Decision No. 36/2019/QD-TTg on the functions, tasks, powers, and organizational structure of the State Treasury General under the Ministry of Finance

           

             

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure
of the State General Reserve Agency under the Ministry of Finance

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

WHEREAS, the Law on National Reserves dated November 20, 2012;

WHEREAS, Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

WHEREAS, Decree No. 87/2017/ND-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Minister of Finance,

THE PRIME MINISTER issues this Decision to stipulate the functions, tasks, powers, and organizational structure of the State General Reserve Agency under the Ministry of Finance.

Article 1. Position and Functions

1. The State General Reserve Agency is an organization under the Ministry of Finance, performing the function of advising and assisting the Minister of Finance in state management of national reserves and directly managing various types of national reserve goods as prescribed by law.

2. The State General Reserve Agency has legal personality, a seal with the National Emblem, and an account at the State Treasury; its headquarters is located in Hanoi; operational funds are provided from the state budget.

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 General Reserve Agency shall perform the following tasks and powers:

1. Submit to the Minister of Finance for submission to the competent authority for consideration and decision:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government; draft decisions, directives of the Prime Minister concerning national reserves;

b) Policies for development, resource orientation, national reserve strategy; overall planning of the national reserve warehouse system; five-year and annual national reserve plans; action programs, projects, and proposals of significant importance within the scope of national reserve management;

c) Adjusting the list of national reserve goods, the level of each type of reserve, the total level of national reserves during each period and annually;

d) Supplementing the central government budget for national reserves in the year, supplementing funding for purchasing replacement goods for national reserves that have been issued without payment according to the regulations of the law;

đ) Matters related to the import, export, destruction, and reduction of capital value of national reserve goods according to the law on national reserves;

2. Submit to the Minister of Finance for consideration and decision:

a) Issuing circulars, decisions, directives, annual activity plans, and other documents regarding national reserves;

b) Detailed planning of the network of national reserve warehouses within the scope of management;

c) Financial management systems, budget allocation for national reserves; mechanisms for purchase, sale, import, and export; storage and quality management of national reserve goods; statistical and reporting systems on national reserves;

d) Warehouse standards for national reserves (excluding national reserve warehouses of the Ministry of Public Security and the Ministry of Defense); national technical standards, economic-technical norms for national reserve goods;

đ) Reviewing the distribution of the state budget for national reserve activities allocated to ministries and sectors managing national reserve goods according to the law and the division of responsibilities assigned by the Ministry of Finance;

e) Providing operating funds for purchasing national reserve goods, management and business operation funds for national reserve goods to ministries, sectors, agencies, and units directly managing national reserve goods according to the law;

g) Temporarily borrowing state budget funds for the import, export, and storage of national reserve goods managed by ministries and sectors according to the law;

h) Auditing and consolidating final accounts of state budget funds spent on purchasing national reserve goods and business operation costs of ministries and sectors managing national reserve goods according to the law;

i) Importing and exporting national reserve goods in emergency situations according to the law;

k) Reducing capital for national reserve goods according to the law; liquidating national reserve goods within the scope of management.

3. Issuing guiding documents and individual documents within the scope of management of the State General Reserve Agency according to its authority.

4. Directing and organizing the implementation of legal normative documents, strategies, plans, programs, and projects on the field of national reserves after they are issued or approved by the competent authority.

5. Promoting, disseminating, and educating the law on national reserves.

6. Directly managing national reserve goods within the categories assigned by the Government to the Ministry of Finance:

a) Organizing the management, storage, import, export, purchase, sale, rotation, and exchange of national reserve goods, ensuring safety, handling losses and excesses of national reserve goods according to the law;

b) Implementing the export of national reserve goods for relief, rescue, support, international aid, or to meet urgent and critical needs as decided by the Prime Minister or the Minister of Finance;

c) Determining specific prices when purchasing and selling national reserve goods according to the law and the delegation of authority by the Minister of Finance.

7. Organizing the implementation of investment construction of warehouse systems, headquarters, and technical equipment according to the law and the division of responsibilities assigned by the Minister of Finance.

8. Conducting specialized inspections, monitoring the activities of national reserves of ministries and sectors managing, and units storing national reserve goods; internal audits; resolving complaints and denunciations; handling according to its authority or recommending the competent authority to handle according to the law against violations of the law on national reserves; preventing corruption, waste, and practicing thrift and combating wastefulness according to the law.

9. Organizing research and application of scientific and technological progress in the preservation and management of national reserves.

10. Building information systems; organizing statistical work and regular and emergency reporting on the situation of management and use of national reserve goods and other resources; preparing consolidated financial reports on national reserve activities according to the law.

11. Implementing international cooperation on national reserves according to the law and the division of responsibilities assigned by the Minister of Finance.

12. Manage organizational structure, staffing; implement salary systems and incentive policies, commendation and reward systems, disciplinary measures, training, and capacity building for civil servants, public officials, and employees under the management of the National Reserve General Department in accordance with laws and the delegation of authority by the Minister of Finance.

13. Manage financial resources and assets assigned in accordance with the law.

14. Implement administrative reform in accordance with the objectives and content of the administrative reform program approved by the Minister of Finance.

15. Perform other tasks and exercise other powers as prescribed by law and delegated by the Minister of Finance.

Article 3. Organizational Structure

1. The central agencies of the National Reserve General Department:

a) Policy and Legal Affairs Division;

b) Planning Division;

c) Science and Storage Technology Division;

d) Inventory Management Division;

e) Organization and Cadre Department;

e) Financial and Administrative Management Division;

g) The Office;

h) Inspection and Audit Division;

i) Information Technology, Statistics, and Inventory Testing Bureau.

The organizations specified from point a to point i of this clause shall be administrative bodies assisting the Director-General in performing state management functions.

The Office shall be organized into three departments; the Information Technology, Statistics, and Inventory Testing Bureau shall be organized into three departments and one affiliated entity.

2. National Reserve Organizations at the local level:

a) Regional National Reserve Bureaus directly subordinate to the National Reserve General Department:

- Hanoi Regional National Reserve Bureau;

- Northwest Regional National Reserve Bureau;

- Hoang Lien Son Regional National Reserve Bureau;

- Vinh Phu Regional National Reserve Bureau;

- Bac Thai Regional National Reserve Bureau;

- Ha Bac Regional National Reserve Bureau;

- Hai Hung Regional National Reserve Bureau;

- Northeast Regional National Reserve Bureau;

- Thai Binh Regional National Reserve Bureau;

- Ha Nam Ninh Regional National Reserve Bureau;

- Thanh Hoa Regional National Reserve Bureau;

- Nghe Tinh Regional National Reserve Bureau;

- Binh Tri Thien Regional National Reserve Bureau;

- Da Nang Regional National Reserve Bureau;

- Nghia Binh Regional National Reserve Bureau;

- South Central Regional National Reserve Bureau;

- North West Highlands Regional National Reserve Bureau;

- South West Highlands Regional National Reserve Bureau;

- Southeast Regional National Reserve Bureau;

- Ho Chi Minh City Regional National Reserve Bureau;

- Cuu Long Regional National Reserve Bureau;

- Southwest Regional National Reserve Bureau.

b) Sub-bureaus of the National Reserve under the Regional National Reserve Bureaus.

The Regional National Reserve Bureaus and Sub-bureaus of the National Reserve have legal personality, their own seals, and are allowed to open accounts at the State Treasury in accordance with the law.

3. The Minister of Finance shall stipulate the functions, tasks, powers, and organizational structures of the organizations under and directly subordinate to the National Reserve General Department.

Article 4. Leadership of the National Reserve General Department

1. The National Reserve General Department has a Director-General and not more than four Deputy Director-Generals.

2. The Director-General and Deputy Director-Generals are appointed, relieved of duty, and dismissed by the Minister of Finance in accordance with the law.

3. The Director-General is the head of the National Reserve General Department, accountable to the Minister of Finance and the law for all activities of the National Reserve General Department. Deputy Director-Generals are accountable to the Director-General and the law for the areas of work they are responsible for.

Article 5. Effectiveness and Transitional Provisions

1. This Decision takes effect from February 15, 2020, and replaces Decision No. 106/2009/QD-TTg dated August 20, 2009, of the Prime Minister on the functions, tasks, powers, and organizational structure of the National Reserve General Department under the Ministry of Finance.

2. The Minister of Finance is responsible for:

a) Reorganizing the tasks, personnel, finances, and assets, and implementing the procedures to dissolve the National Reserve Training Center under the National Reserve General Department within ninety days from the date this Decision takes effect;

b) Continuing to reorganize the system of Sub-bureaus of the National Reserve under the Regional National Reserve Bureaus to ensure that there will be eighty-two Sub-bureaus of the National Reserve by the end of 2025.

3. The Minister of Finance, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees, and the Director-General of the National Reserve General Department are responsible for implementing this Decision./.