Duties and powers of Ho Chi Minh City Department of Finance in Vietnam

Duties and powers of Ho Chi Minh City Department of Finance in Vietnam
Dương Châu Thanh

What are the duties and powers of Ho Chi Minh City Department of Finance under the regulations in Vietnam?

Duties and powers of Ho Chi Minh City Department of Finance in Vietnam

Duties and powers of Ho Chi Minh City Department of Finance in Vietnam (Internet image)

Duties and powers of Ho Chi Minh City Department of Finance in Vietnam

The content mentioned in Decision 06/2024/QD-UBND dated February 16, 2024 regulates the functions, tasks, powers, and organizational structure of the Ho Chi Minh City Department of Finance.

The duties and powers of the Ho Chi Minh City Department of Finance are prescribed as follows:

1. Submit to the City People's Committee

- Draft decisions of the City People's Committee related to fields under the management of the Department of Finance and other documents as assigned by the City People's Committee.

- Draft development plans, programs, and measures to organize the implementation of tasks in the field of finance - budget, state administrative reform tasks in the field of state management of the Department according to the regulations of the Law.

- Draft decision on decentralization and authorization of state management tasks in the field of finance and budget to the Department of Finance and People's Committees of districts and Thu Duc city.

- Draft decision on the establishment, reorganization, and dissolution of public service units under the Department according to the provisions of law.

- The draft decision specifies the functions, tasks, powers, and organizational structure of the Department of Finance.

- Draft decision on the socialization of public service provision activities in the financial sector under the authority of the City People's Committee and according to the decentralization of superior state agencies (if any) .

2. Submit to the Chairman of the City People's Committee draft documents under the promulgation authority of the Chairman of the City People's Committee according to the assignment in the field of state management of the Department of Finance.

3. Organize the implementation of legal documents, planning, plans, schemes, projects, and programs that have been decided and approved by competent authorities; information, propaganda, guidance, inspection, and monitoring of law enforcement in fields within the scope of assigned state management.

4. Regarding state budget management

- Develop, synthesize, prepare, and submit to the City People's Committee for submission to competent authorities the local 5-year financial plan and 3-year state budget and financial plan; State budget revenue estimates in the area, local budget revenue and expenditure estimates, and annual City-level budget allocation plans; Adjust local 5-year financial plans, 3-year state financial and budget plans, local budget estimates, and City budget allocation plans in case of necessity.

- Develop and submit to the City People's Committee City People's Committee for submission to competent authorities a plan to supplement the estimate of increased revenue in the local budget, a plan to allocate and use the increased revenue, saving local budget expenditures, and plans to adjust local budget estimates according to regulations.

- Develop and submit to the City People's Committee for submission to competent authorities regulations on decentralization of revenue sources, expenditure tasks, and percentages (%) divided between local budget levels for divided revenues and additional levels from the superior budget to the subordinate budget according to the provisions of the State Budget Law.

- Submit to the City People's Committee to submit to competent authorities to decide on the use of City budget reserves, the use of local financial reserve funds, and other financial reserves according to the provisions of law.

- Preside and coordinate with relevant agencies in developing and submitting to the City People's Committee for submission to competent authorities for regulations on allocation norms and local budget spending regimes, standards, and norms according to the provisions of the law on state budget.

- Advise and organize the implementation of local budgets and manage local budgets according to authority; monitor and urge the implementation of budget estimates by the City and its subordinates.

- Check the allocation of assigned budget estimates; guide budget management and administration; direct and inspect the implementation of budget revenue and expenditure tasks of agencies and units at the same level and the budgets of lower levels.

- Guide the accounting and settlement of local budgets, periodically report on the implementation of budget revenue and expenditure estimates, and organize the implementation of the state's financial and budget disclosure regime according to the provisions of law. 

- Synthesize and prepare a local budget settlement to submit to the City People's Committee to submit to competent authorities for a local budget settlement according to the provisions of the State Budget Law.

- Submit to the City People's Committee to decide on advance payments and the recovery of advance payments from the City budget according to the provisions of the State Budget Law and guiding documents.

- Coordinate with the City State Treasury to prepare financial reports according to the provisions of law.

5. Regarding development, investment, and capital management

- Coordinate with the Department of Planning and Investment and relevant agencies to advise the City People's Committee on: strategies to attract, mobilize, and use short-term and long-term investment capital at home and abroad; appraisal of schemes, planning, investment policies, and investment projects; Develop policies and measures to coordinate and improve the efficiency of using official development assistance (ODA) capital in the area. Help the City People's Committee with state financial management of ODA programs and projects in the area.

- Coordinate with the Department of Planning and Investment and relevant agencies: develop plans to allocate annual, medium-term public investment plans from state budget capital and other legal capital sources according to regulations ; appraisal of capital sources and ability to balance capital for programs and projects using public investment capital; Adjust and harmonize public investment capital plans for locally managed investment projects; Advise the City People's Committee in allocating public investment capital sources from the City budget, including additional sources from the central budget, and balancing the City budget from re-borrowed City budget sources.

- Carry out inspection of the allocation of state budget estimates for public investment expenditure of level I estimate units; enter and approve estimates on the Tabmis system according to regulations of the Ministry of Finance.

- Participate with the Department of Planning and Investment and relevant agencies on financial content and financial incentive policies for projects.

- Check the situation of allocation, management, use, payment, and finalization of investment capital under the local budget of the investor and financial agencies at district and Thu Duc city levels and capital from other legal revenue sources of public service units; the situation of control and payment of investment capital by the State Treasury in the city, district, and Thu Duc city.

- Preside over the organization of verification of investment capital settlement of completed projects and submit them to the person with investment decision-making authority for approval for projects using public investment capital under the budget managed by the City People's Committee. (unless the Chairman of the City People's Committee has other regulations).

- Submit to the City People's Committee the order and time limit for preparing, sending, reviewing, appraising, and issuing a notice of appraisal of the final settlement report of public investment capital from the state budget; synthesize and report on the final settlement of public investment capital from the state budget according to the budget year managed by the locality according to regulations.

- Coordinate with the Department of Planning and Investment to synthesize, analyze, and report on the situation of mobilization and use of investment capital, and evaluate the effectiveness of management and use of investment capital.

- Coordinate with the City State Treasury to monitor and urge investors and project management units to recover overpaid capital when the completed project is approved for settlement, the settled capital amount is lower than the capital amount paid for the project, and urge the recovery of overdue construction investment capital advances that have not been recovered.

6. Regarding the financial management of land

- As the standing agency of the Land Price List Appraisal Council, the Specific Land Price Appraisal Council, performs and is responsible for tasks according to the provisions of the current Land Law.

- Preside over the development and submit to the City People's Committee the promulgation of a land price adjustment coefficient to calculate land use fee collection, land rent collection, and determine the starting price for the auction of land use rights; a specific percentage (%) to determine the unit price of land rent to calculate land rent collection; and a determining the starting price to auction land use rights to pay annual land rent.

- Preside over reporting to the City People's Committee to decide to increase the land price adjustment coefficient to determine the starting price for auctioning land use rights in cases where the land plot or auctioned land area is located in an urban area, traffic hub, or concentrated residential area with advantages and profitability according to the provisions of land law.

- Presiding over determining and submitting to the City People's Committee the percentage (%) to calculate land rent collection for land for underground construction, land with water surface, water surface rental, and determining the water surface rental unit price.

- Take charge of determining amounts deducted from land use fees, land rent, and water surface rent.

- Preside over the development and submission to the City People's Committee to submit to competent authorities the issuance of fees for the protection and development of rice land according to regulations.

- Preside over determining the starting price for auctioning land use rights in cases where the starting price is determined according to the land price adjustment coefficient method according to the provisions of land law.

7. Regarding public asset management in the City

- Develop and submit to the City People's Committee documents detailing and guiding the management and use of public assets under the City's management.

- Advise and help the City People's Committee submit to the City People's Council the decentralization of decision-making authority in the management and use of public assets under the City's management.

- Advise the City People's Committee to perform the task of state management of public assets, promulgate a list of acute centralized procurement (except for medicines, medical supplies, and specialized assets) according to the regulations of the Law; manage the database of public assets under the City's management; Report on the declaration of public assets and the management and use of public assets according to the provisions of the law and the assignment of the City People's Committee.

- Preside or coordinate with functional agencies to develop and submit to the City People's Committee for promulgation or decentralization of authority to promulgate according to regulations for standards and norms for the use of specialized areas; specialized cars; specialized machinery and equipment of agencies, organizations, and units under the City's management according to the provisions of law.

- Appraise and give opinions on tasks considered and decided by competent agencies and persons under the City according to the provisions of the law on the management and use of public assets.

- Decide according to authority the contents of management and use of public assets according to the decentralization of the City People's Council and the decentralization of the City People's Committee; Organize the implementation of decisions on the formation, use, and disposal of public assets assigned by competent agencies and persons of the City according to the provisions of the law on management and use of public assets.

- Manage public asset sale invoices, report on the management and use of invoices, and settle invoices for agencies, organizations, and units under the City's management. .

- Direct and coordinate with relevant agencies, organizations, units, and businesses to make plans to rearrange and handle the houses and land of agencies, organizations, units, and businesses under the scope of local management and submit them to the City People's Committee or competent authority for approval according to the provisions of the law on rearranging and handling public assets. Advise the City People's Committee to give opinions to ministries and branches on plans to rearrange and handle houses and land under central management and houses and land in other localities in the City.

- Own the custody account and manage money collected from processing and exploiting public assets according to the provisions of law.

- Advise and submit to the Chairman of the City People's Committee or a competent person decentralized by the City People's Council to decide:
Establishing the entire people's ownership of assets, approving the plan for handling assets with established ownership of the entire people for the types of assets assigned responsibility in prescribed legal documents on the order and procedures for establishing public ownership of property and handling property with established public ownership.

8. Regarding state financial management of off-budget state financial funds

- Coordinate with the City's off-budget financial fund management agency to synthesize and report on the implementation of the financial plan, next year's financial plan, and finalization of fund revenues and expenditures to the People's Committee to report to the City People's Council along with local budget estimates and settlement reports; coordinate and explain to the People's Council at the same level when requested.

- Perform tasks according to Government regulations on the establishment, organization, and operation of Funds and other tasks assigned by the City People's Committee.

9. Regarding corporate financial management

- Guide the implementation of policies and corporate financial management regimes of all types of businesses, cooperative finance, and collective economics; Financial policies for ownership conversion and rearrangement of enterprises with 100% charter capital held by the state and enterprises with state capital established by the City, assigned to manage or contribute capital according to regulations of the Law; converting public service units into joint stock companies, management regime; preservation and development of state capital at enterprises.

- Advise the City People's Committee according to assigned tasks on the management of state capital and assets invested in enterprises, cooperative economic organizations, and collective economic organizations established, contributed capital, or authorized by the City assigned management according to the provisions of the law.

- Check the management and use of capital, profit distribution, appropriation, and use of funds; perform supervision functions; synthesize reports on financial supervision results; evaluate operational efficiency; make recommendations and propose solutions to the City People's Committee on investment, management, and use of state capital in enterprises with 100% charter capital held by the State and enterprises with state capital established, assigned to manage, or contributed capital by the City. Give warning when seeing signs of financial insecurity in enterprises with 100% charter capital held by the State.

- Analyze and evaluate the financial situation of enterprises with 100% charter capital held by the State and enterprises with state capital established by localities, assigned to manage or contribute capital; Synthesize reports on the situation of ownership conversion and rearrangement of state-owned enterprises (report on the situation of arrangement, equitization, and divestment of state investment in enterprises) and other reports to report to competent authorities according to regulations (unless the City has other regulations).

- Manage the appropriation and use of salary, remuneration, and bonus funds for the Head of the Supervisory Board and Controller at a one-member limited liability company with 100% charter capital held by the State and established and assigned to manage by the City.

- Synthesize and evaluate the implementation of financial mechanisms to serve cooperative and collective economic development policies in the area according to the provisions of the law.

- Act as the focal point to receive financial reports of enterprises with foreign direct investment (FDI) and synthesize and analyze the financial situation, import-export situation, and state budget payments of FDI enterprises according to the prescribed regime to serve socio-economic development policies, attract foreign investment capital in the area according to the provisions of law and send to the Ministry of Finance to summarize and report to competent authorities.

10. About price management and price appraisal

- Advise the City People's Committee on assignment, decentralization, and organization of state management of prices and price appraisal in the area according to the provisions of the law on prices; Issue or submit to competent authorities documents guiding the implementation of regulations on price management and price appraisal in the area.

- Advise the City People's Committee on assigning tasks of pricing goods and services under the pricing authority of the City People's Committee to the Department of Finance and departments managing industries and fields. Carry out appraisals of price plans at the request of the Department of Industry and Trade Management or production and business units for goods and services under the pricing authority of the City People's Committee.

- Preside and coordinate with relevant agencies to organize inspections of compliance with price laws.

- Organize price negotiations according to the provisions of the law.

- Preside and coordinate with relevant agencies to submit to the City People's Committee to implement price stabilization measures decided by the Government and according to the guidance of the Ministry of Finance, ministries, and ministerial-level agencies. .

- Advise the City People's Committee to assign tasks of receiving price registration and price declaration to the Department of Finance and departments managing industries and fields according to regulations; advise on adding products to local price declaration in necessary cases.

- Advise the City People's Committee in assigning and organizing the implementation of state price appraisal under the City's management according to the provisions of law; Preside and coordinate with relevant agencies to perform state price appraisal according to the assignment and decentralization of the City People's Committee.

- Perform the task of collecting, monitoring, synthesizing, and analyzing market price developments in the area according to the regulations and instructions on price management and administration of the Prime Minister and the Ministry of Finance.

- Build, manage, operate, and exploit the price database in the area according to the provisions of the law.

- Preside in advising the City People's Committee to perform the task of valuing assets in criminal proceedings according to the provisions of law.

11. Regarding local government debt management

- Develop a 5-year and annual loan and debt repayment plan and a 3-year debt management program for the local government to report to the City People's Committee for consideration and decision or submit to competent authorities for decision according to the provisions of the law on the debt management of local governments.

- Based on local budget expenditure estimates and local financial resources decided by competent authorities, make payment of principal, interest, and fees.
and other costs related to local government loans in full and on time.

- Coordinate with the State Treasury to monitor, account for, and settle loan withdrawals, debt acceptance, and debt repayment under the debt obligations of the City budget.

- Develop a plan to issue local government bonds and other domestic loans and report to the City People's Committee for reporting to competent authorities for consideration and decision.

- Build and maintain a local government debt database.

12. Unified financial management of aid belonging to local budget revenues according to the provisions of law.

13. Guidance on implementing the financial autonomy mechanism of public service units and the regime of autonomy and self-responsibility for administrative management funding for state administrative agencies according to regulations of the Law; provide opinions on the plan for financial autonomy in the first year of the stable period of public service units under the management of the City People's Committee according to regulations; and coordinate with specialized agencies in the City to inspect the implementation of task assignment, ordering, and bidding to provide public products and services within the spending tasks of the City budget.

14. Coordinate with relevant agencies in implementing the management of fees, charges, and other revenues in the area.

15. Guide units and organizations to properly implement the regime of declaration, issuance, registration, and use of budget relations unit codes and implement other assigned tasks according to the provisions of the law.

16. Organize and deploy information technology applications; build, manage, and exploit information systems, databases, and archives to serve financial management, price management, asset management, and assigned professional expertise; synthesize statistical indicators in the Financial Sector Statistical Indicator System and the Financial Sector Statistical Reporting Regime according to regulations; preside over the publication of financial data and provide financial statistical information in the area according to the provisions of the law.

17. Carry out inspections, checks, receive citizens, and resolve complaints and denunciations according to the authority within the state management scope of the Department of Finance; sanction administrative violations according to the provisions of law on handling administrative violations; propagate, guide, inspect, and urge agencies and units under the management of the Department of Finance to implement laws on inspection, prevention of corruption, negativity, and practicing thrift and anti-waste; Summarizing and drawing experience on inspection work within the state management of the Department of Finance; Summarize the results of implementing recommendations from state inspections and audits in the fields of finance and budget to report to the City People's Committee.

18. Specify the functions, tasks, and powers of units under the Department of Finance according to the provisions of law; organizational structure management, civil servant payroll; structure of civil servant ranks; and job positions. Implement policies and regimes on personnel work for civil servants and workers under the Department's management according to the provisions of the law and according to the assignment and decentralization of the City People's Committee.

19. Participate in international cooperation, sign, and implement international agreements in the financial sector according to the provisions of the law on signing and implementing international agreements.

20. Carry out information work, periodic reports, specialized reports, and extraordinary reports on the implementation of assigned tasks with the City People's Committee, ministries, and ministerial-level agencies.

21. Preside and coordinate with the Department of Justice to perform tasks of judicial expertise in the field of specialized management in the locality according to the provisions of law on judicial expertise.

22. Perform other tasks assigned by the People's Committee, Chairman of the City People's Committee and according to the provisions of law.

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