Decision No. 165/2003/QD-BTC of the Minister of Finance stipulates the functions, tasks, powers, and organizational structure of the Department of Banking and Financial Institutions.

DECISION OF THE MINISTER OF FINANCE

Article on the functions, tasks, powers, and organizational structure of the Department of Banking and Financial Institutions

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 THE MINISTER OF FINANCE

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

Based on 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;

Based on Circular No. 1912/BNV-TCBC dated August 15, 2003 of the Ministry of Home Affairs regarding agreement on establishing rooms at some units of the Ministry of Finance;

Considering the proposal of the Head of the Department of Banking and Financial Institutions and the Head of the Department of Organization and Cadres,

DECISION:

Article 1: The Department of Banking and Financial Institutions (hereinafter referred to as the Department of Banking Finance) is a unit under the state management machinery of the Ministry of Finance, with the function of assisting the Minister of Finance in uniformly managing state administration over the activities of investment funds, state financial funds, and lottery, betting, and prize-winning entertainment activities; managing state finance for the activities of banks, credit organizations, investment funds, financial institutions, and lottery, betting, and prize-winning entertainment activities.

Article 2: The Department of Banking Finance has the following tasks:

1. Submitting to the Ministry strategies, plans, long-term plans, annual plans, and five-year plans for the development of capital markets, lottery, betting, and prize-winning entertainment markets; participating in building the national financial strategy.

2. Submitting to the Ministry projects and draft regulatory legal documents within the areas managed by the Department.

3. Organizing the implementation and guiding, inspecting the implementation of strategies, plans, and regulatory legal documents after approval; coordinating with the Legal Department and the Ministry's Office to organize information dissemination, propaganda, and popularization of laws within the Department's management area.

4. Regarding financial management in the banking, monetary, and credit sectors:

a. Preparing opinions for the Ministry to participate with the State Bank of Vietnam on the strategy for developing the money market and credit of Vietnam;

b. Advising the Ministry to participate with the Government and the State Bank of Vietnam in formulating and implementing policies on capital mobilization, interest rates, exchange rates, and other issues in the monetary and banking sectors;

c. Proposing opinions on handling issues related to banking activities in relation to state finance for the Minister of Finance to decide or submit to competent authorities;

d. Submitting to the Ministry regulations on supervising the printing, minting, issuance, destruction of currency, and foreign exchange reserves of the State. Organizing the implementation of supervision according to the Ministry's assignment;

đ. Guiding, inspecting, and supervising the finances of the State Bank of Vietnam, commercial banks, policy banks, credit organizations, enterprises directly under the State Bank of Vietnam, and other organizations operating in the banking and credit sector;

e. Participating in opinions with units in the Ministry on financial policies and handling financial issues related to the monetary, credit, and banking sectors.

5. Regarding the management of investment funds and state financial funds:

a. Submitting to the Ministry mechanisms and policies for mobilizing, managing, and using state credit support for development; financial management mechanisms for organizations performing state credit support functions; supervising the issuance of guidance documents on operations of these organizations;

b. Submitting to the Ministry operational mechanisms, financial management mechanisms, and policies for mobilizing and using funds of state investment funds and financial funds; supervising the issuance of guidance documents on operations of these funds;

c. Submitting to the Ministry decisions on interest rates for mobilizing capital for state investment development credit; interest rates for state development support loans; deciding on issues within the Ministry of Finance's authority;

d. Inspecting and supervising state development credit support activities; activities of state investment funds and financial funds in receiving, mobilizing, borrowing, financing, and using capital; supervising the finances of related organizations;

đ. Assisting the Minister in managing and supervising organizations performing state development credit support according to the Prime Minister's authorization.

6. Regarding the management of lottery, betting, and prize-winning entertainment activities:

a. Submitting to the Ministry financial policies and mechanisms; issuing, approving, and confirming completion of registration procedures for rules and regulations for each type of lottery, betting, and prize-winning entertainment;

b. Receiving, inspecting, and evaluating licensing application files, amendments, supplements, or revocation of licenses for organizations and businesses operating lottery, betting, and prize-winning entertainment activities to submit to the Minister of Finance for decision in accordance with the law;

c. Guiding, inspecting, and supervising the implementation of state regulations on lottery, betting, and prize-winning entertainment activities;

d. Proposing and implementing international cooperation and integration tasks in the lottery, betting, and prize-winning entertainment sector according to the Minister of Finance's assignment.

7. Regarding the management of capital markets and financial markets:

a. Reviewing bond issuance plans of local governments, government-guaranteed bonds, and corporate bonds; submitting to the Minister for decision on interest rates for government investment bonds according to the law;

b. Assisting the Ministry in performing state management tasks for the securities market according to the Government's assignment;

c. Evaluating establishment file of provincial and municipal development funds, specialized investment funds, and other financial intermediaries in the financial market to submit to the Minister of Finance for decision according to the law.

8. Submitting to the Ministry for issuance of financial mechanisms; guiding, inspecting, and supervising the finances of the Securities Commission, stock trading centers, units directly under the Securities Commission, non-bank financial institutions, financial intermediaries, and other financial organizations.

9. Summarizing the operation situation of all types of funds under the Ministry of Finance's management; the operation situation of the financial market (banking, securities, insurance, accounting, auditing...).

10. Assist the Ministry in performing its state management tasks over associations, professional organizations, and non-governmental organizations operating within the scope of the Department's management as prescribed by law.

11. Organize statistical work, analysis, and forecasting for the areas under the Department's management; implement information and reporting systems as prescribed by the Ministry.

12. Evaluate the effectiveness of state budget spending in the areas under the Department's management and submit the results to the State Budget Department for consolidation.

13. Organize scientific research or cooperate with units inside and outside the sector in scientific research according to plans and topics approved by the Ministry.

Article 3: The Director of the Financial and Banking Department has the authority:

1. To coordinate with relevant agencies to resolve specialized professional issues within the scope of tasks assigned by the Ministry; to receive files, documents, and data, and request organizations, units under the Ministry, local financial authorities, sectors, and related organizations to provide documents and texts to fulfill assigned tasks.

2. To sign vouchers, notifications approving budgets, orders for state budget revenue and expenditure according to the delegation of the Minister of Finance.

3. To sign memoranda explaining and answering questions within the scope of the Department's management; to sign documents responding to agencies, organizations, or individuals as delegated by the Ministry.

  Article 4: The Financial and Banking Department shall have a Director and several Deputy Directors.

The Director is responsible for comprehensively managing the civil servants of the Department according to the regulations of the Ministry; organizing training and enhancing the qualifications of civil servants; being accountable to the Minister of Finance for all activities of the Department.

Deputy Directors are accountable to the Director for the tasks assigned to them.

The Financial and Banking Department includes the following divisions:

1. Banking Division

2. Lottery Division

3. Capital Market Division.

Specific tasks of each division are stipulated by the Director of the Financial and Banking Department.

The Financial and Banking Department operates under a specialist system combined with division organization.

For tasks carried out under the specialist system, the Director of the Financial and Banking Department is responsible for organizing work and assigning tasks to each civil servant in accordance with their position standards, capabilities, and trained expertise to complete assigned tasks.

The staffing of the Financial and Banking Department is determined by the Minister of Finance.

Article 5:  This Decision takes effect from the date of signature. Decisions No. 1071 TC/QĐ/TCCB dated October 4, 1995 on the Charter of Organization and Operation of the Financial and Banking Department and Financial Organizations, Decision No. 1713/QĐ/BTC dated January 27, 1998 on Adjusting Tasks of Some Subordinate Units and Units Under the Ministry, and Decision No. 146/1999/QĐ-BTC dated November 26, 1999 on Supplementing Tasks of the Financial and Banking Department and Financial Organizations are hereby repealed.

The Director of the Financial and Banking Department, the Director of the Cadre and Civil Servant Organization Department, the Head of the Ministry of Finance’s Office, and the Heads of subordinate organizations and units under the Ministry are responsible for implementing this Decision./.