Joint Circular No. 71/2014/TTLT/BGTVT-BTC on traffic safety inspection costs for operational road projects

JOINT CIRCULAR

Provisions on costs for traffic safety inspection of operational road projects

Operational road projects

__________________

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Transport hereby promulgates this Circular stipulating the procedures and formalities for dredging and maintaining the maritime channels of Hai Phong and Saigon-Vung Tau managed by the Ministry of Transport, using state budget funds, piloted under the open bidding mechanism with lump-sum contracts ensuring the design standards of the channel routes from 2015 to 2016 based on the dredging and maintenance plans for maritime channels and lump-sum contracts without adjusting the implementation costs.

The Minister of Transport and the Minister of Finance issue this Circular stipulating provisions on costs for traffic safety inspection of operational road projects

Article 1. Scope of Regulation

This Circular stipulates the establishment and management of costs for traffic safety inspection of operational road projects for cases prescribed in Clause 2, Article 13 of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road transport infrastructure (hereinafter referred to as Decree No. 11/2010/NĐ-CP).

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the establishment and management of costs for traffic safety inspection of operational road projects.

Article 3. Costs for traffic safety inspection of operational road projects

1. For national highway systems, costs for traffic safety inspection shall be allocated from the Central Road Maintenance Fund.

2. For local road systems (provincial roads, urban roads, district roads), costs for traffic safety inspection shall be allocated from the Local Road Maintenance Fund and other lawful sources of funding.

3. For roads implemented under Build-Operate-Transfer (BOT) contracts or Build-Transfer-Operate (BTO) contracts, costs for traffic safety inspection shall be included in the financial plan of the contract. In cases where the contract was signed before this Circular takes effect, costs for traffic safety inspection shall be allocated from the maintenance costs of the constructed road according to the BOT or BTO contract of the Project Owner.

4. For dedicated roads, roads not managed and operated by the State, and roads built without using state budget funds (collectively referred to as dedicated roads), costs for traffic safety inspection shall be borne by the organization or individual managing and operating such roads.

Article 4. Contents of costs for traffic safety inspection

1. Costs for traffic safety inspection of operational road projects (hereinafter referred to as "traffic safety inspection costs") include all necessary expenses to complete the work of traffic safety inspection as prescribed in Circular No. 39/2011/TT-BGTVT dated May 18, 2011 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP.

2. Contents of costs for traffic safety inspection:

a) Direct costs

- Expert fees

Expert fees are determined based on the number of experts, the working time of experts, and the salary of experts, specifically:

The number of experts and the working time of experts are determined based on specific requirements, workload, and the need for traffic safety inspection, the required inspection schedule, and the expertise of each expert. Based on the scale, nature of the project, the inspection schedule, other factors related to the inspection work, legal regulations on the qualifications of organizations and individuals conducting traffic safety inspections, and current regulations, the number of experts and their working time are determined.

Expert salaries include salary according to rank, allowances, and contributions made according to current state regulations.

- Material costs

Material costs are determined based on the type and quantity of materials according to current regulations and the price of the materials used. The price of materials is determined based on the local price announcement; if the material is not listed in the local price announcement, it is determined based on market prices provided by organizations with the function of supply, manufacturer quotations, supplier information, or prices applied to similar works with the same standards and quality.

- Machinery and equipment costs

Machinery and equipment costs are determined based on the required quantity, usage time according to current regulations, and the price of machinery and equipment shifts. The price of machinery and equipment shifts is applied according to the machinery and equipment shift price list published by competent state authorities or the prevailing market price level for machinery and equipment.

- Other direct costs, including: site survey costs, travel costs, conference and seminar costs, and other costs serving traffic safety inspection. Other direct costs are determined as follows:

+ Site survey costs are determined based on the number of survey trips, the means of transportation used, and other necessary costs during the site survey process;

+ Conference and seminar costs and travel costs are determined based on the requirements of the traffic safety inspection work. The expenditure levels are implemented according to Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Minister of Finance stipulating the travel expense system and the cost system for organizing conferences for state agencies and public service units.

b) Management costs

Management costs are the expenses for maintaining the operation of the organization conducting traffic safety inspections and other management expenses serving the traffic safety inspection work. Management costs are determined at a maximum of 55% of the expert fees;

Other expenses

Other costs include: costs for preparing the Outline and Budget for traffic safety inspection costs and other necessary costs serving the traffic safety inspection work;

d) Preliminary tax income

Preliminary tax income is determined at 6% of the total expert fees, management costs, and other costs;

đ) Value-added tax

Value-added tax is determined according to the provisions of the Law on Value Added Tax and other tax laws.

Article 5. Construction of Content and Budget for Traffic Safety Audit Costs

1. Responsibilities for constructing the content and budget for traffic safety audit costs are stipulated as follows:

a) The agency entrusted with managing national highways (Highway Administration Bureau, Department of Transport, and other agencies entrusted with managing national highways) for national highways;

b) The Department of Transport or the agency delegated authority for provincial roads and urban roads;

c) The People's Committee of the district for district roads;

d) The investor or project enterprise for roads being operated under BOT or BTO contracts;

đ) Agencies, organizations, or individuals for dedicated-use roads.

2. In cases where the agencies, organizations, or individuals responsible for constructing the content and budget for traffic safety audit costs lack the capacity to perform, they must hire consulting organizations with sufficient professional capacity to carry out the work. The construction and budgeting costs for traffic safety audits are included in other cost items as specified in point c Clause 2 Article 4 of this Circular and are prepared according to current regulations.

Article 6. Review and Approval of Content and Budget for Traffic Safety Audit Costs

1. The content and budget for traffic safety audit costs shall be submitted by the agencies or organizations (units) as stipulated in Clause 1 Article 5 of this Circular to the competent authority for review and approval.

2. The competent authority is defined as follows:

a) The Ministry of Transport for expressways;

b) Vietnam Highway Corporation for national highways (excluding expressways);

c) The People's Committee of the province or the authorized agency for urban roads, provincial roads, and district roads;

d) Agencies, organizations, or individuals owning dedicated-use roads for dedicated-use roads.

3. The results of the review shall be compiled into a Report on the Review of Content and Budget for Traffic Safety Audit Costs.

Article 7. Adjustment of Budget for Traffic Safety Audit Costs

The budget for traffic safety audit costs may be adjusted in the following circumstances:

1. Changes in the volume of traffic safety audit work due to the following reasons:

a) Changes in the characteristics of the route or section being audited for traffic safety;

b) The investment decision-making authority requests additional traffic safety audit tasks.

2. When the costs specified in Article 4 of this Circular change according to new state policies and regulations.

Article 8. Establishment and Allocation, Settlement, and Finalization of Funds for Traffic Safety Audit

Implementation shall follow the provisions of the State Budget Law and guiding documents.

Article 9. Implementation responsibilities

1. The Ministry of Transport, Vietnam Highway Corporation, and local state management agencies for transport have the responsibility to coordinate with financial agencies at the same level to periodically and urgently inspect the management, use, settlement, and finalization of traffic safety audit costs for operational road projects assigned by competent state authorities to conduct traffic safety audits.

2. Any funds spent on traffic safety audits that do not comply with regulations or are incorrectly allocated according to the provisions of this Joint Circular must be recovered and returned to the state treasury; the person who ordered the incorrect expenditure must compensate the public fund.

Article 10. Effective Date

1. This Circular takes effect from February 1, 2015.

2. In cases where referenced documents in this Circular are amended or replaced, the new documents shall apply.

3. During implementation, if there are any difficulties, units are requested to report to the Ministry of Transport and the Ministry of Finance for prompt resolution./.