Circular 10/2020/TT-BGTVT order placement for provision of national inland waterways management

CIRCULAR

On providing placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures

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Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004; the Law on Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Decree No. 32/2019/NP-CP dated April 10, 2019 of the Government on Prescribing the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures;

Pursuant to the Decree No. 12/2017/ND-CP dated February 02, 2017 of the Government on defining the function, tasks, power and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Financial and the Director General of Vietnam Inland Waterways Administration;

The Minister of Transport hereby promulgates the Circular on providing placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures.

Article 1. Scope of regulation

This Circular promulgate the provision of placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures

Article 2. Subjects of application

This Circular apply to the organization and individual related to the provision of placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures.

Article 3. Funding source of the provision for public service for managing and maintaining the national inland waterway

1. The state budget funds for regular expenditures on the public sector of inland waterway economic as prescribed in the Law on State Budget.

2. The amount allowed to retain for expenses in provision of service and collecting charge in accordance with law provisions on charge and fee.

3. Other source in accordance with law provisions (if any).

Article 4. Funding source of the provision for public service for managing and maintaining the national inland waterway

1. The provision for public service for managing and maintaining the national inland waterway shall be implemented according to bidding method except for cases prescribed in Clause 2 this Article.

2. The procedure for remedy of natural disasters and guarantee of waterway transport in the first stage as prescribed in the Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of the Minister of Transport on prevention and control of natural disaster in waterway transport shall be allowed to place order in accordance with law provisions.

Article 5. Agency and unit implement the placement of order and provision for public service for managing and maintaining the national inland waterway

Vietnam Inland Waterways Administration shall be the agency implement the placement of orders, or bidding for provision of public products and services on management and maintain the national inland waterway covered by state budget funds for regular expenditures.

Article 6. Implementation of bidding for the provision for public service for managing and maintaining the national inland waterway

1. Bidding for the provision for public service for managing and maintaining the national inland waterway shall be implemented in accordance with provisions of Article 16 of the Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government on prescribing the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures (hereinafter referred to as the Decree No. 32/2019/ND-CP).

2. The organization of bidding for the provision for public service for managing and maintaining the national inland waterway shall be conducted when the following conditions are fully met:

a) The contractor selection plan is approved;

b) The bidding dossier have been approved;

c) Information on bidding has been published in accordance with the law provisions on bidding;

d) The contents and list of public service for managing and maintaining the national inland waterway be approved;

dd) Price of bidding package of public services for managing and maintaining the national inland waterway approved according in accordance with law provisions.

3. Contractors participating in bidding for the provision of inland waterway public service have to satisfies the conditions on bidding in accordance with law provisions.

4. Particularly for regular maintenance work, bidding shall be conducted when the decision on the allocation of the State budget expenditure estimate of the Minister of Finance be issued and the maintenance plan be approved by the competent state agency.

Article 7. Implementation of the placement of order for the provision of public service for managing and maintaining the national inland waterway

1. The list of public services organized to order: Remedy and handle traffic congestion and organize the recovery of natural disasters on national inland waterway transport infrastructure as prescribed in Article 19 of the Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of the Minister of Transport on disaster prevention and control in the field of inland waterways.

2. Order form and order content: Implement in accordance with the provisions of Clauses 1 and 3, Article 14 of the Decree No. 32/2019/ND-CP.

Article 8. Responsibilities of agencies and units in implementation of the placement of orders for the provision for public service for managing and maintaining the national inland waterway

1. The Director of the Vietnam Inland Waterway Administration shall carry out responsibilities of competent persons according to the current law provisions on bidding.

The Vietnam Inland Water Administration shall organize the bidding for the provision of public services for managing and maintaining of national inland waterways, prepare, evaluate and submit to competent persons for approval of the contractor selection plans; fulfill the responsibilities of the investor and the bid solicitor in accordance with the current law on bidding.

2. The Vietnam Inland Waterway Administration organizes orders for the provision of public services for the managing and maintaining the national inland waterway, and sign contracts for the order for the provision of public services according to Article 12, Article 13 and Article 14 of the Decree No. 32/2019/ND-CP.

3. The Minister of Transport authorizes the Vietnam Inland Waterway Administration to approve the price of public service of management and maintenance of inland waterways according to the method of placement of order.

The order of preparation, procedures for preparation, appraising and valuing public services shall comply with the Law on Prices, the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guide the implementation of a number of articles of the Law on Prices, the Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government on amending and supplementing a number of articles of Decree No. 177/2013/ND- CP dated November 14, 2013 and relevant legal provisions on price management.

Article 9. Adjustment of funding for placement of order, adjusting bidding contracts to provide public services for management and maintenance of national inland waterways

1. Funding for ordering services for management and maintenance of inland waterways shall be adjusted only in the following cases:

a) The State changes the mechanism and policy on salary;

b) The State adjusts economic and technical norms, expenses norms, prices, unit price of public services, changing the quantity and volume of public services ordered;

c) Causes of force majeure as prescribed by law affecting the provision of public services.

2. The agencies and units assigned to engage in the contract of order, the decision on order shall carry out the adjustment of order price for the provision for public service for managing and maintaining the national inland waterway after obtaining the written approval of the Vietnam Inland Waterway Administration; the approval of adjustments to the order budget must comply with the provisions of Clause 1 of this Article and within the annual budget estimates.

3. The adjustment of bidding contracts for the provision of public services for management and maintenance of national inland waterways shall comply with the contract provision and relevant law provisions.

Article 10. Supervision, acceptance, payment and settlement of public services for management and maintenance of national inland waterways

The Vietnam Inland Water Administration shall organize the supervision, acceptance, payment and settlement of public services for the management and maintenance of national inland waterways in accordance with law provisions.

Article 11. Effect

1. This Circular takes effect on July 01, 2020. To annul the Circular No. 53/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on bidding, order production and supply of public services for management and maintenance of national inland waterways covered by the central budget expenditure estimates.

2. In cases where legal documents as a basis and referenced in this Circular are amended, supplemented or replaced, the amending and supplementing or replacing legal documents shall apply.

Article 12. Transitional provisions

Agencies and units affiliated to the Vietnam Inland Waterway Administration assigned by the Ministry of Transport to manage and maintain national inland waterways and agencies and units decentralized by the Ministry of Transport or authorize to implement the management and maintenance of national inland waterways shall continue organizing the placement of order and bidding for the provision of public services for management and maintenance of national inland waterways covered by the state budget of regular expenditures as prescribed in Articles 6, 7, 8, 9 and 10 of this Circular and the provisions of law until the task assignment, decentralization or authorization is completed.

Article 13. Organization of implementation

The Chief of the Ministry Office, the Chief Inspector of the Ministries, the Director General, the Director of the Department of Inland Waterways of Vietnam, the head of relevant agencies, organizations and individuals shall implement this Circular.

For The Minister

The Deputy Minister

Nguyen Nhat