The Decree 130/2013 Issued: About The Production And Supply Of Products, Public Service

Original Language Title: Nghị định 130/2013/NĐ-CP: Về sản xuất và cung ứng sản phẩm, dịch vụ công ích

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.
 
Decree on the manufacture and supply of products, public service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on cooperatives, 11 20th, 2012;
Pursuant to the law on tenders of 29 November 2005 and the law on amendments and supplements to some articles of the law concerning the basic construction investment on June 19, 2009;
According to the recommendation of the Minister of planning and investment;
The Government issued the Decree on production and supply of products, public service.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree stipulates: a) criteria, product category, public service;
b) method of product supply, public service;
c) the production and supply of products, public service.
2. Case law document specialisations have separate rules on the production and supply of products, public service, other than the provisions of this Decree shall apply to the provisions in law document specialisations.
Article 2. The object of this Decree apply apply to businesses of all economic sectors, cooperative business registration under the provisions of the law, organizations, individuals have legal registration of production and supply of products, public service (hereafter referred to as manufacturer and product supply public service, or in the event the contractor is involved in the bidding done manufacture and supply products, public service in accordance with the law on tender); the Agency, the organization that relate to the organization making and supplying products, public service.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the public service, the products are defined as products, while at the same time services that meet the following criteria: a) the product, services essential for the social-economic life of the country , a residential community of a territorial area in which the State needs to ensure or warrant for the common defense, security;
b) the production and supply of products, this service according to the mechanism of the market will hardly likely to offset costs;
c) Are bodies, competent organizations of order, delivery planning, organizing tenders according to price or charge due to state regulations.
2. product price Support, the public service is the financial support of the State budget according to fixed rates charged on each unit of the product, public service for manufacturers and product supply, public service to produce and supply products, public service by State commissioned.
3. product price support Levels, the public service is the difference between the price of consumption as prescribed by the State with reasonable cost of manufacturers and product supply, public service to produce and supply products, public service by State commissioned.
4. production subsidies and product supply, public service is the financial support of the State budget for the manufacturer and product supply, public service to produce and supply products, public service delivered by the State plan.
5. production subsidy Levels and the product supply, public service is the difference between the amount due to the people that enjoy the product, public service payment according to the regulations of the State with reasonable cost of manufacturers and product supply, public service to produce and supply products , public service delivery by the State plan.
6. Reasonable costs of manufacturers and product supply, public service is the actual incurred expenses related to production operations and product supply, appropriate public service as defined in the income tax Act and other related laws.
7. Who has the authority as head of (or authorized person) bodies, competent organization to decide the method of product supply, public service.
8. tender Side, ordering Agency, the Agency's planned subdivisions, agencies and organizations competent to decide the method of product supply, public service and was assigned to organize tenders, orders, delivery of the plan as specified in this Decree.
Article 4. Product category, public service 1. Product category, public service provisions in the appendix attached to this Decree.
2. During each period, the Ministry of planning and investment to host, in cooperation with the relevant agencies in the Government of Prime Minister decided the amendments, additional products, public service.
Article 5. Choose the method of product supply, public service 1. The selection of the method of providing public service, products made according to the following order of priority: a) the tender;
b) order;
c) Delivery Plan.
2. The method of supplying the products, public service defined in list A of the appendix attached to this Decree: a) a limited liability company members by the State as owners follow the ordering method or plan;
b) manufacturers and product supply, other public utility services follow the ordering method;
c) where product supply, utilities built unit price, price of the product, public service and are delivered by State regulation, then follow the ordering method. The case of the supply of products, mainly public utility services should follow the volume or the reasonable cost of producing and supplying products, public service, for a fee, a fee as prescribed by the law on the fees and charges then follow the method of delivery of the plan.
3. The method of supplying the products, public service defined in list B of the appendix attached to this decree by the manufacturers and product supply, utilities made according to the method of bidding or order. The case of the supply of products, public service meets the conditions prescribed in chapter II of this Decree shall follow the bidding method.
4. The Ministry, ministerial-level agencies, government agencies (hereafter referred to as The management of the industry) and the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) is responsible for building and issued regulations on product management, public service within the function , task, which must rule on the quality, size, level of implementation, price, unit price according to the regulations of the State to mostly follow the bidding method, order.
Article 6. The Agency, the Organization has jurisdiction to decide the method of product supply, public service on the basis of the provisions in paragraph 4 to article 5 of this Decree and the related legal documents: 1. The sectoral management decided the method of providing public service, products for the products public service, in the estimation of the central budget and expenditure allocated to the units held to follow regulations.
2. provincial people's Committee decision method of providing public service, products for the products, services, public interest in the estimation of local budget expenditure and allocated to the units held to follow regulations.
3. Corporations, the Corporation made the manufacture and supply of products, public service organization of tenders, orders, delivery plans for unit members follow the rules.
Article 7. Jurisdiction to decide the level of subsidies, subsidies for the production and supply of products, public service 1. As for the product, important public service national in nature, the Ministry of finance, in cooperation with the relevant authorities the decision or process the Prime Minister decides the level of subsidies, specific subsidies under the rules.
2. for products, public service management in the hospitality industry Manager then chaired, in cooperation with the Ministry of finance decides the level of subsidies, specific subsidies.
3. for products, public service Department of the provincial people's Committee, the management of the facility construction projects, grants subsidies to send the Department of finance evaluation of the provincial people's Committee decided the level of subsidies, specific subsidies.
4. The Ministry of finance, in cooperation with the Ministry of industry managers, the provincial people's Committee building, guidance on the level of subsidies and grants, the sequence of procedures done subsidies and grants matching characteristics, implementation of the production and supply of products, public service. Order and procedure of subsidies, grants made under the provisions of the law on the State budget and the writing guide.
Article 8. The rights and obligations of manufacturers and product supply, public service 1. The rights and obligations prescribed for business in business law, for cooperatives in cooperative Law.
2. Perform the contract and economic accounting as prescribed by law.
3. Be paid according to the price or fee under a contract signed or regulatory authority, the Organization has the authority to approve.
4. Assistance and create favorable conditions for the production and supply of products, public service as defined by the State.
5. To offset the costs according to the winning bid price when engaging in manufacturing and supplying products, public service according to the method of bidding.
6. The manufacturer and product supply, utilities made according to method of order, delivered the plan cost consumption by State regulations to lower costs are reasonable State budget subsidies, subsidies under the rules.
7. Manufacture, product supply, service quality, proper quantity and time limits was committed; responsible to the customers and the law on public service, products produced, and supply.
Article 9. Capital management, asset production and providing public service, products of the limited liability company a member by State owned limited liability company a member by State owned public utility missions: 1. To be the State capital enough to form investment property serves the goal of producing and supplying products public services.

2. Accept the decision of the Agency, held rights owner of the company about the transfer of assets to serve the goal of producing and supplying products, the company's public service to make the goal of producing and supplying products, public service in other companies in case of need , but does not reduce the Charter capital of the company under the rules.
3. Have the right to transfer, lease, mortgage the property serves the goal of producing and supplying products, services, public interest in the administration of the company when the agency holding company's owner permissions allow. The collateral value of land use rights, property of the company associated with the right to use the land serve the goal of producing and supplying products, public service are made in accordance with the law of the land.
4. use the resources allocated to the organisation of production and product supply, utilities in addition to planning and other business activities meet the following conditions: a) Is the Agency, held rights owner of the company allows in writing;
b) does not affect the implementation of the tasks assigned;
c) additional registry category under the provisions of the law;
d) partial accounting operations and service tax under the provisions of the law.
Chapter II TENDER MADE in MANUFACTURING and SUPPLYING products, PUBLIC SERVICE 10. Tender conditions made the manufacture and supply of products, public service organization of tenders made produce and supply products, public services are only made when there is enough of the following conditions: 1. procurement plan has been approved.
2. Bid was approved.
3. Information on the tender has been posted under the provisions of the law of tenders.
4. content, product category, public service and Administration estimates, the Organization has the authority specified in article 6 of this Decree of approval.
Article 11. Conditions of participation in the bidding contractors to participate in the bidding done manufacture and supply products, public services must have the following conditions: 1. Have as valid under the provisions of article 7, article 8 of the law on tenders.
2. Just be participating in a tender for a package as an independent contractor or contractor's associates. The case must have a written partnership agreement between the members, which clearly specified the head of affiliates, general responsibilities and accountability of each Member's own work in the package.
3. Meet the requirements stated in the tender notice or invitation to tender their bids party.
4. Ensure competition in the tender as stipulated in paragraph 2 of article 2 of the law on amendments and supplements to some articles of the law concerning the basic construction investment and article 3 of Decree 85/2009/ND-CP on 10/15/2009 of the Government Procurement Law Enforcement Guide and selection of building contractor under the construction Law (hereafter abbreviated as Decree No. 85/2009/ND-CP).
Article 12. Form of tender the tender forms included: 1. extensive selection of tender the Contractor made the manufacture and supply of products, the public service must apply the spacious tender, except in the case specified in clause 2 of this Chapter, chapter III and IV of this Decree. When the bidding application widely, does not limit the number of bidders participated. Bidder must provide party bidding for contractors wishing to participate in the bidding. In a bid not stated any conditions to restrict the participation of contractors or to create advantages for one or several contractors cause unequal competition.
2. the limited tender bidding restrictions apply in the case of products, the public service require high technology or engineering have a peculiarity which only some bidders have the ability to meet the requirements. When done bidding restrictions, must offer a minimum of five bidders were determined to be qualified and experience to participate in the bidding; actual cases are less than five contractors, on the bidder must submit the review authority, decided to allow continued limited tender or application form of alternatives.
Article 13. Bidding order manufacturing and supplying products, public service 1. Establishment, evaluation and approval of the plan.
2. Preparation of tender.
3. Tender.
4. Process, evaluation, approval and notification of results bidding.
5. Negotiations, finalizing and signing the contract.
Article 14. The authority approved the plans to tender, tender and bidding results 1. Authorized person responsible for approval of the plan for the public service, products under the authority of its decision.
The Agency, the organization responsible for appraisal report the appraisal plan the authority to review the decision.
2. tender Side is responsible for approval of the tender, tender results. Tender responsible party Affairs for the Organization, the individual units themselves set the bid, the report reviews bids; Affairs for the Organization, other individuals in his unit bid evaluation, bidding results. In this case, the Organization, the individual was given up, verify the content in the tender are responsible for the tender side of the review decision.
The case of organizations, individuals in the scope of his Administration does not have sufficient capacity and experience, on the bid proceed to select a consulting organization, individuals have sufficient capacity and experience to establish or verify bid, the bidding results. In all cases, the competent people, on the bidder must take responsibility for their decisions.
Article 15. Establishment, evaluation and approval of the plan in the preparation, appraisal and approval of the plan made bidding under the provisions in article 6 the bidding Law and chapter II of Decree 85/2009/ND-CP article 16. Preparation of tender 1. Short list selection selecting the short list includes selected contractor under the provisions of paragraph 1 to article 32, paragraph 7 bidding Law article 2 of law amendments and supplements to some articles of the law concerning the basic construction investment, chapter III of Decree 85/2009/ND-CP and select list includes a minimum of five qualified bidders experience, to join in the bidding limit prescribed in clause 2 article 19 Procurement Law and item 2 article 12 of this Decree.
2. Establish and approve the bid preparation and approval of the bid is made according to the provisions in clause 2 Article 32 of law tenders, article 24, article 25 of Decree 85/2009/ND-CP and item 2 article 14 of this Protocol.
3. Bid Invites bids to be made according to the provisions in paragraph 3 Article 32 of law tenders, Article 23 paragraph 4 of Decree 85/2009/ND-CP. Article 17. Tender 1. Released the tender bid (including the amendment and clarification of bid) is made in accordance with paragraph 1 Article 33, article 34 paragraph 1 and bidding Law Article 28 of Decree 85/2009/ND-CP DATED. 2. Prepare tender contractors prepared bids as specified in clause 2 article 17, paragraph 2 Article 28 of Decree 85/2009/ND-CP. 3. Receiving and managing bids and tenders management is done as specified in clause 8 article 2 of law amendments and supplements to some articles of the law concerning the basic construction investment, paragraph 3 article 17 of Decree 85/2009/ND-CP. 4. Modify or withdraw bids case wants to modify or withdraw the tender is submitted, the contractor performs according to the provisions in clause 4 Article 17 of Decree 85/2009/ND-CP. 5. The opening bid is made according to the provisions in paragraph 3 to article 33, paragraph 3 of the tender law, Article 28 of Decree 85/2009/ND-CP of 18 Thing. Evaluating tenders evaluating tenders conducted as standard tenders and review other requirements stated in the tender, the principle of evaluation specified in article 28 of law, methods of tender assessments specified in article 29, paragraph 5 bidding Law article 2 of law amendment , the addition of some articles of the law concerning the basic construction investment and the order of evaluation (including the clarification of tenders) the provisions of article 35, article 36, paragraph 9 bidding Law article 2 of law amendments and supplements to some articles of the law concerning the basic construction investment and article 29 , Article 30 of Decree 85/2009/ND-CP. Article 19. Browse, appraisal, approval, notice The bidding results, evaluation, approval and notification of results bidding is done according to the provisions of article 38, article 40, article 41, paragraph 10 bidding Law, paragraph 11, Clause 12, paragraph 13 article 2 the law on amendments and supplements to some articles of the law concerning the basic construction investment and paragraph 3 article 20 , Article 71, article 72 of Decree 85/2009/ND-CP. Article 20. Negotiated, finalized the contract and signed The contract negotiations, the completion of the contract and the contract is made under the provisions of article 42 and chapter III of law tenders, paragraph 14, paragraph 16, Article 17, Paragraph 2 the law on amendments and supplements to some articles of the law concerning the basic construction investment and item 2 article 31 of Decree 85/2009/ND-CP. Chapter III SET PRODUCED GOODS and PRODUCT SUPPLY PUBLIC SERVICE, article 21. Conditions of the production order and product supply, public service 1. The manufacturer and product supply, public service contract manufacturing and supply of products, the public service must register 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.
2. An order for the manufacture and supply of products, the public service must follow the provisions of article 5 of this Decree.
Article 22. Order the production and supply of products, public service 1. The base order: a) the unit price or the price of products, manufacturing and public utility services are offered according to the ordering method is determined on the basis of application of technical-economic norms and norms of current expenses of the State and by the Agency, the competent organization decided in accordance with the law and the legal documents involved;
b) product consumption Price public service, under the provisions of the State;

c) in the case of product consumption price public service, as defined by the State is lower than the reasonable costs to be identified at the unit price or prices stated in point a of this Paragraph, the manufacturer and product supply, public service according to the ordering method is subsidies according to the number or volume of the product , the service has to be ordered.
d) on the basis of the estimate and the price or prices, the public service agency, the competent organization, for ordering agency decisions determine the amount, the volume of the product, public service to sign the order.
2. order contract manufacturing and supplying products, public service: the base characteristics of the public service, products ordered, order agencies sign contracts with manufacturers and product supply, public service contract under the following principal indicators : a) 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 do not alter the price, the price of the product, public service.
Article 23. Adjust the contract order order contract manufacturing and supplying products, public service only be adjusted when the Agency, the competent organization to permit in the following cases: 1. State economic limit adjustment techniques; price, unit price or product price level, public service.
2. state change in salary policy, mechanism, in prices of raw materials and fuel.
3. unforeseen causes according to the provisions of the law affecting the manufacture and supply of products, public service.
Article 24. Paid public service, products made according to method of order 1. Base pay: a) order contract was signed between the agency order with the manufacturer and product supply, public service;
b) minutes of testing the number, volume, product quality, public service completed between order with the manufacturer and product supply, public service;
c) price, price, price support level due to the Agency, the competent organization to decide;
d) other related documents.
2. The agency order, signed orders making payment, settlement products, public service according to the procedures prescribed in the law on the State budget and the writing guide.
Chapter IV IMPLEMENTATION of PLANNED PRODUCTION and PRODUCT SUPPLY PUBLIC SERVICE, article 25. And base plans 1. Traffic base plan: a) The target of producing and supplying the products, public service of limited liability company a member by State owned public utility missions built in the annual plan have reported bodies, competent organizations; financial capacity, technique, technology, managerial and skilled of workers of each limited liability company a member by State owned public utility missions;
b) estimation of incomes and expenses of the State budget allocated to the Agency, the competent organization of the production and supply of products, public service;
c) plan costs and fees (or the amount of charge left) in the case of a limited liability company members by State owned public utility missions from the charge and the fees prescribed in the Ordinance on fees and charges;
d) estimates about the cost of producing and supplying products, public service according to the method of delivery of the plan are determined on the basis of application of technical-economic norms and norms of current expenses of the State and the laws concerned.
2. time delivery plan: Agency plans to complete the delivery plan for limited liability company a member by State owned public utility missions before 31 December of the previous year.
Article 26. Base plan content delivery characteristics of the product, public service, the Agency plans to decide Affairs for limited liability company a Member State measured as owners made public tasks according to the norms are mainly the following: 1. Production planning, product supply public service: a) the name of the product, public service;
b) number, mass;
c) quality and specifications;
d completion time);
DD) number, the volume of products or services.
2. Financial planning: a) the revenue, cost, profit from the production and supply of products, public service;
b) Of the fee collected (or are leaving), the disparity between the number of collected charge (or charge left) with costs for limited liability company a member by State owned public utility missions from sources of costs;
c) filed the State budget according to the current regulations;
d) reasonable costs of producing and supplying products, public service;
DD) allowance for public service, products have lower consumption rates more affordable. The business case does not profit enough to extract the Fund rewards and benefits according to the regulations, the level of subsidies for public service, including State subsidies amount to extract 2 funds.
3. A number of other indicators depending on the characteristics of the product, public service or according to the requirements of the State.
Article 27. Paid public service, products made according to the method of delivery of the plan 1. Base pay: a) the decisions of the planning agency plans for limited liability company a member by State owned public utility missions;
b) decisions of the Group's plan, the State Corporation has the function, task of producing and supplying products, public service for business members made the manufacture and supply of products, public service;
c) minutes of testing the number, volume, product quality, public service completed between planned and limited liability company a member by State owned public utility missions;
d) affordability, subsidy level due to the Agency, the competent organization to decide;
DD) other relevant documents.
2. make the payment agency, settlement products, public service delivered by the State budget plan: a provincial people's Committee) made the payment, the payment for the product, public service delivery plan for limited liability company a member by State owned public utility missions directly under the Ministry of communications issued the province;
b) industry Manager, in collaboration with the Ministry of finance to make payments, payment for the products, public service delivery plan for limited liability company a member by State owned public utility missions;
c) corporations, the State Corporation was given the function of collecting and payment products, public service perform the procedure of payment for the public service, products by corporations, the Corporation of the State of affairs for the business members. The payment, settlement products, public service delivery to the Corporation, the Corporation performed as specified in point a or point b of this Paragraph.
3. limited liability company a member by State owned public utility missions make payments, settlement products, public service with the delivery of the plan according to the procedures prescribed in the law on the State budget and the writing guide.
Article 28. Adjust the plan to perform useful tasks 1. The plan made public tasks are adjusted when the Agency, the competent organization to allow in the case: a) the State to adjust the technical-economic norms; price, unit price constitutes reasonable cost or product support level, public service;
b) altered state mechanisms, salary policy, natural raw materials prices;
c) unforeseen causes according to the provisions of the law affecting the implementation of public tasks.
2. limited liability company a member by State owned public utility missions are responsible for accomplishing the assigned target. The Director General (or Director) of a limited liability company members by State owned public utility missions must report the agency planning the implementation of the targets of the plan, the adjustment of the plan and is responsible for the accuracy, truthfulness of the report.
Chapter V PROVISIONS Enacted 29. Effect 1. The Decree has effect from the date of November 29, 2013.
2. Abolition of Decree No. 32/2005/ND-CP dated 11 March 2005 from the Government about the manufacture and supply of products, public service and the decision No 256/2006/QD-TTg dated 9 November 2006 from the Prime Minister's issued the tender regulations, orders, delivery of plans to make the production and supply of products public service, from the date of the Decree has effect.
3. The order, delivered the plan for direct business serving national defense, security provisions in Decree No. 104/2010/ND-CP dated 11 October 2010 of the Government on the Organization, management and operation of the limited liability company a member owned by the State directly serve the defense security, comply with the provisions of chapter III, chapter IV of this Decree.
4. In addition to the contents specified in chapter II of this Decree, the other related content in the bidding process made the manufacture and supply of products, the public service are made in accordance with the law on tenders.
Article 30. Responsibility 1. The Ministry of planning and investment, Ministry of finance, Ministry of industry managers, the provincial people's Committee has the responsibility to guide the implementation of this Decree.

2. The management of the industry, the provincial people's Committee, group, State Corporation is responsible for organizing production, product supply, public service as assigned; implementation of monitoring, testing and inspection according to the regulations. With regard to the products, services, public interest in the scope of its management, The management of the industry, the provincial people's Committee is responsible for the detailed guide of processes, procedures, records made tender, order, delivery plan for each type of the product, public service.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.