The Government issued new regulations on standards and norms for car use.
The Government issued Decree 04/2019/ND-CP stipulating standards and norms for automobile use.
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This Decree stipulates standards and norms for car use; car usage budget; car rental services and rearrangement and handling of cars, including: Cars serving official positions; cars serving general work; specialized cars; cars serving state reception.
In particular, the Decree clearly stipulates that the positions that are allowed to regularly use a car, even when retired, without specifying the price are: General Secretary of the Party Central Committee; President; Prime Minister; Chairman of the National Assembly.
Officials holding the titles of Politburo member, Secretary of the Party Central Committee, Vice President, Deputy Prime Minister, Vice Chairman of the National Assembly, Chairman of the Central Committee of the Vietnam Fatherland Front, Chairman of the Central Inspection Committee, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, Secretary of the Hanoi Party Committee, Secretary of the Ho Chi Minh City Party Committee, equivalent titles and titles with a starting salary coefficient of 10.4 or higher are entitled to regularly use a car during their working time. Based on the actual situation at the time of car equipment, the Prime Minister decides on the type and purchase price of cars equipped for these positions at the proposal of the Minister of Finance based on the proposal of the Minister, Head of the central agency, Chairman of the People's Committee of the relevant province.
Positions that are regularly used for a car with a maximum purchase price of 1 billion 100 million VND/car during the working period include:
1- Heads of Party Central Committees, members of the Party Central Committee, members of the National Assembly Standing Committee, Chairman of the National Assembly's Ethnic Council, Chairmen of National Assembly Committees, State Auditor General, Ministers, Heads of ministerial-level agencies, Vice Chairman and General Secretary of the Central Committee of the Vietnam Fatherland Front, Heads of central mass organizations, equivalent positions and positions with a starting salary coefficient of 9.7 or higher.
2- Provincial and Municipal Party Committee Secretaries of provinces and centrally-run cities, except Hanoi and Ho Chi Minh City.
3- The following positions of Hanoi and Ho Chi Minh City: Deputy Secretary of the City Party Committee, Chairman of the People's Council, Chairman of the People's Committee, Head of the National Assembly Delegation.
Positions that are allowed to use a car to take them from home to work and on business trips with a maximum purchase price of 920 million VND/car include positions with the following standards:
- Deputy Head of the Party Central Committee, Vice Chairman of the National Assembly's Ethnic Council, Vice Chairman of the National Assembly's Committee, Deputy Chief Justice of the Supreme People's Court, Deputy Chief Prosecutor of the Supreme People's Procuracy, Deputy State Auditor General; Heads of Government agencies, Deputy Ministers, Vice Chairman of the Central Committee of the Vietnam Fatherland Front, Deputy Heads of central mass organizations, Standing Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union, General Director and leadership positions with a position allowance coefficient of 1.25 or higher.
- Deputy Secretary of Provincial Party Committee, City Party Committee, Chairman of People's Council, Chairman of People's Committee, Head of National Assembly Delegation of provinces and centrally run cities, except Hanoi and Ho Chi Minh City.
- The following positions of Hanoi and Ho Chi Minh City: Member of the Standing Committee of the City Party Committee, Vice Chairman of the People's Council, Vice Chairman of the People's Committee, Deputy Head of the National Assembly Delegation, Chairman of the Fatherland Front Committee.
- Chairman of the Board of Members, General Director of corporations and general companies established by decision of the Prime Minister (Economic Group).
In case the positions with the above criteria voluntarily receive the contract for car usage expenses, the Minister, Head of the central agency, the Standing Committee of the Provincial Party Committee, the City Party Committee, the Provincial People's Committee, the Board of Members of the Economic Group shall, based on the actual situation of the agency, organization, unit, economic group, the contract acceptance plan and the number of positions receiving the contracted expenses, consider and decide on the contracted expenses and the number of equipped cars, ensuring savings and efficiency between the arrangement of cars for work and the contracted expenses for car usage. The contracted expenses for car usage shall be implemented according to the provisions of Article 22 of this Decree.
In case all positions with the above standards of each Ministry, central agency, General Department, Provincial Party Committee, City Party Committee, People's Council, Provincial People's Committee, economic group apply the fixed cost of using cars for the entire process, cars will not be provided for the position.
The Decree also regulates cars for general work, including the positions that are eligible to use cars for general work when on business trips; cars for general work of Departments, Divisions and equivalent organizations under or directly under Ministries and central agencies; cars for general work of Departments, Divisions, Boards and equivalent organizations under or directly under General Departments and equivalent organizations (General Departments); cars for general work of Departments and equivalent organizations under or directly under General Departments with vertical industry apparatus located in provinces and centrally run cities; cars for general work of agencies, organizations and units under provincial level; cars for general work of district-level agencies; cars for general work of state-owned enterprises; cars for general work of Project Management Boards.
Rearrange and process cars
Regarding the rearrangement and handling of cars serving official positions and cars serving general work, the Government requests ministries, central agencies, and provincial People's Committees, based on the standards and norms for car use prescribed in this Decree, to review and rearrange the number of existing cars of agencies, organizations, and units under the management of ministries, central agencies, and localities; and handle surplus cars according to the provisions of the Law on Management and Use of Public Assets and documents detailing the implementation of the Law. The deadline for completion is before December 31, 2019.
Agencies, organizations and units are responsible for fully updating car data after review and processing into the National Database on Public Assets within the prescribed time limit.
State-owned enterprises, based on the standards and norms for car use prescribed in this Decree, shall review and rearrange the number of cars currently serving their work; handle surplus cars according to the provisions of law on management and use of state capital invested in production and business at enterprises and related laws. The deadline for completion is before December 31, 2019.
Regarding the rearrangement and handling of specialized vehicles, based on the standards and norms for the use of specialized vehicles issued by competent agencies and individuals, Ministries, central agencies, and provincial People's Committees shall organize the review and rearrangement of existing specialized vehicles of agencies, organizations, units, and state-owned enterprises under the management of Ministries, central agencies, and localities:
- In case existing specialized vehicles are suitable with issued standards and norms, they will continue to be managed and used; the number of these vehicles is counted in the issued standards and norms for the use of specialized vehicles.
- In case existing specialized vehicles do not comply with the issued standards and norms, they shall be handled according to the forms prescribed by the Law on Management and Use of Public Assets and documents detailing the implementation of the Law.
The handling of specialized vehicles that do not meet standards and norms must be completed within 6 months from the date the competent authority or person issues the standards and norms.
During the period when the competent authority or person has not yet issued standards and norms for the use of specialized vehicles, the agency, organization or unit managing and using specialized vehicles that have been equipped in accordance with the standards and norms issued by the competent authority or person before January 1, 2018, shall not deliver, purchase new vehicles or transfer them; after the competent authority or person issues standards and norms for the use of specialized vehicles, the ministry, central agency or provincial People's Committee shall organize the arrangement and handling according to the above provisions.
The Decree takes effect from February 25, 2019.