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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
18/2012/ND-CP
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Hanoi
, March 13, 2012
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DECREE
ON ROAD MAINTENANCE FUNDS
Pursuant to the Law on Organization
of the Government, of December 25, 2001;
Pursuant to the Law on Road
Traffic, of November 13, 2008;
At the proposal of the
Minister of Transport;
The Government promulgates
Decree on road maintenance funds,
Chapter I
GENERAL PROVISIONS
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This Decree provides for the
forming, management and use of the road maintenance Funds (below referred to as
Funds).
Article 2.
Subjects of application
This Decree applies to organizations
arid individuals relating to the forming, use and management of Funds.
Article 3.
Operational principles of Funds
1. Funds operate for non-profit
proposes.
2. Funds operate in a public,
transparent and effective manner, for proper purposes and in conformity with
law.
Article 4.
Forming of Funds
1. Road maintenance funds are
State’s funds and have the legal person status, seals and accounts opened at
the State Treasury. The fund forming at the central level is called the central
Fund, and forming at the provincial level, called local funds.
2. The Prime Minister shall
decide on organizational structure and fund management apparatus and promulgate
the Regulation on operation of the central fund management Council.
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Chapter II
FINANCIAL SOURCES,
MANAGEMENT AND USE OF FUNDS
Articles 5.
Sources forming funds
1. The charges for road use
which annually collected per road motor vehicle, including: automobiles,
tractors; trailers or semi-trailers towed by automobile or tractor (hereinafter
referred to as automobile); and two-wheeled motorcycles, three-wheeled
motorcycles and motorbikes, mopeds (hereinafter referred to as motorcycles).
2. Annual state budgets
additionally allocated to Funds: the central budget additionally allocated to
the central Fund and provincial-level budgets additionally allocated to local
funds.
3. Revenue sources relating to
road use and other revenues under provisions of law.
Article 6.
Principles of allocation of charges of road use to the central fund and local
funds
1. Charges of road use which are
collected with respect to motorcycles in a locality, shall be added to the Fund
of that locality.
2. For charges of road use which
are collected with respect to automobiles, shall be allocated 65% of collected
amount to the central fund, and 35% of collected amount to local funds.
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4. In case of necessity, the
Prime Minister is assigned to adjust the rate of allocation to the central fund
and local funds suitable to each period at the proposal of the Ministry of
Transport and the Ministry of Finance.
Article 7.
Expenditures of Funds
The central fund is used for the
maintenance and management of the national highway system; local funds are used
for the maintenance and management of local road system which are maintained
and managed by localities as decentralized by provincial-level People's
Councils. Expenditures of Funds include:
1. Expenditures for the
maintenance of road works.
2. Expenditures for the
management of road works.
3. Expenditures for the
operation of fund management apparatus.
4. Other expenditures relating
to the maintenance and management of road works decided by fund management
councils.
Article 8.
Financial management of funds
1. Annually, fund management
councils shall formulate financial plans on revenues and expenditures (in which
clearly defining additionally allocated state budgets) and send them to transport
and finance agencies of the same level. Transport agencies shall consider and
include amounts additionally allocated to funds in their state budget estimates
and send them to finance agencies of the same level which shall consider and
submit them to competent state agencies for decision according to the State
budget Law. Based on revenues of Funds and additionally allocated state
budgets, fund management councils shall approve financial plans on revenues and
expenditures of funds and send them to transport and finance agencies and the
State Treasury as prescribed.
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3. Units assigned to manage funding
of funds shall perform bidding, order and plan assignment to units to maintain
and manage road works as prescribed. The State Treasury shall control
expenditures from funds as expenditures from state budget.
4. Settlement of revenues and
expenditures of Funds shall be complied with current regulations. At the end of
year, funding which has not yet been spent out shall be transferred to the
subsequent year in order to cover the maintenance and management of road works.
5. Funds must be examined, inspected
and audited by state agencies as prescribed.
Chapter
III
ORGANIZATION OF
IMPLEMENTATION
Article 9.
Responsibility of Fund management councils:
1. To propose amendments to
regulations relating to revenue sources of funds and amendments, supplements of
regulations relating to operation of funds.
2. To formulate and approve
financial plans on revenues and expenditures of funds.
3. To examine and evaluate
implementation of financial plans on revenues and expenditures of funds.
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5. To manage finance and
assigned properties as prescribed.
6. To implement other tasks
assigned by competent agencies.
Article 10.
Responsibility of the Ministry of Transport:
1. To execute the state
management on roads as prescribed by the Law on Road Traffic.
2. To direct and examine the
management of collection, use and settlement of the central fund as prescribed.
3. To assume the prime
responsibility for considering proposals of fund management councils for
adjustment of regulations relating to revenue resources of funds or amendment
and supplement of regulations on operation of funds in order to promulgate or
submit to competent state agencies for promulgation.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Finance in, proposing
the Prime Minister to adjust the rate of allocation of charges of road use to
the central fund and local funds specified in Clause 2, Article 6 of this
Decree for suitability to each period.
Article 11.
Responsibility of the Ministry of Finance:
1. To ensure allocations of
central budget to the central fund.
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3. To guide the regime on
management of collecting charges of road use; promulgate annual rates of
charges of road use for per vehicle with respect to automobiles and annual
tariff of charges of road use with respect to motorcycles.
4. To assume the prime responsibility
for, and coordinate with the Ministry of Transport in, guiding the management
and use of road maintenance funds.
Article 12.
Responsibility of provincial-level People's Committees:
1. To ensure local budget
allocations to local funds.
2. To promulgate annual rates of
charges of road use for per vehicle with respect to motorcycles within the
tariff of charges of road use with respect to motorcycles issued by the
Ministry of Finance.
To organize the collection of
charges of road use with respect to motorcycles in their localities.
3. To direct and examine the
management of collection, use and settlement of local funds as prescribed.
Chapter IV
IMPLEMENTATION
PROVISIONS
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This Decree takes effect on June
1, 2012.
Article 14.
Implementation
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People’s Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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