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MINISTRY OF
TRANSPORT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
32/2024/TT-BGTVT
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Hanoi, November
13, 2024
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CIRCULAR
ON
THE MANAGEMENT OF ROAD USAGE PRICES FOR ROAD CONSTRUCTION PROJECTS FOR BUSINESS
PURPOSES UNDER CENTRAL MANAGEMENT
Pursuant to the Law on Prices dated June 19,
2023;
Pursuant to the Law on Roads dated June 27,
2024;
Pursuant to Decree No. 85/2024/ND-CP dated July
10, 2024 of the Government on elaboration of the Law on Pricing;
Pursuant to Decree No. 56/2022/ND-CP dated
August 24, 2022 of the Government defining the functions, tasks, powers, and
organizational structure of the Ministry of Transport;
At the proposal of the Director of the
Department of Finance and the Director of the Vietnam Road Administration;
The Minister of Transport hereby issues a
Circular on the management of road usage prices for road construction projects
for business purposes under central management.
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GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular provides regulations on price
management, exemptions, and reductions for road usage prices in road
construction projects (excluding expressway toll services) for business
purposes under central management.
2. This Circular applies to organizations and
individuals involved in the business, utilization, and price management of road
usage prices for road construction projects (excluding expressway toll services)
for business purposes under central management.
Article 2. Entities and vehicle owners liable
for road usage prices
1. Entities liable for road usage prices include
road vehicles traveling through toll plazas of road construction projects for
business purposes under central management (hereinafter referred to as
"vehicles").
2. Organizations or individuals owning, using, or
managing vehicles (hereinafter referred to as "vehicle owners") that
fall under the entities liable for road usage prices as specified in Clause 1
of this Article must pay road usage prices, except for cases exempted under
Article 3 of this Circular.
Article 3. Exemptions from road usage prices
1. Ambulances.
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3. Agricultural and forestry machinery, including
tractors, plows, tillers, weeders, and rice threshers.
4. Special-purpose vehicles for national defense,
including vehicles with the following characteristics: Red license plates with
embossed white letters and numbers, equipped with specialized national defense
devices (such as tank trucks, cranes, troop transport vehicles defined as
passenger vehicles with 12 seats or more, covered trucks equipped with seating
in the cargo area, command vehicles, military inspection vehicles, prisoner
transport vehicles, rescue vehicles, satellite communication vehicles, and other
specialized vehicles for national defense); vehicles engaged in urgent
missions, using one of the priority signals specified by law.
5. Special-purpose vehicles operated by units
within the organizational system of the People’s Police, including:
a) Traffic patrol cars of the Traffic Police
featuring a rotating beacon light on the roof and the words “CANH SAT
GIAO THONG” (TRAFFIC POLICE) printed on both sides of the vehicle;
b) Police cars of Unit 113 with the words “CANH SAT
113” (POLICE 113) printed on both sides of the vehicle;
c) Riot police vehicles with the words “CANH SAT CO
DONG” (RIOT POLICE) printed on both sides of the vehicle;
d) Transport vehicles equipped with seating in the
cargo area used by the People’s Police on duty;
dd) Vehicles for transporting prisoners, rescue
vehicles, and other specialized vehicles used by the People’s Police;
e) Special-purpose vehicles (e.g., satellite
communication vehicles, bulletproof vehicles, counter-terrorism and riot
control vehicles, and other specialized vehicles used by the People’s Police);
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6. Special-purpose funeral service vehicles,
including:
a) Vehicles specifically designed for funeral
services (e.g., hearses and refrigerated trucks for storing and transporting
bodies);
b) Funeral service vehicles (e.g., passenger
vehicles accompanying hearses, flower transport vehicles, and photo transport
vehicles) used exclusively for funeral services with vehicle registration
certificates issued under the name of funeral service providers. Funeral
service providers must submit a written commitment to the e-toll payment
provider confirming that these vehicles are used exclusively for funeral
activities, specifying the number and license plates of the vehicles.
7. Vehicle convoys escorted by Traffic Police
vehicles.
8. Defense force vehicles participating in drills,
troop movements, or transportation of weapons and equipment, escorted by
military-specialized vehicles.
9. Police and defense force vehicles using
nationwide road toll tickets as prescribed.
10. Flood control vehicles or vehicles on urgent
missions for flood and storm prevention as mobilized by a competent authority.
11. Vehicles transporting medicines, machinery,
equipment, materials, or goods to disaster-stricken areas or regions affected
by epidemics in accordance with the laws on emergencies during major disasters
or dangerous epidemics.
12. Motorcycles, mopeds, and rudimentary vehicles.
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MANAGEMENT OF PRICES AND ROAD USAGE TICKETS
Article 4. Pricing of road usage services
1. The maximum road usage prices are determined
based on principles and grounds specified in Article 22 of the Law on Prices.
2. The Vietnam Road Administration decides on the
pricing method in accordance with legal regulations on pricing.
3. When the components affecting the maximum road
usage prices change, the Vietnam Road Administration organizes the selection of
road construction project enterprises (project enterprises) to develop pricing
plans.
4. Selected project enterprises are responsible for
preparing pricing plans in compliance with legal regulations on pricing. They
must report, explain the pricing plans, and provide necessary documents and
dossiers upon request by the Vietnam Road Administration. These enterprises are
accountable for the accuracy of their pricing plans.
5. The Vietnam Road Administration is responsible
for appraising the pricing plans and submitting them to the Ministry of
Transport for the issuance of documents specifying the maximum road usage
prices.
6. The preparation, appraisal of pricing dossiers,
issuance of pricing documents, or adjustment of prices must comply with legal
regulations on pricing.
Article 5. Maximum road usage prices
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Article 6. Principles for determining specific
prices, discounts, and eligible beneficiaries for road usage services
1. The specific price for a single vehicle trip
using road usage services (hereinafter referred to as the single trip fee)
shall not exceed the maximum price for each type of vehicle as stipulated in
the Decision on maximum road usage prices issued by the Minister of Transport.
2. The monthly price refers to the toll rate
applicable for a vehicle using the road services at a toll plaza for a period
of 30 days. The monthly price is calculated as 30 (thirty) times the
single-trip price specified in Clause 1 of this Article.
3. The quarterly price refers to the toll rate
applicable for a vehicle using the road services at a toll plaza for a period
of 90 days. The quarterly price is calculated as three (3) times the monthly
price, with a 10% discount.
4. The single-trip price, monthly price, and
quarterly price for road usage service under each project, categorized by
vehicle type, must be agreed upon by the competent authority and the
Investor/Project Enterprise within the framework of the project agreement.
5. Based on the socio-economic conditions of the
locality where the toll plaza is located, the parties signing the project
agreement shall agree on specific discounts and eligible beneficiaries for road
usage services. These agreements must ensure the financial feasibility of the
project, balance the interests of the State, the Investor, and road users, and
comply with applicable legal provisions.
Article 7. Management of road use tickets
1. The printing, issuance, management, usage, and
refunding (if applicable) of road use tickets shall comply with the legal
regulations on the management of invoices for goods sales and service
provision.
2. A road use ticket serves both as a control
document for vehicles passing through toll plazas and as a payment receipt, as
prescribed by laws on invoice management for goods sales and service provision.
A one-stop road use ticket issued for a specific toll plaza is valid only at
that toll plaza. Electronic non-stop road use tickets are managed in accordance
with the regulations on electronic non-stop toll collection.
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4. If a toll plaza ceases or temporarily suspends
toll collection indefinitely, the toll collection unit must refund the unused
portion of the monthly or quarterly ticket to the vehicle owner. The refunded
amount is calculated by dividing the ticket price by 30 days (for monthly
tickets) or 90 days (for quarterly tickets) and multiplying by the number of
remaining valid days from the date toll collection ceases or is suspended.
5. In cases of disasters, epidemics, natural
disasters, or other force majeure events that require toll plazas to
temporarily suspend toll collection as directed by the competent authority, the
toll collection unit must extend the validity period of monthly or quarterly
tickets. The extension is calculated by adding the number of suspended days to
the validity period, provided it does not exceed the remaining valid days of
the ticket from the suspension start date.
Article 8. Price declaration
1. The Vietnam Road Administration is responsible
for receiving price declaration documents and organizing the updating of
declared price information into the National Price Database for road use
service providers.
2. The procedures for price declaration submission
and acceptance shall comply with the provisions of laws on pricing.
Article 9. Price posting
Investors and project enterprises must publicly
post the road usage prices in accordance with Article 29 of the Law on Pricing.
Article 10. Disclosure of price information
Price information disclosure shall comply with
Article 6 of the Law on Pricing.
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IMPLEMENTATION
Article 11. Responsibilities for implementation
1. Responsibilities of the Vietnam Road
Administration:
a) Organize and implement the regulations on price
management as stipulated in this Circular;
b) Inspect and supervise the compliance with price
management regulations by investors, project enterprises, and toll collection
service providers.
2. Responsibilities of organizations and
individuals engaged in road use service business:
a) Develop pricing plans and take responsibility
for such plans in accordance with this Circular;
b) Declare, disclose, and post information on
pricing levels and exemptions for road usage prices at toll plazas, as required
by pricing laws;
c) Organize convenient ticket sales points for
vehicle owners to avoid traffic congestion;
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Article 12. Entry into force
1. This Circular comes into force as of January 1,
2025.
2. Annul Circular No. 35/2016/TT-BGTVT dated November
15, 2016 of the Minister of Transport on maximum road usage prices of road
construction projects for business purposes under the management of the
Ministry of Transport, and Circular No. 28/2021/TT-BGTVT dated November 30,
2021 on amendments to Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of
the Minister of Transport on maximum road usage prices of road construction
projects for business purposes under the management of the Ministry of
Transport, effective from the date this Circular takes effect.
3. Annul Article 1 of Circular No. 07/2023/TT-BGTVT
dated May 24, 2023 of the Minister of Transport on amendments to Circulars
regarding toll plazas and road usage prices./.
PP. THE
MINISTER
DEPUTY MINISTER
Nguyen Duy Lam