Quyết định 48/2015/QD-TTg

DECISION

ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF STATE SECURITIES COMMISSION AFFILIATED TO THE MINISTRY OF FINANCE

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Securities dated June 29, 2006; Law on amendments to a number of articles of the Law on Securities dated November 24, 2010;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

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

Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At the request of the Minister of Finance,

The Prime Minister hereby promulgates the Decision defining functions, tasks, powers and organizational structure of the State Securities Commission affiliated to the Ministry of Finance.

Article 1. Position and functions

1. The State Securities Commission is an office affiliated to the Ministry of Finance which has the function of giving advices and assisting the Minister of Finance to perform the state management of securities activities and the securities market; directly manage and supervise the securities activities and the securities market; manage services activities pertaining to securities activities and the securities market according to laws.

2. The State Securities Commission has legal entity status, a seal bearing the national emblem, an account at the State Treasuries and its head office located in Ha Noi City.

Article 2. Tasks and powers

The State Securities Commission has the following tasks and powers:

1. Submit to the Ministry of Finance for subsequent submission to the Government and the Prime Minister for consideration and decision on:

a) Draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; draft decrees of the Government; and draft decisions of the Prime Minister on securities and the securities market;

b) Important strategies, planning, national target programs, action programs, schemes and important projects on securities and the securities market.

2. Submit to the Minister of Finance for consideration and decision on:

a) Draft circulars and other documents on securities and the securities market;

b) Annual plans on development of the securities market.

3. Issue documents providing professional guidance, internal normative documents and documents for specific application falling within the scope of its management.

4. Organize the implementation of legislative documents, strategies, planning, plans, programs, schemes and projects on securities and the securities market after they are issued or approved by competent authorities.

5. Disseminate the law on securities and the securities market.

6. Issue, extend or suspend the effect or revoke practice certificates or certificates related to securities activities and market; approve changes related to securities activities and market.

7. Manage and supervise the operation of Stock Exchanges, Securities Depository Centers and assisting organizations; suspend the trading or depository operations of Stock Exchanges and Securities Depository Centers if it is suspected that they affect legitimate rights and benefits of investors; approve regulations and rules of Stock Exchanges and Securities Depository Centers; approve the listing of new securities, apply new trading methods and put into operation new trading systems.

8. Carry out inspection, supervision and take actions against administrative violations and settle complaints and denunciations about securities activities and market.

9. Make statistics and forecasts on securities activities and market; to organize the management and application of information technology, and modernize securities-related activities and the securities market.

10. Conduct scientific research; organize, and cooperate with concerned agencies and organizations in providing training for officials and public employees engaged in securities management and securities practitioners; disseminate knowledge about securities and the securities market.

11. Seek international cooperation, formulate and implement policies on integration in the domain of securities and the securities market as assigned or decentralized by the Minister of Finance and according to law.

12. Guide and supervise the securities associations in realizing their operation objectives, guidelines and charters; handle or propose competent state agencies to handle violations committed by securities associations as decentralized by the Minister of Finance and under law.

13. Report on securities and the securities market under law and as assigned or decentralized by the Minister of Finance.

14. manage its own organizational structure and payroll; implement the regulations on salaries, entitlements and preferential policies, reward, disciplinary actions, provision of training for officials, public employees and employees under its management as prescribed by the Minister of Finance and by law; prevent and fight against corruption and negative practices, carry out thrift practice and combat against waste in the use of allocated assets and funds according to law.

15. Conduct administrative reforms according to the objectives and contents of the administrative reform program approved by the Minister of Finance.

16. Manage the allocated state budget funds and other funding sources and assets; practice the financial autonomy according to regulations of competent authorities.

17. Perform other tasks and exercise other powers assigned by the Minister of Finance and under law.

Article 3. Organizational structure

1. Department of Legislation.

2. Department for Development of Securities Market.

3. Department for Management of Securities Offering.

4. Department for Supervision of public companies.

5. Department for Management of Securities Trading.

6. Department for Management of fund management companies and securities investment funds.

7. Department for Supervision of securities market.

8. Department of International Cooperation.

9. Department for Organization and Personnel.

10. Department of Finance and Administration.

11. The Office (with representative agency in Ho Chi Minh City).

12. Inspectorate.

13. Department of Information Technology.

14. Scientific Research and Securities Training Center.

15. A securities magazine (“Tạp chí chứng khoán”).

The units specified in Clauses 1 thru 13 of this Article are administrative ones assisting the Chairman of the State Securities Commission in performing the state management function; the units specified in Clauses 14 and 15 are non-business ones.

The Inspectorate of the State Securities Commission shall perform the function of professional inspection in securities activities and the securities market; bear the direct instruction of the Chairman of State Securities Commission and the professional instruction of the Inspectorate affiliated to the Ministry of Finance. The Securities inspectorate shall comprise the Chief Inspector, the Deputy Chief Inspectors and Inspectors.

The Minister of Finance shall define the functions, tasks, powers and organizational structures of units of the State Securities Commission.

Article 4. Executive officers

1. The State Securities Commission has a Chairperson and no more than 3 vice chairpersons.

2. The Chairperson and vice chairpersons of the Stale Securities Commission shall be appointed, dismissed or demoted by the Minister of Finance under law.

3. The Chairperson is the head of the State Securities Commission and shall be answerable to the Minister of Finance and held responsible before law for all operations of the State Securities Commission. Vice chairpersons of the State Securities Commission shall be answerable to the Chairperson and take legal responsibility for the performance of their given tasks.

Article 5. Effect and responsibilities in implementation

1. This Decision comes into effect from December 01, 2015.

2. The Prime Minister’s Decision No. 112/2009/QD-TTg dated September 11th 2009 on the defining the functions, tasks, powers and organizational structure of the State Securities Commission affiliated to the Ministry of Finance shall be annulled by the effect of this Decision.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and the Chairperson of the State Securities Commission shall be responsible for implementing this Decision./.