Decree No. 130/2013/ND-CP of October 16, 2013, on the production and provision of public-utility products and services

 THE GOVERNMENT

Decree No. 130/2013/ND-CP of October 16, 2013, on the production and provision of public-utility products and services

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on Enterprises;

Pursuant to the November 20, 2012 Law on Cooperatives;

Pursuant to the November 29, 2005 Law on Bidding and the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws concerning capital construction investment;

At the proposal of the Minister of Planning and Investment,

The Government promulgates the Decree on the production and provision of public-utility products and services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes:

a/ Criteria and lists of public-utility products and services;

b/ Methods of providing public-utility products and services;

c/ The production and provision of public-utility products and services.

2. If specialized legal documents contain separate provisions on the production and provision of public-utility products and services, which are different from the provisions of this Decree, the provisions of such specialized legal documents will prevail.

Article 2. Subjects of application

This Decree applies to enterprises of all economic sectors; cooperatives registering business in accordance with law; and organizations and individuals with lawful operation registration that are involved in the production and provision of public-utility products and services (below collectively referred to as public-utility product and service producers and providers or contractors in case of participation in biddings for the production and provision of public-utility products and services in accordance with the bidding law); and agencies and organizations involved in organizing the production and provision of public-utility products and services.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Public-utility products and services are identified as products and services when they fully satisfy the following criteria:

a/ Being products and services essential to the socio-economic life of the country or the population community of a territorial area which the State needs to ensure for common interests or for national defense and security maintenance;

b/ The cost of production and provision of these products and services under the market mechanism can hardly be compensated for;

c/ They are produced and supplied under orders placed, or according to plans assigned, by competent agencies or organizations, or through biddings with prices or charges prescribed by the State.

2. Public-utility product and service price subsidy is an amount of financial support from the state budget at a fixed level per product or service unit for public-utility product and service producers and providers to produce and provide public-utility products and services on orders placed by the State.

3. The public-utility product and service price subsidy level is the difference between the sale price prescribed by the State and the reasonable costs of public-utility products and services produced and provided by public-utility product and service producers and providers on orders placed by the State.

4. Support for production and provision of public-utility products and services is an amount of financial support from the state budget for public-utility product and service producers and providers to produce and provide public-utility products and services under plans assigned by the State.

5. The public-utility product and service production and provision support level is the difference between the money amount paid by public-utility product and service beneficiaries as prescribed by the State and the reasonable expenses of public-utility product and service producers and providers for the production and provision of public-utility products and services under plans assigned by the State.

6. Reasonable expenses of public-utility product and service producers and providers are actual expenses related to the production and provision of public-utility products and services as prescribed in the Enterprise Income Tax Law and relevant legal documents.

7. Competent persons are heads (or authorized persons) of agencies or organizations competent to decide on methods of providing public-utility products and services.

8. Bid solicitors, order-placing agencies or plan-assigning agencies are units attached to agencies or organizations competent to decide on methods of providing public-utility products and services, and are tasked to organize biddings, place goods orders or assign plans as provided by this Decree.