Laws of Vietnam

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.

To lead the coordinated work with the State Planning Committee in drawing up the draft State budget and project State budget allocations to the ministries, branches and localities for the Government to submit to the National Assembly. To organize the implementation of the draft State budget approved by the National Assembly.

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.

7. To provide unified management of the State capital and properties at enterprises and businesses. To act as the Government-mandated owner of State capital and properties at the enterprises. To check and codify the balance of accounts of the State enterprises.

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,

2. The Department of Accounting Regime,

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,

12. The Department of Finance and management,

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.

C. The attached specialized services:

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.

On behalf of the Government

Prime Minister

VO VAN KIET