Circular No. 37/2021/TT-BGTVT guides the pricing of public service provision activities ensuring maritime safety funded from the State budget's regular revenue, implemented through ordering methods.

Circular

Guidelines for the price of public service activities ensuring maritime safety funded by state budget fundsfrom regular budget sources, implemented through ordering according to the method of placing orderscarried out by way of ordering

_________________

 Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to 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. 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. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles 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. 43/2018/NĐ-CP dated March 12, 2018 of the Government on management, use, and exploitation of marine infrastructure assets;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular budget sources;

The Minister of Transport issues this Circular guiding

The Minister of Transport hereby issues the Circular guiding the price of public service activities ensuring maritime safety funded by state budget fundsfrom regular budget sources, implemented through ordering. performed by way of ordering.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the price of public service activities ensuring maritime safety funded by state budget funds from regular budget sources, implemented through ordering, concerning:

1. Public service activity of operating the marine navigation light system, independent beacons.

2. Public service activity of operating and maintaining the public marine navigation channel system, including breakwaters, sand barriers, flow direction revetments, and bank protection revetments of the marine navigation channels (hereinafter referred to as the public service activity of operating and maintaining the public marine navigation channel system).

3. Public service activity of surveying to issue marine navigation notices for public marine navigation channels, including pilot station locations (hereinafter referred to as the public service activity of surveying to issue marine navigation notices for public marine navigation channels).

4. Public service activity of emergency tasks ensuring maritime safety.

Article 2. Applicability

This Circular applies to agencies, organizations, and enterprises related to the provision of public service activities ensuring maritime safety funded by state budget funds from regular budget sources, implemented through ordering.

Article 3. Principles for Determining Prices

1. The price of public service activities ensuring maritime safety shall be determined to ensure compensation for reasonable and legitimate actual costs, with appropriate profit to complete a unit volume of public service activities based on the economic and technical norms issued by competent authorities and other relevant regulations; it does not include costs for activities outside public service activities.

2. Costs already covered by the state budget shall not be included in the price; costs already determined in other products and services shall not be counted.

For common costs and costs related to multiple products that cannot be separated, they need to be aggregated and allocated appropriately in accordance with relevant laws for each product.

Chapter II

PRICE OF PUBLIC SERVICE ACTIVITIES ENSURING MARITIME SAFETY

Article 4. Structure and method of determining the price of public service activities operating the marine navigation light system, independent beacons; operating and maintaining the public marine navigation channel system

1. The structure of the price of public service activities operating the marine navigation light system, independent beacons; operating and maintaining the public marine navigation channel system shall be implemented in accordance with Section I of the Appendix attached to this Circular.

2. The method of determining the price of public service activities operating the marine navigation light system, independent beacons; operating and maintaining the public marine navigation channel system shall be implemented in accordance with Section II of the Appendix attached to this Circular.

Article 5. Price of public service activities for marine survey services to announce maritime notifications for public maritime channels

The price of public service activities for marine survey services to announce maritime notifications for public maritime channels shall be implemented in accordance with the guidelines on determining and managing survey construction costs issued by the Minister of Construction; among which, the level of material consumption, labor, and direct construction machinery costs shall be applied according to the economic-technical norms for marine safety surveys issued by the Minister of Transport.

Article 6. Price of public service activities for urgent tasks ensuring maritime safety

The price of public service activities for urgent tasks ensuring maritime safety shall be implemented in accordance with the guidelines on determining and managing costs issued by the Minister of Construction. For the level of material consumption, labor, and direct construction machinery costs: tasks that already exist in the economic-technical norms issued by the Minister of Transport shall apply these norms; for tasks not included in the economic-technical norms issued by the Minister of Transport, the economic-technical norms issued by the Minister of Construction shall be applied.

Article 7. Competence, time limit, review procedures, and determination of prices

Competence, time limit, review procedures, and determination of prices shall be carried out in accordance with the provisions of Government Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding the implementation of certain articles of the Law on Prices. Government Decree No. 149/2016/ND-CP dated November 11, 2016, amends and supplements certain articles of Government Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding the implementation of certain articles of the Law on Prices.

Chapter III

IMPLEMENTATION

Article 8. Effective Date

1. This Circular takes effect from February 15, 2022, and applies from the fiscal year 2022.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the provisions of the amended, supplemented, or replacing legal normative documents.

Article 9. Implementation Organization

1. The Director of the Office, the Inspector General, the Heads of Departments, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, the relevant agencies and units shall report to the Ministry of Transport for appropriate amendments and supplements./ .