Circular No. 53/2017/TT-BGTVT on tendering, ordering production and supplying public service products and services for national inland waterway management and maintenance within the central government budget estimate.

CIRCULAR

Provides for tendering, ordering production, and supplying public goods and services for managing and maintaining national inland waterways within the central government budget.

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Pursuant to the Inland Waterway Transport Law dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Inland Waterway Transport Law dated June 17, 2014;

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. 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;

Pursuant to Decision No. 47/2015/QĐ-TTg dated October 5, 2015 of the Government Prime Minister on mechanisms and policies to encourage the development of inland waterway transport.

AT THE REQUEST OF THE HEAD OF THE FINANCE DEPARTMENT AND THE DIRECTOR OF THE VIETNAM INLAND WATERWAYS ADMINISTRATION;

The Minister of Transport issues the Circular stipulating the bidding, ordering production, and supplying products and public services for managing and maintaining inland waterways under the central government budget.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for mechanisms for tendering, ordering production, and supplying public goods and services for managing and maintaining national inland waterways within the central government budget.

Article 2. Applicability

This Circular applies to organizations and individuals related to bidding, ordering production, and supplying products and public services for managing and maintaining inland waterways under the central government budget.

Article 3. Methods of Supplying Public Goods and Services for Managing and Maintaining Inland Waterways

1. The supply of public goods and services for managing and maintaining inland waterways shall be conducted through tendering, except in cases provided for in Clause 2 of this Article.

2. Implementation through ordering in the following cases:

a) Emergency repair work: repairing damaged inland waterway transportation infrastructure structures, handling traffic congestion that cannot be safely navigated due to natural disasters or human causes, which must be immediately implemented to ensure smooth and safe traffic operations as prescribed.

b) For public service products and services: surveying, monitoring, and reporting on the actual conditions of navigation channels; organizing traffic, inspecting and protecting waterway transportation infrastructure structures; managing, installing, adjusting inland waterway navigation signals on land and underwater; monitoring hydrological data, counting vessels; maintaining and regularly repairing navigation signals, equipment, and facilities serving inland waterway operations currently in use, and other tasks directly related to regular maintenance of inland waterways, which must be carried out continuously from January 1st each year to ensure safety according to regulations, and can be executed through ordering within a period from when the Ministry of Transport allocates the state budget expenditure plan until the completion of bidding, contract signing, and commencement of public service product and service supply, but not exceeding three months from when the Ministry of Transport allocates the state budget expenditure plan.

3. From the date this Circular takes effect until the end of 2018, the provisions at Clause 4, Article 4 of Decision No. 47/2015/QD-TTg dated October 5, 2015 of the Prime Minister regarding mechanisms and policies to encourage the development of inland waterway transport shall apply.

Chapter II

TENDERING AND ORDERING PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES FOR MANAGING AND MAINTAINING NATIONAL INLAND WATERWAYS

Article 4. Organizing tendering for the production and supply of public goods products and services for inland waterway management and maintenance

1. Based on the state budget expenditure plan allocated by the Ministry of Transport, the following agencies and units organize bidding to select entities to produce and supply public service products and services for managing and maintaining inland waterways as prescribed, including:

a) The Vietnam Inland Waterways Administration;

b) Regional Inland Waterways Management Agencies;

c) Units under the Vietnam Inland Waterways Administration that are assigned tasks by the Ministry of Transport in accordance with regulations;

d) Provincial Departments of Transport authorized or delegated by the Ministry of Transport to manage and maintain national inland waterways in accordance with the provisions of the law.

2. Tendering for the production and supply of public goods products and services for inland waterway management and maintenance shall be organized when the following conditions are met:

a) The bidding 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, list of public goods products and services for inland waterways and prices approved in accordance with regulations.

3. Price of tender packages for public goods products and services in management and maintenance of inland waterways:

a) Agencies and units specified in Clause 1 of this Article shall organize the establishment and review of tender package prices;

b) The Vietnam Inland Waterways Administration shall approve the price of tender packages for public goods products and services in management and maintenance of inland waterways.

4. Bidders participating in tendering for the production and supply of public goods products and services for inland waterways must meet the conditions stipulated by current laws on tendering.

Article 5. Responsibilities of agencies and units in organizing tendering for the production and supply of public goods products and services for inland waterway management and maintenance

1. The Vietnam Inland Waterways Administration shall perform the responsibilities of the competent authority in accordance with current laws on tendering.

2. Agencies and units as prescribed in Clause 1, Article 4 of this Circular are responsible for establishing, reviewing, and submitting to the competent authority for approval the tender selection plan; implementing the responsibilities of the project owner and the tender inviter according to current laws on bidding.

Article 6. Acceptance, payment, settlement of public goods products and services implemented through tendering

Based on the approved tender selection results, agencies and units as prescribed in Clause 1, Article 4 of this Circular implement contract signing, supervision, acceptance, and payment settlement of public service products and services according to regulations.

Chapter III

ORDERING THE PRODUCTION AND SUPPLY OF PUBLIC GOODS PRODUCTS AND SERVICES FOR INLAND WATERWAY MANAGEMENT AND MAINTENANCE

Article 7. Organizing ordering to carry out the production and supply of public goods products and services for inland waterway management and maintenance

1. Based on the state budget expenditure plan allocated by the Ministry of Transport and the approved price of public service products and services, agencies and units as prescribed in Clause 1, Article 4 of this Circular implement contract ordering for production and supply of public service products and services for managing and maintaining inland waterways as prescribed in Chapter III of Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on production and supply of public service products and services. The contract includes the following main contents:

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 other contents in the contract, provided they do not contravene the law and do not change the approved price of public service products and services for managing and maintaining inland waterways.

2. The Vietnam Inland Waterway Administration is the agency approving the price of public service products and services for managing and maintaining inland waterways. The procedures for establishing, reviewing the price of public service products and services for managing and maintaining inland waterways are carried out according to current laws on price management.

Article 8. Adjustment of Ordering Contracts

1. Ordering contracts for the production and supply of public goods products and services in inland waterway management and maintenance may only be adjusted in the following cases:

a) The State adjusts economic and technical norms; prices, unit prices of public goods products and services;

b) The State changes mechanisms and policies regarding wages, prices of raw materials, fuels, and materials;

c) Force majeure as defined by law affects the production and supply of public goods products and services.

2. Agencies and units signing contracts as prescribed in Clause 1, Article 7 of this Circular adjust the contract after receiving written approval from the Vietnam Inland Waterway Administration; the approval of contract adjustment must comply with the provisions of Clause 1 of this Article and within the annual state budget allocation.

Article 9. Acceptance, Payment, and Settlement of Public Goods Products and Services under Ordering Method

Agencies and units signing ordering contracts as prescribed in Clause 1, Article 7 of this Circular implement acceptance, payment, and final settlement of production and supply of public service products and services for managing and maintaining inland waterways according to the law.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from March 1, 2018. The Circular No. 26/2014/TT-BGTVT dated July 8, 2014 of the Minister of Transport guiding bidding, ordering production, and supplying products and public services for managing and maintaining national inland waterways under the central government budget expenditure plan is abolished.

2. The provisions of Clause 1 and Clause 2 of Article 3 of this Circular take effect from January 1, 2019.

3. In cases where legal normative documents serving as the basis and referenced in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

Article 11. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Inland Waterway Administration, Directors of Provincial Departments of Transport, Heads of agencies, units, organizations, and individuals related to this Circular are responsible for its implementation.

2. During the implementation process, if any difficulties arise, agencies and units are requested to report to the Ministry of Transport for consideration and resolution.