Decision No. 16/QD-BTP on Delegation and Authorization to Perform Financial and State Asset Management Tasks in Administrative Agencies and Public Service Units under the Ministry of Justice

Pursuant to …;

Classification and Delegation of Financial Management and State Asset Management Tasks

in Administrative Agencies and Public Service Units under the Ministry of Justice

______________________________

 THE MINISTER OF JUSTICE

Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002; Government Decree No. 60/2003/NĐ-CP dated June 6, 2003 detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Government Decree No. 14/1998/NĐ-CP dated March 6, 1998 on state asset management;

Pursuant to Government Decree No. 137/2006/NĐ-CP dated November 14, 2006 on the classification of state management over state assets at administrative agencies and public service units with established state ownership rights;

At the proposal of the Director of the Department of Planning and Finance,

Pursuant to …;

Article 1. Authority for Financial Management and Budget Execution

1. The Minister delegates:

a) Deputy Ministers responsible for areas to approve budget estimates and final accounts of units they oversee.

b) Heads of the Planning and Finance Department to consolidate and review budget estimates and final accounts of units to be submitted to the Ministry's leadership for consideration and approval.

2. The Minister classifies:

Heads of second-level budget units that are also third-level budget units shall perform:

a) Review budget revenue and expenditure estimates of subordinate units;

b) Allocate annual budget revenue and expenditure estimates to subordinate budget units within the allocated budget of the Ministry and submit the comprehensive budget allocation plan to the Planning and Finance Department within seven working days from receipt of the Minister's decision on budget allocation;

c) Adjust budgets of subordinate units to ensure they do not exceed the total allocated budget and comply with approved contents by the Ministry of Justice;

d) Organize final account verification and notify approval of final accounts for subordinate budget units in accordance with the law.

3. Procurement and tendering for goods and services shall be carried out according to the Minister's decision and current laws.

4. The Director of the Ministry's Office and heads of public service units with income may approve travel budgets in and out according to the law.

Article 2. Authority to Decide Investment and Procurement of State Assets

1. The Minister delegates:

Deputy Ministers responsible for areas to decide procurement of assets valued from fifty million dong to five hundred million dong/unit (except as provided in Clause 3 of this Article).

2. The Minister classifies for heads of second and third-level budget units:

a) Based on standards, quotas, and allocated budget and other revenues, develop plans for asset procurement for their units and organize procurement in compliance with prescribed standards and quotas, except for centrally procured assets;

b) Decide on procurement of assets valued below fifty million dong/unit.

3. In addition to the tasks mentioned in Clause 2 above, heads of public service units with income may decide on procurement of assets from development funds and mobilized capital as stipulated in Clause 3 of Article 5 of Government Decree No. 43/2006/NĐ-CP dated April 25, 2006.

4. The Head of the Planning and Finance Department shall have the responsibility:

a) To draft centralized procurement plans to be reviewed and approved by the Minister of Justice;

b) To organize centralized procurement in compliance with current regulations;

c) To inspect and hand over assets purchased and related documents to directly using budget units according to the approved plan;

d) To publicly disclose centralized procurement activities in accordance with regulations;

e) To sign contracts with suppliers and implement warranty policies in accordance with signed agreements.

5. In cases of necessity such as natural disasters, enemy attacks, or newly established units, the Head of the Planning and Finance Department shall propose to the Minister of Justice to supplement the budget for units directly purchasing assets to meet operational needs promptly based on the State Budget Law.

Article 3. Authority to Recover State Assets

1. The Minister delegates:

a) Deputy Ministers responsible for areas decide to recover assets with original value from fifty million dong to five hundred million dong/unit based on the proposal of the Head of the Planning and Finance Department;

b) The Head of the Planning and Finance Department decides to recover assets with original value from twenty million dong to less than fifty million dong/unit if they are improperly used or exceed government and Ministry of Justice standards and quotas, and are not addressed by heads of administrative agencies and public service units.

2. The Minister classifies:

a) Heads of budget units under the Ministry and Provincial Civil Enforcement Officers decide to recover assets valued below twenty million dong/unit managed by their units;

b) Heads of units with recovered assets must transfer the assets and related documents to the receiving unit; management and disposal of recovered assets shall be conducted in accordance with the law.

Article 4. Authority to Transfer State Assets

1. The Minister delegates:

a) Deputy Ministers responsible for areas decide to transfer assets with original value from fifty million dong to five hundred million dong/unit.

b) The Head of the Planning and Finance Department decides to transfer state assets with original value from twenty million dong to less than fifty million dong/unit between second-level budget units that are also third-level budget units after obtaining the Minister of Justice's approval on the policy, specifically as follows:

Article on transfer between agencies and units under the Ministry, based on the proposal of the head of the relevant agency or unit;

Article on transfer between Provincial Civil Execution Offices and District Civil Execution Offices, based on the proposal of the heads of Provincial Civil Execution Offices and District Civil Execution Offices;

2. The Minister classifies:

The heads of budgetary units under the Ministry and the heads of Provincial Civil Execution Offices decide on the transfer of State assets with an original value below twenty million dong/unit among subordinate budgetary units;

Article 5. Liquidation of State assets

1. The Minister delegates:

a) The Deputy Minister responsible for certain areas decides on the liquidation of State assets concerning houses, other construction works, and fixed assets with an original value from fifty million dong to five hundred million dong/unit due to damage or high repair costs that would not be cost-effective, based on the proposal of the head of the agency or unit and the Director of the Planning and Finance Department.

b) The Director of the Planning Department decides on the liquidation of movable State assets with an original value from twenty million dong to less than fifty million dong/unit, based on the proposal of the heads of budgetary units.

2. The Minister decentralizes:

The heads of budgetary units under the Ministry and the heads of Provincial Civil Execution Offices decide on the liquidation of movable State assets with an original value below twenty million dong/unit belonging to their own units and subordinate units; upon completion of liquidation, they must report the results to the Ministry (Planning and Finance Department).

Article 6. Responsibilities of the Director of the Planning and Finance Department

1. Implement state management tasks related to budget management and State assets managed by the Ministry of Justice;

2. Guide agencies and units under the Ministry to implement financial and State asset management decentralization according to this Decision;

3. Organize regular or spot inspections of compliance with financial and State asset management systems at budgetary agencies and units; recommend or handle according to authority cases of violation of financial and State asset management systems at budgetary units and compile implementation situations, reporting quarterly to the Minister.

Article 7. Responsibilities of the Heads of Budgetary Units

1. Fully comply with legal regulations on budget and State asset management and usage. Directly manage and use the budget and State assets according to the decentralization provisions in this Decision and other relevant laws.

2. Develop and implement plans for construction, procurement, repair, renovation, and liquidation of State assets in accordance with legal provisions; use the budget and State assets for their intended purposes, within prescribed standards and quotas, economically, and effectively.

3. Publicize fully, promptly, and accurately information about standards, quotas, procurement, management, and usage of the budget and State assets at the unit according to legal provisions; accept supervision and inspection by the Ministry of Justice and competent state management authorities as stipulated by law.

4. Report fully and promptly on the management and usage of financial and State assets within their jurisdiction according to the guidance of the Ministry of Justice.

5. Those delegated or authorized by the Minister bear full responsibility for organizing the implementation of assigned tasks according to legal provisions, while individually bearing responsibility before the Minister of Justice for their decisions, ensuring strict, economical, and effective management of financial and State assets at the agency or unit without loss or waste.

6. During the process of implementation, if difficulties arise, agencies and units should promptly report to the Ministry (Planning and Finance Department) for review, guidance, and appropriate amendments.

Article 8. Effectiveness

This Decision takes effect from the date of signature. All previous regulatory documents contrary to this Decision are abolished.

Article 9. Implementation

The Chief of the Ministry's Office, the Director of the Planning and Finance Department, the heads of budgetary units under the Ministry, and the heads of local civil execution offices are responsible for implementing this Decision.