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The Decree 99/2008/nd-Cp: Functions, Tasks, Powers And Structure Of The State Bank Of Vietnam

Original Language Title: Nghị định 96/2008/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law the State Bank of Vietnam on December 12, 1997 and amended Laws, supplementing a number of articles of the law on the State Bank of Vietnam on 17 June 2003;

Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

The Governor's proposal the State Bank of Vietnam, the DECREE: article 1. The position and function of the State Bank of Vietnam (hereinafter referred to as the Bank) is the ministerial body of the Government, performing State management functions on currency, banking activities and functions of the Central Bank of the Republic of Vietnam Socialist; governance of public services in the scope of management of the Bank.

Article 2. Duties and powers of State Bank performs the duties and powers stipulated in Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. Process of Government bills, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly; draft decree of the Government under the program, plans to build the law of the State Bank has been approved and the project, the project as assigned by the Government, the Prime Minister.

2. The Prime strategy, planning, long term development plans, five year, annually; national target programs, programs of action and projects, important work in the banking sector; the draft decisions, directives and other documents under the authority of Executive direction of the Prime Minister under the provisions of the law.

3. Issuing circulars, directives, decisions in the field of management of the Bank.

4. Instruction, tutorial, testing and implementation of laws, strategies, planning, programs, projects, important works in the scope of management of the Bank has been approved; information, advocacy, education, common law in the field of governance of the State Bank.

5. project construction of national monetary policies, the Government to the National Assembly; using interest rate, exchange rate, reserve, open market operations and other tools to make the national currency policy; the Government project to develop the banking system and the credit institution.

6. Granted, revoked the licenses of establishment and operation of credit institutions, unless otherwise decided by the Prime Minister; granted, revoked the license of Bank activities with other organizations; the decision to dissolve, name changes and approved the split, split, merge, merged credit institutions; guidance on the conditions of establishment and operation of credit institutions in accordance with the law.

7. test, inspection, monitoring of banking activities; credit control; handle the violations of law in the field of money and banking activities under the provisions of the law.

8. Foreign Exchange Management: a) transactional transactions management, capital transactions, Forex use on the territory of Vietnam under the rule of law;

b) determine the foreign exchange reserves of the State; control international reserves;

c) determine rates between Vietnam and foreign currencies; Organization and development of foreign exchange market; construction of the mechanism of the prime rate.

9. Building On international balance of payments: a) income, General, founding, forecast and monitor the implementation of the international balance of payments of Vietnam; report the implementation of the international balance of payments of Vietnam under the provisions of the law.

b) Do clue provides balance of payments statistics of Vietnam for international and foreign organizations under the provisions of the law.

10. On the management of the loans, repayment of foreign residents is economic organizations, institutions and individuals in accordance with the law: a) implement state management for the repayment of foreign loans, businesses, other organizations in the public sector; monitor, monitor the repayment of foreign loans, the private sector; instructions and check the guarantee foreign loans of commercial banks and other institutions are allowed to guarantee foreign loans granted under the provisions of the law;

b) presiding, in cooperation with relevant agencies to build foreign commercial borrowing limit of enterprises and organizations in the public sector and the forecast level of annual foreign borrowing by the private sector in both countries send synthetic Finance Ministry to the Prime Minister for approval;

c) presiding, in cooperation with the Ministry of finance borrowing limits operating foreign trade enterprise's yearly, other organizations have been approved by the Prime Minister;

d) summing of the loan, the repayment of foreign enterprises, other organizations in the public sector and the private sector; the Prime Minister's report, and sent the Ministry of finance to the General synthesis of the situation of the loan, the repayment of the country's annual foreign;

DD) Organization and guide the foreign loans registration of enterprises and organizations in the public sector and the private sector (including government loan guarantees);

e) currency flow monitoring related to loan activities, foreign debt servicing for the synthesis of international balance of payments, monetary policy operating and foreign exchange management;

g) set up an early warning system about the risk of debt from the business sector;

h) perform the duties and powers of the management of foreign debt, loans under the provisions of the law.

11. On the management of lending and debt collection, the Government's overseas economic organizations, credit institutions: a) in coordination with the Finance Ministry and the Prime Minister decides the level, resources, forms, objects, loan management and recovery of external debt of the Government;

b) prescribing conditions, objects, forms and mechanisms to manage lending, debt collection for foreign residents is the credit institution;

c) prescribing conditions, procedures, process and the Prime Minister decided to allow residents of economic organization is lending, debt collection;

d) perform the duties and powers of the loans and foreign debt recovery under the provisions of the law.

12. phám, talks about the signing, joining international treaties about the currency and banking activities: a) in collaboration with the relevant agencies to prepare content, conduct negotiations, signing of or accession to international treaties under the authorization of the Government on ODA with the World Bank (World Bank-WB) The Asian Development Bank (ADB-Asian Develoment Bank), the International Monetary Fund (IMF, the International Monetary Fund –);

b) General periodically and inform the Ministry of finance, the Ministry of planning and investment, the agencies are concerned about the situation of funds and payments through the system account of the program, projects using ODA opened at the Bank.

13. the representative of the Socialist Republic of Vietnam at the Bank and the international monetary organization under the authorization of the President, the Government: a) perform functions for members in the International Monetary Fund (IMF), World Bank (WB), the Asian Development Bank (ADB), the International Investment Bank (International Investment Bank-IIB) Bank for international economic cooperation (International Bank For Economic Cooperation-IBEC);

b) as the focal point to coordinate with the ministries involved in the implementation of the Charter, the policies of the IMF, WB, ADB, IIB, IBEC and the program of macroeconomic stabilization by the IMF, WB, ADB made in Vietnam; provide information, data periodically or irregularly according to the provisions of the above-mentioned organizations; the proposal with the Government, Prime Minister of the Government policies and measures to develop and expand partnerships with the institutions mentioned above.

14. Regarding the implementation of central banking: a) held in, casting, preservation, transportation of money; professional implementation issue, revoke, replace and destruction of money;

b) make refinancing to provide short-term credit and liquidity for the economy;

c) operating currency market; implementation of open market operations;

d) held bank payment system; State management for payment operations; the provision of payment services; implementation of policies to encourage and expand and develop non cash payment after it is approved by the authority;

DD) as agent and perform banking services for the State Treasury;

e) Organization of information systems and services of the bank information; manage the active organization of credit information; analysis of Vietnam business credit ratings;

g) perform the other business of the Central Bank.

15. The decision of approval and implementation of investment projects in the authority; evaluation and checking the implementation of investment projects in the banking sector under the provisions of the law.

16. financial management, assets are allocated according to the provisions of the law; used deductions from operating revenues professional service on Forex, currency and banking operations to serve professional service under the provisions of the law.

17. Implementation of the international cooperation in the field of money and banking activities under the provisions of the law.

18. The organization and direction of scientific research and application progress of science, technology and environment protection in the banking sector under the provisions of the law.

19. the decisions undertakings, specific measures and directs the implementation of the mechanism of action of public service institutions in monetary field and banking operations; manages and directs activities for career institutions under the authority prescribed by law;

20. the representative made the owner of the State's stake in State enterprises: a) construction project to establish, organize, reorganize, converted owned State enterprise in the scope of management of the State Bank of the Prime Minister for approval and direction made after the project is approved;


b) approved by the authority or the Prime Minister approved the Charter of organization and activity of State enterprises operating in the banking sector;

c) The Prime Minister appointed or appointed under the authority of the Office of members of the Board, General Manager, Deputy General Manager of the State-owned credit institutions, other State enterprises in the scope of management of the Bank.

21. The instructions and check the activities of non-governmental organizations in the field of industry, in the scope of management of the Bank; handle or recommendations with the competent State agencies handled the violations of the law of the non-governmental organizations, in accordance with the law.

22. The inspection, inspection, complaints, accusations, handle the violations of law in the field of money and banking activities in the jurisdiction; Prevention of corruption, bureaucracy, negative, authoritarianism; the practice of saving, against waste in accordance with the law.

23. Decision and steer the programme of administrative reform of the Central Bank according to the aim and content of the administrative reform program of the Government and the direction of the Prime Minister; decisions and steer the work, modernisation of public office and the application of information technology in service activity of the State Bank.

24. quota management specialized officer public officials, in the banking sector;

a) held grade officers; issued professional standards officer ranks are assigned, decentralized management under the provisions of the law;

b) built to professional standards, the overall volume of public officials in the banking sector to the Interior Ministry.

25. organizational management, payroll; recruitment, training, refresher, use, appointment, resignation, maneuver, rotation, retirement regimes, rewards, discipline, salary and other policy regimes for public servants in the scope of management of the Bank.

26. The Prime issue of salaries, recruitment and use of officers, civil servants, public employees consistent with the particularities of the State Bank.

27. the implementation of the tasks of other powers by the Government, the Prime Minister and in accordance with the law.

Article 3. Organizational structure 1. Monetary policy 2. Forex management 3. Service payment.

4. Service credits.

5. Service forecasting, monetary statistics.

6. international cooperation.

7. the internal audit Service.

8. Service legislation;

9. Financial-accounting.

10. Service personnel.

11. Service emulation-rewarded.

12. The Office.

13. Department of information technology.

14. The Bureau released and Vault.

15. The Department of management.

16. The Exchange.

17. The Agency inspection, supervision of the Bank.

18. The branch in the province, the central cities.

19. Representative Office in Ho Chi Minh City.

20. The Institute of Bank strategy.

21. Credit Information Center.

22. the time of bank statements.

23. The banking magazine.

24. Bank officers training School.

The institutions from clause 1 to clause 19 this is the organization that helps the State Bank Governor make state management functions and function of the Central Bank; the organization from 20 to 24 account this account is held by the State Bank in career.

The organizations in the organizational structure of the State Bank was held in the room; The Bureau released the vault, and the Bureau of information technology have a Bureau in Ho Chi Minh City.

The Governor of the State Bank of the Prime Minister issued decision functions, tasks, powers and organisational structure of the Agency inspectors, bank supervision and the decision issued a list of other business units in the State Bank.

Article 4. Effect 1. The Decree has effect after 15 days from the date The report and replacing Decree No. 52/2003/ND-CP dated 19 May 2003 from the Government functions, tasks, powers and structure of the State Bank of Vietnam.

2. Annuls the previous provisions contrary to this Decree.

Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.