Decision No. 161/2004/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the State Securities Commission.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the State Securities Commission

PRIME MINISTER

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

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 66/2004/NĐ-CP dated February 19, 2004 of the Government on transferring the State Securities Commission under the Ministry of Finance;

At the proposal of the Minister of Finance and the Minister of Home Affairs,

DECISION:

Article 1. Position and Functions

1. The State Securities Commission is an organization under the Ministry of Finance, accountable to the Minister of Finance, performing state management functions over securities and the securities market; directly managing and supervising securities activities and the securities market; managing public service activities within the securities and securities market sector in accordance with the law.

2. The State Securities Commission has legal personality, has a seal bearing the national emblem, and is entitled to open an account at the National Treasury in accordance with 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 State Securities Commission shall perform tasks and powers as prescribed by laws on securities and the securities market and the following specific tasks and powers:

1. Drafting and submitting to the Minister of Finance for approval normative legal documents on securities and the securities market; strategies, plans, long-term, five-year, and annual plans on securities and the securities market;

2. Submitting to the Minister of Finance for decision within his/her authority or for the Minister of Finance to consider and submit to the Prime Minister for decision on the establishment, suspension of operations, or dissolution of securities trading centers, stock exchanges, securities depositories, and other organizations related to securities activities and transactions;

3. Implementing normative legal documents, strategies, plans on securities and the securities market after they have been approved;

4. Issuing standards, procedures, professional norms, economic and technical quotas for application in subordinate organizations in accordance with the law and the regulations of the Minister of Finance;

5. Issuing, extending, suspending, or revoking certificates of registration for issuance, trading, listing permits, business licenses, and certificates of securities business and services in accordance with the law;

6. Organizing and managing securities trading centers, stock exchanges, and organized securities trading markets, depositories, registration, and settlement systems;

7. Managing the implementation of securities and securities market regulations by public securities issuers, listed companies, securities businesses, and auxiliary organizations in accordance with the law;

8. Inspecting, auditing, and supervising organizations and individuals participating in securities market activities and handling violations concerning securities and the securities market in accordance with the law;

9. Guiding and creating conditions for securities associations to implement their purposes, principles, and charters; inspecting compliance with state regulations, handling or recommending competent authorities to handle violations of securities associations in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

10. Implementing reporting systems on securities and the securities market in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

11. Implementing international cooperation on securities and the securities market in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

12. Implementing administrative reform according to the goals and contents of the administrative reform program of the State Securities Commission approved by the Minister of Finance;

13. Organizing analytical forecasting, information dissemination, popularization of knowledge, training, and capacity building on securities and the securities market for organizations and individuals participating in securities market activities;

14. Organizing scientific research on securities and the securities market;

15. Organizing, managing, and applying information technology; modernizing securities and securities market management in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

16. Managing organizational structures, staffing, cadres, civil servants, and employees under its jurisdiction; organizing professional training and capacity building for cadres, civil servants, and employees of the State Securities Commission in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

17. Managing financial resources and assets allocated in accordance with the law and the division of responsibilities assigned by the Minister of Finance;

18. Performing other tasks assigned by the Minister of Finance.

Article 3. Organizational structure of the State Securities Commission

a) The apparatus assisting the Chairman of the State Securities Commission:

1. Securities Market Development Department;

2. Securities Issuance Management Department;

3. Securities Business Management Department;

4. International Cooperation Department;

5. Organization and Cadre Department;

6. Planning and Finance Department;

7. Legal Affairs Department;

8. Inspectorate;

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

b) Affiliated organizations:

1. Hanoi Securities Exchange Center;

2. Ho Chi Minh City Securities Exchange Center;

3. Securities Science Research and Training Center;

4. Information Technology and Statistics Center;

5. Securities Magazine.

The functions, tasks, powers, and organizational structure of units under the State Securities Commission shall be implemented in accordance with the regulations of the Minister of Finance.

Article 4. Leadership of the State Securities Commission

The leadership of the State Securities Commission consists of the Chairman and Vice Chairmen.

The Chairman of the State Securities Commission is appointed and relieved from duty by the Prime Minister upon the proposal of the Minister of Finance. The Chairman of the State Securities Commission is responsible to the Minister of Finance for all activities of the State Securities Commission.

The Vice Chairmen of the State Securities Commission are appointed and relieved from duty by the Minister of Finance upon the proposal of the Chairman of the State Securities Commission and are responsible to the Chairman of the State Securities Commission for the assigned areas of work.

Article 5. Establishment

The staffing of the State Securities Commission is decided by the Minister of Finance within the total staffing of the Ministry of Finance.

Article 6. Effectiveness

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 7. Responsibility for Implementation

The Minister of Finance, other Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government, and the Chairman of the State Securities Commission are responsible for implementing this Decision./.