Chapter IV
ORGANIZATION AND MANAGEMENT OF PEOPLE�S CREDIT FUNDS
Article 25.- Members congresses
The provisions on members congresses, the number of delegates and voting at the congresses, the notices on convening the congresses shall comply with the provisions of the Law on Cooperatives and other law provisions.
Article 26.- The agenda of members congresses
The members congresses shall discuss and decide on the following matters:
1. The reports on operation results in the year, reports on activities of the Managing Boards and the Control Boards.
2. The public financial and accounting reports, the planned distribution of profits and handling of losses (if any).
3. The business operation orientation for the coming year.
4. Charter capital increase or reduction; members capital contribution levels.
5. The election, supplementary election or dismissal of chairmen and/or members of the Managing Board, members of the Control Boards, of the People’s Credit Funds.
6. The adoption of plans elaborated by the Managing Boards on the levels of allowances for members of the Managing Boards and the Control Boards, the wage levels for the general directors (directors) and personnel working at the People’s Credit Funds.
7. The adoption of the lists of members to be newly admitted and members to leave the People’s Credit Funds, reported by the Managing Boards; the decisions on expulsion of members.
8. The division, separation, consolidation, merger, repurchase and/or dissolution of the People’s Credit Funds.
9. The amendment of the Charters of the People’s Credit Funds.
10. Other matters proposed by the Managing Boards, the Control Boards or at least 1/3 (one third) of the total members.
Article 27.- Ratification of positions and titles
The chairmen and other members of the Managing Boards, the heads and other members of the Control Boards, the directors of the local People’s Credit Funds, the general director of the central People’s Credit Fund (hereafter referred collectively to as the directors) must be approved by the State Bank Governor or under his/her authorization.
Article 28.- The Managing Board
1. A Managing Board has the function of administering the People’s Credit Fund according to the provisions of law.
2. The number of the Managing Board members shall be decided by the members’ congress, but must be at least three. The chairman and other members of the Managing Board shall be elected directly by the founding conference or the members’ congress by mode of secret ballots.
3. The Managing Board members must be the People’s Credit Fund members who have good morality, prestige, managerial capacity and knowledge about banking operation. The Managing Board members must not concurrently be the Control Board members, chief accountant, cashier of the People’s Credit Fund and such persons must not be their father, mother, spouse, offspring or siblings.
4. The Managing Board’s term shall be stipulated by the members’ congress, which, however, must be at least 2 years and not exceed 5 years.
5. The Managing Board shall take responsibility for its decisions before the members’ congress and before law.
6. The chairman and other members of the Managing Board must not authorize persons who are not members of the Managing Board to perform their tasks and/or exercise their powers.
Article 29.- Tasks and powers of the Managing Board
1. To organize the implementation of the resolutions of the members’ congresses.
2. To decide on issues regarding the organization and operation of the People’s Credit Fund (except for matters falling under the jurisdiction of the members’ congress).
3. To appoint, dismiss the director, deputy director, chief accountant; to decide on the number of laborers, organizational structure and professional sections of the People’s Credit Fund.
4. To prepare agenda of the members’ congresses and convene the members’ congresses.
5. To draw up plans on the levels of remuneration for members of the Managing Board and the Control Board, the wage levels for the director and employees working at the People’s Credit Fund and submit them to the members’ congresses.
6. To consider the admission of new members, to settle members’ application for the exit from the People’s Credit Fund (except cases of expulsion of members) and report them to the members’ congresses for adoption.
7. To handle irrecoverable loans and other losses according to the State’s regulations.
8. To perform other tasks and powers as prescribed by law and the Charter of the People’s Credit Fund.
Article 30.- Managing Board chairman
1. The Managing Board chairman is the People’s Credit Fund’s representative at law.
2. The chairman of the central People’s Credit Fund must not be concurrently the general director of the central People’s Credit Fund. The chairmen of the Managing Boards of the local People’s Credit Funds can be concurrently the directors of such local People’s Credit Funds as provided for by the State Bank.
3. The Managing Board chairman must not concurrently participate in the Managing Board or join in the administration of another credit institution; particularly the chairmen of the Managing Boards of the local People’s Credit Funds can join the Managing Board of the central People’s Credit Fund.
4. The Managing Board chairman is the person who organizes the performance of the tasks of the Managing Board as provided for in Article 29 of this Decree; convenes and presides over the Managing Board’s meetings; assigns the Managing Board members to implement the resolutions of the members’ congresses and decisions of the Managing Board and oversees the implementation thereof; urges and supervises the administration of the People’s Credit Fund by its director.
Article 31.- The Control Board
1. The Control Board is responsible for supervising and inspecting all activities of the People’s Credit Fund according to law and the Charter of the People’s Credit Fund.
2. The Control Board is elected directly by the members’ congress. In principle, the Control Board has at least 3 persons, at least one of them must be the full-time controller. The Control Board elects its head to administer its activities. For small-sized local People’s Credit Funds, they may elect only one full-time controller under the guidance of the State Bank. The Control Board’s term shall be same as the term of the Managing Board.
3. The Control Board members must satisfy all requirements on professional qualifications and ethics set by the State Bank.
4. The Control Board members must not concurrently be Managing Board members, chief accountant, cashier of the People’s Credit Fund and must not be their parents, mother, spouse, offspring or siblings.
Article 32.- Tasks and powers of the Control Board
1. To inspect and supervise the People’s Credit Fund’s operation according to law.
2. To inspect and supervise the observance of the Charter of the People’s Credit Fund, the resolutions of the members’ congresses and the resolutions of the Managing Board.
3. To inspect financial and accounting matters, income distribution, handling of loss amounts, the use of funds of the People’s Credit Fund, the use of property and other supports of the State.
4. To receive and settle complaints and denunciations related to activities of the People’s Credit Fund, which fall under its jurisdiction.
5. Its head or his/her representative may attend the Managing Board’s meetings but shall not participate in voting.
6. To request concerned persons in the People’s Credit Fund to supply documents, books, vouchers and other necessary information in service of the inspection, but not to use such documents and information for other purposes.
7. To use the system of inspection and internal audit (if any) of the People’s Credit Fund for the performance of its tasks.
8. To prepare the agenda of and convene members’ extraordinary congresses in the following cases where:
a) The Managing Board fails to redress or has fruitlessly redressed the violations of law, Charter and resolutions of the members’ congress as requested by the Control Board;
b) The Managing Board fails to convene the members’ extraordinary congress at the request of members prescribed in Clause 4, Article 26 of the Law on Cooperatives.
9. To notify the Managing Board of, and report before the members’ congress as well as the State Bank on, the control results; to propose to the Managing Board and/or director the remedies of weaknesses, shortcomings as well as violations in the operation of the People’s Credit Fund.
Article 33.- Director
1. The director of a People’s Credit Fund shall be appointed by its Managing Board.
2. The director of a People’s Credit Fund is the person held accountable before the Managing Board for administering the daily activities according to his/her assigned tasks and powers.
3. The director of a People’s Credit Fund must have good morality, professional qualifications and managerial capacity as provided for by the State Bank.
4. When absent, the director may authorize his deputy or a Managing Board member to run affairs of the People’s Credit Fund; the authorized person must not re-authorize another person.
Article 34.- Tasks and powers of directors
1. To administer all activities of the People’s Credit Fund strictly according to law, Charter and resolutions of the members’ congresses, resolutions of the Managing Board.
2. To select and propose the Managing Board to appoint or dismiss deputy director (if any), chief accountant.
3. To recruit, discipline and dismiss employees working at the People’s Credit Fund.
4. To sign reports, documents, contracts and vouchers; to submit to the Managing Board the reports on the situation and results of operations of the People’s Credit Fund.
5. The director being not member of the Managing Board can attend meetings of the Managing Board but has no right to vote.
6. To prepare operation reports, final settlement reports, the projected profit distribution, loss-handling plans, plans on handling risks (if any) and draw up operation orientation for the coming year for consideration by the Managing Board and submission to the members’ congresses.
7. To decline to execute decisions of the chairman or members of the Managing Board if deeming that such decisions are contrary to law, to the Charter and/or resolutions of the members� congresses; and immediately report them to the State Bank for handling measures.
Article 35.- Persons who must not be members of the Managing Board or Control Board, executives
1. The following persons must not be elected to the Managing Board or the Control Board or appointed to the post of director, deputy director (if any):
a) Persons who are being examined for penal liability;
b) Persons who have been sentenced for serious offenses of infringing upon the national security, the socialist ownership and citizens’ property; serious economic crimes;
c) Persons who have been sentenced for other crimes and the judgments have not yet been written off;
d) Persons who were once the Managing Board members or directors of organizations which have gone bankrupt, except cases prescribed in Clause 2, Article 50 of the Law on Enterprise Bankruptcy;
e) Persons who were once representatives at law of organizations which have been suspended from operation due to their serious law violations.
2. Parents, spouses, offspring and siblings of the Managing Board members or directors must not be the Control Board members, chief accountant of the same People’s Credit Fund.
Article 36.- Inspection, internal audit
The inspection and internal audit of the People’s Credit Fund shall comply with the provisions in Section 4, Chapter II of the Law on Credit Institutions and other law provisions.
Tìm kiếm
Nghị định 48/2001/NĐ-CP (Bản Word)