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THE MINISTRY OF FINANCE OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No: 31/2026/TT-BTC |
Hanoi, March 27, 2026 |
ON DELEGATION OF POWERS TO IMPLEMENT CERTAIN STATE MANAGEMENT TASKS AND POWERS OF THE MINISTRY OF FINANCE
Pursuant to Law on Government Organization No. 63/2025/QH15;
Pursuant to Decree No. 29/2025/ND-CP dated February 24, 2025 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Finance, which is amended by Decree No. 166/2025/ND-CP;
At the request of the Director of the Department of Legal Affairs;
The Minister of Finance hereby issues a Circular on delegation of powers to implement certain state management tasks and powers of the Ministry of Finance.
Article 1. Scope and regulated entities
1. Scope
This Circular provides for the delegation of powers to implement certain state management tasks and powers of the Ministry of Finance.
2. Regulated entities
a) Units under the Ministry of Finance, including: Insurance Supervisory Authority, Department of State Reserves, Department of National Statistics, Foreign Investment Agency, Public Procurement Agency, Department of Price Management, Department of Debt Management and Foreign Economic Relations, Accounting and Auditing Supervision and Management Department, State-Owned Enterprise Development Department, Sole Proprietorship and Collective Economy Development Department, Department of Public Asset Management, Tax Policies, Fees and Charges Supervisory Authority, State Securities Commission, State Treasury;
b) Organizations and individuals related to the performance of tasks and powers delegated specified in this Circular.
1. Ensure unified and comprehensive management in insurance business, state reserves, outbound investment, statistics, pricing, accounting, auditing, sole proprietorship development, bidding, securities, state treasury, taxes, fees and charges, public debt management, management and investment of state capital in enterprises, and management of the National Database on Public Assets for units under the Ministry of Finance.
2. Ensure unified and comprehensive management in insurance business, state reserves, outbound investment, statistics, pricing, accounting, auditing, sole proprietorship development, bidding, securities, state treasury, taxes, fees and charges, public debt management, management and investment of state capital in enterprises, and management of the National Database on Public Assets for units under the Ministry of Finance.
3. Ensure alignment with the professional capabilities of the units, meeting the objectives of simplifying administrative procedures, reducing intermediaries, minimizing implementation costs, promoting responsibility, autonomy, and accountability of units and their leaders, and improve the proactiveness and flexibility in task performance.
Article 3. Responsibilities of delegated units
1. Units that have been granted delegated powers under this Circular are not permitted to further delegate the powers to perform the tasks and powers they have been granted, and are fully accountable to the law and the Minister of Finance for the results of the delegated tasks and powers.
2. Annually (no later than December 15th), delegated units under this Circular shall report to the Minister of Finance on the assessment of the results of the delegated tasks and powers.
3. Submit ad hoc reports on the performance of delegated tasks and powers as requested by the Minister of Finance.
4. Promptly propose and report to the Minister of Finance (through the Department of Legal Affairs) for consideration of adjustments and additions to the regulations on delegation to ensure compliance with the law, the unit’s work requirements, and the necessary conditions for performing the delegated tasks and powers.
Article 4. Delegation of powers to execute tasks and powers in insurance business
The Insurance Supervision Authority is delegated the following tasks and powers in the insurance business:
1. Approving or rejecting the method and basis for calculating insurance premiums for microinsurance products, or changing the method and basis for calculating insurance premiums for microinsurance products as specified in Clause 2 of Article 145 of the Law on Insurance Business No. 08/2022/QH15, and Article 6 of Decree No. 21/2023/ND-CP dated May 5, 2023 of the Government, on microinsurance.
2. Approving or rejecting the method and basis for calculating insurance premiums or changing the method and basis for calculating insurance premiums for life insurance and health insurance products as specified in Clause 3 of Article 87 of the Law on Insurance Business No. 08/2022/QH15 amended by Law No. 139/2025/QH15, and as prescribed by the Government.
3. Approving or rejecting the method and basis for establishing technical reserves, or changing the method and basis for establishing technical reserves as specified in Clause 3 of Article 97 of the Law on Insurance Business No. 08/2022/QH15, and Article 45 of Decree No. 46/2023/ND-CP dated July 1, 2023 of the Government, elaborating the Law on Insurance Business.
4. Approving or rejecting the method of distributing surplus or changing the method of distributing surplus in life insurance as specified in Article 101 of the Law on Insurance Business No. 08/2022/QH15 amended by Law No. 139/2025/QH15, and Article 53 of Decree No. 46/2023/ND-CP.
5. Approving or rejecting the principle of separating equity and insurance premiums, or change the principle of separating equity and insurance premiums of life insurer as specified in Article 101 of the Law on Insurance Business No. 08/2022/QH15 amended by Law No. 139/2025/QH15, and as prescribed by the Government.
6. Approving or rejecting the change of the registered office location of insurers, reinsurers, and foreign branches in Vietnam as specified in point a of clause 1 of Article 74 of the Law on Insurance Business No. 08/2022/QH15 and Article 18 of Decree No. 46/2023/ND-CP.
7. Approving or rejecting the change of the registered office location of insurance brokerage companies as specified in point a of clause 1 of Article 136 of the Law on Insurance Business No. 08/2022/QH15 and Article 66 of Decree No. 46/2023/ND-CP.
8. Approving or rejecting the change of appointed actuary of the insurers, reinsurers, foreign branches in Vietnam as specified in point d of clause 1 of Article 74 of the Law on Insurance Business No. 08/2022/QH15 and Article 24 of Decree No. 46/2023/ND-CP.
9. Recording the opening, closure, and changes to the name and location of branches and representative offices of insurers, reinsurers, and insurance brokerage companies as prescribed in point b of clause 3 of Article 74, and point b of clause 2 of Article 136 of the Law on Insurance Business No. 08/2022/QH15 amended by Law No. 139/2025/QH15.
10. Publishing the content of changes to the location of headquarters, changes to the President of the Board of Directors or President of the Board of Members, General Director or Director, and appointed actuary of insurers, reinsurers, foreign branches in Vietnam, and insurance brokerage companies on the Ministry of Finance’s website portal as prescribed in clause 2 of Article 74, and clause 3 of Article 136 of the Law on Insurance Business No. 08/2022/QH15.
Article 5. Delegation of powers to execute tasks and powers in state reserves
The Department of State Reserves is delegated the following tasks and powers in state reserves:
1. Deciding the methods of purchasing and selling national reserve commodities under the management authority of the Ministry of Finance as specified in Article 48 of the Law on National Reserves No. 22/2012/QH13.
2. Deciding on capital reduction for national reserve commodities under the authority of the Minister of Finance as specified in Decree No. 94/2013/ND-CP dated August 21, 2013 of the Government, elaborating the Law on National Reserves amended by Decree No. 126/2025/ND-CP.
3. Appraising or inspecting the statement of state budget from national reserve expenditures as prescribed by law.
Article 6. Delegation of powers to execute tasks and powers in outbound investment
The Foreign Investment Agency is delegated the following tasks and powers in outbound investment:
1. Receiving applications for the issuance, adjustment, termination, re-issuance, and correction of Certificates of Registration for outbound investment for projects with outbound investment capital under VND 1.600 billion and not falling under the cases proposing the application of special support mechanisms and policies as prescribed by law.
2. Seeking opinions from relevant agencies and organizations on the issuance, adjustment, and termination of Certificates of Registration for outbound investment for projects with outbound investment capital under VND 1.600 billion and not falling under the cases proposing the application of special support mechanisms and policies as prescribed by law.
3. Granting, adjusting, terminating, reissuing, correcting, or refusing to grant, adjust, terminate, reissue, or correct Certificates of Registration for outbound investment for projects with outbound investment capital under VND 1.600 billion and not falling under the cases proposing the application of special support mechanisms and policies as prescribed by law.
Article 7. Delegation of powers to execute tasks and powers in statistics
The Department of Statistics is delegated the following tasks and powers in statistics:
1. Issuing annual statistical survey plans as specified in Clause 12 of Article 1 of the Statistics Law No. 138/2025/QH15, and Clause 2 of Article 3 of the National Statistical Survey Program issued together with Decision No. 03/2023/QD-TTg dated February 15, 2023, of the Prime Minister.
2. Deciding statistical surveys outside the national statistical survey program to collect information on statistical indicators serving the management requirements of the Ministry of Finance but not belonging to the national statistical indicator system as specified in Article 30 of the Statistics Law No. 89/2015/QH13 amended by the Statistics Law No. 138/2025/QH15.
Article 8. Delegation of powers to execute tasks and powers in pricing
The Department of Price Management is delegated the following tasks and powers in pricing:
1. Suspending business activities related to valuation services as specified in Article 7 of Decree No. 78/2024/ND-CP dated July 1, 2024 of the Government, elaborating the Law on Prices regarding valuation.
2. Revoking the Certificate of Eligibility to conduct valuation services as specified in Article 8 of Decree No. 78/2024/ND-CP of the Government.
3. Notifying the refusal of issuance or reissuance of the Certificate of Eligibility to conduct valuation services, citing the reason that the applicant does not meet the registration requirements as specified in point b of clause 4 of Article 4, and clause 2 of Article 6 of Decree No. 78/2024/ND-CP of the Government.
4. Notifying the list of valuers as stipulated in Article 46 of Law No. on Prices.
5. Announcing the online training, refresher training, continuing professional development as specified in Clause 3, Article 3 of Circular No. 39/2024/TT-BTC dated June 16, 2024, issued by the Minister of Finance, on training, refresher training, continuing professional development (CPD) in valuation and issuance of certificates of valuation training.
6. Announce the orientation of continuing professional development in valuation for the preceding year before December 31st of each year as specified in Clause 2 of Article 22 of Circular No. 39/2024/TT-BTC.
Article 9. Delegation of powers to execute tasks and powers in Accounting
The Accounting and Auditing Supervision and Management Department is delegated the following tasks and powers in accounting:
1. Suspending the practice of accounting services and suspending the provision of accounting services as prescribed in point c of clause 2 of Article 71 of the Law on Accounting No. 88/2015/QH13.
2. Revoking the Certificate of Eligibility to provide accounting services and the Certificate of Registration for practicing accounting services as specified in point c of clause 2 of Article 71 of the Law on Accounting No. 88/2015/QH13.
3. Publicly disclose information about accounting service providers and accountants practicing in accordance with Clause 1, Article 13 of Circular No. 297/2016/TT-BTC dated November 15, 2016, issued by the Minister of Finance on the issuance, management, and use of Certificates of Eligibility to provide accounting services, and Clause 1 of Article 14 of Circular No. 296/2016/TT-BTC dated November 15, 2016, issued by the Minister of Finance on guidance on the issuance, revocation, and management of Certificate of Registration for practicing accounting services.
Article 10. Delegation of powers to execute tasks and powers in auditing
The Accounting and Auditing Supervision and Management Department is delegated the following tasks and powers in auditing:
1. Suspending auditing practice and suspension of provision of auditing services as specified in point d of clause 2 of Article 11 of the Law on Independent Auditing No. 67/2011/QH12, and Article 12 of Circular No. 202/2012/TT-BTC dated November 19, 2012, issued by the Minister of Finance guiding the registration, management, and publication of list of auditors practicing audit amended by Circular No. 05/2025/TT-BTC.
2. Revoking the Certificate of registration for auditing practice and the Certificate of Eligibility to provide auditing services as specified in Article 13 of Circular No. 203/2012/TT-BTC dated November 19, 2012, of the Minister of Finance on the procedures for granting, managing, and using the Certificate to provide auditing services, and Article 13 of Circular No. 202/2012/TT-BTC amended by Circular No. 05/2025/TT-BTC.
3. Publicly disclosing information regarding auditing, including:
a) Information on practicing auditors as specified in Article 11 of Circular No. 202/2012/TT-BTC amended by Circular No. 05/2025/TT-BTC;
b) Information on the auditing firm as specified in Article 18 of Circular No. 203/2012/TT-BTC;
c) Information on the auditing firm, branches of foreign auditing firms in Vietnam, and practicing auditors approved to audit the financial statements of public interest entities as stipulated in Article 10 of Decree No. 84/2016/ND-CP dated July 1, 2016 of the Government, on eligibility requirements for practicing auditors and auditing firms accredited to provide audit services for public interest entities.
4. Announce the decision to suspend provision of auditing services as specified in Clause 3, Article 12 of Circular No. 203/2012/TT-BTC amended by Circular No. 05/2025/TT-BTC.
Article 11. Delegation of powers to execute tasks and powers in public debt management
The Department of Debt Management and Foreign Economic Relations is delegated the following tasks and powers in public debt management:
1. Review and process applications for withdrawal of ODA and concessional loans, and sign ODA/concessional loan withdrawal application to be sent to donors in accordance with Articles 72 and 73 of Decree No. 242/2025/ND-CP dated September 10, 2025 of the Government, on the management and use of official development assistance (ODA) and concessional loans.
2. Notify the on-lending projects in accordance with Clause 3, Article 29 of Decree No. 97/2018/ND-CP dated June 30, 2018 of the Government, On-lending of ODA and concessional loans of the Government.
3. Notify relevant agencies about guarantee fees in accordance with Decree No. 91/2018/ND-CP dated June 26, 2018 of Government, on the issuance and management of government guarantees.
4. Reconcile the debt with the final borrower, which is the Provincial People’s Committee or the agency authorized to apply on-lending mechanism as specified in Decree No. 97/2018/ND-CP.
5. Select a bank for the program/project using ODA loans and foreign concessional loans as specified in Article 60 of Decree No. 242/2025/ND-CP.
6. Sign a Deposit Agreement and a Trust Agreement as specified in Decree No. 92/2018/ND-CP dated June 26, 2018 of the Government on the management and use of the Debt Repayment Accumulation Fund and Circular No. 109/2018/TT-BTC dated November 15, 2018 of the Minister of Finance guiding the accounting policies applicable to the Debt Repayment Accumulation Fund.
Article 12. Delegation of powers to execute tasks and powers in sole proprietorship development
The Sole Proprietorship and Collective Economy Development Department is delegated the following tasks and powers in sole proprietorship development:
1. Notify ministries, ministerial agencies, Governmental agencies, and local governments which are unable to balance the budget about SME assistance tasks utilizing central government budget as specified in point c of clause 1 of Article 19 of Circular No. 06/2022/TT-BKHDT dated May 10, 2022 of the Ministry of Planning and Investment (now the Ministry of Finance) guiding Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium-sized Enterprises.
2. Appraising or inspecting the statement of state budget from allocated for enterprise support expenditures in accordance with the law and the assignment of the Minister of Finance.
Article 13. Delegation of powers to execute tasks and powers in management and investment of state capital in enterprises
The State-owned Enterprise Development Agency is delegated the following tasks and powers in sole proprietorship development
1. Disclose information in accordance with Clauses 2 and 3 of Article 55 of the Law on management and investment of state capital in enterprises No. 68/2025/QH15, and Articles 42 and 43 of Decree No. 365/2025/ND-CP dated December 31, 2025 of the Government, on supervision, inspection, assessment, classification, reporting, and public disclosure of information in the management and investment of state capital in enterprises.
2. Organize the implementation and handling of indirect supervision results:
a) For the owner’s representative agency specified in Section 2 of Chapter II of Decree No. 365/2025/ND-CP;
b) For enterprises where the State-owned Enterprise Development Agency is assigned to advise and assist the Minister of Finance in exercising the rights and responsibilities of the owner’s representative agency as specified in Section 3 of Chapter II of Decree No. 365/2025/ND-CP.
3. Monitor and urge the owner’s representative agency to implement petitions, warnings, solutions, and instructions from competent authorities as specified in Point d of Clause 1 of Article 13 of Decree No. 365/2025/ND-CP.
4. Collect and manage the financial information of enterprises to serve management and supervision as specified in Point c of Clause 3 of Article 16 of Decree No. 365/2025/ND-CP.
5. Approve and issue the annual work plan of the Board of Controllers and the Controllers for enterprises that the Department of State-Owned Enterprise Development is assigned to advise and assist the Minister of Finance in exercising the rights and responsibilities of the owner’s representative agency as stipulated in Article 9 of Decree No. 47/2021/ND-CP dated April 1, 2021 of the Government elaborating the Law on Enterprises.
6. Consolidate estimates, appraise or inspect the statements of the state budget from the expenditures to support enterprises and other subjects as prescribed by law and assigned by the Minister of Finance.
Article 14. Delegation of powers to execute tasks and powers in bidding
The Public Procurement Agency is delegated the following tasks and powers in bidding:
1. Monitor the contractor selection through information and data synthesized on Vietnam National E-Procurement System (VNEPS) as specified in point c of clause 1 of Article 132 of Decree No. 214/2025/ND-CP dated August 4 of the Government, 2025, on elaboration of and measures for implementation of the Law on Bidding regarding contractor selection.
2. Announce on the VNEPS the method of organizing contractor selection during periods when the VNEPS experiences a prolonged downtime requiring extensive troubleshooting as specified in clause 28 of Article 140 of Decree No. 214/2025/ND-CP of the Government and Article 6 of Circular No. 79/2025/TT-BTC dated August 4, 2025 of the Minister of Finance, on providing guidelines for provision and publishing of information on bidding and forms of bidding documents on Vietnam National E-Procurement System.
Article 15. Delegation of powers to execute tasks and powers in management of National Database on Public Assets
The Department of Public Asset Management is delegated power to perform some tasks and powers in the management of the National Database on Public Assets as specified in Clause 1, Article 6 of Circular No. 48/2023/TT-BTC dated July 12, 2023, of the Minister of Finance on guidance on the management, use, and operation of the Public Asset Management Software (hereinafter referred to as the Software):
1. Develop requirements for reporting and declaring public assets in accordance with laws on the management and use of public assets in each period as a basis for building and upgrading the Software.
2. Create and approve accounts of units as specified in point a of Clause 1 of Article 8 of Circular No. 48/2023/TT-BTC; Review the accounts of the units authorized to input data as specified in points b and c of Clause 1 of Article 8 of Circular No. 48/2023/TT-BTC, based on written requests from the financial agencies of ministries, central agencies, and Departments of Finance.
3. Organize training and support for agencies, organizations, and units in entering, reviewing, and standardizing data in the Software; extracting and using information in the software and other related operations.
4. Provide guidance, inspect, and urge agencies, organizations, and units to enter, review, and standardize data in the Software.
5. Cooperate with relevant agencies in handling related issues in case of changes to public asset management indicators in Appendix I and Appendix II issued with Circular 48/2023/TT-BTC.
6. Receive and process connection requests from ministries, central agencies, and provincial People’s Committees.
Article 16. Delegation of powers to execute tasks and powers in taxes, fees and charges
The Tax Policies, Fees and Charges Supervisory Authority is delegated power to sign written professional and technical guidance for taxpayers, fee and charge payers, fee and charge collectors, and tax management agencies at all levels for documents assigned to take charge, guidance directly related to tax policies, fees and charges that have been clearly elaborated in the system of legislative documents; make response that does not change the content of legal regulations and does not create new regulations (excluding the signing of guiding documents on the application of legislative documents as specified in Article 61 of Law No. 64/2025/QH15 on the Issuance of Legislative Documents).
Article 17. Delegation of powers to execute tasks and powers in securities
The State Securities Commission is delegated the power to issue internal procedures and electronic procedures for handling each administrative procedures in the securities sector, as specified in Clause 5 of Article 36 of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government, on initiation of administrative procedures by employing single-window system and inter-agency single-window system at single-window section and national public service portal.
Article 18. Delegation of powers to execute tasks and powers in state treasury
The State Treasury is delegated the authority to issue internal procedures and electronic procedures for handling each administrative procedure in the field of state treasury as specified in Clause 5 of Article 36 of Decree No. 118/2025/ND-CP.
Article 19. Forms used for resolving administrative procedures in certain state management fields of the Ministry of Finance
1. 10 forms are issued in Appendix I attached to this Circular to resolve administrative procedures in outbound investment.
2. 03 forms are issued in Appendix I attached to this Circular to resolve administrative procedures in pricing.
TRANSITIONAL PROVISIONS AND IMPLEMENTATION PROVISIONS
Article 20. Transitional provisions
Documents and papers issued by the Ministry of Finance that have not yet expired or have not yet reached their expiration date shall continue to be used in accordance with the law until their expiration date or until they are amended, supplemented, replaced, repealed, canceled, or withdrawn by a competent authority.
1. This Circular comes into force from March 27, 2026.
2. If the documents referred to in this Circular are amended or replaced, the newer documents shall apply.
3. Shall any problems arise during the implementation process, promptly report to the Ministry of Finance (Department of Legal Affairs) for review and resolution./.
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PP. MINISTER Tran Quoc Phuong |
