What are regulations on purchase of machinery, equipment and other property of overseas Vietnamese bodies?

What are regulations on purchase of machinery, equipment and other property of overseas Vietnamese bodies?

Pursuant to Article 30 of the Decree 166/2017/NĐ-CP stipulating purchase of machinery, equipment and other property of overseas Vietnamese bodies as follows:

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

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

What are regulations on renting of machinery, equipment and other property of overseas Vietnamese bodies?

Pursuant to Article 31 of the Decree 166/2017/NĐ-CP stipulating renting of machinery, equipment and other property of overseas Vietnamese bodies as follows:

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

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

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

What are regulations on provision of fixed funding for use of common office equipment and machinery of overseas Vietnamese bodies?

Pursuant to Article 32 of the Decree 166/2017/NĐ-CP stipulating provision of fixed funding for use of common office equipment and machinery of overseas Vietnamese bodies as follows:

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

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

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

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

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

=

Market price of new common office equipment/machinery

:

Useful life per regulations (year)

:

12 months

In which:

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

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

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

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

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

What are regulations on liquidation of machinery, equipment and other property of overseas Vietnamese bodies?

Pursuant to Article 33 of the Decree 166/2017/NĐ-CP stipulating liquidation of machinery, equipment and other property of overseas Vietnamese bodies as follows:

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

2. Machinery, equipment and other property related to national secrets shall be liquidated according to relevant law provisions.

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

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

Best regards!