Chương I Nghị định 04/2019/NĐ-CP: Quy định chung

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.