Decree No. 130/2013/ND-CP of October 16, 2013, on the production and provision of public-utility products and services

THE GOVERNMENT

Decree No. 130/2013/ND-CP of October 16, 2013, on the production and provision of public-utility products and services

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on Enterprises;

Pursuant to the November 20, 2012 Law on Cooperatives;

Pursuant to the November 29, 2005 Law on Bidding and the June 19, 2009 Law Amending and Supplementing a Number of Articles of Lawsconcerningcapitalconstructioninvestment;

At the proposal of the Minister of Planning and Investment,

The Government promulgates the Decree on the production and provision of public-utility products and services.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree prescribes:

a/ Criteria and lists of public-utility products and services;

b/ Methods of providing public-utility products and services;

c/ The production and provision of public-utility products and services.

2. If specialized legal documents contain separate provisions on the production and provision of public-utility products and services, which are different from the provisions of this Decree, the provisions of such specialized legal documents will prevail.

Article 2.Subjects of application

This Decree applies to enterprises of all economic sectors; cooperatives registering business in accordance with law; and organizations and individuals with lawful operation registration that are involved in the production and provision of public-utility products and services (below collectively referred to as public-utility product and service producers and providers or contractors in case of participation in biddings for the production and provision of public-utility products and services in accordance with the bidding law); and agencies and organizations involved in organizing the production and provision of public-utility products and services.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Public-utility products and services are identified as products and services when they fully satisfy the following criteria:

a/ Being products and services essential to the socio-economic life of the country or the population community of a territorial area which the State needs to ensure for common interests or for national defense and security maintenance;

b/ The cost of production and provision of these products and services under the market mechanism can hardly be compensated for;

c/ They are produced and supplied under orders placed, or according to plans assigned, by competent agencies or organizations, or through biddings with prices or charges prescribed by the State.

2. Public-utility product and service price subsidy is an amount of financial support from the state budget at a fixed level per product or service unit for public-utility product and service producers and providers to produce and provide public-utility products and services on orders placed by the State.

3. The public-utility product and service price subsidy level is the difference between the sale price prescribed by the State and the reasonable costs of public-utility products and services produced and provided by public-utility product and service producers and providers on orders placed by the State.

4. Support for production and provision of public-utility products and services is an amount of financial support from the state budget for public-utility product and service producers and providers to produce and provide public-utility products and services under plans assigned by the State.

5. The public-utility product and service production and provision support level is the difference between the money amount paid by public-utility product and service beneficiaries as prescribed by the State and the reasonable expenses of public-utility product and service producers and providers for the production and provision of public-utility products and services under plans assigned by the State.

6. Reasonable expenses of public-utility product and service producers and providers are actual expenses related to the production and provision of public-utility products and services as prescribed in the Enterprise Income Tax Law and relevant legal documents.

7. Competent persons are heads (or authorized persons) of agencies or organizations competent to decide on methods of providing public-utility products and services.

8. Bid solicitors, order-placing agencies or plan-assigning agencies are units attached to agencies or organizations competent to decide on methods of providing public-utility products and services, and are tasked to organize biddings, place goods orders or assign plans as provided by this Decree.

Article 4.Lists of public-utility products and services

1. The lists of public-utility products and services are provided in the Appendix to this Decree.

2. In each period, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related agencies in, submitting to the Prime Minister for decision amendments and supplements to the lists of public-utility products and services.

Article 5.Selection of methods of providing public-utility products and services

1. Methods of providing public-utility products and services are selected in the following priority order:

a/ Bidding;

b/ Order placement;

c/ Plan assignment.

2. Methods of providing public-utility products and services prescribed in List A in the Appendix to this Decree:

a/ State-owned single-member limited liability companies shall apply the method of order placement or plan assignment;

b/ Other public-utility product and service producers and providers shall apply the method of order placement;

c/ In case public-utility products and services have unit prices and prices provided at prices set by the State, the method of order placement will apply. If the provision of public-utility products and services is made mainly according to volumes or reasonable expenses for production and provision of public-utility products and services and the provision is made with the collection of charges or fees prescribed by the law on charges and fees, the method of plan assignment will apply.

3. The methods of providing public-utility products and services prescribed in List B of the Appendix to this Decree to be applied by public-utility product and service producers and providers will be bidding or order placement. If the provision of public-utility products and services satisfies the conditions prescribed in Chapter II of this Decree, the method of bidding will apply.

4. Ministries, ministerial-level agencies, government-attached agencies (below collectively referred to as line ministries) and People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) shall formulate and promulgate regulations on management of public-utility products and services within the scope of their functions and assigned tasks, including regulations on quality, specifications, quotas, prices and unit prices as prescribed by the State mainly for the application of the methods of bidding and order placement.

Article 6.Agencies and organizations competent to decide on methods of providing public-utility products and services

Pursuant to Clause 4, Article 5 of this Decree and relevant legal documents:

1. Line ministries shall decide on methods of providing public-utility products and services for public-utility products and services covered by central-budget expenditure estimates and assign them to their attached units for implementation as prescribed.

2. Provincial-level People’s Committees shall decide on methods of providing public-utility products and services for public-utility products and services covered by local budget expenditure estimates and assign them to their attached units for implementation as prescribed.

3. State groups and corporations producing and providing public-utility products and services shall organize biddings, place goods orders or assign plans to their member units for implementation as prescribed.

Article 7.Competence to decide on price subsidy levels and support levels for production and provision of public-utility products and services

1. For important national public-utility products and services, the Ministry of Finance shall assume the prime responsibility for, and coordinate with related agencies in, deciding on, or submitting them to the Prime Minister for decision, specific price subsidy and support levels as prescribed.

2. For public-utility products and services managed by line ministries, line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, deciding on specific price subsidy and support levels.

3. For public-utility products and services managed by provincial-level People’s Committees, specialized provincial-level Departments shall formulate and send the price-subsidy and support plans to provincial-level Finance Departments for appraisal and submission to provincial-level People’s Committees for decision specific price subsidy and support levels.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with line ministries and provincial-level People’s Committees in, formulating and guiding price subsidy and support levels, the price subsidy and support sequence and procedures suitable to the characteristics and situation of production and provision of public-utility products and services. The price subsidy and support sequence and procedures comply with the Law on the State Budget and guiding documents.

Article 8.Rights and obligations of public-utility product and service producers and providers

1. The rights and obligations prescribed for enterprises in the Law on Enterprises and for cooperatives in the Law on Cooperatives.

2. To conclude contracts and implement economic accounting in accordance with law.

3. To be paid at prices or charges under concluded contracts or set levels approved by competent agencies or organizations.

4. To enjoy support and favorable conditions for the production and provision of public-utility products and services as prescribed by the State.

5. To cover expenses according to successful bids when participating in the production and provision of public-utility products and services through bidding.

6. Producers and providers of public-utility products and services under placed orders or assigned plans with the State-set sale prices being lower than reasonable expenses are entitled to state-budget price subsidy or support as prescribed.

7. To produce and provide products and services with adequate quantity, proper quality and on schedule as committed; to be answerable to customers and law for public-utility products and services they have produced and provided.

Article 9.Management of capital and assets serving the production and provision of public-utility products and services of state-owned single-member limited liability companies

State-owned single-member limited liability companies performing public-utility tasks:

1. Shall be invested with adequate capital by the State for the formation of assets to serve the production and provision of public-utility products and services.

2. Shall comply with decisions of agencies or organizations that exercise the ownership over the companies on the transfer of assets serving the public-utility product and service production and provision objectives of the companies for the achievement of the objectives of public-utility product and service production and provision at other companies in case of necessity, which, however, must not reduce the companies’ charter capital as prescribed.

3. May transfer, lease or mortgage assets serving public-utility product and service production and provision under their management when so permitted by the agencies or organizations exercising the ownership over the companies. May mortgage land use rights and assets attached to land use rights serving public-utility product and service production and provision in accordance with the land law.

4. May use the allocated resources for organizing the production and provision of public-utility products and services outside the assigned plans and other business activities when they meet the following conditions:

a/ They are so permitted in writing by the agencies or organizations exercising the ownership over them;

b/ Such activities do not affect the performance of assigned public-utility tasks;

c/ They register the addition of business lines in accordance with law;

d/ They separately account these business activities and fulfill the tax payment obligations as prescribed by law.

Chapter II

BIDDING FOR PRODUCTION AND PROVISION OF PUBLIC-UTILITY PRODUCTS AND SERVICES

Article 10.Conditions for organization of bidding for production and provision of public-utility products and services

Bidding for the production and provision of public-utility products and services can be organized only when the following conditions are fully satisfied:

1. The bidding plan has been approved.

2. The bidding dossier has been approved.

3. Bidding information has been published in accordance with the law on bidding.

4. Contents and lists of public-utility products and services and estimates have been approved by competent organizations defined in Article 6 of this Decree.

Article 11.Bidding participation conditions

To participate in bidding for the production and provision of public-utility products and services, contractors must fully satisfy the following conditions:

1. Having valid capacity as provided in Articles 7 and 8 of the Bidding Law.

2. Submitting only one bid for each bidding package in the capacity as an independent contractor or a partnership contractor. In case of partnership, there must be a written agreement between partners, which clearly states the head of the partnership, common responsibilities and individual responsibilities of each partner for the jobs of the bidding package.

3. Meeting the requirements specified in the bid notice or invitation.

4. Ensuring competitiveness in bidding under Clause 2, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment and Article 3 of the Government’s Decree No. 85/2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of building contractors under the Construction Law (below referred to as Decree No. 85/2009/ND-CP).

Article 12.Forms of bidding

The bidding forms include:

1. Open bidding

Contractors for production and provision of public-utility products and services must be selected through open bidding, except cases specified in Clause 2 of this Article and Chapter III and Chapter IV of this Decree. In open bidding, the number of participating contractors is not limited. The bid solicitors shall provide bidding dossiers to all contractors who wish to participate in bidding. The bidding dossiers must not specify any conditions restricting the participation of contractors or creating advantages for one or a number of contractors, which causes unfair competition.

2. Restricted bidding

Restricted bidding is applied to public-utility products and services that have high or particular technical requirements which can be satisfied only by a number of capable contractors. In restricted bidding, at least five capable and experienced contractors will be invited for participation; if the actual number of participating contractors is fewer than five, the bid solicitors shall report thereon to competent persons for consideration and decision to continue with the restricted bidding or to apply other forms of selection.

Article 13.Sequence of bidding for production and provision of public-utility products and services

1. Making, appraisal and approval of bidding plans.

2. Preparation for bidding.

3. Organization of bidding.

4. Submission, appraisal, approval and notification of bidding results.

5. Negotiation, finalization and conclusion of contracts.

Article 14.Competence to approve bidding plans, bidding dossiers and bidding results

1. Competent persons shall approve plans of bidding for public-utility products and services within their deciding competence.

Appraising agencies and organizations shall make reports on appraisal of bidding plans and submit them to competent persons for consideration and decision.

2. Bid solicitors shall approve bidding dossiers and bidding results. They shall assign organizations or individuals under their units to compile bidding dossiers, and reports on evaluation of bids; assign other organizations and individuals under their units to appraise bidding dossiers and bidding results. In this case, organizations and individuals assigned to formulate and appraise bidding contents shall submit them to the bid solicitors for consideration and decision.

If organizations and individuals under their management have no capacity and experience, the bid solicitors shall select a capable and experienced consulting organization or individual to compile and appraise the bidding dossiers and bidding results. In all cases, the competent persons and bid solicitors shall take responsibility for their own decisions.

Article 15.Formulation, appraisal and approval of bidding plans

The formulation, appraisal and approval of bidding plans comply with Article 6 of the Bidding Law and Chapter II of Decree No. 85/2009/ND-CP.

Article 16.Preparation for bidding

1. To select the short lists

The selection of short lists involves pre-qualification as provided in Clause 1, Article 32 of the Bidding Law, Clause 7, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, Chapter III of Decree No. 85/2009/ND-CP, and the selection of a list of at least five capable and experienced contractors for participation in a restricted bidding as provided in Clause 2, Article 19 of the Bidding Law and Clause 2, Article 12 of this Decree.

2. Compilation and approval of bidding dossiers

The compilation and approval of bidding dossiers comply with Clause 2, Article 32 of the Bidding Law, Articles 24 and 25 of Decree No. 85/2009/ ND-CP and Clause 2, Article 14 of this Decree.

3. Invitation for bids

The invitation for bids complies with Clause 3, Article 32 of the Bidding Law, and Clause 4, Article 23 of Decree No. 85/2009/ND-CP.

Article 17.Organization of bidding

1. Distribution of bidding dossiers

The distribution of bidding dossiers (including revision and clarification of bidding dossiers) complies with Clause 1, Article 33, and Article 34 of the Bidding Law, and Clause 1, Article 28 of Decree No. 85/2009/ND-CP.

2. Preparation of bids

Contractors shall prepare bids under Clause 2, Article 17, and Clause 2, Article 28 of Decree 85/2009/ND-CP.

3. Receipt and management of bids

The receipt and management of bids comply with Clause 8, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Clause 3, Article 17 of Decree 85/2009/ND-CP.

4. Revision or withdrawal of bids

If wishing to revise or withdraw their submitted bids, contractors shall comply with Clause 4, Article 17 of Decree No. 85/2009/ND-CP.

5. Bid opening

The opening of bids complies with Clause 3, Article 33 of the Bidding Law, and Clause 3, Article 28 of Decree No. 85/2009/ND-CP.

Article 18.Evaluation of bids

The evaluation of bids complies with standards on evaluation of bids and other requirements stated in the bidding dossiers on the evaluation principles prescribed in Clause 28 of the Bidding Law, evaluation methods defined in Article 29 of the Bidding Law, Clause 5, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment and the evaluation order (including the clarification of bids) prescribed in Articles 35 and 36 of the Bidding Law, Clause 9, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Articles 29 and 30 of Decree No. 85/2009/ND-CP.

Article 19.Submission, appraisal, approval and notification of bidding results

The submission, appraisal, approval and notification of bidding results comply with Articles 38, 40 and 41 of the Bidding Law, Clauses 10, 11, 12 and 13, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Clause 3 of Article 20, and Articles 71 and 72 of Decree No. 85/2009/ND-CP.

Article 20.Contract negotiation, finalization and signing

The negotiation on, finalization and signing of contracts comply with Article 42 and Chapter III of the Bidding Law, Clauses 14, 16 and 17, Article 2 of the Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Clause 2, Article 31 of Decree No. 85/2009/ND-CP.

Chapter III

PLACEMENT OF ORDERS FOR PRODUCTION AND PROVISION OF PUBLIC-UTILITY PRODUCTS AND SERVICES

Article 21.Conditions on placement of orders for production and provision of public-utility products and services

1. Public-utility product and service producers and providers receiving orders for the production and provision of public-utility products and services must possess business registration, appropriate operation registration, full financial capacity, technical, technological and managerial qualifications, and their workers’ skills satisfy the requirements of order contracts.

2. The placement of orders for production and provision of public-utility products and services must comply with Article 5 of this Decree.

Article 22.Placement of orders for production and provision of public-utility products and services

1. Grounds for order placement:

a/ The unit prices or prices of public-utility products and services produced and provided by the method of order placement, which are determined on the basis of current techno-economic norms and expense norms set by the State and decided by competent agencies or organizations as provided by the Price Law and relevant legal documents;

b/ The sale prices of public-utility products and services set by the State;

c/ If the sale prices of public-utility products and services set by the State are lower than the reasonable expenses determined in the unit prices or prices stated at Point a of this Clause, the producers and providers of public-utility products and services by the method of order placement shall enjoy price subsidies based on the ordered quantity or volumes of products and services;

d/ Based on the assigned estimates and unit prices or prices of public-utility products and services decided by competent agencies or organizations, the order-placing agencies shall determine the quantity or volumes of public-utility products and services for conclusion of order placement contracts.

2. Order placement contracts for production and provision of public-utility products and services:

Based on the characteristics of the ordered public-utility products and services, the order-placing agencies shall sign contracts with order-receiving producers and providers with the following contents:

a/ Names of public-utility products and services;

b/ Quantity or volume;

c/ Quality and specifications;

d/ Prices, unit prices;

dd/ Subsidy levels (if any);

e/ Quantity or volume of price-subsidized public-utility products and services;

g/ Contract value;

h/ Completion time;

i/ Goods delivery: time, location and method;

k/ Methods of pre-acceptance tests and payment;

l/ Responsibility and obligations of the order-placing agency and order-receiving producers and providers;

m/ Liability of parties for breaches of contract, and procedures for settlement.

Parties may agree to supplement a number of other contents in the contracts, which are, however, not contrary to provisions of law and do not change the prices and unit prices of public-utility products and services.

Article 23.Adjustment of order placement contracts

Order placement contracts for production and provision of public-utility products and services may be adjusted only when so permitted by competent agencies or organizations in the following cases:

1. The State adjusts techno-economic norms; public-utility product and service unit prices or price subsidy levels.

2. The State changes mechanisms, wage policies or material and fuel prices.

3. A force majeure event prescribed by law occurs, which affects the production and provision of public-utility products and services.

Article 24.Payment for public-utility products and services produced and provided by the method of order placement

1. Payment bases:

a/ The order placement contract concluded between the order-placing agency and public-utility product and service producers and providers;

b/ Written records of pre-acceptance tests of quantities or volumes and quality of completed public-utility products and services, made by the order-placing agency and public-utility product and service producers and providers;

c/ Prices, unit prices and subsidy levels decided by competent agencies or organizations;

d/ Other relevant documents.

2. The order-placing and order placement contract signing agencies shall make payment for, and settlement of, public-utility products and services according to the order and procedures prescribed in the Law on the State Budget and guiding documents.

Chapter IV

ASSIGNMENT OF PLANS FOR PRODUCTION AND PROVISION OF PUBLIC-UTILITY PRODUCTS AND SERVICES

Article 25.Grounds and time for plan assignment

1. Grounds for plan assignment:

a/ The plan targets for production and provision of public-utility products and services of state-owned single-member limited liability companies performing public-utility tasks, which are set in annual plans reported to competent agencies or organizations; financial capabilities, technical, technological and managerial qualifications and skills of workers of each state-owned single-member limited liability company;

b/ Revenue and expenditure estimates assigned by the State to competent agencies or organizations for production and provision of public-utility products and services;

c/ Charge and fee collection plans (or the charge amounts retained) if the state-owned single-member limited liability companies perform public-utility tasks from the sources of charges and fees prescribed at the Ordinance on Charges and Fees;

d/ Estimates of reasonable expenses for production and provision of public-utility products and services by the method of plan assignment, determined on the basis of current techno-economic norms and expense norms set by the State, and relevant legal documents.

2. Time for plan assignment: The plan- assigning agencies shall complete the assignment of plans to state-owned single-member limited liability companies performing public-utilitytasks before December 31 of the preceding year.

Article 26.Contents of plan assignment

Based on the characteristics of public-utility products and services, the plan-assigning agencies shall decide to assign state-owned one-single limited liability companies to perform public-utility tasks under the following major criteria:

1. Plan for production and provision of public-utility products and services:

a/ Names of public-utility products and services;

b/ Quantity, volume;

c/ Quality and specifications;

d/ Completion time;

dd/ Quantity and volume of products and services eligible for financial support.

2. Financial plans:

a/ Turnover, expenses and profits from the production and provision of public-utility products and services;

b/ The collected charge amount (or the charge amount retained); the difference between the collected charge amount (or the charge amount retained) and the expenses for state-owned single-member limited liability companies performing public-utility tasks from the source of collected charges;

c/ Amounts paid into the state budget under current regulations;

d/ Reasonable expenses for production and provision of public-utility products and services;

dd/ Support levels for public-utility products and services with sale prices lower that the reasonable expenses. If enterprises’ profits are not enough for setting up reward and welfare funds according to regulations, the financial support level for public-utility products and services will cover money amounts as the State’s financial support for setting up these two funds.

3. Some other norms, depending on the characteristics of public-utility products and services or state management requirements.

Article 27.Payment for public-utility products and services produced and provided by the method of plan assignment

1. Bases for payment:

a/  Plan-assigning decisions of agencies which assign plans to state-owned single-member limited liability companies performing public-utility tasks;

b/ Plan-assigning decisions of state groups or corporations with public-utility product and service production and provision tasks assigned to their member enterprises for the production and provision public-utility products and services;

c/ Written records of pre-acceptance tests of quantity, volume and quality of completed public-utility products and services made by the plan-assigning agency and the state-owned single-member limited liability company performing public-utility tasks;

d/ Reasonable expenses and support levels decided by competent agencies or organizations;

dd/ Other relevant documents.

2. Agencies make payment for, and settlement of, public-utility products and services under plans assigned by the State, with state budget capital:

a/ Provincial-level People’s Committees shall make payment for, and settlement of, public-utility products and services under plans assigned to their attached state-owned single-member limited liability companies performing public-utility tasks;

b/ Line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, making the payment for, and settlement of, public-utility products and services under plans assigned to state-owned single-member limited liability companies performing public-utility tasks;

c/ State groups and corporations assigned to conduct pre-acceptance tests and payment for public-utility products and services shall carry out procedures for payment for public-utility products and services under plans they have receive from the State and assigned to their member enterprises. The payment for, and settlement of, public-utility products and services assigned to groups and corporations comply with Point a or b of this Clause.

3. State-owned single-member limited liability companies performing public-utility tasks shall make payment for, and settlement of, public-utility products and services with plan-assigning agencies according to the order and procedures prescribed in the Law on the State Budget and guiding documents.

Article 28.Adjustment of plans for performance of public-utility tasks

1. Plans for performance of public-utility tasks may be adjusted when so permitted by competent agencies or organizations in the following cases:

a/ The State adjusts the techno-economic norms; prices and unit prices constituting the reasonable expenses or support levels for public-utility products and services;

b/ The State changes mechanisms, wage policies or material and fuel prices;

c/ A force majeure event prescribed by law occurs, which affects the performance of public-utility tasks,

2. State-owned single-member limited liability companies performing public-utility tasks shall accomplish the assigned plan norms. Their general directors (or directors) shall report to the plan-assigning agencies on the implementation of plan norms, the plan adjustment and take responsibility for the accuracy and truthfulness of reports.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.Effect

1. This Decree takes effect on November 29, 2013.

2. To annul the Government’s Decree No. 31/2005/ND-CP of March 11, 2005, on the production and provision of public-utility products and services, and the Prime Minister’s Decision No. 256/2006/QD-TTg of November 9, 2006, promulgating the Regulation on bidding, order placement and plan assignment for the production and provision of public-utility products and services after this Decree takes effect.

3. The order placement and plan assignment to enterprises serving national defense and security as prescribed in the Government’s Decree No. 104/2010/ND-CP of October 11, 2010, on the organization, management and operation of state-owned single-member limited liability companies to serve national defense and security, comply with Chapter III and Chapter IV of this Decree.

4. In addition to the contents prescribed in Chapter II of this Decree, other contents related to the process of bidding for production and provision of public-utility products and services comply with the law on bidding.

Article 30.Implementation responsibility

1. The Ministry of Planning and Investment, the Ministry of Finance, line ministries and provincial-level People’s Committees shall guide the implementation of this Decree.

2. Line ministries, provincial-level People’s Committees, state groups and corporations shall organize the production and provision of public-utility products and services as assigned; organize the supervision, examination and inspection according to regulations. For public-utility products and services falling within the scope of their management, line ministries and provincial-level People’s Committees shall guide in detail the order of, procedures and dossiers for bidding, order placement and plan assignment for each kind of public-utility products and services.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

Appendix

LISTS OF PUBLIC-UTILITY PRODUCTS AND SERVICES

(To the Government’s Decree No. 130/2013/ND-CP of October 16, 2013)

LIST A

Public-utility products and services produced and provided by the method of order placement, or by the method of plan assignment if the order placement conditions are not met

1. Printing of banknotes and valuable papers; production of coins.

2. Flight control services.

3. Maritime assurance services, including pilotage, coastal information, maritime safety assurance.

4. Management and maintenance of national railroad infrastructure systems.

5. Management and maintenance of airports, including runways and signaling systems.

6. Management and operation of large-scale irrigation works, including inter-provincial or inter-district irrigation works; sea encroachment stone embankment irrigation works.

7. Management and maintenance of sea dykes, flood-diverting works and anti-natural disaster works.

8. Planting and protection of headwater forests, special-use forests, protection forests, ecological forests, and sea encroachment mangrove forests.

9. Production of drugs for preventing and controlling especially dangerous infectious diseases which can transmit very fast and widely with high mortality rate or unknown pathogens.

10. Provision of electricity and clean water for deep-lying, remote, border and island areas.

11. Basic geological, hydro-meteorological and cartographic surveys, water resource, environmental, marine and island surveys.

12. Prospection, exploration and investigation of land, water and mineral resources and other natural resources.

13. Marine rescue services.

14. Technical inspection of motor vehicles.

15. A number of other important products and services as decided by the Prime Minister.

LIST B

Public-utility products and services produced and provided by the method of bidding, or by the method of order placement if the bidding conditions are not met

1. Management and operation of systems of small and medium-scale irrigation works.

2. Mass transit services in urban centers.

3. Services on park management, planting, tending and management of green trees, ornamental pavement flowers, thoroughfares, medians and road islands.

4. Urban water supply and drainage services.

5. Urban power and lighting services.

6. Solid waste collection, classification and treatment, public sanitation services.

7. Funeral services and urban cemeteries.

8. Production of reportages, topical documentary radio and television programs, feature films with order placement or support by the State.

9. Management and maintenance of road infrastructure.

10. Management and maintenance of inland waterways.

11. Transportation and provision of essential commodities and services for people in mountainous, deep-lying and remote regions.

12. Internet broadcasting services for overseas Vietnamese.

13. Public-utility post and telecommunications services.

14. Production of textbooks, books and journals serving teaching and learning; publication of maps, political books and papers; publication of journals, photos and pictures, books and newspapers for ethnic minority people; production of newsreel, documentary and scientific films, and motion pictures for children.

15. Production, supply and storage of plant varieties, animal breeds, aquatic strains, protection of aquatic resources.

16. Plasma-derived products made on an industrial scale (albumin, gamma globulin, coagulators).

17. Production of fish-breeding HCG products.

18. Fishing logistics services in offshore areas.

19. Management, exploitation and maintenance of storm shelters for fishing vessels.

20. Building and repair of special-use watercraft for search and rescue activities.

21. A number of other important products and services as decided by the Prime Minister.-