Joint Circular No. 152/2014/TTLT-BTC-BGTVT guiding the implementation of bus transport fares and road freight transport support service fees.

JOINT CIRCULAR

Guidelines for Implementing Freight Rates and Service Fees for Road Transport

 and Support Services for Road Transport

______________

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;

Pursuant to Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating motor vehicle transportation services;

Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain provisions of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Finance and the Minister of Transport jointly issue this Circular to provide guidelines for implementing freight rates for road transport using motor vehicles and service fees for support services for road transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidance on the declaration and public display of freight rates for road transport using motor vehicles and service fees for support services for road transport.

Article 2. Applicability

1. State management agencies with jurisdiction, organizations related to the management of commercial transport activities using motor vehicles, and commercial support services for road transport.

2. Enterprises, cooperatives, and individual households engaged in commercial transport using motor vehicles (hereinafter referred to collectively as transport business units) and commercial support services for road transport (hereinafter referred to collectively as service business units) within the territory of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

DECLARATION AND PUBLIC DISPLAY OF FREIGHT RATES FOR ROAD TRANSPORT USING MOTOR VEHICLES

Article 3. Declaration of Freight Rates for Road Transport Using Motor Vehicles

1. Declaration of freight rates for road transport using motor vehicles (including initial declaration and re-declaration) is the process whereby transport business units prepare a declaration form and notify the competent state agency specified in Clause 4 of this Article of the freight rate when setting or adjusting prices.

2. List of services subject to freight rate declarations

a) Passenger transport by motor vehicle along fixed routes;

b) Public bus transport along fixed routes;

c) Taxi passenger transport;

d) In addition to the services listed in points a, b, and c of this clause, based on actual conditions at the local level, if necessary, the Department of Finance shall take the lead and coordinate with the Department of Transportation to submit to the Provincial People's Committee (hereinafter referred to collectively as the Provincial People's Committee) for supplementation of transport services (contract-based transport services, tourist transport services by motor vehicle, cargo transport services by motor vehicle) that should be declared locally.

3. Entities responsible for declaring prices

a) The Department of Finance shall take the lead and coordinate with the Department of Transportation to advise the Provincial People's Committee to announce a list of entities required to declare prices in the locality.

b) Annually on July 1st or upon request from the Provincial People's Committee, the Department of Finance shall take the lead and coordinate with the Department of Transportation to advise the Provincial People's Committee to review and adjust the list of entities required to declare prices. The list will be published on the websites of the Department of Finance and the Department of Transportation.

c) Entities required to declare prices shall submit their declaration forms to the agency designated to receive such forms as stipulated in Clause 4 of this Article.

4. Agency Receiving Declaration Forms

a) The Provincial People's Committee shall designate one of the following agencies: the Department of Finance, the Department of Transportation, or the District People's Committee as the main agency to receive declaration forms from units operating within the province or having headquarters or independent branches within the province.

b) In cases where a transport business unit has its headquarters (or branch) located at both ends of a route and has already declared prices at one end of the route (province) according to regulations, it does not need to declare prices again but must send a copy of the completed declaration form to the main agency receiving declaration forms at the other end of the route, stamped with the official seal of the sending agency.

5. Time for Price Declaration

a) Units must declare prices to the competent authority at least five working days before implementing the declared price.

b) Initial declaration is carried out when a unit begins operations or declares prices for the first time according to this Circular.

c) Re-declaration is carried out when a unit adjusts prices by more than 3% compared to the previous declared price due to changes in pricing factors. If the total adjustment of prices within 3% of the previous declared price, the unit does not need to re-declare but must notify the agency receiving declaration forms in writing about the adjusted price before applying the new price.

Example: On June 1, 2013, Company A declared prices to the Department of Finance. By January 1, 2014, the company increased prices by 2%; therefore, the company did not need to re-declare prices to the Department of Finance but had to notify the Department of Finance in writing about the adjusted price before applying the new price. On June 1, 2014, the company further increased prices by 2.5% compared to the adjustment on January 1, 2014; the total adjustment was 4.55% (102% * (1 + 2.5%)) compared to the previous declared price (June 1, 2013). Therefore, this adjustment required the company to re-declare prices to the Department of Finance.

6. Content of Price Declaration

a) Passenger transport by motor vehicle along fixed routes: declaration of freight rates on fixed passenger transport routes of the unit (VND/passenger or VND/ticket); freight rates for excess baggage transported by passenger vehicles beyond the prescribed limit (VND/kg).

b) Public bus transport along fixed routes: declaration of freight rates (VND/trip) and monthly ticket prices applicable to different groups (VND/ticket/month) on the bus routes operated by the unit.

c) Taxi passenger transport: declaration according to the unit's pricing method. Specifically: initial fare (or opening fare), fare for each subsequent kilometer or distance; fare per trip; waiting time fare.

d) Other transport services as specified by the Provincial People's Committee (if any), including:

- Contract-based passenger transport and tourist transport by motor vehicle, declared according to the unit's pricing method. Specifically: daily rental fee (VND/day), mileage-based fare (VND/km), waiting time fare (if applicable) or other appropriate fare calculation methods suitable for the type of transport.

- Freight transportation by motor vehicles shall be declared according to the unit's pricing method. Specifically: declare the average freight rate (VND/T.km), container transportation rates (VND/cont20’.km; VND/cont40’.km; VND/cont20’; VND/cont40’), freight rates on major routes of the unit according to type of goods and distance (VND/ton) or other appropriate unit of measurement for the mode of transport.

7. Method of implementing price declaration, procedures for receiving and reviewing price declaration documents

a) Method of implementing price declaration

The unit shall declare prices by preparing a price declaration document and sending it to the main receiving authority in two copies (accompanied by one envelope with stamps, clearly stating the name, address of the organization or individual, the name and phone number of the person directly responsible for the unit) through one of the following methods: direct submission, submission via official communication, or submission via email with electronic signature or scanned copy of the price declaration document with signature and red seal, sent to the address notified by the receiving authority, and simultaneously submitting the price declaration document via official communication to the receiving authority.

b) The price declaration document shall be prepared according to the form prescribed in Appendix No. 1 (including Appendices No. 1a and No. 1b) of this Circular. In case the unit has issued specific price lists, such lists must be submitted together with the price declaration document. If the unit has preferential policies, discounts, or rebates for certain customer groups, these must be clearly stated in the price declaration document.

c) Procedure for receiving and reviewing price declaration documents

Shall be implemented in accordance with Article 16 of Circular No. 56/2014/TT-BTC dated April 28, 2014, issued by the Minister of Finance.

Article 4. Publicizing Freight Rates for Motor Vehicle Transportation

1. Publicizing freight rates (ticket prices) for motor vehicle transportation means that the unit publicly announces the freight rates (ticket prices) in Vietnamese Dong through suitable, clear, and non-misleading methods, such as printing, pasting, or writing prices on boards or using appropriate forms at ticket counters, inside and outside vehicles, to facilitate easy observation and recognition by customers. In addition to publicizing prices through price boards, units must also disclose price information through other forms as prescribed by law.

2. All transportation business units must comply with the regulations on publicizing prices. In cases where a transportation business unit entrusts another service station (or ticket agency) to sell tickets for its passengers, the service station (or ticket agency) must publicize ticket prices at the station (or ticket agency) and at the ticket counter for the entrusted route.

3. Among the methods of publicizing freight rates stipulated in Clause 1 of this Article, passenger transportation businesses operating fixed routes, taxi services, and bus services must implement the price publicizing method according to the model prescribed in Appendix No. 2 of this Circular, specifically as follows:

a) For fixed-route passenger transportation: publicize at ticket counters, inside the vehicle, and outside the vehicle where passengers can easily observe.

b) For taxi passenger transportation: publicize on the exterior door panel and inside the vehicle, below the fare meter location.

c) For bus passenger transportation: publicize on the left side of the vehicle body near the front door and inside the vehicle where passengers can easily observe.

4. Publicized freight rates

a) For freight rates set by transportation business units: units subject to price declaration must publicize according to the declared price level; units not subject to price declaration must publicize prices according to levels set by the transportation business unit ensuring the principle of covering actual production and business costs reasonably, achieving appropriate profits in line with market price levels and national economic and social development policies during each period.

b) For freight rates for motor vehicle transportation set by the State, transportation business units must publicize the prices at the level decided by the competent State authority.

c) Transportation business units may not charge more than the publicized freight rates.

Section 2

 ROAD TRANSPORTATION SUPPORT SERVICES FEES

Article 5. List of supporting road transport services

1. Supporting road transport services include: bus station services, parking lot services, rest stop services, transportation agency services, ticket sales agency services, cargo collection services, transshipment services, warehouse services, and road transport rescue services.

2. Specific regulations on supporting road transport services shall be implemented according to the guidelines of the Minister of Transport.

Article 6. Prices for bus station services

1. Bus station services

a) Entry and exit services at bus stations;

b) Overnight parking rental services;

c) Business premises rental services within bus stations;

d) Other services at bus stations.

2. Entry and exit services at bus stations

a) Authority to set prices for entry and exit services at bus stations

The provincial People's Committee shall establish price ranges or specific prices for entry and exit services at bus stations based on the type of bus station.

b) Pricing units for these services are VND/trip or VND/month or VND/visit. Service prices vary according to the number of seats designed for the vehicle, business form (fixed route buses considering the distance of the route, public buses, passenger transfer buses, freight transport vehicles, taxis entering and exiting bus stations to pick up/drop off passengers or load/unload goods...).

c) Principles and bases for determining service prices: based on the general pricing method issued by the Ministry of Finance and the regulations of specialized laws on road transport.

d) Procedures for establishing pricing plans, reviewing, and issuing prices for entry and exit services at bus stations: The Department of Finance reviews and submits to the provincial People's Committee for decision on prices for entry and exit services at bus stations based on pricing plans established by enterprises or cooperatives operating bus stations in accordance with Appendix 3 (including Appendices 3a and 3b) of this Circular. The review period for pricing plans and the decision-making period for prices and adjustments shall be carried out in accordance with Articles 9 and 10 of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Price Law and related legal documents.

3. Overnight parking rental services: In cases where overnight parking areas are invested in by organizations or individuals, or by the State but have been transferred to organizations or individuals for operation, they shall implement accounting recovery of investment costs in accordance with the law on pricing.

Article 7. Prices for supporting road transport services

Prices for supporting road transport services (excluding entry and exit services at bus stations specified in point a, Clause 1 and Article 6 of this Circular and services within the scope regulated by the Ordinance on Fees and Charges) shall be implemented as follows:

1. Businesses providing such services shall ensure that their service prices cover actual production and business costs reasonably, generate appropriate profits in line with local market conditions, and comply with national policies for economic and social development during each period. Service prices shall be publicly displayed in accordance with Article 8 of this Circular.

2. Based on local circumstances, if necessary, the Department of Finance shall take the lead and coordinate with the Department of Transport to submit to the provincial People's Committee for the regulation of additional supporting transport services to be included in the list of services requiring price declaration in the locality. The implementation of price declarations shall be carried out in accordance with Clauses 3, 4, 5, and 7 of Article 3 of this Circular.

3. For ticket sales agency services: when enterprises or cooperatives operating bus stations provide ticket sales services for transport businesses, they shall receive commission fees based on the number of tickets sold, in compliance with relevant laws.

Article 8. Publicizing the price of supporting road transport services

1. The entities required to publicize the price of supporting road transport services are all business units that must publicize the prices of such services provided by their units.

2. Price publicizing form: Business units shall publicly announce the prices of supporting road transport services through appropriate, clear, and non-misleading methods for customers, by printing, pasting, or writing prices on boards, paper, or other suitable forms at ticket counters, transaction locations, ensuring convenience for customer observation and recognition. In addition to publicizing prices through price publicizing, the entity must also publicly disclose fare information through other forms as prescribed by law.

Chapter III

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 9. Responsibilities of agencies and organizations

1. Department of Finance, Department of Transport, People's Committee of the district

a) Implement and be responsible for managing the fare for motor vehicle transportation and the price of supporting road transport services according to the division of labor assigned by the Provincial People's Committee.

b) Guide and inspect the implementation of fares for motor vehicle transportation and the price of supporting road transport services as stipulated in this Circular and other relevant laws.

c) Regularly, in January each year or in exceptional cases when there are fluctuations in transportation fares and supporting road transport service prices in the locality or upon request from competent state authorities: The Department of Finance shall compile the declared prices of units under local management, report to the Provincial People's Committee, the Ministry of Finance, and the Ministry of Transport.

2. Transportation business units, supporting road transport service business units

a) Adhere to the provisions on fares for motor vehicle transportation and the price of supporting road transport services as stipulated in this Circular, legal regulations on price management, and other relevant laws.

b) Implement price declaration for transportation fares and service prices; publicize prices as prescribed in this Circular. Bear responsibility for explaining or re-declaring prices as requested by the authority responsible for receiving price declaration documents.

c) Provide transportation services and supporting transportation services at the declared prices as prescribed by law, publicly disclose price information, and bear legal responsibility for the accuracy and appropriateness of the declared prices.

d) Provide complete documentation and information related to declared prices, publicized prices, and actual prices implemented when requested by competent authorities.

Article 10. Inspection of the Implementation of Price Declaration and Publicizing of Transportation Fares and Supporting Road Transport Service Prices

1. The inspection of compliance with regulations on implementing price declarations and publicizing transportation fares and supporting road transport service prices shall be carried out in accordance with this Circular and other relevant laws.

2. Units that fail to comply with price declarations, publicizing prices, or engage in acts violating regulations on pricing plans, price declarations, publicizing prices, or collecting fares contrary to regulations shall be subject to administrative penalties or criminal liability pursuit, if causing damage, they must compensate according to the law, depending on the nature and degree of violation.

3. The authority to impose penalties, procedures, and processes for penalties shall be carried out in accordance with the law on handling administrative violations.

Article 11. Implementation Provisions

1. This Circular takes effect from December 1, 2014, and replaces Joint Circular No. 129/2010/TTLT-BTC-BGTVT dated August 27, 2010, issued by the Minister of Finance and the Minister of Transport guiding the implementation of road transport fares and supporting road transport service prices.

2. The Director of the Price Management Department (Ministry of Finance), the General Director of the Vietnam Highway Administration, and the Director of the Transport Department (Ministry of Transport), within their respective functions, tasks, and powers, shall direct, guide, and coordinate inspections of the implementation of the provisions of this Circular and relevant laws.

3. The Chairman of the Provincial People's Committee, based on legal regulations on price management and the actual situation in the locality, shall direct and guide the implementation of the provisions of this Circular and relevant laws.

During the implementation process, if there are difficulties, please reflect them to the Ministry of Finance and the Ministry of Transport for study and resolution./.