Position and functions of the State Bank of Vietnam

Position and functions of the State Bank of Vietnam

Pursuant to Article 1 of Decree 102/2022/ND-CP regulating the position and functions of the State Bank of Vietnam as follows:

The State Bank of Vietnam (hereinafter referred to as “SBV”) is a ministerial agency of the Government of Vietnam and the Central Bank of the Socialist Republic of Vietnam;

SBV performs the state management of monetary and banking operations and foreign exchange (hereinafter referred to as “monetary and banking”); performs the functions of the Central Bank to issue money, acts as the bank of credit institutions and provides monetary services for the Government; performs the state management of public services under SBV’s jurisdiction.

Position and functions of the State Bank of Vietnam (Internet image)

Tasks and powers of the State Bank of Vietnam

Pursuant to Article 2 of Decree 102/2022/ND-CP, the SBV shall perform its tasks and powers as prescribed in the Law on the State Bank of Vietnam, Decree 123/2016/ND-CP and Decree 101/2020/ND-CP, and the following specific tasks and powers:

- Submit the following documents to the Government, including bills, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government formulated under the approved annual law-making program or plan of the SBV, and other resolutions, projects and/or schemes as assigned by the Government or the Prime Minister; annual and long-term development strategies, plannings and/or plans; national target programs, action programs and nationally significant projects and/or programs in the fields under the SBV’s jurisdiction.

- Submit the following documents to the Prime Minister, including draft decisions, directives and other legislative documents in the fields under the SBV’s jurisdiction or as assigned.

- Promulgate circulars and other legislative documents under the SBV’s jurisdiction. Instruct, inspect and assume responsibility to organize the implementation of legislative documents; formulated or approved development programs, projects and/or plans under the SBV’s jurisdiction.

- Formulate and submit annual inflation norms to the Government of Vietnam; use national monetary policy tools, including: refinancing, interest rates, exchange rates, reserve requirements, open market operations, issuance of SBV’s bills and other tools and measures adopted to implement national monetary policies.

- Organize statistics, statistical investigations, collection and retention of information on domestic and foreign economic, financial, monetary and banking operations under the SBV’s jurisdiction; carry out monetary and banking analysis and forecasting; publish monetary and banking information in accordance with regulations of law.

- Issue, modify and revoke licenses for establishment and operation of credit institutions, licenses for establishment of foreign bank branches, representative offices of foreign credit institutions, other foreign institutions performing banking operations; issue, modify and revoke licenses for provision of intermediary payment services by non-bank institutions; issue, re-issue, revise and revoke licenses for provision of credit information services (or certificates of eligibility to provide credit information services); issue and revoke registration certificates of microfinance programs/projects; consider giving approval of acquisition, sale, split-up, split-off, consolidation, merger and dissolution of credit institutions in accordance with regulations of law.

- Make decisions to impose special control measures upon credit institutions which have committed serious violations against monetary and banking regulations, or are facing financial difficulties, causing risks of compromising the safety of the entire banking sector, including: purchase of shares of these credit institution; temporarily suspend or dismiss managers and executives of credit institutions; make decisions on merger, consolidation or dissolution of credit institutions; place credit institutions under special control; perform the SBV’s tasks and powers, as defined in the Law on bankruptcy, towards credit institutions.

- Consider giving approval of lists of persons to be appointed as members of Boards of Directors, Boards of Members, Supervisory Boards, General Directors (Directors)/CEOs of credit institutions; consider giving approval of other changes in accordance with the Law on Credit Institutions.

- Perform state management of anti-money laundering operations in accordance with regulations of the Law on Anti-money Laundering.

- Carry out inspection and supervision of banking operations; carry out inspection and supervision of forex, gold trading, and anti-money laundering operations; control the credit growth; take actions against violations in the fields of monetary and banking operations, foreign exchange and anti-money laundering in accordance with regulations of law.

- Perform state management of deposit insurance in accordance with regulations of the Law on Deposit Insurance.

- Play the leading role in making, monitoring, forecasting and analyzing the implementation results of the balance of international payments; submit reports on Vietnam's implementation of balance of international payments in accordance with regulations of law; act as the leading agency in providing data on Vietnam’s balance of international payments to the relevant domestic and foreign organizations in accordance with regulations of law.

- Organize, manage, operate and supervise to ensure the safety and efficiency of the national payment system; provide payment services to banks; supervise the provision of intermediary payment services; participate in organization and supervision of operations of the payment systems in the economy; manage payment facilities in the economy.

- Perform state management of foreign currencies, foreign exchange and gold trading operations:

+ Manage foreign exchange operations in current transactions, capital transactions, and use of foreign currencies in the territory of Vietnam; foreign currency trading, provision of forex services, and other transactions related to foreign currencies; foreign exchange operations conducted in border areas in accordance with regulations of law;

+ Manage the State's foreign exchange reserves in accordance with regulations of law; trade in foreign currencies in the domestic market to serve the implementation of national monetary policies; buy and sell foreign currencies using state budget, with international institutions and other sources; trade in foreign currencies in the international market and conduct other foreign exchange transactions in accordance with regulations of law;

+ Announce the exchange rates; issue decisions on exchange rate regimes and mechanisms for exchange rate management;

+ Issue and revoke written approvals of foreign currency trading and provision of forex services of credit institutions, foreign bank branches and other institutions in accordance with regulations of law;

+ Manage foreign currencies in respect of foreign investments in Vietnam and Vietnam’s outward investments in accordance with regulations of law;

+ Manage gold trading in accordance with regulations of law;

+ Manage foreign borrowing and debt repayment by residents that get foreign conventional loans in accordance with regulations of law.

Provide guidelines on procedures and organize the certification of registration or registration of changes in foreign loans guaranteed by the Government in accordance with regulations of law;

+ Manage foreign lending and debt collection, guarantee for non-residents by credit institutions and business entities in accordance with regulations of law.

- Represent the Socialist Republic of Vietnam, the Government of Vietnam in the International Monetary Fund (IMF), the World Bank Group (WBG), the Asian Development Bank (ADB), the International Investment Bank (IIB), the International Bank for Economic Cooperation (IBEC), the Asian Infrastructure Investment Bank (AIIB), and other international monetary and banking institutions.

Perform Vietnam's rights and obligations in the international monetary and banking institutions at which the SBV acts as the representative of Vietnam; submit policies and measures for development and expansion of cooperation relationship with these institutions to the Government or the Prime Minister for consideration.

- Request the Government to conclude specific international conventions on ODA grants which are not tied to loans granted by international financial monetary institutions and international banks and represented by SBV in accordance with regulations of law.

- Promote international cooperation in the fields of monetary and banking operations and foreign exchange in accordance with regulations of law; participate in and discharge Vietnam's obligations as a member of international anti-money laundering organizations.

- Maintain stability of monetary and financial systems:

+ Consolidate, analyze and forecast monetary and financial situations; propose measures for preventing systematic risks in monetary and financial fields;

+ Formulate policies and measures for response to crises and assurance of stability of monetary, banking and financial systems.

- Perform operations of the Central Bank:

+ Organize design of money templates, printing, casting, storage and transport of paper money and coins; take charge of issuance, withdrawal, replacement and destruction of paper money and coins;

+ Take charge of refinancing which is aimed at providing short-term funding and payment facilities for credit institutions; provide refinancing loans for credit institutions in order to grant loans to specific entities according to direction or the Government or the Prime Minister;

+ Organize, operate and develop monetary market; organize management and operation of interbank market and interbank foreign exchange market.

- Offer special loans to credit institutions in accordance with regulations of law.

- Organize the credit information system and provision of credit information services; perform state management of organizations engaged in provision of credit information services; carry out analysis and credit rating of juridical persons and natural persons in the territory of Vietnam.

- Act as an agency and provide banking services for State Treasury.

- Cooperate with the Ministry of Finance of Vietnam in issuance of government bonds and government-backed bonds.

- Make decisions on approval of investment guidelines, decisions on investments in programs/projects under the SBV’s jurisdiction; organize the monitoring, assessment, supervision and inspection of implementation of plans, programs and/or projects under the SBV's jurisdiction in accordance with regulations of law.

- Organize and direct the performance of scientific research tasks, and application of scientific and technological advances and environmental protection solutions in the banking sector in accordance with regulations of law.

- Organize professional training and refresher courses in monetary and banking operations in accordance with regulations of law.

- Make decisions on specific policies/measures and direct the implementation of mechanisms for operation of providers of public services in the fields of monetary and banking operations and foreign exchange; manage administrative units under its competence in accordance with regulations of law.

- Act as a representative of state capital invested in partially state-owned credit institutions, financial institutions and enterprises in accordance with regulations of law.

Use its legal capital to make capital contribution to the establishment of special enterprises that shall take charge of performing functions and tasks of the SBV according to the Prime Minister’s decision.

- Perform tasks and powers towards non-governmental organizations/associations under the SBV's jurisdiction in accordance with regulations of law.

- Carry out inspection, settle complaints, denunciations; perform anti-corruption and and citizen reception tasks; practice thrift, combat against waste in accordance with regulations of law.

- Decide and direct the implementation of the SBV’s administrative reform programs according to the objectives and contents of the administration reform programs of the Government and guidelines given by the Prime Minister; decide and direct the innovation of working methods, workplace modernization, cultivation of civil matter service culture and application of information technology to SBV’s operations.

- Manage and organize communication activities in banking sector in connection with the SBV’s state management functions.

- Manage organizational structure, official payroll, number of employees, job positions, pay grade-based structure of officials, professional title-based structure of public employees and number of persons working in public administrative units; make decisions on internal transfer, assignment, appointment, re-appointment, discharge, dismissal, resignation, retirement, commendation and reward, disciplinary actions; implement policies on provision of preferential treatment and benefits; provide training and refresher courses for officials, public employees and workers under the SBV’s jurisdiction in accordance with regulations of law.

- Submit the recruitment mechanism and preferential treatment policies for officials which are formulated in conformity with specific operations of SBV to the Prime Minister for consideration.

- Manage financial sources and assigned assets in accordance with regulations of law.

- Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Mai Thanh Loi

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