Nghị định 166/2017/NĐ-CP chế độ quản lý sử dụng tài sản công của cơ quan Việt Nam ở nước ngoài

• Số hiệu: 166/2017/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Nguyễn Xuân Phúc
• Ngày ban hành: 31/12/2017

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 166/2017/ND-CP	Hanoi, December 31, 2017

DECREE

PROVIDING FOR STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF PUBLIC PROPERTY OF OVERSEAS VIETNAMESE BODIES

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

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

At the request of the Minister of Finance;

The Government hereby promulgates a Decree providing for standards, norms and requirements for management and use of public property of overseas Vietnamese bodies.

Chapter I

GENERAL PROVISIONS

...

...

...

1. This Decree provides for standards, norms and requirements for management and use of public property of overseas Vietnamese bodies, specifically:

a) Offices and service providing facilities; housing; private houses of ambassadors;

b) Automobiles and other transport vehicles;

c) Machinery and equipment;

d) Other property per the law.

2. Property exchanged under an agreement between the Government of the Socialist Republic of Vietnam and the Government of the host country shall be managed and used in compliance with the signed agreement. If the property is built, upgraded, renovated, maintained or repaired by the Vietnamese side, it shall be managed and used according to regulations of this Decree.

Article 2. Regulated entities

1. Ministries, ministerial-level agencies, Governmental agencies and other central bodies (hereinafter referred to as “ministries”) and People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) to which overseas Vietnamese bodies are affiliated.

2. Overseas Vietnamese bodies.

...

...

...

4. Other persons involved in the management and use of public property of overseas Vietnamese bodies.

Article 3. Sources of public property of overseas Vietnamese bodies

1. In-kind property allocated by the State.

2. Property built, purchased and rented using state budget and other legal fund sources as per the law.

Article 4. Interpretation of terms

For the purposes of this Decree, the terms below shall be construed as follows:

1. “overseas Vietnamese bodies” includes:

a) Overseas missions of the Socialist Republic of Vietnam according to regulations of law on overseas missions of the Socialist Republic of Vietnam;

b) Other overseas Vietnamese bodies, which are bodies unaffiliated with missions, funded by state budget or other funding sources as prescribed by law and established by ministries and provincial People’s Committees as per the law.

...

...

...

3. “service providing facility" of an overseas Vietnamese body refers to land, working houses, service providing works and other property on land servicing management activities and public service provision of the overseas Vietnamese body.

4. “working area” of a title means the maximum area allocated to a work station in an office or service providing facility.

5. “private house" of an ambassador or head of a mission refers to land (if any), housing and other property on land used for foreign affairs and as housing for the ambassador or head of the mission. Area of a private house includes area for foreign affairs and residential area according to the standards and norms provided in this Decree.

6. “housing of officials and public employees” refers to land (if any), housing and other property on land used as housing for officials and employees of an overseas Vietnamese body (hereinafter referred to as “housing”). Housing may be located on the premises of the office or service providing facility or independently from the office or service providing facility of the overseas Vietnamese body.

Article 5. Rules for standard and norm application and management and use of public property of overseas Vietnamese bodies

1. Standards and norms for use of public property of overseas Vietnamese bodies provided in this Decree shall be used as the basis for budget estimate calculation and planning; allocation, investment in construction, purchase and renting of property, and provision of fixed funding for public property use; management, use and disposal of public property of overseas Vietnamese bodies.

2. Management and use of public property of overseas Vietnamese bodies must comply with standards, norms and requirements promulgated by competent Vietnamese authorities and persons according to regulations of this Decree and relevant law provisions.

Order of priority of requirements with which management and of public property of overseas Vietnamese bodies must comply:

a)  Conventions to which the Socialist Republic of Vietnam and host country are signatories;

...

...

...

c) Vietnamese law.

3. For persons holding multiple titles that have public property use standards, the highest standards and norms shall apply. When a predecessor reaches the end of their tenure or has a new job but public property equipped for them is ineligible for liquidation according to regulations, the successor may continue using the property instead of obtaining new pieces.

4. Public property purchase provided in this Decree shall be carried out in compliance with the law and only when it is included in state budget estimate of the overseas Vietnamese body.

5. When used public property is transferred or received, its price, which provides the basis for standard and norm determination, shall be its remaining value according to the ledger.

6. Prices in public property use norms provided in this Decree shall include taxes required according regulations of the host country and exclude premium, charges and other payments related to public property use according to regulations of the host country; if taxes are exempt, calculate the exact amount of exempted taxes to determine the public property use norm.

7. Exchange rates shall adhere to the exchange rate table published by the State Bank of Vietnam at the time of allocation, investment in construction, purchase or renting of property, provision of fixed funding for property use or public property disposal.

8. Payrolls used to determine standards and norms for use of public property of overseas Vietnamese bodies provided in this Decree shall be based on payroll quotas of overseas Vietnamese bodies approved by competent authorities as per regulations of law.

9. Property renting and provision of fixed funding for public property use must be more economical and efficient than allocation, investment in construction and purchase of property; support foreign affairs and protect state secrets as per regulations of law on state secret protection. Funding for renting and fixed funding shall be included in annual state budget estimates of overseas Vietnamese bodies.

Chapter II

...

...

...

Section 1. STANDARDS AND NORMS

Article 6. Standards and norms for use of working area and residential area

1. Working area and residential area of titles of overseas Vietnamese bodies with which host countries have a special relation or strategic partnership:

No.

Title

Maximum working area
(m^2/person)

Maximum residential area
(m^2/person)

1

Group 1: ambassadors, chargés d'affaires, heads of Vietnamese missions to international organizations, consul generals and equivalent titles

...

...

...

120

2

Group 2: ministers, minister-counselors, counselors, deputy heads of Vietnamese missions to international organizations, deputy consul generals, heads of other overseas Vietnamese bodies and equivalent titles

35

100

3

Group 3: heads and deputy heads of consular posts, secretaries; deputy heads of other overseas Vietnamese bodies and equivalent titles

15

70

...

...

...

Group 4: other titles (residential area is not allocated to contract employees)

10

60

2. Working area and residential area of titles of overseas Vietnamese bodies besides those mentioned in Clause 1 of this Article:

No.

Title

Maximum working area
(m^2/person)

Maximum residential area
(m^2/person)

1

...

...

...

40

110

2

Group 2: ministers, minister-counselors, counselors, deputy heads of Vietnamese missions to international organizations, deputy consul generals, heads of other overseas Vietnamese bodies and equivalent titles

30

90

3

Group 3: heads and deputy heads of consular posts, secretaries; deputy heads of other overseas Vietnamese bodies and equivalent titles

10

...

...

...

4

Group 4: other titles (residential area is not allocated to contract employees)

08

50

3. The Ministry of Foreign Affairs shall decide the overseas Vietnamese bodies to which the standards and norms in Clauses 1 and 2 of this Article are applicable based on the Government’s classification of foreign partners.

4. In case the titles mentioned in Clauses 1 and 2 of this Article are allowed to bring their families, each family member shall be allocated an additional 06 m^2 of residential area.

Article 7. Shared area in offices and service providing facilities

1. Shared area is area used for common activities in offices and service providing facilities of overseas Vietnamese bodies, including meeting rooms; rooms of standing members and security guards; medical rooms; common document storage rooms; call center rooms; document photocopy rooms; cafeterias; libraries; main lobbies, secondary lobbies and corridors, balconies and other necessary areas besides working areas of titles and specialized areas mentioned in Article 6 and Article 8 of this Decree.

Shared area shall exclude area occupied by columns, walls, technical boxes and staircases and parking area; these areas shall comply with construction standards.

...

...

...

a) Shared area shall account for up to 70% of total working area of titles if the overseas Vietnamese body has 30 workers or more;

b) Shared area shall account for up to 90% of total working area of titles if the overseas Vietnamese body has from 15 to fewer than 30 workers;

c) Shared area shall account for up to 130% of total working area of titles if the overseas Vietnamese body has from 05 to fewer than 15 workers;

d) Shared area shall account for up to 150% of total working area of titles if the overseas Vietnamese body has fewer than 05 workers.

Article 8. Specialized area in offices, service providing facilities and private houses

1. Specialized area includes:

a) Area for foreign affairs, which is used to welcome international guests and organize receptions and festivals. Depending on circumstances, area for foreign affairs may be located in private houses or offices of missions;

b) Specialized areas besides the area mentioned in Point a of this Clause such as discussion rooms, exhibition rooms, tradition rooms, memorial rooms and other specialized areas (if any) in offices and service providing facilities of overseas Vietnamese bodies.

2. Ministries shall promulgate standards and norms for use of specialized area of overseas Vietnamese bodies under their management after obtaining written approval from the Ministry of Finance (for overseas Vietnamese bodies under central management); Provincial People’s Committees shall promulgate standards and norms for use of specialized area of overseas Vietnamese bodies under their management after obtaining written approval from standing committees of People's Councils at the same level (for overseas Vietnamese bodies under local management).

...

...

...

Article 9. Investment in construction and purchase of offices, service providing facilities, housing and private houses

1. Investment in construction and purchase of offices, service providing facilities, housing and private houses will take place in the following cases:

a) The office, service providing facility, housing or private house is not available;

b) Area of the office, service providing facility, housing or private house has not met the applicable standard or norm, which affects task performance;

c) The office, service providing facility, housing or private house has degraded and does not guarantee user safety;

d) Other cases under the Prime Minister’s decision.

2. Procedures for and competence in deciding investment in construction and purchase of offices, service providing facilities, housing and private houses shall adhere to law provisions on public investment.

3. Investment in construction and purchase of offices, service providing facilities, housing and private houses shall be carried out according to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

Article 10. Renting of offices, service providing facilities, housing and private houses

...

...

...

2. Rental prices of offices, service providing facilities, housing and private houses shall be appropriate to rental prices of housing and land with similar conditions on the local market of the host country and standards and norms in this Decree.

3. If the rental contract requires a deposit, the overseas Vietnamese body may advance the deposit. The overseas Vietnamese body shall recollect the advance amount and will be reimbursed relevant costs such as lawyer costs, broker costs and other reasonable costs arising (if any).

4. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide to rent offices, service providing facilities, housing and private houses according to allocated budget estimates and decide to compensate for or repair offices, service providing facilities, housing and private houses damaged during use based on rental contracts.

5. For offices, service providing facilities, housing and private houses rented for 30 years or more, procedures for and competence in such decision shall adhere to law provisions on public investment.

Article 11. Provision of fixed funding for housing use

1. Fixed funding for housing use shall be provided when an overseas Vietnamese body does not have housing for a title eligible for housing and the title applies for fixed funding provision.

2. Fixed funding amounts shall be determined based on rental price of housing with similar conditions on the local market of the host country and as appropriate to residential area standards and norms in this Decree.

3. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of fixed funding for housing use of overseas Vietnamese bodies and funding amount in an economical and efficient manner.

4. Fixed funding shall be provided for funding recipients together with subsistence allowance on a monthly basis.

...

...

...

1. Offices, service providing facilities, housing and private houses shall be renovated and upgraded according to technical standards and requirements of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

Overseas Vietnamese bodies shall develop and propose projects on renovation or upgrade of degraded offices, service providing facilities, housing and private houses to competent authorities according to regulations in Clause 2 of this Article for approval.

2. Competence in approving projects on renovation or upgrade of offices, service providing facilities, housing and private houses shall adhere to law provisions on public investment.

Heads of ministries and provincial People’s Committees have the power to approve or authorize heads of overseas Vietnamese bodies to approve regular or small renovation projects.

Article 13. Selling of offices, service providing facilities, housing and private houses

1. Offices, service providing facilities, housing and private houses shall be sold in the cases mentioned in Clause 1 Article 43 of the Law on Management and Use of Public Property. Such selling must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Competence in decision:

a) The Prime Minister has the power to decide the selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies in the case mentioned in Point a Clause 2 Article 22 of Decree No. 151/2017/ND-CP at the request of heads of ministries and provincial People’s Committees managing the property to be sold and with the written approval of the Ministry of Finance;

b) Heads of ministries and provincial People’s Committees have the power to decide the selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies under their management besides the cases mentioned in Point a of this Clause with the written approval of the Ministry of Finance.

...

...

...

Article 14. Liquidation of houses, works and other property of offices, service providing facilities, housing and private houses

1. Houses, works and other property of offices, service providing facilities, housing and private houses shall be liquidated in the cases mentioned in Clause 1 Article 45 of the Law on Management and Use of Public Property. Such liquidation must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Heads of ministries and provincial People’s Committees have the power to decide or authorize heads of overseas Vietnamese bodies to decide the liquidation of houses, works and other property of offices, service providing facilities, housing and private houses under their management.

In case liquidation needs to take place before the given deadline, heads of ministries and provincial People’s Committees shall consider and decide such liquidation with written approval from the Ministry of Finance.

3. Liquidation shall take place via a liquidation council established by the head of the overseas Vietnamese body. The council shall have the head of the overseas Vietnamese body as its chairperson and representatives of relevant units of the overseas Vietnamese body as its members.

4. Amounts collected from the liquidation of houses, works and other property of offices, service providing facilities, housing and private houses shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

Article 15. Rearrangement and handling of offices, service providing facilities, housing and private houses

1. Overseas Vietnamese bodies shall rearrange and handle offices, service providing facilities, housing and private houses according to their intended purposes, in compliance with the standards and norms in this Decree and as suitable for the organization and apparatus as per the law.

Rearrangement and handling plans shall be formulated for all offices, service providing facilities, housing and private houses managed and used by an overseas Vietnamese body in each area.

...

...

...

3. Facilities not used for the intended purposes or no longer used shall be handled according to regulations of the Law on Management and Use of Public Property and Decree No. 151/2017/ND-CP.

4. Heads of overseas Vietnamese bodies shall formulate and submit plans for rearrangement and handling of offices, service providing facilities, housing and private houses that they are managing or using to ministries and provincial People’s Committees to:

a) Propose plans for selling of offices, service providing facilities, housing and private houses to the Prime Minister for consideration and approval according to regulations in Point a Clause 2 Article 13 herein.

b) Have plans for rearrangement and handling of offices, service providing facilities, housing and private houses besides the cases mentioned in Point a of this Clause approved with the written approval of the Ministry of Finance.

5. Amounts collected from the rearrangement and handling of offices, service providing facilities, housing and private houses shall be managed and used according to regulations in Clause 3 Article 13 or Clause 4 Article 14 of this Decree.

Chapter III

STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF AUTOMOBILES AND OTHER TRANSPORT VEHICLES OF OVERSEAS VIETNAMESE BODIES

Section 1. STANDARDS AND NORMS

Article 16. Standards and norms for use of automobiles of missions

...

...

...

a) Ambassadors and equivalent titles, chargés d'affaires and heads of Vietnamese missions to international organizations may regularly use 01 automobile priced at up to USD 65.000/automobile to perform their duties. Consul generals and equivalent titles may regularly use 01 automobile priced at up to USD 60.000/automobile to perform their duties;

b) Based on price levels and requirements concerning foreign affairs in each country and territory and prices provided in Point a of this Clause, the Ministry of Foreign Affairs shall decide suitable types, makes and prices of automobiles equipped for the titles mentioned in Point a of this Clause.

2. Standards and norms for use of automobiles for general business:

a) Titles of missions may use automobiles to perform their duties according to specific conditions and the nature of those duties as per regulations of the heads of their missions;

b) Based on the number of workers on payroll (excluding titles already equipped with an automobile mentioned in Clause 1 of this Article), the Minister of Foreign Affairs shall decide to equip automobiles for general business of missions according to the following norms:

No.

Number of workers on payroll (person)

Maximum number of automobile (unit)

1

...

...

...

01

2

04 - 06

02

3

07 - 12

03

4

13 - 19

...

...

...

5

20 - 30

06

6

31 - 40

08

7

41 - 50

09

...

...

...

More than 50

10

c) In case some units are consolidated into a mission, norm for use of automobiles for general business of the consolidated units shall be proportional to the number of workers on payroll of each unit according to regulations in Point b of this Clause;

d) Prices:

- Each mission may purchase 01 automobile priced at up to USD 45.000/automobile.

- The remaining automobiles may be purchased with a price of up to USD 35.000/automobile.

3. In case it is necessary to equip automobiles with 09 seats or more for foreign affairs-related delegations in some key areas, the Ministry of Foreign Affairs and Ministry of Finance shall reach an agreement on the type and number of automobiles to be equipped for the missions. Automobiles equipped according to regulations of this Clause shall be excluded from norms for use of automobiles for general business of the missions according to regulations in Clause 2 of this Article.

Article 17. Standards and norms for use of automobiles for general business of other overseas Vietnamese bodies

1. Based on number of workers on payroll, norms for use of automobiles for general business of other overseas Vietnamese bodies shall be determined as follows:

...

...

...

Number of workers on payroll (person)

Maximum number of automobile (unit)

1

01 - 03

01

2

04 - 06

02

3

...

...

...

03

2. Automobiles used for operations of other overseas Vietnamese bodies shall be priced at up to USD 35.000/automobile.

Article 18. Automobile price adjustment

In case it is necessary to equip automobiles at higher prices than mentioned in Article 16 and Article 17 of this Decree for foreign affairs activities of the Vietnamese State in some key countries and areas:

1. Heads of ministries and provincial People’s Committees shall consider and decide a price higher than the prices mentioned in this Decree by no more than 10%;

2. In case it is necessary to equip automobiles for general business at a price higher than mentioned in this Decree by 10% to 20%, heads of ministries shall consider and decide the price with the written approval of the Ministry of Finance; Chairpersons of provincial People’s Committees shall consider and decide the price with the written approval of standing committees of People's Councils at the same level;

3. In case it is necessary to equip automobiles for general business at a price higher than mentioned in this Decree by more than 20%, the Minister of Finance shall report to the Prime Minister for consideration and decision based on written requests from heads of ministries and provincial People’s Committees.

Article 19. Provision of other transport vehicles

1. Based on socio-economic circumstances, topographic characteristics and specific operating requirements in each country and territory, heads of ministries and provincial People’s Committees shall consider and decide to equip other transport vehicles (besides automobiles) for operations of overseas Vietnamese bodies under their management in an economical and efficient manner and as appropriate to available funding.

...

...

...

Section 2. MANAGEMENT AND USE REQUIREMENTS

Article 20. Purchase of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be purchased in the cases mentioned in Clause 1 Article 31 of the Law on Management and Use of Public Property.

2. Heads of ministries and provincial People’s Committees have the power to decide the economical and efficient purchase of automobiles and other transport vehicles for operations of overseas Vietnamese bodies under their management within annually allocated budget estimates.

Article 21. Renting of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be rented in the cases mentioned in Clause 1 Article 32 of the Law on Management and Use of Public Property.

2. Rental prices of automobiles and other transport vehicles shall be determined based on rental price of equivalent vehicles on the local market of the host country and as appropriate to the standards and norms in this Decree.

3. Heads of overseas Vietnamese bodies have the power to decide economical and efficient renting of automobiles and other transport vehicles.

Article 22. Maintenance and repair of automobiles and other transport vehicles

...

...

...

2. Heads of overseas Vietnamese bodies have the power to decide economical and efficient maintenance and repair of automobiles and other transport vehicles. Funding for such maintenance and repair shall be included in annually allocated budget estimates of overseas Vietnamese bodies.

Article 23. Selling of automobiles and other transport vehicles

1. Automobiles and other transport vehicles shall be sold in the cases mentioned in Clause 1 Article 43 of the Law on Management and Use of Public Property. Such selling must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide the selling of automobiles and other transport vehicles of overseas Vietnamese bodies.

3. Amounts collected from the selling of automobiles and other transport vehicles shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

Article 24. Liquidation and replacement of automobiles and other transport vehicles

1. Automobiles servicing the titles mentioned in Clause 1 Article 16 of this Decree may be replaced after they have been used for at least 06 years, unless otherwise provided for by the law of the host country.

Automobiles eligible for replacement according to regulations but still operating properly shall be handled according to regulations of Decree No. 151/2017/ND-CP.

2. Automobiles for general business of other overseas Vietnamese bodies shall be liquidated according to the law of the host country. If this matter is not provided by the law of the host country, these automobiles shall be liquidated in the following cases:

...

...

...

b) The automobile has not expired but it is damaged beyond repair or repair is inefficient (estimated repair costs are higher than original price by more than 30%).

3. In case automobile liquidation or replacement needs to take place before the given deadline, heads of overseas Vietnamese bodies shall report to heads of ministries and provincial People’s Committees for consideration and decision with the written approval from the Ministry of Finance.

4. When an automobile may be replaced thanks to an incentive from the host country, the head of the overseas Vietnamese body shall report to the head of ministry or provincial People’s Committee for consideration and decision within allocated budget estimate.

5. Other transport vehicles shall be liquidated according to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

6. Heads of overseas Vietnamese bodies have the power to decide the liquidation of automobiles and other transport vehicles.

7. Amounts collected from the liquidation of automobiles and other transport vehicles shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

Chapter IV

STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF MACHINERY, EQUIPMENT AND OTHER PROPERTY OF OVERSEAS VIETNAMESE BODIES

Section 1. STANDARDS AND NORMS

...

...

...

1. Common office equipment and machinery of overseas Vietnamese bodies include common office equipment and machinery provided for titles and offices of titles.

2. Common office equipment and machinery provided for titles and offices of titles are elaborated in Appendix I enclosed therewith.

3. Heads of ministries and provincial People’s Committees shall decide ceiling prices of common office equipment and machinery for each locality in compliance with the following requirements:

a) Machinery and equipment have technical standards that meet work requirements and are commonly used in offices in the host country; do not purchase machinery and equipment with high technical standards, resulting in wastefulness;

b) The ceiling price is decided based on prices from at least 03 providers publicly posted in the host country or official information published online by providers according to regulations of the host country for the machinery and equipment mentioned in Point a of this Clause;

c) The ceiling price is within state budget capacity.

4. Based on actual working conditions in each country and annually allocated budget estimates, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of common office equipment and machinery mentioned in Clause 2 of this Article within the ceiling prices decided according to regulations in Clause 3 of this Article in an economical and efficient manner and as appropriate to the nature of the work and diplomatic relations, and take responsibility for their decisions.

5. Besides the common office equipment and machinery mentioned in Appendix I enclosed therewith, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of other necessary common office equipment and machinery as appropriate to the functions, duties, nature of the work, need and state budget capacity in an economical and efficient manner.

Article 26. Standards and norms for use of machinery and equipment for general operations

...

...

...

a) Machinery and equipment provided for rooms where general operations of overseas Vietnamese bodies take place;

b) Machinery and equipment connected with housing, architectural objects and construction works and other machinery and equipment for general operations of overseas Vietnamese bodies.

2. Based on functions, duties, need, construction designs of offices and service providing facilities and state budget estimates of overseas Vietnamese bodies, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of machinery and equipment for general operations of overseas Vietnamese bodies in an economical and efficient manner.

Article 27. Standards and norms for use of specialized equipment and machinery

1. Specialized machinery and equipment of overseas Vietnamese bodies are machinery and equipment with higher requirements for functions, capacity and configurations than common office machinery and equipment and other machinery and equipment and supporting specialized duties of overseas Vietnamese bodies.

2. Ministries and provincial People’s Committees shall promulgate or delegate promulgation of standards and norms for use of specialized machinery and equipment (type and quantity) of overseas Vietnamese bodies under their management as appropriate to the functions and duties of these bodies and state budget capacity.

3. Heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide the purchase of specialized machinery and equipment of overseas Vietnamese bodies within their competence in compliance with standards and norms promulgated according to regulations in Clause 2 of this Article in an economical and efficient manner, and take responsibility for their decisions.

4. Promulgation of standards and norms for use of specialized machinery and equipment mentioned in Clause 2 of this Article is applicable to machinery and equipment qualified as fixed assets according to regulations on management and depreciation of fixed assets at regulatory bodies, organizations and units.

Heads of overseas Vietnamese bodies shall decide provision of specialized machinery and equipment not qualified as fixed assets as appropriate to the functions, duties, nature of the work, need and funding of these bodies in an economical and efficient manner.

...

...

...

1. Daily living objects provided for titles of overseas Vietnamese bodies and accompanying persons are objects connected with housing and private houses, including working desk and chair sets, guest table and chair sets, dining table and chair sets, file cabinets, televisions, landline phones, wardrobes, beds, mattresses, refrigerators, washing machines, microwaves, stoves and other objects (if needed).

2. Daily living objects connected with housing of officials and public employees of overseas Vietnamese bodies are provided in Appendix II enclosed therewith.

3. Heads of ministries and provincial People’s Committees shall decide ceiling prices of daily living objects for each locality in compliance with the following requirements:

a) Daily living objects have technical standards that meet daily living requirements and are commonly used in the host country; do not purchase daily living objects with high technical standards, resulting in wastefulness;

b) The ceiling price is decided based on prices from at least 03 providers publicly posted in the host country or official information published online by providers according to regulations of the host country for the daily living objects mentioned in Point a of this Clause;

c) The ceiling price is within state budget capacity.

4. Based on actual working conditions in each country and annually allocated budget estimates, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of daily living objects mentioned in Clause 2 of this Article within the ceiling prices decided according to regulations in Clause 3 of this Article in an economical and efficient manner and as appropriate to living conditions in the host country, and take responsibility for their decisions.

5. Rented housing already equipped with suitable daily living objects by the lessor may be provided with missing daily living objects according to regulations of this Decree.

6. Besides the daily living objects mentioned in Appendix II enclosed therewith, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide provision of other necessary daily living objects as appropriate to living conditions in the host country and actual need of overseas Vietnamese bodies.

...

...

...

Based on socio-economic circumstances and specific operating requirements in each country and territory, heads of ministries and provincial People’s Committees shall consider and decide to equip other property (besides the machinery and equipment mentioned in Articles 25, 26, 27 and 28 of this Decree) for operations of overseas Vietnamese bodies under their management in an economical and efficient manner and as appropriate to available funding.

Section 2. MANAGEMENT AND USE REQUIREMENTS

Article 30. Purchase of machinery, equipment and other property

1. Machinery, equipment and other property shall be purchased in the cases mentioned in Clause 1 Article 31 of the Law on Management and Use of Public Property.

2. Heads of ministries and provincial People’s Committees have the power to decide or delegate decision on the purchase of machinery, equipment and other property of overseas Vietnamese bodies under their management.

Article 31. Renting of machinery, equipment and other property

1. Machinery, equipment and other property shall be rented in the cases mentioned in Clause 1 Article 32 of the Law on Management and Use of Public Property.

2. Rental prices of machinery, equipment and other property shall be determined based on rental price of equivalent machinery, equipment and other property on the local market of the host country and as appropriate to the standards and norms in this Decree.

3. Heads of overseas Vietnamese bodies have the power to decide economical and efficient renting of machinery, equipment and other property.

...

...

...

1. Fixed funding for use of common office equipment and machinery shall be provided in a voluntary manner and in the following cases:

a) A title eligible for machinery and equipment provision has not been provided with sufficient machinery and equipment as per standards and norms;

b) Available common office machinery/equipment is damaged, can no longer be used or cannot be used safely and qualified for liquidation.

2. Fixed funding for use of common office equipment and machinery shall be calculated using the following formula:

Fixed funding for use of common office equipment/machinery per month

=

Market price of new common office equipment/machinery

:

Useful life per regulations (year)

...

...

...

12 months

In which:

- Price of new common office equipment/machinery is the common market price (publicly posted by providers in the host country or from official information published online by providers according to regulations of the host country) or based on buying prices of previous periods and must not be higher than the ceiling price mentioned in Article 25 herein.

- Use life of common office equipment/machinery is determined according to regulations of law of the host country; if this matter is not provided for by the law of the host country, comply with Vietnamese law. For common office equipment/machinery not provided for by the law of the host country or Vietnamese law, use life shall be 05 years.

3. Based on types of common office equipment and machinery and actual working conditions of officials and public employees of overseas Vietnamese bodies, heads of ministries and provincial People’s Committees shall decide or authorize heads of overseas Vietnamese bodies to decide fixed funding for use of common office equipment and machinery for titles of overseas Vietnamese bodies in a safe, economical and efficient manner and within their competence.

4. Titles receiving fixed funding for use of common office equipment and machinery shall equip, maintain and repair the equipment and machinery themselves and ensure that the equipment and machinery can support their work.

5. Fixed funding shall be provided for funding recipients together with subsistence allowance on a monthly basis.

Article 33. Liquidation of machinery, equipment and other property

1. Machinery, equipment and other property shall be liquidated according to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

...

...

...

3. Heads of overseas Vietnamese bodies have the power to decide liquidation of machinery, equipment and other property.

4. Amounts collected from the liquidation of machinery, equipment and other property shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

Chapter V

IMPLEMENTATION CLAUSE

Article 34. Implementation clauses

1. This Decree comes into force from January 01, 2018.

2. Matters concerning the management and use of public property of overseas Vietnamese bodies not provided in this Decree shall adhere to regulations of the Law on Management and Use of Public Property and guiding documents thereof.

3. Decree No. 23/2010/ND-CP , Decision No. 08/2012/QD-TTg, Decision No. 30/2010/QD-TTg and Circular No. 341/2016/TT-BTC are annulled.

Article 35. Transition clauses

...

...

...

2. Standards and norms for use of specialized property promulgated by ministries and provincial People's Committees before the entry into force of this Decree and in compliant with regulations of this Decree may continue to be used.

Article 36. Implementing responsibility

1. The Ministry of Finance shall provide guidelines for the implementation of this Decree.

2. Heads of ministers and provincial People’s Committees shall:

a) Decide or delegate decision on management and use of public property of overseas Vietnamese bodies under their management according to regulations of this Decree and other relevant documents;

b) Direct, provide guidance on and inspect management and use of public property of overseas Vietnamese bodies under their management according to regulations of this Decree and other relevant documents;

c) Inspect and handle violations against the law on management and use of public property of overseas Vietnamese bodies under their management within their competence;

d) Report and input data on management and use of public property of overseas Vietnamese bodies under their management into the national public property database according to guidelines of the Ministry of Finance.

3. Heads of overseas Vietnamese bodies shall exercise the rights and fulfill the obligations mentioned in Article 23 of the Law on Management and Use of Public Property.

...

...

...

P.P. THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

APPENDIX I

STANDARDS AND NORMS FOR COMMON OFFICE MACHINERY AND EQUIPMENT PROVIDED FOR OFFICIALS, PUBLIC EMPLOYEES AND EMPLOYEES OF OVERSEAS VIETNAMESE BODIES

(Enclosed with the Government’s Decree No. 166/2017/ND-CP dated December 31, 2017)

No.

Standard/Norm

...

...

...

I

Group 1: ambassadors, chargés d'affaires, heads of Vietnamese missions to international organizations, consul generals and equivalent titles

I.1

Common office machinery and equipment for the title (for 01 person)

1. Working desk and chair set

01 set

...

...

...

2. File cabinet

01 piece

3. Computer or laptop (or equivalent electronic device)

01 piece

4. Landline phone (excluding phones for official business)

01 piece

I.2

...

...

...

1. Meeting table and chair set

01 set

2. Guest table and chair set

01 set

3. Printer

...

...

...

II

Group 2: ministers, minister-counselors, counselors, deputy heads of Vietnamese missions to international organizations, deputy consul generals, heads of other overseas Vietnamese bodies and equivalent titles

II.1

Common office machinery and equipment for the title (for 01 person)

1. Working desk and chair set

01 set

...

...

...

2. File cabinet

01 piece

3. Computer or laptop (or equivalent electronic device)

01 piece

4. Landline phone (excluding phones for official business)

01 piece

II.2

...

...

...

1. Meeting/Guest table and chair set

01 set

2. Printer

01 piece

III

Group 3: heads and deputy heads of consular posts, secretaries; deputy heads of other overseas Vietnamese bodies and other titles

...

...

...

III.1

Common office machinery and equipment for the title (for 01 person)

1. Working desk and chair set

01 set

2. Computer (including computer desk and uninterruptible power supply)

01 set

...

...

...

3. Landline phone

01 piece

III.2

Common office machinery and equipment for the title’s office (for 01 office)

1. Meeting/Guest table and chair set

01 set

...

...

...

03 pieces

3. Containers for official dispatches to be sent and received

03 sets

4. Printer

02 pieces

5. Photocopy machine

...

...

...

6. Fax machine

01 piece

7. Scanner

01 piece

8. Landline phone (if an internal telephone switchboard is not available)

01 piece

...

...

...

APPENDIX II

STANDARDS AND NORMS FOR DAILY LIVING OBJECTS OF OVERSEAS VIETNAMESE BODIES

(Enclosed with the Government’s Decree No. 166/2017/ND-CP dated December 31, 2017)

No.

Standard/Norm

Maximum quantity

I

Group 1: ambassadors, chargés d'affaires, heads of Vietnamese missions to international organizations, consul generals and equivalent titles

...

...

...

1. Working desk and chair set

01 set

2. Guest table and chair set

01 set

3. Dining table and chair set

01 set

...

...

...

01 piece

5. Television

01 piece

6. Landline phone

01 piece

7. Wardrobe

...

...

...

8. Bed and mattress

02 sets

9. Refrigerator

01 piece

10. Washing machine

01 piece

...

...

...

11. Microwave

01 piece

12. Stove

01 piece

II

Group 2: ministers, minister-counselors, counselors, deputy heads of Vietnamese missions to international organizations, deputy consul generals, heads of other overseas Vietnamese bodies and equivalent titles

...

...

...

01 set

2. Guest table and chair set

01 set

3. Dining table and chair set

01 set

4. File cabinet

...

...

...

5. Television

01 piece

6. Landline phone

01 piece

7. Wardrobe

02 pieces

...

...

...

8. Bed and mattress

02 sets

9. Refrigerator

01 piece

10. Washing machine

01 piece

...

...

...

01 piece

12. Stove

01 piece

III

Group 3: heads and deputy heads of consular posts, secretaries; deputy heads of other overseas Vietnamese bodies and other titles

1. Working desk and chair set

...

...

...

2. Guest table and chair set

01 set

3. Dining table and chair set

01 set

4. File cabinet

01 piece

...

...

...

5. Television

01 piece

6. Landline phone

01 piece

7. Wardrobe

02 pieces

...

...

...

02 sets

9. Refrigerator

01 piece

10. Washing machine

01 piece

11. Microwave

...

...

...

12. Stove

01 piece