Chương II Luật Thực hành tiết kiệm, chống lãng phí 2005: Thực hành tiết kiệm, chống lãng phí trong quản lý, sử dụng kinh phí ngân sách nhà nước

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.