Decision No. 50/2017/QD-TTg on standards and quotas for using machinery and equipment

Pursuant to …;

REGULATIONS ON STANDARDS AND QUOTAS FOR THE USE OF MACHINERY AND EQUIPMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Management and Use of Public Assets dated June 21, 2017;

At the proposal of the Minister of Finance;

The Prime Minister issues this Decision to regulate standards and quotas for the use of machinery and equipment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decision regulates standards and quotas for the use of machinery and equipment.

Article 2. Standards and quotas for the use of machinery and equipment by Vietnamese agencies abroad shall be implemented according to separate regulations of the Government.

Article 3. Based on the regulations of the Government regarding material standards for logistics for active military personnel, workers, and defense officials, officers, non-commissioned officers, and soldiers serving in the People's Public Security Forces, and the provisions of this Decision, the Ministers of National Defense and Public Security shall issue standards and quotas for the use of machinery and equipment not included in the list of special assets at units under their management after obtaining the consensus of the Ministry of Finance.

Article 2. Applicability

Article 4. State agencies, Communist Party of Vietnam agencies, organizations funded by the state budget, public service organizations, and project management boards using state funds (hereinafter referred to as agencies, organizations, and units).

Article 5. Positions working at agencies, organizations, and units:

a) Cadres, civil servants, and public officials as prescribed by laws on cadres and civil servants and laws on public officials;

b) Individuals with indefinite-term labor contracts directly performing tasks as prescribed by the Government on implementing certain types of work under the contract system in administrative state agencies and public service organizations;

c) Non-professional staff at commune level as prescribed by the Government on positions, number, and some policies for cadres and civil servants at communes, wards, towns, and non-professional staff at commune level.

Article 6. Machinery and equipment at agencies, organizations, and units

1. Common office machinery and equipment:

a) Common office machinery and equipment provided for positions;

b) Common office machinery and equipment provided for offices of positions.

2. Machinery and equipment serving common activities of agencies, organizations, and units.

3. Specialized machinery and equipment:

a) Specialized machinery and equipment serving the provision of public services in the fields of health, education, and training;

b) Specialized machinery and equipment not covered by point a of this clause.

Article 7. Principles for applying standards and quotas for the use of machinery and equipment

1. Standards and quotas for the use of machinery and equipment stipulated in this Decision shall serve as a basis for planning and budget estimates; allocation, investment, procurement, leasing, and cost contracting for the use of machinery and equipment; management and use of machinery and equipment.

2. Standards and quotas for the use of common office machinery and equipment shall be determined based on each position and the office of each position. In cases where one person holds multiple positions, the standard and quota of the highest-positioned role shall apply. When the predecessor retires or transfers and the machinery and equipment provided have not met the conditions for disposal according to regulations, the successor shall continue to use them without new provision.

3. For projects utilizing official development assistance (ODA), concessional loans, or non-reimbursable aid with specific provisions on types, quantities, and prices of machinery and equipment for project management work, implementation shall follow the signed Agreement or project document approved by the competent authority. If the Agreement or project document does not specify these details, implementation shall follow the standards and quotas for the use of machinery and equipment stipulated in this Decision.

4. The quantity and unit price of common office machinery and equipment provided for positions and the offices of positions as stipulated in this Decision are the maximum levels. Agencies and persons authorized to decide on investment and procurement shall base decisions on functions, tasks, nature of work, usage needs, and available funding to determine specific quantities and purchase prices that ensure economy and effectiveness. Offices of positions as stipulated in this Decision refer to offices designed in the headquarters or operational facilities (not organizational structure offices of agencies, organizations, and units).

5. The provision of document storage cabinets shall be carried out according to the quantities and prices specified in Appendices I, II, III, and IV attached to this Decision. In cases where shared cabinets are provided for multiple positions or fewer cabinets are provided for individual positions, the purchase price shall not exceed the total price for each position.

Chapter II

STANDARDS AND QUOTAS FOR THE USE OF MACHINERY AND EQUIPMENT

Section 1. STANDARDS AND QUANTITIES FOR THE USE OF GENERAL OFFICE EQUIPMENT AND MACHINERY

Article 5. Standards and quantities for the use of general office equipment and machinery

1. The standards and quantities for the use of general office equipment and machinery at agencies, organizations, and units under central management shall be detailed in Appendix I attached to this Decision.

2. The standards and quantities for the use of general office equipment and machinery of agencies, organizations, and provincial-level units shall be detailed in Appendix II attached to this Decision.

3. The standards and quantities for the use of general office equipment and machinery of agencies, organizations, and district-level units shall be detailed in Appendix III attached to this Decision.

4. The standards and quantities for the use of general office equipment and machinery of agencies, organizations, and commune-level units shall be detailed in Appendix IV attached to this Decision.

5. In addition to the equipment and machinery specified in Appendices I, II, III, and IV issued with this Decision, the agency or person authorized to assign, invest, purchase, transfer, or lease according to the law shall decide on the provision of other necessary general office equipment and machinery suitable to the functions, tasks, nature of work, usage needs, and permissible financial resources, ensuring economy and effectiveness.

Article 6. Adjustment of prices for the provision of general office equipment and machinery

1. In cases where the price of general office equipment and machinery fluctuates upwards, the adjustment of the price level shall be regulated as follows:

a) The Minister, Head of a ministry equivalent to a ministry, an agency under the Government, or another central agency (hereinafter referred to as "ministry or central agency"), and the Chairman of the People's Committee of a province shall consider and decide or delegate authority to decide on the case where the price of purchasing general office equipment and machinery of agencies, organizations, and units under their higher-level management does not exceed 10% more than the price stipulated in this Decision;

b) In cases where it is necessary to provide general office equipment and machinery priced more than 10% but not exceeding 20% above the price stipulated in this Decision, the Minister or Head of a central agency shall decide after obtaining a written agreement from the Ministry of Finance; the Chairman of the People's Committee of a province shall decide after obtaining a written agreement from the Standing Committee of the People's Council at the same level.

2. When the price of general office equipment and machinery on the market increases or decreases by more than 20% compared to the levels stipulated in this Decision, the Minister of Finance shall report to the Prime Minister to decide on amendments and supplements to ensure appropriateness.

Section 2. EQUIPMENT AND MACHINERY FOR COMMON ACTIVITIES

Article 7. Equipment and machinery for common activities of agencies, organizations, and units

1. Equipment and machinery for common activities of agencies, organizations, and units include:

a) Equipment and machinery installed in rooms serving common activities of agencies, organizations, and units;

b) Equipment and machinery attached to buildings, architectural structures, construction projects, and other equipment and machinery serving common activities of agencies, organizations, and units.

2. Based on the functions, tasks, usage requirements, design of working premises, activity bases, and permissible financial resources of agencies, organizations, and units, the agency or person authorized to assign, invest, purchase, transfer, or lease equipment and machinery according to the law shall decide on the provision of equipment and machinery for common activities of agencies, organizations, and units as stipulated in Clause 1 of this Article, ensuring economy and effectiveness.

Section 3. STANDARDS AND QUANTITIES FOR THE USE OF SPECIALIZED EQUIPMENT AND MACHINERY

Article 8. Standards and quantities for the use of specialized equipment and machinery

1. Standards and quantities for the use of specialized equipment and machinery, except for those specified in Clause 2 of this Article:

a) Specialized equipment and machinery, except for those specified in Clause 2 of this Article, are equipment and machinery with higher performance requirements, capacity, and configuration compared to common office equipment and other equipment serving specific tasks of agencies, organizations, and units;

b) Ministries and central agencies issue or delegate authority to issue standards and quantities for the use of specialized equipment and machinery (types and quantities) of agencies, organizations, and units under their management; Provincial People's Committees shall issue or delegate authority to issue standards and quantities for the use of specialized equipment and machinery (types and quantities) of agencies, organizations, and units under their management after obtaining written consensus from the Standing Committee of the same-level People's Council; heads of public service establishments that self-fund regular expenses and investment costs shall issue standards and quantities for the use of specialized equipment and machinery at their units.

2. Standards and quantities for the use of specialized equipment and machinery in the fields of healthcare, education, and training:

a) The Ministry of Health and the Ministry of Education and Training shall provide detailed guidelines on standards and quantities for the use of specialized equipment and machinery serving public health, educational, and training activities within their respective areas of state management;

b) Based on the detailed guidelines provided by the Ministry of Health and the Ministry of Education and Training as stipulated in Point a of this Clause, ministries and central agencies shall issue or delegate authority to issue standards and quantities for the use of specialized equipment and machinery in the fields of healthcare, education, and training for agencies, organizations, and units under their management; Provincial People's Committees shall issue or delegate authority to issue standards and quantities for the use of specialized equipment and machinery in the fields of healthcare, education, and training for agencies, organizations, and units under their management after obtaining written consensus from the Standing Committee of the same-level People's Council; heads of public service establishments that self-fund regular expenses and investment costs shall issue standards and quantities for the use of specialized equipment and machinery in the fields of healthcare, education, and training at their units.

3. The issuance of standards and quantities for specialized equipment and machinery as prescribed in Clauses 1 and 2 of this Article shall apply to equipment and machinery meeting the criteria for fixed assets according to the regulations on the management and depreciation of fixed assets at agencies, organizations, and units.

Equipment and machinery that do not meet the criteria for fixed assets shall be equipped by the competent authorities responsible for allocating, investing, purchasing, transferring, or leasing them according to the provisions of the law, ensuring suitability with functions, tasks, job characteristics, usage needs, and permissible funding capabilities, while ensuring economy and efficiency.

4. Decisions on issuing standards and quantities for the use of specialized equipment and machinery shall be publicly disclosed on the electronic portal of ministries, central agencies, and provincial people's committees, and shall be sent to the State Treasury Office for implementation of expenditure control according to the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Implementation Provisions

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

2. This Decision replaces Decision No. 58/2015/QĐ-TTg dated November 17, 2015, of the Prime Minister regarding the issuance of standards, quantities, and management and usage regulations for machinery and equipment of state agencies, public service establishments (hereinafter referred to as Decision No. 58/2015/QĐ-TTg).

3. In cases where ministries, central agencies, and localities have issued standards and quantities for the use of specialized equipment and machinery according to Decision No. 58/2015/QĐ-TTg and they comply with the regulations on the issuance of standards and quantities for the use of specialized equipment and machinery as prescribed in this Decision, they shall continue to implement the issued standards and quantities.

Article 10. Responsibility for Implementation

1. The Ministry of Finance shall guide the implementation of this Decision.

2. The Ministry of Health and the Ministry of Education and Training shall take the lead and coordinate with relevant ministries and agencies to provide detailed guidelines on standards and quantities for the use of specialized equipment and machinery in the fields of healthcare, education, and training as prescribed in Point a of Clause 2 of Article 8 of this Decision.

3. Ministries, central agencies, and provincial people's committees shall issue or delegate authority to issue standards and quantities for the use of specialized equipment and machinery according to the authority prescribed in Point b of Clause 1 and Point b of Clause 2 of Article 8 of this Decision, ensuring economy and efficiency, suitability with job characteristics, and alignment with the national budget's capacity, and shall bear responsibility before the law for their decisions.

4. During the period when the Ministry of Health and the Ministry of Education and Training have not yet provided detailed guidelines as prescribed in Point a of Clause 2 of Article 8 of this Decision, ministries, central agencies, and provincial people's committees shall seek written opinions from the Ministry of Health and the Ministry of Education and Training before implementing Point b of Clause 2 of Article 8 of this Decision.

5. Ministers, Heads of ministerial-level agencies, agencies under the Government, other central agencies, Chairmen of provincial people's committees, Heads of agencies, organizations, and units, and cadres, civil servants, officials, employees, and non-professional staff at commune level in agencies, organizations, and units shall be responsible for enforcing this Decision./.

ANNEX I

STANDARDS AND QUANTITIES FOR THE PROVISION OF COMMON OFFICE EQUIPMENT AND MACHINERY OF AGENCIES, ORGANIZATIONS, AND UNITS UNDER CENTRAL MANAGEMENT

Note: The usage standard for printers stipulated in Part A of the Appendix applies to working rooms with fewer than 10 people. In cases where the working room has 10 people or more, additional printers will be provided according to the principle that for every increase of 10 people, one additional printer will be equipped.

Example: Rooms from 01 to 09 people are equipped with 01 printer; Rooms from 10 to 19 people are equipped with a maximum of 02 printers; Rooms from 20 to 29 people are equipped with a maximum of 03 printers...

ANNEX II

STANDARDS AND QUANTITIES FOR COMMON OFFICE EQUIPMENT OF ORGANIZATIONS, ORGANIZATIONS, AND UNITS AT THE PROVINCE LEVEL

Note: The usage standard for printers stipulated in Part A of the Appendix applies to working rooms with fewer than 10 people. In cases where the working room has 10 people or more, additional printers will be provided according to the principle that for every increase of 10 people, one additional printer will be equipped.

Example: Rooms from 01 to 09 people are equipped with 01 printer; Rooms from 10 to 19 people are equipped with a maximum of 02 printers; Rooms from 20 to 29 people are equipped with a maximum of 03 printers...

ANNEX III

STANDARDS AND QUANTITIES FOR COMMON OFFICE EQUIPMENT OF ORGANIZATIONS, ORGANIZATIONS, AND UNITS AT THE DISTRICT LEVEL

Note: The usage standard for printers stipulated in Part A of the Appendix applies to working rooms with fewer than 10 people. In cases where the working room has 10 people or more, additional printers will be provided according to the principle that for every increase of 10 people, one additional printer will be equipped.

Example: Rooms from 01 to 09 people are equipped with 01 printer; Rooms from 10 to 19 people are equipped with a maximum of 02 printers; Rooms from 20 to 29 people are equipped with a maximum of 03 printers...

ANNEX IV

STANDARDS AND QUANTITIES FOR COMMON OFFICE MACHINERY AND EQUIPMENT OF AGENCIES, ORGANIZATIONS, AND UNITS AT THE COMMUNE LEVEL

Note: The usage standard for printers stipulated in Part A of the Appendix applies to working rooms with fewer than 10 people. In cases where the working room has 10 people or more, additional printers will be provided according to the principle that for every increase of 10 people, one additional printer will be equipped.

Example: Rooms from 01 to 09 people are equipped with 01 printer; Rooms from 10 to 19 people are equipped with a maximum of 02 printers; Rooms from 20 to 29 people are equipped with a maximum of 03 printers...