Decision No. 270/2000/QĐ-NHNN9 On Issuing the Regulation on the Organization and Operation of the State Bank of Vietnam Inspectorate

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding the issuance of the Regulation on the organization and operation of the State Bank Inspectorate

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 December 12, 1997, and Law on Credit Organizations number 02/1997/QH10 December 12, 1997;

Based on the Inspection Decree dated April 1, 1990;

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;

Decree No. 88/1998/NĐ-CPNovember 2, 1998 of the Government regarding functions, powers, and organizational structure of the State Bank of Vietnam;

Decree No. 91/1999/NĐ-CP September 4, 1999 of the Government on the organization and operation of banking inspection;

On the basis of the opinion of the National Inspectorate at Circular 625/TTNN dated August 10, 2000;

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

DECISION:

Article 1: This Decision promulgates the "Regulation on the organization and operation of the State Bank Inspectorate."

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

Article 3The Heads of the Office, Department Heads of Organization and Cadre Training, Chief Inspectors of the State Bank Inspectorate, Heads of Units under the State Bank, Chairmen of the Board of Directors, General Managers (Directors) of Credit Organizations shall be responsible for implementing this Decision./.

REGULATION ON THE ORGANIZATION AND OPERATIONS OF THE STATE BANK INSPECTORATE

(Issued together with Decision No. 270/2000/QĐ-NHNN9 dated August 21, 2000 of the Governor of the State Bank)

PART I - GENERAL PROVISIONS

Article 1: The State Bank Inspectorate is a unit within the organizational structure of the State Bank, having the function of advising the Governor of the State Bank on specialized inspections nationwide and performing the function of state inspection in the banking sector according to the guidance of the National Inspectorate.

Article 2: The State Bank Inspectorate has its own seal for use within its jurisdiction, as prescribed by law.

Article 3: The State Bank Inspectorate is headed by the Chief Inspector, assisted by Deputy Chief Inspectors.

PART II - DUTIES AND POWERS OF THE STATE BANK INSPECTORATE

Article 4: The State Bank Inspectorate has the following duties and powers:

1. Implementing the duties and powers of the Banking Inspectorate as stipulated in Article 6 and Article 7 of Decree No. 91/1999/NĐ-CP dated September 4, 1999 of the Government on the organization and operations of the Banking Inspectorate.

2. Carrying out regular supervision and direct inspection tasks against the objects specified in Circular No. 04/2000/TT-NHNN3 dated March 28, 2000 of the Governor of the State Bank guiding the implementation of Decree No. 91/1999/NĐ-CP dated September 4, 1999 of the Government on the organization and operations of the Banking Inspectorate.

3. Advising the Governor of the State Bank on issuing regulatory documents in the fields of inspection, complaints, accusations, anti-corruption, administrative penalties, and other fields within its jurisdiction. Providing guidance or coordinating with relevant units to provide guidance for implementation within the banking sector.

4. Checking and reporting to the Governor of the State Bank on the implementation of the inspection program of the State Bank Inspectorate concerning the branches of the State Bank in provinces and centrally-administered cities.

5. Conducting re-inspection of the results of inspections conducted by inspection teams established by the State Bank when there is evidence that the inspection conclusions are inaccurate, not objective, or new circumstances have been discovered.

6. Performing other tasks assigned by the Governor.

PART III - ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Article 5: The organizational structure of the State Bank Inspectorate includes:

1. Office;

2. Department of Inspection of State-Owned Credit Organizations;

3. Department of Inspection of Joint-Stock Credit Organizations;

4. Department of Inspection of Foreign Credit Organizations;

5. Department of Inspection of Cooperative Credit Organizations;

6. Department of Inspection of Non-Banking Credit Organizations;

7. Department of Inspection of Appeals and Complaints;

8. Department of Supervision and Analysis.

Specific tasks of these Departments and units are defined by the Chief Inspector.

Article 6: Duties and powers of the Chief Inspector of the State Bank Inspectorate:

1. Implementing the duties and powers as stipulated in Article 13 of Decree No. 91/1999/NĐ-CP dated September 4, 1999 of the Government on the organization and operations of the Banking Inspectorate; Point 7 - Section II of Circular No. 04/2000/NHNN3 dated March 28, 2000 of the Governor of the State Bank guiding the implementation of Decree No. 91/1999/NĐ-CP dated September 4, 1999 of the Government on the organization and operations of the Banking Inspectorate, being responsible before the Governor for all aspects of the work of the State Bank Inspectorate.

2. Determining the program, plan, and measures to implement the tasks of the State Bank Inspectorate as stipulated in Article 4 of this Regulation.

3. Managing and assigning tasks to staff members in the unit.

Proposing appointments, dismissals, salary increases, rewards, punishments, recruitment, and training of staff members within the authorized scope.

4. Signing on documents within the authorized scope on behalf of the Governor of the State Bank; signing documents within the authority of the Chief Inspector of the State Bank Inspectorate as prescribed by law.

5. Participating in meetings convened by the Governor.

6. Coordinating with the Party Committee and trade union to guide political and ideological work for staff members of the State Bank Inspectorate.

7. Performing other tasks assigned by the Governor of the State Bank.

, Clause 1, Clause 2 Article 7a of this Regulation.: Duties and powers of Deputy Chief Inspectors of the State Bank Inspectorate:

1. Assisting the Chief Inspector in directing and managing certain aspects of the work of the State Bank Inspectorate according to the assignment of the Chief Inspector and being responsible to the Chief Inspector for the results of the tasks assigned.

2. Signing on behalf of the Chief Inspector on documents according to the assignment of the Chief Inspector.

3. When the Chief Inspector is absent, a Deputy Chief Inspector may be authorized to represent the Chief Inspector in managing general affairs and must be responsible for the matters resolved during the period of authorization, while also reporting back to the Chief Inspector.

4. Participating in discussions with the Chief Inspector on the organization and operations of the State Bank Inspectorate according to the principle of democratic centralism and the head system.

CHAPTER IV - PROVISIONS FOR IMPLEMENTATION

Article 8: The amendment and supplementation of the provisions in this Regulation shall be decided by the Governor of the State Bank./.