Decision No. 106/1999/QD-BTC of the Minister of Finance on the tasks, powers, and organizational structure of the Department of Corporate Finance under the Ministry of Finance.

Pursuant to …;

DECISION NO. 106/1999/QĐ-BTC OF SEPTEMBER 11, 1999 ISSUED BY THE MINISTER OF FINANCE ON THE TASKS, LIMITATIONS, AND ORGANIZATIONAL STRUCTURE OF THE ENTERPRISE FINANCE DEPARTMENT UNDER THE MINISTRY OF FINANCE

THE MINISTER OF FINANCE

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;
BASED ON DECREE NO. 178/CP DATED OCTOBER 28, 1994 OF THE GOVERNMENT ON THE TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCE;
Pursuant to Decree No. 84/1999/NĐ-CP dated August 28, 1999 of the Government on restructuring the State Capital and Asset Management General Department for enterprises under the Ministry of Finance;
After receiving the agreement of the Minister - Head of the Government Organizational Structure and Cadre Affairs Bureau at Circular No. 235/BTCCBCP-TCBC dated September 11, 1999;
Considering the proposal of the Director of the Organization and Training Department;

Pursuant to …;

Article 1:

The Enterprise Finance Department is a unit directly under the Ministry of Finance with the function of assisting the Minister of Finance in uniformly managing state finance for enterprises nationwide; managing capital and assets belonging to state ownership in enterprises established or funded by the Prime Minister, ministers, heads of ministerial-level agencies, or government-affiliated agencies.

Article 2:

The Enterprise Finance Department assists the Minister of Finance in performing the following specific tasks:

1. Uniformly managing state finance for enterprises across all economic sectors nationwide:

1.1- Taking the lead or participating in building financial management policies and systems for enterprises; systems for managing, preserving, and developing state-owned capital in enterprises; financial support systems for enterprises and other related systems according to the regulations of the Minister of Finance.

1.2- Directing and inspecting the implementation of financial management policies and systems; state-owned capital management systems; unified accounting and auditing systems for enterprises nationwide.

1.3- Organizing research on financial strategies and proposing issues related to enterprise finance; forecasting the ability to mobilize finance from enterprises.

1.4- Synthesizing, analyzing, and evaluating the financial situation of enterprises nationwide.

1.5- Organizing financial information dissemination for enterprises; directing and training in enterprise financial management skills.

2. Managing state-owned capital and assets in enterprises established or funded by the Prime Minister, ministers, heads of ministerial-level agencies, or government-affiliated agencies:

2.1- Guiding enterprises in inventorying, assessing assets, determining the amount of state-owned capital; organizing the allocation of capital to enterprises according to the authorization of the Minister of Finance.

2.2- Organizing the assessment and determination of enterprise value, state-owned capital value in enterprises in cases of dissolution, bankruptcy, or ownership transfer.

Supervising the handling of state-owned capital and assets in cases of splitting, merging, consolidation, dissolution, bankruptcy, and ownership transfer of state-owned enterprises; supervising the distribution of post-tax profits and the use of funds at enterprises.

2.3- Appraising annual financial support needs and disbursing financial support funds for enterprises. Recommending measures to handle capital and assets exceeding the authority of enterprises.

2.4 Participating in opinions on the strategy, planning, and business development plans of key enterprises and state-owned holding companies; participating in establishing and announcing annual budget contribution targets for enterprises according to the authorization of the Minister of Finance.

Participating in pricing schemes for products and services regulated by the state; participating in the establishment of unit prices, wage funds, and enterprise rankings as prescribed by the state.

2.5- Inspecting the implementation of financial management policies and systems, accounting, and auditing by enterprises.

Inspecting financial statements, determining the ability to repay debts, the level of preservation and development of state-owned capital annually by enterprises.

2.6- Synthesizing, analyzing the situation of managing and using capital, the preservation and development of state-owned capital in various types of enterprises nationwide and by economic sector.

3- Managing financial support funds for enterprises authorized by the Minister of Finance.

4- Directing provincial Finance and Price Control Departments to uniformly manage state finance for enterprises within their jurisdiction; managing state-owned capital in enterprises established or funded by provinces or cities, synthesizing, and analyzing the financial situation of enterprises within their jurisdiction.

5- Performing other tasks assigned by the Minister of Finance.

Article 3:

The Enterprise Finance Department has the following authorities:

1- Directly interacting with relevant state organizations and agencies to carry out assigned tasks.

2- Requesting centrally-administered state-owned enterprises and other enterprises with state capital contributions to submit financial reports and other documents as prescribed by law.

3- Requesting provincial Finance and Price Control Departments to submit comprehensive reports evaluating the financial management situation of enterprises within their jurisdiction and the management of state-owned capital in local enterprises according to the regulations of the Minister of Finance.

4- Being authorized to conduct regular or spot inspections of the financial situation of enterprises according to the regulations of the Minister of Finance and handle financial matters of enterprises according to the state's policies and systems; requesting enterprises to provide and explain necessary documents related to inspection and supervision of the financial situation and management of state-owned capital in enterprises.

5- Signing documents guiding and explaining management systems for enterprise finance and state-owned capital in enterprises according to the authorization of the Minister of Finance.

Article 4:

The Enterprise Finance Department has a Director in charge and several Deputy Directors appointed and relieved of duty by the Minister of Finance.

The organizational structure of the Enterprise Finance Department includes:

1. Corporate Finance Division: Construction, defense, security, customs, national reserves, political organizations, and political-social organizations, abbreviated as the Corporate Finance Construction Division.

2. Corporate Finance Transportation and Postal Division

3. Corporate Finance Industry Division

4. Corporate Finance Trade, Culture, and Education Division

5. Corporate Finance Agriculture and Fisheries Division

6. Corporate Finance Non-State-Owned Enterprises Division

7. Stock Ownership Reform Division

8. Policy and Consolidation Division

9. Office of the Department

Specific tasks and staffing levels of the above units are determined by the Director of the Enterprise Finance Department.

Article 5:

The Corporate Finance Department is a legal entity with its own seal and is authorized to open an account at the State Treasury.

The staffing of the Corporate Finance Department falls under the state management staff quota determined by the Minister of Finance within the total staff quota of the Ministry of Finance.

The operating expenses of the Corporate Finance Department are provided by the state budget and are consolidated in the overall budget estimate of the Ministry of Finance.

Article 6:

This Decision takes effect from October 1, 1999. The Director of the Corporate Finance Department, the Heads of the Cadre Organization and Training Department, the Financial Administration Department, the Office of the Ministry, and the Heads of related units are responsible for implementing this Decision.