Circular 31/2014/tt-Bgtvt: Bidding Instructions, Order The Production And Supply Of Products, Public Service Management, Maintenance Of Road Works Using The Central Road Maintenance Fund

Original Language Title: Thông tư 31/2014/TT-BGTVT: Hướng dẫn đấu thầu, đặt hàng sản xuất và cung ứng sản phẩm, dịch vụ công ích quản lý, bảo trì công trình đường bộ sử dụng Quỹ bảo trì đường bộ trung ương

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Procurement circulars, orders the production and supply of products, public service management, maintenance of road works using the Central road maintenance Fund _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on road traffic, November 13, 2008;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to the law of bidding on November 26, 2013;
Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 130/2013/NĐ-CP on October 16 in 2013 by the Government on the production and supply of products, public service;
Pursuant to Decree No. 18/2012/NĐ-CP on March 13, 2012 of the Government regulations on road maintenance Fund;
Pursuant to Decree No. 63/2014/ND-CP dated 26 June 2014 Government detailing the implementation of a number of articles of the law on tender on selection of contractors;
Pursuant to Decree No. 177/2013/ND-CP on November 14, 2013 the Government detailing and guiding the implementation of some articles of the law Reviews;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
According to the proposal of the Director General of finance and the General Director of the Bureau of roads in Vietnam.
The Minister of transport issued circulars ordering, tender produce and supply products, public service management, maintenance of road works using the Central road maintenance Fund.
Chapter I GENERAL PROVISIONS article 1. The scope of this circular adjustment mechanism manual bidding, order the production and supply of products, public service management, maintenance of road works using the Central road maintenance Fund (hereafter referred to as public service, product management, maintenance of road works).
Article 2. The object that applies to this circular apply to organizations and individuals related to the bidding, order the production and supply of products, public service management, maintenance of road works.
Article 3. Public service, product management, maintenance of road works 1. Testing, monitoring, quality control of road works;
2. Regular maintenance of road works;
3. Repair of road works, including: a) repair damaged, replace parts of works, the design work is done periodically in accordance with the maintenance of road works to restore, improve technical condition of road works that regular maintenance works do not meet.
b) unscheduled repair works of road damaged by sudden impact resistant as rain storms, floods, earthquakes, fire, collision or sudden disaster impacts or when the expression can cause sudden damage affecting the safe use and exploitation of the work or have the possibility of incidents leading up to the disaster.
Article 4. Method of providing public service, product management, maintenance of road works 1. For public service, product management, maintenance of road works prescribed in clause 1 and clause 2 of article 3 of this circular: follow modes of tendering, the case does not meet the conditions in the bidding then follow the ordering method.
2. for public service, product management, maintenance of road works prescribed in paragraph 3 of article 3 of this circular: a) follow the bidding method, except in the case of point b and back to point regulations c.
b) follow the ordering method in the case do not meet the conditions for the tender: the product, the public service nature of construction, goods worth no more than 1 billion; the product, public service advisory nature have value not greater than 500 million.
c) for unscheduled repairs work remedial storm, flood, disaster: follow the ordering method and in accordance with the provisions of circular No. 03/2009/TT-BGTVT DATED October 1, 2010 by the Minister of transport the provisions on prevention and remedial flood the storm, in the road sector.
3. for the products, services, public interest specified in point b of paragraph 2 of this Article, the General Director of Vietnam's Road Bureau pursuant to Decree No. 130/2013/NĐ-CP on October 16 in 2013 by the Government on the production and supply of products, public service (hereinafter referred to as the Decree No. 130/2013/ND-CP) and this circular , the nature of specific management, maintenance of road works and actual situation to prescribe the conditions of bidding and decided to choose the method of implementation for each product, specific services and responsible before the law about his decision.
Chapter II TENDER PRODUCE and SUPPLY products, PUBLIC SERVICE management, MAINTENANCE of ROAD WORKS article 5. Tender made in manufacturing and supplying products, public service management, maintenance of road works 1. On the basis of plans from the Central road maintenance Fund by the competent State Agency and mission base is specified in article 6 of this circular, the Agency made a tender unit performed selection of produce and supply products, public service management maintenance of road works, as defined in chapter II of Decree 129/2013/ND-CP. The tender Organizer made the manufacture and supply of products, public service management, maintenance of road work is only done when there is enough of the following conditions: a) the plan has been approved;
b) bid has been approved;
c) information about the bidding has been posted under the provisions of the law of tenders;
d) content, products, public service management, road works and maintenance reviews are browser: for public service, product management, regular maintenance of road works must have and the price was; with respect to the product, the nature of public service must have construction design, engineering or construction drawing design (for specified design projects have 1 step or 2 steps) and the price was; as for the product, public service advisory in nature must have the outline (the Mission) and the price was; as for the product, public service nature, stores must have the approval of the content, the list of goods and approved price.
2. The Division of tenders in management, maintenance of road works to ensure conformity with characteristics and scale of the route. The preparation, appraisal and approval of the tender, tender plan, choose the contractor and other work related to tender carried out under the provisions of Decree No. 130/2013/ND-CP and the provisions of the law of tenders.
3. product package Price, public service in management, maintenance of road works by the road administration or project management directly under the General Directorate of roads in Vietnam or the Department of transportation for Highway by Ministry of transportation authorized for local management maintenance (hereinafter referred to as the Department of transportation) held up, appraisal; Vietnam Road Administration approval according to regulation.
4. The contractor involved in the bidding done manufacture and supply products, public service of road works must have sufficient conditions under the provisions of the law of tenders. Bidding Forms follow the provisions of Decree No. 130/2013/ND-CP article 6. The Mission of the Agency in the bidding organization producing and supplying products, public service management, maintenance of road works 1. General Directorate of roads in Vietnam made the responsibility of the competent person under the provisions of the law of tenders.
2. the road administration or directly under the project management Of the Bureau of roads in Vietnam or the Department of transportation is responsible for establishing, evaluating and the General Directorate of roads in Vietnam approved plan; made the responsibility of the owner and the party's bidding under the provisions of the law of tenders.
3. The sequence, procedure and other content relevant to the establishment, evaluation and approval of the plan; contractor selection process; negotiations, the perfection, the contract and the other related work to be done under the provisions of Decree No. 130/2013/ND-CP, the provisions of the law of tenders and the provisions of this circular.
Article 7. Trials, payment, settlement products, utilities made according to the method of bidding on the basis of the results of selection of approved contractors, road administration or directly under the project management Of the Bureau of roads in Vietnam or the Department of transportation made the contract the Organization, monitoring, collecting and payment to the contractor as prescribed; settlement in General, sent the General Department of Vietnam's road under regulation review.
Chapter III ORDER of PRODUCTION and SUPPLY of PRODUCTS, PUBLIC SERVICE management, MAINTENANCE of ROAD WORKS article 8. Held order made the manufacture and supply of products, public service management, maintenance of road works 1. On the basis of plans from the Central road maintenance Fund by the competent State agencies and public service product prices, road administration or directly under the project management Of the Bureau of roads in Vietnam or the Department of transportation signed a contract with the organization order personal fulfillment, manufacturing and supplying products, public service management, maintenance of road works under the provisions of chapter III of Decree 129/2013/ND-CP order contract consists of the following principal criteria: a) the name of the product, public service;
b) number, mass;
c) quality and specifications;
d) price, unit price;
DD) the level of subsidies (if any);
e) amount, the volume of the product, public service be subsidies;
g) contract value;
h) completion time;
I) delivery: time, location, method;
k), method of payment;
l) responsibility and obligation between the Agency and the manufacturer and product supply, public service contract;
m) liability of the parties due to breach of contract and settlement procedures.
The parties can deal some additional content in the contract but not contrary to the provisions of the law and does not change the price of the product, public service management, maintenance of road works.

2. The price of the product, public service management, public works maintenance roads follow the ordering method is determined on the basis of the provisions of the law; by manufacturer, product supply public service establishment: the road administration or directly under the project management Of the Bureau of roads in Vietnam or the Department of transport appraisal; Vietnam Road Administration approval.
3. organizations and individuals who produce and supply products, public service management, maintenance of road works must have the following conditions: a) Has registered the business category, the appropriate registration, have enough financial capacity, technique, technology, and management level of skilled workers to meet the requirements of the contract order.
b) have text newsletter order with the road administration or project management directly under the General Directorate of roads in Vietnam or the Department of transportation on the implementation of the production and supply of products, public service management, maintenance of road works.
Article 9. Adjust the contract order 1. Order production contracts and product supply, public service in management, maintenance of road works only be adjusted in the following cases: a) the State to adjust the technical-economic norms; price, unit price products, public service;
b) altered state mechanisms, salary policy, price of raw material, materials;
c) unforeseen causes according to the provisions of the law affecting the manufacture and supply of products, public service.
2. the road administration or directly under the project management Of the Bureau of roads in Vietnam or the Department of transportation made adjusting the contract order after the approval in writing of the General Directorate of roads in Vietnam. The approved contract adjustments must comply with the provisions in paragraph 1 of this article and within the planned spending from the Central road maintenance Fund by the competent State agencies delivered annually.
Article 10. Trials, payment, settlement products, public service management, maintenance of road works carried out according to the method of road administration order or project management directly under the General Directorate of roads in Vietnam or the Department of transportation signed the implementation order trials , billing, settlement in the production and provision of public service product management, maintenance of road works in sequence, the procedure prescribed by law; General State budget-year settlement, sent General Directorate of roads in Vietnam under the rule review.
Chapter IV IMPLEMENTATION article 11. Effect 1. This circular has effect as from October 1, 2015.
2. Annuls the previous provisions contrary to the provisions of this circular.
Article 12. Implementation 1. Chief of the Department, the Chief Inspector, the Director, General Director of the Bureau of roads in Vietnam, the Director of the Department of transportation, the heads of the agencies, organizations and individuals concerned is responsible for the implementation of this circular.
2. Financial Service is responsible for checking the implementation of this circular.
3. In the process of implementation, if there arise problems, suggest the Agency, organization, personal reflections on the Department of transport to consider, resolve./.