Decree No. 77/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Finance

DECREE

Specifies the functions, tasks, powers, and organizational structure of the Voice of Vietnam Radio Station

organizational structure of the Ministry of Finance

________________

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, Session XI, first meeting, providing the list of ministries and ministerial-level agencies of the Government;

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

At the proposal of the Minister of Finance and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Finance is an agency of the Government implementing state management over finance, state budget, taxes, fees, charges, and other revenues of the state budget, national reserves, state financial funds, financial investment, corporate finance, and financial service activities (collectively referred to as the finance-budget sector), customs, accounting, independent auditing, and prices throughout the country; managing public services in the finance-budget sector, customs, accounting, independent auditing, and prices; representing the state's ownership interest in enterprises according to the provisions of the law.

Article 2. Tasks and Powers

The Ministry of Finance shall be responsible for performing the tasks and powers prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting draft laws, ordinances, and draft regulatory legal documents on the finance-budget sector, customs, accounting, independent auditing, and prices to the Government and the Prime Minister.

2. Submitting strategies, plans for development, long-term, five-year, and annual plans on sectors under the Ministry’s jurisdiction to the Government.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. Directing, guiding, inspecting, and being responsible for implementing regulatory legal documents, strategies, plans, and other legal documents within its jurisdiction after approval; disseminating, educating, and promoting the law on sectors under its jurisdiction.

5. On state budget management:

a) Submitting the state budget estimate and the plan for allocating the central budget annually, adjusted state budget estimates when necessary, final accounts of the central budget, and final accounts of the state budget to the Government; coordinating with the Ministry of Planning and Investment to prepare the estimate of development expenditure, allocation plans for construction investment, supplementary national reserves, state credit support, capital contribution, and joint ventures from the central budget according to the law.

b) Submitting decisions on assigning revenue and expenditure tasks to each ministry, ministerial-level agency, government agency, and other central agencies, and the ratio of revenue distribution and additional funding from the central budget for each province and centrally-administered city according to the State Budget Law.

c) Submitting decisions or making decisions according to the Government's delegation to use the central budget reserve fund, the central financial reserve fund, and other financial reserve sources according to the law.

d) Submitting plans for using increased central budget revenues when such increases occur compared to the approved estimates and plans for reducing certain expenditures when revenues fall short of estimates; coordinating with the Ministry of Planning and Investment to submit plans for using increased revenues for development investment according to the law.

đ) Auditing the final accounts of revenue and expenditure of ministries, ministerial-level agencies, government agencies, and other central agencies; auditing the final accounts of local budgets.

e) Leading and coordinating with ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees in establishing allocation standards and regulations, standards, and quotas for budget expenditures to be submitted to the Government and the Prime Minister for promulgation or promulgation according to the Government's delegation for uniform implementation nationwide.

g) Guiding requirements, contents, and deadlines for preparing the state budget estimate; notifying inspection figures for total amounts and individual revenue and expenditure sectors for ministries, ministerial-level agencies, government agencies, and other central agencies, and total revenue and expenditure figures and important expenditure sectors for each province and centrally-administered city.

h) Implementing the state budget and managing the central budget according to authority; monitoring and urging the implementation of budget estimates at all levels.

i) Inspecting the allocation of budget estimates assigned to ministries, ministerial-level agencies, government agencies, and other central agencies; guiding the management and operation of the budget by ministries, sectors, and localities; directing and inspecting the performance of revenue and expenditure tasks by ministries, ministerial-level agencies, government agencies, and other central agencies and localities.

k) Organizing and directing the accounting and final accounts of the state budget and regularly reporting on the implementation of revenue and expenditure estimates according to the law.

l) Expenditure in advance for important and urgent tasks determined in the next year's budget but must be implemented immediately, not included in the budget estimate, and not covered by the contingency reserve; coordinating with the Ministry of Planning and Investment to submit requests to the Prime Minister for advance expenditure for national projects and basic construction projects in Group A that meet the conditions for implementation according to the investment and construction management regulations, currently underway, and requiring accelerated progress.

m) Being responsible for recovering advance expenditures from the central budget estimate.

6. On management of tax collection, fee collection, charge collection, and other revenues of the state budget:

a) Uniformly managing and being responsible for directing and inspecting the implementation of tax, fee, charge collection, and other state budget revenue collection work according to the law by tax authorities, customs, and other agencies entrusted by the state with the task of collecting fees, charges, or other state budget revenues.

b) Submit to the Prime Minister for handling or handle within their authority matters concerning tax exemptions, reductions, refunds, additional tax collection, and penalties for tax violations as prescribed by law; issues arising during the implementation of bilateral or multilateral tax agreements;

c) Issue regulations on procedures and business processes for collecting, paying taxes, fees, and other state budget revenues in accordance with the provisions of the law; provide guidance on calculating taxes, paying taxes, issuing tax collection orders, and other related business processes;

d) Inspect, audit, and supervise all sources of state budget revenue, compliance with state regulations on collecting and paying state budget revenues, and handle violations according to the provisions of the law;

7. Regarding management of the state budget fund, national reserve fund, and other state financial funds:

a) Uniformly manage, direct, inspect, and be responsible for the state budget fund managed at the State Treasury; manage the national reserve fund and other state funds in accordance with the provisions of the law;

b) Organize the implementation of state budget expenditures in accordance with the assigned budget estimates and meet the conditions stipulated by the State Budget Law;

c) Implement control, payment, disbursement, and settlement of state budget expenditures through the State Treasury system in accordance with the provisions;

d) Provide guidance on business processes for collecting, paying, disbursing, settling state budget funds; handle within their authority violations concerning the management of state budget funds, national reserve funds, and other state financial funds;

đ) Issue regulations on financial management systems for state financial funds; guide, inspect, and supervise activities of collecting and spending state financial funds, and handle within their authority violations concerning the financial systems of state financial funds;

e) Inspect the management and use of the national issue reserve fund, foreign currency reserve fund, and foreign exchange reserve fund;

g) Manage the accumulated debt repayment fund; manage the centralized foreign currency fund of the state according to the division of labor by the Government;

8. On national reserve management:

a) Coordinate with the Ministry of Planning and Investment to prepare budget estimates and plans for allocating additional national reserve capital from the central budget to ministries and sectors designated to manage the national reserve. Organize direction, inspection of the implementation, and bear responsibility before the Government for managing the national reserve;

b) Issue regulations on financial management systems, price frameworks, fees for purchasing materials and goods for the national reserve, preservation procedures, and preservation periods for national reserve items; guide, monitor, and inspect the implementation of regulations on managing, preserving, purchasing, selling, exporting, importing, exchanging, and quality of national reserve materials and goods managed by relevant ministries, agencies, and state-owned enterprises according to the law;

c) Directly organize and manage certain national reserve items as prescribed by the Government;

9. Regarding state asset management:

a) Submit to the Government and the Prime Minister for the establishment of principles for managing public asset procurement in state agencies and units;

b) Submit to the Prime Minister for the establishment of standards and usage quotas for assets in state agencies and units;

c) Submit to the Prime Minister for decision-making or make decisions within their authority regarding the procurement, transfer, auction, liquidation, and ownership conversion of state assets according to the law;

d) Guide, supervise, and inspect the implementation of state regulations on public asset procurement, use, and management; compile nationwide asset management situations according to the Government's regulations;

đ) Uniformly organize the management of state assets not yet assigned to organizations or individuals for management and use;

10. On enterprise finance and state capital management in enterprises:

a) Submit to the Government and the Prime Minister for the issuance of regulations on enterprise financial management systems and financial supervision mechanisms for various types of enterprises under all economic components; guide and inspect the uniform implementation nationwide;

b) Take the lead or participate in reviewing state capital investment and financial support for enterprises and monitor the implementation of state investments in enterprises after approval by competent authorities;

c) Monitor, evaluate, and consolidate the situation of state capital preservation and development in enterprises nationwide; take the lead and coordinate in implementing supervisory and evaluation regulations on enterprise operations according to the Government's regulations;

d) Serve as the focal point for compiling information on the implementation of state ownership rights over enterprise shares according to the law; handle within their authority issues concerning state capital in enterprises according to the Government's classification; perform tasks and rights of state ownership representation over enterprise shares under the management of the Ministry according to the law;

11. Regarding domestic and foreign government borrowing and repayment management and international aid sources:

a) Submit to the Government and the Prime Minister for strategies and plans on domestic and foreign borrowing by the Government consistent with the national socio-economic development strategy and national financial policy for each period;

b) Submit to the Government and the Prime Minister for policies and systems on managing domestic and foreign borrowing and repayment by the Government; implement guarantees and issue government guarantees for enterprises (excluding credit institutions) to borrow abroad according to the law;

c) Uniformly manage the state on domestic and foreign borrowing and repayment by the Government; manage finances for foreign loans by the Government including Official Development Assistance (ODA), government commercial loans, and issuance of government bonds abroad;

d) Represent the "Borrower" side of the Government and the Socialist Republic of Vietnam; organize negotiations and signing of foreign loan agreements for the Government according to the division of labor by the Government and the Prime Minister.; cooperate with the Ministry of Planning and Investment to balance and allocate state budget funds for counterpart financing; allocate loans or designate credit institutions or state financial organizations to refinance programs and projects according to approved lists; guide and supervise the disbursement process and management of foreign government debt.

d) Take the lead and cooperate with the Ministry of Planning and Investment to develop plans for allocating state budget funds for repaying foreign debts.

e) Aggregate and periodically report to the Prime Minister on the situation of borrowing, using borrowed funds, and repaying foreign debts of the Government and the country as prescribed by law.

g) Uniformly manage international aid sources; organize the receipt, distribution, and financial management of international aid sources as prescribed by the Government.

12. Regarding accounting and auditing:

a) Submit to the Government or the Prime Minister for promulgation or promulgate within their authority accounting, auditing systems, reporting, and financial disclosure regulations to be uniformly implemented nationwide.

ub) Issue regulations on principles, standards, and professional methods of accounting and auditing; auditing and accounting officer standards; standards and conditions for establishing independent accounting and auditing service enterprises.

c) Guide, inspect, and supervise the implementation of state regulations on accounting and auditing. Uniformly manage the registration of enterprise accounting systems. Provide final opinions on disagreements and disputes regarding independent audit results.

13. Regarding financial management of banks, non-bank financial organizations, and financial services:

a) Submit to the Government or the Prime Minister for approval of strategies for developing insurance, lottery, betting, and prize-winning entertainment businesses.

b) Manage, inspect, and supervise the implementation of state regulations on insurance, lottery, betting, and prize-winning entertainment business activities.

Issue and revoke licenses for businesses engaged in insurance, lottery, betting, and prize-winning entertainment activities in accordance with the provisions of the law.

c) State management of finance for the operations of the State Bank, commercial banks, policy banks, credit institutions, and state financial organizations as prescribed by law.

d) Guide, inspect, and supervise the finances of organizations providing financial services, accounting, auditing, tax advisory services, non-bank financial organizations, organizations engaged in securities trading and business activities.

14. Regarding customs:

a) Submit to the Government for detailed regulations on customs procedures, customs inspection and supervision, conditions for registering and operating customs agents, responsibilities of state agencies at border gates, activities of bonded warehouses, duty-free warehouses, post-clearance inspections.

b) Issue, within their authority, guiding documents to direct the implementation of customs inspection and supervision procedures, post-clearance inspections, anti-smuggling measures, and customs statistics as prescribed by law.

Organize, guide, direct, inspect, and bear responsibility for the implementation of customs tasks according to the Customs Law and other laws; inspect and handle, within their authority, violations of customs laws.

15. Regarding pricing:

a) Submit to the Government or the Prime Minister for regulations on price control for monopolies; principles and methods for determining prices, price ranges for various types of land; decide on prices for certain important goods and services as prescribed by law.

b) Review pricing schemes developed by ministries, sectors, state-owned enterprises for certain important goods and services, product prices ordered or subsidized by the state to submit to the Government or the Prime Minister for decision.

c) Specify standards for pricing appraisers and conditions for pricing appraisal service activities; uniformly manage pricing appraisal activities as prescribed by law.

d) Guide, inspect, and supervise the implementation of state regulations on price management.

16. Issue treasury bills, government bonds, and participate in managing the securities market as prescribed by law.

17. Organize and direct the implementation of statistical work in areas under the Ministry's state management.

18. Regarding international cooperation:

a) Implement international cooperation and integration in areas under the Ministry's state management as prescribed by law.

b) Develop proposals and organize negotiations on bilateral and multilateral agreements on taxes (import-export duties, double taxation avoidance), financial services, accounting, customs, and other financial fields.

c) Negotiate and sign international financial treaties on behalf of the State President or the Prime Minister; represent Vietnam at international financial forums as assigned by the Government.

19. Organize and direct the implementation of research science plans, application of scientific and technological progress in areas under the Ministry's management as prescribed by law.

20. Decide specific policies and measures and direct the implementation of operational mechanisms for public service organizations in areas under the Ministry's management as prescribed by law; manage and direct the activities of affiliated organizations under the Ministry.

21. State management over the activities of associations and non-governmental organizations in areas under the Ministry's management as prescribed by law.

22. Inspect, investigate, resolve complaints and denunciations, combat corruption and malpractice, and handle or recommend competent authorities to handle violations of financial and budgetary management systems and other areas under the Ministry's management as prescribed by law.

23. Regarding administrative reform:

a) Submit to the Government a program for reforming the financial management mechanism serving the national administrative reform program for each period.

b) Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the national administrative reform program approved by the Prime Minister.

24. Manage organizational structure and staffing; direct the implementation of salary systems and incentive policies, rewards, and disciplinary measures for state civil servants and officials under the Ministry's jurisdiction; provide professional training and development for cadres, civil servants, and officials within the entire sector under the Ministry's jurisdiction.

25. Manage financial resources and assets assigned, and organize the execution of allocated budgets in accordance with the provisions of the law.

Article 3. Organizational Structure

a) Organizations assisting the Minister in performing state management functions:

1. Department of State Budget;

2. Department of Investment;

3. Department I (party budget, security, defense, special...);

4. Department of Administrative and Public Financial Management;

5. Department of Tax Policy;

6. Department of Banking and Financial Organization Finance;

7. Department of Insurance;

8. Department of Accounting System and Audit;

9. Department of Foreign Financial Affairs;

10. International Cooperation Department;

11. Legal Department;

12. Cadre and Civil Servant Organization Department;

13. Administrative Finance Department;

14. Office (with representation in Ho Chi Minh City);

15. Inspectorate;

16. Price Control Administration;

17. Information Technology and Financial Statistics Administration;

18. State Asset Management Administration;

19. Corporate Finance Administration;

20. National Reserve Administration;

General Department of Taxation;

General Department of Customs;

State Treasury;

b) Scientific and Technological Organizations under the Ministry:

1. Finance Academy;

2. Finance Magazine;

3. Vietnam Financial Times;

The Prime Minister shall stipulate the functions, tasks, powers, and organizational structure of the General Department of Taxation, State Treasury, and National Reserve Administration.

The State Budget Department, Investment Department, Administrative and Public Financial Management Department, Banking and Financial Organization Finance Department, Foreign Financial Affairs Department, Tax Policy Department, International Cooperation Department, Cadre and Civil Servant Organization Department, Administrative Finance Department, and Office shall be organized into divisions, as decided by the Minister of Finance after consultation with the Minister of Home Affairs.

Other public service organizations under the Ministry of Finance shall be established by the Minister of Finance in accordance with the provisions of the law.

Article 4. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette, replacing Decree No. 178/CP dated October 28, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Finance, Decree No. 01/CP dated January 5, 1993 of the Government on the tasks, powers, and organizational structure of the Government Price Control Board, Decree No. 66/CP dated October 18, 1995 on the functions, tasks, powers, and organizational structure of the National Reserve Administration, and any previous regulations that conflict with this Decree.

Article 5. Responsibility for Implementation

The Minister of Finance, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial and municipal people's committees directly under the central government are responsible for implementing this Decree./.