Decision No. 1127/2004/QĐ-NHNN on Issuing the Regulation on Organization and Operation of the Legal Department

Pursuant to …;

Regarding the issuance of the Regulation on the Organization and Operation of the Legal Department

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GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997 and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated June 17, 2003;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

Pursuant to Decree No. 52/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal department organization of Ministries, ministerial-level agencies, government-affiliated agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;

Based on the proposal of the Head of the Legal Department and the Head of the Organizational and Cadre Affairs Department;

After reaching agreement with the Minister of Internal Affairs,

DECISION:

Article 1. This Decision promulgates the "Regulation on the Organization and Operation of the Legal Department" attached hereto.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 412/1999/QĐ-NHNN dated November 17, 1999 of the Governor of the State Bank regarding the issuance of the Regulation on the Organization and Operation of the Legal Department.

Article 3. The Director of the Office, the Heads of the Organizational and Cadre Affairs Department and the Legal Department, and the Heads of relevant units under the State Bank shall be responsible for implementing this Decision.

REGULATIONS

Organization and operation of the Legal Department

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(Attached to Decision No. 1127/2004/QĐ-NHNN dated September 9, 2004 of the Governor of the State Bank)

PART I

GENERAL PROVISIONS

Article 1. The Legal Department is a unit within the organizational structure of the State Bank, with the function of advising the Governor to implement state management through law and to strengthen socialist rule of law in the banking sector.

Article 2. The Legal Department is headed by the Department Head, assisted by several Deputy Department Heads; the Department Head and Deputy Department Heads are appointed by the Governor. The organization and operation of the Legal Department are carried out according to the principle of centralized democracy and the chief executive system.

Chapter II

TASKS AND POWERS OF THE LEGAL DEPARTMENT

Article 3. The Legal Department has the following tasks and powers:

1. In legislative work:

a. Drafting and submitting to the Governor the annual and long-term program for building laws of the State Bank; advising the Governor to submit to the Government the proposed program for building laws, ordinances, resolutions, decrees annually in accordance with the management requirements of the State Bank; serving as the focal point to coordinate with units to implement the program for building laws after approval by the competent authority.

b. Taking the lead in drafting or participating with units under the State Bank in drafting normative legal documents in the banking field according to the division of labor by the Governor.

c. Reviewing or providing legal opinions on draft normative legal documents before units submit them to the Governor for issuance or to competent authorities for issuance.

d. Serving as the focal point to assist the Governor in organizing the development of projects for laws and ordinances on currency and banking activities.

đ. Taking the lead and coordinating with related units to advise the Governor on providing opinions on draft normative legal documents sent by Ministries, ministerial-level agencies, government-affiliated agencies, or localities for comments.

e. Taking the lead and coordinating with related units to prepare files on draft normative legal documents for the Governor to request organizations and agencies to provide comments, to request the Ministry of Justice to review, and to submit to the Government and the Prime Minister.

g. Guiding units to comply with the procedures for issuing normative legal documents.

2. In the work of reviewing and systematizing normative legal documents:

a. Taking the lead and coordinating with related units to organize the review and systematization of normative legal documents issued by the State Bank and other Ministries and sectors related to the banking field.

b. Submitting to the Governor proposals for handling the results of reviewing normative legal documents.

3. In inspecting regulatory legal documents:

a. Taking the lead and coordinating with related units in assisting the Governor to inspect and handle normative legal documents in the banking field in accordance with the provisions of the law.

b. Reporting inspection results on normative legal documents to the Governor and sending them to the Minister of Justice; coordinating with units under the Ministry of Justice to organize inspections of normative legal documents in the banking field.

4. In legal advisory work:

Providing legal advice to the Governor in performing the tasks and powers of the State Bank, specifically:

a. Providing legal advice to the Governor in negotiating, signing, and implementing international treaties, contracts, and agreements with domestic and foreign partners or litigating before judicial bodies.

b. Collecting materials, verifying to propose, recommend, and conclude on the legal aspects of cases related to the tasks and powers of the State Bank, protecting the rights and interests of the State Bank before judicial bodies or other state agencies when instructed by the Governor.

c. Directly or coordinating with related units to participate in providing opinions on handling violations of law in the banking sector and submitting measures to the Governor for handling.

5. In the work of popularizing, educating about the law, inspecting the implementation of the law, and strengthening socialist rule of law in the banking sector:

a. Taking the lead and coordinating with related units to organize the popularization and education of laws on currency and banking through cooperation with mass media, publishing annually a book systematizing normative legal documents on banking, developing question-and-answer books on banking law, and holding training courses to disseminate laws to bank officials.

b. Taking the lead and coordinating with related units to inspect the implementation of laws and summarize the implementation and enforcement of laws in the banking sector. Advising the Governor to improve legal awareness and strengthen socialist rule of law among cadres and units in the banking sector.

c. Building a legal library, collecting legal books, information, and materials to serve management and research needs.

6. Providing professional guidance to legal departments in state-owned enterprises directly under the State Bank and credit institutions where the State Bank represents the state capital.

7. Performing other tasks assigned by the Governor.

Chapter III

ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Article 4. The organizational structure of the Legal Department includes:

1. General Affairs and Legal Propaganda Section;

2. Law Development Section;

3. Legal Advisory Section.

Duties of the Departments and independent specialists shall be stipulated and assigned by the Director of the Legal Department in accordance with this Regulation.

The working system of the Legal Department shall be implemented under a mechanism combining independent specialists with departmental organization.

Article 5. Duties and powers of the Director

1. Organize the implementation of the functions and duties of the Department as prescribed in this Regulation and bear individual responsibility before the Governor and the law for the tasks assigned.

2. Decide on the program and plan of work of the Department and apply measures within his authority to fulfill the assigned tasks.

3. Manage and utilize staff in accordance with the classification and authorization of the Governor.

4. Sign administrative documents on behalf of the Governor within his authority.

Article 6Duties and powers of the Deputy Director

1. Assist the Director in directing and managing certain aspects of the Department's work as assigned by the Director and bear responsibility before the Director for the tasks assigned.

2. Signing on behalf of the Department Head on administrative documents as delegated by the Department Head.

3. When the Director is absent, a Deputy Director authorized by the Director shall manage the Department's work, be responsible for the results of the completed tasks, and report back when the Director is present.

Chapter IV

IMPLEMENTING PROVISIONS

Article 7. Amendments and supplements to the provisions of this Regulation shall be decided by the Governor of the State Bank.