Thông tư 40/2020/TT-BGTVT

CIRCULAR

ON PROCUREMENT AND ORDER OF PUBLIC SERVICES TO OPERATE ROAD FERRIES UNDER MANAGEMENT OF MINISTRY OF TRANSPORT FUNDED BY THE CENTRAL BUDGET SET ASIDE FOR CURRENT EXPENDITURES

Pursuant to the Government's Decree No. 32/2019/ND-CP dated April 10, 2019 on assigning tasks, ordering or procurement of public products and services funded by state budget set aside for current expenditures;

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

At the request of Director of Finance Department and Director of Directorate for Roads of Vietnam;

The Minister of Transport promulgates a Circular on procurement and order of public services to operate road ferries under management of ministry of transport funded by the central budget set aside for current expenditures.

Article 1. Scope

This Circular set forth procurement and order of public services to operate road ferries under management of ministry of transport funded by the central budget set aside for current expenditures.

Article 2. Regulated entities

This Circular applies to organizations and individuals in conjunction with procurement and order of public service to operate road ferries funded by the central budget set aside for current expenditures (hereinafter referred to as road ferry operation service).

Article 3. Sources of funds for the road ferry operation service

1. The state budget set aside for current expenditures in the road economic sector as per the Law on State Budget.

2. The fees retained for the service and fee collection as per the law on fees and charges.

3. Revenues from public service with the user charges set by the State.

4. Other sources of funds as per the law (if any).

Article 4. Methods of choosing of road ferry operator

1. A road ferry operator shall be chosen in accordance with methods of selection of preferred bidders as specified in Decree 32/2019/ND-CP.

2. A road ferry operator may be chosen by order if the following requirements are met:

a) Order a public sector entity which is affiliated to the superior authority to provide the road ferry operation service when the requirements in clause 1 Article 12 of Decree No. 32/2019/ND-CP are met.

b) If the superior authority has no affiliated public sector entity or such a public sector entity cannot provide the road ferry operation service, and then order another public sector entity that meets the requirements in clause 2 Article 12 of Decree No. 32/2019/ND- CP.

Article 5. Holding procurement of road ferry operation service

1. The procurement of road ferry operation service may be held if the following requirements are met:

a) The procurement plan has been approved;

b) The Bidding Documents have been approved;

c) The procurement information has been posted as per the law on procurement;

d) Contents, list of products and services of the road ferry operation service and approved prices thereof;

dd) The procurement dossier must enclose with process of operation; service quality requirements as to the operation plan; requirements pertaining to water and road traffic safety.

2. Procurement of public services funded by state budget and relevant matters shall comply with the Law on Procurement, Decree No. 63/2014/ND-CP and relevant laws.

Article 6. Placing order of road ferry operation service

1. An order of road ferry operation service shall be placed in accordance with Article 14 of Decree No. 32/2019/ND-CP.

2. The order dossier must enclose with process of operation; service quality requirements as to the operation plan; requirements pertaining to water and road traffic safety.

Article 7. Adjustments to funding for order, modifications to procurement contract regarding the road ferry operation service

1. The funding for order of the road ferry operation service shall be adjusted in the following cases:

a) The State changes the pay mechanism and policies;

b) The State adjusts economic-technical limits, expenditure limits, prices, user charges for public services, quantity and volume of the ordered public service;

c) Force majeure events as per the law that prejudice the public service.

2. The entity designated to sign an order contract or order decision related to the public service shall adjust the funding of order following a written prior consent of the Director General of Directorate for Roads of Vietnam.

3. The procurement contract of road ferry operation service shall be modified in accordance with the contract and law on procurement and construction contracts.

Article 8. Oversight, take-over inspection, payment, final statement of road ferry operation service

1. The entities that are designated to place orders or select preferred bidders in the road-related public services shall take responsibility for the oversight, take-over inspection, payment, and final statements of the road ferry operation service and the performance thereof.

2. The public sector entities, public service providers, providers of public services shall take responsibility for their performance, public service quality as per the law.

Article 9. Responsibilities of entities in procurement and order of the road ferry operation service

1. Director General of Directorate for Roads of Vietnam:

a) Fulfill responsibilities of the competent person as per the law on procurement and in this Circular;

b) Decide and take responsibility for the method of procurement and order of the road ferry operation service.

2. Directors of Departments of road management, the heads of authorities in charge of management and maintenance of national highways shall:

a) Formulate order plans and plans for selection of preferred bidders and submit them to competent authorities for approval;

b) Hold procurement and place orders of public services as per Decree No. 32/2019/ND-CP, law on procurement and this Circular.

Article 10. Entry in force

This Circular comes into force as of February 15, 2021. Repeal Circular No. 31/2014/TT-BGTVT and Circular No. 38/2017/TT-BGTVT.

Article 11. Implementation

The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors, Director Generals of Directorate for Roads of Vietnam, Director of the Department of Transport, the heads of agencies and relevant entities shall implement this Circular.