Ordinance No. 02/1998/PL-UBTVQH10 stipulates the implementation of thrift and prevention of waste in managing and using state budget funds, capital, and state assets. The Ordinance applies to organizations and individuals managing and using these resources. Notably, it clearly defines the responsibility of the head of the organization and provides for administrative and criminal penalties for waste.
适用范围
Organizations and individuals managing and using state budget funds, capital, and state assets; civil servants; state-owned enterprises; the Vietnam Fatherland Front and its member organizations.
要点
- Organizations and individuals managing and using state budget funds, capital, and state assets must implement thrift and prevent waste according to the provisions of this Ordinance (Article 1).
- The allocation of staff positions and salary funds must be based on the functions, tasks, and authorities of the organization; recruitment of labor exceeding the authorized staffing level and payment of salaries exceeding the authorized salary fund is strictly prohibited (Article 8).
- Equipment, means of transportation, and other assets provided in organizations must comply with standards, quotas, and regulations set by competent state agencies; procurement of equipment, means of transportation, and other assets that require bidding must be carried out in accordance with bidding regulations (Article 10).
- Regular expenditures must be implemented in accordance with the standards, quotas, and regulations set by competent state agencies and must not exceed the approved budget estimate; those who decide on regular expenditures that do not comply with the standards, quotas, and regulations, or exceed the budget estimate will be subject to disciplinary action (Article 13).
- The use of state budget funds to organize groundbreaking ceremonies, construction commencement ceremonies, and completion ceremonies for projects must be decided by the Prime Minister; unauthorized establishment of funds is strictly prohibited (Articles 17 and 18).
🌐 本文件的社会影响
- Positive impact: Reducing waste, increasing the efficiency of resource utilization, promoting industrialization and modernization of the country.
- Negative impact: May cause difficulties in organizing political and cultural events; may limit individual freedom in certain cases.
❓ 常见问题
What provisions are there regarding hiring labor exceeding the authorized staffing level?
Recruitment of labor exceeding the authorized staffing level and payment of salaries exceeding the authorized salary fund is strictly prohibited (Article 8).
What regulations must be followed when purchasing equipment, means of transportation, and other assets?
Equipment, means of transportation, and other assets provided in organizations must comply with standards, quotas, and regulations set by competent state agencies. Procurement of equipment, means of transportation, and other assets that require bidding must be carried out in accordance with bidding regulations (Article 10).
What regulations must be followed for regular expenditures?
Regular expenditures must be implemented in accordance with the standards, quotas, and regulations set by competent state agencies and must not exceed the approved budget estimate. Those who decide on regular expenditures that do not comply with the standards, quotas, and regulations, or exceed the budget estimate will be subject to disciplinary action (Article 13).
What provisions are there regarding the use of state budget funds to organize groundbreaking ceremonies?
The use of state budget funds to organize groundbreaking ceremonies, construction commencement ceremonies, and completion ceremonies for projects must be decided by the Prime Minister (Article 17).
How is the establishment of unauthorized funds prohibited?
All unauthorized funds must be recovered and remitted to the state budget; those who decide to establish unauthorized funds and those who use unauthorized funds will be subject to legal sanctions (Article 18).
全文
ORDINANCE
Practicing thrift and combating waste
Thrift is a national policy. To manage and use resources effectively, practicing thrift and combating waste in production and consumption, aiming to develop the economy and society, accelerate industrialization and modernization of the country;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to the Resolution of the 10th National Assembly, second session on the legislative program for 1998;
This Ordinance stipulates on practicing thrift and combating waste in managing and using state budget funds, capital, and state assets, and mobilizing the people to practice thrift in production and consumption,
PART I
GENERAL PROVISIONS
Article 1
Organizations and individuals managing and using state budget funds, capital, and state assets, land, office premises, public service housing, natural resources, construction investment capital, and capital and assets at state-owned enterprises must practice thrift and combat waste in accordance with the provisions of this Ordinance.
Every citizen has the obligation to practice thrift in production and consumption to reserve funds for development investment, implement industrialization and modernization of the country.
Article 2
In this Ordinance, the following terms are understood as follows:
1. Thrift is the use of financial resources, labor, and other resources at a lower level than the quota, standard, or regime prescribed but still achieving the set objectives or using according to the quota, standard, or regime prescribed but achieving higher efficiency than the set objectives.
2. Waste is the use of financial resources, labor, and other resources exceeding the quota, standard, or regime prescribed by competent state agencies or using according to the quota, standard, or regime prescribed but with lower quality or not meeting the set objectives.
3. State budget funds are the amount of money from the state budget used for specific tasks and objectives in the state budget plan approved by competent state agencies.
4. State capital and assets include capital and state budget funds allocated; capital with origins from the state budget; assets formed from state budget capital; state credit capital; foreign aid; contributions from the people; land; houses and other architectural works under state ownership; natural resources; and financial support from domestic and foreign organizations and individuals.
5. Illegal fund is a fund established in violation of state regulations, intended for private purposes of organizations or certain individuals, evading supervision by competent state agencies.
6. Organization includes state agencies, public service units, armed forces units, political organizations, political-social organizations, social organizations, occupational social organizations, state-owned enterprises, and other economic organizations.
Article 3
The allocation and use of state capital and assets must be carried out in accordance with the regulations on examination, approval, and issuance, and the standards, quotas, and regimes issued by competent state agencies, ensuring thrift, fairness, and transparency as prescribed by law.
The head of an organization entrusted with the management and use of state capital and assets must take measures to practice thrift and combat waste and bear responsibility for wasteful acts within their functional management scope.
Article 4
Civil servants causing waste of state capital and assets shall be held responsible financially, disciplined, or criminally prosecuted depending on the nature and severity of the violation, and if damage occurs, they must compensate according to the law.
Individuals causing waste of state capital and assets shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation, and if damage occurs, they must compensate according to the law.
Article 5
Organizations and individuals have the responsibility to detect and report to competent state agencies about wasteful acts in the use of state capital and assets.
Article 6
1. The Government directs ministries, sectors, local authorities to establish regulations on organizing festivals, weddings, funerals, and other regulations to maintain Vietnamese traditional customs, save people's money and time, and prevent the misuse of beliefs, religions, and customs for improper gains.
2. Ministries, ministerial-level agencies, government agencies, People's Councils, People's Committees at all levels, the Vietnam Fatherland Front, and member organizations within their functions, tasks, and powers have the responsibility to organize, guide, and mobilize the people to practice thrift and combat waste in production and consumption, cultural activities, festivals, weddings, funerals, and other activities.
3. Information and press agencies have the responsibility to promote good examples of thrift and waste prevention; criticize wasteful acts in production and consumption according to the law.
PART II
SPECIFIC PROVISIONS ON PRACTICING THRIFT AND COMBATING WASTEFULNESS
PART 1
PRACTICING THRIFT AND COMBATING WASTE IN THE USE OF
REGULAR EXPENSES FROM THE STATE BUDGET
, Clause 1, Clause 2 Article 7a of this Regulation.
The establishment of new organizations, mergers, divisions, and adjustments of administrative boundaries must be based on actual needs, ensuring economic and social efficiency, national defense, security, and thoroughly implementing thrift and waste prevention.
Article 8
1. The allocation of staff quotas and salary funds must be based on the functions, tasks, and powers of organizations. Organizations must comply with state regulations on staff quotas and salaries.
It is strictly prohibited to recruit labor exceeding the staff quota or pay salaries exceeding the salary fund assigned by competent state agencies.
2. Recruitment of long-term contract labor by organizations must comply with the regulations of competent state agencies and not exceed the total salary fund assigned.
3. Decisions on recruiting labor, upgrading positions, transferring grades, upgrading grades, or paying salaries contrary to regulations must be revoked; if damage occurs, the person making such decisions must compensate.
Article 9
1. Organizations using labor must reasonably arrange and allocate labor. Workers must comply with working hours and labor discipline as prescribed by the Labor Code and the Civil Servant Ordinance.
2. The head of an organization is responsible for paying wages and remuneration to workers according to the law. Individuals violating working hours and labor discipline will be handled according to the Labor Code and the Civil Servant Ordinance.
Article 10
1. Equipment, means, and other assets equipped in organizations must comply with standards, quotas, and regulations prescribed by competent state agencies. The purchase of equipment, means, and other assets that require bidding must be carried out in accordance with bidding regulations.
2. Equipment, means, and other assets purchased with state budget funds must be domestically produced products, except in cases where domestic products have the same quality as foreign-produced products but at a higher price or have the same price but lower quality.
3. A person deciding to purchase equipment, means, and other assets who does not comply with the provisions of Clause 1 and Clause 2 of this Article shall be handled according to the provisions of the law.
Article 11
The purchase and use of transportation means for work purposes must comply with quotas, standards, regulations, types, and the maximum ceiling price as stipulated by the Government.
The Government shall specify the handling of cases where transportation means are used beyond quotas, not in compliance with standards, regulations, and types prescribed for transportation means purchased before this Ordinance takes effect.
Article 12
1. The installation and use of communication means at workplaces and at the residences of civil servants must comply with quotas, standards, and regulations prescribed by competent state agencies and approved budgets.
2. Communication means at workplaces may only be used for official purposes; if used for personal purposes, the user must pay. If a user exceeds the quotas, standards, and regulations prescribed when using communication means of an organization at their residence, they must pay the excess amount.
Article 13
Regular expenditures must be carried out in accordance with quotas, standards, and regulations prescribed by competent state agencies and must not exceed the approved budget.
A person deciding on regular expenditures who does not comply with quotas, standards, and regulations, or exceeds the approved budget shall be handled according to the provisions of the law.
Article 14
1. The dispatching of civil servants on official business must be planned and implemented according to job requirements, with clear objectives, ensuring effectiveness.
2. Official travel expenses must comply with quotas, standards, and regulations prescribed by competent state agencies and approved budgets.
Article 15
1. The organization of conferences must follow plans, ensuring efficient use of time and state funds.
2. Expenditures for organizing conferences must comply with quotas, standards, and regulations prescribed by competent state agencies and approved budgets.
3. Conference funds in the annual budget of organizations benefiting from the state budget that remain unused due to effective cost-saving measures can be reallocated to other tasks as stipulated by the Government.
Article 16
1. Hospitality and ceremonial expenses must be carried out in accordance with regulations prescribed by competent state agencies and approved budgets.
2. The organization of commemorative ceremonies or festivals by organizations or localities must comply with quotas, standards, and regulations prescribed by competent state agencies.
3. The use of public funds to give gifts or rewards to organizations or individuals must be carried out in accordance with the provisions of the Government; if expenditures exceed quotas, standards, and regulations, the person deciding on such expenditures shall be handled according to the provisions of the law.
All organizations and individuals are strictly prohibited from using public funds for expenditures outside the prescribed regulations.
Article 17
Organizations and individuals are not allowed to use state budget funds to organize groundbreaking, groundbreaking, or completion ceremonies for projects, except in special cases decided by the Prime Minister.
Article 18
Unauthorized fund establishment is strictly prohibited.
All unauthorized funds must be recovered and submitted to the state budget; persons deciding to establish unauthorized funds or using unauthorized funds shall be handled according to the provisions of the law.
Article 19
Subsidies from upper-level budgets to lower-level budgets and subsidies to enterprises must be distributed and used in accordance with the regulations on budget management levels and quotas, standards, and regulations prescribed by competent state agencies.
Article 20
The Government shall regulate thrift and waste prevention for special expenditures related to national defense and security.
PART 2
PRACTICES TO ENSURE ECONOMY AND PREVENT WASTE IN INVESTMENT CONSTRUCTION PROJECTS USING STATE BUDGET FUNDS, STATE FUNDS, AND STATE ASSETS
Article 21
The approval of planning, investment plans, and capital allocation must ensure economic and social efficiency and be commensurate with the capacity of the economy.
Approved investment projects must be within the planning framework approved by the competent authority.
Investment decisions must be based on projects developed in accordance with investment construction management regulations, suitable for financial capacity at each stage.
Any investment decision not within the approved planning framework, not following the correct project development and review procedures, must be suspended. Persons making incorrect investment decisions shall be handled according to the provisions of the law.
Article 22
The preparation, review, and approval of technical designs for investment projects must be carried out in accordance with economic and technical quotas prescribed by competent state agencies; persons authorized to prepare, review, and approve technical designs for investment projects who cause waste shall be handled according to the provisions of the law.
Article 23
1. The review and approval of total project budgets must be based on economic and technical quotas prescribed by competent state agencies and must be consistent with approved technical designs.
2. Construction bidding for projects must comply with bidding regulations.
3. Persons authorized to approve total project budgets or bidding results who violate the provisions of Clause 1 and Clause 2 of this Article shall be handled according to the provisions of the law.
"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."
Project investment and construction must ensure compliance with technical designs, construction schedules, and approved project budgets or winning bid prices.
Persons constructing projects who delay construction times, construct incorrectly according to technical designs, use materials, fuels, and materials not meeting quality and technical standards, reducing project quality, causing waste, shall be handled according to the provisions of the law.
Article 25
Capital allocation and lending must be carried out according to project construction schedules or winning bid prices; inspection, supervision, and final settlement of projects must be conducted in accordance with regulations on capital investment construction management.
The person authorized to provide capital or lend capital exceeding the budget estimate or the winning bid price shall be subject to legal sanctions, except in special cases prescribed by the Government.
PART 3
PRACTICING ECONOMY AND COMBATING WASTEFULNESS IN MANAGEMENT,
USE OF LAND, OFFICE SPACE, PUBLIC HOUSING, AND NATURAL RESOURCES
Article 26
Planning for land use, making decisions to allocate land or lease land to organizations or individuals must comply with the provisions of the law on land.
Land allocated or leased without authority, for incorrect purposes, or exceeding quotas, standards, and regulations shall be reclaimed; violators of land allocation and leasing regulations shall be subject to legal sanctions.
Article 27
Organizations and individuals receiving state-allocated land or leased land must use the land economically and for the purpose specified in the land allocation or leasing decision and land use right certificate issued by the competent state agency. In all cases, land that is not used or is used incorrectly according to the law shall be reclaimed.
Article 28
Office space, public housing, and other architectural works must be used in accordance with the quotas, standards, and regulations stipulated by the competent state agency; if exceeded, they must be rearranged and adjusted reasonably. Office space and public housing that are not put into use shall be reclaimed.
Allocation of office space, public housing, and other architectural works to organizations and individuals for use must comply with the quotas, standards, and regulations stipulated by the competent state agency.
Article 29
Management and exploitation of mineral resources and other natural resources must be carried out in accordance with the law and technological procedures, technical norms, standards, and economic-technical quotas prescribed by the competent state agency.
Any violation of regulations on exploration, exploitation, and use of natural resources causing wastefulness, loss of natural resources, and environmental destruction shall be subject to legal sanctions.
PART 4
PRACTICING ECONOMY AND COMBATING WASTEFULNESS IN MANAGEMENT AND USE OF CAPITAL
AND ASSETS AT STATE ENTERPRISES
Article 30.
1. State enterprises have the responsibility to comply with the government's financial management regulations.
2. Based on the government's financial management regulations, state enterprises establish quotas, administrative expense rules, hospitality expense rules, meeting expense rules, and transaction expense rules according to their organizational scale and production and business requirements. State enterprises must implement management expenses in accordance with established quotas and rules and may not exceed the government's control limits; persons who decide to spend beyond the prescribed limit shall be subject to legal sanctions.
Article 31
State enterprises must comply with salary system regulations and salary control quotas prescribed by the competent state agency. It is strictly prohibited to use the salary fund for other purposes.
Persons authorized to approve or execute salary payments in violation of the salary system shall be subject to legal sanctions.
Article 32
The establishment and use of funds by state enterprises, and the use of funds allocated from the state budget must comply with the regulations of the competent state agency.
Illegally established funds must be recovered and submitted to the state budget. Persons who decide to establish illegal funds shall be subject to legal sanctions.
Article 33
The purchase of equipment, means of transportation, and other assets for administrative management in state enterprises must comply with the government's regulations. Equipment, means of transportation, and other assets provided in state enterprises exceeding the prescribed quotas, standards, and regulations shall be handled according to the government's regulations.
Article 34
State enterprises have the responsibility to use the area of buildings and land for the purpose recorded in the land allocation or leasing decision and land use right certificate issued by the competent state agency; if buildings and land are used for incorrect purposes, they shall be subject to legal sanctions.
Article 35
State enterprises have the responsibility to fully comply with regulations on accounting, statistics; it is strictly prohibited to forge documents, exclude assets, materials, capital, and funds from accounting records; violators shall be subject to legal sanctions.
CHAPTER III
TASKS, POWERS OF STATE AGENCIES AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
OF ORGANIZATIONS AND INDIVIDUALS
Article 36
The Standing Committee of the National Assembly, the National Ethnic Council, and the Committees of the National Assembly have the responsibility to supervise agencies and organizations in practicing economy and combating wastefulness.
Article 37
In practicing economy and combating wastefulness, the Government has the following tasks and powers:
1. Directing ministries, ministerial-level agencies, governmental agencies, provincial people's committees under central cities to thoroughly practice economy and combat wastefulness in accordance with this Ordinance and other legal provisions;
2. Building, issuing, amending, and supplementing economic-technical quotas, quotas, standards, and usage systems for state budget funds, capital, and state assets suitable to socio-economic conditions at each period;
3. Directing and organizing inspections and audits of economy and wastefulness practices.
Article 38
In practicing economy and combating wastefulness, the Inspection Agency, Investigation Agency, Public Prosecution Service, and Courts have the responsibility to cooperate with relevant organizations to inspect, investigate, prosecute, promptly and strictly handle acts causing wastefulness of state capital and assets.
Article 39
In practicing economy and combating wastefulness, the Ministry of Finance has the following tasks and powers:
1. Building, issuing, amending, or submitting to the Government for issuance, amendment, and supplementation of financial management and usage quotas, standards, and regulations for state budget funds, capital, and state assets; issuing control procedures and rules; establishing financial reporting systems and asset management processes;
2. Organizing the implementation of inspections and audits of state budget allocation and expenditure, state asset management, distribution, and utilization, capital provision for construction investment, and management and utilization of state capital and assets in enterprises.
3. Develop and submit to the Government for issuance plans and programs to organize and implement thrift and anti-waste practices; implement a regular reporting system on the situation of thrift and anti-waste practices in managing and using state budget funds, capital, and state assets.
Article 40
In implementing thrift and anti-waste practices, ministries, ministerial-level agencies, and government-affiliated agencies have the following tasks and powers:
1. Direct units under their management to organize and implement thrift and anti-waste practices;
2. Review economic and technical standards within their jurisdiction; coordinate with the Ministry of Finance in issuing, amending, supplementing, or submitting to the Government for issuance, amendment, or supplementation of standards, criteria, and systems to be uniformly applied nationwide;
3. Organize the implementation of inspection and supervision of thrift and anti-waste practices for units under their management.
Article 41
In implementing thrift and anti-waste practices, the Government's Organization and Cadres Board has the following tasks and powers:
1. Issue, amend, and supplement regulations on the responsibility system for cadres and civil servants in implementing thrift and anti-waste practices;
2. Coordinate with the Ministry of Finance in developing and submitting to the Government for issuance, amendment, or supplementation of the system for using means of transportation and official residences for cadres and civil servants;
3. Inspect the implementation of staffing and salary funds for cadres and civil servants funded by the state budget.
Article 42 |||
In implementing thrift and anti-waste practices, People's Councils at all levels have the following tasks and powers:
1. Decide on the local budget estimates and allocations according to the standards, criteria, and systems prescribed by competent state authorities, ensuring thrift and anti-waste practices;
2. Approve local budget settlements that meet the requirements of thrift and anti-waste practices;
3. Supervise the organization and implementation of the provisions of the Decree on Thrift and Anti-Waste Practices at the local level;
4. Implement financial transparency regarding budget allocations for subordinate budgetary units; supervise the implementation of financial transparency in managing and using state budget funds, capital, and state assets at the local level;
5. Coordinate with political organizations, the Vietnam Fatherland Front, and member organizations in supervising thrift and anti-waste practices and financial transparency at the local level.
1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:
In implementing thrift and anti-waste practices, People's Committees at all levels have the following tasks and powers:
1. Organize and implement the Decree on Thrift and Anti-Waste Practices at the local level;
2. Organize the implementation of regulations on budget management, investment construction management, and public asset management; inspect the use of capital and assets at state-owned enterprises according to the分级任务的原因是输入文本非常长,为了确保每个部分都能被准确无误地翻译,并保持输出与输入格式的一致性,我将其分段处理。以下是根据指示直接翻译的每一段内容:
3. Implement financial transparency in the management and use of state budget funds, state capital, and assets at the local level;
4. Conduct regular inspections, evaluations, and reports on the implementation of the Decree on Thrift and Anti-Waste at the local level.
Article 44 |||
Subjects managing and using state capital and assets shall be responsible for:
1. Adhering to the norms, standards, and regulations established by competent state authorities;
2. Complying with the regulations on the management and use of state capital and assets as stipulated by law;
3. Publicizing all expenditures;
4. Developing plans and measures to implement thrift and anti-waste practices; promptly addressing and handling cases of waste; regularly reporting results to higher-level supervisory bodies.
Article 45 |||
State-owned enterprises shall be responsible for:
1. Adhering to economic and technical norms, standards, and regulations established by competent state authorities;
2. Establishing and implementing specific norms and standards regarding the use of capital, material conservation, raw materials, fuel, materials, and administrative expenses within the enterprise;
3. Implementing the reporting and financial transparency system for the enterprise, publicizing the system of norms, standards, and administrative expense regulations, as well as expenses for office equipment and vehicles; facilitating the inspection and supervision by competent state authorities and employees within the enterprise regarding thrift and anti-waste practices;
4. Developing plans and measures to implement thrift and anti-waste practices; organizing inspections of thrift and anti-waste practices within units under the enterprise; handling cases of waste within the enterprise; regularly reporting results to higher-level supervisory bodies.
Article 46 |||
The Vietnam Fatherland Front and its member organizations shall be responsible for:
1. Organizing propaganda, mobilization, and guidance for the people to practice thrift and anti-waste in production and consumption;
2. Supervising the implementation of thrift and anti-waste practices in organizations using state capital and assets; supervising the handling of acts causing waste;
3. Encouraging all organizations and individuals to actively practice thrift and anti-waste.
PART IV
REWARD AND VIOLATION HANDLING
Article 47 |||
Organizations and individuals who achieve success in practicing thrift and anti-waste shall be rewarded according to the provisions of the law.
Article 48
The State encourages organizations and individuals to practice thrift and anti-waste.
The amount saved from regular expenditures of organizations benefiting from the state budget shall be reallocated to other purposes in accordance with the provisions of the State Budget Law.
The Government shall specify the details of cost allocation and material incentives in cases of saving state budget funds.
Article 49
Any person violating the provisions of this Decree shall be subject to disciplinary action, administrative violation handling, or criminal prosecution, if damage is caused, they must compensate according to the provisions of the law, depending on the nature and severity of the violation.
Article 50
Any person shielding, obstructing the detection and handling of waste, being negligent in inspecting and handling persons engaging in wasteful behavior, retaliating against or persecuting whistleblowers of wasteful behavior, shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation.
CHAPTER V
IMPLEMENTING PROVISIONS
Article 51
This Decree shall take effect from May 1, 1998.
All previous regulations that conflict with this Ordinance are hereby abolished.
Article 52
The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.
关系图
点击文件即可打开。红色边框=改变效力的关系。