JOINT CIRCULAR
Guiding the management and use of economic business funding to implement public tasks in the field of management and maintenance of railway infrastructure in the country by the State
private
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Pursuant Railway Law No. 35/2005 / QH11 of June 14, 2005;
Pursuant to the State Budget Law No. 01/2002 / QH11 of December 16, 2002;
Pursuant to Decree No. 14/2015 / ND-CP dated 13 May 02 2015 of the Government detailing and guiding the implementation of some articles of the Law on Railways;
Pursuant to Decree No. 60/2003 / ND-CP of June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;
Pursuant to Decree No. 46/2015 / ND-CP dated May 12, 2015 of the Government on the quality management and maintenance of buildings;
Pursuant to Decree No. 130/2013 / ND-CP of October 16, 2013 of the Government on the production and supply of products and public services;
Pursuant to Decree No. 107/2012 / ND-CP of December 20, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 215/2013 / ND-CP of December 23, 2013 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Finance;
Minister of Transport and the Minister of Finance issued a joint circular guiding the management and use of economic business funding to implement public tasks in the field of management and maintenance of railway infrastructure in the country of investment by the State.

Chapter I General Provisions Article 1. Scope

adjust this Circular guiding the management and use of business funds to perform economic tasks useful in the field of management and maintenance of railway infrastructure in the country of investment by the State.
Article 2. Subject to
This Circular applies to organizations and individuals related to the management and use of economic business funding to implement public tasks in the field of management and maintenance of railway infrastructure in the country of investment by the State.
Article 3. State Assets
1 funding. Assets under infrastructure system of national railway investment by the State (hereinafter referred to as the railway infrastructure) financed by the State management, annual maintenance includes:
a) upstairs structures, roadbed and structures of the main line of protection, gas lines, branch lines connected to the main line; Drainage systems, markers, signs.
B) Building bridges, tunnels, embankments, retaining walls.
C) Works crossroads.
D) Public information, signals: signal out into the station, transmission lines, switchboard station, device control and signal cables, power equipment.
E) Public buildings: the terminal, the operator rail transportation, warehousing station, guard towers, platforms, supply systems and drainage.
E) Transformer substations, transmission lines supplying power to the station.
G) support structures for rail transport services: goods yard, specialized in road and yard goods station, Station Square, fence.
h) Works for fire prevention, fire fighting, environmental sanitation.
I) equipment and other ancillary works related to projects referred to in point a, b, c, d, e, f, g, h above.
These assets do not perform the above-mentioned basic depreciation which is tracked attrition levels under the guidance of the Ministry of Finance on the management mode, use and depreciation of fixed assets.
2. Where railway infrastructure is a term assignment, the State does not provide funding for maintenance management of assets to be transferred implement the management and maintenance under the contract signed.
Article 4. Contents of funds spent on economic services Railway

Funds Economic career by the State Railway to perform the following tasks:
1. Regular maintenance railway infrastructure.
2. Periodic maintenance and unscheduled rail infrastructure. 3
. Fix damaged infrastructure as a result railways flood, accidents, natural disasters and accidents caused rail traffic.
4. Project management costs for the work referred to in paragraph 1, 2 and 3 of this Article;
5. Other tasks
a) Check, monitoring, testing, verification, evaluation, project consulting, design consulting, advisory and other consulting supervision in the case of works performed requested or needed; audit and finalization.
B) Costs adjusted up or maintenance procedures for projects put into operation, use or need to adjust the maintenance process; construction costs of economic and technical norms for cases where no norms or need to adjust the economic and technical norms (except by state management agencies implement).
C) Cost recovery preserve supplies retained for reuse (not for use in the maintenance of railway infrastructure in accordance with paragraph 3 of Article 12 of this Circular).

Chapter II FORMS AND METHODS OF MANAGEMENT AND MAINTENANCE OF RAILWAY INFRASTRUCTURE
Article 5. The form and method of implementing management and maintenance of railway infrastructure
1. For regular maintenance work; inspection, monitoring inspection railway infrastructure; project management implemented by the method of ordering.
2. For products and services with quality construction and product and service purchase of assets valued at over 01 billion follow procurement methods; from 01 billion or less, if not meet the tender conditions, comply with ordering methods. 3
. For products and services with consultancy properties valued at over 500 million follow procurement methods; 500 million or less if not meet the tender conditions, comply with ordering methods
4. For remedial work due to accident, natural disasters, traffic accidents follow steps 1 ordering methods and in accordance with the provisions of Circular No. 01/2010 / TT-BGTVT 01 years 11 months 2010 by the Ministry of transport regulations on prevention, remedial flood incident response, disaster and rescue in railway operations.
Article 6. Procurement contractor selection
1. Railway Corporation Vietnam organized selection of contractors bidding for the management and maintenance of railway infrastructure in accordance with the law on procurement.
2. The implementation of monitoring, testing, contract payments as prescribed by law.
Article 7. Order the management and maintenance of railway infrastructure
1. Contractors received maintenance orders railway infrastructure must satisfy the conditions prescribed in Article 21 of Decree No. 130/2013 / ND-CP of October 16, 2013 of the Government on production and supply products, utility services (Decree No. 130/2013 / ND-CP) and paragraph 2 of Article 9 of Decree No. 14/2015 / ND-CP dated 13 May 2015 02 Government spending rules and guiding the implementation of some articles of the Law on Railways.
2. Corporation Vietnam railway construction price, the unit price of regular maintenance of railway works under the current regulations the Ministry of Transport for approval. On that basis, the Corporation implemented the order contract with the contractor as prescribed. 3
. The implementation of the contracts, monitoring, testing, contract payments as prescribed by law.

4. Contract production orders and supply products and services include utility rail norms prescribed in Clause 2, Article 22 of Decree No. 130/2013 / ND-CP of the Government. Order contracts to be adjusted in the cases specified in Article 23 of Decree No. 130/2013 / ND-CP of the Government.

Chapter III PLANS, ESTIMATES AND PAYMENT AND SETTLEMENT FUNDS CAREER IN THE FIELD OF ECONOMIC MANAGEMENT AND MAINTENANCE OF RAILWAY INFRASTRUCTURE
Article 8. Preparation, communication design management planning, maintenance railway infrastructure
the preparation, traffic management plan, maintaining the railway infrastructure shall comply with the current regulations of the Ministry of transport.
Article 9. Lap, allocation and assignment of the State budget expenditure budget for economic rail industry
1. Railway Corporation Vietnam estimation State budget funds economic railway career form in Appendix 01 to this Circular to the Ministry of Transport before July 15 every year. Transport Ministry to consider and incorporate them into estimates of revenues and expenditures of the State Budget the following year by the Ministry of Transport to the Ministry of Finance before July 20 each year for submission to the competent authority for approval .
2. Based on the estimates of revenues and expenditures of the State Budget of the Ministry of Finance and the management plan, maintaining the railway infrastructure by the Ministry of Transport for approval in Article 8 of this Circular, the Ministry of Communications transport plans for allocating the state budget expenditures for each task according to the form in Appendix 02 to this Circular, to the Ministry of Finance for appraisal according to regulations. The Ministry of Transport was allocated to the 1% to 2% of the total funds allocated to overcome flood prevention, the slowest time limit allocated to October 31 annually. 3
. After a detailed evaluation of the Ministry of Finance, Ministry of Transport allocated budget expenditure estimates for each task state according to the form in Appendix 03 to this Circular Railway Corporation Vietnam to implementing organizations. In the process of implementation of the State Budget expenditures allocated, case transfer of funds between expenditure assignments specified in Article 4 of this Circular, the Ministry of Transport decided after consulting with documents of the Ministry of Finance. Where the unused end of the year, the remaining funds are handled in accordance with the Law on State Budget and guiding documents.
Article 10. Advance payment business funding sources economy
1 railways. Advance payment funds business economic manner rail tender comply with current regulations of the Ministry of Finance.
2. Advance payment funds business economic manner railway order
a) The dossier sent the State Treasury for the first time include: The decision to allocate expenditure estimates of the Ministry of Transport; ordering contract between the Corporation and Vietnam Railway and contractors to manage, maintain rail infrastructure.
B) Advance funding: Profile send each advance include: Paper withdraw the state budget estimates (advance) of the Railway Corporation in Vietnam, clearly stating that the content in advance to State Treasury based control and monitoring at checkout.
C) Payment: Upon completion volume was commissioned according to the payment period of the contract, the Corporation Vietnam Railway filing a payment request and sent the State Treasury, including: | || - the valuation of workload management and maintenance of railway infrastructure completed contractual payment request, as certified by the Corporation Vietnam railway and contractors;
- Mass acceptance record, complete quality between Railway Corporation Vietnam and contractors;
- Minutes of recovered materials (if any);

- Price, the unit price by the Ministry of Transport for approval; the level of subsidy by the agency or organization competent to decide;
- Request for payment of advance or withdrawal of the Corporation Vietnam Railways;
- Paper withdraw the state budget estimates of the Corporation Vietnam Railways;
- Documents from other legally prescribed.
On a monthly basis, the Corporation Vietnam Railway perform complete acceptance and payment procedures for budget management and maintenance of railway infrastructure completed for contractors.
D) The order, procedures and dossiers in advance, payment shall be made under the provisions of Decree No. 60/2003 / ND-CP of June 6, 2003 by the Government and regulations, instructions relevant. 3
. Advance level and advance recovery time
a) advance levels
- For payments from contracts worth 20 million or more, advance level stipulated in the contract signed the Corporation's Vietnam railway and the contractor but not exceeding 50% of the contract value at the time of signing and shall not exceed the approved annual estimates for such expenditures.
- For those expenses but no contracts and payments under a contract valued at 20 million, according to advance the progress of implementation.
B) advance recovery time
The recovery of advance payments starting the first time and fully recovered when the advance payment last year's plan.
Article 11 Advance payment of other spending items
Based on the draft State budget expenditure by the Ministry of Communications and Transportation, economic and technical norms, financial regulations, prices and approved the work unit, the Corporation Vietnam railways advance implementation, payment of economic business funding for rail units perform tasks other expenses (other than expenditure assignments have been specified in advance, payment in Article 10 of this Circular) as stipulated in Decree No. 60/2003 / ND-CP of June 6, 2003 of the Government and other relevant guidelines. Advance level and advance recovery time as stipulated in Clause 3 of Article 10 of this Circular.
Article 12. Management, use and liquidation supplies recovered
1. The entire material substituted in the management process, infrastructure maintenance railway Corporation Vietnam Railway responsible withdrawal, set up a council to classify materials capable of reuse and material shall not be reused; Preservation and tracking of both quantity and reflect the value of the materials recovered on bookkeeping. At least 01 months of recovery, the Corporation plans to use the Transport Ministry approval.
2. For materials not recovered reusable, within 01 months from the Ministry of Transport approved treatment plan, Railway Corporation Vietnam organize the liquidation or sale of prescribed. Where to supplies of outstanding recovery time than the above, the Corporation Vietnam Railways is responsible to pay for storage. 3
. For supplies retained for reuse, the Corporation Vietnam Railway responsible management and preservation. When used in the maintenance of rail infrastructure, the Corporation reported the Ministry of Transport for the Ministry of Finance carried out record revenues and expenditures as prescribed.
4. Railway Corporation Vietnam estimating cost recovery, preservation and recovery of liquidated supplies (not reused and retained for reuse) of railway infrastructure in the Ministry of Transport approval.

5. Proceeds from the sale or liquidation of materials recovered in the railway infrastructure after subtracting the cost recovery, preservation, liquidation or sale of the Corporation Vietnam railway shall pay to the bank central government within 01 months from the time of completion of the sale; late payment cases are subject to a late payment interest calculated at the base rate by the State Bank announced at the latest time for the late payment of money and time. The amount paid to the State budget was 100% for the balance of the management and maintenance of railway infrastructure in the country of investment by the State.
Article 13. Responsibility for setting up, testing, evaluating and approving the settlement
1. Railway Corporation Vietnam:
a) Annual report funding settlement economic services Railway Transport Ministry filed and the Ministry of Finance as prescribed.
B) Prepare reports on the settlement project, the works are completed the competent authority for approval as stipulated by the law on investment and construction.
2. Transport Ministry:
a) Notice inspection plan funding settlement economic services Railway Corporation Vietnam Railway and the Ministry of Finance to coordinate the implementation.
B) Coordinate the Ministry of Finance to examine the budget settlement economic services Railway Corporation Vietnam Railway. Based on the test results above finalized, implementation of the settlement approved budget for economic services Railway Railway Corporation Vietnam as prescribed.
C) approve the settlement project, works completed under the provisions of law on construction investment. Where there is a difference compared to the settlement data of annual maintenance costs of the competent authority, to adjust the annual financial figures in accordance with the settlement of completed projects. 3
. Based on the results of the settlement approved budget for economic services of the Ministry of Railway Transport, the Ministry of Finance for appraisal and evaluation results announced finalization of the Ministry of Transport under the provisions of the Law State budget.
Article 14. Handling of violations
1. When checked, settlement evaluation, inspection agencies, examining the settlement is entitled to expenses paid out irregularities, improper expenditures and expenses regime is not in the budget estimates are allocated to competent authorities ; and who gave the order to the wrong person must reimburse public funds and shall be liable as prescribed by law. The amount of those debts shall be handled in accordance with the Law on State Budget.
2. Corporation Vietnam Railway and the contractor to manage the maintenance of rail infrastructure responsible before the State and the law for the accuracy, truthfulness, validity and legality of the data reported settlement. Chapter IV


IMPLEMENTATION Article 14 Effect
1. This Joint Circular takes effect as from July 1, 2016; applicable from the financial year 2016 and replaces Circular No. 167/2011 / TT-BTC of November 18, 2011 of the Ministry of Finance guiding the financial management, transport planning, payment business economic capital for a limited liability company members perform a public tasks in the field of management and maintenance of the national rail investment by the state.
2. In the course of implementation, if any problems arise, agencies and units to the Ministry of Transport shall, in collaboration with the Ministry of Finance for consideration and settlement. /.