Regulations on prices, fees of public administrative services funded by state budget in Vietnam

Regulations on prices, fees of public administrative services funded by state budget in Vietnam (Internet image)

1. Regulations on prices, fees of public administrative services funded by state budget in Vietnam

Regulations on prices, fees of public administrative services funded by state budget in Vietnam according to Article 5 of Decree 60/2021/ND-CP are as follows:

- Prices of public administrative services funded by state budget shall be determined according to law regulations on pricing, economic-technical and cost norms adopted by competent authorities and the roadmap for calculating prices of public administrative services funded by state budget as prescribed in Clause 3 of Article 5 of Decree 60/2021/ND-CP. To be specific:

= Salary costs constituting the pubic administrative service price shall be calculated by taking into account the statutory pay rate, salary coefficients by payroll, salary grade, working position, salary-based contributions and allowances according to regulations and policies applicable to public administrative units or the working position- or title-based salary and salary-based allowances as prescribed by the State; labour norms introduced by ministries, central agencies or provincial People's Committees with their jurisdiction.

= Depreciation of fixed assets shall comply with regulations on management and use of public assets and the roadmap for inclusion of fixed asset depreciation costs in public administrative service prices adopted by competent authorities.

- In cases where economic - technical and cost norms are not available, prices of public administrative services funded by state budget shall be determined in accordance with law regulations on pricing or according to the average of rational expenses in the previous 03 years.

- Roadmap for pricing public administrative services funded by state budget:

= By the end of 2021, the fundamentals of the roadmap for pricing public administrative services (salary costs, direct expenses, administrative expenses, fixed asset depreciation costs, and other expenses must be fully calculated according to law regulations on pricing) are completed. In cases where another roadmap needs to be developed due to objective difficulties, ministries, central agencies and provincial People's Committees shall play the leading role and request the Prime Minister to consider issuing decisions after obtaining opinions from the Ministry of Finance.

With regard to prices of medical services rendered by public healthcare establishments, education and training, and vocational training services at public educational and training institutions, and public vocational training institutions: If the roadmap specified in Point a of this Clause cannot be applied, Ministry of Health, Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs shall play the leading role and request the Prime Minister to request competent authorities to consider issuing decisions after obtaining opinions from the Ministry of Finance.

= With regard to public administrative services ordered by the Government at the prices to which a full amount of costs have been added, such prices shall apply.

- Pricing method and competent pricing agencies shall be determined in accordance with law regulations on pricing.

Pursuant to law regulations on pricing and the roadmap for pricing public administrative services specified in Clauses 1, 2 and 3 of Article 5 of Decree 60/2021/ND-CP, and based on the state budget balancing capability and market prices as well as economic - social situation in each period, ministries, central agencies and provincial People's Committees shall set specific prices of public administrative services within their jurisdiction or request competent authorities to set such prices.

Public administrative units shall decide specific price of each type of services within the framework of public administrative service prices stipulated by competent authorities. In case competent authorities set specific prices of public administrative services, public administrative units shall charge services at the stipulated prices.

- Public administrative service fees

Public administrative services specified in the list of fees to be collected shall comply with law regulations on fees and charges. Public administrative units shall be entitled to collect fees according to the fee levels stipulated by competent authorities.

2. Regulations on public administrative services not funded by state budget in Vietnam

Regulations on public administrative services not funded by state budget in Vietnam according to Article 6 of Decree 60/2021/ND-CP are as follows:

- Public administrative services not funded by state budget include:

= Services which are not included in the list of public administrative services funded by state budget specified in Article 4 of Decree 60/2021/ND-CP;

= Services provided by public administrative units from their business, joint-venture, cooperation and association activities which are conformable with their specialized fields in order to meet social needs in accordance with relevant laws.

- Public administrative units are given autonomy to use their assets and resources for providing public administrative services not funded by state budget which are conformable with their specialized fields as designated by competent authorities according to the following rules:

= They must comply with regulations of law;

= They are allowed to decide service prices which must be enough for covering expenses and ensuring reasonable accumulated amounts; In case the services provided are included in the list of goods and services whose prices are set by the Government, such services shall be charged at specific prices or within the price bracket stipulated by competent authorities.

- Public administrative units are given autonomy to decide expenses incurred from their provision of public administrative services which must be reasonable and lawful, and included in their regulations on internal expenses; shall organize accounting works in accordance with regulations of Law on accounting; open accounting books, use and manage documents/records, do bookkeeping works and monitor to ensure adequate and accurate recording of revenues and allocation of funding for covering all reasonable expenses associated with each activity; carry out registration, declare and pay all taxes and other payables to state budget (if any) in accordance with regulations of law; adequately and periodically carry out internal audits; accurately and punctually submit financial statements to their superior agencies and relevant agencies as prescribed. Heads of public administrative units shall assume responsibility for efficient management and use of public assets and land allocated by the Government, and their financial sources as prescribed by law.

- In case the sum of revenues earned from the provision of public administrative services not funded by state budget is smaller than expenses incurred, the public administrative unit shall use its lawful funding sources for covering the deficit, and no funding from state budget shall be provided.

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