Stuck with sidewalk fee collection, Ho Chi Minh City requests guidance from 2 ministries

On January 17th, the Ho Chi Minh City People's Committee sent a letter to the Ministry of Transport and the Ministry of Finance requesting guidance on the method and development of a plan for collecting fees for the temporary use of roadbeds and sidewalks, which are part of the road transport infrastructure.

Accordingly, based on the Law on Management and Use of Public Assets dated June 21, 2017, and the Law on Fees and Charges dated December 7, 2020, which stipulates that fees for the temporary use of roadbeds and sidewalks fall under the authority of the Provincial People's Council, and based on Clause 1, Article 11 of Government Decree 33/2019 which specifies methods for exploiting road infrastructure assets.

The agency assigned to manage road transport infrastructure assets directly organizes the exploitation of assets, leases the right to exploit road transport infrastructure assets, and transfers the right to exploit road transport infrastructure assets for a limited period.

Ho Chi Minh City has requested guidance from two ministries on the methods and planning for the collection of fees for the temporary use of road and sidewalk space, which are part of the road infrastructure. (Illustrative image)

In cases where it is necessary to exploit road transport infrastructure assets using methods other than those stipulated above, the Ministry of Transport shall take the lead, in coordination with the Ministry of Finance and relevant agencies, in developing a plan for asset exploitation and submitting it to the Prime Minister for consideration and decision.

According to the Ho Chi Minh City People's Committee, regarding the aforementioned exploitation methods, the Law on Management and Use of Public Assets and Decree 33/2019 both stipulate that the unit assigned to manage public assets shall prepare a plan for exploiting road transport infrastructure assets and submit it to the competent authority for approval before commencing exploitation.

Currently, Ho Chi Minh City is implementing the collection of fees for the temporary use of roadways and sidewalks according to Resolution No. 15/2023/NQ-HĐND dated September 19, 2023, of the City People's Council. During the implementation and research of related regulations, the Ho Chi Minh City People's Committee encountered some legal obstacles. Specifically:

Roadways and sidewalks are considered road transport infrastructure assets; however, the methods for temporarily exploiting and using roadways and sidewalks are not yet regulated in the Law on Public Asset Management and Government Decree No. 33/2019/ND-CP.

Next, the applicants for temporary permits to use roadways and sidewalks are mainly individuals and households. Therefore, the unit assigned to manage roadways and sidewalks must prepare an exploitation plan and submit it to the competent authority for approval before issuing permits and collecting fees for temporary use of roadways and sidewalks.

To ensure the timely implementation of temporary road and sidewalk usage fees, the Ho Chi Minh City People's Committee requests the Ministry of Transport and the Ministry of Finance to provide guidance on the methods of operation and the development of a plan for collecting these fees.

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