Chương 4 Nghị định 78/2002/NĐ-CP: Trách nhiệm của các cơ quan quản lý nhà nước

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 21.- The Prime Minister

1. To direct the Finance Ministry, the Ministry of Planning and Investment and the State Bank to arrange capital sources for the allocation of enough charter capital to the Social Policy Bank upon its establishment, and the supplementation of its charter capital.

2. To direct the Finance Ministry and the Ministry of Planning and Investment to plan the increase of State budget capital sources so as to provide credits for poor people and other policy beneficiaries according to the annual plans.

3. To decide on the use and transfer of the Government’s ODA and foreign loan capital sources reserved for credits to be provided for poor people and other policy beneficiaries.

4. To decide on bond issuance with the Government guarantee in order to mobilize capital for the Social Policy Bank.

5. To decide on the handling of loans suffering from risks which occur on a wide scale due to objective causes.

Article 22.- The ministries, the ministerial-level agencies and the agencies attached to the Government shall, according to their respective jurisdictions, perform the function of State management over operation of the Social Policy Bank and create favorable conditions for its activities.

Article 23.- Basing itself on the national target program on hunger elimination, poverty alleviation and job creation, the Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment in incorporating the loan capital plan and deficit-offsetting plan in the annual and five-year State budget estimates to be submitted to the Prime Minister.

Article 24.- Agencies and organizations entitled to nominate their persons to participate in the Managing Board of the Social Policy Bank shall, apart from the specialized management functions according to their respective jurisdictions, have to perform the following tasks:

1. To advise the Government and the Prime Minister on basic undertakings, policies and solutions for the provision of preferential credit for poor people and other social beneficiaries.

2. To direct the application of specialized measures related to operation of the Social Policy Bank.

3. To nominate their competent representatives to participate in the Managing Board of the Social Policy Bank.

Article 25.- The presidents of the People’s Committees of the provinces and centrally-run cities shall have the responsibility to:

1. Direct the provincial/municipal Services, Departments, branches, local Steering Committees for hunger elimination and poverty alleviation program and district-level People’s Committees to coordinate with socio-political organizations in incorporating programs and projects on production and/or business, restructuring, selection of plant varieties and animal breeds, business lines, programs on technology transfer, industrial, agricultural, forestry and fishery promotion as well as market guidance into the use of credit capital; combining economic programs with infrastructure construction programs and socio-cultural programs so as to support the borrowers in using loan capital for the right purposes, with efficiency and at low risks.

2. Direct the implementation of resolutions of the People’s Councils on the deduction of part of the annual local budget revenue surplus and expenditure savings for transfer to the Social Policy Bank’s branches in localities according to the provisions in Clause 3, Article 7 of this Decree.

3. Decide on the setting up and supervise the operation of the representative boards of the Managing Board in their respective localities according to the provisions of the Social Policy Bank’s Organization and Operation Charter.

4. Direct the entrusted organizations in observing the credit policies for local borrowers, promptly handle violations, commend and reward organizations and/or individuals that make contributions to the Social Policy Bank’s operation.

5. Concentrate the local budgets capital sources being lent to poor households and other policy beneficiaries defined in this Decree, including the local funds of loans for hunger elimination and poverty alleviation (if any), into the Social Policy Bank.

6. Within the scope of their respective tasks and powers, create favorable conditions for the Social Policy Bank’s operation.

Article 26.- The presidents of the district-level People’s Committees shall have the responsibility to:

1. Direct district branches and Steering Committees for hunger elimination and poverty alleviation programs to coordinate with socio-economic organizations in well performing the propagation and mobilization task and creating conditions for implementation of credit policies for borrowers in their respective localities.

2. Direct the commune-level People’s Committees to observe all regulations on setting up savings and capital-borrowing groups, discussing and selecting borrowers, certifying lists of poor households that fully meet conditions for loan provision, inspecting and supervising the use of loan capital, debt repayment and loan interest payment by borrowers.

3. Decide on the setting up and supervise operation of the representative boards of the Managing Board according to the Organization and Operation Charter of the Social Policy Bank.

Article 27.- The presidents of the commune-level People’s Committees shall have the responsibility to:

1. Draw up lists of poor households according to poverty standards promulgated by the Ministry of Labor, War Invalids and Social Affairs.

2. Direct the establishment and approve operation of savings and capital-borrowing groups.

3. Organize and direct the commune-level Steering Committees for hunger elimination and poverty alleviation programs to coordinate with the socio-political organizations in supervising the discussion and selection of poor households and other policy beneficiaries entitled to borrow capital, ensuring democracy and publicity; certify lists of poor households to borrow capital; coordinate with lending organizations, savings and capital-borrowing groups in inspecting the use of loan capital and urging debt recovery.

4. Comment on the borrowers applications for debt extension and risk handling.

5. Coordinate with the district-level functional departments and branches, socio-political organizations, financing organizations and lending organizations in opening classes to provide guidance on cultivation, husbandry and processing techniques as well as knowledge about markets..., and the Social Policy Bank’s regulations on capital borrowing and debt repayment.

Article 28.- Organizations and individuals that record achievements in creating capital sources, well observing the lending regulations, thus bringing about practical efficiency shall be commended and/or rewarded.

Annually, the Managing Board and the representative boards of the Managing Board of the Social Policy Bank at all levels shall consider and propose commendation and reward in appropriate forms.