Proposal for new regulations on collection and use of road usage fees for automobiles

(Chinhphu.vn) - The Ministry of Finance is issuing a Decree regulating the collection rates, collection, payment, exemption, management and use of road use fees collected through vehicle heads for automobiles.

The Ministry of Finance proposes new regulations on collection rates, collection, payment, exemption, management and use of road use fees collected through vehicle heads for automobiles.

The Ministry of Finance said that after nearly 2 years of implementation, Decree No. 90/2023/ND-CP dated December 13, 2023 of the Government regulating the collection rates, collection, payment, exemption, management and use of road use fees (Decree 90) has promoted good effectiveness and efficiency in the management of road use fee collection through the system of inspection facilities nationwide. Specifically as follows:

The promulgation of Decree 90 has ensured the legal basis for collecting road use fees for the road traffic system of both central and local levels nationwide. The provisions of Decree 90 have made the management of road use fees more convenient by overcoming some practical shortcomings. The annual increase in road use fees has contributed significantly to the annual growth in state budget revenue, providing the basis for allocating increased funding for maintenance and repair of the road traffic system nationwide. 2024 is the first year that the total road use fee collection has exceeded the threshold of 14,000 billion VND.

However, up to now, in the process of implementing Decree 90, there have been a number of new situations that have not been regulated in the Decree. For example: vehicles are temporarily seized or detained for 30 days or more, vehicles with expired registration that do not participate in road traffic but are still subject to additional fees; or in the procedures for transport business vehicles requesting to stop operating, there is no specific regulation on the time to resubmit the Application for confirmation of not participating in traffic that has been confirmed by the Department of Construction to the inspection agency...

Similar documents of competent authorities on revocation, liquidation, and auction do not cover the case of inspection of confiscated or recalled cars that are then auctioned or liquidated.

From the above contents, in order to promptly handle issues arising in the process of implementing Decree 90 and implementing the policy on administrative procedure reform, it is necessary to develop and submit to the Government for promulgation a Decree replacing Decree 90.

The Draft Decree consists of 03 Chapters and 11 Articles, specifically:

Chapter I. General provisions, including 05 Articles (from Article 1 to Article 5) stipulates: Scope of regulation; Subjects subject to fees and fee payers; Subjects not subject to fees; Cases of fee exemption; Fee collection organization.

Chapter II. Specific regulations, including 04 Articles (from Article 6 to Article 9) stipulate: Fee collection level; Fee calculation and payment method; Fee management and use; Refund or offset of paid fees.

Chapter III. Implementation, including 02 Articles (Article 10 and Article 11) stipulates: Implementation; Effectiveness.

Subjects and payers of fees

According to the draft, the subjects and payers of the fee include:

1- Automobiles in accordance with the law on road traffic order and safety, which have been granted a vehicle registration certificate, a license plate and a certificate of technical safety and environmental protection inspection (hereinafter referred to as the Inspection Certificate) in accordance with the law, are subject to road use fees, except for those not subject to fees according to the regulations.

Road use fees are not collected for cars with foreign license plates (including cars with registration certificates and temporary license plates) that are permitted by competent authorities to be temporarily imported and re-exported for a limited period of time according to the provisions of law.

2- Organizations and individuals who are owners of automobiles or other organizations and individuals assigned by the owner the right to possess and use automobiles (car owners) subject to road use fees as prescribed in Clause 1 above are the road use fee payers, except for cases of exemption as prescribed.

Non-fee subject

The draft clearly states that cars specified in Clause 1 above are not subject to road use fees in the following cases:

a) Damaged and unusable according to regulations of law on traffic order and safety;

b) Vehicle registration certificate and license plate are confiscated, temporarily seized, temporarily detained or revoked;

c) Vehicles temporarily suspended from traffic for 30 consecutive days or more, including: damaged vehicles that need to be repaired; vehicles used for transport business belonging to enterprises, cooperatives, cooperative unions, business households, and individuals engaged in transport business;

d) Vehicles of enterprises, cooperatives, cooperative unions (enterprises), business households, and business individuals that do not participate in traffic or use public roads (are only granted an Inspection Certificate and are not granted an Inspection Stamp according to regulations on technical safety inspection and environmental protection of road motor vehicles of the Ministry of Construction ) or vehicles that are participating in traffic or using public roads (have been granted an Inspection Certificate and are granted an Inspection Stamp according to regulations on technical safety inspection and environmental protection of road motor vehicles of the Ministry of Construction) are transferred to not participating in traffic or using public roads, and are only used within the scope of: Driving test centers; stations; ports; mineral exploitation areas; agricultural, forestry and fishery farming, production and processing areas; construction sites (transportation, irrigation, energy), entertainment, sports, historical sites, hospitals, schools;

d) Vehicles registered and inspected in Vietnam but operated abroad continuously for 30 days or more;

e) Vehicle stolen for 30 days or more.

The draft clearly states that the above regulation does not apply to cars of the national defense and police forces.

Free cases

Road use fees are waived for toll payers for the following types of vehicles:

1. Ambulance.

2. Fire truck.

3. Specialized vehicles for funeral services, including:

a) Vehicles with specialized structures for funeral services (including: hearses, refrigerated trucks used to store and transport corpses);

b) Funeral-related vehicles (including: passenger vehicles accompanying the hearse, flower trucks, and photo-carrying vehicles) are vehicles used only for funeral activities with a vehicle registration certificate bearing the name of the funeral service unit (including business households and individuals doing funeral service business). The funeral service unit has a written commitment that these vehicles are only used for funeral activities and sent it to the vehicle inspection facility when inspecting the vehicle (specifying the number of vehicles and license plate numbers for each type).

4. Specialized vehicles serving national defense include vehicles with license plates: Red background, white letters and numbers embossed with specialized equipment for national defense (including: tank trucks, crane trucks, vehicles carrying armed forces on the march, understood as vehicles carrying people with 12 seats or more, covered transport vehicles with seats installed in the trunk, control vehicles, military inspection vehicles, specialized vehicles for transporting prisoners, rescue vehicles, satellite information vehicles and other specialized cars serving national defense).

5. Specialized vehicles of units under the organizational system of the people's police include:

a) Traffic police vehicles have the words "TRAFFIC POLICE" printed on both sides of the vehicle;

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

c) Mobile police vehicles have the words "MOBILE POLICE" printed on both sides of the vehicle;

d) Transport vehicles with seats installed in the trunk of police forces on duty;

d) Prisoner transport vehicles, rescue vehicles, and other specialized vehicles of the Ministry of Public Security.

e) Special vehicles (satellite information vehicles, bulletproof vehicles, anti-terrorism and anti-riot vehicles and other special vehicles of the Ministry of Public Security).

Please read the full draft and give your comments here.

Source: https://baochinhphu.vn/de-xuat-quy-dinh-moi-ve-muc-thu-su-dung-phi-su-dung-duong-bo-doi-voi-xe-o-to-102250911172340624.htm