Response to the proposal to change the way road maintenance fees are collected in Vietnam

Response to the proposal to change the way road maintenance fees are collected in Vietnam (Internet image)

Response to the proposal to change the way road maintenance fees are collected in Vietnam

Official dispatch 9733/BTC-CST of 2023 responded to voters' petitions sent after the 5th session of the 15th National Assembly issued by the Ministry of Finance on September 12, 2023.

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Recommend that the Ministry of Finance report to the Government to change the way of collecting road maintenance fees.

In fact, in recent times, many transport businesses across the country have had trucks registered 2-3 months late, but road maintenance fees have not been reduced, increasing business costs, there needs to be a solution that allows some cases to collect road maintenance fees through gasoline and oil, ensuring fairness for people and businesses.

The Ministry of Finance responded to the proposal as follows:

(1) Clause 2, Article 49 of the Law on Road Traffic 2008 stipulates:

"2. The road maintenance fund is formed from the following sources:

a) Annual state budget allocation;

b) Revenue sources related to road use and other revenue sources as prescribed by law.”.

In Clause 1, Article 2, Decree 09/2020/ND-CP dated January 13, 2020 of the Government abolishing a number of legal documents on the Road Maintenance Fund stipulates:

“7. The Ministry of Finance presides over and coordinates with the Ministry of Transport to regulate the collection, remittance, and use of road user fees collected through automobiles uniformly throughout the country, including centrally managed roads. Management and roads are managed by the locality according to the provisions of the law on fees and the state budget. Road use fees collected through automobiles (after deducting collection organization costs) are paid in full to the central budget, used for road management and maintenance.”.

Pursuant to the Law on Fees and Charges, the Law on Road Traffic 2008, Decree 09/2020/ND-CP, and based on the proposal of the Ministry of Transport, the Ministry of Finance issued Circular 70/2021/TT-BTC dated August 12, 2021, regulating the collection rates, collection, payment, exemption, management, and use of road use fees (replacing Circular 293/2016/TT-BTC, Circular 133/2014/TT-BTC, and previous Circular 197/2012/TT-BTC).

Currently, road use fees are collected per vehicle per year, and fees are paid to the registration unit when registering the vehicle.

This revenue has been implemented from 2013 to the present. The method of calculating road user fees per vehicle ensures coverage of all motor vehicles participating in traffic, creating fairness in road user fee collection.

(2) On November 13, 2021, the National Assembly issued Resolution 40/2021/QH15 on central budget allocation in 2022, in Clause 4, Article 3 of the Resolution assigning the Government: “Specifically regulate the collection, payment, and use of road user fees collected through automobile vehicles uniformly throughout the country, including centrally managed roads and locally managed roads; divide between the central budget and the local budget the source of road user fees collected through automobiles at the respective rates of 65% and 35% to spend on road management and maintenance.”.

On December 3, 2021, the Prime Minister issued Decision 2047/QD-TTg on assigning state budget estimates for 2022.

In particular, at Point c, Clause 4, Article 2, the Decision assigns: “The Ministry of Finance presides over and coordinates with relevant ministries and agencies to submit to the Government for promulgation a Decree specifically stipulating the collection, payment, and use of road user fees collected through automobiles uniformly throughout the country, including centrally managed roads and locally managed roads.".

Based on the above regulations, the Ministry of Finance has drafted a Decree stipulating the rates, collection, payment, exemption, management, and use of road use fees.

On April 21, 2023, the Ministry of Finance issued Report No. 62/TTr-BTC to the Government for a draft Decree.

In recent times, the implementation of Circular 70/2021/TT-BTC has not encountered any problems. Therefore, it is recommended that voters in Quang Ninh Province follow current regulations on road use fees.

Official dispatch 9733/BTC-CST was issued on September 12, 2023.

Duong Chau Thanh

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