Thông tư liên tịch 129/2010/TTLT-BTC-BGTVT của Bộ Tài chính và Bộ Giao thông Vận tải hướng dẫn thực hiện giá cước vận tải đường bộ và giá dịch vụ hỗ trợ vận tải đường bộ

JOIN CIRCULAR

GUIDING IMPLEMENTATION OF ROAD TRANSPORT FREIGHT RATES AND ROAD TRANSPORT SUPPORT SERVICE CHARGE RATES

Pursuant to the Decree No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business and transport business condition by car;

Pursuant to the Decree 75/2008/ND-CP dated June 9, 2008 of the Government amending and supplementing a number of articles of Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of a number of articles of the Prices Ordinance;

Pursuant to the Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Decree 51/2008/ND-CP dated April 22, 2008 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Transport;

The Ministry of Finance - Ministry of Transport, guiding the implementation of road transport rate and price of road transport support service as follows:

Chapter 1.

GENERAL PROVISION

Article 1. Adjusting Scope

This Joint Circular guides the declaration of rate, automobile transport rate posted; price of road transport support service, powers and responsibilities of agencies and units in the management and implementation of road transport tariffs and price of road transport support service.

Article 2. Applicable entities

1. State management agency under authority, organizations involved in management for business operation of transport by car, business operation of road transport support service.

2. Enterprises, cooperatives and business households participating in the business of transport by car (hereafter referred to as the transport business units) and business of road transport support services (hereinafter referred is a service business unit) on the territory of Vietnam.

Chapter 2.

SPECIFIC PROVISION

SECTION 1: DECLARING OF FREIGHT RATES AND LISTING THE FREIGHT RATES OF AUTOMOBILE TRANSPORT

Article 3. Declaration of automobile transport freight rate

1. Declaration of automobile transport freight rate (including the first declaration and re-declaration) is work that the transport business unit to make openly Declaration of automobile transport freight rate that unit provides for under each type modes of transport with competent state agencies to receive declarations as prescribed  in Article 10 of this Circular. Transport business unit has headquartered (or branch offices) locating in any locality shall declare rate to competent agency to receive declarations in that locality.

Form of declaration made in accordance with Appendix 2 of this Circular. In case where the transport unit has issued its specific tariff shall attach tariff above said with form declaration.

2. List of transport business service for declaration:

- Passenger transportation business by car along fixed routes;

- Passenger transportation by bus;

- Passenger transportation by taxi;

- Passenger transportation business under the contract;

 Tourist transportation by car;

- Goods transport by car;

3. Object for rate declaration:

Transport business unit by car under the list as prescribed in paragraph 2 of this Article must declare the rate. The Department of Transportation shall announce specific list in line with each period.

4. Time for declaration of freight rate:

Time for declaration of freight rate at least 03 (three) days before the transport business units provide services under the new price.

a) The first declaration of freight rate made when the transport business unit begin the business of transportation by car or firstly declare the freight rate under the provisions of this Circular.

b) The re-declaration of freight rate made when the transport business unit increase or decrease freight rates compared to rates of preceding declaration.

5. Form of freight rate declaration:

Transport business unit send a written freight rate declaration to agency receiving rate declaration.

a) For rate regulated by transport business unit: the unit declare freight rate regulated by unit under the principles and methods of calculation prescribed by the State or appropriate guidelines for quality of service, conditions applied to freight rate (or freight rate that transport business unit has agreed with customers).

b) The declared freight rate is inclusive of value added tax (except for passenger transportation by bus).

6. Contents of freight rate declaration:

a) Passenger transportation by car with fixed routes: to declare freight rate on fixed route of the unit (VND /per passenger); Goods transportation freight rate by bus (VND per kg).

b) Passenger transportation by bus: To declare freight rate (VND / passenger), to declare freight rate of monthly ticket applies to objects (VND/ticket/month) on the transport routes by bus of unit.

c) Passenger transportation by taxi: the declaration in the form of unit’s freight rate. Specifically: the first kilometer rate, declaration of each kilometer distance or subsequent kilometer; rate under the voyage; waiting time rate...

d) Passenger transportation under the contract and transportation tourists by car: the declaration in the form of unit’s rate. Specifically: the daily rate (VND/day) and the rolling kilometers rate (VND / km); waiting time rate (if any). In case where the package under a service contract shall declare the prices of services by date, trip…

e) Goods transport by car: the declaration in the form of unit’s freight rate. Specifically: Declaring average freight rate (VND/T.km), container transport freight rate (VND/ Cont 20’. Km/40 . Km); or freight rate on a number of unit’s major transportation routes under type of goods and transport distance (VND per ton), container transport freight rate (VND / Cont 20 / 40 ).

Article 4. Listing the freight rateof automobile transport

1. Listing automobile transport freight rate is work which transport business units put up openly automobile transport freight rate provided by their units to customers.

2. Objects to be listed rate:

All transport business units by car have to make the listing freight rate

In case where the transport business unit signs a commission contract with depot business service unit (or other ticket agent) selling passenger transport for its unit, the depot business service unit (or other ticket agent) must make listing rate.

3. Mode for listing transport freight rate: public announcement (on the board, on paper or by other means such as set, put, hang or stick) in areas selling ticket, transaction offices, outside or inside of car to be convenient for observation of the customer. Encourage units to publicize the transport freight rate on the public communication facility.

4. Form of mandatory listing rate:

In the form of listing rate regulated in paragraph 3 of this Article, Passenger transportation Business Unit along fixed routes, passenger transportation by taxi, passenger transportation by bus is required to implement form of listing as follows: 

a) For passenger transportation along fixed routes: To list at ticket office, on the outside of the vehicle which is left side nearby the front door and inside where passengers are easy to observe

b) For passenger transport by bus: To list on the outside where is the left side nearby the front door and inside where passengers are easy to observe.

c) For passenger transport by taxi: To list on the outside of door and inside where is below the position of Kilometer-meter.

d) Form of information required for listing rate specified in Appendix 3 enclosed herewith.

5. Freight rates listed:

a) For freight rates specified by transport business unit:

The units under objects to be declared freight rate shall list freight rate as declared, particularly for passenger transport freight rate along fixed routes and passenger transport freight rate by bus, their freight rates listed are declared freight rate and registration of ticket circulation.

- The units are not subject for declaration of freight rate shall list rate specified by units.

- The transport business units are not allowed to collect freight rate higher than listed.

For automobile transport rate prescribed by State, transport business unit must list rate in accordance with freight rate decided by competent State agency and must collect rate in accordance with rate listed.

Section 2. CHARGE RATES OF ROAD TRANSPORT SUPPORT SERVICE

Article 5. List of road transport support service

1. Road transport support services include: transport service at depot, parking area, rest stop, transport agent, ticket agent, goods collection service, transport service, warehousing service, road transport rescue service.

2. Specific provisions of support services complied with the guidance of the Minister of Transport.

Article 6. Services at depot

1. Services at depot include:

a) Service for car coming in, out at depot

b) Rental parking for car overnight;

c) Rental business premises at depot;

d) Other services at depot.

2. Service price for car come in and out:

a) The Authority shall provide for service rate for car come in and out at depot:

People s Committee in provinces and cities directly under central Government (hereinafter referred to as provincial People s Committee) based on the type depot to prescribe the price range or specific rate for service for cars come in and out in area.

b) The unit to cost is the service rate is VND / trip-car or VND /month -car. The service rate differentiated according to the design of car seats, in the form of business (fixed vehicle routes that counts the distance of transportation routes, bus, passenger transit vehicle and goods transit vehicles, taxi come in and out depot to pick up or drop passengers or load or unload goods).

c) The principles and basis for determining service rate: To comply with Regulation on rate valuation of goods and services issued by the Ministry of Finance.

d) The order of procedures to make a rate plan, assessment and issue of service rate for car come in and out at depot:

Provincial People s Committee assign the Department of Finance or the Department of Transport as lead agency to submit to the provincial People s Committee decision of service rate for car come in and out at depot on the basis of the pricing schemes set up by the enterprises, cooperatives that develop depot in the standard form prescribed in Appendix 1 of this Circular.

The time limit for verification of pricing schemes and time limit for decision of rate shall be made under the provisions of paragraph 2 Article 10 of the Decree No. 170/2003/ND-CP of December 25, 2003 of the Government detailing the implementation of a number of Articles of Prices Ordinance.

3. Service rate at depot (except to service for car come in and out at depot, and other services regulated by the Ordinance on Charges and Fees):

a) Service business unit providing for service rate must ensure principles actual cost compensation to be reasonable and consistent with local market, concurrently implement the listing service rate as prescribed in Article 9 of this Circular.

b) Enterprises, cooperatives developing depot must declare service rate for services of rental business premises in the depot. The order, procedures of declaring rate comply with provisions in Article 8 of this Circular.

c) Base on local practice, in case it is necessary, the provincial People s Committees shall prescribe on supplementing the specific list of services at depot into the list of services which is required declaration of rate at localities.

Article 7. Charge rate of road transport support services(except to service at automobile depot specified in Article 6 of this Circular and other services under the adjusting scope of the Ordinance on Charges and Fees)

1. Services business unit providing for service charge rate must ensure principles actual cost compensation to be reasonable and consistent with local market, concurrently implement the listing service charge rate as prescribed in Article 9 of this Circular.

2. Base on local practice, in case it is necessary, the provincial People s Committees shall prescribe on supplementing the specific list of services at depot into the list of services which is required declaration of charge rate at localities. The order, procedures of declaring charge rate comply with provisions in Article 8 of this Circular

3. For ticket agent service: Enterprises, business cooperatives developing depot  when implementing service of selling tickets for the transportation business units are got commission for selling tickets in accordance with the quantity of tickets consistent with the provisions of law.

Article 8. The order of procedure for declaration of road transport support service charge rate

1. Service business unit set up rate declaration form of services under subject to be declared to send the agency receiving charge rate declaration provided for in Article 10 of this Circular. Charge rate declaration form made in accordance with Appendix 2 of this Circular.

2. Time for charge rate declaration:

Time for declaration of service charge rate at least 03 (three) days before service business unit provide services with the new price.

a) The first charge rate declaration is made when the service business unit begin business or start to declare rate in the first time in accordance with this Circular.

b) Re-declaration of service charge rate is made when services business unit increase or decrease charge rate comparing to the preceding declaration.

Article 9. Listing service charge rate of road transport support services

1. Subjects of the listing charge rate of road transport support services:

All service business units must perform listing road transport service provided by these units to with customers

2. The mode of listing service charge rate:

Service business unit implement the listing road transport service charge rate announce openly (on the board, on paper or by other means such as set, put, hang or stick) in areas selling ticket, transaction offices, outside or inside of car to be convenient for observation of the customer. Encourage units to publicize the transport charge rate on the public communication facility.

Chapter 3.

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTING PROVISIONS

Article 10. Receiving and processing forms for declaration

1. Department of Finance is the lead agency, the Department of Transportation, Department of Taxation is the coordinating agency, each agency shall receive a (one) copy of Form of rate declaration of declaring unit.

2. Upon receiving the form of rate declaration, the agency receiving declaration will not approve rate declared of unit, just write the date, month, year of receipt of documents and stamp on form of rate declaration under the administrative procedures. While implementing the review of rates declared, if finding out form of rate declaration is incomplete as prescribed, or the contents are unclear, or to declared rates unreasonable, the lead receiving agency shall notify clearly on contents in writing and request declaring to explain or re-declare.

Article 11. Powers and responsibilities of agencies, units

1. Department of Finance:

a) To implement and take responsibility for the management of road transport rates and road transport support service rate assigned by the provincial People s Committee.

b) To preside over and coordinate with the Department of Transportation and Local Tax Bureau to receive form of rate declaration, review and make comment in writing in case of where units are required to complete the form of rate declaration or re-declare under the provisions of this Circular.

c) To preside over and coordinate with the Department of Transportation and Local Tax Bureau to guide and supervise the implementation of road transport rate, rate of road transport support services under the provisions of this Circular and other provisions of law involved.

d) Every year in January or unexpected cases when there are changes of transport rate and rate of road transport support services in locatives or at the request of competent State agency: To synthesize declared rate of the units under local management and then to report provincial People s Committee, Ministry of Finance and Ministry of Transport.

2. Department of Transportation:

a) To implement and take responsibility for the management of road transport rate and rate of road transport support service assigned by the provincial People s Committee.

b) To coordinate with the local business registration agencies to update list of services business units, the transport business units registered whose head offices (or branch offices) locate in localities; to notify and send to the Department of Finance, Tax Bureau and relevant units the specific list of services business unit, the transport business locating in local areas under subject to make rates declaration appropriate to each period.

c) Coordinate with the Department of Finance and Local Tax Bureau to guide and supervise the observance of the provisions of this Circular.

3. Local Tax Bureau:

Coordinate with Finance Department and Transport Department to guide and supervise the observance of the provisions of this Circular and other provisions of law involved.

4. Vietnam Automobile Transportation Association:

a) To disseminate to the automotive transport business unit regulations on declaration of rates and listing rates in this Circular

b) To timely collect problems arising in the implementation of regulations on road transport rates and rate of road transport support services of automotive transportation business unit to propose to the competent State agencies for consideration and settlement.

5. Transportation business unit, services business unit:

a) To observe the regulations on road transport rate and rate of road transport support services of this Circular, the provisions of the law on price management and other provisions of the relevant law.

b) To take responsibility to declare transport rates, their services rate in accordance with this Circular.

c) To provide transportation services, transportation assistance under the declared price as prescribed by law, must announce openly price information and take responsibility before law for the accuracy and appropriation for the declared price.

d) Be responsible for explanation or re-declaration if the lead agency receiving the Form of rate declaration detect declared rates are not reasonable and have a written notice to require unit declaring rates to explain or re-declare as prescribed in paragraph 2 Article 10 of this Circular.

e) Provide all documents and information related to the declared rated and listed and the actual rate to competent agency for the inspection and examination.

Article 12. Check the implementation of rate declaration, listing road transport freight rate and road transport support services charge rate.

1. The inspection of observance of regulations on the implementing rate declaration, listing road transport freight rate and road transport support services charge rate is made under the provisions of this Circular and the provisions of relevant issued law.

2. The units do not comply with the rate declaration, listing rate, or violate regulations on the price schemes and rate declaration, listing rate, depending on the nature and seriousness of the violation will be sanctioned administration or prosecuted criminal liability, if causing damage, shall pay compensation as prescribed by law.

3. The specific sanctioning competence, order and procedures of sanction will be complied with provisions of law on handling of administrative violations.

Article 13. Organization of implementation

1. This Circular takes effect after 45 days from the date of registration, to abolish point 2, 3, 4 and 5 of Section II of the Joint Circular No. 86/2007/TTLT/BTC-BGTVT 18/7/2007 dated July 18th, 2007 of federal Ministry: Finance - Transport Guidelines for sample of bus tickets; declaration of rate, listing rate and the inspection of implementing automobile transport rate. Other contents of the Joint Circular No. 86/2007/TTLT/BTC-BGTVT dated July 18th, 2007 not be modified and supplemented in this Circular shall still be effective.

2. The General Department of Vietnam Road (Ministry of Transport), Price Control Department (Ministry of Finance) within their functions and duties to direct, guide and coordinate for inspection of the implementing provisions in this Circular and the relevant law.

3. In the course of implementation if any problem arises, please inform to the Ministry of Finance and the Ministry of Transportation for study and settlement. /.