Circular No. 40/2020/TT-BGTVT on tendering and ordering the provision of public service activities for the operation and exploitation of road ferry terminals managed by the Ministry of Transport using the regular budget expenditure of the central government.

CIRCULAR

Regulations on tendering and ordering the provision of public service activities for the operation and exploitation of ferry terminals under the management of the Ministry of Transport using the regular budget expenditure of the central government.

Based on Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering or tendering to provide products and services of the public sector using state budget funds from regular budget expenditures;

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;

At 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 regulating tendering and ordering the provision of public service activities for the operation and exploitation of ferry terminals under the management of the Ministry of Transport using the regular budget expenditure of the central government.

Article 1. Scope of Regulation

This Circular regulates tendering and ordering the provision of public service activities for the operation and exploitation of ferry terminals under the management of the Ministry of Transport using the regular budget expenditure of the central government.

Article 2. Applicability

This Circular applies to organizations and individuals related to tendering and ordering the provision of public service activities for the operation and exploitation of ferry terminals using the regular budget expenditure of the central government (hereinafter referred to as public service activities for the operation and exploitation of ferry terminals).

Article 3. Sources of funds for providing public service activities for the operation and exploitation of ferry terminals

1. Regular budget funds of the state in the field of economic public services in road transport as prescribed by the State Budget Law.

2. Fees retained for the operation of service provision and toll collection as prescribed by laws on fees and charges.

3. Service revenue from public service activities at prices set by the state.

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

Article 4. Methods of providing public service activities for the operation and exploitation of ferry terminals

1. Provision of public service activities for the operation and exploitation of ferry terminals shall be carried out according to the method of selecting contractors as prescribed in Decree No. 32/2019/NĐ-CP of the Government.

2. Provision of public service activities for the operation and exploitation of ferry terminals shall be carried out according to the method of ordering when the following conditions are met:

a) Ordering from subordinate public service units under the supervising authority to provide service operations and exploitation of ferry terminals in accordance with Clause 1, Article 12 of Decree No. 32/2019/NĐ-CP of the Government:

b) In cases where there are no subordinate public service units under the supervising authority or such units cannot provide public service activities for the operation and exploitation of ferry terminals, then ordering from other service providers shall be applied when meeting the conditions stipulated in Clause 2, Article 12 of Decree No. 32/2019/NĐ-CP of the Government.

Article 5. Organizing tendering for the provision of public service activities for the operation and exploitation of ferry terminals

1. Tendering for the provision of public service activities for the operation and exploitation of ferry terminals shall be organized 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) The content, product/service list, and price of public service activities for the operation and exploitation of ferry terminals have been approved in accordance with regulations;

đ) The tender documentation must include the operational procedures, quality requirements of the service according to the operational plan; traffic safety requirements for inland waterways and roads.

2. Provisions on tendering and related matters concerning tendering 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 any subsequent amendments and supplements (if any); and relevant laws.

Article 6. Organizing the ordering of public service provision for ferry terminal operation and exploitation

1. Ordering the provision of public services for ferry terminal operation and exploitation must comply with the provisions set out in Article 14 of Decree No. 32/2019/NĐ-CP.

2. The ordering dossier must include the operational procedures, exploitation requirements; quality service requirements according to the operational plan; traffic safety assurance requirements for inland waterways and roads.

Article 7. Adjusting the budget for ordering, adjusting tender contracts for providing public services for ferry terminal operation and exploitation

1. The budget for ordering the provision of public services for ferry terminal operation and exploitation may be adjusted in the following cases:

a) The State changes regarding salary mechanisms and policies;

b) The State adjusts economic and technical norms, cost standards, prices, unit prices of public services, and changes the quantity and volume of ordered public services;

c) Unforeseeable causes as stipulated by law affecting the provision of public services.

3. Adjustments to tender contracts for providing public services for ferry terminal operation and exploitation shall be carried out in accordance with the provisions of the contract and laws on bidding and construction contracts.

Article 8. Supervision, acceptance, payment, settlement of public services for ferry terminal operation and exploitation

1. Agencies and units entrusted to manage and use capital for ordering, selecting contractors to provide public services in the road sector are responsible for supervising, accepting, paying, and settling public services for ferry terminal operation and exploitation and bear responsibility for the results of their implementation.

2. Public service organizations, service providers, contractors implementing public services are responsible for the results of implementation and the quality of public service provision as prescribed by law.

Article 9. Responsibilities of agencies and units in organizing tenders and ordering the provision of public services for ferry terminal operation and exploitation

a) Performs the responsibilities of an authorized person as prescribed by law on bidding and this Circular;

b) Decides and bears responsibility for applying tendering methods and ordering the provision of public services for ferry terminal operation and exploitation.

a) To develop ordering plans, contractor selection plans to submit for approval by competent authorities;

b) To organize tenders and ordering of public services in accordance with Decree No. 32/2019/NĐ-CP, laws on bidding, and provisions of this Circular.

Article 10. Effective Date

This Circular takes effect from February 15, 2021. It abolishes Circular No. 31/2014/TT-BGTVT dated August 5, 2014, issued by the Minister of Transport guiding bidding and ordering production and supply of public utility products and services for management and maintenance of road works using the Central Road Maintenance Fund, and Circular No. 38/2017/TT-BGTVT dated November 1, 2017, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 31/2014/TT-BGTVT dated May 8, 2014, guiding bidding and ordering production and supply of public utility products and services for management and maintenance of road works using the Central Road Maintenance Fund.

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director General of the Vietnam Highway Administration, Directors of Provincial Transport Departments, Heads of agencies, organizations, and individuals related to this matter are responsible for enforcing this Circular.