For ensuring consistency and transparency, the would like to request the Ministry of Transport to study the principle of determining price levels for subjects to be suitable with the quality and level of using services that the owner of the means actually

Fri, 13 Apr 2018 11:08:00  |  Print  |  Email   Share:

Name of recommendations: For ensuring consistency and transparency, the would like to request the Ministry of Transport to study the principle of determining price levels for subjects to be suitable with the quality and level of using services that the owner of the means actually

Status: Responded

Recommended by units: The Deo Ca Investment Joint Stock Company

Official letter: No 0477/PTM - VP, dated: 2018-03-19

Recommended contents:

-  in the Annex 3 of the Draft of Circular sets out the maximum tariff for road tunnel repair service (details are attached in this document). However, the proposed price level is understood to be the same for all tunnels, regardless of tunnel levels, tunnel lengths, total investment in construction, quality of services.

- The maximum price for road tunnel services is provided in Appendix 03 of the Draft Circular amending and supplementing a number of articles of the Circular No. 35/2016 / TT-BGTVT under the Document No. 844 / BGTVT-TC of MOT that does not fit the reality and lack of facilities, specifically:

+ First characteristic: Road tunnel works is a type of works with higher investment capital compared to other types of traffic works;

+ Second characteristic: The collection stations located at the road tunnel always ensure that people have the right to choose (going through the tunnel has to pay fees, going through the pass does not have to pay fees).

Third characteristic: The construction of service tariffs for road tunnel works must be based on the comparison of: fuel saving cost, reduction of vehicle wear, time saving, safety ... when crossing the tunnel in comparison to the crossing the pass.

Responded by units: The Ministry of Transpor

Official letter: No 4987/BGTVT - TC, dated: 2018-05-14

Responded contents:

  • According to the Law on Road Traffic:

+ Roads consisting of roads, bridges, road tunnels, land-road ferries;

+ Competence to classifying and regulating national highway systems shall be decided by the Minister of Transport;

  • Competence to classifing and adjusting provincial and urban road systems shall be decided by the provincial-level People's Committee presidents.
  •  According to regulations on management, use and exploitation of assets of road traffic infrastructure:

+ The Ministry of Transport shall direct, guide and organize the performance of tasks of state management of land road assets under its management;

+ Provincial-level People's Committees shall direct, guide and organize the performance of tasks of State management over land road assets under their respective management;

  •  According to the Decree No. 149/2016 / ND-CP dated November 11, 2016 of the Government amending and supplementing a number of articles of the Decree No. 177/2013 / ND-CP dated November 14, The Government shall detail and guide the implementation of a number of articles of the Price Law:

+ The Minister of Ministry of Transport shall stipulate the maximum prices for road use services, including national highways, highways for investment projects on road construction for business purposes ... managed by the central government;

+ The provincial People's Committees shall set maximum prices for road-using services provided by local administrations of investment projects on road construction for business purposes;

  • On the basis of the above provisions of law and authority, the Minister of Transport and Communications has issued a Circular No. 35 regulating the maximum price level for land use services of investment projects on road construction for business by the Ministry of Transport includes roads, highways in accordance with the provisions of the law on road traffic and the authority of the management.
  • Over a year of implementing the management mechanism from "fees" to "prices", the Ministry of Transport has received a number of opinions of agencies and units proposed study modificationadded some articles of the Circular 35 to suit practical conditions, create favorable conditions for business people to develop and harvest investment in the form of PPP ... through the reality of a number of works, projects of a specific nature, high investment costs, complicated operation procedures such as bridges, road tunnels, etc., will have higher investment and exploitation costs than conventional road works leading to higher prices. Maximum at the time of issuance of the Circular 35 is no longer appropriate and need to adjust up. However, the Government is directing the reduction of the price/fee, so for the project of this particular nature, the Ministry of Transport has directed the functional agencies to urgently study the direction of construction separately. The maximum rates for road use services in the Circular 35 to issue additional tariffs for works of a specific nature, scale and cost of investment ... and sent for getting opinions of agencies and units in accordance with the law. The conversion of the management mechanism from "fees" to "prices" for BOT project meetings that are in progress should be legally enforceable, consistent with the provisions of the price law and on the principle of harmonization ofthe benefits of the state, the people and the businesses. The Government has directed the price reduction but it must ensure the return of capital for the project being directed by the Ministry of Transport directed drastically. On the other hand, the Circular 35 sets the maximum price for specific projects are available. The financial levels, the collection levels, the collection duration, the collection organization ... shall be determined on the basis of the approved feasibility study and the signed contract.
  • For the opinions of the Deo Ca Investment Joint Stock Company, the proposal of the General Department of Vietnam Railways in the document of 8421 / TCDBB TC-TC dated December 29, /2017 and the opinions of ministries, The concerned agencies and units (including VCQ's opinions), the Ministry of Transport has directed the competent agencies to collect, explain and elaborate circulars amending the Circular 35 in strict compliance with requirements and regulations.of the Law on Price; After the report on the development of the maximum price for these constructions, the Ministry of Transport will consider to issue the Circular amending and supplementing some articles of the Circular 35 as appropriate.

For the opinions of the Deo Ca Investment Joint Stock Company, the proposal of the General Department of Vietnam Railways in the document of 8421 / TCDBB TC-TC dated December 29, 2017 and the opinions of ministries, the concerned agencies and units (including VCQ's opinions), the Ministry of Transport has directed the functional agencies to collect, explain and elaborate circulars amending the Circular 35 in strict compliance with requirements and regulations. Law on Price; after the report on the development of the maximum price for these constructions, the Ministry of Transport will consider to issue the Circular amending and supplementing some articles of the Circular 35 as appropriate.

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