Decision No. 237/1999/QĐ-NHNN on Issuing the Regulation on Managing Foreign Activities of the State Bank

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding the issuance of the Regulation on the Management of Foreign Activities

of the State Bank

__________________________

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;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the organization, tasks, powers, and responsibilities for state management of Ministries and agencies at the ministerial level;

At the proposal of the Director of the International Relations Department.

Pursuant to …;

Article 1. Issued together with this Decision is the "Regulation on the Management of Foreign Activities of the State Bank."

Article 2. This Decision shall take effect 15 days from the date of signature, replacing Decision No. 133/QĐ-NH8 dated July 13, 1993 of the Governor of the State Bank promulgating the Provision on the Management of Foreign Activities of the State Bank of Vietnam.

Article 3. The Heads of the Office, the Director of the International Relations Department, the Heads of units under the State Bank, the Governors of the State Bank Branches in provinces and centrally governed cities directly under the Central Government are responsible for implementing this Decision.

 

REGULATIONSMANAGEMENT OF FOREIGN ACTIVITIES OF THE STATE BANK
Issued together with Decision No. 237 dated July 8, 1999of the Governor of the State Bank

PART I: GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation governs foreign activities of the State Bank including activities in international cooperation relations between the State Bank and foreign partners belonging to economic, financial, monetary, credit international organizations, multilateral, bilateral, regional, as well as governmental and non-governmental organizations of other countries in the field of finance and banking, aimed at fulfilling the functions and tasks of the State Bank.

Article 2. Applicability

Departments, Bureaus, Offices under the headquarters of the State Bank, State Bank Branches in provinces and centrally governed cities directly under the Central Government, State Bank representative offices within the country and abroad, affiliated units, enterprises under the State Bank (referred to as units under the State Bank), and State Bank officials and civil servants when performing tasks related to the aforementioned foreign activities must comply with the provisions of this Regulation and the principles and regulations on foreign affairs of the Party and the State.

Article 3. General Principles

1. The foreign activities of the State Bank are placed under the unified direction and management of the Governor of the State Bank.

2. The International Relations Department serves as the focal point for monitoring and advising the Governor on the foreign activities of the State Bank.

PART II: SPECIFIC PROVISIONS

Article 4. Planning and Implementation Management

1. Heads of units participating in or having a need to participate in foreign activities base on the results of foreign activities implementation in the year and the policy and objectives of the State Bank for the upcoming year, make reports on their unit's foreign activities work for the year (assessing achievements made in the year, shortcomings, clearly stating difficulties, obstacles, recommendations) and propose plans for next year's foreign activities (according to the attached form) to be submitted to the International Relations Department before November 30 for consolidation and submission to the Governor for approval before December 31 each year.

2. After the foreign activity plan has been approved by the Governor, the International Relations Department is responsible for notifying the units and coordinating with them to implement, monitor, and report periodically every quarter to the Governor.

3. In cases of foreign activities outside the plan (emergency), they must be approved by the Governor.

Article 5. Delegations going abroad according to plan (Departing Delegation)

1. Based on the annual foreign affairs activity plan, heads of units shall prepare detailed outlines to submit to the Governor for permission to organize Departing Delegations (the outline must clearly state the content, purpose, work program, location, budget, number of participants and their composition, and the name of foreign partners). The outline approved by the Governor must be sent to the Organization and Cadres Training Department, International Relations Department, and Office for monitoring and coordinating implementation.

2. If the Departing Delegation consists of two or more people, the Organization and Cadres Training Department shall propose to the Governor to decide on appointing a delegation leader.

3. During the time working abroad, members of the delegation must comply with the leadership of the delegation leader and strictly implement all regulations and rules of the Party and State regarding going abroad as stipulated in Articles 9 and 13 of this Regulation.

Article 6. Foreign delegations coming to work with the State Bank according to plan (Arriving Delegation)

1. Based on the annual foreign affairs activity plan, heads of units shall prepare outlines to submit to the Governor for permission to welcome foreign partners to work (the outline must clearly state the content, specific work program, name and number of foreign guests, other units required to participate and coordinate, estimated budget, travel expenses...). The outline approved by the Governor must be sent to the International Relations Department, Office, and related units for coordination and implementation.

2. If foreign partners request to work, survey, or visit outside the main working area, the head of the unit responsible for working with foreign partners must submit to the Governor for permission and coordinate with the Office to handle procedures prescribed by the Ministry of Public Security; assign responsible staff to accompany foreign partners along with reception staff.

Article 7. Unplanned external activities (Sudden Activities)

Leaders of delegations, heads of units, and relevant participants in sudden Departing and Arriving Delegations (as decided by the State, Government, or due to cooperation requirements between Ministries or Departments, or arising from the activities of the State Bank) must comply with the provisions set out in Clause 3 of Article 4, Clause 2 of Article 5, Clause 2 of Article 6, and Articles 9 and 13 of this Regulation.

Article 8. Working with foreign partners based in Vietnam

Proposals for working with foreign partners based in Vietnam with units of the State Bank must be submitted to the Governor for approval, except for regular business transactions within the functions and responsibilities of the unit. The proposal must include a written request from the foreign partner specifying the content, time, and location of the work.

Article 9. Confidentiality and security

1. Units and officials of the State Bank when implementing external activities must strictly adhere to the provisions of the Law on Protecting State Secrets and regulations on protecting State secrets in banking operations.

2. It is not permitted to exchange or provide documents or data classified as State Secrets without permission from authorized State agencies (including those documents or data still in draft or preparation stages).

3. In cases where it is necessary to exchange or provide confidential data or documents, the head of the unit responsible for the work must prepare in advance to seek permission from the following authorities as provided for in Clause 3 of this Article:

a) Documents classified as "Top Secret": Request approval from the Prime Minister;

b) Documents classified as "Secret": Request approval from the Minister of Public Security;

c) Documents classified as "Confidential": Request approval from the Governor of the State Bank.

4. When participating in Departing Delegations, only documents and information classified as State Secrets, or documents and information still in preparation or drafting stages, may be carried if they have been approved by the competent authorities as stipulated in Clause 3 of this Article. The delegation leader is responsible for safely storing and preserving the documents. At the end of the mission, the documents must be returned to the storage department.

5. When working with foreign partners, units must assign staff with appropriate responsibilities. A Record of Work (including: participants, main content, unresolved issues) must be recorded and reported to the Governor for guidance.

6. Staff when interacting with foreign partners must not discuss specialized content classified as State Secrets beyond their responsibility and must comply with the provisions set out in Clause 1 of this Article and report to the responsible staff.

7. The Administrative Bureau and the Office of the State Bank in Ho Chi Minh City are responsible for internal security when foreign partners come to work at the headquarters of the State Bank and the Office of the State Bank in Ho Chi Minh City; arranging transportation means to serve external activities.

In cases where foreign partners come to work with the State Bank at localities, the Directors of the State Bank branches in provinces and centrally-administered cities directly under the central government are responsible for internal security.

Article 10. Working with foreign partners

1. The Office shall be responsible for coordinating with the Department of International Relations and relevant units to establish and prepare the content of the program for the Governor's working sessions with foreign partners, which must be submitted to the Governor for approval at least one day prior to the session.

2. Participants in the Governor's working programs with foreign partners include representatives from the Office, the Department of International Relations, department-level officials, and specialists from relevant units as decided by the Governor.

3. Units permitted to work directly with foreign partners must submit their programs and contents of work, which have been approved by the Governor, to the Office in advance for scheduling and arranging venues. These units must arrange interpreters themselves and comply with the provisions set forth in Articles 9 and 13 of this Regulation.

4. In cases where multiple units participate in working sessions with foreign partners, members must follow the instructions of the Team Leader regarding the presentation of content, provision of documents, and data.

5. Staff members assigned to participate in or serve working sessions with foreign partners must wear formal attire, adhere to diplomatic protocol, and arrive at least five minutes early.

Article 11. Foreign Correspondence

1. The Office shall be responsible for receiving, sending, transferring, and tracking foreign correspondence, documents, and telegrams according to designated addresses.

2. Foreign documents, letters, and telegrams addressed to the State Bank or specifically to the Governor or Deputy Governors shall be recorded in the Office's logbook and transferred to relevant units for processing and submission to the Governor.

3. Units equipped with telephone, telex, and telefax facilities for foreign transactions must use them for their intended purposes. Documents, information, and data transmitted via telex or telefax by units must be signed directly by the Unit Head or approved and filed in a record. Unit Heads are accountable to the Governor for the content of the transmitted information.

4. When translating foreign telegrams, letters, and documents for submission to the Governor, they must bear the signature of the Unit Head and include recommendations for handling, which the Governor will decide upon.

Article 12. Financial Settlement

The Team Leader (for outgoing teams), the Unit Head (for incoming teams), and staff members traveling abroad on official business funded by the state budget must settle all expenses incurred during the ten working days following the completion of their mission or study period in accordance with the state financial regulations.

Article 13. Reporting regime

Units under the State Bank that engage in foreign activities during the period must implement the reporting system as follows:

1. Periodic Reports:

a) Each quarter, units must prepare a summary report on their foreign activities, submit it to the Governor before the 25th of the last month of the quarter, and send a copy to the Department of International Relations for compiling a quarterly summary report on the State Bank's foreign activities.

b) Annually, units must prepare a comprehensive report on their foreign activities for the year, submit it to the Governor before November 30, and send a copy to the Department of International Relations so that it can compile an annual summary report on the State Bank's foreign activities to be submitted to the Governor before December 31.

2. Unplanned Reports

The Team Leader (for outgoing teams), the Unit Head (for incoming teams), within one week after the conclusion of the mission, are responsible for submitting a written report on the results of the work and related proposals to the Governor, while also sending copies to the Department of Organization and Training and the Department of International Relations for monitoring and summarizing.

Article 14. Coordination relations among relevant units in organizing and implementing foreign activities of the State Bank.

1. Department of International Relations:

a) Prepare the content and program of delegations from international financial, monetary, and credit organizations, regional organizations, multilateral and bilateral economic organizations, countries, and central banks coming to work with the State Bank;

b) Participate in providing opinions on the content, program, and composition of each outgoing delegation according to the Governor's approved plan and incoming delegations meeting with the Governor;

c) Be responsible for arranging interpreters for the Governor;

d) Coordinate with the Office to receive and see off guests at the airport and border gates;

e) Coordinate with related units to arrange the activity programs of incoming delegations according to the approved plan;

2. Department of Organization and Training:

a) Coordinate with the Department of International Relations to submit to the Governor for decision on the composition of outgoing delegations;

b) After receiving the Governor's approval, the Department of Organization and Training shall be responsible for coordinating with related units to examine and nominate personnel for the Governor's decision;

3. Office:

a) Be responsible for coordinating with the Department of International Relations to establish and arrange working schedules, receptions, and guest services for the State Bank and the Governor's guests;

b) Serve as the focal point for compiling documents serving outgoing and incoming delegations at the Governor and Deputy Governor levels, and notify the Governor's instructions to related units to prepare content, documents, logistics, and other details for the delegations;

c) Be responsible for handling passport, visa entry-exit procedures, and booking air tickets or other means of transportation for outgoing and incoming delegations;

d) Prepare souvenirs and gifts for outgoing and incoming delegations according to prescribed regulations;

e) Arrange transportation and working facilities for incoming and outgoing delegations;

f) Receive and see off guests at the airport and border gates;

g) Organize banquets.

4. Other Units:

a) Coordinate with the Department of International Relations to request the Governor's approval for meetings and work sessions with foreign counterparts;

b) Prepare content, documents, and work programs when plans are approved (including seminars and negotiations), and inform related Vietnamese units (both within and outside the State Bank) to participate and coordinate;

c) Be responsible for the content and organization of work programs with foreign counterparts;

d) Report the results of each work session to the Governor, and send copies to the Department of International Relations and related units as stipulated;

Article 15. Information and Publicity

The Department of International Relations and other Departments and Bureaus responsible for the State Bank's external affairs shall coordinate with the Publicity-Central Press and Banking Times Center to organize information and publicity for external activities.

CHAPTER III. IMPLEMENTATION PROVISIONS

Article 16. Any supplementation or amendment to the provisions of this regulation shall be decided by the Governor of the State Bank.