Joint Circular No. 09/2016 / Ttlt Bgtvt-Btc: Guide Valuation Methods And The Product Management, Public Services In The Field Of Management And Maintenance Of The National Railway Follow Methods .. .

Original Language Title: Thông tư liên tịch 09/2016/TTLT-BGTVT-BTC: Hướng dẫn phương pháp định giá và quản lý giá sản phẩm, dịch vụ công ích trong lĩnh vực quản lý, bảo trì đường sắt quốc gia thực hiện theo phương thức...

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JOINT CIRCULAR
Guiding valuation methods and the product management, public services in the field of management and maintenance of the national rail follow the methods ordered or planned by the capital ________________________ central budget


Pursuant Railway Law No. 35/2005 / QH11 of June 14, 2005;
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. 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. 177/2013 / ND-CP of November 14, 2013 of the Government detailing and guiding the implementation of some articles of the Law on Prices;
Pursuant to Decree No. 107/2012 / ND-CP of December 20, 2012 of the Government regulating the functions, powers and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 215/2013 / ND-CP of December 23, 2013 of the Government regulating the functions, powers and organizational structure of the Ministry of Finance;
Minister of Transport and the Minister of Finance issued a joint circular guiding the valuation methods and the product management, public services in the field of management and maintenance of national railway manner in the implementation of the order or planned use of central budget funds.
Article 1. Scope
this Circular guidance on valuation methods and the product management, public services in the field of management and maintenance of the national railway follows the informal ordered or plan to use the central budget funds as stipulated in Decree No. 130/2013 / ND-CP of October 16, 2013 of the Government on the production and supply of products and services ons.
Article 2. Subject to
1. This Circular applies to agencies, organizations and enterprises concerned carried out the production and supply of products and services in the field of public management and maintenance of the national rail modes follow orders or planned use of central budget funds.
2. Agencies, organizations and individuals concerned are not subject to paragraph 1 of this Article is to apply the provisions of this Circular to build a bid estimate, at the same time comply with the provisions of the legislation procurement in the case of service providers bidding for regular maintenance railway infrastructure. For procurement case periodic maintenance railway infrastructure shall comply with the provisions of the Construction Management of capital construction investment.
Article 3. Principles of valuation
Price products, public services in the field of management and maintenance of the national railways are determined to ensure:
1. Offset actual costs reasonable and valid to complete a unit volume of products or services specified in utility management and maintenance of the national railway.
2. Compliance with the standards, technical and economic norms are state agencies competent to promulgate and technical state of each work, or each specific job categories. 3
. Line with where the market situation and the volume of construction, quality of products and services.
4. Not included in the product and service costs the state budget has been secured.
Article 4. The structure and the method of determining the product, public service
1. The product structure, public services in the field of management and maintenance of the national railway used to order or planned for the units follow the guidance in Appendix 01 of this Circular, including:
a) Cost of raw materials and energy;
B) Cost of labor;
C) Cost of machines, equipment and vehicles;
D) other direct expenses;
E) general expenses;
E) taxable income;
G) value added tax.

2. Method of determining the product, public service in the field of management and maintenance of the national rail above comply with the guidance in Appendix 02 issued together with this Circular.
Article 5. Expenses outside unit price of products, utility services
1. Other expenses in the maintenance
Cost monitoring, inspection, testing, verification, evaluation, project consulting, design consulting, counseling supervision, audit and settlement, other advice (in the case of work done on demand or as needed) of the product, public service in the field of management and maintenance of the national railway is calculated separately for each specific task and transport comply with the provisions of the Ministry of construction, the Ministry of Finance for investment projects in capital construction.
2. Project management costs
Project Cost Management: The cost for the management of the unit is tasked with managing orders or planned products and services in the field of public administration Management and maintenance of the national railway. This cost is determined by the percentage (%) compared with the total cost of national railway maintenance allocated in the State budget estimates annually. Management expense ratio this project shall be based on the cost of project management by the Ministry of Construction regulations for investment projects in capital construction.
Article 6. Use of the econo -
The construction engineering the product, public service in the field of management and maintenance of the national rail system must use norms International - technique by the competent authorities issued. Article 7. Competence
prices
Cost decisions outside the unit price, the unit price or the product, public service in the field of management and maintenance of the national railway follow methods State ordered or planned use of central funds by the Ministry of transport decided. Article 8. Time
prices
1 decision. The decision on the product, public service was made after the budget estimates of the State ordered or plan to use central funds allocated by the Finance Ministry to the Ministry of Transport.
2. Term evaluation and pricing decisions comply with Clause 2, Article 9 of Decree No. 177/2013 / ND-CP of November 14, 2013 of the Government detailing and guiding the implementation of some articles Price Law and the text of the amended and supplemented replacement (if available).
Article 9. Price Adjustment contract orders; price support and subsidies for the production and supply of products and public services
The price adjustment contract orders; price support and subsidies for the production and supply of products and services in the form of public-order provisions comply with current legislation.
Article 10. Check the implementation of the regulations on price management
1. The inspection of the observance of regulations on the management of the product, public service in the field of management and maintenance of the national rail comply with the provisions of this Circular and the provisions of the current legislation involve.
2. Organizations and individuals that commit acts of violating the provisions of this Circular shall, depending on the nature and seriousness of their violations, be administratively sanctioned or prosecuted for criminal liability, if causing damage, they must pay often as prescribed by law. 3
. Sanctioning competence, order and procedures for sanctioning comply with the law on handling of administrative violations.
Article 11. Rights and responsibilities of the agencies and units
1. Transport Ministry
a) direct and guide units and agencies shall make and price management within its jurisdiction, the provisions of this Circular and other documents relevant legislation.
B) Issued and economic norms - technical competence; technical regulations and standards in the field of management and maintenance of the national railway construction as the basis for the price.

C) Check the performance of the product, public service in the field of management and maintenance of the national rail under the provisions of this Circular and other provisions of the relevant legislation.
2. Finance Ministry
a) coordinate with the Ministry of Transport to manage the price stipulated in this Circular and other documents relevant legislation.
B) annually allocate funds from the central budget to carry out the supply of products and public services in the field of management and maintenance of the national railway in accordance with the law.
C) coordinate with the Ministry of Transport and relevant agencies to organize the inspection, examination or inspection shall organize, check under the authority implementing the product in the field of public management and maintenance of the national rail under the provisions of this Circular and other provisions of the relevant legislation.
Article 12 Implementation
1. This Circular takes effect from July 1, 2016, replaces Joint Circular No. 76 / TTLT BTC-BGTVT June 6, 2011 of the Ministry of Finance and the Ministry of Transport established guide and the product management, public services in the field of management and maintenance of the national rail modes follow orders or planned use of the State budget.
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. /.

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