Circular No. 104/2009/TT-BTC implementing Decision No. 29/2009/QD-TTg dated February 20, 2009 of the Prime Minister on the self-management regime regarding staffing and operating funds of the State Securities Commission.

CIRCULAR

Regulations on the Implementation of Decision No. 29/2009/QĐ-TTg dated February 20, 2009 of the Prime Minister

concerning the establishment of the self-management regime for staffing and operating expenses of the State Securities Commission

The Ministry of Finance hereby promulgates the implementation of the self-management regime for staffing and operating expenses of the State Securities Commission as follows:

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Objectives and Requirements for Implementing the Self-Management Regime

The implementation of the self-management regime for staffing and operating expenses of the State Securities Commission must ensure the following objectives and requirements:

Article 1. 1. Properly fulfill assigned tasks; strengthen market supervision; ensure the safe and effective operation of the securities market.

2. Reform the management mechanism for staffing and operating expenses of the State Securities Commission; promote organizational restructuring, build a professional staff with high expertise.

Article 2. 3. Actively manage allocated operating funds, practice thrift, prevent waste; upgrade infrastructure, information technology systems, facilities, and working equipment to enhance management and supervisory capabilities; strengthen training and capacity building for staff, and gradually supplement income for civil servants and employees.

4. Implement transparency and democracy in accordance with the law, ensuring the legitimate rights of civil servants and employees.

On Staffing

1. The staffing of the State Securities Commission is determined within the total number of positions granted by the competent state authority to the Ministry of Finance. The Minister of Finance assigns staffing targets to the State Securities Commission in accordance with its functions and tasks as the basis for implementing the self-management regime for staffing.

2. The Chairman of the State Securities Commission shall proactively organize, manage, and utilize civil servants and employees in accordance with the law and regulations of the Ministry of Finance. The total number of positions assigned to units under the State Securities Commission shall not exceed the staffing targets granted by the Minister of Finance.

In addition to the assigned staffing, within the scope of financial autonomy and work requirements, the State Securities Commission may enter into service contracts and labor contracts in accordance with the law.

Article 3. If the staffing is lower than the assigned target, the State Securities Commission will still be guaranteed administrative management expenses based on the assigned staffing targets.

3. In case of additional functions and tasks according to the decision of the competent authority, the Chairman of the State Securities Commission shall proactively adjust staffing within the total staffing granted by the Minister of Finance. If it is necessary to increase staffing targets to meet new tasks, the Chairman of the State Securities Commission shall report to the Minister of Finance for consideration and coordination with the Minister of Home Affairs to submit to the Prime Minister for decision.

Sources of Funds to Ensure Operating Activities Under the Self-Management Regime

1. The state budget ensures regular activities based on the staffing granted by the Minister of Finance, administrative expenditure standards, twice the national wage level; regular activity expenditure levels for public institutions during the stabilization phase; annual budget increases as prescribed by the state. Among these:

a) For 2009, the state budget funding shall not be lower than that of 2008.

b) From 2010 onwards, the state budget funding shall be based on the previous year's allocation and the annual increase in central government administrative management expenditures as currently prescribed.

Article 4. 2. Revenues of the State Securities Commission, which can be retained for use in accordance with the law, include:

a) Fees for issuing permits to organizations and individuals engaged in the securities sector as prescribed by law.

b) Market surveillance fees, public company management fees, and other fees as prescribed by law.

c) Other lawful revenues:

- Training fees for securities professionals; training, education, publicity, and popularization fees for securities knowledge;

- Revenue from magazine sales and advertising in magazines, electronic media, publications;

- Recruitment fees for civil servants and employees annually;

- Information technology service fees and other service fees;

- Revenue from sponsorships and other lawful sources as prescribed by law.

3. In cases where objective factors lead to insufficient revenue for the State Securities Commission to cover the budgeted expenses, the Chairman of the State Securities Commission shall report to the Minister of Finance for consideration and submission to the Prime Minister for appropriate supplementation.

from the allocated funds for implementing the self-management regime, including:

1. Payments to individuals: wages, salaries, allowances, contributions based on salary (including social insurance, health insurance, unemployment insurance, trade union fees); rewards, collective welfare, and other payments to individuals as prescribed by the state; Among these, the wage, salary, and allowance payments shall be applied at a factor of two times the national civil servant, employee wage level.

2. Payments for public services, office supplies, information, propaganda, communication, conference, domestic travel expenses, rental; purchase, repair, maintenance, and regular upkeep of fixed assets and other administrative expenses.

3. In cases where objective factors lead to the revenue sources of the Securities Commission not ensuring the expenditure level according to the assigned budget, the Chairman of the Securities Commission shall submit to the Minister of Finance for consideration and then to the Prime Minister for consideration to supplement accordingly.

Article 5. Content of expenditure from the self-financing funds allocated, including:

1. Expenditures for payments to individuals: salaries, wages, allowances, contributions made in accordance with salaries (including: social insurance, health insurance, unemployment insurance, trade union fees); rewards, collective welfare, and other payments to individuals as prescribed by state regulations; Among these, the expenditure on salaries, wages, and allowances shall be applied at a coefficient of two times the salary level of civil servants, public officials, and employees as prescribed by the state.

2. Expenditures for public services, office supplies, information, propaganda, communication, conferences, domestic travel expenses, leasing; expenditures for purchasing, repairing, maintaining, and regularly servicing fixed assets, and other administrative expenditures.

3. Business expenses, specialized expenses: purchasing materials and goods for specialized business purposes; expenses for inspection and market supervision activities; expenses for supporting the construction of regulatory documents; uniforms and labor protection; storage and archiving of documents and vouchers; other business expenses.

4. Expenses for information technology application.

5. Expenses for organizing and implementing tasks in collaboration with other organizations and individuals who have contributed to the completion of the State Securities Commission's tasks, including rewards.

6. Expenses for hiring domestic and foreign experts.

7. Expenses for overseas missions and welcoming foreign delegations to Vietnam, organizing international seminars and conferences in Vietnam.

8. Expenses to ensure the operation of the party organization according to Decision No. 84-QĐ-TW dated October 1, 2003 of the Central Party Secretariat; expenses to ensure the operation of mass organizations according to current laws.

9. Expenses to ensure the operation of fee and tax collection activities.

10. Other regular expenses outside the content specified above.

Article 6. Standards, quotas, and expenditure regulations

1. The Chairman of the State Securities Commission shall proactively guide the implementation of existing standards and expenditure levels set by the state and the Ministry of Finance to be suitable for the operations of agencies and units under the State Securities Commission.

2. For special expenditure items, the Chairman of the State Securities Commission shall base on the available budget funds and apply existing standards and expenditure levels to establish special standards and expenditure levels that are appropriate, submit them for approval by the Minister of Finance, and promulgate them.

3. The State Securities Commission shall implement a public disclosure system and internal expenditure regulations in accordance with current regulations.

Article 7. Utilization of saved funds

At the end of the fiscal year, after ensuring sufficient funding for assigned tasks (including completed work and ongoing tasks carried over to the next year), the remaining self-funded operating funds are considered savings and shall be utilized as follows:

1. Allocate at least 25% of the saved funds to the Professional Development Fund to invest in strengthening material infrastructure; purchasing equipment to serve professional and business activities; applying information technology and other related tasks of the State Securities Commission.

Usage of the Professional Development Fund: Annually, the Chairman of the State Securities Commission shall prepare a plan for usage and propose a budget allocation plan for each usage item to report to the Minister of Finance (the head of the first-level budget unit) for approval and implementation.

2. Establish a Reserve Fund for Income Stability to ensure income stability for staff members of the State Securities Commission due to objective reasons reducing their income; support staff members facing particularly difficult circumstances, suffering from serious illnesses, or other special cases. The Minister of Finance (the head of the first-level budget unit) shall specify the contribution rate and management mechanism.

3. Establish a Reward and Welfare Fund: The maximum contribution rate for the Reward and Welfare Fund is three months' salary, wages, and actual income earned during the year to reward periodic and extraordinary achievements by individuals and groups inside and outside the unit contributing to the activities of the State Securities Commission; expenses for welfare activities; emergency hardship assistance, retirement, and disability allowances; additional expenses beyond the current system for civil servants and employees within the establishment who are undergoing downsizing; expenses for constructing and repairing welfare facilities.

4. Supplement income for civil servants and employees up to a maximum of two times the state-prescribed salary level (including grade, rank, position salaries, and various allowances, excluding night shift and overtime allowances). The Chairman of the State Securities Commission shall proactively distribute income among civil servants and employees based on performance and quality of work completion, ensuring fairness and reasonableness.

5. Expenses for supporting the activities of party organizations and mass organizations, with specific support levels determined by the Chairman of the State Securities Commission to be appropriate.

6. Any remaining funds (if any) after establishing the Funds and ensuring the aforementioned expenditure items, the State Securities Commission shall fully supplement the Professional Development Fund.

Article 8. Funds allocated without implementing the self-management system

In addition to the state budget funds allocated to ensure regular operations and implement the self-management system as stipulated in Article 4 above, the State Securities Commission also receives state budget allocations for the following purposes:

1. Capital investment for basic construction projects approved by competent authorities.

2. Expenses for major purchases and repairs of fixed assets.

3. Expenses for annual contributions and counterpart funds for projects under agreements with international organizations.

4. Expenses for urgent tasks assigned by competent authorities.

5. Expenses for national target programs (if applicable).

6. Expenses for civil service downsizing according to state regulations (if applicable).

7. Training and capacity-building expenses for civil servants.

8. Research and scientific study expenses.

9. Expenses for non-routine tasks.

Budget funds allocated without implementing the self-management system shall be used strictly in accordance with the expenditure content, standards, quotas, and regulations prescribed by competent authorities for each task. Unspent funds at the end of the year shall be handled according to current regulations.

Article 9. Subordinate Public Service Units of the State Securities Commission

1. For public service units fully funded by the state budget and those partially self-funded but guaranteed operational funds by the state budget under the State Securities Commission, they shall operate according to the provisions of Article 4 of this Circular.

2. The public service units under the Securities Commission implement autonomy and take responsibility for their tasks, organizational structure, staffing, and finance according to the provisions of Government Decree No. 43/2006/NĐ-CP dated April 25, 2006, and are subject to the expenditure regulations stipulated in this Circular.

Article 10. Preparation, execution, and settlement of budget funds

The Securities Commission shall carry out the preparation, execution of the budget, accounting entries, and settlement of budget funds in accordance with current regulations, and this Circular provides specific guidance as follows:

1. On Budget Preparation:

Annually, based on planned activities for the year, the Securities Commission shall prepare the revenue and expenditure budget, submit it to the Ministry of Finance (primary budget unit) for review and consolidation into the annual state budget according to the State Budget Law and relevant guidelines issued by the Ministry of Finance.

2. On Allocation and Assignment of Budget Estimates:

a) Based on the annual state budget revenue and expenditure plan assigned by the Prime Minister, the Ministry of Finance (primary budget unit) shall allocate the revenue and expenditure budget to the Securities Commission.

b) Based on the allocated revenue and expenditure budget, the Chairman of the Securities Commission shall propose the allocation of funds to subordinate units, report to the Minister of Finance (head of the primary budget unit) for verification as prescribed. On the basis of the verification by the Ministry of Finance, the Securities Commission shall allocate the budget to its subordinate units as prescribed.

c) In cases where actual revenue in the year exceeds or falls short of the allocated budget, the Chairman of the Securities Commission shall report to the Minister of Finance on the adjustment plan for the expenditure budget allocation to the subordinate units of the Securities Commission in accordance with the regulations.

3. Regarding the settlement of budget funds:

The annual settlement of budget funds shall be carried out in accordance with current regulations.

Article 11. Implementation

1. The state budget funds and other sources of funds of the Securities Commission in 2008 transferred to 2009 shall be implemented in accordance with the provisions of this Circular.

2. The Minister of Finance (head of the primary budget unit) shall be responsible for guiding and organizing the implementation of the self-management system regarding staffing and operational funding for the Securities Commission according to Decision No. 29/2009/QĐ-TTg dated February 20, 2009, of the Prime Minister and the guidance provided in this Circular.

3. Based on the guidance from the Ministry of Finance (primary budget unit), the Chairman of the Securities Commission shall be responsible for providing guidance and organizing the implementation for subordinate units.

4. Annually, the Chairman of the Securities Commission shall organize inspections, evaluations, and lessons learned in the implementation of the self-management system regarding staffing and operational funding, and report to the Minister of Finance.

5. This Circular shall take effect 45 days from the date of signature and shall be implemented from the 2009 fiscal year.

During the implementation process, if there are difficulties or obstacles, they are requested to reflect these issues to the Ministry of Finance for study and resolution./.