Decision No. 32/2015/QĐ-TTg stipulates standards, quotas, and management and usage regulations for automobiles in state agencies, public service units, and state-owned enterprises. This decision applies to high-level and mid-level leadership positions with specific standards and quotas regarding car purchase prices, replacement periods, and detailed regulations on automobile management and usage.
Đối tượng áp dụng
State agencies, public service units, project management boards using state capital, and wholly state-owned limited liability companies.
Các điểm cốt lõi
- High-level and mid-level leadership positions use automobiles according to specific standards and quotas regarding car purchase prices and replacement periods (Articles 3-7).
- The maximum price for purchasing an automobile for other positions is 1.1 billion VND per vehicle (Article 4), 920 million VND per vehicle (Article 5), and 720 million VND per vehicle (Article 7).
- Agencies, organizations, and units are equipped with automobiles according to specific standards and quotas, managing vehicles through two forms: continuing agency management or leasing automobile services (Article 12).
- Leadership positions with automobile usage standards are allocated funds to self-provide transportation means based on distance and public transport rates (Article 14).
- Purchasing, managing, and using automobiles must comply with regulations on thrift, waste prevention, and relevant laws (Article 20).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensures efficient management and usage of automobiles, avoiding wastage of state assets.
- Negative impact: May impose financial burdens on some agencies and organizations due to the need to purchase new vehicles as prescribed.
❓ Câu hỏi thường gặp
Which positions are eligible to use automobiles?
High-level leadership positions such as the General Secretary of the Central Committee of the Communist Party, President, Prime Minister, and Chairman of the National Assembly (Article 3). Other positions have specific standards regarding car purchase prices and replacement periods (Articles 4-7).
What is the maximum price for purchasing an automobile?
High-level leadership positions can use automobiles with a maximum purchase price of 1.1 billion VND per vehicle (Article 4), while other positions range from 920 to 720 million VND per vehicle (Articles 5, 7).
What regulations govern automobile management?
Agencies are equipped with automobiles according to specific standards and quotas and may manage vehicles through two forms: continuing agency management or leasing automobile services (Article 12).
Which positions are allocated funds for automobile usage?
Positions with automobile usage standards when traveling on official business as stipulated in this Decision (Article 14).
How are violations in automobile purchasing, management, and usage penalized?
Individuals making procurement decisions beyond their authority or not adhering to standards and quotas must compensate for losses and be subject to disciplinary action (Article 20).
Toàn văn
|
PRIME MINISTER ______________ |
SOCIALIST REPUBLIC OF VIET NAM _________________ |
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Number: 32/2015/QĐ-TTg |
Hanoi, August 4, 2015 |
Pursuant to …;
Regulations on standards, quotas, and management and usage regimes for automobiles in state agencies, public service units, and wholly state-owned limited liability companies
__________________
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on State Budget dated December 16, 2002;
Pursuant to the Law on Management and Use of State Property dated June 3, 2008;
Pursuant to the Law on Thrift and Combating Wastefulness dated November 26, 2013;
Pursuant to Decree No. 52/2009/NĐ-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Management and Use of State Property;
At the proposal of the Minister of Finance,
The Prime Minister issues this Decision to regulate standards, quotas, and management and usage regimes for automobiles in state agencies, public service units, and wholly state-owned limited liability companies.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decision regulates standards, quotas, and management and usage regimes for means of transportation that are automobiles; cost-sharing systems for automobile usage serving work in state agencies, political organizations, social-political organizations funded by the state budget, public service units (hereinafter referred to collectively as agencies, organizations, and units), project management boards using state funds (hereinafter referred to collectively as project management boards), and wholly state-owned limited liability companies (hereinafter referred to collectively as state-owned companies).
2. Automobiles within the scope regulated by this Decision include vehicles from 4 to 16 seats, specialized automobiles formed from state budget funds, with state budget origins, or state-owned company funds (including aid, gifts, donations from domestic and foreign organizations and individuals, or established ownership rights of the State according to the provisions of the law...).
3. For automobiles at agencies and units under the Ministry of National Defense and the Ministry of Public Security; vehicles serving the work of Vietnamese agencies abroad and vehicles serving state diplomatic receptions shall be implemented according to separate regulations of the Prime Minister.
Article 2. Principles for equipping, arranging, and using automobiles to serve work
1. The State ensures the provision of automobiles to serve work for agencies, organizations, units, project management boards, and state-owned companies according to the provisions of this Decision. Based on the standards and quotas stipulated in this Decision, agencies, organizations, units, project management boards, and state-owned companies arrange automobiles to serve work in accordance with the prescribed regulations.
2. In cases where an official holds multiple positions with automobile usage standards, the highest position standard will apply. When the predecessor retires or transfers to another job and the provided automobile does not meet the replacement conditions stipulated in Clause 5 of this Article, the newly appointed person continues to use the predecessor's automobile without obtaining a new one.
3. Strictly prohibit the use of automobiles regulated by this Decision for personal purposes; selling, exchanging, giving away, lending, pledging, mortgaging, or transferring to any organization or individual without permission from the competent state authority according to the law.
4. The purchase price of automobiles according to this Decision includes all types of taxes required by law; it does not include land transfer fees, license plate issuance fees, insurance premiums, inspection fees, and road maintenance fees related to automobile usage. In cases where automobiles are exempted from taxes, the exempted tax amount must be calculated to determine the standards and quotas. In cases of transfer or acceptance, the automobile price used as the basis for determining standards and quotas is the remaining value of the automobile.
5. Automobiles equipped for positions specified in Articles 3 and 4 of this Decision are replaced based on work requirements; automobiles equipped for positions specified in Articles 5, 6, and 7 of this Decision are replaced when they have been used beyond the prescribed period or have traveled at least 250,000 kilometers (for mountainous areas, remote regions, islands, and particularly difficult regions, 200,000 kilometers) and cannot continue to be used or are damaged and cannot ensure safe operation according to the inspection of the competent authority. Replaced automobiles are handled according to the law on the management and use of state assets.
6. The purchase of automobiles regulated by this Decision must comply with the legal provisions on the procurement of state assets and can only be procured if already allocated in the approved budget.
Chapter II
STANDARDS, QUOTAS, AND REGIMES FOR THE EQUIPMENT AND USE OF AUTOMOBILES TO SERVE WORK
Article 3. The positions that are regularly assigned one car, including after retirement, do not specify a specific price.
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.
Article 4. The positions that are regularly assigned one car during their term of service.
1. Members of the Politburo, Secretaries of the Central Committee of the Communist Party, Vice Presidents, Vice Prime Ministers, Vice Chairpersons of the National Assembly, Chairpersons of the Vietnam Fatherland Front Central Committee, Heads of the Central Inspection Commission, Procurator Generals of the Supreme People's Procuracy, Chief Justices of the Supreme People's Court, equivalent positions, and positions with a starting salary coefficient of 10.4 or higher.
2. Based on the actual situation at each point in time, the Prime Minister decides on the type of vehicle to be provided for the positions mentioned in Clause 1 of this Article upon the proposal of the Ministry of Finance. The purchase price of the vehicle should be consistent with the market price at the time of acquisition.
Article 5. The positions that are regularly assigned one car during their term of service with a maximum purchase price of 1.1 billion VND per car.
1. Heads of Party Departments at the central level, Members of the Central Committee of the Communist Party, Chairpersons of the National Ethnic Council of the National Assembly, Members of the Standing Committee of the National Assembly, Heads of National Assembly Committees; Ministers, Heads of agencies equivalent to Ministries, Deputy Chairpersons concurrently serving as General Secretaries of the Vietnam Fatherland Front Central Committee, Heads of central-level mass organizations, equivalent positions, and positions with a starting salary coefficient of 9.7 or higher.
2. Secretaries of provincial party committees directly under the central government.
3. Positions in Hanoi City and Ho Chi Minh City: Deputy Secretary of the Municipal Party Committee, Chairperson of the Municipal People's Council, Chairperson of the Municipal People's Committee, Head of the dedicated National Assembly Delegation.
Article 6. The positions that are assigned cars for transportation from residence to workplace and for official duties with a maximum purchase price of 920 million VND per car.
1. Deputy Heads of Party Departments at the central level, Deputy Chairpersons of the National Ethnic Council of the National Assembly, Deputy Heads of National Assembly Committees, Deputy Procurators General of the Supreme People's Procuracy, Deputy Chief Justices of the Supreme People's Court; Heads of government agencies, Deputy Ministers, Deputy Heads of central-level mass organizations, Secretary-General of the Central Youth Union, Deputy Chairpersons of the Vietnam Fatherland Front Central Committee, and leading positions with a job allowance coefficient of 1.25 or higher.
2. Deputy Secretaries of provincial party committees, Chairpersons of provincial People's Councils, Chairpersons of provincial People's Committees, Heads of dedicated National Assembly Delegations in provinces and centrally-administered cities.
3. Positions in Hanoi City and Ho Chi Minh City: Deputy Heads of dedicated National Assembly Delegations, Deputy Chairpersons of Municipal People's Councils, Members of the Municipal Party Standing Committee, Deputy Chairpersons of Municipal People's Committees, Chairpersons of Municipal People's Committees for the United Front.
4. In cases where the positions specified in this Article provide their own means of transportation, they are allocated a budget for vehicle usage according to the provisions of Article 14 of this Decision.
Article 7. Allocation and use of vehicles to serve common work at agencies, organizations, units, and project management boards.
1. For agencies, organizations, and units with leadership positions having a job allowance coefficient of 0.7 or higher (excluding concurrent positions), vehicles are allocated to serve common work for transporting officials on official trips (excluding transportation from residence to workplace) from transferred vehicles or newly purchased vehicles with a maximum purchase price of 720 million VND per vehicle; specifically:
a) At the central level:
- For agencies and units under Ministries, agencies equivalent to Ministries, government agencies, other central-level agencies, political organizations, and political-social organizations:
+ Offices of Ministries, agencies equivalent to Ministries, government agencies, other central-level agencies, political organizations, and political-social organizations are allocated a maximum of three cars per unit.
+ Other units under Ministries, agencies equivalent to Ministries, government agencies, other central-level agencies, political organizations, and political-social organizations (Departments, Bureaus, and equivalent organizations) are allocated a maximum of one car per unit.
+ Agencies under Ministries, agencies equivalent to Ministries, government agencies, other central-level agencies, political organizations, and political-social organizations are allocated a maximum of two cars per unit.
- For General Departments and equivalent organizations:
+ Offices of General Departments and offices of equivalent organizations are allocated a maximum of two cars per unit.
+ Other units under General Departments or equivalent organizations are allocated a maximum of one car per two units.
+ Each agency directly under a General Department or equivalent organization is allocated a maximum of one car per unit.
b) At the local level:
- For agencies, organizations, and units under Provincial Party Committees, Provincial People's Councils, and Provincial People's Committees (such as: Provincial Party Committee Offices, Provincial People's Council Offices, Provincial People's Committee Offices, Departments, Bureaus, and equivalent organizations); District Party Committees, County Party Committees, City Party Committees, Town Party Committees; District People's Councils and District People's Committees, County People's Councils and County People's Committees, City People's Councils and City People's Committees are allocated a maximum of two cars per unit.
- For agencies, organizations, and units under Departments, Bureaus, and equivalent organizations with leadership positions having a job allowance coefficient of 0.7 or higher (excluding concurrent positions) are allocated a maximum of one car per unit.
2. For Project Management Boards using state capital, vehicles are allocated to serve work according to the following regulations:
a) For Project Management Boards with leadership positions having a job allowance coefficient of 0.7 or higher (excluding concurrent positions), vehicles are allocated to serve common work according to the provisions of Clause 1 of this Article.
b) For Project Management Boards using official development assistance (ODA) funds or foreign aid, the procurement of vehicles to serve project activities shall be carried out in accordance with the provisions of the signed agreement or project documentation approved by the competent authority.
In cases where the signed agreement or project documentation approved by the competent authority does not specify the number, purchase price, and type of vehicle, based on the intended users, the Project Management Board shall implement allocation according to the standards and norms stipulated in this Decision.
c) The National Project Management Board for Key National Construction Projects; Group A and Group B investment projects along routes implemented in two (02) provinces or cities or more, or projects carried out in remote, mountainous, island, and economically disadvantaged areas as prescribed by laws on investment, but where leadership positions do not meet the minimum job position allowance coefficient of 0.7 or higher, shall be equipped with cars from transferred vehicles or car rental services to serve their work. In cases where there are no transferred vehicles or car rental services are inconvenient, they may purchase cars in accordance with Clause 1 and Clause 3 of this Article. The funding for purchasing or renting cars shall be allocated from the operating budget of the Project Management Board.
d) Upon completion of the project, the cars provided for the management of the project by the Project Management Board must be handed over to the financial authority (the Ministry of Finance for centrally managed projects; the Provincial Department of Finance for locally managed projects) for disposal in accordance with the laws on state asset management and utilization.
3. In cases where agencies, organizations, units, or Project Management Boards need to purchase cars with 12 to 16 seats to perform tasks or four-wheel-drive cars due to frequent travel to mountainous districts, remote, island, and particularly difficult areas, the maximum purchase price is 1.04 billion VND per vehicle.
4. Based on the conditions of transportation infrastructure and the ability to provide travel services in the area, the Minister, Head of Ministries equivalent to Ministries, and other central agencies shall specify the specific distance from the agency's headquarters to arrange cars for officials meeting the criteria within their jurisdiction; the Chairman of the People's Committee at the provincial level shall specify for officials meeting the criteria within their jurisdiction after obtaining written agreement from the Standing Committee of the People's Council at the same level. If these officials provide their own means of transportation, they will be allocated car usage expenses according to Article 14 of this Decision.
In cases where work requirements necessitate it, the head of the agency, organization, unit, or Project Management Board may consider and allow the allocation of the agency's, organization's, unit's, or Project Management Board's cars for cases that do not meet the criteria for using cars when traveling on official business.
5. The purchase of cars stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall be decided by the Minister, Head of Ministries equivalent to Ministries, and other central agencies for agencies, organizations, units, and Project Management Boards under central management; the Chairman of the People's Committee at the provincial level shall decide for agencies, organizations, units, and Project Management Boards under local management.
Article 8. Replacement of Cars at Agencies, Organizations, Units, and Project Management Boards
1. For cars serving officials who meet the criteria for using cars as prescribed in Articles 3, 4, 5, and 6 of this Decision, if replacement is required according to Clause 5 of Article 2 of this Decision and there are no cars available for transfer, new cars may be purchased. The purchase price of the car shall be in accordance with the standard set forth in this Decision.
2. For cars serving the common work of agencies, organizations, units, and Project Management Boards as prescribed in Article 7 of this Decision, which meet the conditions for liquidation as prescribed in Clause 5 of Article 2 of this Decision, if there are no cars available for transfer, new cars may be purchased to replace the liquidated cars. The purchase price of the car shall be in accordance with the standard set forth in this Decision.
3. Management and use of the existing number of cars at agencies, organizations, units, and Project Management Boards.
a) Ministries, Ministries equivalent to Ministries, Government agencies, and provincial People's Committees shall review and rearrange the existing number of cars at agencies, organizations, units, and Project Management Boards under their jurisdiction to ensure compliance with the standards and quotas prescribed in Clause 1 and Clause 2 of Article 7 of this Decision; after rearrangement, any remaining cars (if any) shall be handled in the following order:
- Based on the standards and quotas prescribed in this Decision, ministries, sectors, and localities shall consider and decide to transfer to agencies, organizations, units, and Project Management Boards under their jurisdiction that have not met the quota of cars prescribed in this Decision.
- Based on the standards and quotas prescribed in this Decision, the Ministry of Finance shall carry out transfers to agencies, organizations, units, and Project Management Boards in accordance with the laws on state asset management and utilization.
b) After completing the review and rearrangement of the existing number of cars as prescribed in Point a of this Clause, agencies, organizations, units, and Project Management Boards must report and declare to the National Database on State Assets in accordance with the laws on state asset management and utilization.
c) Within six months from the date this Decision takes effect, Ministries, Ministries equivalent to Ministries, Government agencies, and provincial People's Committees shall report to the Ministry of Finance on the results of rearranging the existing number of cars as prescribed in Point a of this Clause. The Ministry of Finance shall carry out transfers to agencies, organizations, units, and Project Management Boards in accordance with the laws on state asset management and utilization and compile and report to the Prime Minister.
Article 9. Equipping specialized motor vehicles at agencies, organizations, units, Project Management Boards
1. Specialized motor vehicles are vehicles equipped with specialized equipment or have a special structure according to professional requirements or used for specific tasks serving the implementation of political and social missions.
2. Purchase price of specialized motor vehicles.
a) For specialized motor vehicles equipped with specialized equipment or motor vehicles with a special structure according to professional requirements or motor vehicles with 16 seats or more for specific tasks, the purchase price shall be determined by the agency specified in Clause 6 of this Article upon consideration and decision;
b) For specialized motor vehicles not falling under the cases prescribed in Point a of this Clause, the purchase price shall be implemented as for motor vehicles serving general operations as stipulated in Article 7 of this Decision.
3. The Minister, Head of a ministry-level agency, agency under the Government, and other central agencies shall issue standards and norms for specialized motor vehicles (types, quantities) to be equipped for agencies, organizations, units, Project Management Boards within their management scope after obtaining written agreement from the Ministry of Finance; the Chairman of the People's Committee of a province shall issue standards and norms for specialized motor vehicles (types, quantities) to be equipped for agencies, organizations, units, Project Management Boards within their management scope after obtaining the opinion of the Standing Body of the People's Council at the same level.
4. The Minister, Head of a ministry-level agency, agency under the Government, and other central agencies, and the Chairman of the People's Committee of a province shall issue regulations on the management and use of specialized motor vehicles applicable to agencies, organizations, units, Project Management Boards within their management scope to ensure proper use, economy, and efficiency.
5. The procurement of specialized motor vehicles by agencies, organizations, units, Project Management Boards can only be carried out after relevant ministries, sectors, and localities have issued norms and are consistent with the types and quantities of vehicles issued by the Minister, Head of a ministry-level agency, agency under the Government, and other central agencies or the Chairman of the People's Committee of a province as stipulated in Clause 3 of this Article and the prices prescribed in Clause 2 of this Article.
6. The Minister, Head of a ministry-level agency, agency under the Government, and other central agencies decide on the procurement of specialized motor vehicles for agencies, organizations, units, Project Management Boards under central management; the Chairman of the People's Committee of a province decides on the procurement of specialized motor vehicles for agencies, organizations, units, Project Management Boards under provincial management.
7. For specialized motor vehicles that have exceeded the usage period as prescribed and cannot continue to be used or have been damaged but repair for continued use is ineffective and does not ensure safety during operation as certified by the competent state agency, liquidation may be carried out. The replacement of liquidated vehicles must not exceed the quantity and match the type of vehicle as prescribed in the standards and norms for specialized motor vehicles issued by the competent authority as stipulated in Clause 3 of this Article; the purchase price of motor vehicles as prescribed in Clause 2 of this Article.
8. Ministries, ministry-level agencies, agencies under the Government, and other central agencies, and People's Committees of provinces and centrally-run cities shall report to the Ministry of Finance:
a) The issuance of norms for specialized motor vehicles after reaching an agreement on norms as stipulated in Clause 3 of this Article.
b) The issuance of regulations on the management and use of specialized motor vehicles for agencies, organizations, units, Project Management Boards within their management scope.
Article 10. Vehicle Equipment at State-Owned Enterprises
Based on work needs and financial capacity, state-owned enterprises equip automobiles to serve work for leadership positions and common work purposes according to the following regulations:
1. The following positions shall be entitled to one automobile for daily transportation from residence to workplace and for business trips with a maximum purchase price of 840 million dong per vehicle: Chairman of the Board of Directors, Chairman of the Board of Members or Chairman of the Company, General Director of State Corporations and Groups established by the Prime Minister's Decision and equivalent positions.
2. Common work vehicles at state-owned enterprises shall be equipped with a maximum of two vehicles with a maximum purchase price of 720 million dong per vehicle to serve for business trips (excluding daily transportation from residence to workplace) for the following positions: Member (member) of the Board of Directors, Deputy General Director of State Corporations and Groups; Director, Deputy Director of state-owned enterprises and equivalent positions.
In cases where it is necessary to purchase vehicles with 12 to 16 seats to fulfill assigned tasks or to purchase four-wheel drive vehicles due to frequent travel to mountainous districts, remote areas, islands, and particularly difficult regions, the maximum purchase price shall be 1,040 million dong per vehicle.
3. The establishment of replacement of vehicles as stipulated in Clause 1 and Clause 2 of this Article shall be decided by the Board of Members or the Chairman of the company in accordance with the law on enterprises.
4. For vehicles serving production and business service activities of state-owned enterprises, they shall be implemented in accordance with the law on enterprises.
Article 11. Authority to Adjust the Purchase Price of Vehicles
1. Ministers, Heads of Ministries equivalent to Ministries, agencies under the Government, other central agencies, or Chairmen of Provincial People's Councils shall examine and decide on the purchase price of vehicles higher than the prices specified in this Decision but not exceeding (5%) for agencies, organizations, units, and Project Management Boards within their jurisdiction.
2. Chairmen of the Board of Members or Chairmen of companies shall examine and decide on the purchase price of vehicles higher than the prices specified in this Decision but not exceeding (5%) for state-owned enterprises within their jurisdiction.
3. The Minister of Finance shall examine and decide on cases where the purchase price of vehicles exceeds the prices specified in this Decision, with a maximum increase of up to 15%.
4. When the market price of vehicles increases or decreases by more than 20% compared to the prices specified in this Decision, the Minister of Finance shall report to the Prime Minister for examination and decision to adjust accordingly.
Chapter III
REGIME OF MANAGEMENT AND USE OF MOTOR VEHICLES IN ORGANIZATIONS AND UNITS, PROJECT MANAGEMENT BOARD AND STATE OWNED COMPANIES
Article 12. Management and Use of Motor Vehicles in Organizations, Units, and Project Management Boards
Based on the current number of motor vehicles, actual market provision of transportation services, and the self-provisioning capability of each position meeting the standards, ministries, agencies equivalent to ministries, agencies under the Government, and central and local agencies shall choose one of the following two forms of vehicle management:
1. Assign organizations, units, and Project Management Boards to continue managing vehicles to allocate automobiles for positions meeting the standards specified in this Decision as follows:
a) Utilize existing vehicles of the organization to allocate automobiles for positions meeting the standards specified in this Decision:
- At the Central Level:
+ For Directly Subordinate Bureaus of Ministries (or equivalent organizations), the head of the agency shall implement:
. Entrust the Office of the Bureau or the financial and asset management agency to manage all vehicles of the Office and dependent accounting units (Departments, Committees, and equivalent organizations within the Bureau) that meet the standard for vehicle allocation when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
. Entrust subordinate Bureaus and units with independent legal status, separate seals, and accounts opened at the National Treasury that meet the standard for vehicle allocation to directly manage and use vehicles to allocate for positions meeting the standard when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
+ For units under Ministries, agencies equivalent to ministries, agencies under the Government, political organizations, and political-social organizations, the head of the agency shall implement:
. Entrust the Ministry's Office or the financial and asset management agency under the Ministry, agency equivalent to a ministry, agency under the Government, political organizations, and political-social organizations to manage all vehicles of the Office and dependent accounting units (Departments, Committees, and equivalent organizations) that meet the standard for vehicle allocation to allocate for positions meeting the standard when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
. Entrust independent accounting units under the Ministry, agency equivalent to a ministry, agency under the Government, political organizations, and political-social organizations that meet the standard for vehicle allocation to directly manage and use vehicles to allocate for positions meeting the standard when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
- At the Local Level:
+ For Provincial Party Committees, Provincial People's Councils, Provincial People's Committees, and centrally-administered municipalities, the heads of these agencies shall implement:
. Entrust the Provincial Party Committee Office, Provincial People's Council Office, and Provincial People's Committee Office to manage all vehicles of the Provincial Party Committee Office, Provincial People's Council Office, Provincial People's Committee Office, and dependent accounting units (Committees and equivalent organizations) that meet the standard for vehicle allocation to allocate for positions meeting the standard when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
. Entrust independent accounting units under the Provincial Party Committee, Provincial People's Council, and Provincial People's Committee that meet the standard for vehicle allocation to directly manage and use vehicles to allocate for positions meeting the standard when traveling on official business as stipulated in Clause 1 of Article 7 of this Decision.
+ For the District Party Committees, County Party Committees, City Party Committees, Town Party Committees; the People's Councils and People's Committees at district, county, town, and city levels directly manage and use cars to allocate for positions with standards when on official business as stipulated in Clause 1, Article 7 of this Decision.
+ For Ministries, Departments, Sectors, and equivalent organizations, the heads of these agencies shall implement the following:
. Entrust the Office of the Ministry (Department, Sector, and equivalent organizations) to manage the number of cars of the Ministry, Department, Sector, and equivalent organizations to allocate for positions with standards when on official business as stipulated in Clause 1, Article 7 of this Decision.
. Entrust independent accounting units under the Ministry, Department, Sector, and equivalent organizations that meet the criteria to be equipped with cars to directly manage and use cars to allocate for positions with standards when on official business as stipulated in Clause 1, Article 7 of this Decision.
b) Lease car services according to Article 13 of this Decision.
c) Allocate funds for self-provision of means of transportation according to Article 14 of this Decision.
2. Entrust public service enterprises or public utility service enterprises to manage cars to arrange vehicles to serve the work of positions, organizations, units, Project Management Boards with standards prescribed in this Decision or provide car services according to the law, as follows:
a) For central Ministries and Sectors: Based on the organizational scale of the agency, organization, unit, and Project Management Board within their management scope, entrust one (or several) public service enterprises or public utility service enterprises to manage the number of cars of these agencies and units.
b) For localities: Entrust one (or several) public service enterprises or public utility service enterprises to manage the number of public cars of agencies, organizations, units, and Project Management Boards within their management scope.
Article 13. Leasing Car Services
Depending on specific conditions and actual market provision of travel means services, agencies, organizations, units, Project Management Boards, state-owned companies shall lease car services. The rental price is the average unit price of public transport means. The leasing of car services shall be carried out through bidding to select service providers according to regulations.
Article 14. Allocation of Funds for Car Usage
1. In cases where positions specified in Article 6 of this Decision voluntarily register to implement the allocation of funds for car usage to pick up and drop off from residence to workplace, the amount of allocated funds is determined monthly based on:
- Actual distance from residence to workplace;
- Average unit price of public transport means (average unit price of popular taxi companies in the market);
- Number of working days as prescribed (excluding days on official business);
- Number of trips (two trips per day).
2. In cases where positions with standards for using cars when on official business as stipulated in this Decision voluntarily register to implement the allocation of funds for car usage when on official business, the amount of allocated funds is determined based on:
- Actual distance traveled on official business;
- Average unit price of public transport means (average unit price of popular taxi companies in the market).
3. During the period when the unit entrusted with managing cars has not yet transitioned to a public service enterprise or public utility service enterprise model, the unit entrusted with managing cars may use cars for common work purposes to meet the travel and pick-up/drop-off needs of positions within the agency or unit with standards as prescribed in this Decision according to the principle that those with standards for being allocated cars for work purposes must register with the unit entrusted with managing cars regarding the time and route of car usage and use allocated funds to settle accounts with the unit entrusted with managing cars; the unit price for allocating cars is calculated based on the average unit price of popular taxi companies in the market; the head of the agency, organization, or unit decides the use of cars for meeting travel and pick-up/drop-off needs of positions to ensure it does not affect the performance of assigned functions and tasks.
Article 15. Allocation of automobiles for official work at state-owned enterprises
1. State-owned enterprises allocate automobiles for official work to positions according to the standards and quotas prescribed in Article 10 of this Decision.
2. State-owned enterprises establish and decide on the implementation of management methods and usage of automobiles in accordance with the forms prescribed in Clause 1, Article 12 of this Decision.
3. In cases where positions with automobile usage standards prescribed in Article 10 of this Decision voluntarily register to implement budget allocation for automobile usage, the allocation amount shall be determined in accordance with the provisions of Article 14 of this Decision.
Article 16. Management and Usage Regime for Automobiles
Agencies, organizations, units, Project Management Boards, and state-owned enterprises equipped with automobiles in accordance with this Decision shall manage automobiles according to the standards and quotas; organize accounting and publicly disclose expenses for automobile usage at agencies, organizations, units, Project Management Boards, and state-owned enterprises in accordance with the law.
Chapter IV
RESPONSIBILITY FOR IMPLEMENTATION
Article 17. Responsibilities of the Ministry of Finance
1. Take the lead and coordinate with relevant Ministries, Departments, People's Committees of provinces and centrally-administered cities to guide the implementation of this Decision.
2. Coordinate with relevant Ministries, Departments, People's Committees of provinces and centrally-administered cities to inspect and urge compliance with regulations on equipping, managing, and using transportation means in agencies, organizations, units, Project Management Boards, and state-owned enterprises as stipulated in this Decision.
3. Implement the recovery and reallocation of automobiles within the authority prescribed.
4. Provide detailed guidance on the contents prescribed in Articles: 7, 8, 9, 10, 11, 12, 13, 14, and Article 18 of this Decision.
Article 18. Responsibilities of Ministries, Ministries Equivalent to Ministries, Government Agencies, Other Central Agencies, and Provincial People's Committees
Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, other central agencies, Chairpersons of Provincial People's Committees, and centrally-administered city People's Committees shall implement based on the provisions of this Decision:
1. Decide on the form of management of existing automobiles at agencies, organizations, units, and Project Management Boards under their jurisdiction according to the guidelines of the Ministry of Finance.
2. Issue Regulations on the management and usage of automobiles of agencies, organizations, units, and Project Management Boards under their jurisdiction to ensure the management and usage of automobiles in accordance with the standards and quotas prescribed in this Decision and the laws on the management and usage of state assets. The content of the Regulations includes:
- Provisions on equipping, allocating, using, repairing, maintaining, and handling automobiles;
- Specific distance (number of kilometers) from the agency headquarters to allocate automobiles for positions meeting the criteria when on official business;
- Detailed provisions on determining the budget allocation amount and payment of budget allocation for automobile usage;
- Provisions on the rights and obligations of agencies, organizations, units, Project Management Boards, and related individuals;
- Provisions on handling violations in the management and usage of automobiles;
- Other related contents.
3. Publicly disclose the management and usage of automobiles for official work and specialized automobiles in accordance with the law on public disclosure of the management and usage of state assets.
4. The Ministry of National Defense and the Ministry of Public Security shall base their construction of standards, quotas, and management and usage systems for automobiles in their sectors on the provisions of this Decision, and unify with the Ministry of Finance before submitting to the Prime Minister for decision.
Article 19. Responsibilities of agencies, organizations, units, Project Management Boards, and state-owned enterprises
1. Implement the allocation and use of automobiles in accordance with the standards and quotas set forth in this Decision.
2. Manage the existing number of automobiles according to the plans of ministries, sectors, and provincial People's Committees.
Chapter V
HANDLING VIOLATIONS
Article 20. Handling violations in the procurement, management, and use of automobiles
1. The Minister, Head of a ministry-level agency equivalent to a ministry, other central agencies, Chairperson of the Board, member (or Chairman of the company); Chairperson of provincial and centrally-administered city People's Committees shall be responsible for the procurement, provision, management, and use of automobiles serving the operations of agencies, organizations, units, Project Management Boards, and state-owned enterprises under their jurisdiction in accordance with the State Asset Management and Utilization Law, the Law on Thrift and Prevention of Waste, the Enterprise Law, and related laws.
2. A person who makes a decision to purchase automobiles beyond authority, not in accordance with standards, quotas, or types must compensate for losses and will be subject to disciplinary action as prescribed by law depending on the severity of the violation.
3. For improper management and use of automobiles, the Heads of agencies, organizations, units, and relevant individuals shall bear responsibility; depending on the nature, severity of the violation, and extent of damage, they must compensate for losses and be subject to disciplinary action and administrative penalties as prescribed by law.
4. Automobiles purchased that do not meet standards, exceed regulated prices, or quotas shall be confiscated and handled in accordance with the law on state assets.
Chapter VI
IMPLEMENTING PROVISIONS
Article 21. Implementation clause
This Decision takes effect from September 21, 2015. This Decision replaces Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Government Chairman on issuing Standards, Quotas, and Management Regulations for Transportation Means in State Agencies, Public Service Units, and State-Owned Enterprises, and Decision No. 61/2010/QĐ-TTg dated September 30, 2010 of the Government Chairman on Amending and Supplementing Certain Provisions of Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Government Chairman.
Article 22. Responsibility for enforcement
Ministers, Heads of ministry-level agencies equivalent to ministries, Heads of government agencies, Heads of other central agencies, Chairpersons of provincial and centrally-administered city People's Committees, Chairpersons of State Capital Councils, General Directors of state-owned enterprises, and Heads of related agencies are responsible for implementing this Decision./.
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Place of Receipt: |
PRIME MINISTER
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