Decree No. 94/2013/ND-CP of August 21, 2013, detailing the implementation of the Law on the National Reserves

 THE GOVERNMENT

Decree No. 94/2013/ND-CP of August 21, 2013, detailing the implementation of the Law on the National Reserves

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

Pursuant to the November 20, 2012 Law on the National Reserves;

At the proposal of the Minister of Finance,

The Government promulgates the Decree detailing the implementation of the Law on the National Reserves.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the State’s policies on national reserves; the list of national reserve commodities and the assigned management of national reserve commodities; the regime of seniority allowance and occupational preference allowance for national reserve workers; the delivery of national reserve commodities upon liquidation, delisting, destruction and handling of national reserve commodities with regard to commodity quantities greater than those in accounting books after practical inventory.

Article 2. Subjects of application

Agencies, organizations and individuals involved in the formation, management organization, administration and use of national reserves.

Chapter II

THE STATE’S POLICIES ON THE NATIONAL RESERVES

Article 3. Policies on mobilization of resources for the national reserves

1. The State encourages and acknowledges in writing the voluntary contribution of property by organizations and individuals for use for national reserves.

Heads of national reserve commodity-managing ministries or sectors shall, when receiving property voluntarily contributed for use for national reserves, manage the use thereof for proper purposes, and propose the Minister of Finance to grant property contribution certificates to organizations and individuals.

2. In case of emergency, urgency, combat, prevention and remedy of consequences of national disasters, catastrophes, fires or epidemics at risk of wide spread, or serving national defense and security, which needs to be dealt with immediately, the Minister of Finance, the Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health and the Minister of Industry and Trade shall mobilize property, commodities, supplies and equipment of organizations and individuals for national reserves in accordance with the law on compulsory purchase and requisition of property.

3. Competent persons defined in Clause 2 of this Article shall decide on the mobilization and manage the proper, thrifty and efficient use, and make payment and compensation for the damage of property, commodities, supplies and equipment mobilized for national reserves to organizations and individuals in accordance with the law on compulsory purchase and requisition of property.

Article 4. Policies on encouragement of organizations and individuals to invest in physical foundations for national reserves

1. The State encourages and acknowledges in writing organizations’ and individuals’ voluntary investment in the construction of physical foundations for national reserves.

Heads of national reserve commodity-managing ministries or sectors shall manage the use of warehouses built with voluntary investment by organizations or individuals under the master plan on national reserve warehouse networks for lease for national reserves or for hired preservation of national reserve commodities, for proper purposes; and concurrently propose the Minister of Finance to grant certificates to organizations and individuals that have voluntarily invested in the construction of these physical foundations.

2. Organizations and individuals investing in the construction of warehouses under the master plan on national reserve warehouse networks to undertake the hired preservation of national reserve commodities will be supported and guided in national reserve commodity preservation technologies by national reserve commodity-managing ministries or sectors.