Decree No. 56/2014/ND-CP Amending and Supplementing Certain Provisions of Decree No. 18/2012/ND-CP dated March 13, 2012 of the Government on the Road Maintenance Fund

DECREE

Amending and supplementing certain articles of Decree No. 18/2012/NĐ-CP

dated March 13, 2012 on the Road Maintenance Fund

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

At the proposal of the Minister of Transport,

At the proposal of Issuing a Decree amending and supplementing certain articles of Decree No. 18/2012/NĐ-CP dated March 13, 2012 on the Road Maintenance Fund.

Article 1. Amending and supplementing certain articles of Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund as follows:

1. Clause 1 of Article 5 is amended and supplemented as follows:

"1. The annual road usage fee collected per motor vehicle includes:

a) The road usage fee for automobiles, tractors; semi-trailers, truck-trailers pulled by automobiles or tractors and similar types of vehicles (hereinafter referred to collectively as automobiles);

b) The road usage fee for two-wheeled motorcycles, three-wheeled motorcycles, motorbikes, and similar types of vehicles (hereinafter referred to collectively as motorcycles), after deducting the portion paid into the local budget for the People's Commune Council to invest in rural roads under the National Target Program for New Rural Development (hereinafter referred to as the New Rural Development Program)."

2. Clause 1 of Article 6 shall be amended and supplemented as follows:

"1. The road usage fee collected from motorcycles shall be paid into the local budget for investment in rural roads under the New Rural Development Program and supplemented into the local fund.

Based on the proposal of the provincial People's Committee and taking into account the actual situation of the locality at each period, the Provincial People's Council shall decide to allocate all or a proportion of the revenue from the motorcycle road usage fee between the portion paid into the local budget to provide funding for the People's Commune Council to invest in rural roads under the New Rural Development Program and the portion to be supplemented into the local fund. The determination of the allocation ratio must balance the needs for investment in rural roads under the New Rural Development Program and the requirements for managing and maintaining the local road system; it must also be consistent with the local budget revenue and expenditure situation and ensure the proper and effective use of funds."

3. Clause 3 of Article 11 shall be amended and supplemented as follows:

"3. Guidelines for the management of road usage fee collection; specific periods for declaration and payment of the road usage fee (monthly, quarterly, annually, inspection period) for automobiles to suit different fee payers; setting the annual road usage fee rate per vehicle for automobiles and the range of annual road usage fee rates for motorcycles."

4. Supplement Clause 4 to Article 12 as follows:

"4. Drafting and submitting to the Provincial People's Council for decision on allocating all or a proportion of the revenue from the motorcycle road usage fee between the portion allocated for the People's Commune Council to invest in rural roads under the New Rural Development Program and the portion to be supplemented into the local fund; specifying the management and use of the portion of fees retained by the People's Commune Council for investment in rural roads under the New Rural Development Program in accordance with current laws."

Article 2. Effective Date

This Decree takes effect from August 20, 2014.

Article 3. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.