Chapter V
IMPLEMENTATION
Article 26. Responsibilities of Ministries, central authorities and all-level People’s Committees
1. Responsibilities of Ministries and central authorities
a) Solicit the Prime Minister to give his consent to releasing, amending or supplementing classification lists of state-funded public services under the jurisdiction of Ministries or central authorities; classification lists of public utilities of Ministries or central authorities in accordance with Article 5 herein in order to ensure that they are adapted for use over time;
b) Release, amend and supplement the followings under their respective authority:
- Economic – technical norms or cost norms (if any) applied to public goods and services that are used as a basis to determine and announce unit prices and total prices of public goods and services.
- Unit prices, total prices of public goods and services; subsidies on public utilities of Ministries and central authorities that are subject to price and other relevant law.
- Quality criteria and standards of public goods and services; supervision, assessment and quality inspection mechanisms, rules and regulations on examination and acceptance testing of public goods or services under their jurisdiction.
c) Solicit the Prime Minister to give his consent to releasing, amending or supplementing classification lists of particular state-funded public services prescribed in clause 3 of Article 7 herein (if any).
2. Responsibilities of provincial People’s Committees
a) Adopt, amend or supplement classification lists of state-funded public services; classification lists of public utilities under their jurisdiction in accordance with Article 5 herein in order to ensure that they are adapted for use over time;
b) Adopt, amend and supplement economic – technical norms or cost norms (if any) applied to public goods and services that are used as a basis to determine and announce unit prices and total prices of public goods and services; Quality criteria and standards of public goods and services; supervision, assessment and quality inspection mechanisms, rules and regulations on examination and acceptance testing of public goods or services under their jurisdiction;
c) Adopt unit prices, total prices of public goods and services; subsidies on public utilities under their jurisdiction in accordance with law on prices and regulatory provisions of relevant law.
3. Ministry of Labor, War Invalids and Social Affairs shall take charge of and cooperate with the Ministry of Home Affairs, the Ministry of Finance and other relevant Ministries and agencies in providing instructions about personnel wages or salaries included in costs or values and unit prices of public goods and services shown in Appendix II; personnel wages or salaries included in unit prices of state-funded public goods and services shown in Chart 02 of Appendix I to this Decree for businesses that are awarded contracts through the ordering or tendering (or commissioning, once provided in specialized law) process.
4. Ministers, Heads of Ministerial-level agencies, Presidents of provincial People’s Committees shall, based on general regulations on commissioning, ordering or tendering for state-funded public services; public utilities specified in Chapter II and III herein (including information shown in Forms attached hereto), elaborate on and supplement regulations on the commissioning, ordering or tendering process (where necessary) in order to ensure that they are conformable with management requirements and particular characteristics of specific sectors and other regulatory provisions of relevant law.
5. The Ministry of Health shall seek the Prime Minister’s decision on ordering state-funded medical examination, treatment and prophylaxis services by state health regulators from health establishments controlled by military units based in border or island areas where civil health services are suffering a lot of disadvantages, leading to failure to meet medical needs of the population; health military health services are provided by applying the combined civil-military healthcare model.
6. Ministries, central authorities and all-level People's Committees shall play a command and managerial role in, or authorize their directly-controlled agencies to perform, the process of commissioning, ordering or tendering form public goods and services; shall bear responsibility for effective use of budgeted funds for carrying out these processes under their jurisdiction, and for contractor selection results in accordance with regulatory provisions of the Law on Bidding.
Article 27. Responsibilities of state-owned public service units; other public service providers; producers or suppliers of public utilities
1. State-owned public service units receiving commissions or orders to supply state-funded public services shall assume the following responsibilities:
a) Ensure fulfillment of assigned duties specified in decisions of competent authorities;
b) Bear responsibility to their superior managing bodies for the public goods or services that they administer; avoid ordering the public services that have been ordered by their superior managing bodies from other units;
c) Bear legal responsibility for validity and legitimacy of public good and service supply dossiers and plans.
2. Other public service providers; producers or suppliers of public utilities shall have the following rights and obligations:
a) Conclude contracts or agreements in accordance with law (or be entitled to commissions in accordance with specialized law);
b) Receive payments or charges at the prices or subsidies stated in agreements or contracts in effect, specialized law and other regulatory provisions of relevant law;
c) Offset the costs that they incur at their own expense to make these costs equal to the bid-winning prices at which they are awarded contracts to provide public goods and services;
d) Bear responsibility to agencies ordering, tendering for (or commissioning) public goods and services for the provided ones;
dd) Bear legal responsibility for validity and legitimacy of public good and service supply dossiers and plans.
Article 28. Inspection and supervision
1. Ministries, central authorities and all-level People’s Committees
a) Heads of central authorities shall be responsible for directing, inspecting, monitoring and supervising performance of Ministries and central authorities involved in the process of commissioning, ordering and tendering for public goods and services funded by the central government budget;
b) Presidents of all-level People’s Committees shall be responsible for directing, inspecting, monitoring and supervising performance of local authorities involved in the process of commissioning, ordering and tendering for public goods and services funded by the local government budget.
2. Financial regulators
a) The Ministry of Finance shall collaborate with Ministries and central authorities in inspecting the process of commissioning, ordering and tendering for public goods and services under the spending duties of the central government budget;
b) All-level local financial regulators shall collaborate with local specialized regulatory authorities in inspecting the process of commissioning, ordering and tendering for public goods and services under the spending duties of the local government budget;
c) All-level State Treasuries shall consult decisions on commissioning, ordering and tendering for public goods and services; budgets allocated by competent authorities; decisions and agreements binding on the ordering and tendering process; product acceptance testing reports; reports on acceptance testing of the ordered public goods or services; contract acceptance testing and discharge reports; other related documents prescribed herein, regulatory provisions of specialized law and relevant law to control spending of, and disburse budgeted funds for commissioning and ordering public goods and services to, state-owned public service units administering these public goods and services; or shall consult contracts or agreements binding upon the ordering, tendering (or commissioning) process to control spending of, and disburse budgeted funds for commissioning and ordering public goods and services to, other public service providers; producers or suppliers of public utilities in accordance with the Law on State Budget and other regulatory provisions in force.
Article 29. Grandfather clause
If state-funded public services; public utilities have been already commissioned, ordered or tendered for by superior managing bodies before the entry into force of this Decree, regulations laid down in the Government’s Decree No. 130/2013/ND-CP dated October 16, 2013 on production and supply of public utilities; the Prime Minister’s Decision No. 39/2008/QD-TTg dated March 14, 2008, setting forth regulations on tendering, ordering and commissioning state-funded public services, shall be applied until completion of the duties assigned by superiors; discharge of purchase agreements or contracts to supply public goods and services.
Article 30. Entry into force
1. This Decree shall come into force as from June 1, 2019, and apply in the 2019 budget year.
2. The Government’s Decree No. 130/2013/ND-CP dated October 16, 2013 on production and supply of public utilities; and the Prime Minister’s Decision No. 39/2008/QD-TTg dated March 14, 2008, setting forth regulations on tendering for, ordering and commissioning state-funded public services, shall be superseded by this Decree.
3. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Presidents of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for enforcing this Decree./.
Tìm kiếm
Nghị định 32/2019/NĐ-CP (Bản Word)
Nghị định 32/2019/NĐ-CP (Bản Pdf)