Circular No. 11/2021/TT-BGTVT guides the valuation method and management of public service provision prices in the national railway infrastructure management and maintenance sector implemented through procurement using state budget funds from regular expenditure. The document stipulates principles for determining prices, price structure, pricing methods, decision-making authority on prices, and its effective enforcement.
Đối tượng áp dụng
Relevant agencies and units shall produce and supply public services in the national railway infrastructure management and maintenance sector through procurement using state budget funds from regular expenditure.
Các điểm cốt lõi
- Agencies and units assigned the state budget expenditure plan by the Ministry of Transport to manage and maintain the national railway infrastructure must organize the construction of public service provision price plans according to regulations (Article 5).
- Public service provision prices in the national railway infrastructure management and maintenance sector are determined to ensure reasonable actual costs and be consistent with technical standards and market conditions at the place of implementation (Article 3).
- The method for determining public service provision prices for management and supervision of railway facility maintenance work is calculated based on the ratio of management and supervision costs (%) multiplied by the total maintenance funding excluding VAT (Article 4).
- The decision on public service provision prices is made after the state budget expenditure plan is assigned to the Ministry of Transport and must comply with the provisions of Decree No. 177/2013/NĐ-CP (Article 5).
- This Circular takes effect from July 10, 2021, replacing Joint Circular No. 09/2016/TTLT-BTC-BGTVT and applies to cases implemented through procurement from March 28, 2021 (Article 7).
🌐 Tác động xã hội từ văn bản này
- It assists state management agencies in legally determining public service provision prices in the railway sector, ensuring transparency and efficient use of the state budget.
- Affected entities managing and maintaining the national railway infrastructure must comply with the regulations on the method for determining public service provision prices.
- Citizens and businesses are not directly affected by this document but will indirectly benefit from improved quality of management and maintenance of railway infrastructure.
❓ Câu hỏi thường gặp
Which agency has the authority to decide public service provision prices in the national railway infrastructure management and maintenance sector?
The decision on prices is made after the state budget expenditure plan is assigned to the Ministry of Transport and complies with the provisions of Decree No. 177/2013/NĐ-CP.
When does this Circular take effect?
This Circular takes effect from July 10, 2021.
How is the method for determining public service provision prices for management and supervision of railway facility maintenance work calculated?
Public service provision prices for management and supervision of railway facility maintenance work are calculated based on the ratio of management and supervision costs (%) multiplied by the total maintenance funding excluding VAT.
Which document does this Circular replace?
Circular No. 11/2021/TT-BGTVT replaces Joint Circular No. 09/2016/TTLT-BTC-BGTVT.
What responsibilities do units have when implementing management and maintenance of national railway infrastructure?
Units must organize the construction of public service provision price plans according to regulations and submit them to the Ministry of Transport before February 15 of the planning year.
Toàn văn
CIRCULAR
Guidelines on the method for pricing and managing the price of public service provision services in the field of national railway infrastructure management and maintenance carried out through procurement using state budget funds from regular expenditure
______________________
Pursuant to the Railway Law dated June 16, 2017;
Pursuant to the Law on Prices dated June 20, 2012;
Pursuant to the State Budget Law dated June 25, 2015;
Pursuant to Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices; Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles of Decree No. 177/2013/NĐ-CP;
Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;
Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, procurement or tendering for the provision of products and public services using state budget funds from regular expenditure;
Pursuant to the Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 detailing certain provisions on quality management, construction works, and maintenance of construction projects;
Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, powers, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Department of Finance and the Director of the Vietnam Railway Administration,
The Minister of Transport issues this Circular guiding the method for pricing and managing the price of public service provision services in the field of national railway infrastructure management and maintenance carried out through procurement using state budget funds from regular expenditure.
Article 1. Scope of Regulation
This Circular guides the method for pricing and managing the price of public service provision services in the field of national railway infrastructure management and maintenance carried out through procurement using state budget funds from regular expenditure as prescribed in Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, procurement or tendering for the provision of products and public services using state budget funds from regular expenditure.
Article 2. Applicability
This Circular applies to agencies and units related to the production and supply of public service provision services in the field of national railway infrastructure management and maintenance carried out through procurement using state budget funds from regular expenditure.
Article 3. Principles for Determining Prices
The price of public service provision services in the field of national railway infrastructure management and maintenance shall be determined to ensure:
1. Actual reasonable costs to complete a unit volume of public service provision services specified in national railway infrastructure management and maintenance.
2. Compliance with technical standards, norms issued by competent state authorities and the technical condition of each project or specific work item.
3. Suitability with market conditions at the construction site and the quantity and quality of public service provision services.
4. Exclusion from the price of public service provision services of expenses already guaranteed by the state budget.
Article 4. Structure and Method for Determining the Price of Public Service Provision Services
1. The price structure for public service provision services related to railway infrastructure maintenance work shall be implemented according to the guidance provided in Appendix I attached hereto. The method for determining the price of public service provision services related to railway infrastructure maintenance work shall be implemented according to the guidance provided in Appendix II attached hereto.
2. The method for determining the price of public service provision services related to the management and supervision of railway infrastructure maintenance work: The price of public service provision services related to the management and supervision of railway infrastructure maintenance work shall be determined based on the management and supervision cost ratio (percentage) multiplied by the total maintenance funding for railway infrastructure before value-added tax. The method for determining the management and supervision cost ratio shall be implemented according to the guidance provided in Appendix III attached hereto.
3. The structure and method for determining the price of public service provision services related to the remediation of consequences of accidents and natural disasters for railway infrastructure in phase 1, when carried out through procurement, shall be implemented according to the guidance provided in Appendix IV attached hereto.
4. For other works not covered by Clause 1, Clause 2, and Clause 3 of this Article, when carried out through procurement, the price of public service provision services shall be calculated separately for each specific work and implemented according to current laws.
Article 5. Competence, Time Limit, Procedure for Review and Decision on Price
1. The determination of the price of public service provision services in the field of national railway infrastructure management and maintenance shall be carried out after the state budget expenditure estimate has been assigned by the competent authority to the Ministry of Transport.
Article 6. Adjustment of procurement contract prices, subsidy levels for public services
The adjustment of procurement contract prices, subsidy levels for public services shall be carried out in accordance with current laws.
Article 7. Effective Date
1. This Circular takes effect from July 10, 2021, and replaces Circular Joint Circular No. 09/2016/TTLT-BTC-BGTVT dated May 10, 2016, issued by the Minister of Transport and the Minister of Finance.
2. This Circular shall be applied to determine the procurement price in cases where procurement is carried out according to the procurement method for public service products in the field of national railway infrastructure management and maintenance from March 28, 2021, until this Circular takes effect, and has not been guided on the method of determining the procurement price in Joint Circular No. 09/2016/TTLT-BTC-BGTVT dated May 10, 2016, issued by the Minister of Transport and the Minister of Finance.
3. 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 in accordance with the amended, supplemented, or replaced legal normative documents.
Article 8. Implementation organization
1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, and the Heads of related agencies and units are responsible for implementing this Circular.
2. In the course of implementation, if there are difficulties, the agencies and units are requested to report to the Ministry of Transport for consideration and resolution./.
DEPUTY MINISTER
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