Decision No. 61/2010/QĐ-TTg Amending and Supplementing Certain Provisions of Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Government on Standards, Quotas, and Management Regulations for the Use of Vehicles in State Agencies and Publicly Funded Institutions.

Pursuant to …;

Regarding the amendment and supplementation of some articles of Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of

the Government on standards, quotas, and management regulations for the use of transportation means

in state agencies, public service units, and state-owned enterprises

_________________________

PRIME MINISTER

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 Thrift and Combating Wastefulness dated November 29, 2005;

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

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;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Amending and supplementing some articles of the Regulations on standards, quotas, and management regulations for the use of transportation means in state agencies, public service units, and state-owned enterprises issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Government as follows:

1. Clause 5 of Article 2 shall be amended and supplemented as follows:

“5. Cars equipped for positions with car usage standards shall be replaced according to work requirements for positions specified in Articles 3 and 4; when they have been used for at least 200,000 kilometers for positions specified in Articles 5 and 6; specifically, in mountainous areas, remote areas, islands, and particularly difficult areas, it is 160,000 kilometers. Replaced cars must be sold through public auction, and the proceeds from the sale of the car, after deducting reasonable related expenses, must be handled in accordance with the provisions of the law.”

2. Clause 4 shall be amended and supplemented as follows:

"Article 4. Positions that are entitled to use a car regularly during working hours.

1. Members of the Politburo, Secretaries of the Central Committee of the Communist Party of Vietnam, Vice Presidents of the State, Chairmen of the Inspection Commission of the Central Committee, Procurators General of the Supreme People's Procuracy, Presidents of the Supreme People's Court, Deputy Prime Ministers, Vice Chairmen of the National Assembly, Chairmen of the Vietnam Fatherland Front Central Committee, equivalent positions, and positions with a starting salary coefficient of 10.4 or higher.

2. Based on the actual situation at each time point, the Prime Minister decides the type of car to be equipped for the positions mentioned in Clause 1 of this Article upon the proposal of the Ministry of Finance. The organization and implementation of procurement shall be carried out in accordance with current regulations and the purchase price of the car shall be consistent with the market price at the time of procurement.”

3. The maximum purchase price for cars serving work for positions specified in Articles 5, 6, 8, and 9 shall be amended and supplemented as follows:

a) The maximum purchase price for cars serving work for positions specified in Article 5 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister is 1.1 billion VND per car.

b) The maximum purchase price for cars serving work for positions specified in Article 6 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister is 920 million VND per car.

c) The maximum purchase price for cars serving work for positions specified in Article 8 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister is 720 million VND per car, in cases where a four-wheel drive vehicle must be purchased, the maximum purchase price is 1.04 billion VND per car.

d) The maximum purchase price for cars serving work for positions specified in Clause 1 of Article 9 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister is 840 million VND per car, for positions specified in Clause 2 of Article 9, the maximum purchase price is 720 million VND per car.

đ) In cases where there is a necessary need to equip cars for positions with standards and cars serving work for state agencies, public service units with prices higher than the prices stipulated in this Article, the Minister, Head of a ministry-level agency, or head of a government-affiliated agency, other central agencies; Chairman of the People's Committee of a province shall decide on a higher purchase price than stipulated in this Decision but not exceeding 5% more than the stipulated price; the Minister of Finance shall decide for cases where the purchase price exceeds the stipulated price but not more than 15%.

4. Clause 3 of Article 8 shall be amended and supplemented as follows:

“3. Based on the conditions of traffic infrastructure and the ability to provide transportation services in the market, the Minister, Head of a ministry-level agency, or head of a government-affiliated agency shall specify the specific distance from the office when traveling on official business for the positions specified in Clause 1; the Chairman of the People's Committee of a province shall specify for the positions at Clause 2 of this Article after obtaining a written consensus from the Standing Committee of the People's Council at the same level. In cases where the subject self-provides the means of transportation, they shall be allocated funds according to the regulations.”

5. Article 12 shall be amended and supplemented as follows:

“1. For state agencies, public service units, and Project Management Boards established after Decision No. 59/2007/QĐ-TTg dated May 7, 2007 took effect or before the date of effectiveness of Decision No. 59/2007/QĐ-TTg dated May 7, 2007 but had not been equipped with cars for work purposes and had positions with leadership allowance coefficients from 0.7 to less than 1.25, they shall be equipped with cars for work purposes from transferred vehicles or rental service vehicles to serve work purposes. In cases where there are no transferred vehicles or rental service is inconvenient, new cars can be purchased with a maximum price of 720 million VND per car to serve work purposes, specifically:

a) At the central level:

- Departments, Bureaus of Type I and other equivalent central agencies may be equipped with a maximum of two cars for work purposes.

- Newly established agencies and units may be equipped with one car for work purposes.

b) At the local level:

- Provincial Departments, Committees, and equivalent organizations directly under the People's Committees of provinces, cities directly under the Central Government; District Party Committees' Offices, County Party Committees' Offices, City Party Committees' Offices, Town Party Committees' Offices; People's Councils and People's Committees' Offices at districts, counties, towns, and cities may be equipped with a maximum of two cars per office.

- Newly established agencies and units may be equipped with one car for work purposes.

c) For administrative agencies, public service units, and newly established Project Management Boards operating regularly in mountainous areas, remote areas, islands, and particularly difficult areas if a four-wheel drive vehicle must be purchased, the maximum price is 1.04 billion VND per car.

2. The replacement of cars for work purposes at state agencies, public service units, and Project Management Boards shall be implemented as follows:

a) For positions with vehicle usage standards specified in Articles 3, 4, 5, and 6 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007, when replacement is required according to regulations but there is no vehicle available for transfer, they shall purchase a new vehicle in accordance with the standards set forth in this Regulation.

b) For automobiles equipped for agencies and units to serve the work of positions specified in Articles 8 and 10 of the Regulations issued together with Decision No. 59/2007/QĐ-TTg that have been used beyond the prescribed service life under the system and cannot continue to be used, or if they have traveled at least 250,000 kilometers (for mountainous areas, remote regions, islands, and particularly difficult areas, it is 200,000 kilometers) and cannot continue to be used or are damaged such that repair for continued use is ineffective and does not ensure safe operation according to the inspection of the competent state agency, then liquidation shall be carried out; if there is no automobile available for transfer, a new automobile shall be purchased to replace the liquidated automobile. The provision of replacement automobiles for work purposes shall not exceed the number of automobiles currently held by the agency or unit and the budget allocated within the state budget.

3. The purchase of new automobiles as stipulated in Clauses 1 and 2 of this Article shall be arranged within the state budget allocation granted and decided by the Minister, Head of a ministry-level agency, Head of an agency under the Government, or Head of another central agency for agencies and units under central management; and by the Chairman of the People's Committee of a province for agencies and units under local management.

4. In cases where it is necessary to purchase new automobiles as stipulated in Clauses 1 and 2 of this Article and such purchases are not included in the allocated state budget, the Minister, Head of a ministry-level agency, Head of an agency under the Government, or Head of another central agency shall decide after obtaining a written agreement from the Ministry of Finance for agencies and units under central management; and the Chairman of the People's Committee of a province shall decide after obtaining a written agreement from the Standing Body of the People's Council at the same level for agencies and units under local management.

6. Clause 2 of Article 11 shall be amended and supplemented as follows:

“2. The Minister, Head of a ministry-level agency, agency under the Government, or other central agency shall decide on the types and quantities of specialized vehicles to be provided to agencies and units under their management after obtaining a written agreement from the Ministry of Finance; and the Chairman of the People's Committee of a province shall decide on the types and quantities of specialized vehicles to be provided to agencies and units under local management after obtaining the opinion of the Standing Body of the People's Council at the same level.”

7. Clause 4 of Article 19 shall be amended and supplemented as follows:

“4. When the market price of automobiles generally increases or decreases by more than 20% compared to the prices specified in Clause 3 of Article 1 of this Decision, the Minister of Finance shall report to the Prime Minister for consideration and decision to adjust accordingly.”

Article 2. This Decision takes effect from November 15, 2010. Decree No. 184/2007/QĐ-TTg dated November 30, 2007 of the Prime Minister regarding amendments and supplements to certain articles of the Regulations on Standards, Quotas, and Management Systems for the Use of Transportation Means in State Agencies and Public Service Enterprises Issued Together with Decision No. 59/2007/QĐ-TTg dated May 7, 2007 is hereby abolished.

Ministers, Heads of ministry-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees, and Heads of relevant agencies and units are responsible for implementing this Decision./.