Decree No. 171/2024/ND-CP on amending Decree No. 166/2017/ND-CP providing for standards, norms and requirements for management and use of public property of Overseas Vietnamese Bodies

 

DECREE

AMENDING A NUMBER OF ARTICLES OF DECREE NO. 166/2017/ND-CP DATED DECEMBER 31, 2017 OF THE GOVERNMENT PROVIDING FOR STANDARDS, NORMS AND REQUIREMENTS FOR MANAGEMENT AND USE OF PUBLIC PROPERTY OF OVERSEAS VIETNAMESE BODIES

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017; Law amending a number of articles of the Law on Securities, Accounting Law, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserve, Law on Handling of Administrative Violations dated November 29, 2024

Pursuant to Law on overseas missions of Socialist Republic of Vietnam dated June 18, 2009; Law on amendments to the Law on overseas missions of Socialist Republic of Vietnam dated December 21, 2017;

At the request of the Minister of Finance;

The Government issued a Decree amending a number of articles of Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government providing for standards, norms and requirements for management and use of public property of Overseas Vietnamese Bodies.

Article 1. Amendments to a number of articles of Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government providing for standards, norms and requirements for management and use of public property of Overseas Vietnamese Bodies

1. Amendments to clauses 2, 5 and 6 of Article 4 and addition of clauses 2a, 7, and 8 to Article 4:

“2. “Office” of an overseas Vietnamese body refers to land, working houses and other property attached to land servicing activities by the assigned functions and tasks of the overseas Vietnamese body.

2a. Secondment division with its own budget of an overseas missions of the Socialist Republic of Vietnam (hereinafter referred to as” Secondment division(s)”) refers to a division whose recurrent expenses is not allocated by the Ministry of Foreign Affairs but is allocated by the agency with secondment officials according to law on overseas missions of the Socialist Republic of Vietnam.

5. Private houses of ambassadors refer to land (if any), housing and other property attached to land used for foreign affairs and as housing for the ambassador or heads of Vietnamese missions to international organizations, consul generals and equivalent titles. Area of private houses of ambassadors includes area used for foreign affairs and as housing for the ambassador or heads of Vietnamese missions to international organizations, consul generals and equivalent titles and accompanying persons in accordance with the standards and norm specified herein.

6. Housing of officials and public employees refers to land (if any), housing and other property attached to land used as housing for officials and employees of an overseas Vietnamese body (hereinafter referred to as “housing”). Housing area for each title includes area used as housing for officials, public employees and as housing for their accompanying persons in accordance with the standards and norm specified herein. Housing may be located on the premises of the office or service providing facility or independently from the office or service providing facility of the overseas Vietnamese body.

7. Ministers, the Heads of central agencies shall determine the authority and responsibilities specified in this Decree as follows:

a) The Minister of Foreign Affairs: Missions (excluding secondment divisions of missions specified in clause 2a of this Article);

b) Ministers, heads of the central agencies of other overseas Vietnamese bodies, of the secondment divisions of missions: Other overseas Vietnamese bodies under central management, secondment divisions of missions.

8. Accompanying persons prescribed in this Decree are spouses, children under the age of majority accompanying the members of the overseas Vietnamese bodies.”

2. Amendments to Clauses 5 and 6 of Article 5 and addition of Clauses 10, 11, 12, 13, and 14 to Article 5:

5. When used public property is assigned, transferred or received, its price, which provides the basis for standard and norm determination, shall be its remaining value according to the ledger, except for cases specified in clause 14 of this Article.

6. Prices in public property use norms provided in this Decree shall comply with regulations of clause 1 of Article 24 of Law on Management and use of public property; exclude premium, charges and other payments related to public property use according to regulations of the host country. If taxes, fees, charges, and other payments according to regulations of the host country are exempt, the budget for procurement corresponding to the amount that is not required to be paid or exempted shall not be allocated.

10. The head of the mission shall allocate equipped property for operation of officials and public employees of the Ministry of Foreign Affairs and officials and public employees of relevant agencies working under the secondment policy in the fields of investment, labor, culture, science, technology, and other fields under the mission (excluding officials and public employees of secondment division specified in clause 2a of Article 4 hereof).

11. The quantity of property, working are, housing area, and prices specified in this Decree are their maximum. Based on the need to use property to carry out assigned tasks and the budget capacity, other financial resources permitted to be used in accordance with law, the authority, person with competence to assign, transfer, invest in construction, procurement, leasing of property, shall review and decide on the appropriate quantity of property, area, and price to ensure economy and efficiency.

12. Depreciation rate (% per year) for automobiles of the overseas Vietnamese bodies:

a) For automobiles to support duty performance of titles: 16,67% per year;

b) For automobiles for general business: 10% per year.

13. If the overseas Vietnamese body is affiliated to units permitted by the competent authority, person to apply financial mechanisms like enterprises, depreciation of fixed assets shall be implemented according to applicable regulations.

14. The Minister of Finance shall decide (for cases of transferring automobiles between ministries, central agencies, between central and local authorities, among provinces, centrally affiliated cities), the Minister, Head of central agency, Provincial People’s Council shall decide or grant power to decide (for cases of transferring automobiles between the overseas Vietnamese bodies under the management ministries, central and local authorities) to transfer used automobiles with remaining value on the ledger or re-evaluated value in accordance with law (for automobiles not yet listed on the ledger or cases requiring revaluation when processing in accordance with law) not exceeding the maximum price prescribed in this Decree or higher by no more than 15% compared to the maximum price as prescribed in this Decree. If necessary, the Prime Minister, upon the proposal of the Minister, Head of central agency, the Chairman of relevant Provincial People’s Committee, shall review and decide on the transfer of used automobiles with remaining value or re-evaluated value higher than 15% compared to the maximum price prescribed in this Decree.”.

3. Addition of clause 5a after clause 5:

“Article 5a. Restructuring, disposal of public property of overseas Vietnamese bodies

Overseas Vietnamese bodies shall review their existing property to ensure compliance with the standards and norms specified herein, then:

1. Property that meets the standards and norms prescribed herein shall continue to be managed and used; missions, secondment divisions, and other overseas Vietnamese bodies with such property shall conduct complete in-kind and value inventory and accounting in accordance with law.

2. For property that exceeds the standards and norms, the other overseas Vietnamese body shall report to the competent authority, person for disposals in forms prescribed by the laws on the management and use of public property and this Decree.”.

4. Amendments to Article 6:

“Article 6. Standards and norms for use of working area and housing area

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

2. Working area and housing area of titles of overseas Vietnamese bodies of host countries not specified in clause 1 of this Article:

3. Overseas Vietnamese bodies that shall apply standards and norms in Clauses 1 and 2 of this Article shall be determined based on the Government’s classification of foreign partners.

4. In case the area of each existing working room, each dwelling unit in the headquarters, the housing fund, or the actual local market for offices, housing for lease does not have types of working rooms, dwelling units with exact area as the maximum area prescribed in clause 1, clause 2 of this Article, the Minister, Head of central agency, Provincial People’s Council shall decide or grant power to decide to allow the adjustment of the allocated area, area of new rentals for each position to be suitable with the reality, but must ensure that the total area allocated, newly rented for each position does not exceed the total working area, housing area of the positions calculated according to the prescribed working area, housing area in clause 1, clause 2 of this Article in each local area.”.

5. Amendment to point d of clause 2 of Article 7:

d) Shared area shall account for up to 150% of total working area of titles if the overseas Vietnamese body has fewer than 05 workers, but ensure a minimum of 30 m2 of floor space.”.

6. Amendment to Article 8:

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

1. Specialized areas include:

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

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

2. Pursuant to Clause 1 of this Article, the decision to apply specific standards and norms for use of specialized area of overseas Vietnamese bodies shall comply with Clause 4 and Clause 5 of Article 26 of the Law on Management and Use of Public Property.

3. If the secondment division of a mission need to have area for foreign affairs at that office of such mission to receive international guests, organize reception and festival, the Head of the mission shall consider and allocate an area for the secondment division for foreign affairs as stipulated in point a of clause 1 of this Article by proper function of the property, ensuring security and safety, and a fee may be charged to offset the direct costs related to the operation of the property during the period of use in accordance with regulations on the general use of public property specified in the Government’s Decree detailing some articles of the Law on Management and Use of Public Property.

7. Amendment to clause 2 of Article 9:

Procedures for and competence in deciding investment in construction and purchase of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies shall adhere to relevant laws.”.

8. Amendment to Article 12:

“Article 12. Maintenance, repair, renovation, upgrade, expansion of offices, service providing facilities, housing and private houses of ambassadors

Maintenance, repair, renovation, upgrade, expansion of offices, service providing facilities, housing and private houses of ambassadors shall adhere to laws of the host country. In case the law of the host country does not provide, regulations of Vietnamese law shall apply.”.”.

9. 8. Addition of Article 12a after Article 12:

“Article 12a. “Article 8. Transfer of offices, service providing facilities, housing and private houses of ambassadors

1. Transfer of offices, service providing facilities, housing and private houses of ambassadors shall be carried out in cases specified in clause 1 of Article 12 of Law on management and use of public property.

2. Authority to make a decision:

a) The Minister of Finance shall make decisions on the transfer the offices, service providing facilities, housing and private houses of ambassadors between ministries, central agencies, between the central and local authorities, between provinces and centrally affiliated cities at the request of the Ministers, Heads of central agencies, and Chairmen of relevant provincial People’s Committees;

b) The Minister and Head of a central agency shall make decisions or grant power to make decision on the transfer the offices, service providing facilities, housing and private houses of ambassadors between agencies, organizations, and units under the management of the ministry or central agency;

c) The Provincial People’s Council shall make decisions or grant power to make decision on the transfer the offices, service providing facilities, housing and private houses of ambassadors between ministries, central agencies, between agencies, organizations, and units under its management.”.

10. Amendments to clauses 1 and 2 of Article 13:

“1. The sale of offices, service providing facilities, housing and private houses of ambassadors shall be carried out in cases specified in clause 1 of Article 43 of Law on management and use of public property. The sale thereof shall comply with laws of the host country;

2. b) The Minister and Head of a central agency shall make decisions on selling the offices, service providing facilities, housing and private houses of ambassadors under their management; The People’s Council shall make decisions or grant power to make decisions on selling the offices, service providing facilities, housing and private houses of ambassadors under their management under its management.”.

11. Amendments to clauses 2 and 3 of Article 14:

“2. Authority to make a decision:

b) The Minister and Head of a central agency shall make decisions or grant power to make decisions on liquidation of houses, works and other property attached to land of offices, service providing facilities, housing and private houses of ambassadors under the management of the ministry and central agency;

b) The People’s Council shall make decisions or grant power to make decisions on liquidation of houses, works and other property attached to land of offices, service providing facilities, housing and private houses of ambassadors under its management.

3. Based on the decision to property liquidation of the competent authority, person, the agency with property to be liquidated shall the liquidation in accordance with the law of the host country; in case the law of the host country does not provide for such matter, it shall comply with Vietnamese law.”.

12. Amendments to clauses 3 and 4 of Article 15:

“3. In case of improper use, the Minister, Head of central agency, Chairman of provincial People’s Committee shall terminate the such use; at the same time, handle the liabilities of related organizations and individuals in accordance with relevant laws. Overseas Vietnamese bodies shall deposit all the collected amounts into the fund for temporary retention of state budget revenues at Vietnamese agencies abroad.

Offices, service providing facilities, housing, and private houses of ambassadors that are furnished but are no longer needed to be put into use shall be sold or transferred to other overseas Vietnamese bodies. The sale, transfer thereof shall comply with Article 12a, Article 13 hereof.

4. Oversea Vietnamese bodies shall develop a plan to rearrange and dispose the offices, service providing facilities, housing, and private houses of ambassadors under manage and use and report it to the Minister, Head of the central agency, and the Provincial People’s Committee for approval (except for the case specified in Point a of Clause 2 of Article 12a of this Decree).

13. Amendments to Article 16:

“Article 16. Types, quantities, prices of automobiles and users of automobiles of missions

1. For automobiles to support duty performance of titles:

a) Ambassadors and equivalent titles, chargés d’affaires and heads of Vietnamese missions to international organizations may regularly use 01 automobile priced at up to USD 90.000/automobile to perform their duties. Consul generals and equivalent titles may regularly use 01 automobile priced at up to USD 85.000/automobile to perform their duties;

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

2. For automobiles for general business (except for secondment divisions):

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

b) Quantities of automobiles for general business:

The number of people on payroll used to determine the number of automobiles specified in this Clause does not include titles specified in clause 1 of this Article;

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

d) Prices:

01 automobile may be purchased with a price of up to USD 55.000/automobile;

The remaining automobiles may be purchased with a price of up to USD 45.000/automobile.

3. For automobiles for general business of secondment divisions of missions:

a) Titles of secondment divisions of missions may use automobiles to perform their duties according to specific conditions and the nature of those duties as per regulations of the Ministers, Heads of central agencies;

b) Quantities of automobiles for general business:

c) Prices:

01 automobile may be priced at up to USD 55.000/automobile;

The remaining automobiles may be purchased with a price of up to USD 45.000/automobile.

4. The automobiles specified in Clauses 1, 2 and 3 of this Article are automobiles with 4 to 16 seats (including pickup trucks).

5. In case it is necessary to equip automobiles with 16 seats or more for foreign affairs-related delegations, the Ministers, Heads of central agencies shall review and make a decision. Automobiles equipped according to regulations of this Clause shall be excluded from norms for use of automobiles for general business of the missions, secondment divisions specified in Clauses 1, 2, and 3 of this Article.”

14. Amendments to Article 17:

“Article 17. Types, quantities, prices of automobiles and users of automobiles for general business of other overseas Vietnamese bodies

1. Titles of other overseas Vietnamese bodies may use automobiles to perform their duties according to specific conditions and the nature of those duties as per regulations of the Ministers, Heads of central agencies, and Provincial People’s Committees;

2. Quantities of automobiles for general business:

3. The automobiles specified in Clauses 2 of this Article are automobiles with 4 to 16 seats (including pickup trucks).

4. The automobiles may be purchased with a price of up to USD 45.000/automobile (excluding taxes).”.

15. Amendments to Article 18:

“Article 18. Automobile price adjustment

In case the prices of automobiles in the market increase:

1. Ministers, heads of ministries and provincial People’s Committees shall review and decide a price (excluding taxes) higher than the prices mentioned in Articles 16, 17 hereof by no more than 15%;

2. In case it is necessary to equip automobiles at a price higher than mentioned in Articles 16, 17 hereof by more than 15%, the ministers, heads of ministries and provincial People’s Committees shall report to the Prime Minister for review and decision.”.

16. Amendments to Article 19:

“Article 19. Provision of other transport vehicles

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

17. Amendment to clause 2 of Article 27:

“2. Pursuant to clause 1 of this Article, the decision to apply specific standards, norms for machinery, specialized equipment of each overseas Vietnamese body shall comply with clause 4, clause 5 of Article 26 of the Law on Management and Use of Public Property.”.

18. Amendment to clause 1 of Article 28:

“1. Daily living objects provided for titles of overseas Vietnamese bodies and accompanying persons are objects connected with housing and private houses, including: Air conditioner, working desk and chair sets, guest table and chair sets, dining table and chair sets, file cabinets, televisions, landline phones, wardrobes, beds, mattresses, refrigerators, washing machines, microwaves, kitchen cabinet sets (including kitchen cabinet, sink, faucet, stove, range hood) water heater, vacuum cleaner and other objects (if necessary).

19. Amendment to clause 2 of Article 36 and addition of clause 2a after clause 2 of Article 36:

Ministers, Heads of central agencies, Chairmen of Provincial People’s Committees shall:

a) Direct and provide guidance to overseas Vietnamese bodies within their management to manage and use offices, service providing facilities, housing, and private houses of ambassadors; automobiles, other means of transport; machinery, equipment, and other property of overseas Vietnamese bodies (including rented premises of overseas Vietnam bodies) specified herein and other relevant documents;

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

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

d) Perform other tasks, authorities specified herein and relevant laws.

2a. The Provincial People’s Council shall make decision or grant power to made decisions in managing and using public property under the local management specified in clause 2 of Article 17 of the Law on Management and Use of Public Property.”.

Article 2. Amendment, replacement, and annulment of some regulations of Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government on standards, norms, and requirements for management and use of public property of overseas Vietnamese bodies

1. The following phrases shall be replaced:

a) Replace the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Chủ tịch Ủy ban nhân dân cấp tỉnh quyết định hoặc phân cấp cho Thủ trưởng Cơ quan Việt Nam ở nước ngoài quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Committees shall make decisions or grant power to the Head of the overseas Vietnamese bodies to make decisions”) with the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Hội đồng nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Councils shall make decisions or grant power to make decisions “) in clause 4 of Article 10, clause 3 of Article 11, clause 2 of Article 23, clause 4 and clause 5 of Article 25, clause 2 of Article 26, clause 3 of Article 27, clause 4 and clause 6 of Article 28, clause 3 of Article 32;

b) Replace the phrase “Thủ trưởng cơ quan Việt Nam ở nước ngoài quyết định (“Head of the overseas Vietnamese bodies shall make decisions”) with the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Hội đồng nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Councils shall make decisions or grant power to make decisions “) in clause 3 of Article 21, clause 2 of Article 22, clause 6 of Article 24, clause 4 of Article 27, clause 3 of Article 31, clause 3 of Article 33;

c) Replace the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Chủ tịch Ủy ban nhân dân cấp tỉnh quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Committees shall make decisions”) with the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Hội đồng nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Councils shall make decisions or grant power to make decisions “) in clause 3 of Article 25, clause 3 of Article 28;

d) Replace the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Chủ tịch Ủy ban nhân dân cấp tỉnh xem xét, quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Committees shall review and make decisions”) with the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Hội đồng nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Councils shall make decisions or grant power to make decisions “) in Article 29;

dd) Replace the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Ủy ban nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Committees shall make decisions or grant power to make decisions”) with the phrase “Bộ trưởng, Thủ trưởng cơ quan trung ương, Hội đồng nhân dân cấp tỉnh quyết định hoặc phân cấp thẩm quyền quyết định” (“Ministers, Heads of central agencies, Chairmen of Provincial People’s Councils shall make decisions or grant power to make decisions”) in clause 2 Article 30;

2. Replace Appendix I and Appendix II.

3. 3. Clause 3 of Article 24, Article 35 is annulled;

Article 3. Implementation clauses

1. This Circular comes into force from January 01, 2025.

2. Transition clauses

a) If ministries, central agencies, and provincial People’s Committees have issued standards and norms for the use of specialized property before the effective date of this Decree, which are still in compliance with this Decree, the previously issued standards and norms shall continue to be applied;

b) For investment projects to build offices, service providing facilities, housing, and private houses of ambassadors approval by competent authorities according to regulations before the effective date of this Decree but have not commenced construction, the competent authorities or persons shall choose to continue implementing the approved project or adjust the investment project to comply with the standards and norms of this Decree, ensuring that the total investment amount of the project does not change due to the adjustment of the area. The adjustment of the investment project shall be carried out in accordance with the laws on public investment and other relevant laws;

c) In cases where housing is rented according to the norms specified in Decree No. 166/2017/ND-CP , the rented properties shall continue to be used until the expiry of the signed lease contract. After the lease expires without extension, based on the allocated budget and other permitted funding sources in accordance with the law, the competent authorities, persons shall review and decide on the rental of properties according to the standards and norms specified herein.

3. Ministers, Heads of central agencies, Chairmen of provincial People’s Committees, Heads of agencies, organizations, units and titles working at overseas Vietnamese bodies are responsible for implementing this Decree.