Thông tư liên tịch 152/2014/TTLT-BTC-BGTVT

JOINT CIRCULAR

PROVIDING GUIDANCE ON AUTO TRANSPORT FARES AND ROAD TRANSPORT SUPPORT SERVICE CHARGES

Pursuant to the Law on Road Traffic No.23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;

Pursuant to the Government’s Decree No.86/2014/NĐ-CP dated September 10, 2014 on business and conditions for business in auto transportation;

Pursuant to the Government’s Decree No. 177/2013/NĐ-CP dated November 14, 2013 defining in detail and guiding the implementation of some articles of the Law on Prices;

Pursuant to the Government's Decree No. 215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

The Minister of Finance and the Ministry of Transport have promulgated the Joint Circular guiding the implementation of auto transport fares and road transport support service charges.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular provides guidance on declaration and listing of auto transport fares, and road transport support service charges

Article 2. Regulated entities

1. Regulatory agencies and organizations in connection with management of auto transport and road transport support services.

2. Enterprises, cooperatives and business households who take part in auto transport business (hereinafter referred to as transport enterprises) and in road transport support service business (hereinafter referred to as road transport service providers) in the territory of Vietnam.

Chapter II

PARTICULAR PROVISIONS

Section 1. DECLARATION AND LISTING OF AUTO TRANSPORT FARES

Article 3. Declaration of auto transport fares

1. When setting and adjusting fares, transport enterprises shall carry out declaration of auto transport fares (initial and repeat declaration) including formulation and dispatch of the declaration of fares to regulator agencies according to the provisions set out in Clause 4 of this Article.

2. List of services for declaration of transport fares

a) Fixed-route auto passenger services;

a) Fixed-route buses passenger services;

a) Taxis passenger transport services;

d) In addition to services defined in Points a, b and c of this Clause, based on real-life situations in localities and in case of necessity, the Services of Finance shall collaborate with the Services of Transport on making proposal to People’s Committee of central-affiliated provinces (hereinafter referred to as province-level People’s Committees) for supplementing transport services (contracted transport services, auto transport services for tourists and cargo) and declaration of fares shall be made in the locality.

3. Enterprises to execute declaration of fares

a) The Services of Finance shall collaborate with the Services of Transport on acting as an advisor to province-level People’s Committees on putting forth a list of enterprises executing the declaration of fares in the administrative division.

b) On July 01 annually or at the request of province-level People’s Committees, the Services of Finance shall collaborate with the Services of Transport on acting as an advisor to province-level People’s Committees on checking and revising the list of enterprises to execute the declaration of fares. The list shall be posted on the portals of the Service of Finance and the Services of Transport.

c) Enterprises to execute the declaration of fares shall submit the declaration sheet of fares (hereinafter referred to as the declaration sheet) to the receiving body as defined in Clause 4 hereof.

4. The receiving body

a) Province-level People’s Committees shall assign one of the following agencies the Services of Finance, the Services of Transport and district-level People’s Committee as the receiving body to receive the declaration sheet submitted by enterprises in the province-level administrative divisions, or enterprises with headquarters or branches doing independent cost-accounting in the province-level administrative divisions.

b) In case a transport enterprise with a headquarter (or branch) being located at two ends of the route has made declaration of fares at one end of the route (provincial) according to the provisions of law, declaration of fares shall not be required at the other end but a copy of the document of fulfillment of declaration procedures at the other end issued by local authority bearing a mark of incoming dispatch as regulated should be sent to the receiving body.

5. Date of declaration of fares

a) Enterprises must execute declaration of fares with competent agencies at least 5 (five) working days before applying new fares.

b) Initial declaration of fares is done when the enterprise starts its business or carries out such declaration of fares for the first time according to the provisions of this Circular.

c) Repeat declaration is done when the adjustment of increase or decrease in fares exceeds 3% compared to the preceding declaration due to changes of price components. In case total increase or decrease in fares falls within 3% compared with the preceding declaration, repeat declaration is not required but a written notice of adjusted fares should be sent to the receiving body before new fares are applied.

For example: On June 01, 2013, Enterprise A executed declaration of fares with the Services of Finance. On January 01, 2014, the enterprise adjusted an increase of 2% and repeat declaration is not required but a written notice of adjusted fares should be sent to the Services of Finance before new fares are applied. On June 01, 2014, the enterprise continued to adjust another increase of 2.5% compared with the adjustment made in June 01, 2014; both adjustments create an aggregate increase of 4.55% (102%*(1+2.5%)) compared with the declaration made in June 01, 2013. Thus, the enterprise should execute repeat declaration of fares with the Services of Finance.

6. Content of declaration

a) Fixed-route auto passenger services: declare fares on fixed-routes (amount in VND per passenger or ticket); charges for delivery of cargo on passenger service autos exceeding the defined limit (Amount in VND per kilogram).

b) Fixed-route bus services: fares declared in the following manners: amount in VND per trip, amount in VND per monthly pass (reduced-rate monthly pass applied to some special participants) on the routes operated by the enterprise.

c) Taxis passenger services: fares declared in accordance with the enterprise’ price schedule. Specifically, fares for the first kilometers, fares for subsequent distances or kilometers; fares per trip or for waiting.

d) Other passenger services as defined by province-level People’s Committee (if any), including:

- Contracted passenger services or auto transport services for tourists with fares declared in accordance with the enterprise’s price schedule. Specifically, fares for a day of car service (amount in VND/day), fares for kilometers traveled (amount in VND/kilometer), waiting charge (if any) or other fare measurements as appropriate according to type of transport services.

- Auto cargo transportation services with fares being declared in accordance with the enterprise’s price schedule. Specifically, fares averaged (amount in VND/ton-kilometer), fares for container shipping (amount in VND/container 20 feet.km; VND/container 40 feet.km; VND/container 20 feet; VND/container 40 feet), fares for main routes according to each specific cargo and distance (VND/ton) or other fare measurements as appropriate according to type of transport services.

7. Manner of declaration of fares, process of receiving and checking the declaration sheet.

a) Manner of declaration

The enterprises shall execute declaration of fares including formulation and dispatch of the declaration sheet to the receiving body (02 declaration sheets enclosed with an envelop bearing a stamp, full name and address of organizations, individuals and telephone number of a person responsible) in one of the following manners: make direct delivery, via official dispatches or emails accompanied by an electronic signature, or scanned declaration sheet bearing signature and legal seal stamp to the address notified by the receiving body, make phone call for confirmation and at the same time enclose the declaration sheet to the receiving body.

b) Declaration sheet shall be done according to the provisions set out in Appendix 1 (including Appendixes 1a and 1b) hereof. In case the enterprises’ price schedule is issued, it should be enclosed together with the declaration sheet. In case the enterprise has some incentive policies or discounts for its customers, the declaration sheet should be specified with customer names, level of incentives or discounts.

c) Process of receiving and checking declaration sheet

The process is done according to the provisions set out in Article 16 of the Circular No.56/2014/TT-BTC dated April 28, 2014 of the Minister of Finance.

Article 4. Posting auto transport fares

1. The entity shall post fares of auto transport fares (tickets) appropriately and clearly without causing misunderstanding to customers about the price. Fares should be made in Vietnam dong by means of printing, sticking or writing on boards or in ticket counters, inside or outside of cars as appropriate for visibility to passengers. In addition to declaration of fares in the form of posting, the enterprise should publicize fares in other ways according to the provisions of law.

2. All transport enterprises must carry out posting fares according to the provisions. In case a transport enterprise signs an entrustment contract with a ticket agency (or an enterprise operating public transport stops) for selling tickets to passengers using its cars, such agencies must carry out posting the fares in public transport stops (or ticket agencies) or in ticket counters for the entrusted routes.

3. For manners of posting as defined in Clause 1 of this Article, fixed-route passenger service, taxis passenger service and bus passenger service enterprises should carry out posting fares according to the forms as defined in Appendix 2 hereof, specifically as follows:

a) For fixed-route passenger services: fares shall be posted in ticket counters, inside and outside of cars for visibility to passengers.

b) Taxi passenger services: prices should be posted outside and inside of taxis or underneath taximeters.

c) For buses passenger services: fares shall be posted at the left side in the outside of buses near front doors and inside of buses where visibility to passengers is favorable.

4. Posted prices

a) For fares set by transport enterprises: enterprises subject to declaration shall carry out the posting according to the declared fares; Enterprises not subject to declaration shall carry out the posting according to the fares defined by transport service enterprises ensuring compensation for production cost, profitability and suitability for market price as well as policies of socio-economic development of the country in each period of time.

b) For auto transport fares as set by the State, transport enterprises shall carry out the posting according to the fares decided by regulatory agencies.

c) Transport enterprises are not permitted to charge higher than posted fares.

Section 2. ROAD TRANSPORT SUPPORT SERVICE CHARGES

Article 5. List of road transport support services

1. Road transport support services comprise any service provided in public transport stops, transit stations, forwarding agencies, ticket agencies, cargo collection and transportation, bonded warehousing, road rescue.

2. Specific provisions on road transport support services shall be executed under the instructions by the Minister of Transport.

Article 6. Service charges in public transport stops

1. Services in public transport stops

a) Services at entrances/exits of public transport stops

b) Overnight parking services;

c) Retail space renting services in public transport stops;

d) Other services in public transport stops

2. Services at entrances/exits of public transport stops

a) Powers to define charges for services at entrances/exits of public transport stops

Province-level People’s Committee shall rely on type of public transport stops to define charges for services at entrances and exits of such public transport stops.

b) Units used for measuring service charges are VND/trip, VND/month or VND/turn Service charges are classified according to number of seats designed in cars or types of business (fixed-route cars with distances being taken into account, transit buses, coaches, and cargo transport vehicles, taxies entering and leaving public transport stops for delivery of passengers or loading/unloading cargo...).

c) Common pricing method issued by the Ministry of Finance and the provisions of the Law on road transport shall be served as principles and grounds for determining service charges.

d) The Services of Finance shall carry out appraisal of service charges at entrances and exits of public transport stops and make submission to province-level People’s Committees for decision based on a price plan made by enterprises, cooperatives operating public transport stops according to the provisions set out in Appendix 3 (including appendices 3a and 3b) hereof. Time limit for appraisal of price plan and decision about prices, adjustment of prices shall conform to the provisions set out in Articles 9 and 10 of the Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government defining in detail and guiding the implementation of some articles of the Law on Prices and other relevant legal documents.

3. Overnight parking services: In case overnight parking space invested by organizations, individuals or by the State but transferred to organizations, individuals according to the principles for recovery of investment capital, the provisions of the Law on prices are applied.

Article 7. Road transport support service charges

Road transport support service charges (except services at entrances and exits of public transport stops in Point a, Clauses 1 and 2. Article 6 hereof and services as defined in the Governing Scope of the Ordinance on Fees and Charges) are applied as follows:

1. Road transport service providers upon setting service charges must ensure compensation for production cost, profitability and suitability for market price as well as policies of socio-economic development of the country in each period of time. Posting service charges shall be done according to Article 8 hereof.

2. Based on real-life situations in the locality, in case of necessity, the Services of Finance shall actively collaborate with the Services of Transport on making proposal to province-level People’s Committee for adding the list of transport support services to the list subject to declaration in the locality. Charges shall be posted according to the provisions set out in Clauses 3, 4, 5 and 7 of Article 3 hereof.

3. For ticket agencies: enterprises and cooperatives operating public transport stops upon selling tickets on behalf of transport enterprises shall enjoy a commission on number of tickets sold in accordance with the provisions of law.

Article 8. Posting road transport support service charges

1. Subjects required carrying out the posting of road transport service charges shall be all road transport service providers.

2. Road transport service providers shall carry out posting service charges appropriately and clearly without causing misunderstanding to customers about the price. Charges should be expressed in Vietnam dong by means of printing, sticking or writing on boards, papers, in ticket counters or transaction places ensuring visibility to passengers. In addition to the declaration of fares in the form of posting, road transport service providers should publicize the fares in other manners as appropriate according to the provisions of law.

Chapter III

IMPLEMENTATION AND EXECUTION PROVISIONS

Article 9. Responsibilities of agencies and organizations

1. The Services of Finance, the Services of Transport and district-level People’s Committee

a) Be responsible for controlling auto transport fares and road transport support service charges as assigned by province-level People’s Committees.

b) Guide and inspect the application of auto transport fares and road transport support service charges according to the provisions set out in this Joint Circular and other relevant provisions.

c) In January annually, in case of sudden change in auto transport fares and road transport support service charges in the locality or at the request of competent agencies, the Services of Finance shall work out the declaration sheet submitted by enterprises under local regulatory management and send a report to province-level People’s Committees, the Ministry of Finance and the Ministry of Transport.

2. Transport enterprises and road transport support service providers shall.

a) Comply with provisions on auto transport fares and road transport support service charges set out in this Joint Circular, provisions on price management and other relevant regulations.

b) Carry out the declaration of transport fares, service charges, the posting of fares according to the provisions hereof. Be responsible for explaining or re-declaring fares at the request of the receiving body.

c) Provide transport services, road transport support services according to the declared fares under the provisions of law, publicize information of fares and take responsibility to the law for accuracy and suitability for the declared fares.

d) Provide adequate documents, information relating to the declared, listed and applied fares at the request of competent agencies.

Article 10. Inspect declaration and posting of transport fares and road transport support service charges

1. Inspection of compliance with provisions on declaration and posting of transport fares and road transport support service charges shall be carried out according to the provisions hereof and other relevant provisions.

2. Any enterprise fails to comply with the provisions on declaration and posting of fares, or commits violations of the provisions on formulation, declaration and posting of fares and collection of fares, depending on the nature and severity of violations, shall incur administrative penalty or face a criminal prosecution, or pay compensation for any damage or loss caused according to the provisions of law.

3. Authorities, sequence and procedures of punishment shall follow the provisions of the law on handling of administrative violations.

Article 11. Execution provisions

1. This Joint Circular shall come into force since December 01, 2014 and replace the Joint Circular No. 129/2010/TTLT-BTC-BGTVT dated August 27, 2010 of the Ministry of Finance and the Ministry of Transport providing guidance on auto transport fares and road transport support service charges.

2. General Director of the Department of Price Management (the Ministry of Finance), General Director of Vietnam Road Administration, General Director of the Department of Transport (the Ministry of Transport), within their own functions, duties and authorities, shall direct, instruct and coordinate the inspection of application of the provisions set out hereof and other relevant provisions.

3. Presidents of the province-level People’s Committees shall rely on the provisions of the Law on price management and local actual situations to direct and guide the execution of the provisions set out hereof and other relevant provisions.

Difficulties that arise during the implementation of this Joint Circular should be reported to the Ministry of Finance and the Ministry of Transport for consideration and handling./.