Thông tư 113/2018/TT-BTC quy định về giá trong hoạt động quy hoạch

THE MINISTRY OF FINANCE

Circular No. 113/2018/TT-BTC dated November 15, 2018 of the Ministry of Finance on regulating prices of planning services

Pursuant to the Law on Planning No. 21/2017/QH14 dated November 24, 2017 and other legislative documents elaborating and providing guidance on implementation thereof;

Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012 and other legislative documents elaborating and providing guidance on implementation thereof;

Pursuant to the Government's Decree No.87/2017/ND-CP dated July 26, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Upon the request of the Director of the Price Management Authority,

The Minister of Finance hereby promulgates the Circular regulating prices of planning services.

Article 1. Scope of adjustment

1. This Circular elaborates point b of clause 6 of Article 55 in the Law on Planning regarding the determination of prices applied to plan services funded by public sector investments and recurrent state budget expenditures under the provisions of the Law on Planning.

2. Prices of planning services specified herein shall only be applied if entities, organizations or persons having competence in planning activities are allowed to purchase and outsource goods and services to perform duties defined in the Law on Planning and other legislative documents elaborating and providing guidance on implementation thereof.

3. In case where planning services belonging to the list of state-funded public sector services and public utilities are commissioned, ordered or purchased through the bidding for these public sector services and public utilities by competent regulatory authorities, the determination of prices shall be subject to legislative documents on assignment of tasks, placement of orders or bidding for provision of public sector services and public utilities.

Article 2. Subjects of application

1. Bodies having competence in presiding over the formulation of planning schemes or tasked with counseling the Government, the Prime Minister, Ministries, Ministry-level agencies and provincial People's Committees to take charge of formulating planning schemes.

2. Planning bodies which are entities or organizations charged by the Government, the Prime Minister, Ministries, Ministry-level agencies and provincial People's Committees with formulating planning schemes belonging to the national planning system.

3. Organizations and individuals tasked with engaging in planning activities; other organizations or individuals involved.

Article 3. Prices applied in planning activities

1. Prices applied to plan services shall be defined on a basis of costs incurred from hired or purchased planning services. Based on the nature of planning services, activities to be performed in these services and regulations laid down in the Law on Planning and other legislative documents elaborating and providing guidance on implementation thereof, prices of planning services shall be constituted by one or certain costs defined hereunder:

- Costs incurred by hiring consultants.

- Costs incurred by purchasing equipment and machinery.

- Costs incurred by using services and other costs.

2. Planning bodies and bodies presiding over the formulation of planning components under the provisions of the Law on Planning and other legislative documents elaborating and providing guidance on implementation thereof shall be responsible for deciding prices of planning services in order to meet requirements of assigned planning tasks after receipt of written opinions from same-level finance bodies (except in case of planning schemes related to state secrets under the provisions of law).

Article 4. Principles of pricing of planning services

1. Conform to tasks and nature of planning services specified in the Law on Planning No. 21/2017/QH14 and other legislative documents elaborating and providing guidance on implementation thereof.

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