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Circular 75/2011/ttlt-Btc-Bgtvt: Guidelines For Establishing And Managing The Product Price, Public Service In The Areas Of Management, Maintenance Of Roads, Inland Waterways Follow The Method ...

Original Language Title: Thông tư liên tịch 75/2011/TTLT-BTC-BGTVT: Hướng dẫn lập và quản lý giá sản phẩm, dịch vụ công ích trong lĩnh vực quản lý, bảo trì đường bộ, đường thủy nội địa thực hiện theo phương thức đ...

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Pursuant to the law of road traffic 23/2008/QH12 on November 13, 2008;

The base transport inland waterway Law No. 23/2004/QH11 on October 15, 2004-06;

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. 32/2005/ND-CP dated 11 March 2005 from the Government about the manufacture and supply of products, public service;

Pursuant to Decree No. 170/2003/ND-CP dated 25 December 2003 detailing the Government's implementation of some articles of the Ordinance; Decree No. 75/2008/ND-CP dated 9 June 2008 by the Government on the amendments and supplements to some articles of Decree No. 170/2003/ND-CP dated 25 December 2003 detailing the Government's implementation of some articles of the Ordinance;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

Pursuant to decision No. 1082/QĐ-TTg dated 14/7/2010 and decision No. 1386/QĐ-TTg dated 09/08/2010 Prime Minister's Government about changing the pricing authority, public interest in the field of management, maintenance of national rail, road and inland waterways follow the ordering method , delivered the plan;

Minister of Finance-Ministry of transportation guide on setting up and managing the product price, public service in the areas of management, maintenance of road and inland waterways follow order method or plan on using State budget funds as follows: chapter I GENERAL PROVISIONS article 1. Adjustable range of circular provisions of this guide and manage product pricing, public service in the areas of management, maintenance of roads, inland waterways follow State order method or plan to use State budget according to the provisions of Decree No. 32/2005/ND-CP dated March 11, 2005 by the Government on the production and product supply, public service.

Article 2. The object that applies to this circular applies to enterprises, organizations and individuals (hereinafter referred to as units) make the product supply, public service in the areas of management, maintenance of roads, inland waterways; the Agency, economic organization is allocated funds from the State budget in the areas of management, maintenance of roads, inland waterways.

Article 3. Principle of determining the price of the product, public service in the areas of management, maintenance of roads, inland waterways are defined to ensure actual costs reasonable, valid to complete a unit of mass products, public service provision in management, road maintenance , inland waterways; fit process, rules, technical-economic norms were competent State agencies and technical status of individual works, or specific work items; fit the market situation where construction and volume, product quality, service.

 For the business units performing missions by order or plan of the State, is not included in the price of the product, the service fees were State budget ensures (if available).

Chapter II SPECIFIC PROVISIONS article 4. Structure and method of determining the price of 1. Product price structure, public service in the areas of management, maintenance of roads, inland waterways to order, delivered the plan to follow the guidance in Appendix No. 1 attached to this circular, including:-the cost of materials;

-Labor costs;

-Cost of air;

-Other direct costs;

-General costs;

-Taxable income calculated in advance;

-Value added Tax.

2. in case of production, product supply, public service in the areas of management, maintenance of roads, inland waterways as required must have a supervising, consulting, design, project consulting, the consulting work is the determination of the expenses are handled according to the regulations of the Ministry of construction.

3. where the production, product supply, public services in the field of management, highway maintenance, national inland waterway by Ministry of transportation authorized for local management, maintenance as required to have management costs for implementing agency is authorized, then the determination of expenses are handled according to the rules of correct project management expenditures of the Ministry of construction.

4. Method of determining the price of the product, public service in the areas of management, maintenance of roads, inland waterways comply with the instructions in annex No. 2 attached to this circular.

Article 5. Use of technical-economic norms building product prices, public service in the areas of management, maintenance of roads, inland waterways have to use system technical-economic norms by the competent authority.

Article 6. Jurisdiction to decide the price of 1. As for the roads, inland waterways operated by the central budget.

a) product prices, public service in the areas of management, maintenance of roads, inland waterways follow State order method or plan to use the central budget resources by Department of transportation regulation, the Ministry of transportation authorized for the Agency the economic organization, was given the funding from State budget sources rule, after a unanimous opinion written by the Ministry of finance.

b) case of the Ministry of transport made the authorization of Ministry of transportation has assigned text specific to the unit body to perform the valuation according to the regulations.

2. for road, inland waterways using funds that local provincial people's Committee Affairs Department of finance or the Department of transportation is the Agency chaired the committees the regulated price on the basis of the price of the product, the service due to computational unit according to the instructions in this circular.

Article 7. The time to decide the price of 1. The decision to price the product, public service is done after the budget estimation were competent through.

2. The time limit for the evaluation and decision reviews conducted pursuant to the provisions of item 2 article 10 of Decree 170/2003/ND-CP dated 25 December 2003 detailing the Government's implementation of some articles of the Ordinance on Price.

Article 8. Contract price adjustment order; the level of subsidies, subsidies for the production and supply of products, public service contract price adjustment order; the level of subsidies, subsidies for the production and supply of products, public service according to the ordering method, the implementation plan in accordance with current legislation.

Article 9. Check the implementation of the regulations on price management 1. To check the observance of the regulations on the management of product prices, public service in the areas of management, maintenance of road and inland waterways comply with the provisions of this circular and the provisions of the current law are concerned.

2. The unit had violations of the provisions of this circular, then depending on the nature and extent of the violation will be administrative sanction or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.

3. jurisdiction specific sanction, the sanction procedures follow the provisions of the law on the handling of administrative violations.

Chapter III IMPLEMENTATION article 10. Powers and responsibilities of the agencies, the unit 1. The Ministry of transport of a) direction, guidance units, functional agencies perform management reviews under the provisions of this circular and the texts of the relevant legislation;

b) enacted the economic norms, according to the technical authority; processes, rules in the field of management, maintenance of roads, inland waterways as a base to build;

c) chaired or coordinated with the Finance Ministry and relevant agencies to examine the implementation of the price of the product, public service in the areas of management, maintenance of roads, inland waterways under the provisions of this circular and the other provisions of the relevant laws.

2. The Ministry of finance a) make the management reviews under the provisions of this circular and the texts of the relevant legislation;

b) every year, arranged funding from the central budget to make the product supply, public service in the areas of management, maintenance of roads, inland waterways;

c) in collaboration with the Department of transportation and related agencies to check the implementation of the price of the product, public service in the areas of management, maintenance of roads, inland waterways under the provisions of this circular and the other provisions of the relevant laws.

3. the people's committees of provincial level a) assigned specific responsibilities and tasks for the unit, authorities conducted the appraisal, product price decisions, public service follow the ordering method or plan;

b) every year, arranged funding from local budgets to make the product supply, public service in the areas of management, maintenance of road and inland waterway.

c) directed the relevant authorities to check the implementation of the price of products in the field of public utility management, road maintenance, inland waterways under the provisions of this circular and the other provisions of the relevant laws.

4. Unit is the State order or plan a) pursuant the provisions of this circular in order to calculate the price of the product, public service in the areas of management, maintenance of roads, inland waterways follow order method or plan.

b) made and is responsible for supplying the product, public service quality, volume, the prescribed completion time.

c) accepted the provisions of this circular, the provisions of the law on management reviews and provisions of relevant laws.

Article 11. Organizations make


1. This circular effect after 45 days from the date of signing. Abolish circular No. 09/2003/TT-BGTVT on 14/4/2003 of the Ministry of transportation guide estimating repair, management of the river and the former rules contrary to the content of this circular.

2. During the implementation process if there are obstacles, suggest the agency unit, reflecting on the Ministry of transportation, in collaboration with the Ministry of finance to consider and resolve.