Circular No. 14/2008/TT-BQP guiding the implementation of certain provisions of Government Decree No. 103/2007/NĐ-CP dated June 14, 2007 on the responsibilities of heads of agencies, organizations, units and officials, civil servants, and employees in practicing thrift and combating waste.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 103/2007/NĐ-CP OF JUNE 14, 2007 OF THE GOVERNMENT ON THE RESPONSIBILITIES OF HEADS OF ORGANIZATIONS AND UNITS AND PUBLIC OFFICERS AND CIVIL SERVANTS IN PRACTICING ECONOMY AND COMBATING WASTEFULNESS

Pursuant to Decree No. 103/2007/NĐ-CP of June 14, 2007 of the Government on the responsibilities of heads of organizations and units and public officers and civil servants in practicing economy and combating wastefulness (hereinafter referred to as Decree No. 103/2007/NĐ-CP), the Ministry of National Defense guides the implementation of Articles 1, 2, 3, 4, 5, 9, 10, 13, 16, 17, 18, 19, 26, and 27 of this Decree in military agencies and units as follows:

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

This Circular applies to commanders, political commissars, political instructors, deputy commanders, deputy political commissars, political deputy instructors, officers, professional soldiers, non-commissioned officers, privates, defense civil servants, defense workers, and contractual employees in military agencies and units.

2. Explanation of terms

In this Circular, some terms are understood as follows:

a) "Head," refers to commanders, political commissars, and political instructors of military agencies and units;

b) "Deputy head," refers to deputy commanders, deputy political commissars, and political deputy instructors of military agencies and units who are assigned to assist commanders, political commissars, and political instructors in managing, directing, and handling specific areas or tasks within the agency or unit, and can sign on behalf of the commander, political commissar, or political instructor when dealing with matters; they must also be responsible for the areas or tasks they oversee;

c) "Public officers and civil servants," refers collectively to officers, professional soldiers, non-commissioned officers, and privates (hereinafter referred to as military personnel); defense civil servants, defense workers, and contractual employees (hereinafter referred to as defense civil servants and contractual employees) in military agencies and units.

3. PRINCIPLES FOR DETERMINING THE RESPONSIBILITY OF COMMANDERS, POLITICAL COMMISSARS, POLITICAL INSTRUCTORS, DEPUTIES OF COMMANDERS, DEPUTY POLITICAL COMMISSARS, POLITICAL DEPUTY INSTRUCTORS, AND MILITARY PERSONNEL AND DEFENSE CIVIL SERVANTS AND CONTRACTUAL EMPLOYEES

a) Commanders, political commissars, political instructors, deputies of commanders, deputy political commissars, and political deputy instructors (hereinafter collectively referred to as Heads) of military agencies and units, based on their assigned duties and responsibilities, must develop measures and organize the implementation of regulations on practicing economy and combating wastefulness according to laws on practicing economy and combating wastefulness and guidance from superiors; they must also bear direct or joint responsibility if the agency or unit under their charge violates such regulations.

b) The Head of a superior agency or unit, if a subordinate agency or unit under their charge violates regulations on practicing economy and combating wastefulness, may also bear joint responsibility depending on the nature and severity of the violation.

c) Military personnel and defense civil servants and contractual employees must implement measures for practicing economy and combating wastefulness; they must also bear responsibility for their own violations regarding practicing economy and combating wastefulness.

d) In cases where violations of regulations on practicing economy and combating wastefulness involve multiple agencies, units, or individuals, in addition to the agency or unit where the violation occurred, the Heads of agencies or units with directly involved personnel and those related to the violation must also bear direct or joint responsibility as stipulated in Decree No. 103/2007/NĐ-CP and the Regulations on Discipline of the Vietnam People's Army.

4. RESPONSIBILITY FOR DEVELOPING, ISSUING, AND IMPLEMENTING MEASURES FOR PRACTICING ECONOMY AND COMBATING WASTEFULNESS

a) Heads of subordinate agencies and units under the Ministry are responsible for reviewing normative legal documents, proposing amendments, supplements, abolition, or issuance of new documents to align with requirements for practicing economy and combating wastefulness.

b) Based on laws on practicing economy and combating wastefulness, Heads of subordinate agencies and units under the Ministry issue guiding documents for organizing implementation; these must include measures and plans for practicing economy and combating wastefulness in the sectors or fields under their management and responsibility.

c) Heads of lower-level agencies and units are responsible for reviewing documents issued by their own agencies or units, amending, supplementing, abolishing, and issuing new regulations on practicing economy and combating wastefulness that comply with higher-level documents and requirements for practicing economy and combating wastefulness within their own agencies or units.

5. RESPONSIBILITY FOR MANAGING AND USING THE STATE BUDGET

Heads of agencies and units are responsible for directing, guiding, and organizing the implementation of provisions of the State Budget Law, Financial Regulations of the Vietnam People's Army, financial systems and principles; improving the quality of budget processes including preparation, review, approval, allocation, management, utilization, expenditure control, and settlement; implementing Financial Transparency Rules; Party Leadership Rules for financial work; Management and Utilization Rules for State Assets in the Ministry of National Defense; evaluating the effectiveness and accounting for the management and use of allocated state budgets.

6. RESPONSIBILITY FOR MANAGING AND IMPLEMENTING CONSTRUCTION PROJECTS FUNDED BY THE STATE BUDGET, STATE FUNDS, AND STATE ASSETS

Heads of agencies and units are responsible for directing and organizing the management and approval of construction projects funded by the state budget, state funds, and state assets in accordance with current state and Ministry of National Defense investment management regulations; ensuring focused and efficient investment to meet requirements for practicing economy and combating wastefulness; clearly defining the responsibilities of each agency, unit, and individual at each stage of the construction project.

7. RESPONSIBILITY FOR EDUCATION, TRAINING, AND MANAGEMENT OF MILITARY PERSONNEL; TRAINING, MANAGEMENT, AND USE OF DEFENSE CIVIL SERVANTS AND CONTRACTUAL EMPLOYEES AND UTILIZATION OF WORKING TIME

The heads of agencies and units are responsible for directing, guiding, organizing, and supervising the implementation of state regulations and the Ministry of National Defense's regulations on education, training, personnel management, and military personnel management; working time usage; strictly handling all acts violating state laws, military discipline, and labor discipline; strictly implementing decisions regarding organizational staffing.

8. Awards

The heads of agencies and units, and military personnel, defense workers, and civil servants who achieve results in implementing regulations on thrift and anti-waste shall be considered for awards according to the Law on Encouragement of Competitiveness and Rewards 2003; Decree No. 121/2005/ND-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Encouragement of Competitiveness and Rewards; Circular No. 163/2006/QĐ-BQP dated September 26, 2006 of the Ministry of National Defense guiding the implementation of certain provisions of the Law on Encouragement of Competitiveness and Rewards and Decree No. 121/2005/ND-CP dated September 30, 2005 of the Government on competitive and rewarding work in the Vietnam People's Army; the Regulation on Competitive and Rewarding Work in the Vietnam People's Army issued together with Decision No. 137/2006/QĐ-QP dated August 14, 2006 of the Minister of National Defense.

9. Discipline

9.1. Basis for considering disciplinary action

a) The heads of agencies and units and military personnel who violate regulations on thrift and anti-waste but not to the extent of criminal prosecution shall be subject to disciplinary action under the Regulations on Military Unit Management of the Vietnam People's Army; for defense workers and civil servants, disciplinary action shall be carried out according to the Ordinance on Cadres and Civil Servants and guiding documents.

b) When considering disciplinary action against the heads of agencies and units, military personnel, and defense workers and civil servants, they must base it on: assigned responsibilities and tasks; the nature, degree, harm, and impact of the violation; circumstances of the violation and attitude after the violation.

c) The heads of agencies and units, military personnel, and defense workers and civil servants who violate regulations on thrift and anti-waste shall be subject to disciplinary action and must also compensate for losses caused. Compensation for losses shall be carried out according to the law and the Regulations on Military Unit Management of the Vietnam People's Army.

9.2. Forms of disciplinary responsibility for the heads of agencies and units

If the heads of agencies and units allow violations of regulations on thrift and anti-waste to occur within their managed and responsible units, they will be subject to disciplinary action according to the Regulations on Military Unit Management of the Vietnam People's Army; Decision No. 2530/2000/QĐ-BQP dated November 2, 2000 of the Minister of National Defense on disciplinary action for violations that do not reach the level of criminal prosecution (hereinafter referred to as Decision No. 2530/2000/QĐ-BQP); and Decision No. 82/2003/QĐ-BQP dated July 1, 2003 of the Minister of National Defense amending and supplementing some articles of Decision No. 2530/2000/QĐ-BQP dated November 2, 2000 (hereinafter referred to as Decision No. 82/2003/QĐ-BQP).

9.3. Forms of disciplinary action for military personnel and defense workers and civil servants

a) Military personnel who violate regulations on thrift and anti-waste shall be subject to disciplinary action according to the Regulations on Military Unit Management of the Vietnam People's Army; Decision No. 2530/2000/QĐ-BQP and Decision No. 82/2003/QĐ-BQP depending on the nature and degree of the incident.

b) Defense workers and civil servants who violate regulations on thrift and anti-waste shall be subject to disciplinary action according to the Ordinance on Cadres and Civil Servants and guiding documents depending on the nature and degree of the incident.

9.4. Authority to decide and procedures for disciplinary action

a) The authority to decide on disciplinary action against the heads of agencies and units, military personnel, and defense workers and civil servants who violate regulations on thrift and anti-waste shall be implemented according to the Regulations on Military Unit Management of the Vietnam People's Army.

b) The procedures for disciplinary action against the heads of agencies and units, military personnel, and defense workers and civil servants who violate regulations on thrift and anti-waste shall be implemented according to the Regulations on Military Unit Management of the Vietnam People's Army.

10. Effective date

This Circular takes effect fifteen days from the date of publication in the Official Gazette.

11. Responsibility for Implementation

The heads of agencies and units under the Ministry of National Defense are responsible for organizing the strict implementation of the provisions of Decree No. 103/2007/NĐ-CP and this Circular.

In the course of implementation, if there are difficulties, the commanders of agencies and units shall report to the Ministry of National Defense (through the Training Department) for consideration and resolution./.