Decree No. 85/2018/ND-CP stipulates standards and quotas for using automobiles at units of the people's armed forces.

DECREE

Regulations on standards and quotas for using motor vehicles

at units of the people's armed forces

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

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

At the proposal of the Minister of Finance;

The Government promulgates this Decree stipulating standards and quotas for using motor vehicles at units of the people's armed forces.

Article 1. Scope of Regulation

1. This Decree stipulates standards and quotas for using motor vehicles at units of the people's armed forces, including:

a) Motor vehicles serving the work of officials (hereinafter referred to as official motor vehicles);

b) Motor vehicles serving general work;

c) Special-purpose motor vehicles.

2. Standards and quotas for using motor vehicles of representative offices of the Ministry of National Defense and the Ministry of Public Security abroad shall be implemented in accordance with the Government's Decree No. 166/2017/NĐ-CP dated December 31, 2017 stipulating standards, quotas, and management regulations for state assets of Vietnamese agencies abroad.

3. Standards and quotas for using motor vehicles belonging to the special asset list at units of the people's armed forces shall be implemented in accordance with the provisions of

4. Motor vehicles serving production and business activities of defense and security enterprises, defense and security economic enterprises shall be equipped and managed by competent authorities to ensure the requirements of tasks and financial capacity of the enterprise in accordance with the laws on management and use of state capital invested in production and business at enterprises and the charter of the enterprise.

Article 2. Applicability

1. Units of the people's armed forces include: agencies, units, and other organizations under the organizational system of the Ministry of National Defense and the Ministry of Public Security as prescribed by the Government's regulations on functions, tasks, powers, and organizational structure of the Ministry of National Defense and the Ministry of Public Security and relevant laws.

2. Officers, professional soldiers, non-commissioned officers, and conscripts serving in active duty; defense workers and civil servants serving within the organizational establishment of units of the people's armed forces under the Ministry of National Defense.

3. Officers and non-commissioned officers in specialized positions; technical officers and non-commissioned officers; public security workers; contractual laborers within the establishment quota; non-commissioned officers and soldiers serving under the compulsory service system; police students at units of the people's armed forces under the Ministry of Public Security.

Article 3. Standards and quotas for using official motor vehicles

1. Standards and quotas for using motor vehicles of leaders in the Vietnam People's Army and the Vietnam People's Public Security who are members of the Politburo, Secretaries of the Central Committee of the Communist Party, members of the Central Committee of the Communist Party, Ministers, Deputy Ministers, Directors of General Departments, and equivalent positions shall be implemented in accordance with the Government's Decree stipulating standards and quotas for using motor vehicles.

2. Standards and quotas for using motor vehicles according to military rank are stipulated as follows:

a) An officer with the highest military rank of General may use one motor vehicle regularly during working hours based on actual circumstances at the time of vehicle allocation.

b) An officer with the highest military rank of Lieutenant General, Admiral of the Navy may use one motor vehicle regularly during working hours with a maximum purchase price of 1.1 billion VND per vehicle;

c) An officer with the highest military rank of Major General, Vice Admiral of the Navy may use one motor vehicle regularly during working hours with a maximum purchase price of 920 million VND per vehicle;

d) An officer with the military rank of Brigadier General, Rear Admiral of the Navy may use a motor vehicle for transportation from residence to workplace and for business trips with a maximum purchase price of 820 million VND per vehicle.

3. Standards and quotas for using official motor vehicles at state-owned enterprises under the Ministry of National Defense and the Ministry of Public Security shall be implemented in accordance with the Government's Decree stipulating standards and quotas for using motor vehicles.

4. In cases where a person holds multiple leadership positions with motor vehicle usage standards or has both leadership position-based and military rank-based motor vehicle usage standards as stipulated in Clauses 1, 2, and 3 of this Article, the highest standard shall apply. When the predecessor retires, transfers, or resigns from their position and the allocated motor vehicle does not meet the replacement conditions stipulated, the successor shall continue to use it until the conditions for replacing the motor vehicle are met.

Article 4. Standards and quotas for using cars to serve general work

1. Leaders and commanders with a position allowance coefficient of 0.7 or higher, or officials with a salary coefficient of 7.3 or higher at units of the People's Armed Forces that do not fall under the categories specified in Article 3 of this Decree shall be entitled to use cars to serve general work when on official business.

2. The quota for using cars to serve general work for officials specified in Clause 1 of this Article shall be implemented according to the provisions set out in Appendix I and Appendix II attached to this Decree. The number of cars equipped for each agency and unit shall be decided by the Minister of National Defense and the Minister of Public Security to be appropriate but not exceeding the number of cars stipulated in Appendix I and Appendix II issued together with this Decree.

3. In cases where urgent or special tasks require it, the head of the agency or unit may decide to allocate cars to serve general work for positions not within the scope specified in Clause 1 of this Article when on official business.

Article 5. Standards and quotas for using specialized cars

1. Common specialized cars include: specialized cars in the medical field; cars with special structures (cash transport cars, laboratory-equipped cars, crane-equipped cars, etc.); cars equipped with specialized devices or bearing special signs or distinctive features (satellite transmission and reception equipment-equipped cars, mobile broadcasting and television cars, etc.); cargo trucks; pickup trucks; passenger cars over 16 seats shall be implemented according to the standards and quotas for using cars stipulated in the Government Decree on standards and quotas for using cars.

2. Specialized cars for specific use are cars equipped with specialized devices or having special constructions according to professional requirements of national defense and security.

3. The Minister of National Defense and the Minister of Public Security shall be responsible for:

a) Issuing standards and quotas for using common specialized cars as specified in Clause 1 of this Article for units of the People's Armed Forces under their management after obtaining the unified opinion of the Ministry of Finance regarding the types and quantities of cars;

b) Issuing lists, user categories, and quantities of specialized cars for specific use allocated to each unit under their management as specified in Clause 2 of this Article.

Article 6. Cars to serve general work for project management boards

1. The standards and quotas for using cars to serve general work for project management boards shall be determined according to the standards and quotas for using cars to serve general work for equivalent agencies and units as stipulated in Article 4 of this Decree.

Project management boards where positions with car usage standards participate on a concurrent basis shall not be provided with cars to serve general work.

2. The allocation of cars to serve the activities of individual projects must ensure economy and effectiveness and shall be carried out through transfer, lease, or purchase. The Minister of National Defense and the Minister of Public Security shall decide on the allocation of cars to serve the activities of individual projects under their management after obtaining the unified opinion of the Ministry of Finance.

3. For projects utilizing official development assistance (ODA) funds, concessional loans, commercial loans, or non-refundable aid, they shall comply with the standards and quotas for using cars stipulated in the Government Decree.

Article 7. Purchase Price of Motor Vehicles

1. Purchase price of motor vehicles:

a) The purchase price of motor vehicles for official positions shall be implemented according to the provisions of Clauses 1, 2, and 3 of Article 3 of this Decree;

b) The maximum purchase price of motor vehicles for general work purposes as stipulated in Article 4, Clause 1 of Article 6 of this Decree is 720 million VND per vehicle;

c) The purchase price of specialized motor vehicles shall be decided by the Minister of National Defense and the Minister of Public Security in accordance with the requirements of mission execution, state budget capacity, ensuring economy and efficiency.

2. The purchase price of motor vehicles for official positions and motor vehicles for general work purposes at agencies and units regularly operating in mountainous areas, remote regions, and economically disadvantaged areas as defined by the Government and the Prime Minister shall not exceed 1.5 times the price specified in points a and b of Clause 1 of this Article when purchasing two-wheel drive vehicles. In cases where it is necessary to purchase vehicles from 12 to 16 seats, the maximum purchase price is 1.1 billion VND per vehicle.

3. The purchase prices stipulated in Clause 1 and Clause 2 of this Article include all taxes required by law; they do not include land transfer fees, license plate issuance fees, insurance premiums, inspection fees, and road maintenance fees related to vehicle usage. If motor vehicles are exempted from taxes, the amount of tax exemption must be calculated to determine standards and quotas. The price of motor vehicles serving as the basis for determining standards and quotas in the case of transferring used motor vehicles shall be carried out according to the Government's Decree on standards and quotas for using motor vehicles.

4. Adjustments to the purchase price of motor vehicles in units of the People's Armed Forces shall be carried out according to the provisions of the Government's Decree on standards and quotas for using motor vehicles.

Article 8. Replacement of Motor Vehicles in Units of the People's Armed Forces

1. Motor vehicles equipped for leaders in the People's Army and the People's Public Security who are members of the Politburo, Secretaries of the Central Committee of the Communist Party, and other positions specified in point a of Clause 2 of Article 3 of this Decree may be replaced based on work requirements or when meeting one of the conditions stipulated in Clause 2 of this Article. The disposal of old motor vehicles after replacement shall be carried out according to the Law on Management and Use of State Assets and Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Assets (hereinafter referred to as Decree No. 151/2017/NĐ-CP).

2. Motor vehicles for official positions not covered by Clause 1 of this Article, motor vehicles for general work purposes, and shared specialized motor vehicles may be liquidated if they meet one of the following conditions:

a) They have exceeded the service life as prescribed by laws on management systems, depreciation, and amortization of fixed assets;

b) They have been used for over 200,000 kilometers in mountainous, island, and economically disadvantaged areas as defined by the Government and the Prime Minister; or over 250,000 kilometers in other areas;

c) The motor vehicles are damaged beyond repair or the repair is not cost-effective (the estimated major repair costs exceed 30% of the original price).

3. Specialized motor vehicles for individual use may be replaced based on the requirements of professional tasks in national defense and security, ensuring economy and efficiency.

Article 9. Reorganization and disposal of motor vehicles

1. Based on the standards and quotas for using motor vehicles prescribed in this Decree, the Minister of National Defense and the Minister of Public Security shall direct competent agencies under their management to conduct reviews and reorganize the existing number of motor vehicles; implement the disposal of surplus motor vehicles (if any) according to the forms prescribed in the Law on Management and Use of State Property, Decree No. 151/2017/ND-CP, and relevant laws; report to the Prime Minister before June 30, 2019.

2. In cases where units are found to be lacking motor vehicles compared to the prescribed standards and quotas after review, they shall be handled as follows:

a) The agency or person with authority decides to transfer motor vehicles from units with surplus vehicles after review;

b) The agency or person with authority decides to allocate motor vehicles as state assets for units to manage and use in accordance with the Law on Management and Use of State Property;

c) The agency or person with authority decides to purchase motor vehicles within the state budget allocation and other lawful sources of funding as prescribed by law.

Article 10. Handling of violations

1. The Minister of National Defense, the Minister of Public Security, and heads of agencies and units under the Ministry of National Defense and the Ministry of Public Security are responsible for inspecting compliance with the standards and quotas for using motor vehicles prescribed in this Decree throughout the entire process of purchasing, allocating, arranging, using, and disposing of motor vehicles.

2. Agencies, organizations, units, and individuals who violate laws on the management and use of motor vehicles shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused to the State, compensation must be made in accordance with the law.

3. Heads of agencies, organizations, and units are responsible for explaining and shall bear responsibility or joint liability if violations of laws on the management and use of motor vehicles occur in their agencies, organizations, or units; they shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

Article 11. Implementation Provisions

1. This Decree takes effect from July 15, 2018.

2. Abolish Decision No. 161/2008/QD-TTg dated December 4, 2008, of the Government Chairman regarding standards, quotas, and management and usage regulations for motor vehicles in agencies and units under the Ministry of National Defense, and Decision No. 40/2014/QD-TTg dated July 15, 2014, of the Government Chairman regarding standards, quotas, and management and usage regulations for motor vehicles in the People's Public Security Force.

3. The Minister of National Defense and the Minister of Public Security shall assign competent agencies to organize inspections of compliance with standards and quotas for using motor vehicles at people's armed forces units under their management in accordance with Article 27 of the Law on Management and Use of State Property.

4. The Minister of National Defense, the Minister of Public Security, and heads of agencies, units, organizations, and individuals related to this matter are responsible for implementing this Decree./.