Circular No. 06/2021/TT-BNNPTNT on the construction and issuance of economic and technical norms for products and public services managed by the Ministry of Agriculture and Rural Development

CIRCULAR

Regulations on the establishment and issuance of economic and technical norms for products and public services managed by the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, placing orders, or tendering for the provision of products and public services funded from the regular budget;

Pursuant to Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government stipulating the self-management mechanism of public service units;

Pursuant to Decree No. 141/2016/NĐ-CP dated October 10, 2016 of the Government stipulating the self-management mechanism of public service units in the field of economic affairs and other public services;

At the proposal of the Director of the Legal Department and the Director of the Finance Department;

The Minister of Agriculture and Rural Development issues this Circular stipulating the establishment and issuance of economic and technical norms for products and public services managed by the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the establishment and issuance of economic and technical norms for products and public services managed by the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to organizations and individuals related to the establishment and issuance of economic and technical norms for products and public services managed by the Ministry of Agriculture and Rural Development.

Article 3. Explanation of Terms

In this Circular, certain terms are understood as follows:

1. Economic and technical norms regarding products and public services managed by the Ministry of Agriculture and Rural Development (hereinafter referred to as economic and technical norms) are the necessary consumption levels of labor, materials, machinery, and equipment required to complete a product or public service under specific conditions (or a certain amount of work) meeting the criteria, standards, and quality set forth by the competent authority.

2. The process of implementing products and public services managed by the Ministry of Agriculture and Rural Development is the sequence and method of executing a product or public service.

Article 4. Objectives of establishing and issuing economic and technical norms

1. To serve as a basis for determining the price of products and public services managed by the Ministry of Agriculture and Rural Development, thereby enhancing effectiveness, thrift, and efficiency.

2. To serve as a basis for planning, economic management, financial management, and quality control in economic affairs and other public services managed by the Ministry of Agriculture and Rural Development.

3. To promote socialization in economic affairs and other public services within the agricultural sector, creating a fair operating environment for organizations and individuals.

Article 5. Principles of establishing economic and technical norms

1. Ensuring accuracy, comprehensiveness, suitability, and effectiveness in completing the implementation of a product or public service that meets the criteria, standards, and quality as prescribed.

2. Economic and technical norms are established based on the implementation process of products and public services and the legal provisions on working hours for workers, relevant norms, and costs applied to detailed activities specified in the implementation process of products and public services.

3. Economic and technical norms are established separately for each product or service or for groups of similar products or services in terms of implementation procedures, nature, means, and sequence of execution of works of public services.

4. Meeting general requirements for the structure of various economic and technical norms, ensuring average advanced levels, stability, and consistency.

Article 6. Basis for establishing economic and technical norms

1. Technical standards, technical processes, technological processes, technical parameters, basic requirements, implementation capacity, organizational level, technological infrastructure.

2. Current laws and regulations on working conditions for workers.

3. Actual operational conditions of units concerning human resources, material facilities, equipment, financial resources, land.

4. Annual statistical data and related documents.

5. Standards for economic and technical norms, specialized procedures for determining economic and technical norms, and regulations already issued to determine consumption levels for individual or group tasks.

Article 7. Methods for Establishing Economic and Technical Norms

The main unit responsible for establishing economic and technical norms selects one or more of the following methods:

1. Statistical and comprehensive method

Based on annual statistical data or reports (statistical data must ensure reliability and legality over three consecutive years prior to the establishment of economic and technical norms) and relying on practical experience or comparative parameters to establish economic and technical norms.

2. Comparative method

Based on the norms of equivalent tasks or products implemented in practice to establish economic and technical norms.

3. Standard method

Based on national standards and regulations regarding working hours, rest periods, machine and equipment consumption rates to establish labor norms and machine and equipment norms for individual or group tasks.

4. Experimental analysis method

Based on the results of surveys and experiments conducted according to each procedure and work content to analyze and calculate each component of the norm (selecting tasks that cannot be determined through the above three methods or can be determined but not accurately enough, requiring practical verification).

Article 8. Components of Economic and Technical Standards

The components of economic and technical standards include:

1. Labor Standard

Labor standard = Direct labor standard + Indirect labor standard, wherein:

a) Direct labor standard is the labor cost (converted to working days) required to complete one unit of product or public service.

b) Indirect labor standard is the labor standard for management, specialized, professional, administrative, and service activities.

2. Material standard

The content of construction material standards includes:

a) Determining the list and types of materials necessary to complete each work item that produces one unit of product or public service.

b) Determining the quantity/volume of each type of material based on the type of equipment and operating time under load (material consumption).

c) Determining the recovery rate (%) of materials based on their characteristics and properties to calculate the recovery rate (%).

d) Determining the basic technical requirements for materials, describing the technical specifications of each type of material suitable for implementing one product or public service.

3. Machinery and Equipment Standard

The machinery and equipment standard is the time required for each type of machinery and equipment to complete the implementation of one product or public service meeting the criteria and standards issued by competent authorities, including:

a) Determining the list and types of machinery and equipment.

b) Determining the basic technical specifications of machinery and equipment.

c) Determining the usage time for each type of machinery and equipment: operating time under load (material, electricity, fuel consumption during use); operating time without load (no material consumption).

4. Other Standards (if applicable).

Chapter II

PROCEDURE FOR DEVELOPMENT AND ISSUANCE

ECONOMIC AND TECHNICAL STANDARDS

Article 9. Procedure for Developing Economic and Technical Standards

The head of the unit, based on the assigned functions and tasks, is responsible for organizing the development of economic and technical standards for each product and public service, including the following steps:

1. Establishing a Drafting Team (if necessary).

2. Preparing a draft Memorandum; a draft Decision to issue economic and technical standards (according to the model attached to this Circular); organizing meetings, discussions, surveys (if necessary) to develop economic and technical standards.

3. Soliciting opinions from the Department of Science, Technology, and Environment, the Department of Finance, and related organizations and individuals regarding the draft Decision to issue economic and technical standards; compiling, adopting, and explaining comments and suggestions.

4. Reviewing economic and technical standards according to Article 10 of this Circular; adopting and explaining review comments.

5. Seeking opinions from the Deputy Minister in charge.

6. Finalizing the dossier according to Article 11 of this Circular to submit to the Minister for consideration and issuance of economic and technical standards.

Article 10. Review of Economic and Technical Standards

1. The head of the unit responsible for developing economic and technical standards establishes a Review Board consisting of seven to nine members: one Chairman (representing the Unit's leadership), one Vice-Chairman (if necessary), and Board members (representing the Department of Science, Technology, and Environment, the Department of Finance, and related units).

2. The dossier submitted to the Review Board must be sent to Board members at least three working days before the Board meeting, including: draft Memorandum; draft Decision to issue economic and technical standards; summary table of adopted explanations of comments and suggestions from related organizations and individuals; other documents (if any).

3. The Review Board advises the head of the unit responsible for developing economic and technical standards to perfect the draft Decision to issue economic and technical standards before submitting it to the Minister for consideration and issuance.

4. Holding the Review Board Meeting:

a) The Review Board meeting is held when at least two-thirds of the Board members are present. Board members discuss and evaluate the quality of the draft Decision to issue economic and technical standards through secret ballot voting at the following levels:

Level 1: Meets the requirement for issuance.

Level 2: Meets the requirement but needs revision before issuance.

Level 3: Does not meet the requirement and needs to be rebuilt.

b) The Chairman of the Review Board compiles the opinions of the Board members and concludes on the quality of the draft Decision to issue economic and technical standards based on the consensus of the majority of Board members (at one of the three levels specified above).

Article 11. Approval and Issuance of Economic and Technical Standards

1. The leading unit responsible for developing economic and technical standards shall complete the dossier to submit to the Minister for consideration and issuance of economic and technical standards, including:

a) Memorandum;

b) Draft Decision on the issuance of economic and technical standards;

c) Summary table, explanation, and incorporation of comments from relevant organizations and individuals;

d) Minutes of the review meeting; report explaining and incorporating review comments;

đ) Opinion of the Deputy Minister in charge;

e) Other documents (if any).

2. Responsibilities of units in the process of approval and issuance of economic and technical standards

a) The head of the leading unit responsible for developing economic and technical standards shall submit the draft Decision dossier on the issuance of economic and technical standards according to Clause 1 of this Article; sign at the end of the page with the Minister's signature, and all pages of the Appendix (if any); bear responsibility for the content and feasibility of the document;

b) The Science, Technology and Environment Department and the Finance Department shall jointly submit the draft Decision on the issuance of economic and technical standards to the Minister; bear responsibility for the content related to their scope, functions, and tasks within the document.

3. The Minister shall consider and sign to issue or delegate the Deputy Minister in charge to sign the Decision on the issuance of economic and technical standards.

Chapter III

IMPLEMENTATION

Article 12. Responsibility for Implementation

1. The heads of units assigned to lead the development of economic and technical standards shall be responsible for:

a) Annually reviewing and preparing plans and budgets for the list of economic and technical standards within their specialized field, and submitting them to the Science, Technology and Environment Department and the Finance Department for consolidation and reporting to the Minister;

b) Leading and coordinating with relevant units to organize the development of economic and technical standards; submitting for issuance in accordance with this Circular.

2. The Science, Technology and Environment Department and the Finance Department shall be responsible for consolidating plans and ensuring funding for units under the Ministry of Agriculture and Rural Development to develop economic and technical standards for each product and public service managed by the Ministry of Agriculture and Rural Development in accordance with regulations.

3. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall base on this Circular to refer to and develop and issue economic and technical standards for products and public services of their respective provinces and municipalities within their authority.

Article 13. Implementation funds

Funding for the development of economic and technical standards shall be allocated within the annual administrative budget (for administrative agencies); from the economic affairs fund (for units funded by the state budget for regular expenses), and self-balanced within the revenue sources of economic and other public service units.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

For economic and technical standards that have been issued before the effective date of this Circular, they shall continue to be applied.

Article 15. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from September 1, 2021.

2. Organizations and individuals involved in the development and issuance of economic and technical standards for products and public services managed by the Ministry of Agriculture and Rural Development shall be responsible for implementing this Circular.

3. During implementation, if there are difficulties or obstacles, organizations and individuals shall reflect these issues to the Ministry of Agriculture and Rural Development for guidance or research to amend and supplement accordingly./.