Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity ************************

Transcription

1 APPENDIX 5 Decree of the Prime Minister Office of Lao PDR on Ministry of Finance Organization Structure and Activities No.80/PM, Dated 28 February 2007(Unofficial Translation)

2 -Unofficial Translation- Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity ************************ Prime Minister Office No. 80 /PM Vientiane Capital, 28 February 2007 Decree on Organization and Activities of Ministry of Finance ******************** - Referring to the Constitution of Lao People s Democratic Republic. - Referring to the Law on Government of Lao PDR No. 02/NA, dated 06 May 2003 and laws of the Financial Sectors; - Referring to the study and unanimous agreement of the Governmental Organization Restructuring Committee, dated 19 February Referring to the proposal from the study of the Ministry of Finance Restructuring Committee No. 0362/MOF, dated 12 February The Prime Minister Issues the Decree: Section I General Provisions Article 1. Objectives This Decree prescribes the details of the status, roles, duties, scope of authorities, organizational structure and working methods of the Ministry of Finance as for a reference on legal actions for organizing and implementing activities of the Ministry of Finance. This Decree focuses on implementing policies of the Party and the Government in managing, monitoring, facilitating and improving the Financial Sectors to be strong, transparent and highly efficient in order to respond to the socio-economic development. 1

3 Article 2. Definitions - MOF is an abbreviation of the word: Ministry of Finance; - Financial Sectors: include state budget, customs, tax, national treasury, accounting, state asset management, enterprise financial management; - Financial Management: is the process of determining strategies, plan initiation, implementation, monitoring, inspection, summarizing report and evaluation. Section II Status, Roles, Duties and Scope of Authorities Article 3. Status and Roles Ministry of Finance is a central state management organization of the Government with its role as a Government Secretariat for management of the finance and state budget nationwide. Article 4. Duties of the Ministry of Finance Ministry of Finance performs its duties as set forth in the Law on Government and other laws relating to the Financial Sectors as well as the following duties: 1. To determine strategic plans, policies and plans relating to the management of the Financial Sectors in order to propose the same to the Government for consideration; 2. To implement strategic plans and Government polices into a plan, work plan and detailed project of the Financial Sectors; 3. To enact and improve draft laws and other legal actions relating to the Financial Sectors in order to propose the same to the Government for consideration; 4. To disseminate strategic plans, policies, plans, laws and other legal actions relating to the Financial Sectors in accordance with its roles; 5. To conduct research and analysis to establish financial markets, bonds, securities and stock exchanges; 6. To coordinate with central sectors and local administrations to develop annual state budget plan in order to propose the same to the Government for consideration; 7. To implement the collection of customs, taxes, fees, service fees and other revenues in accurate, correct, punctual, unified and centralized manner nationwide in accordance with the laws and regulations; 8. To manage loans, grants and debt repayment both domestically and internationally as stated in relevant agreements; 9. To manage budget treasury, national reserves, state funds as well as the state s assets, debts and valuable materials; 2

4 13. To direct, manage, maintain and develop, restructure, implement policy on its staff and improve organizational structure of the Financial Sectors by gradually using modern technology; 14. To direct activities relating to customs, tax and national treasury in relation to the organization, number of personnel, technique and budget centralization pursuant to their organizational levels; 15. To direct technical guidance and human resources development of the provincial finance departments and district finance offices; 16. To direct, manage, monitor business enterprise units, technical administrative organization, social security organization and commercial banks to be in compliance with the laws and regulations and budget allocation; 17. To direct, manage, monitor, inspect financial institutions, financial colleges, staff and employees training centers as well as lottery and insurance businesses; 18. To perform other duties as assigned by the Government. Article 5. Scope of Authorities of the Ministry of Finance: 1. To propose the Government to improve, enact or annul laws, presidential edicts, presidential decrees, decrees, instructions, suggestions and notifications of the high authorities in relation to the duties of the Financial Sectors; 2. To suspend, cease or terminate agreements, instructions, suggestions, notifications of low-level organizations which are under its supervision and to propose the Government to improve, suspend or terminate legal actions of other sectors or local administrations which are in contradiction with the laws and regulations of the Financial Sectors; 3. To issue agreements, instructions, suggestions, notifications and regulations to manage the Financial Sectors in accordance with the laws and regulations; 4. To execute agreements and conventions relating to the financial activities with foreign countries or international organizations as assigned by the Government; 5. To propose the Government for its consideration in relation to financial preventive measures and countermeasures for benefits of the nation; 6. To appoint, dismiss, transfer, promote, applaud, impose disciplinary actions and other policies against staff and governmental servants in the Financial Sectors in accordance with the laws and regulations; 7. To appoint or dismiss directors and boards of directors of state-owned enterprises or other enterprises in which the Government is a shareholder in accordance with the laws and regulations; 8. To monitor, inspect central or local Financial Sectors, individuals, juristic persons for the compliance with the laws, regulations and other legal actions relating to finance; 9. To manage and utilize assets, materials, equipment and annual budget as approved by the Government and the National Assembly; 10. To exercise other authorities as assigned by the Government. 3

5 Section III Organizational Structure Article 6. Institutional Structure Ministry of Finance comprises 09 departments assisting in the macro management and 03 departments assisting in the organizational level management, totaling 12 departments, including the equivalents. In addition, there are other technical organizational bodies, state-owned enterprises and local financial divisions that are under its supervision, which are: 1. Institutes assisting the Minister in state management consisting of 09 departments and the equivalents are as follows: 1) Administrative Office; 2) Personnel Department; 3) Finance Inspectorate Department; 4) Accounting Department; 5) State Budget Department; 6) External Finance Department; 7) State Asset Management Department; 8) State-Owned Enterprises Financial Management Department; 9) Fiscal Policy Department. 2. Institutes managing organization levels from central to local organizations: Central organizations consisting of: 1) Customs Department; 2) Tax Department; 3) National Treasury Department. Local organizations consisting of: 1) Regional Customs Units; - Border customs checkpoints; - Mobile customs units; - Customs houses; 2) Provincial and Vientiane Capital Tax Divisions; - District or Municipal Tax Offices; 3) Provincial and Vientiane Capital National Treasury Departments; - District and Municipal National Treasury. 4

6 3. Institutes of the Ministry of Finance guiding techniques consisting of: 1) Provincial Finance Divisions; 2) District Finance Offices. 4. Institutes of technical management consisting of: 1) Financial institutions or financial colleges; 2) Training centers; 3) Lottery business; 4) Insurance business. Article 7. Personnel Structure 1. Ministry of Finance consists of a Minister acting as the chief of the Ministry, responsible to the Government in the management, control and implementation of policies of the Party and Government in relation to financial activities and responsible for the performance of its roles, duties and authorities in accordance with the Law on Government of Lao PDR and this Decree. The Minister shall have direct responsibilities toward the Government and the Prime Minister in relation to the achievement and failure in the activities of the Financial Sectors; 2. Ministry of Finance comprises a number of Deputy Ministers. The Deputy Ministers shall assist the Minister and shall be responsible for any specific activities as assigned by the Finance Minister; 3. Ministry of Finance consists of: Director, Deputy Director of the Administrative Office; Director and Deputy Director of departments; Director and Deputy Director of organizations of organizational levels posted locally. Ministry of Finance also consists of; Director, Deputy Director of sub-divisions and a number of technicians as well as administrative staff which are assigned in various positions; 4. Local organizations consist of: Director and Deputy Director of Provincial Finance Divisions; Director and Deputy Director of District Finance Offices and technicians of the Financial Sectors. Section IV Working Protocols Article 8. Ministry of Finance performing its activities pursuant to the following principles: 1. To comply with the principles of centralized democratic and mutual agreements, to assign work to responsible persons and to comply with unitary leadership regime, encourage their staff and governmental servants to be initiative and participate in the management and development of the Financial Sectors. 2. To operate under plans, work plans and detailed projects; To rectify the activities to meet the objectives and targets in each stage; To coordinate closely with local administrations and other sectors by focusing on synergizing all sectors capacity for the development of the scope of the financial activities; 5

7 3. To inspect, supervise, encourage, conclude lessons experienced, evaluate advantages and disadvantages and to strictly comply with reporting protocols to the high authorities; 4. To summon monthly, quarterly, semi-annually or annual meetings and to regularly report to the Government. Section V Final Provisions Article 9. Seal, Uniform and Label - Each of the institutional organizations of the Ministry of Finance shall have their specific seals for the performance of their duties; - Staff and governmental servants in the Financial Sectors shall have specific uniforms and labels for each working group when performing their official duties. Article 10. Implementation Ministries, organizations equivalent to ministries, local administrations and Ministry of Finance shall strictly acknowledge, cooperate and facilitate on the expansion and implementation of this Decree in accordance with their duties of Lao citizens. Article 11. Expansion The Minister of Finance shall be assigned to study, instruct, expand and determine the status, roles, authorities, duties, organizational structure and coordination mechanism of the Administrative Office, departments, Provincial Divisions, District Finance Offices and other technical organizations as stated in Article 6 of this Decree. Article 12. Effectiveness This Decree is effective on the date of its execution and shall replace the Decree No. 127/PM, dated 3 October 2000 in relation to the Organization and Activities of Ministry of Finance and other former agreements of which the contents are inconsistent with this Decree are hereby superseded. Prime Minister of Lao PDR Prime Minister s Seal -signature- Bouasone Bouphavanh 6

8 THE ISSUER Ministry of Finance of the Lao People s Democratic Republic 23 Singha Road, P.O. Box 46 Vientaine Capital, Lao PDR THE ISSUER'S CONTACT PERSON IN THAILAND Lao PDR Embassy in 520, 502/1-3 SoiSahakanpamun Pracha-Uthit Road, Wangthonglang Bangkok JOINT LEAD ARRANGERS TMB Bank Public Company Limited 3000 Phahonyothin Road Chomphon, Chatuchak Bangkok Bangkok Bank Public Company Limited 333 Silom Road Silom, Bangrak Bangkok BONDHOLDERS' REPRESENTATIVE TMB Bank Public Company Limited 3000 Phahonyothin Road Chomphon, Chatuchak Bangkok REGISTRAR Securities Depository Company Limited The Stock Exchange of Building Floor 7, 62 Ratchadapisek Road Klongtoey, Bangkok LEGAL ADVISOR LS Horizon Limited 14 th Floor, GPFWitthayuTower A 93/1 Wireless Road Lumpini, Pathumwan Bangkok 10330