Decision No. 40/2014/QD-TTg On standards, quotas, and management and usage regulations for automobiles in the People's Public Security Force

ON DECREE

Regarding standards, quotas, and management and usage regulations for automobiles in the People's Public Security Forces

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WHEREAS pursuant to the Government Organization Law dated December 25, 2001;

WHEREAS pursuant to the Law on Thrift and Anti-Waste; construction costs; dated November 26, 2013;

WHEREAS pursuant to the Law on Management and Usage of State Assets dated June 3, 2008;

WHEREAS pursuant to Decree No. 10/2004/NĐ-CP dated January 7, 2004; At the proposal of stipulating the management and usage of state budget and assets for certain activities within the defense and security sectors;

WHEREAS pursuant to Decree No. 106/2009/NĐ-CP dated November 16, the 2009 of the Government regarding the management and usage of state assets at civilian armed units;

At the proposal of the Minister of Public Security,

Inspection ; At the proposal of promulgating the Decision on standards, quotas, and management and usage regulations for automobiles in the People's Public Security Forces.

Article 1. Scope of application and regulated matters

1. Units under the Ministry of Public Security equipped with automobiles are those units specified in Government Decree No. Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government concerning the functions, tasks, authorities, and organizational structure of the Ministry of Public Security and other legal documents issued by the Government related to the organization of the People's Public Security Forces.

2. The automobiles referred to in this Decision are passenger cars from 4 to 16 seats, specialized vehicles (referred to as automobiles), used to serve the travel needs of leaders, commanders, officers, cadres, and soldiers for work, ensuring command, training, combat, production, and business operations of companies and units under the Ministry of Public Security.

Various Such automobiles are purchased from state budget funds, have their origins from state budgets, and are acquired through state-owned company capital (including donations and gifts from individuals and organizations both domestically and internationally, or established as state property according to legal provisions, concluded programs and projects, transfers).

Article 2. Principles for automobile usage

1. Automobiles of agencies and units under the Ministry of Public Security (including those of enterprises) shall be managed and used according to state asset management systems, use and in accordance with the standards, quotas, and management and usage regulations for automobiles stipulated in this Decision.

2. Agencies and units equipped with automobiles may not sell, give away, exchange, lease, lend, or transfer ownership or usage rights to other organizations or individuals without the permission of the Minister of Public Security.uted3. Strictly prohibited is the use of automobiles stipulated in this Decision for personal purposes or other purposes not related to combat, training, and public security work.

4. Each position with automobile usage standards is provided with one automobile for work purposes. In cases where an officer holds multiple positions with automobile usage standards, the highest position standard will apply.

Article 3. Standards, Quotas, and Regulations for Equipping and Using Automobiles for Work Purposes

1. Officers holding the following positions are entitled to use one automobile regularly during working hours (the purchase price is implemented according to Point 2, Clause 2, Article 1 of Decision No. 61/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister):

- Leaders in the People's Public Security Forces who are members of the Politburo. Industry and - Minister.

- Officers with the rank of General and positions with a starting salary coefficient of 10.4 or higher.

2. For leaders in the People's Public Security Forces who are members of the Central Committee of the Party, the standards for equipping and using automobiles are implemented according to Article 5 of Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister and amended and supplemented at Point 3, Clause 1, Article 1 of Decision No. 61/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister.

3. Officers holding the following positions are entitled to use one automobile regularly during working hours with a maximum purchase price of 1.1 billion VND per vehicle:

- Deputy Ministers of Public Security.

- Officers with the rank of Lieutenant General and positions with a starting salary coefficient of 9.8 or higher.

4. Officers holding the following positions are entitled to use one automobile regularly during working hours with a maximum purchase price of 920 million VND per vehicle:

- Leadership and command positions with a leadership allowance coefficient of 1.2 to 1.3.

- Officers with the rank of Major General and positions with a starting salary coefficient of 9.2 or higher.

- Public Security officers who are members of the Standing Committee of the Municipal Party Committee

(Hanoi and Ho Chi Minh City).

5. Officers holding the following positions are entitled to use automobiles for transportation between residence and workplace and for work trips with a maximum purchase price of 820 million VND per vehicle: commission Officers with the rank of Lieutenant General.

6. Shared automobiles:

a) Officers holding the following positions are allocated automobiles for work trips but not for transportation between residence and workplace, with a maximum purchase price of 720 million VND per vehicle (in cases where agencies frequently operate in remote areas with difficult terrain, two-wheel drive vehicles can be purchased with a price not exceeding 1.5 times the prescribed quota):

- Leadership and command positions with a leadership allowance coefficient of 0.7 to less than 1.2.

- Officers with a salary coefficient of 7.3 to 8.6. unit b) The number of shared automobiles for agencies and units to serve the work of the positions specified in Point a of this Clause is determined in the Appendix attached to this Decision. The Minister of Public Security

will determine the number of automobiles equipped for each unit based on the nature of work, combat requirements, geographical area, standards, quotas, and management regulations stipulated in this Decision.

c) In cases of urgent need or special requirements, the head of the unit may decide to allocate automobiles for work purposes for non-commissioned officers, soldiers, and other personnel without automobile usage standards.

d) The number of automobiles equipped for combat units at battalion level and above and other special units is stipulated by the Minister of Public Security. based on Depending on the nature of work, combat, location, standards, quotas, and management systems set forth in this Decision, the number of automobiles to be equipped for each unit and locality is specified herein.

c) In cases of urgent need or special requirements, the head of the unit may decide to allocate automobiles to serve the work of officers, non-commissioned officers, and soldiers who do not meet the criteria for automobile use.

d) The number of automobiles allocated to combat units at the Brigade level and above, and other specialized units, shall be determined by the Minister of Public Security.

Article 4. Standards, norms, and management and usage regimes for specialized motor vehicles

Specialized motor vehicles in the People's Public Security are those equipped with specialized equipment to serve training tasks, readiness for combat, and combat operations, or have a special structure according to professional requirements.

The establishment of standards, norms, and management and usage regimes for specialized motor vehicles and transportation motor vehicles in the People's Public Security shall be carried out in accordance with Clause 1, Article 9 of the Law on Management and Usage of State Assets and Point a, Clause 2, Article 5 of Decree No. 106/2009/NĐ-CP dated November 16, 2009 of the Government. Strictly prohibit the misuse of decisions to purchase specialized motor vehicles and business motor vehicles for other purposes.

Article 5. Allocation of motor vehicles for representative offices of the Ministry of Public Security abroad

Representative offices of the Ministry of Public Security abroad shall implement in accordance with Decision No. 30/2010/QĐ-TTg dated March 15, 2010, of the Prime Minister.

Article 6. Allocation of motor vehicles to serve work at companies under the Ministry of Public Security

Companies under the People's Public Security shall be allocated motor vehicles in accordance with the standards and norms prescribed in Articles 9 and 16 of the Regulations on Standards, Norms, and Management and Usage Regimes for Means of Transportation in State Agencies, Public Service Enterprises, and State-Owned Companies (annexed to Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister). unit public institutions, state-owned enterprises (announced together with Decision No. Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Government Prime Minister).

Article 7. Provisions on purchasing and replacing motor vehicles

1. The replacement of motor vehicles shall be carried out in accordance with Clause 1, Article 1 of Decision No. 61/2010/QĐ-TTg dated September 30, 2010, of the Prime Minister (cadres using vehicles under Clause 1, Article 3 of this Decision shall be replaced according to job requirements, other positions shall be replaced after having been used for at least 200,000 kilometers).

2. Cadres newly appointed to positions with vehicle usage standards prescribed in Clauses 2, 3, 4, and 5, Article 3 of this Decision shall continue to use the vehicles of their predecessors and can only replace their vehicles in accordance with Clause 1 of this Article.

3. The price of purchasing motor vehicles under this Decision includes all types of taxes required by law (including cases where import duties are exempted), but does not include related fees and charges for vehicle usage. Purchasing motor vehicles must comply with the legal regulations on state asset procurement. In cases where the purchase prices specified in Decision No. 59/2007/QĐ-TTg dated May 7, 2007, and Decision No. 61/2010/QĐ-TTg dated September 30, 2010, of the Prime Minister are adjusted, the purchase prices for positions within the People's Public Security force will also be correspondingly adjusted. Decision No. If Decision No. 59/2007/QĐ-TTg dated May 7, 2007 and Decision No. 61/2010/QĐ-TTg dated September 30, 2010 of the Government Prime Minister are amended, then the purchase price for vehicles for positions within the People's Public Security Force will also be adjusted accordingly.

4. Motor vehicles that are no longer usable must be sold through public auction, and the proceeds from the sale, after deducting reasonable related expenses, must be handled in accordance with the provisions of the law.

5. Annually, based on the current number of motor vehicles and the standards and norms for motor vehicles prescribed in this Decision, the Minister of Public Security decides to purchase additional motor vehicles for tasks and replace old and damaged motor vehicles, arranged within the state budget allocation. use For automobiles as stipulated in this Decision, the Minister of Public Security decides to purchase additional automobiles for tasks and replace old and damaged automobiles, arranged within the state budget allocation.

Article 8. Management and usage regime

1. Positions with vehicle usage standards prescribed in Clauses 1, 2, 3, 4, 5, and 6, Article 3 of this Decision shall be provided with motor vehicles and vehicle usage costs according to job requirements.

2. For shared motor vehicles prescribed in Clause 6, Article 3, the Minister of Public Security shall direct the arrangement and usage of motor vehicles according to job requirements to ensure economy and prevent waste.

Article 9. Handling violations

1. The Minister of Public Security, heads of units, and localities are responsible for the procurement, allocation, management, and usage of motor vehicles serving work in accordance with the Law on Thrift and Prevention of Waste and relevant legal provisions.

2. Individuals making decisions to procure motor vehicles without authority, without meeting standards and norms, or exceeding the value limit must compensate for losses and will be subject to legal penalties according to the degree of violation. b) Procurement contracts for goods and services (for expenditures with contract values of twenty million dong or more). If the expenditure requires tender selection according to the Law on Bidding, the unit shall also submit: Decision approving the tender selection results; Depending on the degree of violation, they will be handled according to the provisions of the law.

3. For improper management and usage of motor vehicles, the head of the unit and related individuals must bear responsibility; they must compensate for losses and be disciplined according to the nature and degree of the violation and the extent of damage, in accordance with the regulations on administrative penalties for thrift and prevention of waste and relevant legal provisions. b) Procurement contracts for goods and services (for expenditures with contract values of twenty million dong or more). If the expenditure requires tender selection according to the Law on Bidding, the unit shall also submit: Decision approving the tender selection results; Depending on the nature and severity of the violation, the extent of damage, and the need to compensate for losses, disciplinary action and administrative penalties for violations related to thrift and waste prevention, as well as relevant laws, will be imposed.

4. Motor vehicles purchased without meeting standards, exceeding the prescribed price, or exceeding the norm shall be confiscated for reallocation or auctioned off to the state budget.

Article 10. Effective date

1. This Decision takes effect from August 30, 2014.

2. Abolish Decision No. 109/2001/QĐ-TTg dated July 24, 2001, of the Prime Minister regarding the standards and norms for the use of motor vehicles in the People's Public Security force and previous regulations inconsistent with this Decision.

Article 11. Organization a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

1. The Minister of Public Security is responsible for guiding the implementation of this Decision.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the central government, and heads of related agencies are responsible for implementing this Decision./. central cities Central-affiliated agencies and heads of related agencies are responsible for implementing this Decision./.