Decision No. 757/QD-BTC stipulates the functions, tasks, powers, and organizational structure of the Legal Department - 757/QD

Pursuant to …;

Regulations on functions, tasks, powers

and the organizational structure of the Legal Department

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THE MINISTER OF FINANCE

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 122/2004/ND-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal affairs organization at ministries, ministerial-level agencies, government-affiliated agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Considering the proposal of the Head of the Legal Department and the Head of the Organization and Cadres Department,

DECISION:

Article 1. Position and Functions

The Legal Department is a unit within the State management machinery of the Ministry of Finance, with the function of assisting the Minister of Finance in implementing state management through law in the fields under the state management of the Ministry and organizing the implementation of legal affairs work of the Ministry of Finance in accordance with the provisions of the law.

Article 2. Tasks

1. On drafting programs for the development of regulatory legal documents and developing, participating in regulatory legal documents:

a) Taking the lead and coordinating with relevant units under the Ministry to assist the Minister in proposing annual and long-term legislative programs; preparing draft programs for developing decrees and decisions of the Government and the Prime Minister for submission to the Government; organizing the implementation and urging units and organizations under the Ministry to implement legislative programs after they have been approved by competent authorities.

b) Taking the lead or participating in drafting proposals on financial mechanisms and policies, projects, and draft regulatory legal documents according to the assignment of the Ministry.

c) Taking the lead or coordinating with units under the Ministry to provide comments on draft regulatory legal documents, mechanism and policy proposals sent by other ministries, sectors, or localities for soliciting opinions according to the assignment of the Ministry.

2. On reviewing regulatory legal documents:

a) Legally reviewing draft regulatory legal documents prepared by units under the Ministry according to the assignment of the Ministry before submitting them for signature and issuance by the Minister of Finance;

b) Coordinating with relevant units to prepare files on draft regulatory legal documents for soliciting opinions from organizations and agencies, requesting the Ministry of Justice to review, and submitting them to the Government and the Prime Minister.

3. On evaluating the implementation and inspecting regulatory legal documents:

a) Taking the lead and organizing the evaluation of the implementation of regulatory legal documents and inspections of regulatory legal documents; drafting and implementing plans for evaluating and inspecting regulatory legal documents; providing professional guidance and inspecting the evaluation and inspection work of units under the Ministry according to the regulations of the Ministry of Finance;

b) Conducting inspections of documents issued by heads of units under the Ministry;

c) Taking the lead and coordinating with units to conduct self-inspections of regulatory legal documents issued by the Ministry of Finance; conducting inspections within their authority of regulatory legal documents issued by ministries, ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees regarding matters related to the fields managed by the Ministry of Finance;

d) Compiling and presenting to the Ministry for decision-making the list of documents to be inspected and implementing the approved list; taking the lead and coordinating with units to compile summaries of the practical implementation of financial regulatory legal documents;

đ) Compiling reports on the results of evaluating the implementation of regulatory legal documents; results of inspecting regulatory legal documents.

e) Taking the lead in assigning and urging units under the Ministry to implement recommendations from the State Audit Agency, the Government Inspectorate, the Criminal Police Force, and the Ministry of Finance Inspectorate related to amending and supplementing financial mechanisms and policies.

4. On reviewing regulatory legal documents:

a) Taking the lead and coordinating with units under the Ministry to review and systematize regulatory legal documents in the fields managed by the Ministry; proposing and submitting to the Ministry solutions for handling the results of reviewing regulatory legal documents.

b) Taking the lead and coordinating with units under the Ministry to systematize regulatory legal documents related to the state management of the Ministry of Finance; compiling lists of valid documents, expired documents, abolished documents, revoked documents, or replaced by other documents; lists of valid documents that need to be amended, supplemented, or abolished; sending these lists to be published in the Official Gazette.

c) Serving as the focal point for implementing tasks to simplify administrative procedures and administrative reform of the Ministry of Finance.

5. On promoting legal education and dissemination:

a) Serving as the focal point for implementing legal education and dissemination activities of the Ministry of Finance; assisting the Minister of Finance in implementing activities of the Steering Committee for Legal Education and Dissemination of the Ministry of Finance;

b) Taking the lead or coordinating with relevant units under the Ministry to organize the dissemination and education of financial regulatory legal documents;

c) Implementing the provision of legal information on finance to relevant entities; compiling, publishing, and distributing materials to serve legal education and dissemination activities;

d) Providing professional guidance on legal education and dissemination activities; organizing and managing a team of legal educators.

6. On providing legal support to businesses:

a) Taking the lead or coordinating with units under the Ministry to organize the receipt and consolidation of business suggestions related to legal provisions to propose amendments, supplements, or new issuance of regulatory legal documents within their authority or submit to competent state agencies for consideration and decision on amending, supplementing, or issuing new regulatory legal documents.

b) Participate in building, maintaining, and updating the database of regulatory legal documents within the financial sector under its management scope related to business activities for publication on the official electronic information website of the Ministry, except for documents listed in the state secrets directory as prescribed by law.

c) Take the lead in coordinating with units under the Ministry to organize the development of a legal support program for businesses within the financial sector and submit it for approval by the Ministry's leadership; Organize the implementation of the program after it has been approved.

7. Regarding other tasks:

a) Provide professional guidance and business operations guidance to legal organizations at the General Department, Bureau, and state-owned enterprises where the Ministry is the representative owner of the state capital.

b) Issue legal opinions on loan agreements, international treaties on ODA, credit agreements signed by the Ministry of Finance with countries and international organizations according to the provisions of the agreements, treaties, or agreements, or as prescribed by law; participate in legal review of draft documents prepared for signing by the Ministry with countries and international organizations when requested;

c) Provide legal advice to the Ministry in handling issues within the Ministry’s jurisdiction when requested.

d) Propose and organize the implementation of international cooperation contents on law as assigned by the Ministry.

đ) Organize scientific research or cooperate in scientific research with units inside and outside the financial sector according to the plan and content approved by the competent authority.

8. Perform other tasks and powers delegated by the Minister.

Article 3. Organizational Structure

The Legal Affairs Department has a Director and several Deputy Directors.

The Director of the Legal Affairs Department is responsible to the Minister of Finance for all activities of the Department; manage civil servants and assets allocated according to regulations.

The Deputy Director of the Legal Affairs Department is responsible to the Director for the tasks assigned.

The Legal Affairs Department has the following divisions:

1. General Division

2. Banking, Securities, Insurance Legal Division

3. Financial Budget Legal Division

4. Tax, Fees, Stamp Duties Legal Division.

Specific tasks of these Divisions are defined by the Director of the Legal Affairs Department.

The Legal Affairs Department operates under a division system combined with a specialist system. For tasks carried out under the specialist system, the Director of the Legal Affairs Department is responsible for organizing work and assigning tasks to civil servants in accordance with their job titles, standards, capabilities, and training specialties to complete the tasks.

The staffing of the Legal Affairs Department is determined by the Minister of Finance.

Article 4. Responsibilities and Powers of the Director

1. Direct and implement the tasks of the Department as stipulated in Article 2 of this Decision.

2. Receive all regulatory legal documents and other documents related to the assigned functions and tasks;

3. Sign documents providing guidance, explanations, and responses to issues within the Department's field of work and documents signed on behalf of or authorized by the Minister according to the Ministry's working regulations.

4. Request units and organizations under the Ministry to provide materials and data as prescribed.

Article 5. Effectiveness and Responsibility for Implementation

This Decision takes effect from the date of signature. Decree No. 128/2003/QĐ-BTC dated August 15, 2003, of the Minister of Finance regarding the functions, tasks, powers, and organizational structure of the Legal Affairs Department is hereby repealed.

The Director of the Cadre and Civil Service Organization Department, the Director of the Legal Affairs Department, the heads of units and organizations under the Ministry, and the Director of the Ministry of Finance's Office are responsible for implementing this decision./.