JOINT CIRCULAR No. 225-TV-LB guiding the implementation of Decrees No. 83-CP and No. 84-CP dated August 1, 1962 of the Council of Ministers on amending road repair fees and ferry tolls.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 83-CP and 84-CP dated August 1, 1962 of the Council of Ministers on Amending Road Repair Fees and Ferry Charges

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I. MEANING AND PURPOSE OF AMENDING ROAD REPAIR FEES AND FERRY CHARGES

Previously, the Prime Minister issued Decree No. 145-TTg dated March 15, 1958 and No. 407-TTg dated November 13, 1959 stipulating "Temporary Regulations on Collecting Road Repair Fees and Ferry Charges" for vehicles operating on roads.

The results after five years of implementation have shown that the above policy was correct. Transport agencies and enterprises have participated in contributing part of the costs to the state treasury for maintaining and repairing roads.

At present, due to:

- Road construction projects continue to develop and expand, requiring more maintenance and repair work. Each year, the State Budget must allocate tens of millions of dong for road maintenance.

- The intensity of transportation has increased, with vehicle traffic growing rapidly and the load capacity of vehicles also increasing, many vehicles over ten tons operate regularly on the roads. Therefore, it is necessary to continuously strengthen road maintenance work to meet transportation needs and promptly repair damages caused by transport vehicles;

- The previous method of collecting road repair fees and ferry charges was still averaged, such as: road repair fees were only calculated up to the maximum type of five-ton vehicle, ferry charges were calculated for a maximum three-ton vehicle, thus heavier vehicles causing more damage to roads pay less than smaller vehicles. In addition, there were some types not specified, such as: trailers, crane trucks, tracked vehicles, etc...

To ensure reasonable contributions from different types of vehicles, improve road maintenance work, and encourage transport vehicles to increase productivity, the Council of Ministers issued Decree No. 83-CP and 84-CP dated August 1, 1962 to amend the collection of road repair fees and ferry charges, aiming to:

1. Enact a formal collection system to replace the previous temporary regulations;

2. Encourage transport enterprises and agencies with transport vehicles to fully utilize their vehicle capacity, promote vehicles to operate more days, travel longer distances, and run two-way routes;

3. Reduce state budget investment in road maintenance work;

4. Make contributions from various types of vehicles, including large, small, medium, trailers, tracked vehicles, etc., more reasonable.

At the same time, the Council of Ministers also issued Decree No. 82-CP dated August 1, 1962 to specify the classification of highway systems, capital investment, hierarchical management, and organization of national highways, provincial highways, and special-purpose roads, facilitating the implementation of Decrees No. 83-CP and 84-CP.

II. ON THE COLLECTION OF ROAD REPAIR FEES (DECREES NO. 83-CP)

Article 3: Exempted from paying road repair fees

- Point a:

- Foreign vehicles exempted from paying road repair fees include passenger cars, tourist vehicles, or transport vehicles of embassies, consulates, and foreign representative offices, marked with distinctive signs and approved by the Ministry of Foreign Affairs;

- Vehicles of the International Commission, agencies under the Ministry of Foreign Affairs, Trade Department 12, Expert Bureau, etc., are still required to pay road repair fees.

- Article 2:

- Types of tractors and transport vehicles of industrial, agricultural, forestry enterprises operating exclusively on dedicated roads are exempt from road repair costs; dedicated roads are those constructed, majorly repaired, and maintained with capital invested by agencies and enterprises. The following cases still require payment for road repair costs:

a) In cases where the means of transport of industrial, agricultural, forestry enterprises, etc., use national highways or provincial roads for a distance of up to 5 kilometers as dedicated roads, they will not pay road repair costs according to the provisions of Article 5, but local transportation authorities will allocate appropriate proportions based on the annual repair budget for that section of the road and the number of vehicles of such agencies or enterprises. If both parties cannot agree on the allocation ratio, the local administrative committee shall decide;

b) In cases where vehicles of agencies, enterprises, industrial, agricultural, forestry enterprises run regularly on national highways or provincial roads for more than 5 kilometers or operate both on dedicated roads and national highways and provincial roads, they must pay road costs based on tonnage per month if there is no plan, and based on tonnage per kilometer if there is a plan;

c) In cases where agencies or enterprises, industrial, agricultural, forestry enterprises occasionally run for repairs, they are exempt from payment. However, tracked vehicles are still subject to payment according to Point g;

- Point c:

Primitive and improved transport vehicles pulled by animals, which are not engaged in professional transportation business, are exempt from road repair costs if they belong to Agricultural Production Cooperatives, Handicraft Cooperatives of state-owned enterprises or agencies solely used for production services for the Cooperative or agency, enterprise, or family. Such exemption aims to encourage the use of primitive and improved vehicles and promote the movement to relieve human labor. Additionally, vehicles of Cooperatives used for transportation as a sideline with commercial nature must still pay road repair costs as stipulated in Point i of Article 5;

- Point d:

- Vehicles used for funeral purposes are exempt if they have registered for such business and obtained certification from the local administrative committee;

- Ambulances are exempt if they belong to health agencies, hospitals specifically used for transporting patients for emergency tasks. Other types of vehicles of health agencies still need to pay road repair costs;

Article 4: - For military and People's Armed Public Security vehicles, the amount and method of paying road repair costs will be separately specified;

Article 5: - Regulations on levying road repair costs;

- Point a): Charge 0đ01 per ton-kilometer applicable to planned cargo transport vehicles, i.e., vehicles of state-owned enterprises, public-private joint ventures, main transport vehicles of agencies with planned indicators allocated by the state and under the management of transportation authorities;

- Charging based on the vehicle's carrying capacity (as registered). Any vehicle running on the road must pay road repair costs regardless of whether it carries goods or not, and whether the goods are transported in one direction or two directions. This aims to encourage vehicle owners to actively seek round-trip cargo and utilize the full capacity of their vehicles;

- Point b): Charge 40đ per ton-month applicable to unplanned cargo transport vehicles, i.e., vehicles of agencies not following state indicators and not managed by transportation authorities with plans;

Levying road repair costs based on the vehicle's carrying capacity to determine monthly payments, regardless of how much the vehicle runs. This aims to gradually encourage these agencies to engage in planned transportation and fully utilize the capacity of their vehicles;

- Point c): Passenger transport vehicles including buses, cars, taxis, etc., operated by state-owned companies, public-private joint ventures, car companies, DX12 fleets, etc., charge based on the number of seats designated for passenger transport (registered by transportation authorities), i.e., charged based on the number of seats designated and the actual kilometers driven, regardless of the number of passengers carried;

For private cars, tour vehicles of agencies, enterprises, individuals not used for commercial passenger transport but only for official duties or personal use, charge based on the number of vehicles at 10đ per month;

- Point g): Tracked vehicles and tractors when running on national highways or provincial roads must obtain permission from transportation authorities as stipulated in the Road Traffic Law and Circular No. 1002 dated March 25, 1961, of the Ministry of Transport, and must pay road repair costs per trip based on the kilometers driven and the weight of the vehicle (i.e., the total weight of the vehicle);

- For trailer transport vehicles, the road repair cost is 3/4 of the cost for truck transport vehicles, i.e., 3/4 of 0đ01 per ton-kilometer for 1 ton trailer-kilometer or 3/4 of 40đ per ton-month for 1 ton trailer-month or 3/4 of 0đ0024 per person-kilometer;

III. ON CHARGING FERRY FEES (DECREE NO. 84-CP)

Article 2: - Regulations on ferry fee exemptions:

- Point a): Military vehicles and military vehicles (People's Army and People's Armed Public Security) will have separate regulations;

- Point b): Fire trucks are those specially used for firefighting with specific markings; other vehicles of fire agencies still need to pay fees;

Flood defense vehicles used during typhoon and flood periods, with "flood defense" signs hanging on them, are exempt (signs must bear the stamp of the transportation authority);

Point c: Vehicles of foreign agencies are subject to the same rules as explained in Article 3, Point a, regarding road repair costs;

- Point d): Civilian workers serving must travel in groups of ten or more, with guides, and must have certification from the local administrative committee to be exempt; if traveling individually, they still need to pay;

- Point e): For farmers living in villages on both sides of ferry terminals who daily cross the river for production, shopping, visiting relatives, etc., i.e., farmers living near the river who daily work across the river or go shopping, etc., are exempt only for farmers in the local village (on both sides of the river) where the ferry terminal is located and must have a certificate issued by the local administrative committee.

Article 4: - The ferry fare for trailers shall be calculated at three-quarters of the fare for automobiles with equivalent load capacity, i.e., if a vehicle with a load capacity from 2 to 3 tons crossing a ferry terminal between 200m and 500m must pay 2đ50, then a trailer with a load capacity from 2 to 3 tons only needs to pay

Article 6: - For the People's Army and the People's Armed Police, vehicles of the People's Army and the People's Armed Police crossing ferries outside of military operations will have separate regulations.

IV. METHODS OF PAYING ROAD REPAIR FEES AND FERRY FARES

A. FERRY FARES:

The principle is payment in cash. However, currently, in addition to collecting in cash at ferry terminals, transport enterprises also make payments through bank transfers (when vehicles cross the ferry, they submit a receipt, and the enterprise will settle the account through bank transfer later). Collecting through bank transfers has many inconveniences and does not ensure quick and efficient collection, so traffic management agencies and transport enterprises need to study measures to address this situation to ensure prompt collection while strengthening inspections to prevent revenue loss.

Collection through bank transfers is only applicable to certain transport enterprises as specified by the Road Transport Department. These enterprises must sign contracts with Traffic Departments or ferry terminals. The contract must clearly specify the time and method of payment.

- For war invalids crossing ferries, they must present their war invalid card; students and residents of riverbank communes are exempt from ferry fares as stipulated in Article 2 of Decree No. 84-CP, which requires certification from local administrative committees or schools for students;

- For civilian workers, self-defense militia members, and groups of ten or more people going on marches, the person in charge must contact the ferry terminal in advance and follow the guidance of the terminal to avoid confusion with pedestrians;

- For cadres, employees of state enterprises and agencies who frequently cross rivers for work purposes, transportation authorities may issue regular passes and collect fees monthly for convenience.

B. ROAD REPAIR FEES

- For military vehicles and the People's Armed Police, there will be separate regulations;

- Transport vehicles with planned schedules and passenger transport vehicles of state-owned and joint-stock enterprises pay road repair fees based on actual usage, i.e., according to the number of tons per kilometer driven (based on the number of tons per kilometer, depreciation is paid) twice a month along with periodic profit depreciation payments to the state.

- Other types of vehicles such as main force vehicles of various sectors, etc., pay once a month:

a) For vehicles with planned schedules, fees are collected in the first five days of the following month for the previous month (according to tons per kilometer).

b) For vehicles without planned schedules, fees are collected in the first five days of the month for that month (according to tons per vehicle per month). In cases where vehicles are damaged and unable to operate, they must report to the transportation authority for confirmation five days before the first day of the next month.

When collecting road repair fees, transportation authorities must issue receipts for each vehicle. Drivers must carry the receipt and present it to the relevant authorities and traffic control, tax, and police personnel when necessary. For joint-stock and state-owned automobile transport enterprises, a general receipt is issued to the enterprise rather than individual vehicles.

V. ORGANIZATION OF COLLECTION AND PAYMENT OF ROAD REPAIR FEES AND FERRY FARES.

A. REGARDING ROAD REPAIR FEES:

- Article 10 of Decree No. 83-CP stipulates that road repair fees are organized by the Ministry of Transportation for collection and deposited into the State Bank. Annually, the Ministry of Transportation and the Ministry of Finance base their allocations of a portion of the total road repair fees collected in the year to districts, provinces, and cities for expenditures on provincial road maintenance systems managed by localities on the condition of road conditions and traffic volume in each locality.

This matter will be reviewed annually by the inter-ministerial bodies based on the total amount collected and the requirements for provincial road repairs, and announced to local administrative committees.

- The Ministry of Transportation will base its organization of road repair fee collection by its affiliated organizations on the operational status of transport vehicles to facilitate the convenience of the vehicle owners; simultaneously, measures will be taken to ensure against revenue loss. Regarding the format and model of collection books, the Ministry of Transportation will issue a circular to regulate and guide.

- Article 1 of Decree No. 83-CP stipulates:

"From August 1, 1962, road repair fees will be collected according to the provisions of this decree." Therefore, transport vehicles must pay road repair fees from August 1, 1962, if localities have already collected road repair fees for August at the old rate, they now must collect the new rate from August 1, 1962, and also from August 1, 1962, road repair fees collected will be deposited into the State Budget. However, road repair fees collected from January to July 1962 and deposited into local budgets will remain in the local budget.

B. REGARDING FERRY FARES:

, Clause 1, Clause 2 Article 7a of this Regulation. According to Decree No. 84-CP, "ferry fares are organized for collection by the Ministry of Transportation. The portion collected from ferry terminals belonging to the national highway system is deposited into the central budget, and the portion collected from ferry terminals belonging to the provincial road system is deposited into the local budget."

Therefore, from the date of implementation of this decree, ferry fares from the national highway system will be deposited into the central budget rather than the local budget as previously.

Article 1 According to Decree No. 84-CP, "from August 1, 1962, ferry fares will be collected according to the provisions of this decree." However, due to insufficient dissemination and the complexity of ferry fare collection, localities will collect according to the new regulations upon receiving the decree without retroactively collecting from August 1, 1962, as with road repair fees.

To ensure effective ferry fare collection, the Ministry of Transportation will provide guidelines for organizing collection, managing collection, and managing cash according to state financial procedures.