Circular No. 28/2021/TT-BGTVT amending and supplementing certain Articles of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on the maximum service fee for using expressways in highway investment projects for business purposes under the management of the Ministry of Transport

CIRCULAR

Amending and supplementing some articles of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 issued by the Minister of Transport on the maximum service fee for using road infrastructure in investment projects for road construction for business purposes under the management of the Ministry of Transport |||| to||

_________________________

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

Pursuant to the Law of|| Resolution No. 11/2012/QH13 dated June 20 2012;

Pursuant to the Public-Private Partnership Investment Law No. 64/2020/QH14 dated June 18, 2020;

Decree No. 177||onto||amend|| CDecree No. 12/2013/NĐ-CP dated November 14 and Law No. 47/2024/QH15 ||

On the basis of Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing some articles of Decree No. 177/2013/NĐ-CP dated November 14, 2013 issued by the Government detailing and guiding the implementation of certain provisions of the Price Law;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Finance and the General specialized agency under the People's Committee of the province/city.Director of the Vietnam Highway Administration;

The Minister of Transport hereby issues this Circular amending and supplementing some articles of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 issued by the Minister of Transport on the maximum service fee for using road infrastructure in investment projects for road construction for business purposes under the management of the Ministry of Transport.

Article 1. Amending and supplementing some articles of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 issued by the Minister of Transport on the maximum service fee for using road infrastructure in investment projects for road construction for business purposes under the management of the Ministry of Transport

1. Amending and supplementing Clause 1 of Article 1 as follows:

"1. This Circular stipulates the maximum price when collecting fees for using road infrastructure from investment projects for road construction for business purposes under the management of the Ministry of Transport, including national highways, expressways, and road tunnels; cases where fees for using road infrastructure are exempted or reduced (if applicable) for investment projects for road construction for business purposes."

2. Amending and supplementing Point b Clause 2 Article 1 as follows:

"b. Investors, project enterprises of road construction projects for business purposes, service providers for collecting fees for using road infrastructure."

3. Amending and supplementing Clause 3 Article 2 as follows:

"3. A toll station for collecting fees for using road infrastructure (hereinafter referred to as a toll station) is the place where fees for using road infrastructure are collected from vehicles participating in road traffic."

4. Amending and supplementing Clause 7 Article 2 as follows:

"7. An entity collecting fees for using road infrastructure (hereinafter referred to as a collection entity) is the Investor, Project Enterprise, or an entity authorized, assigned tasks, or contracted by the Investor or Project Enterprise to provide services for collecting fees for using road infrastructure."

5. Amending and supplementing Article 3 as follows:

"Article 3. Objects and vehicle owners required to pay fees for using road infrastructurei1. Vehicles using road infrastructure services that are required to pay fees for using road infrastructure include:

a) Group 1 includes the following types of vehicles: Passenger cars with less than 12 seats, trucks with a load capacity of less than 2 tons; public transport buses;

b) Group 2 includes the following types of vehicles: Passenger cars with 12 to 30 seats; trucks with a load capacity of 2 to less than 4 tons;

c) Group 3 includes the following types of vehicles: Passenger cars with 31 seats or more; trucks with a load capacity of 4 to less than 10 tons;

d) Group 4 includes the following types of vehicles: Trucks with a load capacity of 10 to less than 18 tons; 20-foot container trucks;

e) Group 5 includes the following types of vehicles: Trucks with a load capacity of 18 tons or more; 40-foot container trucks.

2. Vehicle owners belonging to the objects required to pay fees for using road infrastructure as stipulated in Clause 1 of this Article must pay fees for using road infrastructure, except for cases specified in Article 4 of this Circular."

||

6. Amending and supplementing the name of Article 4 as follows:

“Article 4. Objects exempted from payment for road service usage fees”

7. Amend and supplement Clause 9 of Article 4 as follows:

“9. Motor vehicles of public security and defense forces using National Road Ticket as prescribed in Clause 3, Article 8 of this Circular.”

8. Amend and supplement Article 5 as follows:

“Article 5. Conditions for collecting road service usage fees

1. Completion of construction of road projects according to the project contract signed between the competent state authority and the Investor, Project Enterprise, or completion of construction of road projects according to the project approved by the competent authority.

2. The entity collecting road service usage fees has prepared all types of tickets, completed regulations on construction, organization, and operation of toll stations as prescribed.”

9. Amending and supplementing Clause 1 of Article 6 as follows:

“1. The maximum price for one-time use of road services is the maximum collection rate prescribed for each group of vehicles in Clause 1, Article 3 of this Circular (the price includes value-added tax).

a) The maximum price for road service usage per trip as stipulated in Appendix I attached to this Circular;

b) The maximum price for road service usage per section as stipulated in Appendix II attached to this Circular;

c) The maximum price for road tunnel service usage per trip as stipulated in Appendix III attached to this Circular.”

10. Amend and supplement Clause 4 of Article 6 as follows:

“4. When domestic factors forming prices fluctuate affecting the financial plan of the project, the Ministry of Transport shall review and adjust the maximum price based on the principle of complying with legal provisions on pricing. The initial price during the process of establishing a public-private partnership investment project shall not exceed the maximum price prescribed in this Circular.”

11. Amend and supplement Article 7 as follows:

“Article 7. Specific Prices for Road Service Usage

1. Specific prices for road service usage for each project applicable to each type of vehicle are agreed upon by the competent state authority and the Investor, Project Enterprise in the project contract on the principle that when implementing the collection, it does not exceed the maximum price for the group of vehicles prescribed in Article 6 of this Circular.

2. For toll stations collecting per trip, based on the socio-economic situation of the locality where the station is located at different times, the parties signing the BOT contract agree on specific prices for road service usage lower than those specified in Clause 1 of this Article (if applicable) on the principle of ensuring the feasibility of the project's financial plan, balancing the interests of the State, Investor, users, and compliance with legal provisions.”

12. Amend and supplement Article 8 as follows:

“Article 8. Provisions on Road Usage Tickets

1. Road service usage tickets apply to vehicles participating in traffic through toll stations, including: single-trip tickets, monthly tickets, and quarterly tickets.

a) Single-trip tickets are issued with face value according to the charge for one-time use of the service corresponding to each vehicle;

b) Monthly tickets are issued for a period of 30 days from the date of validity with face value according to the monthly charge prescribed corresponding to each vehicle. The face value of the monthly ticket is thirty times the face value of the single-trip ticket. The monthly ticket is used to collect road service usage fees for vehicles participating in traffic through toll stations within the specific period indicated on the ticket from the date of validity of the ticket to the end date indicated on the ticket;

c) Quarterly tickets are issued for a period of 90 days from the date of validity with face value according to the quarterly charge prescribed corresponding to each vehicle. The face value of the quarterly ticket is three times the face value of the monthly ticket with a 10% discount. The quarterly ticket is used to collect road service usage fees for vehicles participating in traffic through toll stations within the specific period indicated on the quarterly ticket from the date of validity of the quarterly ticket to the end date indicated on the ticket.

2. For electronic non-stop toll collection, road service usage tickets are issued in the form of electronic receipts.

3. National Road Tickets apply exclusively to motor vehicles of defense and public security forces paying road usage fees as prescribed by the Ministry of Finance.

a) National Road Tickets apply to vehicles under the Ministry of Defense with red license plates, not applying to other vehicles (including vehicles of the Ministry of Defense without red license plates). The content of National Road Tickets for defense vehicles includes the following information: Issuing Authority (Vietnam Highway Administration); type of vehicle used (including two types: tickets for military passenger cars and tickets for military cargo trucks); ticket size with total length multiplied by width is 12 cm x 8 cm, with color; ticket background is red, letters and numbers are white; license plate number;

b) National Road Tickets for vehicles of the Ministry of Public Security include the following information: Issuing Authority (Vietnam Highway Administration); type of vehicle used includes two types (vehicles under seven seats and passenger cars, buses, transport vehicles, special-purpose vehicles over seven seats); ticket size with length multiplied by width is 12 cm x 8 cm and with color; ticket background is yellow with red stripes vertically along the body of the ticket at one-third of the ticket from left to right, letters and numbers are black; license plate number.

13. Amend and supplement Article 9 as follows:

“Article 9. Management of Road Usage Tickets

1. The printing, issuance, management, use, and refund of tickets (if applicable) shall be carried out in accordance with the law on the management of sales invoices and service provision invoices.

2. Road service usage tickets serve both as control vouchers when vehicles pass through toll stations and as payment vouchers according to the laws on invoice management for goods sales and service provision. Road service usage tickets issued under the single-stop system are only valid at the specific toll station they were issued for. Electronic non-stop road service usage tickets shall be implemented in accordance with regulations on electronic non-stop road service usage fee collection.

3. Road service usage tickets sold per vehicle must correspond to the face value indicated on the ticket. Monthly and quarterly tickets must clearly indicate their validity period and the vehicle registration number. Monthly and quarterly tickets must be used at the designated toll station within the specified validity period. In cases where a vehicle changes its registration number and has adjusted the information at the fee collection unit, it may continue to use monthly and quarterly tickets until their expiration date. When purchasing monthly or quarterly tickets for the first time or when there is a change in the technical safety inspection certificate issued by the inspection authority, the purchaser must present the original or certified copy of the technical safety inspection certificate to purchase tickets at the corresponding rate based on the type of vehicle and "load capacity" as stipulated.

4. In cases where toll stations cease or temporarily suspend collection without specifying a duration, the fee collection unit shall refund the amount paid for monthly and quarterly tickets to the vehicle owner. The refund amount equals the daily fee divided by 30 days (for monthly tickets) or 90 days (for quarterly tickets) multiplied by the remaining validity period of the ticket from the date of cessation or temporary suspension without a specified duration.

5. In cases of disasters, epidemics, natural calamities, or other force majeure events, toll stations must temporarily suspend collection for a specified period upon request of the Competent Authority, and the fee collection unit shall extend the validity period of monthly and quarterly tickets according to the principle that the extension period equals the number of days of temporary suspension.

6. National road tickets shall be issued as follows:

a) Before October 15 each year, the Ministry of National Defense and the Ministry of Public Security prepare an estimate of the quantity and types of national road tickets, specifically categorized for the vehicles needed, and send it to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall print and issue national road tickets in December each year. The validity period of national road tickets is from January 1 to December 31 of each year;

c) After December 15 each year, individuals requesting tickets must bring an introduction letter from the Ministry of National Defense or the Ministry of Public Security clearly stating the name, position of the individual requesting the ticket, the quantity and types of tickets required, along with identification cards/passports to the Vietnam Highway Administration to obtain the tickets. The Vietnam Highway Administration shall provide the requested quantity and types of national road tickets. The agency receiving the tickets shall manage and use them in accordance with the law."

14. Amend and supplement Article 10 as follows:

“Article 10. Responsibility for Implementation

1. The Vietnam Highway Administration shall be responsible for inspecting and supervising the collection of road usage service fees by Investors, Project Enterprises, and fee collection units, and report to the Ministry of Transport in accordance with the regulations.

2. Investors, Project Enterprises, and fee collection units shall be responsible for:

a) Publicly announcing and posting information about fee rates and exempted groups at toll stations in accordance with regulations; implementing the transition from monthly and quarterly tickets to automatic non-stop fee collection systems at toll stations that have already implemented such systems;

b) Collecting, declaring, paying, managing, and using ticket sale proceeds in accordance with the law;

c) Adhering to regulations on inspections and audits in accordance with laws on price management, road traffic, and related laws;

d) Implementing contracts for providing road usage service fee collection services in accordance with the law;

đ) Guiding the use and warranty of end-user cards; opening and managing accounts for road usage service fee collection and prepaid accounts in accordance with the law; storing account information for vehicle owners; providing account balance and transaction history information in accordance with regulations on road usage service fee collection or at the request of the account holder;

e) Providing invoices to users of road services in accordance with regulations on invoices; publicly announcing and posting information about fee rates and exempted groups at ticket sales locations in accordance with regulations; issuing payment receipts for road usage service fees to participating vehicles on behalf of Investors and Project Enterprises;

g) Organizing convenient ticket sales points for vehicle owners to avoid traffic congestion; selling all types of tickets promptly and fully to all users; implementing refunds and extensions of tickets in accordance with Clause 4 and Clause 5 of Article 9 amended in this Circular."

15. Add Appendix III corresponding to Appendix III of this Circular.

Article 2. Repeal and replace certain clauses, articles, and appendices of Circular No. 35/2016/TT-BGTVT dated November 15, 2016, of the Minister of Transport regarding the maximum price levels for road usage services of highway projects managed by the Ministry of Transport for business purposes:

1. Repeal Clause 1, Clause 2 of Article 11;

2. Replace Appendix I, Appendix II with Appendix I, Appendix II of this Circular.

Article 3. Transitional Provisions

1. For vehicles that purchased monthly and quarterly tickets before the effective date of this Circular and have changed vehicle categories, Investors, Project Enterprises, and fee collection units shall adjust the collection rate according to the applicable vehicle category as stipulated in this Circular. The adjusted collection rate is determined by dividing the specific price stipulated in the project contract by the applicable vehicle category by 30 days (for monthly tickets) or 90 days (for quarterly tickets) multiplied by the remaining validity period of the ticket from the effective date of this Circular.

2. National road toll tickets have been issued in accordance with Circular No. 70/2021/TT-BTC dated August 12, 2021, of the Minister of Finance on the collection rates, collection, payment, exemption, management, and use of road usage fees, and continue to be valid until December 31, 2022.

Article 4. Effective date

1. This Circular takes effect from January 15, 2022.

2. Circular No. 60/2018/TT-BGTVT dated December 21, 2018, of the Minister of Transport amending and supplementing certain articles of Circular No. 35/2016/TT-BGTVT dated November 15, 2016, of the Minister of Transport on the maximum service charge rates for using roads in highway projects for business purposes under the management of the Ministry of Transport shall be abolished from the date this Circular takes effect.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, and the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.