Decree No. 103/2007/ND-CP on handling the responsibility of heads of agencies, organizations, units, and the responsibility of civil servants, officials in practicing thrift and combating waste.

DECREE

stipulating the responsibilities of heads of agencies, organizations, units and the responsibilities of civil servants, public officials, and employees in practicing thrift and combating waste

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 on February 26, 1998; the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Law on April 28, 2000; the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Law on April 29, 2003;
Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

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

Article 2. Applicability

This Decree applies to heads and deputy heads of heads, civil servants, public officials, and employees working 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 and state assets;

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

5. Agencies and units under the armed forces;

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

7. Other agencies, organizations, and units using the state budget and state assets.

Article 3. Definitions

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

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

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 attached to the delegated authority, function, and duty 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 subordinate agencies, organizations, and units directly supervised.

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

1. The head or deputy head (hereinafter referred to collectively as the head) must propose measures and organize the implementation of regulations on practicing thrift and combating waste as stipulated 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 agencies, organizations, and units under their supervision. The immediate superior head, if a subordinate agency, organization, or unit violates the 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, and employees must implement measures to practice thrift and combat 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, or unit where the violation occurred, the head of the agency, organization, or 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 related legal documents.

Chapter II

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

Article 5. Responsibilities in drafting, promulgating, and organizing the implementation of measures to practice thrift and combat waste

1. The head of the agency, organization, or unit is responsible for organizing the review of documents issued by their 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 practicing thrift and combating waste.

2. The head of the agency, organization, or unit is responsible for issuing or submitting to competent authorities for issuance legal regulatory documents, guiding documents for organizational implementation, which must include measures and plans for practicing thrift and combating waste in the sector, field, agency, organization, or unit under their management.

3. The head of the agency, organization, or unit is responsible for organizing the implementation of measures to practice thrift and combat waste down to each organization, each civil servant, public official, and employee, creating real changes in responsibility, work style, administrative reform, and practicing thrift and combating waste.

Article 6. Responsibilities in perfecting the system of norms, standards, and systems serving as the basis for practicing thrift and combating waste

The head of the agency, organization, or unit is responsible for organizing the review of norms, standards, and systems within their area of responsibility, issuing or submitting to competent authorities for issuance to abolish norms, standards, and systems that are no longer appropriate, amending and supplementing new provisions suitable for the implementation, inspection, and supervision of practicing thrift and combating waste.

Article 7. Responsibilities for implementing transparency and creating conditions for monitoring and supervising 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 assigned financial resources; publicly disclose the procurement, use of equipment, facilities, means of transportation, office premises, official residences, welfare projects, and other assets within the agency, organization, or unit to serve as a basis for competent authorities to monitor and supervise the implementation of regulations on thrift and anti-waste practices.

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

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 practices.

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

Article 9. Responsibilities for 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, review, approval, allocation, management, use, expenditure control, settlement, evaluation of effectiveness, and explanation of the management and use of the assigned state budget.

Article 10. Responsibilities for managing and investing in construction projects funded by the state budget and state property

The head of an agency, organization, or unit shall be responsible for directing and organizing the management and implementation of investment projects according to current state investment management procedures, ensuring focused investments without wasteful dispersion to meet requirements of thrift and anti-waste practices; clearly defining the responsibilities of each agency, organization, unit, and individual in managing each phase of the construction process of investment projects.

Article 11. Responsibilities for managing and using land, office premises, and official residences

The head of an agency, organization, or unit shall be responsible for managing and using allocated land, office premises, and official residences for their intended purposes, economically and effectively; within their management scope, they must check and review the area of managed land, office premises, and official residences to allocate and use them reasonably and in accordance with prescribed standards; not to allocate additional land or arrange for the construction of office premises until the existing land, office premises, and official residences have been properly arranged and utilized according to standards and areas.

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

The head of an agency, organization, or unit tasked with managing, exploiting, and using natural resources shall be responsible for reviewing plans and programs for managing, exploiting, and using each type of natural resource, particularly land, water, forests, minerals, to ensure rational, economical, and effective use; reviewing and issuing regulations on regeneration, protection, and long-term development of natural resources.

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

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

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

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

The head of a state-owned enterprise shall be responsible for establishing and issuing mechanisms, regulations, norms, standards, purchasing, management, and usage systems to utilize capital and assets effectively; promptly identifying and handling according to the law any actions causing waste of capital and assets.

Article 15. Responsibilities of cadres, civil servants, and public officers in practicing thrift and anti-waste measures

1. Cadres, civil servants, and public officers within their duties and authority shall be responsible for detecting and proposing measures to practice thrift and anti-waste; they must also bear responsibility for their proposals that contradict regulations on thrift and anti-waste.

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

3. Cadres, civil servants, and public officers must implement measures to practice thrift and anti-waste and bear responsibility for their own violations against regulations on thrift and anti-waste.

Chapter III

REWARD AND DISCIPLINARY ACTION

Article 16. Awards

The head of an agency, organization, or unit and cadres, civil servants, and public officers who achieve success in implementing regulations on thrift and anti-waste practices shall be considered for rewards according to laws on commendation and awards.

Article 17. Basis for disciplinary action

1. The basis for considering disciplinary action against the head of an agency, organization, or unit where violations of regulations on thrift and anti-waste practices occur under their management and responsibility:

a) The division of management tasks, the nature and degree of the violation, actual losses caused by wasteful behavior, aggravating and mitigating circumstances to determine the extent of direct or indirect responsibility when such violations occur;

b) The relationship between work responsibilities of subordinates violating regulations on thrift and anti-waste practices and the management responsibility of the head.

2. The basis for considering disciplinary action against officials, civil servants, and public employees who violate regulations on thrift and anti-waste in agencies, organizations, and units includes their assigned duties, responsibilities, the nature and degree of the violation, actual losses caused by wasteful behavior, aggravating and mitigating circumstances to determine the level of responsibility borne by officials, civil servants, and public 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 case file to the investigative agency for handling in accordance with the provisions of the law.

Article 18. Forms of disciplinary responsibility for heads of agencies, organizations, and units

1. Heads of agencies, organizations, and units who are officials and civil servants as defined in points b, c, d, đ, e, and h of 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 they allow violations of regulations on thrift and anti-waste to occur within the agencies or units under their management and responsibility, 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 officials and civil servants, depending on the nature and severity of the incident, through one of the following forms of disciplinary action.

a) Reprimand;

b) Warning;

c) Dismissal from position.

2. Heads of agencies, organizations, and units who are officials and civil servants as defined in points a and g of Clause 1, Article 1 of the Civil Servant Ordinance, if they allow violations of regulations on thrift and anti-waste to occur within the agencies or units under their management and responsibility, will be subject to disciplinary action according to the provisions of Clause 1 of this Article or be subject to disciplinary action according to the provisions of the law and the charter of political organizations and political-social organizations.

3. Heads of agencies, organizations, and units belonging to political-social-professional organizations, social-professional organizations, and social organizations, if they allow violations of regulations on thrift and anti-waste to occur within the agencies or organizations under their management and responsibility, 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 such organization.

4. Heads of agencies, organizations, and units who are officers, professional military personnel, defense workers in units of the People's Army; officers, non-commissioned officers in units of the People's Public Security, if they allow violations of regulations on thrift and anti-waste to occur within their agencies or units, will be subject to disciplinary action according to the provisions of the law on officers, non-commissioned officers, and professional military personnel in the People's Army and People's Public Security.

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

1. Officials, civil servants, and public employees as defined in points b, c, d, đ, e, and h of Clause 1, Article 1 of the Civil Servant Ordinance, who violate regulations on thrift and anti-waste within their agencies, organizations, 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 officials and civil servants, depending on the nature and severity of the incident.

2. Officers, non-commissioned officers, and professional military personnel in the People's Army and People's Public Security, depending on the nature and severity of the incident, will be subject to disciplinary action according to the provisions of the law on officers, non-commissioned officers, and professional military personnel in the People's Army and People's Public Security.

3. Persons working under labor contracts at agencies, organizations, or units who violate regulations on thrift and anti-waste will be subject to disciplinary action according to the provisions of the Labor Code, depending on the nature and severity of the incident.

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

1. Officials and public employees appointed as state enterprise managers or designated as representatives of state capital in enterprises who violate regulations on thrift and anti-waste within the enterprise, depending on the nature and severity of the incident, will be subject to disciplinary action according to the provisions of Clause 1, Article 18 of this Decree.

2. Officials and public employees working at enterprises not covered by the provisions of Clause 1 of this Article, who violate regulations on thrift and anti-waste within the enterprise, depending on the nature and severity of the incident, will be subject to disciplinary action according to the provisions of the law on labor.

3. Persons working under labor contracts at enterprises who violate regulations on thrift and anti-waste will be subject to disciplinary action according to the provisions of the law on labor, depending on the nature and severity of the incident.

Article 21. Application of disciplinary measures against officials, civil servants, and public employees who have committed acts violating the law on thrift and anti-waste

1. The form of reprimand is 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 is applied to those who commit violations that have already been disciplined with reprimand but repeat the offense, or 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 rank is applied to those who commit violations that have already been disciplined with warning but repeat the offense, or 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 grade is applied to those who commit violations that have already been disciplined with demotion in rank but repeat the offense, or 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 office is applied to those holding positions who commit violations that have already been disciplined with demotion in grade but repeat the offense.

6. The disciplinary measure of forced resignation shall be applied to individuals who have committed violations that were previously addressed through one of the disciplinary measures specified in Clauses 4 and 5 of this Article but have reoffended, caused significant consequences, and are deemed no longer qualified to continue working, or those whose violations led to waste requiring compensation of VND 50,000,000 or more per compensation assessment.

7. The heads of agencies, organizations, or units entrusted with managing state capital and assets who violate the provisions of the law on thrift and anti-waste shall be subject to disciplinary measures as applicable to civil servants and public officials.

Article 22. Applying disciplinary measures against the head of an agency, organization, or unit entrusted with managing state capital and assets

1. The disciplinary measure of reprimand shall be applied to the head in cases where the field of work under their management or the directly responsible unit has individuals who have violated the law on thrift and anti-waste and have been disciplined according to the forms prescribed in Clauses 2, 3, and 4 of Article 21 of this Decree.

2. The disciplinary measure of warning shall be applied to the head in cases where the field of work under their management or the directly responsible unit has individuals who have violated the law on thrift and anti-waste and have been disciplined according to the form prescribed in Clause 5 and Clause 6 of Article 21 of this Decree.

3. The disciplinary measure of removal from office shall be applied to the head in cases where the field of work under their management or the directly responsible unit has individuals who have violated the law on thrift and anti-waste causing very serious consequences.

Article 23. Joint liability for the head of the agency, organization, or unit at the immediate superior level

The head of the immediate superior agency, organization, or unit entrusted with managing state capital and assets, if they allow subordinate agencies, organizations, or units to commit violations of the regulations on thrift and anti-waste causing serious consequences, must bear joint responsibility and may be considered for disciplinary action regarding the joint responsibility for the violations of the 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 and exemption from disciplinary action:

a) The head of the agency, organization, or unit, civil servant, or public official may be exempted from disciplinary responsibility if they could not have known about it or had already taken necessary measures to prevent and stop violations of the regulations on thrift and anti-waste as stipulated by law;

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

2. Cases of mitigation of disciplinary action:

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

b) Civil servants, public officials, or employees who violate the regulations on thrift and anti-waste within the agency, organization, or unit and who have voluntarily remedied the consequences of such violations may have their disciplinary action mitigated.

3. Cases of aggravation of disciplinary action:

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

b) Civil servants, public officials, or employees who fail to take necessary measures to prevent and remedy the consequences of wasteful behavior, and who deliberately conceal and fail to report promptly to the competent authorities when discovering violations of the regulations on thrift and anti-waste.

Article 25. Time limit for examination and handling

1. Within sixty days from the date of discovery of violations of the regulations on thrift and anti-waste, the head of the agency, organization, or unit must conduct an official examination and conclude on the case of violations of the regulations on thrift and anti-waste.

2. Within thirty days from the date of the official conclusion on the case of violations of the regulations on thrift and anti-waste or from the date the judgment on the case of violations of the regulations on thrift and anti-waste becomes legally effective, the head of the agency, organization, or the immediate superior with responsibility must examine and handle or report to the competent authority for examination and handling of disciplinary action against the head of the agency, organization, or unit directly responsible or jointly responsible for the violations of the regulations on thrift and anti-waste.

Article 26. Decision-making Authority

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

Article 27. Procedure and process for handling

The procedure and process for examining and handling disciplinary action against the head of the agency, organization, or unit, civil servants, public officials, or employees who violate the 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 for civil servants.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Effectiveness and responsibility for guiding 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 in the implementation of thrift and anti-waste.

3. The Minister of Home Affairs shall guide the implementation of this Decree in state agencies, organizations, and public service units.

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

5. The competent authority of political organizations shall base on the provisions of this Decree to guide the application for 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 equivalent to ministries, Heads of government agencies, Chairpersons of People's Councils at all levels, Heads of political organizations, political-social organizations, social-professional organizations, social organizations, management boards, Heads of state-owned enterprises, joint-stock companies with State capital contribution, and related agencies, units, and individuals shall be responsible for implementing this Decree.