Conditions for ordering state-funded public services in Vietnam

Conditions for ordering state-funded public services in Vietnam (Image from Internet)

1. Conditions for ordering state-funded public services in Vietnam

The conditions for ordering state-funded public services in Vietnam are specified in Article 12 of Decree 32/2019/ND-CP as follows:

- Placing orders for state-funded public services for public service providers under the direct management of higher management agencies placing orders for public service provision, according to the list stipulated in Appendix I attached to Decree 32/2019/ND-CP, when the following conditions are met simultaneously:

+ Meeting the conditions specified in Points a, b, and c of Clause 2, Article 9 of Decree 32/2019/ND-CP;

+ The list of public service provision services has economic-technical norms, unit prices, or service prices issued by the competent authority as a basis for placing orders;

+ Other conditions for placing orders according to related legal regulations (if any).

- Placing orders for state-funded public services for other public service providers, according to the list stipulated in Appendix I attached to Decree 32/2019/ND-CP, when the following conditions are met simultaneously:

+ The other public service providers have registered businesses suitable for the public service fields ordered; have sufficient financial capacity, facilities, equipment, machinery, technical level, production technology, management level, and workforce to meet the order requirements. Additionally, for other public service providers ordered in fields regulated by the State, they must also meet the condition of being licensed by the competent authority according to specialized legal regulations;

+ The list of public services with specific characteristics related to intellectual property or only one registered service provider;

+ The list of public service provision services has economic-technical norms, unit prices, or service prices issued by the competent authority as a basis for placing orders;

- Conditions for ordering state-funded public services with specific characteristics (if any) specified in Clause 3, Article 7 of Decree 32/2019/ND-CP are executed according to the Decision of the Prime Minister of Vietnam.

- In cases of placing orders for other state-funded public services as specified in specialized legal regulations, the specialized legal regulations (if any) shall apply.

- The list of public service provision services using state budget funds in Appendix I attached to Decree 32/2019/ND-CP is to be executed using the order method while encouraging the use of competitive bidding.

2. Basis for ordering of state-funded public services in Vietnam

The Basis for ordering of state-funded public services in Vietnam is specified in Article 13 of Decree 32/2019/ND-CP as follows:

- The approved revenue and expenditure estimates.

- The decision of the competent authority on the list of public service provision services using state budget funds executed using the order method.

- The unit prices or service prices of state-funded public services ordered are determined based on current economic-technical norms, cost norms of the State and are approved by the competent authority according to legal regulations on pricing and other related legal regulations.

For placing orders for public service provision executed by public service providers, the basis is according to the phased cost-based pricing or non-full cost-based pricing under the public service providers' autonomous mechanism in each field (education and training; vocational education; healthcare; culture, sports, and tourism; information and communications; science and technology; economic and other public services).

- In cases of public service provision subject to fees, the service fee levels are executed according to legal regulations on fees and charges.

- Other bases for placing orders according to specialized legal regulations (if any).

- Based on the assigned estimates; the list of public service provision services ordered; the unit prices, service prices, fees for public service provision decided by the competent authority; and other bases for placing orders (if any), the higher management agency determines the quantity, volume of public service provision to be ordered for units to execute. In cases of ordering public service provision from public service providers at prices or fees not covering full costs, the state budget supports the part of the costs not included in the prices or fees of public service.

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