Decision No. 48/2015/QD-TTg on the functions, tasks, powers, and organizational structure of the State Securities Commission under the Ministry of Finance

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

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

Pursuant to the Securities Law on June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Securities Law on November 24, 2010;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by 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 promulgates this Decision stipulating the functions, tasks, powers, and organizational structure of the State Securities Commission under the Ministry of Finance.

Article 1. Position and Functions

1. The State Securities Commission is an agency directly under the Ministry of Finance, performing the function of advising and assisting the Minister of Finance in managing securities and the securities market; directly managing and supervising securities activities and the securities market; managing service activities within the field of securities and the securities market in accordance with the provisions of the law.

2. The State Securities Commission has legal personality, a seal bearing the National Emblem, and is entitled to open accounts at the State Treasury; its headquarters is located in Hanoi City.

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 the following tasks and powers:

1. Submit to the Minister of Finance for submission to the Government and the Prime Minister 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 decrees of the Government; draft decisions of the Prime Minister concerning securities and the securities market;

b) Strategies, plans, national target programs, action programs, projects, and important proposals regarding securities and the securities market.

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

a) Draft circulars and other documents concerning securities and the securities market;

b) Annual plans for developing the securities market.

3. Issuing guidance documents, professional documents, internal regulatory documents, and individual documents within the scope of management of the State Securities Commission.

4. Implementing legal regulatory documents, strategies, plans, programs, and projects within the field of securities and the securities market after they have been issued or approved by competent authorities.

5. Propagating, disseminating, and educating the public about laws related to securities and the securities market.

6. Issuing, renewing, suspending, revoking licenses, certificates of practice, and certificates related to securities activities and the securities market; approving changes related to securities activities and the securities market.

7. Managing and supervising the activities of stock exchanges, securities depositories, and auxiliary organizations; temporarily suspending trading and deposit activities of stock exchanges and securities depositories if there are signs affecting the rights and legitimate interests of investors; approving regulations and rules of stock exchanges and securities depositories; approving the listing of new types of securities, changes, and application of new trading methods, and the operation of new trading systems.

8. Inspecting, supervising, handling administrative violations, and resolving complaints and denunciations in securities activities and the securities market.

9. Conducting statistical work, forecasting activities in the securities and securities market sector; organizing the management and application of information technology, modernizing operations in the securities and securities market sector.

10. Organizing scientific research; organizing and coordinating with relevant agencies and organizations to train and enhance the skills of civil servants, officials managing securities, and securities practitioners; popularizing knowledge about securities and the securities market among the public.

11. Implementing international cooperation, building and implementing integration policies in the securities and securities market sector according to the division of labor and authority assigned by the Minister of Finance and the provisions of the law.

12. Guiding and inspecting securities associations in the implementation of their purposes, principles, and operational charters; handling or recommending competent state authorities to handle violations of the law by securities associations according to the division of labor and authority assigned by the Minister of Finance and the provisions of the law.

13. Implementing reporting systems on securities and the securities market according to the provisions of the law and the division of labor and authority assigned by the Minister of Finance.

14. Managing organizational structures and staffing; implementing salary systems and incentive policies, commendation and reward systems, disciplinary measures, training, and enhancement for civil servants, officials, and employees under the management of the State Securities Commission according to the division of labor and authority assigned by the Minister of Finance and the provisions of the law; implementing anti-corruption, anti-waste, and thrift measures in the use of assets and funds allocated according to the provisions of the law.

15. Implementing administrative reform according to the goals and content of the administrative reform program approved by the Minister of Finance.

16. Managing state budget funds and other sources of funding, assets allocated; implementing self-management systems for staffing and operating funds according to the provisions of competent authorities.

17. Performing other tasks and powers assigned by the Minister of Finance and stipulated by the law.

Article 3. Organizational Structure

1. Legal Affairs Department;

2. Department of Securities Market Development.

3. Department of Securities Offering Management.

4. Department of Public Company Supervision.

5. Department of Securities Trading Management.

6. Department of Fund Management Companies and Investment Securities Funds Management.

7. Department of Securities Market Supervision.

8. Department of International Cooperation.

9. Cadre and Civil Service Organization Department.

10. Financial Affairs and Administration Department.

11. Office (with a representative office in Ho Chi Minh City).

12. Inspectorate.

13. Information Technology Agency.

14. Center for Scientific Research and Securities Training.

15. Securities Magazine.

Organizations specified from Clause 1 to Clause 13 of this Article are administrative organizations assisting the Chairman of the State Securities Commission in performing state management functions; organizations specified in Clause 14 and Clause 15 of this Article are public service units.

The State Securities Commission Inspectorate performs specialized inspection functions concerning securities and the securities market; it is directly guided by the Chairman of the State Securities Commission and professionally guided by the Inspectorate of the Ministry of Finance. The Securities Inspectorate has an Inspector General, Deputy Inspector Generals, and Inspectorate Officers.

The Minister of Finance shall stipulate the functions, tasks, powers, and organizational structure of units under the State Securities Commission.

Article 4. Leadership

1. The State Securities Commission shall have a Chairman and not more than three Vice Chairmen.

2. The Chairman and Vice Chairmen of the State Securities Commission shall be appointed, relieved of duty, and dismissed by the Minister of Finance in accordance with the provisions of the law.

3. The Chairman is the head of the State Securities Commission, accountable to the Minister of Finance and to the law for all activities of the State Securities Commission. The Vice Chairmen of the State Securities Commission are accountable to the Chairman of the State Securities Commission and to the law for the areas of work they are assigned to manage.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect from December 1, 2015.

2. Abolish Decision No. 112/2009/QD-TTg dated September 11, 2009 of the Government Chairman stipulating the functions, tasks, powers, and organizational structure of the State Securities Commission under the Ministry of Finance.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally governed city People's Committees, and the Chairman of the State Securities Commission are responsible for implementing this Decision./.