Nghị định 56/2014/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 18/2012/ND-CP OF MARCH 13,2012, ON ROAD MAINTENANCE FUNDS (*)

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Road Traffic;

At the proposal of the Minister of Transport,

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 18/2012/ND-CP of March 13, 2012, on road maintenance funds.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 18/2012/ND-CP of March 13, 2010, on road maintenance funds, as follows:

1. To amend and supplement Clause 1, Article 5 as follows:

“1. Road tolls annually collected per road motor vehicle, including:

a/ Road tolls for automobiles, tractors; trailers or semi-trailers towed by automobiles, tractors and similar vehicles (below collectively referred to as automobiles);

b/ Road tolls for motorbikes, three-wheeled motorcycles, mopeds and similar vehicles (below collectively referred to as motorcycles) after deducting local budget remittances for investment in rural roads by commune-level People’s Committees under the National Target Program on Building of a New Countryside (below referred to as the Program on Building of a New Countryside).”

2. To amend and supplement Clause 1, Article 6 as follows:

“1. Road tolls for motorcycles shall be remitted into local budgets for investment in rural roads under the Program on Building of a New Countryside and channeled into local funds.

At the request of provincial-level People’s Committees and based on the practical situation of localities in each period, provincial-level People’s Councils shall decide to spend the entire collected toll amount from motorcycles or a certain proportion of the amount to be channeled into local funds to the collected toll amount to be remitted into local budgets for investment in rural roads by commune-level People’s Committees under the Program on Building of a New Countryside. The determination of such proportion must ensure the balance between the demand for investment in rural roads under the Program on Building of a New Countryside and the requirement for management and maintenance of the local road system; and be suitable to actual revenues and expenditures of local budgets, and ensure the proper and efficient use of the funds.”

3. To amend and supplement Clause 3, Article 11 as follows:

“3. To guide the management of collection of road tolls; to specifically prescribe the period for declaration and remittance of road tolls (monthly, quarterly, yearly or according to the registration period) for automobiles suitable to toll payers; and to promulgate the annual road toll per vehicle for automobiles and annual road toll tariff for motorcycles.”

4. To add Clause 4 to Article 12 as follows:

“4. To elaborate and submit to provincial-level People’s Councils for decision on spending the entire collected toll amount from motorcycles or a certain proportion of the amount to be channeled into local funds to the collected toll amount to be remitted into local budgets for investment in rural roads by commune-level People’s Committees under the Program on Building of a New Countryside; and to prescribe the management and use of the toll amount retained to commune-level People’s Committees for investment in rural roads under the Program on Building of a New Countryside in accordance with current laws.”

Article 2. Effect

This Decree takes effect on August 20, 2014.

Article 3. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-