Decision No. 1135/2004/QD-NHNN on the issuance of the Regulation on the Organization and Operation of the Department of Cooperative Credit Organizations

DECISION

Regarding the issuance of the Rules on Organization and Operation

of the Department of Cooperative Credit Organizations

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;

At the proposal of the Director of the Department of Cooperative Credit Organizations and the Director of the Department of Cadre and Civil Servants Organization;

After reaching agreement with the Minister of Internal Affairs,

DECISION:

Article 1. Issuing with this Decision the "Regulation on the Organization and Operation of the Department of Cooperative Credit Organizations".

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 22/1999/QĐ-NHNN dated January 8, 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 Cooperative Credit Organizations.

Article 3. The Head of the Office, the Directors of the Department of Cadre and Civil Servants Organization, the Department of Cooperative Credit Organizations, and the Heads of units related to the State Bank of Vietnam are responsible for implementing this Decision.

REGULATIONS

Organization and operation of the Department of Cooperative Credit Organizations

(Issued together with Decision No. 1135/2004/QĐ-NHNN dated September 9, 2004 of the Governor of the State Bank of Vietnam)

PART I
GENERAL PROVISIONS

Article 1. The Department of Cooperative Credit Organizations is a unit within the organizational structure of the State Bank of Vietnam, having the function of advising the Governor in performing state management functions over cooperative credit organizations.

Article 2. The head of the Department of Cooperative Credit Organizations 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 of Cooperative Credit Organizations shall be carried out according to the principle of democratic centralism and the chief executive system.

Chapter II
TASKS AND POWERS OF THE DEPARTMENT OF COOPERATIVE

CREDIT ORGANIZATIONS

Article 3. The Department of Cooperative Credit Organizations has the following tasks and powers:

1. To develop and submit to the Governor for approval strategies and plans for the development of cooperative credit organizations nationwide; to advise the Governor in directing and guiding the implementation of such strategies and plans.

2. To lead the development and advise the Governor to submit to competent authorities for promulgation or promulgate within their authority legal regulations relating to the organization and operation of cooperative credit organizations; to guide and inspect the implementation thereof within their authority.

3. To advise the Governor to submit to the Government for promulgation or promulgate within their authority mechanisms and policies encouraging, supporting, and guiding the development of cooperative credit organizations; to guide the implementation of mechanisms and policies encouraging development that have been promulgated within their authority.

4. To organize the receipt, processing of information, and reports related to the organization and operation of cooperative credit organizations to serve management work and contribute to ensuring the safety of the system.

5. To implement regular and extraordinary reporting systems on the organization and operation of cooperative credit organizations nationwide as directed by the Governor.

6. To submit to the Governor for issuance or revocation of operating licenses for Central Credit Funds; to advise the Governor in performing state management functions over the activities of Central Credit Funds in accordance with the provisions of the law.

7. To lead and coordinate with relevant units to advise the Governor in exercising rights and obligations as the owner representative regarding the capital contribution at Central Credit Funds in accordance with the law.

8. To guide and inspect provincial and municipal branches in implementing regulations on the issuance and revocation of operating licenses for cooperative credit organizations within the delegated authority of the Governor.

9. To guide cooperative credit organizations in applying information technology and advanced management experience.

10. To develop and submit to the Governor for approval programs and plans for training and enhancing professional knowledge for staff of cooperative credit organizations and organize their implementation after approval by the Governor.

11. To assist the Governor in performing state management functions over the activities of associations and non-governmental organizations established by cooperative credit organizations in accordance with the law.

12. To coordinate with the Inspectorate of the State Bank of Vietnam in inspecting and handling violations of cooperative credit organizations in accordance with the law.

13. To act as the focal point and coordinate with relevant units under the State Bank of Vietnam in developing and submitting to the Governor for approval or advising the Governor to submit to the Government programs and projects funded by countries and international organizations for the development of cooperative credit organizations; to organize the implementation of approved programs and projects.

14. To advise the Governor in directing the summary of practical experiences and promoting effective models of cooperative credit organizations.

15. To perform other tasks assigned by the Governor.

Chapter III
ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Article 4The organizational structure of the Department of Cooperative Credit Organizations includes:

General Affairs Section;

Information Collection, Processing, and Forecasting Section (referred to as the Information Section).

The tasks of Sections and independent specialists shall be defined and assigned by the Director of the Department of Cooperative Credit Organizations in accordance with this Regulation.

The working mechanism of the Department of Cooperative Credit Organizations shall be implemented according to the independent specialist system combined with section organization.

Article 5Tasks and powers of the Director

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

2. To decide on the work program and plan of the Department and apply measures within their authority to complete the assigned tasks.

3. To manage and utilize cadres and civil servants according to the classification and delegation of authority by the Governor.

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

Article 6. Tasks and powers of the Deputy Director

1. To 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 may be authorized to manage and resolve the Department's affairs, bear responsibility for the matters resolved, and report back to the Director upon their return.

Chapter IV
IMPLEMENTING PROVISIONS

Article 7. Any amendment or supplementation to this Regulation shall be decided by the Governor of the State Bank of Vietnam.