Decision No. 29/2009/QD-TTg on the autonomy regime regarding staffing and operating funds of the State Securities Commission

 

Pursuant to …;

ON THE AUTONOMOUS REGIME FOR STAFFING AND OPERATING EXPENSES OF THE STATE SECURITIES COMMISSION

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on State Budget dated December 16, 2002;
Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;
Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Implementing the autonomous regime for staffing and operating expenses of the State Securities Commission under the Ministry of Finance.

Article 2. The implementation of the autonomous regime for staffing and operating expenses of the State Securities Commission must ensure the following objectives and requirements:

1. Fulfill assigned tasks effectively; strengthen market supervision and management activities; ensure the safe and efficient operation of the securities market.

2. Reform the management mechanism for staffing and operating expenses of the State Securities Commission; promote organizational restructuring, building a professional cadre with high expertise.

3. Actively utilize allocated operating funds, practice thrift, and combat waste; upgrade infrastructure, information technology systems, material resources, and working tools to enhance management and supervisory capabilities; strengthen training and gradually supplement income for cadres and civil servants.

4. Ensure transparency and democracy in accordance with the law, safeguarding the legitimate rights and interests of cadres and civil servants.

Article 3. On staffing:

1. The staffing of the State Securities Commission shall be determined within the total number of staff positions granted by the competent state authority to the Ministry of Finance. The Minister of Finance shall allocate staffing targets to the State Securities Commission in accordance with its functions and assigned tasks, serving as the basis for implementing the autonomous regime for staffing and operating expenses. In cases where additional functions and tasks are added according to decisions of the competent authority, the Minister of Finance shall coordinate with the Minister of Home Affairs to report to the Prime Minister for decision on additional staffing for the State Securities Commission.

2. Based on the allocated staffing, the State Securities Commission shall proactively arrange, assign, and transfer cadres and civil servants to positions to ensure the completion of unit tasks.

3. Outside the allocated staffing targets, within the scope of self-managed operating funds and job requirements, the State Securities Commission may enter into service contracts and labor contracts in accordance with the law.

In cases where staffing is lower than the target, the State Securities Commission shall be guaranteed administrative management expenses based on the allocated staffing targets.

Article 4. On sources of self-managed operating funds and usage content:

1. Sources of self-managed operating funds for the State Securities Commission include:

a. State budget funding to ensure regular operations in accordance with current regulations:

- For 2009, the state budget funding shall not be lower than that of 2008;

- From 2010 onwards, state budget funding shall be based on the previous year's allocation and annual increase in expenditures as stipulated.

b. Revenues directly collected by the State Securities Commission in accordance with the law, including:

- Fees for licensing organizations and individuals to operate in the securities sector as prescribed by law

- Market surveillance fees, management fees for public companies.

c. Other lawful sources of funds.

2. In cases where objective factors lead to insufficient revenue for the State Securities Commission to meet the budgeted expenditure, the Minister of Finance shall report to the Prime Minister for appropriate supplementation.

3. Self-managed operating funds shall be used for the following purposes:

a. Personal expenses, including:

- Salaries, wages, and allowances applied at twice the national standard rate for cadres, civil servants, and employees.

- Contributions, bonuses, welfare benefits, and other payments to individuals as prescribed by the state.

b. Operational and professional expenses: payment for public services, office supplies, information, publicity, communication, conferences, domestic travel expenses, expenses for foreign missions and reception of foreign delegations (within the regular expense limit), rental expenses, specialized operational expenses of each department, procurement, and regular maintenance of fixed assets.

c. Other regular expenses outside the above-mentioned content.

The State Securities Commission shall proactively establish expense standards and regulations suitable for its special activities based on applying state standards, limits, and regulations within the allocated operating funds.

Article 5. In addition to the self-managed operating funds specified in Article 4 of this Decision, the State Securities Commission shall annually receive state budget allocations for the following tasks:

1. Basic construction investment according to approved projects.

2. Procurement and major repairs of fixed assets.

3. Annual contributions and matching funds for projects under agreements with international organizations.

4. Implementation of urgent tasks assigned by competent authorities.

5. National target programs (if any).

6. Staff reduction.

7. Training and development of civil servants.

8. Scientific research.

9. Other non-recurring tasks.

Article 6. The State Securities Commission shall proactively utilize allocated operating funds in accordance with actual needs and within the allocated amount; unspent funds at the end of the year may be carried over to the next year for continued use.

Article 7. Annually, based on saved funds and revenues, the State Securities Commission may use them for the following purposes:

1. The State Securities Commission may establish the following funds:

a. A business development fund to implement investments to strengthen material resources; purchase equipment to support professional and business activities; apply information technology and other related tasks of the State Securities Commission.

b. A stability income reserve fund to ensure stable income for cadres and civil servants of the State Securities Commission due to objective reasons reducing income; support cadres, civil servants, and employees facing particularly difficult circumstances, serious illnesses, or other special cases.

c. An award and welfare fund:

- Awards for regular and extraordinary achievements for collectives and individuals within and outside the unit who have contributed to the activities of the Securities Commission.

- Expenditure on collective welfare activities; emergency hardship allowances, retirement, and disability pensions; additional expenditure for civil servants and employees implementing staff reduction; expenditure on constructing and repairing welfare facilities.

2. The level of contributions to funds and their use:

a. At least 25% of savings shall be allocated to the Business Development Fund.

b. The level of contribution to the Income Stabilization Reserve Fund shall be determined by the Minister of Finance.

c. Contribution to the Award and Welfare Fund: up to three months' salary, wages, and actual income realized during the year.

d. Supplementing income for civil servants, public officials, and employees, not exceeding two times the state-prescribed salary grade and position level.

The Securities Commission shall proactively distribute income based on the principle of linking it with work performance efficiency and quality of each civil servant, ensuring fairness and reasonableness.

Article 8. The Securities Commission shall cover any additional expenditures according to new policies and regulations regarding salaries, allowances, and other policies and regulations for civil servants, public officials, and employees.

Article 9. Responsibilities of the Minister of Finance:

1. Guide and direct the Securities Commission to implement the self-management system concerning staffing and operating expenses as decided herein.

2. Regularly organize inspections, interim reviews, and evaluations to draw lessons from the delegation of self-management concerning staffing and operating expenses to the Securities Commission.

Article 10. This Decision takes effect from April 8, 2009. The self-management system concerning staffing and operating expenses of the Securities Commission stipulated in this Decision shall apply from the 2009 fiscal year.

The Ministers of Finance, Home Affairs, Planning and Investment, and the heads of related agencies are responsible for enforcing this Decision.