Ordinance No. 17/2004/PL-UBTVQH11 on National Reserve

ORDINANCE
National Reserve
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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Based on Resolution No. 21/2003/QH11 dated November 26, 2003 of the National Assembly, Session 4, regarding the legislative program for 2004;

This Ordinance stipulates on national reserve.

PART I
GENERAL PROVISIONS

Article 1. Objectives of the national reserve

The national reserve is a strategic reserve of the State to proactively meet urgent requirements for prevention, control, and mitigation of natural disasters, fires, epidemics; ensuring national defense and security; participating in stabilizing the market, contributing to macroeconomic stability, and fulfilling other urgent tasks of the State.

Article 2. Scope of application

This Ordinance stipulates the construction, organization of management, operation, and utilization of the national reserve.

Article 3Applicability

1. Agencies, organizations, and individuals related to the construction, organization of management, and operation of the national reserve.

2. Agencies, organizations, and individuals related to the utilization of the national reserve.

Article 4Definitions

In this Ordinance, the following terms shall be understood as follows:

1. National reserve activities are activities to build and implement plans and budgets for the national reserve; construct a system of material and technical infrastructure for managing the national reserve; manage the import, export, storage, and protection of the national reserve.

2. National reserve fund is an accumulation from the state budget, managed and utilized uniformly by the State in accordance with this Ordinance and relevant legal documents.

3. National reserve goods are materials and commodities listed in the national reserve.

4. Monetary national reserve is a sum of money reserved in the national reserve fund allocated in the annual state budget.

5. National reserve management includes activities related to the management of import, export, storage, and protection of the national reserve.

6. Total level of national reserve is the total value of the national reserve fund.

7. Increase in total level of national reserve is the total amount of funds allocated in the annual state budget approved by the National Assembly for increasing the national reserve fund.

8. Ministry or sector managing national reserve goods is a ministry or agency equivalent to a ministry under the Government assigned directly to organize the management and preservation of national reserve goods.

9. National reserve unit is an organization under the ministry or sector managing national reserve goods tasked with directly managing, importing, exporting, storing, and protecting national reserve goods.

Article 5.Organization of the national reserve

1. The organization of the national reserve must ensure centralized and unified management by the State, with division of responsibilities among ministries and sectors managing national reserve goods as prescribed by the Government.

2. The organizational system of the national reserve is arranged at central and regional strategic areas nationwide to promptly respond to urgent requirements, including specialized agencies for national reserve management under the Ministry of Finance and national reserve units under ministries and sectors managing national reserve goods.

Specialized agencies for national reserve management are organized vertically, comprising central departments and local units by region.

Article 6.Principles of management and utilization of the national reserve fund

1. The national reserve fund must be strictly managed, kept secret, and secured; it must proactively meet requirements in all situations; the national reserve fund must be replenished fully and promptly after its use.

2. The national reserve fund must be used for its intended purpose and in accordance with legal regulations; it may not be used for business operations.

Article 7.Sources of formation of the national reserve fund

The national reserve fund is formed from the state budget decided by the National Assembly.

Article 8Prohibited acts and handling of violations of the law on national reserve

1. The following acts are strictly prohibited:

a) Violating the national reserve fund, destroying material and technical infrastructure, warehouses storing national reserve goods;

b) Obstructing national reserve activities;

c) Importing or exporting the national reserve fund without proper authority;

d) Using the national reserve fund for unintended purposes or wastefully;

đ) Exploiting the import, export, purchase, sale, storage, transportation of national reserve goods for embezzlement or personal gain;

e) Neglecting duties or intentionally violating regulations on national reserve management causing damage or loss of national reserve assets;

g) Engaging in business, pledging, mortgaging, leasing, or illegal exploitation of national reserve assets;

h) Disclosing state secrets about the national reserve.

2. Any person who violates the provisions of this Ordinance and other laws on national reserve shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.

Chapter II
CONSTRUCTION OF THE NATIONAL RESERVE FUND

Article 9Total level of national reserve, increase in total level of national reserve

1. The total level of national reserve increases annually.

2. The Government submits to the National Assembly for decision on the annual increase in the total level of national reserve in accordance with the State Budget Law.

Article 10Methods of national reserve

1. The national reserve is stored in the form of goods and Vietnamese dong.

2. The Prime Minister prescribes the ratio between the national reserve in goods and the national reserve in money.

Article 11.List of national reserve goods and management authority

1. Goods included in the national reserve must be strategic, essential, and important goods that meet the objectives specified in Article 1 of this Ordinance.

2. The Government decides the list of national reserve goods and assigns responsibilities to ministries and sectors managing national reserve goods as follows:

a) The Ministry of Finance directly organizes the management and storage of national reserve goods to meet requirements for ensuring national food security, rescue, emergency relief, disaster prevention and control, fire and epidemic prevention, market stabilization, and people's livelihood stability;

b) The Ministry of Defense and the Ministry of Public Security directly organize the management and storage of national reserve goods to meet requirements and tasks for national defense and security;

c) Ministries and sectors managing national reserve goods, except those specified in points a and b of this clause, directly organize the management and storage of other national reserve goods according to state orders. The specialized agency for national reserve management under the Ministry of Finance signs contracts to lease national reserve units under ministries and sectors directly organizing the storage of national reserve goods as specified in this point.

3. The list of national reserve goods shall be determined annually together with the socio-economic development plan and the state budget estimate. Every six months and annually, the Government shall report to the Standing Committee of the National Assembly on the list of national reserve goods.

Article 12. National Reserve Plan

1. The national reserve plan shall be developed for five years and annually and shall be integrated into the socio-economic development plan and the state budget estimate.

2. The basis for developing the national reserve plan includes:

a) The objectives and requirements of the national reserve;

b) The capacity of the state budget;

c) Forecasts of domestic and international political and socio-economic conditions;

d) Other forecasts related to the national reserve.

3. The contents of the national reserve plan include:

a) The end-of-period inventory level, the end-of-period fund level;

b) Plans for increasing, decreasing, and rotating national reserve goods;

c) Investment in the development of material and technical infrastructure;

d) Research and application of scientific and technological progress;

e) Financial balance for national reserve activities.

4. The Ministry of Planning and Investment shall take the lead in coordinating with the Ministry of Finance to guide ministries and sectors managing national reserve goods to prepare the national reserve plan to balance and integrate it for submission to the Government for decision within its authority.

Chapter III
MANAGEMENT OF THE BUDGET FOR NATIONAL RESERVES

Article 13.Budget for the national reserve fund

1. Based on the national reserve plan and the allocated budget, the Ministry of Finance shall direct, guide, and urge ministries and sectors managing national reserve goods to proactively purchase reserve goods according to the list of items, quantities, quality standards, prices, methods, and procedures prescribed.

In cases where changes in prices when importing or exporting and rotating reserve goods reduce the quantity purchased according to the approved plan, the ministries and sectors managing national reserve goods shall purchase the corresponding quantity of goods with the proceeds received; they shall report to the Ministry of Finance for submission to the Prime Minister for a decision on the shortfall in quantity compared to the plan.

2. In cases where the budget allocated for purchasing national reserve goods in the annual plan has not been fully utilized, the Minister of Finance shall consider and decide to transfer it to the following year for continued implementation based on the proposal of the heads of ministries and sectors managing national reserve goods.

3. Ministries and sectors managing national reserve goods shall use the allocated budget and the proceeds from selling rotated national reserve goods to purchase goods according to the approved plan; if the purchase plan has been completed and there is remaining money, the Ministry of Finance shall recover it and replenish the national reserve fund with cash; in cases where national reserve goods have a seasonal nature and must be purchased to increase reserves before selling and rotating goods, the Minister of Finance shall consider and temporarily advance funds for purchases, and the ministries and sectors managing national reserve goods must immediately repay the advanced funds within the plan year.

4. Damaged or deteriorated national reserve goods shall be handled immediately; the heads of ministries and sectors managing national reserve goods shall be responsible for organizing repairs, restoration, or sales to minimize losses and identify the causes for handling:

a) In cases due to objective reasons, the reduction in capital sources shall be recorded;

b) In cases due to subjective reasons, compensation shall be made in accordance with the provisions of the law.

The heads of ministries and sectors managing national reserve goods shall promptly report the situation of losses and the results of remediation to the Minister of Finance and the Minister of Planning and Investment for consolidation and submission to the Prime Minister.

5. During the process of storing national reserve goods, in cases of excess loss beyond the standard due to subjective reasons, the units and individuals directly responsible for storing national reserve goods shall compensate for the entire quantity lost; in cases where losses are reduced below the standard, rewards may be granted according to the regulations of the Government.

Article 14.Budget for investment in material and technical infrastructure for managing national reserves

1. The budget for investment in material and technical infrastructure for managing national reserves shall be arranged in the annual investment development plans of ministries and sectors managing national reserve goods.

2. Ministries and sectors managing national reserve goods shall be responsible for managing and using basic construction investment funds in accordance with the provisions of the law.

Article 15.Budget for managing national reserves

1. The budget for managing national reserves includes expenditures for the operation of management agencies; expenditures for implementing imports, exports, purchases, sales, storage, protection, and insurance of national reserve goods; expenditures for research and application of scientific and technological progress; and expenditures for training and upgrading cadres and civil servants engaged in national reserve work.

2. The budget for managing national reserves of national reserve agencies and units shall be implemented according to plans, estimates, standards, and storage contracts for national reserve goods, and in accordance with current financial and budgetary management systems.

3. Expenditures for the import, export, and storage of national reserve goods shall be carried out under a quota system; if savings are achieved, they may be used according to the regulations of the Minister of Finance. Expenditures for the import and export of national reserve goods without payment as decided by the Prime Minister shall be supplemented by the Ministry of Finance according to the approved estimate. Ministries and sectors managing national reserve goods shall base their cost estimates for the import, export, and storage of national reserve goods on economic-technical norms, storage contracts for national reserve goods, and report them to the Ministry of Finance for approval before implementation; in cases where approval has not been obtained, the Minister of Finance shall temporarily advance funds for national reserve agencies and units to implement.

Article 16.Financial and budgetary management systems; accounting, statistics, and state audit systems; reporting systems

1. The Minister of Finance shall submit to the Government and the Prime Minister for the establishment of a financial and budgetary management mechanism for national reserves that meets the requirements of state management and is suitable for the special operations of the national reserve sector.

2. Ministries and sectors managing national reserve goods and national reserve units shall strictly comply with the laws on financial and budgetary management, accounting, statistics, state audit, and reporting systems for national reserves.

3. Ministries and sectors managing national reserve goods must inspect and approve the final accounts of subordinate national reserve units, be responsible for the approved final accounts; prepare the final accounts and compile reports on the national reserve under their management to send to the Ministry of Finance. The Ministry of Finance is responsible for reviewing the final accounts, compiling the final accounts on the national reserve to submit to the Government for approval.

Chapter IV
MANAGEMENT AND ADMINISTRATION OF THE NATIONAL RESERVE FUND

Section 1
IMPORTING AND EXPORTING NATIONAL RESERVE GOODS

Article 17.PRINCIPLES FOR IMPORTING AND EXPORTING NATIONAL RESERVE GOODS

Importing and exporting national reserve goods must ensure the following principles:

1. In accordance with plans and contracts for storing national reserve goods as ordered by the State or decided by competent authorities;

2. By type, quantity, quality, price, and location as specified;

3. In accordance with import and export procedures prescribed by law.

Article 18.PLANNED IMPORTING, EXPORTING, AND ROTATION OF NATIONAL RESERVE GOODS

1. Annually, based on requirements to strengthen the national reserve, storage periods, and contracts for storing national reserve goods as ordered by the State, ministries and sectors managing national reserve goods shall develop plans for importing, exporting, and rotating national reserve goods to send to the Ministry of Finance and the Ministry of Planning and Investment for compilation and submission to the Prime Minister for decision on plans for importing, exporting, and rotating national reserve goods.

2. Based on the plans for importing, exporting, and rotating national reserve goods decided by the Prime Minister, and contracts for storing national reserve goods as ordered by the State, Heads of ministries and sectors managing national reserve goods shall organize the implementation of plans, contracts, and decide on methods of purchase and sale, timing for importing, exporting, and rotating national reserve goods to ensure the end-of-period inventory level as stipulated by the Prime Minister.

Article 19IMPORTING AND EXPORTING USE OF NATIONAL RESERVE GOODS AS DECIDED BY THE PRIME MINISTER

The Prime Minister decides on importing and exporting the use of national reserve goods in the following cases:

1. To prevent and mitigate consequences of natural disasters, fires, and epidemics;

2. To meet requirements for national defense and security assurance;

3. To participate in stabilizing the market and contribute to macroeconomic stability;

4. To meet special requirements for foreign aid, loans, debt repayment in diplomatic relations or to fulfill urgent and critical tasks of the State.

Article 20.IMPORTING AND EXPORTING USE OF NATIONAL RESERVE GOODS UNDER DELEGATED AUTHORITY OF THE PRIME MINISTER

1. If necessary, the Prime Minister may delegate authority to the Minister of Finance to decide on importing and exporting the use of national reserve goods, and delegate authority to the Ministers of National Defense and Public Security to decide on importing and exporting national reserve goods related to national defense and security as follows:

a) Importing and exporting immediately national reserve goods such as materials, raw materials, fuels, and materials valued at less than one billion dong to serve timely emerging tasks;

b) Temporarily exporting machinery, equipment, and means of transport from the national reserve to serve timely emerging tasks; after completing the task, they must be recovered promptly for maintenance and re-stored in the national reserve warehouse according to regulations or reported to the Prime Minister for decision on handling.

2. The Minister shall decide on importing and exporting national reserve goods as provided for in Clause 1 of this Article, within three days from the date of decision on importing and exporting goods, report to the Prime Minister and bear responsibility before the Prime Minister for their decisions; simultaneously send reports to the Minister of Finance and the Minister of Planning and Investment.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment to inspect the importing and exporting and use of national reserve goods as provided for in Clause 1 of this Article, ensuring compliance with intended purposes and designated recipients; compile and report to the Prime Minister and recommend prompt handling of violations. and using the national reserve as prescribed in Clause 1 of this Article, ensuring that it is used for the intended purpose and the specified recipients; summarizing, reporting to the Prime Minister, and promptly recommending measures to address any violations.

Article 21.IMPORTING AND EXPORTING NATIONAL RESERVE GOODS IN OTHER CASES

Heads of ministries and sectors managing national reserve goods shall decide on importing and exporting national reserve goods when liquidating, disposing of losses, surpluses, or damages during the process of importing, exporting, storing, and transporting national reserve goods in accordance with the law and bear responsibility for their decisions; after implementation, report to the Minister of Finance and the Minister of Planning and Investment for compilation and reporting to the Prime Minister.

Article 22INTERNAL RELOCATION OF NATIONAL RESERVE GOODS

Heads of ministries and sectors managing national reserve goods shall propose the Minister of Finance to consider and decide on internal relocation of national reserve goods under their management in the following cases:

1. Relocating national reserve goods according to planning and plans to ensure safety and suitability with warehouse conditions and storage requirements for national reserve goods;

2. Relocating national reserve goods out of areas affected by natural disasters, fires, or unsafe conditions;

3. Relocating national reserve goods to places where they are needed to be ready to serve emerging tasks;

4. Due to the need for inventory checks, handovers, inspections, and investigations.

Article 23MANAGEMENT OF PURCHASE AND SALE PRICES OF NATIONAL RESERVE GOODS

1. The Minister of Finance shall prescribe the maximum limit price when purchasing national reserve goods and the minimum limit price when selling national reserve goods.

The Ministers of National Defense and Public Security shall prescribe purchase and sale prices of national reserve goods related to national defense and security after reaching agreement with the Minister of Finance.

2. Based on the maximum limit price and minimum limit price prescribed by the Minister of Finance, heads of ministries and sectors managing national reserve goods shall set specific prices at different times and locations when purchasing and selling national reserve goods under their management, and report to the Minister of Finance.

3. Purchase and sale prices of national reserve goods through bidding and auction shall be carried out in accordance with laws on bidding and auction.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". METHODS OF PURCHASING AND SELLING NATIONAL RESERVE GOODS

1. When purchasing and selling national reserve goods, based on actual task requirements, ministries and sectors managing national reserve goods shall implement one of the following methods:

a) Direct assignment shall be applied in the following cases: purchasing national reserve goods to serve defense and security tasks, telecommunication; purchasing fuel; purchasing national reserve goods to stabilize the market after allocating various types of national reserve goods for rescue, emergency relief, disaster recovery, fire control, epidemic prevention, or special seasonal goods with specific storage requirements such as food, salt, seeds, medical drugs, veterinary drugs, plant protection chemicals;

b) Direct purchase and sale shall be applied in the following cases: supplementing contracts completed within one year or ongoing contracts that were previously tendered or auctioned at prices specified in the contracts; directly purchasing from producers and selling directly to consumers for national reserve goods such as food (excluding rice), salt, seeds, medical drugs, veterinary drugs, plant protection chemicals under stable market conditions without significant supply and demand fluctuations;

c) Tendering shall be applied when purchasing national reserve goods including materials, machinery, equipment, means of transport, raw materials, and construction materials; purchasing rice for reserves;

d) Competitive bidding shall be applied in cases where the value of national reserve goods purchased is less than two billion VND;

đ) Auctioning shall be applied in cases of selling national reserve goods such as materials, machinery, equipment, means of transport that are permitted to be sold through liquidation or rotation;

2. The head of the ministry or sector managing national reserve goods shall decide on the method of purchasing and selling national reserve goods in accordance with Clause 1 of this Article and bear legal responsibility for their decisions. If the implemented purchasing and selling methods do not yield results, the head of the ministry or sector managing national reserve goods must propose to the Minister of Finance and the Minister of Planning and Investment to request the Prime Minister's decision to apply alternative purchasing and selling methods;

Section 2
NATIONAL RESERVE WAREHOUSES

Article 25. Planning the system of national reserve warehouses

1. The system of national reserve warehouses must be planned in accordance with the economic and social development strategy, ensuring national defense, security, and disaster prevention and firefighting;

2. The Prime Minister shall approve the overall planning of the national reserve warehouse system. The head of the ministry or sector managing national reserve goods shall approve the detailed network planning of national reserve warehouses within their management scope;

Article 26.Construction and protection of national reserve warehouses

1. National reserve warehouses must be constructed according to approved plans; ensuring modern technology for preservation, equipped with necessary facilities, equipment, and means for implementing the procedures of receiving, issuing, preserving national reserve goods, preventing natural disasters, fires, damage, and other causes of loss to national reserve assets;

2. The area of national reserve warehouses must be strictly organized for protection, safety, and confidentiality;

3. The Minister of Finance shall establish standards for national reserve warehouses and issue regulations on protecting national reserve warehouses after coordinating with the head of the ministry or sector managing national reserve goods. The Minister of Defense and the Minister of Public Security shall establish standards for national reserve warehouses and issue regulations on protecting national reserve warehouses within their management scope;

Section 3
PRESERVATION OF NATIONAL RESERVE GOODS

Article 27Principles of preserving national reserve goods

1. National reserve goods must be stored at designated locations, in accordance with procedures, regulations, and lease agreements for storage as ordered by the State, ensuring quantity and quality during the storage period;

2. Ministries and sectors managing national reserve goods must actively exchange national reserve goods according to the rotation plan; for imported goods, ensure sufficient new sources according to quality standards for warehousing; for domestically produced goods, ensure that the quantity of reserve goods in stock does not fall below 50% of the end-of-period inventory level and replenish new goods within six months;

Article 28.Responsibilities for protecting and preserving national reserve goods

1. Ministries and sectors managing national reserve goods must strictly comply with legal provisions regarding state secrets about national reserves;

2. The head of the ministry or sector managing national reserve goods is responsible for organizing and directing the implementation, inspecting the protection and preservation of national reserve goods, promptly identifying, preventing, and handling violations of laws concerning the protection and preservation of national reserve goods;

3. The head of units directly managing national reserve goods is responsible for safely protecting and preserving the quantity and quality of national reserve goods;

Article 29.Establishing and issuing quality standards, economic-technical norms, procedures, regulations, and preservation periods for national reserve goods

1. The Ministry of Finance and ministries and sectors managing national reserve goods shall lead and coordinate with the Ministry of Science and Technology and relevant agencies to establish and issue quality standards for goods entering national reserve warehouses according to their authority;

2. The Ministry of Finance shall lead and coordinate with relevant agencies to establish and issue economic-technical norms, procedures, regulations, and preservation periods for national reserve goods;

3. Ministries and sectors managing national reserve goods shall organize research and application of advanced scientific and technological progress in the preservation of national reserve goods;

Section 4
MANAGEMENT OF NATIONAL RESERVE BY MONEY

Article 30.Using national reserve by money

National reserve by money can only be used to purchase national reserve goods;

Article 31Management of national reserve by money

1. The Ministry of Finance shall centrally manage national reserve by money at the State Treasury. Interest earned shall be added to the principal to maintain and develop the national reserve fund;

2. Based on the ratio between national reserve by goods and national reserve by money as prescribed by the Prime Minister, the Minister of Finance shall decide to allocate national reserve by money to purchase national reserve goods, bear responsibility for their decisions, and report to the Prime Minister.

3. The State Bank of Vietnam shall promptly implement requests to convert national reserves denominated in Vietnamese dong into foreign currency for the purpose of importing national reserve goods.

Chapter V
TASKS AND POWERS OF THE GOVERNMENT AND THE PRIME MINISTER RESOLUTION
AND OTHER ORGANIZATIONS IN THE MANAGEMENT AND USE OF NATIONAL RESERVES MANAGEMENT AND USE OF THE NATIONAL RESERVE
NATIONAL RESERVE

Article 32. Duties and authorities of the Government, the Prime Minister

1. The Government shall uniformly manage state affairs concerning national reserves and have the following tasks and powers:

a) Submit draft laws and ordinances on national reserves to the National Assembly and the Standing Committee of the National Assembly;

b) Issue normative legal documents on national reserves within its authority;

c) Specify the organizational system for managing national reserves; direct and coordinate related activities concerning national reserves;

d) Decide on the strategy and planning for developing national reserves and the national reserve plan;

đ) Develop the total level of national reserves and the annual increase in national reserves to be submitted to the National Assembly;

e) Allocate the budget for national reserves; decide on the list of national reserve goods, the level of national reserves for each type of goods, allocate ministries and sectors to manage national reserve goods; report periodically every six months and annually to the Standing Committee of the National Assembly on the list of national reserve goods;

g) Establish financial and budget management mechanisms that meet the requirements of state management and are suitable for the operations of the national reserve sector;

h) Perform other tasks and powers in managing state affairs concerning national reserves.

2. The Prime Minister shall have the following tasks and powers:

a) Approve the overall planning of the national reserve storage system;

b) Specify the organization and operation of specialized national reserve management agencies;

c) Decide on the ratio between national reserves in goods and national reserves in money;

d) Approve the national order plan for national reserves;

đ) In necessary cases, decide on adjustments and supplements to the list of national reserve goods, the level of national reserves, and the allocation of ministries and sectors to manage national reserve goods;

e) Decide on the import and export of national reserve goods according to Article 19 of this Ordinance;

g) Perform other tasks and powers regarding national reserves as prescribed by the Government.

Article 33. Tasks and Powers of the Ministry of Finance

The Ministry of Finance shall be responsible before the Government for managing state affairs concerning national reserves and have the following tasks and powers:

1. Submit draft laws and ordinances and draft normative legal documents within the authority of the Government and the Prime Minister on national reserves to the Government and the Prime Minister;

2. Lead and coordinate with the Ministry of Planning and Investment to submit to the Government strategic plans, development planning, and policies on national reserves;

3. Lead and coordinate with relevant ministries and sectors to manage national reserve goods to issue economic-technical norms, procedures, regulations, preservation periods for various types of national reserve goods, and other normative legal documents on national reserves within their authority;

4. Coordinate with the Ministry of Planning and Investment to submit to the Government the total level of national reserves, the annual increase in national reserves, budget estimates, and funding allocation plans for national reserves for ministries and sectors managing national reserve goods;

5. Coordinate with the Ministry of Planning and Investment to guide ministries and sectors managing national reserve goods to develop national reserve plans, national orders for national reserves, lists of national reserve goods, and levels of reserves for each type of goods for consolidation and submission to the Government;

6. Direct and manage national reserve activities, inspect and audit the implementation of national reserves according to annual plans and decisions of the Prime Minister; handle violations of national reserve laws within their authority;

7. Based on the state budget estimate, the approved annual national reserve plan, decisions of the Prime Minister, economic-technical norms, national orders, ensure sufficient financial resources for national reserves for ministries and sectors managing national reserve goods; review and consolidate the final accounts of the budget spent on national reserves;

8. Issue guiding documents on financial and budget management systems, decide on maximum and minimum prices, compensation prices for damaged national reserve goods, and costs for importing, exporting, purchasing, selling, preserving, and insuring national reserve goods; guide, monitor, direct, and inspect the quantity, quality, and value of national reserve goods; implement regulations on managing, preserving, buying, selling, importing, exporting, and rotating national reserve goods;

9. Develop planning, training programs, and policies for personnel involved in national reserve work;

10. International cooperation on national reserves;

11. Summarize and report to the Prime Minister on national reserve management work;

12. Perform other tasks and powers concerning national reserves as prescribed by law.

Article 34. Tasks and Powers of the Ministry of Planning and Investment

The Ministry of Planning and Investment shall have the following tasks and powers:

1. Review strategic plans and development planning for national reserves to be submitted to the Government;

2. Lead and coordinate with the Ministry of Finance to submit to the Government the national reserve plan, total level of national reserves, annual increase in national reserves, budget estimates, and funding allocation plans for national reserves for ministries and sectors managing national reserve goods, lists of national reserve goods, and levels of reserves for each type of goods; submit national orders for national reserves to the Prime Minister;

3. Coordinate with the Ministry of Finance to submit to the Government strategic plans, development planning, and policies on national reserves; guide, direct, and inspect the implementation of national reserves according to plans and decisions of the Prime Minister.

Article 35. Tasks and Powers of Ministries and Sectors Managing National Reserve Goods

Ministries and sectors managing national reserve goods shall have the following tasks and powers:

1. Coordinate with the Ministry of Finance and the Ministry of Planning and Investment to develop strategic plans, development planning, plans, national orders, lists of national reserve goods, and levels of reserves for each type of goods.

2. Direct the subordinate national reserve units to implement plans and contracts for storing national reserve goods according to state orders and manage national reserves in accordance with the provisions of the law;

3. Report to the Prime Minister on the management of national reserve goods according to state orders, and simultaneously send the report to the Minister of Finance and the Minister of Planning and Investment;

4. Perform other tasks and authorities regarding national reserves as prescribed by law.

Article 36. Tasks and Authorities of the Specialized National Reserve Management Agency

The specialized national reserve management agency has the following tasks and authorities:

1. Assist the Ministry of Finance in managing the state's affairs concerning national reserves; directly organize the management of national reserve goods within the list assigned by the Government; monitor the overall management of specialized national reserve goods assigned by the Government to be managed by relevant ministries and sectors;

2. Assist the Minister of Finance in overseeing, inspecting, and supervising the import, export, and use of the national reserve fund in cases stipulated in Article 20 of this Ordinance and the implementation of contracts for storing national reserve goods by national reserve units;

3. Assist the Minister of Finance in determining the requirements for state orders regarding: the list of goods, types, quantities, quality standards, prices, storage locations, import times and preservation periods, economic-technical norms, losses, storage costs for national reserve goods, conditions to ensure the fulfillment of tasks; sign and implement contracts for storing national reserve goods and monitor, inspect, and compile results of implementing these contracts to report to the Minister of Finance for submission to the Prime Minister;

4. Propose the Minister of Finance to decide on the management and storage funds for units directly storing national reserve goods;

5. Perform other tasks and authorities regarding national reserves as prescribed by law.

Article 37.Tasks and Authorities of National Reserve Units

National reserve units have the following tasks and authorities:

1. Store national reserve goods ensuring sufficient quantity, correct quality, types of goods, and at the specified locations according to state orders;

2. Ensure the stock levels of national reserve goods at warehouse points meet timely mobilization requirements and are convenient in all situations;

3. Only release national reserve goods upon decisions by the Prime Minister or competent authorities;

4. Maintain accounting books and documents to track the import, export, rotation, and storage of national reserve goods in accordance with established regulations; periodically report on imports, exports, and stock levels to the specialized national reserve management agency and the main managing ministry or sector;

5. Perform other tasks and authorities regarding national reserves as prescribed by law.

Article 38.Tasks and Authorities of Provincial People's Committees and Municipal People's Committees under Central Government

Provincial People's Committees and Municipal People's Committees under Central Government have the following tasks and authorities:

1. Coordinate and create favorable conditions for agencies and units directly managing national reserves to complete their tasks of importing, exporting, protecting, storing, and transporting national reserve goods, ensuring confidentiality and safety of national reserve activities in their localities;

2. Perform other tasks and authorities regarding national reserves as prescribed by law.

Article 39.Tasks and Authorities of Agencies, Organizations, and Units in Using National Reserve Goods

1. Agencies and units assigned the task of releasing national reserve goods must immediately carry out the release from storage, transportation, and delivery at the designated location, ensuring promptness, timeliness, correct quantity, quality, and compliance with procedures;

2. Agencies and organizations receiving national reserve goods must responsibly handle the receipt and distribution of goods in accordance with established systems and policies, correct recipients, comply with financial management, budgetary, accounting, and statistical systems, and accept supervision from competent state agencies; within fifteen days from completing the distribution, they must report the results to the specialized national reserve management agency for compilation and reporting to the Minister of Finance;

Chapter VI
IMPLEMENTING PROVISIONS

Article 40. Effective Date

This Ordinance takes effect from September 1, 2004.

Previous regulations contrary to this Ordinance are abolished.

Article 41.Detailed Provisions and Guidance for Implementation of the Ordinance

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.