Nghị định 25-CP năm 1995 về nhiệm vụ quyền hạn và tổ chức bộ máy kho bac nhà nước trực thuộc Bộ Tài Chính

DECREE

ON THE TASKS, POWERS AND ORGANIZATION OF THE STATE TREASURY DIRECTLY ATTACHED TO THE MINISTRY OF FINANCE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to Decree No.178-CP on the 28th of October 1994 of the Government on the tasks, powers and organization of the Ministry of Finance;
Considering the proposal of the Minister of Finance and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES :

Article 1.- The State Treasury is an organization directly attached to the Ministry of Finance, which has the task of assisting the Minister of Finance in exercising the function of State management over the State Budget (including the centralized foreign exchange fund of the State), the State financial reserves fund, the money and property temporarily collected or temporarily seized; and in mobilizing capital for the State Budget and for development investment.

Article 2.- The State Treasury has the following tasks and powers :

1. Drafting projects and statutory documents on the management of the State Budget fund, the State financial reserves fund, the money and property temporarily collected or temporarily seized, and forwarding to the Minister of Finance for issuing in accordance with his powers, or submitting them to the Prime Minister for decision.

2. Issuing documents providing guidance on the professional activities of the State Treasury.

3. Gathering and reporting on the State budget revenues (including aid, and domestic and foreign loans). Regulating the allocation of State Budget revenues to the local budgets as decided by the authorized level.

Making payments and overseeing the State Budget expenditure of each recipient according to the ratified draft State budget.

4. Controlling and registering the receipt and disbursement of the State financial reserves fund, the money and property temporarily collected or temporarily seized, and the money confiscated for the State property as decided by the authorized level.

5. Opening bank accounts, controlling savings accounts, and making payments and transactions in cash and money transfers for the public institutions, units and individuals having relations of business transaction with the State Treasury.

6. Mobilizing capital for the State Budget and for development investment. Issuing Government bonds at home and abroad as stipulated by the Government.

7. Organizing the accounting and inventorying of and reporting on statements of accounts of the State Budget fund, the State financial reserves fund, the money and property temporarily collected or temporarily seized.

8. Opening savings accounts (time and sight savings accounts) at the State Bank or the State Commercial Bank for transactions and payments between the State Treasury and the Bank.

Carrying out a number of banking activities as empowered by the Governor of the State Bank.

9. Organizing the payment and regulation of capital and cash in the entire system of the State Treasury, ensuring quick and full collection of all revenues, and promptly meeting the State Bank's demand for payment and disbursement.

10. If need be, when the revenues are not collected as promptly as planned, the State Treasury can use the idle capital and short-term loans of the Central State Bank to promptly meet the State Budget's expenditures. Short-term loans from the State Bank must be made according to the current regulations.

11. Keeping and protecting the property, money and vouchers sent by the State, public offices, units and individuals for safekeeping at the State Treasury.

12. When discovering a violation of the State regime of financial management by a unit or organization recipient of State budget allocations, the State Treasury can temporarily suspend the disbursement or payment, and report it to the authorized level for solution.

13. Performing the task of international cooperation in the field of State Treasury.

14. Organizing inspection and supervision within the system of the State Treasury.

15. Organizing management of the information and informatics system of the State Treasury.

16. Managing officials and public servants, capital and property within the system of the State Treasury.

Article 3.- The State Treasury is organized into a unified system as follows :

1.- At the central level is the State Treasury directly attached to the Ministry of Finance. The State Treasury is headed by a General Director who is assisted in his work by a number of Deputy General Directors. The General Director shall be appointed or dismissed by the Prime Minister at the proposal of the Minister of Finance. The Deputy General Directors shall be appointed or dismissed by the Minister of Finance.

The apparatus of the State Treasury at the central level is composed of :

1. The General Planning Department,

2. The Accounting Department,

3. The capital Mobilizing Department,

4. The Budget Department,

5. The Inspection Department,

6. The Organization-Personnel Department,

7. The State Treasury Office,

8. The Information-Informatics Center.

2.- In the provinces and cities directly under the Central Government, there are State Treasuries directly attached to the Central State Treasury. The provincial and municipal State Treasuries are headed by Directors who are assisted in their work by a number of Deputy Directors. The Directors and Deputy Directors of provincial and municipal State Treasuries shall be appointed or dismissed by the Minister of Finance at the proposal of the General Director of the Central State Treasury.

3.- In the precincts, districts, towns or areas (inter-district), there are State Treasuries directly attached to the provincial or municipal State Treasuries. The State Treasuries in the precincts, districts, towns and areas are headed by Directors who are assisted in their work by a number of Deputy Directors. The appointment or dismissal of Directors and Deputy Directors of the Treasuries in the precincts, districts, towns and areas shall be defined by the Minister of Finance.

The concrete tasks, powers and organizational structure of the apparatus of the State Treasuries mentioned in Items 1, 2 and 3 shall be defined by the Minister of Finance.

Article 4.- The State Treasuries at the central level, in the provinces and cities directly under the Central Government, and in the precincts, districts, towns and areas are the organizations managing the State financial fund. They have their legal person status and their own seals.

Article 5.- The staff of the State Treasury system shall be decided by the Minister of Finance as part of the general staff of the Ministry of Finance.

Article 6.- The operational cost of the State Treasury system shall be covered by the State Budget, and registered as part of the draft expenditure plan of the Ministry of Finance.

The State Treasury can use the revenues generated by business transactions and payments (after deduction of expenses) to invest in the technological and professional development of the State Treasury system. These revenues and investments must be managed in accordance with the State financial management regime.

Article 7.- This Decree takes effect from the date of its promulgation. Decision No.7-HDBT on the 4th of January 1990 on the establishment of the State Treasury system directly under the Ministry of Finance, and the stipulations in other documents issued earlier which are contrary to this Decree, are now annulled.

Article 8.- The Minister of Finance and other Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree.