VCN - The Ministry of Finance has submitted a Report to the Government on the issuance of a Decision which defines the functions, tasks, powers and organizational structure of the General Department of Taxation under the Ministry of Finance to replace the Decision No. 115/2009 / QD-TTg dated 28 September 2009 of the Prime Minister.
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|At present, the General Department of Taxation has 17 departments and 2 Commissions. Photo Thuy Linh.|
Basically, the functions, tasks and powers of the General Department of Taxation are maintained as stipulated in Decision No. 115/2009 / QD-TTg. However, in order to comply with legal documents on taxation, the Ministry of Finance shall submit to the Prime Minister for adjustment, amendment and supplementation of a number of new tasks in order to respond promptly to requirements of the task of modernization and reform of tax administration under the strategy until 2020 and the following years. Specifically, the Ministry of Finance proposed adding the functions and tasks related to the tax refund, value added tax deduction; accounting department in charge of state budget collection; technical measures in risk management; modernization and application of information technology in tax administration.
Remarkably, according to the Report, the Ministry of Finance said that over the past time, the internal inspection mainly focused on inspecting compliance with tax law, the settlement of complaints and denunciations related to public duty performance of organizations and individuals in the tax agencies; dealing with complaints in the tax sector; and reviewing internal rules, regulations, procedures and the compliance with disciplines in the public duty performance of tax agencies at all levels. With the approved strategy for development of tax sector, the development of tax system in accordance with international standards requires to strengthen tasks for internal inspection units in the direction of enhancing the internal audit for tax agencies at all levels.
According to the Ministry of Finance, the supplementation of this task is to ensure compliance with the law by inspecting and controlling the compliance with the regulations, procedures and disciplines in the duty performance of tax agencies at level and tax officers; thereby consulting and advising competent authorities to consider for amendment and supplement of appropriate regulations and procedures on management
Therefore, the Ministry of Finance has proposed the Prime Minister to add the internal audit task. In addition, the Ministry has also proposed to keep the Internal Examination Department parallel with the Inspection - Examination Department.
The Internal Examination Department under the General Department of Taxation is now assigned to assist the Director General in organizing and directing the administrative examination (internal examination); to examine the law compliance and integrity of tax agencies and tax officers; to settle complaints and denunciations related to the public duty performance of individuals and organizations of tax agencies at all levels; to join the anti-corruption and thrift practice and waste combat, to settle complaints and denunciations in the tax sector.
Restructuring of the organization
In the Report submitted to the Prime Minister on the issuance of a Decision defining the functions, tasks, powers and organizational structure of the General Department of Taxation, the Ministry of Finance presents a lot of important contents, in particular the organizational structure.
At present, under the Decision No. 115/2009 / QD-TTg, the General Department of Taxation has 17 departments and 2 commissions. The Finance Ministry shall not adjust the focal points. However, based on management requirements and the volume of work, it is necessary to improve the legal status of some units. They are reorganizing and renaming the Department for Personal Income Tax Administration into the Department of Tax Administration for Small and Medium Enterprises and Business Households and Individuals; Reorganizing and renaming of the Inspectorate Department into the Examination and Inspection Department.
Remarkably, Clause 2, Article 40 of the Law on Organization of the Government stipulates that "the number of deputy heads of the General Department shall not exceed four." In order to conform with the provisions of the Law on Organization of the Government, the Ministry of Finance has proposed the Prime Minister to amend Clause 1, Article 4 of the draft Decision as follows: "The General Department of Taxation shall have one General Director and no more than four Deputy General Directors " If the draft is approved, the General Department of Taxation will have only four deputy heads instead of six deputy heads.
For organizations of tax agencies in the provinces and centrally-run cities (referred to as provincial-level Tax Departments), the organizations are maintained as current (according to provincial-level administrative units).
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For organizations of Tax Branches attached to provincial-level Tax Departments, the Ministry of Finance has proposed the Prime Minister for permission the restructuring and rearrangement in the direction of small-scale branches into regional branches (not according to administrative units) under the Provincial-level Tax Department to ensure the Party's policy on apparatus and staff streamlining and restructuring of the contingent of cadres, civil servants and officials.
By Thuy Linh/ Huyen Trang