Decree No. 166/2017/ND-CP stipulates standards, quotas, and management and usage regulations for state assets of Vietnamese agencies abroad.

 

DECREE

Regulations on standards, quotas, and management and use of state assets of Vietnamese agencies abroad Law on Government Organization

On the basis of The Government issues this Decree to regulate standards, quotas, and management and use of state assets of Vietnamese agencies abroad dated June 19, 2015;

On the basis of Law on Management and Use of State Property June 21, 2017;

At the proposal of the Minister of Finance;

1. This Decree regulates standards, quotas, and management and use of state assets of Vietnamese agencies abroad, including:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Office premises, public service facilities; housing; ambassadors' private residences;

b) Cars and other transportation vehicles;

c) Machinery and equipment;

d) Other assets as prescribed by law.

2. Management and use of assets exchanged based on Agreements or Arrangements between the Government of the Socialist Republic of Vietnam and the host country's government shall be carried out according to the provisions of such Agreements or Arrangements. In cases where investment construction, upgrading, renovation, maintenance, and repair during the usage period fall under the responsibility of the Vietnamese side, they shall be implemented in accordance with the provisions of this Decree.

1. Ministries, ministerial-level agencies, government agencies, central-level agencies (hereinafter referred to as ministries, central-level agencies) and People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees) that have Vietnamese agencies abroad.

Article 2. Applicability

2. Vietnamese agencies abroad.

3. Positions working at Vietnamese agencies abroad; including civil servants, public officials, contractual employees as prescribed by law.

4. Other entities related to the management and use of state assets of Vietnamese agencies abroad.

Article 3. Sources of formation of state assets of Vietnamese agencies abroad

1. State assets transferred in kind by the State.

2. Assets constructed, purchased, leased from the state budget, or other permitted funds according to the law.

1. Vietnamese agencies abroad include:

In this Decree, the following terms shall be understood as follows:

a) Representative offices are representative bodies of the Socialist Republic of Vietnam abroad as prescribed by law on representative bodies of the Socialist Republic of Vietnam abroad;

b) Other Vietnamese agencies abroad are agencies not part of the organizational structure of representative offices, receiving funding from the state budget or other permitted funds according to the law established by ministries, central-level agencies, and provincial People's Committees as prescribed by law.

2. Office premises of Vietnamese agencies abroad are land, office buildings, and other assets attached to the land serving the management activities of Vietnamese agencies abroad.

3. Public service facilities of Vietnamese agencies abroad are land, office buildings, public service works, and other assets attached to the land serving the management and provision of public services by Vietnamese agencies abroad.

4. Working area for positions is the maximum area determined for one workspace within office premises or public service facilities.

5. Ambassadors' private residences, heads of representative offices' private residences are land (if any), houses, and other assets attached to the land used for combined purposes of diplomatic work and housing for ambassadors, heads of representative offices (hereinafter referred to as ambassadors' private residences). The area of ambassadors' private residences includes the area for diplomatic work and housing area according to the standards and quotas prescribed in this Decree.

6. Housing for civil servants, public officials, and public employees is land (if any), houses, and other assets attached to the land used for housing for civil servants, public officials, and public employees of Vietnamese agencies abroad (hereinafter referred to as housing). Housing is arranged within the compound of office premises or public service facilities or independently from office premises or public service facilities of Vietnamese agencies abroad.

6. Residential property for officials, civil servants, and public employees consists of land (if any), houses, and other assets attached to the land used for housing purposes for officials, civil servants, and public employees of Vietnamese agencies abroad (hereinafter referred to as residential property). The residential property is arranged within the compound of the workplace, non-profit activity facilities, or independently from the workplace and non-profit activity facilities of Vietnamese agencies abroad.

1. The standards and norms for using state assets of Vietnamese agencies abroad stipulated in this Decree shall be used as a basis for planning and preparing budget estimates; allocating, investing in construction, purchasing, leasing assets, and cost-sharing for the use of state assets; managing, using, and disposing of state assets of Vietnamese agencies abroad.

2. The management and use of state assets of Vietnamese agencies abroad must comply with the standards, norms, and regulations issued by Vietnamese authorities and persons with competent authority according to this Decree and relevant laws.
The management and use of state assets of Vietnamese agencies abroad shall be applied in the following order:

a) International treaties to which the Socialist Republic of Vietnam and the host country are members;

b) Laws of the host country;

c) Laws of Vietnam.

3. In cases where a person holds multiple positions with different asset usage standards, the highest standard and norm shall apply. When a predecessor's term ends or they transfer jobs and the state assets provided have not yet met the conditions for disposal as prescribed, the successor shall continue to use them without providing new ones.

4. The procurement of state assets stipulated in this Decree shall be carried out in accordance with the provisions of the law and can only be procured if it has been allocated in the annual state budget estimate of Vietnamese agencies abroad.

5. In cases of transferring, reallocating, or receiving used state assets, the value of the state asset used as the basis for determining the standard and norm is the remaining value recorded in the accounting books.

6. The price level in the usage norms for state assets stipulated in this Decree includes all types of taxes payable according to the regulations of the host country, excluding insurance fees, various fees, and other revenues related to the use of state assets as prescribed by the host country; in cases where taxes are exempted, the amount of tax exempted must be calculated sufficiently to determine the usage norms for state assets.

7. The exchange rate conversion for foreign currencies shall be based on the Exchange Rate Table published by the State Bank of Vietnam at the time of allocation, investment in construction, purchase, lease, cost-sharing for the use of assets, and disposal of state assets.

8. The staffing levels to determine the standards and norms for using state assets of Vietnamese agencies abroad stipulated in this Decree shall be based on the approved staffing quotas of Vietnamese agencies abroad according to the provisions of the law.

9. Leasing assets and cost-sharing for the use of state assets must ensure greater economy and efficiency compared to allocation, investment in construction, and purchase of assets; ensuring conditions for diplomatic work and safeguarding state secrets as prescribed by the law on protecting state secrets. Leasing and cost-sharing funds shall be allocated within the annual state budget estimate assigned to Vietnamese agencies abroad.

Chapter II
STANDARDS, NORMS AND REGULATIONS FOR MANAGING AND USING OFFICE BUILDINGS, BUSINESS FACILITIES, HOUSING, AND EMBASSY HEADQUARTERS OF VIETNAMESE AGENCIES ABROAD

Section 1

STANDARDS AND NORMS

1. Office space and housing area standards for positions at Vietnamese agencies abroad where the host country has special relations or strategic partnerships:

2. Office space and housing area standards for positions at Vietnamese agencies abroad in countries not covered by Clause 1 of this Article:

3. The determination of Vietnamese agencies abroad subject to the standards and quotas prescribed in Clauses 1 and 2 of this Article shall be decided by the Ministry of Foreign Affairs based on the classification of diplomatic partners of the Government.

Article 7. Common Usage Area in Office Premises and Public Service Facilities

1. Common usage area refers to the area used to serve common activities in the office premises and public service facilities of Vietnamese agencies abroad, including: Meeting rooms; reception rooms; permanent duty rooms, security rooms; medical rooms; ordinary file and document storage rooms; telephone switchboard rooms; document copying rooms; dining halls, cafeterias; libraries; main lobby, secondary lobbies, corridors, balconies, and other necessary areas that do not belong to the office space of positions or specialized use areas as stipulated in Article 6 and Article 8 of this Decree.

Common usage area does not include the area occupied by columns, walls, technical boxes, staircases, parking garage areas; these parts are implemented according to construction standards.

2. The common usage area in office premises and public service facilities of Vietnamese agencies abroad shall be calculated as follows:

a) Up to 70% of the total office space of positions for Vietnamese agencies abroad with 30 people or more;

b) Up to 90% of the total office space of positions for Vietnamese agencies abroad with 15 to less than 30 people;

c) Up to 130% of the total office space of positions for Vietnamese agencies abroad with 5 to less than 15 people;

1. Specialized use areas include:

a) Diplomatic work support area, which is the area serving the reception of international guests, organizing protocol and ceremonial activities. Depending on specific conditions, the diplomatic work support area may be arranged either at the Ambassador's residence or at the office premises of the representative agency;

b) Specialized use areas not covered under point a of this clause such as: Negotiation rooms, exhibition rooms, traditional rooms, memorial rooms, and other specialized use areas (if any) at the office premises and public service facilities of Vietnamese agencies abroad.

MANAGEMENT AND USE REGIME

Article 9. Investment in construction and procurement of office premises, public service facilities, housing, and private residences for Ambassadors

Clause 1. Investment in construction and procurement of office premises, public service facilities, housing, and private residences for Ambassadors shall be carried out in the following cases:

Point a) There is no existing office premises, public service facilities, housing, or private residences for Ambassadors.

Point b) The area of office premises, public service facilities, housing, or private residences for Ambassadors currently available is insufficient compared to the standard and quota, affecting the performance of assigned tasks.

Point c) Office premises, public service facilities, housing, or private residences for Ambassadors are deteriorated and do not ensure safety for users.

Clause 3. Investment in construction and procurement of office premises, public service facilities, housing, and private residences for Ambassadors shall be implemented in accordance with the laws of the host country; in case the laws of the host country do not provide for this, it shall be implemented in accordance with the laws of Vietnam.

Article 10. Leasing of office premises, public service facilities, housing, and private residences for Ambassadors

Clause 1. Leasing of office premises, public service facilities, housing, and private residences for Ambassadors shall be carried out in the cases stipulated in Clause 1 of Article 32 of the Law on Management and Use of State Assets; for long-term leasing of 30 years or more, it shall be implemented in accordance with Clause 1 of Article 9 of this Decree.

Clause 2. The rental price of office premises, public service facilities, housing, and private residences for Ambassadors must be consistent with the rental price of similar houses and land in the local market of the host country, ensuring compliance with the standards and quotas specified in this Decree.

Clause 3. In the lease contract, if the lessor requires the lessee to pay a deposit, the overseas Vietnamese agency may temporarily advance funds for the deposit. The overseas Vietnamese agency is responsible for recovering and refunding the temporarily advanced funds and will be reimbursed for related expenses such as legal fees, brokerage fees, and other reasonable incidental costs (if any).

Clause 5. For long-term leasing of 30 years or more of office premises, public service facilities, housing, and private residences for Ambassadors, the procedures, formalities, and decision-making authority shall be carried out in accordance with the laws on public investment.

Article 11. Allocation of Housing Usage Expenses

Clause 1. Allocation of housing usage expenses shall be applied in cases where the overseas Vietnamese agency does not have housing to allocate to positions with corresponding standards and those positions have registered to implement the allocation.

Clause 2. The amount of allocation shall be determined based on the rental price of similar housing conditions in the local market of the host country, ensuring consistency with the housing area according to the standards and quotas specified in this Decree.

Clause 4. The allocated funds shall be paid to the recipient together with the monthly living allowance payment.

Clause 1. The renovation and upgrading of office premises, public service facilities, residences, and personal houses of Ambassadors shall be carried out according to the regulations and technical standards stipulated by the laws of the host country; in cases where the laws of the host country do not provide for such regulations, they shall be implemented in accordance with the laws of Vietnam.

In cases where office premises, public service facilities, residences, and personal houses of Ambassadors deteriorate, the Vietnamese agencies abroad shall prepare projects for renovation and upgrading and submit them to the competent authority specified in Clause 2 of this Article for approval.

Clause 2. The authority to decide on approving large-scale renovation and upgrading projects for office premises, public service facilities, residences, and personal houses of Ambassadors shall be carried out in accordance with the laws on public investment.

For regular renovation and minor renovation projects, the Minister, Head of central agencies, and Chairman of the Provincial People's Committee shall decide or delegate the decision to the Head of Vietnamese agencies abroad.

Article 13. Sale of office premises, activity bases, housing, and private residences of Ambassadors

Point a) The Prime Minister decides on the sale of assets that are office premises, public service facilities, residences, and personal houses of Ambassadors of Vietnamese agencies abroad under the provisions of point a, Clause 2, Article 22 of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Property (hereinafter referred to as Decree No. 151/2017/NĐ-CP), upon the proposal of the Minister, Head of central agencies, and Chairman of the Provincial People's Committee who have the assets for sale within their management scope and the written opinion of the Ministry of Finance.

Point b) The Minister, Head of central agencies, and Chairman of the Provincial People's Committee decide on the sale of office premises, public service facilities, residences, and personal houses of Ambassadors of Vietnamese agencies abroad within their management scope, which are not covered by the provisions of point a of this clause, after obtaining the written agreement of the Ministry of Finance.

3. The proceeds from the sale of office premises, activity bases, housing, and private residences of Ambassadors shall be deposited into the Temporary Holding Fund of the State Budget at Vietnamese agencies abroad, after deducting related expenses, shall be deposited into the State Budget. The funds already deposited into the State Budget shall be used for investment development purposes and prioritized in the budgetary expenditure plan according to the laws on the State Budget, laws on public investment, and other relevant laws to fund construction, upgrading, and renovation of office premises, activity bases, housing, and private residences of Ambassadors as approved by competent authorities.

Article 14. Liquidation of houses, works, and other assets belonging to office premises, activity bases, housing, and private residences of Ambassadors

1. The liquidation of houses, works, and other assets belonging to office premises, activity bases, housing, and private residences of Ambassadors shall be carried out in cases stipulated in Clause 1 of Article 45 of the Law on Management and Use of Public Assets. The liquidation shall be conducted in accordance with the laws of the host country; if the laws of the host country do not provide for such matters, they shall be implemented in accordance with the laws of Vietnam.

In cases where early liquidation is necessary before the prescribed time limit, the Minister, Head of central agencies, and Chairman of the Provincial People's Committee shall consider and decide after obtaining the written agreement of the Ministry of Finance.

4. The proceeds from the liquidation of houses, works, and other assets belonging to office premises, activity bases, housing, and private residences of Ambassadors shall be deposited into the Temporary Holding Fund of the State Budget at Vietnamese agencies abroad, after deducting related expenses, shall be deposited into the State Budget.

Article 15. Reorganization and Disposal of Office Premises, Activity Bases, Housing, and Private Residences of Ambassadors

1. Vietnamese agencies abroad shall reorganize and dispose of office premises, activity bases, housing, and private residences of Ambassadors in accordance with their assigned purposes of use; in compliance with standards and norms prescribed in this Decree and consistent with organizational structures as provided by law.

Reorganization and disposal plans shall be prepared for all office premises, public service facilities, residences, and personal houses of Ambassadors managed and used by Vietnamese agencies abroad, categorized by each area.

2. The reorganization of office premises, activity bases, housing, and private residences of Ambassadors shall aim to ensure independent use between office premises and activity bases on one hand, and housing and private residences on the other. In cases where independent use is not feasible, the area for work and housing space for positions shall be rearranged appropriately to ensure that it does not affect diplomatic activities.

Point a) Reporting to the Prime Minister for consideration and approval of the sale plan for office premises, public service facilities, residences, and personal houses of Ambassadors according to the authority prescribed in point a, Clause 2, of this Decree.

Point b) Approving the reorganization and disposal plans for office premises, public service facilities, residences, and personal houses of Ambassadors of Vietnamese agencies abroad not covered by the provisions of point a of this clause after obtaining the written agreement of the Ministry of Finance.

5. The proceeds from the reorganization and disposal of office premises, activity bases, housing, and private residences of Ambassadors shall be managed and utilized in accordance with Clause 3 of Article 13 or Clause 4 of Article 14 of this Decree.

Chapter III
STANDARDS, LIMITS, AND MANAGEMENT AND USE REGIMES FOR MOTOR VEHICLES AND OTHER TRANSPORT MEANS OF VIETNAMESE AGENCIES ABROAD

Section 1

STANDARDS AND NORMS

1. Standards and Quotas for the Use of Cars to Serve Official Duties:

a) Ambassadors and equivalent positions, Chargés d'Affaires, and Heads of Vietnamese Delegations to International Organizations may regularly use one car for official duties with a maximum price of 65,000 USD per car. Consuls General and equivalent positions may regularly use one car for official duties with a maximum price of 60,000 USD per car;

2. Standards and Quotas for the Use of Cars to Serve Common Official Duties:

a) Positions within diplomatic missions, depending on specific conditions and nature of work, shall be allocated cars for official duties according to the regulations of the Head of the Diplomatic Mission;

b) Based on the number of staff (excluding positions already equipped with cars under the provisions of Clause 1 of this Article), the Minister of Foreign Affairs shall decide on the allocation of cars to serve common official duties of the diplomatic mission according to the following quotas:

c) In cases where diplomatic missions have merged units, the quotas for the use of cars to serve common official duties of the merged units shall be determined corresponding to the number of staff of each unit according to the provisions of point b of this clause;

d) Price Levels:

- Each diplomatic mission may purchase one car with a maximum price of 45,000 USD per car.

- The remaining cars may be purchased with a maximum price of 35,000 USD per car.

3. In certain key areas, if it is necessary to equip cars with nine seats or more to serve foreign delegations, the Ministry of Foreign Affairs shall coordinate with the Ministry of Finance regarding the types and quantities of cars to be equipped for diplomatic missions. Cars equipped according to the provisions of this clause shall not be counted towards the quota for cars serving common official duties of the diplomatic mission as stipulated in Clause 2 of this Article.

1. Based on the number of staff of the agency, the standards and quotas for the use of cars to serve common official duties of other Vietnamese agencies abroad shall be determined as follows:

2. The maximum price of cars serving official duties of other Vietnamese agencies abroad is 35,000 USD per car.

In cases where due to the requirements of diplomatic activities of the State of Vietnam in certain countries or key areas, international relations necessitate the provision of cars for official duties at higher prices than those stipulated in Articles 16 and 17 of this Decree, then:

1. The Minister, Head of Central Agencies, and Chairman of Provincial People's Committees shall consider and decide on higher prices not exceeding 10% above the prices stipulated in this Decree;

3. In cases where it is necessary to provide cars for common official duties at higher prices over 20% above the prices stipulated in this Decree, the Minister of Finance shall report to the Prime Minister for consideration and decision based on written proposals from the Minister, Head of Central Agencies, and Chairman of Provincial People's Committees.

1. Based on economic and social conditions, geographical features, and specific requirements for operational activities in each country or territory; the Minister, Head of central agency, or Chairman of the Provincial People's Committee shall consider and decide on the provision of various types of transportation means (excluding cars) to serve the operations of Vietnamese agencies abroad within their jurisdiction, ensuring principles of economy, efficiency, and suitability with the permitted financial resources.

2. In cases where Vietnamese agencies abroad require purchasing other transportation means (excluding cars) at a price exceeding 30,000 USD, the Minister, Head of central agency, or Chairman of the Provincial People's Committee shall consider and decide after obtaining a written consensus from the Ministry of Finance.

Section 2

MANAGEMENT AND USE REGIME

Article 20. Purchase of Cars and Other Transportation Means

1. The purchase of cars and other transportation means shall be carried out in accordance with the provisions set forth in Clause 1 of Article 31 of the Law on Management and Use of State Property.

2. The Minister, Head of central agency, or Chairman of the Provincial People's Committee shall decide on the purchase of cars and other transportation means to serve the operations of Vietnamese agencies abroad within their jurisdiction based on the annual budget allocation, ensuring economy and efficiency.

Article 21. Rental of Cars and Other Transportation Means

1. The rental of cars and other transportation means shall be carried out in accordance with the provisions set forth in Clause 1 of Article 32 of the Law on Management and Use of State Property.

2. The rental prices for cars and other transportation means shall be consistent with the rental prices of equivalent means in the local market of the host country, ensuring compliance with standards and norms stipulated in this Decree.

Article 22. Maintenance and Repair of Cars and Other Transportation Means

1. The maintenance and repair of cars and other transportation means shall be conducted according to the regulations and technical standards prescribed by the laws of the host country; if such laws do not provide for these matters, they shall be carried out in accordance with the laws of Vietnam.

Article 23. Sale of Cars and Other Transportation Means

1. The sale of cars and other transportation means shall be carried out in accordance with the provisions set forth in Clause 1 of Article 43 of the Law on Management and Use of State Property. Such sales shall be conducted in accordance with the laws of the host country; if such laws do not provide for these matters, they shall be carried out in accordance with the laws of Vietnam.

3. The proceeds from the sale of cars and other transportation means, after deducting related expenses, shall be deposited into the National Treasury Temporary Holding Fund at Vietnamese agencies abroad and then transferred to the state budget.

Article 24. Liquidation and Replacement of Cars and Other Transport Vehicles

Where cars serving the positions meet the replacement conditions as prescribed but still ensure operational requirements, they shall be handled according to the provisions of Decision No. 151/2017/NĐ-CP.

2. Cars serving the common operations of Vietnamese agencies abroad shall be liquidated according to the regulations of the host country. In cases where the laws of the host country do not specify, they may be liquidated under the following circumstances:

a) Having been used for over ten years or operated for more than 200,000 kilometers;

b) Not yet expired but damaged beyond repair or repairs are ineffective (the estimated repair costs exceed 30% of the original price).

4. When there is an opportunity to renew cars serving the operations due to preferential treatment from the host country, the Head of the Vietnamese agency abroad shall report to the Minister, the Head of the central agency, and the Chairman of the Provincial People's Committee for consideration and decision within the allocated budget.

5. Other transport vehicles shall be liquidated according to the laws of the host country. In cases where the laws of the host country do not specify, they shall be handled according to the laws of Vietnam.

7. The proceeds from the liquidation of cars and other transport vehicles shall be deposited into the Temporary Holding Fund of the State Budget at the Vietnamese agency abroad, after deducting related expenses, shall be deposited into the State Budget.

Chapter IV
STANDARDS, QUOTAS AND MANAGEMENT REGIMES FOR THE USE OF EQUIPMENT, DEVICES AND OTHER ASSETS OF VIETNAMESE AGENCIES ABROAD

Section 1. STANDARDS AND QUOTAS

Article 25. Standards and Quotas for the Use of General Office Equipment and Devices

1. General office equipment and devices of Vietnamese agencies abroad include equipment and devices provided for positions and position offices.

2. The standards and quotas for general office equipment and devices for positions and position offices are detailed in Appendix I attached to this Decree.

a) Equipment and devices with technical standards meeting job requirements, commonly used in agencies and offices of the host country; avoiding purchasing high-standard equipment and devices that cause waste;

b) Prices of at least three suppliers listed and widely announced in the host country or information officially published by suppliers according to the laws of the host country, accessible through the Internet for equipment and devices with technical standards as specified in point a of this clause;

c) Suitability with the state budget capacity.

Article 26. Standards and Quotas for Machinery and Equipment Serving Common Activities

1. Machinery and equipment serving common activities of Vietnamese agencies abroad include:

a) Machinery and equipment installed in rooms serving common activities of Vietnamese agencies abroad;

b) Machinery and equipment attached to buildings, architectural structures, construction projects, and other machinery and equipment serving common activities of Vietnamese agencies abroad.

Article 27. Standards and Quotas for Specialized Machinery and Equipment

1. Specialized machinery and equipment of Vietnamese agencies abroad are those with higher performance, capacity, and configuration than commonly available office machinery and equipment, and other machinery and equipment serving specific tasks of Vietnamese agencies abroad.

For specialized machinery and equipment not meeting the criteria for fixed assets, the Head of Vietnamese agencies abroad shall decide on the provision of such equipment in accordance with functions, tasks, nature of work, usage needs, and permissible funding sources, ensuring economy and efficiency.

Article 28. Standards and Quotas for Living Equipment at Residential Houses of Ambassadors

2. Living equipment attached to residential houses of officials, civil servants, and employees at Vietnamese agencies abroad shall be implemented according to the provisions in Appendix II issued together with this Decree.

a) Living equipment meeting technical standards for daily use, commonly used in the host country, without purchasing equipment with high technical standards that cause waste;

b) Prices from at least three suppliers listed and widely announced in the host country or obtained through official information published by suppliers according to the laws of the host country via the Internet for living equipment meeting the technical standards specified in point a of this clause;

c) Compatibility with the state budget capability.

5. In cases where rented housing has been equipped with appropriate living equipment by the landlord, additional living equipment may be provided according to the provisions of this Decree.

Based on economic and social conditions and specific service requirements for work activities in each country or territory; the Minister, Head of Central Agency, or Chairman of the Provincial People's Committee shall consider and decide on the provision of other assets (excluding machinery and equipment specified in Articles 25, 26, 27, and 28 of this Decree) to serve the operations of Vietnamese agencies abroad within their management scope, ensuring the principles of thrift, efficiency, and suitability with the permitted budget capacity.

Section 2. MANAGEMENT AND USE REGIME

Article 30. Procurement of Machinery, Equipment, and Other Assets

Clause 1. The procurement of machinery, equipment, and other assets shall be carried out in cases prescribed in Clause 1 of Article 31 of the Law on Management and Use of Public Assets.

Article 31. Leasing of Machinery, Equipment, and Other Assets

Clause 1. The leasing of machinery, equipment, and other assets shall be carried out in cases prescribed in Clause 1 of Article 32 of the Law on Management and Use of Public Assets.

Clause 2. The rental price of machinery, equipment, and other assets shall be determined in accordance with the rental prices of similar machinery, equipment, and other assets in the local market of the host country, ensuring compliance with standards and norms stipulated in this Decree.

Article 32. Allocation of Operating Costs for Common Office Machinery and Equipment

Clause 1. The allocation of operating costs for common office machinery and equipment shall be implemented voluntarily and applied in the following cases:

Point a. Positions with standards and norms but not yet equipped with machinery and equipment according to those standards and norms;

Point b. Existing common office machinery and equipment that are damaged, unusable, or unsafe when used and meet the conditions for disposal.

Clause 2. The level of allocated operating costs for common office machinery and equipment shall be determined based on the following formula:

Where:

- The new purchase price of common office machinery and equipment is the prevailing market price (price listed or announced by suppliers in the host country or obtained from officially published information by suppliers under the laws of the host country through the Internet for machinery and equipment meeting technical standards) or reference prices from previous purchases, ensuring they do not exceed the ceiling price stipulated in Article 25 of this Decree.

- The usage period of common office machinery and equipment shall be determined according to the laws of the host country; if the host country’s laws do not specify, it shall be implemented according to Vietnam’s laws. For common office machinery and equipment not regulated by the laws of the host country or Vietnam, the usage period shall be calculated as five years.

Clause 4. Positions receiving allocated operating costs for common office machinery and equipment shall be responsible for self-provisioning, maintenance, and repair of machinery and equipment to ensure service requirements for work.

Clause 5. Allocated funds shall be paid to the recipients along with monthly subsistence allowances.

Article 33. Liquidation of machinery, equipment, and other assets

1. The liquidation of machinery, equipment, and other assets shall be carried out in accordance with the laws of the host country; in cases where the laws of the host country do not provide for such matters, they shall be carried out in accordance with the laws of Vietnam.

2. In cases where machinery, equipment, and other assets are related to state secrets or national preservation, their liquidation shall be carried out in accordance with relevant laws.

4. The proceeds from the liquidation of machinery, equipment, and other assets, after deducting related expenses, shall be deposited into the State Treasury Temporary Holding Fund at the Vietnamese agency abroad and then transferred to the State budget.

Chapter V
IMPLEMENTING PROVISIONS

Article 34. Implementation Provisions

1. This Decree takes effect from January 1, 2018.

2. Matters concerning the management and use of public assets of Vietnamese agencies abroad that are not specified in this Decree shall be implemented in accordance with the Law on Management and Use of Public Assets and guiding documents.

3. Abolish Decree No. 23/2010/NĐ-CP dated March 12, 2010 of the Government on the management and use of state assets of Vietnamese agencies abroad, Decision No. 08/2012/QĐ-TTg dated February 8, 2012 of the Prime Minister on standards, quotas, and management and use systems for office premises, activity bases, and housing of Vietnamese agencies abroad, Decision No. 30/2010/QĐ-TTg dated March 15, 2010 of the Prime Minister on the issuance of standards, quotas, and management and use systems for vehicles serving the work of Vietnamese agencies abroad, Circular No. 341/2016/TT-BTC dated December 29, 2016 of the Ministry of Finance on standards, quotas, and management and use systems for machinery and equipment of Vietnamese agencies abroad.

1. In cases where public assets of Vietnamese agencies abroad have been equipped in compliance with this Decree, they may continue to be used; in cases where public assets exceed the standards and quotas set forth in this Decree, the Vietnamese agency abroad shall report to the competent authority for handling according to the forms prescribed in the Law on Management and Use of Public Assets and Decree No. 151/2017/NĐ-CP.

2. In cases where ministries, central agencies, provincial People's Committees have issued standards and quotas for the use of specialized assets before the effective date of this Decree but remain consistent with the provisions of this Decree, they may continue to implement according to the issued standards and quotas.

Article 36. Responsibility for Implementation

1. The Ministry of Finance shall guide the organization and implementation of this Decree.

a) Decide or delegate authority to decide on the management and use of public assets of Vietnamese agencies abroad within their jurisdiction as stipulated in this Decree and related documents;

b) Direct, guide, and inspect Vietnamese agencies abroad within their jurisdiction to implement the management and use of public assets as stipulated in this Decree and related documents;

c) Inspect, audit, and handle violations of laws on the management and use of public assets of Vietnamese agencies abroad within their jurisdiction according to their authority;

d) Report and enter data on the situation of management and use of public assets of Vietnamese agencies abroad within their jurisdiction into the National Database on Public Assets according to the guidance of the Ministry of Finance.

3. Heads of Vietnamese agencies abroad are responsible for performing rights and obligations as prescribed in Article 23 of the Law on Management and Use of Public Assets.

4. Ministers, heads of central agencies, Chairmen of provincial People's Committees, heads of organizations and units, and positions working at Vietnamese agencies abroad are responsible for implementing this Decree.

Appendix I

STANDARDS AND QUOTAS FOR COMMON OFFICE EQUIPMENT FOR STAFF AT VIETNAMESE AGENCIES ABROAD

(Attached to Decree No. 166/2017/NĐ-CP dated December 31, 2017 of the Government)
Standards and Quotas

Seal Registration Certificate

3. Dining room desk and chair set

4. Document cabinet

(Attached to Decree No. 166/2017/NĐ-CP dated December 31, 2017 of the Government)
Standards and Quotas