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Ministry of Transport    The socialist republic of Vietnam
  and Communications       Independence-freedom-Happiness.
and Ministry of finance       htmlhtmlhtml----
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     No.59/TT-LB

                                   Hanoi, July 8th, 1994.

JOINT MINISTERIAL CIRCULAR PROVIDING THE REGULATIONS fOR COLLECTION, MANAGEMENT AND USE Of THE TOLLS ON THE THANG LONG-NOI BAI EXPRESSWAY

I. TOLL, EXEMPTION AND REDUCTION ON USERS Of THE THANG LONG-NOI BAI EXPRESSWAY

1. Taxable users:

All kinds of motor vehicles using the Thang Long-Noi Bai Expressway are subject to tolls, except for a number of vehicles provided for in Points 2 and 3 which shall be given toll exemption or reduction.

2. Tax-exempt users:

- Ambulances

- Vehicles used in funeral (including the hearse and the vehicles carrying relatives of the deceased).

- Military vehicles which are not regularly used for economic duties.

- Police-escorted vehicles carrying foreign guests.

- fire engines on duty.

- Vehicles specializing in transporting war invalids and crippled people.

- Vehicles in pursuit of law-breakers.

3. Users eligible for toll exemption and reduction:

a/ Users eligible for toll exemption:

- Vehicles of diplomatic missions and representatives of international organizations permanently based in Vietnam and enjoying the diplomatic favor status (as endorsed by the Ministry for foreign Affairs in Note No.1609/LT-HC of the 9th of September, 1991).

- Motor vehicles mobilized by authorized agencies for dike embankment duty and for combat against flood, typhoon, other natural calamities and sabotage acts.

b/ Users eligible for toll reduction:

- Motor vehicles of public employees, workers, learners and students daily commuting to work and school.

- Applicants for toll exemption and reduction must produce proofs of their relevant status to the toll collecting agencies for the issuance of toll exempt cards or discount seasonal tickets.

II. TOLL RATES, COLLECTING MODES AND OPERATION

1. Rates:

In order to ensure the smooth collection of tolls and create convenience for vehicle passage through the expressway and bridge, the Ministries jointly provide that:

- Motor vehicles shall buy one ticket for passage of both the expressway and the bridge.

- Motor vehicles which pass only the bridge shall buy the ticket for the bridge only (as provided for in Circular No. 81/TT-LB jointly issued on the 15th of December, 1992 by the Ministry of finance and the Ministry of Transport and C ommunications).

- Motor vehicles which travel on the Thang Long-Noi Bai Expressway without passing the bridge shall buy the ticket for the expressway only. Actual rates are prescribed for each category of users and listed in the appendix to this Circular.

2. Collecting modes:

The toll is collected in the forms of tickets which are in two categories, regular and seasonal. All tickets are issued by the Hanoi Tax Department and delivered to the toll collecting units for sale

- The regular ticket shall be sold to vehicles at ticket control stations.

The ticket can be sold in advance at the toll collection agency to vehicle owner and/or controllers who commute daily on the expressway and bridge. In this sale mode, a purchase of 50 tickets or more shall be given a 1% discount on each of the tickets.

- Seasonal tickets shall only be sold to those who are qualified for toll reduction as provided for in Point 3 of Part I.

The toll collecting agency shall work with the Hanoi Tax Department to design and print tickets of different categories and toll exemption badges. The control and use of the tickets are provided for in Circular No.63/TC-TCT issued by t he Ministry of finance on the 28th of October, 1992. The toll collecting agency shall maintain a close control over the process of ticketing and periodically report the work to the Hanoi Tax Department.

3. Collecting operation:

The unit in charge of collecting tolls on the North Thang Long-Noi Bai Expressway is under the Vietnam Department of Land Roads. It is manned by alight staff and is to ensure that the toll collection is effective, civilized, not hin dering the traffic flow etc..

III. MANAGEMENT AND USE Of THE TOLL, ACCOUNTING AND fiNANCIAL STATEMENT.

1. Management and use of the toll:

On the basis of the variety of the vehicles on the expressway and the rates already fixed, the toll collecting unit shall design a plan for the collection and its cost to submit to the Ministry of Transport and Communications for approval a fter consulting with the Ministry of finance. Everyday, except for the portion which is allowed to be kept according to the approved plan, the toll collecting unit shall remit all the toll money to the State Budget through the State Treasury.

The expenditure plan comprises the following:

The wages and allowances for the collectors, expenditures on printing tickets and receipts, books and charts used in the control, management and accounting, expenditures on office and property maintenance and repair and other managerial cos ts.

All expenditures on the maintenance and repair of the expressway are allocated in the annual budget and shall be disbursed in accordance with existing regulations.

In the year of 1994, because the regular maintenance expenditure has not been included in the plan for repair of the expressway, the unit in charge shall draw up a plan for this expenditure to submit to the authorized offices for appro val as addition to the expenditure plan for 1994.

2. Accounting and financial statement:

a/ Accounting:

The toll collecting unit shall open books recording generals and details of the collecting activities and use of the toll on the expressway and the bridge and make full accounts of revenues and expenditures according to the above regulations.

As regards the vehicle owner, if it is a production or business unit, the toll shall be included in the production or circulation costs; if it is an administrative unit, the toll shall be accounted for as budget expenditure.

b/ financial statement:

Every month, the toll collecting unit shall file timely reports on the amount collected and its use (including remittances to the budget and withholdings for planned expenditures) to the Tax Department and State Treasury of Han oi and send reports to the Ministry of Transport and Communications and the Ministry of finance for record.

Every quarter and year, the toll collecting unit shall file a financial statement on the collection and use of the toll in accordance with the current regulation on accounting. The Ministry of Transport and Communications shall cooperate with Minis try of finance to provide regular control over the collection and use of the toll and review the annual financial statement of the toll collecting unit.

IV. REWARDS AND SANCTIONS

- Any vehicle owner who violates the regulations on the toll collection such as using tickets not in accordance with the set rates, abstaining from buying tickets, etc. shall have, besides buying the toll tickets as required by the set rate, to p ay a fine four times the ticket price (this fine shall not be included in the production cost or accounted in the budget expenditure). If he intentionally causes troubles and hinders the traffic, he shall be subjected to sanctions provided for by the law in force.

- To encourage toll collection, the joint ministries allow the collecting unit it to put aside 1,5% of the total toll to set up a reward and welfare fund, but the reward fund shall not exceed three months of the basic salary of the staff. The max imum fund for welfare shall not exceed the fund for reward. The rest shall be remitted to the State Budget.

V. IMPLEMENTATION

This Circular takes effect as from the 1st of July, 1994.

In the course of its implementation, any issues which arise and require adjustments and changes shall be reported by the toll collecting unit to the two Ministries for a solution

for the Minister of Transport         for the Minister
and Communications                    of finance
Vice Minister                         Vice Minister
LE NGOC HOAN                          PHAM VAN TRONG
(Signed)                              (Signed)

TOLL RATES ON USE Of THE THANG LONG NOI BAI EXPRESSWAY AND THE EXPRESSWAY AND BRIDGE
(Issued as appendix to Circular No.59/TT-LB of the 8th of July 1994 of the Ministry of finance and the Ministry of Transport and Communications)

Toll Payers         Rates for use of the  Rates for use of 
                    Thang Long-Noi Bai    the expressway and 
                    expressway (in VND)   bridge (in VND)
1. Motorcycles          500 per ride         1000 per ride
   (all kinds)
2. Motorcycles of    5.000 per month       10,000 per month
daily commuters
qualified for 
discount tickets

3. Small cars       5,000 per ride        10,000 per ride
  (all kinds)

4. Sedans & coaches
(all kinds):

- Below 12 seats:     5,000 per ride        10,000 per ride

- from 12 to 49s      8,000 per ride        16,000 per ride

- Above 50 seats:    10,000 per ride        20,000 per ride

- Bus:                4,000 per ride         8,000 per ride

5. Trucks (all kinds)

- Below 4 tons:       8,000 per ride        16,000 per ride

- from 4 to 10 tons  10,000 per ride        20,000 per ride

- Above 10 tons:     15,000 per ride        30,000 per ride

6. Three wheeled
vans & Bong Sen 
tractors             20,000 per ride         4,000 per ride