Joint Circular No. 234/2003/TTLT/BQP-BTC guiding the implementation of benefits and policies for the owners of means of transport directly mobilized to participate in training, exercises, readiness inspection for mobilization and combat readiness; reinforcement for the regular forces of the Military and service for other tasks.

JOINT CIRCULAR

Guidelines for implementing regulations and policies towards owners of vehicles

having vehicles mobilized directly to participate in training,

 exercises, readiness inspections for mobilization, combat readiness;

 strengthening the regular forces of the Military

and mobilizing to serve the above tasks

        - Based on the Ordinance on Reserve Mobilization Forces dated August 27, 1996;

    - Based on Article 18, 19, 21, 26, 27, 29 of Decree No. 39/CP dated April 28, 1997 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Reserve Mobilization Forces;

    The Ministry of National Defense and the Ministry of Finance provide guidelines for implementing regulations and policies towards owners of technical vehicles that are mobilized directly to participate in training, exercises, readiness inspections for mobilization, combat readiness; strengthening the regular forces of the Military when there is a need to protect localities, territorial sovereignty without reaching the level of partial mobilization and mobilizing to serve the above tasks as follows:

I- Object, scope of application

        1- Object:

    Owners of vehicles that are mobilized in the following cases:

    1.1- Vehicles mobilized directly to participate in training, exercises, readiness inspections for mobilization, combat readiness;

    1.2- Vehicles mobilized to strengthen the regular forces of the military as stipulated in Clause 2, Article 18 of the Ordinance on Reserve Mobilization Forces

    1.3- Vehicles mobilized to serve the above tasks.

2- Scope of application:

         This Circular guides the payment of repair costs, compensation for damage, and compensation for part of the value of profit for owners of mobilized vehicles as mentioned in Point 1.

II. Conditions for enjoying benefits and policies

    2.1- Vehicles mobilized according to plans decided by competent authorities and vehicles mobilized outside plans in emergency situations must be agreed upon in writing by direct superiors as stipulated in Article 21 of Decree No. 39/CP dated April 28, 1997 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Reserve Mobilization Forces.

    2.2- Vehicles must be of the type specified in the mobilization decision. In case of vehicle replacement, it must be agreed upon in writing by the authority issuing the mobilization decision and the replacement vehicle must be reported to the unit receiving the vehicle.

    2.3- There must be a handover record of the technical condition of the vehicle at the time of mobilization between the owner of the vehicle and the unit receiving the vehicle.

    2.4- During the period of mobilization, the vehicle must be used for its intended purpose; in case the vehicle is lost, destroyed, sunk with no possibility of recovery, or severely damaged with no possibility of restoration (hereinafter referred to as lost or destroyed), damaged, a record must be made between the owner of the vehicle and the military or local unit using the vehicle.

    In case the military unit uses the vehicle, the record must be confirmed by a battalion-level or higher authority.

    In case the local government uses the vehicle, the record must be confirmed by the People's Committee of the commune, ward, town, district, city under province for vehicles mobilized from communes, wards, towns, districts, cities under province; by the People's Committee of the province, centrally governed city for vehicles mobilized from provinces, centrally governed cities.

III- Regulations, policies, and procedures for payment to vehicle owners

    1- Regulations and policies for vehicle owners during the period of mobilization:

    1.1- Damaged vehicles will be repaired and restored to their original condition before mobilization;

    1.2- Lost or destroyed vehicles will be compensated for their remaining value at the time of mobilization;

    1.3- Vehicle owners will be compensated for part of the value of the profit generated by the vehicle.

    2- Basis for determining the amount to be paid:

    2.1- Based on the handover record of the technical condition of the vehicle between the owner of the vehicle and the unit receiving the vehicle at the time of mobilization;

    2.2- Based on the inspection records of the vehicle at the most recent inspection or periodic check;

    2.3- Based on the accounting records of the mobilized vehicle: original cost; remaining value (if any);

    2.4- Based on the record confirming the technical condition of the damaged vehicle between the owner of the vehicle (or the person operating the vehicle) and the unit using the vehicle or the record confirming the loss or destruction of the vehicle as stipulated in Section 4 of Part II of this Circular.

    3- Method of calculating the amount to be paid:

    3.1- The mobilizing agency must establish a Board to determine the repair costs or compensation and the amount of compensation for part of the value of the profit generated by the mobilized vehicle. The Board must have at least five members including representatives of the mobilizing agency; representatives of the units or localities using the vehicle (technical agencies, financial agencies); representatives of the owner of the vehicle or individual owner and representatives of the Department of Finance and Prices appointed by the head of the mobilizing agency as Chairman of the Board.

Based on the records and current status of the technical vehicle, the Board will determine the repair costs, restoration costs, or compensation (if any) and the amount of compensation for part of the value of the profit generated.

3.2- Determining repair costs, restoration costs, or compensation for vehicles:

Cost repair, restoration will be determined by the Board based on the condition of the vehicle before and after mobilization, based on the record confirming the technical condition of the damaged vehicle (as stipulated in Section 4 of Part II of this Circular).

In the case where the means of transport is lost or destroyed, based on the record confirming the loss or destruction of the means of transport (as stipulated in Section 4, Part II of this Circular), the Council shall determine the level of compensation equivalent to the remaining value of the means of transport recorded in the accounting books or shall be determined as follows:

(Time of Use - Time Already Used)

Remaining Value = Original Cost x

Usage period

Wherein:

Original Cost: The market price of similar means of transport at the time of mobilization;

Time of Use: Determined according to Article 15 of Decision No. 166/1999/QĐ-BTC dated December 30, 1999 issued by the Minister of Finance on the management, use, and depreciation of fixed assets.

Time Already Used: To be determined by the Council based on the report of the owner of the means of transport and the condition of the means of transport at the time of mobilization.

3.3- Determining the level of compensation for part of the profit value of the means of transport:

The owner of the means of transport shall be compensated for part of the profit value of the means of transport equivalent to the minimum annual depreciation rate of fixed assets as prescribed in Decision No. 166/1999/QĐ-BTC. Specifically:

Level of Compensation for Part of Profit Value = Minimum Annual Depreciation Rate x Number of Days Mobilized / 360 days

360 days

Number of Days Mobilized: Based on the decision to mobilize the means of transport by the competent authority.

Equipment

Minimum Annual Depreciation Rate = ___

Usage period

The method of determining the original cost and time of use is as prescribed in Point 3.2 above.

above.

4- Payment Procedures:

4.1- Repair and restoration costs of the means of transport shall be paid based on the level determined by the Council and the actual repair costs. When the means of transport is damaged, the owner of the means of transport or the unit using the means of transport must have the responsibility to send it for repair. Based on the repair contract and the actual financial invoice already paid, the finance department of the unit using the means of transport shall pay the repair costs but not exceeding 10% of the repair costs determined by the Council. At the latest within 30 days from the date of damage to the means of transport or the end of the mobilization period, the unit using the means of transport must pay the repair costs and compensate for part of the profit value to the owner of the means of transport.

4.2- Compensation costs for lost or destroyed means of transport shall be paid by the unit using the means of transport after the Council determines the level of compensation. At the latest within 45 days from the date of loss or destruction of the means of transport or the end of the mobilization period, the unit using the means of transport must pay the compensation amount to the owner of the means of transport and the compensation for part of the profit value of the means of transport.

5. Financial Guarantee:

5.1- The funds to ensure the repair of damaged means of transport, compensation for lost or destroyed means of transport, and compensation for part of the profit value of the means of transport for use in training and exercises under local budget.

5.2- The funds to ensure the repair of damaged means of transport, compensation for lost or destroyed means of transport, and compensation for part of the profit value of the means of transport for direct participation in training, exercises, and reinforcement of regular forces of the military under the annual budget allocated to the Ministry of National Defense.

5.3- In cases where individuals from military units or localities using the means of transport cause loss, destruction, or damage to the means of transport directly participating in training, exercises, and reinforcement of regular forces of the military and mobilized for such tasks, the individual shall bear full responsibility according to current laws.

5.4- In cases where the mobilized means of transport is insured, if it is damaged, destroyed, or lost during participation in training, exercises, or service for training and exercise tasks and falls within the scope of compensation by the insurance agency, the military or local units using the means of transport shall have the responsibility to act on behalf of the owner of the means of transport to receive the compensation payment from the insurance agency and remit it to the state budget.

IV. Implementation Organization

1- This Circular takes effect 15 days from the date of publication in the Official Gazette

2- During the implementation process, any difficulties encountered should be promptly reported to the Ministry of National Defense and the Ministry of Finance for study and resolution./.