| THE PRIME MINISTER ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
| No. 112/2009/QD-TTg | Hanoi, September 11, 2009 |
DECISION
DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE STATE SECURITIES COMMISSION OF THE MINISTRY OF FINANCE
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Securities Law;
Pursuant to the June 29, 2006 Securities Law;
Pursuant to the Government’s Decree No. 178/2007/ND-CP dated December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Minister of Finance,
DECIDES:
Article 1.
Position and functions
1. The State Securities Commission is an agency attached to the Ministry of Finance, functioning to advise and assist the Minister of Finance in performing the state management of securities and securities market: directly manage and supervise securities activities and market; and manage the provision of services in the domain of securities and securities market under law.
2. The State Securities Commission has the legal entity status, a seal bearing the national emblem, a separate account at the State Treasury, and its head office in Hanoi city.
Article 2.
Tasks and powers
The State Securities Commission has the following tasks and powers:
1. To submit to the Ministry of Finance for subsequent submission to the Government and the Prime Minister for examination and decision:
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 securities market;
b/ Important strategies, planning, national target programs, action programs, schemes and important projects on securities and securities market.
2. To submit to the Minister of Finance for examination and decision:
a/ Draft circulars and other documents on securities and securities market;
b/ Annual plans on development of the securities market.
3. To issue documents providing professional guidance, internal normative documents and documents for specific application falling within the scope of its management.
4. To organize the implementation of legal documents, strategies, planning, plans, programs, schemes and projects on securities and securities market after they are issued or approved by competent authorities.
5. To disseminate, propagate and educate the law on securities and securities market.
6. To grant, extend, invalidate or revoke licenses or certificates related to securities activities and market; to approve changes related to securities activities and market.
7. To manage and supervise the operation of Stock Exchanges, Securities Trading Centers, Securities Depository Centers and assisting organizations; to suspend trading or depository operations of Stock Exchanges, Securities Trading Centers and Securities Depository Centers when there are signs showing that these operations affect legitimate rights and benefits of investors; to approve regulations and rules of Stock Exchanges. Securities Trading Centers and Securities Depository Centers; to approve the listing of new securities, apply new trading methods and put into operation new trading systems.
8. To inspect, supervise and handle administrative violations and settle complaints and denunciations about securities activities and market.
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