Decision No. 44/2017/QD-UBND dated December 15, 2017 of the People’s Committee of Hanoi promulgating parking prices in Hanoi

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Decision No. 44/2017/QD-UBND dated December 15, 2017 of the People’s Committee of Hanoi promulgating parking prices in Hanoi
Issuing body: People's Committee of HanoiEffective date:
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Official number:44/2017/QD-UBNDSigner:Nguyen Duc Chung
Type:DecisionExpiry date:Updating
Issuing date:15/12/2017Effect status:
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Fields:Tax - Fee - Charge , Transport
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THE PEOPLE’S COMMITTEE OF HANOI

Decision No.  44/2017/QD-UBND dated December 15, 2017 of the People’s Committee of Hanoi promulgating parking prices in Hanoi

Pursuant to the Law On Organization of the local government No. 77/2015/QH13 dated June 19,2015

Pursuant to the Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015

Pursuant to the Law on State Budget No. 83/2015/QH13 dated June, 25, 2015

Pursuant to the Law On Prices No. 11/2012/QH13 dated June 20,2012

Pursuant to the Law on Road Traffic No.23/2008/QH12, dated November 13, 2008

Pursuant to the Decree No.177/2013/ND-CP dated November 14,2013 of the Government elaborating some articles of the Law On Prices.

Pursuant to the Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government on amendments to some articles of the Decree No. 177/2013/ND-CP dated November 14,2013.

Pursuant to the Circular No. 25/2014/TT-BTC dated February, 17, 2014 of the Ministry of Finance stipulating the common pricing methods for goods and services.

At the request of the: Department of Transport - Department of Finance – Department of Labor, Invalids and Social Affairs - Hanoi Tax Department, in document No. 871/TTrLN: SGTVT-STC-LDTB&XH-CT dated November, 02, 2017, document No. 946/TTrLN:SGTVT-STC dated November 27, 2017 requesting approval for parking prices applied to bicycles, motorbikes and cars in Hanoi.

DECISION

Article 1. Scope of adjustment

This decision stipulates the parking prices applied to bicycles, motorbikes and cars (hereinafter referred to as “vehicles”) in Hanoi.

Article 2. Subject of application

1. Eligible providers of traditional and smart parking services for bicycles (including electric bicycles and electric motorbikes), motorbikes and cars.

2. Owners of vehicles impounded due to violations of traffic rules.

Exceptions:

2.1 If a vehicle is impounded but its’ operator does not violate the traffic regulations, he/she will not be required to pay for the parking services.

If the vehicle operator already paid for the parking services, the collecting unit shall return the fees to him/her. If the collecting unit is also the provider of parking services, the unit that makes the decision to impound the vehicles shall pay the fees to the parking service provider. This fee shall be taken from the fine for violations of traffic regulations.

2.2 If the impounded vehicle is confiscated under an official decision, then the parking fees shall be taken from the payment for the vehicle sold at auction.

2.3 In case where the impounded vehicle has been transferred to an investigating body, there shall be no parking fees.

3. Parking service providers may apply the fees specified in this Decision to serve cost management of their parking lot projects.

Article 3: Parking prices

1. The prices stipulated in the Appendix issued together with this Decision are VAT included.

2. For state-invested parking services (on-street parking and multi-story parking), the parking fees shall be charged according to section I in the attached Appendix.

3. For the parking services invested by non-state sources (inside apartment buildings, shopping malls, parking lots)

The investors shall impose their own parking fees in conformity with Circular No. 25/2014/TT-BTC dated February, 17, 2014 of the Ministry of Finance and on the basis of the expenses. The fees may be adjusted without exceeding limits stipulated in section I of the attached Appendix.

The People’s Committees of Districts and of Son Tay town shall consider and solve the problems regarding the parking fees in their areas.

4. Prices for smart parking services are specified in section III of the attached appendix.

5. Prices for parking services provided for vehicles impounded due to violations of traffic regulations are specified in section IV of the attached appendix.

Providers of parking services have the responsibility to: post the prices, methods for collecting payments and the supervisory authority; collect parking fees as listed

Changes in policy or parking fees shall be reported by the People's Committee of districts and Son Tay town and investors to the Transport Department (of Hanoi)

Article 4. Units of collection (due with management classification)

1. Organizations and individuals who are granted business registration by a competent authority which includes provision of parking services for people with vehicles in Hanoi.

2. Authorities that have the power to impound vehicles and have adequate parking area and facilities.

The Ministries, Ministerial-level-agencies, Government’s agencies and the People’s Committees in Hanoi shall provide parking space for cadres, civil servants, officials and transactors; They shall not charge these transactors parking fees (according to the Decision No.129/2007/QD-TTg dated August 02, 2007 signed by the Prime Minister on promulgating the regulation on office culture at the national administrative agencies.

Article 5. Managing and using the revenues

1. The revenues from parking fees belong to the service providers. These providers shall fulfill their financial obligations to the government according to the provisions.

2. Where necessary or required by a competent authority, the revenue that remains after fulfilling their financial obligation to the government may be spent in accordance with the regulations.

Article 6. Implementation effect

This Decision takes effect on January, 01, 2018 and replaces the Decision No. 58/2016/QD-UBND dated December 31, 2016 of the People’s Committee of Hanoi on promulgating parking prices applied to bicycles (including electric bicycles), motorbikes (including electric motorbikes) and cars in Hanoi. The Document No. 4484/UBND-KT dated September, 13, 2017 of the People’s Committee of Hanoi on using temporarily smart parking services on the mobile phones (IPARKING) at 04 districts of Hoan Kiem, Ba Dinh, Dong Da, Hai Ba Trung.

Article 7. Implementation organization

Chief of the Ministry Office, People’s Committee of Hanoi, Director of Department of Finance Service, Director of Department of Transport, Director of Hanoi State Treasury, Director General of Hanoi Tax Department, Chairman of the People’s Committee of district, Chairman of the People’s Committee of commune, and other related organizations and individuals shall implement this Decision.

For the Chairman of People’s Committee

The Chairman

Nguyen Duc Chung
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