Decree No. 32/2019/ND-CP on assigning tasks, placing orders, or tendering for the provision of public goods and services funded by state budget from regular expenditure funds

DECREE

REGULATIONS ON ASSIGNING TASKS, ORDERING OR BIDDING TO PROVIDE PUBLIC PRODUCTS AND SERVICES USING THE STATE BUDGET FROM CURRENT EXPENDITURE FUNDS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Bidding Law dated November 26, 2013;

Pursuant to the Price Law dated June 20, 2012;

At the proposal of the Minister of Finance;

The Government promulgates this Decree on assigning tasks, ordering or bidding to provide public products and services using the State budget from current expenditure funds.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the assignment of tasks, ordering or bidding to provide public products and services using the State budget from current expenditure funds.

Article 2. Applicability

1. Ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to as ministries and central agencies), People's Committees of provinces and centrally-administered cities (People's Committees at provincial level), People's Committees of districts, counties, towns, and centrally-administered city districts (People's Committees at district level), management agencies authorized to assign tasks, order, and bid to provide public products and services funded by the State budget from current expenditure funds.

2. Public service establishments established by competent state authorities in accordance with the law, having legal personality, providing public services, serving state administration.

3. Enterprises of all economic sectors, organizations, units (including public service establishments not directly affiliated with agencies assigned budgets for ordering or bidding to provide public products and services), cooperatives with legal personality, independent practitioners registered in accordance with the law capable of supplying public products and services in line with the requirements for providing public products and services by the State (hereinafter collectively referred to as other public service providers; producers or suppliers of public goods and services or contractors when participating in bidding in accordance with the law on bidding); relevant agencies and organizations involved in organizing implementation and providing public products and services.

4. The Ministry of National Defense, the Ministry of Public Security, political organizations, political-social organizations, occupational social-political organizations shall apply the provisions of this Decree and other relevant laws regarding the assignment of tasks, ordering or bidding to provide public products and services using the State budget from current expenditure funds allocated by competent authorities.

5. Ministries, central agencies, localities, enterprises, organizations, agencies, units implementing public services; public goods and services from other sources of finance (not using State budget funds) are encouraged to apply the provisions of this Decree.

Article 3. Explanation of Terms

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

1. Public products and services are essential products and services for the country's socio-economic life, community or ensuring national defense and security that the State must organize to implement in fields such as education and training; vocational education; health; culture, sports, and tourism; information and communication; science and technology; natural resources and environment; transportation; agriculture and rural development; industry and trade; construction; labor, invalids, and social affairs; judiciary and other fields as prescribed by the Government. Public products and services include public services and public goods and services.

2. Public products and services using the State budget from current expenditure funds (hereinafter referred to as public products and services) include: Public services funded by the State budget and public goods and services.

3. Public services funded by the State budget are public services where the State guarantees all costs or public services whose costs are not fully covered in prices or fees, supported by the State budget.

4. Public goods and services are products and services whose production and supply through market mechanisms cannot offset costs or have special characteristics; subsidized by the State for the difference between the consumption price, product or service price according to State regulations, or the difference between the amount paid by beneficiaries of public goods and services according to State regulations, and the reasonable cost of producers or suppliers of public goods and services to produce and supply public goods and services ordered by the State (or assigned tasks in accordance with specialized laws if applicable).

5. Subsidizing public goods and services is a fixed financial support amount per unit of public goods and services provided by the State to producers or suppliers of public goods and services to produce and supply public goods and services ordered by the State (or assigned tasks in accordance with specialized laws if applicable).

6. Reasonable costs of producers or suppliers of public goods and services are actual expenses incurred related to the production and supply of public goods and services in compliance with the Enterprise Income Tax Law and related legal documents.

7. Consumption price regulated by the State is the price set by the State for public goods and services producers or suppliers to sell to the market.

8. Assigning tasks to provide public services funded by the State budget is the act of state agencies assigning tasks to public service establishments to carry out in accordance with their functions and responsibilities for providing public services as decided by competent authorities.

Article 4. Sources of funds for providing public products and services

1. Regular budget funds allocated to state-run enterprises and economic activities in accordance with the State Budget Law, including:

a) Funds for assigning tasks, placing orders, or tendering to provide public products and services by central ministries and agencies from the central budget;

b) Funds for assigning tasks, placing orders, or tendering to provide public products and services by localities from the local budget.

2. Fees retained for service provision activities and fee collection as prescribed by laws on fees and charges.

3. Service revenue from public services priced by the State.

4. Other sources as prescribed by law (if any).

Article 5. List of Public Products and Services

1. The list of public products and services funded by regular budget funds includes:

a) The list of public services funded by state budget funds;

b) The list of public utility products and services.

2. The list of public services funded by state budget funds as specified in Appendix I (Table 01 and Table 02) accompanying this Decree includes:

a) Table 01. Public services funded by state budget funds by sector and field.

Detailed lists of public services funded by state budget funds for central ministries and agencies as decided by the Prime Minister; detailed lists of public services funded by state budget funds within the jurisdiction of localities as decided by the Chairman of the People's Committee at provincial level.

b) Table 02. Some public services funded by state budget funds.

3. The list of public utility products and services as specified in Appendix II accompanying this Decree.

Article 6. Methods of Assigning Tasks, Placing Orders, and Tendering for Providing Public Products and Services

1. Public services funded by state budget funds shall be implemented through methods of assigning tasks, placing orders, or tendering.

2. Public utility products and services shall be implemented through methods of placing orders or tendering (or assigning tasks as prescribed by specialized laws).

3. Central ministries and agencies, provincial People's Committees, district People's Committees, or subordinate management agencies authorized to select appropriate methods of providing public products and services in compliance with the conditions stipulated in Chapters II and III of this Decree and specialized laws (if any).

Article 7. Competence to decide on the method of assigning tasks, placing orders, or tendering for the provision of public products and services

1. Ministries, central agencies, or directly subordinate management agencies authorized to decide on assigning tasks or placing orders for the provision of public products and services to state-owned public service units under their direct administration; placing orders (or assigning tasks as prescribed by specialized laws) with other public service providers; manufacturers or suppliers of public utility products or services, or organizing tenders according to regulations from the central budget.

2. Provincial People's Committees, District People's Committees, or directly subordinate management agencies authorized to decide on assigning tasks or placing orders for the provision of public products and services to state-owned public service units under their direct administration; placing orders (or assigning tasks as prescribed by specialized laws) with other public service providers; manufacturers or suppliers of public utility products or services, or organizing tenders according to regulations from local budgets.

3. In cases where tasks or orders are assigned for public products and services with special characteristics from the central budget (if applicable), implementation shall be carried out according to the Decision of the Prime Minister.

Article 8. Methods and Competence to Decide on Prices, Unit Prices, and Subsidy Levels for Public Products and Services

1. For public services using state budget funds

a) Public services using state budget funds that implement task assignments: Based on the quantity and volume of tasks; financial systems, standards, and expenditure norms prescribed by competent state authorities; ministries, central agencies, provincial people's committees, district people's committees, or directly subordinate management agencies authorized to approve the budget estimates for task assignments to provide public services to state-owned public service units.

b) Public services using state budget funds that implement orders: Pricing methods, competent authorities for pricing, and pricing procedures, unit prices according to the laws on prices and related laws.

2. For public utility products and services

Pricing methods, competent authorities for pricing, and pricing procedures, unit prices, and subsidy levels for public utility products and services according to the laws on prices and related laws.

3. Prices and unit prices for public products and services are determined based on economic and technical norms, cost norms issued by competent authorities. Among these, labor costs in prices and unit prices for public products and services are calculated based on the basic salary, salary coefficient for rank and position, allowances, contributions according to salary as stipulated by the State for state-owned public service units, and labor norms, cost norms (if any) issued by ministries, central agencies, and provincial people's committees within their authority. Specifically, labor costs and manpower costs in prices and unit prices for public utility products and services listed in Appendix II attached to this Decree and labor costs and wages in unit prices for public services using state budget funds listed in Table 02 of Appendix I attached to this Decree for enterprises contracted through orders or tenders (or assigned tasks as prescribed by specialized laws) shall follow the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

4. For products and services included in the list of public utility products and services specified in Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on the production and supply of public utility products and services when transitioning to the list of public services using state budget funds specified in this Decree, the competence to decide on prices for each corresponding service continues to be implemented as for the list of public utility products and services specified in the Law on Prices and guiding documents.

Chapter II

ASSIGNING TASKS, PLACING ORDERS, OR TENDERING FOR THE PROVISION OF PUBLIC SERVICES USING STATE BUDGET FUNDS

Section 1: ASSIGNING TASKS FOR THE PROVISION OF PUBLIC SERVICES USING STATE BUDGET FUNDS

Article 9. Conditions for Assigning Tasks for the Provision of Public Services Using State Budget Funds

1. The assignment of tasks for the provision of public services using state budget funds shall only be implemented for public service units directly subordinate to the superior administrative body that has been allocated funds for providing public services.

2. Assigning tasks for the provision of public services using state budget funds to public service units when meeting the following conditions simultaneously:

a) The public service unit has functions and tasks in providing public services consistent with the public services provided according to the decision of the competent authority. Additionally, for public service units assigned tasks in fields requiring state permission to operate, they must also meet the condition of being units that have been granted permission by the competent authority in accordance with the relevant laws.

b) The public service unit has been granted financial autonomy by the competent authority in accordance with the self-management mechanism of public service units in each field;

c) The provision of public services is a regular annual task of the unit, already and currently assigned by the superior administrative body;

d) For the list of public services without established economic and technical norms and unit prices, they are carried out based on reasonable quantities, volumes, and costs according to the approved budget by the competent authority.

3. Special conditions for assigning tasks for the provision of public services using state budget funds (if any) are stipulated in Clause 3 of Article 7 of this Decree and implemented according to the Decision of the Prime Minister.

Article 10. Assignment of Tasks for the Provision of Public Services Using State Budget Funds

1. Assignment of tasks for the provision of public services according to the list of public services specified in Table 01 of Appendix I issued together with this Decree.

2. Basis for assignment of tasks:

a) Budget revenue and expenditure plan assigned by the competent authority;

b) Decision of the competent authority regarding the list of public services using state budget funds to be implemented through task assignment methods.

3. Content of task assignment:

a) Quantity and volume of public services (in cases where these can be specifically determined) or detailed tasks;

b) Quality of public services (according to criteria and standards issued by the competent state agency);

c) Implementation period and completion time;

d) Budget estimate for the task of providing public services based on quantity, volume, public service tasks, current financial expenditure regulations, and approved by the competent authority; detailed according to the following sources:

- State budget.

- Fees retained for service provision activities and fee collection according to the law on fees and charges.

- Revenue from public services at prices set by the state.

đ) Advance payment, settlement, and finalization of task assignment funds;

e) Inspection and handover of products (if applicable);

g) Responsibilities of the public service unit implementing the task;

h) Responsibilities of the superior administrative body assigning the task;

i) Other contents as prescribed by specialized laws (if any).

4. Form of task assignment: Decision of the superior administrative body assigning tasks for the provision of public services using state budget funds to public service units.

Article 11. Adjustment of funds for the assignment of tasks to provide public services funded by state budget

1. The State changes the mechanism and salary policy.

2. The superior management agency adjusts the assigned tasks to the public service units due to changes in the number or volume of implementation or due to objective reasons.

Section 2: ORDERING THE PROVISION OF PUBLIC SERVICES FUNDED BY STATE BUDGET

Article 12. Conditions for ordering the provision of public services funded by state budget

a) Meeting the conditions stipulated in points a, b, and c of Clause 2, Article 9 of this Decree;

b) The list of public services has economic and technical norms and unit prices established by competent authorities as the basis for placing orders;

c) Other ordering conditions as prescribed by relevant laws (if applicable).

a) Other service providers have registered business activities suitable for the field of public services being ordered; they must have sufficient financial capacity, material infrastructure, equipment, machinery, technical expertise, production technology, management level, and workforce to meet the requirements of the order. Additionally, for other service providers operating in fields requiring state permission, they must also be service providers who have been granted permission by competent authorities in accordance with specialized laws;

b) The list of public services has special characteristics related to intellectual property rights or only one provider has registered to perform them;

c) The list of public services has economic and technical norms and unit prices established by competent authorities as the basis for placing orders;

3. Special conditions for ordering the provision of public services funded by state budget as stipulated in Clause 3, Article 7 of this Decree shall be implemented according to the Prime Minister's Decision.

4. In cases where the ordering of public services funded by state budget is already regulated in specialized laws, it shall be implemented according to the provisions of such laws (if applicable).

1. Budget estimates for revenue and expenditure assigned by the competent authority.

2. Decision of the competent authority on the list of public services funded by state budget to be implemented through the ordering method.

3. Unit prices and prices for public services funded by state budget for ordering are determined based on current economic and technical norms and cost standards set by the State and decided by the competent authority in accordance with laws on pricing and other relevant laws. For ordering public services provided by public service units, the basis is the price schedule that covers full costs or does not cover full costs according to the self-management mechanism of public service units in each field (education and training; vocational education; health; culture, sports and tourism; information and communication; science and technology; economic public services and other public services).

4. If the public service falls within the list of fee-charging services, the fee level for public services shall be implemented according to the laws on fees and charges.

5. Other ordering bases as prescribed by specialized laws (if applicable).

6. Based on the assigned budget estimate; the list of public services for ordering; unit prices, prices, and fees for public services decided by the competent authority; other ordering bases (if applicable), the superior management agency determines the quantity and volume of public services to place orders for the implementing units. In cases where public service units operate under prices and fees that do not fully cover costs, the state budget will support the part of the costs not included in the prices and fees of public services.

Article 14. Ordering the provision of public service activities using state budget funds

1. Forms of ordering

a) Ordering from public service units to be implemented in the form: The decision of the superior management agency ordering the public service unit under its jurisdiction to provide public services using state budget funds (in accordance with Model No. 01 issued together with this Decree);

b) Ordering from other public service providers to be implemented in the form: Public service procurement contract using state budget funds (in accordance with Model No. 03 issued together with this Decree).

2. List of ordered public services according to the list prescribed in Appendix I issued together with this Decree.

3. Content of ordering

a) List of public services using state budget funds: Quantity, volume of ordered public services;

b) Quality of public services (according to criteria and standards issued by the competent state agency);

c) Implementation period and completion time;

d) Unit price, ordering price according to the decision of the competent authority in accordance with the laws on prices and other related laws;

đ) Budget estimate for ordering (in the case of ordering from public service units) or contract value (in the case of signing a procurement contract with other public service providers), including details as follows:

- State budget funds for ordering (at full cost price) or state budget funds supporting the part of costs not included in the price, service fees (if the price does not cover all costs);

- Fees retained for service provision activities, collected according to the law on fees and charges;

- Revenue from public services at prices set by the state.

- Other sources (if any).

e) Payment and settlement methods;

g) Acceptance and handover procedures;

h) Rights and obligations of the public service provider;

i) Rights and obligations of the ordering agency;

k) In addition, the parties may supplement other contents but not contrary to the provisions of the law.

4. Besides the ordering contents prescribed in Clause 3 of this Article, ministries, central agencies, localities may supplement other ordering contents to suit the management requirements for specific fields or in accordance with the ordering contents prescribed by specialized laws (if any).

Article 15. Adjustment of budget for ordering the provision of public services using state budget funds

1. The State changes the mechanism and salary policy.

2. The State adjusts economic and technical norms, cost norms, prices, unit prices of public services, changes the quantity, volume of ordered public services.

3. Force majeure causes as prescribed by law affecting the provision of public services.

Section 3: BIDDING FOR THE PROVISION OF PUBLIC SERVICES USING STATE BUDGET FUNDS

1. Based on functions and business registration in line with the public services participating in bidding; based on the provisions of specialized laws for contractors providing services in sectors subject to state permission to operate and other conditions for participation in bidding as prescribed by relevant laws (if any); contractors are allowed to participate in bidding for the provision of public services according to the list prescribed in Appendix I issued together with this Decree in the following forms:

a) Open tendering for public services in accordance with Article 20 of the Bidding Law; except for cases prescribed in point b, Clause 1, Article 16 of this Decree;

b) Restricted tendering for public services in accordance with Article 21 of the Bidding Law.

2. Provisions on bidding and related contents to bidding for the provision of public services using state budget funds shall be implemented in accordance with the Bidding Law, Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Bidding Law on selecting contractors and amended and supplemented documents (if any); and other related laws.

Chapter III

ORDERING, BIDDING FOR THE PRODUCTION AND SUPPLY OF UTILITY PRODUCTS AND SERVICES

Section 1: ORDERING THE PRODUCTION AND SUPPLY OF PUBLIC UTILITY PRODUCTS AND SERVICES

Article 17. Conditions for Ordering the Production and Supply of Public Utility Products and Services

a) The manufacturer or supplier of public utility products and services must have registered business activities consistent with the ordered production and supply fields; they must possess sufficient financial capacity, physical facilities, equipment, machinery, technical expertise, production technology, management level, and workforce to meet the requirements of producing and supplying public utility products and services according to the order contract. Additionally, for manufacturers and suppliers of public utility products and services operating in areas requiring state permission, they must also meet the condition of having been granted permission by the competent authority as stipulated by specialized laws.

b) The list of public utility products and services with specific characteristics due to intellectual property rights or having only one registered supplier.

c) Public utility products and services whose consumption prices, product service prices, and subsidy levels are decided by the competent authority in accordance with the law on pricing and other relevant laws.

2. The conditions for ordering public utility products and services specified in Clause 1 of Section I and Clause 2 of Section II of Appendix II issued together with this Decree shall be implemented in accordance with specialized laws and other relevant laws; the provisions on ordering in this Decree shall apply.

3. The conditions for ordering the production and supply of public utility products and services with specific characteristics (if any), as stipulated in Clause 3 of Article 7 of this Decree, shall be implemented according to the Prime Minister's Decision.

4. In cases where the production and supply of public utility products and services are already regulated in specialized laws, they shall be implemented in accordance with such laws (if applicable).

5. For public utility products and services specified in Clause 1 of Section I of Appendix II issued together with this Decree, if specialized laws stipulate the assignment method, it can be implemented through assignment; however, it is encouraged to apply the ordering form. Provisions regarding the conditions for assignment and other related contents shall be carried out in accordance with specialized laws, the State Budget Law, and other relevant laws; they shall be applied according to the provisions on assigning the provision of public service goods funded by the state budget as stipulated in Section I Chapter II of this Decree.

1. The budget estimate assigned by the competent authority for ordering the production and supply of public utility products and services.

2. Indicators for the production and supply of public utility products and services; budget estimates for reasonable production and supply costs of public utility products and services.

3. Unit price, order price; subsidy level, determined based on the application of current national economic and technical norms, cost norms, and decided by the competent authority in accordance with the law on pricing and other relevant laws. In cases where public utility products and services charge fees, it shall be based on the fee levels set by the state.

4. Consumption price; unit price, product and service price according to state regulations or the amount paid by the beneficiary of public utility products and services in accordance with state regulations.

5. Based on the assigned budget estimate, unit price, order price, reasonable costs, consumption price, product and service price, subsidy level, and other ordering bases prescribed by other relevant laws (if any), the ordering agency shall determine the quantity and volume of subsidized public utility products and services to sign the ordering contract. If the consumption price; unit price, product and service price according to state regulations or the amount paid by the beneficiary of public utility products and services in accordance with state regulations at Clause 4 of this Article is lower than the reasonable cost of the manufacturer or supplier of public utility products and services, then the manufacturer or supplier of public utility products and services shall be subsidized according to the quantity or volume of ordered public utility products and services.

Article 19. Contents of the Order Contract for the Production and Supply of Public Goods and Services

1. Contents of the Order Contract:

a) Name of public goods and services ordered: Quantity, volume of public goods and services;

b) Quality of public goods and services (according to criteria and standards issued by competent state agencies);

c) Price, unit price, subsidy level;

d) Quantity, volume of subsidized public goods and services;

đ) Value of the contract;

e) Implementation time, completion time;

g) Revenue, costs from production and supply activities of public goods and services (if necessary);

h) Consumption price of public goods and services;

i) Reasonable production and supply costs of public goods and services;

k) Delivery: Time, location, method;

l) Payment and settlement methods;

m) Acceptance and termination procedures of the contract;

n) Rights and obligations of the ordering agency and the producer/supplier of public goods and services;

o) Liability of the parties for breach of contract and dispute resolution procedures;

p) The parties may agree on additional contents in the contract that do not contravene the provisions of the law and do not change the price of public goods and services.

2. In addition to the contents of the order contract stipulated in Clause 1 of this Article, ministries, central agencies, and localities may supplement other contents of the order contract to suit management requirements for specific fields or according to the Model Contract prescribed by specialized laws (if applicable).

3. The order contract for the production and supply of public goods and services shall be implemented according to Model No. 03 promulgated together with this Decree.

Article 20. Amendment of the Order Contract for the Production and Supply of Public Goods and Services

1. The order contract for the production and supply of public goods and services can only be amended upon permission from the competent authority.

2. Cases allowing amendment of the order contract:

a) Changes in the State's wage mechanism and policies;

b) Adjustments in economic and technical norms; cost norms, prices, unit prices, and subsidy levels for public goods and services;

c) Force majeure causes as prescribed by law affecting the production and supply of public goods and services.

Section 2: BIDDING FOR THE PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES

1. Based on the functions and registered business scope suitable for the production and supply of public goods and services participating in bidding; based on the provisions of specialized laws regarding contractors providing services in sectors requiring State permission to operate and other conditions for participation in bidding as prescribed by relevant laws (if applicable), contractors are eligible to participate in bidding for the production and supply of public goods and services according to the list in Appendix II promulgated together with this Decree in the following forms:

a) Open bidding for the production and supply of public goods and services as prescribed in Article 20 of the Bidding Law, except for cases stipulated in point b, Clause 1, Article 21 of this Decree;

b) Restricted bidding for the production and supply of public goods and services as prescribed in Article 21 of the Bidding Law.

2. Provisions on bidding and related contents concerning the production and supply of public goods and services shall be implemented in accordance with the Bidding Law, Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Bidding Law on contractor selection, and any amendments and supplements thereto (if applicable); and related laws.

Chapter IV

MANAGEMENT OF THE STATE BUDGET ON ASSIGNING TASKS, ORDERING OR BIDDING TO PROVIDE PRODUCTS AND SERVICES

Article 22. Budget Preparation

1. The preparation of budget for state budget funds allocated to assign tasks, place orders, or tender for the provision of public products and services shall be carried out in accordance with the provisions of the State Budget Law, guiding documents of the State Budget Law, relevant laws, and this Decree.

2. Budget preparation

a) Each year, based on the detailed list of public products and services according to quantity, volume, unit price, service price, the previous year's budget (in cases where tasks are assigned or orders placed), the preceding year's tender results (in cases of tendering), and anticipated changes in input cost factors; following the guidance of ministries, central agencies, provincial People's Committees; budget units at all levels prepare their budgets for the provision of public products and services simultaneously with the annual budget preparation and consolidate them within their unit's budget, submitting them to higher-level management agencies as prescribed;

b) Higher-level management agencies review and consolidate the submitted budgets, sending them to the same-level financial agencies and related agencies as stipulated by the State Budget Law. For public services procured by the State at prices that do not fully cover costs, the budget should include the portion of state support for the uncovered costs; for public utility products and services, the budget should include the state subsidy portion.

In cases where public products and services fall under the fee collection list, the units prepare the budget for expenditures from retained fees for service activities and fee collection as prescribed by the law on fees and charges.

Article 23. Allocation and Assignment of Budgets

1. The allocation and assignment of budgets for tasks and orders by higher-level management agencies to public service units; budgets for orders and tenders for other providers of public services; manufacturers and suppliers of public utility products and services (or task assignments as specified by specialized laws), shall be carried out in accordance with the State Budget Law, guiding documents of the State Budget Law, relevant laws, and this Decree.

2. Based on the assigned budget, higher-level management agencies allocate and assign budgets to subordinate units, clearly distinguishing between budgets for task assignments, orders, or tenders for the provision of public services using state budget funds; and budgets for subsidies for public utility products and services.

Ministries, central agencies, localities, or directly managed agencies authorized to assign tasks, place orders, or tender for public products and services to public service units; other providers of public services; manufacturers and suppliers of public utility products and services within the scope of the allocated state budget.

3. For the assignment of budgets for orders to provide public services using state budget funds to public service units, it shall be implemented according to the current pricing mechanism for public services.

Article 24. Implementation of Budgets

1. Payment of Task Assignment Funds

Based on the assigned budget, current financial expenditure regulations, acceptance of assigned tasks, and other related documents (if any), public service units temporarily advance and settle payments in accordance with the State Budget Law and current regulations.

Where specialized laws have already provided for the assignment of tasks for the production and supply of public utility products and services, the payment of task assignment funds shall be made in accordance with the State Budget Law, specialized laws, relevant laws, and current regulations.

2. Payment of Order and Tender Funds

a) For order funds for public service units to implement: Based on the assigned budget; the order decision of the superior agency for public service units; unit price, order price; product acceptance report as prescribed by the competent authority; order acceptance report annually (according to Model No. 02 attached to this Decree); other related documents (if any); public service units temporarily advance and settle payments in accordance with the State Budget Law and current regulations.

b) For order contract funds for other providers of public services; manufacturers and suppliers of public utility products and services to implement: Based on the assigned budget; the signed contract between the ordering agency and the provider of public services; manufacturer and supplier of public utility products and services; unit price, order price, subsidy level, consumption price; product acceptance report as prescribed by the competent authority; contract acceptance and settlement report annually (according to Model No. 04 attached to this Decree); other related documents (if any); the contracting agency temporarily advances and settles funds for the service provider receiving the order in accordance with the State Budget Law, specialized laws, relevant laws, and current regulations.

3. Order funds for the provision of public products and services; surplus revenue over expenditure from orders and contracts (if any) shall be handled as follows:

a) For providers that are public service units with financial autonomy as prescribed by Government Decree No. 16/2015/NĐ-CP dated February 14, 2015, Government Decree No. 141/2016/NĐ-CP dated October 10, 2016, Government Decree No. 54/2016/NĐ-CP dated June 14, 2016, and other decrees on the mechanism of autonomy for public service units in various fields such as healthcare, education and training, vocational education, culture, sports, tourism, information and communication, and any amendments or supplements (if any).

b) For other providers of public services; manufacturers and suppliers of public utility products and services, they decide independently in accordance with current laws, specialized laws (if any); and fulfill their financial obligations to the State.

4. When the assignment of tasks, ordering, or bidding process concludes, if the superior supervisory agency finds that the products or public services provided do not meet requirements or have not been fully delivered in terms of quantity or volume, or if there is a need to stop implementation due to valid reasons, the remaining funds shall be adjusted or canceled from the budget estimate according to the provisions of the State Budget Law and related guiding documents.

Article 25. Settlement of Funds

1. Publicly-owned事业单位在年度决算报告中向上级管理部门提交的决算报告应包括其接受的任务、订购的产品和服务的经费结算，该报告需按照《国家预算法》及相关现行规定进行审核和评估。

2. The settlement of funds for contracts resulting from ordering, bidding with other public service providers; manufacturers or suppliers of public welfare products or services (or task assignments as stipulated by specialized laws): At the end of the fiscal year, the ordering agency and the service provider who accepted the order or task assignment, or participated in the bidding process, shall conduct acceptance and liquidation of the contract; the funds shall be settled according to the provisions of the State Budget Law, specialized laws, relevant laws, and current regulations.

Based on the signed contract, the approved budget, the decision on unit prices or ordering prices (or task assignment prices) made by the authorized body, the state-prescribed consumption price, subsidy levels, the acceptance and liquidation records of the contract, and other relevant documents (if any), the ordering or bidding agency (or task assignment agency) shall settle the funds with other public service providers; product or service suppliers, and settle the funds with the state budget according to current regulations.

Chapter V

IMPLEMENTATION

Article 26. Responsibilities of Ministries, Central Agencies, and People's Committees at all Levels

1. Responsibilities of Ministries and Central Agencies

a) Submit to the Prime Minister for issuance or amendment of the list of public services funded by the state budget under their respective areas of management; the list of public welfare products and services of ministries and central agencies as stipulated in Article 5 of this Decree, to align with actual conditions during each period.

b) Issue, amend, or supplement within their authority:

- Economic and technical norms, cost standards (if applicable) applicable to public goods and services as the basis for issuing unit prices and prices of public goods and services.

- Unit prices and prices of public goods and services; subsidy levels for public welfare goods and services of ministries and central agencies as prescribed by laws on pricing and other related laws.

- Quality criteria and standards for public goods and services; supervision, evaluation, and quality inspection mechanisms, and inspection and acceptance regulations for public goods and services under the jurisdiction of ministries and central agencies.

c) Submit to the Prime Minister for issuance or amendment of the list of public goods and services using central government funds with special characteristics as stipulated in Clause 3 of Article 7 of this Decree (if applicable).

2. Responsibilities of Provincial People's Committees

a) Issue, amend, or supplement the list of public services funded by the state budget; the list of public welfare products and services within the scope of local management as stipulated in Article 5 of this Decree, to align with actual conditions during each period.

c) Issue unit prices and prices of public goods and services; subsidy levels for public welfare goods and services within the scope of local management according to laws on pricing and other related laws.

3. The Ministry of Labor, Invalids and Social Affairs, in collaboration with the Ministry of Home Affairs, the Ministry of Finance, and other relevant ministries and agencies, shall guide the costs of wages and labor expenses in the prices and unit prices of public welfare goods and services listed in Appendix II, and the costs of wages and labor fees in the unit prices of public services funded by the state budget listed in Table 02 of Appendix I accompanying this Decree for enterprises contracted through ordering or bidding (or task assignments as stipulated by specialized laws).

4. Ministers, heads of central agencies, and Chairpersons of Provincial People's Committees shall base their detailed regulations and additional provisions regarding task assignments, ordering, or bidding for the provision of public services funded by the state budget; public welfare goods and services as stipulated in Chapters II and III of this Decree (including the attached forms) on the common provisions for task assignments, ordering, or bidding for the provision of public services funded by the state budget; public welfare goods and services, to ensure they are suitable for management requirements and the specific nature of each specialized field and related laws.

5. The Ministry of Health shall submit to the Prime Minister for a decision on ordering the provision of medical examination and treatment, preventive healthcare services from the state budget for units in the armed forces located in border and island areas where civilian healthcare is still facing significant difficulties and cannot adequately provide healthcare services to the population and military personnel, who must operate under a combined civil-military healthcare model.

6. Ministries, central agencies, and People's Committees at all levels shall direct and organize the implementation or delegate to subordinate supervisory bodies the task assignments, ordering, or bidding for the provision of public goods and services; they shall be responsible for the effectiveness of the use of state budget funds assigned for task assignments, ordering, or bidding for the provision of public goods and services within their respective jurisdictions, and the results of contractor selection according to the Bidding Law.

Article 27. Responsibilities of public service units; other providers of public services; producers and suppliers of public goods and services

1. Public service units assigned tasks and ordered to provide public services using state budget funds shall be responsible for:

a) Ensuring completion of assigned tasks according to decisions of competent authorities;

b) Being accountable to superior management agencies for public goods and services provided by the unit; they may not re-order public services that have already been ordered by superior management agencies for other units to perform;

c) Being accountable under the law for the legality and rationality of documents and plans when providing public goods and services.

2. Other providers of public services; producers and suppliers of public goods and services shall have the following rights and obligations:

a) To conclude contracts in accordance with the provisions of the law (or be assigned tasks as specified by specialized laws);

b) To be paid according to unit prices, prices, fees, or subsidized prices as stipulated in signed contracts, in accordance with specialized laws and related laws;

c) To cover costs according to bid prices when participating in the provision of public goods and services through bidding procedures;

d) Being accountable to the ordering agency or tendering agency (or task assigning agency) for public goods and services provided by themselves;

đ) Being accountable under the law for the legality and rationality of documents and plans when providing public goods and services.

Article 28. Organization for inspection and supervision of implementation

1. For ministries, central agencies, and People's Committees at all levels

a) Heads of central agencies shall be responsible for organizing, directing, inspecting, monitoring, and supervising the implementation of task assignments, orders, and tenders for the provision of public goods and services from the central budget;

b) Chairpersons of People's Committees at all levels shall be responsible for organizing, directing, inspecting, monitoring, and supervising the implementation of task assignments, orders, and tenders for the provision of public goods and services from local budgets.

2. For financial agencies

a) The Ministry of Finance shall coordinate with central ministries and agencies to inspect the implementation of task assignments, orders, and tenders for the provision of public goods and services within the expenditure items of the central budget;

b) Financial agencies at all levels in localities shall coordinate with relevant agencies in localities to inspect the implementation of task assignments, orders, and tenders for the provision of public goods and services within the expenditure items of local budgets;

c) State Treasury agencies at all levels shall base their control and payment of task assignment, order, and tender funds for the provision of public goods and services to public service units implementing them; and for contracts placed with other providers of public services; producers and suppliers of public goods and services, in accordance with the State Budget Law and current regulations, on the basis of task assignment, order, and tender decisions; approved budgets; order and tender decisions and contracts; acceptance certificates for products; order acceptance certificates; acceptance and contract termination certificates; and other related documents as prescribed in this Decree, specialized laws, and related laws.

Article 29. Transitional Provisions

For public services using state budget funds; public goods and services which have been assigned tasks, ordered, or tendered for implementation before this Decree takes effect, shall be implemented in accordance with Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on the production and supply of public goods and services, Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the procurement, order placement, and task assignment regulations for the provision of public services using state budget funds, until the completion of the assigned tasks; and the termination of order and tender contracts for the provision of public goods and services.

Article 30. Effective Date

1. This Decree shall take effect from June 1, 2019 and apply from the 2019 fiscal year.

2. This Decree replaces Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on the production and supply of public goods and services and Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the procurement, order placement, and task assignment regulations for the provision of public services using state budget funds.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for enforcing this Decree./.

* Authority to issue detailed lists of public services funded by state budget according to the industry and field under the jurisdiction of ministries, central agencies, and localities as stipulated in point a, Clause 3 and Clause 6, Article 22 of Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the mechanism of autonomy for public service units and according to the attached appendix to Decision No. 695/QĐ-TTg dated May 21, 2015 of the Prime Minister on the implementation plan of Government Decree No. 16/2015/NĐ-CP and any subsequent amendments and supplements (if any).Table 02

1. Printing banknotes and valuable documents; producing metal coins; printing and minting gold bars.

2. Marine safety services; coastal information services.

3. Management and maintenance of railway infrastructure.

4. Port and terminal services.

II. CATEGORIES OF PUBLIC SERVICES FUNDED BY STATE BUDGET IMPLEMENTED THROUGH TENDERING OR ORDERING

1. Management and maintenance of road infrastructure; ferry terminal operation services (in cases where these services have economic-technical norms and unit prices issued by competent authorities as the basis for ordering enterprises to implement).

2. Management and maintenance of inland waterways.

3. Urban park management, tree planting, and maintenance services; sidewalk, street, median strip, and roundabout landscaping.

4. Urban lighting services.

5. Waste collection, sorting, transportation, treatment, and public sanitation services.

6. Production of radio and television programs, news specials, documentary series, and feature films ordered or sponsored by the State.

7. Radio and television broadcasting services over the Internet for overseas Vietnamese.

LIST OF PRODUCTS AND SERVICES OF PUBLIC UTILITY IMPLEMENTED THROUGH ORDERING OR TENDERING

1. Management and operation of major and particularly important water conservancy projects, providing water conservancy products and services of public utility, as prescribed by laws on water conservancy.

2. Supply of electricity and clean water to mountainous, remote, border, and island areas.

3. Vaccines and biological products in the following cases: (i) For the prevention and control of infectious diseases groups A and B as prescribed by the Law on Prevention and Control of Infectious Diseases; (ii) For the expanded immunization program; (iii) Where there is only one domestic manufacturer.

4. Certain other important public utility products and services as decided by the Prime Minister.

* Products and services of public utility under Item 1 of Section I shall be implemented through ordering; if special laws prescribe the assignment of tasks, such tasks may be assigned; however, ordering is encouraged.

II. PRODUCTS AND SERVICES OF PUBLIC UTILITY IMPLEMENTED THROUGH TENDERING OR ORDERING

1. Management and operation of medium and small water conservancy projects, providing water conservancy products and services of public utility as prescribed by laws on water conservancy.

2. Public transportation services in urban areas.

3. Urban drainage and centralized rural community drainage services.

4. Funeral and urban cemetery services.

5. Production, supply, and storage of original crop, livestock, and aquaculture seeds.

6. Plasma-derived products at industrial scale (Albumin, Gammaglobulin, concentrated clotting factors).

7. Production of fish spawning hormone HCG.

7. Production of hormone-induced fish spawning products.

8. Transportation, supply of essential goods and services for mountainous areas, remote regions.

9. Fishery logistics services in distant sea areas.

10. Management, exploitation, maintenance of anchorage areas for fishing vessels to avoid storms.

11. Certain important public utility products and services as decided by the Prime Minister.

AUTHORITY TO ISSUE¹

Pursuant to Decree No.  /  /NĐ-CP dated... month... year... of the Government stipulating the assignment of tasks, ordering or tendering for the provision of public products and services using state budget funds from regular expenditure sources;

Pursuant to Decree/Decision... stipulating the functions and responsibilities of the agency or unit...

Pursuant to Decision on the allocation of state budget for the year...

Pursuant to...

Considering the proposal of...

DECISION:

Article 1. Ordering the provision of public service products using state budget funds for the year... for the public institution..., with the main contents as follows:

1. Name of the public service product category using state budget funds...

a) Quantity, volume of ordered public service products.

b) Quality of public service products.

c) Implementation time and completion time.

d) Unit price, ordered price according to the decision of the competent authority.

đ) Budget estimate for ordering, detailed as follows:

- State budget funds for ordering (at full cost price) or state budget funds supporting the part of costs not included in the price, service fees (if the price does not cover all costs);

- Fees retained for service provision activities, collected according to the law on fees and charges;

- Revenue from public services at prices set by the state.

- Other sources (if any).

e) Payment and settlement methods;

g) Acceptance and handover procedures;

h) Rights and obligations of the public institution providing public service products;

i) Rights and obligations of the ordering agency or organization;

k) In addition, other contents may be supplemented but not contrary to the provisions of the law.

* In addition to the above ordering contents, ministries, central agencies, localities may supplement other contents related to ordering to suit management requirements for specific fields or according to the provisions of specialized laws (if applicable).

2. Name of the public service product category using state budget funds... (as stated in Clause 1 above).

3. Name of the public service product category using state budget funds... (as stated in Clause 1 above).

Article 2. Based on the ordering of public service products using state budget funds, the head of the unit... shall implement in accordance with the contents of this Decision at Article 1, the State Budget Law, and relevant regulations.

Article 3. This Decision takes effect from the date of issuance. The heads of related agencies, the head of the unit... are responsible for implementing this Decision./.

____________________

¹ Ministries, central agencies, provincial People's Committees, district People's Committees or authorized managing agencies.

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------------------

..., date..., month..., year...

Pursuant to Decree No.  /  /NĐ-CP dated   of the Government stipulating the assignment of tasks, ordering or tendering for the provision of public products and services using state budget funds from regular expenditure sources;

Pursuant to Decree/Decision stipulating the functions and responsibilities of the agency or unit...

Pursuant to Decision No... of ministries, central agencies, provincial People's Committees, district People's Committees or authorized managing agencies regarding the ordering of provision of public services using state budget funds for public institutions...

Pursuant to the Acceptance Record, Handover Product Record for the provision of public service products using state budget funds...

Based on ...

Today, the... day... month... year... we include:

- Representative of the ordering agency or organization:

+ Mr./Ms...., position...

+ Mr./Ms...., position...

+ ………………………………………………………………………………………………………

- Representative of the public institution receiving the order...

+ Mr./Ms...., position...

+ Mr./Ms...., position...

+ ………………………………………………………………………………………………………

Both parties agree to accept the ordering of public service products using state budget funds as follows:

1. Name of the public service product category using state budget funds...

a) Quantity, volume of ordered public service products.

b) Quantity, volume of public service products accepted.

c) Quality of public service products.

d) Unit price, ordered price in the ordering decision.

đ) Adjusted unit price, adjusted ordered price according to the decision of the competent authority (if any).

e) Budget estimate for ordering according to the ordering decision.

g) Settlement of ordering budget (detailed according to the quantity, volume implemented at each time point and according to the unit price, ordered price or adjusted unit price, adjusted ordered price according to the decision of the competent authority).

h) Remaining budget to be allocated or excess refunded to the state budget.

i) Other contents (if any).

* Opinion of the ordering agency or organization.

* Opinion of the public institution receiving the order.

2. Name of the public service product category using state budget funds... (acceptance contents as stated in Point 1 above).

Pursuant to the Civil Code;

Pursuant to Decree No.  /  /NĐ-CP dated   of the Government stipulating the assignment of tasks, ordering or tendering for the provision of public products and services using state budget funds from regular expenditure sources;

Pursuant to Decree/Decision... stipulating the functions and responsibilities of the agency or unit...

Pursuant to Decision on the allocation of state budget for the year…

Based on ...

Today, the... day... month... year... we include:

- Representative of Party A: (the agency or organization signing the Order Contract: …)

+ Address: …

+ Phone: …, Fax: …

+ Tax code (if any): …

+ Account: …

+ By Mr./Ms.: …

+ Position: …acting as representative

- Representative of Party B (the unit accepting the Order Contract: …)

+ Address: …

+ Phone: …, Fax: …

+ Tax code: …

+ Account: …

+ By Mr./Ms.: …

+ Position: …acting as representative

After discussion, both parties agree to sign the order contract with the following conditions:

Article 1. Contents of the procurement contract

1. Name of the public service category using state budget funds for procurement (or the list of public goods and services for procurement):

a) Quantity, volume of procurement.

b) Product quality.

c) Implementation time and completion time.

d) Unit price, ordered price according to the decision of the competent authority.

d) Contract value, detailed according to the following sources:

- State budget funds for ordering (at full cost price) or state budget funds supporting the part of costs not included in the price, service fees (if the price does not cover all costs);

- Fees retained for service provision activities, collected according to the law on fees and charges;

- Revenue from public services at prices set by the state.

- Other sources (if any).

e) Payment and settlement methods.

g) Acceptance and delivery methods of products.

h) Rights and obligations of the product and public service provider unit.

i) Rights and obligations of the procurement agency or organization.

k) Liability of the parties due to breach of contract; resolution methods.

l) In addition, the parties may supplement other contents but not contrary to the provisions of the law.

2. For production and supply contracts of public goods and services, in addition to the contents specified in point 1 above, depending on the nature of the ordered products, the following contents can be supplemented:

- Quantity, volume of subsidized public goods and services.

- Subsidy level, amount of subsidy.

- Revenue, production cost, supply cost of public goods and services.

- Reasonable production and supply costs of public goods and services.

- Consumption price; product price.

- Delivery: time, location, method.

- Liability of the parties due to breach of contract and resolution methods.

- Other prescribed contents according to specialized laws (if applicable).

3. Besides the procurement contract contents at points 1 and 2 mentioned above, ministries, central agencies, localities may supplement other contents about procurement contracts to suit management requirements for specific fields or according to model contracts prescribed by specialized laws (if applicable).

Article 2. Responsibilities of each party

Article 3. Other clauses ……………………………………………………………….

Pursuant to the Civil Code;

Pursuant to Decree No.  /  /NĐ-CP dated   of the Government stipulating the assignment of tasks, ordering or tendering for the provision of public products and services using state budget funds from regular expenditure sources;

Based on Decree/Decision ...

Based on Contract No. ...

Based on the report on the results of providing public services using state budget funds (or production and supply of public goods and services);

Based on the acceptance record and handover of ordered products ...

Based on ...

Today, the date ..., month ..., year ..., we include:

- Representative of Party A: (the agency or organization signing the Order Contract: …)

+ Address: …

+ Phone: …, Fax: …

+ Tax code (if any): …

+ Account: …

+ By Mr./Ms.: …

+ Position: …acting as representative

- Representative of Party B (the unit accepting the Order Contract: …)

+ Address: …

+ Phone: …, Fax: …

+ Tax code: …

+ Account: …

+ By Mr./Ms.: …

+ Position: …acting as representative

Both parties agree to accept and settle the procurement contract for the provision of public services using state budget funds (or production and supply of public goods and services) as follows:

- Quantity, volume of products under the contract: ...

- Quantity, volume of accepted ordered products: ...

- Unit price, procurement price under the contract: ...

- Adjusted unit price according to the decision of the competent authority (if any): ...

- Contract value: ...

- Settlement amount: ...

- Advance funding already provided: ...

- Additional funding to be provided or excess refunded to the state budget: ...

* For production and supply contracts of public goods and services, the following additional contents may be included:

- Subsidized funding under the contract: ...

- Subsidized funding based on acceptance results: ...

- Advance subsidized funding provided: ...

- Additional subsidized funding to be provided or excess refunded to the state budget: ...

* Other contents (if any).

* Opinion of the procurement agency or organization (Party A): ...

* Opinion of the receiving unit (Party B): ...