Circular No. 35/2016/TT-BGTVT stipulates the maximum service charge for using roads on highway projects invested in and operated for business purposes under the management of the Ministry of Transport.

CIRCULAR

Regulations on the maximum service charge for using road infrastructure projectsfor business purposes

để kinh doanhunder the management of the Ministry of Transport

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

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

Pursuant to the Government Decree No. 177/2013/NĐ-CP dated November 14, 2013 detailing and guiding the implementation of certain provisions of the Price Law;

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

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

On the proposal of the Director of the Finance Department,

The Minister of Transport issues this Circular regulating the maximum service charge for using road infrastructure projects for business purposes under the management of the Ministry of Transport, including national highways and expressways.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the maximum service charge for using road infrastructure projects for business purposes under the management of the Ministry of Transport, including national highways and expressways.

2. This Circular applies to:

a) Organizations and individuals owning or those granted by the owner the right to possess and use motor vehicles and special-purpose vehicles participating in road traffic (hereinafter referred to collectively as vehicle owners);

b) Investors and project enterprises of road construction projects for business purposes;

c) Other relevant agencies, organizations, and individuals.

Article 2. Explanation of Certain Terms

In this Circular, the following terms are defined as follows:

1. Road traffic vehicle (hereinafter referred to as vehicle) includes motor vehicles and special-purpose vehicles.

2. Road usage service is the act of vehicles participating in road traffic on roads developed for business purposes.

3. Toll station (hereinafter referred to as station) is the place where tolls for road usage services are collected from vehicles participating in road traffic.

4. Investor refers to organizations and individuals implementing investment activities in road construction, upgrading, and renovation projects for business purposes.

5. Project enterprise is the enterprise established by the investor to implement the project.

6. Section is the distance measured in kilometers that vehicles use in road traffic.

7. Toll collection unit (hereinafter referred to as collection unit) is the investor, project enterprise, or entity authorized or assigned by the investor or project enterprise to carry out ticket sales and control.

Article 3. Objects and Vehicle Owners Required to Pay Road Usage Service Charges

1. Vehicles using road services subject to payment of road usage service charges include:

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

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

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

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

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

2. Vehicle owners subject to payment of road usage service charges as stipulated in Clause 1 of this Article must pay such charges, except in cases provided for in Article 4 of this Circular.

Article 4. Objects Exempt from Road Service Usage Fees

1. Ambulances; other vehicles carrying accident victims to emergency sites.

2. Fire trucks.

3. Agricultural and forestry machinery including: plows, harrows, cultivators, weeders, and rice threshers.

4. Flood control vehicles; vehicles performing urgent tasks to prevent floods and storms pursuant to dispatch by competent authorities.

5. Special-purpose vehicles for national defense

a) Tanks, armored vehicles, artillery tractors, vehicles transporting armed forces on maneuvers;

b) Motorized road vehicles with license plates having a red background and white letters and numbers embossed (hereinafter referred to collectively as red license plates) equipped with special devices for national defense (excluding empty cargo trucks) such as: remote construction equipment, cranes, tanks, generators. Specifically, vehicles transporting armed forces on maneuvers are understood to be passenger cars with at least 12 seats, covered cargo trucks with seats installed in the cargo area, bearing red license plates (regardless of whether they are carrying troops or not).

6. Special-purpose vehicles for security services including those specified in point a, Clause 5 of this Article and vehicles of the police force (Ministry of Public Security, Provincial Police, City Police, District Police):

a) Traffic patrol cars of traffic police characterized by: A rotating light on the roof of the car and the words "TRAFFIC POLICE" printed on both sides of the car body;

b) Police 113 cars with the words "POLICE 113" printed on both sides of the car body;

c) Mobile Police vehicles with the phrase "MOBILE POLICE" printed on both sides of the vehicle;

d) Cars of the police force performing duties using one of the priority signals prescribed by law when performing urgent tasks;

đ) Covered cargo trucks with seats installed in the cargo area carrying police force personnel on duty;

e) Special vehicles transporting prisoners, rescue and relief vehicles.

7. Funeral convoys.

8. Convoys with escort and lead vehicles.

9. Cars of the police and national defense forces using the "National Road Fee" ticket according to the regulations of the Ministry of Finance on the collection of road usage fees.

10. Vehicles performing the task of transporting medicines, machinery, equipment, materials, goods to disaster-stricken areas or epidemic zones as prescribed by law in cases of major disasters or dangerous epidemics.

11. Two-wheeled motorcycles, three-wheeled motorcycles, two-wheeled motorized vehicles, three-wheeled motorized vehicles.

Article 5. Conditions for Charging Road Service Usage Fees

Roadways organized to collect road service usage fees must meet the following conditions:

1. Completion of construction and upgrading of road projects approved by competent authorities.

2. Completion of auxiliary facilities for charging road service usage fees, including all types of tickets, organizational structures for collection and ticket control.

Chapter I

PROVISIONS ON PRICES AND FEES FOR ROAD SERVICE USAGE

Article 6. Maximum Price for Road Service Usage

1. The maximum price for a single use of road service is the maximum charge stipulated for each category of vehicle under Clause 1 of 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 based on distance is set out in Appendix II attached to this Circular.

2. The monthly maximum price is the maximum charge for road service usage when a vehicle passes through a toll station within thirty days. The monthly maximum price is calculated as thirty times the maximum price specified in Clause 1 of this Article.

3. The quarterly maximum price is the maximum charge for road service usage when a vehicle passes through a toll station within ninety days. The quarterly maximum price is calculated as three times the monthly maximum price with a ten percent discount.

4. When domestic factors affecting the financial plan of the project fluctuate, the Ministry of Transport will review and adjust the maximum price based on the principles of complying with legal provisions on pricing.

Article 7. Specific price levels for road usage services

The specific price level for road usage services for each project shall be agreed upon by the competent state agency, the Investor, and the Project Enterprise in the Project Contract on the principle that it does not exceed the maximum price level prescribed in Article 6 of this Circular.

Article 8. Tickets for collecting road usage service fees

1. Tickets for collecting road usage service fees apply to vehicles passing through toll stations, including: single trip tickets, monthly tickets, and quarterly tickets.

a) Per-trip tickets are printed with face value according to the collection amount for one-time use of the service corresponding to each type of vehicle;

b) Monthly tickets are issued with a validity period of thirty days from the date of issuance and are printed with a fixed amount corresponding to the monthly collection rate specified for each vehicle. The face value of a monthly ticket is thirty times the face value of a single trip ticket. A monthly ticket is used to collect road usage service fees for vehicles passing through toll stations within the specific period indicated on the ticket from the date of its validity until the end of the period indicated.

c) Quarterly tickets are issued with a validity period of ninety days from the date of issuance and are printed with a fixed amount corresponding to the quarterly collection rate specified for each vehicle. The face value of a quarterly ticket is three times the face value of a monthly ticket, with a ten percent discount. A quarterly ticket is used to collect road usage service fees for vehicles passing through toll stations within the specific period indicated on the ticket from the date of its validity until the end of the period indicated.

2. Per-trip tickets are sold according to the vehicle corresponding to the face value printed on the ticket, without recording the vehicle registration number.

3. Monthly and quarterly tickets must be sold according to the face value indicated on the ticket and must clearly show the usage period and the vehicle registration number. Monthly and quarterly tickets must be used at the correct toll station and within the period indicated on the ticket.

Article 9. Management of tickets for collecting road usage service fees

1. The printing, issuance, management, and use of tickets shall be carried out in accordance with the provisions of the law on invoice management for goods sales and service provision.

2. Tickets for collecting road usage service fees issued for a particular toll station shall only be valid for use at that toll station.

3. When purchasing monthly or quarterly tickets, the purchaser must present a certificate of vehicle registration (original or copy) to purchase tickets at the applicable collection rate based on the type of vehicle and its designed load capacity.

4. Once sold, tickets cannot be refunded or offset against other vehicles' payment obligations (except in cases where the toll station ceases operations pursuant to a decision by the investor or the competent authority).

5. Tickets for collecting road usage service fees serve both as a control document when vehicles pass through toll stations and as a payment receipt.

Chapter III

IMPLEMENTATION

Article 10. Responsibility for Implementation

1. The Vietnam Highway Administration is responsible for inspecting and supervising the collection of road usage service fees by collection units and reporting to the Ministry of Transport in accordance with the provisions of the law.

2. Collection units are responsible for:

a) Publicly announcing and posting information about price levels, payment objects for road usage service fees, and exemption objects for road usage service fees at ticket sales locations and toll stations in accordance with the law;

b) Organizing convenient ticket sale points for vehicle owners and avoiding traffic congestion; promptly and fully selling all types of tickets to all users who need the service;

c) Collecting, declaring, paying, managing, and using ticket sales revenue in accordance with the law;

d) Adhering to regulations on inspection and supervision under the law on price management, road traffic, and related laws.

Article 11. Transitional Provisions

1. For toll stations that have been regulated by the Minister of Finance through Circulars on fee collection, payment, management, and use to repay capital for projects before the effective date of this Circular, they will continue to implement the fee levels stipulated in the Circulars issued by the Minister of Finance until authorized by a competent state agency to adjust them.

2. For the Ho Chi Minh City - Trung Luong Expressway project, starting from January 1, 2017, the fee levels previously defined in Circular No. 14/2012/TT-BTC dated February 7, 2012, and Circular No. 143/2012/TT-BTC dated August 31, 2012, issued by the Minister of Finance, will continue to be applied until authorized by a competent state agency to adjust them, and these fees include VAT.

3. For the Hanoi - Haiphong Expressway project and other expressway projects managed by the Vietnam National Highway Corporation, the project investor may decide on the fee levels according to the pilot mechanisms and policies decided by the Prime Minister until a replacement decision is made, and on the principle that it does not exceed the maximum price level prescribed in Article 6 of this Circular.

4. Other contents related to collection, management, use, collection receipts, and public disclosure of road usage service fees not specified in this Circular shall be implemented in accordance with the guidance provided in the Law on Tax Administration and related guiding documents.

Article 12. Effective Date

1. This Circular takes effect from January 1, 2017.

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

3. In the course of implementation, if any issues arise, agencies, organizations, and individuals should promptly report them to the Ministry of Transport for consideration and resolution./.