CIRCULAR

ON THE RATE, COLLECTION, SUBMISSION, WAIVER, ADMINISTRATION AND USE OF THE ROAD USE FEE

Pursuant to the Law of fees and charges dated November 11, 2015;

Pursuant to the Law of state budget dated June 25, 2015;

Pursuant to the Law of road traffic dated November 15, 2008;

Pursuant to the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 on details and guidelines for the implementation of certain articles of the Law of fees and charges;

Pursuant to the Decree No. 139/2018/ND-CP dated October 8, 2018 requirements for motor vehicle inspection service business;

Pursuant to the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020 on elaboration of the Law of tax administration;

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Pursuant to the Government's Decree No. 09/2020/ND-CP dated January 13, 2020 on the annulment of some legislative documents on Road maintenance fund;

At the request of the Director of the Tax Policy Department;

Minister of Finance promulgates the Circular on the rate, collection, submission, waiver, administration and use of the road use fee.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular defines the rate, collection, submission, waiver, administration and use of the road use fee (collected per vehicle).

Article 2. Vehicles subject to road use fee

1. Vehicles subject to road use fee are motor vehicles for road transport, which have been registered for operation (with the certificate of vehicle registration and number plate, inspection certificate), including automobiles, tractor units and similar vehicles (hereinafter referred to as automobiles).

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a) Being damaged by an accident or natural disaster.

b) Being seized or stripped of certificate of vehicle registration or number plate.

c) Being rendered inoperative by a serious accident and requiring repair for at least 30 days.

d) Being commercial transport vehicles of transport companies, cooperatives and cooperatives unions (hereinafter referred to as companies), which cease operating in at least 30 consecutive days.

dd) Neither entering the traffic flow nor employing the roadways in the road transport system (only obtaining inspection certificate and not obtaining inspection stamp as prescribed by the Ministry of Transport regarding vehicle safety and emission inspection for road motor vehicles), but operating within the land area of a driving test center, station, port, mine, agricultural or forestry zone; construction work (traffic, irrigation, power).

e) Being registered and inspected in Vietnam but operating abroad in 30 consecutive days or more.

g) Being stolen for a minimum period of 30 days.

3. The fee shall be exempted in the circumstances defined in Section 2 of this Section if the documents defined in Article 9 of this Circular are submitted accordingly.  The owners of such automobiles for which the road use fee has been paid shall be refunded the fee amount paid (for the inoperative automobiles damaged, seized or stripped of the certificate of vehicle registration or number plate) or receive a deduction to the fee amount payable in the following period (for automobiles in operation) in accordance with the period of time in which the automobiles do not operate on the roads.

4. Section 2 of this Article does not apply to the automobiles of national defense forces and police.

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Article 3. Fee waiver

The road use fee is waived for:

1. Ambulance.

2. Fire engine.

3. Funeral vehicles, including:

a) Vehicles specifically structured for funeral (hearse and refrigerated truck for carriage and storage of corpses).

b) Vehicles used only for funeral services (passenger vehicle accompanying the hearse, flower-carrying vehicle, portrait-carrying vehicle) and registered under a funeral service provider.  The funeral service provider shall give a written undertaking (which specifies the quantity and plate number of the vehicles) to use such vehicles for funeral activities to the registry agency (upon the inspection of the vehicle).

4. Vehicles specialized for national defense, which are road motor vehicles carrying a number plate with red background and embossed white numerical and alphabetical characters and fitted with national defense equipment (a tanker vehicle, crane truck, a personnel carrier refers to a passenger automobile with at least 12 seats or a transport truck with seat-fitted covered body, and other specialized vehicles fitted with a red-painted number plate).

5. Security vehicles of police forces including:

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b) Police cars of the 113 unit, which display the word: "CẢNH SÁT 113" (113 POLICE) on both sides of their body.

c) Mobile police cars that show the word: "CẢNH SÁT CƠ ĐỘNG" (MOBILE POLICE) on both sides of their body.

d) Vans with seat-fitted covered body, which transport police personnel on duty.

dd) Prisoner transport vehicles, rescue vehicles.

e) Special-service cars (satellite information vehicles, bulletproof vehicles, anti-terrorism, riot prevention vehicles and other special vehicles of the Ministry of Public Security).

Article 4. Payer and collector

1. The owner, user or manager of a vehicle (hereinafter referred to as the vehicle possessor) which incurs the fee pursuant to Article 2 of this Circular shall be the payer of the road use fee.

2. Fee collectors are:

a) Directorate for Roads of Vietnam shall collect fee on automobiles of national defense and police forces.

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Chapter II

SPECIFIC PROVISIONS

Article 5. Rate of fee

The rate of the road use fee is defined in Appendix I to this Circular.

Fee collectors shall round the fee amount payable with small change in the manner that an amount with a change of less than VND 500 is rounded down while a change of VND 500 to less than VND 1,000 is rounded to VND 1,000.

Article 6. Calculation and payment

1. For the automobiles registered under organizations and individuals in Vietnam (except the vehicles of police and national defense forces as defined in Section 2 of this Article).

The road use fee shall be levied on an initially inspected vehicle from the date of issue of the certificate of registration.  The road use fee shall be levied on a vehicle converted or transferred from an organization to an individual (or vice versa) from the date of conversion or the date of change to ownership as shown in the vehicle’s new registration card.

The road use fee shall be levied per year, per month or at inspection intervals.   Registry agencies shall issue road use stamps that match the duration paid for. The process occurs in the following manner:

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a.1) For automobiles inspected at 1-year or shorter intervals: vehicle owners shall pay the road use fee for the duration of the entire inspection interval and receive a road use stamp that matches the duration paid for.

Example 1: Mr. A’s car is at a 6-month interval (from January 01, 2022 to June 30, 2022). On January 01, 2022, Mr. A has his car inspected and pays the road use fee to the registry agency.  The registry agency inspects the car, collects the road use fee and issues a 6-month road use stamp.

a.2) For automobiles inspected at intervals of more than 01 year (18, 24 and 30 months): vehicle owners shall pay the road use fee per year (12 months) or for the duration of the entire inspection interval (18, 24 and 30 months).

If the fee is paid for the duration of the inspection interval (18, 24 and 30 months), the registry agency shall issue a road use stamp commensurate with the inspection interval. At the end of the paid duration (inspection interval), the vehicle owner shall have his vehicle inspected and pay the fee for the following inspection interval.

If the fee is paid per year (12 months), registry agencies shall issue a road use stamp that match the paid duration of 12 months.  At the end of the paid duration (12 months), the vehicle owner shall pay the fee to the registry agency and receive a stamp (for the duration of another 12 months or the remaining length of the inspection interval).

Example 2: Mr. B’s car is inspected at a 30-month interval (from January 01, 2022 to June 30, 2024). On January 01, 2022, Mr. B has his car inspected. Mr. B is given the option to pay the fee for 01 year (12 months) or for the entire inspection interval (30 months).

If Mr. B pays the fee for the entire inspection interval, the validity of the road use stamp shall be 30 months.

If Mr. B pays the fee per year, the registry agency shall issue a road use stamp valid for 12 months.  At the end of 12 months on January 01, 2023, Mr. B has to pay the road use fee for another 12 months (or for the remaining 18 months of the inspection interval) and receives the road use stamp commensurate with the duration paid for (12 months or 18 months).  If paying the fee for a duration of 12 months, Mr. B shall, on January 01, 2024, pay the fee for the remaining 06 months (from January 01, 2024 to June 30, 2024) and receive a 6-month road use stamp.  On July 01, 2024, Mr. B shall have his car inspected and pay the fee for the next interval.

a.3) If an owner has his vehicle inspected earlier or later than the deadline prescribed, the registry agency shall inspect the vehicle and determine the road use fee for a successive duration that spans from the end of the duration previously paid for to the end of the subsequent inspection interval (if the subsequent inspection interval exceeds 12 months, the vehicle owner may pay for the duration of up to 12 months or the entire inspection interval). If the duration to be paid for does not constitute a full month, the fee amount payable shall be calculated by multiplying the result of the division of such deficient duration by 30 days with the fee rate for 01 month.

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The registry agency inspects the car and issues an inspection stamp for the subsequent 6-month interval from August 20, 2022 to February 19, 2023. As Mr. C paid the fee for a duration extending to August 31, 2022, the registry agency shall calculate and collect the road use fee for the duration from September 01, 2023 to February 20, 2023 (05 months 20 days) in the following manner:

The fee amount payable = 5 months x VND 130,000/month + (20/30) x VND 130,000/month = VND 736,670.

Example 4 on late inspection: the hypothetical situation resembles that of example 3 but Mr. C has his car inspected on September 15, 2022 (15 days late).

The registry agency inspects the car and issues an inspection stamp for the subsequent 6-month interval from September 15, 2022 to March 14, 2023. As Mr. C paid the fee for a duration extending to August 31, 2022, the registry agency shall calculate and collect the road use fee for the duration from September 01, 2022 to March 14, 2023 (06 months 15 days) in the following manner:

The fee amount payable = 6 months x VND 130,000/month + (15/30) x VND 130,000/month = VND 845,000.

a.4) If a vehicle owner owes the road use fee for previous inspection intervals prescribed, the vehicle owner shall not only pay the fee for the following interval but also incur the unpaid fee for previous intervals. If the inspection interval commences before January 01, 2013, the fee shall be charged from the date of January 01, 2013. Registry agencies shall claim the fee amount due for previous intervals, which equal to the 1-month fee rate multiplied with the duration of deferred payment.

a.5) If a vehicle owner desires to pay the fee for a duration that exceeds the inspection interval, the registry agency shall collect the fee and issues a stamp commensurate with the duration paid for.

a.6) Regarding vehicles confiscated or seized by competent authorities; vehicles of administrative agencies, public sector entities; vehicles of national defense and public security forces to be liquidated; vehicles put up as collateral seized by a bank while the vehicles are seized and awaiting sale without inspection for operation on road. After the vehicles are sold, the new owners are only required to pay the road use fees from the time when the vehicles are inspected for operation on road. Upon inspection for operation, the owner shall submit the following documents to the registry agency: Decision on confiscation or seizure of the competent authority; decision on seizure of collateral; decision on approval for liquidation of assets of administrative agencies, public sector entities, national defense and public security forces; record or contract for completion of formalities for purchase of assets being liquidated or sold at auction.

In the event that the fee on the vehicle seized and sold has been paid after the re-inspection for operation, its owner shall pay the fee for a duration that succeeds the paid duration of the previous interval.

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Organizations and companies that desire to pay the fee per calendar year shall notify registry agencies in writing (for the first time or upon an increase or decrease in the quantity of vehicles) and pay the fee on their vehicles per calendar year.

Vehicle owners, on annual basis and before the 1st of January of the following year, shall pay the following year’s fee to registry agencies. Registry agencies, when collecting the fee, shall issue stamps for each vehicle for the duration paid for.

Example 7: Company A notifies the registry agency Y in writing of the former’s declaration and payment of the fee on its 10 vehicles for the calendar year of 2022; thus, Company A shall, before January 01, 2022, declare and pay the fee for the year of 2022 to the registry agency Y and receive the stamps for the 10 vehicles (each).

c) Fee payment on monthly basis

Companies that incur the fee of VND 30,000,000/ month or higher shall be allowed to pay the fee per month.  Companies and cooperatives shall thereof notify registry agencies in writing (for the first time or upon a change to the quantity of vehicles) and pay the fee on their vehicles per month. Companies shall, on monthly basis and before the 01st of the successive month, pay the successive month's fee to the registry agencies (with which the monthly subscription is registered).  Registry agencies, when collecting the fee, shall issue stamps commensurate with the duration paid for.

Example 6: Company B has 50 cars and incurs a monthly fee of VND 30 million; thus, Company B is allowed to pay the fee on monthly basis. In order to pay the fee for September 2022, Company B shall, before September 01, 2022, notify the registry agency X in writing and pay the fee on its 50 vehicles. Upon paying the fee, the owner of such vehicles shall receive the fee stamps for September 2022. Company B, on monthly basis and before the 01st of the following month, shall pay the fee on its vehicles.

2. For the automobiles of national defense and police forces:

a) the fee shall be paid on annual basis at the rate defined in the fee schedule in Appendix I to this Circular.

- “National road fee” tickets are valid for the Ministry of National Defense’s vehicles carrying a red-painted number plate but invalid for those carrying other number plates (including the Ministry of National Defense’s vehicles not carrying a red-painted number plate).  The content of a "national road fee” ticket valid for national defense vehicles specifies the place of issue (Directorate for Roads of Vietnam); vehicle type (military car and military truck) and plate number The length and width of a ticket is 12 cm x 8 cm. The background color of a ticket is red and the color of numerical and alphabetical characters is white.

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- Ministry of National Defense and Ministry of Public Security shall, on annual basis, make and send the estimate of the quantity and type of "national road fee” tickets in demand to Directorate for Roads of Vietnam.

- The Ministry of National Defense, Ministry of Public Security shall request for issuance of “national road fee” tickets at the Directorate for Roads of Vietnam as follows:

When the time for ticket issuance comes, the applicant for ticket shall bring the letter of recommendation of the Ministry of National Defense or the Ministry of Public Security, which specifies: Full name, position of the applicant for ticket; quantity and type of the ticket in need together with ID card/citizen identity card to the Directorate for Roads of Vietnam to enable the tickets to be issued.

Directorate for Roads of Vietnam shall issue the "national road fee” tickets with the quantity and type at request.  Based on the issued tickets, Directorate for Roads of Vietnam shall collect the road user fee as to automobiles of national defense and public security forces.

Article 7. Fee receipt

1. Fee collectors shall issue fee receipts to payers when collecting the fee as per Circular No. 303/2016/TT-BTC dated November 15, 2016, guiding the printing, issuance, management and use of documents for the collection of charges and fees belonging to the state budget.

2. The Directorate for Roads of Vietnam shall issue “national road fee” tickets to automobiles of national defense and public security forces upon issuance of the fee receipt as prescribed in clause 1 of this Article.

Article 8. Administration and use of the fee

1. Directorate for Roads of Vietnam remit all the fee received to the state budget. The fund for covering the costs incurred in fee collection shall be set aside from the state budget as allocated in the estimate of the collector as prescribed.

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2. For registry agencies

a) Fee collectors can retain one point two percent (1,32%) of the amount of road use fee actually collected for:

- The expense of fee collection as per regulations.

- The three percent (3%) of the fee amount retained (1,32%) shall be transferred to the Vietnam Register for the nationwide registry agencies' system of management of the collection and payment.

b) A portion of the fee amount collected shall be refunded to the entities that do not incur the fee pursuant to Section 2, Article 2 of this Circular.

c) The remaining portion of the fee amount collected (less those defined in Point a and Point b of this Section) shall be transferred (direct transfer or possibly through commercial banks) to the Vietnam Register.  Vietnam Register shall submit this fee amount into the budgetary contribution account at the State Treasury within no more than 05 working days from the date of fee collection.

3. Vietnam Register and the Directorate for Roads of Vietnam shall declare, submit and finalize the fee amount collected on monthly and annual basis, respectively, according to Decree No. 126/2020/ND-CP dated October 19, 2020 by the Government on guidelines for the implementation of certain articles of the Tax Administration Law. The Vietnam Register shall remit the fee (specified in point c section 2 of this Article), Directorate for Roads of Vietnam shall remit 98,8% of the fee collected to the state budget under the Chapter for the Ministry of Transport and under Subheading as per current regulations of the Government; as the spending on the maintenance of the road infrastructure system as prescribed in the Law on Road Traffic.

4. The fee amount retained for fee collection:  if the collection of the fee is recorded in entries under the corporate financial accounting regime, the fee amount retained shall be the collector’s income and declare taxes (VAT, corporate income tax) as per the tax law. If the collector is an administrative agency or public service provider, the fee amount retained shall be managed and used as prescribed.

Article 9. Refund or crediting of fee payments

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a) Before having an automobile defined in Point c, Section 2 of Article 2 repaired, its owner is required to present the accident scene record endorsed by the relevant police unit and return the inspection stamp and inspection certificate to the nearest registry agency to evince the refund of the fee amount after the vehicle is repaired and re-inspected to resume operation.

b) The application for refund or credit against the amount of road use fee in the following period (hereinafter referred to as fee reimbursement) includes:

b.1) The form of application for fee refund or crediting or as defined in Form II annexed to this Circular.

b.2) The copies of written evidences of the duration during which the vehicle defined in Point a and b, Section 2, Article 2 is unavailable (such as a competent authority’s decision on vehicle seizure or revocation of the registration card and number plate).

b.3) The copy of the fee receipt.  If the fee receipt is lost, the owner of the vehicle shall request the registry agency that collected the fee to provide a copy of the receipt.

b.4) Apart from the said documents, the owner of an automobile defined in Point c, Section 2 of Article 2 shall provide the record of retrieval of inspection stamp and inspection certificate, as defined in Appendix III to this Circular.  The duration commensurate with the fee amount refunded or credited shall be counted from the date of the functional agency's retrieval of the stamp and certificate of inspection.

c) The application for fee refund is filed to the registry agency. The applicant shall bring the originals of the copies, upon submitting the application, for the registry agency to examine and compare papers.  The registry agency shall affix the receipt stamp upon receiving an application, write the time of receipt and note the documents included in the application.

If the application is insufficient, the registry agency shall notify the applicant in 03 working days upon the former’s receipt of the application for the latter’s supplements.

d) In no more than 03 working days upon receiving an application for fee refund, the head of the registry agency shall consider the application and issue the decision on fee reimbursement, as defined in Appendix IV, or notify the applicant in writing via the form defined in Appendix V to this Circular.

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g) The decision on fee refund/crediting shall evidence the registry agency's declaration and finalization of the fee amount refunded or credited against the fee amount payable in the following period in the accounting record.

2. Being commercial transport vehicles of transport companies, which cease operating in at least 30 consecutive days.

a) Upon the cessation of operation

a.1) The company applies in writing to the Department of Transport that manages and licenses the transport business or that is in charge of the location where the vehicle is used (if the vehicle is relocated to a different region).  The application includes the form of application for cessation of operation, as defined in Appendix VI to this Circular, and (the copy of) the license of automobile-based transport business.

a.2) Department of Transport shall be responsible for examining the application (by checking the conditions that the vehicle for which the cessation of operation is applied is a commercial transport and is owned by the company and that the requested duration of operation cessation of the vehicle is 30 consecutive days or more).

- If the conditions are not met, the company shall receive a notification, as defined in Appendix VII to this Circular, to supplement the application.  The process shall take 02 working days from the date that the application is received;

- If the conditions are met, the Department of Transport shall sign to endorse the application for operation cessation and make the record of temporary custody of the vehicle identification board (if any), as defined in Appendix VIII to this Circular. The process shall take 03 working days from the date the application is received.

a.3) The company shall submit an application to the motor vehicle registry agency within 02 working days from the date the application is signed to endorse, which include the original form of application for operation cessation (with the relevant Department of Transport’ endorsement); the record of temporary custody of the vehicle identification board (if applicable); and the road use fee receipt (copy).

a.4) The registry agency shall receive and examine the application.

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- If the conditions are met, a record of retrieval of the road use fee stamp, as defined in Appendix XIII to this Circular, shall be made.  The process takes 02 working days.

a.5) The date that the Department of Transport endorses the form of application for operation cessation shall be the starting point of the duration of operation cessation to valid the exemption from the fee.

If the actual duration of operation cessation is more than 30 days longer than the expected duration, not later than the 30^th day since the last expected date of operation cessation, the company shall submit an application for operation cessation to the Department of Transport for additional endorsement. If the company does not make an application or has made an application for operation cessation with endorsement of the Department of Transport but the company does not submit that application to the registry agency within 02 working days from the date on which the Department of Transport endorses the application, the company shall incur the fee for the duration that the vehicle ceases longer than the expected duration.

If the actual duration of operation cessation is no more than 30 days longer than the expected duration, the company is not required to make an additional application for operation cessation.

Example 7: Mr’s A vehicle applies for operation cessation from October 1, 2022 to November 30, 2022 (application for operation cessation expects 02 months of cessation). The application was endorsed by the Department of Transport and submitted to the registry agency. In reality, Mr’s A vehicles ceases operation until January 31, 2023 (beyond the expected duration of 02 months).

- If Mr. A submit an application for operation cessation to Department of Transport for additional endorsement that the vehicle is exempt from the fee until January 2023.

- If Mr. A does not make an application or has made an application for operation cessation with endorsement of the Department of Transport but the company does not submit that application to the registry agency within 02 working days from the date on which the Department of Transport endorses the application, Mr. A shall incur the fee for the duration from December 01, 2022 to January 31, 2023.

Example 8: In the same hypothetical situation in example 7. Until December 29, 2022, Mr. A applies for resumption of operation, Mr. A is not required to submit an application to Department of Transport for additional endorsement that the vehicle has ceased operation for 29 days.

a.6) In the event that the company has not paid the road use fee on the vehicle under the application for operation cessation up to the start of its inactivity, the unpaid amount of road use fee has to be paid in full to the relevant registry agency up to the start of the vehicle’s inactivity.

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b.1) The company shall submit an application for reissuance of road use fee stamp to the registry agency (that received the application of operation cessation), including: The application includes the form of application for reissuance of road use fee stamp, as defined in Appendix XIV to this Circular, and the (original) record of retrieval of the road use fee stamp.

b.2) The registry agency shall receive and examine the application.

- If the application is not valid or the actual duration during which the vehicle ceases operating (from the start of cessation to the date of application for resumption of operation) does not constitute at least 30 continuous days, the registry agency shall notify the ineligibility for exemption from the fee in writing via the form defined in Appendix IX to this Circular.

- If the application is valid and the duration of the vehicle's temporary inactivity reaches at least 30 consecutive days, the registry agency shall calculate the fee amount credited and the additional amount payable (if any) by multiplying the result of the division of the monthly fee rate by 30 days with the amount of inactive days in the following manner:

+ In the event that the vehicle does not incur the fee upon the cessation of its operation, the fee shall be charged upon the registration of resumed operation to the start of the following inspection interval, as per regulations.

+ In the event that the fee has been paid, the fee amount commensurate with the duration of temporary inactivity shall be credited against the fee amount payable in the following period.  The registry agency shall make the written decision to credit the road use fee, as defined in Appendix IV.

Example 9: On January 01, 2022, Company X paid the fee on an automobile for 18 months (to June 30, 2023). Company X’s application for the cessation of the vehicle's operation to the end of 2022 after 1 month in use was approved by the supervisory agency.  After 11 months of inactivity, the vehicle was registered for resumed operation on January 01, 2023. The registry agency issued a fee stamp valid for a period from January 01, 2023 to May 31, 2024 inclusive (which includes 11 months from June 30, 2023).

Example 10: In the same hypothetical situation, Company X applied for the 20-month cessation of the vehicle's operation (from February 01, 2022 to September 30, 2023). On October 01, 2023, it applied for resuming the vehicle’s operation. The registry agency then issued a stamp valid from October 01, 2023 to February 28, 2025 (17 months).

If the fee amount credited is less than the fee amount payable in the following period, the company shall pay an additional fee amount for the period of time that derives from the difference between the periodic duration that requires payment and the duration credited. The registry agency shall issue a receipt for the additional payment.

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If the vehicle identification board is temporarily revoked, the company shall apply in writing for reissuance of vehicle identification board to the Department of Transport (which keeps the vehicle identification board).  The application includes the form of application for return of the vehicle identification board pursuant to Appendix X to this Circular, the Decision on crediting of the road use fee or, if the fee is yet paid for the period of temporary inactivity, the fee receipt (submit the copies with the originals for comparison).

Department of Transport shall examine the application and reissue the vehicle identification board (if any) to the company.

3. For the automobiles defined in Point dd, Section 2 Article 2 of this Circular, companies shall submit the following application to the relevant Department of Transport:

- The form of application for confirmation of the vehicle's non-use in traffic or non-operation on the roads of the road transport system pursuant to Appendix XI to this Circular.

- The copy of the business registration certificate or certificate of eligibility for operation of driving test center.

- The copy of the vehicle registration card (of each vehicle included in the application).

Department of Transport takes in and examines the application.  If the application is insufficient, the Department of Transport shall notify the company of supplementing the documents in no more than 03 working days upon the date of receipt of the application.  If the application is valid, the Department of Transport shall examine the company’s actual conditions and endorse the application form if the vehicles qualify as declared by the company. The process takes no more than 10 working days from the date that the documents are fully received.  If the conditions examined differ from those mentioned in the application, the company shall be responsible for revising the application to acquire the Department of Transport's endorsement.

The company shall submit 01 application form (endorsed by the Department of Transport) to the registry agency that inspects the company’s vehicles.

The company shall submit the copy of the application form (bearing the company’s authenticating seal) when having the vehicles inspected. The registry agency shall conduct the inspection and make comparison with the application form endorsed by the Department of Transport. If it matches, the road use fee shall be waived for such vehicles from the date of the Department of Transport's endorsement.

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If the company applies for the operation of the vehicles in the road transport system (to incur the fee waived), the company shall have the vehicles inspected and pay the road use fee to the registry agency for the vehicles to enter the traffic. The registry agency shall conduct an inspection, compute and collect the fee on the vehicles, which is charged from the date that the owner registers the resumed operation of the vehicles.

4. For the automobiles defined in Point e, Section 2 of Article 2, the owner shall not incur the fee for the period of 30 days or more during which the vehicle operate overseas provided that immigration documents issued by competent authorities are available.  The owner of the vehicle shall provide notarized or certified documents on the vehicle’s immigration to the registry agency upon the vehicle inspection. If submitting copies, the owner has to present the originals for comparison.  In the event that the fee has been paid for the duration of the vehicle’s overseas operation, the registry agency shall apply a respective credit to the fee amount payable in the next period.

5. For the automobiles defined in Point g, Section 2 of Article 2, the vehicle owner has to present a declaration of lost asset with the police's confirmation.  In the event that the fee has been paid for a duration of 30 days or more during which the vehicle is lost, the registry agency shall give a refund (or apply a credit to the fee amount payable in the next period if the vehicle is found).

If the vehicle is found, the owner shall present to the registry agency the record of the police's return of the asset to the owner.  

6. If the fee collector detects errors in the fee rate or vehicle type, the registry agency shall contact the owner to collect an additional sum (if the fee is inadequately collected) or give a refund (if the fee is excessively collected) to the owner.  In such situations, the fee collector and the owner shall make a written record as defined in Appendix XII to this Circular to determine the additional payment or refund.

7. If vehicles of national defense or public security change their type of license plates to civil-type, they shall incur the road use fee as a civil vehicle as from the time when they are issued with new license plates.

Chapter III

IMPLEMENTATION

Article 10. Implementation

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a) Every year, at the time of making the state budget estimate, the Vietnam Register shall guide registry agencies nationwide in writing to make road use fee estimates, unify the method of implementation, and send back to the Vietnam Register for submitting the consolidated estimate to the Ministry of Transport for a consolidated report to competent authorities. Based on the annual fee collection estimate assigned by the Ministry of Transport, Vietnam Register shall initiate the fee collection tasks to each registry agency nationwide.

b) Print, issue and manage the road use fee stamps for automobiles according to the sample approved by the Ministry of Transport.

c) Provide guidelines for collection, payment and refund of the road use fee; expedite and inspect the collection of the road use fee by registry agencies of motor vehicles nationwide (fee amount collected, fee amount remitted each year) to ensure that the registry agencies remit the road use fee to the state budget in full and on schedule. Request the Ministry of Transport to inspect and finalize the collection of the road use fee by registry agencies of motor vehicles as prescribed.

2. Registry agencies of motor vehicles shall:

a) Collect fees, manage the collection and refund of the road use fee for vehicles to be inspected as per this Circular and guidance of the Vietnam Register.

b) Transfer the road use fee collected to the dedicate account for collecting the road use fee as prescribed in this Circular and guidance of the Vietnam Register.

c) Annually, send the report on finalization of collection of road use fee in the year to the Vietnam Register by January 20 of the following year to the Vietnam Register for finalization as per the law.

3. The Vietnam Register shall make estimates and send annual report on result of collection of road use fee to the Ministry of Transport for consolidation and report to competent authorities.

Article 11. Entry in force

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2. Regulation governing “national road use fee” in point b Section 2 Article 2 and Section 2 Article 7 of this Circular shall cease to be effective upon date of entry into force of the Circular on amendment or replacement of Circular No. 35/2016/TT-BGTVT dated November 15, 2016 of the Ministry of Transport on the ceiling road use service price rates to be applied by investment projects on road construction for commercial operation under the management by the Ministry of Transport and Circular No. 60/2018/TT-BGTVT dated December 21, 2018 of Minister of Transport on amendments to Circular No. 35/2016/TT-BGTVT.

3. Other matters related to the collection, submission, management, use, receipt and disclosure of the road use fee, if not defined in this Circular, shall be governed by the Law of fees and charges; the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 and Circular No. 303/2016/TT-BTC.

4. During the implementation, if the legislative documents referred to in this Circular are amended or superseded, the new documents shall prevail.

5. Difficulties that arise during the progress of implementation shall be reported to the Ministry of Finance for review and guidance./.

PP. MINISTER
DEPUTY MINISTER




Vu Thi Mai

APPENDIX

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Appendix I

ROAD USE FEE SCHEDULE

1. Rate of fee (excluding those defined in Point 2 and Point 3 below)

No.

Vehicle type

Rate (thousand dongs)

1 month

3 month

6 months

...

...

...

18 months

24 months

30 months

1

Passenger vehicle with less than 10 seats registered under an individual or household business

130

390

780

1.560

...

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...

3.000

3.660

2

Passenger vehicle with less than 10 seats (except vehicle mentioned in point l above); truck or special vehicle less than 4,000 kg in gross weight; public passenger buses (including the vehicles that transport students or workers entitled to bus-like subsidized fare); cargo vehicle and 4-wheel motorized passenger vehicle

180

540

1.080

2.160

3.150

...

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5.070

3

Passenger vehicle with 10 seats to less than 25 seats; truck or special vehicle from 4,000 kg to less than 8,500 kg in gross weight

270

810

1.620

3.240

4.730

6.220

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4

Passenger vehicle with 25 seats to less than 40 seats; truck or special vehicle from 8,500 kg to less than 13.000 kg in gross weight

390

1.170

2.340

4.680

6.830

8.990

10.970

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Passenger vehicle with 40 seats or more; truck or special vehicle from 13,000 kg to less than 19,000 kg in gross weight; tractor unit whose weight plus the weight of the permissibly towed load is less than 19,000 kg

590

1.770

3.540

7.080

10.340

13.590

16.600

6

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720

2.160

4.320

8.640

12.610

16.590

20.260

7

Truck or special vehicle from 27,000 kg in gross weight; tractor unit whose weight plus the weight of the permissibly towed load is from 27,000 kg to less than 40,000 kg

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3.120

6.240

12.480

18.220

23.960

29.270

8

Tractor unit whose weight plus the weight of the permissibly towed load is from 40,000 kg

1.430

...

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...

8.580

17.160

25.050

32.950

40.240

Notes:

- The fee rate for 01 month from the 2nd year (from the 13th month to 24th month after inspection and fee payment) is 92% of the fee rate for 01 month in the schedule.

- The fee rate for 01 month from the 3rd year (from the 25th month to 30th month after inspection and fee payment) is 85% of the fee rate for 01 month in the schedule.

- The duration for which the fee is paid according to the schedule starts upon vehicle registration and does not include the duration of the previous inspection interval.  In the event that the vehicle owner has not paid the fee for the previous interval, the additional payment for the previous interval is required; thus, the amount payable = 1 month’s rate x quantity of fee-levied months of the previous interval.

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2. Rate of fee on national defense vehicles

No.

Vehicle type

Rate
(thousand dongs/ticket/year)

1

Small military car

1.000

2

Military truck

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3. Rate of fee on police vehicles

No.

Vehicle type

Rate
(thousand dongs/ticket/year)

1

Vehicle with less than 7 seats

1.000

2

Vehicle with 7 seats or more; coaches, transport vehicles; special vehicles

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