Bank (banking supervision, inspection) , including: a) the text of the Chairman of the Board of the Central People's Credit Fund proposed State Bank approved the conversion of the Central People's Credit Fund into the cooperative bank;
b) conversion Congress meeting minutes;
c) resolutions of the General Assembly, in which minimal conversion has the following content:-through the project of converting the Central People's Credit Fund into the cooperative bank;
-Through the draft Charter the cooperative bank;
-List of members through cooperative bank.
d) project to convert the Central People's Credit Fund into the cooperative bank;
DD) Cooperative Bank Charter;
e) list member cooperative banks.
2. within 10 working days of receipt of a valid application, the State Bank has decided to approve the conversion of the Central People's Credit Fund into the cooperative bank.
Article 15. Licensing conditions of cooperative bank 1. Managers, executives and Board members have full control of the standard, under the conditions prescribed for the Central People's Credit Fund at the time of the conversion proposal.
2. The Charter consistent with the provisions of the law on credit institutions, the law on cooperatives and the other provisions of the relevant laws.
3. Headquarters, infrastructure and information technology, the system ensures that the Bank's activities.
Article 16. Recommended records licensed the cooperative bank 1. The text of the Chairman of the Board of the Central People's Credit Fund proposed project bank license cooperative bank;
2. Cooperative Bank Charter had been the first member Congress passed;
3. The Congress meeting minutes the first Member;
4. Resolution of the Congress members through, in which a minimum must have the following: a) through cooperative bank Charter;
b the official vote results) the titles of members of the Management Board, supervisory board members;
c) through the first 3-year business plans of the cooperative bank.
5. Member profile is the people's credit funds, including: list, location based, contributed capital.
6. Member profile is the other entity is not the people's credit Funds (if applicable): list, location based, contributed capital.
7. Documents confirming the ownership or rights to use legally headquartered location of cooperative bank.
8. The decision of the Board on the appointment, the title Of Director of the cooperative bank.
9. the first 3-year business plan adopted at the first members.
Article 17. Order and licensing procedures cooperative bank 1. Within 15 working days from the date of organization of the first member, the Central People's Credit Fund established 01 (a) record as defined in article 16 of this circular sent directly or by post on the State Bank (banking supervision, inspection).
2. within 10 working days of receipt of a valid application, the Bank decided to license.
Category 3 LICENSE and LICENSE FEE Article 18. License content 1. The license must have some content is mainly the following: a) the number of the licence; issuer; day, month, year;
b) Cooperative Bank: Name-the full name, short name by Vietnamese;
-The full name, short name in English (if available);
-Trade name (if any).
c) headquarters locations;
d) content, the scope of activities;
local activities);
e) capital;
g) active duration.
2. State Bank of specified content, scope of activities, active, active period in the license according to the form prescribed in annex 5 of this circular.
Article 19. Level permit fee 1. Licensing fees for cooperative banks are made according to the provisions of the law on fees.
2. Within a period of 15 (fifteen) working days from the date licensee, cooperative bank fees at State Bank.
3. the fees prescribed in paragraph 1 of this article are not deducted from the capital and are not refundable in any case.
Article 20. Use permit 1. The cooperative bank was licensed to use the correct names and correct functioning of the content specified in the licence, not conduct any business activity would in addition to banking activities, other business activities stated in the licence to be issued by the State Bank.
2. Cooperative Bank cannot be erased, buy, sell, transfer, lease, borrow the license.
3. where the lost licence, torn, burnt or destroyed under other forms of cooperative bank, must have text stating the reasons submitted directly or by post on the State Bank (banking supervision, inspection) to recommend the State Bank issued review copy license from the original book in accordance with the law. Within a period of 2 (two) days from the date of the proposed text, the State Bank review, copies from the original for the cooperative bank.
Chapter III of the MANAGEMENT BOARD, SUPERVISORY BOARD, GENERAL DIRECTOR of the COOPERATIVE BANK of article 21. Organization and operation of the Management Board, supervisory board, General Manager of 1. The Board of the cooperative bank is the Bank's administration cooperative have rights in the name of the cooperative bank to decide, done right, obligations of the Cooperative Bank, except the issues under the jurisdiction of the Congress members.
2. Control Board cooperative bank performs internal audit, control, evaluate the observance of the provisions of the law, the internal regulations, Charter and resolutions, decisions of the General Assembly, the members of the Board.
3. The Director General is the highest executive of the Cooperative Bank, responsible to the Board on the implementation of rights, obligations.
4. State Bank representatives support capital management of State cooperative banks meet the standards, the conditions in the credit institutions Act and this circular to the Congress members elected to the position of Chairman of the Management Board, head of the Supervisory Board , Member of the Management Board cum General Director of cooperative bank.

5. Organization and operation of the Management Board, supervisory board, General Director of the cooperative bank made under the provisions of the law on credit institutions and articles 22, 23, 24, 25, 26, 27 and 28 of this circular.
Article 22. Approved the tentative list of those elected, appointed members of the Management Board, the Supervisory Board members, the Director General 1. The expected list of those elected, appointed members of the Management Board, the Supervisory Board members, the Director General of the cooperative banks State Bank must be approved in writing before the vote, the appointment of this title. Those who are elected, appointed members of the Management Board, the Supervisory Board members, the Director General of the cooperative bank must be in a list has been approved by the State Bank.
2. Cooperative Bank must have written notice sent directly or by post to the State Bank (banking supervision, inspection) list of people who are elected, appointed to the position specified in paragraph 1 of this article within a period of 10 (ten) working days from the date of election , appointed.
Article 23. Standards for the Chairman, the members of the Management Board 1. Chairman of the Board must meet the following criteria: a) has time to work in the banking sector from 5 (five) years;
b) has previously held executive management or in an organization active in the banking sector from 2 (two) years;
c) Bachelor or above on one of specialisation in economics, finance, accounting, auditing, banking, law.
2. members of the Board must meet the following criteria: a) has time to work in the banking sector from 2 (two) years;
b) has previously held executive management or in an organization active in the banking sector from 1 (one) year;
c) Bachelor or above on one of specialisation in economics, finance, accounting, auditing, banking, law.
3. The Chairman, the members of the Board are not are the objects that are specified in article 33 and article 34 of the law on credit institutions.
Article 24. Standards for the Control Board members 1. Control Committee members must meet the following criteria: a) time in one of the areas of accounting, auditing, finance, Bank from 3 (three) years;
b) has a diploma from the University about a specialized in economics, finance, accounting, auditing, banking.
2. dedicated Control Board member must reside in the current time in Vietnam and not be at the same time position, other jobs in credit institutions or other businesses.
3. Control Board members are not objects that are specified in article 33 and article 34 of the law on credit institutions.
Article 25. Standards for Director General 1. Time the work in the banking sector from 5 (five) years;
2. Time has held executive management or in the Organization of activities in the banking sector from 3 (three) years;
3. Bachelor or above on one of specialisation in economics, finance, banking, business management, law.
4. Reside in Vietnam during the incumbent.
5. Not the objects that are specified in article 33 and article 34 of the law on credit institutions.
Article 26. Duties and powers of the Chairman of the Board President of the Management Board is the legal representative of the Cooperative Bank, is responsible for implementation of the duties and authority to: 1. Establish a program, plan of operation of the Board, assigned tasks, monitoring and general surveillance of the implementation of the members of the Board.
2. Prepare the contents, programs, convening and chairing the meetings of the Board, the general meeting of members.
3. Responsible to the Congress members and the Board about the work assigned.
4. Sign the text of the General Assembly and the members of the Board under the provisions of the legislation and the cooperative bank Charter.
5. the implementation of the rights and duties by the cooperative bank Charter provisions.
Article 27. Meetings of the Management Board 1. Meetings of the Board are valid when at least 2/3 (two thirds) of the Board members attending. The Board operates under the collective principles and decided by majority. In the case of voting that endorsed the vote and not vote to peer voting, the number of parties who presided over the meeting's decision.
2. where the Board meeting convened periodically for the first but not enough number of participants under the rules, the Chairman of the Management Board must convene the next meeting of the Board for the second time in less than 15 working days. After twice convened meetings of the Board are not enough participants, the Chairman of the Board has a responsibility to report the Congress members in the most recent member to Congress about the status of the members of the Board did not attend the meeting and take measures to handle.
3. The content and conclusions of each session of the Board must be recorded in the record book; the minutes of the meeting of the Board must be signed by the Chairperson and Secretary of the session. Chairperson and Secretary must jointly take responsibility for the accuracy and honesty of Board meeting minutes. Members of the Board have the right to reserve his comments, reserves are recorded in the minutes of the session.
Article 28. Duties and powers of the Secretary of the Board of control 1. Responsible for assigning and directing Board members control the implementation of the tasks and powers of the Control Board.
2. Programming, test plans, monitoring, monitoring the implementation of the specific mission of each Member.
3. Convening and chairing the meetings of the Supervisory Board.
4. Authorize a member of the Supervisory Board took the job of head of Department in the period of absence.
5. Recommendations of the Board meeting in extraordinary session to handle the cases of violation of law and cooperative bank Charter.
6. Convening and chairing the General Assembly extraordinary members as defined in paragraph 3 Article 37 of this circular.
7. Implementation of other powers and duties under the rules of the cooperative bank Charter.
Chapter IV LEGAL CAPITAL, CAPITAL, CAPITAL REPAYMENT and TRANSFER of the COOPERATIVE BANK of Article 29. Charter capital 1. Capital is the amount of capital in the Charter of the Cooperative Bank, including: a) capital of the people's credit fund members;
b) Capital support of the State;
c) capital of other legal entities.
2. Participants had not used the trust equity loan, under any form of capital contribution to the establishment of cooperative banks and must clearly identify resources, commitment, responsibility for the legality of the source of capital.
3. Which join established cooperative banks must adhere to the provisions of current legislation and ensure the following conditions: a) for legal entities are granted in the field of banking, securities, insurance: The capital contribution must adhere to the provisions of the relevant legislation;
b) with respect to legal entities active in business require capital: capital according to the maximum commitments do not exceed minus equity capital;
c) for other entities: equity under maximum commitment by equity minus the difference between the long-term investments and long-term debt (specific defined according to annex 4 of this circular).
Article 30. Forms of capital contributed Charter capital of the cooperative bank can be contributed by Vietnam and other properties.
Capital cases by other property must be a property has legal papers to prove ownership or the right to use (required property is served directly to the operation of the Cooperative Bank). The valuation and transfer of ownership of the property had been made under the current provisions of the law.
Article 31. Which join the cooperative bank 1. The level which defines the membership when joining the cooperative bank minimum is 10,000,000 (ten million) bronze.
2. The level of capital for the annual cooperative bank member a minimum of 1,000,000 (one million) bronze.
The level of capital contributed by the members of Congress specifically decided. The Member cooperative banks not raising capital in the first fiscal year since the inaugural activities conducted. The annual capital contribution must be completed at the latest within a period of 30 (thirty) days from the end of the Congress members.
3. The total capital (including capital, defines the membership and annual Fund) a member's maximum (including funds received the transfer) by the Congress members and decisions are recorded to the cooperative bank charters, but do not exceed 30% of the Charter capital of the cooperative bank at the time of capital contribution and assignee , except for the capital of the State in cooperative bank.
Article 32. Interest rate the interest rate divided by The split method under equity (capital, defines the membership and annual Fund), the level of use of the services of the cooperative bank because Congress members decide and in accordance with the provisions of the law.
Article 33. Transfer, capital repayment 1. The transfer of the capital contributed by a member as follows: a) members are the people's credit funds: just assign one of his shares (but must maintain capital levels, defines the membership and annual fund minimum) for the other entities that meet the conditions specified in article 34 of this circular;
b) membership is not the people's credit funds: assign the whole or part of his capital for the other entities that meet the conditions specified in this circular 34 again. The transfer of a shares, the Member must maintain capital levels, defines the membership and annual minimum capital prescribed in article 31 of this circular.
2. Upon the termination of the membership under the provisions of article 35 of this circular, which are transferable membership, rights and obligations to another entity or are returned to the capital, the equity interest (if any) and other benefits under the provisions of paragraph 4 of this Article.

3. Upon the termination of the membership, the transfer of capital for the other entity must satisfy the conditions prescribed in article 34 of this circular.
4. The capital repayment, interest on capital (if any) for members are based on the financial status of cooperative bank when settlement last year and can only be considered when meet the following conditions: a) does not reduce the Charter capital of the cooperative bank down below the capital;
b) does not lead to violation of the safe minimum capital ratio according to the regulations of the Bank;
c) ensure liquidity at that time;
d) solving members have financial obligations for cooperative banks including:-Has the full repayment of the loan debt (both principal and interest);
-Have full reimbursement account losses are liable or jointly responsible;
-Has handled the account in the business, the worries of risk in the operation corresponding to the ratio which that same Member is responsible according to the decision of the general meeting of members.
5. The refund, transfer the entire equity of membership must be members of Congress through.
Chapter V PROVISIONS on MEMBER COOPERATIVE BANKS Article 34. Conditions for becoming a member 1. For the people's credit funds and organizations other credit: not subject to application of the special control prescribed in paragraph 3 to article 146 of the credit organization Law at the time of the proposal involved is a member.
2. for other entities: doing business with interest in the adjacent year in proposed joining as members.
3. The objects specified in paragraphs 1, 2 of this must contribute sufficient capital as defined in article 31 of this circular, must have the petition and election of representative participation.
Article 35. Termination of membership a member cooperative bank terminated the membership when: 1. Membership termination of legal personality.
2. members are not legal people's credit Funds: a) no representative is eligible under the rules of law and cooperative bank Charter;
b) Not enough annual capital prescribed in item 2 article 31 of this circular;
c) has to transfer his shares to the other entity as specified in paragraph 1 to article 33 of this circular.
3. members are approved members of Congress or members of Congress were expelled out of the cooperative bank in accordance with the law and the Statute of the cooperative bank.
Chapter VI the CONGRESS of MEMBER COOPERATIVE BANKS Article 36. The first members of Congress the Congress is the first member of the whole Conference or of the representation of the members of the cooperative bank to perform a minimum of the following: 1. Through the project of establishing cooperative banks.
2. Through the cooperative bank Charter.
3. Election of the Chairman and titles of the members of the Management Board, the Chairman and members of the Control Board cooperative bank first term under list of nominees specified in paragraph 1 to article 21 of this circular.
4. Through business projects in the first three years.
Article 37. The Congress of Member cooperative banks 1. The General Assembly of members is the Agency has the power of the cooperative bank to perform the tasks and powers under the provisions of article 80 of the law of credit institutions.
2. The Congress members to meetings once a year by the Management Board to convene within a period of 3 (three) months from the end of the financial year.
3. extraordinary meeting of the members of Congress in the following cases: a) the Board convene if deem it necessary in the interests of the cooperative bank or at the request in writing of at least 1/3 (one third) of the total membership;
b) at the request of the Control Board according to the provisions in paragraph 6 to article 84 law on credit institutions;
c) at the request of the State Bank in the event of events affecting the safe operation of the cooperative bank;
d) other circumstances as stipulated in the cooperative bank Charter.
Within 15 (fifteen) days of receiving the written request of members Congress held at least 1/3 (one third) of the total number of members, if the Board did not proceed to convene the General Assembly of members, the members requested the Organization of the Congress members have written asking Congress Organization members may suggest the State Bank oversee the Organization and conduct of the meeting if necessary.
Article 38. The authority of the Congress of Member Congress member cooperative banks have the authority to discuss and decide on the following: 1. Report the results yearly operations; Annual report of the Board, the Board of control.
2. Recommendations on the distribution of profit.
3. Orientation of business activities in the coming year.
4. The increase in capital, reduction in capital contribution level of membership.
5. the Elected, appointed, dismissed the President and other members of the Board, the Chairman and the other members of the Control Board.
6. List of enrollment of new members; the expelled members out of the cooperative bank as proposed by the Board.
7. The amendments and supplements the cooperative bank Charter.
8. The dissolution, bankruptcy cooperative bank.
9. Other content due to the Management Board, supervisory board or at least 1/3 (every third) total cooperative bank members suggested.
Article 39. Organization of members 1. The Congress of Member cooperative banks may hold the form of the whole Congress members or members of Congress (Congress members).
2. plenary Congress members or delegates Congress member cooperative banks have the same powers, duties. Based on fact, the Board decided on how to organize the Congress of Member, how elected, the number of delegates attending the Congress members in each of the Member States.
3. The number of representatives of members are summoned to attend non-member Congress is lower than 20% of the total membership.
4. The Congress members are considered valid when at least 2/3 (two thirds) of members or representatives of members are summoned to attend the meeting.
5. where the number of members (delegates) attending not enough according to the provisions of paragraph 4 of this Article, the management board or supervisory board to postpone the Congress members and convened again within 30 (thirty) days from the date the postponed general meeting of members (for the annual members Conference deferment period, and summoned back do not exceed term of organization members prescribed in clause 2 Article 37 of this circular).
6. The decision to modify, complement the Charter, dissolution, bankruptcy or cooperative banks only passed when there is the least above 3/4 (three-fourths) of the number of members or delegates members present at the General Assembly members voted approval.
7. The decision on the issue was passed when there on the 1/2 (part two) the total number of deputies in the Congress of Member voting approval.
8. the voting at the Congress members does not depend on the amount of capital contributed or the position of the members of the cooperative bank. Each Member has only one vote. Voting delegate members correspond to the number of members that delegates representing members.
Article 40. The notice convening the Congress members to convene the Congress members must submit reporting to individual members or representatives of members at the latest within 7 (seven) working days before the opening day if the Statute cooperative banks not regulated time limit. Reporting to have time, location, content, agenda and the discussion document.
Chapter VII OPERATION of COOPERATIVE BANK Article 41. Works for the people's credit funds of members 1. Open deposit accounts to the members as people's credit funds.
2. receiving deposits, loan capital conditioner for the people's credit fund members according to the harmonic regulation which the Board Cooperative Bank through and be public to all of the people's credit fund members. The content of the bylaws regulate which should include the following principles: a) the idle Fund of people's credit fund member must send a deposit account at the Bank which conditioner cooperatives and be maintained at a minimum level because of the Congress of Member cooperative bank regulations.
b) people's Credit Fund members are cooperative lending bank to regulate capital when there is a temporary difficulty or demand of liquidity;
c) mechanism of loan and deposit interest rates to regulate clear capital, transparency; ensure computer assistance between members in the system contributes to enhance the links, security of the system, not for profit.
d) provisions on the conditions, procedures, records relating to the break-even thing.
3. The construction, development and application of the product, the new services in the operation of people's credit fund to meet the needs of members of the people's credit fund members and serve the development of local community interests.
4. Perform other banking activities under the provisions of the law for the people's credit fund members.
Article 42. Activities for customers is not the people's credit funds of members 1. Cooperative Bank made some banking activities, other business activities as defined in section 2 of chapter IV of the law of credit institutions after the Bank approved in writing.
2. Cooperative Bank lending to customers is not the people's credit fund when members have priority to meet the needs of the Fund's capital conditioner people credit for members.
3. where necessary, the State Bank regulation restricting the level of credit cooperative bank for customers is not the people's Credit Fund members.
43 things. Apply the safety rules in the banking Cooperative Bank implemented the regulation of safety in the operation of the Bank in accordance with the law of credit institutions and the specific instructions of the State Bank.
Chapter VIII the POWERS and RESPONSIBILITIES of the COOPERATIVE BANK of PEOPLE'S CREDIT FUNDS with RESPECT to Article 44. Powers

1. Access to the information system of the State Bank to collect information related to the operation of people's credit funds.
2. to request the people's credit funds provided the report served the purpose to regulate capital and secure monitoring system.
3. check, business activity monitoring, the implementation of the regulations on the safety of the people's credit funds.
4. Auditing, guide and support the internal audit of the people's credit fund members.
5. join comments on personnel of the people's credit funds before the people's credit fund to conduct the election, appointed to the position of members of the Management Board, supervisory board, Director of the people's credit funds.
Article 45. Responsible for 1. Tutorials, training, banking and information technology for people's credit fund members.
2. Supports the activities of the Bank for the people's credit fund members under the provisions of the law.
3. Join the handle people's credit fund for members having trouble or have signs of loss of safety in operation.
4. deposit management system which regulates people's credit funds.
5. other responsibilities under the provisions of the Charter and the law.
Chapter IX IMPLEMENTATION Article 46. The Agency's responsibility to inspect, monitor Bank 1. Is the clue handle bottlenecks in the process of implementation of this circular.
2. Coordination with other units of the State Bank of development, the organization performing the evaluation application for licensing, cooperative bank has recommended the State Bank Governor, decided to review the licensing of cooperative bank.
3. Hosted, in cooperation with the relevant units to perform the inspection, monitoring the activity of the cooperative bank.
4. Provide information, figures for the organs, functional unit about the operation of the Cooperative Bank, the observance of the legal provisions related to the operation of the cooperative bank.
Article 47. The responsibilities of the units belonging to State Bank 1. Monitor, in coordination with the Ombudsman, the Agency overseeing the Bank to manage the operation of the cooperative bank in the range of functions and powers.
2. where necessary, engaging in cooperation with inspectors, the Agency overseeing the Bank appraisal licensing records established cooperative bank under the guidance of the Chairman of the authority.
Chapter X TERMS Enacted 48. Transitional provisions 1. Cooperative Bank of inheriting and continuing implementation of all the rights and obligations, as well as legitimate is responsible for handling all existence, arising from the Central People's Credit Fund in accordance with the provisions of the law of credit institutions and the rule of law are concerned.
2. Cooperative Bank and the customers continue to perform the contract, the transaction is concluded between the Central People's Credit Fund and the customer are valid until the expiration of the contract according to the agreement. The amendment, Supplement, termination of the contract, the transaction is made on the basis of the unity of the party, in accordance with the provisions of the law of credit institutions and the rule of law are concerned.
Article 49. Effective enforcement of this circular in force from January 1, 2013.
Article 50. Organizing Chief, Chief Inspector, bank supervision, heads of units of the State Bank, Director of the State Bank branch in the province, central cities, the Chairman and the members of the Management Board, the Chairman and members of the Board, General Director of the cooperative bank , the Organization, the individual concerned is responsible for the implementation of the circular.