Officially collecting fees for temporary use of roadway and sidewalks from September 1, 2023 in Ho Chi Minh City

Officially collecting fees for temporary use of roadway and sidewalks from September 1, 2023 in Ho Chi Minh City

On July 26, 2023, the Chairman of Ho Chi Minh City People's Committee issued Decision 32/2023/QD-UBND of Ho Chi Minh City on temporary management and use of a part of roadway and sidewalks in Ho Chi Minh City.

As prescribed in Decision 32/2023/QD-UBND of Ho Chi Minh City, from September 1, 2023, Ho Chi Minh City will collect a fee for temporary use of roadway and sidewalks. Specifically, the fees are specified as follows:

Fees for temporary use of roadway and sidewalks are collected from organizations and individuals who are allowed to temporarily use roadbeds and sidewalks in accordance with law;

At the same time, in accordance with the planning, plans and regulations of the State on management and use of roadway and sidewalks as prescribed in the Law on Fees and Charges in 2015 and guiding documents.

The collection and payment of temporary use fees for roadway and sidewalks shall comply with the provisions of the Law on Fees and Charges 2015 and its guiding documents.

Which cases are required the permit for temporarily using a part of the street in Ho Chi Minh City?

Pursuant to Article 8 of the Regulation on temporary management and use of part of the roadway and sidewalks in Ho Chi Minh City, issued together with Decision 32/2023/QD-UBND of Ho Chi Minh City stipulating cases of temporary use of a part of the street that must be licensed as follows:

Temporary uses of a part of the pavement require a permit

1. Organize cultural activities (sports, parades, festivals), propagate guidelines and policies of the Party and laws of the State

a) Subjects allowed to use: Organizations permitted by competent state agencies.

b) Scope of use: When the pavement is less than 03 (three) meters wide, only the sidewalks are allowed to be used to organize the installation of banners, slogans, panels, posters, posters, exhibitions, cultural activities, propaganda of the Party's guidelines and policies and the State's laws.

c) Time of use: According to the permit of the People's Committee of the district but not more than 30 days; In case the temporary use time is greater than 30 days, it must be approved by the People's Committee of Ho Chi Minh City.

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2. Parking spots for cultural activities (sports, parades, festivals)

a) Subjects allowed to use: Organizations permitted by competent state agencies.

b) Scope and duration of use: According to the permit of the district-level People's Committee, the time must not exceed the time specified in Clause 1 of this Article.

c) Use licensing agency: District People's Committee.

d) The order and manner of carrying out administrative procedures are specified in Article 12 of this Regulation.

3. Transshipment point for construction materials and waste to serve the construction of works.

a) Permitted subjects: organizations and individuals that are granted construction permits by competent state agencies or works that are exempt from construction permits under the Construction Law.

b) Scope and time of use: According to the permit of the People's Committee of the district, the time is from 10 pm the previous day to 6 am the next day.

c) Use licensing agency: District People's Committee.

d) The order and manner of carrying out administrative procedures are specified in Article 12 of this Regulation.

4. Parking, parking with a fee.

a) District-level People's Committees shall promulgate a list of roads with sidewalks eligible for toll parking spaces.

b) Subjects allowed to use: Organizations that meet the requirements of parking and keeping cars for a fee according to regulations.

c) Scope and duration of use: According to the license of the district-level People's Committee.

d) Use licensing agency: District People's Committee.

dd) The order and manner of carrying out administrative procedures are specified in Article 12 of this Regulation.

Thus, temporary use of a part of the street must be licensed in the city. Ho Chi Minh includes:

- Organize cultural activities (sports, parades, festivals), propagate guidelines and policies of the Party and laws of the State;

- Parking spots for cultural activities (sports, parades, festivals);

- Transshipment point for construction materials and waste to serve the construction of works.

- Parking, parking with a fee.

Which cases are not required the permit for temporarily using a part of the street in Ho Chi Minh City?

Pursuant to Article 7 of the Regulation on temporary management and use of part of the roadway and sidewalks in Ho Chi Minh City, issued together with Decision 32/2023/QD-UBND of Ho Chi Minh City stipulating cases of temporary use of a part of the street that must not be licensed as follows:

Organizing weddings, funerals and parking spots, parking for weddings and funerals

- Scope of use: According to the instructions of the competent authority.

- Time of use: Not more than 48 hours. In special cases, no more than 72 hours for funerals.

- Subjects allowed to use: Registered households residing in the locality.

Note:

Organizations and individuals wishing to temporarily use a part of the street to organize weddings, funerals and parking spots for weddings, funeral must notify the commune-level People's Committee of the place of residence for assistance in settlement.

Commune-level People's Committees have the responsibility to guide and supervise the implementation and facilitate and support households with measures to ensure order, traffic safety, environmental sanitation and urban beauty.

Point of organization of service business, purchase and sale of goods

- The temporary use of the sidewalk as a place to organize service business, purchase and sell goods must be on the list promulgated by the district-level People's Committee.

The People's Committee of Ho Chi Minh City decentralizes the district-level People's Committee to promulgate a list of street sidewalk locations eligible to organize service business, purchase and sell goods.

- Scope of use: A part of the street at the location adjacent to the place where organizations and individuals register for service business, purchase and sale of goods.

- Subjects allowed to use: Organizations and individuals that have a plan to temporarily use the sidewalk as a place to conduct business in services, purchase and sell goods under the guidance of competent state agencies.

Two-wheeler parking spot does not collect parking service fees

- The temporary use of the sidewalk as a parking spot for two-wheelers without charge for parking and parking services must be on the list promulgated by the district-level People's Committee.

The People's Committee of Ho Chi Minh City decentralizes the district-level People's Committee to promulgate a list of sidewalk locations eligible to organize two-wheeler parking spots free of charge for parking services at shops and activities of organizations and individuals.

- Scope of use: Part of the street pavement at the location adjacent to housing projects, business households, headquarters where organizations and individuals register to reside, conduct business activities, buy and sell goods locally.

- Subjects allowed to use: Organizations and individuals that have registered their residence or business activities at the location adjacent to the place where the organization or individual registers their business activities, services or purchases, sell goods.

Location of works and utilities for public transport, installation of temporary works, works in service of traffic organization on pavements, medians, traffic islands:

The People's Committee of Ho Chi Minh City decentralizes the Department of Transport for consideration and approval.

Bicycle lane arrangement:

The People's Committee of Ho Chi Minh City decentralizes the Department of Transport for consideration and approval.

Note: Decision 32/2023/QD-UBND of Ho Chi Minh City takes effect from September 1, 2023

Best regards!