Chương I Luật Thực hành tiết kiệm, chống lãng phí 2005: Những quy định chung

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.