Circular No. 29/2022/TT-BGTVT guiding the establishment of economic-technical norms for public services and public service activities funded by the State budget under the management responsibility of the Ministry of Transport

CIRCULAR

Guidelines for establishing economic and technical norms for public service activities funded by state budget under the management responsibility of the Ministry of Transport under the management responsibility of the Ministry of Transport

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism for public service units;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, procurement, and provision of products and services funded by the state budget from regular funding sources;

Based on the proposal of the Director of the Department of Science, Technology, and Environment and the Director of the Institute for Strategy and Transport Development;

The Minister of Transport hereby issues this Circular guiding the establishment of economic and technical norms for public service activities funded by the state budget under the management responsibility of the Ministry of Transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the establishment of economic and technical norms for public service activities funded by the state budget under the management responsibility of the Ministry of Transport.

Article 2. For public service activities involving construction work, the establishment of economic and technical norms for construction activities shall be carried out in accordance with the provisions of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on construction cost management, Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government on construction quality, construction works, and maintenance management, and the guidelines of the Ministry of Construction.

Article 2. Applicability

This Circular applies to organizations and individuals related to the establishment of economic and technical norms for public service activities funded by the state budget under the management responsibility of the Ministry of Transport.

Article 3. Explanation of Terms

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

Article 1. Public service activities funded by the state budget under the management responsibility of the Ministry of Transport are public service activities issued by competent authorities, guaranteed or supported by the State with financial resources to implement under the management responsibility of the Ministry of Transport.

Article 2. Economic and technical norms are the necessary consumption levels regarding labor, means of transportation, machinery, equipment, materials, fuel, energy, spare parts, tools, and other consumptions (if any) required to complete a public service product or a volume of work within specific conditions.

Article 4. Principles of establishing economic and technical norms

Article 1. Adherence to national technical standards and regulations, technical procedures published and issued by competent state agencies for the implementation of public service activities, ensuring progressiveness, consistency, and inheritance.

Article 2. Established based on scientific and technological achievements, ensuring stability over a certain period and suitability to practical requirements.

Article 3. Established separately for each product or service or groups of similar products or services in terms of content, implementation procedures, nature, means, and sequence of work items; these groups of services must be clearly explained during the establishment of economic and technical norms.

Article 4. Ensuring consistency in the work of establishing economic and technical norms, meeting the management requirements of public service activities of the Ministry of Transport.

Article 5. Ensuring accuracy, completeness, appropriateness, and effectiveness in the management and implementation of public service activities.

Chapter II

CONTENT AND METHODS FOR ESTABLISHING ECONOMIC AND TECHNICAL NORMS

Article 5. Basis for establishing economic and technical norms

1. National technical standards and regulations, technical procedures, technological processes, design documents, and technical materials provided by manufacturers.

2. Current laws and regulations on working conditions for workers.

3. Actual operating conditions of units regarding human resources, material infrastructure, technical equipment, financial resources, land; organizational capacity and level of provision of public service activities by the unit.

4. Statistical data, actual survey data, and related documents.

5. Established economic and technical norms and specialized procedures for determining economic and technical norms to determine consumption rates for each job or group of jobs.

6. List of public services using state budget funds issued by competent authorities.

Article 6. Methods for establishing economic and technical norms

1. Statistical and comprehensive method: this method is based on annual statistical data or reports (statistical data must ensure reliability and legality over a minimum period of three consecutive years prior to the establishment of economic and technical norms) and relies on practical experience or comparative parameters to establish economic and technical norms.

2. Comparative method: this method is based on established norms for similar work or products in practice to establish economic and technical norms.

3. Standard method: this method is based on labor time standards, rest regulations, machine and equipment consumption levels prescribed by law to establish labor and machine/equipment norms for each job or group of jobs.

4. Experimental analysis method: this involves organizing surveys and experiments according to each process and content of work; basing results from these surveys and experiments to analyze and calculate each factor constituting the norm.

5. Comprehensive method: this method combines two or more methods specified in Clauses 1, 2, 3, and 4 of this Article.

Article 7. Content of economic and technical norms

Economic and technical norms include the following main contents:

1. Guidelines for applying economic and technical norms including: scope of application, subjects of application; application conditions; natural and social factors and other conditions related to performing the work to determine corresponding adjustment coefficients for different levels of difficulty compared to application conditions (if necessary).

2. Work content: list and describe the work content, basic and key operations to perform the work from preparation to completion to provide a public service.

3. Consumption norms: these are the necessary consumptions to complete a public service product or a volume of work in a public service.

4. Procedures for establishing the content of economic and technical norms; reporting documents on the results of establishing economic and technical norms and determining the consumptions of economic and technical norms are carried out according to the Appendix attached to this Circular.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the leading agency in establishing economic and technical norms

1. Organize the establishment of economic and technical norms according to the guidelines in this Circular, Circular No. 26/2022/TT-BGTVT dated October 20, 2022 of the Minister of Transport on issuing legal regulatory documents of the Ministry of Transport and relevant laws.

2. Check and review the results of establishing economic and technical norms. If necessary, propose audit plans for the results of establishing economic and technical norms.

3. Be responsible for the quality and accuracy of data and indicators of economic and technical norms.

4. Review, propose timely amendments, supplements, or replacements of economic and technical norms to meet management requirements and practical needs.

Article 9. Responsibilities of the agency providing advisory services for setting economic and technical standards

1. Inspect and review the files for establishing economic and technical standards to ensure compliance with the provisions of this Circular, Circular No. 26/2022/TT-BGTVT dated October 20, 2022, issued by the Minister of the Ministry of Transport on issuing legal normative documents of the Ministry of Transport, and related legal provisions.

2. Bear responsibility for the relevant contents within the economic and technical standards.

Article 10. Budget for Establishing Economic and Technical Standards

1. The budget for establishing economic and technical standards shall be allocated from the state budget and other lawful sources of funding.

2. The establishment, allocation, and management of the budget for establishing economic and technical standards shall be carried out in accordance with the provisions of the State Budget Law and other related laws.

Article 11. Effective Date

1. This Circular takes effect from February 1, 2023.

2. For public services under the transport sector not covered by the scope of regulation of this Circular and which have not yet been provided with guidelines for establishing economic and technical standards, organizations and individuals involved may refer to the guidelines set forth in this Circular during the process of establishing such standards.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replacing legal normative documents shall apply.

Article 12. Implementation Organization

The Head of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Directors of Bureaus under the Ministry of Transport, the Heads of agencies, units, and individuals concerned are responsible for implementing this Circular./.