Circular No. 05/2010/TT-BGTVT on the organization and operation of toll stations for road usage

CIRCULAR

Provisions on the organization and operation of

toll station||| toll collection road usage fee

__________

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

||| Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

||| The Minister of Transport shall prescribe the organization and operation of toll stations for the use of national highways as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Circular stipulates the organization and operation of toll stations for the use of national highways established or permitted by competent authorities to collect tolls on national highways; provincial roads, urban roads (hereinafter referred to collectively as local roads).

Article 2. Applicability

||| This Circular applies to organizations and individuals related to the organization and operation of toll collection for the use of national highways at toll stations for the use of national highways.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. ||| Toll station for the use of national highways ||| (hereinafter referred to collectively as toll station) is a place where tolls are collected from vehicles participating in road traffic, constructed according to planning or investment projects approved by competent state agencies.

2. ||| Organization implementing toll collection for the use of national highways ||| (hereinafter referred to collectively as toll collection organization) is an organization or individual permitted by competent state agencies to collect tolls for the use of national highways.

3. ||| Investor ||| is an organization or individual receiving the transfer of the right to collect tolls for the use of national highways with a time limit or an organization or individual investing capital to construct road transport infrastructure, which is allowed to collect tolls to recover capital.

4. ||| Assets of the toll station include||| : control room, ticket booth, toll gate, ticket control and management equipment, lighting system, money transport vehicle, and other auxiliary facilities, other equipment serving toll collection for the use of national highways.

Article 4. Scale of construction of toll stations

1. The scale and design standards of toll stations must be approved by the competent authority for investment decisions, including the following main contents: location, route distance of the toll station, number of lanes and width of each lane, clearance height, toll collection technology, traffic safety measures, land clearance plan (if applicable).

2. Toll stations under construction must comply with current construction standards and regulations. In cases where foreign construction standards are applied, they must be approved by the competent state agency responsible for construction before being implemented.

Chapter II

||| ORGANIZATION AND OPERATION OF TOLL STATIONS

Article 5. Tasks of the toll collection organization

1. Implement the establishment of toll stations in accordance with the decision of the competent state agency.

2. Organize the operation of toll stations in compliance with the provisions of the law, this Circular, and the contract signed with the competent state agency.

3. Based on the provisions of this Circular and the guidance of the General Department of Vietnam Roads to establish internal regulations on inspection and handling of violations in the performance of toll collection tasks; cooperate with local authorities to maintain public order and traffic safety during toll collection, ensuring that no negative phenomena, hindrances, or inconveniences occur in the toll collection activities.

4. Ensure compliance with all regulations in the management of revenue and expenditure and accounting reports, settlement of tolls.

5. Equip necessary assets and material facilities according to regulations and modernize toll stations in accordance with the decision of the competent state agency; resolve salaries, bonuses, and other benefits for toll collectors in accordance with regulations and within their authority.

6. Propose to the competent state agency to resolve issues regarding the management mechanism for toll collection, rights and benefits of workers, working conditions, and necessary material facilities for the operation of toll stations.

Article 6. Duties of toll stations

1. Organize the implementation of the duty to collect road usage fees in accordance with the current regulations of the competent state management agency. The operation of toll stations must ensure smooth and safe traffic in all circumstances; comply with all legal provisions on road traffic and traffic safety in the toll station area; handle and resolve situations that occur in accordance with the regulations and within their authority.

2. Ensure environmental hygiene, including not allowing waste, pollutants, or standing water; ensure public order and security in the toll station area.

3. Based on internal regulations of the fee collection unit, toll stations must regularly implement necessary inspection methods for each department, team, and shift in the fee collection process. Timely reward or propose higher-level rewards for departments and individuals who perform their tasks well. Immediately suspend departments and individuals who violate and report them to the fee collection unit for handling according to regulations.

4. Publicly announce (including posting at ticket sales locations) the objects subject to payment of fees, the rates of collection, and the objects exempted from paying road usage fees.

5. Organize convenient ticket sales points as prescribed.

a) Organize ticket sales points at toll stations conveniently for vehicle drivers and avoid traffic congestion. Toll stations need to expand the network and forms of ticket sales, both convenient for ticket buyers and ensuring strict management to prevent loss of toll revenue.

b) Sell tickets promptly and fully according to the requirements of buyers, without limiting the objects or quantity of tickets sold.

6. Implement labor management, ticket management, toll revenue management, and management of toll station assets in accordance with current systems and regulations.

7. Coordinate with police forces, Road Traffic Inspectors, and other functional forces to promptly detect and handle fraudulent acts (not purchasing tickets, using or colluding to use fake tickets, used tickets, tickets not matching the type or weight of vehicles, expired tickets...) during the toll collection process.

Article 7. Organization of toll stations.

1. Positions of toll stations include:

a) Station Manager, Deputy Station Manager, Shift Leader, Team Leader;

b) Other staff members.

2. Appointment of positions specified in point a, Clause 1 of this Article shall be carried out as follows:

a) For toll stations on national highways managed by the State: The General Director of the Highway Management Zone or the Director of the Department of Transport (entrusted to manage toll stations on national highways) appoints the positions of Station Manager and Deputy Station Manager based on the proposal of the head of the fee collection unit. The remaining positions are appointed by the fee collection unit itself;

b) For toll stations on local roads managed by the State: The Director of the Department of Transport appoints the positions of Station Manager and Deputy Station Manager, the remaining positions are appointed by the fee collection unit itself;

c) For toll stations under the management of investors, such appointments are made according to the authority of the investor.

3. Staffing of personnel directly working at toll stations:

a) For toll stations on national highways managed by the State (excluding those transferred to investors), the staffing is approved by the Director of the Vietnam Highway Administration based on the proposal of the Highway Management Zone or the Department of Transport entrusted with management;

b) For toll stations on local roads (excluding those transferred to investors), the staffing is approved by the competent state authority of the locality based on the proposal of the Department of Transport;

c) For toll stations managed by investors, the staffing is determined by the investor based on actual needs.

Article 8. Responsibilities of the Toll Station Manager, Deputy Manager, Shift Leader, and Team Leader

1. The Toll Station Manager is the person directly responsible for managing and directing all activities at the toll station. The Manager shall be responsible for:

a) Organizing, arranging, and coordinating between departments and shifts to implement the fee collection plan, preventing traffic congestion, and resolving all matters in accordance with regulations and authority;

b) Regularly organizing and implementing inspections of each department, team, and shift's performance in fee collection activities. If any violation is discovered, immediately suspend the violating department or individual and report and recommend appropriate measures to the fee collection unit according to regulations;

c) The Manager shall be accountable to the head of the fee collection unit for the management and direction of the toll station's operations and shall be responsible individually or jointly for any violations occurring at the toll station under their charge.

2. Deputy Managers, Shift Leaders, and Team Leaders shall be accountable to the Manager for the tasks assigned to them.

Article 9. Uniforms and Insignia of Toll Station Staff

The uniforms and insignia of toll station staff shall be uniformly implemented nationwide in accordance with the regulations of the Ministry of Transport.

Article 10. Operating Hours of the Toll Station

1. The toll station operates 24 hours a day, seven days a week, including holidays.

2. In case of technical failures or other reasons causing the toll station to cease operation, measures must be taken to prevent traffic congestion in the toll station area, and immediate reports must be made to the direct supervisory authority to address the issue and resume toll station operations as soon as possible.

Article 11. Prohibited Acts

1. Fraudulent road usage fees, embezzlement of toll revenue, or collusion in fraudulent practices during fee collection, resulting in loss of toll revenue.

2. Unreasonable sale or inspection of tickets, causing inconvenience or harassment to ticket buyers, obstructing or causing traffic congestion in the toll station area, and collecting fees not in accordance with regulations.

3. Accepting cash from vehicle users without issuing tickets; allowing vehicles (which are required to purchase tickets) to pass through the toll station without tickets.

4. Unauthorized relocation of the toll station; expanding, arranging, changing, or supplementing toll lanes without approval; excavating the road surface, shoulders, or sidewalks in the toll station area, including digging holes for burying signposts or signal installations; adding deceleration stripes or speed bumps affecting the smoothness of vehicles passing through the toll station area without written permission from the competent state authority.

Article 12. Inspection, Supervision, and Handling of Violations

1. The fee collection unit must regularly inspect and supervise the toll station's operations to ensure compliance with regulations.

2. The competent state authority has the responsibility to conduct inspections and audits of the organization and operation of the toll station in accordance with laws and contractual provisions. Inspection and audit findings must be documented and recommendations for handling violations proposed.

3. Individuals or groups violating the provisions of Article 11 of this Circular will be dealt with in accordance with current laws and regulations.

Article 13. State Management of Toll Station Organization and Operations:

1. The Vietnam Highway Corporation shall perform the state management function regarding the organization and operations of toll stations.

2. The Vietnam Highway Corporation shall be responsible for organizing the implementation, inspecting, and supervising the organization and operations of toll stations on the national road system in accordance with the law and this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect 45 days from the date of issuance.

2. The Heads of the Ministry's Office, the Inspector General of the Ministry, the Heads of all Departments, the Director of the Vietnam Highway Corporation, the Director of the Construction Management and Quality Control Department of Transport Works, the Directors of Provincial Departments of Transportation, the heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.