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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
52/2003/ND-CP
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Hanoi, May 19, 2003
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DECREE
PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND
ORGANIZATIONAL STRUCTURE OF VIETNAM STATE BANK
THE GOVERNMENT
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 12, 1997 Law on Vietnam State Bank;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session
of the XIth National Assembly of the Socialist Republic of Vietnam prescribing
the list of ministries and ministerial-level agencies of the Government;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
At the proposals of the Governor of Vietnam State Bank and the Minister of the
Interior,
DECREES:
Article 1.- Position and functions
Vietnam State Bank (hereinafter called the State
Bank for short) is a ministerial-level agency of the Government, which
functions to perform the State management over monetary and banking activities
and acts as the Central Bank of the Socialist Republic of Vietnam; performs the
State management over public services and acts as representative of the owner
of State capital portions at State-invested enterprises operating in the
banking field as prescribed by law.
Article 2.- Tasks and powers
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1. To submit to the Government and/or the Prime
Minister bills, draft ordinances and other legal documents on monetary and
banking activities.
2. To submit to the Government and/or the Prime
Minister the development strategies and plannings, long-term, five-year and
annual plans on monetary and banking activities.
3. To promulgate decisions, directives and
circulars falling within the scope of its State management.
4. To direct, guide, inspect and take
responsibility for the implementation of legal documents approved, strategies,
plannings and plans as well as other legal documents within the scope of its
management; to propagate, disseminate and educate in the legislation and
information on banking activities.
5. On monetary and banking activities;
a/ To formulate the national monetary policies
for the Government to consider and submit them to the National Assembly for
decision and organization of the implementation thereof; to submit to the
Government schemes on the development of the system of banks and credit
institutions;
b/ To grant and withdraw permits for the
establishment and operation of credit institutions, except for cases to be
decided by the Prime Minister; to grant and withdraw permits for banking
activities of other organizations; to decide on the dissolution, and approve
the splitting, separation, consolidation or merger of credit institutions
according to law;
c/ To examine and inspect banking activities, to
control credit; to inspect, supervise and handle complains and denunciations,
to combat corruption and negative acts; to handle law violations in the field
of monetary and banking activities according to its competence;
d/ To manage the borrowing and repayment of
foreign debts by enterprises according to the Government’s regulations;
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f/ To manage foreign exchange, foreign
exchange-related activities as well as gold import and export;
g/ To sign and accede to international treaties
on monetary and banking activities according to law;
h/ To represent the Socialist Republic of
Vietnam in international monetary and banking organizations under the
authorization of the State President or the Government;
i/ To organize training and fostering courses on
banking operations; to conduct scientific and technological research and
application in the banking field.
6. To perform the functions of the Central Bank:
a/ To organize the printing, minting,
preservation and transportation of money; to carry out the operations of money
distribution, withdrawal, replacement and destruction;
b/ To effect the capital re-allocation in order
to provide short-term credit and payment instruments for the economy;
c/ To regulate the monetary market; and to carry
out the open-market operation;
d/ To control international reserves and manage
the State’s foreign exchange reserves;
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f/ To act as an agent of, and provide banking
services for, the State Treasuries;
g/ To organize the banking information system
and provide banking information services.
7. To appraise, and inspect the implementation
of, investment projects in the banking field according to law.
8. To effect international cooperation in the
banking field according to law.
9. To decide on specific undertakings and
measures and direct the implementation of mechanisms for operation of
public-service organizations in the banking field as prescribed by law, to
manage and direct the operation of non-business units under the State Bank.
10. To perform specific tasks and powers of the
representative of the owner of State capital portions at State-invested
enterprises operating in the banking field according to law.
11. To perform the State management over
operation of associations and non-governmental organizations in the banking
field according to law.
12. To decide on, and direct the implementation
of, its administrative reform program according to the objectives and contents
of the State’s administrative reform program already approved by the Prime
Minister;
13. To manage its organizational apparatus and
payroll; to direct the realization of wage policies as well as policies on
preferential treatment, commendation, rewards and disciplines towards State
officials and employees under its management.
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15. To participate in the formulation of the
country’s socio-economic development strategies and plans.
Article 3.- The organizational structure of the State Bank
consists of
a/ Organizations assisting the State Bank
Governor in performing the State management functions and the function of the
Central Bank:
1. The Monetary Policy Department;
2. The Banking Development Strategy Department;
3. The International Cooperation Department;
4. The Foreign Exchange Management Department;
5. The Department for Banks and Non-Bank Credit
Institutions (called the Bank Department for short);
6. The Department for Cooperative Credit
Institutions
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8. The Credit Department;
9. The Accounting-Finance Department;
10. The Organization and Personnel Department;
11. The Legal Department;
12. The Banking Inspectorate;
13. The Office;
14. The Transaction Office;
15. The Issuance and Vault Department;
16. The Department for Banking Information
Technology;
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The organizations stated in this Clause consist
of various sections which shall be decided by the State Bank Governor after
reaching agreement with the Minister of the Interior.
b/ The branches in provinces and centrally-run
cities.
c/ The representative office in Ho Chi Minh
City.
d/ Non-business organizations:
1. The Banking Times;
2. The Banking Magazine;
3. The Banking Institute;
4. Ho Chi Minh City Banking University;
5. The Credit Information Center.
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This Decree takes effect 15 days after its
publication in the Official Gazette and replaces the Government’s Decree No.
88/1998/ND-CP of November 2, 1998 on the functions, tasks, powers and
organizational apparatus of Vietnam State Bank and previous regulations
contrary to this Decree.
Article 5.- Implementation responsibility
The State Bank Governor, the ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the provincial/municipal People’s
Committees shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai