Decree No. 118/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Finance

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Finance

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THE GOVERNMENT

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

BASED ON THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENTAL BODIES AT THE MINISTRY LEVEL;

Considering the proposal of the Minister of Finance,

DECREE:

Article 1. Position and Functions

THE MINISTRY OF FINANCE IS AN ORGAN OF THE GOVERNMENT, PERFORMING THE FUNCTION OF STATE MANAGEMENT IN THE FOLLOWING AREAS: FINANCE (INCLUDING: STATE BUDGET, TAXES, FEES, LICENSE FEES AND OTHER INCOME OF THE STATE BUDGET, STATE RESERVES, STATE ASSETS, STATE FINANCIAL FUNDS, FINANCIAL INVESTMENTS, ENTERPRISE FINANCE, COOPERATIVE AND COLLECTIVE ECONOMY FINANCE), CUSTOMS, ACCOUNTING, INDEPENDENT AUDITING, PRICING, SECURITIES, INSURANCE, FINANCIAL SERVICES AND OTHER SERVICES UNDER THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY; REPRESENTING THE STATE OWNER'S INTERESTS IN THE CAPITAL OF STATE ENTERPRISES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

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 MINISTRY OF FINANCE SHALL PERFORM THE TASKS AND POWERS AS PROVIDED FOR IN THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND THE FOLLOWING SPECIFIC TASKS AND POWERS:

1. SUBMITTING TO THE GOVERNMENT PROJECTS OF LAWS, DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY, PROJECTS OF ORDINANCES, DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY’S STANDING COMMITTEE; DRAFT DECREES OF THE GOVERNMENT IN ACCORDANCE WITH THE ANNUAL LEGISLATIVE PROGRAM AND PLAN OF THE MINISTRY THAT HAS BEEN APPROVED AND PROJECTS AND PROPOSALS ACCORDING TO THE ASSIGNMENTS OF THE GOVERNMENT AND THE PRIME MINISTER.

2. SUBMITTING TO THE PRIME MINISTER STRATEGIES, PLANS, LONG-TERM AND ANNUAL DEVELOPMENT PLANS IN THE FIELDS OF STATE MANAGEMENT OF THE MINISTRY; DRAFT DECISIONS, DIRECTIVES AND OTHER DOCUMENTS WITHIN THE AUTHORITY OF THE PRIME MINISTER TO ISSUE GUIDELINES AND DIRECTIVES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. DIRECTING, GUIDING, INSPECTING AND IMPLEMENTING LEGAL REGULATIONS, POLICIES, STRATEGIES, PLANS AND OTHER LEGAL DOCUMENTS WITHIN THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY AFTER THEY HAVE BEEN ISSUED AND APPROVED; PROVIDING INFORMATION, SPREADING, PROMOTING AND EDUCATING THE PUBLIC ABOUT THE LAW IN THE FIELDS UNDER THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY.

5. On state budget management:

a) SUMMARIZING, PREPARING AND SUBMITTING TO THE GOVERNMENT THE STATE BUDGET PROJECTIONS AND ALLOCATION SCHEMES FOR THE CENTRAL BUDGET ANNUALLY, AND ADJUSTED STATE BUDGET PROJECTIONS WHEN NECESSARY; COORDINATING WITH THE MINISTRY OF PLANNING AND INVESTMENT TO PREPARE THE EXPENDITURE PROJECTIONS FOR DEVELOPMENT INVESTMENTS, ALLOCATION SCHEMES FOR BASIC CONSTRUCTION EXPENDITURES, SUPPLEMENTARY NATIONAL RESERVE EXPENDITURES, STATE CREDIT SUPPORT EXPENDITURES, AND CAPITAL CONTRIBUTION AND JOINT VENTURE EXPENDITURES FROM THE CENTRAL BUDGET IN ACCORDANCE WITH THE PROVISIONS OF THE LAW;

b) PREPARING AND SUBMITTING TO THE GOVERNMENT THE SCHEME FOR USING THE INCREASED REVENUE OF THE CENTRAL BUDGET IN CASES WHERE THERE IS AN INCREASE IN REVENUE COMPARED TO THE BUDGET DECIDED BY THE NATIONAL ASSEMBLY AND THE SCHEME FOR ADJUSTING AND REDUCING CERTAIN EXPENDITURE ITEMS IN CASES WHERE REVENUE DOES NOT MEET THE BUDGET PROJECTIONS; COORDINATING WITH THE MINISTRY OF PLANNING AND INVESTMENT TO PREPARE THE SCHEME FOR USING THE INCREASED REVENUE FOR DEVELOPMENT EXPENDITURE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW;

c) PREPARING AND SUBMITTING TO THE PRIME MINISTER DRAFT DECISIONS ON ASSIGNING INCOME AND EXPENDITURE TASKS FOR EACH MINISTRY, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND OTHER CENTRAL ORGANIZATIONS, AND THE RATIO OF DISTRIBUTION (%) FOR DIVIDED INCOME ITEMS AND THE AMOUNT OF SUPPLEMENTARY FUNDS FROM THE CENTRAL BUDGET FOR EACH PROVINCE AND CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF THE STATE BUDGET LAW;

d) DECIDING ON THE USE OF THE CENTRAL BUDGET RESERVE FUNDS, THE CENTRAL FINANCIAL RESERVE FUNDS, AND OTHER SOURCES OF FINANCIAL RESERVES WITHIN THE AUTHORITY OR SUBMITTING TO THE PRIME MINISTER FOR DECISION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW; đ) INITIATING AND COORDINATING WITH MINISTRIES, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, OTHER CENTRAL ORGANIZATIONS, AND PROVINCIAL PEOPLE'S COMMITTEES IN THE FORMULATION AND SUBMISSION TO THE GOVERNMENT AND THE PRIME MINISTER FOR DECISION OR DECISION WITHIN THE AUTHORITY ON THE ALLOCATION LIMITS AND REGULATIONS, STANDARDS, AND EXPENDITURE LIMITS FOR THE BUDGET IN THE ASSIGNED FIELDS IN ACCORDANCE WITH THE PROVISIONS OF THE STATE BUDGET LAW;

e) GUIDING REQUIREMENTS, CONTENT, AND DEADLINES FOR THE PREPARATION OF THE STATE BUDGET PROJECTIONS; ANNOUNCING CHECKING NUMBERS REGARDING: THE PROJECTIONS OF REGULAR EXPENDITURE IN TOTAL AND FOR EACH FIELD OF INCOME AND EXPENDITURE FOR MINISTRIES, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND OTHER CENTRAL ORGANIZATIONS; THE PROJECTIONS OF REGULAR EXPENDITURE FOR NATIONAL TARGET PROGRAMS FOR MANAGING ORGANIZATIONS OF NATIONAL TARGET PROGRAMS; THE TOTAL INCOME OF THE STATE BUDGET IN THE LOCAL AREA AND THE PROJECTIONS OF BALANCED LOCAL BUDGET EXPENDITURE (WITH DETAILS OF REGULAR EXPENDITURE) FOR EACH PROVINCE AND CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT;

h) INSPECTING THE ALLOCATION OF BUDGET PROJECTIONS ASSIGNED TO MINISTRIES, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND OTHER CENTRAL ORGANIZATIONS; GUIDING THE MANAGEMENT AND OPERATION OF THE BUDGET OF MINISTRIES, SECTORS, AND LOCALITIES; DIRECTING AND INSPECTING THE PERFORMANCE OF INCOME AND EXPENDITURE TASKS OF MINISTRIES, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND OTHER CENTRAL ORGANIZATIONS AND LOCALITIES;

g) Organize the implementation of the state budget, manage the central budget according to their authority; monitor and urge the implementation of budget estimates at all levels;

k) REVIEWING THE FINALIZATION OF INCOME AND EXPENDITURE OF MINISTRIES, GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND OTHER CENTRAL ORGANIZATIONS; REVIEWING THE FINALIZATION OF LOCAL BUDGETS; REVIEWING AND APPROVING THE FINALIZATION OF CAPITAL INVESTMENTS IN PROJECTS DECIDED BY THE NATIONAL ASSEMBLY ON THE POLICY AND ALLOWED TO BE INVESTED, AND PROJECTS DECIDED BY THE PRIME MINISTER TO BE INVESTED; SUMMARIZING AND SUBMITTING TO THE GOVERNMENT FOR SUBMISSION TO THE NATIONAL ASSEMBLY FOR APPROVAL THE FINALIZATION OF THE STATE BUDGET;

i) Organize and direct the accounting and settlement of the state budget and report periodically on the implementation of revenue and expenditure budget forecasts according to the law;

l) ADVANCING THE CENTRAL BUDGET FOR IMPORTANT AND URGENT TASKS DETERMINED TO BE PART OF THE NEXT YEAR'S BUDGET BUT MUST BE IMPLEMENTED IMMEDIATELY IN THE CURRENT YEAR AND NOT ALLOCATED IN THE BUDGET AND NOT COVERED BY THE RESERVE FUNDS; COORDINATING WITH THE MINISTRY OF PLANNING AND INVESTMENT TO SUBMIT TO THE PRIME MINISTER FOR ADVANCING FUNDS FOR NATIONAL PROJECTS AND CONSTRUCTION PROJECTS IN GROUP A THAT MEET THE CONDITIONS

AS PROVIDED FOR IN THE LAW ON INVESTMENT AND CONSTRUCTION AND ARE BEING IMPLEMENTED AND NEED TO ACCELERATE PROGRESS;n) INITIATING AND COORDINATING WITH RELATED MINISTRIES AND GOVERNMENTAL BODIES TO FORMULATE AND SUBMIT TO THE GOVERNMENT FOR DECISION ON FINANCIAL POLICIES AND SOLUTIONS WITHIN THE ASSIGNED SCOPE TO CONTROL AND COMBAT INFLATION OR DEFlation IN THE ECONOMY.

m) Recover advanced budget expenditures from the central budget;

n) Take the lead and coordinate with relevant ministries and agencies to develop and submit to the Government for decision policies and financial solutions within their assigned scope to curb and combat inflation or deflation in the economy.

6. On tax, fee, and other revenue management of the state budget:

a) Uniformly manage, direct, and inspect the organization's implementation of tax, fee, and other state budget revenue collection activities in accordance with the provisions of the law for tax agencies, customs, and other agencies assigned by the State to collect fees, charges, or other state budget revenues;

b) Take the lead and coordinate with relevant agencies to develop, submit to competent authorities for issuance, and guide and inspect the implementation of legal regulations on taxes, fees, charges, land use fees, land rental fees, water surface rental fees, rental fees and sales proceeds from state-owned housing, stamp duties, and other state budget revenues in the fields of state assets, land, environment, and mineral resources according to the State Budget Law;

c) Decide within its authority or submit to the Prime Minister for decision matters concerning tax exemptions, reductions, refunds, arrears recovery, fines, or cancellation of other forms of penalties for violations of tax laws according to the provisions of the law and issues arising during the implementation of bilateral or multilateral international agreements on taxes;

d) Issue regulations on procedures and business processes for collecting and paying taxes, fees, and other state budget revenues according to the law; guide business operations such as tax declaration, tax calculation, tax payment, issuance of tax collection orders, and other related operations;

đ) Inspect and control sources of state budget revenues, compliance with legal provisions on the collection and payment of state budget revenues, and handle violations of tax, fee, charge, and other state budget revenue laws according to the law within its authority;

e) Evaluate the appropriateness of tax, fee, charge, and other state budget revenue policies with current mechanisms and policies and economic and social conditions at each period to adjust, amend, or supplement them within its authority or recommend timely adjustments, amendments, or supplements to competent authorities;

7. Regarding management of the state budget fund, national reserve fund, and other state financial funds:

a) Uniformly manage, direct, inspect, and be responsible for the state budget fund managed by the National Treasury; manage the national reserve fund and other state funds according to the law;

b) Organize the implementation of state budget expenditures according to the approved budget and conditions stipulated by state budget laws;

c) Control, settle, pay out, and finalize accounts for expenditures from the state budget through the National Treasury system according to the law;

d) Guide business operations for collecting and paying state budget funds, settling accounts, and finalizing payments; handle violations of laws on managing state budget funds, national reserve funds, and other state financial funds within its authority;

đ) Issue regulations on financial management systems for state financial funds; guide, inspect, supervise activities of collecting and spending, and handle violations of laws on financial systems for state financial funds within its authority;

e) Inspect the management and use of the issue reserve fund, foreign currency reserve fund, and foreign exchange reserve fund of the State;

8. Regarding management of state reserves:

a) Coordinate with the Ministry of Planning and Investment and relevant ministries and agencies to develop the list of reserve goods, total reserve levels, annual increase in state reserves, state reserve plans, and prepare budgets and allocation schemes for additional state reserve funds annually for ministries and sectors responsible for state reserves;

b) Issue regulations on financial management systems, purchase and sale prices of reserve goods, costs of purchasing, selling, importing, exporting, and storing state reserve goods; take the lead and coordinate with relevant agencies to develop and issue national technical standards and economic-technical norms for state reserve goods according to the law;

c) Based on approved state budget estimates and state reserve plans, ensure financial resources for state reserve activities of ministries and sectors managing reserve goods; review and consolidate final accounts for state budget expenditures on state reserves;

d) Guide, inspect, and audit the implementation of state reserves by ministries and sectors managing state reserve goods according to the law;

đ) Directly organize and centrally manage state reserves in the form of money and certain types of reserve goods according to the Government's regulations;

9. Regarding management of state assets:

a) Uniformly manage state assets; take the lead and coordinate with relevant agencies to develop financial policies on managing and using state assets;

b) Take the lead in developing and issuing, or submitting to the Prime Minister for issuance, regulations on standards and norms for the use of state assets within its authority;

c) Decide within its authority or submit to the Prime Minister for decision matters concerning the procurement, recovery, reallocation, liquidation, sale, and transfer of ownership of state assets according to the law;

d) Specify management and use systems for state assets at agencies, units, and organizations in accordance with the law and the decentralization of the Government;

đ) Review draft standards, norms, and management and use systems for specialized state assets developed by central ministries and agencies before issuance;

e) Guide and inspect the implementation of legal provisions on managing and using state assets; compile nationwide situations on managing and using state assets, report to the Government to submit to the National Assembly;

10. On enterprise finance and state capital management in enterprises:

a) Develop and submit to the Government or the Prime Minister for issuance according to their authority financial management systems for enterprises, financial supervision mechanisms for various types of enterprises under all economic sectors; financial mechanisms and policies serving ownership transfer, restructuring of state-owned enterprises, converting public service units into enterprises, and privatizing public service units; financial mechanisms serving cooperative and collective economic development policies;

b) Guide and inspect the implementation of the state's financial mechanisms and policies for enterprises;

c) Lead or participate in reviewing state capital investment and financial support for enterprises and monitor and supervise the implementation of state investments in enterprises after approval by competent authorities and resolve policies when restructuring state-owned enterprises according to the law;

d) Monitor, supervise, aggregate, and evaluate the situation of state capital preservation and development in enterprises nationwide; lead and coordinate to implement supervisory and evaluation systems for enterprise operations according to the Government's regulations;

đ) Aggregate, analyze, evaluate, and develop plans for adjusting state capital and funds of State Corporations and State Economic Groups, and submit to the Prime Minister for decision.

e) Serve as the focal point for consolidating information on the implementation of rights and obligations in representing state ownership interests in enterprises according to the provisions of the law; handle issues related to state capital in enterprises within the delegated authority of the Government; exercise rights and fulfill obligations of state ownership interests in enterprises under the Ministry of Finance, State Capital Investment Corporation, and other financial funds according to the provisions of the law and the delegation of the Government.

11. Regarding domestic and foreign borrowing, repayment management of the Government, public sector debt, national debt, and international aid sources:

a) Develop and submit to the Government or the Prime Minister for issuance within their authority policies and systems for managing domestic and foreign borrowing and repayment of the Government, the public sector, and national debt;

b) Develop and submit to the Government or the Prime Minister for approval long-term strategies and annual plans for domestic and foreign borrowing of the Government and the public sector in accordance with the national economic and social development strategy and the national fiscal policy at each period;

c) Serve as the focal point for the Government to uniformly manage state administration over borrowing and repayment of the Government, public sector debt, national borrowing and repayment; manage the finances of foreign borrowings of the Government including Official Development Assistance (ODA), government commercial loans, and issuance of government bonds abroad; manage and monitor debt indicators (national debt, public sector debt, government debt, local government debt, and enterprise debt);

d) Organize the mobilization of funds for the state budget and for development investment through the issuance of treasury bills and government bonds domestically and internationally according to the delegation of the Government;

đ) Represent the "Borrower" of the Government and the Socialist Republic of Vietnam, except for those borrowings for which the State Bank of Vietnam is authorized to negotiate and sign; organize the negotiation and signing of foreign loan agreements for the Government according to the delegation of the Government and the Prime Minister; coordinate with the Ministry of Planning and Investment to build and submit to the Prime Minister for approval the list of programs and projects to be allocated or re-lent all or part of the foreign loan capital of the Government; organize re-lending for programs and projects according to the approved list; guide, inspect, and supervise the disbursement process and management and use of foreign loan capital of the Government;

e) Lead the construction of plans for allocating budget funds for repaying foreign debts; coordinate with the Ministry of Planning and Investment to consolidate and prepare plans for disbursing ODA funds and annual counterpart funds from the budget for ODA programs and projects;

g) Implement and manage government guarantees for localities, enterprises, and credit organizations borrowing abroad according to the provisions of the law; guarantee the issuance of project bonds and local government bonds to raise domestic capital;

h)||| - Storing the inspection checklist in an easily accessible location for future inspections.Guide and organize the repayment of debts from the state budget for Government borrowings; fulfill the guarantor's obligations; manage the Debt Repayment Reserve Fund.

i) Consolidate and periodically report to the Prime Minister the situation of borrowing, using borrowed capital, and repaying debts of the Government, the public sector, and the nation according to the provisions of the law;

k) Uniformly manage international aid sources; organize the receipt, distribution, and financial management of international aid sources according to the provisions of the Government;

l) Serve as the focal point for consolidating and publishing information on Government debt, public sector debt, and national debt.

12. Regarding accounting and auditing:

a) Develop and submit to the Government for issuance and guide and inspect the implementation according to their authority accounting and auditing systems (including independent and internal auditing of enterprises and organizations in the production and business sector), reporting and financial disclosure systems;

b) Issue regulations on principles, standards, professional methods and practices of accounting and auditing; qualifications for accountants, chief accountants, and auditors; criteria and conditions for establishing accounting and auditing service enterprises;

c) Guide and inspect the implementation of laws on accounting and auditing, professional activities of accountants and auditors; provide final opinions on disputes and conflicts regarding independent accounting and auditing.

13. Manage the state on securities allocation and the securities market:监督管理国家证券配给和证券市场：

a) Develop and submit to the Government for issuance of policies to develop the securities market;

b) Develop and submit to the Prime Minister for approval plans for establishing, suspending operations, dissolving, or converting ownership forms, operational methods, and organizational models of Stock Exchanges, Securities Trading Centers, and Securities Depository Centers;

c) Issue, suspend, or revoke Licenses to operate for securities companies, fund management companies, investment funds, securities companies, public securities issuers, and securities custody and service organizations according to the provisions of the law;

d) Inspect and supervise the activities of organizations related to the issuance, trading, and securities services;

đ) Take the lead and coordinate with relevant agencies to apply necessary measures to ensure that securities market activities occur safely, effectively, and in compliance with the law;

14. Manage state insurance affairs:

a) Developing and submitting to the Government for issuance mechanisms and policies to develop the insurance market;

b) Issue, suspend, or revoke Licenses for establishment and operation for insurance businesses, insurance brokerage businesses; licenses for representative offices of foreign insurance and insurance brokerage businesses in Vietnam;

c) Inspecting and supervising the activities of insurance enterprises, insurance brokerage enterprises, and related organizations and individuals;

d) Taking the lead and coordinating with relevant agencies to apply necessary measures to ensure that insurance market activities are effective and in compliance with the law;

15. Regarding financial management of financial organizations and financial services:

a) Develop and submit to the Government for regulation policies and organizational models for lottery sales, betting, casinos, and electronic games with prizes;

b) Manage, inspect, supervise, and handle violations of the law in implementing legal provisions for lottery sales, betting, casinos, and electronic games with prizes; issue and revoke Licenses for lottery sales, betting, casinos, and electronic games with prizes according to the provisions of the law;

c) Manage the finances of the activities of the State Bank of Vietnam, state-owned commercial banks, Social Policy Bank, Vietnam Development Bank, Deposit Insurance Corporation, Vietnam Social Security, State Capital Investment Corporation according to the provisions of the law;

d) Direct, inspect, supervise organizations operating financial service, accounting, auditing, tax advisory, valuation, customs declaration agency services, and other services within the scope of management of the Ministry.

16. Regarding customs:

a) Draft and submit to the Government for promulgation specific regulations on customs procedures, customs inspection and supervision, conditions for registration and operation of customs clearance agents, responsibilities of state agencies at border gates, activities of bonded warehouses, duty-free warehouses, post-clearance inspections;

b) Issuing within its authority guiding and directing documents for the implementation of customs inspection and supervision, post-clearance inspections, anti-smuggling measures, and customs statistics as prescribed by law;

c) Organize, guide, direct, inspect, and be responsible for the implementation of tasks of the customs sector according to the Customs Law and other relevant laws; inspect and handle according to their authority violations of customs laws.

17. Regarding pricing:

a) Draft and submit to the Government, Prime Minister for approval and organize the implementation of price control guidelines annually, every five years, and every ten years; planning development of valuation service;

b) Draft and submit to the Government for promulgation regulations on price control of goods and services in the field of state monopoly; take the lead and coordinate with ministries, sectors, provincial People's Committees to monitor factors forming prices of goods and services under their jurisdiction as prescribed by law;

c) Take the lead and coordinate with relevant ministries and agencies to draft and submit to the competent authority for decision-making according to law pricing schemes for goods and services listed in the State-priced goods and services catalog; guide principles and methods for determining prices of goods and services; issue a unified pricing regulation to guide ministries, sectors, localities, production and business organizations in formulating pricing schemes and serving as a basis for reviewing pricing schemes, monitoring factors forming prices;

d) Take the lead and coordinate with relevant agencies to draft and submit to the Prime Minister for decision-making and announcement of the list of goods and services subject to price stabilization; the list of goods and services priced by the State and managed at different levels;

đ) Take the lead and coordinate with relevant agencies to draft and submit to the Prime Minister for decision-making and announcement of measures to stabilize prices when prices of goods and services in the list subject to price stabilization fluctuate abnormally or decide and announce application according to their authority; guide conditions for implementing price stabilization measures according to law;

e) Review draft decrees on methods for determining land prices and price ranges for various types of land built by the Ministry of Natural Resources and Environment; review pricing plans built by ministries, agencies, state-owned enterprises and submitted to the Government, Prime Minister for decision-making or for ministries to decide according to their authority; direct and guide the implementation of policies and measures on prices and decisions on asset, goods, and service prices issued by the Government, Prime Minister or approved;

g) Decide according to their authority prices of assets, goods, and services listed in the State-priced goods and services catalog; guide the determination of specific price levels for goods and services after competent state authorities set minimum and maximum prices, price ranges according to law;

h) Specify the dossier and procedures for price negotiation. Organize price negotiations for goods and services with nationwide and regional impact that meet the following conditions: not included in the State-priced goods and services list; important goods and services produced and supplied under special conditions with characteristics of exclusive purchase and sale, buyers and sellers dependent on each other and irreplaceable, limited competitive market; or goods and services as required by the Prime Minister, Ministers, Heads of Ministries equivalent to the Government;

i) Specify valuation standards, valuation officer standards, issuance and revocation of valuation officer cards, conditions for valuation service operations; perform state management functions over valuation according to law;

k) Take the lead and coordinate with ministries and agencies to specify the detailed list of goods and services requiring price registration and declaration; guide procedures and dossiers for price registration and declaration within their jurisdiction according to law and supervise implementation;

l) Guiding, inspecting, and controlling the implementation of legal provisions on price management and appraisal;

18. Organizing and directing the implementation of information technology applications and statistical work in areas under the Ministry's administrative management;

19. Regarding international cooperation:

a) Implementing international cooperation in areas under the Ministry's administrative management as prescribed by law;

b) Draft plans and organize negotiations on draft bilateral and multilateral international treaties on taxes (export taxes, import taxes, double taxation avoidance and other taxes as prescribed by law), financial services, accounting, auditing, customs, and other financial fields according to the Government's authorization;

c) Negotiate and sign international financial treaties according to the President's and Government's authorization; represent Vietnam at bilateral and multilateral international financial forums according to the Government's assignment;

20. Organize and direct the implementation of scientific research plans, the application of scientific and technological advancements in management within the sectors under the Ministry's jurisdiction in accordance with the provisions of law;

21. Decide specific policies and measures and direct the implementation of operational mechanisms for public service organizations in fields under the Ministry's management according to law; manage and direct activities of affiliated public institutions under the Ministry.

22. Administer state affairs concerning the activities of associations and non-governmental organizations within the sectors under the Ministry's jurisdiction in accordance with the provisions of law;

23. Conduct inspections, investigations, resolve complaints and denunciations; prevent corruption, negative practices, bureaucracy, arrogance, favoritism; practice thrift; prevent wasteful use of assigned assets and funds according to law; handle according to their authority or recommend competent authorities to handle according to law violations of financial management systems, budgets, and other areas under the Ministry's management. 25. Manage organizational structure and staffing; direct the implementation of salary systems and incentive policies, rewards, and disciplinary measures for civil servants and officials under the Ministry's management; provide professional training and capacity building for civil servants and officials throughout the sector under the Ministry's management.

24. Regarding administrative reform:

a) Develop and submit to the Government for issuance of programs to innovate financial management mechanisms serving administrative reforms in each period;

b) Decide and direct the implementation of the Ministry’s administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister;

2. Department I.

26. Manage and organize the implementation of financial work, state assets, development investment, and construction throughout the sector under the Ministry's jurisdiction in accordance with the provisions of law;

27. Perform other tasks and exercise other powers delegated by the Government and Prime Minister and stipulated by the law;

Article 3. Organizational Structure

1. Department of State Budget;

2. Department of Investment;

14. Office (with representation in Ho Chi Minh City).

4. Department of Administrative and Public Service Finance;

5. Department of Tax Policy.

6. Department of Banking and Financial Organization Finance.

7. Department of Accounting Systems and Auditing;

8. Department of International Cooperation.

9. Legal Affairs Department.

10. Planning and Finance Department.

11. Department of Organization and Cadre Management.

12. Department of Mobilization and Awards.

13. Inspectorate.

15. State Asset Management Bureau.

16. Corporate Finance Bureau.

17. Debt Management and External Finance Bureau.

18. Insurance Supervision and Management Bureau.

20. Information Technology and Financial Statistics Bureau.

19. Price Management Bureau;

20. Financial Information and Statistics Department.

21. General Department of Taxation.

22. General Department of Customs.

23. National Reserve Administration.

24. State Treasury.

25. Securities Commission.

26. Institute of Financial Strategy and Policy;

27. Vietnam Financial Times.

28. Financial Magazine.

29. School for Financial Cadre Training.

In this Article, organizations prescribed from Clause 1 to Clause 25 are administrative organizations assisting the Minister in performing state management functions; organizations prescribed from Clause 26 to Clause 29 are state-run public service organizations serving state management under the Ministry.

The State Budget Department, Investment Department, Administrative and Public Service Financial Department, Tax Policy Department, Banking and Financial Organization Finance Department, Accounting System and Audit Department, International Cooperation Department, Legal Affairs Department, Planning and Finance Department, Cadre and Civil Servant Organization Department, Inspectorate, and Office shall be organized into divisions by the Minister of Finance's decision.

The Minister of Finance shall submit to the Prime Minister for issuance decisions on defining the functions, tasks, powers, and organizational structure of the General Department of Taxation, General Department of Customs, National Reserve General Department, State Treasury, Securities Commission, and the list of other public service organizations currently under the Ministry.

Article 4. Effective date

1. This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance.

Article 2. Abolish previous provisions that conflict with this Decree.

3. Decree No. 96/2002/NĐ-CP dated November 19, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the General Department of Customs ceases to be effective when the Prime Minister's Decision stipulating the functions, tasks, powers, and organizational structure of the General Department of Customs under the Ministry of Finance is issued and comes into force.

4. The National Reserve Bureau continues to maintain its organization, operations, seal, and current accounts as prescribed in Decision No. 270/2003/QĐ-TTg dated December 24, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the National Reserve Bureau under the Ministry of Finance until the Prime Minister's Decision stipulating the functions, tasks, powers, and organizational structure of the National Reserve General Department under the Ministry of Finance is issued and comes into force.

Article 5. Responsibilities for Implementation

The Minister of Finance, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.