Decision No. 106/1999/QD-BTC On the tasks, authorities, and organizational structure of the State Enterprise Finance Department under the Ministry of Finance

Pursuant to …;

On the tasks, powers, and organizational structure of the Department of Corporate Finance under the Ministry of Finance

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 THE MINISTER OF FINANCE

- Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and state management responsibilities of ministries and ministerial-level agencies;

Pursuant to Decision 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 General Department for State Capital and Asset Management at enterprises under the Ministry of Finance;

- After receiving the agreement of the Minister - Head of the Government Organization and Cadre Affairs Department in Circular No. 235/BTCCBCP-TCBC dated September 11, 1999;

- Considering the proposal of the Director of the Personnel and Training Department;

Pursuant to …;

Article 1. The Department of Corporate Finance is a unit directly under the Ministry of Finance with the function of assisting the Minister of Finance in uniformly managing state finance affairs of enterprises nationwide; managing capital and assets belonging to the state at enterprises established or funded by the Prime Minister, ministers, heads of ministerial-level agencies, or government-affiliated agencies.

Article 2. The Department of Corporate Finance assists the Minister of Finance in performing the following specific tasks:

1. Uniformly managing state finance affairs of enterprises in all economic sectors nationwide:

1.1- Taking the lead or participating in formulating policies and systems for enterprise financial management; systems for managing, preserving, and developing state capital at enterprises; financial support systems for enterprises and other related systems concerning enterprise financial management, as prescribed by the Minister of Finance.

1.2- Directing and inspecting the implementation of financial management policies and systems; state 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- Summarizing, 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 capital and assets at enterprises established or funded by

2.1- Guiding enterprises in inventorying, assessing assets, determining the amount of state 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 capital value at state-owned enterprises in cases of dissolution, bankruptcy, or ownership transfer. Supervising the handling of state capital and assets in cases of division, merger, 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- Reviewing annual financial support needs and disbursing financial assistance funds to enterprises. Proposing measures to handle capital and assets exceeding the authority of enterprises.

2.4 Participating in opinions on business development strategies, plans, and programs 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 setting product and service prices regulated by the state; participating in establishing unit prices, wage funds, and enterprise rankings as prescribed by the state.

2.5- Inspecting the implementation of financial management, accounting, and auditing policies and systems of enterprises; reviewing financial reports, determining debt repayment capacity, the level of preservation and development of state capital annually for enterprises.

2.6- Summarizing, analyzing the situation of management and use of capital, the preservation and development of state-owned capital at 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 Departments of Finance and Prices in uniformly managing state finance affairs for enterprises within their jurisdiction; managing state capital at enterprises established or funded by provinces or cities, summarizing, and analyzing the financial situation of enterprises within their jurisdiction.

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

Article 3. The Corporate Finance Department has the following authorities:

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

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

3- Request Provincial Financial Departments to submit consolidated reports evaluating the management of corporate finances within their jurisdiction and the management of state capital at local enterprises as stipulated by the Minister of Finance.

4- Be authorized to conduct regular or spot checks on corporate financial situations according to the regulations of the Minister of Finance, and handle financial issues of enterprises according to the policies and systems established by the State; request enterprises to provide and explain necessary documents related to financial inspections and supervision.

5- Sign guiding and explanatory documents regarding financial management systems and state capital management at enterprises according to the分级授权或部长委托。

Article 4. The Corporate Finance Department is headed by a Director and several Deputy Directors appointed and relieved from duty by the Minister of Finance.

The organizational structure of the Corporate Finance Department includes:

1. Corporate Finance Department for Construction, National Defense, Security, Customs, National Reserves, Political Organizations, and Political-Social Organizations, abbreviated as the Corporate Finance Department for Construction.

2. Corporate Finance Department for Transportation and Postal Services

3. Corporate Finance Department for Industry

4. Corporate Finance Department for Trade, Culture, and Education

5. Corporate Finance Department for Agriculture and Fisheries

6. Corporate Finance Department for Non-State-Owned Enterprises

7. Stock Reform Department

8. Policy and Consolidation Department

9. Office of the Corporate Finance Department Specific tasks and staffing levels of these units shall be determined by the Director of the Corporate Finance Department.

Article 5. The Corporate Finance Department is a legal entity, having its own seal and being entitled to open accounts at the State Treasury.

The staffing of the Corporate Finance Department falls under the national administrative staffing quota decided by the Minister of Finance within the total staffing quota of the Ministry of Finance. The operational budget of the Corporate Finance Department is funded by the state budget and included in the consolidated budget 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 Management and Administration Department, the Secretary-General of the Ministry, and the Heads of related units are responsible for implementing this Decision.