Decree No. 43/2012/ND-CP on amending and supplementing certain articles of Decree No. 196/2004/ND-CP dated December 2, 2004 of the Government detailing the implementation of the National Reserve Law

DECREE

Regarding amending and supplementing certain Articles of Decree No. 196/2004/NĐ-CP dated December 2, 2004

of the Government detailing the implementation of the National Reserve Law

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the National Reserve Law dated April 29, 2004;

At the proposal of the Minister of Finance,

The Government promulgates this Decree to amend and supplement certain Articles of Decree No. 196/2004/NĐ-CP dated December 2, 2004 of the Government detailing the implementation of the National Reserve Law.

Article 1. Amending and supplementing certain Articles of Decree No. 196/2004/NĐ-CP dated December 2, 2004 of the Government detailing the implementation of the National Reserve Law (hereinafter referred to as Decree No. 196/2004/NĐ-CP):

1. Amending Clause 1 of Article 3:

"1. The specialized agency under the Ministry of Finance responsible for managing the national reserve shall perform state management functions over the national reserve and be organized vertically comprising the State General Reserve Administration and the State Reserve Regional Bureaus located in strategic areas throughout the country.

The State Reserve Regional Bureau shall directly manage, store, and handle the entry and exit of national reserve goods, purchase and sale of national reserve goods according to the orders of competent authorities."

2. Amending Clause 1 of Article 4:

"1. The list of national reserve goods and the allocation of agencies managing national reserve goods shall be specified in the Appendix attached to this Decree."

3. Amending Clause 1 of Article 12:

"1. Based on inspection reports; loss determination reports; confirmation reports of damaged goods with reduced quality compared to national technical standards or storage requirements; and reports of lost national reserve goods, the asset disposal council at each level of the reserve agency shall examine and analyze the causes of losses, damages, or theft, and propose measures to address these issues to the head of the national reserve agency."

4. Amending Article 14:

"Article 14. Storage of National Reserve Goods

National reserve goods must be stored at the designated location, preserved in accordance with national technical standards or temporary storage requirements; all necessary documentation must be kept detailing quantity, quality, value, and changes during entry, exit, and storage. Changes to storage locations or preservation requirements may not be made without permission from the competent state authority."

5. Amending Article 15:

"Article 15. Development and Issuance of National Technical Standards and Economic-Technical Norms for National Reserve Goods

1. National technical standards for national reserve goods (quality criteria for entry and exit, storage requirements, and warehouse storage periods):

a) The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies managing national reserve goods to develop and issue national technical standards for national reserve goods in accordance with the Law on Standards and Technical Regulations.

Ministries and agencies managing national reserve goods shall prepare the technical standard documentation within their jurisdiction and submit it to the Ministry of Finance.

b) In cases where national technical standards cannot be developed for new types of national reserve goods; or when existing standards need to be revised due to changes in storage technology or requirements, the head of the ministry or agency managing national reserve goods shall establish and decide on quality criteria and temporary storage requirements after obtaining written agreement from the Ministry of Finance. Within one year from the introduction of new types of national reserve goods or changes in storage technology or requirements, the ministry or agency managing national reserve goods must complete the development of national technical standards and submit them to the Ministry of Finance for issuance.

2. The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies managing national reserve goods to develop and issue economic-technical norms for national reserve goods (including warehousing entry costs, exit costs, storage costs, and allowable losses).

Ministries and agencies managing national reserve goods shall prepare economic-technical norms within their jurisdiction, submit them to the Ministry of Finance for review and issuance.

Economic-technical norms for national reserve goods serve as the basis for planning, budget preparation, and signing contracts for the storage of national reserve goods.

Based on approved norms, ministries and agencies managing national reserve goods shall implement the norms strictly, manage and conserve national reserve goods economically."

6. Amending and Supplementing Point b Clause 1, Clause 2, Clause 4 of Article 17:

"b) For national defense and security reserve goods, the Minister of Defense and the Minister of Public Security shall specify specific purchase and sale prices after reaching consensus on pricing principles with the Ministry of Finance.

2. Based on the maximum and minimum prices set by the Minister of Finance, the head of the ministry or agency managing national reserve goods shall determine specific purchase and sale prices in accordance with current regulations, closely reflecting market prices at different times and locations within their jurisdiction; simultaneously reporting to the Minister of Finance. For goods subject to price control by local finance departments, the head of the ministry or agency managing national reserve goods shall seek the opinion of the local finance department before making decisions.

4. Procedures and formalities for developing, reviewing, and determining prices shall comply with current laws on pricing."

Article 2. Implementation clause

1. This Decree takes effect from July 1, 2012.

2. The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to guide the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.