Stuck with sidewalk fee collection, Ho Chi Minh City requests guidance from 2 ministries

On January 17, the Ho Chi Minh City People's Committee sent an official dispatch to the Ministry of Transport and the Ministry of Finance requesting guidance on methods and developing an exploitation plan when collecting fees for temporary use of roadways and sidewalks belonging to road infrastructure assets.

Accordingly, Pursuant to the Law on Management and Use of Public Assets dated June 21, 2017, Pursuant to the Law on Fees and Charges dated December 7, 2020, the regulations on temporary use fees for roadways and sidewalks are under the authority of the Provincial People's Council and Pursuant to Clause 1, Article 11 of Decree 33/2019 of the Government, which stipulates methods of exploiting road infrastructure assets.

The agency assigned to manage road infrastructure assets shall directly organize the exploitation of assets, lease the right to exploit road infrastructure assets, and transfer the right to exploit road infrastructure assets for a limited period.

Ho Chi Minh City requested the two ministries to guide the method and develop an exploitation plan when collecting fees for temporary use of roadways and sidewalks belonging to road traffic infrastructure assets. (Illustration photo)

In case it is necessary to exploit road infrastructure assets in a way different from the above-mentioned regulations, the Ministry of Transport shall preside over and coordinate with the Ministry of Finance and relevant agencies to prepare an asset exploitation project and submit it to the Prime Minister for consideration and decision.

According to the Ho Chi Minh City People's Committee, for the above-mentioned exploitation methods, the Law on Management and Use of Public Assets and Decree 33/2019 both stipulate that the unit assigned to manage public assets must prepare a project to exploit road traffic infrastructure assets and submit it to the competent authority for approval before exploitation.

Currently, Ho Chi Minh City is implementing the collection of temporary road and sidewalk usage fees according to Resolution No. 15/2023/NQ-HDND dated September 19, 2023 of the City People's Council. In the process of implementing and studying related regulations, Ho Chi Minh City People's Committee encountered some difficulties regarding legal regulations. Specifically:

Roadways and sidewalks are part of road traffic infrastructure assets; however, the method of temporary exploitation and use of roadways and sidewalks is not yet regulated in the Law on Public Property Management and Decree No. 33/2019/ND-CP of the Government.

Next, the subjects requesting permission to temporarily exploit and use the roadway and sidewalk are mainly individuals and households. Thus, the unit assigned to manage the roadway and sidewalk must prepare an exploitation plan and submit it to the competent authority for approval before granting permission and collecting fees for temporary use of the roadway and sidewalk.

To promptly collect fees for temporary use of roads and sidewalks, the People's Committee of Ho Chi Minh City requested the Ministry of Transport and the Ministry of Finance to soon provide guidance on the method of exploitation and develop an exploitation plan when collecting fees for temporary use of roads and sidewalks.

Hoang Tho

Source