Circular No. 53/2017/TT-BXD on tendering, ordering production and supplying public utility 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 hereby issues this Circular providing for tendering, ordering production, and supplying public goods and services for managing and maintaining national inland waterways within 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 tendering, ordering production, and supplying public goods and services for managing and maintaining national inland waterways within 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 infrastructure of inland waterway traffic, handling traffic congestion that cannot ensure safe passage due to natural disasters or human causes, which must be carried out immediately to ensure smooth and safe traffic operations according to regulations;

b) For public goods and services: surveying and monitoring the actual condition of navigation channels for vessels; organizing traffic, inspecting and protecting works belonging to inland waterway traffic infrastructure; managing, installing, adjusting inland waterway signals on land and underwater; monitoring hydrology, hydrography, counting vessels; regular maintenance and repair of signals, equipment, facilities serving on operational inland waterways and other tasks directly related to the regular maintenance of inland waterways, if they need to be carried out continuously from January 1st each year and to ensure safety according to regulations, then they may be implemented through ordering from the time the Ministry of Transport allocates the state budget expenditure plan until the completion of the tender process, signing contracts, and starting the provision of public goods and services according to regulations, but not exceeding three months from the date the Ministry of Transport allocates the state budget expenditure plan.

3. From the effective date of this Circular until the end of 2018, implementation shall be in accordance with Clause 4, Article 4 of 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.

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. On the basis of the state budget expenditure estimate assigned by the Ministry of Transport, the following agencies and units shall organize the tendering to select entities to carry out the production and supply of public goods products and services for inland waterway management and maintenance in accordance with regulations, 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 specified in Clause 1 of Article 4 of this Circular shall have the responsibility to establish, review and submit to the competent authority for approval the plan to select bidders; perform the responsibilities of the project owner and the tender inviter in accordance with current laws on tendering.

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

Based on the approved results of selecting bidders, agencies and units specified in Clause 1 of Article 4 of this Circular shall implement signing contracts, supervision, acceptance, and payment, settlement of public goods products and services in accordance with 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. On the basis of the state budget expenditure estimate assigned by the Ministry of Transport and the approved prices of public goods products and services, agencies and units specified in Clause 1 of Article 4 of this Circular shall sign contracts for ordering the production and supply of public goods products and services for inland waterway management and maintenance in accordance with Chapter III of Decree No. 130/2013/ND-CP dated October 16, 2013 of the Government on the production and supply of public goods 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 include additional contents in the contract but not contrary to the law and not changing the approved prices of public goods products and services for inland waterway management and maintenance.

2. The Vietnam Inland Waterways Administration is the authority approving the prices of public goods products and services for inland waterway management and maintenance. Procedures and processes for establishing and reviewing the prices of public goods products and services for inland waterway management and maintenance shall be carried out in accordance with 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 in accordance with Clause 1 of Article 7 of this Circular shall implement adjustments to the contract after receiving written approval from the Vietnam Inland Waterways Administration; such approval must comply with the provisions of Clause 1 of this Article and within the annual budget allocation.

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

Agencies and units signing ordering contracts in accordance with Clause 1 of Article 7 of this Circular shall carry out acceptance, payment, and settlement of the production and supply of public goods products and services for inland waterway management and maintenance in accordance with 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, issued by the Minister of Transport guiding bidding, ordering production, and supplying public goods products and services for national inland waterway management and maintenance within the central government's budget expenditure plan, is hereby abolished.

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

3. In case the legal normative documents serving as the basis and referenced in this Circular are amended, supplemented, or replaced, they shall be implemented 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, Directors of the Vietnam Inland Waterways 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.