Nghị định 215/2013/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tài chính

THE GOVERNMENT ---------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 215/2013/ND-CP	Hanoi, December 23, 2013

 

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCE

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

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial- level agencies;

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, performing the state management function of finance (including the state budget, taxes, charges, fees and other state budget revenues, national reserves, state assets, state financial funds, financial investment, corporate finance, cooperative finance and collective economy); customs; accountancy; independent audit; prices; securities; insurance; financial and other service activities within its state management scope; acts as a representative of the owner of state capital at enterprises as prescribed by law.

Article 2. Tasks and powers

The Ministry of Finance shall perform the tasks and exercise the powers defined in the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; draft decrees of the Government under its approved annual law-making programs and plans and projects and schemes as assigned by the Government and the Prime Minister.

2. To submit to the Prime Minister the long-term, medium-term and annual development strategies, master plans, plans on the fields under the Ministry’s state management; draft decisions, directives and other documents of the Prime Minister as prescribed by law.

3. To promulgate decisions, directives and circulars within the scope of its state management.

4. To direct, guide, inspect and organize the implementation of legal normative documents, policies, strategies, master plans and plans after they are promulgated or approved and other legal documents within the scope of its state management; to inform, disseminate and educate about the laws on the fields under its state management.

5. Regarding the state budget management:

a) To summarize, formulate and submit to the Government annual state budget estimates and central budget allocation schemes, and adjusted state budget estimates in case of necessity; to coordinate with the Ministry of Planning and Investment in elaborating development investment estimates, schemes on allocation of capital-construction investment expenditures, state credit support expenditures, joint- stock and partnership capital contribution expenditures of the central budget as prescribed by law;

b) To draw up and submit to the Government schemes on using the increase of central-budget revenues, if the revenue increases arise in comparison with the estimates already decided by the National Assembly, and plans on adjustment and reduction of a number of expenditures, if revenues fail to reach the estimates; to coordinate with the Ministry of Planning and Investment in elaborating schemes on the spending of revenue increases on development investment as prescribed by law;

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 and other central agencies, collection and spending tasks, the allocated percentages of allocated revenues and levels of central budget addition for every province or centrally run city in accordance with the Law on the State Budget;

d) To decide under its competence or to submit to the Prime Minister for decision the use of central budget reserves, the use of central financial reserve funds and other financial reserve sources as prescribed by law;

e) To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees in, elaborating and submitting to the Government or the Prime Minister for prescription, or prescribe under its competence the allocation quotas and budget expenditure regimes, standards and quotas as prescribed by the law on the state budget;

f) To guide the requirements on, contents of, and time for, the formulation of state budget estimates; to notify the examination numbers on: regular expenditure estimates with regard to the total and every budget revenue and expenditure to ministries, ministerial-level agencies, government-attached agencies and other central agencies; regular expenditure estimates for national target programs to national target program-managing bodies; total budget revenues in localities and local budget expenditure balance estimates (regular expenditure details) to every province and centrally run city;

g) To organize the state budget implementation and administer the central budget under its 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 state budget accounting and settlement and periodically report on budget revenue and expenditure estimate implementation as prescribed by law;

k) To verify the budget revenue and expenditure settlement of ministries, ministerial- level agencies, government-attached agencies and other central agencies; to verify local budget settlement; to verify and approve the settlement of investment capital of projects decided on principle and investment permitted by the National Assembly and investment decided by the Prime Minister; to summarize and submit to the Government for submission to the National Assembly for approval the general state budget settlement;

l) To make central-budget advances under its competence or under decisions of competent authorities for important and urgent tasks which are identified as belonging to the following year’s estimates but must be immediately performed in the current year while they are not included in the estimates and the reserve sources cannot satisfy; to coordinate with the Ministry of Planning and Investment in submitting to the Prime Minister the advances for national projects or works and capital-construction works of group A, which meet the conditions prescribed by the law on investment and construction, are underway and need to be speeded up;

m) To recover central-budget advances;

n) To assume the prime responsibility for, and coordinate with relevant ministries and agencies in, elaborating and submitting to the Government for decision on financial policies and solutions within its assigned scope 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 as prescribed by law by the tax, customs and other agencies assigned by the task of collecting charges, fees or other state budget revenues;

b) To assume the prime responsibility for, and coordinate with relevant agencies in, elaborating and submitting to competent authorities for promulgation, and guide, inspect the implementation of, legal normative documents on taxes, charges, fees, land use levies, land and water surface rentals, money from lease or sale of state-owned houses, registration fees and other state budget revenues as prescribed by law;

c) To decide under its competence or propose the Prime Minister to decide on tax exemption, reduction, reimbursement, arrear collection and remission, fines or annulment of other sanctioning forms against tax-related law violations as prescribed by law and matters arising in the course of implementation of bilateral or multilateral treaties on taxes;

d) To promulgate regulations on procedures and professional process of tax, charge, fee and other state budget revenue collection and payment as prescribed by law; to provide professional guidance on tax declaration, calculation, payment, issuance of tax collection orders and other relevant professional operations;

e) To examine and control sources of state budget revenues, the observance of law on state budget collection and payment and to handle under its competence violations of law on taxes, charges, fees and other state budget revenues as prescribed by law;

f) To assess the conformity of tax, charge, fee and other state budget revenues with the prevailing mechanisms and policies and the socio-economic situation in each period for adjustment, amendment and supplementation under its competence or proposing to  competent agencies for timely adjustment, amendment and supplementation.

7. Regarding the management of budget, financial reserve funds and other financial funds of the State:

a) To uniformly manage, direct, inspect and take responsibility for the state budget funds which are managed at the State Treasury; to manage the state financial reserve fund and other financial funds of the State as prescribed by law;

b) To organize the state budget expenditures strictly according to the assigned estimates and being eligible in accordance with the law on state budget;

c) To control, pay and settle state budget expenditures through the State Treasury system as prescribed by law;

d) To provide professional guidance on collection, remittance, spending, payment and settlement of state budge funds; to handle under its competence violations of law on management of state budget funds, financial reserve funds and other financial funds of the State;

e) To promulgate regulations on the regimes of financial management of financial funds of the State; to guide, inspect and supervise collection and spending activities and handle under its competence violations of the law on the financial regime of state- run financial funds;

f) To inspect the operation of money printing, coinage and destruction, and inspect the management of state foreign exchange reserves by the State Bank of Vietnam under regulations of the Government.

8. Regarding the management of national reserves:

a) To assume the prime responsibility for, and coordinate with relevant ministries and agencies in, making and submitting to the Government the lists of reserve commodities, total national reserve levels and national reserve plans; to make estimates and plans on state budget allocation for annual national reserves  of ministries and sectors assigned to undertake the national reserves;

b) To assume the prime responsibility for, and coordinate with relevant ministries and agencies in, elaborating and promulgating national technical standards and techno- economic norms on, and quality management of, the national reserve commodities as prescribed by law;

c) To promulgate regulations on financial management regimes, purchase and sale prices of reserve commodities, expenses for national-reserve commodity purchase, sale, warehousing, delivery, preservation, relief and aid;

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 the national-reserve commodities; to appraise and summarize the settlement of budget expenditures on national reserves;

e) To guide, examine and inspect national-reserve activities of national reserve commodity-managing ministries and sectors under regulations;

f) To directly organize the management of national reserve commodities as prescribed by law.

9. Regarding the management of state assets:

a) To perform the unified management of state assets; to assume the prime responsibility for, and coordinate with other ministries, sectors and localities in, elaborating and submitting to competent authorities for promulgation of legal normative documents on management and use of state assets;

b) To assume the prime responsibility for the formulation of, and promulgate under competence or summit to the Prime Minister for promulgation of, regulations on criteria and norms for state asset use;

c) To decide under its competence or submit to the Prime Minister for decision on the procurement, recovery, transfer, liquidation, sale or ownership transfer of state assets as prescribed by law;

d) To define the regime of management and use of state assets at agencies, units and organizations according to law and the Government’s decentralization;

e) To appraise draft criteria, norms and regimes of management and use of specialized assets, which are elaborated by ministries or other central agencies, before promulgation thereof;

f) To guide and inspect the implementation of legal provisions on management and use of state assets; to review the situation of management and use of state assets nationwide, and report it to the Government for submission to the National Assembly.

10. Regarding corporate finance and the management of state capital at enterprises:

a) To formulate and submit to the Government or the Prime Minister for promulgation under jurisdiction of the regulations on corporate finance management, the mechanism for financial supervision of enterprises of different types of all economic sectors; financial mechanisms and policies for the ownership transfer, reorganization of state enterprises, transformation of public non-business units into enterprises, equitization of public non-business units; financial mechanisms for policy of cooperative and collective economy development; mechanisms on management and supervision of state capital invested in enterprises; mechanisms for management and use of sources of financial assistance to enterprises from the state budget and other fund sources of state;

b) To guide and inspect the implementation of mechanisms and state policies on corporate finance;

c) To assume the prime responsibility for, or participate in, appraising the investment of state capital in, and the financial supports of the State for enterprises, and monitor, supervise the State’s investment in enterprises after it is approved by competent authorities and apply policies upon the reorganization of state enterprises as prescribed by law;

d) To monitor and review the situation of management and use of state capital and assets and to analyze and assess the actual financial situation and production and business efficiency of state-owned enterprises, Groups and Corporations as prescribed by law;

e) To summarize, analyze, assess, formulate and submit to the Prime Minister for decision on plans on regulation of capital sources and funds of state-owned economic groups and corporations; to handle under its competence matters related to the state capital at enterprises as decentralized by the Government;

f) To review and report to the Government on production and business efficiency and the performance of assigned public tasks, on the financial status of state enterprises nationwide; to specifically examine the financial statements of state-owned economic groups when so requested by the Prime Minister;

g) To exercise the rights and fulfill the obligations of the representative of the owner of state capital at the State Capital Investment and Business Corporation, enterprises directly attached to the Ministry of Finance, other financial funds as prescribed by law;

h) To decide on the appointment, commendation and disciplining of financial controllers at state-owned economic groups as prescribed by law.

11. Regarding the management of domestic and foreign loans and payment of debts of the Government and public debts and foreign debts of the State and international aid sources:

a) To formulate and submit to the Government or the Prime Minister for promulgation of, according to competence, policies and regulations on managing domestic and foreign loans and payment of debts of the Government, public debts and foreign debts of the State as prescribed by law;

b) To assume the prime responsibility for formulating long-term strategies, objectives and orientations on mobilization and use of loans and management of public debts in every five-year period; programs on management of medium-term debts; systems of criteria for supervision of government debts, public debts, foreign debts of the State and the Government’s annual detailed plans on loans and debt payment to submit them to competent authorities for approval;

c) To assist the Government in performing the unified state management of loans and payment of debts of the Government, public debts, foreign loans and debt payment of the State; manage finance for the Government’s foreign loans, including official development assistance (ODA) loans, preferential loans and commercial loans of the Government and the issuance of Government bonds overseas; manage and supervise debt indicators (public debts, foreign debts of the State, debts of the Government, and debts of local administrations and enterprises);

d) To organize capital mobilization for the state budget and for development investment through the issuance of treasury stocks and government bonds at home and abroad and from other lawful financial sources;

e) To represent “the borrowing party” being the Vietnamese Government and State, excluding loans on which the State Bank of Vietnam is authorized to negotiate and conclude; to organize negotiations on, and conclusion of, treaties involving foreign loans of the Government as assigned by the Government or the Prime Minister; to coordinate with the Ministry of Planning and Investment in elaborating and submitting to the Prime Minister for approval lists of programs and projects to be allocated or fully or partially on-lent foreign loans of the Government; to organize the on-lending for programs and projects in the approved lists; to guide, inspect and control the process of capital disbursement and the management and use of foreign loans, debts of the Government;

f) To assume the prime responsibility for elaborating plans on arrangement of state budget capital for foreign debt payment; to coordinate with the Ministry of Planning and Investment in summarizing and making plans on disbursement of ODA capital, and annual plans on reciprocal capital from budget source for ODA programs and projects;

g) To issue and manage the Government guaranty for localities, enterprises and credit institutions to borrow capital under regulations; to guarantee the issue of work bonds and local-authority  bonds for mobilization of domestic capital;

h) To appraise and approve foreign loans of state-owned economic groups and one- member limited liability companies with 100% of charter capital held by the State as prescribed by law;

i) To guide and organize the payment of debts from the state budget with regard to loans of the Government, performing the guarantor’s obligations; to manage the debt payment accumulation fund;

k) To review and periodically report to the Prime Minister on the situation of loans, use of loans and payment of debts of the Government, public debts and foreign debts of the State as prescribed by law;

l) To perform the unified management of international aid sources; to organize the receipt, distribution and financial management of international aid sources according to the Government’s regulations;

m) To act as focal agency in summing up and disclosing information on debts of the Government, public debts and foreign debts of the State.

12. Regarding accountancy and audit:

a) To formulate and submit to competent authorities for promulgation development policies, regulations on accounting and audit (including independent audit and internal audit), and the regime of financial-budget reporting and publicity;

b) To promulgate the accounting and audit principles, standards, professional methods and skills; criteria and requirements on accountants, chief accountants, auditors, practicing auditors and practicing accountants; criteria and conditions for establishment of accounting or audit service enterprises;

c) To grant or withdraw certificates of eligibility for provision of audit services, for audit enterprises, and certificates of audit practice registration, for auditors; to suspend the provision of audit services as prescribed by law;

d) To guide, inspect and supervise the implementation of the laws on accounting, audit, accountancy and audit practice and handle violations in the implementation of the laws on accounting, independent audit, accounting and audit practice; to make final decisions on differences and disputes on accounting and independent audit.

13. State management of securities and securities market:

a) To develop and submit to the Government for promulgation policies on development of the securities market;

b) To develop and submit to the Prime Minister for approval plans on establishment, operation suspension, dissolution or change of ownership forms, operation methods and organizational models, of stock exchanges and securities depository centers;

c) To grant or withdraw operation licenses to or from securities trading companies, securities investment fund management companies, securities investment funds, securities companies, organizations offering securities to public and securities depository or service organizations as prescribed by law;

d) To inspect and supervise activities of organizations engaged in securities issuance, dealing and service provision;

e) To assume the prime responsibility for, and coordinate with relevant agencies in, applying necessary measures to ensure safe, efficient and lawful operation of the securities market.

14. State management of insurance:

a) To formulate and submit to the Government for promulgation of mechanisms and policies on development of the insurance market;

b) To grant or withdraw licenses for establishment and operation of insurance enterprises, insurance brokerage enterprises; permits for opening of representative offices of foreign insurance enterprises or insurance brokerage enterprises in Vietnam;

c) To inspect and supervise activities of insurance enterprises, insurance brokerage enterprises and relevant organizations and individuals;

d) To assume the prime responsibility for, and coordinate with relevant agencies in, applying necessary measures to ensure efficient and lawful operation of the insurance market.

15. Regarding the financial management of financial and financial service organizations:

a) To formulate and submit to the Government or the Prime Minister for approval of master plans on, or for promulgation of policy mechanisms and organizational models of business in lottery, betting, casino and electronic games with prizes;

b) To promulgate, and guide the implementation of, legal normative documents on business in lottery, betting, casino and electronic games with prizes;

c) To inspect, supervise and handle violations of law in the implementation of legal provisions on lottery, betting, casino and slot machine activities; to grant, re-grant, modify, extend or withdraw certificates of eligibility for lottery, betting, casino or slot machine business in accordance with current law;

d) To formulate and submit to the Government for promulgation of policies on investment credit, export credit of the State; and policies on other preferential credit of the State as prescribed by law;

e) To guide and inspect the implementation of financial mechanisms of the State Bank of Vietnam, state-owned commercial banks, Social Policy Bank, Vietnam Development Bank, Vietnam Deposit Insurance, Vietnam Social Insurance and other financial funds as prescribed by law;

f) To guide, inspect and supervise organizations providing financial services, tax consultancy, price appraisal and other services within the scope of the Ministry’s state management.

16. Regarding customs:

a) To formulate and submit to the Government for promulgation of specific regulations on customs procedures, customs inspection and supervision, conditions for registration and operation of customs procedure agents, responsibilities of state agencies at border gates, on operation of bonded warehouses and tariff-bonded warehouses, and post-customs clearance inspection;

b) To promulgate under its competence documents guiding and directing the professional operations of customs inspection and supervision, post-customs clearance inspection, smuggling combat and customs statistics as prescribed by law;

c) To organize, guide, direct, inspect and take responsibility for, performance of customs tasks under the Customs Law and other regulations; to inspect and handle under its competence violations of the customs law.

17. Regarding price sector:

a) To formulate and submit to the Government or the Prime Minister for approval, and organize the implementation of, orientations for annual, five-year and ten-year price administration; and master plans on development of price appraisal services;

b) To formulate and submit to the Government for promulgation of regulations on price management decentralization, mechanism in managing the prices of commodities and services of which prices are set by the State; to assume the prime responsibility for, and coordinate with other ministries, sectors and provincial-level People’s Committees in, examining elements forming the prices of commodities and services under its jurisdiction as prescribed by law;

c) To assume the prime responsibility for, and coordinate with relevant ministries and agencies in, elaborating and submitting to competent authorities for decision on the prices of commodities and services on the lists of commodities and services of which prices are set by the State; to define general methods of pricing commodities and services for ministries, sectors and localities, production and business organizations to draw up price plans and for use as basis for appraisal of price plans, examination of price components; to coordinate with other ministries and sectors in guiding the pricing methods applicable to commodities and services under the deciding competence of ministries or sectors;

d) To assume the prime responsibility for, and coordinate with relevant agencies in, elaborating and submitting to competent authorities for adjustments to lists of commodities and services subject to price stabilization and to lists of commodities eligible for establishment of price stabilization funds;

e) To assume the prime responsibility for, and coordinate with relevant agencies in, elaborating and submitting to the Government for decision on the price stabilization guidelines and measures; to guide and organize the application of price-stabilizing measures as prescribed by law;

f) To appraise price plans formulated by Ministries, agencies, state-owned enterprises and submitted to the Government or the Prime Minister for decision; to monitor and supervise the pricing of commodities and services under the pricing competence of ministries and sectors; to examine and appraise land prices according to the law on price; to direct and guide the application of price-related policies and measures and decisions on prices of assets, commodities or services, which are promulgated or approved by the Government or the Prime Minister;

g) To decide under its competence prices of assets, commodities and services on the lists of those of which prices are set by the State; to guide the decision on specific prices of commodities and services after competent state agencies prescribe the minimum prices, maximum prices and price frames as prescribed by law;

h) To guide the organization of price consultations. To organize price consultations as prescribed by law;

i) To prescribe criteria of price appraisers, to grant or withdraw price appraiser cards; to grant and withdraw certificates of eligibility for provision of price appraisal service, to suspend the provision of price appraisal service; to perform the state management function of price appraisal as prescribed by law;

k) To assume the prime responsibility for, and coordinate with relevant ministries and agencies in, specifying the lists of commodities and services subject to price registration and declaration; to guide the price registration and declaration process, procedures and dossiers under its competence as prescribed by law, and supervise the implementation thereof;

l) To guide, inspect and control the implementation of the law on price management and appraisal.

18. To organize and direct the application of information technology 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 its state management as prescribed by law;

b) To elaborate plans and organize negotiations on draft bilateral and multilateral treaties on taxation (export duty, import duty, avoidance of double taxation and other taxes as prescribed by law), financial, accounting, audit and customs services and other financial areas as authorized by the Government;

c) To negotiate and conclude financial treaties under the authorization of the President or the Government; to represent the Vietnamese Government at bilateral or multilateral international financial forums as assigned by the Government.

20. To organize and direct the implementation of plans on scientific research, application of scientific and technological advances in the fields under the Ministry’s management as prescribed by law.

21. To decide on guidelines, specific measures and direct the implementation of mechanisms on operation of public service organizations in the fields under the Ministry’s management as prescribed by 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 non­governmental organizations in the fields under the Ministry’s management as prescribed by law.

23. To inspect, examine and settle complaints and denunciations; to prevent and combat corruption; to practice thrift, to prevent and combat waste in the use of assigned assets and funds; to inspect and monitor the enforcement of financial law as prescribed by law; to handle under its competence or propose competent authorities to handle as prescribed by law for acts of violating the law on finance and budget management and other fields under the Ministry’s management.

24. Regarding the administrative reform:

a) To formulate and submit to the Government for promulgation of programs on renewal of mechanisms on management of public finance to serve the program on public administrative reform 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 public administrative reform program already approved by the Prime Minister.

25. To manage the organizational apparatus and civil servant payroll, and working positions and structure of public employees based on professional titles and the number of employees in public non-business units; to decide on the rotation, transfer, appointment, relief from duty, dismissal from office, commendation and disciplining; entitlements and policies; training and retraining of cadres, civil servants and public employees under its management as prescribed by law.

26. To manage and organize financial activities, state assets, development and construction investment in the entire sector under the Ministry’s management as prescribed by law.

27. To perform other tasks and exercise other powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. The State Budget Department.

2. The Investment Department.

3. The Finance Department for National Defense, Security and Special Affairs (Department I).

4. The Department of Administrative and Non-Business Finance.

5. The Tax Policy Department.

6. The Department of Banking and Financial Institutions.

7. The Department of Accounting and Audit Regulations.

8. The International Cooperation Department.

9. The Legal Affair Department.

10. The Department of Organization and Personnel.

11. The Department of Emulation and Commendation.

12. The National Finance Inspectorate.

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

14. The Department of Public Asset Management.

15. The Department of Debt Management and External Finance.

16. The Department of Insurance Supervisory and Management.

17. The Price Management Department.

18. The Department of Financial Informatics and Statistics.

19. The Corporate Finance Department.

20. The Department of Planning and Finance.

21. The General Department of Taxation.

22. The General Department of Customs.

23. The General Department of National Reserves.

24. The State Treasury.

25. The State Securities Commission.

26. The National Institute for Finance Strategy and Policy.

27. The Vietnam Financial Times.

28. The Financial Magazine.

29. The Training Center for Financial Officers.

In this Article, the organizations defined in Clauses from 1 thru 25 are administrative organizations assisting the Minister in performing the state management function; the organizations defined in Clauses from 26 thru 29 are non-business organizations serving the Ministry’s state management.

The State Budget Department shall be organized with 5 sections; the Investment Department, be organized with 4 sections; the Department of Administrative and Non-Business Finance, be organized with 4 sections; the Tax Policy Department, be organized with 5 sections; the Department of Banking and Financial Institutions, be organized with 4 sections; the Department of Accounting and Auditing Regulations, be organized with 5 sections; the International Cooperation Department, be organized with 4 sections; the Legal Affair Department, be organized with 6 sections; and the Department of Organization and Personnel, be organized with 6 sections.

The Minister of Finance shall submit to the Prime Minister for promulgation of the decisions defining the functions, tasks, powers and organizational structures of the General Department of Taxation, the General Department of Customs, the General Department of National Reserves, the State Treasury and the State Securities Commission, and a list of other non-business organizations of the Ministry.

Article 4. Transitional provisions

The General Department of Taxation, the General Department of Customs, the General Department of National Reserves, the State Treasury and the State Securities Commission shall continue performing the functions, tasks and powers under the prevailing regulations until the Prime Minister issues decisions on their functions, tasks, powers and organizational structures.

Article 5. Effect

This Decree takes effect on February 15, 2014, and replaces the Government’s Decree No.118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance.

Article 6. Implementation responsibility

The Minister of Finance, other 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 PRIME MINISTER Nguyen Tan Dung