THE GOVERNMENT |
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SOCIALIST REPUBLIC OF VIETNAM |
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Independence- Freedom- Happiness |
No: 156/2013/ND-CP |
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Hanoi, November 11, 2013 |
DECREE PRESCRIBING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE STATE BANK OF VIETNAM THE GOVERNMENT Pursuant to the Law on Organization of the Government dated December 25, 2001; Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010; Pursuant Decree No.36/2012/ND-CP of the Government dated April 18, 2012 on defining the functions, tasks, powers and organizational structure of the ministries and ministerial agencies; At the request of the Governor of the State Bank of Vietnam, The Government promulgates Decree on defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam Article 1.Status and functions The State Bank of Vietnam (hereinafter referred to as the State Bank) is a ministerial agency of the Government, acts as the Central Bank of the Socialist Republic of Vietnam; performs the state management of monetary and banking activities and foreign exchange; performs the issuance of money, acts as the bank of credit institutions and provides monetary services for the Government; and performs the state management of public services under the jurisdiction of the State Bank. Article 2.Tasks and powers The State Bank shall perform the tasks and powers prescribed in the Law on the State Bank of Vietnam and Decree No.36/2012/ND-CP of the Government dated April 18, 2012 on defining the functions, tasks, powers and organizational structure of the ministries and ministerial agencies as well as the following specific tasks and powers: 1. To submit to the Government draft legal texts, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly; and draft decrees of the Government in accordance with the approved annual law – making agenda of the State Bank and the projects and schemes as assigned by the Government and the Prime Minister; the long-term and annual development strategies and plans; and the national targeted programs, action plans and important projects under the management of the State Bank. 2. To submit to the Government the draft decisions, directives and other documents under the jurisdiction of the State Bank or in execution of the assignments. 3. To promulgate circulars, directives and other documents under the jurisdiction of the State Bank. To direct, guide, inspect and conduct the implementation of the legal documents, the approved or issued strategies, plans and important projects under the jurisdiction of the State Bank. 4. To formulate the annual inflation target to be submitted to the Government; to utilize the national monetary policy tools, including refinancing, interest rates, exchange rates, reserve requirement, open market operations and other instruments and measures in order to implement the national monetary policy. 5. To make statistics, collect information on economic, monetary and banking operations from within and without for researching, analyzing and forecasting monetary developments in order to formulate and regulate the national monetary policy; and publicize information on monetary and banking operations in line with law. 6. To grant, revise and revoke licenses to or from credit institutions, foreign bank branches and representative offices of foreign credit institutions and foreign organizations engaged in banking operations; to grant and revoke licenses of intermediary payment service provision to or from non - bank institutions; to grant and revoke licenses of credit information provision to or from entities; and to approve the dissolution, and M&As of credit institutions in accordance with law. 7. To decide to take special measures against those credit institutions seriously violating the regulations on monetary operations and those commercial banks in financial difficulty with the risk for the safe and sound banking sector, including the purchase of shares of these credit institutions; suspension or temporary suspension, and dismissal of the leaders of credit institutions; and to approve M&As and dissolution of credit institutions; to put credit institutions under special control; to perform the tasks and powers under its jurisdictions in line with the regulations on bankruptcy vis-a-vis credit institutions. 8. To take the lead in coordinating with the relevant entities to develop and implement the policies and plans on anti-money laundering. 9. To supervise commercial banks; to supervise foreign exchange operations and gold trading; to control credit; and to deal with violations in monetary, banking and foreign exchange operations in accordance with law. 10. To perform the state management of deposit insurance in accordance with law. 11. To collect, consolidate, compile, forecast and analyze the outcomes of the international balance of payment; to make reports on the implementation of Vietnam’s international balance of payment in line with law; and to act as the leading entity in providing data of Vietnam’s international balance of payment to domestic and foreign institutions in compliance with law. 12. To organize, manage, operate and supervise the safe and sound national payment system, and to provide payment services to commercial banks; to monitor the provision of intermediary payment services; and to manage the payment facilities in the economy. 13. To conduct the state management of foreign exchange, forex operations and gold trading, in particular : a) To manage foreign exchange and forex operations in the current transactions, capital transactions and foreign exchange spending in the Vietnamese territory; the trading and provision of forex services and other forex-related transactions; and forex operations at border gates in line with law; b) To manage the international reserves in accordance with law; to trade foreign exchange in the domestic market for the purpose of the national monetary policy; to trade foreign exchange with the state budget, international institutions and other sources; to trade foreign exchange in the international markets and perform other foreign exchange transactions in compliance with law; c) To announce the exchange rates of the domestic currency versus foreign currencies; and to determine the exchange rate regime and the exchange rate management mechanism; d) To grant or revoke the licenses of foreign exchange trading and services to or from credit institutions, foreign bank branches and other institutions in line with law; dd) To manage foreign exchange for direct investment inflow and outflow of Vietnam in accordance with law; and e) To manage gold trading in compliance with law. 14. To manage the foreign borrowing and repayment by residents who are allowed to make self-borrowing and repayment in accordance with law; to guide the registration, registration of change, revoke or cease the validation of the documents on confirming the registration and registration of change of the Government-guaranteed foreign loans. 15. To manage the lending and repayment of foreign loans and guarantees of non-residents by credit institutions and economic institutions in accordance with law. 16. To represent the Socialist Republic of Vietnam and the Vietnamese Government at the International Monetary Fund (IMF), the World Bank (WB), the Asian Development Bank (ADB), the International Investment Bank (IIB), and the International Bank for Economic Cooperation (IBEC) and other international banking and monetary institutions. To execute the rights and obligations of Vietnam at those international banking and monetary institutions with the State Bank as its representative; and to make recommendations of policies and measures to the Government and the Prime Minister for the promotion of cooperation with these institutions. 17. To take the lead in co-ordinating with the relevant authorities for preparing, negotiating, or signing international treaties with international banking and monetary institutions with the State Bank as Vietnam’s representative which is also the official representative of the borrower as stipulated in the international treaties under the authorization of the President or the Government. 18. To promote international cooperation in the monetary, banking and foreign exchange areas in line with law; and to participate and execute Vietnam’s obligations as the member of the international anti-money laundering organizations. 19. Stabilizing the financial and monetary system : a) To compile, analyze and forecast financial and monetary developments; and to propose measures to prevent systematic risks in the financial sector; b) To formulate policies and measures to cope with crisis in order to maintain the stability of the banking and financial sector. 20. Implementing the functions of the Central Bank: a) To make arrangements for minting, preservation and transportation of banknotes and coins; and to carry out the issuance, withdrawal, replacement and destruction of banknotes and coins; b) To make refinancing in order to provide short-term resources and liquidity to credit institutions; c) To set up, manage and develop the monetary market; and to manage and operate the domestic currency and foreign exchange inter-bank markets. 21. To organize a credit information system and provide credit information services; to execute the state management of credit information organizations; and to make analysis and credit-rating of entities and individuals in the Vietnamese territory ; 22. To act as an agent and perform banking services for the State Treasury. 23. To join the Ministry of Finance in issuing the Government bonds and the Government-guaranteed bonds. 24. To approve and implement the investment projects under its jurisdiction; and to evaluate and monitor the implementation of the banking investment projects in accordance with law. 25. To organize and direct scientific research, application of scientific and technological advances and environmental protection in the banking sector in line with law. 26. To organize training and retraining of monetary and banking operations in accordance with law. 27. To decide specific policies and measures, and guide the implementation of operational mechanism of public-service entities in the monetary, banking and foreign exchange sector; and manage the independent accounting public service delivery entities under its jurisdiction in accordance with law. 28. To represent the owner of state capital portions at state capital-funded enterprises : a) Formulating the schemes on the establishment, reorganization or ownership transformation of the state-owned enterprises under its management and submit them to the Prime Minister for approval and direct their implementation in the post-approval period. b) Approving according to its competence or submitting to the Prime Minister for approval the charters of the state-owned enterprises in the banking sector; c) Designating the representative of the state capital and appointing the chairman and members of the Board of Directors, the general director and duty general directors, chief accountant, chief supervisor and members of the control board of the wholly state-owned commercial banks; Designating the ownership representative of state capital portion at the state capital-funded joint-stock banks; Approving the list of nominees of the elected and appointed members of the board of directors and the control board, and the general director (director) of the credit institutions as the joint-stock or liability limited companies; d) Utilizing the legal capital to make capital contribution to the establishment of the special enterprises in order to execute the functions and duties of the State Bank under the decision of the Prime Minister. 29. To administer associations and non-governmental organizations in the areas under the state management of the State Bank in line with law. 30. To supervise and process complaints and denunciations; to fight against corruption, negative doings and red tape; and to practice thrift and combat waste in line with law. 31. To decide and direct the implementation of its administrative reform program in accordance with the objectives and contents of the Government’s administrative reform program and as directed by the Prime Minister; and to decide and direct the renewal of the working style, modernization of the working offices and application of information technology to its operations. 32. To administer the organizational structure, personnel, working positions and structure of public servants according to their professional titles as well as the number of public servants working in the public service units; to decide the regime on appointment, dismissal, retirement, job leave, reward, discipline, training and retraining of staff in line with law. 33. To submit to the Prime Minister for the promulgation of mechanisms on recruitment and employment of staff and their treatment in line with law. 34. To administer the assets and financial resources allocated to the State Bank in line with law. 35. To perform other duties and rights stipulated by law or assigned by the Government or the Prime Minister. Article 3. Organizational Structures 1. Monetary Policy Department 2. Foreign Exchange Department 3. Payment Department 4. Credit Department 5. Monetary Forecasting and Statistics Department 6. International Cooperation Department 7. Monetary and Financial Stabilization Department 8. Internal Audit Department 9. Legal Department 10. Finance and Accounting Department 11. Personnel Department 12. Emulation and Rewarding Department 13. SBV Office 14. Banking Information Technology Department 15. Issue and Vault Department 16. Administration Department 17. Banking Operations Center 18. Banking Supervision Agency 19. SBV branches of provinces and the cities directly under the central government 20. Representative Office in HCMC 21. Banking Strategy Institution 22. Credit Information Center 23. Banking Times 24. Banking Review 25. Banking Training School 26. Banking University of Ho Chi Minh City 27. Banking Academy The entities listed in items 1 to 20 of this article are to assist the Governor of the State Bank in performing his state management and central bank functions. The entities listed in items 21 to 27 are the public service entities to help the State Bank to execute its state management. The entities of the State Bank may establish divisions if practical need be. The Governor of the State Bank shall submit a proposal to the Prime Minister to issue a decision on the functions, duties, rights and organizational structure of the Banking Supervisory Agency. The Governor of the State Bank shall issue decisions on the functions, duties, rights and organizational structures of the entities of the State Bank, exclusive of the Banking Supervisory Agency. Article 4. Effectiveness This Decree takes effect on December 26, 2013, in place of the Government’s Decree No. 96/2008/ND-CP dated August 26, 2008 on functions, tasks, powers and organizational structure of the State Bank. All the provisions contrary to this Decree shall be null and void. Article 5. Transitional Provisions The Banking Supervisory Agency shall continue to execute its functions, duties, rights and organizational structure in line with law, pending a new decision issued by the Prime Minister. Article 6. Implementation The Governor, the Ministers, heads of the ministerial agencies, heads of the government agencies, and Chairmen of the People’s Committees of provinces and the cities directly under the central government shall be responsible for implementing this Decree. FOR THE GOVERNMENT PRIME MINISTER (signed and sealed)
Nguyen Tan Dung
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