Quyết định 3595/QD-BTC

DECISION

ON THE DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE DEPARTMENTS, OFFICE AND INSPECTION DEPARTMENT OF THE STATE SECURITIES COMMISSION

THE MINISTER OF FINANCE

Pursuant to the Government's Decree No. 86/2002/ND-CP dated November 05th, 2002 on the functions, duties, powers and organizational structure of ministries and ministerial-level agencies;
Pursuant to the Prime Minister's Decision No. 161/2004/QD-TTg dated September 07th, 2004 on the functions, duties, powers and organizational structure of the State Securities Commission;
Upon the proposal jointly made by the Chairman of the State Securities Commission and Director of Human Resources Management,

DECIDES:

Article 1. To promulgate herewith this Decision the Regulation on the duties, powers and organizational structure of the Departments, Office, and Inspection Department of the State Securities Commission.

Article 2. This Decision shall take full force and effect as from the date of its signing. All documents on the duties, powers and organizational structure of the Departments, Office, and Inspection Department of the State Securities Commission promulgated by the Chairman of the State Securities Commission are hereby revoked.

The Chairman of the State Securities Commission, Director of Human Resources Management, Director of Monetary Affairs and Director of the Office of the Ministry of Finance shall be responsible for the implementation of this Decision./.

REGULATION

ON THE DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE DEPARTMENTS, OFFICE, AND INSPECTION DEPARTMENT OF THE STATE SECURITIES COMMISSION
(promulgated with the Finance Minister's Decision No. 3595/QD-BTC dated November 11^th, 2004)

The Departments, Office, and Inspection Department are the apparatus supporting the Chairman of the State Securities Commission (SSC) and organizing the implementation of duties and powers as stipulated by the Prime Minister in his Decision No. 161/2004/QD-TTg dated September 07th, 2004 and other duties and powers as assigned by the Minister of Finance, as follows:

I. DUTIES:

1. The Securities Market Development Department:

1.1. Working by itself or collaborating with relevant departments to draft and then organize the implementation of legal documents and their guidance on securities trading on organized securities markets;

1.2. Working by itself or collaborating with relevant departments to organize the implementation of strategies, masterplans, long-term, 5-year and annual plans of development of securities markets, and projects of organization and operation of organized securities markets;

1.3 Taking part in drafting policies and regimes of taxes, fees, charges, and foreign exchange, and other policies and solutions towards securities markets, as assigned by the SSC's Chairman;

1.4 Collaborating with other departments of the SSC to organize the implementation, supervision and examination of the enforcement of legal regulations on the organization and management of securities trading on the Securities Trading Centers (STCs) and the Stock Exchanges;

1.5 Proposing solutions for the development of securities markets, ensuring the publicity, equitability and legality of the market operations;

1.6 Collaborating with other departments of the SSC to set up the securities market information system for the sake of mapping out polices of securities market development and management; preparing periodical and irregular reports on the operations of the securities markets at the disposal of the SSC's Chairman and request of the Minister of Finance;

1.7 Making the SSC's annual reports;

1.8 Accomplishing other duties assigned by the SSC's Chairman.

2. The Securities Issuance Management Department:

2.1 Working by itself or collaborating together with relevant departments to draft and then organize the implementation of legal documents and their guidance on issuance and listing of stocks and bonds;

2.2 Working by itself or collaborating with relevant departments to organize the implementation of strategies, long-term and annual plans of development of securities for the markets;

2.3 Building up and providing guidance for the implementation of specialized standards, procedures and processes related to issuance and listing of stocks and bonds;

2.4 Working by itself or collaborating with relevant departments of the SSC to organize the supervision and examination of the compliance of legal documents on the public issuance of stocks and bonds by issuing organizations and the listing of stocks and bonds by listed organizations;

2.5 Collaborating with relevant departments of the SSC to examine and supervise organizations having their stocks and bonds issued and listed in their maintenance of listing requirements, their disclosure of information and corporate governance;

2.6 Receiving and verifying application statements for issuing stocks and bonds, applications for listing of stocks and bonds; submitting documents to the SSC's Chairman for granting, suspension or revocation of certificates of issuance registration of organizations applying for securities issuance; submitting documents to the SSC's Chairman for granting or revocation of listing licenses of organizations having their stocks and bonds listed; keeping track, gathering information and providing analysis of the operations of issuing and listed organizations;

2.7 Receiving and verifying applications of auditing organizations having satisfied all requirements for auditing securities issuing, listed and  business organizations; submitting those documents to the SSC's Chairman for approval;

2.8 Collaborating with other departments of the SSC and relevant departments and organizations of the Ministry of Finance to work out policies and solutions for development and encouragement of organizations having their securities issued to the public and listed on the STCs or the Stock Exchange;

2.9 Accomplishing other duties assigned by the SSC's Chairman.

3. The Securities Business Management Department:

3.1 Working by itself to draft and then organize the implementation of legal documents and their guidance on the organization and operation of securities business and service-providing organizations;

3.2 Working by itself to organize the implementation of policies, strategies, long-term and annual plans and projects on the organization and operation of securities business and service-providing organizations;

3.3 Working by itself or collaborating with relevant departments of the SSC to organize the supervision and examination of the compliance of legal documents and other regulations on securities business and service providing; the public issuance of stocks and bonds by issuing organizations and the listing of stocks and bonds by listed organizations; keeping track, gathering information and providing analysis of the operations of securities business and service-providing organizations;

3.4 Verifying application statements and submitting those documents to the SSC's Chairman for granting or revocation of licenses of operation of securities business and service-providing organizations, licenses of establishment of investment funds and licenses of issuance of fund certificates, certificates of securities business practice of securities business and service-providing organizations and their practitioners;

3.5 Verifying application statements and submitting those documents to the SSC's Chairman for granting or revocation of licenses of establishment of representative offices of foreign securities business and service-providing organizations in Vietnam; supervising the operations of these representative offices in compliance with applicable laws and regulations;

3.6 Collaborating with other relevant departments of the SSC to organize examinations for re-granting of certificates of securities business practice;

3.7 Collaborating with other relevant departments of the SSC to select auditing companies to provide auditing services to securities business and service-providing organizations;

3.8 Providing consultancy to the SSC's Chairman in giving guidance and assistance to securities associations in achieving their goals and mottoes and complying with their Charters; supervising the compliance of legal regulations by these associations;

3.9 Collaborating with domestic and foreign organizations in promoting the development of securities business and service-providing organizations in accordance with directives by the Ministry of Finance and decisions by the SSC's Chairman;

3.10Accomplishing other duties assigned by the SSC's Chairman.

4. The International Cooperation Department:

4.1 Working by itself to build up and then organize the implementation of the SSC's strategies, long-term and annual plans and projects of international cooperation;

4.2 Collaborating with other departments of the SSC and organizations of the Ministry of Finance to participate in the latter's international cooperation programs in the field of securities and securities markets as assigned by the SSC's Chairman and the Minister of Finance's directives;

4.3 Collaborating with other departments of the SSC to build up the Regulation on the SSC's international operations, providing guidance and examining the implementation of this Regulation as stipulated by the Minister of Finance;

4.4 Collaborating with international organizations, foreign securities regulators, and other departments of the SSC to implement programs and technical assistance projects as assigned and authorized by the Minister of Finance; making synthesis and reports on the implementation of these programs and projects;

4.5 Preparing the contents and completing procedures for the SSC to directly partake or collaborate with other organizations of the Ministry of Finance to discuss and sign agreements or memoranda of understanding of cooperation with foreign partners in the field of securities and securities markets; to discuss and sign documents of accession to international organizations of securities and securities markets as stipulated by the Minister of Finance;

4.6. Collaborating with other departments of the SSC to prepare the contents, programs, plans, budget and international procedures for the SSC's delegations to take part in international workshops, conferences and study tours, and the programs for international delegations to pay working visits to the SSC;

4.7 Collaborating with other departments of the SSC to organize and manage international workshops and conferences in accordance with approved plans; making reports of their results in accordance with the Minister of Finance's directives;

4.8 Conducting the interpretation work as specified in the SSC's Regulation of international operations; carrying out the study and synthesis of news of world's securities markets and regulation of the securities industry at the service of the SSC's leadership in accordance with the Minister of Finance's directives;

4.9 Accomplishing other duties assigned by the SSC's Chairman.

5. The Human Resources Management Department:

5.1 Working out the strategy of the organizational structure and development of the human resources in the securities industry;

5.2 Studying and proposing functions, duties, powers and organizational structure of the SSC and its departments;

5.3 Managing and distributing the assigned amount of the SSC's salaried staff; conducting the work of recruitment, appointment, increase of the staff's levels and their salary as authorized by the Minister of Finance;

5.4 Exercising the work of staff planning, rotation, appointment, re-appointment, dismissal, punishment, transfer, retirement, resignation, and implementing other policies and regimes towards officers, employees and contractees under the management of the SSC as authorized by the Minister of Finance;

5.5 Managing the personal files of officers and employees of the SSC as authorized by the Minister of Finance, providing guidance to other organizations of the SSC to keep the personal files and archives of their employees and contractees as stipulated by applicable laws;

5.6 Working out programs, plans and projects of staff training for the SSC’s officers and collaborating with other relevant departments to implement those programs, plans and projects; managing, keeping track of and urging the compliance of regulations on sending the SSC’s staff to domestic and foreign study courses with domestic or foreign financial sources;

5.7 Implementing the work of internal political security as assigned by the Minister of Finance;

5.8 Working by itself or collaborating with relevant parties to handle proposals, appellations or denunciations related to human resources management as stipulated by applicable laws;

5.9 Accomplishing other duties assigned by the SSC's Chairman.

6. The Planning - Finance Department:

Exercising the Government’s regulations and the Minister of Finance’s authorization on financial management, expenditure management, budget for capital construction and the assets of all the SSC’s organizations:

6.1 Working out annual budget and plans of utilizing the centralized financial sources of the SSC and its departments;

6.2 Submitting to the SSC’s Chairman the plans of expenditure allocation and the budget for capital construction for the SSC’s departments in accordance with its approved budget and projects;

6.3 Making reports on the budget revenues and expenditures as stipulated by applicable laws and regulations; reporting to the SSC’s Chairman and submitting to the Ministry of Finance for approval, and making public all annual reports of revenues and expenditures of all the SSC’s departments;

6.4 Providing guidance and examination of the compliance of the financial and accounting regimes and other Government’s and Ministry of Finance’s regulations on purchase, management and utilization of public assets in the SSC’s departments;

6.5 Participating in the drafting, amendment and revision of legal documents on finance and accounting applied in the field of securities and securities markets;

6.6 Managing the financial sources for capital construction in accordance with applicable laws and regulations and the Ministry of Finance’s guidance;

6.7 Collaborating with other departments and organizations to organize retraining courses for the SSC’s staff working in the field of finance, accounting and capital construction investment;

6.8 Accomplishing other duties assigned by the SSC's Chairman.

7. The Legal Affairs Department:

7.1 Working by itself or collaborating with other departments to draft legal documents in the field of securities and securities markets; requesting central agencies and local governments to contribute their opinions towards legal documents on securities and securities markets drafted by the SSC;

7.2 Working out the SSC’s annual and long-term programs and plans of drafting legal documents on securities and securities markets, and organizing the implementation of those programs and plans;

7.3 Contributing its opinions and verification of the legality of legal documents and their guidance drafted by the SSC's departments prior to submission of these documents to the Ministry of Finance;

7.4 Collaborating with other departments of the SSC to prepare files for draft legal documents on securities and securities markets for the SSC’s Chairman to request the Ministry of Finance’s departments and organizations for verification and submission to the Minister of Finance;

7.5 Providing consultancy to the SSC’s Chairman in contributing his opinions to legal documents drafted by the Ministry of Finance’s departments and organizations and other central agencies;

7.6 Collaborating with other departments of the SSC to provide proposals to the SSC’s Chairman in order to submit those to the Minister of Finance so that the latter shall suggest other competent authorities to suspend the implementation of, or to amend or revise the legal documents promulgated by these competent authorities which have provisions contradictory, overlapping or inconsistent with the legal documents on securities and securities markets;

7.7 Going through and systematizing all legal documents on securities and securities markets, and proposing solutions to the discovered problems; collaborating with other departments to publish legal documents on securities and securities markets;

7.8 Collaborating with other departments and organizations of the SSC and those of the Ministry of Finance to organize the publication, dissemination and education of legal documents on securities and securities markets; supervising, examining and urging the compliance of legal documents on securities and securities markets; participating in proposing settlement of violations in regulations on securities and securities markets;

7.9 Providing guidance and response to organizations’ and individuals’ inquiries related to securities and securities markets upon request and at the disposal of the SSC’s Chairman;

7.10Accomplishing other duties assigned by the SSC's Chairman.

8. The Office of the SSC:

8.1 Working out the SSC’s periodical programs and plans of actions; making announcement and keeping track of these programs and plans, urging other departments and assisting the SSC’s Chairman to coordinate the operations of the SSC’s departments in implementing those programs and plans after their approval;

8.2 Preparing programs, contents, and materials for interim and final meetings and conferences presided over by the SSC’s leadership, making public the results of those meetings and conferences; collaborating with other departments of the SSC to organize conferences and workshops;

8.3Working by itself or collaborating with other departments of the SSC to set up the SSC's Working Regulation, urging and supervising the compliance of  this Regulation;

8.4 Conducting the work of propaganda and dissemination of the SSC's official information on the mass media; collaborating with other departments of the SSC to publish annual reports and legal documents and their guidance on securities and securities markets;

8.5 Organizing, managing and providing guidance of the administrative, archive, health care and library work of the SSC;

8.6 Managing the infrastructure and ensuring all the means and working conditions of the SSC; conducting the self-protection and security work for the office of the SSC;

8.7 Exercising the duties of the third-level budget-receiving organization in compliance with the regulations on State's budget management;

8.8 Acting as the owner of infrastructure and technical construction projects of the SSC in accordance with the Minister of Finance's directives and the SSC's Chairman's decisions;

8.9 Acting as the standing member of the SSC's Council for Emulation and Rewards;

8.10 Accomplishing other duties assigned by the SSC's Chairman.

9. The Inspection Department:

9.1 Exercising the duties and powers of the Securities Inspection as stipulated by applicable laws and regulations, and as authorized by the Minister of Finance and the SSC's Chairman;

9.2 Accomplishing other duties assigned by the SSC's Chairman.

II. POWERS:

Each of the Departments, Office, and Inspection Department of the SSC shall have the following powers:

To request other departments to provide documents relevant to the implementation of its duties;

To sign documents which provide guidance or reply to matters within the scope of its duties and powers and other documents as authorized by the SSC's Chairman.

III. THE ORGANIZATIONAL STRUCTURE AND STAFFING:

1. The Departments and the Inspection Department shall exercise the "officer regime", while the Office of the SSC combines the "officer regime" and the "regime of having divisions in its organizational structure", which include:

The Division of Administration and Procurement

The Division of Accounting and Budgetary Affairs

The Division of Budgetary Affairs of the Representative Office in Ho Chi Minh City of the SSC's Office.

Specific duties of each division of the SSC's Office and of the Representative Office in Ho Chi Minh City of the SSC's Office shall be stipulated by the SSC's Chairman.

2. Managing each of the Departments, Office, and Inspection Department of the SSC is the Director, Director of the SSC's Office (jointly referred to as Director), or Chief Inspector. Assisting each Director shall be a number of Deputy Directors or Deputy Chief Inspectors.

The Director or the Chief Inspector shall be full responsible towards the SSC's Chairman for implementing the duties and powers of that department, and for managing the assets, archives, documents and the staff of that department.

Each Deputy Director or Deputy Chief Inspector shall be responsible towards the Director or Chief Inspector for his assigned work.

3. The number of staff for each department shall be decided by the SSC's Chairman within the total number of staff allocated to the SSC.