THE GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
218/1999/QD-TTg
|
Hanoi, November 9, 1999
|
DECISION
ON THE ESTABLISHMENT OF VIETNAM DEPOSIT
INSURANCE
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decree No. 89/1999/ND-CP of September 1st, 1999 on deposit
insurance;
At the proposals of the Vietnam State Bank Governor and the Minister-Head of
the Government Commission for Organization and Personnel,
DECIDES:
Article 1.- To establish Vietnam Deposit Insurance in order
to protect the lawful rights and interests of money depositors, contribute to
maintaining the stability of the organizations participating in the deposit
insurance as well as the safe and healthy development of banking operations.
Article 2.- Vietnam Deposit Insurance is a State-run
financial organization that has the legal person status, conducts independent
cost-accounting, preserves capital and covers its expenses with its own
revenues, operates throughout the country, has charter capital, assets, balance
sheet and its own seals, and is allowed to open accounts at domestic and
overseas banks.
Vietnam Deposit Insurance is headquartered in
Hanoi and allowed to open its branches and representative offices in various
localities in the country, when necessary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- Vietnam Deposit Insurance operates for
non-profit purposes.
The financial regime of Vietnam Deposit
Insurance shall be decided by the Prime Minister on the basis of the proposal
of the Ministry of Finance and the opinions of the State Bank.
Vietnam Deposit Insurance is exempt from taxes
as prescribed by law.
Article 4.- The operating capital of Vietnam Deposit
Insurance shall include:
1. Charter capital: VND 1,000 billion provided
by the State;
2. Additional capital sources from collection of
annual deposit insurance premium;
3. Other sources.
Article 5.- Vietnam Deposit Insurance shall have the
following tasks and powers:
1. To collect deposit insurance premium from the
organizations participating in deposit insurance according to regulations;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. To monitor, supervise and inspect the
observance of the regulations in the Government’s Decree on
deposit insurance as well as the regulations on safety in the operations of the
organizations participating in the deposit insurance;
4. To support the organizations participating in
the deposit insurance if they are in danger of losing their payment capability
but not to the extent of being placed under the state of special control;
5. To take part in the management and
liquidation of the assets of the bankrupt deposit-insurance participating
organizations;
6. To propose to the State Bank and competent
State bodies the elaboration, amendment and/or addition of guidelines and
policies on the deposit insurance;
7. To propagate the deposit insurance to the
public; organize training and consultancy courses on operations relating to
deposit insurance;
8. To cooperate with domestic and foreign
organizations with a view to enhancing the operating capability of Vietnam
Deposit Insurance and the deposit-insurance participating organizations;
9. To perform other tasks when assigned by the
Prime Minister.
Article 6.- Organizational structure, administration and
management
1. The Managing Board:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The appointment and dismissal of the Managing
Board members shall be decided by the Prime Minister at the proposals of the
State Bank Governor and the Minister-Head of the Government Commission for
Organization and Personnel.
b) The tasks and powers of the Managing Board
shall comply with the Vietnam Deposit Insurance’s Charter.
2. The Control Board shall be composed of 3
full-time members and a number of part-time members, one of them shall be the
chief. Control Board members (excluding its chief) shall be appointed and
dismissed by the Managing Board Chairman on the basis of the proposal of the
Control Board chief.
The tasks and powers of the Control Board shall
comply with the Vietnam Deposit Insurance�s Charter.
3. The general director shall be a legal person
representative of Vietnam Deposit Insurance.
The general director shall be assisted by a
number of deputy general directors. The appointment and dismissal of deputy
general directors shall be decided by the State Bank Governor at the proposal
of the Managing Board Chairman.
The tasks and powers of the general director and
the organizational structure of the managerial apparatus shall comply with the
Vietnam Deposit Insurance’s Charter.
Article 7.- The State Bank Governor shall be authorized by
the Prime Minister:
1. To supervise the operations of Vietnam
Deposit Insurance’s Managing Board and have the
competence:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To receive periodical and extraordinary
reports of all kinds, including control reports of the Control Board,
resolutions of the Managing Board; in cases where he/she detects errors in the
reports or disagrees with the contents of the Managing Board’s
resolutions, the State Bank Governor shall directly work with the Managing
Board for unified handling or readjustment of the resolutions’
contents; in cases where errors in operations and contents of the Managing
Board’s resolutions contravene the Government’s
Decree on deposit insurance or other legal documents, the State Bank Governor
shall report such to the Prime Minister for consideration and decision.
2. To perform a number of other specific tasks
assigned by the Prime Minister.
Article 8.- This Decision takes effect 15 days after its
signing.
Article 9.- The State Bank Governor, the Minister-Head of
the Government Commission for Organization and Personnel, the Minister of
Finance, the heads of the concerned agencies shall have to guide and implement
this Decision.
PRIME MINISTER
Phan Van Khai