Decision No. 249/2000/QĐ-NHNN on Issuing the Regulation on Implementing Democracy in the Operations of Units under the State Bank System

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding the issuance of the Regulation on Implementing Democracy in the Activities of Units under the State Bank System

 

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 tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

Pursuant to Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government on issuing the Regulation on Implementing Democracy in agencies;

At the proposal of the Director of the Organization and Cadre Training Department,

 

DECISION:

Article 1 . The Regulation on Implementing Democracy in the Activities of Units under the State Bank System is hereby promulgated together with this Decision.

Article 2 . This Decision shall take effect fifteen days from the date of signature.

Article 3 . The Head of the Office, the Director of the Department of Organization and Cadre Training, the Governor of the State Bank Branches in provinces and cities directly under the Central Government, and the Heads of units under the State Bank shall be responsible for implementing this Decision.

REGULATION ON IMPLEMENTING DEMOCRACY IN THE ACTIVITIES OF UNITS UNDER THE STATE BANK SYSTEM

(Issued together with Decision No. 249/2000/QĐ-NHNN dated August 9, 2000 of the Governor of the State Bank)

 

PART I - GENERAL PROVISIONS

Article 1. The Regulation on Implementing Democracy in the Activities of Units under the State Bank System aims to promote the rights of civil servants and employees, contribute to building clean and strong agencies; build a cadre of civil servants and employees with sufficient qualities and capabilities, working efficiently and effectively, meeting the requirements of development and reform of the country, preventing and combating corruption, waste, bureaucracy, and harassment.

Article 2. Promoting the democratic rights of civil servants and employees is closely linked to ensuring the leadership of Party Committees at all levels, adhering to the principle of centralized democracy, implementing the chief executive system, and promoting the role of mass organizations.

Article 3. Democracy within the framework of the law; promoting democracy while firmly dealing with acts that abuse democracy, violate internal regulations, rules of the unit, legal provisions, and infringe upon the freedom of civil servants and employees, hindering the performance of duties in banking activities.

Article 4. Units under the State Bank System referred to in this Regulation include the Central Bank, Banking Academy, the State Bank Representative Office in Ho Chi Minh City, and State Bank Branches in provinces and centrally-administered cities.

 

PART II - IMPLEMENTATION OF DEMOCRACY WITHIN THE UNIT

SECTION 1. RESPONSIBILITIES OF THE HEAD OF THE UNIT

Article 5. The head of the unit is the person managing and directing the activities of the unit under the chief executive system, and is responsible before the law and the Governor of the State Bank for the entire operation of the unit regarding the performance of duties by civil servants and employees under their management as prescribed by law.

Article 6. Regularly convening meetings, the head of the unit evaluates the implementation of the work program in the past period, listens to the opinions and suggestions of civil servants and employees, and sets out the main plans to be implemented in the future.

Every six months, the head of the unit is responsible for evaluating the work program of the unit and its departments, clearly identifying and proposing positive solutions to promote the rights of civil servants and employees, overcome bureaucratic practices, corruption, and waste, and reviewing and assessing matters not accomplished in fulfilling functions and responsibilities, internal regulations, and policies and laws of the Party and State.

After one year, the head of the unit must organize a comprehensive evaluation of the unit's activities; simultaneously, implement the assessment of civil servants and employees according to Decision No. 11/1998/QĐ-TCCP-CCVC dated December 5, 1998 of the Government's Organizational and Cadre Affairs Board on issuing the Annual Assessment Regulation for Civil Servants. Specific procedures follow:

a) Civil servants and employees write self-assessment reports including the following main contents:

- Awareness of complying with state policies, laws, and regulations;

- Specific tasks performed during the year, evaluating the quality and effectiveness of assigned work; leaders must also evaluate their collective leadership throughout the year.

- Moral character, organizational discipline awareness, and honesty in work.

- Work coordination relationships.

- Efforts to improve professional skills, foreign languages, and computer knowledge.

b) The team where civil servants and employees work provide comments on the assessment report and record them on the civil servant and employee classification form (without signing names).

c) The direct supervisor of civil servants and employees records periodic annual assessments of civil servants and employees and informs them; civil servants and employees have the right to express their opinions to their direct supervisors about these assessments.

d) The annual periodic assessment results are kept in the civil servant and employee files managed by the agency.

, Clause 1, Clause 2 Article 7a of this Regulation.. The head of the unit is responsible for managing civil servants and employees in terms of ideology, moral character, utilization, training, and implementation of institutional policies, regulations to build a cadre of civil servants and employees with qualities and capabilities to fulfill assigned tasks.

Article 8. The head of the unit must listen to the feedback and criticism from civil servants and employees and may not retaliate against those who have provided feedback or criticism. When civil servants and employees request a meeting with the head of the unit, the head of the unit must arrange a meeting and discuss related issues.

Article 9. The head of the unit is responsible for managing and using the unit's assets effectively, saving costs, and combating waste, according to the nature of the information and the recipient, and publicly disclosing financial information.

1. Financial disclosure is conducted through various methods such as announcements, public postings, or written documents, depending on the level and content required.

2. Financial disclosures must ensure the confidentiality of the unit and national interests as stipulated by law.

Article 10. Within the scope of their duties and powers, the head of the unit is responsible for implementing measures to prevent and combat corruption, bribery, accepting bribes, waste, and irresponsibility causing loss of the unit's and state's assets, handling according to their authority, and facilitating the competent authorities to deal with violations of the Anti-Corruption Ordinance, the Thrift and Anti-Waste Ordinance, and other state regulations..

Article 11. The head of the unit collaborates with the Party Committee and mass organizations to regularly hold meetings of civil servants and employees once a year at the end of the year or at irregular times.

The meeting of civil servants and officials of the agency shall include the following contents:

1. Reviewing the implementation of resolutions of the Party Committee, systems, policies, and laws of the State, evaluating the implementation of work programs, and discussing measures to implement the plan for the upcoming period of the unit.

2. The head of the unit shall accept contributions and criticisms from civil servants and officials, answer their questions, and address their proposals.

3. Discussing measures to improve working conditions and care for the living standards of civil servants and officials.

4. Implementing commendations and awards for individuals and groups with outstanding achievements in assigned tasks; the criteria, forms, and procedures shall be carried out according to the provisions of the law and guidelines issued by the State Bank.

Article 12.

1. Adhering to the resolutions of the Party Committee and maintaining regular relations with organizations and mass organizations as prescribed.

2. Creating conditions for the Party Committee and mass organizations to work.

3. Studying and responding to the recommendations of the Party Committee and mass organizations; regularly reporting on the results and activities of the unit; inviting representatives of the Party Committee and mass organizations to participate in relevant meetings.

SECTION 2. DUTIES OF CIVIL SERVANTS AND OFFICIALS OF THE STATE BANK.

Article 13. Civil servants and officials must fulfill their duties and not engage in acts prohibited under the Law on the State Bank, the Ordinance on Cadres and Civil Servants, Government Decrees, and other related legal regulations and the Code of Conduct for Civil Servants and Officials of the State Bank.

Civil servants and officials are responsible before the law and the head of the unit for performing their assigned tasks and duties; they must lead a healthy lifestyle, be honest, thrifty, incorruptible, dedicated, and impartial.

Article 14. While performing their duties at the workplace or on business trips, civil servants and officials must comply with the directives and guidance of superiors; they must perform their assigned tasks accurately and responsibly.

Civil servants and officials have the right to present their opinions and suggestions for resolving issues within their scope of responsibility that differ from those of their direct supervisors, but they must still follow the directives of their direct supervisors, while retaining the right to reserve their opinion and report to higher authorities.

Article 15. Civil servants and officials must seriously conduct self-criticism and criticism, promote strengths, correct weaknesses to continuously progress, frankly criticize and struggle to build a clean and strong unit, including providing feedback and criticism to the head of the unit; when requested, civil servants and officials have the responsibility to contribute opinions to the drafting of documents and projects of the unit.

SECTION 3. MATTERS THAT CIVIL SERVANTS AND OFFICIALS MUST BE INFORMED ABOUT.

Article 16. The following matters must be made public for civil servants and officials to know:

- Policies, systems, and regulations of the State related to the unit's work.

- Work programs for the month, quarter, and year of the unit.

- Recruitment of civil servants, salary increments, and rank promotions.

- Promotion of cadres, cadre training, and development.

- Commendations and disciplinary actions; negative cases and corruption within the unit that have been concluded and resolved.

- Internal rules and regulations of the agency...

Article 17. The head of the unit is responsible for informing civil servants and officials about the matters stipulated in Article 16 above through one of the following methods:

1. Posting at the agency.

2. Announcing at the meeting of civil servants and officials of the unit;

3. Announcing in writing to all civil servants and officials;

4. Announcements by the Governor of the State Bank related to cadres and civil servants, the head of the unit has the responsibility to inform civil servants and officials within the unit to be aware and implement them.

5. Announcing in writing to the Party Committee and the Mass Organizations' Executive Board.

SECTION 4. MATTERS IN WHICH PUBLIC OFFICERS AND CIVIL SERVANTS PARTICIPATE IN PROVIDING ADVICE PRIOR TO THE DECISION OF THE HEAD OF THE ORGANIZATION.

Article 18. Matters in which public officers and civil servants directly participate in providing advice, or through representatives, before the Governor of the State Bank or the head of the unit makes a decision include:

1. Solutions to implement resolutions from higher authorities related to the work of the unit.

2. The annual work program of the unit.

3. Organizing competitive activities within the unit.

4. Interim and final reports of the unit.

5. Measures to improve organizational structure and working methods to achieve economy, prevent waste, corruption, bureaucracy, and harassment, and manage assets within the unit.

6. Recruitment plans, promotion, training, and development of public officers and civil servants within the unit as prescribed.

7. Implementation of systems and policies related to the rights and benefits of public officers and civil servants.

8. Internal regulations and rules of the unit.

Article 19. Methods for soliciting opinions.

1. Public officers and civil servants provide direct advice to the head of the unit according to the management level of personnel (Governor, Department Head, Director, Chief, Manager).

2. Through meetings of mass organizations and conferences of public officers and civil servants within the unit.

3. Distributing questionnaires to gather direct opinions on draft documents for public officers and civil servants to contribute their advice.

Article 20. When the head of the unit decides matters listed in Article 18 differently from the majority opinion of public officers and civil servants, the head of the unit has the responsibility to inform and explain again so that public officers and civil servants understand.

SECTION 5. MATTERS IN WHICH PUBLIC OFFICERS AND CIVIL SERVANTS MONITOR AND INSPECT.

Article 21. Public officers and civil servants have the right to monitor and inspect the following matters:

1. Implementation of state policies, systems, regulations, and annual work plans of the agency.

2. Financial usage and expenditure systems.

3. Implementation of internal regulations and rules of the agency.

4. Implementation of systems and policies and rights of public officers and civil servants within the unit.

5. Resolution of complaints and accusations within the unit.

Article 22. Monitoring and inspection are conducted through:

1. Work reviews, criticism, and self-criticism during internal unit meetings.

2. Through conferences of public officers and civil servants within the unit.

3. The People's Inspection Committee of the agency.

CHAPTER III - IMPLEMENTATION OF DEMOCRACY IN RELATIONS AND RESOLUTION OF WORK

WITH CITIZENS AND ORGANIZATIONS

SECTION 1: RELATIONS WITH CITIZENS AND NON-BANKING SECTOR ORGANIZATIONS

Article 23. The Governor of the State Bank and the heads of subordinate units are responsible for organizing, directing, and supervising the transparency at the workplace so that public officers, civil servants, citizens, and non-banking sector organizations are aware of:

1. Departments responsible for handling related tasks.

2. Administrative procedures for handling tasks.

3. Files required for each type of task.

4. Timeframes for handling each type of task.

Article 24. The head of the unit directs and supervises public officers and civil servants in handling tasks assigned to citizens and organizations; timely implementing appropriate measures as prescribed by the state. For public officers and civil servants who fail to complete tasks, lack responsibility, cause harassment, or engage in corruption while handling tasks for citizens and organizations.

Article 25. When citizens and non-banking sector organizations request assistance, public officers and civil servants must handle those requests within their authority. For matters outside their authority, public officers and civil servants must inform citizens and organizations accordingly and report specifically to the head of the unit. Public officers and civil servants must not be bureaucratic, arrogant, or create difficulties and harassment when handling requests from citizens and organizations.

Article 26. Public officers and civil servants shall not accept and handle tasks from citizens and non-banking sector organizations at their private residences.

Tasks of citizens and non-banking sector organizations must be studied and resolved as quickly as possible in accordance with state regulations.

For tasks with specified deadlines, public officers and civil servants must adhere to those deadlines. If additional time is needed to study and resolve the matter, public officers and civil servants must promptly inform citizens and organizations.

Public officers and civil servants are responsible for protecting state secrets, work-related secrets, and the contents of citizens' and organizations' complaints and accusations according to state regulations.

Article 27. The head of the unit directs the arrangement of reception areas, implements citizen reception, and provides suggestion boxes. Weekly, responsible persons open the suggestion boxes, study the received opinions, and report to the head of the unit. The head of the unit is responsible for studying and proposing solutions to the received opinions.

Article 28. For programs and projects developed or implemented by the unit that are closely related to local economic and social development, the head of the agency is responsible for informing the relevant localities. If there are participation opinions, the head of the unit must consider, respond, and resolve these opinions.

PART 2. RELATIONS WITH SUPERIOR AUTHORITIES.

Article 29. The head of the unit shall be responsible for complying with the directives, guidance, and implementation of decisions made by the Governor of the State Bank.

The unit has the right to reflect difficulties and obstacles encountered during the performance of its functions and responsibilities; to propose issues that are inappropriate and require amendments to the Governor of the State Bank regarding state policies, regulations, and superior authority management.

When there is evidence that a decision from a superior authority is contrary to the law, it must immediately report to the decision-maker and will not be held responsible for the consequences of implementing such a decision.

Article 30.. The head of the unit has the right to contribute opinions and criticize the Governor of the State Bank.

Upon request, the unit shall be responsible for studying and providing opinions on draft policies and legal normative documents sent by the Governor of the State Bank.

Article 31. The unit is responsible for reporting work situations to the Governor of the State Bank as prescribed; for issues arising beyond its capacity to resolve, it must promptly report to the Governor of the State Bank for guidance; the content reported to superior authorities must be objective, truthful, and timely.

PART 3. RELATIONS WITH SUBORDINATE AUTHORITIES.

Article 32. The head of the unit is responsible for directing, guiding, and inspecting the activities of subordinate units and bears responsibility for mistakes and shortcomings of subordinate units if these arise from the head's directives and guidance.

It is necessary to inform subordinate units of policies, regulations, and rules of the Banking Industry and related state regulations affecting their operations and scope of responsibility.

Article 33. The head of the unit is responsible for researching and promptly resolving requests and proposals from subordinate units.

Regularly, the head of the unit must meet with the heads of subordinate units. When subordinate units request meetings, the head of the unit must respond and meet.

The head of the unit is responsible for encouraging truthful and objective reports from subordinate units.

Article 34. Opinions of subordinate units must be considered in the development of policies, regulations, and related legal normative documents.

Article 35. Allocation and supplementation of funds and staffing for subordinate units must be timely, appropriate to assigned functions and responsibilities, and in accordance with state regulations.

CHAPTER IV - IMPLEMENTATION PROVISIONS.

Article 36. Heads of units under the State Bank are responsible for disseminating this Regulation to all civil servants and employees of their units. Those who implement it well will be rewarded, while violators will be dealt with according to the law.

Article 37. Any additions or modifications to provisions in this Regulation shall be decided by the Governor of the State Bank./.