_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNOR of the STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QĐ10 on 12/12/1997 and the law amending and supplementing some articles of the law on the State Bank of Vietnam number 10/2003/QH11 on 17/6/2003;

Pursuant to Decree No. 86/2002/ND-CP on 5/11/2002 of government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 52/2003/ND-CP dated 19/5/2003 of government functions, tasks, powers and structure of the State Bank of Vietnam;

At the suggestion of the transaction and the Director of the Organization Department;

After the reunification with the Minister of the Interior, the decision: article 1. Attached to this decision, "the regulation of organization and activity of State Bank".

Article 2. This decision has the effect after 15 days from the date The quote and replace decision No 38/1999/QD-NHNN9 on 21/01/1999 of the Governor of the State Bank of issuing organization and regulation of activity of the State Bank.

Article 3. Office Manager, Director of the Organization Department, Director of the Exchange, the heads of the relevant units in the State Bank is responsible for the implementation of this decision.

                                    

The Organization and regulation of activity of the State Bank (attached to decision No. 1136/2004/QĐ-NHNN dated Jan. 9, 2004 by Governor State Bank) chapter I General provisions article 1.  The Exchange is part of the Bank's organizational structure, functions to help the Governor made a number of central banking.

Article 2.  Transaction is dependent accounting units, have the accounts and balance sheet to seal the transaction under the provisions of the law.

Article 3. The Exchange operator is the Director, the Director has a number of Deputy Directors; The Director and the Deputy Director is appointed by the Governor. Organization and operation of the transaction made under the principle of democratic concentration and heads.

Chapter II the duties and powers of the State Bank of article 4.  The Exchange has the duties and powers below: 1-made open-market operations and credit operations of the Bank; as agent for the State Treasury according to the current rules, in particular: a-organization and participation in the session on the open market.

b-make the business agent for the State Treasury: organize and participate in the bidding for government bonds.

c-implementation of the credit operations of the Bank under the current rules, including:-make the refinance to banks according to the forms: loans under a credit profile; discount, discount negotiable and other papers; loans secured by commercial pledge slips and other valuable papers.

-Perform loans according to the object specified by the Government.

-Overnight loans; loans to credit institutions in the event of loss of ability to pay.

-Fee guarantee, the guarantee according to the regulations of the bank guarantee.

-Established business reports as prescribed.

d-make the advance for the State budget according to the provisions of the law.

DD-duty bidding Committee secretariat for government bonds, the Board of the open market operations or the other by the Board of Governors decided.

e-construction and guide the implementation of business processes, open market tender Credits State Bank votes, government bonds and other valuable documents; business processes discount of valuable papers loan, through the night and the other profession due to the Governor.

g-the bidding expenses; payment of government bonds and other paper types according to regulations; perform other related expenses as prescribed by the State.

h-held the retention, custody, maintenance and disposal of assets to pledge, valuable papers according to the prescribed regimes.

I-level and recovered Paper recognizes members for credit institutions participated in open market operations, professional auction Government bonds, Bank bills and other papers; code level tags, electronic signature code for members.

2. Open accounts and perform transactions with the State Treasury, credit institutions operating in Vietnam, foreign banks and financial institutions-international currency; implementation of the accounting profession in economic transaction, specifically: a-procedures for opening, closing, managing your account, deposit money in Vietnam and exchange of credit institutions, other institutions in the country under the current rules.

b-make the accounting profession deposits, the money in the Vietnam and foreign currency.

c-organization of accounting of the economic profession arises on the open market, government bonds, bills the State Bank, the papers have different price and inter-bank forex market.

d-perform accounting currency, cash in foreign currency and Vietnam Council of professional Fund according to the prescribed regimes.

-Computer and collect interest on deposits, borrowed money under the credit contract.

e-Computer and charged monthly deposit interest rate for credit institutions and state treasuries.

g-make the fee payment service through the Exchange State Bank under the current rules.

h-open account transactions in the securities trading center; organize accounting, custody types of valuable papers and perform transactions on the account opened at the stock Center.

I-business accounting organizations arise related to the foreign exchange reserves of the State and make the reports related to this profession.

k-accounting, record keeping, maintenance of safety checks, money template, bills, bonds and other valuable papers according to the regulations.

l-calculation, tracking, accounting value of assets to pledge, custody in Exchange for a fixed loan and overdraft limit overnight, net debt limit applies to low value payment in interbank electronic payment.

m-accounting, tracking the assets of State Bank on the term deposit account, non-term, investment trust and investment bonds, bills in foreign currency in foreign banks and international financial institutions.

n-test, compare your vouchers sent to foreign banks with the original documents; reviewing, handling the difference (if any).

p-track, urging the Finance Ministry repaid the original debt, interest rates and fees for the IMF for the loan of the Government.

q-held accounting-revenues business transaction according to the prescribed regimes.

3. implementation of business management and professional Forex sources do State Bank holds and sent abroad under the forms: deposits, bonds, bills, buying and selling of foreign currencies, gold and other investment forms as prescribed by the Governor in order to secure the property, meet the solvency and lucrative , specifically: a-management, monitoring the foreign exchange capital by holding transactions (Forex reserves Fund, Fund rates and gold price stabilization, the sources of foreign currency) to have suitable investment plan under the direction of the Board of the State foreign exchange reserve structure time limit, limit, and the type of investment.

b-transfer of capital between the agent bank to ensure the solvency and make lucrative investments.

c-make the purchase, the sale of foreign currency for immediate delivery for the purpose of converting the structure of foreign currency in the foreign exchange reserve fund, Fund rates and gold price stabilization.


d-make the purchase, the sale of foreign currency and other valuable papers for lucrative purposes within the limits allowed. Implementation of the new investment, monitoring the investments coming to term to continue the investment with interest benefit on the basis of the exchange of information about the market with foreign partners and review the happenings of daily deposit interest rates.

-review the contracts of investment trust of foreign partners, the head of the Board of the State foreign exchange reserve decided or reviewed, contracted investment trust within the authorized limit.

e-track implementation of the investment trust contract is in effect in order to ensure compliance with the commitments in the agreement.

g-report on the situation of the financial market developments in domestic and international currency to the Governor reported the Prime Minister and the ministries concerned by the regime.

h-Do periodic reports or the irregular course of the Governor, the Executive Committee about the content related to this profession.

4. Make Business Agency, specifically: a-set and implement Agency; monthly, quarterly or irregular reporting reviews credit ratings for the partners of the Bank.

b-in the limits stipulated by the Governor, determine limits apply to each partner of the investment transaction limit, buy, sell, custody limits, limits for each type of transaction.

c-track limits do apply to partner bank in investment transactions, buying, selling foreign currency and other business transactions on the international market.

d-considering the conditions and terms of each partner applying for State Bank of investment, payments, purchase, sell, Exchange and in other business transactions on the international market.

DD-short and medium-term studies about the economic situation, the currency of the country with the currency in the foreign exchange reserve structure to give forecasts about fluctuations in the exchange rate, the forecast direction change monetary policy of the Central Bank serves for business exchange and international payments of the Bank; daily news about happenings in rates, the interest rate of the relevant currency reserve structure to cater for business exchange of transaction.

e-track, timely grasp the happenings on the international currency markets to devise strategies for short term (every day, week, month, quarter) served for business currencies on the international market.

g-subscription contract provided the financial information services, global currency.

h-research business development Bank's Forex trading State.

5. implementation of international payment services, in particular: a-open, close, manage your account transactions, account payments, depository account with the Bank, other partners abroad.

b-send and receive transaction confirmation with the partner to ensure joints according to the transaction was made.

c-make money transfer payment to complete the purchase transaction, the sale of foreign currencies for investment transactions, deposits, buying, sell valuable papers on the international market and the interbank currency market; transfers by order of the Government, the commercial banks; transfer of bonds, contract transfer investment trust; transfer the money according to the commands of the Service Bureau in the State Bank; transfer of funds on the account of the State Bank in commercial banks in the country abroad.

d-track the funds paid to the State Bank since the partner make sure exactly according to the transaction was made or by order of the State Bank remittance or by third parties.

DD-currency account statements in all the foreign partner account relationship with the Bank.

e-tracking and payment of fees for the partners in the agreement.

g-Collection of principal and interest of the deposit term, not a term paper investments, papers and other investment trust contract to date.

h-tracking, check to make sure the partner banks perform the money transfer, payment and retention of securities for the State Bank for transactions on the international market and the interbank currency market; conduct the investigation when partner improperly ordered the State Bank to handle according to international practices.

I-choice partnership capable of ensuring implementation of the payment services, retention of securities for the State Bank.

k-keep track of your account mortgage, pledge to release the bonds of the Bank in Vietnam Brady Central America; track, calculate and inform the Ministry of finance to make payments of Vietnam pledge account fee at the U.S. Central Bank and pay interest on Coupon bonds because the Government of Vietnam to release payment to the party owning the bonds.

l-guarantee the operation of the system of international payments smoothly and safely at the request of the Committee to the international SWIFT; building key code system periodically by SWIFT and other security requirements. Study of application of the standard model, regularly updated standard electric model changes.

m-Made reports on international payment services according to regulations.

n-chaired and coordinated with the relevant unit made the SWIFT payment system at the request of SWIFT International Committee. Join SWIFT Committee of Vietnam.

p-code exchange with partners on the principle of ensuring absolute safety and secrecy.

q-Sign the documents related to tax exemption for the investments of the Bank in the foreign State.

6. Organize, operate and market participants Forex inter-bank, specifically: a The Governor recognizes members for credit institutions wishing to join the inter-bank foreign currency market.

b-monitor operation of the interbank currency market and the foreign exchange needs of the members, the notification to the Foreign Exchange Management Service said, at the same time the Governor decided interventions.

c-direct execution of transactions on the interbank exchange market (immediate delivery, futures, swaps, options and other derivatives business according to regulations of the Governor).

d-make the purchase, sell, exchange rates and intervention in order to implement monetary policy according to the direction of the Governor.

DD-determined rates buying, selling between Vietnam and foreign currency on the inter-bank foreign currency market to supply the relevant units and international financial institutions under the current rules.

e-report timely information and Governor for the functional unit of the happenings on the inter-bank foreign currency market to have advocates, the necessary interventions. Do the periodic reports and activities on currency market banks according to the prescribed regimes.

7. Follow Vietnam's contributions to equity in financial institutions-the international currency which Vietnam is a Member; made the statements, regulatory reports.

8. Implementation of the payment services, electronic money transfers and interbank e-payment, specifically: a-clue of electronic payment systems: banks set up and management of net debt limit applies for low value payments, supervision of clearing settlement system.

b-make the members of the mission system of interbank e-payment: money transfer, transfer money to go, inquiry, investigation, answered against the transfer of funds in accordance with the regulations.

c-implementation of electronic money transfer services in the State banking system: money transfer, transfer money to go, inquiry, investigation, answered against the transfer of funds according to the business processes.


d-make low-value payments, clearing settlement involved in interbank electronic payment.

-the deletion of the names of the members of the electronic payment system contact the bank overdraft rules violation, lending through the night and notice to the members, the provincial branch of the central cities know.

e-electronic funds transfer reporting and report the interbank e-payment according to the prescribed regimes.

g-management and security key codes used in electronic money transfers and interbank payments.

9. Perform currency-spending cash for the unit involved in the transaction account; professional fund management in Vietnam, foreign currency and other valuable papers in the transaction, in particular: a-balance the demand currency-spending cash to respond promptly, fully in cash to customers.

b-held currency-spending cash for the customer according to the business processes.

c-management, safety vault and the kind of valuable papers of his store in the Exchange.

10. Calculation determines the mandatory reserve deposits and required reserve managers of credit institutions, in particular: a-updated balance of deposits of credit institutions to open branches in the province, the central cities.

b-determine the number of mandatory reserve deposits, notice to the credit organization made in the States.

c-General balance of deposits of credit institutions in the whole system; calculate the average deposit balance of the credit organization, passed to the provincial branch of the central cities, where credit institutions are located to handle excess, the lack of mandatory reserves in May.

d-report on the implementation of the mandatory reserves of credit institutions under the current rules.

11. Implementation of the accounting report mode, statistics by the current provisions of the State and of State Bank: account balance reporting, foreign exchange and Vietnam Bronze sheet and other accounting reports according to the prescribed regimes.

12. Inspect, control and evaluate the operations arising at, in particular: a-do check, daily monitoring investment transactions, business on the international markets to ensure compliance with the regulations of the Governor.

b-check, periodic or irregular control every activity of the profession in order to prevent and limit risks, meet the requirements for safe assets.

c-check, daily monitoring of the work of international payment and fund business import export.

d-proposed measures to prevent risks in the face of the Exchange.

g-track, proposed with the transaction manager implementation of the recommendations of the audit, the inspection group.

13. Perform other duties assigned by the Governor.

Chapter III organization and administration article 5.  Organizational structure of the Bank are: 1. Trading Room;

2. International payments;

3. interbank payment Chamber;

4. Accounting;

Risk management and internal control (risk management);

Business money market;

7. Budget Rooms.

The Mission of the independent expert by the Director of the Exchange rules, asigned consistent with this regulation.

The working mode of the following independent expert mechanism associated with the organization.

Article 6. Duties and powers of the Director of transaction 1. Implementation and responsible individuals before the Governor on the face of the work of the transaction; program decisions, plans and measures for implementation of the tasks specified in this regulation.

2. Decide on the sale, purchase, investments in foreign currencies within the authorization of the Governor; sign the certificate from incurred in dealing with clients in the transaction of business; sign the estimate, settlement of financial income and the dispatch papers of transactions;  admit or order authorized the Governor to sign the text under the authority is the Governor delivered 3. Management and use of public servants under the hierarchy, the authorization of the Governor.

Article 7.  Duties and powers of Deputy Director of transaction 1. Help Director directing a number of areas of work as assigned by the Director and is responsible to the Director on the results of the work to be assigned.

Sign instead of the Director on administrative documents, the transaction documents as assigned by the Director.

When the absence of the Director, a Deputy Executive Director is authorized on behalf of the Executive Director addressed the work of the transaction, responsible jobs have settled and have to report back when the Director is present.

Chapter IV the terms of implementation of article 8. The amendments and supplements to this regulation by the State Bank Governor decided.