Chapter VIII
IMPLEMENTATION PROVISIONS
Article 57. Responsibilities of the Ministry of Planning and Investment
1. Preside over and cooperate with the Ministry of Finance in reporting to the Prime Minister to seek his approval of allocation of chartered capital; his decision on increase or reduction in the Fund's chartered capital.
2. Provide instructions on planning, appointment, discharge, secondment of, and benefits and policies granted to the Fund’s manager.
3. Provide instructions for treatment of risks, assessment of the Fund's operational results and rating.
4. Provide instructions for receipt of the Fund’s grants, aids, contributions or fiduciary funds.
5. Have opinions on whether the 5-year or annual business plan of the Fund is approved.
6. Make decisions on appointment, re-appointment, discharge, assessment, reward, discipline, benefits and policies which are applied to the Chairperson, commissioners of the Members’ Board or Comptroller; agree to approve the request of the Members' Board for appointment, reappointment and discharge of the Director.
7. Make decisions on, preside over or cooperate with the Ministry of Finance in reporting to the Prime Minister to seek his decision on measures to treat the Fund’s risks under its jurisdiction in accordance with provisions laid down herein.
8. Issue practice rules of the Comptroller.
9. Carry out the Fund’s rating under law.
10. Make an annual assessment of operational results and rating of the Fund.
11. Implement other rights and obligations of the state owner’s representative under the provisions hereof and other relevant law.
Article 58. Responsibilities of the Ministry of Finance
1. Provide guidance on the Fund’s accounting regime.
2. Allocate its capital as the Fund’s chartered capital approved under the Prime Minister’s decision.
Article 59. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs
Provide instructions on the Fund’s rating and management of labor, salaries, wages and bonuses paid to the Fund’s employees and managers.
Article 60. Responsibilities of small and medium enterprises receiving the Fund’s support
1. Use borrowed funds and finances for right purposes and in conformance to agreements with the Fund and other involved parties.
2. Comply with laws, strictly and fully conform to commitments and obligations under agreements between the Fund and other involved parties.
3. Provide information and documents related to lending and use of the Fund’s capital in a timely, sufficient, accurate and truthful manner, and bear legal liability for accuracy and legitimacy of provided information and documents.
Article 61. Transitional provision
1. Production and business projects and plans of small and medium enterprises that have already been entrusted to lending commercial banks before the entry into force of this Decree shall be continued under agreements signed under the provisions of the Prime Minister’s Decision No. 601/QD-TTg dated April 17, 2013 on establishment of small and medium enterprise development fund until end of the lending entrustment period.
2. The Fund shall continue to apply the accounting regime specified in current regulations applied to small and medium enterprises until instructional documents are issued by the Ministry of Finance.
3. The Fund shall continue to implement regulations on salaries, wages, remunerations and bonuses paid to managers and employees under the provisions of the Government's Decree No. 52/2016/ND-CP dated June 13, 2016 on salaries, remunerations and bonuses paid to managers of single member limited liability companies whose chartered capital is wholly owned by the State, the Government’s Decree No. 51/2016/ND-CP dated June 13, 2016 on management of labor, salaries and bonuses paid to employees working in single member limited liability companies whose chartered capital is wholly owned by the State and the Circular No. 38/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs on instructions for management of labor, salaries and remunerations paid to the small and medium enterprise development fund until instructional documents are issued by the Ministry of Labor, War Invalids and Social Affairs.
Article 62. Effect and implementation responsibilities
1. This Decree shall enter into force on July 1, 2019.
2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Chairmen/Chairwomen of People’s Committees of provinces and centrally-affiliated cities, Chairperson of Members' Board, commissioners of the Members' Board and Director of the small and medium enterprise development fund, organizations and individuals involved, shall be responsible for enforcing this Decree./
Tìm kiếm
Nghị định 39/2019/NĐ-CP (Bản Word)
Nghị định 39/2019/NĐ-CP (Bản Pdf)