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MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 28/2021/TT-BGTVT
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Hanoi, November 30, 2021
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CIRCULAR
AMENDMENTS TO CIRCULAR NO. 35/2016/TT-BGTVT DATED NOVEMBER 15,
2016 OF THE MINISTER OF TRANSPORT ON SETTING A CEILING ON THE ROAD TOLLS FOR
TOLL ROAD PROJECTS UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT
Pursuant to the Law on
Road Traffic No. 23/2008/QH12 dated November 13, 2008;
Pursuant to the Law on
Prices No. 11/2012/QH13 dated June 20, 2012;
Pursuant to the Law on
Public – Private Partnership Investment No. 64/2020/QH14 dated June 18,
2020;
Pursuant to the
Government’s Decree No. 177/2013/ND-CP dated 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 dated November 11, 2016 on Amendments to
the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013, detailing
and guiding a number of articles of the Law on Prices;
Pursuant to the
Government’s Decree No. 12/2017/ND-CP dated February 10, 2017, defining the
functions, duties, entitlements, and organizational structure of the Ministry
of Transport;
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The Minister of
Transport promulgates the Circular on Amendments to Circular No.
35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on
setting a ceiling on the road tolls for toll road projects under the management
of the Ministry of Transport.
Article 1. Amendments to Circular No. 35/2016/TT-BGTVT
dated November 15, 2016 of the Minister of Transport on setting a ceiling on
the road tolls for toll road projects under the management of the Ministry of
Transport
1.
Amendments to Clause 1 Article 1 are as follows:
“1.
This Circular sets a ceiling on the road tolls for toll road projects under the
management of the Ministry of Transport including national highways, expressways,
road tunnels; cases that are exempted from road tolls or have discounts on road
tolls (if any) of toll road projects".
2.
Amendments to Point b Clause 2 Article 1 are as follows:
“b.
Investors, project enterprises involved in toll road projects, and authorized
toll collection companies”.
3.
Amendments to Clause 3 Article 2 are as follows:
“3.
Toll booth means a booth where road tolls are collected from road
vehicles".
4.
Amendments to Clause 7 Article 2 are as follows:
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5.
Amendments to Article 3 are as follows:
“Article
3. Vehicles and vehicle owners liable to road tolls
1.
Road vehicles liable to road tolls include:
a)
Group 1: Vehicles with less than 12 seats, trucks with the weight rating of
under 2 tonnes; mass transit buses;
b)
Group 2: Vehicles with between 12 seats and 30 seats; trucks with the weight
rating of between 2 tonnes and under 4 tonnes;
c)
Group 3: Vehicles with 31 or more seats; trucks with the weight rating of
between 4 tonnes and under 10 tonnes;
d)
Group 4: Trucks with the weight rating of between 10 tonnes and under 18
tonnes; 20-foot container trucks;
d)
Group 5: Trucks with the weight rating of 18 tonnes or more; 40-foot container
trucks.
2.
Owners of vehicles liable to road tolls prescribed in Clause 1 of this Article
shall pay road tolls, except for those prescribed in Article 4 of this
Circular.”
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“Article
4. Road vehicles eligible for road toll exemption”
7.
Amendments to Clause 9 Article 4 are as follows:
“9.
Cars of the public security and national defense forces using the National Road
Ticket prescribed in Clause 3 Article 8 of this Circular”.
8.
Amendments to Article 5 are as follows:
“Article
5. Conditions for road toll collection
1.
Having the road construction completed according to regulations of a signed
contract between a competent state authority and an investor, a project
enterprise; or having the road construction completed under a project approved
by a competent authority.
2.
Having all types of ticket prepared; having regulations on construction, organization,
and operation of toll booths fully complied with (all of which are done by the
toll collecting entity).”
9.
Amendments to Clause 1 Article 6 are as follows:
“1.
The maximum price for a time of road use is the maximum toll rate prescribed
for each of the vehicle groups specified in Clause 1 Article 3 of this Circular
(such price has included value-added tax).
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b) The
maximum road toll per distance is prescribed in Appendix II promulgated with
this Circular;
c) The
maximum tunnel toll per single trip is prescribed in Appendix III promulgated
with this Circular.”
10.
Amendments to Clause 4 Article 6 are as follows:
“4.
When factors constituting the domestic price change, thereby affecting a
project’s financial plan, the Ministry of Transport shall consider, adjust the
maximum price in accordance with the Law on Prices. The starting price during
the formulation of an investment plan in the form of public-private partnership
investment shall not exceed the maximum price prescribed in this Circular”.”.
11.
Amendments to Article 7 are as follows:
“Article
7. Specific road tolls
1. The
specific road toll for each project that applies to each type of vehicle shall
be agreed upon by the competent state authority and an investor or a project
enterprise in the project contract provided that such price does not exceed the
maximum price for each group of vehicle prescribed in Article 6 of this
Circular.
2. The
parties that sign the BOT contract shall agree on the specific road toll for
toll booths that sell single trip tickets according to the socio-economic
situation in each period of the locality where the toll booths are placed provided
that such price is lower than the price prescribed in Clause 1 of this Article
(if any). The act of determining the specific road use price shall ensure the
financial feasibility of the project, ensure the benefits of the State,
investors, users in accordance with regulations of the law.”
12.
Amendments to Article 8 are as follows:
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1.
Road toll tickets used for road vehicles passing through toll booths include:
single trip tickets, monthly tickets, and quarterly tickets.
a) A
single trip ticket is printed with a price to be collected for one time of road
use by a passing vehicle;
b) A
monthly ticket is valid for 30 days from the date of issuance with a
pre-printed price showing the prescribed monthly toll rate per passing vehicle.
The par value of a monthly ticket is 30 (thirty) times that of a single trip
ticket. A monthly ticket is used to collect road tolls from a road vehicle
passing through a toll booth during a specific period; such period is specified
on the ticket, counting from the date the ticket becomes valid for use to the
date of expiration of its validity;
c) A
quarterly ticket is valid for 90 days from the date of issuance with a
pre-printed price showing the prescribed quarterly toll per passing vehicle.
The par value of a monthly 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
tolls from a road vehicle passing through a toll booth during a specific
period; such period is specified on the ticket, counting from the date the
ticket becomes valid for use to the date of expiration of its validity;
2.
Road toll tickets are issued in the form of electronic receipts for electronic
toll collection (hereinafter referred to as “ETC”).
3.
National road tickets only apply to cars of the public security or national
defense in accordance with regulations of the Ministry of Finance.
a)
National road tickets only apply to vehicles with red license plates of the
Ministry of National Defense. National road tickets shall not apply to vehicles
with any other license plates (even vehicles of the Ministry of National
Defense without red licenses). A national road ticket contains the following
information: Issuing agency (the Directorate for Roads of Vietnam); types
of vehicle (2 types: military cars and military trucks); Size of the ticket: 12
cm x 8 cm; red background, white texts and numbers; license plate;
a)
National road tickets that apply to vehicles of the Ministry of Public Security
contain the following information: Issuing agency (the Directorate for Roads
of Vietnam); 2 types of vehicle (vehicles with less than 7 seats and
vehicles with 7 or more seats, passenger vehicles, trucks, special vehicles);
size of the ticket :12 cm x 8 cm; yellow background with a red line along its
body at the position of 1/3 of the ticket from left to right, black texts and
numbers; license plate.
13.
Amendments to Article 9 are as follows:
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1. The
printing, issue, management, use, and refund (if any) of tickets shall comply
with the law on management of invoices for goods and services.
2. A
road toll ticket is used as a control document when a vehicle passes through a
toll booth and as a receipt in accordance with regulations of the law on
management of invoices for goods and services. An MTC ticket (manual toll
collection) can only be used at its designated MTC booth. An ETC ticket shall
comply with regulations on electronic toll collection.
3. A
road toll ticket is sold to a vehicle corresponding to its face value. A
monthly or quarterly ticket shall specify the valid period and license plate of
the vehicle. If a vehicle has changed its license plate and has adjusted its
information at the toll collecting entity, that vehicle can still use its
monthly or quarterly ticket until it expires. When a monthly or quarterly
ticket is purchased for the first time or when there are changes in a
certificate of technical safety inspection and environment protection issued by
the registry agency, the buyer shall present the mentioned certificate
(original or certified copy) to buy the ticket with a toll corresponding to the
type of vehicle and “weight rating” in accordance with regulations on vehicles.
4. If
toll booths are out of service or temporarily out of service for an indefinite
period, the toll collecting entity shall refund the monthly or quarterly ticket
to the vehicle owner. The refund amount is equal to the tolls divided by 30
days (if it is a monthly ticket) or divided by 90 days (if it is a quarterly
ticket) multiplied by the remaining valid days of the ticket from the date toll
booths are out of service or temporarily out of service for an indefinite
period.
5. In
case of a disaster, a natural disaster, an epidemic, or other force majeure
events, toll booths subject to out of service for a period of time requested by
competent agencies, the toll collecting entity shall extend the validity period
of monthly and quarterly tickets. The renewal days shall be equal to the number
of days toll booths are out of service.
6.
National road tickets are issued as follows:
a)
Before October 15 every year, the Ministry of National Defense and the Ministry
of Public Security shall estimate the number, type of national road tickets
with specific types of vehicle and send them to the Directorate for Roads
of Vietnam;
b) The
Directorate for Roads of Vietnam shall print and issue national road
tickets in December every year. Yearly national road tickets will be valid from
January 1 to December 31 every year;
c)
After December 15 every year, the person who wishes for issuance of the ticket
shall bring a letter of introduction from the Ministry of National Defense or
the Ministry of Public Security to the Directorate for Roads of Vietnam for
issuance, such letter contains his/her full name, his/her position, his/her
citizen ID and the number, type of ticket; and the Directorate for Roads
of Vietnam shall issue the ticket accordingly. Agencies that are granted
national road tickets shall manage and use them in accordance with the law”.”.
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“Article
10. Implementation responsibilities
1. The
Directorate for Roads of Vietnam shall examine and supervise the road toll
collection of investors, project enterprises, toll collecting entities, and
report it to the Ministry of Transport in accordance with regulations.
2.
Investors, project enterprises, and toll collecting entities shall:
a)
Publicly inform and post up information on toll rates, road vehicles eligible
for road toll exemption at toll booths in accordance with regulations; replace
monthly and quarterly tickets with ETC method for toll booths that provide ETC
services;
b)
Collect, declare, submit, and manage the money from selling tickets in accordance
with regulations of the law;
c)
Comply with regulations on inspection in accordance with the law on price
management, road traffic, and relevant regulations.
d)
Conduct the contract that provides road toll collection in accordance with the
law;
dd) Provide
instructions and the tag warranty; open and manage road toll collection
accounts, and pre-paid accounts in accordance with regulations of the law; keep
vehicle owners' information accounts as archives; provide information on
balance and transaction history in accordance with regulations on road toll
collection or at the request of the account owner;
e)
Provide receipts for road toll users in accordance with regulations on
receipts; publicly inform and post up information on toll rates, road vehicles
eligible for road toll exemption at ticket-selling places in accordance with
regulations; provide road toll receipts for road vehicle owners as authorized
by investors or project enterprises;
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15.
Supplement Appendix III corresponds to Appendix III of this Circular.
Article 2. Annul, replace a number of articles, clauses,
appendixes of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the
Minister of the Ministry of Transport on setting a ceiling on the road tolls
for toll road projects under the management of the Ministry of Transport:
1.
Annul Clause 1, Clause 2 Article 11;
2.
Replace Appendix I and Appendix II with Appendix I and Appendix II of this
Circular.
Article 3. Transitional provision
1. If
there are changes in vehicle groups of vehicles whose tickets have been bought
before this Circular comes into force, investors, project enterprises, toll
collecting entities shall adjust the tolls according to vehicle groups in
accordance with this Circular. The adjusted tolls shall be determined by
the specific price prescribed in the project contract by vehicle groups
specified in this Circular divided by 30 days (if it is a monthly ticket) or
divided by 90 days (if it is a quarterly ticket) multiplied by the remaining
valid days of the ticket from the date this Circular comes into force.
2.
National road tickets issued in accordance with Circular No. 70/2021/TT-BTC
dated August 12, 2021 of the Minister of the Ministry of Finance on the toll
rate, collection, payment, exemption, management, and use of road tolls, shall
continue to be used until December 31, 2022.
Article 4. Entry into force
1.
This Circular comes into force as of January 15, 2022.
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Article 5. Implementation
Chief
of the Ministry Office, Chief Inspector of Office, Directors of the Directorate
for Roads of Vietnam, directors of agencies, organizations, and
individuals shall implement this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho
APPENDIX I
SCHEDULE OF MAXIMUM ROAD
TOLLS PER SINGLE TRIP
(Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of the
Minister of the Ministry of Transport)
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Vehicle
Maximum price
(VND/ticket/time)
1
Vehicles with less than
12 seats; trucks with the weight rating of under 2 tonnes; mass transit buses
52.000
2
Vehicles with between
12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and
under 4 tonnes
70.000
3
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87.000
4
Trucks with the weight rating
of between 10 tonnes and under 18 tonnes; 20-foot container trucks
140.000
5
Trucks with the weight
rating of 18 tonnes or more; 40-foot container trucks
200.000
Notes:
a) The
“weight rating” of the vehicles in the above groups is the maximum payload
capacity allowed to be in traffic specified in the certificate of technical
safety inspection and environment protection (hereinafter referred to as
certificate of registry). If the certificate of registry does not specify the
mentioned “weight rating”, use the designed one. The number of seats shall
correspond to the number of people allowed to be transported;
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c) The
“weight rating” of a heavy-duty vehicle means the curb weight of the vehicle
specified in the certificate of registry. That “weight rating” is subject to a
toll according to the above groups of vehicle;
d) A
towing vehicle that does not tow a semi-trailer or a trailer is subject to a
toll according to Group 3;
dd) A
cargo truck using a towing vehicle towing a semi-trailer or a trailer is
subject to a toll according to the "weight rating" of the towed
vehicle;
e) A
combination of vehicles with a special certificate of roadworthiness is subject
to a combination of tolls for each component vehicle;
g) Tow
trucks (except for those prescribed in Point e Clause 6 Article 4 of this
Circular) shall be exempted from road tolls.
APPENDIX II
SCHEDULE OF MAXIMUM ROAD
TOLLS PER DISTANCE
(Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of
the Minister of the Ministry of Transport)
Group
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Maximum price
(VND/km)
1
Vehicles with less than
12 seats, trucks with the weight rating of under 2 tonnes; mass transit buses
2.100
2
Vehicles with between
12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and
under 4 tonnes
3.000
3
Vehicles with 31 or
more seats; trucks with the weight rating of between 4 tonnes and under 10
tonnes
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4
Trucks with the weight
rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks
8.000
5
Trucks with the weight
rating of 18 tonnes or more; 40-foot container trucks
12.000
Notes:
a) A
distance-based toll rate is based on the vehicle type and distance driven (km),
and the unit price corresponding to each type of vehicle (VND/km).
b) The
“weight rating” of the vehicles in the above groups is the maximum payload
capacity allowed to be in traffic specified in the certificate of technical
safety inspection and environment protection (hereinafter referred to as
certificate of registry). If the certificate of registry does not specify the
mentioned “weight rating”, use the designed one. The number of seats shall
correspond to the number of people allowed to be transported;
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d) The
“weight rating” of a heavy-duty vehicle means the curb weight of the vehicle specified
in the certificate of registry. That “weight rating” is subject to a toll
according to the above groups of vehicle;
dd) A
towing vehicle that does not tow a semi-trailer or a trailer is subject to a
toll according to Group 3;
e) A cargo
truck using a towing vehicle towing a semi-trailer or a trailer is subject to a
toll according to the "weight rating" of the towed vehicle;
g) A
combination of vehicles with a special certificate of roadworthiness is subject
to a combination of tolls for each component vehicle;
h) Tow
trucks (except for those prescribed in Point e Clause 6 Article 4 of this
Circular) shall be exempted from road tolls.
APPENDIX III
SCHEDULE OF MAXIMUM TUNNEL
TOLLS PER SINGLE TRIP
(Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of
the Minister of the Ministry of Transport)
Group
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Maximum price
(VND/ticket/time)
1
Vehicles with less than
12 seats, trucks with the weight rating of under 2 tonnes; mass transit buses
110.000
2
Vehicles with between
12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and
under 4 tonnes
160.000
3
Vehicles with 31 or
more seats; trucks with the weight rating of between 4 tonnes and under 10
tonnes
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4
Trucks with the weight
rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks
210.000
5
Trucks with the weight
rating of 18 tonnes or more; 40-foot container trucks
280.000
Notes:
a)
This schedule applies to the road tunnel which is an independent project;
b) The
“weight rating” of the vehicles in the above groups is the maximum payload
capacity allowed to be in traffic specified in the certificate of technical
safety inspection and environment protection (hereinafter referred to as
certificate of registry). If the certificate of registry does not specify the
mentioned “weight rating”, use the designed one. The number of seats shall
correspond to the number of people allowed to be transported;
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d) The
“weight rating” of a heavy-duty vehicle means the curb weight of the vehicle
specified in the certificate of registry. That “weight rating” is subject to a
toll according to the above groups of vehicle;
dd) A
towing vehicle that does not tow a semi-trailer or a trailer is subject to a
toll according to Group 3;
e) A
cargo truck using a towing vehicle towing a semi-trailer or a trailer is
subject to a toll according to the "weight rating" of the towed
vehicle;
g) A combination
of vehicles with a special certificate of roadworthiness is subject to a
combination of tolls for each component vehicle;
h) Tow
trucks (except for those prescribed in Point e Clause 6 Article 4 of this
Circular) shall be exempted from road tolls.