Chương I Nghị định 45/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for:

a) The organization and operation of the cooperative development assistance fund that is established under the Prime Minister’s Decision No. 246/2006/QD-TTg dated October 27, 2006 and the Prime Minister’s Decision No. 23/2017/QD-TTg dated June 22, 2017 (hereinafter referred to as “central cooperative fund”);

b) The establishment, organization and operation of cooperative development assistance funds of provinces and central-affiliated cities (hereinafter referred to as “provincial cooperative funds”).

2. This Decree applies to:

a) The central cooperative fund and provincial cooperative funds;

b) Cooperatives and cooperative unions; members of artels and cooperatives getting loans from cooperative funds in accordance with regulations hereof;

c) Vietnam Cooperative Alliance and cooperative alliances at all levels; organizations and individuals involved in the implementation of this Decree.

Article 2. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “cooperative fund” or “fund” means the central cooperative fund or a provincial cooperative fund.

2. “client” means a cooperative, cooperative union or member of an artel or cooperative that gets loans from a cooperative fund.

3. “existing charter capital” means the charter capital specified in accounting books plus or minus undistributed profits (or unrealized accumulated losses) which are recognized on accounting books at the same time.

4. “bad debt” means a debt classified in either group 3, 4 or 5 according to debt classification regulations adopted by the cooperative fund.

5. “related person” means an organization or individual prescribed in Clause 28 Article 4 of the 2010 Law on Credit Institutions and its amending documents (if any).

6. “fund’s manager” means a fund’s chairperson, chairperson or member of the fund's Board of Directors, General Director/Director, Deputy General Director/ Deputy Director, chief accountant or holder of another title prescribed in the charter on organization and operation of a cooperative fund.

7. “founding member” means a member of a cooperative or artel, cooperative or cooperative union that voluntarily makes a commitment to found or participate in the establishment of a provincial cooperative fund that operates adopting the cooperative business model.

8. “provincial People’s Committee” means the People's Committee of a province or central-affiliated city.

Article 3. Legal status and legal personality

1. A cooperative fund is an out-of-budget state financial fund that operates adopting the business model of a single-member limited liability company 100% of charter capital of which is held by the State or a financial organization that operates adopting the cooperative business model, capital preservation and growth principles, for not-for-profit purposes, and has autonomy in raising and using capital for granting loans to cooperatives, cooperative unions, and members of artels and cooperatives in accordance with regulations herein and relevant laws.

2. A cooperative fund shall have legal personality, charter capital and seal, and may open accounts at the State Treasury and commercial banks lawfully operating in Vietnam in accordance with regulations of law.

3. Establishment, organization, operation, bankruptcy and dissolution of cooperative funds shall comply with regulations herein and relevant laws corresponding to the fund's business model.

Article 4. Functions and duties of cooperative funds

1. Receive, manage and use capital from domestic and foreign sources, financial supports, aids, contributions and entrusted capital of domestic and foreign entities.

2. Raise capital from domestic entities in accordance with regulations herein.

3. Provide loans to clients in accordance with regulations herein.

4. Provide financial and investment consultancy; provide training for clients getting loans from the fund in accordance with regulations of law.

5. Offer and receive trusteeship in accordance with regulations herein and relevant laws.

Article 5. Operational principles of cooperative funds

1. The cooperative fund operates according to the financial autonomy and the principles of public disclosure, transparency, capital preservation and growth.

2. The cooperative fund provides loan to right entities that meet requirements specified in this Decree.

Article 6. Responsibilities and rights of cooperative funds

The cooperative fund shall have primary responsibilities and rights as follows:

1. Responsibilities of the cooperative fund:

a) Provide loans to right clients that meet requirements as prescribed;

b) Use capital for defined purposes as prescribed herein and relevant laws;

c) Implement policies on accounting, statistical reports and financial statements as prescribed in the laws on accounting and statistics;

d) Bear the inspection of competent authorities in accordance with regulations of law and the inspection of the cooperative alliance of the same level;

dd) Provide data and publicly disclose financial status and operational status as prescribed herein and in relevant laws;

e) Purchase property insurance and other insurance as prescribed by law to ensure safety for its operation;

g) Promulgate and revise procedures and internal regulations on organization, administration and operation of the cooperative fund under its jurisdiction prescribed in its charter on organization and operation.

2. Rights of the cooperative fund:

a) Ensure its organization and operation adhere to its defined objectives and scope of operation;

b) Select feasible and efficient investment projects and business plans that meet requirements and are suitable for the client assistance plan of the cooperative fund for giving loans according to regulations herein;

c) Recruit, arrange, use, train and develop its employees in accordance with regulations herein and relevant laws;

d) Refuse requests for provision of information and resources of the cooperative fund if such requests are contrary to regulations of law and the charter on organization and operation of the cooperative fund.