Circular No. 32/2024/TT-BGTVT dated November 13, 2024 on management of road usage prices for road construction projects for business purposes under central management

CIRCULAR

ON THE MANAGEMENT OF ROAD USAGE PRICES FOR ROAD CONSTRUCTION PROJECTS FOR BUSINESS PURPOSES UNDER CENTRAL MANAGEMENT

Pursuant to the Law on Prices dated June 19, 2023;

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

Pursuant to Decree No. 85/2024/ND-CP dated July 10, 2024 of the Government on elaboration of the Law on Pricing;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government defining the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Finance and the Director of the Vietnam Road Administration;

The Minister of Transport hereby issues a Circular on the management of road usage prices for road construction projects for business purposes under central management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides regulations on price management, exemptions, and reductions for road usage prices in road construction projects (excluding expressway toll services) for business purposes under central management.

2. This Circular applies to organizations and individuals involved in the business, utilization, and price management of road usage prices for road construction projects (excluding expressway toll services) for business purposes under central management.

Article 2. Entities and vehicle owners liable for road usage prices

1. Entities liable for road usage prices include road vehicles traveling through toll plazas of road construction projects for business purposes under central management (hereinafter referred to as "vehicles").

2. Organizations or individuals owning, using, or managing vehicles (hereinafter referred to as "vehicle owners") that fall under the entities liable for road usage prices as specified in Clause 1 of this Article must pay road usage prices, except for cases exempted under Article 3 of this Circular.

Article 3. Exemptions from road usage prices

1. Ambulances.

2. Fire trucks operated by the Fire and Rescue Police force or other firefighting units mobilized for fire extinguishing missions, equipped with priority signals as prescribed by law.

3. Agricultural and forestry machinery, including tractors, plows, tillers, weeders, and rice threshers.

4. Special-purpose vehicles for national defense, including vehicles with the following characteristics: Red license plates with embossed white letters and numbers, equipped with specialized national defense devices (such as tank trucks, cranes, troop transport vehicles defined as passenger vehicles with 12 seats or more, covered trucks equipped with seating in the cargo area, command vehicles, military inspection vehicles, prisoner transport vehicles, rescue vehicles, satellite communication vehicles, and other specialized vehicles for national defense); vehicles engaged in urgent missions, using one of the priority signals specified by law.

5. Special-purpose vehicles operated by units within the organizational system of the People’s Police, including:

a) Traffic patrol cars of the Traffic Police featuring a rotating beacon light on the roof and the words “CANH SAT GIAO THONG” (TRAFFIC POLICE) printed on both sides of the vehicle;

b) Police cars of Unit 113 with the words “CANH SAT 113” (POLICE 113) printed on both sides of the vehicle;

c) Riot police vehicles with the words “CANH SAT CO DONG” (RIOT POLICE) printed on both sides of the vehicle;

d) Transport vehicles equipped with seating in the cargo area used by the People’s Police on duty;

dd) Vehicles for transporting prisoners, rescue vehicles, and other specialized vehicles used by the People’s Police;

e) Special-purpose vehicles (e.g., satellite communication vehicles, bulletproof vehicles, counter-terrorism and riot control vehicles, and other specialized vehicles used by the People’s Police);

g) Vehicles of the Police force engaged in urgent missions using priority signals as prescribed by law.

6. Special-purpose funeral service vehicles, including:

a) Vehicles specifically designed for funeral services (e.g., hearses and refrigerated trucks for storing and transporting bodies);

b) Funeral service vehicles (e.g., passenger vehicles accompanying hearses, flower transport vehicles, and photo transport vehicles) used exclusively for funeral services with vehicle registration certificates issued under the name of funeral service providers. Funeral service providers must submit a written commitment to the e-toll payment provider confirming that these vehicles are used exclusively for funeral activities, specifying the number and license plates of the vehicles.

7. Vehicle convoys escorted by Traffic Police vehicles.

8. Defense force vehicles participating in drills, troop movements, or transportation of weapons and equipment, escorted by military-specialized vehicles.

9. Police and defense force vehicles using nationwide road toll tickets as prescribed.

10. Flood control vehicles or vehicles on urgent missions for flood and storm prevention as mobilized by a competent authority.

11. Vehicles transporting medicines, machinery, equipment, materials, or goods to disaster-stricken areas or regions affected by epidemics in accordance with the laws on emergencies during major disasters or dangerous epidemics.

12. Motorcycles, mopeds, and rudimentary vehicles.

Chapter II

MANAGEMENT OF PRICES AND ROAD USAGE TICKETS

Article 4. Pricing of road usage services

1. The maximum road usage prices are determined based on principles and grounds specified in Article 22 of the Law on Prices.

2. The Vietnam Road Administration decides on the pricing method in accordance with legal regulations on pricing.

3. When the components affecting the maximum road usage prices change, the Vietnam Road Administration organizes the selection of road construction project enterprises (project enterprises) to develop pricing plans.

4. Selected project enterprises are responsible for preparing pricing plans in compliance with legal regulations on pricing. They must report, explain the pricing plans, and provide necessary documents and dossiers upon request by the Vietnam Road Administration. These enterprises are accountable for the accuracy of their pricing plans.

5. The Vietnam Road Administration is responsible for appraising the pricing plans and submitting them to the Ministry of Transport for the issuance of documents specifying the maximum road usage prices.

6. The preparation, appraisal of pricing dossiers, issuance of pricing documents, or adjustment of prices must comply with legal regulations on pricing.

Article 5. Maximum road usage prices

The maximum price for a single use of road services refers to the highest toll rate applicable for a single vehicle trip passing through a toll plaza.

Article 6. Principles for determining specific prices, discounts, and eligible beneficiaries for road usage services

1. The specific price for a single vehicle trip using road usage services (hereinafter referred to as the single trip fee) shall not exceed the maximum price for each type of vehicle as stipulated in the Decision on maximum road usage prices issued by the Minister of Transport.

2. The monthly price refers to the toll rate applicable for a vehicle using the road services at a toll plaza for a period of 30 days. The monthly price is calculated as 30 (thirty) times the single-trip price specified in Clause 1 of this Article.

3. The quarterly price refers to the toll rate applicable for a vehicle using the road services at a toll plaza for a period of 90 days. The quarterly price is calculated as three (3) times the monthly price, with a 10% discount.

4. The single-trip price, monthly price, and quarterly price for road usage service under each project, categorized by vehicle type, must be agreed upon by the competent authority and the Investor/Project Enterprise within the framework of the project agreement.

5. Based on the socio-economic conditions of the locality where the toll plaza is located, the parties signing the project agreement shall agree on specific discounts and eligible beneficiaries for road usage services. These agreements must ensure the financial feasibility of the project, balance the interests of the State, the Investor, and road users, and comply with applicable legal provisions.

Article 7. Management of road use tickets

1. The printing, issuance, management, usage, and refunding (if applicable) of road use tickets shall comply with the legal regulations on the management of invoices for goods sales and service provision.

2. A road use ticket serves both as a control document for vehicles passing through toll plazas and as a payment receipt, as prescribed by laws on invoice management for goods sales and service provision. A one-stop road use ticket issued for a specific toll plaza is valid only at that toll plaza. Electronic non-stop road use tickets are managed in accordance with the regulations on electronic non-stop toll collection.

3. Road use tickets are sold by vehicle type at the price specified on the ticket. Monthly and quarterly tickets must indicate the validity period and vehicle license plate number. These tickets must be used at the specified toll plaza and within the validity period stated on the ticket. If the vehicle's license plate changes and the owner has updated the information with the toll collection unit, the monthly or quarterly ticket can still be used until its expiration date. When purchasing monthly or quarterly tickets for the first time or when there are changes to the technical specifications on the Certificate of Technical Safety and Environmental Protection Inspection, the buyer must present the certificate issued by the registration authority (original, certified copy, or electronic certified copy) to purchase the ticket corresponding to the applicable toll rate for the vehicle type.

4. If a toll plaza ceases or temporarily suspends toll collection indefinitely, the toll collection unit must refund the unused portion of the monthly or quarterly ticket to the vehicle owner. The refunded amount is calculated by dividing the ticket price by 30 days (for monthly tickets) or 90 days (for quarterly tickets) and multiplying by the number of remaining valid days from the date toll collection ceases or is suspended.

5. In cases of disasters, epidemics, natural disasters, or other force majeure events that require toll plazas to temporarily suspend toll collection as directed by the competent authority, the toll collection unit must extend the validity period of monthly or quarterly tickets. The extension is calculated by adding the number of suspended days to the validity period, provided it does not exceed the remaining valid days of the ticket from the suspension start date.

Article 8. Price declaration

1. The Vietnam Road Administration is responsible for receiving price declaration documents and organizing the updating of declared price information into the National Price Database for road use service providers.

2. The procedures for price declaration submission and acceptance shall comply with the provisions of laws on pricing.

Article 9. Price posting

Investors and project enterprises must publicly post the road usage prices in accordance with Article 29 of the Law on Pricing.

Article 10. Disclosure of price information

Price information disclosure shall comply with Article 6 of the Law on Pricing.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities for implementation

1. Responsibilities of the Vietnam Road Administration:

a) Organize and implement the regulations on price management as stipulated in this Circular;

b) Inspect and supervise the compliance with price management regulations by investors, project enterprises, and toll collection service providers.

2. Responsibilities of organizations and individuals engaged in road use service business:

a) Develop pricing plans and take responsibility for such plans in accordance with this Circular;

b) Declare, disclose, and post information on pricing levels and exemptions for road usage prices at toll plazas, as required by pricing laws;

c) Organize convenient ticket sales points for vehicle owners to avoid traffic congestion;

d) Ensure timely and sufficient ticket sales for all users in need, and execute refunds and ticket extensions in compliance with regulations.

Article 12. Entry into force

1. This Circular comes into force as of January 1, 2025.

2. Annul Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on maximum road usage prices of road construction projects for business purposes under the management of the Ministry of Transport, and Circular No. 28/2021/TT-BGTVT dated November 30, 2021 on amendments to Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on maximum road usage prices of road construction projects for business purposes under the management of the Ministry of Transport, effective from the date this Circular takes effect.

3. Annul Article 1 of Circular No. 07/2023/TT-BGTVT dated May 24, 2023 of the Minister of Transport on amendments to Circulars regarding toll plazas and road usage prices./.