THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 14/2023/ND-CP | | Hanoi, April 20, 2023 |
DECREE
Defining the functions, tasks, powers and organizational structure of the Ministry of Finance[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);
At the proposal of the Minister of Finance;
The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Finance.
Article 1. Position and functions
The Ministry of Finance is a governmental agency, which shall perform the state management of finance-budget (including the state budget, the state budget fund, public debt, taxes, charges, fees and other state budget revenues, state reserves, state financial funds, financial investment, corporate finance, finance of cooperatives and collective economy, and public property in accordance with law); customs; accountancy; independent audit; prices; securities; insurance; financial and other service activities under the Ministry’s state management; and act as a representative of the owner of state capital amounts at enterprises under the Ministry in accordance with law.
Article 2. Tasks and powers
The Ministry of Finance shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:
1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft decrees of the Government under the Ministry’s approved annual lawmaking programs and plans, and projects and schemes as assigned by the Government or Prime Minister.
2. To submit to the Government or Prime Minister medium-term, long-term and annual development strategies, master plans and plans in the fields under the Ministry’s state management; and drafts of decisions, directives and other documents of the Prime Minister in accordance with law.
3. To promulgate circulars, decisions, directives and other documents under the Ministry’s state management.
4. To direct, guide, inspect and organize the implementation of legal documents, policies, strategies, master plans and plans after they are promulgated or approved, and other legal documents under the Ministry’s state management; to inform, disseminate and educate about the laws in the fields under the Ministry’s state management.
5. Regarding the state budget management:
a/ To summarize, formulate and submit to the Government national 5-year financial plans, national 3-year financial-budgetary plans, annual state budget estimates and central-budget fund allocation plans in accordance with the Law on the State Budget; to adjust national 5-year financial plans, national 3-year financial-budgetary plans, state budget estimates and central-budget fund allocation plans in case of necessity; to assume the prime responsibility for considering and proposing the total annual funds for recurrent expenditures for national target programs in the course of formulation and submission of such programs to competent authorities; to balance and allocate funds for annual recurrent expenditures for implementation after the programs are approved; to assume the prime responsibility for considering and summarizing estimates of development investment expenditures not regulated by the Law on Public Investment in accordance with the Law on the State Budget, relevant legal documents and approval of competent authorities; to coordinate with the Ministry of Planning and Investment in summarizing national medium-term and annual public investment plans in accordance with law;
b/ To formulate and submit to the Government plans on additional estimates of the increased state budget revenues, plans on the allocation and use of the increased revenues and saving of expenditures of the central budget, and plans on adjustment of state budget estimates in accordance with regulations;
c/ To formulate and submit to the Prime Minister draft decisions on assignment of budget collection and spending tasks to every ministry, ministerial-level agency, government-attached agency and central agency, collection and spending tasks, the percentages (%) of division of revenues subject to division and levels of additional funds from the central budget for every province or centrally run city in accordance with the Law on the State Budget;
d/ To decide according to competence or submit to the Prime Minister for decision the use of central budget reserves and the use of the central financial reserve fund and other financial reserve sources in accordance with law;
dd/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees in, formulating and submitting to the Government or Prime Minister for the latter to provide for, or provide according to competence the allocation quotas and budget expenditure regimes, norms and quotas in accordance with the law on the state budget;
e/ To provide guidance on the requirements on, contents of, and time limit for, the formulation of 5-year financial plans, 3-year financial-state budget plans and annual state budget estimates; to notify the amounts of budget revenue estimates, total amounts and amount for every sector covered by the budget’s recurrent expenditures to ministries, government-attached agencies and other central agencies; recurrent expenditure estimates for national target programs to national target program-managing bodies; total budget revenues in localities and estimates of local budget expenditures to every province and centrally run city;
g/ To organize the implementation of state budget estimates and administer the central budget according to competence; to monitor and urge the implementation of budget estimates at all levels;
h/ To inspect the allocation of assigned budget estimates of ministries, ministerial-level agencies, government-attached agencies and other central agencies; to guide the budget management and administration by ministries, sectors and localities; to direct and inspect the performance of budget collection and spending tasks by ministries, ministerial-level agencies, government-attached agencies, other central agencies and localities;
i/ To organize and direct the accounting and account-finalization of state budget funds and periodically report on implementation of budget revenue and expenditure estimates in accordance with law;
k/ To appraise and summarize the final accounts of budgets of ministries, ministerial-level agencies, government-attached agencies and other central agencies; to summarize the final accounts of local budgets under the Law on the State Budget; to summarize and submit to the Government for submission to the National Assembly for approval the final accounts of the state budget;
l/ To make advances from central budget funds according to competence or under decisions of competent authorities in accordance with the Law on the State Budget and guiding documents;
m/ To recover advanced amounts from central budget funds;
n/ To assume the prime responsibility for reporting to the Government on the disbursement and account-finalization for public investment plans, programs and projects; to submit to competent authorities for promulgation or promulgate according to competence regulations on management, payment and account-finalization for projects using public investment funds;
o/ To formulate state financial reports nationwide and report them to competent state agencies in accordance with law;
p/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, formulating and submitting to the Government for decision financial policies and solutions within the scope of assigned tasks in order to control and combat inflation or deflation in the economy.
6. Regarding the management of taxes, charges, fees and other state budget revenues:
a/ To uniformly manage, direct and inspect the collection of taxes, charges, fees and other state budget revenues in accordance with law for tax, customs and other agencies assigned by the State to collect charges, fees or other state budget revenues;
b/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and submitting to competent authorities for promulgation, and guide and inspect the implementation of, legal documents on taxes, charges, fees, land use levy, land and water surface rental, money from lease and sale of state-owned houses, registration fee and other state budget revenues in accordance with law;
c/ To decide according to competence or propose the Prime Minister to decide on exemption, reduction, refund, retrospective collection and write-off of taxes, fines and other state budget revenues, or the annulment of other sanctioning forms against tax-related violations in accordance with law and matters arising in the course of implementation of bilateral or multilateral tax treaties;
d/ To promulgate regulations on procedures and professional processes of collection and payment of taxes, charges, fees and other state budget revenues in accordance with law; to provide guidance on professional operations of tax declaration, calculation and payment, and issuance of tax collection orders, and other relevant professional operations;
dd/ To examine and control sources of state budget revenues and the observance of the law on state budget collection and payment, and handle according to competence violations of the law on taxes, charges, fees and other state budget revenues in accordance with law;
e/ To assess the conformity of policies on taxes, charges, fees and other state budget revenues with the current mechanisms and policies and the socio- economic situation in each period for making timely adjustment, amendment and supplementation according to competence or propose competent agencies to do so.
7. Regarding the management of budget funds, state reserve funds and non-budget state financial funds and the management of the state budget fund:
a/ To uniformly manage, direct, inspect, and take responsibility for the budget funds and the state budget fund at the State Treasury; to manage the state reserve fund and non-budget state financial funds in accordance with law;
b/ To organize the implementation of state budget expenditures strictly according to assigned estimates and the law-prescribed conditions in accordance with the law on the state budget;
c/ To control, pay and account-finalize state budget expenditures via the State Treasury system in accordance with law;
d/ To provide guidance on professional operations of collection, payment, and reporting on revenues and expenditures, of the state budget fund; to handle according to competence violations of the law on management of the state budget fund, state reserve funds and non-budget state financial funds;
dd/ To promulgate regulations on the regime of financial management applicable to state financial funds; to guide, inspect and supervise collection and spending activities and handle according to competence violations of the law on the financial regime applicable to state financial funds;
e/ To inspect the operations of money printing, coinage and destruction, and inspect the management of foreign exchange reserves by the State Bank of Vietnam under the Government’s regulations.
8. Regarding the management of national reserves:
a/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, making and submitting to competent authorities the lists and detailed lists of national reserve commodities, total national reserve levels and national reserve plans;
b/ To promulgate national technical regulations and techno-economic norms on, and perform quality management of, national reserve commodities and standards on national reserve warehouses (except standards of national reserve warehouses of the Ministry of Public Security and Ministry of National Defense) in accordance with law;
c/ To promulgate regulations on financial management regime, maximum purchase prices, minimum sale prices, and damage compensation prices, of national reserve commodities, and levels of expenses for purchase, sale, input, output, preservation, insurance, relief, support and aid for national reserve commodities in accordance with law;
d/ Based on the approved state budget estimates and national reserve plans, to ensure financial sources for national reserve activities of ministries and sectors managing national reserve commodities; to appraise and summarize the final accounts of budget expenditures for national reserves;
dd/ To carry out specialized examination and inspection of national reserves in accordance with law;
e/ To organize the implementation of regulations on management, restoration, input, output, purchase, sale, and alternative exchange, of national reserve commodities in accordance with law.
9. Regarding the management of public property:
a/ To perform the unified state management of public property in accordance with law; to assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating and submitting to competent authorities for promulgation legal documents on management, use and operation of public property in accordance with law, and compulsory purchase and requisition of property;
b/ To assume the prime responsibility for the formulation of, and promulgate according to competence or summit to the Government or Prime Minister for promulgation, regulations on standards and norms for public property use;
c/ To decide according to competence or submit to the Prime Minister for decision the procurement, ownership establishment, delivery, operation, recovery, transfer, liquidation, sale or ownership transfer of public property in accordance with law;
d/ To announce the list of goods and services subject to national-level centralized procurement according to competence and the roadmap decided by the Prime Minister; to assume the prime responsibility for, and coordinate with related agencies in, guiding the implementation of centralized procurement in accordance with law;
dd/ To give opinions on the Scheme on the use of public property for the purpose of joint venture or association and the Scheme on operation of public property in accordance with the law on management and use of public property;
e/ To guide and inspect the implementation of regulations on management and use of public property in accordance with law; to summarize the situation of management and use of public property nationwide, and report it to the Government for submission to the National Assembly.
10. Regarding corporate finance, finance of collective economy and cooperatives and management of state capital at enterprises:
a/ To formulate and submit to the Government or Prime Minister for promulgation according to competence the regulations on management of corporate finance for enterprises of different types of all economic sectors; the mechanism on financial supervision for state enterprises and state-invested enterprises; financial mechanisms and policies for the ownership transfer and reorganization of state enterprises, conversion of public non-business units into enterprises, and equitization of public non-business units; financial mechanisms for the development of collective economy and cooperatives; mechanisms on management and supervision of state capital invested in enterprises; mechanisms for management and use of support for enterprises, collective economy organizations and cooperatives from the state budget and other funding sources of the State;
b/ To guide and examine the implementation of the State’s mechanisms and policies on corporate finance;
c/ To assume the prime responsibility for, or participate in, appraising the investment of the State’s capital and financial support in enterprises and monitor and supervise the State’s investment in enterprises after it is approved by competent authorities; to settle policies upon the reorganization of state enterprises in accordance with law;
d/ To supervise the investment of state capital in enterprises by the owner’s representative bodies in accordance with law;
dd/ To coordinate with the owner’s representative bodies in formulating and implementing the plans on supervision of enterprises; to carry out thematic supervision or supervision at the request of the Government or Prime Minister; to propose to the owner’s representative bodies the solutions on investment, management and use of state capital at enterprises;
e/ To supervise and monitor the management and use of capital and assets, carry out analysis and warn enterprises which show signs of financial insecurity, and evaluate the production and business efficiency of state enterprises, including state economic groups and corporations and state-invested enterprises in accordance with law;
g/ To exercise the rights and fulfill the responsibilities of the representative of the owner of state capital amounts at enterprises in accordance with law and as assigned or decentralized by the Government or Prime Minister;
h/ To summarize, analyze, evaluate, formulate and submit to the Prime Minister for decision plans on regulation of capital sources and funds of state economic groups and corporations; to handle according to competence matters related to state capital at enterprises as decentralized by the Government;
i/ To summarize and report to the Government on the production and business efficiency and the performance of the task of providing public services and products as assigned; on the investment in and use of state capital at enterprises nationwide; the restructuring, equitization of and divestment from enterprises nationwide; to specifically examine the financial statements of state economic groups and corporations when so requested by the Prime Minister;
k/ To summarize and propose solutions on investment, management and use of state capital at enterprises nationwide, and report thereon to the Government.
11. Regarding the management of domestic and foreign loan borrowing and payment of the Government, public debts, foreign debts of the nation, international aid sources for Vietnam and Vietnam’s loan and aid sources for foreign countries:
a/ To formulate and submit to the Government or Prime Minister for promulgation according to competence policies and regimes on the management of domestic and foreign loan borrowing and payment of the Government, public debts and foreign debts of the nation in accordance with law;
b/ To assume the prime responsibility for formulating and monitoring criteria for public debt safety, 5-year strategies and plans on borrowing and payment of public debts, 3-year programs on debt management and annual plans on public debt borrowing and payment of the Government, annual limits of loans borrowed for on-lending and the Government’s annual limits of guarantee for submission to competent authorities for approval;
c/ To assist the Government in performing the unified state management of public debt borrowing and payment to perform financial management of the Government’s foreign loans, including official development assistance (ODA) loans, concessional loans and commercial loans of the Government;
d/ To mobilize capital for the state budget and for development investment through the issuance of debt instruments, conclusion of domestic and foreign loan agreements and from other lawful financial sources;
dd/ To act as the lender’s representative of the Government for loans lent to foreign governments, and act as the borrower’s representative of the Vietnamese Government and State; to organize negotiations on, and conclusion of, framework agreements, treaties and agreements on borrowing of foreign loans of the Government as assigned by the Government or Prime Minister; to coordinate with the Ministry of Planning and Investment in submitting to competent authorities for approval the proposals of projects using ODA loans or concessional loans of foreign donors; to participate in appraising according to competence investment policy for programs and projects using ODA loans or foreign concessional loans; to assume the prime responsibility for determining the domestic financial mechanism applicable to projects using foreign loans; to on-lend loans for programs and projects approved by competent agencies; to guide, examine and supervise the capital disbursement and financial management for foreign loans and aid of the Government;
e/ To assume the prime responsibility for formulating plans on arrangement of state budget funds for foreign debt payment; to coordinate with the Ministry of Planning and Investment in summarizing and formulating plans on disbursement of ODA loans and concessional loans, and annual plans on the state budget’s counterpart funds for ODA-funded programs and projects;
g/ To issue and manage the Government guarantee for enterprises and policy banks in accordance with law;
h/ To guide and organize the payment of debts from the state budget with regard to the Government’s loans, and performance of the guarantor’s obligations; to manage the Debt Payment Accumulation Fund;
i/ To uniformly perform the state finance management of foreign aid sources for Vietnam and Vietnam’s loan and aid sources for foreign countries; to perform state finance management of foreign aid sources according to the Government’s regulations;
k/ To act as the focal point for summarization and announcement of information on debt norms and public debt figures in accordance with the law on public debt management.
12. Regarding accountancy and audit:
a/ To formulate and submit to competent authorities for promulgation development strategies and policies on accounting and audit activities, regulations on accounting and audit (including independent audit and internal audit), and the regime of finance-budget reporting and publicity;
b/ To promulgate regulations on accounting and audit principles, standards, professional methods and operations;
c/ To submit to competent authorities for promulgation criteria and conditions on accountants, chief accountants, auditors, certified public accountants; and criteria and conditions for establishment of accounting or independent audit service enterprises;
d/ To grant, re-grant, modify or revoke certificates of eligibility for provision of accounting and independent audit services, and certificates of accounting and independent audit practice registration; to suspend the accounting and independent audit practice and suspend the provision of accounting and independent audit services in accordance with law;
dd/ To guide, inspect and supervise the implementation of the laws on accounting, audit, and provision of accounting and independent audit services; and accounting and independent audit practice, and handle violations in the implementation of the laws on accounting, audit, and accounting and independent audit practice; to give opinions on divergence and disputes relating to accounting and independent audit.
13. State management of securities and the securities market:
a/ To formulate and submit to the Government for promulgation policies on development of the securities market;
b/ To develop, and submit to the Prime Minister for decision the establishment, dissolution, operation model, ownership forms, functions, rights and obligations of the Vietnam Exchange and the establishment of subsidiaries of the Vietnam Exchange and the Vietnam Securities Depository and Clearing Corporation;
c/ To grant, re-grant, extend, modify and revoke licenses and securities practice certificates and written certifications related to securities and securities market activities; to approve changes, suspension and cancellation related to securities and securities market activities in accordance with law;
d/ To manage, supervise, inspect and examine securities and securities market activities; to manage securities and securities market service activities in accordance with law;
dd/ To assume the prime responsibility for, and coordinate with related agencies in, applying measures to ensure security and safety of the securities market.
14. State management of insurance:
a/ To formulate and submit to the Government for promulgation legal documents on insurance business; to formulate strategies, plans and policies on development of the insurance market;
b/ To grant, modify or revoke establishment and operation licenses and suspend operation of insurance enterprises, reinsurance enterprises, Vietnam-based branches of foreign non-life insurance enterprises, insurance brokerage enterprises, and mutual insurance organizations; to license, and manage the operation of, Vietnam-based representative offices of foreign insurance enterprises and foreign insurance brokerage enterprises;
c/ To examine and supervise activities of insurance enterprises, Vietnam-based branches of foreign non-life insurance enterprises, insurance brokerage enterprises and related organizations and individuals;
d/ To assume the prime responsibility for, and coordinate with related agencies in, applying necessary measures to ensure the lawful operation of the insurance market;
dd/ To manage the use of the Fund for Protection of the Insured;
e/ To organize information arrangement and storage; to build databases and give forecasts about the insurance market.
15. Regarding the financial management of financial institutions and financial services:
a/ To formulate and submit to the Government or Prime Minister for promulgation policies on mobilization of capital of the Government, local authorities and enterprises under the Ministry’s state management in accordance with law; to formulate mechanisms and policies for, and grant, re-grant, modify, extend or revoke business eligibility certificates of, credit rating agencies, enterprises managing voluntary supplemental pension funds, and financial intermediaries operating in the financial market under the Ministry’s state management in accordance with law;
b/ To formulate and submit strategies to competent authorities and promulgate mechanisms, policies and organizational models of lottery, betting, casino and video game business activities in accordance with law;
c/ To promulgate, and guide the implementation of, legal documents on lottery, betting, casino and video game business;
d/ To examine, supervise, and handle violations in, the implementation of laws on lottery, betting, casino and video game business activities; to grant, re-grant, modify, extend or revoke certificates of eligibility for lottery, betting, casino or video game business in accordance with current law;
dd/ To formulate and submit to the Government for promulgation policies on investment credit and policy credit of the State in accordance with law;
e/ To guide the implementation of the financial mechanism applicable to the State Bank of Vietnam, state-run commercial banks, Vietnam Bank for Social Policies, Vietnam Development Bank, Deposit Insurance of Vietnam, Vietnam Asset Management Company, Vietnam Social Security and non-budget state financial funds in accordance with law;
g/ To guide, examine and supervise organizations providing financial, tax consultancy, price appraisal and other services under the Ministry’s state management in accordance with law.
16. Regarding customs:
a/ To formulate and submit to the Government or Prime Minister for promulgation specific regulations on customs procedures, customs inspection and supervision, prevention and combat of smuggling and illegal cross-border goods transportation;
b/ To promulgate according to competence documents guiding and directing the implementation of professional operations of customs inspection and supervision; to organize the implementation of laws on taxes for imported and exported goods; to prevent and combat smuggling and compile customs statistics in accordance with law;
c/ To organize, guide, direct, inspect, and take responsibility for, the performance of tasks of the customs sector in accordance with the Customs Law and other relevant laws; to carry out inspection and handle according to competence violations of the customs law.
17. Regarding price:
a/ To formulate and submit to the Government or Prime Minister for approval, and organize the implementation of, annual, 5-year and 10-year price administration orientations; and strategies and plans on development of the price appraisal occupation in Vietnam;
b/ To formulate and submit to the Government for promulgation regulations on price management decentralization, mechanisms on management of the prices of goods and services subject to the State’s pricing; to assume the prime responsibility for, and coordinate with other ministries, sectors and provincial-level People’s Committees in, examining constituents of the prices of goods and services according to competence in accordance with law;
c/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, formulating and submitting to competent authorities for decision the prices of goods and services on the lists of goods and services subject to the State’s pricing; to define general methods of pricing goods and services for ministries, sectors, localities and production and business organizations to draw up price plans and for use as a basis for appraisal of price plans and examination of price constituents; to coordinate with other ministries and sectors in guiding the methods of pricing goods and services with prices to be decided by ministries or sectors;
d/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and submitting to competent authorities the adjustment of lists of goods and services subject to price valorization; lists of commodities eligible for establishment of price valorization funds, and lists of goods and services subject to price declaration;
dd/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and submitting to the Government for decision the price valorization policy and measures; to guide and organize the implementation of price valorization measures in accordance with law;
e/ To appraise price plans formulated by ministries, agencies and state enterprises and submit them to the Government or Prime Minister for decision; to monitor, supervise, and coordinate with ministries and sectors in, the pricing of goods and services with prices to be set by ministries and sectors; to examine and appraise land prices according to the law on price; to direct and guide the implementation of price-related policies and measures and decisions on prices of assets, goods or services, which are promulgated or approved by the Government or Prime Minister;
g/ To decide according to competence prices of assets, goods and services on the lists of goods and services subject to the State’s pricing; to guide the decision on specific prices of goods and services after competent state agencies provide the minimum prices, maximum prices and price frames in accordance with law;
h/ To guide the organization of price negotiations. To organize price negotiations in accordance with law;
i/ To submit to competent authorities the criteria on price appraisers;
k/ To grant or revoke certificates of eligibility for provision of price appraisal services, and suspend the provision of price appraisal services; to perform the state management of price appraisal in accordance with law;
l/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, specifying the lists of goods and services subject to price registration and declaration; to guide the price registration and declaration process, procedures and dossiers according to competence in accordance with law, and supervise the implementation thereof;
m/ To guide, examine and control the implementation of the law on price management and appraisal;
n/ To appraise the values of the State’s assets as assigned by the Government or Prime Minister.
18. To organize and direct the application of information technology, digital transformation and statistical work in the fields under the Ministry’s state management.
19. Regarding international cooperation:
a/ To carry out international cooperation in the fields under the Ministry’s state management in accordance with law;
b/ To draw up plans and organize negotiations on and implementation of contents of tax, financial, accounting, audit and customs services and other financial areas in treaties and international agreements as decided by the President, Government and Prime Minister;
c/ To organize the conclusion and implementation of treaties and international agreements on finance as decided by the President, Government and Prime Minister;
d/ To represent the Vietnamese Government at bilateral or multilateral financial forums as assigned by the Government.
20. To organize and direct the implementation of plans on scientific research, application of scientific advances and management technologies in the fields under the Ministry’s management in accordance with law.
21. To decide on guidelines and specific measures and direct the implementation of mechanisms on operation of public service organizations in the fields under the Ministry’s management in accordance with law; to manage, and direct the operation of, non-business organizations under the Ministry.
22. To perform the state management of activities of associations and non-governmental organizations in the fields under the Ministry’s management in accordance with law.
23. To carry out inspection and examination and settle complaints and denunciations; to prevent and combat corruption; to practice thrift and combat waste in the management and use of assigned assets and funds; to inspect and monitor the enforcement of financial laws in accordance with law; to handle according to competence or propose competent authorities to handle violations of the laws on finance and budget management and in other fields under the Ministry’s management in accordance with law.
24. Regarding administrative reform:
a/ To formulate and submit to the Government for promulgation programs on renewal of mechanisms on public finance management to serve the state administrative reform program in each period;
b/ To decide and direct the implementation of the Ministry’s administrative reform program according to the objectives and contents of the state administrative reform program approved by the Prime Minister.
25. To manage the organizational apparatus and civil servant payroll; working positions, rank-based structure of civil servants, professional title-based structure of public employees, and the number of employees in public non-business units; to decide on the rotation, transfer, appointment, relief from duty, dismissal, commendation and disciplining; regimes and policies; training and further training of cadres, civil servants and public employees under the Ministry’s management in accordance with law.
26. To manage and organize the financial work, state assets, development investment and construction in the entire financial sector under the Ministry’s management in accordance with law.
27. To perform other tasks and exercise other powers as assigned by the Government or Prime Minister and in accordance with law.
Article 3. Organizational structure
1. Department of State Budget.
2. Department of Investment.
3. Department of Finance for National Defense and Security.
4. Department of Public Expenditure.
5. Department of Banking and Financial Institutions.
6. Department of International Cooperation.
7. Legal Department.
8. Department of Personnel and Training.
9. Department of Finance Inspectorate.
10. Ministerial Office.
11. Department of Tax Policies, Fee and Charges Supervision.
12. Department of Public Asset Management.
13. Department of Debt Management and External Finance.
14. Insurance Supervisory Authority.
15. Department of Accounting and Auditing Regulations.
16. Department of Price Management.
17. Department of Financial Informatics and Statistics.
18. Department of Corporate Finance.
19. Department of Financial Planning.
20. General Department of Taxation.
21. General Department of Customs.
22. General Department of National Reserves.
23. State Treasury.
24. State Securities Commission.
25. National Institute for Finance.
26. Vietnam Financial Times.
27. Financial Magazine.
28. Institute of Financial Training.
The organizations defined in Clauses 1 thru 24 are administrative organizations assisting the Minister in performing the state management function; and the organizations defined in Clauses 25 thru 28 are non-business organizations serving the Ministry’s state management.
The Department of State Budget may be organized into 4 divisions; the Department of Public Expenditure, 4 divisions; the Department of Investment, 4 divisions; the Department of Banking and Financial Institutions, 4 divisions; the Legal Department, 5 divisions; the Department of Personnel and Training, 7 divisions; and the Department of International Cooperation, 4 divisions.
The Minister of Finance shall submit to the Prime Minister for promulgation the decisions defining the functions, tasks, powers and organizational structures of the General Department of Taxation, General Department of Customs, General Department of National Reserves, State Treasury, and State Securities Commission, and the list of other non-business organizations of the Ministry.
Article 4. Transitional provision
The Department of Tax Policy shall continue to perform its functions and tasks under current regulations until the Minister of Finance promulgates a decision defining the functions, tasks, powers and organizational structure of the Department of Tax Policies, Fees and Charges Supervision.
Article 5. Effect
1. This Decree takes effect on May 15, 2023.
2. This Decree replaces the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, power and organizational structure of the Ministry of Finance.
Article 6. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI
[1] Công Báo Nos 685-686 (30/4/2023)