DECISION

PROMULGATION OF A REGULATION ON MANAGEMENT AND USE OF MOTOR VEHICLES OF AGENCIES AFFILIATED TO CIVIL AVIATION AUTHORITY OF VIETNAM

DIRECTOR GENERAL OF THE CIVIL AVIATION AUTHORITY OF VIETNAM

Pursuant to the Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017;

Pursuant to the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017 elaborating certain Articles of the Law on Management and Use of Public Property;

Pursuant to Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government on standards and norms for use of motor vehicles;

Pursuant to Circular No. 24/2019/TT-BTC of the Ministry of Finance dated April 22, 2019 providing guidance on Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government on standards and norms for use of motor vehicles;

Circular No. 53/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transport regulating maintenance and repair of road vehicles;

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Pursuant to Decision No. 1281/QD-BGTVT dated June 19, 2018 of the Ministry of Transport of Vietnam on hierarchy of management of use of public property in regulatory agencies, public service providers affiliated to the Ministry of Transport;

Pursuant to Decision No. 2606/QD-BGTVT dated September 07, 2017 of the Minister of Transport of Vietnam providing for functions, tasks, powers and organizational structure of the Civil Aviation Authority of Vietnam; Decision No.  1055/QD-BGTVT dated May 31, 2019 of the Minister of Transport of Vietnam amending Decision No. 2606/QD-BGTVT dated September 07, 2017;

At the request of the Chief of the Civil Aviation Authority of Vietnam (CAA) Secretariat (hereinafter referred to as "the Chief of the CAA secretariat”;

HEREBY DECIDES:

Article 1. A regulation on management and use of motor vehicles of agencies affiliated to the CAA (hereinafter referred to as “CAA-affiliated agencies”) is promulgated together with this Decision.

Article 2. This Decision comes into force from the day on which it is signed and replaces Decision No. 1811/QD-CHK dated May 06, 2011 of the General Director of CAA on management and use of motor vehicles of the CAA.

Article 3. The Chief of the CAA secretariat, Aviation Chief Inspector, Heads of units affiliated to CAA-affiliated agencies and relevant individuals are responsible for implementation of this Decision./.

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REGULATION

Management and use of motor vehicles of CAA-affiliated agencies
(Enclosed with Decision No. 1347/2022/QD-CHK dated June 23, 2022 of the Director General of the CAA)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Regulation provide for standards and rules of management and use of motor vehicles serving business affairs and special-use motor vehicles (hereinafter referred to as “motor vehicle”) of CAA-affiliated agencies purchased using budget of the CAA.

Article 2. Regulated entities

This Regulation are applicable to units, officials and employees of CAA-affiliated agencies relating to management and use of motor vehicles of CAA-affiliated agencies.

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The management and use of motor vehicles of CAA-affiliated agencies shall comply with the following principles:

1. Motor vehicles of CAA-affiliated agencies shall be managed in the Secretariat of the CAA.

2. The management and use of motor vehicles of CAA-affiliated agencies must ensure the conformity to standards, norms, uses, and rules under the Law on Management and Use of Public Property and other relevant legislative documents; ensure the efficiency, transparency; ensure thrift practices, anti-waste, and anti-corruption.

3. Motor vehicles of CAA-affiliated agencies shall be used for the sole purpose of serving business affairs and tasks of the CAA; motor vehicles serving business affairs and special-use motor vehicles shall not be used for private purposes; they shall not be sold, exchanged, donated, lent, pledged, mortgaged or transferred to any organization or individual without permission of competent regulatory agencies in accordance with law.

4. Anyone who manages or uses motor vehicles of CAA-affiliated agencies against the law shall, depending on the nature and seriousness of the violation, have to pay compensation and face disciplinary actions.

5. The Chief of the CAA secretariat and heads of units shall be responsible to the Director General of the CAA for management and use of motor vehicles of CAA-affiliated agencies in conformity with their purposes, standards, norms and assurance about the safety, thrift and efficiency in accordance with regulations of law.  

6. The management and use of motor vehicles of CAA-affiliated agencies shall comply with the Regulations on management and use of public property of CAA-affiliated agencies.

Chapter II

MANAGEMENT AND USE OF MOTOR VEHICLES

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The preparation and use of motor vehicles in CAA-affiliated agencies shall comply with regulations on standards, norms and rules of management and use of motor vehicles serving business affairs and special-use motor vehicles in regulatory agencies prescribed in Decree No. 04/2019/ND-CP and Decision No. 174/QD-BGTVT.

1. Standards of use of motor vehicles serving business affairs

a) Leader of the CAA and equivalent titles who have allowance coefficients for the leadership positions of from 0,7 to under 1,25 are entitled to use motor vehicles serving business affairs upon going on business travels.

b) Associations go on domestic and international business travels by airplanes with the participation of the Leader of the CAA and titles who have equivalent allowance coefficients.

c) For associations going on long-term business travels, motor vehicles are only provided when participants include the Leader of the CAA and titles who have equivalent allowance coefficients and for commuting participants. 

2. If motor vehicles are required to satisfy requirements of business travels of entities who are not prescribed in Clause 1 of this Article, the Director General shall consider deciding or authorizing the Chief of the Office to decide preparation of motor vehicles serving general affairs for the following cases to take the initiative in performing tasks of units:

a) Officials going on business travels at the State Bank and State Treasury for handling financial affairs.

b) Visits to officials and employees who are on business at the CAA and parents, spouses, children of officials and employees who have died while they are working at the CAA.

c) Domestic visitors of the CAA, and international visitors approved by the Leader of the CAA.

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3. Standards of use of special-use motor vehicles

Officials of CAA-affiliated agencies are entitled to use special-use motor vehicles for performance of professional tasks relating to supervision of security and safety; search and rescue; investigation into aviation incidents and accidents and aviation inspection in accordance with standards and norms of use of special-use motor vehicles of some units affiliated to the CAA prescribed in Decision No. 174/QD-BGTVT dated January 22, 2021 of the Minister of Transport.

Article 5. Conditions for operation of motor vehicles

1. Motor vehicles of CAA-affiliated agencies must be checked for technical conditions, safety systems and cleaned before each business travel.

2. Each motor vehicle is required to be accompanied by its profile before being used. Vehicle profile consists of a motor vehicle logbook and annual and periodic vehicle inspection reports. Each motor vehicle assigned to each driver is required to be accompanied by a vehicle assignment note, and the driver is responsible for preserving the vehicle and using it on missions of agencies under orders of the CAA Secretariat.

3. Each motor vehicle serving business affairs is required to be accompanied by adequate valid documents for operation of the vehicle including:

a) Vehicle use plan which is made using the Form enclosed with the Regulations;

b) Driver’s license consistent with the vehicle of the vehicle operator;

c) Valid vehicle inspection stamp, periodical inspection certificate of motor vehicle;

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Article 6. Preparation of dossiers on motor vehicle management

The CAA Secretariat assigned to manage and use  a motor vehicle shall store a dossier pertaining to the receipt and changes of the motor vehicle as follows: 

1. Decisions and documents of competent authorities pertaining to procurement, retrieval, transfer, liquidation, sale, establishment of state ownership and handling of the motor vehicle serving projects;

2. Contract, VAT invoice in respect of the motor vehicle; vehicle assignment note; motor vehicle registration certificate;

3. Other relevant documents.

Article 7. Liquidation of motor vehicles

1. A motor vehicle shall be liquidated if one of the following requirements is satisfied:

a) It has been overused in accordance with regulations of law providing regulations on management, decrease in utility or value and depreciation of assets;

b) It has been driven for more than 250.000 kilometers;

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2.  The authority to decide liquidation of motor vehicles of CAA-affiliated agencies shall be decided by the Director General of the CAA. The liquidation shall be applicable to which motor vehicles have residual values under accounts less than VND 01 billion per an asset unit (according to Decision No. 1281/QD-BGTVT dated June 19, 2018).

3. The Minister of Transport shall decide the liquidation of motor vehicles of CAA-affiliated agencies, except for the cases prescribed in Clause 2 of this Article.

4. Procedures and organization of liquidation of motor vehicles shall comply with regulations of the Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017, Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government and relevant legislative documents.

Article 8. Fixed funding for use of motor vehicles

1. Officials who are qualified for use of motor vehicles prescribed in Article 4 of this Regulation shall be provided with fixed funds for use of motor vehicles upon going on business travels in case the current number of motor vehicles is insufficient for business affairs according to the actual travel distance.

2. Amounts of fixed funding for use of motor vehicles shall be determined on the basis of the mileage of each business travel and fixed unit prices. Fixed unit prices must be in accordance with applicable freight service unit prices of respective means of transportation.

3. The CAA Secretariat shall determine the mileage of each business travel of each position holder, pay fixed funds and business trip expenses. Fixed funding is included in assigned annual state budget estimates of the CAA.

4. The fixed funding for use of motor vehicles shall comply with regulations in Article 22 of Decree No. 04/2019/ND-CP and relevant legislative documents of the Ministry of Finance, Article 8 of this Regulation and Internal Expenditure Regulations of the CAA.

Article 9. Vehicle rental

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a) Fixed funding prescribed in Article 8 of this Regulation is not applied.

b) Motor vehicles are used in short terms or irregularly.

c) Vehicle rental is more efficient than investment in procurement thereof.

2. Methods for vehicle rental and selection of motor vehicle rental service providers shall comply with regulations of law and applicable Internal Expenditure Regulations of the CAA.

Article 10. Fuel consumption norms of motor vehicles

1. Fuel consumption norms applicable to motor vehicles of the CAA are as follows:

a) Motor vehicles with cylinder capacity of 1.6L: 14 litres of gasoline per 100 kilometers;

b) Motor vehicles with cylinder capacity of 1.8L, 2.0L, 2.4L: 16 litres of gasoline per 100 kilometers;

c) Motor vehicles with cylinder capacity of 3.0L: 18 litres of gasoline per 100 kilometers;

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dd) Motor vehicles with cylinder capacity of 4.5L: 27 litres of gasoline per 100 kilometers;

e) Motor vehicles (7 seats) with cylinder capacity of 2.7L: 20 litres of gasoline per 100 kilometers;

e) Motor vehicles (16 seats) with cylinder capacity of 2.4L: 18 litres of diesel per 100 kilometers;

2. Fuel consumption norms are grounds for management and provision of fuels for motor vehicles. On the basis of the amounts of consumable fuels, technical conditions of motor vehicles and the increase and decrease in the number of motor vehicles, the Chief of CAA secretariat shall report to the Director General consideration and decision on appropriate adjustment to fuel consumption norms of motor vehicles.

Article 11. Motor vehicle maintenance and repair

1. Motor vehicles must be maintained and repaired regularly and periodically in accordance with regulations in Circular No. 53/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transport regulating technical maintenance and repair of road vehicles. Before carrying out maintenance and repair of a motor vehicle, its technical conditions must be assessed; results of maintenance and repair must be recorded on the logbook of maintenance and repair of such motor vehicle with an acknowledgement of the unit or organization carrying out the maintenance and repair of such motor vehicle.

2. If a motor vehicle is malfunctioned unpredictably on the way of business travel and the driver cannot repair it so the motor vehicle must be transported to a vehicle repair facility to be repaired and/or replaced with other parts, the driver shall report by phone to an Vehicle Crew leader and the Chief of the CAA secretariat or a Deputy Chief of the CAA secretariat in charge for receiving advices and directions as well as solutions in order to promptly deal with assigned affairs. 

Chapter III

PROCEDURES FOR REGISTRATION OF USE AND ARRANGEMENT OF MOTOR VEHICLES

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1. Each unit wishing to use a motor vehicle shall fully complete information stated in the Plan for registration of use of the motor vehicle (using the Form enclosed with this Regulation), including: full name of user, name of association leader, registering unit, phone number, period of use, uses, location of arrival, departure time and location of departure. As for uses of the motor vehicle mentioned in the vehicle use plan, contents and purposes for the business travel shall be specified according to the Official Dispatches which have been approved by the Leader of the CAA (Official Dispatch approved by the leader of the CAA on the business travel enclosed with the Vehicle use plan). The Plan shall be sent to the Chief of the CAA secretariat or the Deputy Chief of the CAA secretariat in charge for signing before being transferred to the Vehicle Crew for arrangement of the motor vehicle.

The Vehicle use plan of the unit which has been signed and approved must be transferred to the Vehicle Crew (sent by email: doixe@caa.gov.vn or sent directly to the Vehicle Crew) for at least 6 hours before the point of time at which the motor vehicle is used in a working day to draw up and arrange specific business schedule for the driver and the vehicle.

2. In case there are unplanned and emergency tasks directed by the Leader of the CAA to be performed during or outside office hours, weekends, days off, holidays, the user of a motor vehicle shall request the Chief of the CAA secretariat or Deputy Chief of the CAA secretariat in charge to arrange the motor vehicle and make a Vehicle use plan (approved Official Dispatch of the Leader of the CAA on business travel enclosed with the Vehicle use plan) as prescribed and submit it to the Chief of the CAA secretariat or Deputy Chief of the CAA secretariat in charge for signing for approval immediately after the end of the vehicle use period. Depending on the actual situation, the CAA Secretariat shall notify the unit wishing to use the motor vehicle of the vehicle arrangement plan (or an alternative plan in case it is impossible to arrange a motor vehicle).

Article 13. Arrangement and use of motor vehicles

1 . On the basis of standards and norms of motor vehicles of the CAA, the CAA Secretariat shall organize the management and use of motor vehicles to ensure the efficiency according to regulations.

2. The Chief of the CAA Secretariat and Deputy Chief of the CAA Secretariat shall sign and approve vehicle use plans only if officials of the CAA-affiliated agencies are qualified to use motor vehicles as prescribed in Article 4 of this Regulation. The Vehicle Crew (the CAA Secretariat) shall be responsible for planning the arrangement of motor vehicles, assigning drivers to commute individuals qualified to use motor vehicles with the right functions and purposes according to the approved vehicle use plans to ensure safety, efficiency. The vehicle registration schedule of units after the Vehicle Crew (the CAA Secretariat) arranges will be notified to units registering to use motor vehicles.

3. Officials of the CAA-affiliated agencies using motor vehicles on their business travels must comply with the approved vehicle use plans.

4. In case due to business needs, the current number of motor vehicles is insufficient to serve, the CAA Secretariat will notify units wishing to use motor vehicles to cooperate and select suitable forms and alternative means (renting and contracting motor vehicles according to regulations).         

5. When there are many units registering to use vehicles to the same location, performing the same business tasks, the CAA Secretariat shall arrange shared motor vehicles to ensure sufficient vehicles and save costs.

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7. The time to commuting officials to the airport for domestic and international business trips is from 07:00 to before 19:00 daily, except for the cases specified in Clause 1, Article 4 of this Regulation. Outside the above time, officials shall be self-sufficient in means and shall be paid according to the provisions of the Internal Expenditure Regulations of the CAA.

Chapter IV

RESPONSIBILITIES OF UNITS AND INDIVIDUALS USING MOTOR VEHICLES

Article 14. Responsibilities of the CAA Secretariat

1. The CAA Secrettariat shall be responsible for management and use of motor vehicles according to regulations.

a) Take charge of formulating, amending the Regulation on management and use of motor vehicles of the CAA-affiliated agencies and submit it to the Director General for promulgation to ensure the management and use of motor vehicles in accordance with standards and norms specified in Decree No. 04/2019/ND-CP dated January 11, 2019 and the law on management and use of state property.

b) Organize the management and use of motor vehicles of the CAA-affiliated agencies in accordance with purposes, standards and norms to ensure efficiency as prescribed by law.

c) Disclose the management and use of motor vehicles in accordance with the law on management and use of state property.

d) Organize the preservation, maintenance of motor vehicles in safe technical conditions and in compliance with legislative regulations when participating in traffic.

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2. Responsibilities of the Chief of the CAA Secretariat

The Chief of the CAA Secretariat is the head comprehensively directing all tasks within the functions and powers of the CAA Secretariat, thereby being responsible for organizing the management and use of motor vehicles of the CAA-affiliated agencies in accordance with standards and norms, ensuring efficiency in accordance with the provisions of law; taking personal responsibility to the Director and Deputy Director in charge for the management and use of motor vehicles according to regulations.

3. Responsibilities of the Deputy Chief of the CAA Secretariat in charge

The Deputy Chief of the CAA Secretariat is assigned to assist the Chief of the CAA Secretariat in organizing and implementing the management and use of motor vehicles of the CAA-affiliated agencies according to standards and norms to ensure efficiency in accordance with regulations of law; organize the preservation and maintenance of motor vehicles in safe technical conditions and in compliance with legislative regulations when participating in traffic; arrange vehicles in accordance with the route and number of business travelers according to the required time in the  vehicle use plans; ensure the safety of people and vehicles in accordance with the law on road traffic; take charge of formulating, amending the Regulation on management and use of motor vehicles of the CAA-affiliated agencies to ensure the management and use of motor vehicles in accordance with the standards and norms as prescribed, report the Chief of the CAA Secretariat for submitting it to the Leader of the CAA for approval; take responsibility to the Chief of CAA Secretariat for the management and use of motor vehicles according to regulations.        

4. Responsibilities of Vehicle Crew Leaders

a) Maintain motor vehicles in safe conditions; administer the operations of Vehicle Crews; perform tasks according to the approved vehicle use plans or perform tasks at the request of the leader of the CAA to ensure the safety and efficiency of management and use of motor vehicles.

b) Receive the vehicle use plans signed and approved by the Leader of the CAA Secretariat; assign drivers to perform tasks and write their names on the working boards of Vehicle Crews; implement Vehicle Use Plans according to the provisions of this Regulation.

c) Daily record the operation of motor vehicles; weekly reports the operation of motor vehicles to the Chief of the CAA Secretariat, Deputy Chief of the CAA Secretariat in charge.

d) Regularly remind drivers to check technical conditions of vehicles; to report any damage to Vehicle Crew Leaders to be reported to the Chief of the CAA Secretariat and Deputy Chief of the CAA Secretariat in charge for timely handling.

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e) Prepare and manage business travel logbooks; technical conditions of vehicles to serve the management and cost of using such vehicles; proactively plan proposals for periodic maintenance and repair of vehicles to submit them to the Leader of the CAA Secretariat for approval for implementation.

5. Drivers' responsibilities when managing and operating vehicles

a) Manage assets that are motor vehicles and other vehicle-related documents such as vehicle registration certificates, insurance certificates, marketing authorization licenses, etc., be responsible for handling procedures such as insurance, priority documents (if any).

b) Keep vehicles clean, manage and use vehicles in accordance with the procedures; daily check technical conditions of vehicles to ensure absolute safety for people and property when participating in traffic.

c) Drive motor vehicles in the manner that comply with rules and regulations on management and use of motor vehicles of agencies as well as the law on management of road vehicles; perform duties in the spirit of attentive, civilized and polite service; do not use alcohol, beer and other stimulants when performing tasks.

d) Commute officials on business travels on time and according to routes stated in vehicle use plans approved by the Chief of the CAA Secretariat or Deputy Chief of the CAA Secretariat; fill in all information about routes, time of business trips, mileage recorded on route sheets so that representatives of associations of business travelers using motor vehicles can sign right after the end of business travels to have a basis for monthly payment of petrol and oil costs according to regulations; take motor vehicles to parking places according to regulations right after the end of such business travels.

e) For the vehicle maintenance and repair, drivers shall:

Fully record information on technical conditions and malfunctions in the vehicle operation logbooks; proactively report the change of engine lubricant and periodic maintenance of motor vehicles to Vehicle Crew Leaders.

Immediately report any damage to Vehicle Crew Leaders; cooperate with technicians to closely supervise the process of vehicle maintenance and repair according to business contents approved by the Leader of the CAA Secretariat; monitor the operation of motor vehicles after maintenance and repair to promptly report abnormal phenomena and failures arising to Vehicle Crew Leaders.

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1. Make Plans for registration of use of motor vehicles and submit them to the Chief of the CAA Secretariat or Deputy Chief of the CAA Secretariat in charge for signing and approval before transferring them to Vehicle Crews for vehicle arrangement as prescribed in Article 12 of this Regulation.   

2. Use vehicles for the right purposes, on time, at the right places of departure according to regulations and the registered routes approved by the Chief of the CAA Secretariat or Deputy Chief of the the CAA Secretariat in charge.

3. Be responsible for participating in property protection, enable drivers to complete tasks.

4. Immediately after ending business travels, officials using motor vehicles must sign for certifying their routes on vehicle dispatch orders as the basis for drivers to pay all relevant costs (such as costs of gasoline, oil and tolls, etc.).

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 16. Implementation provisions

Officials and employees of CAA-affiliated agencies shall be responsible for implementing this Regulation. Organizations and individuals committing violations against this Regulation shall, based on the nature and seriousness of the damage caused by such violations, compensate for the damage and face penalties as prescribed by law.

Article 17. Implementation responsibilities

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2. In case the legislative documents referred to this Decision are amended or replaced, the newest document shall be applied.

3. Difficulties that arise during the period of implementation of this Circular should be reported promptly to the CAA Secretariat for consideration./.

Appendix 1

Civil Aviation Authority of Vietnam
UNIT:……………..
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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……Location…..,……(date)……..

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To: The CAA Secretariat

Pursuant to Official Dispatch No. ……. dated …, which has been approved by the Leader of the CAA on ………., we request the Leader of the CAA Secretariat to arrange ........(number of motor vehicles)..... …(number of seats)…seater motor vehicles as follows:

No.

Full name of user

Date and time of use

Route
(location of departure - location of arrival)

Purposes
(enclosed with Decision or Statement approved by the Leader of the CAA)

Pick-up point

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THE LEADER OF THE CAA SECRETARIAT

Head of the unit using motor vehicle

Planner

Notes:

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The vehicle use plans of units must be transferred to Vehicle Crews (via the CAA Secretariat) for at least 6 hours before points of time at which such motor vehicles are used in a working day to draw up and arrange specific business schedule for drivers and vehicles.

Appendix 2

THE CAA SECRETARIAT
VEHICLE CREW
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No.     VP-TX

VEHICLE DISPATCH ORDER

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- Pursuant to the Vehicle Use Plan  No…...

- Name, address and position of the user:

………………………………………………………

- Vehicle registration certificate:...............................

- Full name of the driver:……………………………………………………

- Itinerary: ……………………………….

- Business tasks:………………………..

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- Pick-up point

- Scheduled distance:

From …….. (date)……………..……

To ……(date)…………..

Day    month      year
Vehicle crew leader

(kept by the Vehicle crew)

THE CAA SECRETARIAT
VEHICLE CREW
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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VEHICLE DISPATCH ORDER

- Pursuant to the Vehicle use plan No. ……… dated……….

- Full name and position of the user:

……………………………………………………………………

- The Vehicle crew arranges the motor vehicle with the vehicle registration plate:

- Full name of the driver:……………………………………………………

- Itinerary: ……………………………….

……………………………………………………………………

-Business tasks:………………………..

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- Scheduled distance:…………………….

From …….. (date)……………..……

To ……(date)…………..

Departure mileage:…………

Arrival mileage:…………

Total distance:…………

Vehicle crew

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Day    month     year
Acknowledgement of the user

(kept by the driver)

Quyết định 1347/QĐ-CHK năm 2022 về Quy chế quản lý, sử dụng xe ô tô của khối cơ quan Cục Hàng không Việt Nam