Joint Circular No. 110/1999/TTLT/BTC-BTCCBCP guiding the transfer of tasks, civil servants, and staff, and establishment quota from the State Capital and Asset Management Agency at enterprises to the Department of Finance and Prices in provincial/municipalities directly under the Central Government.

JOINT CIRCULAR

GUIDELINES ON HANDING OVER TASKS, PUBLIC OFFICIALS, AND STAFFING QUOTAS FROM THE STATE CAPITAL AND ASSET MANAGEMENT AGENCY AT ENTERPRISES TO THE DEPARTMENT OF FINANCE AND PRICES IN PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT

Pursuant to Decree No. 84/1999/NĐ-CP dated August 28, 1999 of the Government on restructuring the State Capital and Asset Management Agency at Enterprises, the Ministry of Finance and the Government Organization-Civil Service Board provide guidelines for handing over tasks, officials, and staffing quotas from the State Capital and Asset Management Agencies at Enterprises to the Departments of Finance and Prices under the People's Committees of provinces and municipalities directly under the central government (hereinafter referred to as provincial People's Committees) as follows:

1. As of October 1, 1999, the Department of Finance and Prices shall assume the responsibility for state management of enterprise finance within its jurisdiction and manage capital and assets belonging to the state at enterprises established and funded by localities according to Decree No. 84/1999/NĐ-CP dated August 28, 1999 of the Government and detailed guidance provided in Circular No. 109/1999/TT-BTC dated September 11, 1999 of the Ministry of Finance.

2. The Chairman of the Provincial People's Committee shall direct and authorize the Director of the Department of Finance and Prices to receive the handover. The Minister of Finance authorizes the General Director of the State Capital and Asset Management Agency at Enterprises to implement the transfer.

The contents of the transfer include:

- All files and documents related to the Department of Finance and Prices' enterprise financial management responsibilities.

- A list of public officials and civil servants of the State Capital and Asset Management Agency at Enterprises.

- Assets managed and used by the State Capital and Asset Management Agency at Enterprises (in accordance with specific guidance from the Ministry of Finance).

3. The handover of public officials and civil servants shall be carried out according to the following principles:

- Transfer all public officials and civil servants of the State Capital and Asset Management Agency at Enterprises present as of August 28, 1999, in their current status to the Department of Finance and Prices.

- For civil servants under labor contracts, if the contracts have expired, the State Capital and Asset Management Agency at Enterprises shall terminate the contracts before the handover; if the contracts are still valid, the Department of Finance and Prices shall accept them and resolve them upon expiration.

- The staffing quota and budget of the Department of Finance and Prices shall be increased accordingly with the number of public officials and civil servants received from the State Capital and Asset Management Agency at Enterprises starting from October 1, 1999.

- Based on the proposal of the Ministry of Finance, the provincial People's Committee shall consider and appoint the Director or Deputy Director of the State Capital and Asset Management Agency at Enterprises to hold the position of Deputy Director of the Department of Finance and Prices concurrently with the Director of the Enterprise Financial Management Division.

Remaining leading cadres of the Agency shall be considered for appointment to leadership positions in the Department of Finance and Prices or other financial agencies within the jurisdiction. In cases where they cannot be appointed, they shall be reassigned to specialist positions.

- The handover must not affect the state management of finance and state capital at enterprises.

- The handover must be documented in a protocol. The handover protocol shall be signed by the Director of the State Capital and Asset Management Agency at Enterprises and the Director of the Department of Finance and Prices. The handover protocol shall be submitted to the Chairman of the provincial People's Committee and the Minister of Finance for reporting.

4. Temporary retention of position allowances for leading public officials of the State Capital and Asset Management Agency at Enterprises who are restructured and no longer hold their previous positions or are appointed to new positions with lower position allowances than their previous ones.

Reductions in staffing quotas and changes in leadership position allowances for cadres and public officials after the handover shall be implemented according to the general regulations of the Government on reducing staffing quotas and staff reduction policies in state agencies to implement Resolution of the 7th Plenary Session of the 8th Central Committee.

5. The General Director of the State Capital and Asset Management Agency at Enterprises and the Director of the Department of Finance and Prices shall be responsible for organizing the handover in accordance with this Circular.

The Director of the Department of Finance and Prices shall be responsible for compiling and reporting to the Minister of Finance and the Minister - Head of the Government Organization-Civil Service Board on the handover before October 30, 1999.

This Circular takes effect from the date of issuance. Any difficulties or obstacles arising during implementation should be reported to relevant agencies and forwarded to the Ministry of Finance and the Government Organization-Civil Service Board for study and resolution.