Circular No. 30/2010/TT-BTC guiding financial management for the task of supplying public goods products and services in the road and inland waterway transport sectors.

 CIRCULAR

Guidelines on financial management for the provision of public goods and services in the road and inland waterway sectors

 

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005 of the National Assembly and related guiding documents;

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

Pursuant to the Decree No. 168/2003/NĐ-CP dated December 24, 2003 on sources of finance and management and use of finance for road management and maintenance;

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 the Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance; and Decree No. 75/2008/NĐ-CP dated June 9, 2008 amending and supplementing certain articles of the Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister, promulgating bidding, ordering, and plan assignment regulations for the production and supply of public goods and services;

The Ministry of Finance issues guidelines on financial management for the provision of public goods and services in the road and inland waterway sectors as follows:

Article 1. General Provisions:

1. Scope of Application: This includes public goods and services in the road and inland waterway sectors that are subject to bidding, ordering, or plan assignment by competent state authorities at prices or fees prescribed by the State, and are paid from the state budget.

2. Applicability: These Circular applies to units undertaking bidding, ordering, or plan assignment for the supply of public goods and services (units assigned tasks for national highways and inland waterways by the Ministry of Transport; provincial People's Committees assigning tasks for local roads and inland waterways); state-owned enterprises, enterprises belonging to other economic sectors, and cooperatives; public service organizations (hereinafter referred to as supply and production units of public goods and services), which have functions, tasks, or business registration consistent with activities in the road and inland waterway sectors.

Supply and production units of public goods and services must meet all conditions stipulated in Clause 2, Article 6, Clause 1, Article 12, and Point b, Clause 1, Article 17 of Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating bidding, ordering, and plan assignment regulations for the production and supply of public goods and services. The Prime Minister issues the bidding, ordering, and plan allocation regulations for the implementation of production and supply of public goods and services.

3. Implementation of bidding, ordering, and plan assignment for road management and maintenance; inland waterway management and maintenance according to road sections and inland waterway sections.

Specific lengths of road sections and inland waterway sections shall be defined by the Ministry of Transport for national highways and inland waterways; and by provincial People's Committees for local roads and inland waterways.

4. Duration of implementation of methods for supplying public goods and services for road management and maintenance; inland waterway management and maintenance:

- Bidding method: Applied to regular road management and maintenance, duration is three years

- Ordering method: Duration is one year;

- Plan assignment method: Duration is one year.

5. Criteria for classifying urban roads, deep rural and remote area roads shall be defined by the Ministry of Transport.

Article 2. Methods for supplying public goods and services:

1. Tendering: Applicable subjects include state-owned enterprises, enterprises belonging to other economic sectors, and cooperatives; public service units.

a) For roadways:

- Management and regular maintenance along roadway routes (excluding ferry piers and floating bridges on roadways, road tunnels and urban roads, deep and remote area roadways) with the price of public goods and services approved (referred to as the product and service price) according to the current regulations requiring tendering.

Based on specific conditions of each route, the Ministry of Transport (for national highways), People's Committees of provinces and centrally-administered cities (for local roads) shall consider and decide to implement the tendering method. In necessary cases, the Ministry of Transport (for national highways), People's Committees of provinces and centrally-administered cities (for local roads) shall consider and decide to implement the ordering method.

- Periodic repairs (medium and major repairs) of roadways (excluding road tunnels); repair to restore traffic after typhoons and floods and other causes to ensure traffic (second phase clearance) for projects or project components with the product and service price according to the current regulations requiring tendering.

b) For inland waterways:

Dredging and channel improvement; clearing obstacles from riverbeds; major repairs of retaining walls and flow regulation works; restoring inland waterway transport infrastructure due to flood and typhoon damage for projects or project components with the product and service price according to the current regulations requiring tendering.

2. Ordering or assigning plans:

2.1. Applicable subjects include state-owned enterprises, enterprises belonging to other economic sectors, cooperatives, and public service units not under the Ministry of Transport and Provincial Departments of Transport; implemented through the ordering method.

a) For roadways:

- Management and regular maintenance along urban road routes, deep and remote area roadways;

- Management and regular maintenance along roadway routes (excluding urban roads and deep and remote area roadways) with the product and service price lower than the price required for tendering according to current regulations.

- Activities serving the transportation of people and vehicles across rivers (including regular maintenance work: transportation equipment, ferry piers, floating bridges on roadways);

- Repair to restore traffic after floods and typhoons and other causes (first phase clearance);

- Periodic repairs (medium and major repairs); repair to restore traffic after floods and typhoons and other causes (second phase clearance) for projects or project components with the product and service price lower than the price required for tendering according to current regulations.

- Work related to organizing toll collection for road usage at toll stations (including regular maintenance work);

- Management and maintenance of road tunnels;

- Regular management and maintenance: materials, equipment, and backup vehicles for flood and typhoon prevention and restoration to ensure traffic;

b) For inland waterways:

- Regular management and maintenance along inland waterway routes; standby rescue and disaster relief operations during rainy seasons;

- Restoration of traffic after floods and typhoons for inland waterways;

- Regular management and maintenance of materials, equipment, and backup vehicles for flood and typhoon prevention and restoration to ensure traffic;

- Dredging and channel improvement; clearing obstacles from riverbeds; major repairs of retaining walls and flow regulation works; restoring inland waterway transport infrastructure due to flood and typhoon damage for projects or project components with the product and service price lower than the price required for tendering according to current regulations.

In necessary cases, tendering may be implemented according to current regulations.

2.2. Applicable subjects include public service units under the Ministry of Transport and Provincial Departments of Transport; implemented through the ordering or plan assignment method.

Based on the functions and tasks of public service units, management requirements, and current regulations; the Ministry of Transport (for national highways and national inland waterways), People's Committees of provinces and centrally-administered cities (for local roads and local inland waterways) shall decide on the appropriate ordering or plan assignment method.

a) For roadways:

- Management and regular maintenance along roadway routes (including urban road routes, deep and remote area roadways);

- Activities serving the transportation of people and vehicles across rivers (including regular maintenance work: transportation equipment, ferry piers, floating bridges on roadways);

- Periodic repairs (medium repairs); repair to restore traffic after floods and typhoons and other causes;

- Management and organization of toll collection for road usage at toll stations (including regular maintenance work);

- Management and maintenance of vehicle weight inspection stations;

- Management and maintenance of road tunnels;

- Regular management and maintenance of materials, equipment, and backup vehicles for flood and typhoon prevention and restoration to ensure traffic;

b) For inland waterways:

- Regular management and maintenance along each inland waterway route; standby rescue and disaster relief operations during rainy seasons;

- Restoration of traffic after floods and typhoons for inland waterways;

- Regular management and maintenance of materials, equipment, and backup vehicles for flood and typhoon prevention and restoration to ensure inland waterway traffic;

- Dredging and channel improvement; clearing obstacles from riverbeds; major repairs of retaining walls and flow regulation works; restoring inland waterway transport infrastructure due to flood and typhoon damage for projects or project components with the product and service price lower than the price required for tendering according to current regulations.

Units assigned plans must, when implementing and finding that they cannot perform a task, part, or stage of a task themselves, hire outside contractors and implement tendering or ordering according to this Circular.

3. For production tasks, construction, procurement of materials, tools, equipment, means of transportation, and other assets: Toll stations for using national roads, vehicle weight inspection stations, and reserves to serve work related to preventing and mitigating the consequences of typhoons and floods to ensure road traffic; production and procurement of signaling devices, materials, tools, equipment, and other assets to serve management, maintenance, and prevention and mitigation of the consequences of typhoons and floods to ensure inland waterway traffic. Major repairs of equipment, toll stations, vehicle weight inspection stations, and other assets (for roads); major repairs of equipment, means of transportation, station houses, and other assets (for inland waterways) shall be carried out through bidding, ordering, and planning according to current state regulations.

Article 3. Establishing, submitting, and approving prices for public goods and services:

To be implemented in accordance with the provisions of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance, Decree No. 75/2008/ND-CP dated June 9, 2008 of the Government amending and supplementing certain provisions of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance, and guiding documents of the Ministry of Finance and the Ministry of Transport.

Article 4. Supplying public goods and services:

Based on the assigned tasks of supplying public goods and services and the state budget estimate, according to specific tasks and projects stipulated in Clause 2 of this Circular:

1. Tendering: Based on the bidding plan approved by the competent authority for the assigned tasks of supplying public goods and services, the entity assigned the task shall organize bidding in accordance with the Bidding Law and current guiding documents; Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating the bidding, ordering, and planning implementation regulations for production and supply of public goods and services.

Based on the bidding results approved by the competent authority, the entity assigned the task shall enter into a contract for receiving the bid to supply public goods and services with the winning bidder in accordance with current regulations.

2. Ordering: Based on the assigned tasks of supplying public goods and services by the competent authority; the entity shall sign a contract for ordering the supply of public goods and services with state-owned enterprises, enterprises under various economic sectors, cooperatives, and public service units.

3. Assigning Plans: Based on the assigned tasks of supplying public goods and services by the competent authority; the entity shall organize and implement the tasks.

Article 5. Adjusting contract prices and prices for implementing tasks of supplying public goods and services:

To be implemented in accordance with Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating the bidding, ordering, and planning implementation regulations for production and supply of public goods and services: as stipulated in Article 10 for the bidding method, Article 14 for the ordering method (or designated bidding), price adjustment for the planning assignment method, and according to guiding documents of the Ministry of Finance and the Ministry of Transport.

Article 6. Payment and settlement of public goods and services:

Implemented in accordance with the provisions of Decision No. 256/2006/QĐ-TTg dated November 9, 2006 issued by the Prime Minister on the Procurement Regulations, Ordering, and Allocation Plan for Production and Supply of Public Goods and Services; Circular Joint Circular No. 10/2008/TTLT/BTC-BGTVT dated January 30, 2008 of the Ministry of Finance and the Ministry of Transport guiding the management, payment, and settlement of state budget funds for economic management and maintenance of national roads; Circular Joint Circular No. 09/2008/TTLT/BTC-BGTVT dated January 30, 2008 of the Ministry of Finance and the Ministry of Transport guiding the management, payment, and settlement of state budget funds for economic management and maintenance of inland waterways, and current regulations of the State. Article 7. Inspection Work:

The Ministry of Transport and Provincial Departments of Transport shall coordinate with financial agencies at the same level to organize regular and spot inspections of the use of state budget estimates; inspect the actual prices for performing tasks of supplying public goods and services; inspect production costs of public goods and services within their management authority according to current regulations on price management and related guidance documents.

This Circular takes effect 45 days from the date of signature. During implementation, if there are any difficulties, units are requested to report to the Ministry of Finance for research and resolution./.

Article 8. Implementation Organization:

This Circular takes effect 45 days from the date of signature. During the implementation process, if there are any difficulties, units are requested to report to the Ministry of Finance for study and resolution./.