CIRCULAR

ORDER PLACEMENT AND BIDDING FOR PROVISION OF NATIONAL INLAND WATERWAYS MANAGEMENT AND MAINTENANCE PUBLIC SERVICES UTILIZING STATE 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 17, 2014;

Pursuant to Decree No. 32/2019/ND-CP dated April 10, 2019 of Government on assignment, order placement or bidding for provision of public services utilizing state budget from recurrent funding sources;

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

At the request of Director General of Finance Department and Director of Viet Nam Inland Waterway Administration;

Minister of Transport promulgates Circular on order placement and bidding for provision of national inland waterway management and maintenance public services utilizing state budget from recurrent funding sources.

Article 1. Scope

This Circular prescribes order placement and bidding for provision of national inland waterways management and maintenance public services utilizing state budget from recurrent funding sources.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in placing order and bidding for provision of national inland waterways management and maintenance public services utilizing state budget from recurrent funding sources.

Article 3. Funding sources for provision of national inland waterway management and maintenance public services

1. Recurrent state budget made in inland waterway economic services according to the Law on state budget.

2. Fees to be spent for service provision and fee collection according to regulations and law on fees and charges.

3. Other sources as per the law (if any).

Article 4. Methods of providing national inland waterway management and maintenance public services

1. Provision of inland waterway management and maintenance public services shall be determined by bidding except for cases specified under Clause 2 of this Article.

2. Phase 1 disaster recovery and traffic circulation specified under Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of Minister of Transport on disaster prevention and counter in inland waterway shall be determined by order placement as per the law.

Article 5. Organizations and entities organizing order placement and bidding for provision of national inland waterway management and maintenance public services

Viet Nam Inland Waterway Administration shall organize order placement and bidding for provision of national inland waterways management and maintenance public services utilizing state budget from recurrent funding sources.

Article 6. Organizing bidding for provision of national inland waterway management and maintenance public services

1. Bidding for provision of inland waterway management and maintenance public services shall comply with Article 16 of Decree No. 32/2019/ND-CP dated April 10, 2019 of Government on assignment, order placement or bidding for provision of public products and services utilizing state budget from recurrent funding sources (hereinafter referred to as “Decree No. 32/2019/ND-CP”).

2. Bidding for provision of inland waterway management and maintenance public services shall be implemented once all following requirements are satisfied:

a) Plans for selecting bidders are approved; and

b) Bidding documents are approved; and

c) Bidding information is uploaded according to bidding laws; and

d) Details and list of inland waterway management and maintenance public services are approved; and

dd) Price of contract package for inland waterway management and maintenance public services is approved as per the law.

3. Bidders participating in bidding for provision of inland waterway public services must satisfy applicable bidding laws.

4. Bidding for regular maintenance shall be implemented when Decisions on allocation of state budget expenditure estimates of Minister are issued and maintenance plans of competent authorities are approved.

Article 7. Organizing order placement for provision of national inland waterway management and maintenance public services

1. List of public service providers placing orders for rectifying, handling traffic congestion and organizing disaster recovery for traffic infrastructures of national inland waterway shall comply with Article 19 of Circular No. 12/2018/TT-BGTVT dated March 28, 2018 of Minister of Transport on disaster prevention and counter in inland waterway.

2. Methods and contents of order placement shall comply with Clause 1 and Clause 3 Article 14 of Decree No. 32/2019/ND-CP.

Article 8. Responsibilities of organizations and entities in organizing order placement and bidding for provision of national inland waterway management and maintenance public services

1. Director of Vietnam Inland Waterway Administration shall fulfill responsibilities of competent individuals according to bidding laws.

Vietnam Inland Waterway Administration shall organize bidding for provision of inland waterway management and maintenance public services, prepare, appraise and request competent individuals to approve plans for selecting bidders; fulfill responsibilities of project developers and procuring entities according to applicable bidding laws.

2. Vietnam Inland Waterway Administration shall organize bidding for provision of national inland waterway management and maintenance public services, sign contracts for placing orders for provision of public services according to Articles 12, 13 and 14 of Decree No. 32/2019/ND-CP.

3. Minister of Transport shall authorize Vietnam Inland Waterway Administration to approve price of orders for inland waterway management and maintenance public services.

Procedures for preparation, appraisal and evaluation of price of public services shall comply with Law on Prices, Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on elaboration to implementation of a number of Articles of the Law on Prices and Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government on amendments to Decree No. 177/2013/ND-CP dated November 14, 2013 and relevant applicable law provisions related to price management;

Article 9. Adjustment of price for placing orders and adjustment of procurement contracts for provision of national inland waterway management and maintenance public services

1. Prices of orders for provision of national inland waterway management and maintenance public services shall only be adjusted in following cases:

a) The Government amends wage and salary mechanisms and policies; or

b) The Government revises economic technical quota, price and unit price quotas of public services and adjusts number and load of public service orders to be placed; or

c) Force majeure as per the law impacts provision of public services.

2. Agencies and entities assigned to sign contracts for order placement and decide on placing orders for provision of public services shall adjust prices for placing orders for national inland waterway management and maintenance public services after receiving written agreement of Vietnam Inland Waterway Administration; agreement on order price adjustment must comply with Clause 1 of this Article and the adjusted price must be within annual budget estimates.

3. Adjustment of procurement contracts for provision of national inland waterway management and maintenance public services shall comply with the contracts and relevant law provisions.

Article 10. Supervision, inspection, payment and settlement of national inland waterway management and maintenance public services

Vietnam Inland Waterway Administration shall organize supervision, inspection, payment and settlement of national inland waterway management and maintenance public services as per the law.

Article 11. Entry into force

1. This Circular comes into effect from July 1, 2020, annuls Circular No. 53/2017/TT-BGTVT dated December 29, 2017 of Minister of Transport on bidding and placing orders for manufacture and provision of national inland waterway management and maintenance public services under expenditure estimates of 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 12. Transition clauses

Agencies and entities affiliated to Vietnam Inland Waterway Administration assigned by Ministry of Transport to manage and maintain national inland waterway and agencies, entities authorized or decentralized by Ministry of Transport to manage and maintain national inland waterway shall continue to organize placing orders and bidding for provision of national inland waterway management and maintenance public service utilizing state budgets from recurrent funding sources according to Articles 6, 7, 8, 9 and 10 of this Circular and relevant law provisions until the assignment, decentralization or authorization concludes.

Article 13. Implementation

Chief of the Ministry Office, ministerial Chief Inspectors, general directors, Director of Vietnam Inland Waterway Administration, heads of agencies, relevant organizations and individuals are responsible for the implementation of this Circular./.