Decision No. 44/2017/QD-UBND dated April 15, 2017 promulgating parking prices in Hanoi

DECISION

PROMULGATING PARKING PRICES IN HANOI

PEOPLE’S COMMITTEE OF HANOI

Pursuant to the Law On Organization of the local government No. 77/2015/QH13 dated June 19,2015

Pursuant to the Law On Fees And Charges No. 97/2015/QH13 dated November 25, 2015

Pursuant to the Law On State Budget No. 83/2015/QH13 dated June, 25, 2015

Pursuant to the Law On Prices No. 11/2012/QH13 dated June 20,2012

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

Pursuant to the Decree No.177/2013/ND-CP dated November, 14,2013 of the Government elaborating some articles of the Law On Prices.

Pursuant to the Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government on amendments to some articles of the Decree No. 177/2013/ND-CP dated November 14,2013.

Pursuant to the Circular No. 25/2014/TT-BTC dated February, 17, 2014 of the Ministry of Finance stipulating the common pricing methods for goods and services.

At the request of: Department of Transport - Department of Finance – Department of Labour, Invalids and Social Affairs - Hanoi Tax Department, in document No. 871/TTrLN: SGTVT-STC-LDTB&XH-CT dated November, 02, 2017, document No. 946/TTrLN:SGTVT-STC dated November 27, 2017 requesting approval for parking prices applied to bicycles, motorbikes and cars in Hanoi.

DECISION

Article 1: Scope of application

This decision stipulates the parking prices applied to bicycles, motorbikes and cars (hereinafter referred to as “vehicles”) in Hanoi.

Article 2: Regulated entities

1. Eligible providers of traditional and smart parking services for bicycles (including electric bicycles and electric motorbikes), motorbikes and cars.

2. Owners of vehicles impounded due to violations of traffic rules.

Exceptions:

2.1 If a vehicle is impounded but its’ operator does not violate the traffic regulations, he/she will not be required to pay for the parking services.

If the vehicle operator already paid for the parking services, the collecting unit shall return the fees to him/her. If the collecting unit is also the provider of parking services, the unit that makes the decision to impound the vehicles shall pay the fees to the parking service provider. This fee shall be taken from the fine for violations of traffic regulations.

2.2 If the impounded vehicle is confiscated under an official decision, then the parking fees shall be taken from the payment for the vehicle sold at auction.

2.3 In case where the impounded vehicle has been transferred to an investigating body, there shall be no parking fees.

3. Parking service providers may apply the fees specified in this Decision to serve cost management of their parking lot projects.

Article 3: Parking prices

1. The prices stipulated in the appendix issued together with this Decision are VAT- inclusive.

2. For state-invested parking services (on-street parking and multi-story parking), the parking fees shall be charged according to section I in the attached appendix.

3. For the parking services invested by non-state sources (inside apartment buildings, shopping malls, parking lots)

The investors shall impose their own parking fees in conformity with Circular No. 25/2014/TT-BTC dated February, 17, 2014 of the Ministry of Finance and on the basis of the expenses. The fees may be adjusted without exceeding limits stipulated in section I of the attached appendix.

The People’s Committees of Districts and of Son Tay town shall consider and solve the problems regarding the parking fees in their areas.

4. Prices for smart parking services are specified in section III of the attached appendix.

5. Prices for parking services provided for vehicles impounded due to violations of traffic regulations are specified in section IV of the attached appendix.

Providers of parking services have the responsibility to: post the prices, methods for collecting payments and the supervisory authority; collect parking fees as listed

Changes in policy or parking fees shall be reported by the People's Committee of districts and Son Tay town and investors to the Transport Department (of Hanoi)

Article 4. Collecting units

1. Organizations and individuals who are granted business registration by a competent authority which includes provision of parking services for people with vehicles in Hanoi.

2. Authorities that have the power to impound vehicles and have adequate parking area and facilities.

The ministries, ministerial-level-agencies, government’s agencies and the People’s Committees in Hanoi shall provide parking space for cadres, civil servants, officials and transactors; They shall not charge these transactors parking fees (according to the Decision No.129/2007/QD-TTg dated August 02, 2007 signed by the Prime Minister on promulgating the regulation on office culture at the national administrative agencies.

Article 5. Managing and using the revenues

1. The revenues from parking fees belong to the service providers. These providers shall fulfill their financial obligations to the government according to the provisions.

2. Where necessary or required by a competent authority, the revenue that remains after fulfilling their financial obligation to the government may be spent in accordance with the regulations.

Article 6. Effect

This Decision shall come into force from January, 01, 2018 and shall replace the decision No. 58/2016/QD-UBND dated December 31, 2016 of the People’s Committee of Hanoi on promulgating parking prices applied to bicycles (including electric bicycles), motorbikes (including electric motorbikes) and cars in Hanoi. The document No. 4484/UBND-KT dated September, 13, 2017 of the People’s Committee of Hanoi on using temporarily smart parking services on the mobile phones (IPARKING) at number 04 district Hoan Kiem, Ba Dinh, Dong Da, Hai Ba Trung.

Article 7. Organizations

Chief of the Ministry Office, People’s Committee of Hanoi, Director of Department of Finance Service, Director of Department of Transport, Director of Hanoi State Treasury, Director General of Hanoi Tax Department, Chairman of the People’s Committee of district, Chairman of the People’s Committee of commune, and other related organizations and individuals shall implement this Decision.

APPENDIX

PARKING PRICES APPLIED TO BICYCLES, MOTORBIKES, AND CARS IN HANOI
(Issued together with the Decision No. 44/2017/QD-UBND, dated December 15, 2017, of the People’s Committee of Hanoi)

I. The specific prices of state-invested parking services (on-street parking; parking in the markets, schools, hospitals, tourist spots, historical monuments, cultural buildings, apartment buildings, commercial centers; and multi-story parking, etc...)

1. Parking prices applied to bicycles (including electric bicycles), motorbikes (including electric motorbikes)

- The prices stipulated here already include the price for keeping helmets (if any)

- Parking period: every time a vehicle enters and leaves the parking place.

- Day time: from 6:00 am to 6:00 pm; Night time: from 6:00 pm to before 6:00 am of tomorrow.

1.1 In urban districts, tourist spots, historical monuments and cultural buildings (not differentiated by locations)

1.2 At the markets, schools and hospitals in urban districts

1.3 In suburban districts (except tourist spots, historical monuments and cultural buildings) and in Son Tay town.

2. Article 3: Parking prices applied to cars

2.1 Parking prices applied to cars per period

- Definition of parking period:

A maximum parking period is 60 minutes. Any parking period exceeding 60 minutes will be charged by adding the fee of one more period to the total amount.

An overnight parking period (from 6:00 pm to 6: 00 am of the following day) equals (=) 6 periods.

Unit: VND/car/time/1 hour

2.2 Contracted monthly car parking:

2.2.1 Parking prices applied to cars, which are charged by seats (including family cars, tour buses and passenger cars)

- The contracted monthly parking prices for cars with up to 9 seats at some apartment buildings, shopping malls, and multi-story parking lots invested by state budget (equipped with supervision system and smart parking services include: cameras used to censor vehicle owners and parking lots, ticket machines used to calculate the total parking fees and to print out bills, and parking insurance): are the same as the on-street parking prices in some districts within the area limited by ring road 1 and on ring road 1. (according to No. 3 listed in the above table)

- The contracted monthly parking prices for cars with more than 9 seats at other apartment buildings, shopping malls, and multi-story parking lots invested by state budget are the same as the on-street parking prices in some districts within the area limited by ring road 2 and on ring road 2 (according to No. 4 listed in the table above).

- The contracted monthly parking prices for cars with up to 9 seats at some resettlement apartment buildings invested by state budget are the same as the on-street parking prices in districts within area limited by ring road 3 and on ring road 3 (according to number 5 listed in the table above).

2.2.2 Parking prices applied to trucks which are charged by metric tons.

Maximum parking prices invested by non-state budget:

For the parking services invested by non-state budget: The investors shall follow the guide in Circular No.25/2014/TT-BTC dated February 17, 2017 of the Ministry of Finance to decide the maximum service prices, which are no more than the specific prices listed in section I.

Prices of smart parking service:

1. Parking prices per period

Definition of parking period:

A maximum parking period is 60 minutes. Any parking period exceeding 60 minutes will be charged by adding the fee of one more period to the total amount

- From 6:00 pm to before 6:00 am of the following day:

An overnight parking period equals (=) 6 periods (ex: one period charge is 25.000 VND x 6 = 150.000 VND/vehicle.

In cases where the vehicle owners park for periods only (without overnight service): charge by using the below specific prices:

1.2 Provision on paying methods: for vehicle owners who pay via message using a phone number with 4 digits: 9556, or pay with international and/or domestic credit cards.

In cases where the vehicle owners pay via message using a phone number with 4 digits: 9556: they shall pay according to the prices in the below table and shall also pay the SMS fees (10% of transaction value). They shall also pay for the fees required by the network center and which are publicly posted at the parking lots.

Calculation unit: VND/vehicle/time = 60 minutes

2. 2.2 Contracted monthly car parking:

- 1.2 Provision on paying methods: for vehicle owners who pay using international and/or domestic credit cards.

- Prices for cars which are charged by seats and trucks which are charged by weight: these prices are the same as the monthly prices for cars listed in the above section 2.2 and also depend on the location.

Changes in parking fees shall be reported by the parking service providers to the Department of Finance and later to the People's Committee of Hanoi to adjust the prices.

Parking prices for impounded vehicles:

1. People who have vehicles impounded due to violations of traffic regulations.

2. In cases where the impounded vehicles are confiscated, the parking prices shall be based on: types of the vehicles, number of seats, weights, types of parking lots and service time.
Apply the contracted parking prices according to the table below. However, the maximum prices shall be the same as the amount of money gained from selling the confiscated vehicles. This amount is gained after deducting some reasonable fees according to the provision of selling confiscated vehicles.

For bicycles, electric bicycles, electric motorbikes, cyclos

2.2 For motorbikes and auto-rickshaws

Article 3: C

- 2.2.1 Parking prices applied to cars which are charged by seats (including family cars, tour buses and passenger cars)

- 2.2.2 Parking prices applied to trucks calculated by metric tons