Circular 26/2014/tt-Bgtvt: Guide To Tenders, Supply And Production Order Public Service, Product Management, Maintenance Of National Inland Waterways In The Estimation Of The Central Budget Spending.

Original Language Title: Thông tư 26/2014/TT-BGTVT: Hướng dẫn đấu thầu, đặt hàng sản xuất và cung ứng sản phẩm, dịch vụ công ích quản lý, bảo trì đường thủy nội địa quốc gia thuộc dự toán chi của ngân sách trung ...

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Procurement circulars, orders the production and supply of products, public service management, maintenance of national inland waterway in the estimation of the central budget spending _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on inland waterway transport of 15 June 2004;
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. 51/2005/ND-CP dated 11 April 2005, the Government's financial resources and management, use of financial resources for the management and maintenance of inland waterways;
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. 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. 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. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
At the suggestion of the Director of finance and Director General Vietnam inland waterways, the Minister of transport issued circulars ordering, tender produce and supply products, public service management, maintenance of national inland waterway in the estimation of the central budget spending.
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, for the maintenance of national inland waterway in the estimation of the central budget spending.
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 national inland waterway in the estimation of the central budget spending.
Article 3. Public service, product management, inland waterway maintenance 1. Public service, products for the management of regular maintenance, inland waterways, including: a) investigation, prospecting, tracking actual status message flow running boat;
b) traffic organization, check the protection works in the infrastructure of inland waterway transport;
c) management, installation, adjustment of inland waterway signalled on the shore, under water; marine monitoring, hydrology, counting vehicles;
d) dredging ensures the technical standards of the stream running the boat according to the technical level of inland waterways was published;
DD) regular maintenance, repairs signal, vehicles, equipment, works on inland waterways are exploits.
2. products, services useful for the work of repair works in inland waterways (periodic repair, unscheduled repairs), including: a) dredging, waste stick custom obstructions in the stream and stream protection corridor;
b) major repair signal, vehicles, equipment, systems, custom treatment works project flow, plant architecture, home service station management of inland waterways;
c) supplement, replace signaling, media, the device periodically;
d) unscheduled repair works in inland waterway to prevention, remedial storm flood, guaranteed traffic.
Article 4. Method of providing public service, product management, inland waterway maintenance 1. With regard to the management, regular maintenance of inland waterways: follow modes of tendering, the case does not meet the conditions in the bidding then follow the ordering method.
2. With regard to the work of repair works in inland waterways (periodic repair, unscheduled repairs): a) follow the bidding method, except the cases stipulated in points b and c of this paragraph.
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 are priced no larger than 1 billion; the product, public service advisory in nature there is no larger than 500 million.
c) for unscheduled repairs work remedial storm, flood, disaster: follow the ordering method and fit under the provisions of article 20 and article 21 of the circular No. 37/2009/TT-BGTVT DATED December 1, 2010 by the Minister of transport rules on the room prevention, remedial flood, storm; disaster response and rescue on the inland waterways.
3. the Director General Vietnam inland waterways base stipulated in Decree No. 130/2013/ND-CP dated 16 October, 2013 of the Government and this circular, characteristics of the management, maintenance of inland waterways and the actual situation to decide the choice of implementation modalities for each product specific services, and responsible before the law for his decision.
Chapter II TENDER PRODUCE and SUPPLY products, PUBLIC SERVICE management, INLAND WATERWAY MAINTENANCE article 5 COUNTRIES. Tender made in manufacturing and supplying products, public service management, inland waterway maintenance 1. On the basis of State budget expenditure estimation by the Ministry of transport, Vietnam inland waterways Bureau launch tender unit performed selection of produce and supply products, public service management, maintenance of inland waterways as defined in chapter II of Decree 129/2013/ND-CP dated 16 October, 2013. The tender made in manufacturing and supplying products, public service management, inland waterway maintenance 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, services and inland waterways, public interest reviews are browser: for public service, product management, regular maintenance of inland waterways have to have plans and reviews are; with respect to the product, the public service nature of construction must have technical and design reviews are; 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 split in the package management, regular maintenance of the inland waterways to ensure conformity with characteristics and scale of online streaming. 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 dated 16 October, 2013 of Government and regulation of the law of tenders.
3. product package Price, utilities management and maintenance of inland waterways by inland waterway Bureau area or project management Department of Vietnam inland waterways or the Department of transportation for inland waterway by the National Ministry of transportation authorized for local management maintenance (hereinafter referred to as the Department of transportation) held up, appraisal; Vietnam inland waterways Bureau approval.
4. The contractor involved in the bidding done manufacture and supply products, public service inland waterways must have sufficient conditions under the provisions of the law of tenders. Bidding Forms follow the provisions of Decree No. 130/2013/ND-CP dated 16 October, 2013.
Article 6. The responsibilities of the agencies and units in the Organization tender produce and supply products, public service management, inland waterway maintenance 1. Vietnam inland waterways Bureau made the responsibility of the competent person under the provisions of the law of tenders.
2. Inland waterway Bureau area or project management Department of Vietnam inland waterways or the Department of transportation is responsible for establishing, evaluating and the Vietnam inland waterways Bureau 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/NĐ-CP on October 16, 2013, government regulation of the procurement legislation 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, the Department of inland waterway areas or projects Management Department of Vietnam inland waterways or the Department of transportation to make contracts the Organization, monitoring, collecting and payment to the contractor as prescribed; settlement in General, sending Vietnam inland waterways Bureau review is under regulations.
Chapter III ORDER of PRODUCTION and SUPPLY of PRODUCTS, PUBLIC SERVICE management, MAINTENANCE of NATIONAL INLAND WATERWAYS article 8. Held order made the manufacture and supply of products, public service management, inland waterway maintenance 1. On the basis of State budget expenditure estimation by the Ministry of transportation and communication products, public service, inland waterway Bureau area or Department of transportation contracted production order and product supply, public service management, maintenance of inland waterways as defined in chapter III of Decree 129/2013/NĐ-CP on November 16 the Government's October 2013. The contract includes a number of indicators: 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 inland waterways was browsing.
2. The price of the product, public service management, inland waterway maintenance follow the ordering method is determined on the basis of the current provisions of the State; by manufacturer, product supply public service establishment; Inland waterway Bureau area or Department of transportation due diligence; Vietnam inland waterways Bureau approval.
3. The manufacturer and product supply, utilities, maintenance management in inland waterways have to have enough of 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.
b) have text newsletter order with inland waterway Bureau area or Department of transportation about the practice of producing and supplying products, public service inland waterways.
Article 9. Adjust the contract order 1. Order production contracts and product supply, utilities management and maintenance of inland waterways 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, reviews, course materials.
c) unforeseen causes according to the provisions of the law affecting the manufacture and supply of products, public service.
2. Inland waterway Bureau area or Department of transportation made adjusting the contract order after the approval in writing of the inland waterway Vietnam Bureau; the approved contract adjustments must comply with the provisions in paragraph 1 of this article and within the assigned budget estimation.
Article 10. Trials, payment, settlement products, public service follow the ordering method inland waterway Bureau area or Department of transportation signed the order to conduct the trials, payment, settlement in the production and supply of products, public service management maintenance of internal waterways, according to the procedures stipulated by the State; general budget-year settlement, sent the Bureau of Vietnam inland waterways under regulation 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, the Director of Department of Vietnam inland waterways, the Director of the Department of transportation, the heads of the units, 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 unit, reflecting on the Ministry of transport to consider, resolve.