Decision No. 1564/2001/QD-BTP On the issuance of the Regulation on standards and quotas for the use of official home telephones and mobile phones for civil servants in the Justice sector.

Pursuant to …;

Regarding the issuance of the Standard and Quota Regulation for the use of

home office phones and mobile phones

for officials and civil servants in the Justice Sector

______________

THE MINISTER OF JUSTICE

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government stipulating the functions, tasks, powers, and organization of the Ministry of Justice;

Pursuant to Decision No. 78/2001/QĐ-TTg dated May 16, 2001 of the Prime Minister on the issuance of the Regulation on Standards and Quotas for the use of home office phones and mobile phones for leaders in administrative agencies, public institutions, political organizations, and political-social organizations;

Pursuant to Circular No. 73/2001/TT-BTC dated August 30, 2001 of the Ministry of Finance guiding the implementation of the system for the use of home office phones and mobile phones for leaders in administrative agencies, public institutions, political organizations, and political-social organizations;

To ensure that the use of home office phones and mobile phones for officials and civil servants in the Justice Sector is in accordance with purpose, regulations, standards, quotas, economy, and effectiveness;

At the proposal of the Director of the Department of Planning and Finance,

DECISION:

Article 1. The Standard and Quota Regulation for the use of home office phones and mobile phones for officials and civil servants in the Justice Sector is hereby promulgated together with this Decision.

Article 2. This Regulation applies to provincial People's Courts, municipal People's Courts directly under the Central Government, local Enforcement Agencies, and units under the Ministry of Justice.

Article 3. This Decision takes effect from June 1, 2001. Any previous regulations of the Ministry of Justice that conflict with the Regulation issued together with this Decision are hereby abolished.

Article 4. The Heads of the Planning and Finance Department, the Director of the Ministry's Office, the Presidents of provincial and municipal People's Courts directly under the Central Government, the Directors of Provincial Departments of Justice, the Heads of local Enforcement Agencies, and the Heads of units under the Ministry shall be responsible for implementing this Decision./.

REGULATIONS

Standards and Quotas for the use of home office phones and mobile phones

for officials and civil servants in the Justice Sector
(Issued together with Decision No.: 1564/QĐ-BTP dated December

18, 2001 of the Minister of Justice)

________________

I - GENERAL PROVISIONS:

Article 1. Fixed-line home office phones and mobile phones provided to officials and civil servants in the Justice Sector as stipulated in this Regulation shall be purchased using state budget funds or other state-owned capital sources managed uniformly by the Ministry of Justice.

Article 2. Units having officials and civil servants who use fixed-line home office phones or mobile phones must manage them strictly according to the State Asset Management Regulation of the Ministry of Justice issued together with Decision No. 615/2000/QĐ-BTP dated July 14, 2000 of the Minister of Justice.

Article 3. Officials and civil servants who use fixed-line home office phones or mobile phones must use them for their intended purposes, in accordance with regulations, standards, and quotas, ensuring economy and effectiveness.

Article 4. The Planning and Finance Department is responsible for monitoring and inspecting the use of funds for purchasing telephones and the payment of telephone bills for fixed-line home office phones and mobile phones, ensuring compliance with the standards and payment levels specified in this Regulation, and regularly compiling reports to submit to the Minister and relevant authorities.

II - SPECIFIC PROVISIONS

Article 5. Officials and civil servants are equipped with one fixed-line home office phone and one mobile phone including:

1 - The Minister of Justice;

2 - Deputy Ministers of Justice;

3 - Presidents of provincial and municipal People's Courts directly under the Central Government, the Director of the Ministry's Office, the Inspector General, the Heads of Departments, the Heads of Divisions, the Institute Directors, the Chief Editors of the Democratic and Legal Journal, the Deans of the Hanoi Law University, the Directors of the Training Institutes for Judicial Positions, and equivalent positions.

4 - Professors recognized by the Vietnamese State meeting one of the following criteria:

- Awarded the Ho Chi Minh Prize by the State;

- Honored with the title of Hero of Labor or Hero of the People's Armed Forces by the State.

For retired Professors who still serve as the Head of a national-level or ministry-level scientific research project, if they meet one of the above criteria, they also fall within the scope of application of this Regulation.

Article 6. Officials and civil servants equipped with fixed-line home office phones and mobile phones will have the following initial costs reimbursed:

1 - For fixed-line phones:

a - The cost of purchasing a fixed-line phone not exceeding 300,000 VND per unit;

b - Installation costs: paid according to the installation contract signed with the postal service agency.

2 - For mobile phones:

a - The cost of purchasing a mobile phone not exceeding 3,000,000 VND per unit;

b - Installation costs: paid according to the installation contract signed with the postal service agency.

Article 7. The monthly reimbursement level for telephone usage fees (including rental fees) is as follows:

1 - For the Minister: the reimbursement level based on actual usage but not exceeding 300,000 VND per unit per month for fixed-line phones and not exceeding 500,000 VND per unit per month for mobile phones;

2 - For Deputy Ministers: the reimbursement level based on actual usage but not exceeding 200,000 VND per unit per month for fixed-line phones and not exceeding 400,000 VND per unit per month for mobile phones;

3 - For officials and civil servants specified in Clause 3, Point 4 of Article 5 of this Regulation: the reimbursement level not exceeding 100,000 VND per unit per month for fixed-line phones and not exceeding 250,000 VND per unit per month for mobile phones.

The above reimbursement levels are calculated and paid monthly and cannot be offset between months in a year. In special cases, officials and civil servants specified in Article 5 of this Regulation who are assigned by the Minister in writing to directly participate in search and rescue operations, flood prevention, and disaster relief work will have their telephone usage fees reimbursed based on actual usage as evidenced by postal service invoices during the period from when they receive the assignment decision (from the beginning of the month) until the completion of the task (to the end of the month).

Officials and civil servants who use telephone services beyond the prescribed usage fee levels must pay the excess amount themselves.

Article 8. In the case where officials and civil servants are provided with fixed-line office phones at their residences and mobile phones, when they transfer to new positions, upon retirement or cessation of duty, the following procedures shall be implemented:

1\. For officials and civil servants transferring to another agency where they continue to be entitled to use fixed-line office phones at their residences and mobile phones, the former agency shall transfer the phone usage contracts to the new agency for the new agency to settle the phone usage fees from the month the official or civil servant starts working there. The former agency shall settle the phone usage fees for the official or civil servant until the end of the month of transfer.

2\. For officials and civil servants who, upon assuming new duties, are not entitled to be provided with mobile phones, the managing agency shall recover the mobile phones that have been provided. As for fixed-line phones, if the official or civil servant wishes to continue using them, the agency shall process the transfer of the phone usage contract to the family so that the official or civil servant can settle the fees directly with the postal service. The managing agency shall settle the phone usage fees for the official or civil servant until the end of the month of assuming new duties.

3\. Leading officials falling under the categories specified in Clauses 1 and 2 of Article 5 of this Regulation, upon retirement or cessation of duty, shall continue to have their fixed-line office phone usage fees at their residences settled by the managing agency for a period of three months from the date of the retirement or cessation decision. After the three-month period, if the official or civil servant wishes to continue using the phone, the agency shall process the transfer of the phone usage contract to the family so that the official or civil servant can settle the fees directly with the postal service.

For mobile phones, the managing agency must recover them from the date of the retirement or cessation decision.

Article 9. Based on the nature and actual requirements of work, the following officials and civil servants may use mobile phone cards with a monthly settlement amount not exceeding 100,000 dong per device:

1\. Heads of Civil Enforcement Departments in localities;

2\. Secretary to the Minister;

3\. Deputy Director of the Ministry's Office responsible for the Southern region (in Ho Chi Minh City);

4\. Comrade responsible for reception and escort duties within the International Cooperation Department;

5\. Civil servants assisting Deputy Ministers;

6\. Comrades driving for Ministry Leaders.

If the aforementioned officials and civil servants have not yet been provided with mobile phones, they may purchase mobile phones not exceeding 2,000,000 dong per device.

Article 10. The funding for the initial installation and settlement of fixed-line office phone usage fees at residences and mobile phone usage fees for the officials and civil servants stipulated in Articles 5 and 9 of this Regulation shall be allocated in the annual state budget estimates of the relevant units.

Article 11. Heads of agencies and units are responsible for disseminating this Regulation to all officials and civil servants within their agencies and units.

The Head of the Planning and Finance Department is responsible for supervising, inspecting, guiding the implementation of this Regulation, and regularly reporting to the Ministry Leadership.