Quyết định 30/2010/QD-TTg

DECISION

PROMULGATING THE REGULATION ON TITLES ELIGIBLE FOR, LIMIT QUANTITIES AND THE MANAGEMENT AND USE OF VEHICLES FOR WORKING PURPOSES OF OVERSEAS VIETNAMESE AGENCIES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Thrift Practice and Waste Combat;
Pursuant to the November 29, 2005 Law Against Corruption; and the August 4, 2007 Law Amending and Supplementing a Number of Articles of the Law Against Corruption;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
Pursuant to the June 29, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam;
At the proposal of the Minister of Finance,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on titles eligible for, limit quantities and the management and use of vehicles for working purposes of overseas Vietnamese agencies.

Article 2. This Decision takes effect on April 28. 2010.

Article 3. Ministers and heads of ministerial-level agencies, government-attached agencies, other central agencies and concerned agencies shall implement this Decision.

REGULATION

ON TITLES ELIGIBLE FOR, LIMIT QUANTITIES AND THE MANAGEMENT AND USE OF VEHICLES FOR WORKING PURPOSES OF OVERSEAS VIETNAMESE AGENCIES
(Promulgated together with the Prime Minister s Decision No. 30/2010/QD-TTg of March 15. 2010)

Chapter I

GENERAL PROVISIONS

Article 1. Subjects and scope of application

1. Subjects of application

a/ Overseas representative missions of the Socialist Republic of Vietnam (below referred to as representative missions) acting as official representatives of the Vietnamese State in the relations with nations, territories and international organizations under (he Law on Overseas Representative Mission* of the Socialist Republic of Vietnam;

b/ Other overseas Vietnamese agencies outside the system of representative missions, which are set up by ministries, ministerial-level agencies, other central agencies or provincial-level People's Committees;

2. Scope of application: Vehicles referred to in this Regulation include automobiles of all kinds and other vehicles purchased with state budget capital or capital of state budget origin (which include also loans, aid and donations of domestic and foreign organizations or individuals or over which state ownership has been established under law).

Article 2. Principles of furnishing, arranging and using vehicles for representative missions and other overseas Vietnamese agencies for working purposes

1. The furnishing of vehicles for representative missions and other overseas Vietnamese agencies for working purposes must comply with the criteria, norms and prices specified in this Regulation and suit working conditions in each country, ensuring efficiency and thrift.

2. The Minister of Foreign Affairs shall decide on the purchase of vehicles for representative missions for working purposes, while ministers, heads of ministerial-level agencies or other central agencies or chairpersons of provincial-level People's Committees shall decide on the purchase of vehicles for working purposes of other overseas Vietnamese agencies under their management, within annually allocated budget estimates.

3. Purchase prices of vehicles specified in this Regulation are inclusive of relevant taxes and exclusive of insurance cost, fees and other charges related to the use of vehicles under regulations of host countries.

4. Insurance must be bought for vehicles for representative missions and other overseas Vietnamese agencies for working purposes under regulations of host countries.

5. Vehicles for working purposes shall be managed and used under Vietnamese law on the management and use of state property by representative missions and other overseas Vietnamese agencies and relevant laws of host countries.

6. Illegally leasing, lending or transferring or using for improper purposes vehicles is prohibited.

Chapter II

SPECIFIC PROVISIONS

Article 3. Leaders of representative missions eligible to be furnished with cars for working purposes

1. Ambassadors or chargé d'affaires and heads of Vietnamese delegations at international organizations each may regularly use for working purposes a car at a maximum price of USD 65.000. Consuls general each may regularly use for working purposes a car at a maximum price of USD 60.000.

2. Based on market prices and diplomatic requirements in each country or territory and the price levels specified in Clause 1 of this Article, the Ministry of Foreign Affairs shall decide on appropriate kinds, brands and purchase prices of cars to be furnished for the titles defined in Clause 1 of this Article.

3. If. in order to meet the Vietnamese State's diplomatic requirements in some key countries and areas, external relations require the furnishing of cars for the titles defined in Clause 1 of this Article at purchase prices higher than those specified in this Decision, the Ministry of Foreign Affairs shall make decision after reaching written agreement with the Ministry of Finance.

Article 4. Limit quantities of cars to be furnished for representative missions for working purposes

1. Cadres, civil servants and staff members of representative missions may. depending on specific conditions and characteristics of their tasks, be furnished with cars for working purposes under regulations of the heads of their missions.

2. Based on each mission's payroll (excluding the titles eligible for cars under Clause 1. Article 3 of this Decision), the Ministry of Foreign Affairs shall decide on the kinds and brands of cars to be furnished for working purposes in the following limit quantities:

3. Purchase prices of cars to be furnished in the limit quantities specified in Clause 2 of this Article are stipulated as follows:

- Each representative mission may buy a car at a maximum price of USD 45.000.

- In other cases, a car's maximum price is USD 35.000.

Article 5. Limit quantities of cars to be furnished for other overseas Vietnamese agencies for working purposes

1. Depending on specific conditions and characteristics of their tasks, cadres, civil servants and staff members of other overseas Vietnamese agencies may be furnished with cars for working purposes under regulations of the heads of their agencies.

2. Based on the payroll staff of each of other overseas Vietnamese agencies, the furnishing of cars for working purposes is specified as follows: one car for 4 officers or fewer, and 2 cars for more than 4 officers, at the maximum purchase price of USD 35.000/car.

Article 6. Liquidation and replacement of cars for working purposes

1. Cars for the titles defined in Clause 1, Article 3 of this Regulation may be replaced after they have been used for at least 5 years. In case a host country's law stipulates cars" lifetime of less than 5 years, cars may be replaced under regulations of such country.

2. Cars of representative missions and other overseas Vietnamese agencies for working purposes shall be liquidated under regulations of host countries. In case liquidation criteria are not prescribed in the law of a host country, cars shall be liquidated under the Vietnamese law.

3. When necessary to replace old cars with new ones ahead of schedule, representative missions shall report to the Minister of Foreign Affairs while other overseas Vietnamese agencies shall report such replacement to ministers, heads of ministerial-level agencies or other central agencies or chairpersons of provincial-level People's Committees for consideration and decision after reaching written agreement with the Ministry of Finance.

4. When conditions permit replacement of vehicles for working purposes under the preferential regime of host countries, represen­tative missions or other overseas Vietnamese agencies shall report such renewal to the managing agencies for consideration and decision within the limit of the allocated budget estimates.

Article 7. Management and use of cars for working purposes

1. Heads of representative missions or other overseas Vietnamese agencies shall promulgate regulations on the management and use of cars for working purposes at their missions or agencies, ensuring thrift, efficiency and suitability with working conditions in each country.

2. Based on specific conditions in each country, the managing agencies may allocate package funds for the furnishing of vehicles for working purposes on the principles of voluntariness, ensuring that the package funds must be lower than expenses for the use of public vehicles for working purposes.

3. When the number of furnished cars is insufficient to meet urgent working needs, heads of representative missions or other overseas Vietnamese agencies may decide to hire cars for working purposes.

Article 8. Furnishing, management and use of other vehicles other than cars (below referred to as other vehicles)

1. Based on socio-economic conditions, topographical characteristics and working requirements in each country or territory, the Minister of Foreign Affairs, other ministers, heads of ministerial-level agencies or other central agencies or chairpersons of provincial-level People's Committees shall decide on the purchase and furnishing of other vehicles for overseas Vietnamese agencies under their management for working purposes, ensuring thrift and efficiency, and within the allocated budget estimates.

2. In case overseas Vietnamese agencies wish to purchase other vehicles each at over USD 30,000 (inclusive of relevant taxes), the Minister of Foreign Affairs, ministers of managing ministries or chairpersons of provincial-level People's Committees shall decide on the purchase after reaching written agreement with the Ministry of Finance.

3. The purchase, furnishing, management and use of other vehicles must adhere to the principles specified in Article 2 of this Regulation.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9. Handling of violations

Heads of agencies, organizations or units or concerned individuals that improperly implement this Regulation shall, depending on the nature and severity of their violations, be disciplined, administratively handled or examined for penal liability under law. If causing damage, they shall pay compensations under law.

Article 10. Implementation responsibility

1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and concerned ministries, ministerial-level agencies, other central agencies and provincial-level People's Committees in, organizing the implementation of this Regulation.

2. When the USD-equivalent market prices of cars in host countries increase or decrease by over 20% of the prices specified in this Regulation, the Minister of Finance shall decide to make appropriate adjustments.

3. Ministers, heads of ministerial-level agencies or other central agencies, chairpersons of provincial-level People's Committees, and heads of concerned agencies, organizations and units shall implement this Regulation.-