Chương 1 Luật thực hành tiết kiệm, chống lãng phí 2013: Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the thrift practice and waste combat in:

1. The management and use of state budget, state capital and assets, labor and working time in the state sector;

2. The management, exploitation and use of resources;

3. Production, business and consumption activities of organizations, households and individuals.

Article 2. Subjects of application

1. Agencies, organizations and individuals managing or using state budget, state capital and assets, labor and working time in the state sector.

2. Agencies, organizations, households and individuals managing, exploiting and using resources.

3. Other organizations, households and individuals.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Thrift is the reduction of waste during use of capital, property, labor, working time and resources while the set targets are still achieved. For the management and use of state budget, state capital and assets, labor and working time in the state sector and resources in the fields which competent state agencies have issued norms, criteria and entitlements, thrift is use thereof at levels lower than such norms, criteria and entitlements while the set targets are still achieved or use thereof in conformity with such norms, criteria and entitlements but the achievements are higher than the set targets.

2. Waste is the inefficient management and use of capital, property, labor, working time and resources. For fields which competent state agencies have issued norms, criteria and entitlements, waste is the management and use of state budget, state capital and assets, labor and working time in the state sector and resources in excess of the norms, criteria and entitlements or failure of achieving the set targets.

3. State capital includes state budget capital, credit capital guaranteed by Government, development investment credit capital of the State, development investment capital of state-owned enterprises and other capitals managed by the State.

4. The state sector includes agencies and organizations set up, invested with physical foundations, partially or fully allocated with operational funds, by the State, which State directly manages or participates in management with the aim to serve the common and essential development demands of the State and society.

5. State assets are assets created from the state budget or owned or managed by the State as prescribed by law, including offices, land use rights and land-attached assets; machinery, means of transport, working equipment; assets originated from aid, donation and contributions of domestic and foreign organizations and individuals to the State, and other assets as prescribed by law.

6. Resources include land, water resources, mineral resources, and resources in sea areas, continental shelf, airspace, and other natural resources.

Resources and assets which are invested in and managed by State are public property belonging to the entire people’s ownership and being uniformly managed by the State as the owner’s representative.

7. Heads of agencies or organizations are those elected, appointed or approved to keep leading or managerial positions, and take the highest responsibility in such agencies or organizations.

Article 4. Principles in thrift practice and waste combat

1. Thrift practice and waste combat shall be a regular task, from guidelines, mechanisms and policies to organization of implementation in association with inspection and supervision.

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

3. Thrift practice and waste combat must be associated with administrative reform and the fulfillment of assigned tasks, not affecting the normal operation of agencies and organizations.

4. Management decentralization and close coordination among levels, sectors, agencies and organizations in the performance of assigned tasks, and in association with the responsibilities of cadres, civil servants and public employees in agencies and organizations must be conducted for thrift practice and waste combat.

5. Democracy, publicity and transparency must be guaranteed; the supervision role of the National Assembly, People’s Councils at all levels, Vietnam Fatherland Front and its member organizations and the people must be protected in thrift practice and waste combat.

Article 5. Publicity of thrift practice and waste combat

1. Publicity of activities related to management and use of state budget, state capital and assets, labor, working time and resources is a measure to guarantee thrift practice and to stop and prevent waste.

2. Except for the fields and activities related to state secrets, the following fields and activities must be publicized:

a) Estimation, allocation, adjustment of estimate and final settlement of state budget of agencies and organizations using state budget; funds originating from the state budget;

b) Capital construction investment, procurement, management and use of assets in agencies and organizations using state budget;

c) Amounts collected into the state budget, capital raised for the state budget and state credit; funds originating from domestic and foreign mobilized contributions; public debts as prescribed by the Law on Management of Public Debts;

d) Master plans and plans on socio-economic development; master plans and plans on sector or regional development; master plans and plans on land use; urban master plans, investment master plans, plans and lists of investment projects and investment capital sources; construction master plans; resource exploitation master plans, plans and activities;

e) Norms, criteria and entitlements prescribed or applied by agencies or organizations; regulations on financial management and internal expenditures of agencies and organizations; sectoral standards and norms;

f) Distribution and use of labor resources;

g) Programs and plans on thrift practice and waste combat; results of thrift practice; wasteful acts and results of handling of wasteful acts;

h) Process and procedures for settlement of affairs between state agencies with organizations or individuals;

i) Other fields as prescribed by law.

3. Forms of publicity include:

a) Issuance of publications;

b) Announcement in the mass media;

c) Written notification to related agencies, organizations and individuals;

d) Posting on websites;

e) Announcement at meetings; posting up at working offices of agencies and organizations;

f) Supply of information at the request of relevant agencies, organizations and individuals.

4. In addition to compulsory forms of publicity as prescribed by law, heads of agencies or organizations shall select and apply one or a number of publicity forms for each field of activities in accordance with Clause 3 of this Article.

5. The Government shall detail the forms, contents and time of publicity.

Article 6. Supervision of thrift practice and waste combat

1. Citizens have the right to supervise the thrift practice and waste combat through reports, complaints and denunciations or through the Vietnam Fatherland Front and its member organizations; detect and report promptly wasteful acts to competent organizations or persons.

2. The National Assembly, the National Assembly Standing Committee, National Assembly’s agencies, National Assembly deputy delegations and National Assembly deputies shall supervise the thrift practice and waste combat in accordance with the Law on supervision Activities of the National Assembly.

3. The People’s Councils at all levels and People’s Council deputies shall supervise the thrift practice and waste combat in their localities as prescribed by law.

4. The Vietnam Fatherland Front and its member organizations, people’s inspectorates, and investment supervision boards of communities shall supervise the thrift practice and waste combat as prescribed by law.

Article 7. Responsibilities of heads of agencies and organizations

1. To formulate, and direct the implementation of, programs and plans for thrift practice and waste combat associated with the administrative reform tasks, clearly identify the objectives and targets of thrifty and waste combat requirements in the fields, agencies or organizations under their management scope; to draw up implementation solutions aiming to achieving the targets of thrift practice and waste combat.

2. Within the scope of their functions, tasks and powers, to take responsibility for the issuance of impractical or illegal documents of internal validity which cause waste.

3. To take personal responsibility for organizing thrift practice and waste combat; to periodically assess and draw experiences from implementation of programs and plans and make explanations on occurrence of waste in their agencies or organizations.

4. To sum up and report on the situation and results of thrift practice and waste combat in their agencies or organizations.

5. To guarantee the exercise of the rights of citizens, agencies and organizations to supervise the thrift practice and waste combat, as prescribed in Article 6 of this Law. Upon receiving reports on wasteful acts, heads of agencies or organizations must direct the inspection and consideration of such acts in order to work out measures to stop and handle them promptly and reply in writing to the agencies, organizations or individuals that have detected such acts.

6. To create necessary conditions for people’s inspection activities; to organize internal audit, examination and inspection activities under their competence; to handle or coordinate with competent state agencies in handling promptly, strictly and lawfully persons in their agencies or organizations who commit wasteful acts; to publicize the handling of wasteful acts in their agencies or organizations.

Article 8. Responsibilities of cadres, civil servants, public employees

1. To realize thrift programs, plans, targets and norms and waste combat requirements as assigned.

2. To manage and use the allocated state capital and assets for proper purposes and according to quotas, criteria and entitlements; to make explanations on, and take personal responsibility for, the occurrence of waste within the scope of their management and use.

3. To participate in people’s inspection activities, participate in supervision and propose measures and solutions for thrift practice and waste combat in their agencies or organizations and in their assigned work fields; to detect, stop and handle in time wasteful acts under their competence.

Article 9. Detection of waste and responsibility to process waste detection information

1. Waste detection information includes:

a) News and articles in the mass media;

b) Reports in other forms from agencies, organizations and individuals.

2. Persons who detect waste have the right to provide information to heads of agencies or organizations where waste occurs, heads of agencies of immediate higher level, inspection and examination agencies or State Audit Agencies for consideration and settlement, or to the mass media for reporting according to regulations, and shall take responsibility for the truthfulness and accuracy of the detected information. Those who deliberately provide untruthful information, abuse information to affect activities of agencies or organizations or the prestige of other persons shall be handled as prescribed by law.

3. Heads of agencies or organizations where occurrence of waste is detected shall examine and clarify the information on waste detection as receiving information; and they must stop and remedy in time any waste that occurs; handle under their competence or propose competent authorities to handle wrongdoings and violations and publicize the results thereof; and make explanations on occurrence of waste to functional agencies.

4. Inspection and examination agencies, State Audit Agencies, heads of agencies of immediate higher level shall, upon receiving information on waste, direct and organize the clarification thereof under their functions and tasks, stop and handle promptly under their competence or propose competent authorities to handle such cases as prescribed by law.

5. News and press agencies shall perform their responsibility in detecting and reporting on wasteful acts.

6. All acts of obstructing the exercise of the right to provide information on waste detection; intimidating, retaliating against, taking revenge on or hurting persons who provide information on waste detection are prohibited.

7. The Government shall detail the processing of information and measures to protect persons who provide waste detection information.

Article 10. Examination, inspection, expenditure control and state audit

1. Examination of thrift practice and waste combat is a regular task, including self- examination by agencies and organizations; examination over subordinate agencies or organizations and related persons by superior agencies or organizations.

2. The inspection of thrift practice and waste combat shall be implemented through administrative inspections, specialized inspections or through the settlement of complaints and denunciations by competent state agencies against agencies, organizations or individuals.

3. The State Treasury shall examine and control state budget expenditures according to policies, norms, criteria and entitlements prescribed by the State to ensure thrifty and efficient use and combat waste.

4. Audit of thrift practice and waste combat includes audit of financial statements, observance audit and operation audit of the management and use of state budget, state capital and assets and resources by agencies and organizations.

5. Competent state agencies, when conducting examinations, inspections, expenditure control and audits, have the responsibility to detect, stop and handle promptly under their competence or propose competent authorities to handle violations related to thrift practice and waste combat; and clearly identify the causes thereof and propose remedies.