|
THE PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
131/2002/QD-TTg
|
Hanoi, October 04, 2002
|
DECISION
ON THE ESTABLISHMENT OF THE SOCIAL POLICY
BANK
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Law on Credit Institutions of December 22, 1997;
Pursuant to the Government’s
Decree No. 78/2002/ND-CP of October 4, 2002 on credit for the poor and other
policy beneficiaries;
At the proposals of the Minister of the Interior, the Governor of Vietnam
State Bank, the Minister of Finance, the Minister of Planning and Investment,
the Minister of Labor, War Invalids and Social Affairs, and the
Minister-Director of the Government’s
Office,
DECIDES:
Article 1.- To establish the Social Policy Bank in order to
implement credit policies towards the poor and other policy beneficiaries on
the basis of reorganizing the Bank for the Poor, which was set up under
Decision No. 230/QD-NH5 of September 1st, 1995 of the Governor of Vietnam State
Bank.
The Social Policy Bank has the uniform
managerial and executive apparatus throughout the country, is a legal person,
has its charter capital, seal, property and transaction system from the central
to local levels. Its office is headquartered in Hanoi capital.
Its initial charter capital is VND
5,000,000,000,000 (five thousand billion Vietnam dong), which shall be
additionally allocated depending on the operation requirements of each period.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The operating duration of the Social Policy Bank
shall be 99 years.
Article 2.- The Social Policy Bank may mobilize capital from
domestic and foreign organizations and individuals, and receive capital sources
from the Government and the People’s
Committees at all levels in order to provide loans for the poor and other
policy beneficiaries.
Article 3.- The Social Policy Bank shall operate for
non-profit purposes, its solvency shall be guaranteed by the State, the
compulsory reserve rate shall be 0% (zero percent), it shall not have to
participate in deposit insurance and be exempt from taxes and State budget remittances.
Article 4.- The organizational structure of the Social
Policy Bank consists of:
- The head-office located in Hanoi capital;
- Branches located in the provinces and
centrally-run cities;
- Transaction bureaus located in rural and urban
districts as well as provincial cities. Where necessary, the district-level
branches of the Social Policy Bank may be set up, which shall be decided by the
Managing Board of the Social Policy Bank.
The tasks, powers and organizational structures
of the head office, branches and transaction bureaus shall be decided by the
Managing Board of the Social Policy Bank.
Article 5.- Management and administration of the
Social Policy Bank
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Managing the operation of the Social Policy
Bank shall be the general director.
Article 6.- Managing Board of the Social Policy Bank
1. The Managing Board is composed of 12 members,
including 09 part-time members and 03 full-time members. 09 part-time members
include the Governor of Vietnam State Bank being the Managing Board’s chairman, and vice-ministers or persons of
equivalent post of the Ministry of Finance, the Ministry of Planning and
Investment, the Ministry of Labor, War Invalids and Social Affairs, the
Ministry of Agriculture and Rural Development, the Nationalities Committee, and
the Government’s Office,
vice-president of Vietnam Peasants Association and vice-president of Vietnam
Women’s Union being the 08 other
part-time members; 03 full-time members include 01 member being the standing
vice-chairman, 01 member being the general director, and 01 member being the
head of the Control Board.
2. The term of office of the Social Policy Bank’s Managing Board members is 5 years, and they may
be re-appointed.
3. The Prime Minister shall appoint and dismiss
the chairman, the vice-chairman and members of the Managing Board, and the
general director.
4. In the provinces and centrally-run cities;
urban and rural districts as well as provincial towns and cities, the Managing
Board’s representative boards
shall be set up with presidents or vice-presidents of the People’s Committees of the same level as their heads. The
presidents of the People’s Committees of the
same level shall decide on personnel of the Managing Board’s representative boards.
5. The tasks and powers of the Managing Board
and its representative boards of various levels shall comply with the
Organization and Operation Charter of the Social Policy Bank.
6. The Managing Board and its representative
boards of various levels may use the apparatuses and seals of the Social Policy
Bank’s offices of the same level
in order to perform their tasks.
7. Part-time members of the Managing Board, the
Managing Board’s representative
boards of various levels, the commune-level officials and other individuals
working for the Social Policy Bank shall be entitled to remuneration and other
interests as prescribed by the Ministry of Finance.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The Managing Board’s Chairman shall sign the appointment and dismissal
of deputy general directors.
The tasks and powers of the general director
shall comply with the Organization and Operation Charter of the Social Policy
Bank.
Article 8.- Financial, salary and allowance regimes for
officials and employees, as well as the setting up and use of the Social Policy
Bank’s funds
shall be decided by the Prime Minister.
Article 9.-
1. The ministries, the ministerial-level
agencies and the socio-political organizations named in Clause 1, Article 6 of
this Decision shall have to appoint their officials to participate in the
Managing Board of the Social Policy Bank.
2. The Ministry of Planning and Investment shall
guide the operation registration of the Social Policy Bank and coordinate with
the Ministry of Finance in submitting to the Prime Minister the allocation of
charter capital to the Social Policy Bank according to the provisions in
Article 1 of this Decision.
3. The Minister of Finance shall submit to the
Prime Minister for promulgation the Regulation on financial management of the
Social Policy Bank, loan capital plan and loss-offsetting allocation plan in
the annual and 5-year State budget estimates.
4. The Minister of Labor, War Invalids and
Social Affairs shall submit to the Prime Minister for promulgation the salary
and allowance regimes for officials and employees of the Social Policy Bank.
5. The Minister of the Interior shall submit to
the Prime Minister the appointment and dismissal of the chairman, the
vice-chairman, the general director and members of the Managing Board.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 11.- The Governor of Vietnam State Bank shall direct
Vietnam Bank for Agriculture and Rural Development and the Bank for the Poor to
transfer the task of lending capital to poor households; hand over capital,
property, relevant documents and officials currently working on a full-time
basis for the Bank for the Poor to the Social Policy Bank in order to ensure
that the latter shall commence its operation on January 1, 2003.
The Ministry of Finance, the Ministry of Labor,
War Invalids and Social Affairs, the Ministry of Agriculture and Rural
Development, the People’s Committees of all
levels and State commercial banks shall have to inventory and evaluate capital,
property and preferential loan debts of policy beneficiaries, and transfer them
to the Social Policy Bank before June 30, 2003. When the transfer is not
completed the above-said agencies and organizations shall continue providing
loans to social policy beneficiaries according to current regulations.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s
Committees of the provinces and centrally-run cities, and the chairman of the
Managing Board of the Social Policy Bank shall have to implement this Decision.
PRIME MINISTER
Phan Van Khai