Circular No. 21/2019/TT-BKHCN stipulates the procedures for establishing economic and technical norms for public services and utilities funded by the state budget under the management of the Ministry of Science and Technology.

CIRCULAR

Regulations on the procedure for establishing economic and technical norms

public services using state budget funds under the management of the Ministry of Science and Technology

state management of the Ministry of Science and Technology

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Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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. 54/2016/NĐ-CP dated June 14, 2016 of the Government stipulating the self-management mechanism of public scientific and technological organizations;

Implementing Decision No. 695/QĐ-TTg dated May 21, 2015 of the Prime Minister promulgating the Implementation Plan for the implementation of Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government stipulating the self-management mechanism of public service units;

Implementing Decision No. 2099/QĐ-TTg dated December 27, 2017 of the Prime Minister promulgating the List of public services using state budget funds under the management of the Ministry of Science and Technology;

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

The Minister of Science and Technology issues this Circular stipulating the procedure for establishing economic and technical norms for public services using state budget funds under the management of the Ministry of Science and Technology.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedure for establishing economic and technical norms for public services using state budget funds under the management of the Ministry of Science and Technology.

Article 2. Applicability

This Circular applies to state agencies, organizations, and individuals related to the management, establishment, and implementation of public services using state budget funds under the management of the Ministry of Science and Technology.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Public services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as public services) are public services in the field of science and technology where the State guarantees all costs or public services that have not been fully covered by cost in price or fee, supported by the state budget.

2. Economic and technical norms for public services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as economic and technical norms) are the necessary levels of consumption regarding labor, raw materials, machinery, and equipment to complete one unit of product (or a specific amount of work), under specific conditions within the fields under the scope of state management of the Ministry of Science and Technology.

3. The implementation process of public services using state budget funds under the management of the Ministry of Science and Technology is the sequence, procedures, and methods of implementing public services using state budget funds.

Article 4. General principles for establishing economic and technical norms

1. Economic and technical norms are established based on the implementation process of public services and legal regulations on working conditions for workers, various norms, and costs applicable to detailed activities at the implementation process of public services.

2. Establishing economic and technical norms is based on the Detailed List of public services using state budget funds under the management of the Ministry of Science and Technology requiring the establishment of economic and technical norms and the classification of services specified in the Appendix attached to this Circular.

3. Economic and technical norms can be established for each individual service or a group of similar services concerning the content of the implementation process, similar in nature, means, and the sequence of implementation of work items of the service.

4. An economic and technical norm may apply to a group of similar public services using state budget funds with the same operational process and defined in the scope of regulation of the legal document issuing economic and technical norms.

Chapter II
PUBLIC SERVICES USING STATE BUDGET FUNDS UNDER THE FIELD OF STATE MANAGEMENT OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Article 5. The list of public services using state budget funds under the management of the Ministry of Science and Technology that need to establish economic and technical norms

1. The list of public services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as the List of Public Services) according to Decision No. 2099/QĐ-TTg dated December 27, 2017 of the Prime Minister promulgating the List of Public Services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as Decision No. 2099/QĐ-TTg).

2. The detailed list of public services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as the Detailed List of Public Services) needs to establish economic and technical norms as specified in the Appendix attached to this Circular.

3. The Detailed List of Public Services is based on the List of Public Services issued together with Decision No. 2099/QĐ-TTg.

Article 6. Groups of public services using state budget funds under the management of the Ministry of Science and Technology

1. A group of public services using state budget funds under the management of the Ministry of Science and Technology is a group of services similar in content and process of operation, identical in nature, means of operation, and sequence of service tasks.

2. The order of implementing service tasks within the process of executing the group of services is established based on similar service tasks, ensuring consistency and absence of contradictions.

Article 7. Classification of public services using state budget funds under the management of the Ministry of Science and Technology

1. Public services using the entire state budget funds under the management of the Ministry of Science and Technology are services for which the state budget fully covers the costs of implementation.

2. Public services using part of the state budget funds under the management of the Ministry of Science and Technology are services for which the state budget partially covers the costs of implementation not included in the service price according to the pricing schedule for public services.

3. Public services using the entire state budget funds and public services using part of the state budget funds under the management of the Ministry of Science and Technology as stipulated in the List of Public Services using state budget funds under the management of the Ministry of Science and Technology issued together with Decision No. 2099/QĐ-TTg.

Chapter III
BUILDING THE PROCEDURE FOR IMPLEMENTING PUBLIC SERVICES USING STATE BUDGET FUNDS, BASIS AND METHODS FOR ESTABLISHING ECONOMIC AND TECHNICAL NORMS

Article 8. Procedure for implementing public services using state budget funds

1. The content of the procedure for implementing public services must detail the time, sequence, procedures, specific conditions, and necessary manpower, materials, machinery, and equipment (if any) required to implement a particular public service.

2. The procedure for implementing public services is submitted by the organization implementing the service to the competent authority for approval of the economic and technical norms.

Article 9. Basis for establishing economic and technical norms

1. Legal provisions on working conditions for workers, norms and costs applicable to detailed activities at the service implementation process of public services; applying technical parameters and legal regulations to determine consumption levels for each task, thereby calculating and establishing economic and technical norms for equipment and materials.

2. Technical standards and national standards issued and announced for application by competent authorities, specialized economic and technical norm determination procedures already issued for establishing economic and technical norms.

3. Annual statistical data and relevant documents related to the content of establishing economic and technical norms.

4. Actual operating conditions of public service units providing public services regarding human resources and material infrastructure.

Article 10. Methods for establishing economic and technical norms

1. Comprehensive Statistical Method

Based on annual statistical data or periodic reports (statistical data ensuring reliability and legality over a continuous three-year period prior to the establishment of economic and technical norms) and relying on practical experience or comparative parameters to establish economic and technical norms.

2. Standard Method

Based on technical standards and legal provisions regarding working hours and rest periods to establish labor norms for each job.

Based on technical standards and legal provisions to determine consumption rates for each job, from which economic and technical norms for equipment and materials are calculated.

3. Analytical and Experimental Method

Conducting survey and experimental activities according to the outline of each process and work content to analyze and calculate each factor constituting the norm (selecting tasks that cannot be determined through the above two methods or those that can be determined but not accurately enough, requiring practical verification).

Chapter IV
PROCEDURES, CONTENT FOR ESTABLISHING ECONOMIC AND TECHNICAL NORMS FOR PUBLIC SERVICES USING STATE BUDGET FUNDS

Article 11. Authority to issue economic and technical norms

1. The Minister of Science and Technology shall issue economic and technical norms for public services within the Detailed List of Public Services Using State Budget Funds under the Ministry of Science and Technology's administrative domain as stipulated in the Appendix attached to this Circular.

2. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall issue economic and technical norms for public services using state budget funds within the science and technology domain based on the Detailed List of Public Services Using State Budget Funds under the Ministry of Science and Technology's administrative domain as stipulated in the Appendix attached to this Circular and the economic and technical norms issued by the Ministry of Science and Technology, ensuring they are appropriate to local socio-economic conditions.

3. In cases where necessary, Provincial People's Committees and Municipal People's Committees directly under the Central Government may issue economic and technical norms for public services using state budget funds within the science and technology domain that are not specified in the Detailed List of Public Services Using State Budget Funds under the Ministry of Science and Technology's administrative domain.

Article 12. Procedures for Establishing Economic and Technical Norms

1. Economic and technical norms for each public service using state budget funds within the administrative domain of the Ministry of Science and Technology shall be established according to the procedures for issuing regulatory legal documents.

2. Economic and technical norms shall be established in two steps:

a) Step 1: Establish the process for implementing public services;

b) Step 2: Establish economic and technical norms.

Organizations and individuals entrusted with establishing economic and technical norms shall implement the procedures stipulated in Clauses 1, 2, 3, and 4 of Article 13 of this Circular.

Article 13. Procedures for establishing economic and technical norms for public services funded by the state budget

1. Drafting plans to establish economic and technical norms:

a) Based on the detailed list of public services, organizations and individuals assigned to establish economic and technical norms shall draft detailed plans to establish such norms for each public service.

b) For public services funded by the state budget that are carried out by multiple organizations and individuals, the establishment of economic and technical norms shall be assigned by the authority responsible for issuing such norms to one organization or individual to lead and coordinate with other organizations and individuals involved in the service.

2. Establish a drafting team (summarize practical experiences, develop procedures for implementing the service, draft a proposal, and draft economic and technical norms);

3. Solicit opinions from relevant agencies and units within the organization;

4. Solicit opinions from ministries, sectors, localities, and related organizations and individuals; widely solicit opinions through mass media in accordance with the Law on Enacting Legal Normative Documents;

5. Review the draft circular's dossier for issuing economic and technical norms;

6. Scrutinize the draft circular's dossier for issuing economic and technical norms;

7. Submit for approval and issuance of the circular stipulating economic and technical norms;

8. Publish.

Article 14. Content of Economic and Technical Norms

The economic and technical norms for public services include three basic component norms: labor norms, equipment norms, and material norms.

1. Labor norms are the amount of labor required by profession and expertise for employees to complete the implementation of a public service according to criteria and standards issued by competent authorities.

2. Equipment norms are the necessary usage time for each type of machinery and equipment to complete the implementation of a public service according to criteria and standards issued by competent authorities.

3. Material norms are the amount of consumption of various raw materials and supplies necessary to complete the implementation of a public service according to criteria and standards issued by competent authorities.

Based on the approved service implementation procedures, compile a list, scope, and content of work, and steps for implementing public services requiring the establishment of economic and technical norms.

Article 15. Labor Norms

Labor norms are the necessary direct and indirect working hours to produce a product (or to complete a specific step or task) and the working hours for product inspection and acceptance. Specifically:

Where:

- Direct labor norms are the time required to complete a public service;

- Indirect labor norms are defined as a percentage (%) of direct labor.

Article 16. Machinery and Equipment Usage Norms

The content of machinery and equipment usage norms to be established includes:

1. Determine the list and types of machinery and equipment;

2. Determine the basic technical specifications of machinery and equipment;

3. Determine the usage time for each type of machinery and equipment including: loaded operation time (consumption of materials, electricity, fuel during use); unloaded operation time (no material consumption);

4. Aggregate machinery and equipment norms.

Article 17. Standard for material usage

The standard for material usage must include the following contents:

1. Determining the list and types of materials and supplies necessary for production according to each work content that produces a unit product.

2. Determining the quantity/volume of each type of material based on the type of equipment and the loaded machine running time (material consumption).

3. Determining the recovery rate (%) of materials based on the characteristics of the materials to calculate the recovery rate (%).

4. Determining the basic technical requirements for materials, describing the technical specifications of each type of material suitable for performing public service activities.

Chapter V
IMPLEMENTATION

Article 18. Agencies and organizations implementing public services using state budget under the management of the Ministry of Science and Technology

1. Economic and technical standards for public services using the state budget within the detailed list of public services using the state budget under the management of the Ministry of Science and Technology, as specified in the Appendix attached to this Circular, shall be established by agencies and organizations directly under the Ministry of Science and Technology, in accordance with management objectives, functions, tasks, and assigned authorities.

2. Agencies and organizations directly under the Ministry of Science and Technology responsible for primarily establishing economic and technical standards shall submit these standards to the Minister of Science and Technology for issuance of a circular stipulating economic and technical standards for each public service using the state budget within the relevant industry or sector in accordance with assigned tasks.

3. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall issue decisions to establish economic and technical standards for public services using the state budget within the science and technology field at their localities.

Article 19. Annual budget preparation for funds from the state budget to implement public services using the state budget

1. Funds for establishing economic and technical standards for public services using the state budget within the management of the Ministry of Science and Technology shall be sourced from the state budget or other lawful sources. The establishment, allocation, and management of funds for establishing economic and technical standards shall comply with legal regulations.

2. Funds for implementing public services using the state budget within the management of the Ministry of Science and Technology shall be established based on issued economic and technical standards, complying with legal provisions and allocated in the annual budget of the organization implementing the public service.

Article 20. Responsibilities of the Ministry of Science and Technology

1. Organizing the establishment of economic and technical standards for public services using the state budget within the management of the Ministry of Science and Technology in accordance with this Circular.

2. Periodically reviewing, evaluating, adjusting, and supplementing economic and technical standards for public services using the state budget within the science and technology field in accordance with Decision No. 2099/QĐ-TTg.

3. Developing plans for issuing economic and technical standards for public services using the state budget; compiling the situation of establishing economic and technical standards in the science and technology field nationwide.

4. Organizing inspections and audits of the establishment and application of economic and technical standards for public services using the state budget within the science and technology field in accordance with legal regulations.

Article 21. Responsibilities of the People's Committee of the province, centrally governed city

1. To establish and promulgate economic-technical norms for public services funded by the state budget at the provincial and centrally governed city levels within their authority.

2. To inspect and audit within their authority the establishment and application of economic-technical norms for public services funded by the state budget in the field of science and technology under their management area.

Chapter VI
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Circular takes effect from May 15, 2020.

Article 23. Responsibility for Implementation

1. During implementation, if any difficulties arise, organizations and individuals shall report in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to ensure compliance.

2. In cases where the legal normative documents cited or referenced in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the new document.

3. The Director of the Planning and Finance Department is responsible for organizing guidance and implementing this Circular.

4. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of the province, centrally governed city, and related organizations and individuals are responsible for enforcing this Circular./.