Decision No. 122/1999/QĐ-TTg On issuing standards and quotas for the use of cars in administrative and public service agencies and state-owned enterprises

DECISION OF THE PRIME MINISTER

Regarding the issuance of standards and quotas for the use of passenger cars

in administrative and public service agencies and state-owned enterprises

_____________________________________ 

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 14/1998/NĐ-CP dated March 6, 1998, on State asset management;

At the proposal of the Minister of Finance, the Minister, and the Head of the Government Organization and Cadre Department,

DECISION:

Article 1.This Decision promulgates the Regulations on Standards and Quotas for the Use of Passenger Cars in Administrative and Public Service Agencies and State-Owned Enterprises.

Article 2.This Decision shall take effect fifteen days from the date of signature. All previous regulations contrary to this Decision are hereby abolished.

Article 3.Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, political organizations, political-social organizations, Chairpersons of provincial People's Committees directly under the central government, and state-owned enterprises are responsible for implementing this Decision./.

REGULATIONS

On standards and quotas for the use of passenger cars in administrative and public service agencies and state-owned enterprises

(Issued together with Decision No. 122/1999/QĐ-TTg dated May 10, 1999 of the Prime Minister)

II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

Article 1.State-managed agencies, public service agencies, political organizations, and political-social organizations (collectively referred to as administrative and public service agencies) which are provided with operational funds from the state budget and state-owned enterprises according to this Decision may be equipped or purchase passenger cars for transporting officials and for general purposes.

For agencies and units under the Ministry of National Defense, the Ministry of Public Security, and the national reception car fleet, they shall follow separate regulations issued by the Prime Minister.

Article 2. Passenger cars used in administrative and public service agencies and state-owned enterprises regulated herein include passenger cars with up to 15 seats and specialized vehicles formed from state budget funds (including grants and gifts from domestic and foreign organizations and individuals or established as state property according to the law, projects, and programs when transferring cars to administrative and public service agencies) and cars purchased using state-owned enterprise funds.

Article 3.

1. Administrative and public service agencies and state-owned enterprises shall allocate passenger cars based on the number currently managed and used, providing cars to leaders according to their positions and common use within the agency in accordance with this Decision.

2. The state will gradually equip administrative and public service agencies with passenger cars according to each level's annual budget capacity.

3. State-owned enterprises shall purchase passenger cars according to the standards and quotas set forth in this Decision based on their financial capabilities.

Article 4.

1. Passenger cars used by administrative and public service agencies and state-owned enterprises must be managed and used in accordance with the standards, quotas, and price levels stipulated in this Decision and other state regulations.

2. Administrative and public service agencies and state-owned enterprises entrusted with managing and using passenger cars without permission from competent state authorities shall not:

a) Sell, exchange, give, or donate them to any organization or individual;

b) Use them for personal purposes or rent them out.

3. It is strictly prohibited to arbitrarily use state-owned passenger cars for personal purposes. In cases where there is a need to use state-owned passenger cars for personal matters, the user must bear the operating costs according to the regulations of the Ministry of Finance.

II. STANDARDS AND QUOTAS FOR THE USE OF PASSENGER CARS

Article 5. The following positions are entitled to be equipped with and use one passenger car (including during retirement):

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

2. President of the Socialist Republic of Vietnam;

3. Prime Minister of the Government;

4. Chairman of the National Assembly;

5. Other cases decided by the Prime Minister.

Article 6. The following positions are entitled to use one domestically assembled passenger car during their term of office with a maximum new purchase price of 600 million VND per car, as follows:

1. Members of the Politburo of the Central Committee of the Communist Party of Vietnam, Vice Presidents of the State, Deputy Prime Ministers, Deputy Chairmen of the National Assembly;

2. Procurator General of the Supreme People's Procuracy, Chief Justice of the Supreme People's Court;

3. Heads of Central Party Departments, Chairman of the National Ethnic Council of the National Assembly, Members of the Standing Committee of the National Assembly, Director of the National Assembly Office, Directors of National Assembly Committees, Director of the Office of the President;

4. Ministers, equivalent positions in central political-social organizations; Chairman of the Central Committee of the Vietnam Fatherland Front, Chairman of the Vietnam General Confederation of Labor, First Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union, Chairman of the Vietnam Women's Union, Chairman of the Vietnam Farmers' Union, Chairman of the Vietnam Veterans' Association;

5. Secretaries, Chairmen of People's Councils, Chairmen of People's Committees of Hanoi City and Ho Chi Minh City.

Article 7.The following positions are entitled to use one domestically assembled passenger car with a maximum new purchase price of 500 million VND per car for daily transportation between residence and workplace and for business trips, as follows:

1. Deputy Heads of Central Party Departments, Deputy Chairmen of the National Ethnic Council of the National Assembly, Deputy Directors of National Assembly Committees, Deputy Procurators General of the Supreme People's Procuracy, Deputy Chief Justices of the Supreme People's Court;

2. Deputy Ministers, senior experts of the Government, cadres holding leadership positions with a coefficient of 1.1 or higher in administrative and public service agencies and equivalent positions in political and political-social organizations;

3. Secretaries, Chairmen of People's Councils, Chairmen of People's Committees of provinces and centrally-administered cities (except Hanoi City and Ho Chi Minh City), Deputy Secretaries, Deputy Chairmen of People's Councils, Deputy Chairmen of People's Committees of provinces and centrally-administered cities.

Article 8. Passenger cars allocated for the positions specified in Articles 5, 6, and 7 of this Decision shall be replaced after being used for over 100,000 kilometers.

III. STANDARDS AND QUOTAS FOR COMMON USE OF PASSENGER CARS IN ADMINISTRATIVE AND PUBLIC SERVICE AGENCIES AND STATE-OWNED ENTERPRISES

Article 9. Administrative agencies and public service organizations shall be equipped with cars for common use to transport officials, civil servants, and staff when on official business according to the following regulations depending on the functions, tasks, level, and each agency as provided by the State:

1. For management-level officials at General Departments, Departments, Bureaus, Institutes, and those holding leadership positions with a leadership position allowance coefficient from 0.5 to less than 1.1, and senior specialists in the National Assembly's Ethnic Council, Committees, and Office, Ministries, agencies equivalent to ministries, government agencies, political organizations, and political-social organizations, in cases of real necessity (urgent work, meetings with foreign guests, working in delegations...) may be assigned small cars for official travel within city centers and urban areas, and when traveling outside city centers; they shall not be assigned cars for transportation between their residences and workplaces.

2. For management-level officials at Heads and Deputy Heads of Provincial Departments, Committees, and equivalent levels, Secretaries and Deputy Secretaries, Chairpersons and Deputy Chairpersons of Districts and equivalent levels, with a leadership position allowance coefficient of 0.5 or higher, and senior specialists may be assigned small cars for official travel within and outside provinces.

3. For other officials, civil servants, and staff assigned to official duties, based on the urgency and importance of the work, the head of the agency may assign cars for them to travel on official business.

Cars serving the common official duties of administrative agencies and public service organizations are types of vehicles with seating capacity from 5 to 15 seats manufactured domestically (except in special cases approved by the Prime Minister to purchase imported vehicles).

Article 10. Cars serving the transportation of officials, civil servants, and staff on official business for central administrative agencies and public service organizations shall be equipped according to the following levels:

1. For units under Ministries, agencies equivalent to ministries, government agencies, political organizations, and political-social organizations at the central level such as Offices, Bureaus, Departments, and equivalent organizations (collectively referred to as working units), according to their functions, tasks, nature of work, regular need to travel on official business, organizational scale, and approved staffing, shall be equipped with cars according to the following levels:

a. For agencies with the number of officials, civil servants, and staff in the approved staffing of 20 or more people for a working unit and with the number of days-persons traveling outside city centers exceeding 50% of the total number of days-persons of the agency in a year, two working units shall be equipped with one car with a new purchase price not exceeding 400 million VND per car.

b. For other agencies, three working units shall be equipped with one car with a new purchase price not exceeding 400 million VND per car.

2. General Departments, Departments, and equivalent organizations directly under Ministries, agencies equivalent to ministries, and government agencies shall be equipped with cars according to the following levels:

Each General Department, Department, and equivalent organization directly under Ministries, agencies equivalent to ministries, and government agencies shall be equipped with up to three cars with a new purchase price not exceeding 400 million VND per car.

Each Department directly under a General Department and equivalent organizations directly under Ministries shall be equipped with up to two cars with a new purchase price not exceeding 350 million VND per car.

3. For universities, colleges, specialized secondary schools, hospitals, research institutes, and research centers directly under Ministries, agencies equivalent to ministries, and government agencies, according to the scale of training, research, and bed capacity, each unit shall be equipped with up to three cars with a new purchase price not exceeding 400 million VND per car to serve the common official needs of leaders and officials, civil servants, and staff of the agency (excluding buses, ambulances, trucks, and other specialized vehicles).

4. For organizations that are not balanced in their operating budget by the state budget as stipulated in Article 11 of the State Budget Law, if it is necessary to equip cars from the state budget, specific decisions must be made by the Prime Minister.

Article 11. Cars serving the official duties of Vietnam's representative offices abroad:

The Vietnam Embassy abroad is responsible for unified management of cars to serve the diplomatic work of Vietnam's representative offices in the host country, the number of cars equipped shall depend on the needs and nature of work in each country, with a maximum of ten cars being equipped to serve the diplomatic work managed by the Embassy (including cars for Consulates-General, Trade Offices, Representatives, Military Attachés...). The Ministry of Foreign Affairs will coordinate with the Ministry of Finance and relevant agencies to guide Vietnam's representative offices abroad to equip cars according to the approved quantity and use the state budget funds economically, organize the procurement and disposal of cars in accordance with current regulations of the Vietnamese Government and international practices.

Article 12. Cars serving the common official needs of administrative agencies and public service organizations under local management shall be equipped as follows:

1. The Office of the Municipal Party Committee, Provincial Party Committee, Office of the People's Committee of the province, municipality directly under the Central Government shall be equipped with a maximum of three cars per office.

Specifically, Ho Chi Minh City, Hanoi City, and provinces, municipalities managing administrative units of 20 districts, counties, towns or more shall be equipped with a maximum of five cars, with a new purchase price not exceeding 400 million VND per car.

2. The Office of the Municipal Party Committee, Office of the People's Committee of the provincial municipality, Departments, Committees, and equivalent organizations directly under the Provincial Party Committee, Municipal Party Committee, People's Committee of the province, municipality directly under the Central Government, according to the organizational structure and functions, tasks, shall be equipped with a maximum of three cars per agency, with a new purchase price not exceeding 400 million VND per car.

Specialized Inspection Units with wide-ranging professional management responsibilities directly under Departments shall be equipped with one car per unit with a new purchase price not exceeding 350 million VND per car.

3. The Office of the County Party Committee, Town Party Committee, District Party Committee, Office of the People's Committee of the county, town, district directly under the Provincial Party Committee, Municipal Party Committee, People's Committee of the province, municipality directly under the Central Government (collectively referred to as county) shall be equipped with a maximum of three cars per agency, with a new purchase price not exceeding 400 million VND per car.

4. Provincial-level political-social organizations directly under the central government, which enjoy state budget funding, shall be equipped with no more than two vehicles per agency, with each new vehicle costing not more than three hundred fifty million VND.

5. Each unit of a college, vocational high school, vocational training institution, or provincial-level hospital directly under the central government shall be equipped with one vehicle, with each new vehicle costing not more than three hundred fifty million VND (excluding buses, ambulances, trucks, and other specialized vehicles).

Article 13. Within the standards and quotas for shared car usage by administrative agencies, public service organizations, and state-owned enterprises stipulated in Articles 10 and 12 of this Decision, administrative agencies, public service organizations, and state-owned enterprises that frequently travel on official business to remote, mountainous, and highland areas, as well as those with headquarters located in such regions according to current regulations, may purchase a certain number of domestically assembled four-wheel drive vehicles at a maximum price not exceeding one and a half times the prescribed price.

Article 14. Heads of ministries, sectors, central-level political organizations, and political-social organizations; Chairpersons of People's Committees of provinces and centrally-administered cities shall base on the vehicle usage standards and quotas set forth in Articles 9, 10, 11, and 12 of this Decision and the organizational structure and staffing of their subordinate agencies and units to determine the number of vehicles to be equipped for each subordinate unit after reaching an agreement with the Ministry of Finance, but not exceeding the vehicle usage standards and quotas prescribed in this Decision.

Article 15. State-owned enterprises may purchase vehicles to serve the needs of their leaders and general operations based on their scope of production and business activities and financial capacity as follows:

1. The Chairman of the Board of Directors and General Director of State-owned Joint Stock Corporations established pursuant to Decisions No. 90/TTg dated March 7, 1994 and No. 91/TTg dated March 7, 1994 of the Prime Minister (special category) may use passenger cars to transport them from their residence to their workplace daily and for official trips, with the cost of a new car not exceeding four hundred fifty million VND.

2. Members of the Board of Directors, Deputy General Directors, Directors, and Deputy Directors of state-owned enterprises with a statutory capital of three billion VND or more may use vehicles for official trips serving production and business needs and general work requirements of the enterprise (without being provided with passenger cars for transportation between their residence and workplace).

Article 16. For the Central Party Office, the Central Party Financial Management Office, the National Assembly Office, the President's Office, the Government Office, the Ministry of Foreign Affairs, and other agencies with special characteristics in vehicle usage such as Health, Inspection, Bank, State Treasury, Transportation... the Ministry of Finance shall take the lead in coordinating with these agencies to establish the number and types of vehicles necessary to meet the operational needs of the agencies and ensure the effective performance of their tasks.

IV. IMPLEMENTATION PROVISIONS

Article 17. Annually, administrative agencies and public service organizations shall base on the number of vehicles currently in use and the vehicle usage standards and quotas prescribed in this Decision to determine the need for purchasing vehicles, prepare budgets, report to higher-level management authorities for consolidation, and submit reports to competent authorities for decision-making in accordance with the procedures for preparing, implementing, and settling state budget expenditures for purchasing new and supplementary fixed assets of the state and Article 11 of Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management.

Article 18. The Ministry of Finance shall be responsible for:

1. Issuing regulations on the management and use of transportation means to serve official needs and guiding documents for the implementation of this Decision.

2. Taking the lead in coordinating with relevant agencies, People's Committees of provinces and centrally-administered cities to conduct inspections on the management and use of vehicles in administrative agencies, public service organizations, and state-owned enterprises.

3. Implementing the transfer of vehicles from agencies using them beyond the standards and quotas to agencies lacking them and recovering vehicles used beyond the standards and quotas or no longer needed by agencies in accordance with the provisions of Article 14 of Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management.

4. Adjusting the prices of vehicles specified in this Decision when market prices fluctuate by twenty percent or more and reporting to the Prime Minister.

Article 19. The Ministry of Defense and the Ministry of Public Security shall cooperate with the Ministry of Finance and related agencies to develop standards and quotas for vehicle usage to serve official needs, to be decided by the Prime Minister.

Article 20.Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, central-level mass organizations, and Chairpersons of People's Committees of provinces and centrally-administered cities shall direct administrative agencies and public service organizations within their jurisdiction based on this Decision and guiding documents issued by the Ministry of Finance.

1. Cease the allocation of vehicles for use by individuals not entitled to vehicle usage and vehicles whose purchase price exceeds the prescribed limit in this Decision, and report to competent authorities for recovery or reallocation.

2. Reallocate existing vehicles under management and use in accordance with the standards and quotas, and implement internal transfers within the sector or locality from surplus to shortage areas compared to the standards and quotas.

Article 21. Heads of administrative agencies, public service organizations, and state-owned enterprises directly managing and using vehicles shall only use vehicles in accordance with the standards and quotas and manage and use vehicles within their agencies and units in compliance with current state regulations.

Article 22.

1. Individuals issuing decisions on vehicle procurement without authority, beyond standards and quotas, types, or price limits shall be subject to legal sanctions.

2. Agencies, organizations, and individuals improperly procuring, managing, and using vehicles for official purposes beyond the standards and quotas and exceeding the maximum price ceiling prescribed in this Decision shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and must compensate for losses if caused, in accordance with the law./.