Circular No. 10/2020/TT-BGTVT on ordering and tendering for the provision of public service activities related to national inland waterway management and maintenance using state budget funds from regular expenditure.

CIRCULAR

Regulations on ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways using state budget funds from regular expenditure

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on the assignment of tasks, ordering or tendering for the provision of public services using state budget funds from regular expenditure;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

AT THE REQUEST OF THE HEAD OF THE FINANCE DEPARTMENT AND THE DIRECTOR OF THE VIETNAM INLAND WATERWAYS ADMINISTRATION;

The Minister of Transport hereby promulgates this Circular on ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways using state budget funds from regular expenditure.

Article 1. Scope of Regulation

This Circular stipulates the ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways using state budget funds from regular expenditure.

Article 2. Applicability

This Circular applies to organizations and individuals involved in ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways using state budget funds from regular expenditure.

Article 3. Sources of funds for providing public service activities related to management and maintenance of national inland waterways

1. Regular expenditure budget funds of the state in the field of economic public services of inland waterways as prescribed by the State Budget Law.

2. Fees retained for the operation of service provision and toll collection as prescribed by laws on fees and charges.

3. Other sources as prescribed by law (if any).

Article 4. Methods of providing public service activities related to management and maintenance of national inland waterways

1. Provision of public service activities related to management and maintenance of inland waterways shall be carried out through tendering except in cases provided for in Clause 2 of this Article.

2. Emergency response work for natural disasters and ensuring initial traffic flow as prescribed in Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of the Minister of Transport on emergency response work in the field of inland waterways shall be ordered according to regulations.

Article 5. Agencies and units organizing ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways

The Vietnam Inland Waterway Administration is the agency organizing ordering and tendering for the provision of public service activities related to management and maintenance of national inland waterways using state budget funds from regular expenditure.

Article 6. Organizations conducting tendering for the provision of public service activities related to management and maintenance of national inland waterways

1. Tendering for the provision of public service activities related to management and maintenance of inland waterways shall be conducted in accordance with the provisions of Article 16 of Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on the assignment of tasks, ordering or tendering for the provision of products and services using state budget funds from regular expenditure (hereinafter referred to as Decree No. 32/2019/NĐ-CP).

2. Tendering for the provision of public service activities related to management and maintenance of inland waterways shall be organized when the following conditions are met:

a) The bidding plan has been approved;

b) The tender documentation has been approved;

c) Information on tendering has been published in accordance with the law on tendering;

d) The content and list of public service activities related to management and maintenance of inland waterways have been approved;

đ) The price of the tender package for public service activities related to management and maintenance of inland waterways has been approved in accordance with the regulations.

3. Bidders participating in tendering to provide public service activities for inland waterways must meet all conditions as prescribed by current laws on tendering.

Article 7. Organizations placing orders for the provision of public service activities managing and maintaining national inland waterways

1. The list of public service activities to be ordered: Clearing traffic congestion and organizing the handling of consequences of natural disasters on the infrastructure of national inland waterways, as stipulated in Article 19 of Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of the Minister of Transport on disaster prevention and control in the field of inland waterways.

2. Forms of ordering and contents of orders: As prescribed in Clause 1 and Clause 3 of Article 14 of Decree No. 32/2019/NĐ-CP.

Article 8. Responsibilities of agencies and units in organizing bidding and placing orders for the provision of public service activities managing and maintaining national inland waterways

1. The Director of the Vietnam Inland Waterway Administration shall perform the responsibilities of the authorized person as prescribed by current laws on bidding.

The Vietnam Inland Waterway Administration shall organize bidding for the provision of public service activities managing and maintaining national inland waterways, prepare, review and submit to the authorized person for approval the plan for selecting contractors; perform the responsibilities of the project owner and the tenderer as prescribed by current laws on bidding.

2. The Vietnam Inland Waterway Administration shall organize placing orders for the provision of public service activities managing and maintaining national inland waterways, sign contracts for placing orders for the provision of public services according to Article 12, Article 13, and Article 14 of Decree No. 32/2019/NĐ-CP.

3. The Minister of Transport authorizes the Vietnam Inland Waterway Administration to approve the price of public service activities managing and maintaining national inland waterways through the placement method.

Procedures for preparation, procedures for preparation, review, and pricing of public services shall be carried out in accordance with the Law on Prices, Government Decree No. 177/2013/NĐ-CP dated November 14, 2013 detailing and guiding the implementation of certain provisions of the Law on Prices, Government Decree No. 149/2016/NĐ-CP dated November 11, 2016 amending and supplementing certain articles of Government Decree No. 177/2013/NĐ-CP dated November 14, 2013, and other current regulations related to price management.

Article 9. Adjustment of funding for orders, adjustment of bidding contracts for the provision of public service activities managing and maintaining national inland waterways

1. Funding for placing orders for the provision of public service activities managing and maintaining national inland waterways may only be adjusted in the following cases:

a) The State changes regarding salary mechanisms and policies;

b) The State adjusts economic and technical norms, cost standards, prices, unit prices of public services, and changes the quantity and volume of ordered public services;

c) Unforeseeable causes as stipulated by law affecting the provision of public services.

2. Agencies and units entrusted to sign orders for placing orders and decisions to place orders for the provision of public service activities shall adjust the funding for placing orders for public service activities managing and maintaining national inland waterways after receiving written approval from the Vietnam Inland Waterway Administration; the approval of adjustments to funding for orders must comply with the provisions of Clause 1 of this Article and within the annual budget allocation.

3. Adjustments to bidding contracts for the provision of public service activities managing and maintaining national inland waterways shall be carried out in accordance with the contract and relevant legal provisions.

Article 10. Supervision, acceptance, payment, settlement of public service provision services for national inland waterway management and maintenance

The Vietnam Inland Waterways Administration shall organize supervision, acceptance, payment, and settlement of public service provision services for national inland waterway management and maintenance in accordance with the provisions of the law.

Article 11. Effective Date

1. This Circular takes effect from July 1, 2020. The Circular No. 53/2017/TT-BGTVT dated December 29, 2017, issued by the Minister of Transport on the bidding, ordering production, and supplying public service provision services for national inland waterway management and maintenance within the central government budget expenditure plan, is hereby abolished.

2. In case the legal normative documents serving as the basis and referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced legal normative documents.

Article 12. Transitional Provisions

Agencies and units under the Vietnam Inland Waterways Administration that have been assigned tasks for national inland waterway management and maintenance by the Ministry of Transport, and agencies and units that have been delegated or authorized by the Ministry of Transport to manage and maintain national inland waterways continue to implement the organization of ordering, bidding to provide public service provision services for national inland waterway management and maintenance using state budget funds from regular expenditure as stipulated in Articles 6, 7, 8, 9, and 10 of this Circular and other relevant laws until the assignment, delegation, or authorization ends.

Article 13. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterway Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.