Thông tư 28/2021/TT-BGTVT sửa đổi Thông tư 35/2016/TT-BGTVT quy định mức giá tối đa sử dụng đường bộ để kinh doanh

CIRCULAR

Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 35/2016/TT-BGTVT dated November 15, 2016 prescribing the ceiling road use service price levels to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport

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Pursuant to the Law No. 23/2008/QH12 dated November 13, 2008 on Road Traffic;

Pursuant to the Law No. 11/2012/QH13 dated June 20, 2012 on Price;

Pursuant to the Law No. 64/2020/QH14 dated June 18, 2020 on Investment in the Form of Public-Private Partnership;

Pursuant to the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013 on detailing and guiding the implementation of a number of articles of the Law on Price;

Pursuant to the Government’s Decree No. 149/2016/ND-CP dated November 11, 2016 on amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013 on detailing and guiding the implementation of a number of articles of the Law on Price;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Finance and the Director General of the Directorate for Roads of Vietnam;

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of the Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport, prescribing the ceiling road use service price levels to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport.

Article 1. Amendment and supplement of a number of articles of the Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport, prescribing the ceiling road use service price levels to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport

1. Amend and supplement Clause 1, Article 1 as follows:

“1. This Circular stipulates the applied ceiling price levels upon collection of road use service charges for investment projects on road construction, including national highways, expressways and road tunnels for commercial operation under management by the Ministry of Transport; cases of exemption from collection of road use service charges, reduction of road use service charges (if any) for investment projects on road construction for commercial operation”.

2. Amend and supplement Point b, Clause 2, Article 1 as follows:

“b. Investors and project enterprises involved in projects on construction of roads for commercial operation, service providers collecting road use service charges”.

3. Amend and supplement Clause 3, Article 2 as follows:

“3. Road use service toll gate (hereinafter referred to as toll gate) means places where road use service charges are collected for road vehicles”.

4. Amend and supplement Clause 7, Article 2 as follows:

“7. Road use service charge-collecting unit (hereinafter referred to as the collecting unit) means an investor, a project enterprise or unit authorized by or assigned by or signed contract with the investor or the project enterprise for road use service charge collection”.

5. Amend and supplement Article 3 as follows:

“Article 3. Vehicles and vehicle owners liable to road use service charges

1. Road vehicles liable to road use service charges include:

a) Group 1 includes the following vehicle types: Under-12-seat vehicles, trucks with the loading capacity of under 2 tons; mass transit buses;

b) Group 2 includes the following vehicle types: Vehicles with between 12 seats and 30 seats; trucks with the loading capacity of between 2 tons and under 4 tons;

c) Group 3 includes the following vehicle types: Vehicles with 31 or more seats; trucks with the loading capacity of between 4 tons and under 10 tons;

d) Group 4 includes the following vehicle types: Trucks with the loading capacity of between 10 tons and under 18 tons; 20-feet container trucks;

e) Group 5 includes the following vehicle types: Trucks with the loading capacity of over 18 tons; 40-feet container trucks.

2. Owners of vehicles liable to road use service prices specified in Clause 1 of this Article shall pay road use service charges, except those specified in Article 4 of this Circular.”

6. Amend and supplement the title of Article 4 as follows:

"Article 4. Vehicles eligible for road use service charge collection exemption

7. Amend and supplement Clause 9, Article 4 as follows:

“9. Cars of the public security and national defense forces using the national toll tickets specified in Clause 3, Article 8 of this Circular”.

8. Amend and supplement Article 5 as follows:

“Article 5. Conditions for collection of road service charges

1. Complete construction of road works in accordance with the project contract signed between the competent state agency and the investor, the project enterprise or complete construction of road works under the project approved by a competent authority.

2. The road use service charge-collecting unit has fully prepared all kinds of tickets and completed the regulations on the construction, organization and operation of the toll gates as prescribed.”

9. Amend and supplement Clause 1, Article 6 as follows:

“1. The ceiling price level for one time of road use is the ceiling price level prescribed for each of the vehicle groups specified in Clause 1, Article 3 of this Circular (such price is inclusive of value-added tax).

a) The ceiling road use service price level per passing vehicle is provided in Appendix I to this Circular;

b) The ceiling road use service price level per distance is provided in Appendix II to this Circular;

c) The ceiling road tunnel use service price level per passing vehicle is provided in Appendix III to this Circular.”

10. Amend and supplement Clause 4, Article 6 as follows:

“4. When factors constituting the domestic price change, thereby affecting a project’s financial plan, the Ministry of Transport shall consider and adjust the maximum price in accordance with the law on price. The starting price during the formulation of investment projects in the form of private public partnerships must not exceed the ceiling price level specified in this Circular.”.

11. Amend and supplement Article 7 as follows:

“Article 7. Specific road use service prices

1. The specific road use service price for each project, applied to each vehicle type, shall be agreed upon by the competent state agency and an investor or a project enterprise under the project contract, provided that, upon collection, such price does not exceed the ceiling price level specified in Article 6 of this Circular.

2. For toll gates applying vehicle-passing-based collection, under the socio-economic situation in each period of the locality where such toll gates are located, the parties to the BOT contract shall agree on specific road use service price lower than the price in Clause 1 of this Article (if any) on the principle of ensuring the project's financial plan feasibility, ensuring the harmony between the interests of the State, the investor and the user and in accordance with regulations under the law.”

12. Amend and supplement Article 8 as follows:

“Article 8. Regulations on road use service tickets

1. Road use service tickets used for road vehicles passing toll gates include: one-pass tickets, monthly tickets and quarterly tickets.

a) One-pass ticket is issued with a price to be collected for one time of road use by a passing vehicle;

b) Monthly ticket is issued within 30 days from the date of such ticket becomes valid for use with the par value according to the prescribed monthly collection rates for each passing vehicle. The par value of monthly ticket is 30 (thirty) times as much as that of one-pass ticket. Monthly ticket is used to collect road use service charges from road vehicles passing a toll gate during a given period of time, counting from the date the ticket becomes valid for use to the date of expiration of its validity as stated in the ticket;

b) Quarterly ticket is issued within 90 days from the date of such ticket becomes valid for use with the par value according to the prescribed quarterly collection rates for each passing vehicle. Par value of quarterly ticket is 3 (three) times as much as that of monthly ticket and entitled to a discount of 10%. Quarterly ticket is used to collect road use service charges from road vehicles passing a toll gate during a given period of time, counting from the date the quarterly ticket becomes valid for use to the date of expiration of its validity as stated in the ticket.

2. For non-stop electronic toll collection, road use service tickets are issued in the form of electronic vouchers.

3. Road use charges for national toll tickets applied exclusively to cars of the public security and national defense forces shall comply with regulations of the Ministry of Finance.

a) The national toll ticket applies to vehicles with red license plates under the Ministry of National Defence, not to other vehicles with other license plates (including vehicles without red license plates under the Ministry of National Defence). The national toll tickets applicable to defense force vehicles include the following information: Issuing agency (Directorate for Roads of Vietnam); vehicle type (including 02 types: tickets used for military cars and tickets used for military trucks); ticket size of 12 cm (length) x 8 cm (width); white letters and numbers on red ticket background; license plate;

b) The national toll tickets applicable to vehicles of the Ministry of Public Security includes the following information: Issuing agency (Directorate for Roads of Vietnam); vehicle type (including 02 types: cars with less than 7 seats and cars with 7 seats or more, passenger cars, trucks, special-use cars); ticket size of 12 cm (length) x 8 cm (width); black letters and numbers on yellow ticket background with red line along the ticket at 1/3 of the ticket from left to right; license plate.

13. Amend and supplement Article 9 as follows:

“Article 9. Management of road use tickets

1. The printing, distribution, management and use of tickets and ticket refund (if any) must comply with the law on management of goods sale and service provision invoices.

2. Toll tickets are both passing-vehicle control documents and payment documents in accordance with the law on management of goods sale and service provision invoices. Manual toll tickets issued to any toll gate are only valid for use at such toll gate. Non-stop electronic toll tickets shall comply with regulations on non-stop electronic toll collection.

3. Toll tickets are sold to vehicles correspond to the par value stated on the ticket. Monthly and quarterly ticket musts clearly show the expiry date and vehicle’s license plate. Monthly and quarterly tickets must be used at the right toll gates and within the time limit indicated on the ticket. In case the vehicle has changed its license plate and has adjusted information at the collecting unit, it is allowed to continue using its monthly and quarterly tickets until the expiration of the time limit. Upon purchase of monthly or quarterly ticket for the first time or upon change in the certificate of inspection of technical safety and environmental protection issued by the registry, the buyer must produce the certificate of inspection of technical safety and environmental protection issued by the registry (original or certified copy) to buy tickets at the rate under the vehicle’s type and the “loading capacity”.

4. In case the toll gate stops or suspends collection for indefinite term, the collecting unit shall refund the purchase price of monthly and quarterly tickets to vehicle owners. The refund amount is equal to the collection rate divided by 30 days (for monthly tickets) or divided by 90 days (for quarterly tickets) multiplied by the number of valid days of the ticket from the date of stopping or suspending collection for indefinite term.

5. In case of disaster, epidemic, natural disaster or other force majeure, the toll gates must suspend collection for definite time at the request of the competent authority, the collecting unit shall extend the validity period of monthly and quarterly tickets provided that the number of days of extension equals the number of days of collection suspension.

6. National toll tickets are issued as follows:

a) Before October 15 every year, the Ministry of National Defence and the Ministry of Public Security shall make an estimate of the number and types of national toll tickets with specific classification of vehicles to be used and send them to the Directorate for Roads of Vietnam;

b) The Directorate for Roads of Vietnam shall print and issue national toll tickets in December every year. The validity period of the national toll tickets is from January 01 to December 31 of each year;

c) After December 15 of each year, the ticket requester shall bring referral from the Ministry of National Defence or the Ministry of Public Security, clearly stating: Full name and position of the ticket requester; quantity and type of tickets to be issued together with the identity card/citizen identification card to the Directorate for Roads of Vietnam for issuance of tickets. The Directorate for Roads of Vietnam shall provide the requester with the quantity and type of national toll tickets upon request. The ticket-issued agency shall manage and use the national toll ticket in accordance with the provisions of law.”.

14. Amend and supplement Article 10 as follows:

"Article 10. Responsibilities for implementation organization

1. The Directorate for Roads of Vietnam is responsible for inspecting and supervising the collection of road use service charges by investors, project enterprises and collecting units and reporting to the Ministry of Transport in accordance with regulations.

2. Investors, project enterprises and collecting units shall:

a) Make public announcements and post up information on prices and vehicles exempted from collection of road use service charges at toll gates according to regulations; change the monthly and quarterly tickets to use automatic non-stop toll collection for toll gates that have applied automatic non-stop toll collection;

b) Organize the collection, declaration, remittance, management and use of money amounts collected from the sale of tickets in accordance with law;

c) Comply with the regulations on inspection and examination in accordance with the law on price management, road traffic and relevant regulations.

d) Perform the road use service charge collection service supply contract according to the provisions of law;

dd) Provide user manual, terminal card warranty; open and manage accounts for collection of road user charges and prepaid accounts in accordance with law; store vehicle owner account information; provide information on balance and transaction history in accordance with regulations on collection of road use service charges or at the request of the account holder;

e) Provide invoices to road service users according to the regulations on invoices; make public announcements and post up information on prices and vehicles exempted from collection of road service charges at ticket-selling places according to regulations; issue receipts for collection of road use service charges to vehicle owners as authorized by the investor or project enterprise;

g) Organize ticket-selling places convenient for vehicle owners, thus preventing traffic congestion; promptly and fully sell tickets of all types to those wishing to use road services; refund and renew tickets according to the provisions of Clauses 4 and 5, Article 9 of this Circular.”.

15. Add Appendix III that is Appendix III issued together with this Circular.

Article 2. Annulment and replacement of a number of clauses, articles and appendices of the Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport, prescribing the ceiling road use service price levels to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport:

1. Annul Clauses 1 and 2, Article 11;

2. Replace Appendices I and II with Appendices I and II of this Circular.

Article 3. Transitional provisions

1. For vehicles that have purchased monthly and quarterly tickets before the effective date of this Circular, and have change in vehicle groups, the investor, project enterprise, and the collection unit shall adjust the charge rates according to vehicle groups in accordance with this Circular. The adjusted charge rates are determined by the specific price specified in the project contract for the vehicle groups specified in this Circular divided by 30 days (for monthly tickets) or divided by 90 days (for quarterly tickets) multiplied by the number of valid days of the ticket from the effective date of this Circular.

2. National toll tickets issued in accordance with the provisions of the Circular No. 70/2021/TT-BTC dated August 12, 2021 of the Minister of Finance stipulating rates, collection, remittance, exemption, management and use of the road user charges shall continue to be used until the end of December 31, 2022.

Article 4. Effect

1. This Circular takes effect from January 15, 2022.

2. The Circular No. 60/2018/TT-BGTVT dated December 21, 2018 of the Minister of Transport amending and supplementing a number of articles of the Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport, prescribing the ceiling road use service price levels to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport ceases to be effective from the effective date of this Circular.

Article 5. Implementation organization

The Chief of the Ministry Office, the Chief Ministry Inspectorate, the Directors of the Departments, the Director General of the Directorate for Roads of Vietnam, the heads of the relevant agencies, organizations and individuals are responsible for the implementation of this Circular./.

* All Appendices are not translated herein.