Circular No. 94/2006/TT-BTC guiding the implementation of Decision No. 170/2006/QD-TTg dated July 18, 2006 of the Prime Minister on the issuance of regulations on standards, quotas for equipment and working tools of agencies and state officials, civil servants, and public employees.

 CIRCULAR

Guidelines for implementing Decision No. 170/2006/QĐ-TTg

dated July 18, 2006 of the Prime Minister on issuing

 Standards and norms for equipment and working tools of agencies and state officials

 On the basis of Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

_______________________

Based on Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government stipulating the system of applying administrative handling measures for placement in compulsory drug rehabilitation facilities (hereinafter referred to as Decree No. 221/2013/NĐ-CP);

On the basis of Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister on issuing standards and norms for equipment and working tools of agencies and state officials.

The Ministry of Finance provides guidelines for implementing certain provisions of Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister as follows:

1. Scope and objects subject to the standards and norms for equipment and working tools for state agencies according to Article 1 of the Regulations on standards and norms for equipment and working tools of agencies and state officials issued together with Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister.

For project management boards, the number of state officials and civil servants and the operational funds guaranteed by the state budget (state budget capital or counterpart capital from the state budget, loans, and aid) shall be implemented according to the standards and norms for equipment and working tools of agencies and state officials prescribed in Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister.

2. The standards and norms for equipment and working tools of state officials (including the amount of funding for procurement, quantity of equipment and working tools) stipulated in Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister are the maximum levels applicable for newly equipped offices; agencies only procure new equipment and working tools when they are still lacking compared to the standards and norms prescribed in the aforementioned Decision or must replace damaged or liquidated equipment and working tools. Based on the budget capacity and work requirements, gradually equip to ensure compliance with the standards and norms and replacement of damaged or liquidated equipment and working tools.

3. Regarding the equipment and working tools currently being used by state officials compared to the standards and norms:

- For state officials who have been provided with more equipment and working tools than the number specified in Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister, they must be rearranged according to the prescribed standards and norms. The excess equipment and working tools will be transferred to state officials who are still lacking compared to the prescribed standards and norms.

- For state officials who have been provided with the required number of equipment and working tools according to the prescribed standards and norms but exceed the value (purchased before the issuance of Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister), they may continue to use them.

- For state officials who have been provided with equipment and working tools but are still lacking in quantity compared to the prescribed standards and norms, based on the budget capacity, gradually provide additional equipment to ensure compliance with the prescribed standards and norms.

- In cases where state officials have been provided with the required number of equipment and working tools according to the prescribed standards and norms but their value is lower than the prescribed level, they can continue to use them until they are liquidated, after which they should be replaced according to the regulations.

4. When state officials change or transfer positions within departments in the agency, they continue to use existing equipment and working tools and do not purchase new ones. For promoted officials whose equipment and working tools are still lacking compared to the prescribed standards and norms, based on the budget capacity, gradually provide additional equipment to ensure compliance with the prescribed standards and norms.

If the agency has already been fully equipped according to the principle stated in point 3 above, it shall not transfer such equipment to subordinate agencies or other agencies to purchase new equipment according to the prescribed standards and norms.

5. Regarding the provision of additional necessary equipment outside the prescribed standards and norms as stipulated in Clause 4, Article 5 of the Regulations on standards and norms for equipment and working tools of agencies and state officials issued together with Decision No. 170/2006/QĐ-TTg dated July 18, 2006 of the Prime Minister, it shall be carried out as follows:

Based on the special nature and work requirements of some officials in the agency, the head of the agency within the allocated state budget estimate may consider and decide to provide additional equipment and working tools outside the prescribed standards and norms for officials, ensuring transparency, economy, and effectiveness.

6. Regarding the equipment and working tools for common-use rooms in the agency: meeting rooms, reception rooms, conference halls, duty rooms, public service rooms, storage rooms, and rooms for specific business activities.

6/ Regarding equipment and working tools for common-use rooms of the agency: meeting rooms, reception rooms, auditoriums, permanent duty rooms, public reception rooms, storage rooms, and rooms used for specific professional activities.

For common-use rooms of existing agencies that still ensure the requirements for joint work with current equipment and working tools, such agencies continue to use them without purchasing new ones to replace the currently used equipment and working tools. In cases where common-use rooms have not met the minimum working requirements, such as lacking sufficient desks, chairs, meeting room tables, auditorium tables and chairs, necessary sound equipment, and other equipment (if any), the agency heads must review the current status of equipment and working tools, identify additional procurement needs, develop specific equipment acquisition plans annually to determine the quantity, quality, and type of equipment suitable for the nature of work, the area of each room, and the agency's financial capacity, ensuring effective, economical procurement, and being responsible for their decisions.

7/ The budget for purchasing equipment and working tools shall be allocated within the annual state budget estimate approved by the competent authority according to the current state budget classification (including foreign aid funds and foreign loans if any): For the budget for purchasing equipment and working tools of Ministries, ministerial-level agencies, government agencies, the Office of the President, the National Assembly Office, specialized agencies under the National Assembly, People's Courts at all levels, and People's Procuratorates at all levels, it will be guaranteed by the central budget and other lawful sources as prescribed by law; the budget for purchasing equipment and working tools of provinces and centrally-administered cities will be guaranteed by local budgets and from other lawful sources as prescribed by law.

8/ State agencies at all levels shall base on the standards and norms for equipment and working tools; conduct reviews of the current equipment and working tools of the agency and officials; develop plans for equipping equipment and working tools, specifying in detail: According to the prescribed standards and norms, what has been equipped, what is lacking (or surplus) compared to the standards and norms, and the planned timeline for equipping divided by year.

Based on the plan for equipping equipment and working tools, state agencies forecast the annual budget procurement needs, consolidate them in the annual state budget estimate, and report to the superior management agency. Budget allocation must be based on the annual budget capacity assigned. Based on the state budget expenditure estimate approved by the competent authority, state agencies at all levels shall purchase equipment and working tools in accordance with the current regulations of the state, adhering to the prescribed standards and norms, ensuring effectiveness, practicing economy, and preventing waste.

9/ Ministers, heads of ministerial-level agencies, heads of government agencies, Director of the President's Office, Director of the National Assembly Office, heads of specialized agencies under the National Assembly, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, Chairpersons of Provincial People's Committees and centrally-administered city People's Committees are responsible for directing agencies under their management to review the current equipment and working tools of the agency and officials, develop plans and annual procurement budget needs based on the state budget capacity, to compile into the equipment and working tool equipping plan of their sector, field, or locality, following a specific timeline, ensuring gradual implementation according to the prescribed standards and norms.

10/ Responsibilities of agencies in managing and using the budget for purchasing equipment and working tools for agencies and officials:

a) Central and local state agencies are responsible for directing, guiding, inspecting, and approving the budget estimates for purchasing equipment and working tools of agencies under their jurisdiction and subordinate units.

b) Financial agencies at all levels are responsible for reviewing the budget allocation plans of state agencies, including the budget for purchasing equipment and working tools of state agencies; in cases where the allocation does not comply with the prescribed standards and norms or is inconsistent with the decision of the competent authority, they require the budget allocator to adjust accordingly.

Inspect and supervise the use of the budget for purchasing equipment and working tools in state agencies; in cases where procurement does not comply with the prescribed regulations, they request the State Treasury to temporarily suspend payment.

c) The State Treasury is responsible for controlling expenditures for purchasing equipment and working tools in accordance with Circular No. 79/2003/TT-BTC dated August 13, 2003, issued by the Ministry of Finance, guiding the management, issuance, and settlement of state budget expenditures through the State Treasury, in accordance with the prescribed standards and norms and current expenditure regulations.

11/ This Circular takes effect 15 days after its publication in the Official Gazette.