Circular No. 39/2018/TT-NHNN dated December 26, 2018 of the State Bank of Vietnam on providing guidance on establishment, organization and operation of management boards of public service providers under the management of the State Bank of Vietnam

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Circular No. 39/2018/TT-NHNN dated December 26, 2018 of the State Bank of Vietnam on providing guidance on establishment, organization and operation of management boards of public service providers under the management of the State Bank of Vietnam
Issuing body: State Bank of VietnamEffective date:
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Official number:39/2018/TT-NHNNSigner:Nguyen Kim Anh
Type:CircularExpiry date:Updating
Issuing date:26/12/2018Effect status:
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Fields:Finance - Banking , Organizational structure

SUMMARY

Members of the Management board must have bachelor’s degree at least

Circular No. 39/2018/TT-NHNN dated December 26, 2018 of the State Bank of Vietnam  on providing guidance on establishment, organization and operation of management boards of public service providers under the management of the State Bank of Vietnam.

Accordingly, a member of the Management board must meet all of the following standards:

- Be an official or public employee and be young enough to hold this position for at least a term of office in case of initial appointment. Other special cases shall be considered and decided by the authority competent to establish the Management board;

- Graduated at university or higher level;

- Not be under the consideration of implementation of disciplinary measures, investigated, prosecuted, adjudicated or enforcing any disciplinary measures; must not be prohibited from holding positions as regulated by laws;

- Not be father-in-law, mother-in-law, spouse, natural or adoptive father, natural or adoptive mother, natural or adopted child, full brother or sister, brother-in-law or sister-in-law of the head or deputy head or chief accountant of the public service provider;

- Have perfect political credentials, decent morality, and be in good health for holding this position;

- Meet other standards and conditions set forth by the authority competent to establish the Management board.

This Circular takes effect on February 11, 2019.

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Effect status: Known

THE STATE BANK OF VIETNAM

Circular No. 39/2018/TT-NHNN dated December 26, 2018 of the State Bank of Vietnam  on providing guidance on establishment, organization and operation of management boards of public service providers under the management of the State Bank of Vietnam

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Government’s Decree No. 55/2012/ND-CP dated June 28, 2012 on establishment, re-structuring and dissolution of public service providers;

Pursuant to the Government’s Decree No. 16/2015/ND-CP dated February 14, 2015 stipulating the mechanism for exercising the autonomy of public service providers;

Pursuant to the Government’s Decree No. 141/2016/ND-CP dated October 10, 2016 stipulating the mechanism for exercising the autonomy of public service providers in economic sector and other sectors;

Pursuant to the Government’s Decree No. 16/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the request of the Head of the Organization and Personnel Department;

The Governor of the State Bank of Vietnam promulgates a Circular providing guidance on establishment, organization and operation of management boards of public service providers under the management of the State Bank of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidance on the establishment, organization and operation of the management boards of public service providers under the management of the State Bank of Vietnam (“SBV”) (hereinafter referred to as the “Management board”).

Article 2. Subjects of application

1. This Circular applies to:

a) Public administrative units of which recurrent and investment expenditures are covered by themselves and which are established by competent governmental authorities under legal regulations, have the legal status, and provide public services or other state management-related services in sectors under the management of SBV (hereinafter referred to as “public service providers”);

b) Regulatory authorities, organizations, units and individuals involved in the establishment, organization and operation of the Management boards of public service providers.

2. The establishment, organization and operation of the Management boards of public service providers which are governed by SBV but operate in sectors under the state management of other Ministries shall comply with specific guidelines provided by such Ministries.

Chapter II

ESTABLISHMENT AND OPERATIONAL REGULATIONS OF MANAGEMENT BOARDS

Article 3. Establishment of Management board

1. Rules and conditions for establishing a Management board shall conform to regulations laid down in Article 2 of the Circular No. 03/2016/TT-BNV dated May 25, 2016 of the Ministry of Home Affairs.

2. Procedures for establishing a Management board shall conform to regulations laid down in Article 4 of the Circular No. 03/2016/TT-BNV.

3. Authority to make decision on the establishment of a Management board shall conform to regulations laid down in Article 6 of the Circular No. 03/2016/TT-BNV.

Article 4. Operational regulations

1. Within 30 business days from the date of establishment, the Management board shall complete its regulations on operations and submit it to the authority competent to establish the Management board for considering giving approval.

Such competent authority is required to consider giving approval for the Management board’s operational regulations within 20 business days from the date of receipt of request for approval from the Management board.

2. Operational regulations of the Management board shall include, inter alia, the following:

a) General regulations;

b) Working rules; 
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