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Organisation and mandating decision of the Ministry of Finance 2015

Original Language Title: Organisatie- en mandaatbesluit Ministerie van Financiën 2015

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Regulation of the Minister of Finance of 26 October 2015, establishing the Organisation and Mandate of the Ministry of Finance 2015

The Minister of Finance,

Having regard to Article 10: 3 of the General Administrative Law Act ;

Decision:

Chapter 1. Definitions

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Article 1. : Concepts

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For the purposes of this Arrangement and the provisions based thereon, the following definitions shall apply:

  • a. the Ministry: the Ministry of Finance;

  • b. the Nuclear Ministry: the Ministry of Finance excluding the Tax Office;

  • c. the Minister: the Minister of Finance;

  • ed. State Secretary: State Secretary for Finance;

  • e. For example: the Minister or the State Secretary for Finance;

  • f. General guidance: the administrative management of the Ministry and the Directorates-General, including the Generale Thesaurie, of the Ministry;

  • g. Mandate: the power to take decisions in the name of a trustee;

  • h. Proxy: the power of a proxy to another, the authorised representative, to carry out legal acts governed by private law in his name;

  • i. (Head) Budget holder: Head of an organization unit responsible for the financial management of one or more budgets.

Chapter 2. General management

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Article 2. : Mission and task assignment

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The ministry is working on a good financial household of the Netherlands, collects taxes based on sound fiscal regulations and looks at the efficient use of public money. The Ministry is making rules for the proper functioning of the financial system and is working to create a strong economic structure anchored in an economically and financially sound Europe.

The general direction shall apply the basic values of the Ministry and shall ensure the promotion of these values among the employees. It fosters the dedication, the expertise, the professionalism and the approvability of the employees. The general leadership provides space for talent in the organization and promotes collaboration between service parts and with other ministries. The general management and management of the resources entrusted to it shall be accountable in an insightful manner.


Article 3. : Secretary-General

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  • 1 The Secretary-General (the SG) is responsible for the administrative management of all the activities of the Ministry. The SG shall ensure coordination of the main lines of policy preparation and implementation within the Ministry and shall ensure the responsibility of ministerial level.

  • 2 The SG gives collegial guidance to the Directors-General, including the Treasury General (the DGs).

  • 3 The SG is responsible for the policy areas of the boards and services under him, mentioned in Article 7 (a) (b) , for the coherence between these policies and for their operations. The SG shall give a collegial guidance to the directors of the SG and shall provide for the necessary sub-mandates of those Directors.

  • 4 The SG makes a replacement replacement scheme in the absence of his/her absence.


Article 4. : Directors-General

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The DGs are responsible for the policy areas of the Directorates which are responsible for the management of the Article 7 (c) to (f) , for the coherence between these policies and for their operations. The DGs have an alternate who will replace them in their absence. The DGs shall provide a collegial guidance to the directors of the DGs and shall provide for that purpose in the appropriate submandates of those Directors.


Article 4a

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  • 1 There is a chief information officer (the CIO).

  • 2 The CDI shall have the following main tasks:

    • • request the administrative and political leadership and advise unsolicits on the objective, implementation, costs and risks of large ICT projects;

    • • Assess the launch of ICT projects and at critical times during their implementation;

    • • establish and keep up to date departmental strategy and vision for automated information and ICT, and develop and maintain these from the richly agreed frameworks, departmental architecture and standards;

    • • Monitoring the coherence of information and ICT projects within the Ministry through application and project portfolio management;

    • • monitoring compliance with the State-wide frameworks within the Ministry and making requirements for project management methodologies based on the national frameworks, and supporting audits, reviews, and second opinions.

  • 3 The SG assigns a CIO.


Article 5. : Collegiate consultations

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  • 1 There is a board of directors. The following staff members regularly hold collegial consultation on the main lines of policy development and implementation in the Board, on the broad outlines of departmental management and on everything else necessary for a good working life. functioning of the Ministry:

    • a. the SG;

    • b. the Director-General for Tax Administration;

    • c. the Director-General for Taxation;

    • d. the Director-General of the State budget;

    • e. the thesaurier general;

    • f. the CDI, in respect of his main tasks as referred to in Article 4a, second paragraph.

  • 2 The Board of Directors is chaired by the SG and each of its staff members shall take part in full maintenance of its own responsibilities and powers. The Executive Board of the Administrative and Legal Affairs Committee shall provide the secretariat of the Board.

  • 3 There is a farm transport council. The following staff members shall consult regularly on policy proposals regarding departmental management policies in the farm transport industry:

    • a. A member of the Management team of the Directorate-General for Tax Administration;

    • b. the Deputy Director-General for Taxation;

    • (c) the Deputy Director-General of the State Budget;

    • d. a Director of the Generale Thesaurie;

    • e. the Director Financial-Economic Affairs;

    • f. the Director of Company Operations;

    • g. a director of the SG cluster.

  • 4 The management board shall have a rotating Presidency and each of its officials shall take part in its deliberations, with the full preservation of its own responsibilities and powers.


Article 6. : Consultations with bewindspersons

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Questions of a politically sensitive or otherwise serious nature shall be in contact with the person concerned by the general management before the use of powers is exercised.

Chapter 3. Organization and tasks

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Article 7. : Organisation Ministry

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The Ministry shall consist of the following organizational components:

  • a. the following ministerial-wide organisational elements of the SG cluster directly covered by the SG:

    • 1. Executive Board General Financial and Economic Policy;

    • 2 °. management of business;

    • 3 °. management of the administrative and legal affairs;

    • 4 °; Communication of the Executive Board;

    • 5 °. the Financial Economic Affairs Directorate.

  • b. The Group-wide organizational parts of the SG cluster referred to below, which are directly responsible under the SG:

    • 1 °. The Audit Service Reich;

    • 2 °. The Domains Roaming department.

  • c. the Tax Office, which is directly covered by the Director-General of Tax Office and of which the Directorate-General for Taxation forms the group staff. The Director-General of Taxation focuses on the organisation of the Tax Service in accordance with the Secretary of State from his responsibility for the Tax Service. The Directorate-General for Tax Service consists of the following elements:

    • 1 °. Cluster Execution Policy;

    • 2 °. Cluster Taxation;

    • 3 °. Cluster Company;

    • 4 °. Cluster Information Policy.

  • d. the following organisational parts of the Directorate-General for Fiscal Affairs, which are directly responsible to the Director-General for Taxation:

    • 1 °. General Tax Policy;

    • 2 °. the Directorate for International Affairs and Consumables;

    • 3 °. the management of Direct Taxation;

  • e. the following organisational parts of the Directorate-General of the State budget, which are directly responsible to the Director-General of the State budget:

    • 1 °. the Directorate for Budget Affairs;

    • 2 °. Inspectorate of State Finance;

  • f. the "Generale Thesaurie" organization components mentioned below, which are directly covered by the thesaurier-general;

    • 1. the Executive Board of Foreign Financial Relations;

    • 2 °. Financial Markets;

    • 3 °. management of financial resources;

    • 4 °. the Agency of the Generale Thesaurie.


Article 8. : Organization Tasks

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  • 1 The organizational parts of the SG cluster as mentioned in Article 7 (a) :

    • a. Support the organizational parts of the Ministry in the fields of organization, personnel, finance, salary, communication, documentary information provision, archive management, facility services and ICT;

    • b. to represent specific ministerial-wide functions concerning:

      • 1. general legal and European advisory opinion;

      • 2 °. political and administrative advisory services of a general nature;

      • 3 °. ancillary work for general management;

      • 4. communication policy and guidance of communication manifestations of the directors and the Ministry;

      • 5 °. the control function for the ministry;

      • 6 °. the policy of integrity;

      • 7 °. The opinion on and research on the financial and economic policy to be implemented.

  • 2 The organizational parts of the SG cluster as mentioned in Article 7 (b) , represent Ministry and State-wide functions as regards:

    • a. the audit function for the Ministry and commissioned by other Ministers to audit other ministries;

    • (b) the management and sale of surplus and movable property seized by public authorities.

  • 3 The Directorate-General for Taxation:

    • a. advises the directors and general management of all matters relating to the Tax Office;

    • b. review proposed legislation on implementation aspects for the Tax Office;

    • c. advises on the implementation policy of fiscal, customs, and recovery legislation;

    • d. advises on the Tax Service's service, supervisory and investigative policy;

    • e. advises on the implementation policy of international data exchange in the field of taxation;

    • f. has a strategy and research function in its policy area;

    • g. conducts the Law on the provision of assistance to the European Commission in the field of on-the-spot checks and inspections Off.

  • 4 The Directorate-General for Taxation:

    • a. advises on the fiscal policy to be implemented and prepares the tax legislation;

    • b. advises on international policy in the fields of taxation and customs;

    • c. prepares legislation and international regulations in the field of direct taxation, consumption taxes and what is related to it and advises on the related policies;

    • d. advises on the policy and prepares legislation for the implementation of markups by the Tax Office.

    • e. has a strategy and research function in its policy area.

  • 5 The Directorate-General for the budget of the Netherlands:

    • a. advises on the control of the collective expenditures of the Empire;

    • b. monitors on behalf of the Minister as a supervisor the effectiveness, effectiveness and lawfulness of collective expenditure;

    • c. proposals for effective budget rules and budget infrastructure;

    • d. provides for transparency on budgetary decision-making;

    • e. has a strategy and research function in its policy area.

  • 6 The General Thesaurus:

    • a. advises on the financial market policy and supervision policy and prepares the legislation necessary for this purpose;

    • b. performs on behalf of the trustee the shareholding in the State participations;

    • c. advises on public-private partnerships;

    • d. advises on foreign financial relations;

    • e. provides for the issue and management of Dutch public debt;

    • f. has a strategy and research function in its policy area.


Article 9. : Temporary Boarders

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  • 1 The SG may, taking into account the tasks mentioned in Article 8 and appropriate within the inside Article 7 set up the main structure of the service components directly attached to it, to set up temporary directionals or project directionals.

  • 2 The SG may authorise the DGs, subject to the tasks set out in Article 7 and appropriate within the inside Article 8 set up the main structure of their Directorate-General, temporary boarders or project directionals.


Article 10. : Organization and mandating decisions SG-cluster and Directorates General

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  • 1 The SG shall adopt an organization and mandate decision for the service components directly attached to it.

  • 2 The DGs, in accordance with the SG, shall adopt an organisation and mandate decision for their Directorate-General.

Chapter 4. Mandates

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Article 11. : Capital Budgeting

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  • 1 The SG and DGs are the chief budget officer in relation to their tasks and are responsible for dealing with financial consequences and approving expenditure within their budgets.

  • 2 The SG, after receiving the opinion of the Director FEZ, shall determine the amount of the budgets referred to in the first paragraph.

  • 3 The main budget holders are responsible for adequate financial management.


Article 12. : Budget holder

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  • 1 The SG and the DGs can for the Article 11 Grant powers under mandate to budget holders.

  • 2 The size of the sub-mandate shall be indicated.


Article 13. Mandate to SG and DGs

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  • 1 The SG and DGs have a mandate, within the framework of the annual plans and within any instructions given by the Minister or on behalf of the Minister, on behalf of the SG, on the adoption of decisions and copies of documents relating to all matters falling within the scope of the belong to their area of activity, unless otherwise provided by law, or the nature of the power is opposed to it. The SG and DGs exercise those powers with due regard to the powers of the works councils established on their service part.

  • 2 The signature of outgoing documents shall be as follows:

    The Minister of Finance, respectively The Secretary of State for Finance,

    on behalf of the

    followed by the designation of the (under) mandated staff member.


Article 14. : Mandate

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  • 1 The SG and the DGs are able to provide each for their area of work under mandate.

  • 2 Directors may mandatethe submandate granted to them. The approval of the SG or the DG is required for under-mandate by a Director.

  • 3 The extent of the sub-mandate shall indicate its size.

  • 4 The Director of Administrative and Legal Affairs shall ensure the public prosecutor's place at the Ministry and publication on the intranet and the Internet site of the Ministry of the Undermandates conferred on it under this Arrangement.


Article 15. : Mandate Registry

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Part of this scheme is a mandate register that is included in Annex 2 . The mandate register contains signatures and initiations of the officials mandated in this Decision.


Article 16. : Staff Decisions

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When taking decisions, disregarding documents and signing outgoing letters relating to all personnel matters concerning the nuclear ministry as intended in the Annex This arrangement shall require the opinion of the Director of Company.


Article 17. : Decisions with financial consequences

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To the extent that any proposed decisions with financial consequences do not fit within the budgets established by the SG, the Director's assent shall be required.


Article 18. : Mandate, power of attorney and authorisation

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For the purposes of applying this system and the provisions based thereon, the granting of a mandate shall be treated as the granting of:

  • a. Power of attorney,

    and

  • (b) authorisation to carry out acts in the name of an undertaking which are neither a decision nor a legal act under private law.

Chapter 5. General provisions relating to the exercise of tasks

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Article 19. : Reserved to bewindspersons

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The use and signature of documents shall be reserved for the breespersons:

  • a. addressed to the Queen;

  • b. addressed to the Council of State;

  • (c) addressed to the Council of Ministers (of the Kingdom);

  • d. addressed to the First or Second Chamber of the States-General;

  • e. addressed to the President of the Court of Auditors;

  • f. addressed to authorities at home and abroad, equal or higher in rank than a minister or secretary of state;

  • g Ministerial Regulations providing general binding rules.


Article 20. : Reserved to the Secretary-General

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The SG is reserved for the signing and signing of documents:

  • (a) on proposals concerning the establishment of the main structure of the Ministry, up to and including the level of boardros;

  • b. concerning the determination of the scale of scale 15 and higher;

  • (c) on the appointment of officials in positions of scale 15 to 18;

  • (d) on decisions on remuneration in accordance with Article 8 and special reward in accordance with Article 22a BBRA of officials in scale 15 to 18, with the exception of the granting of incidental benefits under Article 22a of the BBRA, granted during the year for incidental, special benefits. The power to take these decisions rests with the DGs and the SG.

Chapter 6. Accountability

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Article 21. : Planning and control

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The SG and the DGs shall be accountable, at the end of the reporting year and in the interim, to the performance of the tasks assigned to them and the use of powers conferred upon them.


Article 22. : Planning and management reports

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  • 1 The SG shall draw up an annual plan each year. Each year, the DGs draw up an annual plan and discuss it with the SG. The annual plan includes policy objectives as well as risk analysis, planned activities and budgets.

  • 2 The SG shall draw up two implementation reports during the year. The DGs shall prepare two implementation reports for the year and discuss them with the SG. The implementation reports shall be reported on the realisation of policy objectives and activities, on the depletion of budgets and on operating details.

  • 3 On the basis of the implementation reports of the SG and the DGs, the Director Financial-Economic Affairs shall report twice a year to the Board of Directors, which shall be discussed in the Board of Directors.

  • 4 The SG shall prepare an annual report and a management statement at the end of each year. At the end of each year, the DGs shall draw up an annual report and a management statement and discuss them with the SG. The management statement shall report on business practices and risk management. In addition, the management statement shall contain an opinion on the lawfulness of the expenditure incurred.

  • 5 The SG shall draw up a summary management statement at the end of each year and shall notify the Minister.


Article 23. :

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  • 1 The Director of Financial Economic Affairs (FEZ), in the form of supervision and advice, supports the SG and the DGs in their overarching responsibility for policy areas and associated business operations.

  • 2 The director FEZ fulfills the role of concerncontroller-from within laws and regulations, including the Comptability Act 2001 , committed tasks-in the establishment of sound budgets and accountability in the framework of the planning and control cycle, and in the assessment of proposals with financial implications.

  • 3 The responsibilities and powers of the Director of FEZ are laid down in the Task FEZ decision .


Article 24. : Audit

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  • 1 The Director of the Audit Service Reich (ADR) or the certifying auditor of the Ministries shall provide assurance on the lawfulness of obligations, expenditure and revenue of the affiliated ministries. He shall carry out audits of the annual reports of these Ministries. He shall inform the general leadership, the representatives and the Audit Committee of the results of such work.

  • 2 In order of the general management or directors, the Director shall examine ADR or the certifying auditor of the ministries, conduct policy and business operations and shall report thereon to the developer and to the Audit Committee.

  • 3 The responsibilities and powers of the Director ADR are laid down in the DAD task decision .


Article 25. : Audit Committee

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  • 1 There is an Audit Committee.

  • 2 The Audit Committee is made up of three external members and two members of the board of directors. One of the external members is the Chairman of the Audit Committee.

  • 3 The external members of the Audit Committee may express their findings separately to the Minister.


Article 26. : Withdrawal of other (mandate) arrangements

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The following arrangements shall be repealed: Organisation and mandating decision Ministry of Finance , as last amended by Decision of 9 May 2014.


Article 27. : Enforce

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This arrangement shall enter into force as from the day following the day following the day of the Official Journal in which it is placed.


Article 28. : Citation Title

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This arrangement is cited as: Organization and Mandate Decree Ministry of Finance 2015.

This arrangement will be set out in the Official Journal.

The

Minister

of Finance,

J.R.V.A. Dijsselbloem


Annex 1. to the Organization and Mandate Ministry of Finance Ministry

No other versions Save Relationships (...) (External Link) Permanent Link Personnel matters referred to in Article 16

The personnel matters referred to in Article 16 are:

Article 14 ARAR (Remuneration general discontinuation)

Article 40 ARAR (discontinuation of pay for sickness)

Article 43 ARAR (sanctions disease 0-52 weeks)

Article 44 ARAR (sanctions disease > 52 weeks)

Article 49 l ARAR (dismissal/sanction on reorganisation)

Article 73 ARAR (discharge discharge)

Article 77 ARAR (denial access to building)

Article 80-84 ARAR (disciplinary penalties)

Article 90-92 ARAR (suspension)

Article 94, third paragraph, ARAR (blocking dismissal on request)

Article 94, fourth paragraph, ARAR (blocking dismissal on request change deadline)

Article 96 ARAR (reorganisation resignation)

Article 98, first paragraph, ARAR (dismissal of unfitness)

Article 99 ARAR (dismissal for other reason)

Article 104a ARAR (Missing)

and

the establishment of the formation based on Article 2 of the Coordination Order Establishment and Formation Service .


Annex 2

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