Enterprises donate cars: State agencies can receive under standards

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Mr. Tran Duc Thang was talking with press.

Answering the question, "Can State agencies be allowed to receive cars donated by enterprises?". Mr. Tran Duc Thang, Director General of the Public Asset Management Department under the Ministry of Finance confirmed that it is possible but must be in line with the standards, norms and regulations of law.

This was stipulated in the Prime Minister's Decision No. 64/2007/QD-TTg promulgating the regulations on giving, receiving and handover of gifts by State budget-funded agencies, organizations and units and cadres, public employees and servants.

Accordingly, agencies, units and cadres, public employees and servants not only are entitled to receive gifts, but also may use funds and assets of the State or originated from the State budget as gifts.

Types of gifts include not only cars but also Vietnamese currency, foreign currencies, savings certificates, stocks, bonds, checks and valuable papers; and materials, goods, assets; and services of domestic or overseas sightseeing tours, travel, healthcare, education-training, internship and refresher training and other kinds of services; and rights to buy assets, houses, land use rights and equipment use rights; non State-prescribed privileges., etc.

Thus, the agencies receiving gifts or donations from organizations and enterprises have legal basis. According to Mr. Thang, in fact many organizations and enterprises have donated medical equipment and learning tools to units in remote areas besides car donation for transportation. These actions are socially encouraged and supported.

In some localities, if the receipt of donated cars does not accompany with conditions related to personal interests, the localities are allowed to receive. After receiving, the localities must use them in accordance with standards and norms. If the receipt of donated car is overstandards and norms but the localities cannot refuse, the donated cars must be handled according to regulations, such as being sold to collect money for the budget" Mr. Thang said.

Basing on the Prime Minister’s Decision, all ministries, agencies, units and localities must decide and take responsibility for their decision whether to receive or not receive gifts by themselves.

If receiving gifts, those assets must be owned by the State, then the unit will report to the Ministry of Finance to take them into national data on State assets.

If the donated assets are cars, the process of receipt shall be also in compliance with those procedures. The expense to take care ofdonated automobiles is ensured by the total annual budget’s expenditures of the receiving unit.

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Also according to the representative of the Public Asset Management Department, through actual deployment, the management mechanism of donated cars has hadsome problems. Hence, in the coming time, the Department will review and consult the Ministry of Finance to submit the National Assembly to amend Decision No. 64 in direction of requesting units to report to the upper levels before receiving gifts as assets with great value and concurrently requesting ODA projects to ensure cost of car operation during performance when giving and donating cars for Project Management Board.