Circular No. 26/2014/TT-BGTVT guiding bidding, ordering production and supplying public goods products and services for national inland waterway management and maintenance within the central budget expenditure plan.

CIRCULAR

Guidelines for tendering, ordering production and supplying public goods and services

for national inland waterway management and maintenance within the central government budget estimate

 of the central government budget

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to Decree No. 51/2005/NĐ-CP dated April 11, 2005 of the Government on sources of finance and management and use of financial resources for inland waterway management and maintenance;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on the production and supply of public goods and services.

Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain provisions of 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;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Finance and the Director General of the Vietnam Inland Waterways Administration,

The Minister of Transport issues this Circular guiding tendering, ordering production and supplying public goods and services for national inland waterway management and maintenance within the central government budget estimate.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the mechanism for tendering, ordering production and supplying public goods and services for national inland waterway management and maintenance within the central government budget estimate.

Article 2. Applicability

This Circular applies to organizations and individuals related to tendering, ordering production and supplying public goods and services for national inland waterway management and maintenance within the central government budget estimate.

Article 3. Public Goods and Services for National Inland Waterway Management and Maintenance

1. Public goods and services for regular management and maintenance of national inland waterways include:

a) Investigation, survey, monitoring and reporting on the actual conditions of navigation channels for vessels and boats;

b) Organizing traffic, inspecting, and protecting inland waterway infrastructure works;

c) Management, installation, adjustment of inland waterway signals on land and underwater; monitoring hydrological data, water levels, vessel counts;

d) Dredging to ensure technical standards of navigation channels for vessels and boats according to published inland waterway technical grades;

đ) Regular repair and maintenance of signals, equipment, facilities serving on operational inland waterway routes.

2. Public goods and services for inland waterway construction project repairs (routine repairs, emergency repairs) include:

a) Channel dredging, clearance of obstacles in channels and protection zones;

b) Major repair of signals, equipment, systems, retaining walls, flow regulation structures, architectural works, station facilities for waterway management;

c) Periodic replacement and supplementation of signals, equipment;

d) Emergency repair of inland waterway projects to prevent, mitigate flood and storm damage, ensuring traffic.

Article 4. Methods of Supplying Public Goods and Services for National Inland Waterway Management and Maintenance

1. For regular management and maintenance of national inland waterways: Tendering shall be implemented, if tendering conditions are not met, ordering shall be implemented.

2. For inland waterway construction project repairs (routine repairs, emergency repairs):

a) Implement through bidding, except for cases stipulated in point b and point c of this clause.

b) Ordering shall be implemented if tendering conditions are not met for: construction and procurement goods and services with a value not exceeding VND 1 billion; consulting goods and services with a value not exceeding VND 500 million.

c) For emergency repairs to mitigate flood and storm damage and natural disasters: ordering shall be implemented in accordance with Articles 20 and 21 of Circular No. 37/2010/TT-BGTVT dated December 1, 2010 of the Minister of Transport on flood and storm prevention, mitigation, and disaster response and rescue operations on inland waterways.

3. The Director General of the Vietnam Inland Waterways Administration shall decide on the method of implementation for each specific product and service based on Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government and this Circular, the particularities of inland waterway management and maintenance, and current circumstances, and shall be responsible under the law for such decisions.

Chapter II

TENDERING AND ORDERING PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES FOR NATIONAL INLAND WATERWAY MANAGEMENT AND MAINTENANCE

NATIONAL INLAND WATERWAYS

Article 5. Organizing tender for the production and supply of public goods products and services for inland waterway management and maintenance

1. Based on the state budget expenditure estimate assigned by the Ministry of Transport, the Vietnam Inland Waterways Administration shall organize the implementation of tender to select entities to carry out the production and supply of public goods products and services for inland waterway management and maintenance in accordance with Chapter II of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government. The organization of tender for the production and supply of public goods products and services for inland waterway management and maintenance shall only be carried out when the following conditions are met:

a) The tender 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) Content, list of public goods products and services for inland waterways and approved prices: For public goods products and services for regular inland waterway management and maintenance, there must be an approved plan and price; for public goods products and services with construction characteristics, there must be an approved technical design and price; for public goods products and services with consultancy characteristics, there must be an approved outline (task) and price; for public goods products and services with procurement characteristics, there must be an approved content and list of goods and price.

2. The division of tender packages for regular inland waterway management and maintenance must ensure suitability with the characteristics and scale of the waterway route. The establishment, review, and approval of the tender plan, invitation to tender, selection of contractors, and other related tender activities shall be implemented in accordance with the provisions of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government and the laws on tendering.

3. The price of tender packages for public goods products and services in the management and maintenance of inland waterways shall be organized by the Regional Inland Waterways Management Office or the Project Management Board under the Vietnam Inland Waterways Administration or the Department of Transport for national inland waterways authorized by the Ministry of Transport to manage and maintain (hereinafter referred to as the Department of Transport) to establish and review; the Vietnam Inland Waterways Administration shall approve.

4. Contractors participating in the tender for the production and supply of public goods products and services for inland waterways must meet the conditions stipulated by the laws on tendering. The form of tender shall be implemented in accordance with the provisions of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government.

Article 6. Responsibilities of agencies and units in organizing tender for the production and supply of public goods products and services for inland waterway management and maintenance

1. The Vietnam Inland Waterways Administration shall fulfill the responsibilities of the competent authority as prescribed by the Law on Tendering.

2. The Regional Inland Waterways Management Office or the Project Management Board under the Vietnam Inland Waterways Administration or the Department of Transport shall be responsible for establishing, reviewing, and submitting to the Vietnam Inland Waterways Administration for approval the tender plan; fulfilling the responsibilities of the investor and the tender inviter as prescribed by the Law on Tendering.

3. The procedures, formalities, and other contents related to the establishment, review, and approval of the tender plan; the bidding process; negotiation, completion, signing of contracts, and other related works must be carried out in accordance with the provisions of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government, the laws on tendering, and the provisions of this Circular.

Article 7. Acceptance, payment, and settlement of public goods and services implemented through bidding shall be carried out in accordance with the provisions set forth.

On the basis of the approved contractor selection results, the Regional Inland Waterways Management Office or the Project Management Board under the Vietnam Inland Waterways Administration or the Department of Transport shall implement contract signing, supervision, acceptance, and payment to the contractor in accordance with regulations; compile and submit the annual settlement report to the Vietnam Inland Waterways Administration for examination and approval in accordance with regulations.

Chapter III

ORDERING THE PRODUCTION AND SUPPLY OF PUBLIC GOODS PRODUCTS AND SERVICES FOR MANAGEMENT,

NATIONAL INLAND WATERWAYS

Article 8. Organizing bodies placing orders to implement production and supply of public goods products and services for inland waterway management and maintenance

1. Based on the state budget expenditure estimate assigned by the Ministry of Transport and the approved prices of public goods products and services, the Inland Waterways Administration Region or the Department of Transport shall enter into contracts to place orders for the production and supply of public goods products and services for inland waterway management and maintenance in accordance with Chapter III of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government. The contract shall include the following main indicators:

a) Name of public goods product or service;

b) Quantity, volume;

c) Quality and specifications;

d) Price, unit price;

đ) Subsidy level (if any);

e) Quantity, volume of subsidized public goods products and services;

g) Contract value;

h) Completion time;

i) Delivery: time, location, method;

k) Acceptance and payment methods;

l) Responsibilities and obligations between the ordering agency and the producer and supplier of public goods products and services accepting the order;

m) Responsibilities of the parties for breach of contract and procedures for resolution.

The parties may agree to supplement other contents in the contract but must not contravene the provisions of the law and must not change the approved price of public goods products and services for inland waterway management and maintenance.

2. The price of public goods products and services for inland waterway management and maintenance implemented through the ordering method shall be determined based on current regulations of the State; prepared by the producer or supplier of public goods products and services; reviewed by the Inland Waterways Administration Region or the Department of Transport; and approved by the Vietnam Inland Waterways Administration.

3. Producers and suppliers of public goods products and services in inland waterway management and maintenance must meet the following conditions:

a) They must have registered business activities, appropriate operations, sufficient financial capacity, technical and technological production levels, management level, and worker skills that meet the requirements of the ordered contract.

b) They must have a registration document to accept orders from the Inland Waterways Administration Region or the Department of Transport regarding the implementation of production and supply of public goods products and services for inland waterways.

Article 9. Adjustment of ordering contracts

1. Ordering contracts for the production and supply of public goods products and services in inland waterway management and maintenance may only be adjusted in the following cases:

a) The State adjusts economic and technical norms; prices and unit prices of public goods products and services.

b) The State changes mechanisms and policies related to wages, prices of raw materials, fuels, and materials.

c) Force majeure as defined by law affects the production and supply of public goods products and services.

2. The Inland Waterways Administration Region or the Department of Transport shall adjust the ordered contract after receiving written approval from the Vietnam Inland Waterways Administration; such adjustments must comply with the provisions of Clause 1 of this Article and within the annual state budget allocation.

Article 10. Acceptance, payment, and settlement of public goods products and services implemented through the ordering method

The Inland Waterways Administration Region or the Department of Transport shall enter into contracts to place orders for the acceptance, payment, and settlement of the production and supply of public goods products and services for inland waterway management and maintenance according to the procedures stipulated by the State; compile and submit the annual budget settlement to the Vietnam Inland Waterways Administration for review as prescribed.

Chapter IV

IMPLEMENTATION

Article 11. Effective Date

1. This Circular takes effect from January 1, 2015.

2. Abolish previous provisions that contradict the provisions of this Circular.

Article 12. 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 Inland Waterways Administration, the Directors of Provincial Transport Departments, the Heads of units, organizations, and individuals involved are responsible for implementing this Circular.

2. The Finance Department shall be responsible for inspecting the implementation of this Circular.

3. During the implementation process, if there are any difficulties or issues, the relevant agencies and units are requested to report to the Ministry of Transport for consideration and resolution.