Circular No. 113/2018/TT-BTC on pricing in planning activities

CIRCULAR

REGULATIONS ON PRICES IN PLANNING ACTIVITIES

Pursuant to the Planning Law No. 21/2017/QH14 dated November 24, 2017, and other detailed regulations and guiding documents;

Pursuant to the Price Law No. 11/2012/QH13 dated June 20, 2012, and other detailed regulations and guiding documents;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Price Management Department,

The Minister of Finance promulgates this Circular on prices in planning activities.

Article 1. Scope of Regulation

1. This Circular provides detailed regulations on point b Clause 6 Article 55 of the Planning Law regarding the determination of prices in planning activities funded from public investment capital and regular operating funds as prescribed by the Planning Law.

2. Prices in planning activities stipulated in this Circular shall only apply to cases where competent authorities in planning activities purchase or lease goods and services to perform their tasks as prescribed by the Planning Law and other detailed regulations and guiding documents.

3. In cases where services in planning activities fall within the list of public service activities or public services funded by state budget, which are assigned by competent state agencies, ordered to be provided, or tendered for provision, the price determination shall be carried out according to the provisions of regulations on assignment, ordering, or tendering for provision of public service activities or public services.

Article 2. Applicability

1. The competent authority organizing the preparation of plans or entrusted with advising the Government, Prime Minister, Ministries, ministerial-level agencies, or provincial People's Committees to organize the preparation of plans.

2. The plan preparation agency is an agency or organization entrusted by the Government, Prime Minister, Ministries, ministerial-level agencies, or provincial People's Committees to prepare plans within the national planning system.

Organizations and individuals entrusted with participating in planning activities; other organizations and individuals related.

Article 3. Prices in planning activities

1. Prices in planning activities are determined based on the costs for external procurement of planning activities. Based on the nature of the activity, the content to be implemented, and the provisions of the Planning Law and other detailed regulations and guiding documents on pricing in planning activities, such prices include one or more of the following cost items:

- Cost for hiring consulting experts.

- Cost for purchasing machinery and equipment.

- Cost for using services and other expenses.

2. The plan preparation agency or the agency organizing the plan component as prescribed by the Planning Law and other detailed regulations and guiding documents shall be responsible for determining the prices in planning activities that meet the requirements of the assigned planning tasks after obtaining written opinions from the same-level financial agency (except in cases involving state secrets as prescribed by law).

Article 4. Principles for Determining Prices in Planning Activities

1. Consistent with the content and nature of planning activities as prescribed by the Planning Law No. 21/2017/QH14 and other detailed regulations and guiding documents.

2. Consistent with the general valuation methods for goods and services as prescribed by the Price Law No. 11/2012/QH13 and other detailed regulations and guiding documents.

3. Consistent with the content and expenditure standards of similar activities supported by state budget funds as prescribed in current regulatory documents; consistent with the standards set forth in planning activities by the Ministry of Planning and Investment as prescribed at point d Clause 3 Article 55 of the Planning Law.

Article 5. Consulting expert hiring costs

1. The cost of hiring domestic consulting experts shall be determined according to the quota regulations in planning activities issued by the Ministry of Planning and Investment pursuant to point d Clause 3 Article 55 of the Law on Planning, and the wage level for consulting experts stipulated in Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs, serving as the basis for budgeting tender packages for consultancy service provision under time-based contracts using state capital.

2. In special cases requiring foreign consulting experts with deep expertise and exceptional industry experience to meet the nature of the work, the competent authority in planning activities shall base their decision on actual circumstances, Circular No. 25/2014/TT-BTC dated February 17, 2014 of the Ministry of Finance regarding general pricing methods for goods and services, relevant legal regulations, and the budget's capacity to allocate funds for such activities, to determine the cost of hiring foreign consulting experts and bear responsibility for their decisions.

Article 6. Costs for purchasing and renting machinery and equipment

1. The cost of purchasing machinery and equipment shall apply in necessary cases to directly serve planning activities as prescribed by the competent authority; the cost of purchasing machinery and equipment shall be determined according to the quota regulations in planning activities issued by the Ministry of Planning and Investment pursuant to point d Clause 3 Article 55 of the Law on Planning, Decision No. 50/2017/QD-TTg dated December 31, 2017 of the Prime Minister on standards and quotas for the use of machinery and equipment, and laws on state budget and bidding.

2. In cases of renting machinery and equipment, the competent authority in planning activities shall base their decision on actual circumstances, the budget's capacity to allocate funds for such activities, and laws on state budget and bidding to determine the rental cost of machinery and equipment and bear responsibility for their decisions.

Article 7. Costs for using survey and information collection services

For survey and information collection activities directly serving planning activities similar to statistical surveys regulated by the Statistics Law, the cost of survey and information collection shall be determined according to the quota regulations in planning activities issued by the Ministry of Planning and Investment pursuant to point d Clause 3 Article 55 of the Law on Planning, and the fee for external labor costs stipulated in point a Clause 5 Article 3 of Circular No. 109/2016/TT-BTC dated June 30, 2016 of the Ministry of Finance on preparing budgets, using, and settling accounts for expenses in conducting statistical surveys and national comprehensive statistical surveys.

Article 8. Other costs

1. Other costs include those related and directly serving the implementation of planning activities as prescribed by the Law on Planning and detailed regulations guiding its implementation.

2. Specific other costs shall be determined according to the quota regulations in planning activities issued by the Ministry of Planning and Investment pursuant to point d Clause 3 Article 55 of the Law on Planning, and the following provisions:

a) For purchasing goods and services for conferences, seminars to gather opinions on draft plans and travel expenses for consulting experts (if any), they shall be implemented according to Circular No. 71/2018/TT-BTC dated August 10, 2018 of the Ministry of Finance on the reception system for foreign guests working in Vietnam, conference and seminar organization systems for international conferences in Vietnam, and the reception system for domestic guests, and Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance on travel expense systems and conference organization expense systems.

b) For purchasing office supplies, maps, newspapers, magazines, publications serving research and information retrieval, printing services, and other goods and services serving planning activities, the costs shall be determined according to laws on state budget and bidding.

Article 9. Implementation Organization

1. This Circular takes effect from January 1, 2019.

2. Where the legal regulations cited for application in this Circular are amended, supplemented, or replaced by new regulations, they shall be applied according to the new regulations.

3. Based on the actual changes in price-forming factors and economic and social policy changes by the State affecting prices in planning activities as stipulated in this Circular, organizations and units responsible for planning and planning components shall report to the Price Management Department - Ministry of Finance for consolidation, review, evaluation, and reporting to the Minister of Finance for consideration to amend and supplement the provisions of this Circular as appropriate.