Joint Circular No. 75/2011/TTLT-BTC-BGTVT guides the establishment and management of prices for public goods and services in the field of road and inland waterway management and maintenance carried out through procurement or allocation of state budget funds.

JOINT CIRCULAR

Guidelines for establishing and managing prices of public goods and services in the field of road and inland waterway management and maintenance carried out through procurement orders and plan allocation using state budget funds.

Implementation shall be conducted according to the method of placing orders and allocating plans for the use of state budget capital.

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Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Inland Waterway Traffic No. 23/2004/QH11 dated June 15, 2004;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on production and supply of public goods and services;

Pursuant to Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain provisions of the Price Ordinance; Decree No. 75/2008/NĐ-CP dated June 9, 2008 of the Government amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain provisions of the Price Ordinance;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 1082/QĐ-TTg dated July 14, 2010 and Decision No. 1386/QĐ-TTg dated August 9, 2010 of the Prime Minister regarding changes in pricing authority for public goods and services in the field of national railway, road, and inland waterway management and maintenance carried out through procurement orders and plan allocation;

The Ministry of Finance and the Ministry of Transport jointly issue guidelines for establishing and managing prices of public goods and services in the field of road and inland waterway management and maintenance carried out through procurement orders or plan allocation using state budget funds as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates guidelines for establishing and managing prices of public goods and services in the field of road and inland waterway management and maintenance carried out through state procurement orders or plan allocation using state budget funds as prescribed in Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on the production and supply of public goods and services.

Article 2. Applicability

This Circular applies to enterprises, organizations, and individuals (hereinafter referred to collectively as units) providing public goods and services in the field of road and inland waterway management and maintenance; economic agencies allocated funds from the state budget in the field of road and inland waterway management and maintenance.

Article 3. Principles for Determining Prices

Prices of public goods and services in the field of road and inland waterway management and maintenance must ensure reasonable and valid costs to complete a unit volume of public goods and services specified in road and inland waterway management and maintenance; they must comply with procedures, regulations, and economic and technical norms issued by competent state authorities and the technical condition of each project or specific work item; they must also align with market conditions at the construction site and the quantity and quality of products and services.

For public institutions performing tasks through procurement orders or plan allocation by the State, expenses already covered by the state budget (if any) shall not be included in the price of public goods and services.

Chapter II

SPECIFIC PROVISIONS

Article 4. Structure and Method of Determining Prices

1. The structure of prices for public goods and services in the field of road and inland waterway management and maintenance for procurement orders and plan allocation shall follow the guidance provided in Appendix No. 01 attached to this Circular, including: hereby jointly issue herein includes:

- Material costs;

- Labor costs;

- Machine costs;

- Other direct costs;

- Common costs;

- Pre-tax income;

- Value-added tax.

2. In cases where the production and supply of public goods and services in the field of road and inland waterway management and maintenance require supervision consultancy, design consultancy, project preparation consultancy, or other consultancy services, the determination of these cost items shall be applied according to the regulations of the Ministry of Construction. management and maintenance of national roads and inland waterways where consulting supervision, design consulting, project establishment consulting, and other consulting works are required, the determination of these cost items shall be implemented in accordance with the regulations of the Ministry of Construction.

3. In cases where the production and supply of public goods and services in the field of national highway and inland waterway management and maintenance, entrusted by the Ministry of Transport to localities for management and maintenance, require management costs for the agency executing the entrusted task, the determination of this cost item shall be applied according to the regulations on determining project management costs of the Ministry of Construction.

4. The method of determining prices of public goods and services in the field of road and inland waterway management and maintenance shall follow the guidance provided in Appendix No. 02 attached to this Circular. hereby jointly issue Add

Article 5. Use of Economic and Technical Norms

The construction of prices for products and public services in the field of management and maintenance of national highways and inland waterways must use the economic and technical norms system issued by competent authorities.

Article 6. Authority to decide on pricing

1. For national highways and inland waterways using central government budget funds.

a) Prices for products and public services in the field of management and maintenance of national highways and inland waterways shall be implemented according to the method of the State placing orders or assigning plans to use central government budget funds as prescribed by the Ministry of Transport or authorized by the Ministry of Transport to economic organizations receiving state budget funding, after obtaining written agreement from the Ministry of Finance.

b) In cases where the Ministry of Transport authorizes, the Ministry of Transport shall issue specific instructions in writing to relevant agencies and units to implement pricing according to regulations.

2. For national highways and inland waterways using local government budget funds.

The provincial People's Committee shall assign the Department of Finance or the Department of Transport to be the main agency to submit to the provincial People's Committee for the establishment of prices based on product and service prices calculated by the unit according to the guidelines set out in this Circular.

Article 7. Time of Price Decision

1. The decision on prices for products and public services shall be made after the budget estimate has been approved by the competent authority.

2. The time limit for reviewing and deciding on prices shall be carried out in accordance with Clause 2 of Article 10 of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance.

Article 8. Adjustment of Contract Prices; Subsidy Levels for Production and Supply of Public Services

The adjustment of contract prices; subsidy levels for production and supply of public services through the method of placing orders or assigning plans shall be carried out in accordance with current laws.

Article 9. Inspection of Implementation of Price Management Regulations

1. The inspection of compliance with price management regulations for products and public services in the field of management and maintenance of national highways and inland waterways shall be carried out in accordance with this Circular hereby jointly issue and other current laws related thereto.

2. Units that violate the provisions of this Joint Circular shall be subject to administrative penalties or criminal prosecution if they cause damage, and must compensate according to the law.

3. Specific authority to impose penalties, procedures, and formalities for imposing penalties shall be carried out in accordance with the law on handling administrative violations.

Chapter III

IMPLEMENTATION

Article 10. Authorities and Responsibilities of Agencies and Units

1. The Ministry of Transport

a) Directing and guiding units and functional agencies to manage prices in accordance with this Joint Circular and related legal documents;

b) Issuing economic and technical norms within their authority; procedures and standards in the field of management and maintenance of national highways and inland waterways as a basis for establishing prices;

c) Taking the lead or coordinating with the Ministry of Finance and related agencies to inspect the implementation of prices for products and public services in the field of management and maintenance of national highways and inland waterways in accordance with this Circular hereby jointly issue and other relevant laws.

2. Ministry of Finance

a) Implementing price management in accordance with this Circular hereby jointly issue and related legal documents;

b) Allocating funds annually from the central government budget to provide products and public services in the field of management and maintenance of national highways and inland waterways;

c) Coordinating with the Ministry of Transport and related agencies to inspect the implementation of prices for products and public services in the field of management and maintenance of national highways and inland waterways in accordance with this Circular hereby jointly issue and other relevant laws.

3. Provincial People's Committees

a) Assigning specific tasks and responsibilities to units and functional agencies to review and decide on prices for products and public services implemented through the method of placing orders or assigning plans;

b) Allocating funds annually from the local government budget to provide products and public services in the field of management and maintenance of national highways and inland waterways in the locality.

c) Directing functional agencies to inspect the implementation of public service product prices in the field of management and maintenance of national highways and inland waterways in accordance with this Circular hereby jointly issue and other relevant laws.

4. Units placed orders by the State or assigned plans

a) Calculating prices for products and public services in the field of management and maintenance of national highways and inland waterways implemented through the method of placing orders or assigning plans based on the provisions of this Joint Circular.

b) Implementing and being responsible for providing products and public services ensuring quality, quantity, and completion time as stipulated.

c) Strictly complying with the provisions of this Circular, hereby jointly issue price management regulations, and other relevant laws.

Article 11. Implementation Organization

1. This Circular takes effect 45 days from the date of signature. Abolish Circular No. 09/2003/TT-BGTVT dated April 14, 2003 of the Ministry of Transport guiding the preparation of estimates for managing and repairing river routes and previous regulations contrary to the content of this Joint Circular.

2. In case of difficulties during implementation, agencies and units are requested to report to the Ministry of Transport, which will take the lead and coordinate with the Ministry of Finance to examine and resolve them./.