THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
168/2003/ND-CP
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Hanoi, December 24, 2003
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DECREE
PRESCRIBING THE FINANCIAL SOURCE FOR ROAD
MANAGEMENT AND MAINTENANCE AS WELL AS THE MANAGEMENT AND USE THEREOF
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 29, 2001 Law on Land-Road Traffic;
Pursuant to the December 16, 2002 Law on State Budget;
Pursuant to the December 16, 2001 Ordinance on Charges and Fees;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree prescribes the financial source for
road management and maintenance as well as the management and use thereof.
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Article 3.-
The financial source for road management and
maintenance must be adequate and stable for the management, maintenance and
protection of road traffic infrastructures, thus ensuring smooth, safe and
convenient road traffic.
The financial source for road management and
maintenance shall be used only for jobs and activities related thereto.
Article 4.- The financial source for road management and
maintenance shall be apportioned as follows:
- The financial source for management and
maintenance of the national highway system shall be allocated from the central
budget and other capital sources according to law provisions.
- The financial source for management and
maintenance of roads belonging to the systems of provincial roads, urban roads,
district roads and commune roads (hereinafter referred collectively to as local
road systems) shall be allocated from local budgets and other capital sources
according to law provisions.
- The financial source for management and
maintenance of special-use roads and roads invested with capital sources other
than the State budget during the course of exploitation and use shall be
covered by investors themselves according to law provisions.
Chapter
II
FINANCIAL SOURCE FOR ROAD MANAGEMENT AND MAINTENANCE
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1. State budget allocations.
2. Proceeds from collection of road tolls.
3. Capital sources of investors, for roads under
commercial exploitation.
4. Contributions and mobilizations from
organizations and individuals.
5. Other lawful capital sources.
The Ministry of Communications and Transport
shall coordinate with the Ministry of Finance in formulating a mechanism to
create capital for the management and maintenance of the national highway
system, then submitting it to the Prime Minister for decision.
The provincial-level People's Committees shall formulate
and submit to the provincial-level People's Councils for promulgation a
mechanism to create capital for the management and maintenance of local road
systems.
Article 6.- Annual capital allocation for road management
and maintenance
Annually, based on the requirements for
management and maintenance of the national highway system, the Ministry of
Communications and Transport shall estimate the expenditures and coordinate
with the Ministry of Finance in allocating capital for the management and maintenance
of the national highway system; based on the requirements for management and
maintenance of local road systems, the provincial/municipal Communications and
Transport Services (Communications and Public Works Services) shall estimate
the expenditures and coordinate with the provincial/municipal Finance Services
in allocating capital for the management and maintenance of local road systems
according to the provisions of the Law on State Budget.
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MANAGEMENT AND USE OF CAPITAL FOR ROAD MANAGEMENT AND MAINTENANCE
Article 7.- Capital for road management and maintenance
shall be used for the following activities:
1. The State management and service activities
for land-road traffic, including: organization of the monitoring of technical
conditions and management of road works; organization of road traffic;
inspection and examination of the protection of road traffic infrastructures;
operation of vehicle tonnage-inspecting stations and toll booths; operation of
ferries and pontoon bridges with revenues being inadequate to cover regular
expenditures; reserve supplies, equipment and facilities for ensuring road
traffic; and other State management and service activities for road traffic,
permitted by the Prime Minister.
2. The work of road maintenance, including:
a/ Regular maintenance;
b/ Periodical repair (medium-scaled repair and
overhaul);
c/ Irregular repair to overcome consequences
caused by natural disasters or other reasons.
Article 8.- Plans on the use, allocation, payment and
settlement of capital for road management and maintenance
Annually, on the basis of the budget estimates
assigned by competent authorities, the Ministry of Communications and Transport
shall allocate capital for management and maintenance of the national highway
system; the provincial/municipal Communications and Transport Services (the
Communications and Public Works Services) shall allocate capital for the
management and maintenance of local road systems.
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Article 9.- Inspection, examination, commendation, reward,
and handling of violations
1. The Ministry of Communications and Transport
and the provincial/municipal Communications and Transport Services (the
Communications and Public Works Services) shall have to coordinate with finance
offices of the same levels in conducting regular and irregular inspection of
the generation, management and use of capital for road management and maintenance
by concerned units.
2. The examination, commendation, reward, and
handling of violations in the management and use of capital for road management
and maintenance shall comply with the provisions of the Law on State Budget.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article 10.- This Decree takes effect as from January 1,
2004. All previous regulations contrary to this Decree are hereby annulled.
Article 11.- The Ministry of Communications and Transport
shall assume the prime responsibility for, and coordinate with the Ministry of
Finance in, guiding the implementation of this Decree.
Article 12.- The Minister of Communications and Transport,
the Minister of Finance, the presidents of the provincial/municipal People's
Committees and the heads of organizations, enterprises and indivi-duals
involved in the work of road management and maintenance shall have to implement
this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai