Circular 38/2020/TT-BGTVT evaluating managing public service prices maintenance inland waterway

• Official number: 38/2020/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Nguyen Nhat
• Issued Date: 31/12/2020

MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 38/2020/TT-BGTVT	Hanoi, December 31, 2020

CIRCULAR

GUIDING METHODS OF EVALUATING AND MANAGING PUBLIC SERVICE PRICES IN MANAGEMENT AND MAINTENANCE OF INLAND WATERWAY IMPLEMENTED IN FORM OF PLACING ORDER UTILIZING CENTRAL GOVERNMENT BUDGET FROM RECURRENT FUNDING SOURCES

Pursuant to Law on Inland Waterway Transport dated June 15, 2004; Law on amendments to Law on Inland Waterway Transport dated June 15, 2014;

Pursuant to Decree No.163/2016/ND-CP dated December 21, 2016 of Government on elaborating to a number of Articles of Law on State budget;

Pursuant to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on elaborating to Law on Prices; Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government on amendment to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on elaborating to Law on Prices;

Decree No. 45/2018/ND-CP dated March 13, 2018 of the Government on management, utilization and extraction of inland waterway transport infrastructure;.

Pursuant to Decree No. 32/2019/ND-CP dated April 10, 2019 of Government on assignment, order placement or bidding for product and public service provision using state budget from recurrent expenditure;

Pursuant to Decree No. 12/2017/ND-CP dated December 10, 2017 of the Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

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Minister of Transport promulgates Circular guiding methods of evaluating and managing public service prices in management and maintenance of inland waterway implemented in form of placing order utilizing central government budget from recurrent funding sources.

Article 1. Scope

This Circular guides methods of evaluating and managing public service prices in management and maintenance of inland waterway implemented in form of placing order utilizing central government budget from recurrent expenditure according to Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government on assigning tasks, placing order or bidding for provision of public services and products utilizing state budget from recurrent expenditure.

Article 2. Regulated entities

This Circular applies to agencies, organizations and entities related to organization for implementation and provision of public service products in management and maintenance of inland waterway in form of placing order utilizing central government budget from recurrently funding sources.

Article 3. Rules of determining price

Prices of public services in management and maintenance of inland waterway (hereinafter referred to as “public service prices”) are determined in order to guarantee:

1. Compensating for realistic cost reasonably and legitimately, generating revenues to complete a unit of public service satisfactory to standards, regulations and technical status of each structure or each specific work item on the basis of economic – technical norms in management and maintenance of inland waterway and other relevant regulations issued by competent authorities; excluding costs serving other production activities other than public services.

2. Suiting market situations where constructions take place and service quantity, quality.

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Article 4. Component and methods of determining public service prices

1. Components of public service prices for management and maintenance of inland waterway implemented after the Government places orders for entities shall conform to Annex 1 attached hereto, including: 

a) Direct costs including: Material costs; Personnel costs; Construction machinery and equipment costs.

b) General costs.

c) Advanced taxable income.

d) Value-added Tax.

dd) Post-tax public service prices.

2. Methods of determining prices for management and maintenance of structure shall conform to Annex 2 attached hereto.

3. For repair affairs and other affairs, conform to regulations and law on investment for construction and relevant law provisions.

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Article 5. Other relevant costs

1. In case additional costs must derive as per the law such as: consultancy for project preparation, design consultancy, supervision consultancy, other consultancy affairs: appraisal costs; traffic safety assurance costs serving construction repair, audit and settlement, these costs shall be calculated for specific tasks on the basis of regulations and law on management of construction investment costs and regulations on settlement of finished projects affiliated to state budget.

2. Costs for managing public service order (if any):

a) Costs for managing public service order (if any) refer to costs serving management affairs of entities assigned to manage order placement of public services.

Costs for managing public service order for regular and irregular repair affairs eligible to be considered as constructions as per construction law shall be determined according to norm for costs for project management developed by Ministry of Construction for construction projects.

For costs for managing public service order for regular management and maintenance affairs determined by percentage of total costs for regular management and maintenance under decisions on assigning annual state budget expenditure estimates of Ministry of Transport, the percentage shall be calculated based on norms on project management costs prescribed by Ministry of Transport for construction investment projects.

b) Entities assigned to manage public service order shall only use these costs when they are not guaranteed by state budget to provide public services.

Article 6. Deadline for appraising and deciding prices

1. Decision on public service prices shall be implemented as soon as state budget expenditure estimates are transferred to Ministry of Transport by Ministry of Finance.

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Article 7. Price adjustment in purchase orders, subsidies and support for public services

Adjustment of purchase orders, amount of subsidies and support for public services shall conform to applicable regulations and law.

Article 8. Rights and responsibilities of agencies and entities

1. Vietnam Inland Waterway Administration shall organize appraisal and decide on public service prices in management and maintenance of inland waterway as per the law.

2. Agencies and entities assigned with state budget expenditure estimates are responsible for preparing, appraising and requesting competent individuals to approve public service prices for managing and maintaining inland waterways; implementing responsibilities of project developers as per applicable laws on prices.

Article 9. Entry into force

1. This Circular comes into force from February 15, 2021 and replaces Joint Circular No. 18/2016/TTLT-BGTVT-BTC dated June 30, 2016 of joint Ministry of Transport and Ministry of Finance guiding methods of determining prices and managing prices of public service products in management and maintenance of inland waterway in form of the Government places order utilizing central government budget.

2. If the legislative documents referred to this Circular are amended or replaced by other legislative document, the new documents will prevail.

Article 10. Implementation

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2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Nhat