Circular No. 236/2016/TT-BTC stipulates the prices for services of design appraisal, quality inspection, technical safety, and environmental protection for railway transportation means and equipment.

CIRCULAR

Regulations on the price of services for design appraisal, quality inspection, technical safety, and environmental protection for railway transportation equipment and facilities

On the basis of Law on Railways No. 35/2005/QH11 June 14, 2005;

On the basis of Law on Prices No. 11/2012/QH13 dated June 20, 2012;

On the basis of Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015;

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

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

At the proposal of the Director of the Price Management Department,

The Minister of Finance issues this Circular to regulate the prices of services for design appraisal, quality inspection, technical safety, and environmental protection for railway transportation equipment and facilities.

Article 1. Scope of Regulation

This Circular regulates the prices of services for design appraisal, quality inspection, technical safety, and environmental protection for railway transportation equipment and facilities operating on national railways, dedicated railways, and urban railways.

Article 2. Applicability

1. Organizations, entities, and individuals who have their designs appraised, quality inspected, technical safety checked, and environmental protection verified by the registration authority shall be responsible for paying the service fees according to the provisions of this Circular.

2. The registration authority is the entity that conducts quality inspections, technical safety checks, and environmental protection verifications for railway transportation equipment.

3. Other related organizations and individuals.

Article 3. Service Price

1. The price of services for design appraisal, quality inspection, technical safety check, and environmental protection verification for railway transportation equipment shall be implemented according to the attached service price table in this Circular.

The service prices specified in this Circular include value-added tax but do not include the fee for issuing the Certificate of Quality and Technical Safety and Environmental Protection as prescribed by the Ministry of Finance and travel, accommodation, and communication expenses incurred when conducting inspections at locations more than 100 kilometers away from the registration authority's headquarters. Travel, accommodation, and communication expenses incurred when conducting inspections at locations more than 100 kilometers away from the registration authority's headquarters (if applicable) shall be implemented according to the current regulations of the Ministry of Finance regarding travel allowances for state agencies and public institutions.

2. For other appraisal and inspection tasks not specified in the attached service price table in this Circular, or when required by authorized authorities, or when there are complaints about quality and technical safety during production, assembly, importation, modification, and operation of equipment not specified in the collection rate, the inspection fee shall be calculated based on the actual time spent on the inspection work at a rate of VND 200,000 per hour, but not less than VND 200,000 per inspection, except in cases where complaints about quality and technical safety during production, assembly, importation, modification, and operation of equipment are due to errors of the registration authority.

For the evaluation and certification of system safety for urban railways including the appraisal of system safety documentation for new construction and upgrades, and periodic assessment and certification of the management system for safe operations, the Vietnam Registration Authority shall prepare a budget estimate for each specific project based on its unique characteristics and scale, serving as the basis for determining the appraisal fee for system safety documentation and the assessment and certification fee for the management system for safe operations of urban rail lines, and report to the Ministry of Transport and the Ministry of Finance for review and approval in writing.

3. When collecting service fees, the registration authority shall use service supply invoices in accordance with Decree No. 51/2010/NĐ-CP dated May 14, 2010, of the Government on invoices for goods sales and service provision; Decree No. 04/2014/NĐ-CP dated January 17, 2014, of the Government amending and supplementing certain articles of Decree No. 51/2010/NĐ-CP dated May 14, 2010, on invoices for goods sales and service provision; Circular No. 39/2014/TT-BTC dated March 31, 2014, of the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP dated May 14, 2010, and Decree No. 04/2014/NĐ-CP dated January 17, 2014, of the Government on invoices for goods sales and service provision, and any replacement or amended documents (if applicable).

The registration authority has the obligation to publicly disclose information and post service prices, pay taxes on collected amounts, and manage and use the remaining funds after tax payment according to the law.

Article 4. Organization of Implementation

1. This Circular takes effect from January 1, 2017, and replaces Decision No. 34/2008/QĐ-BTC dated June 6, 2008, of the Minister of Finance on the collection rates, collection, submission, management, and use of fees for traffic safety inspections and quality testing of equipment, materials, and transportation vehicles on railways.

2. During the implementation process, if there are any difficulties, it is requested that agencies, organizations, and individuals promptly report them to the Ministry of Finance for research and guidance./.