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THE
MINISTRY OF TRANSPORT - MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
71/2014/TTLT/BGTVT-BTC
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Hanoi, December
10, 2014
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JOINT CIRCULAR
REGULATIONS ON COSTS
OF TRAFFIC SAFETY ASSESSMENT FOR ROAD WORKS IN OPERATION
Pursuant to the Law on Road Traffic dated
November 13, 2008;
Pursuant to the Government’s Decree No.
11/2010/NĐ-CP dated February 24, 2010 regulating management and protection of
road traffic infrastructure;
Pursuant to the Government’s Decree No.
107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Transport;
Pursuant to the Government's Decree No.
215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No.
112/2009/NĐ-CP dated December 14, 2009 on management of work investment and
construction costs;;
The Minister of Transport and the Minister of
Finance promulgates the Circular regulating costs of traffic safety assessment
for road works in operation.
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This Circular regulates establishment and
management of traffic safety assessment costs with respect to road works in
operation as defined in Clause 2, Article 13 of the Government’s Decree No.
11/2010/NĐ-CP dated February 24, 2010 regulating management and protection of
road traffic infrastructure (hereinafter referred to as the Decree No.
11/2010/NĐ-CP).
Article 2. Regulated entities
This Circular applies to agencies, organizations
and individuals concerning establishment, management of traffic safety costs
with respect to road works in operation.
Article 3. Costs of traffic safety assessment
for road works in operation
1. With respect to national road network, costs of
traffic safety assessment shall be allocated from Central Road Maintenance
Fund.
2. With respect to local road network (provincial
roads, urban roads, district roads), the costs of traffic safety assessment
shall be allocated from local road maintenance funds and other sources.
3. With respect to road projects in the form BOT
contract, BTO contract, the costs of traffic safety assessment shall be
calculated in the contract’s financial method. In case the contract is signed
before the effective date of this Circular, the costs of road traffic safety
assessment shall be allocated from road maintenance costs according to BOT, BTO
contracts.
4. With respect to specialized roads, roads that
not managed, operated by the State, roads invested and constructed not from
state budget capital (hereinafter referred to as specialized roads), the costs
of traffic satety assessment shall be incurred relevant organizations, individiuals.
Article 4. Traffic safety assessment costs
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2. Traffic safety assessment costs
a) Direct costs
- Costs for experts
Costs for experts shall be determined by number,
work time and pay of experts, specifically:
Quantity and work time of experts shall be
determined by specific quantity of workload for traffic safety assessment,
requests for progress and qualification of each expert. In reliance on scale,
nature of the works, progress of traffic safety assessment, factors concerning
traffic safety assessment, regulations on qualifications of organizations,
individuals involved in traffic safety assessment and other applicable
regulations, number and work time of each expert shall be determined.
Pay of experts includes pay by various ranks and
grades, allowances and other employer contributions according to applicable
regulations.
- Costs for materials
Costs of materials are determined in reliance on
types and quantity according to applicable regulations on price of materials.
Price of materials shall be determined according to local price announcement;
In case materials are not included in the local price announcement, the market
price provided by functional organizations, prices from manufacturers and
suppliers, or prices applied to the tasks of similar standard, quality shall be
based on for determination.
- Costs for machinery and equipment
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- Other direct costs: costs for site survey,
travels, conferences, seminars and other costs serving traffic safety
assessment. Other direct costs shall be determined as follows:
+ Costs for site survey shall be determined
according to the number of surveys, vehicles used and other costs necessary as
follows:
+ Costs for conferences, seminars, travels
determined by requests for traffic safety assessment tasks. Expense level shall
be instructed in the Circular No. 97/2010/TT-BTC dated July 06, 2010 of the
Minister of Finance regulating costs for business trips, organization of
conferences for state agencies and public service providers.
b) Administrative expense
Administrative expense means an expense used for
maintaining operation of traffic safety assessment enterprises and other
expenses used for serving traffic safety assessment tasks. Administrative
expense is determined by a maximum of 55% of the costs for experts;
c) Other expenses
Other expenses include expenses for formation of
outlines and estimates and other expenses necessary for serving traffic safety
assessment tasks;
d) Pro forma taxable income
Pro forma taxable income shall be determined by 6%
of total costs for experts, management and others;
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VAT is determined according to the regulations of
the Law on VAT and regulations of the Law on Taxation.
Article 5. Construction of contents and cost
estimates of traffic safety assessment
1. Responsibilities for constructing contents and
cost estimates of traffic safety assessment as defined as follows:
a) Agencies assigned with the management of
national roads (Road Management Department, the Services of Transport and other
relevant agencies):
b) The Services of Transport or agencies
decentralized on provincial, urban roads;
c) People’s
committees of communes with respect to commune roads;
d) The investor or project management enterprises
with respect to the roads in operation according to BOT, BTO contracts;
dd) Agencies, organizations, and individuals with
respect to specialized roads;
2. In case any
agency, organization or individual that is responsible for forming the contents
and cost estimates of traffic safety assessment is not qualified, a qualified
consultant must be hired as a substitute to do the tasks. Tax for the
formation of contents and cost estimate for assessment shall be included in
other expenses as prescribed in Point a, Clause 2, Article 4 hereof and be
cost-estimated according to applicable regulations.
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1. Contents and cost estimates of traffic safety
assessment shall be submitted by agencies or organizations as defined in Clause
1, Article 5 hereof to competent agencies for assessment and approval.
2. Competent authorities regulate as follows:
a) The Ministry of Transport for highways;
b) Directorate for Roads of Vietnam for national
roads (except highways);
c) People’s
committees of provinces or agencies authorized for urban roads, provincial
roads and district roads;
d) Agencies, organizations, and individuals as
owners of specialized roads for specialized roads.
3. Results of assessment shall be made into reports
on formation of content and cost estimates of traffic safety assessment.
Article 7. Revision of cost estimates of traffic
safety assessment
Cost estimates of traffic safety assessment shall
be revised in the following cases:
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a) Characteristics of routes, road sections under
traffic safety assessment change;
b) Persons having authority to decide investment
request to supplement traffic safety assessment tasks.
2. In case expenses as prescribed in Article 4
hereof change under new state policies.
Article 8. Formation and allocation, payment and
final settlement of traffic safety assessment costs
Implementation is defined under the Law on State
Budget and guiding documents.
Article 9. Implementation
1. The Ministry of Transport, Directorate for Roads
of Vietnam and state management agencies on local transport shall be
responsible for cooperating with financial agencies at the same level in
carrying out regular and unregular inspection of the management, use, payment
and final settlement of traffic safety costs for road works in operation at the
units assigned the tasks of traffic safety assessment.
2. Expenses for traffic safety assessment that are
found inappropriate, not in accordance with this Joint Circular shall be taken
back to the state budget; any person who orders such wrong payment shall be
liable for paying compensation.
Article 10. Effect
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2. In case any document excerpted in this Circular
is modified, replaced, new documents shall be applied.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of
Transport, the Ministry of Finance for early handling./.
PP THE MINISTER
THE MINISTER OF FINANCE
DEPUTY MINISTER
Truong Chi Trung
PP THE MINISTER
THE MINISTER OF TRANSPORT
DEPUTY MINISTER
Nguyen Hong Truong