Chương 1 Nghị định 43/2006/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

1. This Decree provides for the right to autonomy and self-responsibility for task performance, organizational apparatus, payroll and finance of public non-business units (called non-business units for short), which are established under decisions of competent state agencies.

Units exercising the right to autonomy and self-responsibility must be independent budget-estimating ones, which have their own seals and accounts and accounting apparatuses organized in accordance with the provisions of the Accounting Law.

2. The Radio Voice of Vietnam, Vietnam News Agency and non-business units having particular operational process and non-business units attached to the Ministry of Defense, the Ministry of Public Security, political organizations and socio-political organizations may apply the provisions of this Decree.

3. Science and technology institutions shall comply with the provisions of the Government's Decree No. 115/2005/ND-CP of September 5, 2005, providing for the mechanism of autonomy and self-responsibility of public science and technology institutions.

Article 2.- Objectives of exercise of the right to autonomy and self-responsibility

1. To give the right to autonomy and self-responsibility to non-business units in organizing their works, restructuring their apparatuses, using their labor and financial resources to accomplish the assigned tasks; to bring into full play their own capabilities in order to provide high-quality services for society; and increase revenues to step by step ensure laborers' incomes.

2. To materialize the undertaking of socialization of the provision of services for society, to mobilize social community's contributions to the development of non-business operations, step by step reduce the state budget subsidy.

3. While delegating the right to autonomy and self-responsibility to non-business units, the State still pays attention to investment in further development of non­business operations; ensure that social policy beneficiaries, ethnic minority people and people in deep-lying, remote and special difficulty-hit areas will be provided with better and better services under regulations.

4. To clearly distinguish the state management mechanism applicable to non-business units from that applicable to state administrative agencies.

Article 3.- Principles for exercise of the right to autonomy and self-responsibility

1. Accomplishing the assigned tasks; being in line with the assigned functions and tasks, professional and financial capacities of the units, with regard to commodity production and service provision (called service activities for short).

2. Exercising publicity and democracy in accordance with the provisions of law.

3. Exercising the right to autonomy in association with self-responsibility before immediate superior agencies and before law for one's own decisions; being subject to inspection and supervision by competent state agencies.

4. Guaranteeing the State's interests, the rights and obligations of organizations and individuals under the provisions of law.

Article 4.- Operational transformation

The State encourages public non-business units to switch to operate after the model of enterprises or non-public units in order to bring into full play all of their operational capabilities according to the provisions of law.

Public non-business units transformed into enterprises or non-public units shall enjoy tax and land preferences as well as property already invested by the State in accordance with the provisions of law.