Circular No. 03/2023/TT-BGTVT detailing the ordering of provision of public service information for coastal areas funded by state budget from regular expenditure.

CIRCULAR

Detailed regulations on ordering the provision of public service information for maritime use funded by state budget from regular expenditure

Detailed regulations on ordering the provision of public service information for maritime use funded by state budget from regular expenditure

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Pursuant to the State Budget Law For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.water day 25 the 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

On the basis of Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing some provisions of the State Budget Law;

1. Amending Clause 2 Article 2 as follows:

Pursuant to Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety services; Decree No. 147/2018/NĐ-CP dated October 24, 2018 of the Government amending and supplementing certain articles of decrees stipulating business conditions in the maritime sector; Decree No. 69/2022/NĐ-CP dated September 23, 2022 of the Government amending and supplementing certain articles of decrees related to business activities in the maritime sector;

Pursuant to Decree No. 43/2018/NĐ-CP dated November 1, 2018 of the Government on management, use, and exploitation of maritime infrastructure assets;2 the 3 Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Transport

On the basis of Government Decree No. Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and public services using state budget from regular expenditure Pursuant to Decision No. 19/2013/QĐ-TTg dated April 2, 2013 of the Prime Minister promulgating the Regulation on the provision, management, and exploitation of data from Cospas-Sarsat beacons and reception, processing, and transmission of Cospas-Sarsat distress alert information;;

WHEREAS,ứ Pursuant to Decision No. 62/2014/QĐ-TTg dated November 6, 2014 of the Prime Minister promulgating the regulation on management, exploitation, and use of long-range identification and tracking information of vessels;;

At the proposal of the Director of the Department of Finance and the Director of the Vietnam Maritime Administration,

hereby issues detailed regulations on ordering the provision of public service information for maritime use funded by state budget from regular expenditure.

This Circular stipulates detailed regulations on ordering the provision of public service information for maritime use funded by state budget from regular expenditure.

The Minister of Transport hereby issues this Circular. q2. Vietnam Maritime Electronic Information Joint Stock Company Limited (Vietnam Maritime Electronic Information Joint Stock Company Limited).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

3. Organizations, individuals, and state agencies related to maritime information activities.

Article 2. Applicability

This Circular applies to:

1. Vietnam Maritime Administration.

Abbreviations used in this Circular:

1. Inmarsat: International Maritime Satellite System.

Article 3. Explanation of Terms

2. Cospas-Sarsat: Cospas-Sarsat Search and Rescue Satellite Aided Tracking System (Cosmicheskaya Sistyema Poiska Avariynich Suduv - Search And Rescue Satellite Aided Tracking).

3. DSC: Digital Selective Calling.

4. RTP: Radio Telephony.

5. MSI: Maritime Safety Information.

6. Navtex: Narrowband Direct Printing Telegraphy used for transmitting navigational warnings, meteorological forecasts, and urgent information.

7. EGC: Enhanced Group Call.

8. LRIT: Long Range Identification and Tracking.

7. EGC: Enhanced Group Call method.

8. LRIT: Long Range Identification and Tracking system.

Article 4. The Vietnamese Coastal Information System

The Vietnamese Coastal Information System includes:

1. Coastal Information Stations.

2. The Inmarsat Ground Earth Station (HAIPHONG LES) in Haiphong.

3. The Cospas-Sarsat Ground Earth Station (VNLUT/MCC) in Vietnam.

4. The Long Range Identification and Tracking (LRIT) Station.

5. The Marine Information Processing Center Station in Hanoi.

Article 5. Public Service Activities of Coastal Information

1. Public service activities of coastal information belong to the list of public service activities funded from state budget (from regular expenditure funds) as stipulated at Point b Clause 2 Article 5 of Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure sources.

2. Public service activities of coastal information shall be carried out in accordance with this Circular, including:

a) Providing DSC distress monitoring, RTP distress monitoring, MSI Navtex broadcasts, and MSI RTP broadcasts through the operation, management, exploitation, and maintenance of Coastal Information Stations;

b) Providing Inmarsat distress monitoring and MSI EGC broadcasts through the operation, management, exploitation, and maintenance of the Inmarsat Ground Earth Station (HAIPHONG LES) in Haiphong;

c) Providing Cospas-Sarsat distress monitoring through the operation, management, exploitation, and maintenance of the Cospas-Sarsat Ground Earth Station (VNLUT/MCC) in Vietnam;

d) Providing LRIT information through the operation, management, exploitation, and maintenance of the Long Range Identification and Tracking (LRIT) Station;

đ) Providing maritime industry information connection through the operation, management, exploitation, and maintenance of the Marine Information Processing Center Station in Hanoi;

e) Urgent coastal information tasks (based on assigned tasks by competent authorities).

3. Quantity and Quality of Public Service Activities of Coastal Information

a) Quantity of public service activities of coastal information

- The unit of quantity of service is the number of hours provided by the Vietnamese Coastal Information System.

- The quantity of service is the total number of hours provided by the Vietnamese Coastal Information System in a year.

b) Quality of public service activities of coastal information as prescribed in Circular No. 05/2019/TT-BGTVT dated January 29, 2019 of the Minister of Transport on criteria for supervising and accepting public welfare services of coastal information.

4. Implementation Time and Completion Time of Service Provision

From 00:00 on January 1 to 24:00 on December 31 of the implementation year.

Article 6. Method of Providing Public Service Activities of Coastal Information

1. Public service activities of coastal information as stipulated in Article 5 of this Circular shall be implemented according to the method of placing orders as prescribed in Article 6 of Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure sources.

2. The Vietnam Maritime Administration is the agency placing orders for the provision of public service activities of coastal information.

3. Vietnam Marine Electronics Joint Stock Company Limited is the entity providing public service activities of coastal information.

Chapter II

IMPLEMENTATION OF ORDERING THE PROVISION

OF PUBLIC SERVICE ACTIVITIES OF COASTAL INFORMATION

Article 7. Sources of funds and contents of expenditures for providing coastal public service

1. Sources of funds: To be allocated from the State budget annually.

2. Contents of expenditures: Implementing orders to provide coastal public service as stipulated in Article 5 of this Circular.

Article 8. Preparation, allocation, and assignment of state budget expenditure estimates for ordering provision of coastal public service

1. Preparing budgets

a) Based on the volume of public services as stipulated in Article 5 of this Circular, the price of coastal public service in the most recent year, and anticipated changes in input cost factors, Vietnam Marine Electronics Joint Stock Company Limited shall prepare the funding requirements for providing coastal public service for the following year and submit them to the Vietnam Maritime Administration before May 30 each year.

b) On the basis of the proposal made by Vietnam Marine Electronics Joint Stock Company Limited as stated in point a, Clause 1 of this Article, the Vietnam Maritime Administration shall prepare the state budget expenditure estimate for providing coastal public service for the following year and submit it to the Ministry of Transport before July 1 each year. The Ministry of Transport shall consolidate this estimate within its state budget expenditure estimate and submit it to the Ministry of Finance according to the provisions of the State Budget Law.

2. Allocation and assignment of estimates

Before December 31 each year, the Ministry of Transport shall implement the allocation and assignment of the state budget expenditure estimate for the following year to the Vietnam Maritime Administration for ordering provision of coastal public service.

Article 9. Ordering contracts for providing coastal public service

1. Based on the state budget expenditure estimate assigned by the Ministry of Transport, the approved unit price of coastal public service in the most recent year, no later than December 31 of the previous year, the Vietnam Maritime Administration shall sign an ordering contract for providing coastal public service with Vietnam Marine Electronics Joint Stock Company Limited.

After the price of coastal public service for the implementation year has been approved, the Vietnam Maritime Administration shall sign an amendment appendix to the ordering contract for providing coastal public service with Vietnam Marine Electronics Joint Stock Company Limited.

2. The ordering contract for providing coastal public service using state budget funds shall be implemented according to Model No. 03 issued together with Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering, or tendering for the supply of products and services using state budget funds from regular expenditure.

Article 10. Acceptance of coastal public service

1. The acceptance content for providing coastal public service based on the ordering contract includes: Volume and quality of providing coastal public service as stipulated in Clause 3, Article 5 of this Circular.

2. Coastal public service shall be accepted quarterly and annually. The Vietnam Maritime Administration and Vietnam Marine Electronics Joint Stock Company Limited shall be responsible for organizing the acceptance of completed coastal public service as the basis for payment and settlement of ordering costs.

3. The acceptance record of coastal public service shall be carried out according to Model No. 04 issued together with Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering, or tendering for the supply of products and services using state budget funds from regular expenditure.

Article 11. Advance payment and settlement of funds for ordering provision of public service information maritime affairs

1. On the basis of the state budget expenditure estimate assigned by the Ministry of Transport to order the provision of public service information maritime affairs; the public service procurement contract for information maritime affairs signed between the Vietnam Maritime Administration and Vietnam Marine Electronics Information Joint Stock Company Limited; unit price, procurement price; acceptance certificate, the Vietnam Maritime Administration shall make advance payments and settle accounts with Vietnam Marine Electronics Information Joint Stock Company Limited according to current regulations.

2. Advance payment and settlement of funds for ordering public service information maritime affairs

a) The level of advance payment for Vietnam Marine Electronics Information Joint Stock Company Limited shall be carried out in accordance with the provisions of the contract but not exceeding 50% of the value of the procurement contract already signed and not exceeding the annual state budget estimate assigned.

b) Quarterly, the Vietnam Maritime Administration shall settle the value of completed public service information maritime affairs for Vietnam Marine Electronics Information Joint Stock Company Limited and recover the advance payment.

The advance payment will be recovered through multiple settlements of completed contract volumes, the recovery amount for each settlement shall be agreed upon by the procuring agency and the service provider, specified in the contract and ensure full recovery when the disbursement value reaches 80% of the contract value.

3. The advance payment and settlement of funds from the state budget for providing public service information maritime affairs shall be implemented in accordance with the provisions of Government Decree No. 11/2020/NĐ-CP dated January 20, 2020 on administrative procedures under the State Treasury and Circular No. 62/2020/TT-BTC dated June 22, 2020 of the Minister of Finance guiding the control and settlement of regular expenditures from the state budget through the State Treasury, specifically as follows:

a) The advance payment dossier includes:

- Decision on allocating state budget expenditure estimate of the Ministry of Transport to the Vietnam Maritime Administration;

- Public service procurement contract between the Vietnam Maritime Administration and Vietnam Marine Electronics Information Joint Stock Company Limited;

- Request for advance payment (if any);

- Withdrawal of state budget estimate (advance payment) of the Vietnam Maritime Administration, clearly stating the content for the State Treasury to have grounds for supervision and tracking during settlement.

b) The settlement dossier includes:

- Decision on allocating state budget expenditure estimate of the Ministry of Transport to the Vietnam Maritime Administration;

- Public service procurement contract between the Vietnam Maritime Administration and Vietnam Marine Electronics Information Joint Stock Company Limited;

- Acceptance certificate of public service;

- Table determining the value of completed work volume according to the Contract for settlement request;

- Request for settlement (if any);

- Withdrawal of state budget estimate of the Vietnam Maritime Administration, clearly stating the content for the State Treasury to have grounds for supervision and tracking during settlement.

Article 12. Finalization of funding sources for ordering provision of public service information maritime affairs

1. At the end of the fiscal year, Vietnam Marine Electronics Information Joint Stock Company Limited shall prepare a finalization report on contract procurement funds for public service information maritime affairs and submit it to the Vietnam Maritime Administration before March 31 of the following year.

2. The Vietnam Maritime Administration shall finalize the contract procurement funds for public service information maritime affairs in accordance with Clause 2, Article 25 of Government Decree No. 32/2019/NĐ-CP dated April 10, 2019 on assigning tasks, ordering or tendering for the provision of products and services using state budget funds from regular expenditure.

3. The Vietnam Maritime Administration shall prepare a finalization report on funding sources and submit it to the Ministry of Transport in accordance with the State Budget Law before May 30 of the following year.

4. Organizations and individuals related thereto shall bear legal responsibility for the accuracy and honesty of the data in the finalization report and shall be responsible for compensation when finalizing public service information maritime affairs provided in violation of laws on management, settlement, and finalization of state budget.

Chapter III

IMPLEMENTATION

Article 13. Implementation Provisions

1. This Circular takes effect from May 15, 2023.

2. This Circular replaces Circular No. 51/2015/TTLT-BGTVT-BTC dated September 24, 2015 of the Minister of Transport and the Minister of Finance guiding the management and use of public economic maritime affairs funds to order public utility information maritime affairs services.

3. During implementation, in case the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

Article 14. Implementation Organization

The Director of the Office, the Inspector General, the Heads of Departments, the Heads of Bureaus, the Heads of agencies, organizations, and individuals related thereto are responsible for implementing this Circular./.