Pursuant to …;

Issuing regulations on the functions, tasks, powers, and organizational structure of the Economic Arbitration Councils of provinces and centrally governed cities

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PRIME MINISTER

Based on the Law on the Organization of the Council of Ministers dated July 14, 1960;
Based on the charter and economic contract system issued together with Decision No. 54-CP dated March 10, 1975 of the Council of Ministers, and the charter on organization and operation of the State Economic Arbitration Council issued together with Decision No. 75-CP dated April 14, 1975 of the Council of Ministers;
At the proposal of the Chairman of the State Economic Arbitration Council.

DECISION:

Article 1: - Now hereby promulgating with this Decision the Regulations on the functions, tasks, powers, and organizational structure of the Economic Arbitration Councils of provinces and centrally governed cities.

Article 2: - All previous documents concerning the functions, tasks, powers, and organizational structure of the Economic Arbitration Councils of provinces and centrally governed cities that conflict with these regulations are hereby abolished.

Article 3: - The Chairman of the State Economic Arbitration Council, the ministers, heads of ministerial-level agencies, and heads of central government agencies under the Council of Ministers, and the chairmen of provincial and centrally governed city People's Committees shall be responsible for implementing this Decision.

REGULATIONS

ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE ECONOMIC ARBITRATION COUNCILS OF PROVINCES AND CENTRALLY GOVERNED CITIES
(Issued together with Decision No. 263-TTg dated August 2, 1979 of the Prime Minister)

PART 1:

GENERAL PROVISIONS

Article 1: - The Economic Arbitration Councils of provinces and centrally governed cities are specialized state agencies at the provincial level responsible for economic arbitration work, directly under the leadership of the provincial and centrally governed city People's Committees, while also subject to the guidance of the State Economic Arbitration Council regarding business operations and judicial policies.

Article 2: - The tasks of the Economic Arbitration Councils of provinces and centrally governed cities are to supervise and promote strict compliance with economic contract discipline and relevant state economic laws applicable to state-owned enterprises, public-private joint ventures, state agencies, military units, social organizations, cooperatives, and other forms of people's economic activities within the provincial and centrally governed city management systems.

Article 3: - All activities of the Economic Arbitration Councils of provinces and centrally governed cities must be based on current state laws on economic contract systems and economic management; they must comply with decisions, directives, and circulars of the State Economic Arbitration Council, as well as decisions and directives of the provincial and centrally governed city People's Committees, provided that such decisions and directives do not conflict with current provisions of competent state agencies.

Article 4: - The organizational structure of the Economic Arbitration Councils of provinces and centrally governed cities is equivalent to that of a Department or Bureau; it consists of one full-time chairman, two full-time vice-chairmen, and several part-time members. The chairman and full-time vice-chairmen of the Economic Arbitration Councils of provinces and centrally governed cities are appointed by the chairman of the State Economic Arbitration Council upon nomination by the chairman of the provincial or centrally governed city People's Committee, in accordance with current regulations. Part-time members are heads or deputy heads of planning, finance, banking, and price control agencies, appointed by the chairman of the provincial or centrally governed city People's Committee.

Article 5: - The Economic Arbitration Councils of provinces and centrally governed cities operate under a collective leadership system with individual responsibility assignments. The chairman of the Economic Arbitration Council of a province or centrally governed city is accountable to the provincial or centrally governed city People's Committee for all aspects of economic arbitration work in the locality and to the State Economic Arbitration Council for business operations and judicial policies. The chairman assigns responsibilities to the vice-chairmen. Part-time members, along with the chairman and vice-chairmen, lead the economic arbitration work of the province or centrally governed city, propose relevant opinions on their business areas, guide and urge units in their sectors to strictly implement the requirements of the Economic Arbitration Council of the province or centrally governed city, and enforce judicial decisions of authorized Economic Arbitration Councils at various levels.

PART 2:

TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE ECONOMIC ARBITRATION COUNCILS OF PROVINCES AND CENTRALLY GOVERNED CITIES

Article 6: - The Economic Arbitration Councils of provinces and centrally governed cities have the following specific tasks:

1. Timely and accurately adjudicate disputes and violations of the economic contract system between the following economic organizations:

- Between state-owned enterprises, public-private joint ventures, military units, and state agencies within the provincial and centrally governed city management systems;

- Between state agencies and enterprises and cooperatives and other forms of people's economic activities within the provincial and centrally governed city management systems;

- Between cooperatives and other forms of people's economic activities within the provincial and centrally governed city management systems with each other;

- Between economic organizations outside the jurisdiction of the Economic Arbitration Councils of provinces and centrally governed cities, which are authorized to adjudicate by the State Economic Arbitration Council.

2. Inspect compliance with the economic contract system, identify improper activities and errors affecting the signing, implementation, and termination of economic contracts in economic units operating within the province or centrally governed city, including economic organizations of central ministries operating within the territory of the province or centrally governed city.

3. Through inspection and adjudication work, assist grassroots economic units in correcting deficiencies and deviations in compliance with economic contract discipline, standardize contract signing and implementation, contribute practically to the formulation and implementation of state plans, and recommend measures to higher-level management agencies of grassroots economic units and related sectors to correct errors and deficiencies in economic activities hindering the signing and implementation of economic contracts.

4. Organize the dissemination and popularization of the economic contract system.

5. Organize training and professional development for economic contract staff in grassroots units, cooperatives, sectors, and levels within the provincial and centrally governed city management systems.

6. Organize information on economic contracts and economic arbitration, submit reports to the People's Committee of the province/city and the State Economic Arbitration Council periodically or upon urgent request.

Article 7: - The provincial/city Economic Arbitration Council shall have the following specific powers:

1. Conclude that certain clauses in contracts or economic contracts signed contrary to national plan targets, against current regulations and management systems of the State, are invalid; require the parties to amend the contract and set a timeframe for such amendments.

2. Determine the amount of fines for the party violating the economic contract regime as prescribed by the State.

3. Determine the actual compensation amount that the violating party must bear according to State regulations; decide to increase or decrease the compensation amount in cases where the parties have agreed on compensation contrary to State regulations.

4. In addition to adjudicating cases of economic contract discipline violations, it has the right to base its actions on State laws to request competent authorities to impose administrative disciplinary measures on units violating the economic contract regime, impose administrative disciplinary measures or fines, deduct from salaries or bonuses, or prosecute criminally individuals who commit serious breaches causing damage to State property, collective property, or people's property.

5. Summon the head of the unit signing the economic contract or individuals named in the economic contract and representatives of related management agencies to attend council sessions to handle violation cases.

6. Request heads of related agencies to provide documents, files, samples, appraisal reports; appoint appraisers, organize appraisals to serve as accurate bases for concluding violation cases.

7. Urge and inspect the implementation of council adjudication decisions.

8. Request the People's Committee of the district and economic management agencies under the province/city to promptly and fully provide data on contract work for reporting to the People's Committee of the province/city and the State Economic Arbitration Council.

9. Timely, accurately, and fully report to the Chairman of the State Economic Arbitration Council issues within the responsibility of central sector management agencies that need to contribute to addressing or resolving local economic contract violation cases.

10. Be entitled to participate in meetings of the People's Committee of the province/city and relevant sectors at various levels within the provincial/city management system discussing matters related to economic contracts.

Article 8: - The organizational structure of the provincial/city Economic Arbitration Council must be streamlined, in accordance with the State management organization charter issued by the Government Council and guided by the Chairman of the State Economic Arbitration Council. The staffing of the provincial/city Economic Arbitration Council is included in the general staffing of the central province/city.

The provincial/city Economic Arbitration Council shall have its own seal.