Circular No. 158/2016/TT-BTC on the management, use, and exploitation of the Software for Aggregating Data on Inventory of Fixed Assets of Road Transport Infrastructure.

CIRCULAR

Regulations on management, use, and exploitation of the Software
Consolidation of inventory data for infrastructure assets of road transport

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Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

Pursuant to Decree No. 10/2013/NĐ-CP dated January 11, 2013 of the Government on the management, use, and operation of road infrastructure assets;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the State Asset Management Department;

The Minister of Finance issues this Circular regulating the management, use, and exploitation of the Software for Consolidation of Inventory Data for Infrastructure Assets of Road Transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the management, use, and exploitation of the Software for Consolidation of Inventory Data for Infrastructure Assets of Road Transport (hereinafter referred to as the Software) to update and consolidate information on assets forming the national database on infrastructure assets of road transport.

Article 2. Applicability

1. Ministry of Finance and Ministry of Transport.

2. People's Committees of provinces and centrally governed cities.

3. Provincial Department of Finance; Provincial Department of Transport of centrally governed cities and provinces.

4. Agencies and units directly managing infrastructure assets of road transport; including: Highway Administration Bureau; People's Committee of district, county, town, city (hereinafter collectively referred to as the People's Committee at the district level); People's Committee of commune, ward, town (hereinafter collectively referred to as the People's Committee at the commune level).

5. Agencies, organizations, and individuals related to the management, use, and exploitation of infrastructure assets of road transport.

Chapter II

SPECIFIC PROVISIONS

Article 3. Conditions for Operating the Software

1. Computer conditions and internet connectivity capability: The computer must be installed with the Windows operating system; antivirus software must be installed and regularly updated with new virus signature files and security patches for the operating system, using Unicode TCVN 6909:2001 font for typing Vietnamese accents and must be connected to the Internet.

2. Conditions for the Software administrator who is granted an account and access permission by the Ministry of Finance based on a written request from the Ministry of Transport; Provincial Departments of Finance of centrally governed cities and provinces.

3. Conditions for Software users who are granted access accounts to the Software by the Ministry of Finance based on a written request from the Ministry of Transport, Provincial Departments of Finance of centrally governed cities and provinces.

4. In case there is a change in the Software administrator or user, the Ministry of Transport; Provincial Departments of Finance of centrally governed cities and provinces shall promptly notify the Ministry of Finance in writing and take appropriate measures.

Article 4. Unit Identification Code in the Software

1. The unit identification code in the Software is the budget-related unit code issued by the Ministry of Finance, Provincial Departments of Finance according to Circular No. 185/2015/TT-BTC dated November 17, 2015 of the Ministry of Finance guiding the registration, issuance, and use of unit codes related to the state budget and standardized, converted accordingly to ensure that each unit uses a unique budget-related unit code as its unit code in this Software.

2. In cases where the unit is an agency, organization, or individual entrusted with the management, use, and exploitation of infrastructure assets of road transport but does not have a budget-related unit code, the tax registration number shall be used for identification and assignment of the unit code.

3. The identification and assignment of unit codes shall be carried out by the Software administrators of the Ministry of Transport, Provincial Departments of Finance of centrally governed cities and provinces in accordance with the guidance provided in the User Guide for the Software for Consolidation of Inventory Data for Infrastructure Assets of Road Transport issued by the Ministry of Finance.

Article 5. Input, Review and Standardization of Data into the Software

1. Information on data regarding road transport infrastructure assets to be input into the Software must be information that has been reviewed and confirmed by the General Department of Vietnam Roads (for road transport infrastructure assets under central management) and the Department of Transport (for road transport infrastructure assets under local management) in accordance with point b, Clause 3, Article 8 of Circular No. 178/2013/TT-BTC dated December 2, 2013 of the Ministry of Finance detailing and guiding the implementation of certain provisions of Decree No. 10/2013/NĐ-CP dated January 11, 2013 of the Government on the management, use, and exploitation of road transport infrastructure assets (hereinafter referred to as Circular No. 178/2013/TT-BTC).

2. Information to be input into the Software:

a) Information from the initial declaration report Form No. 01-BC/TSHTĐB issued together with Circular No. 178/2013/TT-BTC and according to the asset inventory and classification forms for road transport infrastructure assets at Appendix 01 of this Circular;

b) Supplementary declaration information applicable to newly constructed road transport infrastructure assets; those received for use; liquidated, transferred, assigned, renamed, divided, merged, or dissolved administrative units directly managing road transport infrastructure assets. The supplementary declaration includes:

- Newly constructed or received road transport infrastructure assets according to Form No. 01-BC/TSHTĐB issued together with Circular No. 178/2013/TT-BTC or according to the attached form at Appendix 01 of this Circular;

- Changes in information about the managing unit according to Form No. 02-BC/TSHTĐB issued together with Circular No. 178/2013/TT-BTC;

- Changes in information about road transport infrastructure assets according to Form No. 03-BC/TSHTĐB issued together with Circular No. 178/2013/TT-BTC;

- Deletion of information in the Database according to Form No. 04-BC/TSHTĐB issued together with Circular No. 178/2013/TT-BTC.

3. The procedure for inputting, reviewing, and standardizing data on road transport infrastructure assets into the Database is as follows:

a) For road transport infrastructure assets under central management

Based on reports submitted by the units directly managing the assets, the General Department of Vietnam Roads checks the completeness and accuracy of the reports, confirms them, and sends one set of files according to the form specified in point a, Clause 2 of this Article to the financial department of the Ministry of Transport. Within no more than 30 working days from the date of receipt of the report from the General Department of Vietnam Roads, the financial department of the Ministry of Transport must input the asset data into the Software.

b) For road transport infrastructure assets under local management

Based on reports submitted by the units directly managing the assets, the Department of Transport checks the completeness and accuracy of the reports, confirms them, and sends one set of files according to the form specified in point a, Clause 2 of this Article along with copies of relevant documents to the provincial finance departments. The Department of Transport is responsible for inputting the asset data into the Software within no more than 30 working days from the date of receipt of the report from the unit managing the road transport infrastructure assets. Provincial finance departments base their verification and approval of the accuracy of the information entered into the Software on the confirmation of the reports by the Department of Transport and the data already entered into the Software. In case there is a discrepancy between the confirmed report data of the Department of Transport and the data entered into the Software, the provincial finance departments will refuse to approve and notify the Department of Transport to adjust the information in the Software.

In cases where data entry is delegated to the units directly managing the road transport infrastructure assets, these units shall input the asset data into the Software and send two sets of files according to the form specified in point a, Clause 2 of this Article along with copies of relevant documents to the Department of Transport. Based on reports submitted by the units directly managing the assets, the Department of Transport checks the completeness and accuracy of the reports, confirms them, and sends them to the provincial finance departments within no more than 30 working days from the date of receipt of the report from the unit managing the road transport infrastructure assets while retaining one set of files at the Department of Transport. The provincial finance departments verify the paper declaration reports of the units (confirmed by the Department of Transport) and approve the accuracy of the information to be entered into the Database. In case there is a discrepancy between the confirmed report data of the Department of Transport and the data entered into the Software, the provincial finance departments will refuse to approve and notify the units directly managing the projects to make appropriate adjustments.

The provincial finance departments are responsible for checking the updating of data on road transport infrastructure assets managed by units within their jurisdiction, and standardizing the data entered into the Database fully and accurately.

4. Based on actual circumstances, the financial department of the Ministry of Transport and the provincial finance departments report to the Ministry of Transport and the Chairperson of the People's Committee of the province or centrally-administered city for consideration and decision on delegating data entry to units directly managing road transport infrastructure assets to input data into the Software. The financial department of the Ministry of Transport and the provincial finance departments shall review the data. Such delegation must be uniformly agreed upon in writing by the Ministry of Finance.

Article 6. Responsibilities for managing, operating, and exploiting information in the National Database on Road Transport Infrastructure Assets

1. Responsibilities of the Ministry of Finance

a) To take the lead in coordinating with the Ministry of Transport to complete the content and procedures for managing road transport infrastructure assets in accordance with laws on the management and use of state assets;

b) To ensure requirements for server configuration, internet connection speed, and other material conditions necessary for organizing the safe and secure management and operation of the National Database on Road Transport Infrastructure Assets;

c) To issue accounts for administrators and users of the software upon request from the Ministry of Transport and People's Committees of centrally governed cities and provinces; to implement access permissions for those who have been issued accounts;

d) To guide, inspect, urge, and evaluate the results of updating information into the National Database on Road Transport Infrastructure Assets at central and local levels in accordance with laws on the management and use of state assets;

e) To manage, operate, and exploit information from the National Database on Road Transport Infrastructure Assets to serve state management over state assets;

2. Responsibilities of the Ministry of Transport

a) To direct, guide, and inspect compliance with laws on the management of road transport infrastructure assets at central and local levels, and the updating of data into the National Database on Road Transport Infrastructure Assets as stipulated in this Circular;

b) To coordinate with the Ministry of Finance to complete the content and procedures for managing road transport infrastructure assets in accordance with laws on the management and use of state assets;

c) To coordinate with the Ministry of Finance in managing, operating, and exploiting information from the National Database on Road Transport Infrastructure Assets;

3. Responsibilities of People's Committees of centrally governed cities and provinces

a) To direct the Department of Finance, the Department of Transport, and related agencies and units to strictly comply with regulations on managing, operating, and exploiting the National Database on Road Transport Infrastructure Assets as stipulated in this Circular and other relevant laws;

b) To direct the Department of Finance, the Department of Transport, and related agencies and units to report on the management and use of road transport infrastructure assets according to the requirements of competent state authorities;

Article 7. Use and Exploitation of Information

1. The National Database on Road Transport Infrastructure Assets is part of the National Database on State Assets. Information in the National Database on Road Transport Infrastructure Assets has legal value equivalent to paper records.

2. Information in the National Database on Road Transport Infrastructure Assets shall be used as a basis for preparing budgets, reviewing final accounts, auditing, inspecting, supervising investment construction, upgrading, renovation, repair, reallocation, leasing rights to operate, transferring, liquidating road transport infrastructure assets, and reporting on the management and use of state assets in accordance with the law.

3. Agencies, organizations, and units granted accounts by the Ministry of Finance have the right to exploit information about road transport infrastructure assets within their jurisdiction in the National Database on Road Transport Infrastructure Assets.

Article 8. Funding for the management and exploitation of the Software

1. The funding for the construction, management, upgrading, and maintenance of the Software shall be balanced and allocated in the annual state budget estimate of the Ministry of Finance and other sources (if any).

2. The funding for data importation, verification, and standardization within the Software shall be balanced and allocated in the annual state budget estimate of the Ministry of Transport, provinces, and centrally governed cities. The expenditure level for data importation, verification, and standardization of road transport infrastructure assets shall be implemented in accordance with the provisions of Point c Clause 4 Circular No. 194/2012/TT-BTC dated November 15, 2012, issued by the Ministry of Finance guiding the expenditure levels for creating electronic information to maintain the regular operation of agencies and units using state budget funds.

Chapter III

IMPLEMENTATION

Article 9. Implementation Provisions

1. This Circular takes effect from January 1, 2017.

2. Repeal Point c Clause 3 Article 8 of Circular No. 178/2013/TT-BTC dated December 2, 2013, issued by the Ministry of Finance detailing and guiding the implementation of certain provisions of Decree No. 10/2013/NĐ-CP dated January 11, 2013, of the Government on the management, use, and exploitation of road transport infrastructure assets.

3. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

Article 10. Implementation Organization

1. The Ministry of Transport; People's Committees of provinces and centrally governed cities shall direct relevant agencies, organizations, and units to implement this Circular.

2. In case difficulties arise during implementation, agencies, organizations, and units are requested to promptly report to the Ministry of Finance for coordination in handling./.