Decree 72/2023/ND-CP standards and norms for use of automobiles

DECREE

Providing for standards and norms for use of automobiles

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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 promulgates the Decree regulating standards and norms for use of automobiles.

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for standards and norms for use of automobiles; provision of fixed funding for use of automobiles; hire of automobile services; rearrangement and disposal of automobiles, including:

a) Automobiles serving business affairs of position holders.

b) Automobiles serving general affairs.

c) Specialized automobiles.

d) Automobiles serving state reception.

2. Standards and norms for using automobiles at units of the people's armed forces under the Ministry of National Defense and the Ministry of Public Security and standards and norms for using automobiles of Vietnamese agencies abroad shall comply with the Government's regulations.

3. Automobiles serving production and business operation of state-owned enterprises comply with the provisions of law on management and use of state capital invested in production and business at enterprises and relevant laws; are not within the scope of regulation of this Decree.

Automobiles serving the provision of foreign transport services (beyond the standards and norms of automobiles serving state reception specified in Article 18 of this Decree) of the public non-business units under the Ministry of Foreign Affairs shall be considered and decided by the Minister of Foreign Affairs on investment and equipment of automobiles, ensuring efficiency and not use the state budget for purposes of procurement, management and operation of automobiles; not be adjusted in accordance with this Decree.

4. Standards and norms for using automobiles of public non-business units stipulated or approved by the competent agencies and persons for the Scheme on application of financial mechanisms like enterprises in accordance with the law shall be implemented as follows:

a) Standards and norms for using automobiles serving business affairs of position holders are applied in accordance with this Decree.

b) Standards and norms for using automobiles serving general affairs and specialized automobiles shall be considered and decided by the Ministers, the Heads of the central agencies, and the People's Committees of the provinces and centrally-run cities (after asking for opinions from the relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee) to meet the requirements for performing the task of providing public services assigned by the competent agencies and people, in accordance with the unit's authorized funding sources, ensuring savings, efficiency and not using state budget for procurement; do not comply with this Decree.

Article 2. Subjects of application

1. The subjects of application of the Decree include:

a) The State agencies, the agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, the Trade Union of Vietnam, the Vietnam Peasants' Association, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam War Veterans’ Association, the public non-business units, the management units of state budget-funded projects (hereinafter referred to as agencies, organizations, units).

b) The enterprises with 100% of charter capital held by the State, agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and the socio-political organizations which have their operating expenses covered by the state budget, including the enterprises that are subsidiaries and affiliated units (hereinafter referred to as state-owned enterprises).

c) The mass associations with specific characteristics supported by the State with automobiles according to Article 20 of this Decree.

d) Other organizations and individuals involved in determining, promulgating, and applying standards and norms for use of automobiles.

2. For the off-budget state financial institutions, under the applied financial mechanism of the unit or organization, the standards and norms for use of automobiles are applied according to the standards and norms for use of automobiles of the corresponding model specified in this Decree; the funding source to purchase automobiles is covered by the organizations themselves, and the state budget is not used to purchase automobiles.

Article 3. Principles for application of standards, norms and replacement of automobiles serving affairs

1. Standards and norms for use of automobiles specified in this Decree are used as a basis for: planning and budget estimates; assignment, procurement, arrangement, and provision of fixed funding for use or hire of automobile services; management, use and disposal of automobiles.

2. In case a person holds multiple titles or position with standards for use of automobiles, he/she will be entitled to the most favorable privilege. When the predecessor retires, resigns or is reassigned but his/her automobile does not meet conditions for replacement or liquidation according to regulations, the successor shall continue to use without replacement, except in case, under the decision of a competent agency or person, the automobile is handled in accordance with the law on management and use of public property.

For the alternate member of the Party Central Committee, the standards and norms for use of automobiles are applied according to his/her position.

For leadership and management titles and positions in agencies, organizations and units that are not specifically regulated in Articles 5, 6, 7 and 8 of this Decree, when the competent authority stipulates that the title or position is equivalent to any title or position specified in Article 5, Article 6, Article 7 and Points a, b, c, d, dd, Clause 2, Article 8 of this Decree, the standards for use of automobiles under titles and of automobiles serving business affairs of holders with equivalent titles and positions shall apply.

3. Automobiles serving business affairs of position holders specified in Articles 4 and 5 of this Decree are equipped and replaced according to work requirements; the disposal of used automobiles upon replacement is carried out in accordance with the Law on Management and Use of Public Property and documents detailing the implementation of the Law.

Automobiles serving state reception are replaced in accordance with Clauses 1 and 2, Article 19 of this Decree; the disposal of used automobiles upon replacement is carried out according to Clause 3, Article 19 of this Decree.

4. Automobiles not specified in Clause 3 of this Article will be replaced when eligible for liquidation. The liquidation of automobiles is carried out when one of the following conditions is met:

a) Its service life has expired in accordance with the law on management and depreciation of fixed assets.

b) The automobile mileage has exceeded 200,000 km for automobiles of agencies, organizations, units, state-owned enterprises with headquarters located in mountainous areas, islands, and areas with extremely difficult socio-economic conditions according to regulations of the Government, the Prime Minister or/and located in provinces and cities with over 50% of district-level administrative units in mountainous areas, islands, and areas with extremely difficult socio-economic conditions according to regulations of the Government and the Prime Minister; the automobile mileage has exceeded 250,000 km for automobiles of the remaining agencies, organizations, units, and state-owned enterprises.

c) The conditions specified at Points a and b of this Clause are not fully satisfied but the automobile's damage is beyond repair or the repair is ineffective (the repair cost estimate is 30% higher than the original price).

5. Principles for determining automobile purchase price:

a) The automobile purchase price in the standards and norms is the purchase price including all taxes payable in accordance with the law, after deducting discounts and rebates (if any); not including: registration fee; fees for registration and issuance of vehicle license plates; insurance charges; fees for issuance of certificates of technical safety and environmental protection inspection for motor vehicles and specialized motorcycles; road maintenance charges related to vehicle use. In case the automobile is exempt from taxes (import duty, excise tax, value added tax), this exempted tax amount must be included in the automobile purchase price to determine standards and norms.

In case more than 01 year from the effective date of this Decree, there is increase in the price of automobiles on the market, the ministries, the central agencies, the Standing Committees of the Provincial Party Committees, the City Party Committees, and the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the Provincial-level People’s Committee), the Members’ Council, and the Board of Directors of economic groups may consider and decide on the higher automobile purchase price; however, the increase must not exceed 15% compared to the price specified in this Decree for agencies, organizations, units, and state-owned enterprises under their management.

When the popular automobile prices on the market increase or decrease by more than 15% compared to the prices specified in this Decree, the Minister of Finance submits to the Prime Minister for consideration and decision to adjust the automobile purchase price specified in this Decree accordingly.

b) The price of automobile as a basis for determining standards and norms in case of delivery or transfer of used automobiles is the remaining value on the accounting books or the reassessed value in accordance with the law (for automobiles whose value has not been tracked in accounting books or must be reassessed upon disposal in accordance with the law), ensuring that the remaining value or reassessed value does not exceed 15% of the maximum automobile purchase price specifically specified in this Decree. In case of necessity, the Chief of the Party Central Office after obtaining the unanimous opinion of the Standing Member of the Secretariat (for cases of delivering and moving automobiles of central Party agencies and units), the Prime Minister at the request of the Minister, the Head of the central agency, the Chairperson of the relevant Provincial-level People’s Committee (for the remaining cases) shall consider and decide on the delivery and transfer of used automobiles with the remaining value or reassessed value higher than 15% of the maximum automobile purchase price specifically specified in this Decree.

6. The number of payrolls as a basis for determining standards and norms for use of automobiles serving general affairs of agencies, organizations and units is the number of payrolls or the number of employees according to the position plans approved by the competent agencies and people and the number of employees of agencies, organizations, and units signing indefinite-term labor contracts (including affiliated agencies and units - if any) decided by the competent authority or person in accordance with the law at the time of determining standards and norms for use of automobiles; in case, under this Decree, the payrolls of affiliated units are separated to calculate norms, the payrolls of affiliated units cannot be included in the payrolls of agencies, organizations, or units.

The number of payrolls and other criteria at the time this Decree takes effect are the basis for determining standards and norms for use of automobiles serving general affairs of agencies, organizations and units. Standards and norms for using automobiles serving general affairs are stable every 5 years; after each stable cycle, the ministries, the central agencies, and the Provincial-level People’s Committees must re-determine and publicly announce the standards and norms for use of automobiles serving general affairs of agencies, organizations, units under their management according to the payroll numbers and other criteria at the time of redetermination.

The adjustment of standards and norms for use of automobiles serving general affairs in a stable cycle only applies in cases of changes in the organizational structure of units under the ministries and the central agencies, units under the general department, the departments, the sectors, the units and the equivalent provincial-level agencies and the district administrative units.

7. Standards and norms for use of automobiles serving general affairs of agencies and units of the Party at the Central Government and the affiliated agencies and units: the Office of the President, the Office of the Government, the Office of the National Assembly, the People's Court, the People's Procuracy, the State Audit, the Government Inspectorate, the civil judgment enforcement agency, the market management agency, the Vietnam News Agency, the Voice of Vietnam, and the Management Board of President Ho Chi Minh Mausoleum shall comply with this Decree; in case the number of automobiles serving general affairs specified in this Decree is lower than the number of automobiles serving general affairs plus pickup trucks and other specialized automobiles serving specific tasks promulgated by the competent agencies and persons in accordance with Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government stipulating standards and norms for use of automobiles (hereinafter referred to as Decree No. 04/2019/ND-CP), the number of automobiles serving general affairs is determined by the number of automobiles serving general affairs as prescribed in Decree No. 04/2019/ND-CP plus pickup trucks and other specialized automobiles serving specific tasks promulgated by the competent agencies and persons in accordance with Decree No. 04/2019/ND-CP. In case of changes in structure, organization, functions, tasks and other necessary cases, the Chief of the Party Central Committee's Office shall approve (after obtaining the unanimous opinion of the Standing Member of the Secretariat) the standards and norms for using automobiles serving general affairs of the Central-level Party's agencies and units; the Office of the President, the Government Office, the Office of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the State Audit, the Government Inspectorate, the Ministry of Justice, the Ministry of Industry and Trade, the Vietnam News Agency, the Voice of Vietnam, the Management Board of President Ho Chi Minh Mausoleum to report to the Prime Minister to approve the number of automobiles serving general affairs to meet the requirements of performing the assigned tasks.

8. Specialized automobiles specified in Articles 16 and 17 of this Decree must be used for the proper purposes specifically determined according to the assigned functions and tasks of agencies, organizations and units; in case the specialized automobiles can be used in combination to serve general tasks without affecting the main purpose of the specialized automobiles, the Minister, the Heads of central agencies, and Provincial-level People’s Committees shall decide to allow combined use, but must balance the number of automobiles serving general affairs to ensure savings and efficiency, and must be specifically regulated when promulgating standards and norms for use of specialized automobiles by agencies, organizations, and units under their management.

9. The quantity and purchase price of automobiles specified in this Decree are the maximum quantity and price. Based on the actual need to use automobiles to perform assigned tasks and sources of formation of property at agencies, organizations, units, state-owned enterprises, the source of funding for procurement (funded from the state budget, the state budget’s support, the public service development funds of public non-business units, and other funding sources permitted to be used in accordance with the law), the competent agencies and persons shall decide on delivery, transfer, procurement, review and decide on the appropriate quantity and purchase price of automobiles, ensuring savings and efficiency.

Chapter II

STANDARDS AND NORMS FOR USE OF AUTOMOBILES

Section 1

AUTOMOBILES SERVING BUSINESS AFFAIRS OF POSITION HOLDERS

Article 4. The titles that give its holder the entitlement to regularly use an automobile, even if he/she no longer holds such title without provisions on prices

1. The General Secretary.

2. The President;

3. The Prime Minister; the President of National Assembly.

Article 5. The titles that give its holder the entitlement to regularly use an automobile during holding such title without provisions on prices

1. The Standing member of the Secretariat; the member of the Political Bureau; the member of the Secretariat; the Chairperson of the Central Committee of the Vietnam Fatherland Front; the Chief Justice of the Supreme People's Court; the Director of the Supreme People's Procuracy; the Vice President; the Deputy Prime Minister; the Vice Chairperson of the National Assembly.

2. Mode of automobile purchase:

a) In case of purchasing new automobiles, the Prime Minister shall decide on the type and purchase price of automobiles for the positions specified in Clause 1 of this Article at the request of the Minister or the Head of the central agency, the relevant Provincial-level People’s Committee.

b) In case of purchasing automobiles in the form of delivery and transfer of automobiles, the agency or person competent to deliver and transfer automobiles in accordance with the law on management and use of public property shall decide on the delivery and transfer of automobiles for the positions specified in Clause 1 of this Article. The order and procedures for delivery and transfer of automobiles shall comply with the law on management and use of public property.

Article 6. The titles that give its holder the entitlement to regularly use an automobile during holding such title with provisions on prices

1. The titles that give its holder the entitlement to regularly use an automobile during holding such title with maximum purchase price of VND1,600 million/automobile, include: Official member of the Party Central Committee; the Heads of Party committees and agencies at the Central level; the Director of the Ho Chi Minh National Academy of Politics; the Editor-in-Chief of Nhan Dan Newspaper, the Editor-in-Chief of Communist Review; the Member of the National Assembly Standing Committee (the General Secretary, the Chairperson of the National Assembly Office; the Chairperson of the Ethnic Council, the Chairperson of National Assembly Committees; the Head of the Commission for Delegate Affairs, Head of the Commission for People's Aspiration under the National Assembly Standing Committee).

2. The titles that give its holder the entitlement to regularly use a automobile during holding such title with maximum purchase price of VND1,550 million/automobile, include: The Ministers and the Heads of ministerial-level agencies; Head of the Office of the President; the State Auditor General; the Heads of central socio-political organizations which have their operating expenses covered by the state budget; the Vice Chairperson - General Secretary of the Central Committee of the Vietnam Fatherland Front; the Secretary of the Provincial Party Committee, City Party Committee, Party Committee of the Centrally-affiliated Block; the Vice Secretary of the Hanoi Party Committee, the Vice Secretary of the Ho Chi Minh City Party Committee; the Chairperson of the People's Council, the Chairperson of the People's Committee of Hanoi City and Ho Chi Minh City; the Vice Chairperson of the Central Inspection Committee.

3. The titles that give its holder the entitlement to regularly use a automobile during holding such title with maximum purchase price of VND1,500 million/automobile, include: The President of the Vietnam Academy of Social Sciences; the President of the Vietnam Academy of Science and Technology; the Chairperson of the Commission for the Management of State Capital at enterprises; the General Director of the Vietnam News Agency, the General Director of the Voice of Vietnam, the General Director of the Vietnam Television.

Article 7. The titles that give its holders the entitlement to use an automobile to commute and make a business trip with provisions on prices

1. Titles that give its holders the entitlement to use automobiles include:

a) Titles that give its holders the entitlement to use automobiles with maximum purchase price of VND 1,400 million/automobile, include:

The Deputy head of the Party Committee, the Central Party Agency; the Deputy Director of the Ho Chi Minh National Academy of Politics; Vice Editor-in-Chief of Nhan Dan Newspaper; the Vice General; the Editor of Communist Review; the Vice Chairperson of the Central Committee of the Vietnam Fatherland Front; the Vice Chairperson of the Ethnic Council; the Vice Chairperson of the National Assembly Committees; the Deputy head of the Office of the National Assembly; the Vice Chief Justice of the Supreme People's Court, the Deputy Director of the Supreme People's Procuracy.

The Deputy Minister, the deputy Head of ministerial-level agencies; the Deputy head of the Office of the President; the Vice State Auditor General; the Deputy heads of central socio-political organizations which have their operating expenses covered by the state budget; Permanent Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union; Vice Secretary of the Provincial Party Committee, City Party Committee, and Party Committee of the Centrally-affiliated Block; the Chairpersons of the People's Council, the Chairpersons of the People's Committee of provinces and centrally-run cities (except Hanoi City and Ho Chi Minh City); the member of the Central Inspection Committee; the Director of the National Political Publishing House; the Chairpersons of mass associations with the tasks assigned by the Party and State at the Central level (for associations with Party groups); the Assistants to key leaders of the Party and State. The Permanent Assistant of the Secretariat.

The Director of the Institute of Legislative Studies under the National Assembly Standing Committee; the Director of the Vietnam National University, Hanoi, the Director of the Vietnam National University, Ho Chi Minh City; General Director of Vietnam Social Insurance; the Head of the Management Board of President Ho Chi Minh Mausoleum; the Chairperson of the National Financial Supervisory Commission; the Vice Chairperson of the Commission for the Management of State Capital at enterprises; the Judge of the Supreme People's Court, the Procurator of the Supreme People's Procuracy.

b) The titles that give its holder the entitlement to use automobiles with a maximum purchase price of VND 1,250 million/automobile, include:

The Director General, the Deputy head of the Commission for Delegate Affairs, the Deputy head of the Commission for People's Aspiration of the National Assembly Standing Committee; the Vice President of the Vietnam Academy of Social Sciences; the Vice President of the Vietnam Academy of Science and Technology; Deputy General Director of the Vietnam News Agency; Deputy General Director of the Voice of Vietnam; the Deputy General Director of the Vietnam Television; Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union; the Standing member of the Ethnic Council, the Standing member of the National Assembly Committees; the member of the Standing Committee of Hanoi Party Committee and Ho Chi Minh City Party Committee; the Standing member of the Party Central Committee's Internal Political Protection Subcommittee; the Head of the National Assembly delegation in charge of provinces and centrally-run cities; the Chairperson of the Members’ Council, the Chairperson of the Board of Directors, the General Director of corporations and groups established by the Prime Minister's decision (hereinafter referred to as the economic groups).

The Vice Chairperson of the People's Council, the Vice Chairperson of the People's Committees of Hanoi and Ho Chi Minh City; the Member of the Editorial Board of Nhan Dan Newspaper; the Member of the Editorial Board of the Communist Review; the Deputy head of the Specialized Committee or full-time member of the Central Steering Committees; the Deputy head of the Steering Committee or full-time member of the Steering Committee headed by the Prime Minister and Deputy Prime Minister; the Assistant to senior leaders of the Party and State.

The Editor-in-Chief of the Communist Party of Vietnam Online Newspaper; the Editor-in-Chief of the People's Deputy Newspaper; the Director of the National Assembly Television; the General Director of the Vietnam Government Portal; the Deputy Director of the Vietnam National University, Hanoi, the Deputy Director of the Vietnam National University, Ho Chi Minh City; the Deputy General Director of the Vietnam Social Insurance; the Vice Chief of Office of the Government Designated Representation, the Vice Chief of Office of the National Assembly Designated Representation; the Vice Secretary in charge of Party affairs at Party Committees: The Central Committee Office, the Government Office, the National Assembly Office, the Ministry of Foreign Affairs, the Ho Chi Minh National Academy of Politics.

2. In case the titles specified in Clause 1 of this Article voluntarily receive the provision of fixed funding for use of automobiles, the Minister, the Heads of central agencies, the Provincial-level People’s Committees, the Members’ Council, the Board of Directors of economic groups, based on the actual situation of agencies, organizations, units, economic groups, plan of provision of fixed funding and the number of titles receiving provision of fixed funding, shall consider and decide on the fixed payment and the number of automobiles, in order to ensure the effectiveness and cost saving between the arrangement of automobiles for work and the provision of fixed funding for use of automobiles. The provision of fixed funding for use of automobiles is carried out under Article 21 of this Decree.

In case all of the titles specified in Clause 1 of this Article of each ministry, central agency, general department, province, centrally-run city and economic groups apply the provision of fixed funding for use of automobiles for the entire stage, automobiles serving position holders shall not be provided.

Section 2
AUTOMOBILES SERVING GENERAL AFFAIRS

Article 8. Scope, objects of use and authority to decide on the number of automobiles serving general affairs

1. Automobiles serving general affairs are 2-wheel drive or 4-wheel drive automobiles, with seats from 4 to 16 seats (including pickup trucks) to serve the general affairs of the agencies, organizations, units (including the affiliated units of agencies, organizations, units), the state-owned enterprises, not on the list of specialized automobiles specified in Article 16 of this Decree.

2. The following subjects are allowed to use automobiles serving general affairs to carry out responsibilities and tasks assigned by agencies, organizations, units, and state-owned enterprises (not for use for commute):

a) The Deputy General Director and equivalent title.

b) The Director of Department and equivalent title; the Deputy Director of Department and equivalent title.

c) The Vice Chairperson of the People's Council, the Vice Chairpersons of the People's Committees of provinces and centrally-run cities (except Hanoi and Ho Chi Minh City).

d) The Director, the Deputy Director of the department and equivalent title at the provincial level.

dd) The Secretary of District Party Committee, City Party Committee, and Town Party Committee; the Chairperson of the District-level People’s Council, the Chairperson of the District-level People’s Committee.

e) The Member of the Standing Committee of the District Party Committee, City Party Committee, and Town Party Committee; the Chairperson of the district-level Vietnam Fatherland Front Committee; the Vice Chairperson of the District-level People’s Council, the Vice Chairperson of the District-level People’s Committee.

g) The Member of the Members’ Council, the Board of Directors, the Deputy General Director of economic groups; the Company President, the Director, the Deputy Director and the equivalent entitles at the state-owned enterprises.

h) The officials, civil servants, public employees, and workers assigned to perform specific tasks of agencies, organizations, and units; the list of specific tasks is specified in the Regulations on management and use of public property of agencies, organizations and units.

3. In case of necessity due to work requirements, the heads of agencies, organizations, units, and state-owned enterprises shall decide to appoint officials, civil servants, public employees, and workers other than those specified in Clause 2 of this Article to use automobiles serving general affairs to go on business trips.

4. The subjects specified in Clause 2 and Clause 3 of this Article are allowed to receive the automobiles serving general affairs or provision of fixed funding for use or hire of automobiles when going on business trips. The provision of fixed funding for use or hire of automobiles shall comply with Article 21 and Article 22 of this Decree.

5. In addition to the number of automobiles determined according to Articles 9, 10, 11, and 12 of this Decree, the ministries, the central agencies, and the Provincial-level People’s Committees (after obtaining the consensus of the Provincial-level People’s Council) shall consider and decide on the number of pickup trucks and 12 - 16 seat automobiles serving general affairs for agencies and units assigned to perform the tasks of forest rangers, forest fire prevention, disease prevention in agriculture, border patrol, serving people with meritorious services, social protection, demarcation, basic geological and mineral surveys, monitoring and analysis of environmental samples under the management of the ministries, the central agencies and the localities to ensure savings and efficiency.

6. Based on the total number of automobiles serving general affairs determined according to Article 9, Clause 1, Article 10, Article 11, Article 12, Point a, Clause 1, Article 14 and Clause 7, Article 3 of this Decree:

a) The Ministers and the Heads of central agencies shall decide on the quantity and type of automobiles of each agency, organization, unit under the ministry or the central agency (except for the vertical units under the general department located in provinces and public non-business units under the general department).

b) The Provincial-level People’s Committee (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee) shall decide on the number and types of automobiles according to the standards and norms of each Provincial Office (the Office of the Provincial Party Committee, Centrally-run City Party Committee, the Office of the National Assembly Delegation and the Provincial-level People’s Council, the Office of the Provincial-level People’s Committee); departments, sectors and equivalents at the provincial level, the Vietnam Fatherland Front at the provincial level, and the socio-political organizations at the provincial level; the public non-business units under the Provincial-level People’s Committee; the districts, the towns, the cities of provinces and centrally-run cities.

c) The Standing Committee of the Provincial Party Committee and City Party Committee decides on the number and types of automobiles according to the standards and norms of each agency and unit under the Provincial Party Committee and Centrally-run city Party Committee (except for the Offices of Provincial Party Committee, City Party Committee) and public non-business units under the Provincial Party Committee and City Party Committee.

d) The decision on the number of automobiles specified at Points a, b and c of this Clause does not apply to agencies, organizations and units equipped with automobiles as prescribed in Clause 5 of this Article.

Article 9. Automobiles serving general affairs of departments, agencies and equivalent organizations under the ministries and central agencies

1. The norms for using automobiles serving general affairs of departments, agencies and equivalent organizations (excluding public non-business units) under the ministries and the central agencies are determined as follows:

a) Units with the payroll of 20 employees or less: Maximum 01 automobile/02 units. Particularly for units with the payroll of less than 10 employees, combine such payroll number with the payroll of the Office of ministry and central agency to determine the norm of automobiles serving general affairs of the Office of ministry and central agency.

b) Units with the payroll of over 20 to 50 employees: Maximum 01 automobile/01 unit.

c) Units with the payroll of over 50 to 100 employees: Maximum 02 automobiles/01 unit.

d) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

dd) Units with the payroll of over 200 to 500 employees: Maximum 04 automobiles/01 unit.

e) Units with the payroll of over 500 employees or more: Maximum 05 automobiles/01 unit.

g) For the units (sub-departments, port authorities, centers,...) directly under the department level and equivalent organizations under ministries and central agencies with the payroll of 20 employees or more the payroll of these units will not be added to the payroll of department and equivalent to determine the norms for use of automobiles serving general affairs according to the provisions of Points a, b, c, d, dd and e of this Clause; the norms for use of automobiles serving general affairs of affiliated units are determined as follows:

Units with the payroll of 20 to 50 employees: Maximum 01 automobile/01 unit.

Units with the payroll of over 50 employees or more: Maximum 02 automobile/01 unit.

2. For the ministries and central agencies organized vertically, the norms for use of automobiles serving general affairs of units under ministries and central agencies located in the province are determined as follows:

a) Units with the payroll of 40 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 40 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 300 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 300 to 400 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 400 to 500 employees: Maximum 06 automobiles/01 unit.

g) For units with the payroll of over 500 employees or more, for every additional 300 employees, 01 automobile will be added.

h) In case the unit is headquartered in a province or centrally-run city with more than 50% of district-level administrative units in the list of mountainous areas, islands, and areas with extremely difficult socio-economic conditions according to regulations of the Government or the Prime Minister or located in 02 or more centrally-affiliated provinces and cities or located in provinces and cities with a natural area of 5,000 km² or more or located in a province or centrally-run city that can balance its own state budget, in addition to the number of automobiles determined at Points a, b, c, d, dd, e and g of this Clause, 01 automobile is added if it satisfies 01 criteria, 02 automobiles is added if it satisfies 02 or more criteria.

i) For the units with affiliated units located in 02 or more districts or located in 01 district with a natural area of ​​450 km² or more, the norm is determined as follows:

The payroll of affiliated units located in 02 or more districts and payrolls of affiliated units located in a district with a natural area of ​​450 km² or more are not included in the payroll of units under ministries and central agencies located in the province to determine automobile usage norms as prescribed at Points a, b, c, d, dd, e, g and h this Clause.

For each affiliated unit located in 02 or more districts or located in 01 district with a natural area of ​​450 km² or more, 01 vehicle can be added to the norm of units under the ministries or central agencies in the province.

3. Standards and norms for use of automobiles serving general affairs of the public non-business units under the ministries and the central agencies (except non-business units in public sector in the fields of health, education and training, vocational training) are determined as follows:

a) Units with the payroll of 50 employees or less: Maximum 01 automobile/01 unit

b) Units with the payroll of over 50 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 500 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 500 to 1,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 1,000 employees or more: Maximum 06 automobiles/01 unit.

4. Standards and norms for use of automobiles serving general affairs of public non-business units under the ministries and the central agencies in the fields of health, education, training and vocational training are determined as follows:

a) Units with the payroll of 100 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 100 to 300 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 300 to 500 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 500 to 1,000 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 1,000 to 2,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 2,000 employees or more: Maximum 06 automobiles/01 unit.

5. Methods of managing automobiles serving general affairs:

a) For the departments, the agencies and the equivalent organizations specified in Clause 1 of this Article, the ministry or central agency shall decide to assign a state agency or public non-business unit or public-utility enterprise to manage automobiles in a centralized way for subjects to use automobiles serving general affairs on the principle of no new establishment or increase in payroll of ministries or central agencies (hereinafter referred to as the centralized management method); for units with separate estimates, each unit can be assigned to directly manage and use automobiles to serve the unit's general affairs (hereinafter referred to as the direct management method); the number of automobiles assigned to each unit for direct management and use shall be decided by the Minister and the Head of the central agency according to the provisions of Clause 6, Article 8 of this Decree.

b) For units located in the province specified in Clause 2 of this Article, the management of automobiles serving general affairs is carried out by the direct management method; the number of automobiles assigned to each unit for direct management and use shall be decided by the Minister and the Head of the central agency according to the provisions of Clause 6, Article 8 of this Decree.

c) For the public non-business units under the ministries and central agencies specified in Clauses 3 and 4 of this Article, the management of automobiles serving general affairs shall comply with Point a of this Clause.

In case the ministries or central agencies decide to manage automobiles of the units specified in Clauses 3 and 4 of this Article under the centralized management method, the public non-business units which have their whole operating expenses covered by the state and the public non-business units that cover part of their regular expenses and have a payroll of less than 20 employees shall not determine separate norms but combine the payrolls of these units with the payrolls of the Office of the Ministry, the central agency to determine the norms of automobiles serving general affairs of the Office of the Ministry and central agency.

In case the ministry or central agency decides to manage automobiles of the units specified in Clauses 3 and 4 of this Article according to the direct management method; the number of automobiles assigned to each unit for direct management and use shall be decided by the Minister and the Head of the central agency according to the provisions of Clause 6, Article 8 of this Decree. For the public non-business units which have their whole operating expenses covered by the state and the public non-business units that cover part of their regular expenses and have a payroll of less than 20 employees without using automobiles serving general affairs; in case these units have subjects with entitlement to use automobiles serving general affairs as prescribed in Clauses 2 and 3, Article 8 of this Decree, the provision of fixed funding for use or hire of automobiles when going on business trips shall be applied.

d) For the units assigned to directly manage automobiles specified at Points a, b and c of this Clause have affiliated units, the Heads of the units specified at Points a, b and c of this Clause shall decide on the centralized management method or the direct management method or a combination of both methods as appropriate.

dd) In case of applying the centralized management method, the units using the automobiles shall pay the unit assigned to manage the centralized automobiles for the costs of managing and operating automobiles similar to the case of shared use of public property specified in Article 10 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Property (hereinafter referred to as Decree No. 151/2017/ND-CP) and amendments and supplements (if any).

Article 10. Automobiles serving general affairs of the general department and the equivalent organizations (hereinafter referred to as the general department)

1. The norms for using automobiles serving general affairs of departments, agencies, committees and equivalent organizations (excluding public non-business units) under the general department are determined as follows:

a) Units with the payroll of 20 employees or less: Maximum 01 automobile/02 units. Particularly for the unit with the payroll of less than 10 employees, the payroll of this unit will be combined with the payroll of the Office of the general department to determine the number of automobiles serving general affairs of the Office of the general department.

b) Units with the payroll of over 20 to 50 employees: Maximum 01 automobile/01 unit

c) Units with the payroll of over 50 employees or more: Maximum 02 automobiles/01 unit.

2. For the general departments organized vertically, the norms for use of automobiles serving general affairs of units under the general department located in the province are determined as follows:

a) Units with the payroll of 40 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 40 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 300 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 300 to 400 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 400 to 500 employees: Maximum 06 automobiles/01 unit.

g) For units with the payroll of over 500 employees or more, for every additional 300 employees, 01 automobile will be added.

h) In case the unit is headquartered in a province or centrally-run city with more than 50% of district-level administrative units in the list of mountainous areas, islands, and areas with extremely difficult socio-economic conditions according to regulations of the Government or the Prime Minister or located in 02 or more centrally-affiliated provinces and cities or located in provinces and cities with a natural area of 5,000 km² or more or located in a province or city that can balance its own state budget, in addition to the number of automobiles determined at Points a, b, c, d, dd, e and g of this Clause, 01 automobile is added if it satisfies 01 criteria, 02 automobiles is added if it satisfies 02 or more criteria.

i) For the units with affiliated units located in 02 or more districts or located in 01 district with a natural area of ​​450 km² or more, the norm is determined as follows:

The payroll of affiliated units located in 02 or more districts and affiliated units located in a district with a natural area of ​​450 km² or more are not included in the payroll of units under the general department located in the province to determine automobile usage norms as prescribed at points a, b, c, d, dd, e, g and h this clause.

For each affiliated unit located in 02 or more districts or located in 01 district with a natural area of ​​450 km² or more, 01 vehicle can be added to the norm of units under the general department in the province.

3. Standards and norms for use of automobiles serving general affairs of public non-business units (except public non-business units in the fields of health, education and training, vocational training) under the general department are determined as follows:

a) Units with the payroll of 50 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 50 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 500 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 500 to 1,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 1,000 employees or more: Maximum 06 automobile/01 unit.

4. The norms for use of automobiles serving general affairs of public non-business units in the fields of health, education and training, and vocational training under the general department are determined as follows:

a) Units with the payroll of 100 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 100 to 300 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 300 to 500 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 500 to 1,000 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 1,000 to 2,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 2,000 employees or more: Maximum 06 automobiles/01 unit.

5. Methods of managing automobiles serving general affairs:

a) For departments, divisions, committees and equivalent organizations under the general department specified in Clause 1 of this Article, in case the ministry or central agency decides on the centralized management method at the ministry or central agency, it shall comply with the provisions at Point a, Clause 5, Article 9 of this Decree.

In the remaining cases, the general department decides to assign a state agency or public non-business unit or public-utility enterprise to manage automobiles in a centralized way for subjects to use automobiles serving general affairs on the principle of no new establishment or increase in payroll of the general department (hereinafter referred to as the centralized management method); for units with separate estimates, each unit can be assigned to directly manage and use automobiles to serve the unit's general affairs (hereinafter referred to as the direct management method); the number of automobiles assigned to each unit shall be decided by the General Director.

b) For units located in province specified in Clause 2 of this Article, the management of automobiles serving general affairs is carried out according to Point b, Clause 5, Article 9 of this Decree; the number of automobiles assigned to each unit for direct management and use is decided by the General Director, but the total number of automobiles serving general affairs of units located in the province must not exceed the number of automobiles determined according to the provisions of Clause 2 of this Article.

c) For public non-business units under the general department specified in Clauses 3 and 4 of this Article, the management of automobiles serving general affairs is carried out by direct management method; the number of automobiles assigned to each unit for direct management and use is decided by the General Director, but the total number of automobiles serving general affairs of public non-business units under the general department must not exceed the number of automobiles determined according to the provisions of Clauses 3 and 4 of this Article. Particularly for the public non-business units which have their whole operating expenses covered by the state and the public non-business units that cover part of their regular expenses and have a payroll of less than 20 employees without using automobiles serving general affairs; in case there are subjects with entitlement to use automobiles serving general affairs as prescribed in Clauses 2 and 3, Article 8 of this Decree, the provision of fixed funding for use or hire of automobiles when going on business trips shall be applied.

d) For the units assigned to directly manage automobiles specified at Points a, b and c of this Clause have affiliated units, the Heads of the units specified at Points a, b and c of this Clause shall decide on the centralized management method or the direct management method or a combination of both methods as appropriate.

dd) In case of applying the centralized management method, the units using the automobiles shall pay the unit assigned to manage the centralized automobiles for the costs of managing and operating automobiles similar to the case of shared use of public property specified in Article 10 of Decree No. 151/2017/ND-CP and amendments and supplements (if any).

Article 11. Automobiles serving general affairs of provincial-level agencies, organizations and units

1. Automobiles serving general affairs of the Provincial Offices (including: Office of the Provincial Party Committee and Centrally-run City Party Committee; Office of the National Assembly Delegation and Provincial-level People’s Council; Office of Provincial-level People’s Committee): Total maximum number of 15 automobiles; Particularly for Hanoi and Ho Chi Minh City: Total maximum number of 20 automobiles.

In case a province or centrally-run city has more than 50% of its district-level administrative units in the list of mountainous areas, islands, areas with extremely difficult socio-economic conditions, or the province or centrally-run city has a natural area of ​​5,000 km² or higher, or the province or centrally-run city can balance their own state budget, it will be supplemented with the norm of 01 automobile/01 unit.

The specific norms of each Office specified in this Clause are decided by the Provincial-level People’s Committee (after receiving opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee). The departments under the Provincial-level People’s Council use automobiles within the norms of the automobiles for general affairs of the Office of the National Assembly Delegation and the Provincial-level People’s Council specified in this Clause to serve their affairs. In case the Office of the Provincial Party Committee or the City Party Committee directly under the Central Government serves the advisory and assisting agencies of the Provincial Party Committee or the City Party Committee, the norms for use of automobiles serving the general affairs of the Office of Provincial Party Committee and the City Party Committee shall include the number of automobiles as prescribed in this Clause and Clause 2 of this Article.

2. The agencies and units under the Provincial Party Committee and City Party Committee (except for the Office of the Provincial Party Committee, City Party Committee, and public non-business units under the Provincial Party Committee and City Party Committee):

a) Maximum 01 automobile/01 unit; In case a province or centrally-run city has more than 50% of its district-level administrative units in the list of mountainous areas, islands, areas with extremely difficult socio-economic conditions, or the province or centrally-run city has a natural area of ​​5,000 km² or higher, or the province or centrally-run city can balance their own state budget, it will be supplemented with the norm of 01 automobile/01 unit.

b) In case an agency or unit has the payroll of over 20 to 50 employees: Maximum 02 automobiles/01 unit.

c) In case an agency or unit has the payroll of over 50 employees or more: Maximum 03 automobiles/01 unit.

3. The norms of use of automobiles of the departments, the sectors, the units and the equivalent provincial-level agencies, the provincial-level Vietnam Fatherland Front, and the provincial-level socio-political organizations (excluding agencies, organizations, or units specified in Clauses 1, 2, 4 and 5 of this Article) are determined as follows:

a) Units with the payroll of 40 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 40 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 300 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 300 to 400 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 400 to 500 employees: Maximum 06 automobiles/01 unit.

g) For units with the payroll of over 500 employees or more, for every additional 300 employees, 01 automobile will be added.

h) In case a province or centrally-run city has more than 50% of its district-level administrative units in mountainous areas, islands, or areas with extremely difficult socio-economic conditions according to the regulations of the Government, the Prime Minister or/and centrally-run provinces and cities with natural area of ​​over 5,000 km² or a province or centrally-run city that can balance its own state budget, in addition to the number of vehicles determined according to the provisions of Points a, b, c, d, dd, e and g of this Clause, it will be supplemented with the norm of 01 automobile/01 unit.

4. Standards and norms for use of automobiles serving general affairs of public non-business units under the Provincial Party Committee, City Party Committee, and Provincial-level People’s Committee (except public non-business units in the fields of health, education and training, vocational training) are determined as follows:

a) Units with the payroll of 50 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 50 to 100 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 100 to 200 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 200 to 500 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 500 to 1,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 1,000 employees or more: Maximum 06 automobile/01 unit.

5. Standards and norms for use of automobiles serving general affairs of public non-business units under the Provincial Party Committee, City Party Committee, and Provincial-level People’s Committee in the fields of health, education, training, and vocational training are determined as follows:

a) Units with the payroll of 100 employees or less: Maximum 01 automobile/01 unit.

b) Units with the payroll of over 100 to 300 employees: Maximum 02 automobiles/01 unit.

c) Units with the payroll of over 300 to 500 employees: Maximum 03 automobiles/01 unit.

d) Units with the payroll of over 500 to 1,000 employees: Maximum 04 automobiles/01 unit.

dd) Units with the payroll of over 1,000 to 2,000 employees: Maximum 05 automobiles/01 unit.

e) Units with the payroll of over 2,000 employees or more: Maximum 06 automobiles/01 unit.

6. Methods of managing automobiles serving general affairs:

a) For agencies, organizations and units specified in Clauses 1, 2 and 3 of this Article, the Provincial-level People’s Committee (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee, City Party Committee), the management of automobiles serving general affairs is decided in one of the following methods:

Assign a state agency or public non-business unit or public-utility enterprise to manage automobiles in the centralized way for subjects to use automobiles serving general affairs on the principle of no new establishment or increase in payroll of the local agency (hereinafter referred to as the centralized management method).

Assign the Office of Provincial Party Committee, the Office of the National Assembly Delegation and the Provincial-level People’s Council, and the Office of Provincial-level People’s Committee to centrally manage automobiles of each system to arrange automobiles for positions enable its holders to use automobiles when going on business trips (hereinafter referred to as the system - based centralized management method).

Assign each unit meeting standards and norms for use of automobiles to directly manage and use automobiles serving the unit's general affairs (hereinafter referred to as direct management method).

Combine the centralized management methods with the direct management methods.

b) For the public non-business units specified in Clauses 4 and 5 of this Article, the management of automobiles serving general affairs is carried out by direct management method. Particularly for the public non-business units which have their whole operating expenses covered by the state and the public non-business units that cover part of their regular expenses and have a payroll of less than 20 employees without using automobiles serving general affairs; in case there are subjects with entitlement to use automobiles serving general affairs as prescribed in Clauses 2 and 3, Article 8 of this Decree, the provision of fixed funding for use or hire of automobiles when going on business trips shall be applied.

c) For the units assigned to directly manage automobiles specified at Points a and b of this Clause have affiliated units, the Heads of the units specified at Points a and b of this Clause shall decide on the centralized management method or the direct management method or a combination of both methods as appropriate.

d) In case of applying the centralized management method, the units using the automobiles shall pay the unit assigned to manage the centralized automobiles for the costs of managing and operating automobiles similar to the case of shared use of public property specified in Article 10 of Decree No. 151/2017/ND-CP and amendments and supplements (if any).

Article 12. Automobiles serving general affairs of district-level agencies, organizations and units

1. The norms for using automobiles serving general affairs of each district, town, provincially run city, and centrally-run city (hereinafter referred to as the district); Maximum 06 automobiles/01 district. Particularly for provinces and centrally-run cities where the District Party Committee, the Town Party Committee, and the City Party Committee are the estimating units under the Office of the Provincial Party Committee and City Party Committee with the determined norms for use of automobiles for general affairs according to Clause 2, Article 11 of this Decree, the maximum norm is 04 automobiles/01 district.

At the district level, if meeting one of the following criteria, the norm shall be supplemented by 01 automobile/01 district; if meeting 02 or more of the following criteria, the norm shall be supplemented by 02 automobiles/01 district:

a) The district has at least 15 administrative units of communes, towns or more.

b) The district has a natural area of ​​450 km² or more.

c) The districts in mountainous areas, islands, and areas with extremely difficult socio-economic conditions according to regulations of the Government and the Prime Minister.

d) Cities under the centrally-run cities.

For special urban areas, in case it is necessary to equip additional automobiles serving general affairs for district-level units, the Provincial-level People’s Council shall consider and decide on the norm of automobile serving general affairs of the district-level agencies, organizations and units under the principles of savings and efficiency.

2. Based on the actual situation of the locality, the District-level People’s Committee (after asking for opinions from relevant agencies according to the Working Regulations of the District Party Committee) shall decide on specific norms for each district-level agency and organization, unit; decide on the management of automobiles serving general affairs by one of the following methods:

a) Assign the Office of the District-level People’s Committee to centrally manage automobiles serving general affairs for subjects of the district to use automobiles when going on business trips.

b) Assign the Office of the District Party Committee, the Office of the District-level People’s Council, the Office of the District-level People’s Committee or other district-level agencies, organizations and units to directly manage and use the automobiles serving general affairs for subjects under their management of each office, agency, organization and unit.

c) In case of applying the centralized management method, the units using the automobiles shall pay the unit assigned to manage the centralized automobiles for the costs of managing and operating automobiles similar to the case of shared use of public property specified in Article 10 of Decree No. 151/2017/ND-CP and amendments and supplements (if any).

Article 13. Automobiles serving general affairs of state-owned enterprises

1. The norms for use of automobiles serving general affairs of state-owned enterprises are determined as follows:

a) For economic groups: Maximum 02 automobiles/01 group.

b) State-owned enterprises that do not fall under the provisions of Point a of this Clause; Maximum 01 automobile/01 unit.

2. State-owned enterprises shall manage automobiles to arrange for subjects specified at Point g, Clause 2, Article 8 of this Decree when going on business trips.

Article 14. Automobiles serving the general affairs of the project management board and project operation

1. The norms for use of automobiles serving general affairs of the management board of state budget funded projects:

a) In case the titles that enable its holders to use automobiles serving general affairs working at the management board of state budget funded projects, norms corresponding to the operating models (regulatory authorities, public non-business units or state-owned enterprises) specified in this Decree shall be applied; the operating model of the management board of state budget funded projects shall follow establishment decision of the competent authorities;

b) In case the project management board does not fall into the case specified at Point a of this Clause or falls into the case specified at Point a of this Clause; however, all titles that enable its holders to use automobiles to participate in the project management board in the part-time form, the automobiles serving the general affairs shall not apply.

2. For automobiles serving project operation:

a) The automobiles serving project operation (including the projects using state capital, the projects using official development assistance (ODA), preferential loans, commercial loans, non-refundable aid) are used to serve the activities of each specific project during the project implementation period, not included in the norms for use of automobiles serving general affairs prescribed in Clause 1 of this Article.

b) Based on the scale, area of ​​operation, characteristics and needs of each project, the Ministers and the Heads of central agencies shall decide on purchase of automobiles to serve the activities of each project under the management of the ministries and the central agencies; the Provincial-level People’s Committee shall decide on purchase of automobiles to serve the activities of each project under the local management.

c) The purchase of automobiles for each project must ensure the principles of economy and efficiency and be carried out in the form of delivery, transfer, hire or procurement according to the following regulations:

The purchase of automobiles to serve project activities is carried out when the investment policy has been decided by a competent agency or person in accordance with the law on investment, but the automobiles have not yet been purchased for serving operations of project. Agencies, organizations and units assigned to perform the investment preparation shall arrange automobiles among the existing automobiles to serve investment preparation activities. In case of not arranging automobiles among the total existing automobiles to serve investment preparation activities, the provision of fixed funding for use of automobiles as prescribed in Articles 21 and 22 of this Decree shall apply.

The automobiles shall not be purchased to serve project activities in the form of public-private partnership (PPP), except in case of large projects for which a competent state agency has established a PPP Project Management Board according to legal regulations on investment in the public-private partnership mode.

ODA loans, concessional loans, or commercial loans shall not be used to purchase automobiles, unless the automobile purchase is specifically stipulated in a signed agreement or project documents approved by the competent authority before January 1, 2018.

For foreign non-refundable aid projects for which agreements or project documents were signed before the effective date of this Decree regulating the procurement of automobiles to serve the activities of each project, the purchase of automobiles shall comply with the provisions of a signed agreement or project documents approved by the competent authority. When negotiating to sign non-refundable aid project documents from the effective date of this Decree, if the sponsor requires the purchase of automobiles to serve project operation, in addition to complying with regulations on the order and procedures for signing, joining and implementing international treaties, the agency and unit is assigned to assume the prime responsibility for collecting opinions from the state financial agency at the same level before submitting to the competent authority for approving the project acceptance policy.

The purchase price of automobiles serving project operation is applied according to the purchase price of automobiles serving general affairs specified in Clause 1, Article 15 of this Decree, unless the signed non-refundable aid agreement or project document provides otherwise. The price of an automobile as a basis for delivery or transfer shall comply with the provisions in Point b, Clause 5, Article 3 of this Decree.

Article 15. Purchase price of automobile serving general affairs

1. The maximum purchase price of automobile serving general affairs is VND 950 million/automobile. In case it is necessary to buy a 12 - 16-seat automobile, the maximum price is VND 1,300 million/automobile; for purchase of a 7 or 8-seat 4-wheel drive automobile, the maximum price is VND 1,600 million/automobile. The ministries, central agencies, and provincial-level People's Committees shall base on the scope of operation, the nature of work, and the actual use needs of agencies, organizations, and units to decide on purchase of 12 - 16-seat automobiles and 7 or 8-seat 4-wheel drive automobiles for agencies, organizations and units under their management to ensure a reasonable, economical and effective structure.

2. In case it is necessary to purchase a number of 4-wheel drive automobiles with high capacity among the automobiles serving general affairs of the ministries, the central agencies, the provinces and centrally-run cities among the automobiles serving general affairs specified in Clause 1, Article 9, and Clause 1, Article 11 of this Decree to carry out specific tasks of the ministries, the central agencies, the provinces and centrally-run cities (including: serving storm and flood prevention, natural disasters, search and rescue, and disease control; prevention of smuggling and trade fraud; serving the inspection and supervision of implementation in the economic - cultural - social fields; serving surveillance and voter contact delegations; serving foreign affairs, receiving international guests, transporting and accompanying domestic and foreign delegations; directing management activities, border demarcation and other specific tasks), the automobile purchase price is prescribed as follows:

a) Each ministry, central agency, province and centrally-run city is provided with 01 automobile with a maximum price of VND 4,500 million/automobile and 01 automobile with a maximum price of VND 2,800 million/automobile.

b) For the ministries, the central agencies, the provinces and the centrally-run cities with titles specified in Articles 4 and 5 of this Decree, in addition to the number of automobiles provided as prescribed in Point a of this Clause, the ministries, the central agencies, the provinces and centrally-run cities are provided with automobiles to serve the performance of specific tasks of the titles specified in Article 4 and Article 5 of this Decree at a maximum price of VND 5,000 million/automobile. The specific number of automobiles with this applied price shall be decided by the Chief of the Party Central Office after obtaining the consensus of the Standing Member of the Secretariat (for titles under the agencies and units of the Party at the Central level), the Prime Minister shall make decision at the request of the Minister, the Head of the central agency, and the relevant Provincial-level People’s Committee (for the remaining cases).

In case the number of automobiles serving specific tasks specified at this point has been approved by the Prime Minister according to Decree No. 04/2019/ND-CP, the content approved by the Prime Minister shall be implemented and it must not report to the competent authority or person according to the provisions of this point; except when it is necessary to adjust the approved number of automobiles.

Section 3
SPECIALIZED AUTOMOBILES

Article 16. List of specialized automobiles

1. Specialized automobiles used in the health sector, include:

a) Ambulances:

Ambulances meet standards prescribed by the Ministry of Health.

Ambulances have a special structure (the automobile has a spacious structure and is equipped with medical equipment and machinery to serve emergency and intensive care on the automobile).

b) Specialized automobiles with special structures used in the health sector include:

Mobile X-ray automobile.

Mobile eye examination and treatment automobile.

Mobile testing automobile.

Mobile surgical automobile.

Blood collection automobile.

Automobiles transporting vaccines and biological products.

Other automobiles designed specifically for medical examination, treatment, epidemic prevention and control, and testing activities.

c) Specialized automobiles equipped with or using specialized equipment for medical activities, including:

Specialized automobiles serving the health care and the health protection of intermediate and senior officials.

Automobiles transporting blood and specimens in the health sector, including: Pathology specimens, infectious disease specimens, food specimens, drug specimens (including vaccines and biological products), specimens in the field of medical environment.

Automobile for transporting sick people.

Forensic examination automobiles, corpse transport automobiles.

Automobiles carrying mobile sprayers and chemicals.

Automobiles serving the collection and transportation of tissues and organs for human tissue and organ transplantation.

Automobiles for transporting meals to mentally-ill patients.

Automobiles for transporting tools, supplies, and specialized medical equipment used in the field of infectious diseases.

Automobiles equipped with teaching models, simulation models, teaching equipment and facilities, and visual teaching aids.

Other automobiles equipped with specialized equipment for medical examination, treatment, epidemic prevention and control, and testing activities.

Route direction automobile equipped with specialized equipment.

Technical transfer automobile equipped with specialized equipment.

Automobiles equipped with specialized equipment for research, evaluation of clinical testing results (monitoring post-injection reactions) and troubleshooting at injection sites.

d) Based on the list of specialized automobiles specified at Points a, b and c of this Clause, the Ministry of Health shall promulgate detailed regulations guiding the determination of standards and norms for using specialized automobiles in the health sector.

2. Automobiles with special structures (automobiles carrying money, gold, silver, gems; laboratory equipment automobiles, crane trucks, garbage collection and compaction automobiles, garbage and waste trucks, etc.)

3. Automobiles equipped with specialized equipment (special-purpose equipment fixed to the automobile) or automobiles fitted with identification signs as prescribed by law (automobiles fitted with satellite receiver and transmitter; mobile radio and television; traffic inspection automobile; funeral service automobile; customs surveillance automobile; training automobile, driving practice automobile, testing automobile; escort automobile, etc.).

4. Truck.

5. Automobiles with over 16 seats.

Article 17. Authority to promulgate standards and norms for use of specialized automobiles

1. For the specialized automobiles used in the health sector specified in Clause 1, Article 16 of this Decree, based on detailed regulations and guidance of the Ministry of Health;

a) The ministries and central agencies promulgate standards and norms for specialized automobiles of agencies, organizations and units under their management, except for the units specified at Point c of this Clause.

b) The Provincial-level People’s Committee (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee) shall promulgate the standards and norms of specialized automobiles equipped for agencies, organizations and units under their management, except for the units specified at Point c of this Clause.

c) The Management Council and the head of public non-business unit that ensure their own regular and investment expenditures (in case the public non-business unit does not have a Management Council) shall promulgate standards and norms for use of the specialized automobiles at the unit.

d) For units not operating in the health sector but requiring the use of ambulances, the authority to promulgate standards and norms for using ambulances is implemented in accordance with Points a, b and c of this Clause.

2. For specialized automobiles specified in Clauses 2, 3, 4 and 5, Article 16 of this Decree:

a) The ministries and central agencies promulgate standards and norms for specialized automobiles of agencies, organizations and units under their management, except for the units specified at Point c of this Clause.

b) The Provincial-level People’s Committee (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee) shall promulgate the standards and norms for specialized automobiles equipped for agencies, organizations and units under their management, except for the units specified at Point c of this Clause.

c) The Management Council and the head of public non-business unit that ensure their own regular and investment expenditures (in case the public non-business unit does not have a Management Council) shall promulgate standards and norms for use of the specialized automobiles at the unit.

3. The purchase price of specialized automobiles in the standards and norms for use of specialized automobiles specified by competent agencies and persons in Clauses 1 and 2 of this Article is determined in accordance with the market purchase price of the corresponding automobile type.

4. The decision on promulgating the standards and norms for use of specialized automobiles specified in Clauses 1 and 2 of this Article shall be published on the electronic information portals of the ministries, central agencies, provinces and centrally-run cities and sent to the State Treasury agency for expenditure control in accordance with the law.

Section 4

AUTOMOBILES SERVING STATE RECEPTION

Article 18. Standards and norms for use of automobiles serving state reception

1. Standards and norms for use of automobiles serving foreign affairs of the Party and State (hereinafter referred to as the automobiles serving state reception):

a) Automobiles serving the Heads of State, the Deputy heads of State, the Chairperson of the National Assembly, the Prime Minister, the Secretary General of the United Nations, Foreign Ambassadors presenting credentials (hereinafter referred to as Group 1): Maximum 04 automobiles.

b) Automobiles serving the Vice Chairperson of the National Assembly, the Deputy Prime Minister, the Minister of Foreign Affairs or equivalent title, the spouse of the Head of State, the Deputy head of State, the Chairperson of the National Assembly, the Prime Minister (hereinafter referred to as Group 2): Maximum 18 automobiles.

c) Automobiles serving other Ministers, the members of high-ranking delegation, the members of Associations of the Deputy heads of State, the Royal members (Princes, Crown Princes, Princesses, etc.), the President of the ruling Party, etc. the guest delegations of the ministries, the central agencies and the members of the receiving committee (hereinafter referred to as Group 3): Maximum 37 automobiles.

d) Automobiles carrying luggage for international delegations officially visiting Vietnam and state high-ranking delegations visiting other countries (hereinafter referred to as Group 4): Maximum 03 automobiles.

2. Automobiles serving state receptions are equipped and assigned to the Ministry of Foreign Affairs to manage and use to serve the Party and State's foreign affairs. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the relevant agencies to submit to the Prime Minister to decide on the specific type and purchase price of each automobile group specified in Clause 1 of this Article on the purchase of equipment for foreign affairs of the Party and State, in accordance with the actual situation and conditions of the country in each period.

Article 19. Replacement of automobiles serving state reception

1. Conditions for replacing automobiles serving state reception:

a) The automobiles serving state receptions are replaced when they have been used for more than 10 years or their mileage has exceeded 150,000 km.

b) The automobiles are not specified at Point a of this Clause but the automobile's damage is beyond repair or the repair is ineffective (the repair cost estimate is 30% higher than the original price).

2. The automobiles ineligible for replacement according to Clause 1 of this Article that need to be replaced in order to meet the requirements of foreign affairs of the Party and the State, the Minister of Foreign Affairs shall submit report to Prime Minister for consideration and decision.

3. When the (used) automobiles serving state reception are replaced, the Ministry of Foreign Affairs agrees with the Ministry of Finance on the following disposal:

a) Transfer among groups (transfer from Group 1 to Group 2 or Group 3, transfer from Group 2 to Group 3); the Minister of Foreign Affairs issues a decision to transfer automobiles among groups to continue to use automobiles for state receptions.

b) Other ways of disposal prescribed in the Law on Management and Use of Public Property and documents detailing the implementation of the Law.

Section 5

AUTOMOBILES SERVING BUSINESS AFFAIRS OF MASS ASSOCIATIONS

Article 20. Automobiles serving business affairs of mass associations

1. Mass associations provide their own automobiles for their activities using the association's own funds according to the civil law, the relevant laws and the Charter of the associations.

2. Mass associations on the list of associations with specific characteristics issued by the Prime Minister (for associations operating nationwide) or the Chairperson of the Provincial-level People’s Committee (for associations operating within the locality) according to the regulations of the Prime Minister are considered and supported with automobiles to serve the following activities:

a) In case of mass associations assigned tasks by the Party and State at the central level (organizations with party groups), the Presidents of mass associations will be supported to purchase automobiles serving business affairs of position holders according to standards, norms specified at Point a, Clause 1, Article 7 of this Decree.

b) In case the association does not have automobiles serving general affairs or all existing automobiles (except automobiles specified at Point a of this Clause) are eligible for liquidation as prescribed in Clause 4 of Article 3 of this Decree, depending on budget capacity and available sources of automobiles, the associations with specific characteristics will be considered and supported with funds to purchase automobiles from the state budget according to the current state budget decentralization or in-kind support as follows:

For the associations with an assigned payroll of 20 to 50 employees, 01 automobile will be supported.

For the associations with an assigned payroll of over 50 employees or more, a maximum of 02 automobiles will be supported.

For the associations with an assigned payroll of less than 20 employees, they will receive financial support to rent an automobile or the fixed funding of using a automobile when performing tasks assigned by the Party and State.

The level of support funding must not exceed the purchase price of an automobile for general affairs specified in Clause 1, Article 15 of this Decree. In case of support in kind, it will be implemented in the form of transfer. The remaining value of the transferred automobile does not exceed the price specified in Clause 1, Article 15 of this Decree.

The funding support to purchase automobiles is implemented in accordance with the law on state budget. The transfer of automobiles is carried out in accordance with the law on management and use of public property.

3. The management, use and disposal of State-supported automobiles according to Clause 2 of this Article are carried out in accordance with the civil law, the relevant laws and the Charter of the associations. The sale, transfer, liquidation or other forms of transfer of ownership of automobiles supported by the State according to Clause 2 of this Article are not allowed when the liquidation conditions are not met as prescribed in Clause 4, Article 3 of this Decree.

Chapter III
PROVISION OF FIXED FUNDING FOR USE OR HIRE OF AUTOMOBILES

Article 21. Provision of fixed funding for use of automobiles

1. Subjects implementing provision of fixed funding for use or hire of automobiles:

a) Subjects eligible to use automobiles at units that do not purchase the automobiles according to Point c, Clause 5, Article 9, Point c, Clause 5, Article 10 and Point b, Clause 6, Article 11 of this Decree.

b) Position holders implementing provision of fixed funding for use of automobiles according to Clause 2, Article 7 of this Decree.

c) Subjects specified in Clauses 2 and 3, Article 8 of this Decree applying the fixed funding for use of automobiles according to the decisions of the competent agencies and persons specified in Clause 7 of this Article.

2. Stage of provision of fixed funding for use of automobiles:

a) Commuting.

b) Going on business trips.

3. Forms and amounts of fixed funding:

a) Distance-based fixed funding

For the commuting: The fixed funding for use of automobiles is determined on the basis of the mileage from home to office (twice/day), the number of actual working days in the month and the fixed unit price.

For business trip: The fixed funding for use of automobiles is determined on the basis of the actual mileage of each business trip and the fixed unit price.

b) Fixed funding:

For the commuting: Based on the average distance from home to office and vice versa, the monthly average days of commuting of positions that enable its holders to use automobiles, the fixed price in order to set up the fixed funding applicable to all position holders.

For business trip: Based on the monthly average distance of position holders at authorities, organizations, units and state-owned enterprises according to job requirements and fixed unit price.

4. Fixed unit price: In accordance with freight service prices of respective means of transportation.

5. Fixed funding is included in state budget estimates, allowable funding sources of the agencies, organizations, units, and state-owned enterprises. Fixed funding and monthly salary payments shall be paid to the position holders at the same time. Particularly, the fixed funding in the form specified at Point a, Clause 3 of this Article, in case of business trips and trip fees shall be paid at the same time.

6. In case all positions that enable its holders to use automobiles at agencies, organizations, units, and state-owned enterprises apply fixed funding for using automobiles for all stages, they will not purchase automobiles; in case automobiles have been purchased, the existing number of automobiles must be rearranged and disposed according to Article 23 of this Decree.

7. Pursuant to the provisions of this Decree and the actual conditions of the agencies, the organizations, the units, the state-owned enterprises, the Ministers, the Heads of the central agencies, and the Provincial-level People’s Committees (after receiving opinions of agencies according to the Working regulations of the Provincial Party Committee and City Party Committee), the Members’ Council and the Board of Directors of economic groups shall make decisions or stipulate the authority to make decisions on:

a) Application of fixed funding for use of automobiles for the subjects specified in Clauses 2 and 3, Article 8 of this Decree; Particularly, the position holders of the local Party agencies and units shall comply with the provisions of Clause 8 of this Article.

b) Forms and stages of providing fixed funding for use of automobiles for position holders.

c) Unit prices and fixed funding for use of automobiles applied to each position or each group of positions in accordance with each period.

8. The Standing Committee of the Provincial Party Committee and the City Party Committee shall decide on the applicable subject for fixed funding for use of automobiles of the local Party agencies and units according to Decree No. 165/2017/ND-CP.

9. Determination of fixed funding for use of automobiles for the commuting:

a) Distance-based fixed funding

In which:

The mileage of the commuting is the actual distance of the shortest travel route (where 4-seat transport automobiles are allowed to circulate) from home to office and vice versa of the position holders willing to pay at a fixed rate for use of automobiles;

The number of actual working days in a month is the number of actual working days the position holders willing to pay at a fixed rate for use of automobiles at the agency (including overtime days on Saturdays, Sundays or holidays, if incurred).

b) Fixed funding

The fixed funding is applied to all positions or applied to each position. The Ministers, the Heads of the central agencies, the Provincial-level People’s Committees (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee), the Members’ Council, the Board of Directors of economic groups shall decide or stipulate the authority to decide on the application of fixed funding level to ensure compliance with actual conditions, the mileage of the commuting of the position holders willing to pay at a fixed rate for use of automobiles. The fixed funding level is determined as follows:

In which:

The average mileage of the commuting is calculated according to the shortest actual total mileage of the commuting (where 4-seat transport automobiles are allowed to circulate) of all position holders willing to pay at a fixed rate for use of automobiles divided by (:) total number of that position holders enable its holders to use (if applicable to all positions); calculated according to the shortest actual mileage of the commuting (where 4-seat transport business automobiles are allowed to circulate) of each position holders willing to pay at a fixed rate for use of automobiles (in case applicable to each position).

Monthly average number of commuting days (day/month): 22 days.

10. Determination of fixed funding for use of automobiles for business trips:

The agency or person with the authority to decide on fixed funding for use of automobiles shall stipulate the application of fixed funding to the entire stage of business trip or each stage (for example: fixed funding when going on business trip within the province or centrally-run city; fixed funding when going on business trip in the district, etc.); the fixed funding level for business trip is determined as follows:

a) Distance-based fixed funding

The level of fixed funding for use of automobiles for business trips in case of applying the fixed funding based on actual mileage is determined as follows:

In which: Total actual mileage for each business trip is determined on the basis of the actual distance of the shortest trip route from the agency to the work (where transport business automobiles are allowed to circulate) working periods of each position holders willing to pay at a fixed rate for use of automobiles.

b) Fixed funding

The fixed funding is applied to all positions or applied to each position. The Ministers, the Heads of the central agencies, the Provincial-level People’s Committees (after asking for opinions from relevant agencies according to the Working Regulations of the Provincial Party Committee and City Party Committee), the Members’ Council, the Board of Directors of economic groups shall decide or stipulate the authority to decide on the application of fixed funding level to ensure compliance with actual conditions, applicable in case of regular business trips during the month (total number of business trip days accounts for more than 50% of the total number of working days in the month according to the provisions of the Labor Code) of positions applying for fixed funding for use of automobiles.

The fixed funding level is determined as follows:

In which: The average monthly number of business trip mileage is determined on the basis of the total number of actual business trip mileage of the 12 months in the year before the application of fixed funding for use of automobiles for all position holders applying for fixed funding for use of automobiles divided by (:) Total number of titles applying for fixed funding divided by (:) 12 months (in applicable cases: for all positions); determined on the basis of the total number of actual business trip mileage of the 12 months in the year before the application of fixed funding for use of automobiles for all positions applying for fixed funding for use of automobiles divided by (:) 12 months (if applicable to each position).

11. The State agencies, organizations, units, and enterprises authorized by competent authorities; the authority specified in Clause 7 and Clause 8 of this Article shall assign the implementation of the fixed funding for use of automobiles:

a) Determine the mileage of the commuting, and the actual number of working days in the month for each position holders willing to pay at a fixed rate for use of automobiles; Determine the average mileage of the commuting, the monthly average days of commuting of position according to Clause 9 of this Article.

b) Determine the total actual kilometers of each business trip for each position holders willing to pay at a fixed rate for use of automobiles; determine the average monthly business trip mileage of the position applying for fixed funding according to Clause 10 of this Article.

c) Decide on the fixed unit price for use of automobiles according to Point c, Clause 7 of this Article.

Article 22. Hire of automobiles

1. The agencies, organizations, units, and state-owned enterprises shall hire automobiles for general affairs and specialized automobiles in the following cases:

a) The current number of automobiles is insufficient for affairs and fixed funding for use of automobiles is not applied to this case.

b) There is a position that enables its holder to use an automobile but the agencies, organizations, and units is not eligible for use of automobiles serving general affairs specified at Point c, Clause 5, Article 9, Point c, Clause 5 Article 10 and Point b Clause 6; Article 11 of this Decree.

c) The agencies, organizations, units, and state-owned enterprises that are eligible for entitlement to use automobiles serving general affairs and specialized automobiles specified in this Decree but do not purchase automobiles as well as fixed funding for use of automobiles are not applied.

2. Based on the specific and actual conditions of providing automobile services in the market, agencies, organizations, units, project management boards, and state-owned enterprises shall hire automobile services. The automobile service rental price is consistent with the freight service prices of respective means of transportation.

Chapter IV
RE-ARRANGEMENT AND DISPOSAL OF AUTOMOBILES

Article 23. Rearrangement and disposal of automobiles serving business affairs of position holders, automobiles serving general affairs

1. The ministries, central agencies, and provincial-level People’s Committees shall, based on the standards and norms for use of automobiles specified in this Decree, review and rearrange the existing number of automobiles of the agencies, organizations and units under their management; dispose the excessive number of automobiles according to Law on Management and Use of Public Property and documents detailing the implementation of the Law. Completion time: 12 months from the effective date of this Decree.

The agencies, organizations and units are responsible for fully and accurately updating automobile data after review and processing into the National Database on Public Property within the prescribed time limit.

 2. The state-owned enterprises shall, based on the standards and norms for use of automobiles specified in this Decree, review and rearrange the current number of automobiles serving affairs; dispose the excessive number of automobiles in accordance with the law on management and use of state capital invested in production and business at enterprises and the related laws. Completion time: 12 months from the effective date of this Decree.

3. In case the ministries, central agencies, general departments and provincial-level People’s Committees, District-level People’s Committees change the automobile management method or adjust the number of automobiles used by each unit, that the existing number of automobiles must be rearranged, it will be done in the form of assignment or transfer in accordance with the law on management and use of public property.

Article 24. Rearrangement and disposal of specialized automobiles

1. Based on the list of specialized automobiles specified in Article 16 of this Decree, the agencies and persons competent to promulgate standards and norms for use of specialized automobiles specified in Article 17 of this Decree shall review their issued decisions on standards and norms for using specialized automobiles according to Decree No. 04/2019/ND-CP to dispose them as follows:

a) For the decisions on standards and norms for use of specialized automobiles in the list specified in Article 16 of this Decree that have been issued according to the authority and order specified in Decree No. 04/2019/ND-CP and the issued standards and norms are still appropriate, they will continue to be implemented according to those decisions until there is a replacement document. The agencies and persons competent to promulgate standards and norms for the use of specialized automobiles are responsible for notifying the affected subjects in writing and posting publicly on the portal of the ministries, central agencies, provinces and centrally-run cities.

b) In other cases, the competent agencies and persons must promulgate standards and norms for specialized automobiles specified in Articles 16 and 17 of this Decree within 12 months from the date this Decree takes effect. During the time that competent agencies and persons have not issued standards and norms for the use of specialized automobiles according to the provisions of Article 16 and 17 of this Decree, the management and disposal of purchased specialized automobiles will be implemented as follows:

For specialized automobiles on the list specified in Article 16 of this Decree, the agencies, organizations, and units that manage and use specialized automobiles purchased according to the standards and norms promulgated by competent agencies and persons before the effective date of this Decree, are not entitled to transfer automobiles or purchase new automobiles. In case of transfer within the management of the ministries, central agencies, provinces or centrally-run cities or liquidation of automobile, it shall comply with the Law on Management and Use of Public Property and the relevant detailed documents. After the competent agencies and persons promulgate standards and norms for the use of specialized automobiles according to Articles 16 and 17 of this Decree, the ministries, central agencies, and provincial-level People’s Committees shall carry out the arrangement and disposal according to Clause 2 of this Article. In case, after arrangement and disposal, there is still a shortage of specialized automobiles according to standards and norms, the delivery and purchase of new automobiles shall be carried out in accordance with the law.

For the purchased specialized automobiles not currently on the list specified in Article 16 of this Decree, they will be transferred to automobiles serving general affairs and rearranged according to Article 23 of this Decree.

2. Based on the standards and norms for using specialized automobiles notified or issued by the competent agencies and persons according to Clause 1 of this Article, the ministries, the central agencies, the economic groups, and the Provincial-level People’s Committees shall organize the review and rearrangement of existing specialized automobiles of agencies, organizations and units under their management as follows:

a) In case the existing specialized automobiles comply with the standards and norms for using specialized automobiles specified in this Decree, they shall continue to be managed and used.

b) In case the existing specialized automobile does not comply with the standards and norms of specialized automobiles specified in this Decree but can be used to serve general affairs, they shall be transferred to automobiles serving general affairs to use according to standards and norms for use of automobiles serving general affairs; the remaining number shall be handled according to the forms prescribed by the Law on Management and Use of Public Property and the relevant detailed documents.

The disposal of specialized automobiles that do not conform to standards and norms must be completed no later than 12 months from the date the competent agency or person promulgates standards and norms according to the provisions of Article 16, Article 17 of this Decree. In case the existing specialized automobiles comply with the standards and norms for specialized automobiles specified in this Decree, 12 months from the date the competent authority or person promulgates the automobile standards and norms on specialized automobiles, it must have a written notification to the affected subjects.

3. The agencies, organizations and units are responsible for fully updating automobile data after review and processing into the National Database on Public Property within the prescribed time limit.

Chapter V
IMPLEMENTATION PROVISIONS

Article 25. Transition handling

1. The positions specified in Article 6 and Article 7 of this Decree that are purchased automobiles serving business affairs of position holders will continue to use such automobiles; in case such automobile is eligible for liquidation as prescribed in Clause 4, Article 3 of this Decree, it shall be replaced according to the standards and norms specified in this Decree.

2. The positions have been provided with automobiles in accordance with Decree No. 04/2019/ND-CP but are now not included in the list of titles and positions that enable its holders to use automobiles stipulated in Article 6 and Article 7 of this Decree, such positions can continue to use the automobiles until the titles and positions are rearranged according to the Conclusion 35-KL/TW dated May 5, 2022 of the Political Bureau.

3. The positions with allowance coefficients equivalent to the position allowance coefficients of the positions specified at Points a, b, c, d and dd, Clause 2, Article 8 of this Decree are eligible to use automobiles for general affairs while the competent authority or person has not yet issued a replacement regulation.

4. The automobiles serving general affairs that were provided before the effective date of this Decree (including the number of specialized automobiles converted to the automobiles serving general affairs according to Point b, Clause 1, Point b, Clause 2, Article 24 of this Decree) must be rearranged to continue to use to serve the general affairs of agencies, organizations, units, and state-owned enterprises (including cases where the previous purchase price was higher than the maximum price specified in this Decree) under the management of each ministry, central agency, province and centrally-run city according to the quantity in accordance with this Decree; the excessive number of automobiles (if any) will be disposed according to the forms specified in the Law on Management and Use of Public Property, Decree No. 151/2017/ND-CP and the amended and supplemented documents (if any). Completion time: 12 months from the effective date of this Decree.

For the ministries, central agencies, and general departments organized vertically in provinces and centrally-run cities, in case after rearrangement and disposal of automobiles according to regulations, the number of automobiles serving general affairs specified in this Decree are lower than the number of automobiles serving general affairs plus pickup trucks and specialized automobiles for specific tasks promulgated by competent agencies and people according to existing regulations, they can continue to manage and use the existing number of automobiles to serve their affairs. When the liquidation conditions are met as prescribed in Clause 4, Article 3 of this Decree, the agencies, organizations and units shall carry out liquidation according to the provisions of the Law on Management and Use of Public Property and the relevant detailed documents, ensuring the number of automobiles serving general affairs according to the norms specified in this Decree,

Article 26. Implementation provisions and responsibilities for implementation

1. This Decree takes effect from November 10, 2023.

2. This Decree replaces Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government regulating standards and norms for use of automobiles.

3. The ministries, the central agencies, the provincial-level People’s Committees, and the economic groups shall:

a) Organize the determination of the number of automobiles used by agencies, organizations, units, and state-owned enterprises under their management in accordance with the standards and norms prescribed in this Decree, and notify agencies, organizations, units, and state-owned enterprises under their management and the Ministry of Finance. The units under the Ministry that are level-1 estimating units must also comply with this regulation,

b) Direct agencies, organizations, units, and state-owned enterprises under their management to manage and use automobiles in accordance with standards and norms, and dispose the excessive number of automobiles and liquidate automobiles when meeting the conditions prescribed in this Decree; arrange a team of drivers upon disposal of the excessive number of automobiles according to the labor law; account and publicize the cost of using automobiles, the cost of using automobiles, and renting automobile service for affairs according to the law; update data on automobiles to the National Database on Public Property according to regulations.

4. The Ministry of Foreign Affairs promulgates the Regulations on management and use of automobiles serving state reception after receiving opinions from the relevant agencies.

5. The Ministers, the Heads of central agencies, the Chairperson of People's Committees of provinces and centrally-run cities, the Chairpersons of Members' Councils, the Chairpersons of Boards of Directors of economic groups, the Heads of relevant agencies, organizations, units, and enterprises and officials, civil servants, public employees, and workers working at agencies, organizations, units, and state-owned enterprises shall be responsible for implementing this Decree.