Circular No. 32/2024/TT-BGTVT on the management of prices for road usage services of highway construction projects for business purposes under central management.

CIRCULAR

||| Regulations on the management of service fees for the use of national highways in highway construction projects for business purposes under central management

___________________

Pursuant to the Price Law dated June 19, 2023;

Pursuant to the Law on Roads dated June 27, 2024;

Pursuant to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government detailing certain provisions of the Law on Prices;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Department of Finance, the Director of the Vietnam Highway Administration;

The Minister of Transport hereby promulgates this Circular stipulating regulations on the management of service fees for the use of national highways in highway construction projects for business purposes under central management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates regulations on the management of service fees, cases of exemption and reduction of service fees for the use of national highways (excluding expressway services) in highway construction projects for business purposes under central management.

Article 2. This Circular applies to organizations and individuals related to the business, use, and management of service fees for the use of national highways in highway construction projects for business purposes under central management (excluding expressway services).

Article 2. Subjects and vehicle owners required to pay service fees for using national highways

Clause 1. The subjects required to pay service fees for using national highways are vehicles traveling through toll stations of highway construction projects for business purposes under central management (hereinafter referred to as vehicles).

Clause 2. Organizations, individuals owning, using, or managing vehicles (hereinafter referred to as vehicle owners) specified in Clause 1 of this Article must pay service fees for using national highways, except for cases stipulated in Article 3 of this Circular.

Article 3. Subjects exempted from paying service fees for using national highways

Clause 1. Ambulances.

Clause 2. Fire trucks of the Fire Prevention and Fighting Police Force and other fire trucks mobilized for firefighting tasks with priority signals as prescribed by law.

Clause 3. Agricultural and forestry machinery including: tractors, plows, harrows, weeders, rice harvesters.

Clause 4. Special-purpose vehicles serving national defense including vehicles with red license plates, white letters and numbers embossed on a red background equipped with specialized devices for national defense (including: water tank trucks, crane trucks, troop transport trucks with at least 12 passenger seats, covered cargo trucks with seats installed in the cargo area, inspection trucks, military inspection trucks, special-purpose prisoner transport trucks, rescue trucks, satellite communication trucks, and other special-purpose trucks for national defense), vehicles currently performing urgent tasks using priority signals as prescribed by law when performing urgent tasks.

Clause 5. Special-purpose vehicles of units belonging to the organizational system of the People's Public Security Forces including:

Point a. Traffic patrol and control cars of traffic police with characteristics: rotating lights on the roof of the car and the words "TRAFFIC POLICE" printed on both sides of the car body;

Point b. Cars of the 113 Police Force with the words "POLICE 113" printed on both sides of the car body;

Point c. Cars of the Mobile Police Force with the words "MOBILE POLICE" printed on both sides of the car body;

Point d. Cargo trucks with seats installed in the cargo area of the People's Public Security Forces performing tasks;

Point đ. Prisoner transport trucks, rescue trucks, and other special-purpose vehicles of the People's Public Security Forces;

Point e. Special vehicles (satellite communication trucks, bulletproof trucks, anti-terrorism trucks, riot control trucks, and other special vehicles of the People's Public Security Forces);

Point g. Vehicles of the People's Public Security Forces currently performing urgent tasks using priority signals as prescribed by law.

Clause 6. Special-purpose vehicles serving funerals, including:

Point a. Vehicles specifically designed to serve funerals (including: funeral cars, refrigerated cargo trucks used to store and transport corpses);

Point b. Vehicles serving funerals (including: passenger cars accompanying funeral cars, flower delivery cars, image escort cars) that are only used for funeral activities and have registration certificates bearing the name of the funeral service unit. Funeral service units must submit a written commitment stating that these vehicles will only be used for funeral activities to the electronic payment service provider (specifying the number of vehicles and their license plate numbers).

Clause 7. Groups of vehicles with traffic police leading the way.

Clause 8. Vehicles of the defense forces participating in exercises, mobile force maneuvers, and weapons transportation with military special-purpose vehicles leading the way.

Clause 9. Cars of the public security and defense forces using nationwide road tickets as prescribed.

Clause 10. Embankment protection vehicles; vehicles currently performing urgent flood prevention and storm response tasks as directed by competent authorities.

Clause 11. Vehicles transporting medicines, machinery, equipment, supplies, and goods to disaster-stricken areas or epidemic zones as prescribed by law on emergency situations in case of major disasters or dangerous epidemics.

Clause 12. Motorcycles, motorbikes, and simple vehicles.

Chapter II

MANAGEMENT OF PRICES AND FEES FOR THE USE OF NATIONAL HIGHWAYS

Article 4. Valuation of Road Usage Services

1. The maximum price for road usage services shall be determined according to the principles and bases stipulated in Article 22 of the Price Law.

2. The Vietnam Highway Administration decides on the application of valuation methods as prescribed by laws on prices.

3. When factors forming the price of road usage services change, affecting the maximum price of such services, the Vietnam Highway Administration shall organize the selection of investment project enterprises engaged in road construction (project enterprises) to develop pricing plans.

4. Project enterprises selected to develop pricing plans shall be responsible for developing pricing plans in accordance with laws on prices, reporting and explaining their pricing plans, providing relevant documentation and files on pricing plans as required by the Vietnam Highway Administration, and bearing responsibility for the pricing plans they develop.

5. The Vietnam Highway Administration shall be responsible for reviewing pricing plans and submitting documents to the Ministry of Transport for issuance of regulations setting the maximum price for road usage services.

6. The establishment, review of pricing plan files, issuance of valuation documents or price adjustments shall be carried out in accordance with laws on prices.

Article 5. Maximum Price Level for Road Usage Services

The maximum price level for a single use of road usage services is the highest collection amount specified for each vehicle when participating in traffic through toll stations.

Article 6. Principles for Determining Specific Pricing Levels, Discount Amounts, and Specific Discount Recipients for Road Usage Services

1. The specific price for a single use of road usage services by a vehicle (hereinafter referred to as the per-use price) shall not exceed the maximum price set for each type of vehicle as decided by the Minister of Transport regarding the maximum price for road usage services.

2. The monthly price is the charge for a vehicle participating in traffic through toll stations within a period of thirty days. The monthly price is calculated as thirty times the price specified in Clause 1 of this Article.

3. The quarterly price is the charge for a vehicle participating in traffic through toll stations within a period of ninety days. The quarterly price is calculated as three times the monthly price with a ten percent discount.

4. The per-use price, monthly price, and quarterly price for road usage services for each project apply to each type of vehicle as agreed upon by the competent authority and the investor, project enterprise in the project contract.

5. Based on the economic and social conditions of the locality where the road usage toll station is located during each period, the parties to the project contract shall agree on specific discount amounts and recipients for road usage services on the principle of ensuring the financial feasibility of the project, balancing the interests of the State, investors, users of road usage services, and compliance with legal provisions.

Article 7. Management of Road Usage Service 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 usage service tickets serve both as control documents when vehicles pass through toll stations and as payment documents under the law on the management of sales invoices and service provision invoices. Road usage service tickets issued in the form of a single stop are only valid at the toll station that issued them. Electronic non-stop road usage service tickets shall be implemented in accordance with regulations on electronic non-stop road usage service fees.

3. Road usage service tickets sold per vehicle shall correspond to the face value indicated on the ticket. Monthly and quarterly tickets must clearly indicate the usage period and vehicle registration number. Monthly and quarterly tickets must be used at the designated toll station and within the period indicated on the ticket. In cases where a vehicle changes its registration number and has updated information with the fee collection unit, it may continue to use the monthly or quarterly ticket until its expiration date. When purchasing a monthly or quarterly ticket for the first time or when there is a change in technical specifications on the Safety Technical Inspection and Environmental Protection Certificate, the purchaser must present the original or certified copy of the Safety Technical Inspection and Environmental Protection Certificate issued by the inspection agency (original or certified copy, or certified electronic copy from the original or certified electronic copy from the original record) to purchase a ticket corresponding to the vehicle type as stipulated.

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

5. In cases of disasters, epidemics, natural disasters, or other force majeure events, toll stations must temporarily suspend collection for a specified period at the request of the competent authority, and the collection unit shall extend the validity period of monthly and quarterly tickets based on the principle that the extension period equals the suspension period but does not exceed the remaining validity period of the monthly or quarterly ticket from the start of the temporary suspension.

Article 8. Price Declaration

1. The Vietnam Highway Administration shall be responsible for receiving price declaration documents and organizing the updating of declared price information into the National Database on Prices for road transport services provided by business organizations.

2. The methods of implementation and receipt of price declarations shall be carried out in accordance with the laws on prices.

Article 9. Price Display

Investors and Project Enterprises shall implement the display of prices for road transport services in accordance with Article 29 of the Law on Prices.

Article 10. Public Disclosure of Price Information

The public disclosure of price information shall be implemented in accordance with Article 6 of the Law on Prices.

Chapter III

IMPLEMENTATION

Article 11. Responsibility for organizing implementation

Article 10. Responsibilities of the Vietnam Highway Administration:

a) Organizing the implementation of regulations on price management as stipulated in this Circular;

b) Conducting inspections and supervision of the implementation of price management regulations by Investors, Project Enterprises, and Service Providers collecting fees for road transport services.

2. Responsibilities of Organizations and Individuals Engaged in Road Transport Service Pricing:

a) Implementing the establishment of pricing plans and being responsible for such plans in accordance with this Circular;

b) Implementing price declarations, public disclosures, and displays of price-related information, including fee exemptions for road transport services at toll stations, in accordance with the laws on prices;

c) Organizing convenient ticket-selling points for vehicle owners to avoid traffic congestion;

d) Timely selling all types of tickets to meet the needs of all users of the service and properly handling refunds and ticket extensions in accordance with regulations.

Article 12. Effective Date

1. This Circular shall take effect from January 1, 2025.

2. Repeal Circular No. 35/2016/TT-BGTVT dated November 15, 2016, issued by the Minister of Transport, which stipulates the maximum price levels for road transport services of road construction projects for commercial purposes managed by the Ministry of Transport, and Circular No. 28/2021/TT-BGTVT dated November 30, 2021, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 35/2016/TT-BGTVT dated November 15, 2016, concerning the maximum price levels for road transport services of road construction projects for commercial purposes managed by the Ministry of Transport, from the date this Circular takes effect.

3. Repeal Article 1 of Circular No. 07/2023/TT-BGTVT dated May 24, 2023, issued by the Minister of Transport, amending and supplementing certain provisions of Circulars on toll stations and prices for road transport services.