Chương III Nghị định 166/2017/NĐ-CP về quy định tiêu chuẩn, định mức và chế độ quản lý, sử dụng tài sản công của cơ quan Việt Nam ở nước ngoài: Tiêu chuẩn, định mức và chế độ quản lý, sử dụng xe ô tô và phương tiện vận tải khác của cơ quan việt nam ở nước ngoài

Chapter III

STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF AUTOMOBILES AND OTHER TRANSPORT VEHICLES OF OVERSEAS VIETNAMESE BODIES

Section 1. STANDARDS AND NORMS

Article 16. Standards and norms for use of automobiles of missions

1. Standards and norms for use of automobiles to support duty performance of titles:

a) Ambassadors and equivalent titles, chargés d'affaires and heads of Vietnamese missions to international organizations may regularly use 01 automobile priced at up to USD 65.000/automobile to perform their duties. Consul generals and equivalent titles may regularly use 01 automobile priced at up to USD 60.000/automobile to perform their duties;

b) Based on price levels and requirements concerning foreign affairs in each country and territory and prices provided in Point a of this Clause, the Ministry of Foreign Affairs shall decide suitable types, makes and prices of automobiles equipped for the titles mentioned in Point a of this Clause.

2. Standards and norms for use of automobiles for general business:

a) Titles of missions may use automobiles to perform their duties according to specific conditions and the nature of those duties as per regulations of the heads of their missions;

b) Based on the number of workers on payroll (excluding titles already equipped with an automobile mentioned in Clause 1 of this Article), the Minister of Foreign Affairs shall decide to equip automobiles for general business of missions according to the following norms:

c) In case some units are consolidated into a mission, norm for use of automobiles for general business of the consolidated units shall be proportional to the number of workers on payroll of each unit according to regulations in Point b of this Clause;

d) Prices:

- Each mission may purchase 01 automobile priced at up to USD 45.000/automobile.

- The remaining automobiles may be purchased with a price of up to USD 35.000/automobile.

3. In case it is necessary to equip automobiles with 09 seats or more for foreign affairs-related delegations in some key areas, the Ministry of Foreign Affairs and Ministry of Finance shall reach an agreement on the type and number of automobiles to be equipped for the missions. Automobiles equipped according to regulations of this Clause shall be excluded from norms for use of automobiles for general business of the missions according to regulations in Clause 2 of this Article.

Article 17. Standards and norms for use of automobiles for general business of other overseas Vietnamese bodies

1. Based on number of workers on payroll, norms for use of automobiles for general business of other overseas Vietnamese bodies shall be determined as follows:

2. Automobiles used for operations of other overseas Vietnamese bodies shall be priced at up to USD 35.000/automobile.

Article 18. Automobile price adjustment

In case it is necessary to equip automobiles at higher prices than mentioned in Article 16 and Article 17 of this Decree for foreign affairs activities of the Vietnamese State in some key countries and areas:

1. Heads of ministries and provincial People’s Committees shall consider and decide a price higher than the prices mentioned in this Decree by no more than 10%;

2. In case it is necessary to equip automobiles for general business at a price higher than mentioned in this Decree by 10% to 20%, heads of ministries shall consider and decide the price with the written approval of the Ministry of Finance; Chairpersons of provincial People’s Committees shall consider and decide the price with the written approval of standing committees of People's Councils at the same level;

3. In case it is necessary to equip automobiles for general business at a price higher than mentioned in this Decree by more than 20%, the Minister of Finance shall report to the Prime Minister for consideration and decision based on written requests from heads of ministries and provincial People’s Committees.

Article 19. Provision of other transport vehicles

1. Based on socio-economic circumstances, topographic characteristics and specific operating requirements in each country and territory, heads of ministries and provincial People’s Committees shall consider and decide to equip other transport vehicles (besides automobiles) for operations of overseas Vietnamese bodies under their management in an economical and efficient manner and as appropriate to available funding.

2. In case overseas Vietnamese bodies need to purchase transport vehicles (besides automobiles) priced at more than USD 30.000, heads of ministries and provincial People’s Committees shall consider and decide such purchase with the written approval from the Ministry of Finance.

Section 2. MANAGEMENT AND USE REQUIREMENTS

Article 20. Purchase of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be purchased in the cases mentioned in Clause 1 Article 31 of the Law on Management and Use of Public Property.

2. Heads of ministries and provincial People’s Committees have the power to decide the economical and efficient purchase of automobiles and other transport vehicles for operations of overseas Vietnamese bodies under their management within annually allocated budget estimates.

Article 21. Renting of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be rented in the cases mentioned in Clause 1 Article 32 of the Law on Management and Use of Public Property.

2. Rental prices of automobiles and other transport vehicles shall be determined based on rental price of equivalent vehicles on the local market of the host country and as appropriate to the standards and norms in this Decree.

3. Heads of overseas Vietnamese bodies have the power to decide economical and efficient renting of automobiles and other transport vehicles.

Article 22. Maintenance and repair of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be maintained and repaired according to technical standards and requirements of the law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Heads of overseas Vietnamese bodies have the power to decide economical and efficient maintenance and repair of automobiles and other transport vehicles. Funding for such maintenance and repair shall be included in annually allocated budget estimates of overseas Vietnamese bodies.

Article 23. Selling of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be sold in the cases mentioned in Clause 1 Article 43 of the Law on Management and Use of Public Property. Such selling must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide the selling of automobiles and other transport vehicles of overseas Vietnamese bodies.

3. Amounts collected from the selling of automobiles and other transport vehicles shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

Article 24. Liquidation and replacement of automobiles and other transport vehicles

1. Automobiles servicing the titles mentioned in Clause 1 Article 16 of this Decree may be replaced after they have been used for at least 06 years, unless otherwise provided for by the law of the host country.

Automobiles eligible for replacement according to regulations but still operating properly shall be handled according to regulations of Decree No. 151/2017/ND-CP.

2. Automobiles for general business of other overseas Vietnamese bodies shall be liquidated according to the law of the host country. If this matter is not provided by the law of the host country, these automobiles shall be liquidated in the following cases:

a) The automobile has been in use for more than 10 years or ran for more than 200.000 km;

b) The automobile has not expired but it is damaged beyond repair or repair is inefficient (estimated repair costs are higher than original price by more than 30%).

3. In case automobile liquidation or replacement needs to take place before the given deadline, heads of overseas Vietnamese bodies shall report to heads of ministries and provincial People’s Committees for consideration and decision with the written approval from the Ministry of Finance.

4. When an automobile may be replaced thanks to an incentive from the host country, the head of the overseas Vietnamese body shall report to the head of ministry or provincial People’s Committee for consideration and decision within allocated budget estimate.

5. Other transport vehicles shall be liquidated according to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

6. Heads of overseas Vietnamese bodies have the power to decide the liquidation of automobiles and other transport vehicles.

7. Amounts collected from the liquidation of automobiles and other transport vehicles shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.