Luật Thực hành tiết kiệm, chống lãng phí 2005 số 48/2005/QH11

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No: 48/2005/QH11	Hanoi, November 29, 2005

 

LAW

ON THRIFT PRACTICE AND WASTE COMBAT

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the X^th National Assembly, the 10^th session;
This Law provides for thrift practice and waste combat.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for thrift practice and waste combat in the management and use of state budget, state money and properties, labor, working time in the state sector and of natural resources.

Thrift practice and waste combat in production and consumption by people.

Article 2.- Subjects of application

1. Agencies, organizations and individuals that manage and/or use the state budget, state money and properties, labor in the state sector and natural resources.

2. Citizens and organizations other than the subjects specified in Clause 1 of this Article.

Article 3.- Term interpretation

In this Law, the following terms shall be construed as follows:

1. Thrift means the reduction of waste in the use of money, properties, labor, working time and natural resources but the achievement of set targets. For the management and use of state budget, state money and properties, labor, working time in the state sector and natural resources in the domains where have existed the norms, criteria and regimes promulgated by competent state bodies, thrift means the use thereof at levels lower than the set norms, criteria and regimes but with the achievement of set targets or the use thereof strictly according to the set norms, criteria and regimes but with the set targets topped.

2. Waste means the inefficient management and/or use of money, properties, labor, working time and natural resources. For domains where have already existed the norms, criteria and regimes promulgated by competent state bodies, waste means the management and/or use of state budget, state money and properties, labor, working time in the state sector and natural resources in excess of the set norms, criteria and regimes or with failure to achieve the set targets.

3. State properties mean the properties formulated from the state budget or originating from the state budge, belonging to the State's ownership and/or management, which include buildings, public facilities, architectural works and other properties under the state ownership; properties from sources of aid, financial assistance, contributions of domestic and foreign organizations and/or individuals to the State.

4. Commission means a money amount which the buyer can enjoy as a discount or an object or service additionally received by the buyer from the seller when buying means, equipment or other properties or paying service charges.

5. Natural resources mean resources available in nature, which belong to the ownership of all the people and are uniformly managed by the state, including land resources, water resources, mineral resources, forest resources and other resources.

Article 4.- Principles for thrift practice and waste combat

1. Thrift practice and waste combat must be thoroughly grasped in terms of undertaking, guidelines, mechanisms and policies thereon and be institutionalized in law.

2. Thrift practice and waste combat must be based on the norms, criteria, regimes and provisions of law.

3. Thrift practice and waste combat require close coordination among authorities of different levels, branches, agencies and organizations, based on the decentralization of management and the raising of responsibilities of the heads of agencies, organizations as well as of public servants.

4. Democracy, publicity and transparency must be ensured and the supervisory role of the National Assembly, the People's Councils of different levels, the Fatherland Front and its member organizations, mass organizations and people must be raised in thrift practice and waste combat.

5. The regimes of commendation and clear, strict, timely and public handling of violations must be worked out.

Article 5.- Promulgation of norms, criteria and regimes for use as bases for organizing thrift practice and waste combat

1. Competent state bodies must review, amend, supplement and promulgate in time norms, criteria and regimes for use as bases for organizing thrift practice and waste combat.

2. Norms, criteria and regimes must be built on scientific grounds, being suitable to reality and state budget capability; be publicized to agencies, organizations and implementing subjects.

3. Heads of state bodies competent to promulgate norms, criteria and regimes must strictly comply with the provisions of Clauses 1 and 2 of this Article.

Article 6.- Publicized domains, forms of publicity

1. The publicized domains include:

a/ State budget allocation and use;

b/ Properties and plans on procurement and use of properties in state budget-using agencies and organizations;

c/ Mobilization into the state budget, capital mobilization for the state budget and state credit; funds with sources of contribution mobilized from people;

d/ Socio-economic development plannings, plans; branch and regional development plannings and plans; land use plannings and plans; plannings and plans on, lists of, investment projects, investment capital sources; construction planning; tendering plans;

e/ Natural resource- exploiting plannings, plans and activities;

f/ Labor resource distribution and use.

2. Forms of publicity include:

a/ Distribution of publications;

b/ Announcement on the mass media, electronic media;

c/ Announcement at annual meetings; posting at working offices and sending documents to relevant agencies and organizations.

3. The Government shall specify domains other than those defined in Clause 1 of this Article, which need to be publicized, and guide the publicity in such domains; provide for the publicity of process and procedures for handling affairs between state bodies and organizations as well as individuals.

Article 7.- Supervision of thrift practice and waste combat

1. Citizens shall have the right and responsibility to supervise the thrift practice and waste combat, detect and report in time to competent state bodies acts of causing waste.

2. The National Assembly, the National Assembly Standing Committee, other agencies of the National Assembly, National Assembly delegations and National Assembly deputies shall have the right and responsibility to supervise the thrift practice and waste combat under the provisions of the Law on Supervisory Activities of the National Assembly.

3. The People's Councils and the People's Council deputies shall have the right and responsibility to supervise the thrift practice and wast combat in their respective localities under the provisions of law.

4. The people's inspectorate, the Fatherland Front and its member organizations and mass organizations shall have the right and responsibility to supervise the thrift practice and waste combat.

Article 8.- Responsibilities of heads of agencies, organizations in thrift practice and waste combat

1. To work out and apply measures for thrift practice and waste combat in the assigned domains and in their respective agencies or organizations,

2. To ensure the exercise of the right to supervise thrift practice and waste combat by citizens, agencies, organizations defined in Article 7 of this Law. Upon receipt of reports from citizens, the heads of agencies or organizations must check and consider them so as to draw up measures for timely prevention and handling thereof and must reply in writing such persons.

3. To handle or coordinate with competent state bodies in promptly, strictly and lawfully handling persons in their respective agencies or organizations, who have committed acts of causing waste; to publicize the handling of acts of causing waste in agencies, organizations.

4. To be exemplary in practicing thrift and combating waste and bear responsibility for waste in their respective agencies or organizations.

Article 9.- Responsibilities of public servants in thrift practice and waste combat

1. To perform the assigned public duties in accordance with the provisions of law, internal rules and regulations of agencies, organizations, ensuring thrift practice and waste combat.

2. To use the assigned state money and properties for the right purposes and in accordance with the norms, criteria and regimes promulgated by competent state bodies.

3. To participate in supervising, proposing measures and solutions to, thrift practice and waste combat in their respective agencies, organizations and assigned working domains, to promptly detect, denounce, prevent and handle acts of causing waste according to competence.

Chapter II

THRIFT PRACTICE AND WASTE COMBAT IN MANAGEMENT AND USE OF STATE BUDGET FUNDING

Section 1. THRIFT PRACTICE AND WASTE COMBAT IN ELABORATION, APPRAISAL AND APPROVAL OF STATE BUDGET ESTIMATES AND SETTLEMENT

Article 10.- Elaboration, appraisal, approval and allocation of state budget estimates

The elaboration, appraisal, approval and allocation of state budget estimates must comply with the law-prescribed competence, order, contents, subjects and time; the norms, criteria and regimes promulgated by competent state bodies; ensure fairness, publicity and transparency.

Article 11.- Assigning operation funding packages, assigning financial autonomy to agencies, organizations

1. To implement the mechanism of assigning operation funding packages, financial autonomy to agencies and organizations that operate with the state budget funding when the law-prescribed conditions on operation funding package, financial autonomy are fully met; to encourage agencies and organizations to assign a number of funding packages to direct managers, users.

2. The assignment of operation funding packages and/or financial autonomy must be based on the functions and tasks as well as on the assessment of the practical situation on the use of state budget funding by the agencies or organizations, ensuring the thrift practice and waste combat.

3. Agencies and organizations assigned operation funding packages and/or financial autonomy must strictly comply with provisions of law on operation funding package and financial autonomy, ensuring the performance of their assigned functions and tasks and targets when being assigned operation funding packages, financial autonomy.

4. Heads of agencies or organizations, which are assigned operation funding packages and/or financial autonomy, who violate the provisions of Clause 3 of this Article, causing waste, shall be disciplined.

Article 12.- Elaboration, appraisal, approval of state budget settlement

1. The elaboration, appraisal and approval of state budget settlement must be based on the norms, criteria and regimes promulgated by competent state bodies and in accordance with the provisions of law on state budget.

2. Heads of state budget-using agencies, organizations must bear responsibility for the accuracy and truthfulness of the state budget settlement. It is strictly forbidden to settle state budget expenditures without volumes, in contravention of procedures, at variance with the contents or objects.

3. Heads of immediate superior agencies or organizations shall have to verify, consider and approve state budget settlement for their respective attached agencies or organizations in accordance with the provisions of law; to detect and handle in time cases of illegal setting up of funds.

4. Agency or organization heads and persons involved in the elaboration, appraisal, consideration and approval of state budget settlement, who violate the provisions of Clauses 1, 2 and 3 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Section 2. THRIFT PRACTICE AND WASTE COMBAT IN PROCUREMENT, MANAGEMENT AND USE OF MEANS OF TRANSPORT AND WORKING FACILITIES AS WELL AS EQUIPMENT

Article 13.- Procurement, furnishment, repair of means of transport

1. The procurement, furnishment of means of transport of agencies and organizations must aim for the right subjects, practical service of activities, must not exceed the norms, criteria and/or regimes promulgated by competent state bodies and must comply with the provisions of law on bidding. The procurement or furnishment of means of transport for ineligible subjects, in excess of the norms, criteria and/or regimes is strictly forbidden.

2. The repair, replacement of means of transport shall strictly comply with the norms, criteria, regimes and technical standard regulations of competent agencies or organizations.

3. Annually, ministries, branches and localities must direct and guide the scrutiny and inspection of all means of transport of the agencies and/or organizations under their respective management in order to draw up plans for procurement, furnishment of new means of transport and/or repair of old ones or for transfer from units with redundant means to those with inadequate means.

4. Persons deciding on procurement, furnishment and/or repair of means of transport and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Article 14.- Use of means of transport

1. The use of means of transport by agencies and organizations must aim for the right purposes, the right subjects and must not exceed the norms, criteria and regimes promulgated by competent state bodies.

2. Agencies, organizations or individuals, that are assigned to manage and use means of transport, must work out and apply measures to practice thrift and combat waste in the maintenance of means of transport, use of fuel in accordance with the consumption norms.

3. Agencies and organizations must promptly liquidate replaced means of transport in accordance with the provisions of Clause 2, Article 13 of this Law and remit the proceeds therefrom into the state budget according to the provisions of law.

4. The Government shall provide for and organize the implementation of the regime on the use of means of transport by the following modes:

a/ Furnishment of means of transport according to titles, positions and working areas;

b/ Hiring means of transport of service enterprises for activities;

c/ Assigning funding packages to persons eligible to use means of transport according to criteria and regimes.

5. Agencies, organizations and individuals that violate the provisions of Clauses 1, 2 and 3 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 15.- Procurement, furnishment of working facilities and equipment

1. The procurement, furnishment of working facilities and equipment of agencies and organizations must aim for the right subjects, practically and efficiently serve their activities, meet the requirements of technological renewal under the regulations promulgated by competent agencies or organizations; must not aim for wrong subjects, not exceed the norms, criteria and/or regimes promulgated by competent state bodies and must comply with the provisions of law on bidding.

2. Agencies and organizations must appoint persons to manage, use and open books to monitor assorted working facilities and equipment.

3. Persons deciding on the procurement, furnishment of working facilities and equipment and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Article 16.- Use of working facilities, equipment

1. Agencies, organizations and individuals must use working facilities and equipment for the right purposes; it is strictly forbidden to use working facilities and equipment for personal business. Agencies and organizations shall have to formulate internal regulations on the use of working facilities and equipment; handle or propose competent agencies or organizations to handle working facilities or equipment, which are no longer in use or unusable, in forms of transfer, recovery, liquidation or sale according to the provisions of law.

2. Agencies, organizations and individuals that violate the provisions of Clause 1 of this Article thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 17.- Procurement, furnishment, management and use of means of communication

1. The procurement and furnishment of office means of communication must accord with the working requirements and not exceed the norms, criteria and/or regimes promulgated by competent state bodies. The means of communication at working offices must be used only for public-duty purposes.

2. The furnishment, use of mobile or home means of communication of public servants shall strictly comply with the norms, criteria and/or regulations promulgated by competent state bodies and approved estimates; and this funding package shall be assigned to users.

3. Agencies and organizations must formulate and enforce their respective internal regulations on thrifty use of means of communication; review all the means of communication under their respective management, recover means furnished to wrong subjects and work out plans on furnishment and transfer of communication means suitable to working requirements, ensuring thrift and efficiency.

4. Persons deciding on the procurement and furnishment of, or using means of communication and relevant persons, who violate the provisions of Clauses 1, 2 and 3 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 18.- Management and use of commissions

1. Persons who are assigned by their agencies or organizations to procure means of transport, working facilities and equipment and other properties or to pay service charges shall have to declare and submit commission amounts, if any, to their agencies or organizations for management and use for activities of such agencies or organizations. The management and use of commissions from procurement of properties and/or payment of service charges must be made public and transparent. It is forbidden to retain commissions for use for wrong purposes.

2. Those who violate the provisions of Clause 1 of this Article shall have to refund the commission amounts they have received to their agencies or organizations and be disciplined.

Section 3. THRIFT PRACTICE, WASTE COMBAT IN MANAGEMENT AND USE OF STATE BUDGET FOR ACTIVITIES OF AGENCIES, ORGANIZATIONS

Article 19.- Organizations of conferences, seminars, talks

1. When organizing conferences, seminars or talks, agencies and organizations must work out plans with practical contents, clearly defined participants, venues and time, ensuring thrift and efficiency.

2. Funding for organization of conferences, seminars, talks must be managed and used in strict accordance with the norms, criteria and regimes promulgated by competent state bodies and the approved estimates. It is strictly forbidden to use funding for organization of conferences, seminars, talks for spending contents outside the programs.

3. The funding amounts for organization of conferences, seminars and talks in the annual estimates of agencies, organizations, which are not used up, shall be transferred to other expenditures under the Government's regulations.

4. Persons deciding on organization of conferences, seminars and/or talks, persons competent to approve expenditures and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Article 20.- Expenses for guest reception, festivities, festivals, anniversaries

1. The expenses for guest reception, festivities must not exceed the norms, criteria and/or regimes promulgated by competent state bodies; the expenses for organization of festivals, anniversaries must be within the estimates approved by competent state bodies.

2. The use of public funds to make presents, rewards to agencies, organizations and/or individuals in guest reception, festivities, festivals or anniversaries must comply with the provisions of law. It is strictly forbidden to use public funds to make presents and/or rewards in contravention of the provisions of law.

3. Persons deciding on expenses for guest reception, festivities, festivals and/or anniversaries who violate the provisions of Clauses 1 and 2 of this Article, causing waste shall have to pay compensations and be disciplined.

Article 21.- Sending cadres, officials, employees on working missions

1. Agencies and organizations shall send cadres, officials and/or employees on working missions only when there are specific plans, purposes and working requirements.

2. The payment of working trip allowances must comply with the norms, criteria and/or regimes promulgated by competent state bodies and the approved estimates. It is strictly forbidden to make repeated payments of working trip allowances from different sources or to take advantage of working trip allowance payment to gain illicit profits.

3. Persons deciding on payment of working trip allowances in excess of the norms, criteria and/or regimes, persons taking advantage of working trip allowance payment to gain illicit profits must return the working trip allowance amounts paid in contravention of regulations to agencies or organizations and shall be disciplined.

Article 22.- Management and use of electricity and water

1. Agencies and organizations must formulate their internal regulations on management and use of electricity and water in order to practice thrift and combat waste.

2. Agencies and organizations, when procuring, furnishing electricity- or water-using means, equipment, devices, must apply thrift practice measures provided by specialized management agencies, periodically inspect and maintain equipment in order to ensure the thrifty consumption levels. It is strictly forbiddent to use electricity, water lavishly in activities of agencies, organizations.

3. Agencies, organizations and individuals that violate the provisions of Clauses 1 and 2 of this Article, causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 23.- Management and use of stationery, books, newspapers, magazines

1. The procurement of stationery, books, newspapers and magazines by agencies and organizations must stem from the working demands and be limited within the approved estimates; to assign expenditure packages for stationery, books, newspapers and magazines to users.

2. Persons deciding on the procurement of stationery, books, newspapers, magazines and relevant persons who violate the provisions of Clause 1 of this Article, causing waste shall have to pay compensations and be disciplined.

Section 4. THRIFT PRACTICE AND WASTE COMBAT IN THE MANAGEMENT AND USE OF FUNDING FOR TARGET PROGRAMS, NATIONAL PROGRAMS, FUNDING FOR SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT

Article 24.- Management, use of funding for target programs, national programs

1. Funding for target programs, national programs must be used for the right purposes and the approved contents, not in excess of the norms, criteria and/or regimes promulgated by competent state bodies.

2. Funding for target programs, national programs shall be settled only after the implementation results are accepted; for target programs or national programs, which are not accepted, the persons managing and directing the implementation of the programs must clarify the causes and determine specific responsibilities so as to work out timely handling measures.

3. Persons deciding on the use of program funding, persons competent to accept, approve program settlement, persons managing and directing the program implementation, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to make compensations and be disciplined.

Article 25.- Use of funding for scientific research and technological development

1. The use of funding for scientific research and technological development must serve the right purposes, must not coincide with other funding sources and ensure thrift and efficiency.

2. The selection of organizations or individuals for performance of scientific and technological tasks must ensure publicity, fairness, democracy, objectiveness and the right selection mode under the provisions of law on bidding; where scientific and technological tasks are partially funded by the state budget, the support funding package shall be effected.

3. Agencies or organizations managing scientific and technological research, agencies, organizations and individuals responsible for evaluating and accepting scientific research results, persons deciding on expenditures and organizations or individuals using scientific and technological research funding, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Chapter III

THRIFT PRACTICE, WASTE COMBAT IN INVESTMENT IN CONSTRUCTION OF PROJECTS FINANCED BY STATE BUDGET, STATE MONEY OR PROPERTIES

Article 26.- Formation, appraisal and approval of plannings and plans on and list of investment projects

1. The formation, appraisal and approval of socio-economic development plannings, plans; branch or regional development plannings, plans; construction plannings must be in line with the socio-economic development orientations and strategy, the capacity of the economy and ensure efficiency. The approved plannings and plans must be publicized according to the provisions of law.

2. The formation, appraisal and approval of plannings, plans on, and lists of investment projects must be in line with socio-economic development plannings, plans; branch or regional development plannings, plans and construction plannings.

3. Heads of agencies or organizations and persons involved in the formation, appraisal or approval plannings, plans on, and/or lists of investment projects, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall be disciplined.

Article 27.- Formation, appraisal and approval of investment projects

1. The formation, appraisal, approval of investment projects must be in line with socio-economic development plannings, plans; branch and regional development plannings, plans; construction plannings; land use plannings, plans; investment project plannings, plans and lists; comply with construction standards and regulations; suit the capacity to arrange capital sources; secure the balance between materials and raw material sources and production capacity as well as consumption market; achieve socio-economic efficiency and protect the ecological environment.

2. For investment projects, before the investment is decided, the investment capital sources must be clearly determined, ensuring adequate capital for execution of projects as scheduled. It is strictly forbidden to scatter investment capital, leading to the stagnation of construction.

3. Agencies, organizations, heads of agencies or organizations and persons involved in the formation, appraisal or approval of investment projects, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 28.- Work construction survey, designing

1. Work construction survey and designing shall comply with the survey and designing process and norms promulgated by competent state bodies.

2. The appraisal and approval of work construction designs must strictly comply with the construction standards and norms promulgated by competent state bodies.

3. Agencies and organizations, heads of agencies or organizations and persons involved in the survey, designing, appraisal or approval of work construction designs, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to redress the consequences, pay compensations and be administratively sanctioned or disciplined.

Article 29.- Elaboration, appraisal and approval of total estimates, work estimates

1. The elaboration, appraisal and approval of total estimates, work estimates must be based on the construction norms, unit prices and standards promulgated by competent state bodies and must conform with the approved work construction designs. It is strictly forbidden to adjust total work estimates against the law on bidding and relevant legislation.

2. Persons competent to approve total estimates, work estimates, approve the adjusted total work estimates and relevant persons, who violate the provisions of Clause 1 of this Article, thus causing waste, shall be disciplined.

Article 30.- Selection of contractors and supervisory consultancy organizations for execution of investment projects

1. Investment projects must be publicized on the mass media for bid solicitation and bidding must be organized in accordance with bidding law for selection of contractors and supervisory consultancy organizations. The collusion between bid-participating organizations, individuals or between bid-participating organizations, individuals and investors, project owners in the course of bidding is strictly prohibited.

2. Agencies, organizations, heads of agencies or organizations and relevant persons, who violate the provisions of Clause 1 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 31.- Execution of investment projects, construction of works

1. Investment projects shall be executed only after they are approved by competent state bodies and works shall be constructed only after the investment projects are approved and adequate capital sources are ensured according to construction tempo. The approved investment projects which are not included in plannings or plans, fail to satisfy the prescribed conditions or to comply with the investment process and procedures shall be suspended or cancelled.

2. The ground clearance for execution of construction investment projects must ensure the project execution schedule. The compensation, support and resettlement upon recovery of land by the State for execution of construction investment projects must be publicized, objective, fair and lawful. Acts of violating the provisions of law on compensation, support and resettlement upon land recovery by the State and acts of obstructing, causing difficulties to, slowing down the ground clearance are strictly prohibited.

3. The work construction must strictly comply with construction designs, norms and standards and the approved construction schedule. Investors and project owners shall have to inspect and request contractors to observe the construction schedule, to construct works in accordance with designs, to use raw materials and materials according to the set quality standards and technical requirements, ensuring the work quality and construction progress.

4. Consultancy organizations supervising construction shall have to fulfill their commitments to investors and project owners; detect and prevent in time negative acts, causing waste in construction process. They are strictly forbidden to collude with investors, project owners and/or contractors for illicit profits, thus reducing the quality of works.

5. Investors, project owners must test, accept and settle works according to regulations, must not change at their own will the approved designs, work estimates or bid-wining prices.

6. Agencies, organizations, heads of agencies or organizations being assigned to act as investors or project owners and relevant persons, that violate the provisions of Clauses 1, 2, 3, 4 and 5 of this Article, thus causing waste, shall have to pay compensations and administratively sanctioned or disciplined.

Article 32.- Allocation, payment and settlement of capital for investment projects

1. The allocation of capital for investment projects must ensure the schedule, be within the approved total estimates, work estimates or bid-winning prices; the payment of investment capital must strictly comply with the completed volume already accepted; the inspection and supervision of capital use and the verification of work settlement must comply with the provisions on management of investment capital. It is strictly forbidden to advance investment capital from the state budget for projects which have not yet been approved.

2. For investment projects which have already been approved, allocated capital but are slow in starting the construction, the capital must be transferred to other investment projects according to the Government's regulations.

3. Agencies, organizations, heads of agencies or organizations and relevant persons, that allocate, pay or approve the settlement of work construction investment capital in contravention of regulations, fail to ensure adequate capital, thus slowing down the work construction tempo for subjective reasons and causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 33.- Arrangement of capital sources for execution of investment projects

1. The arrangement of capital sources for execution of investment projects must be compatible with the approved lists of investment projects, the nature, size, tempo and requirements of investment projects and the state budget capability. State budget capital shall be concentrated on investment in socio-economic infrastructure projects and other projects for non-profit purposes.

2. It is strictly forbidden to convert loan capital sources in investment projects into allocated state budget capital sources, except for objective reasons permitted by competent state bodies.

3. Persons deciding on allocation of capital, transfer of capital of investment projects and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall be disciplined.

Article 34.- Organization of ground-breaking ceremonies, construction- starting ceremonies, inaugural ceremonies for construction works

1. The use of state budget funding for organization of ground-breaking ceremonies, construction-starting ceremonies and inaugural ceremonies shall be effected only for the following works:

a) Important national works;

b) Local works of economically, politically, culturally, socially important significance.

2. The Prime Minister shall decide on the organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works defined at Point a, Clause 1 of this Article and stipulate the organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works defined at Point b, Clause 1 of this Article.

3. It is strictly forbidden to use state budget funding for organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works other than those specified in Clause 1 of this Article.

4. Agencies, organizations, heads of agencies or organizations and relevant persons, that violate the provisions of Clauses 1 and 3 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Chapter IV

THRIFT PRACTICE, WASTE COMBAT IN MANAGEMENT AND USE OF WORKING OFFICES, PUBLIC-DUTY HOUSES OF AGENCIES AND ORGANIZATIONS USING STATE BUDGET FUNDING AND PUBLIC-WELFARE WORKS

Article 35.- Management and use of working offices

1. The construction, upgrading, renovation, repair or hire of working offices by state budget-using agencies or organizations must be based on the norms, criteria and/or regimes promulgated by competent state bodies.

2. Agencies or organizations assigned to manage and/or use working offices and other architectural works attached to land areas of the working offices must manage and use them for the right purposes, in accordance with the provisions of law, ensuring thrift and efficiency.

3. Working offices which are used for wrong purposes or are left unused shall be recovered; all proceeds from the wrong use of working offices must be recovered and paid into the state budget.

4. Agencies, organizations, heads of agencies or organizations assigned to manage and use working offices and relevant persons, that violate the provisions of Clauses 1, 2 and 3 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 36.- Management and use of public-duty houses

1. Public-duty houses built and arranged for cadres, officials or employees to stay while performing their public duties must be arranged to the proper subjects and strictly comply with the norms, criteria and/or regimes promulgated by competent state bodies.

2. Persons assigned public-duty houses must sign use contracts with managing agencies; must manage and use them for proper purposes, in accordance with the prescribed regimes; must return them to the State when resigning from their public duties. Public-duty houses which are arranged to ineligible subjects, used to ineligible purposes or are left unused must be recovered.

3. Persons competent to decide on arrangement of public-duty houses for use, persons assigned public-duty houses for use, who violate the provisions in Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Article 37.- Management and use of public-welfare works

1. Public-welfare works must be managed and used for proper purposes.

2. Agencies and organizations assigned to manage, use public-welfare works must work out plans to preserve, exploit, renovate and use them thriftily and efficiently. Public-welfare works which are not yet put to use or are used inefficiently must be recovered and assigned to other agencies, organizations for management and use.

3. Heads of agencies or organizations assigned to manage and/or use public-welfare works and relevant persons, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be disciplined.

Chapter V

THRIFT PRACTICE, WASTE COMBAT IN MANAGEMENT, EXPLOITATION AND USE OF NATURAL RESOURCES

Article 38.- Land use planning

1. Competent state bodies shall have to direct, survey, measure, evaluate and categorize land, make cadastral maps, maps on actual land use and land use planning, work out or adjust land-use plannings and plans, ensuring the publicity and transparency.

2. Competent state bodies shall have to consider and approve land-use plannings and plans or decide to adjust land-use plannings and/or plans in strict accordance with the provisions of land law, ensuring publicity and transparency.

3. Heads of competent state bodies who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 39.- Land management

1. State bodies competent to assign land, lease land, recover land, permit land use purpose changes must strictly comply with the provisions of law and law-prescribed process and procedures and with the approved land-use plannings and plans.

2. All acts of assigning land, leasing land, recovering land or changing land use purposes in contravention of the provisions of land law, land use purposes, land-use plannings or plans shall be strictly prohibited.

3. Persons competent to assign land, lease land, recover land or permit land use purpose changes and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 40.- Land use

1. Agencies, organizations and individuals, that are assigned land but do not use or have used the land not for proper purposes shall have such land recovered and be administratively sanctioned or disciplined.

2. All acts of deteriorating land, polluting land, causing the loss of land or reducing the land's usability, causing waste by land users are strictly forbidden. The land users who commit acts of causing waste, causing adverse impacts on environment and nearby land users shall have to pay compensations, have their land recovered and be administratively sanctioned or disciplined.

3. Persons who detect acts of polluting, destroying or wasting land shall have to report thereon to competent state bodies for taking prompt preventive and remedial measures.

Article 41.- Naters resources plannings, management

1. Competent state bodies shall have to direct, formulate, appraise, approve water resources plannings; draw up plans on thrifty and efficient exploitation and protection of water resources. Agencies, organizations and individuals must strictly comply with water resources-exploiting and -using plannings and plans approved by competent state bodies.

2. Competent state bodies shall have to strictly manage the exploitation and use of water resources; manage water source quality and reserves; promptly handle or propose competent state bodies to handle acts of polluting, destroying or wasting water resources.

3. Heads of competent state bodies, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 42.- Exploitation and use of water resources

1. Agencies, organizations and individuals, that are assigned to exploit and use water resources in service of production and daily life, must work out measures to practice thrift and combat waste in exploitation, use and protection of water resources. All acts of polluting, destroying or wasting water resources in the exploitation and use thereof must be subject to compensations and administrative sanctions.

2. Persons who detect acts of polluting, destroying or wasting water resources shall have to report them to competent state bodies for taking prompt preventive and handling measures.

Article 43.- Minerals plannings, management

1. Competent state bodies shall have to direct, formulate plannings on, investigate, explore, draw up plans on exploitation and management of the exploitation and use of minerals resources with thrift and efficiency.

2. Competent state bodies shall have to consider and grant minerals exploitation permits to agencies, organizations and individuals in accordance with the conditions and procedures prescribed by law.

3. Agencies, organizations and individuals, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 44.- Exploitation and use of minerals

1. Agencies, organizations and individuals, that are granted permits to exploit minerals shall only be permitted to exploit the types of minerals, with techniques and according to mineral reserves inscribed in their respective permits; in case of overexploitation or exploitation of minerals of the types and/or with techniques different from those inscribed in their permits, causing damage to or waste of minerals, they shall have to pay compensations and be administratively sanctioned.

2. All acts of illegally exploiting minerals are strictly prohibited. Persons who detect that agencies, organizations or individuals illegally exploit, thus causing damage to or waste of minerals, shall have to report them to competent state bodies for taking prompt preventive and handling measures.

3. Agencies, organizations and individuals, when using minerals, must ensure thrift and efficiency; if causing waste, they shall have to pay compensations and be administratively sanctioned.

Article 45.- Forest resources plannings and management

1. Competent state bodies shall have to direct, formulate plannings on forest resource management, exploitation and protection. The formulation of forest resource-exploiting plannings and plans must be in line with plannings, plans on forest resource generation, protection and development; comply with the provisions of law on forest protection and development.

2. The planting of production forests, preventive forests and the development of natural forests must comply with the plannings and plans already approved by competent state bodies.

3. Heads of agencies or organizations violating the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 46.- Forest resource exploitation and use

1. The exploitation of forest resources must comply with the provisions of law on forest protection and development. All acts of illegally exploiting, destroying, wasting ecological systems, forest flora and fauna are strictly prohibited.

2. Agencies, organizations and individuals that violate regulations on forest resource exploitation and use, thus destroying or wasting forest resources shall have to pay compensations and be administratively sanctioned.

3. Persons who detect acts of violating the provisions of law on forest protection and development, destroying and/or wasting forest resources shall have to report them to competent state bodies for prompt preventive and handling measures.

Article 47.- Management, exploitation and use of natural resources of other types

1. Assorted natural resources not yet specified in Articles 38 thru 46 of this Law shall be managed, exploited and used thriftily and efficiently.

2. Agencies, organizations and individuals that commit acts of destroying, wasting natural resources shall have to pay compensations and be administratively sanctioned.

3. Persons who detect acts of destroying, wasting natural resources shall have to report them to competent state bodies for prompt preventive and handling measures.

Article 48.- Reuse of resources and assorted energies

1. The state shall adopt policies to encourage organizations and individuals to recycle, reuse resources and recyclable energies.

2. The Government shall detail Clause 1 of this Article.

Chapter VI

THRIFT PRACTICE, WASTE COMBAT IN LABOR TRAINING, MANAGEMENT AND EMPLOYMENT AND WORKING TIME IN THE STATE SECTOR

Article 49.- Training of labor resources

The determination of the labor-training scale and structure must be linked to the labor market requirements and socio-economic development strategy; training programs must be compatible with scientific and technological development and meet the requirements on quality of labor resources.

Article 50.- Recruitment of public servants

1. The recruitment of public servants in agencies, organizations must be based on professional standards and qualifications, task requirements, work volumes and the payrolls decided by competent state agencies; ensure the publicity, transparency and compliance with the regulations on recruitment of public servants. Recruitment in form of payroll or long-term contract must not be made for jobs to which the form of package contract can apply.

2. It is strictly forbidden to abuse one's position or powers to recruit public servants in excess of the permitted payroll; to recruit wrong subjects, in contravention of regulations or not according to competence.

3. Persons who decide on recruitment of public servants and violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 51.- Arrangement, employment of public servants

1. The arrangement and employment of public servants must be based on the work requirements, training qualifications, professional capability and must satisfy the standards and conditions on grades and titles as provided for.

2. The grade promotion, grade transfer, the appointment of public servants shall strictly comply with regulations of competent state bodies and ensure the efficient employment of the contingent of public servants in agencies and organizations. It is strictly forbidden to make grade promotion, grade transfer, to appoint or employ public servants in contravention of regulations.

3. Agencies and organizations must formulate and strictly observe the grade structure of public servants, which has been approved by competent agencies, organizations; train and foster public servants to raise their capabilities; streamline the payrolls or rearrange works for people restricted in their health conditions, capabilities, qualifications or failing to meet the work requirements.

4. Agencies, organizations and individuals that violate the provisions of Clauses 1, 2 and 3 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 52.- Use of working time

1. Agencies and organizations shall have to formulate plans on the use of working time and handling of affairs in a scientific and rational manner, implementing the administrative reform. The organization of meetings, conferences, seminars, talks and anniversaries must ensure proper purposes, composition and participants, and save time.

2. Public servants and laborers must use their working time efficiently. It is strictly forbidden to use working time for personal business.

3. Heads of agencies or organizations and relevant persons, that violate the provisions of Clauses 1 and 2 of this Article, thus wasting working time, shall be disciplined.

Article 53.- Abiding by labor disciplines

1. Labor-employing agencies and organizations must formulate regulations on labor disciplines in conformity with the provisions of labor law and law on public servants.

2. Laborers must strictly comply with the provisions of labor law and regulations of labor-employing agencies or organizations on labor disciplines.

3. Agencies, organizations, heads of agencies or organizations and relevant persons, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Chapter VII

THRIFT PRACTICE, WASTE COMBAT IN MANAGEMENT AND USE OF STATE CAPITAL AND PROPERTIES AT ENTERPRISES

Article 54.- Principles on thrift practice, waste combat in management and use of state capital and properties at enterprises

1. Enterprises with 100% state capital (herein after called state companies) must manage and use state capital and properties, observe the reporting and financial publicity regime under the provisions of law; draw up plans and measures to practice thrift and combat waste in the companies.

2. The State's capital at other enterprises must be strictly managed according to regulations. The investment, contribution, increase and reduction of investment capital must be considered on the basis of efficiency of investment capital, capital preservation and development capability. The recovered contributed capital and divided profits must be thriftily and efficiently used for proper purposes.

Article 55.- Management and use of capital and funds of state companies

1. State companies shall have to preserve and develop the state-allocated capital; observe the law-prescribed regimes of management and use of capital and funds of companies; enhance and raise their production and business efficiency.

2. State companies must appropriate, set up, manage and use funds for proper purposes strictly according to regimes promulgated by competent state bodies. It is strictly forbidden to appropriate and set up funds illegally.

Article 56.- Use of land in state companies

State companies shall have to determine the land use value and manage land according to regulations on management of state properties. Land must be used for proper purposes inscribed in the land assignment or land lease decisions and the land use right certificates issued by competent state bodies.

Article 57.- Procurement, management and use of fixed assets in state companies

1. The procurement, management and use of fixed assets in state companies must strictly comply with the provisions of law on financial management, investment and construction management and must be calculated on the basis of raising the machinery's or equipment's usability. It is strictly forbidden to procure obsolete and inefficient equipment and technologies; the procurement and equipment of cars for company leaders must not exceed the norms, criteria and regimes promulgated by competent state bodies.

2. State companies must clearly define the responsibilities of managers, users for each asset in the companies; observe the regime of maintenance and repair of assets according to technical process.

3. State companies must work out measures to renew and modernize technologies, improve techniques and managerial modes in order to raise the use efficiency of fixed assets; take initiative in transferring, selling or liquidating unnecessary, poor-quality, technically obsolete or unusably damaged assets under the provisions of law.

Article 58.- Procurement, management and use of supplies and other assets in state companies

1. State companies must take into account and determine the rational use and reserve demands of supplies and other assets on the basis of their production and business demands and the market supply capability.

2. State companies must formulate and strictly observe the norms on use of raw materials, fuels and materials and apply advanced measures suitable to their respective business, techno-economic characteristics as well as actual equipment conditions, ensuring thrift, lower expense and production costs and higher product quality.

Article 59.- Management and use of other expenditures in state companies

1. For labor costs, state companies must formulate the labor norms in order to build up wage unit prices and employ labor in the companies, taking measures to increase labor productivity and use labor efficiently.

2. For means, equipment and assets in service of managerial work, state companies must manage and use them strictly according to the norms, criteria and regimes as guided by competent state bodies.

3. For expenditures on commission, guest reception, meetings, transactions, state companies must formulate norms on efficient, thrifty and lawful expenditures. It is strictly forbidden to use public funds as presents or gifts in contravention of regulations.

4. For expenditures on rewards for technical, managerial and technological innovations and improvements, rewards for higher labor productivity, rewards for thrifty use of supplies and expenses, state companies must determine the reward levels on the basis of production and business efficiency and thrift practice results.

Article 60.- Responsibilities of chairmen of Managing Boards, general directors, directors of state companies

Chairmen of Managing Boards, general directors, directors of state companies shall have to manage and use their companies' capital and assets with efficiency; if causing waste due to their irresponsibility, they must pay compensations and be administratively sanctioned or disciplined.

Article 61.- Responsibilities of representatives of the State's contributed capital portions at enterprises

1. Representatives of the State's contributed capital portions at enterprises shall have to monitor and supervise the operation and business situation of the enterprises; if causing waste to enterprises and the State due to their irresponsibility, they must pay compensations and be administratively sanctioned or disciplined.

2. Representatives of the State's contributed capital portions must bear responsibility for the voted issues regarding decisions of enterprises where exists the State-contributed capital; periodically report on the use of the State's contributed capital to competent bodies or organizations.

Chapter VIII

THRIFT PRACTICE AND WASTE COMBAT IN PEOPLE'S PRODUCTION AND CONSUMPTION

Article 62.- Construction investment, production and business development

1. State encourages the entire population to practice thrift and combat waste in production and consumption in order to reserve capital for investment in production and business, for purchase of national construction bonds, bills of credit, bonds, stocks, for savings deposits and other forms of profitable investment not banned by law.

2. Investment projects on production and/or business development must strictly comply with land use plannings and plans, construction plannings and landscape as well as environment protection regulations promulgated by competent state bodies.

3. The State encourages economic organizations, family households to use their capital, labor, natural resources and other resources for investment in construction, production and/or business with thrift and efficiency.

Article 63.- Construction of dwelling houses, procurement of means, equipment for daily life and consumption

1. The construction of dwelling houses must strictly comply with land use plannings and plans, construction plannings and landscape as well as environment protection regulations promulgated by competent state bodies.

2. The State encourages the entire population to practice thrift in construction of dwelling houses, procurement of daily-life means and equipment; practice thrift in the use of daily-life electricity and water and in daily consumption.

Article 64.- Weddings, funerals, festivities and other cultural activities

1. The State encourages the entire population to practice thrift and combat waste in organization of weddings, funerals, festivities and other cultural activities, avoiding luxury and waste, preserving fine customs and practices and building up a civilized and healthy lifestyles.

2. The Ministry of Culture and Information shall have to promulgate a model statute on village rules and conventions on organization of weddings, funerals and other cultural activities of people, ensuring thrift practice and waste combat as a guide for localities to formulate and promulgate their own for implementation among people.

Article 65.- Organizing the implementation of regulations on thrift practice and waste combat among people

1. The People's Councils and the People's Committees at all levels shall have to launch movements for thrift practice and waste combat among people, stipulate forms of commendation, reward for families and individuals that well observe the legal provisions on thrift practice and waste combat. The Ministry of Culture and Information shall formulate cultured family standards in association with the encouragement and mobilization of people to practice thrift and combat waste, contributing to building up a civilized and healthy society.

2. Agencies and organizations shall have to mobilize and encourage their respective cadres, officials, employees and members to exemplarily implement the provisions of law on thrift practice and waste combat; to make the thrift practice and waste combat a content of assessment of their cadres, officials, employees and members.

3. The mass media shall promptly propagate, encourage and commend good persons and good deeds in thrift practice and waste combat, creating the social opinions of condemming and critizing waste.

Chapter IX

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS IN THRIFT PRACTICE AND WASTE COMBAT

Article 66.- Responsibilities of the Government

1. To submit to the National Assembly or the National Assembly Standing Committee for promulgation or to promulgate according to its competence legal documents, policies and measures for thrift practice and waste combat.

2. To amend, supplement or promulgate in time techno-economic norms, norms, criteria and regulations on the use of state budget, state money and properties, suitable to socio-economic conditions in each period, ensuring thrift practice and waste combat.

3. To direct and organize the inspection and examination of thrift practice and waste combat; to handle in time, strictly and publicly acts of violating law on thrift practice and waste combat according to competence.

4. To approve overall annual and long-term programs on thrift practice and waste combat; direct ministries, ministerial-level agencies, Government-attached agencies and provincial/municipal People's Committees in formulating and implementing their respective annual and long-term programs on thrift practice and waste combat; organize and direct the preliminary review and final review of the implementation of such programs and adopt measures to commend ministries, branches and localities for their good performance and handle ministries, branches and localities that fail to implement, are slow to implement them or have implemented them with less efficiency; report to the National Assembly on thrift practice and waste combat results at its year-end sessions.

5. To coordinate with the Fatherland Front and direct the mass media in intensifying the propagation of thrift practice and waste combat and mobilization of the entire population to practice thrift and combat waste.

Article 67.- Responsibilities of ministries, ministerial-level agencies, Government-attached agencies

1. To detail, formulate and guide the implementation of policies and measures for thrift practice and waste combat and direct their subordinate agencies, organizations in deployment of thrift practice and waste combat.

2. To revise the techno-economic norm systems under their respective management; to amend, supplement, promulgate or submit to competent authorities for timely promulgation such systems suitable to practical situation, scientific and technological advance, ensuring thrift and combating waste.

3. To work out and implement programs on thrift practice and waste combat and periodically report to the Government on the implementation results; to perform the work of inspection and examination, handle violations and publicize the handling of violations of regulations on thrift practice and waste combat in domains under their respective management and inspect, examine and handle agencies and organizations under their respective management.

4. To exercise the right to supervise the thrift practice and waste combat by citizens, agencies and organizations.

5. Ministers, heads of ministerial-level agencies or Government-attached agencies shall have to organize the implementation of the provisions of this Article and take responsibility for the results of thrift practice and waste combat in their respective assigned domains of management.

Article 68.- Responsibilities of the Finance Ministry

1. To amend, supplement, promulgate or submit to competent authorities for timely promulgation the norms, criteria and financial regimes on management and use of state budget, state money and properties, suitable to reality and capability of the state budget; to promulgate expenditure control regulations and procedures; to stipulate the regime of public financial statement and process of management and use of state properties.

2. To inspect, examine the state budget allocation and use; the management and use of state properties, the allocation of investment capital for construction, the management and use of state capital and properties at enterprises.

3. To sum up and submit to the Government for approval the annual and long-term overall programs on thrift practice and waste combat; to implement and periodically sum up and report on the results of implementation of programs on thrift practice and waste combat.

Article 69.- Responsibilities of the Ministry of Planning and Investment

1. To guide the formulation and appraisal of branch, regional development plannings and plans; to formulate and guide the formulation of investment project plannings, plans and lists, meeting thrift practice and waste combat requirements.

2. To appraise, supervise and evaluate investment projects under its competence according to the provisions of law on investment and construction management, ensuring the efficiency, conformity with socio-economic development strategy and approved plannings, plans.

3. To guide the implementation of bidding under the provisions of law on bidding; to inspect and examine the bidding according to competence.

4. To draw up and submit to the Government for promulgation and organize the implementation of regulations on investment supervision by communities.

Article 70.- Responsibilities of the Ministry of Construction

1. To manage construction plannings, grant construction permits, manage construction according to plannings, ensuring thrift and combating waste.

2. To amend, supplement, promulgate or submit to competent authorities for timely promulgation standards, techno-economic norms and criteria on investment in capital construction, which shall serve as bases for examination and assessment of thrift practice and waste combat.

3. To guide and conduct inspection and examination of construction works, ensuring the quality requirements, thrift and efficiency.

Article 71.- Responsibilities of the Ministry of Natural Resources and Environment

1. To guide the elaboration and appraisal of land use plannings and plans, ensuring the rational arrangement, thrifty and efficient exploitation and use of land.

2. To amend, supplement, promulgate or submit to competent authorities for timely promulgation norms, criteria, process, regulations, techno-economic norms on exploitation and use of natural resources; to elaborate and promulgate the regulations on management, exploitation and use of natural resources.

3. To inspect and examine the land allocation, land lease, the grant of land use right certificates; the management and use of water and other resources according to its managerial competence.

Article 72.- Responsibilities of the Ministry of Home Affairs

1. To amend, supplement, promulgate or submit to competent authorities for timely promulgation the regulations on responsibilities of public servants in thrift practice and waste combat. To guide the elaboration, consider and approve and implement the structures of public servant grades in agencies, organizations.

2. To coordinate with the Finance Ministry in amending, supplementing, promulgating or submitting to competent authorities for promulgation the regulations on use of means of transport, public-duty houses by public servants.

3. To guide and conduct the examination and inspection of the observance of regulations on management of payrolls, management of public servant grades and management of wage funds in agencies and organizations operating with the state budget funding.

Article 73.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To amend, supplement, promulgate or submit to competent authorities for timely promulgation the labor norms, the regulations on labor disciplines and working time, ensuring thrift and efficiency.

2. To formulate, promulgate, guide the implementation of, the regulations on labor organization, on employment of skilled laborers.

3. To inspect, examine the observance of labor disciplines, working time in state companies.

Article 74.- Responsibilities of the Ministry of Culture and Information

1. To promulgate or submit to competent authorities for timely promulgation plans, programs on propagation and campaigning for emulation movement for thrift practice and waste combat among people.

2. To promulgate regulations on anniversary, festivity, conference, seminar-organizing formalities.

3. To direct, guide the mass media in propagating and praising good people and good deeds in thrift practice and waste combat; to struggle against, criticize acts of causing waste.

4. To inspect, examine the thrift practice and waste combat in domains under its management.

Article 75.- Responsibilities of the People's Councils of all levels

1. To amend, supplement and promulgate norms, criteria and regimes according their decentralized competence and suitable to local budgets' capability.

2. To decide on estimates and allocation of local budget according to norms, criteria and regimes promulgated by competent state bodies; to ratify the local budget settlement, ensuring the requirements of thrift practice and waste combat.

3. To decide on measures to practice thrift and combat waste in localities.

4. To supervise thrift practice and waste combat in localities; to supervise the implementation of publicity in the domains specified in Article 6 of this Law in localities.

Article 76.- Responsibilities of the People's Committees of all levels

1. To formulate and implement annual and long-term programs on thrift practice and waste combat; to decide according to competence on and organize the application of measures to practice thrift and combat waste in localities.

2. To organize the implementation of regulations on budget management, construction and investment management, state property management; to inspect the use of state capital and properties at enterprises according to regulations on management decentralization.

3. To effect publicity in the domains specified in Article 6 of this Law according to competence and decentralization in localities; to ensure the exercise of the right to supervise the thrift practice and waste combat by citizens and concerned agencies as well as organizations.

4. To direct, organize the inspection, examination and evaluation of, and to periodically report on, the thrift practice and waste combat situation in localities to the People's Councils of the same level at their sessions, to superior People's Committees or the Government. To severely and promptly handle according competence and to publicize the handling of acts of violating the law on thrift practice and waste combat in localities.

5. Presidents of the People's Committees of all levels shall have the task to organize the implementation of provisions of this Article and bear responsibility for the results of thrift practice and waste combat in localities.

Article 77.- Responsibilities of the Fatherland Front and its member organizations

1. To organize the propagation for, to agitate and guide people in practicing thrift and combating waste in production and consumption.

2. To supervise the thrift practice and waste combat in agencies and organizations using the state budget, state money and properties; to supervise the thrift practice, waste combat in people's production and consumption; to supervise the handling of waste-causing acts.

Article 78.- Responsibilities of the inspection agencies, State Audit, investigation bodies, people's procuracies, people's courts

1. The inspection agencies shall have to inspect, detect acts of violating provisions of law on thrift practice and waste combat for handling according to competence or proposing competent state bodies to handle them according to provisions of law.

2. The State Audit, if detecting acts of causing waste while performing its auditing function, shall have to propose competent state bodies to handle them according to the provisions of law; the audit results related to acts of violating law on thrift practice and waste combat must be publicized.

3. The inspection agencies, the people's procuracies, the people's courts shall, within the ambit of their respective functions, tasks and powers, have to coordinate with the concerned agencies and organizations in handling in time and severely acts of violating law on thrift practice and waste combat.

Chapter X

COMPLAINTS, DENUNCIATIONS, COMMENDATION, AND HANDLING OF VIOLATIONS

Article 79.- Complaint, denunciation

1. Organizations and individuals shall have the right to complain about, and individuals shall have the right to denounce, acts of violating law on thrift practice and waste combat.

2. Competent agencies, organizations and individuals shall have to settle complaints about, denunciations against, acts of violating law on thrift practice and waste combat according to the provisions of law on complaints and denunciations.

3. Persons who commit acts of covering up, obstructing or showing irresponsibility in handling complaints and/or denunciations against, handling violators of law on thrift practice and waste combat and persons who commit acts of intimidating, retaliating complainants and/or denouncers shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.

Article 80.- Commendation

1. Agencies, organizations and individuals that have innovations, achievements in thrift practice and waste combat, detect and/or prevent acts of wasting state budget, state money and/or properties, labor, working time in the state sector and/or natural resources shall be commended. The Government shall guide in detail the implementation of the provisions of this Clause.

2. Agencies and organizations provided with operation funding by the state budget, that have implemented the mechanism of operation funding package or financial autonomy, shall be entitled to use the saved expenditures for their activities and increase of incomes for laborers.

3. Agencies and organizations provided with operation funding by the state budget, that have not implemented the mechanism of operation funding package or financial autonomy shall be entitled to use the saved expenditures for their activities and part thereof to reward collectives and individuals that record achievements in thrift practice and waste combat.

4. The use of saved expenditures as provided for in Clauses 2 and 3 of this Article must be publicized at agencies and organizations according to the provisions of law.

Article 81.- Compensation for damage caused by acts of wasting

1. Organizations and individuals that commit acts of violating the provisions of this Law, causing waste, shall have to pay partial or full compensation under the provisions of law.

2. The Government shall guide in detail the implementation of the provisions of Clause 1 of this Article.

Article 82.- Disciplinary forms and disciplining competence

1. Public servants who commit acts of violating the provisions of this Law shall, depending on the nature and seriousness of their violations, be disciplined in one of the following forms:

a/ Reprimand;

b/ Caution;

c/ Wage grade lowering;

d/ Rank demotion;

e/ Dismissal;

f/ Sack.

2. Competence to apply disciplinary forms specified in clause 1 of this Article against public servants shall comply with the provisions of law on public servants.

Article 83.- Form of administrative sanctions and competence to sanction administrative violations

1. Organizations and individuals that commit acts of violating the provisions of this Law shall be administratively sanctioned in the following forms:

a/ Caution;

b/ Pecuniary fine.

2. Depending on the nature and seriousness of their violations, the violating organizations and individuals may also be subject to the application of one or all of additional sanctioning forms, including deprivation of the right to use licenses, practice certificates; confiscation of material evidences, means used for commission of violations.

3. Apart from the sanctioning forms specified in Clauses 1 and 2 of this Article, violating organizations and individuals must redress the consequences of their violations as provided for by the law on handling of administrative violations.

4. Competence to apply forms of handling administrative violations against organizations, individuals specified in Clauses 1, 2 and 3 of this Article shall comply with the provisions of law on handling of administrative violations.

Article 84.- Examination for penal liability

Persons who commit acts of violating the provisions of this Law shall be examined for penal liability under the provisions of law if their acts are composed of criminal elements.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 85.- Implementation effect

This Law shall take effect as from June 1, 2006.

The February 26, 1998 Ordinance on Thrift Practice and Waste Combat shall cease to be effective from the effective date of this Law.

Article 86.- Implementation guidance

The Government shall detail and guide the implementation of this Law.

This Law was passed on November 29, 2005, by the XI^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.

 

THE NATIONAL ASSEMBLY CHAIRMAN Nguyen Van An