Directive No. 02/2000/CT-BTP on Rectifying and Strengthening Management of State Assets in the Judiciary Sector

DIRECTIVE

On Strengthening and Enhancing Management of State Assets in the Judiciary Sector

In recent years, the management and utilization of state assets by units under the judiciary sector have initially shown progress and are gradually becoming more systematic. The majority of state assets assigned to the sector have been used for their intended purposes, economically and effectively. Some units have proactively established internal regulations on managing and utilizing assets within their own units in a reasonable manner, ensuring operational needs, in accordance with principles of transparency, democracy, and relevant provisions. However, generally, there still exists a situation of arbitrary and lax usage of state assets and funds, and the awareness of managing and preserving public assets among officials and civil servants has not been sufficiently emphasized.

To effectively implement Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on the management of state assets and Decision No. 615/2000/QĐ-BTP dated July 14, 2000 of the Minister of Justice promulgating the Regulation on the Management of State Assets under the Ministry of Justice, the Minister of Justice instructs units within the sector to focus on implementing the following tasks:

1. Disseminating and Implementing the Regulation on Asset Management.

The Presidents of People's Courts at all levels, Directors of Departments of Justice, Heads of Enforcement Offices, Team Leaders of Enforcement Teams, Principals of Law Universities, Directors of Training Institutes for Judicial Positions, Editors-in-Chief of Legal News, Heads of Bureaus, Departments, Institutes, and Journals on Democracy and Law under the Ministry shall be responsible for organizing the dissemination and implementation of the Regulation on the Management of State Assets under the Ministry of Justice to officials and civil servants within their agencies and units; coordinating with trade unions to organize reviews and evaluations of asset management and utilization work in their agencies and units over the past period; identifying specific strengths, weaknesses, and issues needing rectification, serving as a basis for formulating Internal Regulations on asset management and utilization within their units.

2 - Establishing Internal Regulations on Asset Management and Utilization for Each Unit.

By the end of the fourth quarter of 2000, Heads of agencies and units must concentrate on directing the completion of Internal Regulations on the management and utilization of assets within their agencies and units based on the Regulation on the Management of State Assets under the Ministry of Justice. These regulations must clearly specify the responsibilities of each individual in managing, utilizing, and maintaining assets assigned by the unit head. For district and city-level courts and enforcement teams provided with motorcycles by the Ministry, regulations must stipulate that motorcycles are only to be used for the common work of the unit, and individuals may not use them for personal purposes outside working hours.

For high-value assets such as cars, motorcycles, computers, photocopiers, air conditioners, etc., regular maintenance and repair schedules must be established.

Each office, specialized department, and specialized court must maintain a record of assets (according to Form S32-H issued pursuant to Decision No. 999/TC-QĐ-CĐKT dated November 2, 1996 of the Ministry of Finance).

3 - The Director of the Department of Justice shall be responsible for assisting the Minister of Justice in inspecting and guiding the organization of the implementation of the Regulation on asset management for Enforcement Offices, Enforcement Teams, and People's Courts at the county level, conducting inspections every six months and annually reporting to the Minister on the management and utilization of assets in these units.

4 - All units must conduct an inventory of assets annually. Specifically, for the year-end inventory in 2000, Heads of units must directly oversee the inventory process. Through the inventory, a review and comparison of the actual fixed assets and those reflected in accounting records should be conducted to accurately assess the quantity and quality of fixed assets within the unit, and the results of the inventory should be reported to the Ministry to serve as a basis for annual procurement and repair plans.

Starting from 2001, the Ministry will approve additional procurement of assets for units that have submitted annual inventory reports.

5 - Creating Fundamental Changes in Asset Management and Utilization Work Throughout the Judiciary Sector.

Units directly under the budget of the Ministry must fully comply with the system of management, utilization, and depreciation of fixed assets according to Decision No. 351/TC-CĐKT dated May 22, 1997 of the Minister of Finance. Annually, when submitting final accounts for the fiscal year, units must report to the Ministry on the implementation of the Regulation on asset management. When evaluating the annual performance, asset management will be one of the criteria for assessing competition and rewarding both collectives and individuals.

Collectives and individuals who manage and utilize assets well, economically, and effectively will be considered for rewards, while those who violate regulations will be dealt with according to the severity of the violation and must compensate for any losses caused.

6 - The Head of the Planning and Finance Department shall be responsible before the Ministry's leadership for organizing, guiding, urging, inspecting, and evaluating the management and utilization of assets in units within the sector.

7 - Implementing the Directive.

Based on this Directive and the practical situation in units, Heads of units need to develop plans to implement it resolutely, aiming to create fundamental changes in asset management and utilization work, overcome arbitrary and lax management practices, and quickly bring the management and utilization of state assets under the Ministry of Justice into a systematic framework.

This Directive must be disseminated and implemented throughout the entire judiciary sector.

The Planning and Finance Department shall be responsible for monitoring and summarizing the implementation of this Directive, regularly reporting to the Ministry's leadership on the progress and results of its implementation.