Decision No. 106/2009/QD-TTg on the functions, tasks, powers, and organizational structure of the State Reserve General Department under the Ministry of Finance

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

The State General Reserve Administration under the Ministry of Finance

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the National Reserve Law No. 17/2004/PL-UBTVQH11 dated April 29, 2004 of the Standing Committee of the National Assembly;

Pursuant to the Government Decree No. 178/2007/NĐ-CP dated December 3, 2007 on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Position and Functions

1. The State General Reserve Administration is an agency directly under the Ministry of Finance, performing the function of advising and assisting the Minister of Finance in state management of national reserves; directly managing various types of goods assigned by the Government for reserve purposes.

2. The State General Reserve Administration has legal personality, a seal with the State Emblem, a separate account at the State Treasury, and its headquarters in Hanoi, with operational funds provided from the state budget.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The State General Reserve Agency shall perform the following tasks and powers:

1. Submit to the Minister of Finance for submission to the Government and the Prime Minister for consideration and decision:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government; draft decisions of the Prime Minister regarding national reserves;

b) Strategies, plans, national target programs, action programs, warehouse system planning, key projects and plans concerning national reserves;

c) Inventory lists, reserve levels for each type of goods, total national reserve levels and annual increases in national reserves during each period;

d) Budget plans and reserve funding allocation schemes for annual supplementary national reserves for ministries and sectors managing reserve goods;

đ) Order plans for national reserves placed with ministries and sectors directly managing reserve goods as assigned by the Government;

e) The use of the national reserve fund to participate in market stabilization and macroeconomic stability.

2. Submit to the Minister of Finance for consideration and decision:

a) Draft circulars and other documents related to national reserves;

b) Financial and budget management systems for national reserves, mechanisms for purchasing, selling, importing, exporting reserve goods; statistical and reporting systems for national reserves;

c) National technical standards and economic-technical norms within the field of national reserves;

d) Additional capital for national reserves; costs for importing, exporting, purchasing, selling, storing, relief, aid, and insuring national reserve goods for ministries, sectors, and units directly managing reserve goods.

3. Issuing professional guidance documents, internal regulatory documents, and individual documents within the scope of management of the State General Reserve Administration.

4. Implementing regulatory legal documents, strategies, plans, programs, projects, and proposals in the field of national reserves after they have been issued or approved by competent authorities.

5. Promoting and disseminating legal education on national reserves.

6. Organizing the implementation of national reserve orders at storage agencies and units and signing storage management contracts according to approved plans.

7. Managing and using the national reserve fund according to approved programs and plans; implementing national reserve management through monetary means as prescribed by law.

8. Directly managing national reserve goods according to the inventory list assigned by the Government:

a) Implementing importation, exportation, purchase, sale, and storage of assigned reserve goods in accordance with the law;

b) Exporting national reserve goods for relief, rescue, international aid, or other uses as decided by the Prime Minister and directed by the Minister of Finance;

9. Organizing the implementation of investment construction works for warehouse systems and technical equipment according to approved programs and plans.

10. Conducting inspections, audits, handling complaints and denunciations; processing violations of national reserve laws within their authority or recommending competent authorities to process such violations according to the law; preventing corruption, waste, and promoting thrift in the use of allocated assets and funds as prescribed by law.

11. Organizing scientific research and applying science and technology to national reserve work.

12. Establishing information systems to serve management; organizing statistical work and regular and ad hoc reporting on the management and use of national reserve goods.

13. Implementing international cooperation in the field of national reserves according to the division of responsibilities and regulations of the Minister of Finance.

14. Managing organizational structures and staffing; implementing salary systems and incentive policies, commendations, disciplinary measures, training, and development for officials, civil servants, and employees under the jurisdiction of the State General Reserve Administration according to the division of responsibilities of the Minister of Finance and the law.

15. Implementing administrative reform according to the goals and content of the administrative reform program approved by the Minister of Finance.

16. Managing finances and assets as prescribed by law.

17. Performing other tasks and powers assigned by the Minister of Finance and stipulated by the law.

Article 3. Organizational Structure

1. Central agencies of the State General Reserve Administration:

a) Policy and Legal Affairs Division;

b) Planning Division;

c) Science and Storage Technology Division;

d) Inventory Management Division;

e) Organization and Cadre Department;

e) Financial and Administrative Management Division;

g) The Office;

h) Inspection Office;

i) Information Technology Department;

k) National Reserve Business Training Center.

Organizations from point a to point i of Clause 1 of this Article are administrative organizations assisting the Director-General in performing state management functions; the organization specified in point k is a public service organization.

2. Regional Reserve Agencies under the State General Reserve Administration:

a) Hanoi Regional Reserve Agency;

b) Northwest Region Reserve Agency;

c) Hoang Lien Son Region Reserve Agency;

d) Vinh Phu Region Reserve Agency;

đ) Bac Thai Region Reserve Agency;

e) Ha Bac Region Reserve Agency;

g) Hai Hung Region Reserve Agency;

h) Northeast Region Reserve Agency;

i) Thai Binh Region Reserve Agency;

k) Ha Nam Ninh Region Reserve Agency;

l) Thanh Hoa Region Reserve Agency;

m) Nghe Tinh Region Reserve Agency;

n) Binh Tri Thien Region Reserve Agency;

o) Da Nang Region Reserve Agency;

p) Nghia Binh Region Reserve Agency;

q) South Central Region Reserve Agency;

r) North West Highlands Region Reserve Agency;

s) South West Highlands Region Reserve Agency;

t) Southeast Region Reserve Agency;

u) Ho Chi Minh City Region Reserve Agency;

v) Cuu Long Region Reserve Agency;

x) Southwest Region Reserve Agency.

3. Subordinate Reserve Agencies under Regional Reserve Agencies.

The State Regional Reserve Bureau and the State Local Reserve Bureau have legal personality, seals, and separate accounts at the National Treasury.

4. The Minister of Finance shall stipulate the functions, tasks, authorities, and organizational structure of units under the National Reserve Administration.

Article 4. Leadership

1. The National Reserve Administration has a Director General and not more than three Deputy Directors General.

2. The Director General and Deputy Directors General of the National Reserve Administration shall be appointed, relieved, and dismissed by the Minister of Finance in accordance with the provisions of the law.

3. The Director General is the head of the Administration, accountable to the Minister of Finance and to the law for all activities of the National Reserve Administration. The Deputy Directors General are accountable to the Director General and to the law for the areas of work they are assigned to manage.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from October 5, 2009.

2. Abolish Decision No. 270/2003/QĐ-TTg dated December 24, 2003 of the Government Chairman stipulating the functions, tasks, authorities, and organizational structure of the State National Reserve Bureau under the Ministry of Finance.

3. The number of Deputy Directors General of the National Reserve Administration shall be implemented according to the current regulations of the Prime Minister until the Prime Minister issues a different decision.

4. The Minister of Finance, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the Central Government, and the Director General of the National Reserve Administration are responsible for implementing this Decision./.