Decision No. 1133/2004/QD-NHNN on Issuing the Regulation on Organization and Operation of the Cadre and Civil Servant Department

DECISION

Regarding the issuance of the Regulation on the Organization and Operation ofDepartment of Organization and Cadres

__________________________

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QĐ10 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 5/11/2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 52/2003/NĐ-CP dated 19/5/2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam Male;

Pursuant to the proposal of the Director  Department of Organization and Cadres;

After reaching agreement with the Minister of Internal Affairs,

DECISION:

Article 1. Issued together with  this Decision is the "Regulation on the Organization and Operation of the Department of Organization and Cadres".

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 128/1999/QĐ-NHNN9 dated April 10, 1999 of the Governor of the State Bank of Vietnam on the issuance of the Regulation on the Organization and Operation of the Department of Organization and Cadres and Training.

Article 3. The Head of the Office, the Director of the Department of Organization and Cadres, and the Heads of units related to the State Bank of Vietnam are responsible for implementing this Decision.

REGULATION ON THE ORGANIZATION AND OPERATION OF THE DEPARTMENT OF ORGANIZATION AND CADRES

(Issued together with Decision No.: 1133/2004/QĐ-NHNN

dated  09  10  of 2004 of the Governor of the State Bank of Vietnam)

PART I

GENERAL PROVISIONS

Article 1The Department of Organization and Cadres is a unit within the organizational structure of the State Bank of Vietnam, having the function of advising the Governor and the Party Cadre Affairs Committee of the State Bank of Vietnam on organizational structure and staffing, personnel management, training, and salary matters of the State Bank of Vietnam and the industry in accordance with the provisions of the law.

Article 2The head of the Department of Organization and Cadres is the Director, assisted by several Deputy Directors; the Director and Deputy Directors are appointed by the Governor. The organization and operation of the Department are carried out under the principle of democratic centralism and the chief executive system.

                                                   PART II

                      TASKS AND POWERS OF THE DEPARTMENT OF ORGANIZATION AND CADRES

Article 3The Department of Organization and Cadres has the following tasks and powers:

1. Advising the Governor on the development and improvement of the organizational model and structure of the State Bank of Vietnam to meet the requirements of administrative reform and the integration process of the industry, specifically:

a. Studying and designing the organizational model of the State Bank of Vietnam suitable for different stages of development of the industry, to be submitted to the Governor or for the Governor to submit to competent authorities for consideration and decision.

b. Developing plans to implement the approved organizational model.

2. Advising the Governor to submit to the Government for promulgation of a Decree stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam and organizing its implementation, specifically:

a. Taking the lead in drafting the Decree on the functions, tasks, powers  and organizational structure of the State Bank of Vietnam; organizing the solicitation of opinions  from relevant Ministries and sectors; completing the draft, processing it for the Governor to submit to the Government for consideration and decision.

b. Taking the lead in drafting and submitting to the Governor for issuance regulations on the organization and operation of units within the organizational structure of the State Bank of Vietnam based on drafts prepared by the units; coordinating with the units to implement after the Governor signs and issues them.

c. Monitoring and evaluating the strengths and weaknesses of the current organizational model to propose to the Governor solutions to improve it through the following directions: proposing the Government to develop new or amend and supplement the Decree stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam; adjusting and supplementing the functions, tasks, powers, and organizational structure of units within the organizational structure of the State Bank of Vietnam.

d. Taking the lead and coordinating with relevant units inside and outside the industry to complete procedures for the Governor to decide or request competent authorities to decide on establishing, restructuring, dividing, merging, or dissolving units within the organizational structure of the State Bank of Vietnam in accordance with the law.

3. Advising the Governor on building a cadre workforce of the State Bank of Vietnam to ensure the completion of assigned tasks, specifically:

a. Taking the lead in drafting and submitting to the Governor for issuance regulations and proposals on the construction and management of the cadre workforce within the scope of authority, including: short-term and long-term planning for the leadership and management cadre at all levels; training and development plans for human resources; regulations on cadres and civil servants; evaluation regulations for cadres; appointment and reappointment regulations; cadre rotation regulations; delegation and authorization regulations; professional and vocational standards and other regulations, establishing working relationships among organizations and responsibilities of heads of organizations under the State Bank of Vietnam.

b. Guiding and inspecting the implementation of state and industry regulations on cadres, civil servants, and employees within the scope of management.

4. Advising the Governor and the Party Cadre Affairs Committee on cadre affairs, specifically:

a. Implementing the allocation and arrangement of cadres, civil servants, and employees into units within the organizational structure of the State Bank of Vietnam from recruitment and transfer sources after approval by the Governor.

b. Reviewing and submitting to the Governor for decisions on issues related to recruitment, transfer, rotation, secondment, resignation, appointment, reappointment, resignation, dismissal, salary increase, grade change, rewards, disciplinary actions  and other policies for cadres, civil servants, and employees of the State Bank of Vietnam.

c. Processing necessary procedures for the Party Cadre Affairs Committee and the Governor of the State Bank of Vietnam to submit to the Prime Minister for the appointment, reappointment, dismissal, rewards, disciplinary actions, and other policies for Deputy Governors.

d. Reviewing and submitting to the Party Cadre Affairs Committee and the Governor of the State Bank of Vietnam for decisions on the appointment, reappointment, dismissal, rewards, disciplinary actions, and other policies for leadership and management positions within their management authority.

e. Complete the procedures to submit to the Governor for the appointment, removal, or dismissal of the Inspector General after reaching consensus with the State Inspector General; propose the State Inspector General to appoint, remove deputy inspectors and senior inspectors of the State Bank.  g. Implement the dispatch of officials, civil servants, and employees of the State Bank and leadership positions of state-owned credit institutions and state-owned enterprises under the management of the Party Cadre Affairs Committee and the Governor to work or study abroad in accordance with the law; organize the management of passports for officials, civil servants, and employees of the State Bank in accordance with the law.

5. Advise the Governor on implementing policies and systems for civil servants and employees of the State Bank, specifically:  a. Complete the procedures for the Governor to request the Ministry of Home Affairs to appoint ranks, determine salaries, and increase salary grades for senior civil servant ranks.  b. Submit to the Governor for the appointment of civil servants to ranks, determination of salaries, and increase in salary grades for civil servants according to the Delegation Regulations.

c. Organize examinations to promote ranks for civil servants from the specialist rank and equivalent downwards as prescribed by the State.

d. Implement various incentive systems such as retirement benefits, social insurance, training programs, and other policies for officials, civil servants, and employees of the State Bank as prescribed by law.

e. Complete the files for the Governor to request the State to resolve policies, rewards, recognition of veteran revolutionaries, and pre-revolutionary cadres within the industry according to the level of management and legal provisions.

Advise the Governor on personnel management matters, specifically:

a. Guide and inspect units in the implementation of national and industry policies for officials, civil servants, and employees.

b. Submit to the Party Cadre Affairs Committee and the Governor of the State Bank plans, forecasts, evaluations, and reviews annually for cadres under the management of the Party Cadre Affairs Committee and the Governor of the State Bank.

6. c. Archive personnel files of officials, civil servants, and employees according to national and industry regulations.

7. Advise the Governor on managing civil servants and employees of state-owned commercial banks, state-owned enterprises, and central people's credit funds, specifically:

a. Submit to the Governor for the direct management of state capital invested in credit organizations as prescribed by law.

b. Submit to the Party Cadre Affairs Committee and the Governor of the State Bank for the appointment, reappointment, removal, commendation, disciplinary actions, and other policies for positions such as Chairmen of the Board of Directors, General Managers, Deputy General Managers, Board Members, and Chief Accountants of state-owned commercial banks, and General Directors and Deputy General Directors of state-owned enterprises.

c. Assist the Governor in completing procedures to request the Ministry of Home Affairs to promote ranks, determine salaries, and increase salary grades for ranks exceeding authority.  Advise the Governor on managing staffing and implementing salary systems in units of the State Bank, specifically:

a. Based on approved staffing, develop and submit to the Governor for decisions on staffing for departments, bureaus, provincial branches, centrally-administered cities, and units fully funded by the State Bank for regular operations; approve staffing for units partially self-funding regular operations; guide staffing standards for units fully self-funding regular operations.

b. Submit to the Governor for approval of annual staffing plans, salary pools, and grade structures to be sent to competent authorities as prescribed.

c. Guide, urge, and inspect the implementation of labor policies, salary systems, and relevant laws and regulations of the industry in units under the State Bank.

8. d. Develop appropriate salary schemes in line with state regulations and industry characteristics; implement when approved by the Governor.

Manage state functions in the labor and salary field at state-owned enterprises and state-owned commercial banks, specifically:

a. Submit to the Governor for approval of specialized staff rank standards for state-owned commercial banks and affiliated enterprises.  b. Coordinate with relevant sectors to classify enterprises; manage salary unit prices; determine salaries for leadership positions in state-owned commercial banks and affiliated enterprises as prescribed by law.

c. Submit to the Governor for consideration of increasing the salary grade for senior economic officers of state-owned enterprises.

10. Advise the Governor on training and development of the cadre of officials, civil servants, and employees of the State Bank, specifically:

9. a. Submit to the Governor for the human resource development plan of the State Bank during each period, including main contents such as determining training and development goals, plans for leadership and management cadres, plans for banking experts, annual and long-term specialized training programs, and implementation once approved.

b. Monitor and manage the annual training budget allocated by the state budget according to legal provisions.

c. Inspect, evaluate, and report on the implementation of approved training plans.

11. Manage training activities for the Banking Academy and the University of Banking in Ho Chi Minh City (hereinafter referred to as training institutions), specifically: a. On the basis of the industry's development goals and strategies, review and consolidate annual training plans of training institutions and submit to the Governor for approval.

b. Guide, inspect, and urge training institutions to comply with national and State Bank regulations on training activities.

12. Advise the Governor on cooperation in training and developing human resources with domestic and foreign organizations as prescribed by law, specifically:

b. Monitor the allocation and management of the annual training budget provided by the state budget in accordance with the provisions of the law.

c. Inspect, evaluate, and report on the implementation of the training plan that has been approved by the Governor.

 11. Carry out management of training work for the Banking Academy and the University of Banking Ho Chi Minh City (hereinafter referred to as training institutions), specifically:

a. Based on the objectives and development strategy of the Sector to review and compile the annual training plans of the training institutions, submit to the Governor for approval.

b. Guide, inspect, and urge the training institutions to comply with the regulations of the State and the State Bank of Vietnam regarding training work.

12. Advise the Governor on cooperation in training and human resource development with domestic and foreign organizations in accordance with the provisions of the law, specifically:

a. Draft cooperation training projects and plans to be submitted for approval by the Governor and forwarded to competent authorities as prescribed by law.

b. Serve as the point of contact for receiving and implementing approved cooperation training projects.

c. Compile, report, and evaluate project activities to be submitted for approval by the Governor.  in accordance with the law.

 13. Implement statistical reporting systems for the quantity and quality of civil servants and officials as stipulated.

14. Organize the storage, preservation, utilization, and supplementation of records for cadres, civil servants, and officials at the headquarters of the State Bank and other entities under the management of the Party Cadre Affairs Board and the Governor of the State Bank in accordance with current regulations. Provide guidance on this matter to relevant units.

15. Advise the Governor on resolving complaints and denunciations against civil servants and officials according to the classification and legal provisions on complaints and denunciations.

16. Conduct inspections of organizational and cadre work throughout the sector in accordance with legal provisions.

17. Advise the Party Cadre Affairs Board and the Governor of the State Bank on internal political protection work in accordance with directives and guidelines from the Party and legal provisions.

18. Carry out tasks assisting the Party Cadre Affairs Board of the State Bank, including drafting comprehensive reports, interim reports, regular and special reports, and other types of documents as required by Party agencies.

19. Perform other tasks assigned by the Governor and the Party Cadre Affairs Board of the State Bank.

CHAPTER III

ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Article 4The organizational structure of the Cadre and Personnel Department includes:

1. Human Resources and Salary Room;

2. Cadre Room;

3. Training Room.

Tasks of the Rooms and independent specialists shall be defined and assigned by the Department Head in accordance with this Regulation.

The working system of the Cadre and Personnel Department shall be implemented through a combination of independent specialist mechanisms and room organization.

Article 5Duties, responsibilities, and authorities of the Department Head

1. Organize the implementation of the Department's tasks as stipulated in Chapter II and be responsible before the Party Cadre Affairs Board and the Governor of the State Bank for all aspects of the Department's operations. Has the authority to decide on programs, plans, and specific measures to complete assigned tasks.

2. Deputize for the Governor to sign decisions on recruitment, labor contracts, transfers, promotions, salary increases, and other matters concerning those within delegated authority.

3. Sign administrative letters pursuant to the Governor's instructions and in accordance with legal provisions.

4. Assign and arrange work for civil servants and officials of the Department. 

5. Recommend appointments, reappointments, dismissals, rotations, rewards, punishments, and other policies for cadres from Deputy Department Heads downwards.

Article 6. Duties and authorities of Deputy Department Heads

1. Comply with the assignments of the Department Head; assist the Department Head in directing and managing certain areas of work within the Department and be accountable to the Department Head for the results of the assigned work. Regularly or urgently implement reporting systems to the Department Head to ensure centralized and unified direction.

2. Sign on behalf of the Department Head on certain administrative letters as assigned by the Department Head.

3. When the Department Head is absent, a Deputy Department Head may be authorized (in writing) to represent the Department Head in managing and resolving Department affairs, be responsible for resolved matters, and must report back when the Department Head returns.

PART IV

IMPLEMENTING PROVISIONS

, Clause 1, Clause 2 Article 7a of this Regulation.Amendments and supplements to this Regulation shall be decided by the Governor of the State Bank.