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Circular 210/2013/ttlt-Btc-Bxd-Btttt: Guide Control Principles, Mechanisms And Methods Of Determining The Rents Of Public Works Infrastructure Used

Original Language Title: Thông tư liên tịch 210/2013/TTLT-BTC-BXD-BTTTT: Hướng dẫn cơ chế, nguyên tắc kiểm soát giá và phương pháp xác định giá thuê công trình hạ tầng kỹ thuật sử dụng chung

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IT ' S A DEPARTMENT OF INFORMATION-AND COMMUNICATIONS AND COMMUNICATIONS.
Number: 210 /2013/TTLT-BTC-BXD-BTTTT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 30, 2013

FEDERAL INFORMATION

Mechanism guidelines, principles of price controls and methods

determine the lease of the technical infrastructure using the same

____________________________

Base of Protocol 72 /2012/NĐ-CP September 24, 2012 of the Government on Management and General Use of Technical Infrastructure;

Base of Protocol 25 /2011/NĐ-CP April 6, 2011 the Government rules the details and guidelines for some of the provisions of the Telecommunications Law;

Base of Protocol 177 /2013/NĐ-CP November 14, 2013 the Government regulates the details and guidelines for the implementation of certain provisions of the Law;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

Base of Protocol 62 /2013/NĐ-CP June 25, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Construction;

Base of Protocol 132 /2013/NĐ-CP October 16, 2013 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications;

The Minister of Finance, Minister of Construction, Minister of Information and Communications issued the Mechanism Guidelines of the mechanism, the principle of price controls, and the method of determining the lease of the common use of the technical infrastructure.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This system of federalization guides the mechanism, the principle of price controls and the method of determining the lease of the common use of engineering infrastructure in the municipality, public engineering infrastructure (later known as the technical infrastructure used). in general); regulation of the exemption, price reduction in defense utility, security.

For engineering infrastructure using a general outside municipality, encouraging organizations, individuals to adopt mechanisms, principles of price controls and methods of determining the price of regulation at this same approach as technical infrastructure works. In the municipality.

2. Subject applies: Regulatory holders at Article 10 Digital Protocol 72 /2012/NĐ-CP September 24, 2012 Government of the Government on Management and Joint Use of Technical Infrastructure and Agencies, Units, Organizations, Individuals Whose Activities Are Related To Investment, Management, And Contracting Use Of Common Use Engineering Infrastructure.

What? 2. Regulation of the joint use technical infrastructure

1. The general use of engineering infrastructure is the work of organizations, individuals, laymen, telephone cables, telecommunications, electricity, and public lighting, ... (collectively, the line, the cable); the water line, the drainage, the energy level (collectively known as the pipeline) into the engineering infrastructure work.

2. Technical infrastructure used in general are engineering infrastructure built to layout, installation of lines, cables and pipes, including: antenna columns; cable-mounted columns (wire); sewers; trenches and yet technical inclusion; urban roads, road tunnels; tunnels; and tunnels. The railway; the sewers; the road bridge and the railway bridge.

3. Regulations on the use of the technical infrastructure using the general implementation process at the Digital Protocol. 25 /2011/NĐ-CP April 6, 2011 of the Government rules the details and guidelines that implement some of the provisions of the Telecommunications Law and Digital Protocol. 72 /2012/NĐ-CP September 24, 2012 of the Government on Management and Joint Use of Technical Infrastructure.

What? 3. Principles, the base that determines the lease of the technical infrastructure using the same

1. The principle of determining rent

a) The lease of the common use technical infrastructure must be calculated, calculating the cost of building investment; the cost of operating management, maintenance, maintenance; other costs under the rule of law, tied to the quality of the service, in accordance with the regimes of the law. policy, the economic-technical-scale, the cost-to-authority level.

b) The organizational case, the individual who invested in the construction of a general use of technical infrastructure to business in the form of leasing, the rent is determined on a reasonable cost basis and a reasonable profit.

2. The base determines the lease

a) The cost of production, the service supply in accordance with the quality of service.

b) Supply, market price.

c) The change, volatility in price and policy mechanisms by the state; the lease-price adjustment route is granted authorship approval (if any).

d) The local social economic development conditions have an impact on rent.

Chapter II

SPECIFIC REGULATION

Item 1

THE MECHANISM, THE PRINCIPLE OF CONTROLLING THE LEASE OF THE ENGINEERING INFRASTRUCTURE USING COMMON

What? 4. Mechany, the principle of controlling the lease of the technical infrastructure using common

1. State implementing price management on a market mechanism of state regulation; respect for the right to self-valuation, competition on the price of the organization, the individual who invested in building technical infrastructure using the same law.

2. The state takes control of the lease of the common use technical infrastructure to protect the right, the legitimate interest of the tenant, the employer and the common interests of the society by the rule of law and regulations at this Federal Information.

3. The control of the lease of the common use technical infrastructure (later called a rent) is done through the control price method and the method of determining the price of regulation at this Federal Information.

What? 5. lease price controls

1. The registration of the lease fee.

2. The rental price trade.

3. The rental price list.

4. Check out the risk formation factors.

What? 6. Announces the lease of the lease of the technical infrastructure

1. Organization, individual base stipulated at Article 3 and the method of determining the price of rent at this Federal Information to lease the lease of the common use by the investment (in addition to the state budget source) and agreement with the organization, the individual can. the need for use; at the same time the lease of the lease with the authority has the authority specified in paragraph 4 Article 14 of this link in the form of a subscription registration notification. Where the parties do not negotiate the lease, the authorities have the authority to hold a price treaty prescribed in accordance with Article 7 of this Article 7.

2. The subscription price registration message includes the content:

a) The price of rent is calculated as stipulated at Article 3 and the method of determining the regulation price specified at this Federal Information attached to the quality and economic parameters, the principal technique;

b) The information about the element formation factor; compare to the lease price of the same type or the same on the site (if any);

c) The applicable conditions apply to make the basis of a specific lease price agreement with the customer such as: the cases of preferable policies, discounts, discounts on customer objects employed in large quantities; prepaid payment conditions ...; a specific rate or reduction;

d) Time of application of rent;

) The notification template registers the lease at the appendix accompanied by this Registered Notification.

3. Organization, personally responsible for sending directly; or by post-mail; or email (with an electronic signature) one (01) the notice of the registration of the lease to the agency with the jurisdiction stipulated at paragraph 4 of this Article 14.

4. When there is a change, volatility factors that form the rental price and policy mode of the State impact on the lease, the organization, the individual recorrects the lease, makes the announcement resigning the lease that has been adjusted in accordance with the content. I mean, it's a two-thing rule.

What? 7. The lease for the lease of the technical infrastructure using the same

1. The cost-cost agreement for the lease of the technical infrastructure using the general jurisdiction determines the price of the organization, the individual.

2. Content, cross-price sequence execution by the current law regulation of price management.

What? 8. Ng.

1. The organization, the individual must list the lease of the joint technical infrastructure using the Vietnamese copper at the trading site to facilitate the observation, recognition of the customer and the state agency with jurisdiction; the listing of the rent must be clear. No mistakes, no mistakes.

2. For the general-use technical infrastructure work by the State of the Valuation, the lease is determined by the state authority to be determined to be tied to the quality, economic parameters-the principal technique, and the correct implementation of the listing.

In addition to the public listing form at the trading venue, the organization, the individual selects one or some form as a press conference, posts on the media or other appropriate form.

3. For the joint-use technical infrastructure work by the organization, the individual valuation is to list the rental price due to the organization, the individual announced the registration of the lease with the authority with the authority tied to the quality, economic parameters-the principal engineering, the applicable conditions. price and not allowed to rent higher than the listed price.

What? 9. Check out the formation of the overall technical infrastructure lease.

1. The audit of the factor formation of the lease is done in the following circumstances:

a) When the state agency has the authority to plan the lease of the technical infrastructure using the investment from the state budget;

b) When the rental price has an unusual fluctuation and at the request of the Prime Minister; the Minister, the Prime Minister, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee).

2. The Prime Minister ' s case requires that the Minister, the chief of the body across the organization examining the element of the factor in the form of the lease of the overall engineering infrastructure.

3. The Provincial Committee of the People's Department of the Provincial Committee of the Provincial Committee of the Provincial People's Department of the Provincial Committee is examining the cost of the lease on the lease of the lease to the general engineering infrastructure.

4. Content, a self-examination of the form of a rental price that follows the current law regulation of price management.

What? 10. Free regulation, lower rent for defense, security, and security.

1. Working on the service of defense, security, and security, reducing the lease of the technical infrastructure used by law.

2. Free cases, reduced rent; free method, reduced individual rent for each object under the jurisdiction of the jurisdiction.

3. Financial Mechans for the free case, lowering the rent for defense utility operations, security: implementing the existing law regulation on manufacturing, product supply, utility services.

Item 2

THE METHOD OF DETERMINING THE LEASE OF THE TECHNICAL INFRASTRUCTURE USING COMMON

What? 11. The method of determining rent

1. The method of determining the lease of the common use technical infrastructure at this same approach includes the method of cost and method of comparison.

2. Based on the specific nature of the general use of technical infrastructure, market situation, organization, individual selection methods that determine the price of rent in accordance with the required work.

What? 12. Cost Method

1. The formation factors for the lease of the technical infrastructure use together:

a) The cost of building construction;

b) operating management costs (if any);

c) The cost of maintenance, maintenance;

d) Other costs by the rule of law (if any);

d) expected profit.

2. Formula for lease

G. t =

CP Fuck. + CP vh + CP btbd + CP K + LN dk

SL g

In it: G t is the rental price for a year (the copper/unit is calculated per year). The lease is a month for a year of rent for a year of 12 months.

a) CP Fuck. : as the cost of investing in building engineering infrastructure (copper/year) is defined by (=) total investment cost building division (:) the number of years of depreciation of the work.

-The total cost investment cost: is the full cost of reasonable costs, the legitimate implementation of the construction investment and the construction of the work into the implementation of the existing use on the cost management of the construction cost investment and has been granted competent authority. You know, approve the investment decisions at the time of the delivery to the extraction of use. The case must take the work into use but have not yet granted the authority to approve the investment capital decision, then the total cost of the investment construction is calculated according to the investment owner's decision report; after being granted the first-capital decision authority. operator, adjust the cost of investment building construction by choice.

-The number of years of depreciation of depreciation: calculated by the Ministry of Finance in terms of management mode, use and extract fixed asset depreciation.

For the general engineering infrastructure work that only follows the wear of the accounting window, CP. Fuck. is the public cost, installing the item with regard to the general technical infrastructure (copper/year).

b) CP vh : is the annual operating management cost (copper/year), including:

-Cost of salaries and allowable grants, social insurance costs, health insurance, and other extracts from the pay fund for the management unit of the operating management unit. The cost of the wages is determined on the basis of the staffing of employees and salaries, the salary allowable, other charges from the wage-regulation of the state;

-Cost of stationing, office desk desk, tools, cheap items operating from the operating management unit;

-Power costs, the living water for the operating office suite of the operating management unit; other costs associated with operating management;

-The fixed asset depreciation costs of the operating management unit. The management, using fixed asset depreciation is carried out by the provisions of the Ministry of Finance.

In the event of an organization, the individual who invested in engineering infrastructure using the company directly management management, failed to establish its own operating management machine, the cost of operating management determined at the cost of the reasonable actual cost of operations management. General engineering infrastructure.

c) CP btbd : as the cost of maintenance, maintenance of the annual peace work (copper/year), including: the entire cost for regular maintenance, periodic repairs and breakthrough-fixing in accordance with the economic-technical and regulatory provisions of the law of maintenance, maintenance to ensure maintenance. I want you to tell me how to do it.

d) CP K : is another reasonable cost of actual law under the rule of law if the (copper/year) is directly related to the rental price but has not yet been specified at point a, point b, point c paragraph 2 This.

LN dk : being a reasonable profit expected in the rental price (copper/year) is determined to be 10% of the total cost from point a to point 2 This Article.

e) SL g : is the product charge defined on the basis of the design capacity of the work and the capacity using the actual use in accordance with the market situation. The unit of the rental price yield is: wires, cables; or pipes; or columns; or length of work; or other or other price-like area or other pricing units in accordance with the characteristic of each building such as: line, cable or pipeline on a single. the length of the general public use, ...

3. The case of cost-cost pricing at paragraph 2 This is related to many products, other services must be allocated costs for products, other services according to the proper format.

4. Not to take into account the overall rent of technical infrastructure using the same costs that have already been arranged by the state budget; depreciation of the property that lists the property of the unit; incentives such as land use, land rent, tax incentives, and taxes. following the rule of law on tax management; the expenses have been structured in the price of the city, the sale price, other business of the business.

What? 13. Comparable Method

1. Concept

The comparison method is that the method of determining the price of rent does not pass the analysis, comparing the lease rate attached to the economic, technical characteristics of the same type or similar work traded on the local market (if any) or otherwise. The other place in the country.

2. The work of the same type with the work that needs to charge the lease has the similarity in terms of, including:

a) Specification of the technical economics of the work (such as the constituent material, economic parameters-the principal engineering, function, purpose of use, shelf life, and other relevant criteria);

b) The quality, quality of the work;

c) The location of the work.

3. The same work with the work that needs the lease pricing has the same basic characteristics, including:

a) There is the same function, purpose of use; there is a similar technical economic feature (as made from materials, materials equivalent); there is economic parameters-the same underlying engineering;

b) The quality, equal quality;

c) The position of the work is similar.

4. When using the comparison method must be based on the factors that have a much effect on the value of the work required, including:

a) The lease price is currently trading tied to the quality of the work;

b) The lease conditions (time, form of payment and other criteria are related);

c) The basic features of the work such as asset characteristics, key specifications, the input cost factors;

d) Site location, process quality, time of use;

The other criteria are relevant.

Chapter III

EXECUTION AND EXECUTION CLAUSE

What? 14. The responsibility of the agencies, organizations, individuals

1. Ministry of Finance

a) In coordination with the Ministry of Construction, Ministry of Information and Communications and related ministries, the People ' s Committee of the Guiding Province, which monitors, examines the implementation of the regulations at this Federal Information and relevant legislation.

b) The chair of the price association pursues to the law of the current law.

2. Ministry of Construction, Ministry of Information and Media

a) According to the function, its mandate is responsible for the presiding over, in coordination with the Ministry of Finance, the relevant agencies and the Provincial People ' s Committee of the Guidance, Tracking, examination of the implementation of the regulations at this Federal Information and the relevant law documents. All right.

b) Coordinate with the presiding agency that holds the price association according to the rule of law.

3. The ministries, peer agencies within the scope of the mission, their powers are responsible for coordination in guiding, tracking, examining the implementation of regulation at this Federal Information and relevant legislation.

4. Provincial People 's Committee, the professional body of the Provincial People' s Committee.

a) The Provincial Committee of the Provincial People's Provincial Committee of the Department of Specialized Bodies of the Department of the Implementation Implementation of the Regulations on this Relevant Information and the relevant legislation.

b) The finance department continues to document the registration of the organization's lease, the individual who invested in building engineering infrastructure in the municipality within the local sphere; presiding, in coordination with the Department of Special Management, inspection, and inspection. reasonable, the legalization of the lease registration notice. It was then responsible for sending 1 copies of copies (a copy) to register for a lease on the Ministry of Finance (Bureau of Price Management), the Ministry of Construction (Bureau of Engineering, Construction Economy), Ministry of Information and Communications (Department of Communications).

c) The Finance Department, the Department of Information and Communications, the Construction Department pursuits or in coordination with the relevant authorities for the jurisdiction of the jurisdiction; examination of the situation that implement price management regulations at the Federal Information And the legal documents are relevant.

5. Organization, Personal

a) Accusing the regulation of the management of the lease of the technical infrastructure of the common use in this Relevant Information, the provisions of the law of price management and related legislation.

b) The full, timely supply of documents, information relating to the lease price when the state agency has a written request for the organization, the individual report; is accountable to the law on the accuracy, validity, validity of the figures, the report document.

What? 15.

1. This joint venture has been in effect since March 1, 2014.

2. In the course of the execution if there is an entangrium, the recommended agencies, organizations, individuals reflect promptly on the Ministry of Finance, the Ministry of Construction, the Ministry of Information and Communications to be considered, resolved.

KT. MINISTER OF FINANCE
Chief.

KT. MINISTER OF CONSTRUCTION
Chief.

KT. MINISTER OF INFORMATION AND COMMUNICATIONS
Chief.

(signed)

(signed)

(signed)

Xiaowen Chen

High Quang

Thu Won