Chapter II
SPECIFIC PROVISIONS ON THRIFT PRACTICE AND WASTFULNESS COMBAT
SECTION 1. TO PRACTICE THRIFT AND COMBAT WASTEFULNESS IN THE USE OF THE STATE BUDGET 'S REGULAR EXPENDITURS
Article 7.- The establishment of new organizations, the merger, separation and splitting of existing ones, and the adjustment of the geographical boundaries of administrative units must be based on the actual needs, and ensure the socio-economic effectiveness, national defense and security, thrift practice and wastefulness combat.
Article 8.-
1. The assignment of payrolls and wage funds must be based on the functions, tasks and powers of organizations. The organizations shall have to strictly abide by the State regulations on payrolls and wages.
The recruitment of laborers in excess of the payroll and the payment of wages in excess of the wage fund assigned by competent State agencies are strictly forbidden.
2. The recruitment of laborers under long-term contracts by organizations must comply with the regulations of competent State agencies and such recruitment must not result in the payment of wages in excess of the total wage fund assigned.
3. Any decisions on labor recruitment, skill upgrading, professional grade transfer or raising wage payments at variance with the regulations shall be canceled and if damage is caused by the persons who make such decisions they shall have to compensate therefor.
Article 9.-
1. Organizations that employ laborers shall have to arrange laborers in a rational manner. Laborers shall have to comply with the working time and labor disciplines as prescribed by the Labor Code and the Ordinance on Public Employees.
2. The heads of organizations shall have to pay salaries and wages to laborers as prescribed by law. Any individuals that violate the regulations on the working time and labor disciplines shall be handled in accordance with the provisions of the Labor Code and the Ordinance on Public Employees.
Article 10.-
1. Equipment, facilities and other property equipped in organizations shall comply with the criteria, standards and regimes prescribed by competent State agencies. The procurement of equipment, means and other property which are subject to bidding shall comply with the bidding regulations.
2. Equipment, facilities and other property procured with State budget funding must be home-made products, except for cases where the home-made products, though being of the same quality as foreign-made ones, have higher prices, or though having the same prices but their quality is poorer than that of foreign made products.
3. The person who decides to procure equipment, facilities and other property at variance with the provisions in Clause 1 and Clause 2 of this Article shall be handled in accordance with the provisions of law.
Article 11.- The procurement and use of means of transport in service of working shall have to comply with the quotas, criteria, regime, type and the maximum ceiling price as stipulated by the Government.
The Government shall specify the handling of cases where means of transport are used in excess of the prescribed quotas, at variance with the prescribed criteria, regime and types applicable to transport means procured before the effective date of this Ordinance.
Article 12.-
1. The installation and use of information and communication facilities in offices and private houses of public employees shall have to comply with the norms, criteria and regime prescribed by competent State agencies and the already approved cost estimate.
2. Information and communication facilities in offices shall be used only for public duties; if for personal purposes, users shall have to pay charges. People who use their organizations' information and communication equipment in their private houses in excess of the prescribed norms, criteria and regime shall have to pay the excessive charges.
Article 13.- The regular spending must comply with the norms, criteria and regime prescribed by competent State agencies and not exceed the already approved cost estimates.
Any persons who decide regular expenditures at variance with the prescribed norms, criteria and regime or the already approved cost estimate shall be handled in accordance with the provisions of law.
Article 14.-
1. The sending of public employees on working missions must be made in accordance with plans, the working requirements, for the right purposes and ensure the efficiency.
2. The payment of working mission allowances shall comply with the norms, criteria and regime prescribed by competent State agencies and the approved cost estimates.
Article 15.-
1. The organization of conferences must comply with plans and ensure the saving of time and State funding.
2. The expenses for organizing conferences must comply with the norms, criteria and regime prescribed by competent State agencies and the approved cost estimates.
3. Expenses for conferences included in the annual cost estimates of organizations funded by the State budget, which have not been used up as a result of the adoption of effective thrift practicing measures, shall be allocated for other tasks as stipulated by the Government.
Article 16.-
1. All expenses for receptions and festive occasions must comply with the regime prescribed by competent State agencies and the approved cost estimate.
2. The organization of anniversaries and festivals by organizations or localities shall comply with the norms, criteria and regime prescribed by competent State agencies.
3. The use of public funds for commending and rewarding organizations and/or individuals shall comply with the Government's stipulations; any person who decides any amount in excess of the prescribed norms, criteria and regime shall be handled in accordance with the provisions of law.
All organizations and individuals are strictly forbidden to use public funds for expenditures outside the prescribed regime.
Article 17.- No organization or individual shall be allowed to use State budget funding for organizing ground-breaking ceremonies, project commencement or inaugural ceremonies, except for special cases decided by the Prime Minister.
Article 18.- The setting up of illicit funds is strictly forbidden.
All illegal funds shall be recovered and remitted into the State budget; any person who decides to set up an illicit fund or who uses such fund shall be handled in accordance with the provisions of law.
Article 19.- All allocations from a higher-level budget to a lower-level one and all allocations to enterprises must be distributed and used according to the regulations on the assignment of the budget management and the norms, criteria and regime prescribed by competent State agencies.
Article 20.- The Government shall stipulate the thrift practice and wastefulness combat with regard to special expenditures for defense and security.
SECTION 2. TO PRACTICE THRIFT AND COMBAT WASTEFULNESS IN INVESTMENT AND CONSTRUCTION
Article 21.- The approval of investment planning and plans and the allocation of investment capital must ensure the socio-economic effectiveness and suit the potential of the economy.
All projects shall be approved only when they are included in the general planning ratified by competent levels.
All investment decisions must be made on the basis that the projects have been formulated according to the regulations on investment and construction management and suited to the financial capabilities in each period.
All decisions to invest in projects that are outside the approved general planning, formulated and evaluated at variance with the prescribed procedures shall be suspended. Any person who makes a wrong investment decision shall be handled in accordance with the provisions of law.
Article 22.- The compilation, evaluation and approval of technical designs of investment projects shall comply with the economic-technical norms prescribed by competent State agencies; any person who are competent to compile, evaluate or approve the technical design of an investment project and thus causes waste shall be handled in accordance with the provisions of law.
Article 23.-
1. The evaluation and approval of the total cost estimate of a project must be based on the economic-technical norms and standards prescribed by competent State agencies and comply with the approved technical design.
2. The project construction bidding must comply with the bidding regulations.
3. Any persons who are competent to approve total cost estimates or bidding results but violate the provisions in Clause 1 and Clause 2 of this Article shall be handled in accordance with the provisions of law.
Article 24.- The investment and construction of a project must comply with its technical design, construction tempo and cost estimate or its winning bid price already approved.
A project constructor who prolongs the construction time, constructs the project at variance with the technical design or use raw materials, fuel and materials of the wrong quality and technical standards, thus reducing the project quality and causing waste shall be handled in accordance with the provisions of law.
Article 25.- The allocation or lending of capital must comply with the set tempo, the project cost estimate or the winning bid price; the project inspection, supervision and settlement must comply with the regulations on the management of investment and construction capital.
Any competent persons who grant or lend capital in excess of the cost estimate or the bid winning price shall be handled in accordance with the provisions of law, except for special cases to be stipulated by the Government.
SECTION 3. TO PRACTICE THRIFT AND COMBAT WASTEFULNESS IN THE MANAGEMENT AND USE OF LAND, WORKING OFFICES, PUBLIC SERVICE HOUSES AND NATURAL RESOURCES
Article 26.- The elaboration of general planning and plans on the use of land, and the decision to assign or lease land to organizations and/or individuals must comply with the provisions of the land legislation.
Any land which is assigned or leased ultra vires, for a wrong use purpose or in excess of the prescribed norms, criteria and regime shall be recovered; any persons who violate the regulations on land assignment or lease shall be handled in accordance with the provisions of law.
Article 27.- Organizations and/or individuals that are assigned or leased land by the State shall have to use land economically and for the right purposes as stated in the land assignment or lease decisions and the land use right certificates granted by competent State agencies. Any assigned or leased land which is not used or used for a wrong purpose as prescribed by law shall be in all circumstances recovered.
Article 28.- Working offices, public service houses and other architectural works must be used according to the norms, criteria and regime prescribed by competent State agencies, any excess shall be rationally re-arranged or adjusted. Unused working offices and public service houses shall be recovered.
The assignment of working offices, public service houses and other architectural works to organizations and/or individuals for use must comply with the norms, criteria and regime prescribed by competent State agencies.
Article 29.- The management and exploitation of minerals and other natural resources shall comply with the provisions of law as well as the technological processes, technical regulations, economic-technical norms and criteria prescribed by competent State agencies.
Any violation of the regulations on the natural resource prospection, exploitation and utilization, causing waste and damage to natural resources and destroying the environment shall be handled according to law.
SECTION 4. TO PRACTICE THRIFT AND COMBAT WASTEFULNESS IN THE MANAGEMENT AND USE OF CAPITAL AND PROPERTY AT STATE ENTERPRISES
Article 30.-
1. State enterprises shall have to abide by the Government's stipulations on financial management.
2. Basing themselves on the Government's stipulations on financial management, State enterprises shall issue norms and regulations on administrative expenditures, expenditures on receptions, meetings and public relations according to their organizational sizes and business and production requirements. State enterprises shall make managerial expenses according to the promulgated norms and regulations without exceeding the levels controlled by the Government; any persons who decide expenditures in excess of the prescribed level shall be handled according to law.
Article 31.- State enterprises shall have to abide by the regulations on the wage regime and the wage restriction level prescribed by competent State agencies. The use of wage funds for other purposes is strictly forbidden.
Any competent persons who approve or effect payments at variance with the wage regime shall be handled according to law.
Article 32.- The setting up and use of funds at State enterprises and the use of State budget allocations must comply with the regulations of competent State agencies.
All illicit funds shall be recovered and remitted into the State budget. Any persons who decide to set up illicit funds shall be handled according to law.
Article 33.- The procurement of equipment, facilities and other property in service of the administrative management in State enterprises must comply with the Government's stipulations. Any equipment, facilities and other property supplied for State enterprises in excess of the prescribed norms, criteria and regime shall be handled according to the Government's stipulations.
Article 34.- State enterprises shall have to use the housing spaces and land areas for the right purposes as stated in the land assignment or lease decisions and the land use right certificates issued by competent State agencies; any use of houses and/or land for wrong purposes shall be handled in accordance with the provisions of law.
Article 35.- State enterprises shall have to abide by all the regulations on cost-accounting, accountancy and statistics; The forgery of documents and vouchers and exclusion of property, materials, capital and funding from accounting records are strictly forbidden and violators shall be handled in accordance with the provisions of law.
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