THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
108/2006/QD-TTg
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Hanoi,
May 19, 2006
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DECISION
ESTABLISHING THE
VIETNAM DEVELOPMENT BANK
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the December 16, 2002 Law on the State Budget;
Pursuant to the December 12, 1997 Law on Credit Institutions and the June 15,
2004 Law Amending and Supplementing a Number of Articles of the Law on Credit
Institutions;
Pursuant to the Government's Resolution No. 06/2006/NQ-CP of May 4, 2006, on
the Government's April 2006 regular meeting;
Considering the proposal of the Minister of Finance,
DECIDES:
Article 1.- To establish the Vietnam
Development Bank (hereinafter referred to as the Development Bank) on the basis
of reorganizing the Development Assistance Fund (established under the
Government's Decree No. 50/1999/ND-CP of July 8, 1999) to implement state
policies on development investment credit and export credit.
International transaction name: The Vietnam
Development Bank
Acronym name: VDB
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Article 2.- The Development
Bank shall operate on a not-for-profit basis. Its compulsory reserve ratio
shall be 0% (zero per cent). The Development Bank shall not have to buy deposit
insurance.
The Development Bank's payment capacity shall be
guaranteed by the Government. It shall be exempted from taxes and state budget
contributions according to the provisions of law.
The Development Bank's charter capital shall be
VND 5,000 billion (five thousand billion dong) which shall come from the
current charter capital of the Development Assistance Fund.
Adjustments to the charter capital of the
Development Bank shall depend on its specific requirements and tasks, ensure
the capital adequacy ratio, and be considered and decided by the Prime
Minister.
The organization and operation of the
Development Bank are prescribed in this Decision and in its Charter on
organization and operation, which is approved by the Prime Minister.
The operation term of the Development Bank shall
be 99 years from the date this Decision takes effect.
Article 3.- Capital sources
of the Development Bank:
1. State budget sources:
a/ The charter capital of the Development Bank;
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c/ ODA capital assigned by the Government.
2. Mobilized capital
a/ Issuing bonds and deposit certificates
according to the provisions of law;
b/ Taking loans from the Postal Savings, the
Social Insurance Fund and domestic and overseas credit and financial
institutions.
3. Receiving entrusted deposits of domestic and
overseas institutions.
4. Non-refundable capital voluntarily
contributed by individuals, economic, financial and credit institutions,
socio-political organizations, and domestic and overseas associations,
societies and organizations.
5. Receiving entrusted capital from local
governments, economic organizations, socio-political organizations, and
domestic and overseas associations, societies and organizations for granting
and lending.
6. Other capital sources as provided by law.
Article 4.- Functions and
tasks of the Development Bank:
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2. Implementing policies on development
investment credit:
a/ Granting loans for development investment;
b/ Post-investment support;
c/ Investment credit guarantee.
3. Implementing policies on export credit:
a/ Granting loans for export;
b/ Export investment guarantee;
c/ Guarantee for bidding participation and for
implementation of export contracts.
4. Accepting entrusted management of ODA capital
re-lent by the Government, and entrusted provision of loans for investment and
collection of debts for domestic and overseas organizations through entrustment
contracts between the Development Bank and entrusting organizations.
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6. Providing payment services for clients and
joining domestic and international payment systems to serve the Development
Bank's operations under the provisions of law.
7. Performing international cooperation tasks
concerning development investment credit and export credit.
8. Carrying out other tasks assigned by the
Government.
Article 5.- Organizational
structure of the Development Bank:
1. The Development Bank shall be composed of:
a/ The Managing Board;
b/ The Control Board;
c/ The executive apparatus including:
- The headquarters based in Hanoi capital;
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The tasks, powers and organizational structure
of the Managing Board, the Control Board and the executive apparatus of the
Development Bank shall be defined in its the Charter on organization and
operation, which is approved by the Prime Minister.
2. The Development Bank shall organize its
streamlined and efficient management and executive apparatus in certain
provinces and centrally-run cities in accordance with the requirement for and
scope of its operation.
Article 6.- Decision on
managerial tittles of the Development Bank:
1. The Prime Minister shall decide on the
appointment or dismissal of Managing Board members and the general director at
the proposal of the Minister of Home Affairs after consulting the Finance
Minister and relevant agencies.
2. The Managing Board shall decide on the
appointment or dismissal of deputy general directors, the head of the Control
Board and the chief accountant.
3. The general director shall appoint or dismiss
holders of other managerial tittles of the Development Bank.
Article 7.- The Prime
Minister shall decide on the Financial Management Regulation of the Development
Bank at the proposal of the Finance Minister.
Article 8.-
Responsibilities and powers of state agencies, local governments and relevant
organizations with respect to the Development Bank:
1. The Ministry of Finance:
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b/ Proposing to the Prime Minister to decide on amendments
and supplements to the Charter on organization and operation and the Financial
Management Regulation of the Development Bank;
c/ Monitoring, examining and inspecting
activities of the Development Bank. Monitoring the management and use of state capital
and assets which the Finance Ministry assigns or authorizes the Development
Bank to re-lend and collect debts for return to the state budget;
d/ Guiding the implementation of the Development
Bank's accounting regime;
e/ Acting as the key agency to handle general
issues and intersectoral issues of the Development Bank before submitting to
the Prime Minister for decision.
2. The State Bank of Vietnam:
a/ Guiding the Development Bank to perform
operations concerning development investment credit and export credit;
b/ Supervising the Development Bank in its
performance of professional operations under the provisions of law.
3. The Ministry of Planning and Investment:
Carrying out tasks according to its functions
and competence concerning development investment credit and export credit.
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Carrying out tasks according to its functions
and competence concerning state policies on export credit.
5. The Ministry of Home Affairs:
a/ Appraising the titles of the Managing Board
chairman, Managing Board members, and the general director of the Development
Bank before proposing nominees to the Prime Minister for appointment;
b/ Guiding the Development Bank to properly
implement regimes and policies on staff management and training.
6. The Ministry of Labor, War Invalids and
Social Affairs:
a/ Guiding the Development Bank to implement
regimes and policies on labor, wages and allowances;
b/ Inspecting and supervising the Development
Bank in implementing the Prime Minister's decisions on wage and allowance
regimes for the Development Bank's staff.
7. Other ministries and branches:
Other ministries and agencies shall perform
state management of the Development Bank according to their respective
functions and competence.
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Article 10.- Ministers,
heads of ministerial-level agencies and Government-attached agencies,
presidents of People's Committees of provinces and centrally-run cities, the
chairman of the Managing Board and the general director of the Development Bank
shall have to implement this Decision.
THE PRIME
MINISTER OF GOVERNMENT
Phan Van Khai