Decision No. 558/2002/QĐ-NHNN on the issuance of regulations on the organization and operation of the Small and Medium Enterprise Loan Project Management Board

Pursuant to …;

Regarding the issuance of regulations on the organization and operation of the project management board

for small and medium-sized enterprise (SME) funding

___________________

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 by Ministries and ministerial-level agencies;

Pursuant to Decree No. 17/2001/NĐ-CP dated May 4, 2001 of the Government on the issuance of regulations on the management and use of official development assistance funds;

Pursuant to the Loan Agreement for the SME Funding Project between the Japan Overseas Economic Cooperation Fund and the Government of the Socialist Republic of Vietnam signed on March 30, 1999;

Pursuant to Circular No. 979/CP-QHQT dated August 20, 1998 of the Prime Minister regarding the "government agency representing the government to borrow OECF credit for the revolving loan program to develop small and medium industries";

Pursuant to Decision No. 248/QĐ-NHNN dated March 29, 2002 of the Governor of the State Bank of Vietnam on the establishment of the Project Management Board for SME Funding;

At the proposal of the Director of the Organization and Training Department and the Director of the Project Management Board for SME Funding,

Pursuant to …;

Article 1. The attached Decision hereby promulgates the "Regulations on the Organization and Operation of the Project Management Board for SME Funding."

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 Organization and Training Department, the Director of the Project Management Board for SME Funding, and the Heads of relevant units under the State Bank of Vietnam shall be responsible for implementing this Decision.

REGULATIONS

Organization and operation of the project management board for SME funding

small and medium enterprises

(Attached to Decision No. 558/QĐ-NHNN dated June 3

2002 of the Governor of the State Bank of Vietnam)

___________

Chapter 1:

GENERAL PROVISIONS

Article 1. The Project Management Board for SME Funding (hereinafter referred to as the Project Management Board) was established pursuant to Decision No. 248/QĐ-NHNN dated March 29, 2002 of the Governor of the State Bank of Vietnam to assist the State Bank of Vietnam in implementing the Loan Agreement for the SME Funding Project between the Japan Overseas Economic Cooperation Fund and the Government of the Socialist Republic of Vietnam.

The Project Management Board has its own seal and is authorized to open accounts at banks and implement financial mechanisms issued by the Governor of the State Bank of Vietnam.

Article 2. The Project Management Board is headed by a Director; assisting the Director are several Deputy Directors.

Chapter 2

TASKS OF THE PROJECT MANAGEMENT BOARD

Article 3. The Project Management Board performs the following tasks:

1. Representing the State Bank of Vietnam in legal relations and in relations with state management agencies, the Japan Bank for International Cooperation (JBIC), enterprises, individuals, and other organizations both within and outside the country within the scope of the project.

2. Coordinating with JBIC, relevant Vietnamese agencies, and banks to build and implement plans for the project's execution to ensure compliance with objectives, target groups, timelines, and commitments recorded in the signed Loan Agreement and approved project contents.

3. Managing, operating, and using project resources efficiently.

4. Receiving capital and coordinating with the Ministry of Finance to repay JBIC.

5. Transferring loans to banks for onward lending; guiding banks to follow JBIC procedures and formalities.

6. Approving loans exceeding 10 billion VND.

7. Monitoring and supervising the financial situation and lending results of executing banks; inspecting and supervising the use of loan funds in accordance with JBIC and State Bank of Vietnam regulations.

8. Implementing reporting systems for project progress, financial reports, statistics, accounting, and auditing according to current national regulations and the Loan Agreement.

9. Adhering to inspection and audit systems of the State Bank of Vietnam and competent authorities as prescribed by law.

10. Performing other tasks within the framework of the project assigned by the Governor of the State Bank of Vietnam.

11. Performing other tasks assigned by the Governor of the State Bank of Vietnam.

Chapter 3

ORGANIZATION AND MANAGEMENT OF THE PROJECT MANAGEMENT BOARD

Article 4. The Project Management Board consists of the following units:

1. General Affairs Unit,

2. Appraisal Unit,

Capital Management and Technical Services Unit,

Disbursement Accounting Room.

Specific tasks of these units are defined by the Director of the Project Management Board.

Article 5. Duties and powers of the Director of the Project Management Board:

1. Organizing and implementing all aspects of the Project Management Board's work and being accountable to the Governor of the State Bank of Vietnam.

2. Deciding on programs, plans, measures, and organizational management methods to implement the Project Management Board's tasks as stipulated in these Regulations.

3. Managing staff assignments, proposing salary increases, rewards, disciplinary actions, recruitment, training, and other benefits for staff according to delegated authority.

4. Cooperating with the Party Committee, Trade Union, and mass organizations within the Project Management Board to guide political thought work, material and spiritual life for staff according to national regulations.

Article 6. Duties and powers of the Deputy Director of the Project Management Board:

1. Assisting the Director of the Project Management Board in directing and managing certain areas of work and being accountable to the Director for the areas assigned.

2. Signing on behalf of the Director on documents within the assigned area.

3. When the Director of the Project Management Board is absent, one Deputy Director may be authorized (in writing) to represent the Project Management Board in handling matters and must be accountable for the matters handled while reporting to the Director upon their return.

4. Participating in discussions with the Director of the Project Management Board on the organization and operation of the Board according to the principle of democratic centralism and the head system.

Chapter 4

IMPLEMENTING PROVISIONS

Article 7. Any supplementation or amendment to the provisions of these Regulations shall be decided by the Governor of the State Bank of Vietnam.

These Regulations shall cease to be effective when the Project Management Board ceases operations.