Decree No. 171/2024/ND-CP amends and supplements certain articles of Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government on standards, quotas, and management and usage regulations for state assets of Vietnamese agencies abroad.

DECREE
Amending and supplementing some articles of Decree No. 166/2017/NĐ-CP

dated December 31, 2017 of the Government on standards, norms, and management and usage regimes for state assets

of Vietnamese agencies abroad

Of Vietnamese agencies abroad

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Management and Usage of State Assets dated June 21, 2017; the Law amending and supplementing some articles of the Securities Law, Accounting Law, Independent Audit Law, State Budget Law, Law on Management and Usage of State Assets, Tax Administration Law, Personal Income Tax Law, National Reserve Law, Administrative Violation Handling Law dated November 29, 2024;

Pursuant to the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009; the Law amending and supplementing some articles of the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated November 21, 2017;

At the proposal of the Minister of Finance,

The Government promulgates this Decree amending and supplementing some articles of Decree No. 166/2017/NĐ-CP dated December 31, 2017 of the Government on standards, norms, and management and usage regimes for state assets of Vietnamese agencies abroad.

Article 1. Amending and supplementing some articles of Decree No. 166/2017/NĐ-CP dated December 31, 2017 of the Government on standards, norms, and management and usage regimes for state assets of Vietnamese agencies abroad

1. Amending Clause 2, Clause 5, Clause 6 of Article 4 and supplementing Clause 2a, Clause 7, Clause 8 into Article 4 as follows:

"2. The office premises of Vietnamese agencies abroad are land, office buildings, and other assets attached to the land serving the activities according to the assigned functions and tasks of Vietnamese agencies abroad.

2a. A dispatched unit with separate operating funds belonging to the representative agency (hereinafter referred to as the dispatched unit) is a unit whose regular operating expenses are not allocated by the Ministry of Foreign Affairs but are allocated by the agency that dispatches its staff according to the laws on agencies representing the Socialist Republic of Vietnam abroad.

5. The residence of the Ambassador is land (if any), house, and other assets attached to the land used for combined purposes of diplomatic work and housing for the Ambassador, Head of Mission of Vietnam at international organizations, Consul General, and equivalent positions. The area of the Ambassador's residence includes the area for diplomatic work and the housing area for the Ambassador, Head of Mission of Vietnam at international organizations, Consul General, equivalent positions, and accompanying members according to the standards and norms prescribed in this Decree.

6. Housing for officials, civil servants, and employees is land (if any), house, and other assets attached to the land used for housing for officials, civil servants, and employees of Vietnamese agencies abroad (hereinafter referred to as housing). The housing area for each position includes the housing area for officials, civil servants, and employees and the housing area for accompanying members according to the standards and norms prescribed in this Decree. Housing can be arranged within the compound of the office premises, non-profit facilities, or independently from the office premises, non-profit facilities of Vietnamese agencies abroad.

7. The Minister, Head of Central Agency to determine authority and responsibility under this Decree shall be defined as follows:

a) The Minister of Foreign Affairs: For representative agencies (excluding dispatched units under representative agencies as stipulated in Clause 2a of this Article);

b) The Minister, Head of Central Agency of other Vietnamese agencies abroad, dispatched units under representative agencies: For other central-managed Vietnamese agencies abroad, dispatched units under representative agencies.

8. Accompanying members as prescribed in this Decree are spouses, minor children accompanying members of Vietnamese agencies abroad."

"5. In cases where used state assets are transferred, reallocated, or received, the asset value used as the basis for determining standards and norms is the remaining value according to accounting records, except in cases prescribed in Clause 14 of this Article.

6. The provisions on price levels in the usage norms for state assets prescribed in this Decree shall be implemented according to Clause 1 of Article 24 of the Law on Management and Usage of State Assets; it does not include insurance fees, various types of fees, and other payments related to the use of state assets according to the regulations of the host country. In cases where taxes, fees, charges, and other payments are not required or exempted according to the laws of the host country, corresponding procurement funds will not be allocated for the amounts not required or exempted.

10. The head of the representative agency is responsible for arranging assets equipped to serve the work of officials, civil servants, and employees of the Ministry of Foreign Affairs and other officials, civil servants, and employees of relevant agencies working under the dispatch system in investment, labor, culture, science and technology fields, and other fields under the representative agency (excluding officials, civil servants, and employees under the dispatched unit as stipulated in Clause 2a of Article 4 of this Decree).

11. The quantity of assets, working area, housing area, and price level prescribed in this Decree are the maximum quantities, areas, and price levels. Based on the needs to use assets to fulfill assigned tasks and budget capacity, other permissible funding sources according to the law, the competent authority deciding on the transfer, reallocation, construction, procurement, or rental of assets shall consider and decide on appropriate quantities of assets, areas, and price levels, ensuring economy and efficiency.

12. The annual depreciation rate (%) for vehicles of Vietnamese agencies abroad:

a) For vehicles serving the work of positions is 16.67%/year;

b) For vehicles serving common work is 10%/year.

13. In cases where Vietnamese agencies abroad directly subordinate to units permitted to apply financial mechanisms similar to enterprises, they shall implement the provision on depreciation of fixed assets as prescribed.

14. The Minister of Finance shall decide (in cases of transferring motor vehicles between ministries, central agencies, between the central government and localities, and between provinces and centrally-administered cities), the Minister, Head of a central agency, or the Provincial People's Council shall decide or delegate authority to decide (in cases of transferring motor vehicles between Vietnamese agencies abroad under the management of ministries, central agencies, or localities) on the transfer of used motor vehicles with remaining book value or re-evaluated value according to the provisions of this Decree, not exceeding the maximum price specified in this Decree or higher than 15% compared to the maximum price stipulated in this Decree. In necessary cases, upon the proposal of the Minister, Head of a central agency, or the Chairman of the People's Committee of the province concerned, the Prime Minister may examine and decide on the transfer of used motor vehicles with remaining value or re-evaluated value higher than 15% compared to the maximum price stipulated in this Decree.

3. Supplement Article 5a following Article 5 as follows:

"Article 5a. Reorganization and disposal of state assets of Vietnamese agencies abroad

Vietnamese agencies abroad shall conduct an inventory of existing assets to ensure compliance with standards and norms set forth in this Decree; based on that, they shall proceed as follows:

1. For assets that comply with the standards and norms prescribed in this Decree, they shall continue to be managed and used; representative offices, dispatched units, and other Vietnamese agencies abroad with such assets shall fully record and account for physical items and values in accordance with the law.

2. For assets exceeding the standards and norms, Vietnamese agencies abroad shall report to the competent authorities for handling in accordance with the forms prescribed by laws on the management and use of state assets and the provisions of this Decree.

4. Amending Clause 6 as follows:

"Article 6. Standards and norms for the use of office space and residential area

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

3. Determination of Vietnamese agencies abroad subject to the application of standards and norms prescribed in paragraphs 1 and 2 of this Article shall be based on the classification of diplomatic partners of the Government.

4. In cases where the area of each office room, each apartment in the headquarters, existing housing fund, or rental market for office spaces and residences in the area requiring new rentals does not have rooms or apartments with exactly the same area as the maximum area prescribed in paragraphs 1 and 2 of this Article, the Minister, Head of a central agency, or the Provincial People's Council shall decide or delegate authority to decide to adjust the allocation area or rent new ones for each position to suit the actual situation but must ensure that the total allocated or rented area for all positions does not exceed the total office area or total residential area for all positions calculated according to the standards for office space and residential area prescribed in paragraphs 1 and 2 of this Article in each area.

5. Amend Point d Clause 2 Article 7 as follows:

"d) Up to a maximum of 150% of the total office space for positions at Vietnamese agencies abroad with fewer than five people, but ensuring a minimum of 30 m² of floor space."

6. Amend Article 8 as follows:

"Article 8. Special-purpose area within office premises, activity bases, and private residences of Ambassadors

1. The special-purpose area includes:

a) The area for foreign affairs work is the area for receiving international guests, organizing reception and ceremonial activities. Depending on specific conditions, the area for foreign affairs work may be arranged at the office premises of the representative agency or in the Ambassador's private residence, or simultaneously at both locations.

b) Other special-purpose areas not included in point a of this clause include: negotiation rooms, exhibition areas, sample display areas, traditional rooms, memorial rooms, and other special-purpose areas (if any) at the office premises and activity bases of Vietnamese agencies abroad.

2. Based on the provisions of Clause 1 of this Article, the decision to apply specific standards and norms for special-purpose areas of each Vietnamese agency abroad shall be carried out according to the provisions of Clause 4 and Clause 5 of Article 26 of the Law on Management and Use of Public Assets.

3. In cases where a dispatched unit under the representative agency requires the use of the area for foreign affairs work at the office premises of the representative agency to receive international guests and organize reception and ceremonial activities, the head of the representative agency shall consider and arrange for the dispatched unit to use the area for foreign affairs work as specified in point a of Clause 1 of this Article in accordance with the function of the asset, ensuring security and safety, and collecting a fee to cover direct costs related to the operation of the asset during its use in accordance with the regulations on joint use of public assets as stipulated in the Government Decree detailing certain provisions of the Law on Management and Use of Public Assets.

7. Amend Clause 2 of Article 9 as follows:

"2. The procedures, formalities, and authority to decide on investment construction, procurement of office premises, activity bases, housing, and private residences of Ambassadors of Vietnamese agencies abroad shall be carried out in accordance with relevant laws."

8. Amend Article 12 as follows:

"Article 12. Maintenance, Repair, Renovation, Upgrading, and Expansion of Office Premises, Activity Bases, Housing, and Private Residences of Ambassadors

Maintenance, repair, renovation, upgrading, and expansion of office premises, activity bases, housing, and private residences of Ambassadors shall be carried out 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 carried out in accordance with the laws of Vietnam.

"Article 12a. Transfer of Office Premises, Activity Bases, Housing, and Private Residences of Ambassadors

1. The transfer of office premises, activity bases, housing, and private residences of Ambassadors shall be carried out in the cases provided for in Clause 1 of Article 42 of the Law on Management and Use of Public Assets.

2. Decision-making authority:

a) The Minister of Finance decides on the transfer of office premises, activity bases, housing, and private residences of Ambassadors between ministries, central agencies, between the central government and localities, and between provinces and centrally-administered cities based on the proposal of the Minister, the head of the central agency, and the Chairman of the People's Committee of the province concerned;

b) The Minister or the head of the central agency decides or delegates the decision-making authority to transfer office premises, activity bases, housing, and private residences of Ambassadors among agencies, organizations, and units under their management;

c) The Provincial People's Council decides or delegates the decision-making authority to transfer office premises, activity bases, and housing among agencies, organizations, and units under the management of the locality.

10. Amend Clause 1 and Clause 2 of Article 13 as follows:

"1. The sale of office premises, activity bases, housing, and private residences of Ambassadors shall be carried out in the cases provided for in Clause 1 of Article 43 of the Law on Management and Use of Public Assets. The sale shall be carried out in accordance with the laws of the host country;

2. The Minister or the head of the central agency decides on the sale of office premises, activity bases, housing, and private residences of Ambassadors under their management; the Provincial People's Council decides or delegates the decision-making authority to sell office premises, activity bases, and housing under the management of the locality."

"2. Decision-making authority:

a) The Minister or the head of the central agency decides or delegates the decision-making authority to liquidate houses, works, and other assets attached to land at office premises, activity bases, housing, and private residences of Ambassadors under their management;

b) The Provincial People's Council decides or delegates the decision-making authority to liquidate houses, works, and other assets attached to land at office premises, activity bases, and housing under the management of the locality.

3. Based on the decision to liquidate assets by the competent authority, the agency with the assets to be liquidated shall organize the liquidation 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 carried out in accordance with the laws of Vietnam."

12. Amend Clause 3 and Clause 4 of Article 15 as follows:

"3. In case of improper use, the Minister or the head of the central agency, the Chairman of the People's Committee of the province shall terminate the improper use; at the same time, handle the responsibility of organizations and individuals involved in accordance with relevant laws. Vietnamese agencies abroad shall be responsible for depositing all proceeds from sales into the Temporary Holding Fund of the State Budget at Vietnamese agencies abroad.

In case office premises, activity bases, housing, and private residences of Ambassadors have been equipped but are no longer needed, they shall be sold or transferred to other Vietnamese agencies abroad. The sale and transfer shall be carried out in accordance with the provisions of Article 12a and Article 13 of this Decree.

4. Overseas Vietnamese agencies shall develop plans to reorganize and handle office premises, public service facilities, residences, and personal houses under their management and use, and report to the Minister, Head of central agencies, and Provincial People's Committees for approval of the plans to reorganize and handle office premises, public service facilities, residences, and personal houses of overseas Vietnamese agencies (except in cases stipulated in point a, Clause 2, Article 12a of this Decree).

"Article 16. Types, quantities, prices of cars, and subjects using cars of representative offices

1. For cars serving the work of officials:

a) Ambassadors and equivalent positions, Chargés d'Affaires, and Chiefs of Vietnamese delegations to international organizations may regularly use 01 car for work purposes with a maximum price not including taxes being 90,000 USD per car. Consuls General and equivalent positions may regularly use 01 car for work purposes with a maximum price not including taxes being 85,000 USD per car;

b) Based on the price level and requirements for diplomatic activities in each country, territory, and the maximum car price specified in point a of this clause, the Ministry of Foreign Affairs shall decide on the type, brand, and price of suitable cars to equip for work purposes for the officials specified in point a of this clause.

2. For cars serving the common work of representative offices (excluding detached units):

a) Officials of representative offices, depending on specific conditions and nature of work, shall be allocated cars for work purposes according to the regulations of the Head of the representative office;

b) The number of cars serving the common work is as follows:

The number of staff used to determine the number of cars specified in this point does not include positions already equipped with cars according to the provisions of Clause 1 of this Article;

c) In cases where representative offices have merged units, the usage standards for cars serving the common work 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) Car prices:

01 car with a maximum price not including taxes being 55,000 USD per car;

Remaining cars with a maximum price not including taxes being 45,000 USD per car.

3. For cars serving the common work of detached units within representative offices:

a) Officials of detached units within representative offices, depending on specific conditions and nature of work, shall be allocated cars for work purposes according to the regulations of the Minister, Head of central agencies;

b) The number of cars serving the common work is as follows:

c) Car prices:

01 car with a maximum price not including taxes being 55,000 USD per car;

Remaining cars with a maximum price not including taxes being 45,000 USD per car.

4. Cars specified in Clauses 1, 2, and 3 of this Article are passenger cars from 4 to 16 seats (including pick-up trucks).

5. In cases where it is necessary to equip cars over 16 seats to serve foreign delegations, the Minister, Head of central agencies shall consider and decide. Cars equipped according to the provisions of this clause shall not be counted towards the number of cars serving the work of officials, cars serving the common work of representative offices, and detached units according to the standards set out in Clauses 1, 2, and 3 of this Article.

14. Amend Article 17 as follows:

"Article 17. Types, quantities, prices of cars and subjects using cars to serve the common work of other Vietnamese agencies abroad

1. Positions of other Vietnamese agencies abroad shall be allocated cars to serve their work according to specific conditions and nature of tasks as stipulated by the Minister, Head of central agency, or Provincial People's Committee.

2. The quantity of cars serving common work is as follows:

3. Cars specified in Clause 2 of this Article are cars with seating capacity from 4 to 16 seats (including pick-up trucks).

4. The maximum price of cars not including various taxes is 45,000 USD per car."

15. Amend Article 18 as follows:

"Article 18. Adjusting the price of cars

In case the market price of cars increases,

1. The Minister, Head of central agency, or Provincial People's Committee shall consider and decide on the price of cars not including various taxes to be no more than 15% higher than the maximum price stipulated in Articles 16 and 17 of this Decree.

2. In case it is necessary to equip cars with a price not including various taxes exceeding 15% higher than the maximum price stipulated in Articles 16 and 17 of this Decree, the Minister, Head of central agency, or Provincial People's Committee shall report to the Prime Minister for consideration and decision."

16. Amend Article 19 as follows:

"Article 19. Equipping other transportation means

Based on economic and social conditions, geographical features, and specific requirements for serving activities at each country or territory; the Minister, Head of central agency, or Chairman of Provincial People's Committee shall consider and decide on equipping other types of transportation means (excluding cars) to serve the work of Vietnamese agencies abroad under their management, ensuring principles of thrift, efficiency, and suitability with the permitted budget."

17. Amend Clause 2 of Article 27 as follows:

"2. According to the provisions of Clause 1 of this Article, the decision to apply specific standards and quotas for specialized machinery and equipment of each Vietnamese agency abroad shall be implemented according to Clauses 4 and 5 of Article 26 of the Law on Management and Use of Public Assets."

18. Amend Clause 1 of Article 28 as follows:

"1. Living equipment provided for positions working at Vietnamese agencies abroad and accompanying members with standard allowances includes equipment attached to housing or residences of Ambassadors, such as air conditioners, sets of desks and chairs for work, sets of desks and chairs for receiving guests, dining tables and chairs, document cabinets, televisions, landline phones, wardrobes, beds, mattresses, refrigerators, washing machines, microwave ovens, integrated kitchen cabinets (including kitchen cabinets, sinks, faucets, stoves, exhaust hoods), hot water tanks, vacuum cleaners, and other equipment (if needed)."

"2. The Minister, Head of central agency, or Chairman of Provincial People's Committee shall be responsible for:

a) Directing and guiding Vietnamese agencies abroad under their management to implement the management and use of office premises, public service facilities, housing, residences of Ambassadors; cars, other transportation means; machinery, equipment, and other assets of Vietnamese agencies abroad (including rented premises of Vietnamese agencies abroad) in accordance with this Decree and related documents;

b) Organizing inspections, handling violations of laws on the management and use of public assets of Vietnamese agencies abroad under their management within their authority;

c) Directing the implementation of reports and data entry on public assets of Vietnamese agencies abroad under their management into the National Database on Public Assets according to the guidance of the Ministry of Finance;

d) Implementing other tasks and powers as stipulated in this Decree and relevant laws.

2a. The Provincial People's Council decides or delegates authority to decide on the management and use of public assets within its jurisdiction according to Clause 2 of Article 17 of the Law on Management and Use of Public Assets."

Article 2. Supplementing, replacing, and abolishing certain provisions of Decree No. 166/2017/NĐ-CP dated December 31, 2017 of the Government on standards, quotas, and management and usage regulations for state assets of Vietnamese agencies abroad.

1. Replacing certain phrases in the following Articles and Clauses:

a) Replacing the phrase "Minister, Head of Central Agency, Chairman of Provincial People's Committee decides or delegates authority to the Head of Vietnamese Agency Abroad to decide" with the phrase "Minister, Head of Central Agency, Provincial People's Council decides or delegates decision-making authority" in Clause 4 Article 10, Clause 3 Article 11, Clause 2 Article 23, Clauses 4 and 5 Article 25, Clause 2 Article 26, Clause 3 Article 27, Clauses 4 and 6 Article 28, Clause 3 Article 32;

b) Replacing the phrase "Head of Vietnamese Agency Abroad decides" with the phrase "Minister, Head of Central Agency, Provincial People's Council decides or delegates decision-making authority" in Clause 3 Article 21, Clause 2 Article 22, Clause 6 Article 24, Clause 4 Article 27, Clause 3 Article 31, Clause 3 Article 33;

c) Replacing the phrase "Minister, Head of Central Agency, Chairman of Provincial People's Committee decides" with the phrase "Minister, Head of Central Agency, Provincial People's Council decides or delegates decision-making authority" in Clause 3 Article 25, Clause 3 Article 28;

d) Replacing the phrase "Minister, Head of Central Agency, Chairman of Provincial People's Committee examines and decides" with the phrase "Minister, Head of Central Agency, Provincial People's Council decides or delegates decision-making authority" in Article 29;

đ) Replacing the phrase "Minister, Head of Central Agency, Chairman of Provincial People's Committee decides or delegates decision-making authority" with the phrase "Minister, Head of Central Agency, Provincial People's Council decides or delegates decision-making authority" in Clause 2 Article 30.

2. Replacing Appendix I and Appendix II.

3. Abolishing Clause 3 Article 24, Article 35.

Article 3. Implementation Provisions

1. This Decree takes effect from January 1, 2025.

2. Transitional Provisions

a) In cases where ministries, central agencies, provincial people's committees have issued standards and quotas for the use of specialized assets before this Decree takes effect and such standards and quotas remain consistent with the provisions of this Decree, they shall continue to implement according to the issued standards and quotas;

b) For construction projects of office premises, public service facilities, housing, and private residences of Ambassadors that have been approved by competent authorities in accordance with regulations prior to the effective date of this Decree but have not yet commenced construction, the competent authority deciding on investment construction may choose to continue implementing the project according to the approved plan or adjust the investment project to comply with the standards and quotas set out in this Decree, ensuring that the total investment does not change due to adjustments in area. The adjustment of the investment project shall be carried out in accordance with laws on public investment and related laws;

c) In cases where housing is currently being rented according to the quota stipulated in Decree No. 166/2017/NĐ-CP, it shall continue to be used until the end of the lease term specified in the signed lease contract. After the lease term expires without renewal, based on the budget estimate allocated and other permissible funding sources under the law, the competent authority deciding on asset leasing shall consider and decide on renting housing according to the standards and quotas stipulated in this Decree.

3. Minister, Head of Central Agency, Chairman of Provincial People's Committee, Heads of Agencies, Organizations, Units, and personnel working at Vietnamese Agencies Abroad shall be responsible for implementing this Decree.

ANNEX I

STANDARDS AND QUOTAS FOR COMMON OFFICE EQUIPMENT FOR STAFF WORKING AT VIETNAMESE AGENCIES ABROAD
(Attached to Decree No. 171/2024/NĐ-CP dated December 27, 2024 of the Government)

 

ANNEX II

STANDARDS AND QUOTAS FOR LIVING EQUIPMENT AT VIETNAMESE AGENCIES ABROAD
(Attached to Decree No. 171/2024/NĐ-CP dated December 27, 2024 of the Government)