Thông tư 158/2016/TT-BTC

CIRCULAR

ON THE MANAGEMENT AND UTILIZATION OF THE SOFTWARE FOR AGGREGATION OF DATA ON LAND TRANSPORT INFRASTRUCTURE ASSET INVENTORY

Pursuant to the Law of management and use of state-owned property dated June 03, 2008;

Pursuant to the Government’s Decree No. 10/2013/ND-CP dated January 11, 2013 on the management and utilization of land transport infrastructure assets;

Pursuant to the Government’s Decree No. 215/2013/ND-CP dated December 23, 2013 on the functions, missions, authority and organizational structure of the Ministry of Finance;

At the request of the Head of Agency of Public Asset Management;

Minister of Finance promulgates the Circular on the management and utilization of the software for aggregation of data on land transport infrastructure asset inventory

Chapter I

GENERAL

Article 1. Scope

This Circular governs the management and utilization of the software for aggregation of data on land transport infrastructure asset inventory (referred to as the software) for updating and aggregating asset information into the national database of land transport infrastructure assets.

Article 2. Regulated entities

1. Ministry of Finance and Ministry of Transport.

2. Provincial People’s Committees.

3. Provincial Departments of Finance and Departments of Transport.

4. Bodies and agencies managing directly the land transport infrastructure asset: Regional road management units; People’s Committees of districts, townships and cities (referred to as district People’s Committees); People’s Committees of communes, wards and towns (referred to as communal People's Committees)

5. Organizations and individuals in relation to the management and use of land transport infrastructure assets.

Chapter II

SPECIFIC

Article 3. Software requirements

1. Computer requirements and Internet access: The computer has to be installed with a Windows operating system and antivirus application with regularly updated security patches and virus definitions, respectively. It is installed with the TCVN 6909:2001 unicode font and connected to the Internet.

2. Software administrator is provided an account by the Ministry of Finance and granted access rights as recommended in writing by the Ministry of Transport or relevant provincial Department of Finance.

3. Software user is provided an account by the Ministry of Finance and granted access as recommended in writing by the Ministry of Transport or relevant provincial Department of Finance.

4. If the software administrator or user changes, the Ministry of Transport and relevant provincial People’s Department shall be responsible for reporting promptly in writing to the Ministry of Finance for proper solutions.

Article 4. Entity identifier code in the software

1. The entity identifier code in the software is the state budget code granted by the Ministry of Finance or a Department of Finance according to the Circular No. 185/2015/TT-BTC dated November 17, 2015 by the Ministry of Finance on guidelines for the registration, issuance and use of the state budget code. Such code is standardized and converted accordingly so that a state budget code can be used as the entity identifier code in this software.

2. An agency, organization or individual designated to manage and utilize the land transport infrastructure assets but having no state budget code can use the tax code to indentify itself and assign a suitable entity identifier code.

3. Identification and code assignment shall be handled by the software administrator of the Ministry of Transport or provincial Department of Finance according to the Ministry of Finance’s guide for the use of the software for aggregation of data on land transport infrastructure assets inventory.

Article 5. Input, validation and standardization of data into the software

1. The data on land transport infrastructure assets in the software is subject to pre-input verification and validation by the Directorate for Roads of Vietnam (in regard to the land transport infrastructure assets under central bodies’ authority) or a Department of Transport (in regard to the land transport infrastructure assets under local authorities’ management) according to Point b, Section 3, Article 8, Circular No. 178/2013/TT-BTC dated December 02, 2013 by the Ministry of Finance on details and guidelines for the implementation of certain articles of the Government’s Decree No. 10/2013/ND-CP dated January 11, 2013 on the management and use of land transport infrastructure assets (hereinafter referred to as the Circular No. 178/2013/TT-BTC).

2. Software input:

a) Information reported via Form No. 01-BC/TSHTDB annexed to the Circular No. 178/2013/TT-BTC and other forms for land transport infrastructure asset inventory and classification in Appendix 01 to this Circular.

b) Supplementary information on land transport infrastructure assets newly invested and constructed, acquired in use, liquidated, transferred or on the renaming, division, merger or dissolution of the asset management organization. Supplementary information on:

- Land transport infrastructure assets newly invested and constructed or acquired as reported via Form No. 01-BC/TSHTDB annexed to the Circular No. 178/2013/TT-BTC or the forms in Appendix 01 to this Circular.

- Changes in the supervisory organization as reported via Form No. 02-BC/TSHTDB annexed to the Circular No. 178/2013/TT-BTC

- Revisions to the land transport infrastructure assets as reported via Form No. 03-BC/TSHTDB annexed to the Circular No.178/2013/TT-BTC

- Removal of information from the database as reported via Form No. 04-BC/TSHTDB annexed to the Circular No.178/2013/TT-BTC

3. The input, verification and standardization of the data on land transport infrastructure assets in the database shall adhere to the following procedure:

a) Land transport infrastructure assets under central bodies' authority

Directorate for Roads of Vietnam shall verify the fullness and precision of the report from the asset management organization, endorse such report and send 01 set of documents as defined in Point a, Section 2 of this Article to the financial agency of the Ministry of Transport. The financial agency of the Ministry of Transport shall input the asset data into the software in no more than 30 working days upon receiving the report from the Director for Roads of Vietnam.

b) Land transport infrastructure assets under local authorities’ management

Department of Transport shall verify the fullness and precision of the report from the asset management organization, endorse such report and send 01 set of documents as defined in Point a, Section 2 of this Article with the copies of relevant papers to the relevant Department of Finance. Department of Transport shall input the asset data into the software in no more than 30 working days upon receiving the report from the organization assigned to manage the land transport infrastructure assets. Department of Finance of the relevant province or centrally-affiliated city shall collate the report endorsed by the Department of Transport and the information inputted into the software and assume liability for the accuracy of such information for validating the input into the database. If the data in the report endorsed by the Department of Transport differs from that in the software, the provincial Department of Finance shall deny validation and notify the Department of Transport for revision to the software’s data.

If the organization managing the land transport infrastructure assets is granted right to input data, it shall enter the asset information into the software and submit 02 sets of documents defined in Point a, Section 2 of this Article with the copies of relevant papers to the Department of Transport. Department of Transport shall examine the report from the asset management organization to verify the fullness and precision of such report, endorse it and send the documents to the Department of Finance in no more than 30 working days upon receiving the asset management organization's report. Department of Transport shall retain 01 set of documents. Department of Finance shall base on the organization’s report on paper (as endorsed by the Department of Transport) to collate data and assume liability for its accuracy for validating input into the database. If the data in the report endorsed by the Department of Transport differs from that in the software, the provincial Department of Finance shall deny validation and notify the asset management organization for proper revision.

Department of Finance of the relevant province or centrally-affiliated city shall be responsible for inspecting the asset management organization’s data updates intra vires to standardized the data in the database in complete and precise manner.

4. The financial agency of the Ministry of Transport and provincial Department of Finance shall consider actual circumstances and report to the Ministry of Transport and Chairperson of the provincial People’s Committee for granting the asset management organization the right to input data into the software. Such data shall be subject to validation by the financial agency of the Ministry of Transport and the provincial Department of Finance. The authorization of such right is subject to written approval of the Ministry of Finance.

Article 6. Responsibilities for administration and utilization of information in the national database on land transport infrastructure assets

1. Responsibilities of Ministry of Finance

a) Lead and cooperate with the Ministry of Transport in ameliorating the content and procedure for management of land transport infrastructure assets as per the legislation on management and use of state-owned property;

b) Fulfill requirements for servers, Internet speed and other facilities for safe and secure management and operation of the national database on land transport infrastructure assets;

c) Create accounts for administrators and users of the software upon requests of the Ministry of Transport or provincial People’s Committees; grant access rights to account holders;

d) Provide guidelines, inspect, expedite and evaluate the updates in the national database on central and local land transport infrastructure assets as per the legislation on management and use of state-owned property;

dd) Administer and utilize the information from the national database on land transport infrastructure assets for state management of state-owned property.

2. Responsibilities of Ministry of Transport

a) Provide instructions and guidelines, inspect the compliance with the legislation on land transport infrastructure asset management at central and local levels and the update to the national database on land transport infrastructure assets according to this Circular;

b) Cooperate with the Ministry of Finance in ameliorating the content and procedure for management of land transport infrastructure assets as per the legislation on management and use of state-owned property;

c) Cooperate with the Ministry of Finance in administering and utilizing information from the national database on land transport infrastructure assets.

3. Responsibilities of provincial People’s Committees

a) Direct the Department of Finance, Department of Transport and relevant agencies to implement strictly the regulations on administration and utilization of the national database on land transport infrastructure assets according to this Circular and relevant legal regulations;

b) Direct the Department of Finance, Department of Transport and relevant agencies to report the management and utilization of land transport infrastructure assets upon requests of competent government authorities.

Article 7. Use of data

1. The national database on land transport infrastructure assets is a constituent of the national database on state-owned property. The information in the national database on land transport infrastructure assets is as valid as that in paper documents.  

2. The information in the national database on land transport infrastructure assets shall be the basis of the estimation of expenses, verification of final statements, inspection and auditing of the construction, upgrade, renovation, repair, reassignment, leasing, transfer and liquidation of land transport infrastructure assets. Moreover, it shall be the basis of the reporting of the management and use of state-owned property as per the laws.

3. Holders of accounts granted by the Ministry of Finance shall have the right of access to the information of the entities in the national database on land transport infrastructure assets.

Article 8. Expenditure for management and utilization of the software

1. The expenditure for development, management, upgrade and maintenance of the software shall be apportioned according to the Ministry of Finance’s annual state budget estimate and other sources (if available).

2. The expenditure for input, validation and standardization of data in the software shall be apportioned according to the annual state budget estimates of the Ministry of Transport and provincial authorities. The spending on input, validation and standardization of land transport infrastructure asset data shall be subject to Article 4 of the Circular No. 194/2012/TT-BTC dated November 15, 2012 by the Ministry of Finance on guidelines for the spending on establishment of electronic data for sustaining regular activities of state-funded agencies and organizations.

Chapter III

IMPLEMENTATION

Article 9. Implementation

1. This Circular comes into force as of January 01, 2017.

2. Point c, Section 3, Article 8 of the Circular No. 178/2013/TT-BTC dated December 02, 2013 by the Ministry of Finance on details and guidelines for the implementation of certain articles of the Government’s Decree No. 10/2013/ND-CP dated January 11, 2013 on the management and use of land transport infrastructure assets.

3. If the documents quoted in this Circular are amended or replaced, the amendments and replacements shall be applicable.

Article 10. Implementation

1. Ministry of Transport and provincial People’s Committees shall direct relevant agencies and organizations to implement this Circular.

2. Difficulties must be reported promptly to the Ministry of Finance for joint solutions./.