Decree 04/2019/ND-CP stipulating standards and norms for car use

DECREE

PROVISIONS ON STANDARDS AND NORMS FOR USE OF CARS

Pursuant to Law on Organization of the Government dated June 19, 2015;

Pursuant to Law on Management and Use of Public Property dated June 21, 2017

At the request of the Minister of Finance;

The Government issued a Decree on standards and norms for use of cars.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for standards and norms for use of motor vehicles (hereinafter referred to as “cars”); provision of fixed funding for use or hire of cars; rearrangement and disposal of cars, including:

a) Cars serving business affairs of position holders;

b) Cars serving general affairs;

c) Specialized cars;

d) Cars serving state reception;

2. Standards and norms for use of cars at the people's armed forces under the Ministry of Defense, the Ministry of Public Security as well as standards and norms for use of cars of state agencies of overseas Vietnamese missions in accordance with the separate regulations of the Government. Other specialized cars in service of particular tasks at the people's armed forces under the Ministry of Defense, the Ministry of Public Security specified in Clause 7, Article 17 of this Decree shall comply with the provisions of Clause 3, Article 18 of this Decree.

3. Cars in service of business operation of State-owned enterprises shall comply with the provisions of the law on management and use of state capital invested in enterprise and relevant laws.

Article 2. Regulated entities

1. Regulatory authorities, the Communist Party of Vietnam, socio-political organizations funded by the state budget, public service providers, management boards of state-funded projects (hereinafter referred to as authorities, organizations and units).

2. The state-owned enterprises, authorities and organizations funded by the state budget, including affiliated enterprises fully owned by parent enterprises (hereinafter referred to as state-owned enterprises).

3. Other relevant organizations and individuals.

Article 3. Principles of applying standards and norms as well as replacement of cars for affairs

1. Standards and norms for use of cars serving business affairs specified in this Decree are used as a basis for planning and budget estimates; assigning, purchasing, arranging and provision of fixed funding for use or hire of cars as well as management, use and disposal of cars.

2. In case one person holds many positions with standard for use of cars, he/she will be entitled to the most favourable privilege. When the predecessor retires, resigns or is reassigned but his/her car does not meet conditions for replacement or liquidation, the successor shall continue to use without replacement.

3. Cars serving business affairs of position holders as specified in Articles 4 and 5 of this Decree shall be replaced in accordance with their business affairs; cars serving state reception shall be replaced as specified in Article 20 of this Decree. The disposal of used cars after replacement shall be carried out in accordance with the Law on Management and Use of Public Property, documents detailing the implementation of the Law.

4. Cars not specified in Articles 4 and 5 of this Decree will be liquidated if:

a) Its service life has expired in accordance with the law on management and depreciation of fixed assets;

b) The car mileage has exceeded 200,000 km for cars of authorities, organizations, units and state-owned enterprises located in upland areas, islands and extremely disadvantaged areas according to the regulations of the Government and the Prime Minister or 250,000 km for cars of authorities, organizations, units, state-owned enterprises located in the remaining areas; or

c) The conditions specified in Points a and b of this Clause are not fully satisfied but the car's damage is beyond repair or the repair is ineffective (the repair cost estimate is 30% higher than the original price).

5. The car price serving as a basis for determining standards and norms in case of delivery or transfer of used cars is the remaining value on accounting book or the reassessed value according to the regulations of laws (for cars that have not been tracked on the accounting books or in case of re-evaluation in accordance with laws). In case of necessity, the Prime Minister shall consider and decide on the assignment and transfer of used cars with the remaining value or the reassessed value higher than the price of new car specified in this Decree at the request of the relevant Minister, Head of the central government authority and Chairman of the People’s Committee of province as well as the Ministry of Finance's opinions.

6. The payroll serving as a basis for determining standards and norms for use of cars serving general affairs is the payrolls approved by the competent authority or the number of public employees decided by the competent authority according to regulations of the laws at the time of determining standards and norms for use of cars.

Chapter II

STANDARDS AND NORMS FOR USE OF CARS

Section 1. CARS SERVING BUSINESS AFFAIRS OF POSITION HOLDERS

Article 4. The position that give its holder the entitlement to regularly use a car, even if he/she no longer holds such position without provisions on prices

1. General Secretary of the Central Committee of the Communist Party of Vietnam

2. President.

3. Prime Minister.

4. Chairman of National Assembly.

Article 5. The positions that give its holders the entitlement to regularly use a car during the working time

1. Member of the Politburo, Secretary of the Party Central Committee, Vice President, Deputy Prime Minister, Vice Chairman of the National Assembly, Chairman of the Central Committee of Vietnamese Fatherland Front, Chairman of the Central Inspection Committee, Chief Justice of the Supreme People's Court, Chairman of the People’s Supreme Procuracy, Secretary of the Hanoi Party Committee, Secretary of the HCM City Party Committee, equivalent position holders and position holders with starting salary coefficient of 10.4 or more.

2. According to the time of purchasing cars, the Prime Minister shall decide on the car types and prices for the position holders specified in Clause 1 of this Article at the request of the Minister of Finance on the basis of the proposals of the relevant Minister, Head of the central government authority and Chairman of the People's Committee of province.

Article 6. The positions that enable its holders to regularly use a car with the maximum purchase price of VND1.100 million per car during the working time

1. Head of the Central Party, Member of the Party Central Committee, Member of the Standing Committee of the National Assembly, Chairman of the National Council of the National Assembly, Chairman of the Committees of the National Assembly, State Auditor General, Ministers, Heads of the ministerial authorities, Vice Chairman cum General Secretary of the Central Committee of the Vietnamese Fatherland Front, Heads of the central unions, equivalent position holders and position holders with starting salary coefficient of 9.7 or more.

2. Provincial Communist Party Secretary, Communist Party Committees of central-affiliated cities and provinces, except for Hanoi and Ho Chi Minh Cities.

3. The following position holders of Hanoi and Ho Chi Minh Cities are: Deputy Secretary of the City Party Committee, Chairman of the People's Council, Chairman of the People's Committee and Head of the full-time National Assembly delegation.

Article 7. The positions that give its holders the entitlement to use a car to commute and make a business trip with the maximum purchase price of VND920.000 million per car

1. Position holders who are entitled to use such cars:

a) Deputy Head of the Party Central Committee, Vice Chairman of the National Council of the National Assembly, Deputy Chairman of the National Assembly Committee, Deputy Chief Justice of the Supreme People's Court, Deputy Director of the People’s Supreme Procuracy, Deputy State Auditor General; Heads of Governmental Authorities, Deputy Ministers, Vice Chairmen of the Central Committee of the Vietnam Fatherland Front, Deputy Central Organizations, the Standing Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union, Director General and leadership positions with leadership allowance coefficient of 1.25 or more;

b) Deputy Secretary of the Provincial Party Committee, City Party Committee, Chairman of the People's Council, Chairman of the People's Committee, Head of the Full-time National Assembly Delegation of the central-affiliated cities and provinces, except for Hanoi and Ho Chi Minh Cities;

c) The following positions of Hanoi and Ho Chi Minh Cities: Member of the Standing Committee of the Party Committee, Vice Chairman of the People's Council, Vice Chairman of the People's Committee, Deputy Head of the Full-time National Assembly Delegation, Chairman of the Fatherland Front Committee;

d) Chairman of the Members' Council, General Directors of groups and corporations established by decision of the Prime Minister (hereinafter referred to as Business corporations).

2. In case the position holders specified in the Clause 1 of this Article are willing to receive a fixed funding for use of cars, Ministers, Heads of the Central Government Authorities, Standing Committee of the Provincial Committee of the Communist Party, Provincial Committee of the Communist Party, People's Committee of Province, Board of Members of Business corporations shall consider the fixed payment and the number of cars in order to ensure the effectiveness and cost saving between the number of cars and the provision of fixed funding for use or hire of cars based on the actual situation of authorities, organizations, units, corporations, the plan of provision of fixed funding for use or hire of cars and the number of position holders willing to pay at a fixed rate for use of cars. The provision of fixed funding for use of cars shall comply with the provisions of Article 22 of this Decree.

In case all of the positions specified in Clause 1 of this Article of each Ministry, Central Government Authority, General Department, Provincial Committee of the Communist Party, People's Council, People's Committee of Province and Business corporations applying the provision of fixed funding for use of cars for the entire stage, cars serving position holders shall not be provided.

Section 2. CARS SERVING GENERAL AFFAIRS

Article 8. Positions that enable its holders to use cars serving general affairs during a working trip

1. Positions with entitlement to use cars:

a) Positions with the leadership allowance coefficient from 0.7 to under 1.25;

b) Position holders are members of the Members' Council or Deputy General Directors of Business corporations; Directors, Deputy Directors and equivalent position holders at state-owned enterprises.

2. In case position holders not specified in Clause 1 of this Article need cars for business affairs, heads of authorities, organizations, units and state-owned enterprises shall consider and make decision on these cases.

3. Position holders at authorities, organizations, units and state-owned enterprises (hereinafter referred to as units) specified in Clause 1 and the cases specified in Clause 2 of this Article need cars serving general affairs and provision of fixed funding for use or hire of cars. The provision of fixed funding for use or hire of cars shall be in accordance with Article 22 and Article 23 of this Decree.

Article 9. Cars serving general affairs of the Departments and other organizations affiliated to ministries and central government authorities

1. Norms for use of cars serving general affairs of positions that enable its holders to use cars at Departments and equivalent organizations under ministries and central government authorities:

a) Units with personnel of less than 50 employees / 01 unit: 01 car / 02 units at most;

b) Units with personnel of 50 employees or more / 01 unit: 01 car / 01 unit at most;

c) Units with the head offices not located in the same province or city with the head offices of ministries or central government authorities, the provisions of Clause 3 of this Article shall be applied.

2. Ministries and central government authorities assign a regulatory authority or a public service provider or public enterprises to manage cars specified at points a and b, Clause 1 of this Article under the centralized form for arrangement of cars for positions that enable its holders to use cars in case of business trip under the conditions that there are no new cars, no increase in personnel of the ministries and central government authorities.

In case positions that enable its holders to use cars at the units with the head offices not located in the same province or city with head offices of the ministries or central government authorities, the ministers and heads of the central government authorities shall consider the possibility of handing over cars to the units for direct use and management. Cars handing over to the units for direct use and management shall be counted in the total numbers of cars of the units specified in point a, point b, clause 1 of this Article.

3. Norms for use of cars serving generals affairs of Positions that enable its holders to use cars at the ministry-affiliated units or central government authorities organized vertically in the province: 01 car / 1 unit at most. Ministers and Heads of the central government authorities shall consider the decision on the maximum norm for use of 02 cars / 01 unit in the following cases:

a) The units with head offices located in upland areas, islands and areas with disadvantaged socio-economic conditions in accordance with the provisions of the Government and the Prime Minister;

b) The units with the scope of management from 02 provinces and central-affiliated cities or more.

The units specified in this Clause shall be in charge for direct management and use and arrangement of cars for positions that enable its holders to use cars in case of business trip.

4. The units affiliated to departments and other organizations affiliated to Ministries, central government authorities are not provided with cars serving general affairs; if there are positions that enable its holders to use cars, the provision of fixed funding for use or hire of cars in case of business trip shall be applied.

Article 10. Cars serving general affairs of Departments and Boards and other organizations affiliated General Department and equivalent organizations (hereinafter referred to as General Department)

1. Norms for use of cars serving general affairs of positions that enable its holders to use cars at Departments and Boards and other organizations affiliated to General Department:

a) For the units with the personnel of less than 50 employees / 01 unit: 01 car / 03 units at most;

b) For the units with the personnel of from 50 employees or more / 01 unit: 01 car / 02 units at most;

c) For the units with the head offices not located in the same province or city as the General Department's head office: 01 car / 01 unit at most.

2. General Department assigns a state agency or a public service provider or a public enterprise to manage cars specified at points a and b, Clause 1 of this Article in a concentration form to arrange cars for positions that enable its holders to use cars in case of business trip under conditions that there are no new cars and no increase in personnel of General Department.

In case Positions that enable its holders to use cars of the units with head offices not located on the premises of General Department's head offices, General Directors and the Heads of the equivalent organizations shall consider the decision on handing over cars to the units for direct management and use. Cars handing over to the units for direct management and use are included in the total number of cars of the units specified in point a, point b, clause 1 of this Article.

The units specified in point c, Clause 1 of this Article shall be in charge of direct management and use and arrangement for positions that enable its holders to use cars in case of business trip.

3. The units affiliated to Departments and other organizations affiliated to General Departments specified in Clause 1 of this Article are not provided with cars serving general affairs; if positions that enable its holders to use cars work at these units, provision of fixed funding for use or hire of cars in case of business trip shall be applied.

Article 11. Cars serving general affairs of Department and other organizations affiliated to General Departments with sectoral structure in provinces and central-affiliated cities

1. Norms for use of cars serving general affairs of positions that enable its holders to use cars working at Departments and other organizations affiliated to General Departments with sectoral structure in provinces and central-affiliated cities: 01 car / 01 unit.

Ministries and Heads of central government authorities shall consider the decision on norms for use of cars: 02 cars / 01 unit at most if:

a) The units with head offices located in upland areas, islands and extremely disadvantaged areas in accordance with the regulations of Government and Prime Minister;

b) The units with scope management on their provinces from 02 provinces and central-affiliated cities or more.

2. Departments and other organizations affiliated to General Department specified in Clause 1 of this Article shall be in charge of direct management, use and arrangement for positions that enable its holders to use cars in case of business trip.

3. The units affiliated to Department and other organizations affiliated to General Departments specified in Clause 1 of this Article are not provided with cars serving general affairs; in case positions that enable its holders to use cars work at these units, provision of fixed funding for use or hire of cars in case of business trip shall be applied.

Article 12. Cars serving general affairs of authorities, organizations and units of provinces

1. Norms for use of cars serving general affairs:

a) Positions that enable its holders to use cars working at the Offices of central-affiliated provincial committee of the Communist party (collectively referred to as Offices of provincial committee of the Communist party): 02 cars / 01 unit at most; positions that enable its holders to use cars at the remaining central-affiliated authorities, organizations and units: 01 car / 01 unit at most.

In case of consolidating Offices of the Party Committees to serve general affairs of advisory and assisting agencies of the central-affiliated provincial committee of the Communist party, norms for use of cars shall be 6 cars at most;

b) Positions that enable its holders to use cars working at Offices of People's Councils and Offices of People's Committees of provinces: 03 cars / 01 unit at most.

In case of consolidating Office of People's Council, Office of National Assembly Delegation and Office of People's Committee of province into an advisory and assisting agencies serving general affairs, the maximum number of cars: 6

In case of consolidating Office of People's Council and Office of People's Committee of province into an advisory and assisting agencies serving general affairs, norms for use of cars shall be 5 cars at most.

In case of consolidating Office of People's Council and Office of National Assembly Delegation into an advisory and assisting agencies serving general affairs, norms for use of cars shall be 4 cars at most.

c) Positions that enable its holders to use cars working at Departments, Boards, branches and other equivalent organizations of provinces: 01 car / 01 unit.

d) In case authorities, organizations and units specified in a, b and c of this Clause with head offices located in upland areas, islands or extremely disadvantaged areas in accordance with the regulations of Government and Prime Minister need cars, People's Committees of provinces (after receiving consents from the Standing Committees of the provincial committee of the Communist party, the Standing Committees of the People's Councils of provinces) shall consider the decision on the norms for use of cars: 01 car / 01 unit at most.

2. Pursuant to the real situation in the provinces, after receiving opinions from the Standing Committee of the Provincial Party Committee, the Standing Committee of the provincial committee of the Communist party, the Standing committee of the People’s Councils of the same provinces, People's Committee of provinces shall:

a) Assign one regulatory authority or public service provider or public enterprise of car management to provide cars for positions that enable its holders to use cars in case of business trip under the conditions that there is no new car and no increase in personnel of the province;

b) Assign Offices of provincial committee of the Communist party, Offices of People's Councils and Offices of People's Committees of provinces to provide cars for positions that enable its holders to use cars in case of business trip;

c) Assign authorities, organizations and units to directly manage and use cars.

3. The units affiliated to Offices of provincial committee of the Communist party, Offices of People's Councils, Offices of People's Committees of provinces, Departments, Boards, branches and other equivalent organizations are not provided with cars serving general affairs; if position holders work at these units, the provision of fixed funding for use or hire of cars in case of business trip shall be applied.

Article 13. Cars serving general affairs of authorities of district

1. Norms for use of cars serving general affairs:

a) Offices of district party committees;

Offices of People's Councils, Offices of People's Committees of districts: 01 car / 01 unit at most serving general affairs for positions that enable its holders to use cars; in case of consolidating Offices of executive committees and Offices of People's Councils and Offices of People's Committees of district: 03 cars at most for the consolidated Offices; in case of consolidating Offices of People's Council and Office of People's Committee of district: 02 cars at most for the consolidated Offices.

b) In case the units specified in point a of this Clause with head offices located in upland areas, islands or undeveloped socioeconomic conditions according to the regulations of Government and Prime Minister need cars, People's Committees of provinces (after receiving consents from the Standing Committees of the provincial committee of the Communist party, the Standing Committees of the People's Councils of provinces) shall consider the decision on norms for use of cars: 01 car / 01 unit at most.

2. Offices of People’s Committees of districts shall be in charge of centralized car management to arrange cars serving general affairs for positions that enable its holders to use cars in case of business trip.

3. Units of districts not specified in Clause 1 of this Article are not provided with cars serving general affairs; if positions that enable its holders to use cars working at these units, the provision of fixed funding for use or hire cars shall be applied in case of business trip.

Article 14. Cars serving general affairs of state-owned enterprises

1. Norms for use of cars serving general affairs for the position holders specified in point b, clause 1, Article 8 of this Decree in case of business trip:

a) For business corporations: 02 cars at most / 01 corporate;

b) State-owned enterprises not specified in point a, this clause: 01 car / 01 unit at most.

2. State-owned enterprises shall be in charge of car management to arrange cars for positions that enable its holders to use cars in case of business trip according regulations.

Article 15. Cars serving general affairs of project management board

1. Norms for use of cars serving general affairs of the management board of state budget funded projects (hereinafter referred to as project management board):

a) In case positions that enable its holders to use cars serving general affairs working at the management board of state budget funded projects, norms corresponding to the operating models (regulatory authorities, public service providers or state-owned enterprises) specified in this Decree shall be applied; the operating model of the management board of state budget funded projects shall follow establishment decision of the competent authorities;

b) In case project management board not specified in point a of this clause or specified in point a of this clause but positions that enable its holders to use cars holding more than one position in project management board, cars serving general affairs shall not be provided.

2. For cars serving each project, car purchase shall be effective and cost-saving in the forms of delivery, transfer, rent or purchase. Ministries, Heads of central government authorities shall make decision on the purchase of cars serving each project within their managements after receiving consents from Ministry of Finance on the necessity of car purchase including forms, types, quantities and prices; People's Committees of province shall make decision on car purchase for each project within their managements after receiving consents from Standing Committees of People's Councils at the same level on the necessity of car purchase including forms, types, quantities and prices;

3. For ODA projects, concessional loans, commercial loans, non-refundable aids

a) ODA loans, concessional loans, commercial loans shall not be used to purchase cars, except for the car purchase specified in a signed agreement or a project document approved by the competent authority before January 1, 2018.

b) For foreign non-refundable aid projects, car purchase for each project shall follow the regulations of a signed agreement or a project document approved by the competent authority.

During the negotiation of non-refundable aid projects, if the sponsors request for car purchase for the project operation, authorities and units assigned to preside over the collection of opinions of state financial agencies at the same level before submitting to competent authorities for approval in addition to complying with regulations on the procedures for signing, joining and implementing international agreements.

c) In case of using reciprocal capital to purchase cars serving each project, car purchase shall follow the regulations of point 1, clause 1 and clause 2 of this Article.

Article 16. Car prices

1. Cars serving general affairs specified in Article 9, 10, 11, 12, 13, 14 and point a, clause 1, Article 15 of the Decree shall be priced at VND720 million per car at most. 4WD vehicles serving frequent business trips to upland areas, islands or extremely disadvantaged areas in accordance with Government and Prime Minister; or 12-seater to 16-seater cars shall be priced at VND1.100 million per car at most.

2. Car prices specified in clause 1 of this Article include payable taxes in accordance with laws, which are not included registration fees, license plate fees, insurance fees, register fees, road maintenance fees relating to use of cars. In cases cars are exempt from taxes, the amount of exempted taxes shall be included in purchase prices in order to determine standards and norms.

Section 3. SPECIALIZED CARS

Article 17. Specialized cars

1. Specialized vehicles for use in the health sector include ambulances, other cars with special structuresor with equipment specializing in the health sector.

2. Cars with special structures (cars carrying money, cars equipped with laboratories, cranes, etc).

3. Cars equipped with specialized equipment or cars with identification signs according to provisions of the laws (cars with satellite receiver and transmitter, cars with mobile radio and television, traffic inspection cars, funeral service cars, etc).

4. Trucks.

5. Pick-up trucks.

6. Over-16-seat cars.

7. Other specialized cars serving specific tasks.

Article 18. Competence to issue standards and norms for the use of specialized cars

1. For specialized cars used in the health sector specified in Clause 1, Article 17 of this Decree.

a) The Ministry of Health shall provide the detailed guidance on standards and norms for the use of cars specialized in the health sector after receiving the Ministry of Finance’s opinions;

b) Pursuant to the detailed guidance of the Ministry of Health specified in Point a of this Clause, Ministries and the central government authorities shall issue standards and norms (eligible users, types, quantities and prices) for the use of specialized cars used in the health sector to authorities, organizations and units under the scope of local management; the People's Committees of provinces (after receiving the consents of the Standing committee of the People’s Councils of the same provinces) shall issue standards and norms (eligible users, types, quantities and prices) for the use of cars specialized in the health sector to authorities, organizations and units under the scope of local management.

Pursuant to the detailed provisions of the Ministry of Health specified in Point a of this Clause, the public service providers that are self-sufficient for regular expenses and investment expenses, the heads of these providers shall issue standards and norms for the use of specialized cars (eligible users, types, quantities and prices).

2. For specialized cars specified in Clauses 2, 3, 4, 5 and 6, Article 17 of this Decree.

Ministries and central government authorities shall issue standards and norms for the use of specialized cars (eligible users, types, quantities and prices) to authorities, organizations and units under the scope of local management, after receiving written opinions of the Ministry of Finance; The People’s Committees of provinces (after receiving the consents of the Standing committee of Communist Party and the Standing committee of the People's Councils of the same provinces) shall issue standards and norms for the use of specialized cars (eligible users, types, quantities and prices) to authorities, organizations and entities under the scope of local management.

 The heads of financially autonomous public service providers shall issue standards and norms for the use of specialized cars (eligible users, types, quantities and prices).

3. For specialized cars specified in Clause 7, Article 17 of this Decree, in case of necessity, Ministries and central government authorities and People's Committees of provinces (after receiving the consents of the Standing committee of the Communist Party and the Standing committee of the People's Councils of the same provinces) shall report to the Prime Minister for approval on the applicable units, types, quantities and maximum prices before approval.

4. The Decision on standards and norms for the use of specialized cars shall be posted on the websites of Ministries, central government authorities and People's Committees of provinces and shall be sent to the State Treasury for expense control in accordance with the laws.

Section 4. CARS SERVING STATE RECEPTION

Article 19. Standards, norms for use of cars serving state reception

Standards, norms for use of cars serving foreign affairs (hereinafter referred to as cars serving state reception):

a) Cars serving Head of State, Deputy Head of State, Chairman of the National Assembly, the Prime Minister, Secretary-General of the United Nations and Foreign Ambassador submitting National Letter (hereinafter referred to as Group 1): 04 cars at most;

b) Cars serving Deputy Chairman of the National Assembly, Deputy Prime Minister, Minister of Foreign Affairs or equivalent organizations, lady or husband of Head of State, Deputy Head of State, Chairman of the National Assembly and Prime Minister (hereinafter referred to as Group 2): 18 cars at most;

c) Cars serving other ministers, members of the high-ranking delegation, members of the Associations of Deputy Heads, Royal members (Prince, Crown Prince, Princess, etc.), President of the ruling Party, guest delegations of ministries, central government authorities and members of the receiving committee (hereinafter referred to as Group 3): 37 cars at most;

d) Cars carrying luggage for international delegations officially visiting Vietnam and state high-ranking delegations visiting other countries (hereinafter referred to as Group 4): 03 cars at most.

2. Cars serving state reception are provided and assigned Ministry of Foreign Affairs to manage and use serving general affairs of the State. Ministry of Foreign Affairs shall preside over and cooperate with Ministry of Finance and other concerned authorities to ask Prime Minister for approval of specific car types, purchase prices of each group specified in clause 1 of this Article on the purchase of equipment for foreign affairs of the State in accordance with each stage of development in Vietnam.

Article 20. Replacement of cars serving state reception

1. Cars serving state reception will be replaced if:

a) The mileage has exceeded 150.000 km or the car has been used for more than 10 years;

b) The conditions specified in (a) are not fulfilled but the car is damaged beyond repair or the repair is ineffective (estimated repair cost is 30% higher than cost).

2. Cars ineligible for replacement according to clause 1 of this Article that need to be replaced in order to meet the requirements of foreign affairs, Minister of Foreign Affairs shall submit report to Prime Minister for decision.

3. Cars serving state reception in case of replacement shall be disposed as below (after Ministry of Foreign Affairs agrees with Ministry of Finance):

a) Transfer among groups (from group 1 to group 2 or group 3, from group 2 to group 3); Ministry of Foreign Affairs issues the decision of car transfer among groups in order to continue to use cars for state reception;

b) Other ways of disposal specified in Law on Management and Use of Public Assets and documents detailing the implementation of the Law.

Section 5. REGULATION OF CAR PRICES

Article 21. Regulation of purchase price of cars

1. In case of increase in car prices, regulation of car prices shall be as follows:

a) Ministries, central government authorities, Standing Committees of provincial committee of the Communist party, People's Committees of province, Board members of the business corporations shall consider purchasing cars with prices not higher than 5% against the prices specified in this Decree for authorities, organizations, units and state-owned enterprises within their managements;

b) In case the purchase of cars with prices higher than the prices specified in this Decree from more than 5% to not over 20% is a must, Ministries, central government authorities and Board members of the business corporations shall make decision after receiving the consent from Ministry of Finance; Standing Committees of provincial committee of the Communist party shall make decision within their managements, People's Committees of province (after receiving the consent from Standing Committees of People's Council at the same level) shall make decision within their managements.

2. The Minister of Finance shall propose necessary amendments to this Decree to the Government when the market prices for cars vary beyond 20% of those specified herein.

Chapter III

THE PROVISION OF FIXED FUNDING FOR USE AND HIRE OF CARS

Article 22. Fixed funding for use of cars

1. Applicable units:

a) The position holders working at authorities, organizations and units specified in Clause 4 -Article 9, Clause 3 - Article 10, Clause 3 - Article 11, Clause 3 - Article 12 and Clause 3 - Article 13 of this Decree;

b) The position holders specified in Clause 2, Article 7 of this Decree;

c) The position holders specified in Clause 1 and Clause 2, Article 8 of this Decree according to decision of authorities or competent persons specified in Clause 7 of this Decree.

2. Stages of fixed funding for use of cars

a) Commuting

b) Business trip.

3. Forms and amounts of fixed funding

a) Distance-based funding

As for commuting: Fixed funding for use of cars is based on the mileage from home to work (2 times per day), the number of real working days in a month and fixed price.

As for business trip: Fixed funding for use of cars is based on the mileage of each trip and fixed price.

b) Fixed funding

As for commuting: Pursuant to average distance from home to work and vice versa, monthly average days of commuting of positions that enable its holders to use cars, fixed price in order to set up the fixed funding applicable to all position holders.

As for business trip: Pursuant to monthly average distance of position holders at authorities, organizations, units and state-owned enterprises and fixed price.

4. Fixed prices: In accordance with freight service prices of respective means of transportation.

5. Fixed funding is included in state budget estimates, allowable funding sources of authorities, organizations, units and state-owned enterprises. Fixed funding and monthly salary payments shall be paid to the position holders at the same time; the fixed funding specified in point a, clause 3 of this Article in case of business trip and trip fees shall be paid at the same time.

6. In case all positions that enable its holders to use cars working at authorities, organizations, units and state-owned enterprises applying fixed funding for use of cars, the provision of cars shall not be applied. If cars are already provided, the arrangement and disposal of current number of cars specified in Article 24 of this Decree shall be required.

7. Pursuant to this Decree and real conditions of authorities, organizations, units and state-owned enterprises, Ministries, Heads of central government authorities, Chairman of the People's Committees of provinces (after receiving the consent from the Standing Committees of provincial committee of the Communist party, the Standing committee of the People's Councils of the same provinces), Chairman of the Member Council of business corporations shall make decisions within their managements:

a) The application of fixed funding for use of cars of the position holders specified in Clause 1 and the cases specified in Clause 2, Article 8 of this Decree.

b) Forms and stages of providing fixed funding for use of cars for position holders.

c) Unit prices and fixed funding applied to each position or each group of positions in accordance with each period.

Article 23. Hire of cars

1. Authorities, organizations, units and state-owned enterprises shall hire cars serving general affairs, specialized cars in case:

a) The current number of cars is insufficient for affairs and fixed funding for use of cars is not applied to this case;

b) There is a position that enables its holder to use a car but the authority, organization or unit is not eligible for use of cars serving general affairs specified in Clause 4 - Article 9, Clause 3 - Article 10, Clause 3 - Article 11, Clause 3 - Article 12 and Clause 3 - Article 13 of this Decree;

c) Authorities, organizations, units and state-owned enterprises that are eligible for entitlement to use cars serving general affairs and specialized cars specified in this Decree but do not purchase cars as well as fixed funding for use of cars are not applied.

2. Pursuant to specific conditions on provision of transport services of markets, authorities, organizations, units, project management boards, state-owned enterprises shall hire cars. Car rentals are in accordance with transport service prices in the market.

Chapter IV

REARRANGEMENT AND DISPOSAL OF CARS

Article 24. Rearrangement and disposal of cars serving position holders, cars serving general affairs

1. Ministries, central government authorities, People’s Committee of province shall rearrange the current number of cars of authorities, organizations and units within their managements; dispose the excessive number of cars according to Law on Management and Use of Public Property and documents detailing the implementation of the Law. Deadline for completion: before December 31, 2019.

Authorities, organizations and units shall update data on cars in national database on public property within established time limits.

2. Pursuant to standards and norms for use of cars specified in this Decree, state-owned enterprises shall check and rearrange the current number of cars; dispose the excessive number of cars according to Law on management and use of state capital invested in enterprises and relevant lawsoft.

Deadline for completion: before December 31, 2019.

Article 25. Rearrangement and disposal of specialized cars

1. Pursuant to standards and norms for use of specialized cars specified in Article 17 and Article 18 of this Decree issued by competent persons or authorities, Ministries, central government authorities, People’s Committees of provinces shall check and rearrange the current number of specialized cars of authorities, organizations, units and state-owned enterprises within their managements:

a) In case of the current number of specialized cars in accordance with standards and norms specified in Article 17 and Article 18 of this Decree, the management and use shall be continuously applied; this number of cars shall be included in current standards and norms for use of specialized cars.

b) In case of the current number of specialized cars not in accordance with standards and norms specified in Article 17 and Article 18 of this Decree, the Law on Management and Use of Public Property and documents detailing the implementation of the Law shall be applied.

The disposal of specialized cars not in accordance with standards and norms shall be completed at least within 6 months from the date of standards and norms specified in Article 17 and Article 18 of this Decree issued by competent persons or authorities.

2. In case competent persons or authorities have not issued standards and norms for use of specialized cars specified in Article 17 and Article 18 of this Decree, management authorities, organizations and units of specialized cars following the standards and norms issued before 01 January of 2018 are not entitled to transfer cars or purchase new cars; after competent persons or authorities issue standards and norms for use of specialized cars specified in Article 17 and Article 18 of this Decree, Ministries and central government authorities and People’s Committees of provinces shall organize the implementation of car arrangement and disposal in accordance with clause 1 of this Article.

3. Authorities, organizations and units shall update data on cars in national database on public property within established time limits.

Chapter V

PROVISIONS ON IMPLEMENTATION

Article 26. Provisions on Implementation

1. This Decree takes effect from February 25, 2019.

2. Annul the Prime Minister's Decision No. 32/2015 / QD-TTg dated August 4, 2015, prescribing standards and norms and regimes for management and use of cars in regulatory authorities, public service providers and single-member state-owned limited liability companies; Decision No. 54/2007 / QD-TTg dated April 19, 2007 of the Prime Minister on management and use of cars serving state reception under the Ministry of Foreign Affairs and documents not in accordance with regulations specified in this Decree.

Article 27. Responsibilities for Implementation

1. The Ministry of Finance provides guidance on the implementation of this Decree.

2. The Ministry of Health shall preside over the provision of detailed guidance on standards and norms for use of cars specialized in the health sector specified in point a, clause 1, Article 17 of this Decree, serving as a basis for Ministries, central government authorities and People's Committees of province, Heads of public service providers self-sufficient for regular and investment expenditures to issue standards and norms for use of cars specialized in the health sector for authorities, organizations and units within their managements.

In case the Ministry of Health have not provided the detailed guidance on standards and norms for use of cars specialized in the health sector specified in point a, clause 1, Article 17 of this Decree, Ministries, central government authorities and People's Committees of province shall collect written opinions from the Ministry of Health and the Ministry of Finance, serving as a basis for competent persons or authorities to issue standards and norms for use of cars specialized in the health sector for authorities, organizations and units within their managements.

3. The Ministry of Foreign Affairs shall issue the Regulations on the management and use of cars serving state reception specified in Article 19 and Article 20 of this Decree after receiving opinions from the Ministry of Finance and concerned agencies.

4. Ministries, central government authorities, Standing Committees of the provincial committee of the Communist party, People's Committees of province and business corporations shall:

a) Organize to calculate the number of cars put into operation at authorities, organizations, state-own enterprises within its management in accordance with standards and norms and dispose excessive cars specified in this Decree;

b) Provide direction for authorities, organizations, state-own enterprises within its management to manage and use cars accordance with norms and standards specified in this Decree; arrange drivers in case of disposal of excessive cars accordance with law on labour; enter in the accounts and publicize the expenses of use, fixed funding and hire of cars in accordance with laws; update data on cars in the national database on public property in accordance with regulations.

5. Ministers, Heads of central government authorities, Chairman of People's Committees of provinces and central-affiliated cities, Chairman of the Members' Council of business corporations, Heads of concerned authorities, organizations and units as well as officials, public employees working at authorities, organizations, units and state-owned enterprises shall implement this Decree./.

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