Decree No. 103/2007 stipulates the responsibilities of heads of agencies, organizations, units, and the responsibilities of civil servants and officials in practicing thrift and combating waste.

 DECREE

Regulations on the responsibility of heads of agencies, organizations, units and the responsibility of civil servants, public officials in practicing thrift and combating waste

of officials, civil servants, and public officials in practicing thrift and combating waste

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;

Pursuant to the Civil Servant Law dated February 26, 1998; the Law Amending and Supplementing Certain Provisions of the Civil Servant Law dated April 28, 2000; the Law Amending and Supplementing Certain Provisions of the Civil Servant Law dated April 29, 2003;

Considering the proposal of the Minister of Home Affairs.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the responsibilities of heads of agencies, organizations, units and the responsibilities of civil servants, public officials in practicing thrift and combating waste; rewards and disciplinary measures for heads of agencies, organizations, units and civil servants, public officials in implementing regulations on practicing thrift and combating waste.

Article 2. Applicability

This Decree applies to heads and deputies of heads, civil servants, public officials, employees under labor contracts in the following agencies, organizations, and units:

1. State agencies at all levels from central to grassroots;

2. Political organizations, political-social organizations;

3. State-owned public service units; other public service units using state budget funds, state assets;

4. State-owned enterprises, joint-stock companies with state capital, assets;

5. Agencies and units under armed forces;

6. Political-social-professional organizations, social organizations, social-professional organizations engaged in activities related to state tasks supported by the state budget according to regulations;

7. Other agencies, organizations, units using state budget funds, state assets.

Article 3. Explanation of Terms

1. "Head of agency, organization, unit" as defined in this Decree is the person in charge of agencies, organizations, units granted authority and responsibility in the use and management of the state budget, state assets, or managing state capital, assets of the agency, organization, unit.

2. "Deputy of head" as defined in this Decree is the person assigned to assist the head in overseeing and managing one or more specific areas within the agency, organization, unit and authorized to sign on behalf of the head when handling work.

3. For organizations operating under a collective mechanism, majority voting (Committees, Management Boards, Management Councils...), the Chairman shall be considered as the head, Vice Chairmen, members (full-time or part-time) shall be considered as deputies of the head.

4. "Direct responsibility" is the responsibility linked to the authority, function, and assigned duties when violations of regulations on practicing thrift and combating waste occur.

5. "Joint responsibility" is the responsibility of the head when violations of regulations on practicing thrift and combating waste occur in the field of work and in directly supervised subordinate agencies, organizations, units.

Article 4. Principles for determining the responsibility of heads, deputies of heads, and civil servants, public officials regarding practicing thrift and combating waste

1. The head or deputy of the head (hereinafter referred to collectively as the head) must establish measures and implement regulations on practicing thrift and combating waste as prescribed in the Law on Practicing Thrift and Combating Waste; at the same time, they must bear direct or joint responsibility for the violation of regulations on practicing thrift and combating waste by the agency, organization, unit under their supervision.

A higher-level head, if a subordinate agency, organization, unit violates regulations on practicing thrift and combating waste, may also bear joint responsibility depending on the nature and extent of the violation.

2. Civil servants, public officials must implement measures for practicing thrift and combating waste; at the same time, they must bear responsibility for their own violations of regulations on practicing thrift and combating waste.

3. In cases where violations of regulations on practicing thrift and combating waste involve multiple agencies, organizations, units, and individuals, in addition to the agency, organization, unit where the violation occurred, the head of the agency, organization, unit with a directly responsible individual and those involved in the violation must also bear direct or joint responsibility as prescribed in this Decree and other relevant legal documents.

Chapter II

RESPONSIBILITY OF HEADS OF AGENCIES, ORGANIZATIONS, UNITS AND RESPONSIBILITY OF CIVIL SERVANTS, PUBLIC OFFICIALS IN PRACTICING THRIFT AND COMBATING WASTE

Article 5. Responsibilities in building, promulgating, and organizing the implementation of measures for thrift and anti-waste

Clause 1. The head of an agency, organization, or unit shall be responsible for organizing the review of documents issued by their own agency, organization, or unit or submitted to competent authorities for issuance, to abolish provisions that are no longer appropriate, amend and supplement new provisions in accordance with the requirements of thrift and anti-waste.

Clause 2. The head of an agency, organization, or unit shall be responsible for issuing or submitting to competent authorities for issuance normative legal documents and guidance documents on organizational implementation, which must include measures and plans for implementing thrift and anti-waste within their respective sectors, fields, agencies, organizations, or units.

Clause 3. The head of an agency, organization, or unit shall be responsible for organizing the implementation of measures for thrift and anti-waste down to each organization, each cadre, civil servant, or public officer, creating real changes in responsibility, work style, administrative reform, and thrift and anti-waste practices.

Article 6. Responsibilities in perfecting the system of norms, standards, and regulations as a basis for thrift and anti-waste

The head of an agency, organization, or unit shall be responsible for organizing the review of norms, standards, and regulations within their assigned field, issuing or submitting to competent authorities for issuance to abolish norms, standards, and regulations that are no longer appropriate, amending and supplementing new provisions suitable as a basis for implementation, inspection, and supervision of thrift and anti-waste practices.

Article 7. Responsibilities in implementing transparency, creating conditions for inspection and supervision of thrift and anti-waste practices

The head of an agency, organization, or unit shall be responsible for directing, guiding, and organizing the implementation of regulations to publicly disclose the use of state budget and allocated financial resources; publicly disclosing procurement, use of equipment, facilities, means of transportation, office premises, official residences, welfare facilities, and other assets within their agency, organization, or unit to serve as a basis for functional agencies and cadres, civil servants, or public officers to inspect and supervise the implementation of regulations on thrift and anti-waste.

Article 8. Responsibilities in inspection, audit, and handling violations related to thrift and anti-waste

Clause 1. The head of an agency, organization, or unit shall be responsible for guiding and organizing inspections and audits to detect and prevent violations of regulations on thrift and anti-waste.

Clause 2. The head of an agency, organization, or unit shall be responsible for directing units within their management scope to handle and resolve violations of regulations on thrift and anti-waste thoroughly.

Article 9. Responsibilities in managing and using the state budget

The head of an agency, organization, or unit shall be responsible for directing, guiding, and organizing the implementation of the State Budget Law and financial systems and principles at each stage: preparation, examination, approval, allocation, management, use, expenditure control, settlement, evaluation of effectiveness, and explanation of the management and use of the state budget allocated to them.

Article 10. Responsibilities in managing investment construction projects funded by state budget, state money, and state assets

The head of the agency, organization, or unit shall be responsible for directing and organizing the implementation of management, approval, and deployment of investment projects in accordance with the current state investment management procedures and regulations to ensure focused investment without wasteful dispersion, thereby ensuring requirements for thrift and anti-waste; clearly defining the responsibilities of each agency, organization, unit, and individual in the management of each stage of the investment construction process.

Article 11. Responsibilities in managing and using land, office premises, and public service housing

The head of the agency, organization, or unit shall be responsible for managing and using allocated land, office premises, and public service housing for their intended purposes, economically and efficiently; within their scope of management, they shall have the responsibility to inspect and review the area of managed land, office premises, and public service housing to allocate and use them reasonably and in accordance with prescribed standards and regulations; no additional land shall be allocated, nor shall new office premises be constructed until the existing allocation and usage according to the prescribed standards and areas of land, office premises, and public service housing are completed.

Article 12. Responsibilities in managing, exploiting, and using natural resources

The head of the agency, organization, or unit assigned the task of managing, exploiting, and using natural resources shall be responsible for reviewing planning and management plans for each type of natural resource, especially land, water, forests, and minerals, to ensure rational, economical, and efficient use; reviewing and issuing regulations on regeneration, protection, and long-term development of natural resources.

Article 13. Responsibilities in training, managing, and using labor and working hours

1. The head of the agency, organization, or unit shall be responsible for directing and implementing state regulations on training, managing, and using labor and working hours; effectively utilizing the cadre, civil servant, and public official workforce; implementing staff reduction measures for cadres, civil servants, and public officials who lack capability, fail to meet professional requirements, and violate labor discipline.

2. The head of the agency, organization, or unit shall be responsible for directing and supervising the implementation of labor discipline regulations, particularly those concerning the use of working hours.

Article 14. Responsibilities in managing and using state capital and assets at state-owned enterprises

The head of the state-owned enterprise shall be responsible for establishing, promulgating mechanisms, regulations, norms, standards, procurement systems, and effective management and utilization of capital and assets; promptly identifying and handling, in accordance with legal provisions, acts causing waste of capital and assets.

Article 15. Responsibilities of cadres, civil servants, and public officials in practicing thrift and combating waste

1. Cadres, civil servants, and public officials within their duties and powers shall be responsible for identifying and proposing measures to practice thrift and combat waste; they must also bear responsibility for their proposals that contravene regulations on practicing thrift and combating waste.

2. When cadres, civil servants, and public officials discover violations of thrift and waste practices, they must report to the competent authority to take preventive measures.

3. Cadres, civil servants, and public officials must implement measures to practice thrift and combat waste and bear responsibility for their own violations of these regulations.

Chapter III

REWARD AND DISCIPLINARY ACTION

Article 16. Awards

Heads of agencies, organizations, units, and cadres, civil servants, and public officials who achieve results in implementing regulations on practicing thrift and combating waste shall be considered for rewards in accordance with laws on commendation and reward.

Article 17. Grounds for considering disciplinary action

1. Grounds for considering disciplinary action against the head of an agency, organization, or unit where violations of regulations on thrift and anti-waste occur within their managed or responsible agencies, organizations, or units:

a) The division of responsibilities, level of management, nature, degree of the violation, actual damage caused by wasteful acts, aggravating and mitigating circumstances to determine the extent of direct or joint responsibility when violations of regulations on thrift and anti-waste occur;

b) The working relationship between the violation of regulations on thrift and anti-waste by subordinates and the management responsibility of the head.

2. Grounds for considering disciplinary action against civil servants, public officials, and employees who violate regulations on thrift and anti-waste within their agencies, organizations, or units:

The division of responsibilities, duties, powers, nature, degree of the violation, actual damage caused by wasteful acts, aggravating and mitigating circumstances to determine the extent of responsibility of civil servants, public officials, and employees when they commit violations of regulations on thrift and anti-waste.

3. In cases where violations of regulations on thrift and anti-waste indicate criminal offenses, the competent authority shall transfer the file to the investigation agency for handling according to the provisions of the law.

Article 18. Forms of disciplinary action against the head

1. The head of an agency, organization, or unit who is a civil servant as defined in points b, c, d, đ, e, and h Clause 1 Article 1 of the Civil Servant Ordinance amended and supplemented on April 29, 2003 (hereinafter referred to collectively as the Civil Servant Ordinance) and state enterprise managers, if allowing violations of regulations on thrift and anti-waste within their managed or responsible agencies or units, will be subject to disciplinary action according to the provisions of Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on disciplinary action against civil servants, depending on the nature and severity of the case, with one of the following forms of disciplinary action:

a) Reprimand;

b) Warning;

c) Dismissal from position.

2. The head of an agency, organization, or unit who is a civil servant as defined in points a and g Clause 1 Article 1 of the Civil Servant Ordinance, if allowing violations of regulations on thrift and anti-waste within their managed or responsible agencies or units, will be subject to disciplinary action according to the provisions of this Clause 1 or be subject to disciplinary action according to the provisions of the law and the charter of political organizations or political-social organizations, depending on the nature and severity of the case.

3. The head of an agency, organization, or unit belonging to political-social-professional organizations, social-professional organizations, or social organizations, if allowing violations of regulations on thrift and anti-waste within their managed or responsible agencies or organizations, will be subject to disciplinary action as provided in Clause 1 of this Article or be subject to disciplinary action according to the provisions of the charter of that organization, depending on the nature and severity of the case.

4. The head of an agency, organization, or unit who is an officer, professional soldier, defense worker in units under the People's Army; an officer, non-commissioned officer in units under the People's Public Security Force, if allowing violations of regulations on thrift and anti-waste within their agencies or units, will be subject to disciplinary action according to the law applicable to officers, non-commissioned officers, and professional soldiers in the People's Army and People's Public Security Force, depending on the nature and severity of the case.

Article 19. Forms of disciplinary action against cadres, civil servants, and public officials

1. Cadres, civil servants, and public officials specified in points b, c, d, đ, e, and h Clause 1 Article 1 of the Cadre and Civil Servant Ordinance who violate regulations on thrift and waste prevention within their agencies, organizations, or units shall be subject to disciplinary action as provided for in Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government regarding disciplinary action against cadres and civil servants, depending on the nature and severity of the case.

2. Officers, non-commissioned officers, and professional soldiers in the People's Army and People's Public Security shall be subject to disciplinary action as provided for by law regarding officers, non-commissioned officers, and professional soldiers in the People's Army and People's Public Security, depending on the nature and severity of the case.

3. Persons working under labor contracts at agencies, organizations, or units who violate regulations on thrift and waste prevention shall be subject to disciplinary action as provided for in the Labor Code, depending on the nature and severity of the case.

Article 20. Forms of disciplinary action against cadres, public officials, and persons working under labor contracts at enterprises

1. Cadres, civil servants, and public officials appointed to manage state-owned enterprises or designated as representatives of state capital in enterprises who violate regulations on thrift and waste prevention within the enterprise shall be subject to disciplinary action as provided for in Clause 1 Article 18 of this Decree, depending on the nature and severity of the case.

2. Cadres and public officials working at enterprises not covered by Clause 1 of this Article who violate regulations on thrift and waste prevention within the enterprise shall be subject to disciplinary action as provided for by labor law, depending on the nature and severity of the case.

3. Persons working under labor contracts at enterprises who violate regulations on thrift and waste prevention shall be subject to disciplinary action as provided for by labor law, depending on the nature and severity of the case.

Article 21. Application of forms of disciplinary action against cadres, civil servants, and public officials who violate legal provisions on thrift and waste prevention

1. The form of reprimand shall be applied to those who commit violations for the first time and must compensate for damages up to VND 5,000,000 per compensation assessment.

2. The form of warning shall be applied to those who have previously been disciplined with reprimand but repeat the violation, or to those who commit violations for the first time causing waste and must compensate for damages from over VND 5,000,000 to VND 20,000,000 per compensation assessment.

3. The form of demotion in pay grade shall be applied to those who have previously been disciplined with warning but repeat the violation, or to those who commit violations for the first time causing waste and must compensate for damages from over VND 20,000,000 to VND 30,000,000 per compensation assessment.

4. The form of demotion in rank shall be applied to those who have previously been disciplined with demotion in pay grade but repeat the violation, or to those who commit violations for the first time causing waste and must compensate for damages from over VND 30,000,000 to less than VND 50,000,000 per compensation assessment.

5. The form of removal from position shall be applied to those holding positions who have previously been disciplined with demotion in rank but repeat the violation.

6. The form of forced resignation shall be applied to those who have previously been disciplined with one of the forms of disciplinary action set out in Clauses 4 and 5 of this Article but repeat the violation, cause serious consequences, and are deemed unsuitable to continue working, or to those who commit violations causing waste and must compensate for damages of VND 50,000,000 or more per compensation assessment.

7. Heads of agencies, organizations, or units entrusted with managing state capital and assets who violate legal provisions on thrift and waste prevention shall be subject to disciplinary action as for cadres, civil servants, and public officials.

Article 22. Application of disciplinary measures against the head of agencies, organizations, units entrusted with managing state capital and assets

1. The form of reprimand disciplinary measure shall be applied to the head in cases where the field of work entrusted to manage or the directly responsible unit has individuals who violate laws on thrift and anti-waste and are subject to disciplinary measures under the forms prescribed in Clauses 2, 3, and 4 of Article 21 of this Decree.

2. The form of warning disciplinary measure shall be applied to the head in cases where the field of work entrusted to manage or the directly responsible unit has individuals who violate laws on thrift and anti-waste and are subject to disciplinary measures under the forms prescribed in Clause 5 and Clause 6 of Article 21 of this Decree.

3. The form of removal from office disciplinary measure shall be applied to the head in cases where the field of work entrusted to manage or the directly responsible unit has individuals who violate laws on thrift and anti-waste causing very serious consequences.

Article 23. Joint liability for the head of agencies, organizations, units at the immediate higher level

The head of the immediate higher-level agency, organization, or unit entrusted with managing state capital and assets, if allowing subordinate agencies, organizations, or units to commit violations of regulations on thrift and anti-waste causing serious consequences, must also bear joint liability and may be considered for disciplinary action regarding the joint liability for violations of regulations on thrift and anti-waste causing serious consequences by the immediately subordinate level.

Article 24. Cases of exclusion, exemption, mitigation, and aggravation of disciplinary measures

1. Cases of exclusion, exemption from disciplinary action:

a) The head of the agency, organization, unit, officials, civil servants, and public employees may be considered for exclusion from disciplinary responsibility due to not being able to know or having already applied necessary measures to prevent and stop acts violating regulations on thrift and anti-waste as prescribed by law;

b) The head of the agency, organization, unit allowing violations of regulations on thrift and anti-waste within the agency, organization, or unit under their management and responsibility, if subject to disciplinary action by way of reprimand, may be exempted from disciplinary action if they voluntarily resigned and such resignation was approved by the competent authority prior to the violation.

2. Cases of mitigation of disciplinary action:

a) The head of the agency, organization, unit allowing violations of regulations on thrift and anti-waste within the agency, organization, or unit under their management and responsibility, if subject to disciplinary action by way of warning or higher, may have their disciplinary action mitigated by one level if they voluntarily resigned and such resignation was approved by the competent authority prior to the violation;

b) Officials, civil servants, and public employees who violate regulations on thrift and anti-waste within the agency, organization, or unit and have voluntarily remedied the consequences may be considered for mitigation of the disciplinary measure.

3. Cases of aggravation of disciplinary action:

a) The head of the agency, organization, unit who has been disciplined for allowing violations of regulations on thrift and anti-waste within the agency, organization, or unit under their management and responsibility, but did not promptly stop and handle the violation of regulations on thrift and anti-waste within their scope of management and responsibility;

b) Officials, civil servants, and public employees who fail to take necessary measures to prevent and remedy the consequences of waste; when discovering acts violating regulations on thrift and anti-waste, deliberately conceal and do not report them in a timely manner to the competent authorities.

Article 25. Time limit for examination and handling

1. Within sixty days from the date of discovering violations of regulations on thrift and anti-waste, the head of the agency, organization, or unit must conduct an examination and issue a formal conclusion regarding the violation of regulations on thrift and anti-waste.

2. Within thirty days from the date of issuing a formal conclusion on the violation of regulations on thrift and anti-waste or from the date when the judgment on the violation of regulations on thrift and anti-waste becomes legally effective, the head of the agency, organization, or the immediate superior authority responsible shall examine and handle or report to the competent authority to examine and impose disciplinary action against the head of the agency, organization, or unit directly responsible or jointly responsible for the violation of regulations on thrift and anti-waste.

Article 26. Authority to Decide

The authority to decide on disciplinary action against the head of the agency, organization, or unit, civil servant, or public official who violates regulations on thrift and anti-waste shall be implemented according to the current classification management of civil servants and public officials.

Article 27. Procedure and Formalities for Handling

The procedure and formalities for examining and imposing disciplinary action against the head of the agency, organization, or unit, civil servant, or public official who violates regulations on thrift and anti-waste shall be carried out in accordance with the provisions of Government Decree No. 35/2005/NĐ-CP dated March 17, 2005, on disciplinary action against civil servants.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Effective Date and Responsibility for Guidance on Implementation

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. Abolish Section 2 (from Article 16 to Article 23) of Chapter II of Government Decree No. 84/2006/NĐ-CP dated August 18, 2006, concerning compensation for damages, disciplinary action, and administrative penalties for violations in thrift and anti-waste.

3. The Minister of Home Affairs shall guide the implementation of this Decree in state agencies, organizations, and state-run enterprises.

4. The Ministers of National Defense and Public Security shall guide the implementation of this Decree in agencies, organizations, and units under the People's Army and People's Public Security.

5. Political organization authorities shall base on the provisions of this Decree to guide its application to agencies, organizations, and units under political organizations, political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations.

Article 29. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils at all levels, Heads of political organizations, political-social organizations, social-professional organizations, social organizations, Board of Directors, Heads of state-owned enterprises, joint-stock companies with state capital contribution, and related agencies, units, and individuals are responsible for implementing this Decree./.