Decree 94/2013/nd-Cp: Detailing The National Reserve Law Enforcement

Original Language Title: Nghị định 94/2013/NĐ-CP: Quy định chi tiết thi hành Luật Dự trữ quốc gia

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The DECREE detailing national reserve Law enforcement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;

National reserve Law base on November 20, 2012;

According to the recommendation of the Minister of finance;

The Government issued a decree detailing the national reserve Law enforcement, chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates in detail the policy of the State on the national reserve; Directory of national inventories and assigned management of the national reserve; extra mode level of seniority and career incentives for those who do the work of the national reserve; production of national reserve when liquidated, dropped from the index of the row to the national reserve, destruction and processing of national inventories with regard to the number of items when inventory is greater than the actual accounting books.

Article 2. The object to apply the Agency, organization or individuals related to the formation, organization, management, and use of the national reserves.

Chapter II the POLICY of the STATE on the NATIONAL RESERVE article 3. The policy of mobilizing resources for national reserve 1. The State encouraged at the same time acknowledging in writing the institutions, voluntary personal contributions of assets to use for national reserve.

Prime Minister, management sector national reserve when receiving voluntary property contributions to use for national reserve is responsible for the correct use of management goals and recommendations to Minister of finance certification contribute assets to organizations and individuals.

2. in the circumstances, urgency, prevention, disaster recovery, disaster, fire, disease spread risk widely, serving defense, security needs to be addressed immediately to the Minister of finance, Minister of national defence, Minister of public security, the Minister of transportation Minister of agriculture and rural development, Minister of health, Minister of industry and commerce to mobilize assets, goods, materials, equipment of institutions and individuals for the national reserve in accordance with the law on referendums, purchase requisition property.

3. the competent person specified in clause 2 of this decision, the management use proper purpose, saving, effectively; payment, compensation for property, goods, materials, equipment, national reserve service to organizations and individuals, in accordance with the law on referendums, purchase requisition property.

Article 4. The policy encourages organizations and individuals to invest in the construction of infrastructure for the national reserve 1. The State encouraged at the same time acknowledging in writing the institutions, voluntary individual investment in the construction of infrastructure for the national reserve.

The heads of the Ministry of industry, national reserve administration is responsible for managing the use by organizations and individuals voluntarily invested to build inventory in the planning network of national stockpiles to national reserve for rent or rent to preserve national reserve items for your purposes; at the same time suggested the Finance Minister issued a certificate for the Organization, the individual has voluntarily invested to build the facilities.

2. organizations, personal construction network planning in warehouse stockpiles of countries to receive rent preserve national reserve goods be ministries of national reserves management support, directions on preservation technology of the national inventories.

Article 5. The State's policy with regard to organizations, individual investment in research and development of science-technology, application of information technology on the national reserve 1. The State encouraged at the same time acknowledging in writing the organizations and individuals providing technical solutions, application technology, free information technology management and maintenance of national inventories.

2. The Heads of ministries national reserve administration is responsible for managing the use of technical solutions, application technology, free information technology management and maintenance of national inventories held, individual offers for your purposes; at the same time suggested the Finance Minister issued a certificate for the Organization, that individual.

Article 6. The State's incentive policy for the organizations and individuals devoted to the scientific research achievements applying effective in national reserve 1. The State encouraged at the same time acknowledging in writing the Organization, voluntary personal contributions to the invention, the patent application is effective in the management and maintenance of national inventories.

Prime Minister, management sector national reserve when receiving the patent, invention is responsible for managing the use of true purpose and recommend to the Minister of finance certification, invention patent contributions to organizations and individuals.

2. organizations and individuals registered scientific research, applied and innovation technology equipment with the Ministry of industry, management of the national reserve, the governing body of the national reserve are dedicated to solving the fundamental problems and of the management and maintenance of national inventories.

Chapter III LISTING DETAILS EVERY NATIONAL RESERVE and ASSIGNED to the GOVERNING BODY article 7. Listing details of national inventories, assigned to the Agency management of the national reserve 1. Listing details national reserve goods catalogue in the national reserve and assigned to the Ministry, the management set forth in the appendix attached to this Decree.

2. in case of need additional tuning listing details of the national provisions, the Ministry of finance, in collaboration with the relevant industry, the Government decided to adjust additional listing details of national inventories.

Article 8. Make a detailed list of national inventories, national reserve 1. Each year, along with the building of economic development planning, budgeting and social State, the Ministry of finance, in cooperation with the Ministry of industry, management of your national reserve, balance, sum the Government decided the list item details for delivery to the national reserve for the industry, implemented in the plan.

2. In case of a need to adjust the directory of national reserves as defined in clause 2 article 27 national reserve Law, Ministry of finance, in collaboration with the relevant departments, the Government of the Standing Committee of the National Assembly to review the decision.

Chapter IV mode, the POLICY for the PEOPLE DOING the WORK of NATIONAL RESERVE article 9. The conditions, time and computer time not counted seniority allowance 1. This condition is calculated allowance seniority as follows: a) Public servants, have time management agency working in national reserve are dedicated enough 5 years (60 months) then the calculated allowance seniority;

b) military personnel, of public security of the people had the time to do the work of sufficient national reserves of 5 years (60 months) then the calculated allowance seniority.

2. allowance calculation time seniority a) time worked at a management agency dedicated national reserve, a national reserve in the Department of Defense, the Ministry of public security;

b) time allowance seniority in other trades are carried with the time defined in point a of this Clause to calculate seniority allowance includes: serving time in the army, the police are entitled to allowance for seniority, working time is classified under one of the categories of wage or title of the customs specialist , body, the Court, the Prosecutor, auditing, inspection, civil enforcement, Ranger, check teacher and the Party (if any);

c) time to go military service by law that before military service is counted seniority allowance.

3. time does not count a seniority allowance) or the time duration of work contracts;

b) vacation time paid no own work continuously from 7 months or more;

c) time off sick, maternity beyond the time limit prescribed by the law on social insurance;

DD) time is temporarily suspended the work of custody or detention, to cater for the work of the investigation, prosecution, trial.

Article 10. Seniority allowance level 1. Who do the work of the national reserve in accordance with paragraph 1 article 9 of this Decree, the working time is counted seniority allowance prescribed in item 2 article 9 of this Decree, enough for 5 years (60 months) shall be entitled to seniority allowance equal to 5% of salary we enjoy plus leadership stipend and allowance beyond seniority (if any); from the sixth year onwards for every year (full 12 months) added 1%.

2. seniority allowance is calculated monthly wage and the same period, the pay used to calculate close, social insurance, health insurance, unemployment insurance.

Article 11. Eligibility career incentive allowance 1. Direct national reserve duty in the national reserve unit directly under the national reserve agency dedicated to.

2. direct the person to do the work of national reserve in the national reserve units affiliated to the Defense Ministry, the Ministry of public security.

Article 12. Vocational incentive allowance level 1. Incentive allowance levels are defined as follows: a) the levels of incentive allowance by 25% applicable to civil servants in the professional ranks to the national reserve;

b) preferential allowance Rates by 15% applicable to civil servants in the direct turnover on duty in the State reserve Bureau, Office of the State reserve areas in the national reserve agency dedicated to; direct people to do the work of national reserve in the national reserve units affiliated to the Defense Ministry, the Ministry of public security.

2. The vocational incentive allowances stipulated in this is calculated according to salary scales currently enjoy plus allowance, allowance for leadership beyond seniority (if any) and is paid a monthly wage and not the same period used to calculate close, social insurance, health insurance , unemployment insurance.

Article 13. The principle applies, the funds make extra mode level of seniority allowance, vocational incentives industry national reserve 1. Who do the work of the national reserve in accordance with paragraph 1 article 9 and article 11 of this decree if you are enjoy many of the same types of allowance shall only be entitled to a stipend have the highest allowance.


2. Funding source to pay extra mode level of seniority allowance, vocational incentives industry national reserve made under the provisions of the law on the State budget and the relevant legal texts.

Chapter V EXPORT PROCESSING, DROPPED FROM The INDEX Of The ROW To The NATIONAL RESERVE, DESTRUCTION And PROCESSING Of NATIONAL INVENTORIES, EXCESS DEFICIENCY; EXTRACT of REWARD REDUCED SHRINKAGE COMPARED to NORMS in ORDER to PRESERVE NATIONAL RESERVE article 14. Liquidation of inventories countries 1. The row of damaged national reserve, reduced quality compared to the current technical regulation but still worth using and are allowed to circulate on the market to be liquidated in the following cases: a) the row of damaged national reserve has recycled machining, repair or deems the recycling work repair, not effective, no quality assurance according to national technical regulation;

b national reserve) most of the value used in the correct features of goods but can convert to other uses.

2. The Heads of ministries national reserve Administration decided to liquidate inventories under the provisions of national law. Methods, sequence, procedure, liquidation organization national inventories under the provisions of the law on management and use of State property.

3. The proceeds from the liquidation of the national inventories, after deducting reasonable costs of service for liquidated under the provisions of the law are filed on the State budget.

Article 15. Exports excluded goods details list national reserve 1. National inventories do not list every detail of the national reserve provided for in this Decree, the Prime Minister, management sector national reserve the Prime Minister decided to export out of the sale listing details of national inventories; production method of sale in accordance with the law of the national reserve.

Every national reserve defense, security service export dropped from the index is only used for the purpose of Defense and security.

2. The proceeds from the export sales to the national reserve in paragraph 1 of this article are filed on the State budget.

Article 16. Destruction of national provisions 1. Every country reserves too early-term of use-reduction qualities are no longer used are and are not allowed to circulate on the market are destroyed.

2. national reserve Goods destroyed under the provisions of the law on the protection of the environment and the other rules of law.

3. The Heads of the Ministry of industry, management of the national reserve, the Prime Minister decided to destroy every national reserve.

4. Funding the destruction of national reserve goods due to the State budget guarantees.

Article 17. The handle of the row dents national reserve 1. Every national reserve in the process preserving equal to or below the level of attrition rate regulation, the Ministry of industry, management of the national reserve, national reserve agency dedicated to national reserve capital reduction and report to the Ministry of Finance according to the regulations.

2. national provisions beyond the level of attrition in the process of preserving the national reserve unit based on the minutes of testing; thereon determine shrinkage or the minutes confirmed the goods are damaged, reducing the quality of the standards, Vietnam national technical regulation of national inventories; minutes of national reserve goods lost due to processing Council national reserve assets of the national reserve units, each level review, clearly identify the cause of shrinkage, spoilage, damage and processed according to the following rules: a) dents national reserve Goods beyond the norm by the subjective cause organizations individuals must claim full damages for the attrition can exceed the norm; reviews of compensation by the unit heads national reserve management decisions based on the market value of the goods or goods of the same type at the time of processing the compensation;

b national reserve) dents beyond the norm due to objective reasons, the implementation process, reduce the capital reserves according to the hierarchical authority in paragraph 3 of this article.

3. The Authority decided to handle row dents national reserve beyond the norm, damaged, or lost shall be as follows: a) the heads of the Ministry of industry, management of the national reserve, heads national reserve agency dedicated to be decided for the capital reduction of national reserve handle once worth damage of 300 million computer accounting rates on the accounting books and take responsibility for their decision, and to report to the Minister of finance;

b) heads the Ministry of industry, management of the national reserve, heads national reserve dedicated to the report to the Minister of finance review, decided to reduce the working capital for the national reserve handle once worth of damage from 300 million to under a billion calculated according to the price on the accounting ledger;

c) the prime consideration, decided to reduce the working capital for the national reserve handle once worth of damage from a billion or more measured on the accounting ledger.

Article 18. National reserve goods handling excess surplus 1. Every national reserve has a number of actual inventory is larger than the ledger must be added to increase the number of national inventories.

2. The Heads of the Ministry of industry, management of the national reserve, heads national reserve unit decided to enter increase the number of national inventories and reporting national reserve agency dedicated to the synthesis report of the Ministry of finance.

Article 19. Extract of reward reduced shrinkage compared with norm 1. In the process of preserving national reserve merchandise, reduced attrition rate cases compared with norms, national reserve unit was awarded the corresponding to 50% of the value of the row dents below the norm.

2. Funding source extract of reward according to Paragraph 1 of this article are guaranteed from the budget estimation for the management of the national reserve to extract benefit funds, reward Fund and additional income for public servants.

3. The Heads of the Ministry of industry, management of the national reserve, heads national reserve agency dedicated to reviewing, approving the bonus deductions due to make preserving attrition under the quota regulations of the subdivisions, with the approval of the report year.

4. national reserve unit made the estimate, settlement funds from the extract reduced shrinkage compared to the norm.

Chapter VI PROVISIONS Enacted 20. Effect 1. The Decree has effect as from October 10, 2013.

2. This Decree replaces the Decree 196/2004/ND-CP on December 2nd, 2004 detailing the implementation of the national reserves Ordinance and Decree No. 43/2012/NĐ-CP on May 17, 2012 the Government's additional amendment of some articles of Decree No. 196/2004/ND-CP on December 2nd, 2004 detailing the implementation of the Ordinance of the national reserve. Annuls decision No 77/2008/QD-TTg dated 10 June 2008 by the Prime Minister on regime of incentives under the national reserve career.

Article 21. The responsibility to guide implementation 1. The Ministry of finance, in cooperation with The relevant agencies, guiding the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.