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

THE STATE BANK OF VIETNAM

CircularNo. 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. Scopeof 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;

c) Duties and powers of the Management board; rights and obligations of the Chairperson and members of the Management board;

d) Funding source and remuneration paid to the Management board;

dd) Operational mechanism;

e) Relationship between the Management board and the head of the public service provider;

g) Relationship between the Management board and the superior regulatory authority;

h) Relationship between the Management board and the Executive Committee of the Communist Party of the public service provider;

i) Regulations on provision of information, reporting and management of documents of the Management board.

Article 5. Operational mechanism

1.The Management board shall convene the regular meeting once a month and when necessary, the unscheduled meeting as requested by the Management board’s Chairperson or more than half of the Management board’s members. The Management board shall operate according to the collective system. Meeting sessions held by the Management board must be attended by at least two thirds of members of the Management board.

2.A decision or resolution of the Management board shall be passed when more than half of members attending the meeting session vote in favor of it. In case of written inquiries (without convening the meeting), the decision or resolution of the Management board shall be passed when it is approved in writing by more than half of members of the Management board.

3.Remuneration and other benefits of the Chairperson and members of the Management board shall conform to the regulations on internal expenses of the public service provider. Funding for covering costs of operation of the Management board and paying remuneration and other benefits to the Chairperson and members of the Management board shall be recorded as operational expenses of the public service provider.

4.The operational mechanism of the Management board is provided for in the operational regulations of the Management board.

Chapter III

FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF MANAGEMENT BOARD

Article 6. Functions, duties and powers of Management board

Functions, duties and powers of the Management board shall conform to Article 7 and Article 8 of the Circular No. 03/2016/TT-BNV and be provided for in the Management board’s operational regulations.

Article 7. Organizational structure

1.The Management board shall consist of 05 – 11 members, including a Chairperson and other members.

2.Structure of the Management board shall consist of:

a) The head, deputy heads and representatives of some departments/ divisions/ units of the public service provider;

b) Representatives of the superior regulatory agencies of the public service provider, including representatives of Ministries, ministerial-level agencies, Provincial People’s Committee and other direct superior regulatory agencies (if any); these representatives shall work under the dual office holding regime.

Article 8. Work relationship of Management board

1.The relationship between the Management board and the head of the public service provider shall conform to regulations laid down in Clause 2 Article 10 of the Circular No. 03/2016/TT-BNV.

2.The relationship between the Management board and superior regulatory agencies shall conform to regulations laid down in Clause 3 Article 10 of the Circular No. 03/2016/TT-BNV.

Chapter IV

STANDARDS, DUTIES AND POWERS OF MEMBERS OF MANAGEMENT BOARD; APPOINTMENT AND DISMISSAL OF MEMBERS OF MANAGEMENT BOARD

Article 9. Standards of members of Management board

1.A member of the Management board must meet all of the following standards:

a) He/she must 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.

b) He/she must have perfect political credentials, decent morality, and be in good health for holding this position;

c) He/she must 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;

d) He/she must have graduated at university or higher level;

dd) He/she is not 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;

e) He/she must meet other standards and conditions set forth by the authority competent to establish the Management board.

2.The Chairperson of the Management board is required to meet all of the standards laid down in Clause 1 of this Article and standards of a head of the public service provider as regulated by the authority competent to establish the Management board.

Article 10. Appointment of members of Management board

1.Chairperson and members of the Management board shall be appointed by the Minister, the head of the ministerial-level agency or Chairperson of the Provincial People’s Committee that is competent to establish the Management board.

2.Tenure of Chairperson and members of the Management board is 05 (five) years.

3.Procedures and formalities for appointment of Chairperson and members of the Management board shall conform to regulations of the Ministry, the ministerial-level agency or the Provincial People’s Committee that is competent to establish the Management board.

Article 11. Re-appointment of members of Management board

Chairpersons and members of the Management board may be re-appointed if they satisfy the following requirements:

1.Fulfill duties during their tenure and meet all standards set forth in Article 9 of this Article at the time of re-appointment consideration.

2.Have at least 02 remaining years of service to reach the minimum retirement age as regulated by law (if the remaining years of service is less than 02 years, the tenure may be extended).

Article 12. Discharge and dismissal of members of Management board

1.Chairperson or member of the Management board shall be implicitly removed from office in the following circumstances:

a) He/she retires in accordance with applicable laws;

b) He/she is deprived of or limited in legal capacity;

c) He/she was accused by an effective judgment of the Court.

2.Chairperson or member of the Management board shall be discharged in the following circumstances:

a) He/she is transferred to another place of work;

b) He/she is not fit to undertake assigned duties;

c) He/she submits a written resignation which is approved by a competent authority.

3.Chairperson or member of the Management board shall be dismissed in the following circumstances:

a) He/she fails to fulfill assigned duties;

b) He/she is dismissed as requested in writing by more than half of members of the Management board.

4.The Management board shall consider deciding the dismissal and discharge of Chairperson and members of the Management board and submit written requests to the authority competent to establish the Management board for decision.

Article 13. Replacement and addition of members of Management board

If the replacement or addition of members to the Management board is necessary, the Management board shall select new members according to the prescribed standards and organizational structure of the Management board, and then submit a report thereof to the authority competent to establish the Management board for consideration and decision.

Article 14. Rights and duties of Chairperson of Management board

1.Consider giving approval and organize the implementation of operational programs and/or plans of the Management board.

2.Convene and chair the meeting sessions of the Management board.

3.Sign decisions and resolutions of the Management board; supervise the implementation of decisions and resolutions of the Management board and directions from superior regulatory agencies.

4.Authorize in writing a member of the Management board to perform functions and duties of the Chairperson of the Management board when the Chairperson is absent.

5.Lead and manage the Management board to operate and perform duties and powers as prescribed in Article 6 of this Circular and applicable laws.

Article 15. Rights and duties of members of Management board

1.Attend and give opinions about issues within the ambit of functions and duties of the Management board at meeting sessions held by the Management board.

2.Supervise the implementation of decisions and resolutions of the Management board and directions from superior regulatory agencies.

3.Provide written opinions about issues or matters within the ambit of functions and duties of the Management board if the meeting is not convened.

4.Keep obtained information confidential as regulated.

5.Perform other duties as assigned or authorized by Chairperson of the Management board.

Chapter V

IMPLEMENTATION

Article 16. Effect

This Circular takes effect on February 11, 2019.

Article 17. Responsibility for implementation

1.Ministries, ministerial-level agencies and Provincial People’s Committees to which public service providers operating in sectors under the management of SBV are affiliated shall implement regulations of this Circular.

2.Chief of the Ministry’s Office, the head of Organization and Personnel Department, heads of affiliated units of SBV, and heads of public service providers operating in sectors under SBV s management shall organize the implementation of this Circular./

For the Governor

Deputy Governor

Nguyen Kim Anh