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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
178-CP
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Hanoi, October 28, 1994
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DECREE
ON
THE TASKS, POWERS AND ORGANIZATION OF 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. 15-CP of the 2nd of March 1993, of the Government on the
Tasks, Powers and State management Responsibilities of the Ministries and
Agencies at Ministerial Level;
Considering the proposals of the Minister of Finance and the Minister-Chairman
of the Government Commission of Organization and Personnel,
DECREES:
Article 1.-
The Ministry of Finance is an agency of the Government which has the function
of providing unified State management in the fields of finance, accounting and
State budget in the whole country.
Article 2.-
The Ministry of Finance is responsible for carrying out the tasks and powers in
State management stipulated in Decree No. 15-CP on the 2nd of March 1993 of the
Government and the following detailed tasks and powers:
1. To guide the ministries,
agencies at ministerial level, agencies attached to the Government and the
People's Committees at provinces and cities directly under the Central
government, to draw up their annual draft State budgets.
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To review and codify the State
budget balance of accounts of the ministries, agencies at ministerial level,
agencies attached to the Government and the People's Committees at provinces
and cities directly under the Central Government as wall as of the mass and
social organizations which receive funds from the State budget.
To draw up the final annual
budget statement for the Government to submit to the national Assembly for
approval.
2. To coordinate with the State
Planning Committee in drafting medium-and long-term financial plans, the annual
plans for socio-economic development and for capital construction and the other
major balances of the national economy which are related to the State finance
and budget.
To make suggestions to the
ministries, agencies at ministerial level, agencies attached to the Government
and the People's Committees at provinces and cities directly under the Central
Government on their own development orientations, their financial investment
policies, payrolls, wages, prices and other socio-economic policies related to
finance and the State budget.
3. To draft laws, ordinances and
other legal documents on taxes, fees and other revenues for the Government to
issue or to submit to the Standing Committee of the national Assembly or the
National Assembly for issue.
To unify the management and
conduct of the collection of taxes, fees and other revenues for the State
budget.
4. To manage the State budget
fund, the State financial reserve, the centralized fund of foreign exchange of
the State budget, and the fund of temporarily seized or confiscated properties.
To conduct the issuance of financial allocations from the State budget, to
allocate capital for construction and to provide preferential loans for
projects and programs for the State's economic targets in accordance with the
regulations of the Government.
5. To undertake measures of
financial support for the implementation of the socio-cultural targets under
the programs and projects on appointment by the Government.
6. To manage capital and the
value of assets and natural resources owned by the State.
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8. To decide on suspension and
recovery of the money already issued to agencies and units which have spent it
on wrong purposes, not in line with the already approved plans or in violation
of the State regulation on financial management; and at the same time report to
the Prime Minister on the Ministry's decisions.
9. To provide unified management
of the loans and debt payments (of both domestic and foreign sources) of the
Government; to provide financial management of international aid. To take part
in the financial evaluation of the projects with foreign capital, which the
Government has assigned to ministries, agencies at ministerial level, agencies
attached to the Government and the People's Committees at provinces and cities
directly under the Central Government for implementation. To prepare documents
related to the country's imminent participation in international conventions on
financial matters and submit them to the Government for decision.
10. To provide State management
of the insurance business and service, the issuance of shares and bonds, the
social funds, lottery, the audit and accounting services and the other
financial services; to take part in the management of the capital market.
11. To conduct financial control
and inspection of all administrative and self-managed organizations, State
enterprises and the other subjects related to the State finance.
12. To represent the Government
at international financial institutions on assignment by the Government.
13. To manage the contingent of
financial, accounting and audit cadres and employees as stipulated by the
Government.
Article 3.-
The organization of the Ministry of Finance:
A. The assisting staff for the
Minister to discharge his/her State management function:
1. The Department of Financial
Policies,
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3. The Department of State
Budget,
4. The Department for Finance of
National Security and Defense (Department I for short),
5. The Department for Finance of
Banks and Financial Organizations,
6. The Department for Finance of
Administrative and Self-Managed units,
7. The Department for Management
of Public Property,
8. The Department of External
Finance,
9. The Department for External
Relations,
10. The Department for
Management and Reception of International Aid,
11. The Board for management of
Informatics Application,
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13. The Department of Personnel
and Training,
14. The Office of the Ministry.
B. The attached specialized
State management agencies:
1. The General Department of
Taxation,
2. The State Treasury,
3. The State Financial
Inspector,
4. The General Department of
management of State Capital and Property at Enterprises,
5. The General Department of
Development Investment.
The tasks, powers and
organizations of the specialized management agencies are provided for by the
Government in separate documents.
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1. The Institute of financial
Science,
2. The Financial and Accountancy
Colleges in Hanoi and Ho Chi Minh City and the Financial and Accountancy
Secondary Schools in Hai Hung, Quang Ngai and Ho Chi Minh City,
3. The Center for Refresher
Training of Financial Workers.
The tasks, organizational
structure and payrolls of the attached specialized services are defined by the
Minister of Finance, in compliance with the State regulations.
D. The other units attached to
the Ministry of Finance shall be organized and operated according to the
regulations of the Government.
Article 4.-
This Decree takes effect as from the date of its issuance. Decree No. 155-HDBT
of the 15 of October, 1988, of the Council of Minister (now the Government)
which provided for the functions, tasks and organizational structure of the
Ministry of Finance and the other previous documents which are contrary to this
Decree are now annulled.
Article 5.-
The Minister of Finance, the other Ministers, the Heads of agencies at
ministerial level, the Heads of agencies attached to the Government and the
Presidents of the People's Committees of provinces and cities directly under
the Central Government are responsible for the implementation of this Decree.
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