Circular No. 39/2020/TT-BGTVT guides the method for establishing pricing plans and managing the prices of public service activities related to the management and maintenance of road infrastructure and ferry terminal operation services on national highways using regular budget funds when implementing the procurement method.

CIRCULAR

for use method for establishing pricing plans, managing prices of public service provision activitiesof state-owned enterprisesmanagement, maintenance of traffic infrastructure road systems and ferry terminal operation services on national highway networks when usingresourcesfinancial recurrent expenditure budget of central government when implementing the procurement method

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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; Decree No. 149/2016/NĐ-CP dated November 11, 2016 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. 32/2019/NĐ-CP dated April 10, 2019 on assigning tasks, placing orders, or tendering for the provision of products and public services using state budget funds from regular expenditure;

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

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

The Minister of Transport issues this Circular guiding the method for establishing pricing plans,, managing prices of public service provision activities management, maintenance of traffic infrastructure services operation and exploitation of ferry terminals on national highway networks when using financial recurrent expenditure budget of the central government when implementing the procurement method.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the method for establishing pricing plans, managing prices of public service provision activities related to management, maintenance of traffic infrastructure and operation and exploitation of ferry terminals on national highway networks when using financial recurrent expenditure budget of the central government when implementing the procurement method.

Article 2. This Circular applies to organizations and individuals involved in the establishment of pricing plans and management of prices of public service provision activities related to management, maintenance of traffic infrastructure and operation and exploitation of ferry terminals on national highway networks when using financial recurrent expenditure budget of the central government when implementing the procurement method.

Article 2. Public service provision activities related to management, maintenance of traffic infrastructure and public service provision activities related to operation and exploitation of ferry terminals on national highway networks using financial recurrent expenditure budget of the central government

Clause 1. Public service provision activities related to management, maintenance of traffic infrastructure include the following groups of tasks:

Point a) Regular tasks include: management, regular maintenance of traffic infrastructure and operation of intelligent transportation systems (hereinafter referred to as ITS);

Point b) Advisory tasks include: inspection, monitoring, quality testing of traffic infrastructure; advisory tasks such as surveying, project preparation (or technical economic reports), design, cost estimation, construction supervision, review of repair projects, auditing advisory services and other advisory public service provision activities in the management and maintenance of traffic infrastructure;

Point c) Repair tasks include: periodic repairs, emergency repairs (including handling black spots and potential safety hazards) of traffic infrastructure;

Point d) Tasks for prevention, mitigation, and recovery from natural disasters to ensure the safety of traffic infrastructure.

Clause 2. Public service provision activities related to operation and exploitation of ferry terminals on national highway networks using central government budget funds include the following groups of tasks:

Point a) Regular tasks include: management, operation and exploitation of ferry terminals. Management and operational tasks ensuring ferry terminal traffic during non-operational periods fall under regular maintenance of traffic infrastructure;

Point b) Non-regular tasks include: periodic repairs, emergency repairs, procurement and replacement of equipment and facilities for management, operation, and exploitation of ferry terminals. Repairs of approach roads to terminals, ferry terminals, and other auxiliary structures are classified as repair tasks of traffic infrastructure.

Article 3. Principles for Establishing Pricing Plans

The pricing plan for public service activities related to managing and maintaining road traffic infrastructure and operating ferry terminals on national highways using central government budget funds (hereinafter referred to as public services in the field of roads) shall be established in accordance with laws on pricing, laws on quality management and maintenance of construction works, laws on assigning tasks and procuring public services funded from state budget regular expenditure, and must ensure the following principles:

1. Determined based on the budget for managing and maintaining road traffic infrastructure and operating ferry terminals.

2. Cover actual reasonable and legitimate costs to complete a unit volume of public service work consistent with the procedures, standards, norms, and economic and technical criteria in road management and maintenance or ferry terminal operation procedures issued by competent state authorities.

3. Consistent with market price levels, market conditions where public services are provided, quantity and quality of services, and determined based on the current status of the project, specifically as follows:

a) For recurring tasks: determined periodically annually.

b) For other tasks: determined according to the nature of the work in accordance with laws on construction, laws on quality management and maintenance of construction works, laws on road traffic, and state budget.

4. Not to include in the public service pricing plan expenses already covered by the state budget for public service operations. In cases where additional related expenses such as project feasibility study consultancy, design consultancy, supervision consultancy, review consultancy, auditing, other related consultancy; appraisal, settlement; ensuring traffic safety for construction and repair work; insurance or other expenses arise as required by law, these expenses will be calculated separately for each specific task based on regulations on investment cost management and final settlement of completed projects under state capital.

Article 4. Methods for Establishing Pricing Plans for Public Services in the Field of Roads

The pricing plan for public services in the field of roads shall be established according to the following methods:

1. Cost norms as a percentage (%).

2. Volume and unit price, including: the volume of work carried out in line with the infrastructure maintenance plan for road traffic, the operation and exploitation plan for ferry terminals, and the unit prices corresponding to the respective works (except for tasks to address the aftermath of natural disasters and ensure initial traffic flow as stipulated in Clause 3, Article 8 of this Circular).

3. Combination of the above methods.

Chapter II

METHODS FOR ESTABLISHING PRICING PLANS

Section 1

PRICING PLAN FOR PUBLIC SERVICES RELATED TO MANAGEMENT AND MAINTENANCEROAD INFRASTRUCTURE

Article 5. Pricing Plan for Public Services Related to Recurring Tasks

1. The pricing plan for public services with recurring characteristics shall be determined as follows:

a) The direct component of the pricing plan for public services shall be determined based on the volume and quantity of work needed to be carried out in line with approved maintenance plans, technical standards for routine maintenance, relevant standards, approved management and operation procedures, routine maintenance norms, detailed unit prices for specific tasks.

b) Indirect costs, pre-tax income, value-added tax shall be determined based on cost norms as a percentage (%) as guided in Table 01 of Appendix I attached to this Circular.

c) The pricing plan for public services shall be determined through the preparation, review (if applicable), appraisal, approval of budgets, and provisions at Clauses 2 and 3 of this Article.

2. In cases where agencies or units subordinate to road management authorities are assigned to organize the establishment of pricing plans and manage public services related to routine maintenance of road traffic infrastructure but have not been guaranteed funding from the state budget for related activities, they may calculate expenses for the following tasks:

a) Organizing the establishment of service pricing plans.

b) Supervising and accepting the results of public service management and routine maintenance of road traffic infrastructure.

c) If consulting services are hired, the expenses at points a and b of this clause shall be used to pay for consultancy.

3. The pricing plan for public services for recurring tasks has a structure and method of determination as guided in Table 01 of Appendix I attached to this Circular.

Article 6. Pricing Scheme for Public Services Activities with Consulting Nature

1. The price of public services activities with consulting nature to implement repair works on construction projects and equipment valued at 500 million VND or more, including tasks such as project preparation (or economic and technical reports), design, cost estimation, construction supervision, review of repair works, auditing consultancy, and other public service activities with consulting nature shall be determined in accordance with the provisions of laws on investment cost management.

2. For the price of public services activities with construction survey consultancy nature, it shall be determined according to the regulations of the Minister of Construction guiding the determination and management of investment costs.

3. For the price of public services activities concerning other tasks with consulting nature (inspection, monitoring, quality testing of road traffic infrastructure structures, and other consultancy tasks) which have not yet established cost norms as percentages (%), they shall be determined based on the principles and methods of preparing estimates as stipulated in Article 3 and Clause 2 of Article 4 of this Circular; having a structure and method of determination according to the guidance provided in Table 02 of Appendix I issued together with this Circular, based on the actual volume of work carried out according to the approved outline and economic-technical norms of each specific task.

Article 7. Pricing Scheme for Public Services Activities with Repair Nature

1. The price of public services activities with repair nature shall be determined as follows:

a) Direct maintenance costs within the price of public services activities shall be determined by the volume of work according to the approved design and project within the scope of the approved maintenance plan, standards, regulations, economic-technical norms, and detailed unit prices of specific tasks.

b) Indirect maintenance costs, project management costs, consultancy costs, and other costs shall be determined according to the provisions of this Circular and the regulations of the Minister of Construction guiding the determination and management of investment costs.

2. For insurance procurement and other necessary tasks related to the implementation of public services activities for repairing road traffic infrastructure, the costs shall be determined according to the provisions of laws on investment cost management and relevant laws.

3. The pricing scheme for public services activities with repair nature shall have a structure and method of determination according to the guidance provided in Table 03 of Appendix I issued together with this Circular.

4. The price of emergency repair public services activities step 1 to address natural disaster impacts on road traffic infrastructure as stipulated in Clause 3 of Article 8 of this Circular.

Article 8. Pricing Scheme for Public Services Activities with Disaster Prevention, Mitigation, and Recovery

1. The price of public services activities with disaster prevention, mitigation, and recovery tasks in the field of roads shall be specifically determined according to each type of task:

a) Supervision and preservation of equipment and reserve materials;

b) Immediate post-disaster recovery to ensure traffic flow step 1;

c) Repair of reserve material storage facilities, purchase of equipment and reserve materials;

d) Post-disaster recovery to ensure traffic flow step 2.

2. The price of public services activities to perform the task at point a of Clause 1 of this Article shall follow the principles and methods of determination as stipulated in Article 5 and Table 01 of Appendix I issued together with this Circular.

3. The pricing scheme for public services activities for immediate post-disaster recovery to ensure traffic flow step 1 at point b of Clause 1 of this Article shall be developed based on the post-disaster recovery and traffic assurance step 1 documentation; following the principles and methods of determination as stipulated in Article 3, Article 4, and Table 04 of Appendix I issued together with this Circular.

Temporary housing costs, project management costs, and consultancy costs for disaster recovery and traffic assurance step 1 services for tasks with direct costs less than 500 million VND and simple in nature, such as clearing and transporting obstacles like fallen trees, power poles, landslides, debris, and restoring road signaling systems, shall not be included.

4. The price of public services activities to perform the tasks at points c and d of Clause 1 of this Article shall follow the principles and methods of determination as stipulated in Clauses 1, 2, and 3 of Article 7 and Table 03 of Appendix I issued together with this Circular.

Organizations and individuals responsible for preparing, reviewing, evaluating, and approving the pricing scheme for public services activities with disaster prevention, mitigation, and recovery tasks shall be responsible for reviewing necessary costs during the implementation process to determine the price of public services activities.

Section 2

PRICING SCHEME FOR PUBLIC SERVICES ACTIVITIES OPERATING AND MANAGING BOAT RIDEWAY STATIONS ON THE NATIONAL HIGHWAY SYSTEMON THE ROAD NETWORK

Article 9. Pricing Scheme for Public Services Activities with Regular Nature

The price for public services activities with regular nature related to the operation and maintenance of road ferry terminals shall be determined according to the principles stipulated in Article 3 of this Circular, specifically as follows:

1. Operating and maintenance costs for ferry terminals and management work at both terminal ends shall be determined in accordance with the guidelines set out in Appendix II attached to this Circular;

2. Management and operational costs during the time the ferry terminal is temporarily closed due to force majeure factors or decisions by competent authorities to suspend ferry operations shall be determined in accordance with the provisions of Article 5 of this Circular.

Article 10. Pricing Scheme for Public Services Activities with Non-Regular Nature

Periodic repair costs, emergency repair costs, costs for purchasing additional equipment, facilities, ferry repairs, boat repairs, tugboat repairs, river-crossing equipment, and other rescue equipment must be established through a project (or economic and technical report) and implemented in accordance with the provisions of Article 7 of this Circular.

Section 3

UNIT PRICE OF LABOR COSTS

Article 11. Labor Costs in the Price of Public Services Activities in the Road Sector

Labor costs in the price of public services activities in the road sector shall be determined in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.

Section 4

ADJUSTMENT OF PRICING SCHEME

Article 12. Adjustment of Pricing Scheme

The price of public services activities in the road sector shall be adjusted in accordance with the laws on pricing.

Chapter III

IMPLEMENTATION

Article 13. Authorities and Responsibilities of Agencies and Units

a) Organizes the review of pricing schemes for the operation and maintenance of road ferry terminals on national highways, submits to the Ministry of Transport for approval; decides on the prices for operating and maintaining road ferry terminals on national highways carried out under the procurement method;

b) Organizes the review and determination of prices for public services activities in the road sector, except for the contents specified in point a, Clause 1 of this Article.

2. Agencies and units entrusted with managing, maintaining road infrastructure and operating and maintaining road ferry terminals:

a) Based on relevant laws on pricing, quality management, and construction project maintenance, related laws, and actual conditions to determine necessary costs as the basis for organizing the development of pricing schemes;

Article 14. Effective Date

1. This Circular takes effect from February 15, 2021, replacing Circular Jointly Issued No. 75/2011/TTLT-BTC-BGTVT dated June 6, 2011, issued by the Minister of Finance and the Minister of Transport guiding the establishment and management of prices for public goods and services in the road management and maintenance sector, inland waterway transport sector, implemented under the procurement method, state budget capital utilization plan.

2. During implementation, if the regulatory documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall apply.

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director-General of the Vietnam Highway Administration, the Heads of agencies entrusted with managing national highways, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.