Decision No. 115/2004/QD-TTg amends and supplements the charter for the establishment, organization, and operation of credit guarantee funds for small and medium enterprises, applicable to provincial and centrally-run city budgets. This decision adjusts the structure of the Fund Management Board and the method of implementing credit guarantee tasks.
Scope of application
Provincial and centrally-run city budgets; Directors, Deputy Directors, and specialized staff of the Credit Guarantee Fund; Chairmen of People's Committees of provinces and centrally-run cities.
Key points
- The capital contribution of provincial and centrally-run city budgets is stipulated in the Charter of the Credit Guarantee Fund.
- The Fund Management Board includes the Director, Deputy Directors, and some specialized staff assisting in work. The Director is the legal representative of the Fund and is responsible before the Management Council and the law.
- The management and operation of the Credit Guarantee Fund can be carried out in two methods: entrusting to the Development Support Fund or transferring, entrusting to the local financial fund if they meet the conditions and have the ability to implement.
🌐 Social impact of this document
- The positive impact is the improvement of the operational efficiency of the credit guarantee fund through entrusting or assigning tasks to organizations that meet the conditions, thereby enhancing the ability to support small and medium enterprises.
- The negative impact may be the complexity in the implementation process, requiring time to adjust the management structure and operations of the fund.
❓ Frequently asked questions
To whom does this Decision apply?
This Decision applies to provincial and centrally-run city budgets; Directors, Deputy Directors, and specialized staff of the Credit Guarantee Fund; Chairmen of People's Committees of provinces and centrally-run cities.
Who comprises the Fund Management Board?
The Fund Management Board includes the Director, Deputy Directors, and some specialized staff assisting in work. The Director is the legal representative of the Fund.
What methods can be used to manage and operate the Credit Guarantee Fund?
The management and operation of the Credit Guarantee Fund can be carried out in two methods: entrusting to the Development Support Fund or transferring, entrusting to the local financial fund if they meet the conditions and have the ability to implement.
When does this Decision take effect?
This Decision takes effect fifteen days from the date of publication in the Official Gazette.
Who is responsible for guiding the implementation of this Decision?
The Minister of Finance is responsible for guiding the implementation of this Decision.
Full text
Pursuant to …;
Regarding the amendment and supplementation of the regulations on the establishment, organization, and operation of the credit guarantee fund for small and medium enterprises
issued together with Decision No. 193/2001/QĐ-TTg dated December 20, 2001 of the Government Prime Minister
____________________________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
On the basis of Decree No. 90/2001/NĐ-CP dated November 23, 2001 of the Government on assistance for the development of small and medium-sized enterprises;
At the proposal of the Minister of Finance,
DECISION:
Article 1. Amend and supplement some articles of the Regulations on the establishment, organization, and operation of the Credit Guarantee Fund for Small and Medium Enterprises issued together with Decision No. 193/2001/QĐ-TTg dated December 20, 2001 of the Government Prime Minister as follows:
1. Point a, Clause 1, Article 3 is amended as follows:
"a) Capital contribution from the provincial or centrally administered municipal budget";
2. Article 13 is amended as follows:
"Article 13. The management board of the Credit Guarantee Fund consists of the Director, Deputy Directors, and other specialized staff members assisting in operations.
The Director is the legal representative of the Credit Guarantee Fund, responsible to the Management Board and to the law for all activities of the Credit Guarantee Fund. The duties and powers of the Director of the Credit Guarantee Fund shall be carried out according to the Charter of the Fund.
The operational management of the Credit Guarantee Fund shall be conducted through one of the following methods:
1. Entrusting the Development Support Fund to manage the operational activities of the Credit Guarantee Fund under a delegation agreement, decided by the Management Board of the Credit Guarantee Fund.
2. Assigning or entrusting the local financial fund to perform the credit guarantee function for small and medium enterprises if such organizations have the necessary conditions and capabilities to carry out these functions, and are responsible to the law for their own activities, decided by the Chairman of the People's Committee of the province or centrally administered municipality. In the case where the local financial fund is assigned to perform the credit guarantee function mentioned above, the Credit Guarantee Fund will not establish a Management Board, Supervisory Board, or Management Board."
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Article 3. The Minister of Finance shall be responsible for guiding the implementation of this Decision.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.
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