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Charter Of The Ministry Of Finance

Original Language Title: Finansu ministrijas nolikums

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Cabinet of Ministers Regulations No. 39 (. 11, 3. §) 1995 in Riga on February 21, the Ministry of Finance Regulations Issued in accordance with the law "on 1 April 1925 the law" the cabinet installation "restore" article 14 (3) (I). General questions 1. the Ministry of Finance (hereinafter the ' Ministry ') is the national regulatory authority to develop short-and long-term financial, tax, customs, securities and credit policies, draw up and manage the national budget.
2. the Ministry shall operate in a Constitution, laws, Cabinet of Ministers issued the law, this Charter and other laws.
3. The Ministry is a legal person, it is the seal of the Republic of Latvia with the great coat of arms image and full name of the Ministry.
 
II. functions of the Ministry Ministry 4 performs the following functions: 4.1 financial and budget planning, social sphere, public institutions, public security, the nation's farm and law enforcement in the field of financing: 4.1.1 collects general budget of the Republic of Latvia and the macro-economic indicators of development determines the rules and constraints;
4.1.2. develop national budgeting and execution of rules and instructions, methodically led by national financial and budget planning; in cooperation with other ministries organized the compilation of the project to the State budget and submit it to the Cabinet to accept;
4.1.3. develop national financial and budget planning and participating in local government budgeting legal drafting;
4.1.4. all State budget tool resources accounts in banks;
4.1.5. the State budget appropriations for performers or future obligations, the powers set out in the order of the appropriations in accordance with the law, and ensure that expenditure from the State budget does not exceed the appropriation;
4.1.6. following the Government's progress and predicts its performance, delay the appropriations if it is expected that the national budget deficit in the year exceed the annual law on the State budget deficits;
4.1.7. sorts of financial accounting, the official registering the national budget accounts, assets and liabilities;
4.1.8. make special budgetary appropriations;
4.1.9. participating from the budgets of State and local government institutions and organizations financed employee wage and material stimulus system development, the national governing body of the machine and the number of employees, wage determination of the maximum amount of the Fund;
4.1.10. developing and implementing provisions for the municipal budget and special budget reports (reports) and the municipal budget of income and expenditure classification of the law "on budget and financial management" (Latvian journal, 1994, nr. 41) in the order;
4.1.11. short-term investment shall deposit or securities of the Republic of Latvia in the form of money management, using the money that is in the budget the Treasury accounts, after the deadlines and such terms and conditions as the Department considers acceptable, as well as eliminates such investments to ensure the National Treasury;
4.1.12. in accordance with the budget appropriations in the interest of economy and efficiency shall designate the type of loan and the lender;
4.1.13. the accounts of the State's internal and external debt obligations, as well as the costs of servicing the public debt;
4.1.14. in accordance with the budget appropriations of the short-term loans given to municipalities in their short-term financial management purposes;
4.2. tax legislation: 4.2.1 developing draft legislation of taxes, duties and other compulsory payment fixed by the legislation;
4.2.2. evaluate and make decisions about the company (the company) submissions on the overdue State budget should include the payment of tax and the extension of the previously calculated the delay reduction;
4.2.3. draw up proposals on the State duty for the object and state the maximum rate of the fee review, follow-up and clarification;
4.2.4. in matters within their competence, in the development of the calculation of taxes and duties and the collection of instructions and procedures according to the laws of the Republic of Latvia;
4.3. the customs tariff and the legislative area: 4.3.1. draw up proposals and customs duties, payment of the customs duties, as well as propose amendments to customs related legislation and customs tariff rates;
4.3.2. developing a customs tax calculation and collection of the related draft legislation;
4.3.3. ensure Advisory Council working customs tariff customs tariff;
4.3.4. maintains the harmonized commodity description and coding system and the uniform nomenclature and articulates it with specific commodity codes;
4.4. in the sphere of external economic relations: 4.4.1. jointly with the Ministry of Foreign Affairs to assess the international organizations and foreign humanitarian assistance programmes and projects, proposals to join international organisations, as well as collects and evaluates foreign and international credit offerings, prepares proposals on the use of credit and collect information on foreign aid projects submitted for marketing;
4.4.2. collect foreign credit requests, coordinate the distribution and use of credits in accordance with the economic Ministry's priorities and criteria, as well as, if necessary, put a credit request;
4.4.3. the task of the Cabinet, in cooperation with other ministries prepare intergovernmental and international financial contract projects, prepare for the conclusion of the credit and investment contracts, as well as the International Convention for financial organizations and other countries for double non-taxation, organized and coordinated by the respective approved financing of projects and programmes;
4.4.4. working with international economic organizations, as co-owner of Latvia provides a full-fledged operation, collects information about the World Bank, the European bank for reconstruction and development, the European investment bank and other projects, as well as future cooperation priorities;
4.4.5. the Ministry coordinates activities associated with World Bank rehabilitation credit and Japan export and import bank credit sales, according to World Bank standards, preparing documents for receiving the credit, establish a list of documents that must be submitted to the credit auctions, helping ministries suppliers choose;
4.4.6. in cooperation with other ministries shall coordinate and control the foreign credit, technical and humanitarian assistance, as well as contributions to international organizations and their usefulness. Control of external debt repayment, studying the problems resulting from the cooperation with other countries and related to currency and financial relations;
4.4.7. jointly with the Ministry of Foreign Affairs of the European integration Office analyzes the economic integration process in Latvia in the European Union, proposes economic integration and trade promotion measures and legislative harmonization;
4.5. development of economic analysis, forecasts, and financial systems development: 4.5.1. in consultation with the Ministry of economy and the State Committee on statistics: 4.5.1.1. provides economic and financial analysis, national macroeconomic development models, forecasts and scenarios for the development of the necessary economic and regulatory data collection and systematic in the computerised database creation, its systematic updating;
4.5.1.2. prepare scenarios according to economic trends in macroeconomic development in support of national and local development and budget management;
4.5.1.3. the national investment programme macro-economic evaluation;
4.5.1.4. the systematic research and analysis and to evaluate the economic development of the sector, public enterprises and organisations operating in the financial transaction, financial infrastructure and financial markets, changes in the share capital and the depreciation allowance rate economic efficiency;
4.5.2. in matters within their competence, establish and approve the accounting for the sort of necessary instructions and recommendations (recommendations);
4.5.3. make monitoring and the insurer shall issue a special permit (license) for the insurance operations, the insurance intermediaries in the licence;
4.5.4. licences shall be issued by certified auditor and the auditor and certified auditor carried out activities;
4.5.5. the control and audit work and the Ministry of supervision in existing institutions and held national enterprises;
4.5.6. State tax contingency forecasting, as well as state tax forecasting, which is paid to local budgets;
4.6 securities market regulation and development: 4.6.1 provides securities market, stock exchanges, lotteries, gambling development of systematic analysis to determine the provisions of the regulation with the securities business;
4.6.2. address of the securities market development current theoretical problems and implement in practice the world experience positive knowledge;
4.6.3. all types of lotteries and gambling records and organizes the business licensing;
4.6.4. distributes the State precious metals policy, organise special permission (license) the issuance of precious metals, precious and their product purchasing, processing, production and sales in the Republic of Latvia;
4.7. other laws and Cabinet issued legislation in certain functions.

5. the execution of these functions, the Ministry is entitled to: 5.1 receive from credit news on public companies (companies) and the national authority for financial operations and accounts;
5.2. to restrict or suspend the institutions, organizations and companies financing from the State budget, if they used illegal means or have not submitted reports on use of funds allocated in the past and the other in certain reports, and notify their respective ministries and other administrative bodies, as well as the heads of their competence to apply other laws and Cabinet of Ministers law set penalties;
5.3. jointly with the banking authorities to submit ministries, other public administration institutions and the Cabinet proposals to eliminate or reorganize the provisions laid down in those companies and organizations which do not fulfil the obligations related to the budget;
5.4. to receive from the State bodies, local authorities and institutions dealing with economic activities, statistical and other information;
5.5. to recover the balance in the general revenue the amount paid and not to recover the delay on the State budget in the amount payable to the untimely or incomplete instalment State Treasury budget accounts;
5.6. to set off the amount of general revenue, withdraw or suspend the appropriations according to the law "on budget and financial management", to cover the losses caused to the budget;
5.7. If there is a breach of the financial management rules, shared with departments regarding budget performers to take the following measures: 5.7.1. take away the authority to temporarily reassign or tool of budgetary revenues or expenses;
5.7.2. define budget account use restrictions;
5.7.3. withdraw or suspend the appropriations to be reimbursed illegally spent funds, as well as require the illegal reimbursement of the funds spent;
5.8. in matters within their competence, to perform any other actions that are defined by law and issued by the Cabinet of Ministers regulations.
 
III. officials of the Ministry Ministry headed by 6 the Minister of Finance (the "Minister"), which is politically responsible to Parliament for the activities of the Ministry.
7. the Minister is entitled: 7.1 without special authorisation to represent the Ministry in other institutions;
7.2. to issue orders on the competence of the Ministry issues;
7.3. to approve the Ministry's central apparatus Department regulations, as well as to the Ministry and law Ministry overseeing the cases set out in the existing institutions and corporate regulations or statutes;
7.4. the control unit of the Ministry of labour;
7.5. to recommend to the Minister of State in the Prime Minister and the Parliamentary Secretary's nomination, as well as to require that the resignation of officials;
7.6. to appoint and release from a post of State Secretary of the Ministry in accordance with the law "on State civil service";
7.7. consider any competence of the Secretary of State, as well as to declare void the Secretary's order, if it is in conflict with the law, the Cabinet of Ministers issued laws or ordinances of the Minister;
7.8. to identify the Minister directly to the employee;
7.9. to carry out other laws and Cabinet issued legislation in certain functions.
8. The Ministry is the Minister of State. Each State Minister: 8.1 runs the job entrusted to him in the competence of the Ministry and is politically responsible to Parliament for its activities;
8.2. without express authorisation by the representative of the Ministry in the field entrusted to him;
8.3. orders issued within the limits of its competence and mandate.
9. the Parliamentary Secretary: 9.1. ensure the Ministry's relationship with the Parliament, its committees and factions;
9.2. the representative of the Minister and the Minister of State political views in the Parliament;
9.3. counsel Ministry prepare bills in the Parliament, the Commission and other national institutions.
10. The Secretary of State directs the Ministry's administrative work and ensure the continuity of its work, the Ministry's political leadership Exchange.
11. The Secretary of State is a State civil servant (official candidate), who performs the following functions: 11.1 issues orders in all matters within the competence of the Ministry, if legislation such power is not only intended for the Minister;
11.2. in matters within their competence, without special authorisation represents the Ministry in other State institutions;
11.3. Approves the central apparatus of the Ministry staff list under the State budget to the Ministry specified wage fund and state the number of units;
11.4. recruiting and exempted from the work of the Ministry's employees in accordance with the law "on State civil service" and the labour code of Latvia;
11.5. the activities of the Ministry provide appropriate funding allocations, as well as submit proposals to the Minister of the Ministry of action requires legal and administrative support.
12. The Secretary of State's Deputy budget and Deputy administrative economic issues. Deputy State Secretary, the allocation of functions and their subordinate departments of the Ministry of the Minister determines by order.
Deputy Secretary of State are State civil servants (officials of the candidates).
13. The Ministry's departments headed by the Director of the Department, who are civil servants (officials of the candidates). The Director of the Department's functions, rights and responsibilities are defined in the regulations of the Department, as well as the description of duties.
14. The Department is a Department of the unit or directly to the Secretary or Deputy Secretary of State. The departments managed by department heads, which is national civil servants (officials of the candidates). Chapter Manager functions, rights and responsibilities are defined in the relevant section of the Statute, as well as the description of duties.
 
IV. the structure of the Ministry of the central apparatus of the Ministry 15 contains the following departments: 15.1. Department of Budget;
15.2. the Department of external economic relations;
15.3. the Security Department;
15.4. Fiscal Policy Department;
15.5. the customs tariff and the Legislative Department;
15.6. The economic analysis and projections Department;
15.7. State insurance supervision Department;
15.8. The Legal Division;
15.9. The personnel department;
15.10. the chapter of the Protocol;
15.11. the Audit Department;
15.12. Accounting and reporting methodology chapter;
15.13. the chapter of the holding;
15.14. Registry.
16. The Department, as well as the Ministry's own chapter of the tasks and functions specified in the regulations as approved by the Minister by order.
17. the service description of the tasks of the Department and determines the scope of the mission staff, as well as regulated by the Department and department managers and employees of the service.
 
V. the Ministry and supervision of existing government institutions and State-held companies and banks 18. The Ministry is: 18.1 the Treasury;
18.2. The alcohol monopoly Department;
18.3. the technical unit.
19. under the supervision of the Ministry are: 19.1. The State revenue service;
19.2. The State property Fund;
19.3. the process of monitoring the State Inspectorate;
19.4. The accounting guidance Council.
20. The Ministry responsible for such national companies and banks, which are not included in the Ministry's structure: 20.1. national insurance company "Latvian";
20.2. State firm Latvijas Loto ";
20.3. the State company "name";
20.4. the national auditorkontrol company "Interaudit";
20.5. the National Computing Centre;
20.6. the national joint stock company "Latvian savings bank";
20.7. joint stock company "Latvian investment bank";
12.9. The Latvian mortgage and land bank;
20.9. joint stock company "Latvian universal bank".
 
Vi. Closing questions 21. Be declared unenforceable Cabinet of 12 October 1993 decision No 26 "On pagaidnolikum of the Ministry of finance" (Latvian journal, 1993, nr. 100).
Prime Minister m. cock financial Minister, Deputy Prime Minister Mr Piebalgs at the Cabinet of Ministers Regulations No. 40 see. p. 1.