| Số hiệu | 28/2021/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 30/11/2021 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |
|
MINISTRY OF TRANSPORT |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 28/2021/TT-BGTVT |
Hanoi, November 30, 2021 |
CIRCULAR
AMENDMENTS TO CIRCULAR NO. 35/2016/TT-BGTVT DATED NOVEMBER 15, 2016 OF THE MINISTER OF TRANSPORT ON SETTING A CEILING ON THE ROAD TOLLS FOR TOLL ROAD PROJECTS UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT
Pursuant to the Law on Road Traffic No. 23/2008/QH12 dated November 13, 2008;
Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;
Pursuant to the Law on Public – Private Partnership Investment No. 64/2020/QH14 dated June 18, 2020;
Pursuant to the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding a number of articles of the Law on Prices;
Pursuant to the Government’s Decree No. 149/2016/ND-CP dated November 11, 2016 on Amendments to the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding a number of articles of the Law on Prices;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017, defining the functions, duties, entitlements, and organizational structure of the Ministry of Transport;
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The Minister of Transport promulgates the Circular on Amendments to Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on setting a ceiling on the road tolls for toll road projects under the management of the Ministry of Transport.
Article 1. Amendments to Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on setting a ceiling on the road tolls for toll road projects under the management of the Ministry of Transport
1. Amendments to Clause 1 Article 1 are as follows:
“1. This Circular sets a ceiling on the road tolls for toll road projects under the management of the Ministry of Transport including national highways, expressways, road tunnels; cases that are exempted from road tolls or have discounts on road tolls (if any) of toll road projects".
2. Amendments to Point b Clause 2 Article 1 are as follows:
“b. Investors, project enterprises involved in toll road projects, and authorized toll collection companies”.
3. Amendments to Clause 3 Article 2 are as follows:
“3. Toll booth means a booth where road tolls are collected from road vehicles".
4. Amendments to Clause 7 Article 2 are as follows:
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5. Amendments to Article 3 are as follows:
“Article 3. Vehicles and vehicle owners liable to road tolls
1. Road vehicles liable to road tolls include:
a) Group 1: Vehicles with less than 12 seats, trucks with the weight rating of under 2 tonnes; mass transit buses;
b) Group 2: Vehicles with between 12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and under 4 tonnes;
c) Group 3: Vehicles with 31 or more seats; trucks with the weight rating of between 4 tonnes and under 10 tonnes;
d) Group 4: Trucks with the weight rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks;
d) Group 5: Trucks with the weight rating of 18 tonnes or more; 40-foot container trucks.
2. Owners of vehicles liable to road tolls prescribed in Clause 1 of this Article shall pay road tolls, except for those prescribed in Article 4 of this Circular.”
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“Article 4. Road vehicles eligible for road toll exemption”
7. Amendments to Clause 9 Article 4 are as follows:
“9. Cars of the public security and national defense forces using the National Road Ticket prescribed in Clause 3 Article 8 of this Circular”.
8. Amendments to Article 5 are as follows:
“Article 5. Conditions for road toll collection
1. Having the road construction completed according to regulations of a signed contract between a competent state authority and an investor, a project enterprise; or having the road construction completed under a project approved by a competent authority.
2. Having all types of ticket prepared; having regulations on construction, organization, and operation of toll booths fully complied with (all of which are done by the toll collecting entity).”
9. Amendments to Clause 1 Article 6 are as follows:
“1. The maximum price for a time of road use is the maximum toll rate prescribed for each of the vehicle groups specified in Clause 1 Article 3 of this Circular (such price has included value-added tax).
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b) The maximum road toll per distance is prescribed in Appendix II promulgated with this Circular;
c) The maximum tunnel toll per single trip is prescribed in Appendix III promulgated with this Circular.”
10. Amendments to Clause 4 Article 6 are as follows:
“4. When factors constituting the domestic price change, thereby affecting a project’s financial plan, the Ministry of Transport shall consider, adjust the maximum price in accordance with the Law on Prices. The starting price during the formulation of an investment plan in the form of public-private partnership investment shall not exceed the maximum price prescribed in this Circular”.”.
11. Amendments to Article 7 are as follows:
“Article 7. Specific road tolls
1. The specific road toll for each project that applies to each type of vehicle shall be agreed upon by the competent state authority and an investor or a project enterprise in the project contract provided that such price does not exceed the maximum price for each group of vehicle prescribed in Article 6 of this Circular.
2. The parties that sign the BOT contract shall agree on the specific road toll for toll booths that sell single trip tickets according to the socio-economic situation in each period of the locality where the toll booths are placed provided that such price is lower than the price prescribed in Clause 1 of this Article (if any). The act of determining the specific road use price shall ensure the financial feasibility of the project, ensure the benefits of the State, investors, users in accordance with regulations of the law.”
12. Amendments to Article 8 are as follows:
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1. Road toll tickets used for road vehicles passing through toll booths include: single trip tickets, monthly tickets, and quarterly tickets.
a) A single trip ticket is printed with a price to be collected for one time of road use by a passing vehicle;
b) A monthly ticket is valid for 30 days from the date of issuance with a pre-printed price showing the prescribed monthly toll rate per passing vehicle. The par value of a monthly ticket is 30 (thirty) times that of a single trip ticket. A monthly ticket is used to collect road tolls from a road vehicle passing through a toll booth during a specific period; such period is specified on the ticket, counting from the date the ticket becomes valid for use to the date of expiration of its validity;
c) A quarterly ticket is valid for 90 days from the date of issuance with a pre-printed price showing the prescribed quarterly toll per passing vehicle. The par value of a monthly ticket is 3 (three) times that of a monthly ticket, and entitled to a discount of 10%. A quarterly ticket is used to collect road tolls from a road vehicle passing through a toll booth during a specific period; such period is specified on the ticket, counting from the date the ticket becomes valid for use to the date of expiration of its validity;
2. Road toll tickets are issued in the form of electronic receipts for electronic toll collection (hereinafter referred to as “ETC”).
3. National road tickets only apply to cars of the public security or national defense in accordance with regulations of the Ministry of Finance.
a) National road tickets only apply to vehicles with red license plates of the Ministry of National Defense. National road tickets shall not apply to vehicles with any other license plates (even vehicles of the Ministry of National Defense without red licenses). A national road ticket contains the following information: Issuing agency (the Directorate for Roads of Vietnam); types of vehicle (2 types: military cars and military trucks); Size of the ticket: 12 cm x 8 cm; red background, white texts and numbers; license plate;
a) National road tickets that apply to vehicles of the Ministry of Public Security contain the following information: Issuing agency (the Directorate for Roads of Vietnam); 2 types of vehicle (vehicles with less than 7 seats and vehicles with 7 or more seats, passenger vehicles, trucks, special vehicles); size of the ticket :12 cm x 8 cm; yellow background with a red line along its body at the position of 1/3 of the ticket from left to right, black texts and numbers; license plate.
13. Amendments to Article 9 are as follows:
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1. The printing, issue, management, use, and refund (if any) of tickets shall comply with the law on management of invoices for goods and services.
2. A road toll ticket is used as a control document when a vehicle passes through a toll booth and as a receipt in accordance with regulations of the law on management of invoices for goods and services. An MTC ticket (manual toll collection) can only be used at its designated MTC booth. An ETC ticket shall comply with regulations on electronic toll collection.
3. A road toll ticket is sold to a vehicle corresponding to its face value. A monthly or quarterly ticket shall specify the valid period and license plate of the vehicle. If a vehicle has changed its license plate and has adjusted its information at the toll collecting entity, that vehicle can still use its monthly or quarterly ticket until it expires. When a monthly or quarterly ticket is purchased for the first time or when there are changes in a certificate of technical safety inspection and environment protection issued by the registry agency, the buyer shall present the mentioned certificate (original or certified copy) to buy the ticket with a toll corresponding to the type of vehicle and “weight rating” in accordance with regulations on vehicles.
4. If toll booths are out of service or temporarily out of service for an indefinite period, the toll collecting entity shall refund the monthly or quarterly ticket to the vehicle owner. The refund amount is equal to the tolls divided by 30 days (if it is a monthly ticket) or divided by 90 days (if it is a quarterly ticket) multiplied by the remaining valid days of the ticket from the date toll booths are out of service or temporarily out of service for an indefinite period.
5. In case of a disaster, a natural disaster, an epidemic, or other force majeure events, toll booths subject to out of service for a period of time requested by competent agencies, the toll collecting entity shall extend the validity period of monthly and quarterly tickets. The renewal days shall be equal to the number of days toll booths are out of service.
6. National road tickets are issued as follows:
a) Before October 15 every year, the Ministry of National Defense and the Ministry of Public Security shall estimate the number, type of national road tickets with specific types of vehicle and send them to the Directorate for Roads of Vietnam;
b) The Directorate for Roads of Vietnam shall print and issue national road tickets in December every year. Yearly national road tickets will be valid from January 1 to December 31 every year;
c) After December 15 every year, the person who wishes for issuance of the ticket shall bring a letter of introduction from the Ministry of National Defense or the Ministry of Public Security to the Directorate for Roads of Vietnam for issuance, such letter contains his/her full name, his/her position, his/her citizen ID and the number, type of ticket; and the Directorate for Roads of Vietnam shall issue the ticket accordingly. Agencies that are granted national road tickets shall manage and use them in accordance with the law”.”.
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“Article 10. Implementation responsibilities
1. The Directorate for Roads of Vietnam shall examine and supervise the road toll collection of investors, project enterprises, toll collecting entities, and report it to the Ministry of Transport in accordance with regulations.
2. Investors, project enterprises, and toll collecting entities shall:
a) Publicly inform and post up information on toll rates, road vehicles eligible for road toll exemption at toll booths in accordance with regulations; replace monthly and quarterly tickets with ETC method for toll booths that provide ETC services;
b) Collect, declare, submit, and manage the money from selling tickets in accordance with regulations of the law;
c) Comply with regulations on inspection in accordance with the law on price management, road traffic, and relevant regulations.
d) Conduct the contract that provides road toll collection in accordance with the law;
dd) Provide instructions and the tag warranty; open and manage road toll collection accounts, and pre-paid accounts in accordance with regulations of the law; keep vehicle owners' information accounts as archives; provide information on balance and transaction history in accordance with regulations on road toll collection or at the request of the account owner;
e) Provide receipts for road toll users in accordance with regulations on receipts; publicly inform and post up information on toll rates, road vehicles eligible for road toll exemption at ticket-selling places in accordance with regulations; provide road toll receipts for road vehicle owners as authorized by investors or project enterprises;
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15. Supplement Appendix III corresponds to Appendix III of this Circular.
Article 2. Annul, replace a number of articles, clauses, appendixes of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of the Ministry of Transport on setting a ceiling on the road tolls for toll road projects under the management of the Ministry of Transport:
1. Annul Clause 1, Clause 2 Article 11;
2. Replace Appendix I and Appendix II with Appendix I and Appendix II of this Circular.
Article 3. Transitional provision
1. If there are changes in vehicle groups of vehicles whose tickets have been bought before this Circular comes into force, investors, project enterprises, toll collecting entities shall adjust the tolls according to vehicle groups in accordance with this Circular. The adjusted tolls shall be determined by the specific price prescribed in the project contract by vehicle groups specified in this Circular divided by 30 days (if it is a monthly ticket) or divided by 90 days (if it is a quarterly ticket) multiplied by the remaining valid days of the ticket from the date this Circular comes into force.
2. National road tickets issued in accordance with Circular No. 70/2021/TT-BTC dated August 12, 2021 of the Minister of the Ministry of Finance on the toll rate, collection, payment, exemption, management, and use of road tolls, shall continue to be used until December 31, 2022.
Article 4. Entry into force
1. This Circular comes into force as of January 15, 2022.
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Article 5. Implementation
Chief of the Ministry Office, Chief Inspector of Office, Directors of the Directorate for Roads of Vietnam, directors of agencies, organizations, and individuals shall implement this Circular./.
PP. MINISTERDEPUTY MINISTERLe Dinh Tho
APPENDIX I
SCHEDULE OF MAXIMUM ROAD TOLLS PER SINGLE TRIP (Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of the Minister of the Ministry of Transport)
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Vehicle
Maximum price(VND/ticket/time)
1
Vehicles with less than 12 seats; trucks with the weight rating of under 2 tonnes; mass transit buses
52.000
2
Vehicles with between 12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and under 4 tonnes
70.000
3
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87.000
4
Trucks with the weight rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks
140.000
5
Trucks with the weight rating of 18 tonnes or more; 40-foot container trucks
200.000
Notes:
a) The “weight rating” of the vehicles in the above groups is the maximum payload capacity allowed to be in traffic specified in the certificate of technical safety inspection and environment protection (hereinafter referred to as certificate of registry). If the certificate of registry does not specify the mentioned “weight rating”, use the designed one. The number of seats shall correspond to the number of people allowed to be transported;
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c) The “weight rating” of a heavy-duty vehicle means the curb weight of the vehicle specified in the certificate of registry. That “weight rating” is subject to a toll according to the above groups of vehicle;
d) A towing vehicle that does not tow a semi-trailer or a trailer is subject to a toll according to Group 3;
dd) A cargo truck using a towing vehicle towing a semi-trailer or a trailer is subject to a toll according to the "weight rating" of the towed vehicle;
e) A combination of vehicles with a special certificate of roadworthiness is subject to a combination of tolls for each component vehicle;
g) Tow trucks (except for those prescribed in Point e Clause 6 Article 4 of this Circular) shall be exempted from road tolls.
APPENDIX II
SCHEDULE OF MAXIMUM ROAD TOLLS PER DISTANCE (Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of the Minister of the Ministry of Transport)
Group
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Maximum price(VND/km)
1
Vehicles with less than 12 seats, trucks with the weight rating of under 2 tonnes; mass transit buses
2.100
2
Vehicles with between 12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and under 4 tonnes
3.000
3
Vehicles with 31 or more seats; trucks with the weight rating of between 4 tonnes and under 10 tonnes
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4
Trucks with the weight rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks
8.000
5
Trucks with the weight rating of 18 tonnes or more; 40-foot container trucks
12.000
Notes:
a) A distance-based toll rate is based on the vehicle type and distance driven (km), and the unit price corresponding to each type of vehicle (VND/km).
b) The “weight rating” of the vehicles in the above groups is the maximum payload capacity allowed to be in traffic specified in the certificate of technical safety inspection and environment protection (hereinafter referred to as certificate of registry). If the certificate of registry does not specify the mentioned “weight rating”, use the designed one. The number of seats shall correspond to the number of people allowed to be transported;
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d) The “weight rating” of a heavy-duty vehicle means the curb weight of the vehicle specified in the certificate of registry. That “weight rating” is subject to a toll according to the above groups of vehicle;
dd) A towing vehicle that does not tow a semi-trailer or a trailer is subject to a toll according to Group 3;
e) A cargo truck using a towing vehicle towing a semi-trailer or a trailer is subject to a toll according to the "weight rating" of the towed vehicle;
g) A combination of vehicles with a special certificate of roadworthiness is subject to a combination of tolls for each component vehicle;
h) Tow trucks (except for those prescribed in Point e Clause 6 Article 4 of this Circular) shall be exempted from road tolls.
APPENDIX III
SCHEDULE OF MAXIMUM TUNNEL TOLLS PER SINGLE TRIP (Promulgated with Circular No. 28/2021/TT-BGTVT dated November 30, 2021 of the Minister of the Ministry of Transport)
Group
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Maximum price(VND/ticket/time)
1
Vehicles with less than 12 seats, trucks with the weight rating of under 2 tonnes; mass transit buses
110.000
2
Vehicles with between 12 seats and 30 seats; trucks with the weight rating of between 2 tonnes and under 4 tonnes
160.000
3
Vehicles with 31 or more seats; trucks with the weight rating of between 4 tonnes and under 10 tonnes
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4
Trucks with the weight rating of between 10 tonnes and under 18 tonnes; 20-foot container trucks
210.000
5
Trucks with the weight rating of 18 tonnes or more; 40-foot container trucks
280.000
Notes:
a) This schedule applies to the road tunnel which is an independent project;
b) The “weight rating” of the vehicles in the above groups is the maximum payload capacity allowed to be in traffic specified in the certificate of technical safety inspection and environment protection (hereinafter referred to as certificate of registry). If the certificate of registry does not specify the mentioned “weight rating”, use the designed one. The number of seats shall correspond to the number of people allowed to be transported;
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d) The “weight rating” of a heavy-duty vehicle means the curb weight of the vehicle specified in the certificate of registry. That “weight rating” is subject to a toll according to the above groups of vehicle;
dd) A towing vehicle that does not tow a semi-trailer or a trailer is subject to a toll according to Group 3;
e) A cargo truck using a towing vehicle towing a semi-trailer or a trailer is subject to a toll according to the "weight rating" of the towed vehicle;
g) A combination of vehicles with a special certificate of roadworthiness is subject to a combination of tolls for each component vehicle;
h) Tow trucks (except for those prescribed in Point e Clause 6 Article 4 of this Circular) shall be exempted from road tolls.
| Số hiệu | 28/2021/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 30/11/2021 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |
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| Số hiệu | 28/2021/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 30/11/2021 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |