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Statutes of the Ministry of Finance

Content

Statutes of the Ministry of Finance - content
Issuer:Government
Type:regulation
In force from:01.09.2022
In force until: In force
Translation published:15.09.2022

Statutes of the Ministry of Finance

Passed 22.12.2011 No. 177
RT I, 29.12.2011, 136
Entry into force 01.01.2012

Amended by the following legal instruments (show)

PassedPublishedEntry into force
04.10.2012RT I, 09.10.2012, 401.01.2013
23.05.2013RT I, 29.05.2013, 1301.06.2013
21.03.2014RT I, 25.03.2014, 1001.04.2014
29.05.2014RT I, 03.06.2014, 601.07.2014
12.03.2015RT I, 18.03.2015, 321.03.2015
07.07.2015RT I, 10.07.2015, 101.09.2015
22.06.2017RT I, 05.07.2017, 101.08.2017
21.09.2017RT I, 26.09.2017, 801.01.2018
31.08.2018RT I, 04.09.2018, 907.09.2018, applied as of 1 September 2018
12.09.2019RT I, 18.09.2019, 123.09.2019
06.02.2020RT I, 13.02.2020, 101.03.2020
19.11.2020RT I, 25.11.2020, 301.01.2021
30.09.2021RT I, 05.10.2021, 601.01.2022
16.06.2022RT I, 28.06.2022, 201.09.2022

The Regulation is established on the basis of subsection 42 (1) of the Government of the Republic Act.

Chapter 1 General Provisions 

§ 1.  Ministry of Finance

 (1) The Ministry of Finance (hereinafter the ministry) is a governmental authority which performs the functions provided by law and the functions assigned by the Government of the Republic pursuant to law in the areas provided in subsection 65 (1) of the Government of the Republic Act.

 (2) In the performance of its functions, the ministry represents the state.

§ 2.  Accountability

  The ministry is accountable to the Government of the Republic which directs and coordinates its activities and exercises supervisory control thereover.

§ 3.  Completion of documents of ministry

 (1) The ministry has a seal bearing the small national coat of arms and blank document forms with its name, the design element of which is the image of the small national coat of arms.

 (2) Departments of the ministry may have their own letterhead and seal if prescribed so in the statutes of the department.

§ 4.  Seat of ministry

  The seat of the ministry is in Tallinn. If a structural unit in the composition of a department of the ministry is not located in the seat of the ministry, the seat of the structural unit shall be specified in the statutes of the department.
[RT I, 26.09.2017, 8 - entry into force 01.01.2018]

Chapter 2 Area of Activity and Functions of Ministry 

§ 5.  Main functions of ministry

 (1) The main functions of the ministry include the advising of the Government of the Republic on the matters of budget, taxation, macroeconomics, spatial planning, financial, administrative and regional policies as well as regional administration, making of proposals and development and implementation of policies within the limits of competence granted thereto.
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]

 (2) The ministry shall perform the functions provided in subsection (1) and other functions assigned thereto by laws, resolutions of the Riigikogu, decrees of the President of the Republic and by the Government of the Republic, proceeding from the strategic objectives within the area of government of the ministry provided in the strategic development documents.
[RT I, 13.02.2020, 1 - entry into force 01.03.2020]

§ 6.  Area of government of ministry

 (1) The area of government of the ministry includes the planning and implementation of the fiscal, resource management, tax, customs and financial policies of the state, economic analyses and forecasts, advising and co-ordination on the matters of state aid, activities relating to accounting, auditing, official statistics, public service, state assets and public procurements, management of public cash flows, organisation of the use of external funds, administration of loans and state guarantees issued by the state, development and advising of local governments, planning and coordination of regional development, state and regional administration and organisation of and supervision over the activities relating to spatial planning, and preparation of respective draft legislation.
[RT I, 26.09.2017, 8 - entry into force 01.01.2018]

 (2) The competence of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry regarding the functions in the area of activity of the ministry is established in the statutes of these authorities.
[RT I, 26.09.2017, 8 - entry into force 01.01.2018]

§ 7.  Authorities in area of government of ministry

 (1) The Tax and Customs Board, the Statistics Estonia, the State Support Services Centre and the Financial Intelligence Unit are governmental authorities within the area of government of the ministry.
[RT I, 25.11.2020, 3 - entry into force 01.01.2021]

 (2) The Information Technology Centre of the Ministry of Finance is a state authority administered by the ministry.
[RT I, 26.09.2017, 8 - entry into force 01.01.2018]

 (3) The Public Procurement Review Committee is an authority of the ministry which has the task of hearing requests for review and requests for compensation of damage pursuant to the procedure provided by the Public Procurement Act.

Chapter 3 Directing of Ministry 

§ 8.  Directing of ministry

  The minister shall direct the ministry and organise the matters within the area of government of the ministry within the limits of competence and area of responsibility determined by the order of the Prime Minister specified in subsection 3 (2) of the Government of the Republic Act.
[RT I, 18.03.2015, 3 - entry into force 21.03.2015]

§ 9.  Competence of minister

  The minister shall:
 1) [repealed - RT I, 18.03.2015, 3 - entry into force 21.03.2015]
 2) be responsible as the head of the ministry for the implementation of the Constitution, other laws regulating the area of government of the ministry, resolutions of the Riigikogu, decrees and resolutions of the President of the Republic, and regulations and orders of the Government of the Republic;
 3) decide on the matters within the area of government of the ministry, unless the deciding on these matters is assigned, by law or a regulation of the Government of the Republic, to subordinate administrative agencies, officials or employees;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 4) represent the ministry and grant authorisations for the representation of the ministry;
 5) represent the state within the area of government of the ministry in judicial proceedings, may grant general and special authorisations for the representation of the state in court, and has, within the area of government of the ministry, the right to authorise a contractual representative of the state in misdemeanour, civil, administrative and criminal proceedings;
 6) be responsible for the implementation of the European Union law within the area of government of the ministry;
 7) be responsible for the development of the positions of Estonia in the decision-making process of the European Union and represent Estonia in the Council of the European Union in the matters within the area of government of the ministry;
 8) organise the representation of Estonia in working groups of the Council of the European Union and in the committees, working groups and expert meetings of the European Commission in the matters within the area of government of the ministry;
 9) appoint the representative of Estonia or nominate candidates to the European Union institutions, agencies and bodies according to the area of government of the ministry unless it is placed within the competence of the Government of the Republic;
 10) exercise supervisory control pursuant to the procedure provided by law over the lawfulness and expedience of the activities of the structural units of the ministry, the governmental authorities within the area of government of the ministry, the state authorities administered by the ministry and the officials thereof and, if necessary, assign the task of organising supervisory control over the acts of officials of the ministry to the secretary general of the ministry;
 11) ensure the implementation of the internal control system and the organisation of the professional activity of an internal auditor in the ministry, the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry;
 12) on the proposal of the secretary general, appoint to and release from office the deputy secretaries general of the ministry and directors general and heads of the governmental authorities specified in subsection 7 (1) of these Statutes, unless otherwise provided by law; appoint to and release from office the heads of departments of the ministry, except for the heads of departments with whom an employment contract is entered into by the secretary general, or authorise the secretary general for this purpose;
[RT I, 05.10.2021, 6 - entry into force 01.01.2022]
 13) on the proposal of the secretary general, enter into, amend or cancel employment contracts with the heads of the state authorities administered by the ministry and caution them in the case of violation of their obligations;
 14) appoint to and release from office advisers directly subordinate to the minister or enter into and terminate employment contracts with them or authorise the secretary general to do this;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 15) on the proposal of the secretary general, approve the composition of staff positions of the ministry and the statutes of structural units or authorise the secretary general to approve these;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 151) approve the salary guide of the ministry;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 16) on the proposal of the secretary general, approve the programmes or parts of the programmes within the meaning of the State Budget Act to which the ministry contributes;
[RT I, 13.02.2020, 1 - entry into force 01.03.2020]
 17) on the proposal of the secretary general, approve the statutes, salary guides and compositions of staff positions of the governmental authorities within the area of government of the ministry or authorise the head of the governmental authority to approve the composition of staff positions;
[RT I, 25.11.2020, 3 - entry into force 01.01.2021]
 18) on the proposal of the secretary general, adopt resolutions on the establishment of state authorities administered by the ministry, approve their statutes and compositions of staff positions or authorise the head of the authority to approve the composition of staff positions;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 19) determine the extent of and procedure for exercising supervisory control over the directors general and heads of the governmental authorities within the area of government of the ministry;
[RT I, 25.11.2020, 3 - entry into force 01.01.2021]
 20) make proposals to the Government of the Republic on the draft budget strategy of the area of government of the ministry, decide on the use of budget funds and be responsible for the purposeful and expedient implementation of the budget and for the purposeful use of the European Union support and foreign aid;
[RT I, 13.02.2020, 1 - entry into force 01.03.2020]
 21) approve the budgets of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry on the basis of the State Budget Act and supervise over the implementation thereof;
 22) decide on the matters related to the state assets administered by the ministry;
 23) decide on the organisation of public procurements for the acquisition of assets or ordering of services required for the performance of the functions of the ministry and authorise the secretary general or other public servants to perform acts related to public procurements;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 24) [repealed - RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 25) [repealed - RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 26) enter into contracts or authorise the secretary general or other persons to do so;
 261) [repealed - RT I, 26.09.2017, 8 - entry into force 01.01.2018]
 262) make proposals to the Government of the Republic on the organisation of work of local administrative agencies of governmental authorities and other state authorities located in the county;
[RT I, 26.09.2017, 8 - entry into force 01.01.2018]
 27) perform other duties assigned to him or her by law, a regulation or order of the Government of the Republic or an order of the Prime Minister.

§ 10.  Legislation and service-related orders of minister

 (1) In directing the ministry and to organise the activities of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry, the minister shall issue regulations and directives as well as oral and written service-related orders pursuant to law.

 (2) Regulations, directives and written orders of the minister shall be drafted and registered pursuant to the operations procedure of the ministry.

§ 11.  Secretary general

  The secretary general shall direct the work of structural units of the ministry, coordinate the activities of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry and organise the operations of the ministry.

§ 12.  Competence of secretary general

  The secretary general shall:
 1) directly direct the work of deputy secretaries general and departments as well as advisers directly subordinate to the secretary general and, via the deputy secretaries general, the work of other structural units of the ministry;
 2) coordinate the activities of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry and make proposals to the minister on their operation and organisation of work;
 3) coordinate the drafting of programmes within the meaning of the State Budget Act and prepare the draft budget strategy in the area of government of the ministry;
[RT I, 13.02.2020, 1 - entry into force 01.03.2020]
 4) dispose, within the budget of the area of government approved by the minister, of the budget funds of the ministry, and be responsible for the accurate and expedient implementation of the budget and for the efficient functioning of the ministry;
 5) appoint to and release from office officials who are on the staff of the ministry, except those who are appointed to and released from office by the minister;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 6) enter into, amend and terminate employment contracts with the employees on the staff of the ministry, including heads of department working on the basis of employment contracts as well as deputy heads and advisers outside the structural units;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 7) approve the job descriptions of the officials appointed to office by him or her in accordance with the statutes of the structural units and proposals made by the heads of the structural units;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 8) impose disciplinary penalties on or caution the officials appointed to office by him or her and the employees working on the basis of employment contracts;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 9) report to the minister concerning the work of the deputy secretaries general and departments of the ministry;
 10) demand from the heads of the structural units of the ministry and the governmental authorities within the area of government of the ministry and the state authorities administered by the minister that they report on their activities;
 11) [repealed - RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 12) make proposals to the minister on the administration of state assets and organise the administration of state assets within the limits of authority granted by the minister;
 13) organise public procurements and enter into contracts within the limits of authority granted by the minister;
 14) determine the organisation of work of the ministry;
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]
 15) organise the operation of the ministry;
[RT I, 09.10.2012, 4 - entry into force 01.01.2013]
 16) represent the ministry within the limits of his or her competence and the authority granted by the minister;
 17) sign or superscribe documents in accordance with the legislation, the operations procedure of the ministry and the authority granted to him or her;
 18) perform other duties assigned to him or her by law or a regulation or order of the Government of the Republic, or by the minister;
 19) be responsible for the lawful, accurate and timely performance of the duties assigned to him or her.

§ 13.  Directives and service-related orders of secretary general

 (1) The secretary general shall, within the competence provided by law and the statutes of the ministry, issue directives for the coordination and organisation of the activities of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry, for the appointment to and release from office of officials of the ministry, for the management and coordination of the work of structural units and for the organisation of operation of the ministry, unless this has been established by the legislation with higher authority than the directive of the secretary general.
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]

 (2) In directing deputy secretaries general and structural units and in coordinating and organising the activities of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry, the secretary general shall issue oral and written service-related orders to the deputy secretaries general and the heads of the structural units and the heads of the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry.

 (3) Directives and written orders of the secretary general shall be drafted and registered pursuant to the operations procedure of the ministry.

§ 14.  Substitution of secretary general

 (1) In the absence of the secretary general, the duties of the secretary general shall be assigned by the minister to one of the deputy secretaries general.
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]

 (2) In the absence of the deputy secretaries general, the duties of the secretary general shall be assigned by the minister to one of the heads of department.
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]

§ 15.  Deputy secretary general

  [RT I, 05.10.2021, 6 - entry into force 01.01.2022]

 (1) The staff of the ministry includes up to four deputy secretaries general.
[RT I, 05.10.2021, 6 - entry into force 01.01.2022]

 (2) A deputy secretary general shall:
 1) organise, via the advisers and heads of department directly subordinate to him or her, the work of the departments subordinate to him or her;
[RT I, 18.09.2019, 1 - entry into force 23.09.2019]
 2) organise the development of draft legislation for the regulation of the area for which he or she is responsible, including ensure the harmonisation of the legislation of the area of government of the ministry with the legislation of the European Union;
 3) organise the development, approval and submission for decision of the draft positions to be presented for participating in the decision-making process of the European Union in the area for which he or she is responsible;
 4) organise the expression of opinions by the departments in his or her sphere of responsibility on the draft legislation sent to the ministry for approval;
 5) coordinate the development and implementation of the strategic development documents in the area for which he or she is responsible in line with other development plans and strategic documents related to the area; [RT I, 13.02.2020, 1 - entry into force 01.03.2020]
 6) coordinate, in the area for which he or she is responsible, the activities between the departments of the ministry and a governmental authority within the area of government of the ministry or a state authority administered by the ministry, organise supervisory control and make proposals to the secretary general and the minister on the structure, organisation of work, composition of staff positions, operation etc. of these authorities; [RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 7) make proposals to the secretary general on the preparation of the budget of the ministry, the use of budget funds and the matters provided in clauses 6) to 8) of § 12 of this Regulation;
 8) dispose of the budget funds of the ministry in the area for which he or she is responsible within the limits of authority granted by the minister and be responsible within the limits of his or her competence and the granted authority for the accurate and expedient implementation of the budget;
 9) make proposals in the process of preparing the programmes within the meaning of the State Budget Act and the action plan of the ministry, monitor adherence thereto by the departments subordinate to him or her and report thereon to the secretary general and the minister;
[RT I, 13.02.2020, 1 - entry into force 01.03.2020]
 10) make proposals on the amendment of the statutes of the ministry and the statutes of its structural units;
 11) represent the ministry within the limits of authority granted by the minister;
 12) sign or superscribe documents in the area for which he or she is responsible in accordance with the statutes, the operations procedure of the ministry and the authority granted to him or her;
 13) monitor the performance of obligations of the officials and employees subordinate to him or her;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 14) make proposals to the secretary general on promoting the officials and employees directly subordinate to him or her and imposing disciplinary punishments on or cautioning of them;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 15) perform other duties assigned to him or her by law or a regulation or order of the Government of the Republic, or by the minister or secretary general;
 16) be responsible for the lawful, accurate and timely performance of the duties assigned to him or her.

§ 16.  Service-related orders of deputy secretary general

 (1) In the performance of his or her duties, the deputy secretary general shall give oral and written service- related orders to the heads of departments and advisers directly subordinate to him or her.
[RT I, 18.09.2019, 1 - entry into force 23.09.2019]

 (2) Written orders of the deputy secretary general shall be drafted and registered pursuant to the operations procedure of the ministry.

§ 17.  Substitution of deputy secretary general

  In the absence of a deputy secretary general, the minister shall assign his or her duties to another deputy secretary general or a head of department.
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]

§ 18.  Head of department

  A head of department shall:
 1) direct the work of the department and ensure the performance of the functions assigned to the department;
 2) comply with the service-related orders given to him or her;
 3) give instructions and orders to the officials and employees subordinate to him or her;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 4) monitor the performance of obligations of the officials and employees subordinate to him or her;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 5) sign or superscribe documents prepared in the department in accordance with the statutes of the department and the operations procedure of the ministry;
 6) represent the department in the performance of its functions and give opinions and approvals on behalf of the department on the matters within the competence of the department;
[RT I, 05.07.2017, 1 - entry into force 01.08.2017]
 7) make proposals to the deputy secretary general, secretary general or minister on the amendment of the structure, staff composition or organisation of work of the department, determination of salaries of officials and employees and imposition of disciplinary penalties on or cautioning of them;
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]
 8) make proposals to the deputy secretary general, secretary general or minister on the establishment of committees for resolving matters concerning the functions of the department;
 9) sign, according to the statutes of the department, letters of informative content by which no financial or other obligations are assumed and no rights are granted to and no obligations are imposed on the persons outside the ministry, unless otherwise prescribed by the legislation;
 10) be responsible for the lawful, accurate and timely performance of the duties assigned to him or her and the functions assigned to the department;
 11) perform other duties assigned by the minister, secretary general or the corresponding deputy secretary general.

Chapter 4 Main Functions of Structural Units of Ministry 
[RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 19.  Department directly subordinate to minister

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 20.  Departments directly subordinate to secretary general

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 21.  Sphere of responsibility of deputy secretary general for fiscal policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 22.  Departments subordinate to deputy secretary general for fiscal policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 23.  Sphere of responsibility of deputy secretary general for financial policy and external relations

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 24.  Departments subordinate to deputy secretary general for financial policy and external relations

  [Repealed – RT I, 05.10.2021, 6 – entry into force 01.01.2022]

§ 25.  Sphere of responsibility of deputy secretary general for public governance policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 26.  Departments subordinate to deputy secretary general for public governance policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 27.  Sphere of responsibility of deputy secretary general for tax and customs policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 28.  Departments subordinate to deputy secretary general for tax and customs policy

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 281.  Sphere of responsibility of deputy secretary general for regional affairs

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 282.  Departments subordinate to deputy secretary general for regional affairs

  [Repealed - RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 29.  Sphere of responsibility of deputy secretary general for support operations

  [Repealed - RT I, 05.07.2017, 1 - entry into force 01.08.2017]

§ 30.  Departments subordinate to deputy secretary general for support operations

  [Repealed - RT I, 05.07.2017, 1 - entry into force 01.08.2017]

§ 301.  Departments of ministry and their main functions

  The departments of the ministry and their main functions are the following:
 1) the Fiscal Developments Department which coordinates the implementation of development projects in the area of fiscal policy, prepares and ensures the implementation of research and training plans in the area;
 2) the European Union and International Affairs Department which coordinates the activities of the ministry and its area of government in the European Union decision-making process, participation in international financial institutions and international cooperation;
 3) the Finance and Development Department which organises and coordinates the preparation, monitoring of implementation and evaluation of strategic documents of the ministry and its area of government and their implementing documents, budgeting, monitoring of implementation of the budget, research and development activities of the ministry and implementation of the projects financed from external support; organises the activities between the ministry and the Information Technology Centre of the Ministry of Finance, and in its area of activity between the ministry and the State Support Services Centre and the Financial Intelligence Unit;
[RT I, 28.06.2022, 2 - entry into force 01.09.2022]
 4) the Financial Control Department which audits the activities of authorities of executive power and if necessary other persons financed from the state budget and persons granting and using the European Union support and foreign aid, organises evaluation in the area of professional activities of internal auditors or organisation thereof and performs the functions of an official cooperation partner of the European Anti-Fraud Office;
 5) the Financial Services Policy Department develops and coordinates the financial sector policy, including prepares draft legislation and coordinates their implementation in the areas of financial supervision, financial stability, improvement of financial literacy, banking and insurance and other financial services, including functioning of infrastructures related to financial markets, and pension and social insurance schemes involving the financial sector;
 6) the Fiscal Policy Department which prepares macroeconomic and public finance forecasts, prepares economic and fiscal policy decisions of the government, positions of Estonia for participating in the process of coordinating economic and fiscal policies of the European Union and in the budgetary process of the European Union and prepares corresponding strategy documents, including the stability programme, as well as organises and coordinates the performance of the obligations of Estonia as regards the own funds payable to the general budget of the European Communities;
 7) the Local Governments Financial Management Department which develops the principles and policies of financing and financial management of local governments, prepares relevant draft legislation, coordinates the implementation thereof and analyses the fiscal policy of local governments;
 8) the Local Governments Policy Department which develops local government, regional administration and place names organisation policies and develops draft legislation in the regional area, advises local governments in local government issues, organises the changing of borders of administrative and settlement units, contributes to the comprehensive and balanced development of counties, provides opinions on area policies relating to the county, participates in the planning and development of regional policy, and organises the cooperation between regional state authorities and local authorities;
[RT I, 28.06.2022, 2 - entry into force 01.09.2022]
 9) the Public Relations Department which informs the public about the activities of the ministry and coordinates communications between the ministry and the public and internal communications activities;
 10) the Tax and Customs Policy Department which develops policies in the areas of taxation and direct and indirect taxes, and customs policy, prepares draft legislation and other relevant documents in the areas of taxes, excise duties, tax proceedings, customs and state fees, prepares and negotiates international tax treaties and coordinates their implementation;
 11) the Staff and Legal Department which coordinates the development of staffing and training policies based on the future developments of the ministry and the implementation of such policies in the ministry and the state authorities administered by the ministry, organises staff accounting of the ministry and the state authorities administered by the ministry and processes personal data related thereto; coordinates the legislative drafting in the ministry, the use of uniform principles, terminology and methods in legislative drafting, ensures the interrelation of developed draft legislation and their compliance with the Constitution and laws, and provision of legal advice to the ministry, and organises the resolving of challenges and representing the legal interests of the ministry;
 12) [repealed - RT I, 28.06, 2022, 2 - entry into force 01.09.2022]
 13) the Fiscal Information Policy Department which develops policy, prepares draft legislation and coordinates the implementation thereof in the areas of accounting, auditing, organisation of gambling and prevention of money laundering and terrorist financing, organises supervision over internal and sworn auditors and associations of sworn auditors and coordinates the organisation of the professional activities of internal auditors in the authorities of executive power;
 14) the Regional Development Department which plans and coordinates regional policy, including the planning and coordination of the European territorial cooperation and the European neighbourhood cross-border cooperation, develops measures to support regional development and coordinates their implementation as well as develops draft legislation in the area of the department;
 15) [repealed - RT I, 28.06, 2022, 2 - entry into force 01.09.2022]
 16) the State Budget Department which organises and coordinates the financial management of the state and the preparation of the state budget and state budget strategy, including their underlying programmes, and develops draft legislation in these areas; monitors and evaluates the use of the state budget funds and state resources, organises reporting under strategic development documents in conformity with the strategic management framework; plans, monitors and evaluates the use of European Union funds and other external support and develops draft national legislation in this area, as well as prepares and represents the positions of the Estonia upon developing the policy regulating the grant of external support and in the negotiations on draft legislation;
 17) the Public Administration and Public Service Department, which develops policy and prepares draft legislation in the areas of public service development, human resources management of state authorities, organisation of public administration, implementation of internal control system of authorities of executive power and official statistics, and coordinates the activities of the corresponding areas;
 18) the Public Procurement and State Aid Department which develops public procurement policy, prepares draft legislation, advises persons and institutions and coordinates the activities of state authorities in the areas of public procurements and state aid, organises the maintenance of the public procurement register and the register of state aid and de minimis aid, analyses and monitors the functioning of the public procurement system, exercises state and administrative supervision over the organisation of public procurements, applies enforcement powers of the state pursuant to the procedure and to the extent provided in the Public Procurement Act and acts as the extrajudicial body conducting proceedings on misdemeanours in the cases provided in the Public Procurement Act;
 19) the State Treasury Department which organises cash services of the state budget, the management of state cash flows, investment of state money, acquisition of external funds for the state by organising issues of debt instruments, borrowing or other transactions, keeps and invests the money of other persons pursuant to law, issues loans and exercises supervision over issued loans and performance of agreements relating to state guarantees and keeps relevant accounts;
 20) the State Assets Department which develops policy, prepares draft legislation, advises state authorities and coordinates their activities in the areas of administration of state assets and ownership reform, organises account-keeping of state real estate and protection of state interests in legal persons in private law with state participation and legal persons in public law, develops the real estate policy and participatory policy of the state and coordinates the implementation thereof, supervises over local governments in the area of return of and compensation for property, and determines the terms for proceedings in the area of ownership reform;
[RT I, 28.06.2022, 2 - entry into force 01.09.2022]
 201) the Spatial Planning Department which directs and coordinates spatial planning activities at national level, organises the preparation of the national spatial plan, national special plans and county plans, the special planning of the sea area and cooperation in the area of spatial planning, organises the development of uniform spatial planning information systems, ratifies local government plans on the basis of the Planning Act and advises local governments on the matters relating to plans as well as develops draft legislation, strategic documents and instructions in the area of the department for the formulation of principles and trends of spatial development;
[RT I, 28.06.2022, 2 - entry into force 01.09.2022]
 21) the Internal Audit Department which performs the tasks related to the professional activities of internal auditors in the ministry, the governmental authorities within the area of government of the ministry, the state authorities administered by the ministry and other institutions and persons if such obligation arises from the legislation or contracts, evaluates and analyses the functioning of internal control systems in the ministry and in the area of government as a whole, makes proposals on improvement of the internal control system for the purpose of facilitating the enhancement of activities of the ministry and the institutions within its area of government and the achievement of objectives;
 22) the Administrative Department which organises, on the basis and to the extent of the agreements entered into between the Ministry of Justice, the Ministry of Economic Affairs and Communications, the Ministry of Finance and the Ministry of Social Affairs (hereinafter the ministries), the administration of state assets under the administration of the ministries regarding the matters within the competence of the department, the records management of the ministries and development thereof, and maintains archives of the ministries; ensures the conformity of the legislation of internal or specific application and agreements of the Ministry of Justice, the Ministry of Finance and the Ministry of Social Affairs with the legislation and the resolving of disputes arising from the agreements, ensures the advising of these ministries in the area of law on the matters within the competence of the department and performs the functions of the office of the Public Procurement Review Committee.
[RT I, 05.10.2021, 6 - entry into force 01.01.2022]

§ 31.  Detailed competence and structures of departments

 (1) The detailed functions, rights and obligations of the departments shall be determined in their statutes.

 (2) A department of the ministry may include divisions according to the statutes of the department. The functions and competence of divisions shall be determined in the statutes of the department approved by the minister. A department may include officials and employees who do not belong to any of the divisions, who are directly subordinate to the head of department and whose duties shall be determined by the statutes of the department and the job description.
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]

 (3) The rights and obligations of deputy heads of department and heads of divisions within departments shall be prescribed in the statutes of the department.

§ 32.  Advisers of ministry

  The structure of the ministry may include advisers whose duties and subordination shall be determined in the job descriptions approved by the person entitled to appoint advisers.
[RT I, 10.07.2015, 1 - entry into force 01.09.2015]

Chapter 5 Committees Established in Ministry 

§ 33.  Committees of ministry

 (1) The minister may establish in the area of government of the ministry permanent or temporary advisory committees, councils and working groups (hereinafter committees) for the performance of the functions in the competence of the ministry.

 (2) The secretary general may establish temporary committees for the coordination of work of the structural units of the ministry, the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry.

 (3) Committees shall be established by a directive of the minister or the secretary general, determining the functions of the committee, the chairman and members, the terms for the performance of the functions and the servicing structural unit.

 (4) If the chairman of a committee is a person from outside the ministry, an official or employee belonging to the management of the ministry or a head of department shall be appointed as the person responsible for the work of the committee.
[RT I, 29.05.2013, 13 - entry into force 01.06.2013]

 (5) The structural unit servicing a committee shall ensure the operation of the committee and the taking of the minutes of meetings of the committee.

 (6) Persons who are not in the state public service may be included in the work of a committee with their consent.
[RT I, 05.10.2021, 6 - entry into force 01.01.2022]

 (7) Heads of departments are required to release the members of a committee from the performance of their duties for the duration of meetings of the committee, unless this harms the performance of the main functions of the department.

 (8) The chairman of a committee shall report to the minister or the secretary general on the performance of the functions of the committee, unless otherwise specified upon the establishment of the committee.

 (9) A committee has the right to request data and documents necessary for work from the structural units of the ministry, the governmental authorities within the area of government of the ministry and the state authorities administered by the ministry.

§ 34.  Other committees

 (1) The provisions of § 33 of this Regulation extend to other committees established pursuant to law, unless otherwise provided by law and the legislation established on the basis thereof.

 (2) To organise the operation of government committees serviced by the ministry, the minister to whose area of government the function assigned to the committee belongs shall determine the relevant structural unit.

Chapter 6 Final Provisions 

§ 35.  Repeal of Regulation

[Omitted from this text.]

§ 36.  Entry into force of Regulation

  This Regulation enters into force on 1 January 2012.

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