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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
30/2010/QD-TTg
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Hanoi,
March 15, 2010
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DECISION
PROMULGATING
THE REGULATION ON TITLES ELIGIBLE FOR, LIMIT QUANTITIES AND THE MANAGEMENT AND
USE OF VEHICLES FOR WORKING PURPOSES OF OVERSEAS VIETNAMESE AGENCIES
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Thrift Practice and Waste Combat;
Pursuant to the November 29, 2005 Law Against Corruption; and the August 4,
2007 Law Amending and Supplementing a Number of Articles of the Law Against
Corruption;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
Pursuant to the June 29, 2009 Law on Overseas Representative Missions of the
Socialist Republic of Vietnam;
At the proposal of the Minister of Finance,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on titles eligible for, limit
quantities and the management and use of vehicles for working purposes of
overseas Vietnamese agencies.
Article 2. This Decision
takes effect on April 28. 2010.
Article 3. Ministers and
heads of ministerial-level agencies, government-attached agencies, other
central agencies and concerned agencies shall implement this Decision.
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PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON
TITLES ELIGIBLE FOR, LIMIT QUANTITIES AND THE MANAGEMENT AND USE OF VEHICLES
FOR WORKING PURPOSES OF OVERSEAS VIETNAMESE AGENCIES
(Promulgated together with the Prime Minister s Decision No. 30/2010/QD-TTg
of March 15. 2010)
Chapter I
GENERAL PROVISIONS
Article 1. Subjects and scope
of application
1. Subjects of application
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b/ Other overseas Vietnamese
agencies outside the system of representative missions, which are set up by
ministries, ministerial-level agencies, other central agencies or
provincial-level People's Committees;
2. Scope of application:
Vehicles referred to in this Regulation include automobiles of all kinds and
other vehicles purchased with state budget capital or capital of state budget
origin (which include also loans, aid and donations of domestic and foreign
organizations or individuals or over which state ownership has been established
under law).
Article 2. Principles of
furnishing, arranging and using vehicles for representative missions and other
overseas Vietnamese agencies for working purposes
1. The furnishing of vehicles
for representative missions and other overseas Vietnamese agencies for working
purposes must comply with the criteria, norms and prices specified in this
Regulation and suit working conditions in each country, ensuring efficiency and
thrift.
2. The Minister of Foreign
Affairs shall decide on the purchase of vehicles for representative missions
for working purposes, while ministers, heads of ministerial-level agencies or
other central agencies or chairpersons of provincial-level People's Committees
shall decide on the purchase of vehicles for working purposes of other overseas
Vietnamese agencies under their management, within annually allocated budget
estimates.
3. Purchase prices of vehicles
specified in this Regulation are inclusive of relevant taxes and exclusive of
insurance cost, fees and other charges related to the use of vehicles under
regulations of host countries.
4. Insurance must be bought for
vehicles for representative missions and other overseas Vietnamese agencies for
working purposes under regulations of host countries.
5. Vehicles for working purposes
shall be managed and used under Vietnamese law on the management and use of
state property by representative missions and other overseas Vietnamese
agencies and relevant laws of host countries.
6. Illegally leasing, lending or
transferring or using for improper purposes vehicles is prohibited.
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SPECIFIC PROVISIONS
Article 3. Leaders of
representative missions eligible to be furnished with cars for working purposes
1. Ambassadors or chargé
d'affaires and heads of Vietnamese delegations at international organizations
each may regularly use for working purposes a car at a maximum price of USD
65.000. Consuls general each may regularly use for working purposes a car at a
maximum price of USD 60.000.
2. Based on market prices and
diplomatic requirements in each country or territory and the price levels
specified in Clause 1 of this Article, the Ministry of Foreign Affairs shall
decide on appropriate kinds, brands and purchase prices of cars to be furnished
for the titles defined in Clause 1 of this Article.
3. If. in order to meet the
Vietnamese State's diplomatic requirements in some key countries and areas,
external relations require the furnishing of cars for the titles defined in
Clause 1 of this Article at purchase prices higher than those specified in this
Decision, the Ministry of Foreign Affairs shall make decision after reaching
written agreement with the Ministry of Finance.
Article 4. Limit quantities
of cars to be furnished for representative missions for working purposes
1. Cadres, civil servants and
staff members of representative missions may. depending on specific conditions
and characteristics of their tasks, be furnished with cars for working purposes
under regulations of the heads of their missions.
2. Based on each mission's
payroll (excluding the titles eligible for cars under Clause 1. Article 3 of
this Decision), the Ministry of Foreign Affairs shall decide on the kinds and
brands of cars to be furnished for working purposes in the following limit
quantities:
No.
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Number
of cars to be
staff
furnished
1
1-4
1
2
5-7
2
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8-12
3
4
13-19
4
5
20-30
5-6
6
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7-8
7
41-50
8-9
8
Over
50
10
3. Purchase prices of cars to be
furnished in the limit quantities specified in Clause 2 of this Article are
stipulated as follows:
- Each representative mission
may buy a car at a maximum price of USD 45.000.
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Article 5. Limit quantities
of cars to be furnished for other overseas Vietnamese agencies for working
purposes
1. Depending on specific
conditions and characteristics of their tasks, cadres, civil servants and staff
members of other overseas Vietnamese agencies may be furnished with cars for
working purposes under regulations of the heads of their agencies.
2. Based on the payroll staff of
each of other overseas Vietnamese agencies, the furnishing of cars for working
purposes is specified as follows: one car for 4 officers or fewer, and 2 cars
for more than 4 officers, at the maximum purchase price of USD 35.000/car.
Article 6. Liquidation and
replacement of cars for working purposes
1. Cars for the titles defined
in Clause 1, Article 3 of this Regulation may be replaced after they have been
used for at least 5 years. In case a host country's law stipulates cars"
lifetime of less than 5 years, cars may be replaced under regulations of such
country.
2. Cars of representative
missions and other overseas Vietnamese agencies for working purposes shall be
liquidated under regulations of host countries. In case liquidation criteria
are not prescribed in the law of a host country, cars shall be liquidated under
the Vietnamese law.
3. When necessary to replace old
cars with new ones ahead of schedule, representative missions shall report to
the Minister of Foreign Affairs while other overseas Vietnamese agencies shall
report such replacement to ministers, heads of ministerial-level agencies or
other central agencies or chairpersons of provincial-level People's Committees
for consideration and decision after reaching written agreement with the
Ministry of Finance.
4. When conditions permit
replacement of vehicles for working purposes under the preferential regime of
host countries, representative missions or other overseas Vietnamese agencies
shall report such renewal to the managing agencies for consideration and
decision within the limit of the allocated budget estimates.
Article 7. Management and use
of cars for working purposes
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2. Based on specific conditions
in each country, the managing agencies may allocate package funds for the
furnishing of vehicles for working purposes on the principles of voluntariness,
ensuring that the package funds must be lower than expenses for the use of
public vehicles for working purposes.
3. When the number of furnished
cars is insufficient to meet urgent working needs, heads of representative
missions or other overseas Vietnamese agencies may decide to hire cars for
working purposes.
Article 8. Furnishing, management
and use of other vehicles other than cars (below referred to as other vehicles)
1. Based on socio-economic
conditions, topographical characteristics and working requirements in each
country or territory, the Minister of Foreign Affairs, other ministers, heads
of ministerial-level agencies or other central agencies or chairpersons of
provincial-level People's Committees shall decide on the purchase and
furnishing of other vehicles for overseas Vietnamese agencies under their
management for working purposes, ensuring thrift and efficiency, and within the
allocated budget estimates.
2. In case overseas Vietnamese
agencies wish to purchase other vehicles each at over USD 30,000 (inclusive of
relevant taxes), the Minister of Foreign Affairs, ministers of managing
ministries or chairpersons of provincial-level People's Committees shall decide
on the purchase after reaching written agreement with the Ministry of Finance.
3. The purchase, furnishing,
management and use of other vehicles must adhere to the principles specified in
Article 2 of this Regulation.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 9. Handling of
violations
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Article 10. Implementation
responsibility
1. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Foreign Affairs and concerned ministries, ministerial-level agencies, other
central agencies and provincial-level People's Committees in, organizing the
implementation of this Regulation.
2. When the USD-equivalent
market prices of cars in host countries increase or decrease by over 20% of the
prices specified in this Regulation, the Minister of Finance shall decide to
make appropriate adjustments.
3. Ministers, heads of
ministerial-level agencies or other central agencies, chairpersons of
provincial-level People's Committees, and heads of concerned agencies,
organizations and units shall implement this Regulation.-