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The Decision 616/2003/qđ-Nhnn: Regulation On The Organization And Operation Of The Local Administration, The Board Of Control, Who Runs The People's Credit Funds

Original Language Title: Quyết định 614/2003/QĐ-NHNN: Ban hành Quy định về tổ chức và hoạt động của Hội dồng quản trị, Ban kiểm soát, Người điều hành quỹ tín dụng nhân dân

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The DECISION of the GOVERNOR of the STATE BANK issued the regulation on organization and operation of the Board, the Board of control, who runs the people's credit funds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNOR of the STATE BANK pursuant to the law the State Bank of Vietnam, The credit organization Law on 12/12/1997, pursuant to the law on cooperatives of 20/3/1996 , pursuant to Decree No. 86/2002/ND-CP on 05/11/2002 of government functions, tasks, powers and organizational structure of ministries, ministerial agencies, pursuant to Decree No. 48/2001/ND-CP on 13/8/2001 of the Government on the Organization and operation of people's Credit Fund, as proposed by the Director of the cooperative credit institutions decision: article 1. Attached to this decision the provisions about the Organization and operation of the Board, the Board of control, who runs the people's credit funds.
Article 2. This decision takes effect 15 days from the date The report.
Article 3. Office Manager, Director of the cooperative credit institutions, the heads of the relevant units in the State Bank of Vietnam, the Director of the State Bank branch, central cities, the Chairman and the members of the Management Board, the Chairman and members of the Supervisory Board , General Director of the Central People's Credit Fund, Director of the people's Credit Fund facility is responsible for the implementation of this decision.
 
RULES on ORGANIZATION and OPERATION of the BOARD, the BOARD of control, who RUNS the PEOPLE'S CREDIT FUNDS (issued decision No. 614/2003/QĐ-NHNN dated Jan. 16, 2003 of the Governor of the State Bank) chapter I GENERAL PROVISIONS article 1. Object and scope this regulation rules on organization and operation of the Board, the Board of control, who runs the Central People's Credit Fund and people's Credit Fund Facility (hereinafter referred to as the people's Credit Fund) are established and operate in accordance with the law of credit institutions and the provisions of other laws the view.
Article 2. The function of the Board, the Board of control, who runs the people's credit funds 1. The Board has the function of people's credit funds administration in accordance with the law, people's Credit Fund representatives to decide the issues on the Organization and operation of people's credit Funds (except for the issue of the jurisdiction of the Congress members).
2. Control Board is responsible for monitoring, checking every operation of people's credit Funds under the law and regulations of people's credit funds.
3. The people's credit Funds operating as General Manager or Director (hereinafter referred to as the people's Credit Fund Manager) who is responsible to the Board, before the law about the daily activities of the people's credit funds according to the tasks and powers assigned to it.
Article 3. Who was not a member of the Management Board, supervisory board member or Director of the people's credit Funds: 1. Are suffering prejudice criminal liability;
2. Has been convicted on charges of violating national security, violate possessed; the invasion order, economic management, 3. Has been convicted of other crimes that have not been deleted;
4. Has served as a member of the management board or the Director of an organization went bankrupt, except in the case prescribed in clause 2 Article 50 of the law on bankruptcy of enterprises;
5. Once the legal representatives of an organization suspended operations due to serious law violations;
6. Does not guarantee the standards of ethics, competence and qualifications as prescribed by the State Bank;
7. other provisions are not guaranteed by the Charter people's Credit Fund regulations;
Article 4. Father, mother, wife, husband, son, brother, siblings of the members of the Management Board, ceo (Director) is not a member Board, Chief Accountant of the same people's credit Funds.
Article 5.
1. members of the Management Board, the Supervisory Board members, people's Credit Fund Manager suspended activities in the following cases: a) Lost the capacity for civil acts;
b) is representative of the members is the legal ending legal personality;
c) subject to the provisions of one of the 1, 2, 3, 4, 5 article 3 of this regulation;
d) Is accepted for membership out of people's credit funds under the provisions of the Charter;
DD) is a member of the Congress members were expelled;
e) is the wild capital off members and the benefits, obligations of members for others;
g) is no longer a legal representative for the shares of the legal entity in the people's credit funds.
2. where the members of the Management Board, the Supervisory Board members, people's Credit Fund Manager suspended operation as prescribed in paragraph 1 of this article, the Board of the people's credit funds must submit a report immediately in writing with specific documentation about the State Bank (for the Central People's Credit Fund) , about the State of the Bank branch, the city (for the people's Credit Fund basis) and are responsible for the accuracy, the integrity of this report before the law, and processed according to the provisions of articles 15, 18, 25 of this regulation.
Article 6. Dismissed, mission 1. The Chairman and the other members of the Board, the Chairman and the other members of the Board of control, the people's Credit Fund Manager was dismissed, the papacy in the following cases: a) capacity for civil acts is limited, b) Has a petition to resign with reasonable;
c) subject to violation of clause 6, 7 article 3 and article 4 of this regulation;
d) violation of the provisions of the law of the State Bank and the people's Credit Fund regulations in the course of performing the duties, powers and Pharmacy Affairs;
DD) other cases are recorded in terms of people's credit funds by members of Congress of the decision.
2. The Chairman and the members of the Management Board, the Chairman and members of the Supervisory Board, Director of the people's Credit Fund after being dismissed, the mission should bear personal responsibility for his decisions in time took on that title.
Article 7. After the establishment of the Conference or Congress members, who are elected, the President and the other members of the Board, the Chairman and the other members of the Board of control, or is appointed Director of the people's credit funds are received and took charge of the work of the position is elected or appointed and are responsible before the law earlier, the Congress members; but the titles of Chairman and the other members of the Board, the Chairman and the other members of the Board of control, or is appointed Director of the people's credit funds legal effect only after being Governor of the State Bank of the medical standards or was Governor of the State Bank Commissioner Brigadier y. Chapter II SPECIFIC RULES 1. The BOARD of article 8. The Board 1. Chairman of the Board and the other members of the Board, established by Congress or the Congress members are directly elected, resignation and recall under secret ballot.
2. The number of members of the Board by the General Assembly members to decide, but a minimum of 3 people.
3. The term of the Board by the General Assembly of members and rules stated in the Charter of people's credit funds, but a minimum of 2 years and a maximum of 5 years.
4. members of the Management Board must be a member of the people's credit funds. For the people's credit fund to support the State's capital, the Agency management representation section which supports the State's elected representatives to join members of the Board of the people's credit funds.

5. The Board used the seal of the people's Credit Fund to perform its tasks.
Article 9. Duties and powers of the Board 1. Implementation of the resolutions of the Congress members.
2. Decide the issues on the Organization and operation of people's credit Funds (except for the issue of the jurisdiction of the Congress members).
3. appointment, dismissal of the Director, Deputy Director, Chief Accountant; decide the number of employees, organizational structure and the Professional Division of the people's credit funds.
4. Prepare the agenda of the Congress members and convened the Congress of Member.
5. Build the approach Congress members about wage for members of the Management Board, supervisory board, salary of the Director and the staff working at the people's credit funds.
6. Consider the initiation of new members, resolve the membership please out of people's credit Funds (except expels members) and to report to the General Assembly through members.
7. Handle the loan does not have the ability to recall and other losses under the provisions of the State.
8. Review and appraisal reported results of operations; financial settlement report; report on activities of the Board before submission to the General Assembly of members.
9. Perform other duties and powers prescribed by the law and regulations of people's credit funds.
Article 10. Chairman of the Management Board 1. Chairman of the Board is to represent the people's credit funds before the law.
2. The Chairman and the other members of the Board are not authorized for those who are not members of the Board perform the task, their powers.
3. The Chairman of the Board of the Central People's Credit Fund is not at the same time as the General Director of the Central People's Credit Fund.
Chairman of the Board of the people's credit funds can base at the same time as Director of the people's credit funds; part-time work due to people's Credit Fund Charter basis stipulated under the guidance of the State Bank.
Chairman of the Management Board are not simultaneously join the Board or join other credit institutions operating; private Board Chairman people's Credit Fund facility was to join the Board of the Central People's Credit Fund.
Article 11. Duties and powers of the Chairman of the Management Board 1. Convened and chaired the session of the Board.
2. Prepare the content, program and control the session to discuss and vote on the issue in the tasks and powers of the Board.
3. Monitor the implementation of the resolutions of the General Assembly members and the decision of the Board.
4. Urge and supervise the administration of the people's Credit Fund Manager.
5. Programming the work and assigned tasks to the members of the Board perform.
6. Sign the text under the jurisdiction of the Board.
7. When absent, the Chairman of the Management Board is authorized by a solid gold for a Board member to replace according to the regulations of work of the Board.
8. Perform other duties and powers prescribed by the law and regulations of people's credit funds.
Article 12. Duties and powers of Board members 1. Duties and powers prescribed by the law of the State Bank, Charter of people's credit Funds.
2. members of the Board to execute tasks as assigned by the Chairman of the Board.
3. Research, reviews the situation, results of operations and contribute to the building of the direction, planning of operations of people's credit Funds in each period.
4. To attend the sessions of the Board; discuss and vote on the matter in the content; bear personal responsibility before the law, Congress members and before the Board about his comments.
5. implementation of the resolutions of the General Assembly members and the decision of the Board.
6. Two thirds of the members of the Board and over have the right to request the Chairman of the Board to convene a meeting of the Board of the extraordinary session to handle the sudden work under the authority of the Board.
7. Observance of the rule of law, of the State Bank and the people's Credit Fund regulations.
Article 13. The Chairman and Board members are not paid that remuneration and are covered in other necessary expenses in the course of performing their duties. The level of remuneration decided by the Congress members.
Article 14. The meeting of the Management Board 1. The Board meetings at least once a month to consider and decide the issue of jurisdiction and responsibilities.
Where necessary, extraordinary session meeting in may at the suggestion of the Chairman of the Board or at least 2/3 (two thirds) of members of the Board, at the suggestion of the Head control or at least 2/3 (two thirds) of the Board of control members.
2. Meetings of the Board are considered valid when at least 2/3 (two thirds) of members of the Board attended. The Board operates under the collective principles and decided by majority. In the case of voting of the Board have equal number of votes, the vote of the voting there who chaired the meeting is decided.
3. The Chairman of the Board convened and chaired the sessions of the Board. The event convened meetings of the Board of the first recurring 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 recommended the Board to convene an extraordinary Congress of members within a period not to exceed 30 working days subsequent to reviewing the status of the members of the Board did not attend the meeting and take measures to handle.
4. The content and conclusions of each session of the Board must be recorded in the record book, the minutes 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 made in writing signed by the person who saved and stored together with the minutes of the session.
Article 15.
1. Within a period of not more than 15 working days from the day the President of the Board suspended the activity according to paragraph 1 article 5 of this regulation, the management board member responsible for the Organization of the meeting of the Board to elect a Board member (eligible , under current rules) to temporarily assume the duties of Chairman of the Board. The Board is the nearest member Congress decision and proceed with the procedure of dismissal, recall, elected Chairman of the Board according to the current rules.
2. The Chairman of the Board from the Presidency must have the send menu Board. Within 30 days of receipt of the application, the Board is meeting to consider, the closest members of Congress decision and proceed with the procedure of dismissal, recall, elected Chairman of the Board according to the current rules.

3. members of the Board wanted to resign must have sent the Board. The Board is meeting to consider, the closest members of Congress decision and proceed with the procedure of dismissal, recall of Board members under the current rules.
Article 16.
1. reduced case too a third of the members of the Board or not enough Board members to a minimum according to the provisions of the Charter, the people's credit funds within a period not exceeding 30 days from the date of non-full members of the Management Board in accordance , The Board must convene the Congress members to elect additional Board members.
2. in the case of missing other than prescribed in paragraph 1 of this article, the most recent members of the Congress will elect new Board members to replace members of the Board were dismissed, the papacy or supplement the missing members.
Section 2. CONTROL BOARD article 17. The organisation of the Supervisory Board 1. Control Board because Congress members are directly elected, resignation and recall under secret ballot.
2. Control Board members must be members of people's credit funds. For the people's credit fund to support the State's capital, the Agency management representation section which supports the State's elected representatives to join Board members control the people's credit funds.
3. Control Board members have a minimum of 3 people, of which at least must have a dedicated member. Control Board elected Chief Executive to the work of the Committee. For the people's Credit Fund Facility meet to qualify under the provisions of the State Bank can only elect a dedicated controllers. The number of supervisory board members by the Congress of Member Regulation and be recorded in terms of people's credit funds.
4. The term of the Board of control under the term of the Board.
Article 18.
1. In time not more than 15 working days from the date the Chief control of active suspensions according to paragraph 1 article 5 of this regulation, members of the Supervisory Board is responsible for the Organization of the meeting Control Board to elect a member of the Board of control, standard prescribed conditions was Chairman. The case of the people's Credit Fund facility only has a dedicated membership control, within 30 working days (from the date control staff were naturally lose) the Board proceed with convening the Congress members to vote controllers instead.
2. the Secretary of the Board of control wanted to resign as Chief must have single sent to the Board, within 15 days from the date of receipt, the Control Board is held to review the decision and elected head of regulatory control. The case of the people's Credit Fund facility only has a dedicated membership control, if want to resign control staff must have sent the Board, within 30 working days from the date of receiving the application, the Board undertook to convene the Congress members to vote controllers instead.
3. Members of the Board of control wanted to resign must have single sent to the Control Board to the nearest member Congress decided.
Article 19.
1. where the number of Board members is not enough control the minimum number of members under the provisions of the Charter of people's credit funds, within a period not exceeding 30 days of not enough members of the Board of control under the provisions, the Board must recommend the Board convene an extraordinary Congress of the members to elect additional members of the Board of control.
2. in the case of missing other than prescribed in paragraph 1 of this article, the most recent members of the Congress will elect new Board members to replace the Control Board members were dismissed, the papacy or supplement the missing members.
Article 20. Duties and powers of the Supervisory Board 1. Build the program, test plans, controlling and organizing the implementation of the program.
2. check, monitoring people's credit Funds operating under the law.
3. Inspect, supervise the observance of the Charter of people's credit funds, Congress members, the resolution of the Board.
4. check on finance, accounting, income distribution, handle the losses, using the funds of the people's credit funds, use of property and the support of the State and recommendations to remedy these violations (if available).
5. To receive and resolve complaints, accusations have h \ related to operation of people's credit Funds belonging to his jurisdiction.
6. the Secretary of the Board or Control Board representatives are to attend the meetings of the Board but does not participate in the voting. If there are other comments with the decision of the Board, be entitled to suggest to write his comments on the minutes of the session and was directly reported before the Congress members.
7. Is the right to ask the relevant people in the people's credit funds provided documents, books, documents and other necessary information for inspection, but not used in the document, that information on other purposes.
8. used the system check and internal audit (if any) of the people's credit funds to perform the duties of the Supervisory Board.
9. the preparation of the program and the convening of the Congress members when there is an abnormality in the following cases: a) When the Board does not fix or repair does not result in the violation of the law, the violation of the Charter and resolutions of the Congress members that the Control Board has requested.
b) When the Board did not convene an extraordinary Congress of the members at the request of a member under the rules to solve the problems outlined in the application.
10. Notice to the Board, the report before the General Assembly members and State Bank of control results; recommendations to the Board, the Director of the people's credit funds to remedy these shortcomings, the violations in the operation of people's credit Funds.
Article 21. Duties and powers of the Secretary of the Board of control 1. On behalf of the Board of supervisors convened and chaired the Congress extraordinary members as defined in clause 9 article 20 of this regulation.
2. Convene and preside the meeting Control Board.
3. the specific tasks assigned to each Member Board.
4. Responsible for Steering Committee members to implement the tasks and powers of the Control Board.
5. Recommendations of the Board meeting in extraordinary session to handle the cases of violation of the law, of rules and regulations of people's credit funds.
6. Authorization for an out of Control Board members took the job of head of Department in the period of absence.
7. Perform other duties and powers as prescribed by the Charter of people's credit funds.
Article 22. Duties and powers of the Control Board members 1. Join the vote, dismissed, Chief of mission control.
2. Examine, monitor, responsible for the areas assigned, at least once a month have written reports, results control for head control.
3. Timely detection and reporting to the Chief of control violations, the extraordinary events in the field are assigned cases, concealed or not timely recommendations dealt with the breach will have to jointly bear the responsibility.
4. is responsible to the Board, Congress members, before the law about the reviews and his conclusions about the accuracy of the figures, records related activities of people's credit Funds in the field is assigned.
5. Perform other powers and duties under the provisions of the Charter of people's credit funds.

Article 23. Dedicated members of the Supervisory Board are entitled to salary, the other members of the Board be entitled to remuneration according to the decision of the general meeting of members.
Category 3. DIRECTOR of the PEOPLE'S CREDIT FUND article 24.
1. The Director of the people's credit funds due the Board appointment, resignation and recall.
2. The time appointed by the Director with the term of the incumbent Board.
3. the Director of the people's Credit Fund is not involved in the economic organizations; do not join political organizations and leaders, local unions.
Article 25.
1. in case of the suspended Director of operations according to paragraph 1 article 5 of this regulation, the Management Board must be sent immediately to a Deputy Director (if available) or choose a professional Manager (if there is no professional manager then sent a professional officer) ensure the conditions as stipulated by the State Bank and not subject to the provisions of article 3 Article 4 of this regulation, ensuring the work of the Director and report immediately in writing to the Bank.
2. within a maximum of 30 working days from the date the Director suspended operations or have application for resignation is accepted, the Board should conduct the procedure of appointment of the new Director and the State Bank of the medical standards. 3. The case of the Director of violating provisions of the law, of the State Bank and the people's Credit Fund Charter, the Board has the right to temporarily suspend the right to Executive Director, and is now a Deputy Director of election (if available) or choose a professional Manager (if there is no professional manager then sent a professional officer) to ensure the prescribed conditions of the State Bank, not subject to the provisions of article 3, article 4 of this regulation took on the job of Executive Director and reported immediately in writing, proposals for handling violations, as well as Director with the State Bank to solve under the current rules.
4. During the Executive Director not yet State Bank standard of medicine, Chairman of the Board and the members of the Management Board, head of the Supervisory Board and the Supervisory Board members are responsible for monitoring the implementation of Executive Director operation of people's credit Funds as prescribed by law.
Article 26. Duties and powers of the Director of the people's credit funds 1. Responsible for all operating activities of people's credit Funds in accordance with the law, the Charter and the resolutions of the Congress members, the resolution of the Board.
2. Choose, recommend the Board appointed, dismissed the title Deputy Director (if any), Chief Accountant.
3. Hiring, discipline, for the retrenchment of employees working at people's credit Funds.
4. Sign the reports, documents, contracts, vouchers; the Board the report on the situation and the results of operation of people's credit Funds.
5. Directors are not members of the Board are to attend the meetings of the Board, be taking comments but not voting rights.
6. Preparation of activity reports, report, expected profit distribution, process, process risks (if any) and building toward next year's activities to the Board of review, the members of Congress.
7. Be refused to implement the unlawful decision, left the Charter and resolutions of the Congress, members of the Board and Chairman of the Board, and to report immediately to the State Bank to take measures to handle.
8. Perform other duties and rights under the law, people's Credit Fund regulations and the decision of the Board.
ITEM 4. The SEQUENCES, procedures, records and CHANGES to ELECTION, appointment, resignation and RECALL the CHAIRMAN of the BOARD, the MEMBERS of the MANAGEMENT BOARD, SUPERVISORY BOARD MEMBER, Director of the PEOPLE'S CREDIT FUND article 27.
1. A minimum of 30 days prior to conducting the Congress members to change the President of the Board, the members of the Management Board, the Supervisory Board members, the people's credit funds must have the written notice and guide the standards, conditions apply, the title Chairman of the Board , Member of the Management Board, the Supervisory Board members for the members of the people's credit funds to prepare the necessary procedures to join the nomination or candidate into the position on.
2. criminal history records (according to the attached model rules) of the person who is nominated or apply the title Chairman of the Board, the members of the Management Board, supervisory board members must be public notice to all the members attended the Congress members said before the vote.
3. Who is nominated or apply the title Chairman of the Board, the members of the Management Board, supervisory board members to be responsible before the law, Congress members on accuracy and honesty about the content of your resume profile.
Article 28.
1. The Governor of the State Bank for review and approval in writing or does not approve the change of Chairman of the Board, the members of the Management Board, the Supervisory Board members, the Director General of the Central People's Credit Fund 2. State Bank Governor authorized the Director of the State Bank branch, the city review and approval in writing or does not approve the change of Chairman of the Board, the members of the Management Board, supervisory board member, Director of the people's Credit Fund of local establishments.
3. the people's credit funds issued to change the President of the Board, the members of the Management Board, the Supervisory Board members, the Director after the written approval of the State Bank.
Article 29.
1. in case of change of Chairman of the Board, the members of the Management Board, supervisory board member, Director, people's Credit Fund established recommended records State Bank approved of the change. The records include: a) the Sheets of the Chairman of the Board to recommend changes to the Chairman of the Management Board, members of the Management Board, supervisory board member, Director of the people's credit Funds (which stated the reason for the change);
b) meeting minutes of the management board or the Supervisory Board about the change of the title of Chairman of the Board, the members of the Management Board, head of supervisory board members, supervisory board, Director of the people's credit Funds;
c) original application for resignation or replacement application of legal representative (if any);
d) affidavit (original) of the person to be expected is the Chairman of the Board, the members of the Management Board, the Supervisory Board members, the Director of the attached form;
DD) copy of the certificate, the certificate has to be certified by the person who is expected to be Chairman of the Board, the members of the Management Board, supervisory board member, Director;
e) other related documents.
2. During the period not exceeding 7 working days, counting from the day of receiving application regulations, State Bank review and reply in writing to approve or not to approve the change of Chairman of the Board, the members of the Management Board, the Supervisory Board members, managing people's Credit Fund ramps; the case of disapproval must clearly state the reason.
Article 30.
1. After the approval of the State Bank, the Board of the people's credit funds summon the Congress members to recall elected and dismissed, the titles of Chairman of the Board, the members of the Management Board, the Supervisory Board members or the Board of the meeting having decided to appoint the Executive Director.

2. in less than 15 working days from the date of the Congress members approved the resignation, recall and elected Chairman of the titles of the Management Board, members of the Management Board, supervisory board members or the Board has decided to appoint directors, the people's credit funds must complete a profile sent State Bank. The records include: a) the Sheets of the Chairman of the Board proposed to recall and dismissed, elected, appointed to the position of Chairman of the Board, the members of the Management Board, supervisory board member, Director;
b) resolutions of the General Assembly members about the dismissal, mission and elected to the position of Chairman of the Board, the members of the Management Board, members of the Control Board; Meeting minutes of the Board on the appointment of Directors;
c) affidavit (original) of the recommended medical standards Member titles are elected or appointed (form attached);
d) a copy of the degree has been accredited by the members recommended the standard of Medicine titles was elected or appointed;
DD) other relevant documents.
Article 31.
1. In time of not more than 10 working days from the date of receiving of application prescribed in clause 2 article 30 of this regulation, the State Bank has the responsibility to consider and decide on the medical standard titles (if the guarantee regulations) or writing to request additional people's credit funds the next tournament records. Than 30 days case work since the day the State Bank have written additional interpretation requirements next records which the Board of the people's Credit Fund is not complete required profile, the State Bank will not consider for the titles recommended standard of medicine.
2. Those who have been elected or appointed to hold office in the people's credit funds but not standard State Bank y will not be continuing to undertake your job titles are elected, appointed.
3. The members of the Management Board, supervisory board members left of the people's Credit Fund responsible members, before the law and the State Bank in the management, control and operation of people's credit Funds, and must urgently proceed immediately the procedure for dismissal , elected or appointed, the title is missing or incomplete according to the provisions of this regulation and the rules people's Credit Fund for the State Bank to review the medical standards. Chapter III Article 32 ENFORCEMENT TERMS. The amendment, supplement this regulation by the State Bank Governor decided.