Chương VI Nghị định 93/2017/NĐ-CP : Trách nhiệm của hội đồng quản trị, hội đồng thành viên, tổng giám đốc, giám đốc, người đại diện tại tổ chức tín dụng, chi nhánh ngân hàng nước ngoài

Chapter VI

RESPONSIBILITIES OF THE BOARDS OF DIRECTORS, THE BOARDS OF MEMBERS, THE GENERAL DIRECTORS, THE DIRECTORS AND REPRESENTATIVES OF BRANCHES OF FOREIGN BANKS AND CREDIT INSTITUTIONS

Article 33. Responsibilities of the Board of directors and the Board of members of the credit institution

1. Inspect and supervise the financial activities of the credit institution as prescribed by the Law on credit institutions and other related regulations.

2. Receive capital, land, natural resources and other resources provided by the State, the owner and the contributors.

3. Make decisions or approvals within the authority as prescribed by the Law on credit institutions, other related regulations and the charter of the credit institution:

a) The plan on capital mobilization;

b) The plan on using, preserving and growing capital, the projects of investment and asset trading of the credit institution; the Plan on contribution and purchase of shares of other enterprises or credit institutions; the plan on transfer of the invested capital portions;

c) Annual financial statements and long-term financial plans, annual financial plans of the credit institution;

d) Annual financial statements of independent associate companies affiliated to the credit institution;

dd) The appointment of representatives of the capital invested in other enterprises.

4. Disclose the financial statements as prescribed by the Law on credit institutions.

5. Inspect, supervise the General Director (Director) of the credit institution, the Directors of the independent associate companies in the capital use, preservation and growth; the implementation of the approve business plans; the fulfillment of the State budget obligations.

6. Take responsibilities for the accuracy of the financial statements of the credit institution.

7. Perform other responsibilities as prescribed by laws and the charter of the credit institution.

Article 34. Responsibilities of the General Director (Director) of the credit institution

1. Operate the credit institution and take responsibilities before the Board of Directors, Board of Members and before law for the operation of the credit institution.

2. Operate the capital use in business consistently with the plans on using, preserving and growing capital approved by Board of Directors and Board of Members; implement the plans on profit distribution after fulfilling the tax liability and other financial obligations.

3. Be responsible for the mobilization and use of capital in business; the damage caused by subjective mistakes.

4. Formulate cost standards correspond to the business condition of the credit institution.

5. Make and submit the financial statements to Board of Directors and Board of Members for approval, be responsible for the accuracy of the financial statements, statistics and other financial information.

6. Formulate and submit annual financial plans in accordance with the business plan to the Board of Directors and Board of Members for approval.

7. Make decisions on the projects of investment, contribution, purchases of shares from other credit institutions and enterprises, transfer of invested capital portions according to the decentralization and authorization of the Board of Directors and Board of Members of the credit institution.

8. Perform other responsibilities as prescribed by laws and the charter of the credit institution.

Article 35. Responsibilities of the General Director (Director) of branches of foreign banks

1. Represent the foreign bank branch; take responsibilities before law for every activity and daily operation of the foreign bank branch within the rights and obligations in accordance with effective law provisions.

2. In case one foreign bank has two or more branches in Vietnam and exercise the uniform report, accounting and financial regulations, the foreign bank must authorize a General Director (Director) of the branch to be responsible before law for every activity of the branches of the foreign bank in Vietnam.

Article 36. Responsibilities of the representative of state capital of the credit institution

The representative of state capital at the credit institution shall perform rights and responsibilities of the representative in connection with financial management, financial supervision and assessment of effectiveness of state capital investment at the credit institution according to the provisions of this Decree, the law on management and utilization of state capital invested in the enterprise’s manufacturing and business activities and other related regulations.