Quyết định 71/2004/QD-UB

DECISION

Of CITY PEOPLE'S COMMITTEE ISSUING INTERIM REGULATIONS FOR SHIPPING COMPANIES JOINING IN THE PUBLIC TRANSPORTATION OF PASSENGERS BY BUS IN HANOI CITY

HANOI CITY PEOPLE'S COMMITTEE

Pursuant to the Law on Organization of People's Councils and People's Committees;

Pursuant to the Law on Road Traffic;

Pursuant to the Decree No.92/2001/ND-CP dated 11/12/2001 of the Government on the conditions of the automobile transport business;

Pursuant to the Decree No.15/2003/ND-CP dated 19/2/2003 of the Government on sanction of administrative violations in road traffic;

Pursuant to the Circular No.39/2003/TT-BTC dated 29/4/2003 of the Ministry of Finance guiding the price subsidy mechanism and settlement for urban buses;

Pursuant to the Resolution No.34/2003/NQ-HDND dated 13/02/2003 of XIIth session Hanoi city People's Council, 8th Session on encouraging all economic sectors to participate in public passenger transport by buses in Hanoi area;

At the proposal of the Director of the Department of Transport and Public Works in the Statement No.321/TTr-GTCC dated 19/04/2004,

DECIDES

Article I: To promulgate together with this Decision the "INTERIM Regulations for transport enterprises engaged in public passenger transport by bus in the area of Hanoi city"

Article II: This Decision takes effect 15 days from its signing date.

Article III: Office chief of the city People's Council and People's Committee; Director of the Departments: Transport and Public Works, Finance, Planning and Investment, directors, heads of departments, branches and concerned units, the enterprises participating in public passenger transport by bus are responsible for the implementation of this Decision./.

INTERIM REGULATION

FOR SHIPPING COMPANIES JOINING IN THE PUBLIC TRANSPORT OF PASSENGERS BY BUS IN HANOI CITY
(Issued together with Decision No.71/2004/QD-UB dated May 14, 2004 of the People's Committee of Hanoi City)

Chapter 1:

GENERAL PROVISIONS

Article 1. Objective

1. Develop rapidly, strongly system of public passenger transport by bus to meet increasing travel demand of the people, to ensure order and safety of urban transport in the Hanoi city.

2. Mobilize the resources in society to participate in investment and development of public buses, to reduce investment from the State budget.

3. Create healthy competition, continuously improve service quality, lower transport costs, reduce bus subsidies for Hanoi.

Article 2. Subjects and scope of application

1. This Regulation prescribes the standards, rights and responsibilities of the shipping companies of all economic sectors, while they are engaging in public passenger transport by bus (hereinafter referred to as VTHKCC) in the Hanoi city.

2. The enterprises specified in Clause 1 of this Article are the transport enterprises of all economic sectors operating under the Enterprise Law and the Law on State Enterprises based in the city.

3. The routes invited the enterprises to participate are the newly-opened lines of the development program of VTHKCC, the overall plan of the Hanoi bus network approved by the People's Committee, publicized by Hanoi Department of Transport and Public Works.

Article 3. Principles to participate in:

1. When engaging in VTHKCC operation by bus, the enterprises must meet the following principles:

a. Participate in the bidding.

b. Fulfill the criteria for standard bus service according to the bidding documents and presented in detail in the contract; bus service payment is under the economic contract signed.

2. Must fully implement the provisions of this Regulation.

Chapter 2:

CONDITIONS OF PARTICIPATION, RIGHTS AND RESPONSIBILITIES OF THE ENTERPRISES PARTICIPATING IN PUBLIC TRANSPORTATION OF PASSENGERS BY BUS

Article 4. Conditions for enterprises to participate in public passenger transport by bus

1. There is decision on the establishment of enterprises, registration of trade of public passenger transport by bus in the certificate of business registration.

2. The use year of bus must not exceed five (5) years (age) from the date of manufacture, fully meet the Vietnamese standard TCVN 4461-87 and detailed provisions in Article 48 of the Law on Road Transport of the conditions to participate in traffic of motor vehicles; paint colors in accordance with provisions of the Directive 262/CT-BGTVT dated 08/7/1996 of the Minister of Transport.

3. Companies that engage in VTHKCC by bus have to prove their experience, business capacity, the ability to provide standard bus service, financial ability ... according to the contents specified in the bidding documents.

Article 5. Responsibilities of companies participating public passenger transport by bus

When participating in public passenger transport by bus, the companies have the following responsibilities:

1. To provide standard bus service according to the indicators of ordering bus lines in quantity and quality, with the specific contents as follows:

a. Operation time on the line.

b. Frequency of driving in peak, off-peak, normal hours of the day.

c. One-way driving time.

d. Total number of vehicle batches in one day.

e. Number of vehicle batches operating regularly on the line of the day.

2. To comply with the mandatory provisions in the bus operation including:

a. Clean-up of inside and outside of vehicles.

b. Tickets at the prescribed rates.

c. Departure time according to charts, safe driving.

d. Driving according to the prescribed route.

e. Serving passengers attentively, politely and civilized.

3. To be responsible for advertising and guiding passengers to travel by bus; publicize fares, routes, route number, bus rules and other relevant information for passengers.

4. To be responsible for regular inspection, control of the quantity and quality of service on bus routes, strictly handling violations according to the Regulation of the enterprise; to take active measures to fight against loss of revenue, loss of tickets.

5. To implement cost accounting, payment, settlement of products of VTHKCC by bus as prescribed in the Circular No.06/TC/TCDN dated 24/12/1997 and the Circular No.39/2003/TT-BTC dated 29/4/2003 of the Ministry of Finance guiding the financial mechanism for the companies of public passenger transport by buses in the urban areas.

Article 6: Rights of the companies participating public passenger transport by bus.

When participating public passenger transport by buses, the companies have the following rights:

1. To be enjoyed preferential investment policy in accordance with provisions of the law on encouragement of domestic investment and the Decrees guiding the implementation.

2. To be considered after-investment interest rate support under the guidance of Circular No.51/2001/TT-BTC dated 28/6/2001 of the Ministry of Finance guiding the implementation of the Decision No.58/2001/QD-TTg dated 24/4/2001 of the Prime Minister on after-investment interest rate support (if the enterprises borrow capital to invest), Circular No.39/2003/TT/BTC dated 29/4/2003 of the Ministry of Finance on the financial mechanism for VTHKCC enterprises by bus.

3. To be used free of charge infrastructure system of bus lines including: loading places, shelters, road reserved for buses, parking at first and last places of bus line.

4. To be considered for lease of land used for office purposes, factories, parking lots and to be enjoyed the preferential policies on land levy in accordance with the law provisions.

5. To be participated in research, transfer of city, state-level research themes related to public passenger transport by bus; to be assisted and transferred technology of innovative public passenger transport by bus according to the programs sponsored by domestic and abroad organizations and individuals.

6. To be operated stably on lines for at least 3 years in case of winning bus bidding. And the contract will be signed continuously if the contractor performed well on service quality and reduces costs.

Chapter 3:

PROCESS OF BIDDING PARTICIPATION

Article 7. General provisions:

1. The criteria for the evaluation of bids:

a. Having means consistent with bus lines launched for bidding

b. Having capacity of operation, maintenance of facilities, management of bus business, operation to meet the requirements on standard bus service as specified in the bidding documents.

c. Having capacity of finance to maintain bus operation (represented by corporate capital and a healthy financial statement of latest 3 years).

d. Having parking area (Deport) in accordance with the bus line bidden:

2. Contractor selection mode: open bidding.

- Method of Procurement: 1 package of dossier

- Type of contract: package contract.

3. Each bus line is one bidding package, each package is only selected as a successful bidder.

4. The bidder shall bear all costs associated with the preparation and submission of tendering dossier, the bidding fee in accordance with provisions:

- Cost for buying bidding dossier: 300,000 VND/set.

- Cost for guaranteeing bidding: 30 million VND

5. Time for selling bidding dossier: 5 days (excluding holidays and Sunday)

6. Time to prepare bidding dossier: 30 days from the date of sale of bidding dossier.

Article 8. The order of participation:

A. Bidding dossier

1. Agency calling for bid is responsible for providing the bidders with specific content of bidding dossier including:

a. Invitation for bid

b. Form of application for bid

c. The instructions for the contractor on the system of bus lines, system of bus infrastructure, bus line calling for bid and its services...

d. The general and specific conditions to sign contract

e. Performance progress

f. Appendix of the detailed technical and economic indicators

The Contractor shall review all instructions, forms, terms and conditions, standards in the bidding dossiers. A certain tendering dossier that does not meet the basic requirements in the bidding dossier will be rejected.

2. Contractors wishing to be explained more for bidding dossier, management and administration center of urban traffic admit mandate of the Director of Department of

Transport and Public Works shall explain in writing within 05 days from the date of purchase of bidding dossier.

3. Party calling for bid can adjust, extend the deadline for submission, addition of bidding dossier by notice prior to tender closing time.

4. The tender price is the lowest cost of running bus (transportation cost) for the bus line calling for bid for a period of 3 years, then counting the offset value. A certain bidder has the lowest offset value will be selected as the bid winner.

B. Preparation of tendering dossier

Documents required being included in the tendering dossier.

a. The contents of experience, capacity:

- Valid tender application (must be signed by the competent person)

- A notarized copy of the decision of enterprise establishment.

- A notarized copy of the business registration certificate.

- Documents proving the legal entity status, capacity of experience of the bidders to demonstrate that the bidders are eligible to attend the bid, and capacity to perform the contracts if their bids are accepted.

Tendering guarantee: Must complete the requirements in accordance with the form in the bidding dossier and must be signed and stamped by the legal representative of the bank.

b. The technical contents:

- Prove the provision of standard bus service.

- Prove the ability to provide standard bus

- Prove the ability to operate bus activities

- Prove the ability to repair and maintain vehicles

c. The financial contents:

- Ability on finance

- Ability of payment

- The ability to make progress in the bid package

d. Bid Price:

- Calculation table of the lowest bus transportation costs within 03 years.

- The highest expected revenue.

C. Submission of tendering dossier

Tendering dossier is submitted to the party calling for bid to be the center of management and operation of urban traffic.

The center of management and operation of urban traffic shall publish the invitation for bid, bid submission time on the Hanoi Moi newspaper (5 consecutive issues), on Hanoi radio and television in 5 consecutive days, proceed to receive the tendering dossiers, the bid guarantee and conduct the keeping of tendering dossiers by the security regime.

Tendering dossier may be modified or withdrawn during the time of not yet closing bid. But the withdrawal of tendering dossier will be loosen money from tendering guarantee.

D. Bid opening and evaluation of tendering dossiers

1. Director of the Department of Transport and Public Works approves:

- Bid Plan

- The tendering dossier

- The standards for evaluation of tendering dossier

- The team of experts, counseling of bid review.

- Successful bidders

2. Tendering dossier will be opened publicly at the office of Department of Transport and Public Works with the presence of representatives of the tenderers, party calling for bid, representatives of other agencies together certify and sign into the minutes of the bid opening.

3. The evaluation of tendering dossier shall comply with the following orders:

a. Preliminary evaluation: Inspect the validity and clarify the content of tendering dossier and removing dossiers not being guaranteed as stipulated in the bidding dossier.

b. Detailed evaluation of tendering dossier in accordance with approved standards, a certain bidder meeting the standards, having the lowest offset value will be chosen as bid winner.

Article 9. Signing of contract

After having bid winning decision of the Department of Transport and Public Works, the party calling for bid will invite the winning bidder to complete and exchange contract according to the following steps:

- Notice of handing over contract: if 30 days from the date of receiving notice, the winning bidder does not remit a guarantee for performance of the contract, they shall be considered as rejected to sign contract and shall not be got back the amount of bid guarantee.

- Amount of guaranteeing performance of contract for the bid package is: 200 million VND

- Form of guaranteeing performance of contract: bank guarantee.

- The validity of the contract guarantee: is the time that contractor operates the bid-winning bus line.

- Time limit for signing contract: Within 10 days from the date the bid winner receives a contract form.

- Time limit for implementation: After 60 days from the signing date of the contract, the contractor must operate the bus line won bid, if it is slow to operate, it is considered as refused performance of the contract and shall be fined according to the signed contract.

Chapter 4:

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 10. Responsibility of the Department of Transport and Public Works

1. To make planning and plan to develop system of public passenger transport by bus, the bus line network, the infrastructure system (the departure and the arrival, stop, transfer stations, shelters and other concerned items) every year and each period to submit the municipal People's Committee for approval.

2. To publicize development planning of system of public passenger transport by bus; bus line network; annual bus service standard indicators to the public passenger transport companies by bus and conclude economic contracts for procurement of public buses with the companies in accordance with current regulations and conduct implementation.

3. To make technical and economic norms for bus activities in the area to submit to the City People's Committee for issue.

4. Procurement organization

5. To sign printing contract, organize issue, and issue legal documents on management, settlement of bus tickets with bus operating companies in accordance with the regulations of the Ministry of Finance.

6. To perform function of inspection, monitoring and acceptance of bus products, collaborate with the Department of Finance, Department of Taxation, Treasury in settlement of subsidy funding for public passenger transport enterprises by buses.

Article 11. Responsibilities of the Department of Planning and Investment

1. To synthesize to submit to the city People's Committee the annual bus subsidy and public passenger transport plan (including plan to buy public products), plans of investing, and maintaining infrastructure network for bus line network.

2. To send officials to participate in the team of consultants, bid evaluation.

Article 12. Responsibilities of the Department of Finance

1. To submit to the City People's Committee for reporting to the City People's Council for approving the plan and the annual budget estimate, to pay VTHKCC products by bus through the State Treasury, as prescribed by the Ministry of Finance.

2. Every year, to preside over and coordinate with the Department of Transport and Public Works to inspect the settlement of public-utility works of public passenger transport by bus and make record of cost subsidies and make payment of bus products in year for the enterprises.

3. To send officials to participate in the team of consultants, bid evaluation.

Chapter 5:

EXAMINATION AND TREATMENT

Article 13. Examination, Inspection and competence to handle violations

1. Force of public works, traffic inspection, the team of inspection, monitoring of bus at the Center of Management and operation of urban transport are responsible for examining, inspecting and handling violations in accordance with law provisions.

2. Content of examination, inspection includes the execution of this interim Regulation, the regulations on urban traffic order and safety, economic contracts signed on the participation of VTHKCC by bus and the provisions of law relating to the operation of public passenger transport by bus, as prescribed by law. All violations detected must be handled promptly.

3. Force of public works, traffic inspectors, staffs of inspection, monitoring when being on duty have the behaviors:

a. Harassment, toleration, cover up, not sanctioning or sanctioning untimely, not in compliance with rate of violations;

b. Sanction beyond their competence or not following the order and procedures prescribed by law.

Will be handled in accordance with provisions of the Ordinance on Officials and Public Servants.