Chương IV 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 máy móc, thiết bị và tài sản khác của cơ quan việt nam ở nước ngoài

Chapter IV

STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF MACHINERY, EQUIPMENT AND OTHER PROPERTY OF OVERSEAS VIETNAMESE BODIES

Section 1. STANDARDS AND NORMS

Article 25. Standards and norms for use of common office equipment and machinery

1. Common office equipment and machinery of overseas Vietnamese bodies include common office equipment and machinery provided for titles and offices of titles.

2. Common office equipment and machinery provided for titles and offices of titles are elaborated in Appendix I enclosed therewith.

3. Heads of ministries and provincial People’s Committees shall decide ceiling prices of common office equipment and machinery for each locality in compliance with the following requirements:

a) Machinery and equipment have technical standards that meet work requirements and are commonly used in offices in the host country; do not purchase machinery and equipment with high technical standards, resulting in wastefulness;

b) The ceiling price is decided based on prices from at least 03 providers publicly posted in the host country or official information published online by providers according to regulations of the host country for the machinery and equipment mentioned in Point a of this Clause;

c) The ceiling price is within state budget capacity.

4. Based on actual working conditions in each country and annually allocated budget estimates, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of common office equipment and machinery mentioned in Clause 2 of this Article within the ceiling prices decided according to regulations in Clause 3 of this Article in an economical and efficient manner and as appropriate to the nature of the work and diplomatic relations, and take responsibility for their decisions.

5. Besides the common office equipment and machinery mentioned in Appendix I enclosed therewith, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of other necessary common office equipment and machinery as appropriate to the functions, duties, nature of the work, need and state budget capacity in an economical and efficient manner.

Article 26. Standards and norms for use of machinery and equipment for general operations

1. Machinery and equipment for general operations of overseas Vietnamese bodies include:

a) Machinery and equipment provided for rooms where general operations of overseas Vietnamese bodies take place;

b) Machinery and equipment connected with housing, architectural objects and construction works and other machinery and equipment for general operations of overseas Vietnamese bodies.

2. Based on functions, duties, need, construction designs of offices and service providing facilities and state budget estimates of overseas Vietnamese bodies, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of machinery and equipment for general operations of overseas Vietnamese bodies in an economical and efficient manner.

Article 27. Standards and norms for use of specialized equipment and machinery

1. Specialized machinery and equipment of overseas Vietnamese bodies are machinery and equipment with higher requirements for functions, capacity and configurations than common office machinery and equipment and other machinery and equipment and supporting specialized duties of overseas Vietnamese bodies.

2. Ministries and provincial People’s Committees shall promulgate or delegate promulgation of standards and norms for use of specialized machinery and equipment (type and quantity) of overseas Vietnamese bodies under their management as appropriate to the functions and duties of these bodies and state budget capacity.

3. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide the purchase of specialized machinery and equipment of overseas Vietnamese bodies within their competence in compliance with standards and norms promulgated according to regulations in Clause 2 of this Article in an economical and efficient manner, and take responsibility for their decisions.

4. Promulgation of standards and norms for use of specialized machinery and equipment mentioned in Clause 2 of this Article is applicable to machinery and equipment qualified as fixed assets according to regulations on management and depreciation of fixed assets at regulatory bodies, organizations and units.

Heads of overseas Vietnamese bodies shall decide provision of specialized machinery and equipment not qualified as fixed assets as appropriate to the functions, duties, nature of the work, need and funding of these bodies in an economical and efficient manner.

Article 28. Standards and norms for use of daily living objects in housing and private houses

1. Daily living objects provided for titles of overseas Vietnamese bodies and accompanying persons are objects connected with housing and private houses, including working desk and chair sets, guest table and chair sets, dining table and chair sets, file cabinets, televisions, landline phones, wardrobes, beds, mattresses, refrigerators, washing machines, microwaves, stoves and other objects (if needed).

2. Daily living objects connected with housing of officials and public employees of overseas Vietnamese bodies are provided in Appendix II enclosed therewith.

3. Heads of ministries and provincial People’s Committees shall decide ceiling prices of daily living objects for each locality in compliance with the following requirements:

a) Daily living objects have technical standards that meet daily living requirements and are commonly used in the host country; do not purchase daily living objects with high technical standards, resulting in wastefulness;

b) The ceiling price is decided based on prices from at least 03 providers publicly posted in the host country or official information published online by providers according to regulations of the host country for the daily living objects mentioned in Point a of this Clause;

c) The ceiling price is within state budget capacity.

4. Based on actual working conditions in each country and annually allocated budget estimates, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of daily living objects mentioned in Clause 2 of this Article within the ceiling prices decided according to regulations in Clause 3 of this Article in an economical and efficient manner and as appropriate to living conditions in the host country, and take responsibility for their decisions.

5. Rented housing already equipped with suitable daily living objects by the lessor may be provided with missing daily living objects according to regulations of this Decree.

6. Besides the daily living objects mentioned in Appendix II enclosed therewith, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of other necessary daily living objects as appropriate to living conditions in the host country and actual need of overseas Vietnamese bodies.

Article 29. Provision of other property

Based on socio-economic circumstances and specific operating requirements in each country and territory, heads of ministries and provincial People’s Committees shall consider and decide to equip other property (besides the machinery and equipment mentioned in Articles 25, 26, 27 and 28 of this Decree) for operations of overseas Vietnamese bodies under their management in an economical and efficient manner and as appropriate to available funding.

Section 2. MANAGEMENT AND USE REQUIREMENTS

Article 30. Purchase of machinery, equipment and other property

1. Machinery, equipment and other property 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 or delegate decision on the purchase of machinery, equipment and other property of overseas Vietnamese bodies under their management.

Article 31. Renting of machinery, equipment and other property

1. Machinery, equipment and other property 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 machinery, equipment and other property shall be determined based on rental price of equivalent machinery, equipment and other property 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 machinery, equipment and other property.

Article 32. Provision of fixed funding for use of common office equipment and machinery

1. Fixed funding for use of common office equipment and machinery shall be provided in a voluntary manner and in the following cases:

a) A title eligible for machinery and equipment provision has not been provided with sufficient machinery and equipment as per standards and norms;

b) Available common office machinery/equipment is damaged, can no longer be used or cannot be used safely and qualified for liquidation.

2. Fixed funding for use of common office equipment and machinery shall be calculated using the following formula:

In which:

- Price of new common office equipment/machinery is the common market price (publicly posted by providers in the host country or from official information published online by providers according to regulations of the host country) or based on buying prices of previous periods and must not be higher than the ceiling price mentioned in Article 25 herein.

- Use life of common office equipment/machinery is determined according to regulations of law of the host country; if this matter is not provided for by the law of the host country, comply with Vietnamese law. For common office equipment/machinery not provided for by the law of the host country or Vietnamese law, use life shall be 05 years.

3. Based on types of common office equipment and machinery and actual working conditions of officials and public employees of overseas Vietnamese bodies, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide fixed funding for use of common office equipment and machinery for titles of overseas Vietnamese bodies in a safe, economical and efficient manner and within their competence.

4. Titles receiving fixed funding for use of common office equipment and machinery shall equip, maintain and repair the equipment and machinery themselves and ensure that the equipment and machinery can support their work.

5. Fixed funding shall be provided for funding recipients together with subsistence allowance on a monthly basis.

Article 33. Liquidation of machinery, equipment and other property

1. Machinery, equipment and other property 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.

2. Machinery, equipment and other property related to national secrets shall be liquidated according to relevant law provisions.

3. Heads of overseas Vietnamese bodies have the power to decide liquidation of machinery, equipment and other property.

4. Amounts collected from the liquidation of machinery, equipment and other property 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.