THE MINISTRY OF
TRANSPORT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No.
35/2016/TT-BGTVT
|
Hanoi, November
15, 2016
|
CIRCULAR
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
Pursuant to November 13, 2008 Law No.
23/2008/QH12 on Road Traffic;
Pursuant to June 20, 2012 Law No. 11/2012/QH13
on Prices;
Pursuant to the Government’s Decree No.
177/2013/ND-CP of November 14, 2013, detailing and guiding a number of articles
of the Law on Prices;
Pursuant to the Government’s Decree No. 149/2016/ND-CP of November 11, 2016,
amending and supplementing a number of articles of Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding a
number of articles of the Law on Prices;
Pursuant to the Government’s Decree No.
107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and
organizational structure of the Ministry of Transport;
At the proposal of the director of the
Department of Finance,
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular prescribes the ceiling road use
service price levels to be applied by investment projects on road construction,
including national highways and expressways, for commercial operation under the
management by the Ministry of Transport
2. This Circular applies to:
a/ Owners of road motor vehicles and special-use
motorcycles, and persons authorized or assigned by these owners to possess and
use road motor vehicles and special-use motorcycles (below collectively
referred to as vehicle owners);
b/ Investors and project enterprises involved in
projects on construction of roads for commercial operation;
c/ Other related agencies, organizations and
individuals.
Article 2. Interpretation of terms
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Road vehicles (below referred to as vehicles)
include road motor vehicles and special-use motorcycles.
2. Road use service means a service provided by
road vehicles which are invested for commercial operation.
3. Road use service price-collecting booth (below
referred to as booth) means a booth where road use service prices are collected
from road vehicles.
4. Investor means an organization or individual
investing in a project on construction, upgrading and reparation of a road for
commercial operation.
5. Project enterprise means an enterprise
established by an investor for project implementation.
6. Distance means a distance travelled by a road
vehicle, which is calculated in km.
7. Road use service price-collecting unit (below
referred to as collecting unit) means an investor, a project enterprise or unit
authorized or assigned by an investor or a project enterprise to sell and check
road use service tickets.
Article 3. Vehicles and vehicle owners liable to road use service
prices
1. Road vehicles liable to road use service prices
include:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Group 2: Vehicles with between 12 seats and 30
seats; trucks with the loading capacity of between 2 tons and under 4 tons;
c/ Group 3: Vehicles with 31 or more seats; trucks
with the loading capacity of between 4 tons and under 10 tons;
d /Group 4: Trucks with the loading capacity of
between 10 tons and under 18 tons; 20-feet container trucks;
e/ Group 5: 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 prices,
except those specified in Article 4 of this Circular.
Article 4. Vehicles eligible for road use service price exemption
1. Ambulances and other vehicles carrying injured
persons to intensive care units.
2. Fire engines.
3. Agricultural and forestry machinery vehicles
including ploughs, harrows, cultivators, weeders and paddy pluckers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Vehicles exclusively used for national defense
purposes:
a/ Tanks, armored vehicles, artillery tractors,
vehicles carrying troops in operation;
b/ Road motor vehicles bearing number plates with a
red background and engraved white letters and numbers (below referred to as
red-background number plates) and fitted with special-use equipment for
national defense (which are not flatbed trucks), such as work vehicles, crane
trucks, cistern trucks and power generator units. Vehicles carrying troops in
operation mean automobile with 12 or more seats and trucks with seats fitted in
the roofed body and bearing red-background number plates (regardless of
carrying troops or not).
6. Vehicles exclusively used for security purposes,
including those specified at Point a, Clause 5 of this Article and those of the
public security forces (the Ministry of Public Security, public security
offices of provinces, cities, districts, etc.):
a/ Patrol cars for traffic control of the traffic
police with a turn light on the roof and words “TRAFFIC POLICE on both sides of
the body;
b/ Cars of the 113 police with words “POLICE 113”
on both sides of the body;
c/ Mobile police cars with
words “MOBILE POLICE” on both sides of the body;
d/ Cars of police forces on duty using one of the
priority signals as prescribed by law in case of performance of an urgent duty;
dd/ Trucks with seats fitted in the roofed body for
carrying public security forces on duty.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Funeral vehicle processions.
8. Escorted vehicle processions.
9. Cars of the public security and national defense
forces using the “national road toll” ticket as prescribed by the Ministry of
Finance on road tolls.
10. Vehicles carrying medicines, machinery,
equipment, supplies and goods to disasters- and epidemics-hit regions as
prescribed by the law on state of emergency caused by big disasters or
dangerous epidemics.
11. Two-wheeled motor vehicles, three-wheeled motor
vehicles, motorbikes, three- wheeled motorcycles.
Article 5. Conditions for road use service price collection
A road where the organization of road use service
price collection is permitted must fully satisfy the following conditions:
1. Having its construction or upgrading completed
under a project approved by a competent authority.
2. Having its supporting works to serve the road
use service price collection completed with all types of ticket and an
apparatus for ticket collection and checking available.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
REGULATIONS ON ROAD USE
SERVICE PRICES AND TICKETS
Article 6. Maximum road use service price levels
1. The maximum price for a time of road use is the
maximum 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 maximum road use service price per passing
vehicle is provided in Appendix I to this Circular.
b/ The maximum road use service price per distance
is provided in Appendix II to this Circular.
2. The maximum monthly price is the maximum level
to be collected for 30 days of road use by a vehicle passing a booth. The
maximum monthly price is 30 (thirty) times higher than the maximum price
specified in Clause 1 of this Article.
3. The maximum quarterly price is the maximum level
to be collected for 90 days of road use by a vehicle passing a booth. The
maximum quarterly price is 3 (three) times the maximum monthly price, and
entitled to a discount of 10%.
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
prices.
Article 7. Specific road use service prices
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8. Road use service tickets
1. Road use service tickets used for road vehicles
passing collecting booths include one-pass tickets, monthly tickets and
quarterly tickets.
a/ A one-pass ticket is printed with a price to be
collected for one time of road use by a passing vehicle;
b/ A monthly ticket is issued for 30 days from the
date such ticket becomes valid for use with a pre-printed price showing the
level to be collected for 30 days for a passing vehicle. The par value of a
monthly ticket is 30 (thirty) times that of a one-pass ticket. A monthly ticket
is used to collect road use service prices from road vehicles passing a booth 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;
c/ A quarterly ticket is issued for 90 days from
the date such ticket becomes valid for use with the pre-printed price showing
the level to be collected for 90 days for a passing vehicle. The par value of a
quarterly ticket is 3 (three) times that of a monthly ticket, and entitled to a
discount of 10%. A quarterly ticket is used to collect road use service prices
from road vehicles passing a booth 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 such ticket;
2. A one-pass ticket shall be sold to a vehicle,
for which the price printed on the ticket shall be paid, without recording the
vehicle’s registration number.
3. A monthly or quarterly ticket is sold to a
vehicle, for which the price printed on the ticket shall be paid, showing the
valid duration and registration number of the vehicle. A monthly or quarterly
ticket must be used at the right booth within the valid duration stated in it.
Article 9. Management of road use service tickets
1. The printing, distribution, management and use
of tickets must comply with the law on management of goods sale and service
provision invoices.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A road user shall produce the vehicle
registration certificate (the original or a copy) when buying a monthly or
quarterly ticket corresponding to its/his/her vehicle’s
type and designed tonnage.
4. Money amounts paid for tickets sold to vehicles
shall not be refunded or cleared against price amounts payable by other
vehicles (except where a booth is suspended from price collection under a
decision of the investor or competent agency).
5. A road use service ticket serves as a document
for controlling a vehicle passing a booth and concurrently as a payment
invoice.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 10. Responsibilities for implementation organization
1. The Directorate for Roads of Vietnam shall
examine and supervise the collection of road use service prices by collecting
units and report it to the Ministry of Transport in accordance with law.
2. Collecting units shall:
a/ Publicly inform, and post up information on
price levels, subjects liable to pay road use service prices, and subjects
exempted from road use service prices at ticket-selling places and booths in
accordance with law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Organize the collection, declaration,
remittance, management and use of money amounts collected from the sale of
tickets in accordance with law
d/ Comply with the regulations on inspection and
examination in accordance with the law on price management, road traffic and
relevant regulations.
Article 11. Transitional provisions
1. For collecting booths for which the Minister of
Transport has issued Circulars on levels, collection, remittance, management
and use of road use service prices for retrieval of capital for road projects
before the effective date of this Circular, the price
levels specified in such Circulars shall continue to be applied until they are
permitted by state competent agencies to be adjusted.
2. The Ho Chi Minh City - Trung Luong expressway
project shall continue to apply the price levels specified in the Minister of
Finance’s Circular No. 14/2012/TT-BTC of February 7, 2012, and Circular No.
143/2012/TT-BTC of August 31, 2012, from January 1, 2017, until such price
levels are permitted by competent state agencies to be adjusted. These price
levels are inclusive of value-added tax.
3. For the Hanoi-Hai Phong expressway project and
expressway projects of which the Vietnam Expressway Corporation is the owner,
the project owner may decide on price levels under the pilot mechanisms and
policies decided by the Prime Minister until replacing decisions are issued and
on the principle that such price levels do not exceed the maximum prices
specified in Article 6 of this Circular.
4. Provisions on the collection, management, use,
collection documents and publicization of collected road use service price
amounts which are not contained in this Circular may be found in the Law on Tax
Administration and relevant guiding documents.
Article 12. Effect
1. This Circular takes effect on January 1, 2017.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Any problem arising in the course of
implementation should be promptly reported to the Ministry of Transport for
consideration and settlement.-
MINISTER OF
TRANSPORT
Truong Quang Nghia
APPENDIX I
MAXIMUM TARIFF FOR ROAD USE SERVICES PER PASSING
VEHICLE
(To the Minister of Transport s Circular No.
35/2016/TT-BGTVT of November 15, 2016)
No.
Types of
vehicle
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1
Under-12-seat vehicles, trucks with the loading capacity
of under 2 tons; mass transit buses
52,000
2
Vehicles with between 12 seats and 30 seats;
trucks with the loading capacity of between 2 tons and under 4 tons
70,000
3
Vehicles with 31 or more seats; trucks with the loading
capacity of between 4 tons and under 10 tons
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4
Trucks with the loading capacity of between 10
tons and under 18 tons; 20-feet container trucks
140,000
5
Trucks with the loading capacity of over 18 tons;
40-feet container trucks
200,000
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ The loading capacities of the vehicles subject
to the above price levels are designed ones (for loading cargoes), based on the
vehicle registration certificates granted by competent agencies.
b/ The price levels applicable to container trucks
(including special-use trailers) are for trucks’ gross weight, with or without
cargo.
APPENDIX II
MAXIMUM DISTANCE-BASED TARIFF FOR ROAD USE SERVICES
(To the Minister of Transport’s Circular No. 35/2016/TT-BGTVT of
November 15, 2016)
No.
Types of
vehicle
Maximum price
(VND/km)
1
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2,100
2
Vehicles with between 12 seats and 30 seats;
trucks with the loading capacity of between 2 tons and under 4 tons
3,000
3
Vehicles with 31 or more seats; trucks with the
loading capacity of between 4 tons and under 10 tons
4,400
4
Trucks with the loading capacity of between 10
tons and under 18 tons; 20-feet container trucks
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5
Trucks with the loading capacity of over 18 tons;
40-feet container trucks
12,000
Notes:
a/ A distance-based price level is based on the vehicle
type and distance actually travelled (km), and the unit price corresponding
to each type of vehicle (VND/km).
b/ The loading capacities of the vehicles subject
to the above price levels are the designed ones (for loading cargoes), based on
the vehicle registration certificates granted by competent agencies.
c/ The price levels for container trucks (including
special-use trailers) apply to trucks’ gross weights, with or without cargo.-