Tiếng Việt- 1 Ordinance No. 2-L/CTN of February 26, 1998, in order to build a contingent of public employees who are possessed of good moral qualities, professional qualifications and capabilities, devotedly serve the people and are loyal to the fatherland of the Socialist Republic of Vietnam
- 2 Law No. 35-L/CTN of June 23, 1994, The Labor Code of The Socialist Republic of Vietnam.
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 02/1998/PL-UBTVQH10 | Hanoi, February 26,1998 |
ON THRIFT PRACTICE AND WASTEFULNESS COMBAT
Thrift practice is a national policy. In order to effectively manage and utilize various resources, practice thrift and combat wastefulness in production and consumption, ensure socio-economic development and accelerate the national industrialization and modernization;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly at its second session on the 1998 law- and ordinance-making program;
This Ordinance provides for the thrift practice and wastefulness combat in the management and use of State budget allocations, State capital and property and the mobilization of the people to practice thrift in production and consumption.
Every citizen has the obligation to practice thrift in production and consumption so as to save capital for development investment and carry out the national industrialization and modernization.
Article 2.- In this Ordinance the following terms and expressions are construed as follows:
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2. Wastefulness means the use of financial, labor and other resources in excess of the quotas, norms and regimes prescribed by competent State agencies or such resources are fully used according to the prescribed quotas, norms and regimes but a poorer quality is obtained or the set objectives are not attained.
3. State budget funding includes amounts of money allocated from the State budget for the tasks and objectives set forth in the State budget estimate already approved by competent State agencies.
4. State capital and property include capital and funding allocated from the State budget; capital derived from the State budget; property formed from the source of State budget capital; State credit capital, foreign aid, contributions from the people; land, houses and other architectural works under the State ownership; natural resources; and donations from organizations and individuals inside and outside the country.
5. Illicit fund is a fund set up at variance with the State regulations by an organization or several individuals for their own purpose in order to shirk the inspection and supervision by competent State agencies.
6. Organizations include State agencies, non-business units, units of the armed forces, political organizations, socio-political organizations, social organizations, socio-professional organizations, State enterprises and other economic organizations.
The heads of organizations assigned to manage and use State capital and property shall have to apply measures to practice thrift, combat wastefulness and be accountable for acts of wastefulness within the scope of their respective managerial functions.
Individuals who cause waste of State capital or property shall, depending on the nature and seriousness of the violation, be administratively sanctioned or examined for penal liability, and pay compensation for any damage caused thereby in accordance with the provisions of law.
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2. The ministries, the ministerial-level agencies, the agencies attached to the Government, the People's Councils and People's Committees at various levels, the Vietnam Fatherland Front and its member organizations shall, within the scope of their respective functions, tasks and powers, have to organize, guide and mobilize the people to practice thrift, combat wastefulness in production and consumption, in cultural activities, traditional festivals, weddings, funerals and other activities.
3. The information and press agencies shall have to propagate examples of good people and good deeds in the thrift practice and wastefulness combat; combat and criticize acts of wastefulness in production and consumption in accordance with the provisions of law.
SPECIFIC PROVISIONS ON THRIFT PRACTICE AND WASTFULNESS COMBAT
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The recruitment of laborers in excess of the payroll and the payment of wages in excess of the wage fund assigned by competent State agencies are strictly forbidden.
2. The recruitment of laborers under long-term contracts by organizations must comply with the regulations of competent State agencies and such recruitment must not result in the payment of wages in excess of the total wage fund assigned.
3. Any decisions on labor recruitment, skill upgrading, professional grade transfer or raising wage payments at variance with the regulations shall be canceled and if damage is caused by the persons who make such decisions they shall have to compensate therefor.
2. The heads of organizations shall have to pay salaries and wages to laborers as prescribed by law. Any individuals that violate the regulations on the working time and labor disciplines shall be handled in accordance with the provisions of the Labor Code and the Ordinance on Public Employees.
2. Equipment, facilities and other property procured with State budget funding must be home-made products, except for cases where the home-made products, though being of the same quality as foreign-made ones, have higher prices, or though having the same prices but their quality is poorer than that of foreign made products.
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The Government shall specify the handling of cases where means of transport are used in excess of the prescribed quotas, at variance with the prescribed criteria, regime and types applicable to transport means procured before the effective date of this Ordinance.
2. Information and communication facilities in offices shall be used only for public duties; if for personal purposes, users shall have to pay charges. People who use their organizations' information and communication equipment in their private houses in excess of the prescribed norms, criteria and regime shall have to pay the excessive charges.
Any persons who decide regular expenditures at variance with the prescribed norms, criteria and regime or the already approved cost estimate shall be handled in accordance with the provisions of law.
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2. The expenses for organizing conferences must comply with the norms, criteria and regime prescribed by competent State agencies and the approved cost estimates.
3. Expenses for conferences included in the annual cost estimates of organizations funded by the State budget, which have not been used up as a result of the adoption of effective thrift practicing measures, shall be allocated for other tasks as stipulated by the Government.
2. The organization of anniversaries and festivals by organizations or localities shall comply with the norms, criteria and regime prescribed by competent State agencies.
3. The use of public funds for commending and rewarding organizations and/or individuals shall comply with the Government's stipulations; any person who decides any amount in excess of the prescribed norms, criteria and regime shall be handled in accordance with the provisions of law.
All organizations and individuals are strictly forbidden to use public funds for expenditures outside the prescribed regime.
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Article 18.- The setting up of illicit funds is strictly forbidden.
All illegal funds shall be recovered and remitted into the State budget; any person who decides to set up an illicit fund or who uses such fund shall be handled in accordance with the provisions of law.
SECTION 2. TO PRACTICE THRIFT AND COMBAT WASTEFULNESS IN INVESTMENT AND CONSTRUCTION
All projects shall be approved only when they are included in the general planning ratified by competent levels.
All investment decisions must be made on the basis that the projects have been formulated according to the regulations on investment and construction management and suited to the financial capabilities in each period.
All decisions to invest in projects that are outside the approved general planning, formulated and evaluated at variance with the prescribed procedures shall be suspended. Any person who makes a wrong investment decision shall be handled in accordance with the provisions of law.
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2. The project construction bidding must comply with the bidding regulations.
3. Any persons who are competent to approve total cost estimates or bidding results but violate the provisions in Clause 1 and Clause 2 of this Article shall be handled in accordance with the provisions of law.
A project constructor who prolongs the construction time, constructs the project at variance with the technical design or use raw materials, fuel and materials of the wrong quality and technical standards, thus reducing the project quality and causing waste shall be handled in accordance with the provisions of law.
Any competent persons who grant or lend capital in excess of the cost estimate or the bid winning price shall be handled in accordance with the provisions of law, except for special cases to be stipulated by the Government.
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Any land which is assigned or leased ultra vires, for a wrong use purpose or in excess of the prescribed norms, criteria and regime shall be recovered; any persons who violate the regulations on land assignment or lease shall be handled in accordance with the provisions of law.
The assignment of working offices, public service houses and other architectural works to organizations and/or individuals for use must comply with the norms, criteria and regime prescribed by competent State agencies.
Any violation of the regulations on the natural resource prospection, exploitation and utilization, causing waste and damage to natural resources and destroying the environment shall be handled according to law.
1. State enterprises shall have to abide by the Government's stipulations on financial management.
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Any competent persons who approve or effect payments at variance with the wage regime shall be handled according to law.
All illicit funds shall be recovered and remitted into the State budget. Any persons who decide to set up illicit funds shall be handled according to law.
TASKS AND POWERS OF STATE AGENCIES AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
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1. Directing the ministries, the ministerial-level agencies, the agencies attached to the Government, and the People's Committees of the provinces and cities directly under the Central Government to thoroughly practice thrift and combat wastefulness in accordance with the provisions of this Ordinance and other provisions of law;
2. Elaborating, issuing, amending or supplementing the economic-technical norms, the norms, criteria and regime on the use of State budget funding, State capital and property suitable to the socio-economic conditions in each period;
3. Directing and organizing the inspection and supervision of the thrift practice and wastefulness combat.
1. Elaborating, issuing, amending, supplementing or submitting to the Government for issuance, amendment or supplement the financial norms, criteria and regime on the management and use of State budget funding, State capital and property; issuing regulations and procedures for the control of expenditures; and prescribing the regime of public financial reports and the process of managing and using public property;
2. Organizing the inspection and supervision of the State budget allocation and spending, the management, allocation and use of public property, the disbursement of capital for investment and construction, the management and use of State capital and property at enterprises;
3. Elaborating and submitting to the Government for issuance the plan and program on the organization and implementation of thrift practice and wastefulness combat; observing the regime on periodical reports on the situation of thrift practice and wastefulness combat in the management and use of State budget funding as well as State capital and property.
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1. Directing the units under their management to organize and carry out the thrift practice and wastefulness combat;
2. Screening the system of economic-technical norms under their management; coordinating with the Ministry of Finance in issuing, amending, supplementing or submitting to the Government for issuance, amendment or supplement the norms, criteria and regime for uniform application nationwide;
3. Organizing the inspection and supervision of thrift practice and wastefulness combat in the units under their management.
1. Issuing, amending and/or supplementing the regulations on the regime of public employees' responsibilities for thrift practice and wastefulness combat;
2. Coordinating with the Ministry of Finance in elaborating and submitting to the Government for issuance, amendment and/or supplement the regulations on the use of facilities and public service houses by public employees;
3. Inspecting the implementation of public employee payrolls and wage funds allocated from the State budget.
1. Deciding the local budget estimates and allocations according to the norms, criteria and regime prescribed by competent State agencies, ensuring thrift practice and wastefulness combat;
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3. Supervising the implementation of the provisions of the Ordinance on Thrift Practice and Wastefulness Combat in the localities;
4. Making budget allocations to budget-drafting units at the immediate lower level in a transparent manner; supervising the implementation of fiscal transparency in the management and use of State budget funding, State capital and property in the localities;
5. Coordinating with the political organizations, the Vietnam Fatherland Front and its member organizations in supervising the thrift practice, wastefulness combat and fiscal transparency in the localities.
1. Organizing the implementation of the Ordinance on Thrift Practice and Wastefulness Combat in the localities;
2. Organizing the implementation of the regulations on the budget management, the investment and construction management and the public property management; inspecting the use of capital and property at State enterprises according to the regulations on management assignment;
3. Applying fiscal transparency in the management and use of State budget funding, State capital and property in the localities;
4. Periodically examining, evaluating and reporting on the situation of the implementation of the Ordinance on Thrift Practice and Wastefulness Combat in the localities.
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2. Complying with the regulations on the management and use of State capital and property as prescribed by law;
3. Making public all expenditures;
4. Making plans and taking measures to organize the thrift practice and wastefulness combat; promptly overcome and handle cases of wastefulness; periodically reporting the results to the concerned higher-level managing agencies.
Article 45.- State enterprises shall have the following responsibilities:
1. Complying with the economic-technical norms, criteria and regime prescribed by competent State agencies;
2. Elaborating and observing the specific norms and criteria on the use of capital, saving of supplies, raw materials, fuel, materials and managerial expenses at enterprises;
3. Implementing the enterprises' reporting and fiscal transparency regimes, publicize the systems of norms, criteria and regime on financial expenditures, expenditures on the procurement of office equipment and cars; facilitating the supervision and inspection by competent State agencies and their laborers of the thrift practice and wastefulness combat;
4. Making plans and adopting measures to practice thrift and combat wastefulness; organizing the inspection of the thrift practice and wastefulness combat within their attached units; handling cases of wastefulness in enterprises; periodically reporting the results to the concerned higher-level managing agencies.
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2. Supervising the thrift practice and wastefulness combat at State capital and property-using organizations and supervising the handling of acts of wastefulness;
3. Encouraging all organizations and individuals to actively practice thrift and combat wastefulness.
COMMENDATION AND HANDLING OF VIOLATIONS
The money saved from regular expenditures of State budget-funded organizations shall be spent for other purposes as prescribed by the Law on the State Budget.
The Government shall specify the spending quotas and material incentives for cases of saving State budget funding.
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Article 51.- This Ordinance takes effect form May 1st, 1998.
All earlier provisions which are contrary to this Ordinance are hereby annulled.
Article 52.- The Government shall detail and guide the implementation of this Ordinance.
THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh
- 1 Decision No. 25/2006/QD-TTg of the Prime Minister of Government, promulgating the Government''s program of action on thrift practice and waste combat
- 2 Decree No. 38/1998/ND-CP of June 09, 1998, detailing the implementation of the ordinance on thrift practice and wastefulness combat
- 3 Ordinance No. 2-L/CTN of February 26, 1998, in order to build a contingent of public employees who are possessed of good moral qualities, professional qualifications and capabilities, devotedly serve the people and are loyal to the fatherland of the Socialist Republic of Vietnam
- 4 Law No. 35-L/CTN of June 23, 1994, The Labor Code of The Socialist Republic of Vietnam.
- 5 1992 Constitution of the Socialist Republic of Vietnam