Circular No. 38/2017/TT-BGTVT Amending and Supplementing Certain Articles of Circular No. 31/2014/TT-BGTVT dated May 8, 2014 of the Minister of Transport guiding public bidding, ordering production and supply of products and services for public utility management and maintenance of road works funded from the Central Road Maintenance Fund

CIRCULAR

Amending and supplementing some articles of Circular No. 31/2014/TT-BGTVT dated May 8, 2014 of the Minister of Transport guiding bidding, ordering production and supplying products, public services for management and maintenance of road works using the Central Road Maintenance Fund bidding, ordering production and supplying products, public services for managing and maintaining road works using the Central Road Maintenance Fund

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

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

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

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;

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

Pursuant to Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund; Decree No. 56/2014/NĐ-CP dated May 30, 2014 of the Government amending and supplementing Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund; Decree No. 28/2016/NĐ-CP dated April 20, 2016 of the Government amending and supplementing some articles of Decree No. 56/2014/NĐ-CP dated May 30, 2014 and Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund;

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

Decree No. 12/2017/NĐ-CP dated 1October 0Ministry of National Defenseamendm 2017 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

Upon the proposal of the Director of the Department of Finance and the General Director of the Vietnam Highway Administration;

The Minister of Transport hereby issues this Circular. "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."Amending and supplementing some articles of Circular No. 31/2014/TT-BGTVT dated August 5, 2014 of the Minister of Transport guiding bidding, ordering production and supplying products, public services for management and maintenance of road works using the Central Road Maintenance Fund.

Article 1. Amending and supplementing some articles of Circular No. 31/2014/TT-BGTVT dated August 5, 2014 of the Minister of Transport guiding bidding, ordering production and supplying products, public services for management and maintenance of road works using the Central Road Maintenance Fund.

1. Article 1 shall be amended as follows:

"Article 1. Scope of Regulation

This Circular guides the implementation of bidding, ordering production and supplying products, public services for management and maintenance of road works using the Central Road Maintenance Fund (hereinafter referred to as products, public services for management and maintenance of road works).

2. Clause 4 shall be amended and supplemented as follows:

"Article 4. Method of supplying products, public services for management and maintenance of road works

1. For products, public services for management and maintenance of road works specified in Clause 2, Article 3 of this Circular: Implement through bidding, if the conditions for bidding are not met, implement through ordering.

2. For products, public services for management and maintenance of road works specified in Clause 1 and Clause 3, Article 3 of this Circular:

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

b) Implement through ordering in case the conditions for bidding are not met for: products, public services with construction and installation characteristics, procurement of goods with a value not exceeding VND 100 billion; products, public services with consulting characteristics, with a value not exceeding VND 500 million.

c) For emergency repair work to address the aftermath of typhoons, floods, natural disasters: implement through ordering and in accordance with the regulations of the Minister of Transport on prevention, combating, and addressing the aftermath of floods and typhoons in the road sector.

3. Article 5 shall be amended and supplemented as follows:

"Article 5. Organizing bidding to carry out production and supply of products, public services for management and maintenance of road works

1. Based on the national highway maintenance plan approved by the Minister of Transport and the budget estimate for national highway management and maintenance announced by the Management Council of the Central Road Maintenance Fund, the agencies and units directly managing road infrastructure assets organize bidding to select entities to carry out production and supply of products, public services for management and maintenance of road works according to Chapter II of Decree No. 130/2013/NĐ-CP. The organization of bidding to carry out production and supply of products, public services for management and maintenance of road works can only be implemented when the following conditions are met:

a) The tender plan has been approved;

b) The tender documentation has been approved;

c) Information on tendering has been published in accordance with the law on tendering;

d) Content, list, and price of products, public services for management and maintenance of road works: For regular maintenance of road works, there must be a quantity of work and approved product, service prices; for products, public services with construction and installation characteristics, there must be technical design or construction drawings (for projects with one-step or two-step design requirements) and approved tender package estimates; for products, public services with consulting characteristics, there must be a scope of work (task) and approved estimates; for products, public services with procurement characteristics, there must be approval of content, list of goods, and tender package estimates.

2. The division of tender packages in the management and maintenance of road works must ensure suitability with the characteristics and scale of the road, ensuring cost savings and compliance with current regulations. The establishment, review, and approval of bidding plans, tender invitations, contractor selection, and other related bidding activities shall be carried out in accordance with Decree No. 130/2013/NĐ-CP and relevant laws on bidding.

3. The price of tender packages for products, public services in the management and maintenance of road works shall be established by agencies and units directly managing road infrastructure assets; the Vietnam Highway Administration shall organize reviews and approvals in accordance with regulations.

4. Contractors participating in bidding to carry out production and supply of products, public services for road works must meet the conditions stipulated by laws on construction and laws on bidding.

4. Amend Clause 2 of Article 6 as follows:

"2. Agencies and units directly managing road infrastructure assets are responsible for establishing and submitting to the Vietnam Highway Administration for review and approval of bidding plans; performing the responsibilities of the project owner and the tenderer as prescribed by the Bidding Law."

5. Article 7 is amended as follows:

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

Based on the approved results of contractor selection, the agency or unit directly managing highway infrastructure assets shall enter into contracts, organize supervision, acceptance, and payment to contractors in accordance with the regulations; compile annual settlements and submit them to the Vietnam Highway Corporation for review in accordance with the regulations.

6. Article 8 is amended as follows:

"Article 8. Organizations placing orders to produce and supply public goods and services for the management and maintenance of road works

1. On the basis of the maintenance plan for the national highway system assigned by the Minister of Transport and the approved prices of public goods and services, the agency or unit directly managing highway infrastructure assets shall enter into procurement contracts with organizations or individuals to produce and supply public goods and services for the management and maintenance of road works in accordance with Chapter III of Decree No. 130/2013/NĐ-CP. The procurement contract shall include the following main indicators:

a) Name of public goods product or service;

b) Quantity, volume;

c) Quality and specifications;

d) Price, unit price;

đ) Subsidy level (if any);

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

g) Contract value;

h) Completion time;

i) Delivery: time, location, method;

k) Acceptance and payment methods;

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

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

The parties may agree to supplement certain contents in the contract, provided that they do not contravene the laws and do not exceed the approved prices of public goods and services for the management and maintenance of road works.

2. The prices of public goods and services for the management and maintenance of road works implemented through procurement shall be determined based on the provisions of the law; proposed by the producer or supplier of public goods and services, and reviewed by the agency or unit directly managing highway infrastructure assets; approved by the Vietnam Highway Corporation.

3. Organizations or individuals producing and supplying public goods and services for the management and maintenance of road works must meet the following conditions:

a) They must have business registration in relevant industries, appropriate operational registration, sufficient financial capacity, technical and production technology level, management level, and labor skills that meet the requirements of the procurement contract.

b) They must have a registration document from the agency or unit directly managing highway infrastructure assets regarding their commitment to produce and supply public goods and services for the management and maintenance of road works.

7. Amend Clause 2 of Article 9 as follows:

"2. The agency or unit directly managing highway infrastructure assets shall adjust the procurement contract after receiving written approval from the Vietnam Highway Corporation. The approval of the contract adjustment must comply with the provisions of Clause 1 of this Article and within the scope of the annual central road maintenance fund plan assigned by the competent state authority."

8. Article 10 is amended as follows:

"Article 10. Acceptance, payment, and settlement of public goods and services for the management and maintenance of road works implemented through procurement

The agency or unit directly managing highway infrastructure assets shall enter into procurement contracts to carry out acceptance, payment, and settlement of the production and supply of public goods and services for the management and maintenance of road works in accordance with the procedures stipulated by law; compile annual settlements and submit them to the Vietnam Highway Corporation for review in accordance with the regulations.

Article 2. Effective Date

This Circular takes effect from December 15, 2017.

Article 3. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Director of the Vietnam Highway Corporation, and the heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if any difficulties arise, the agencies, organizations, and individuals should report to the Vietnam Highway Corporation for consolidation and reporting to the Ministry of Transport for consideration and resolution./.