Chương VII Nghị định 39/2019/NĐ-CP: Giám sát và đánh giá hoạt động

Chapter VII

SURVEILLANCE AND ASSESSMENT OF THE FUND’S OPERATIONS

Article 54. Surveillance of the Fund’s operations

1. The Fund shall be responsible for setting up and operating the internal surveillance system which must be efficient and corresponding to its functions, duties and powers prescribed herein.

The Fund’s internal surveillance system must comprise regulatory policies, regulations, procedures, organizational and personnel structure that conform to provisions enshrined herein and are implemented to control, prevent, detect and promptly treat risks arising from the Fund’s operations.

2. The Fund must develop and release the 5-year and annual business plan by using the sample plan given in the Appendix I and II hereto before submitting it to the Ministry of Planning and Investment for monitoring and management purposes.

3. The Fund shall annually report to the Ministry of Planning and Investment on its operational results, efficiency in management of capital, assets, assessment of risks and restrictions arising from the Fund's operations, and shall make recommendations and suggest proper solutions.

4. Ministry of Planning and Investment shall oversee the Fund’s operations.

a) Such oversight shall be carried out by the Comptroller’s service;

b) Tasks involved in such oversight shall be subject to regulations laid down in point a, b, c, d and dd of clause 3 of Article 9 herein.

Article 55. Assessment of operational results and rating of the Fund

1. The Ministry of Planning and Investment shall make an annual assessment of operational results and rating of the Fund.

2. Indices used in the annual assessment of the Fund’s operational results, including:

a) Index 1: Growth of outstanding loan debts and financing sales;

b) Index 2: Bad debt ratio;

c) Index 3: Total income minus total expenses;

d) Index 4: Compliance with laws on investment, management and use of the Fund’s capital and assets, obligations to the state bank, and compliance with regulations on the regime for making annual financial reports and operational review reports of the Fund.

3. Objective factors may be taken into consideration, except in case of assessment of the Fund’s operations:

a) Natural disasters, conflagration, epidemics, economic and political changes, wars and other force majeure events;

b) Changes in concerned regulatory policies which cause impacts on support for small and medium enterprises and operating results of the Fund.

Article 56. Information disclosure

1. The Fund must periodically disclose the following information to the public:

a) Fund’s basic particulars;

b) General objectives, specific goals and targets included in the annual business plan;

c) Annual financial status report and executive summary which have already been audited;

d) Assessment report on results of implementation of the annual operational plan;

dd) Report on actual state of management and organizational structure of the Fund.

2. The Fund must publicize information about abnormalities on its website, printed publications (if any) and post up the public notice of such information within 36 hours since one of the events mentioned below happens:

a) The Fund's bank accounts frozen or resumed after being frozen;

b) Temporary suspension of part or all of the Fund's operations;

c) Change of managers, including commissioners of Members’ Board, Chairperson of the Members’ Board, Comptroller, Director or Deputy Directors;

d) Obtaining the decision on disciplinary actions, initiating legal proceedings, having the Court’s verdict or judgment against the Fund’s manager;

dd) Obtaining conclusions from the inspection or tax authorities regarding the Fund's violations against law;

e) Receiving the decision on replacement of independent auditing organization or being met with refusal to audit financial statements.

3. The Fund’s legal representative or authorized persons shall publicize information and bear responsibility for adequacy, accuracy, authenticity and timeliness of information to be disclosed.