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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
18/2012/ND-CP
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Hanoi , March 13, 2012
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DECREE
ON
ROAD MAINTENANCE FUNDS
Pursuant to the Law on
Organization of the Government, of December 25, 2001;
Pursuant to the Law on Road Traffic,
of November 13, 2008;
At the proposal of the
Minister of Transport;
The Government promulgates
Decree on road maintenance funds,
Chapter I
GENERAL PROVISIONS
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This Decree provides for the forming,
management and use of the road maintenance Funds (below referred to as Funds).
Article 2. Subjects of
application
This Decree applies to
organizations arid individuals relating to the forming, use and management of Funds.
Article 3. Operational principles
of Funds
1. Funds operate for non-profit
proposes.
2. Funds operate in a public,
transparent and effective manner, for proper purposes and in conformity with law.
Article 4. Forming of Funds
1. Road maintenance funds are
State’s funds and have the legal person status, seals and accounts opened at
the State Treasury. The fund forming at the central level is called the central
Fund, and forming at the provincial level, called local funds.
2. The Prime Minister shall
decide on organizational structure and fund management apparatus and promulgate
the Regulation on operation of the central fund management Council.
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Chapter II
FINANCIAL SOURCES, MANAGEMENT AND USE OF FUNDS
Articles 5. Sources forming funds
1. The charges for road use which
annually collected per road motor vehicle, including: automobiles, tractors;
trailers or semi-trailers towed by automobile or tractor (hereinafter referred
to as automobile); and two-wheeled motorcycles, three-wheeled motorcycles and motorbikes,
mopeds (hereinafter referred to as motorcycles).
2. Annual state budgets
additionally allocated to Funds: the central budget additionally allocated to
the central Fund and provincial-level budgets additionally allocated to local
funds.
3. Revenue sources relating to
road use and other revenues under provisions of law.
Article 6. Principles of
allocation of charges of road use to the central fund and local funds
1. Charges of road use which are
collected with respect to motorcycles in a locality, shall be added to the Fund
of that locality.
2. For charges of road use which
are collected with respect to automobiles, shall be allocated 65% of collected
amount to the central fund, and 35% of collected amount to local funds.
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4. In case of necessity, the
Prime Minister is assigned to adjust the rate of allocation to the central fund
and local funds suitable to each period at the proposal of the Ministry of
Transport and the Ministry of Finance.
Article 7. Expenditures of Funds
The central fund is used for the
maintenance and management of the national highway system; local funds are used
for the maintenance and management of local road system which are maintained
and managed by localities as decentralized by provincial-level People's
Councils. Expenditures of Funds include:
1. Expenditures for the
maintenance of road works.
2. Expenditures for the management
of road works.
3. Expenditures for the
operation of fund management apparatus.
4. Other expenditures relating
to the maintenance and management of road works decided by fund management
councils.
Article 8. Financial
management of funds
1. Annually, fund management
councils shall formulate financial plans on revenues and expenditures (in which
clearly defining additionally allocated state budgets) and send them to
transport and finance agencies of the same level. Transport agencies shall
consider and include amounts additionally allocated to funds in their state
budget estimates and send them to finance agencies of the same level which
shall consider and submit them to competent state agencies for decision according
to the State budget Law. Based on revenues of Funds and additionally allocated
state budgets, fund management councils shall approve financial plans on
revenues and expenditures of funds and send them to transport and finance
agencies and the State Treasury as prescribed.
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3. Units assigned to manage
funding of funds shall perform bidding, order and plan assignment to units to
maintain and manage road works as prescribed. The State Treasury shall control
expenditures from funds as expenditures from state budget.
4. Settlement of revenues and
expenditures of Funds shall be complied with current regulations. At the end of
year, funding which has not yet been spent out shall be transferred to the
subsequent year in order to cover the maintenance and management of road works.
5. Funds must be examined,
inspected and audited by state agencies as prescribed.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 9. Responsibility of Fund
management councils:
1. To propose amendments to
regulations relating to revenue sources of funds and amendments, supplements of
regulations relating to operation of funds.
2. To formulate and approve
financial plans on revenues and expenditures of funds.
3. To examine and evaluate implementation
of financial plans on revenues and expenditures of funds.
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5. To manage finance and assigned
properties as prescribed.
6. To implement other tasks
assigned by competent agencies.
Article 10. Responsibility of
the Ministry of Transport:
1. To execute the state
management on roads as prescribed by the Law on Road Traffic.
2. To direct and examine the
management of collection, use and settlement of the central fund as prescribed.
3. To assume the prime
responsibility for considering proposals of fund management councils for adjustment
of regulations relating to revenue resources of funds or amendment and
supplement of regulations on operation of funds in order to promulgate or submit
to competent state agencies for promulgation.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Finance in, proposing
the Prime Minister to adjust the rate of allocation of charges of road use to the
central fund and local funds specified in Clause 2, Article 6 of this Decree for
suitability to each period.
Article 11. Responsibility of
the Ministry of Finance:
1. To ensure allocations of central
budget to the central fund.
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3. To guide the regime on management
of collecting charges of road use; promulgate annual rates of charges of road
use for per vehicle with respect to automobiles and annual tariff of charges of
road use with respect to motorcycles.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Transport in, guiding
the management and use of road maintenance funds.
Article 12. Responsibility of
provincial-level People's Committees:
1. To ensure local budget
allocations to local funds.
2. To promulgate annual rates of
charges of road use for per vehicle with respect to motorcycles within the tariff
of charges of road use with respect to motorcycles issued by the Ministry of
Finance.
To organize the collection of charges
of road use with respect to motorcycles in their localities.
3. To direct and examine the
management of collection, use and settlement of local funds as prescribed.
Chapter IV
IMPLEMENTATION PROVISIONS
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This Decree takes effect on June
1, 2012.
Article 14. Implementation
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People’s Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung