Decision No. 07/2017/QD-TTg On the collection of tolls for road usage via electronic non-stop automatic systems

Pursuant to …;

Regarding the collection of road usage service feesthrough electronic automatic non-stop systems

____________

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

Pursuant to the Price Law dated June 20, 2012;

Pursuant to the Law on Fees and Registration Fees dated November 25, 2015;

At the proposal of the Minister of Transport;

The Prime Minister issues a Decision on the collection of road usage service fees through electronic automatic non-stop systems.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the collection of road usage service fees from vehicles subject to such fees across the country via electronic automatic non-stop systems, and the use of data from electronic automatic non-stop road usage fee collection stations for vehicle weight control.

Article 2. Applicability

This Decision applies to organizations and individuals involved in the collection of road usage service fees through electronic automatic non-stop systems and the use of data from electronic automatic non-stop road usage fee collection stations for vehicle weight control.

Article 3. Explanation of Terms

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

1. Road traffic vehicles are motorized road traffic vehicles and specialized motorcycles that fall under the category required to pay road usage service fees.

2. Vehicle owner is the owner of the road traffic vehicle or another person granted possession and use rights over the road traffic vehicle required to pay road usage service fees by the owner.

3. End terminal card is an electronic device installed on the vehicle to communicate with the electronic automatic non-stop road usage fee collection system and store information related to the technical safety inspection and environmental protection of motorized road traffic vehicles.

4. Identification number is the code assigned by the road usage service fee collection service provider to a vehicle upon installation of the end terminal card.

5. Prepaid account for road usage service fees (hereinafter referred to as prepaid account) is an account opened by the vehicle owner at the road usage service fee collection service provider to pay road usage service fees.

6. Electronic automatic non-stop road usage fee collection station is a location where road usage service fees are collected from vehicles participating in traffic through an automatic non-stop process, equipped with devices to identify end terminal cards and connected to a data center constructed according to an investment project approved by competent state authorities.

7. Investor is an organization or individual implementing investment activities for the construction and renovation of road infrastructure with road usage service fee collection.

8. Road usage service fee collection service provider (hereinafter referred to as service provider) is a unit selected by competent state authorities to invest in, construct, manage, and operate the electronic automatic non-stop fee collection system to provide road usage service fee collection services.

Article 4. Principles of collecting road usage service fees through electronic automatic non-stop systems automatic non-stop

1. The implementation of collecting road usage service fees through electronic automatic non-stop systems shall not increase the fee level compared to current collection methods.

2. Ensuring the right to benefit from road usage service fees of investors according to approved projects or contracts signed with competent state authorities.

3. Ensuring the security and confidentiality of personal information of users, except when providing information pursuant to decisions of competent state authorities as prescribed by law.

4. Ensuring the integration and timely provision of complete information to serve state management objectives as prescribed by law.

5. Ensuring transparency in the road usage service fee collection process.

6. Ensuring requirements for interconnection between electronic automatic non-stop road usage service fee collection systems.

Chapter II
COLLECTION OF ROAD USAGE SERVICE FEESELECTRONIC AUTOMATIC NON-STOP SYSTEMS

Article 5. Electronic Toll Collection System for Road Usage automatic non-stop

1. The automatic non-stop electronic toll collection system for road usage includes the following components:

a) Central management system;

b) Monitoring, maintenance, and customer service center;

c) End-user card service center;

d) Data center;

đ) Data transmission network system;

e) Equipment installation system at toll stations for road usage services;

g) End-user cards installed on transportation vehicles;

h) Other systems and equipment ensuring the operation of the automatic non-stop electronic toll collection system for road usage; ensuring interconnection between such systems.

2. The automatic non-stop electronic toll collection system for road usage must be designed, installed, and constructed nationwide in a synchronized manner, ensuring continuous, rapid, accurate, efficient, and safe operation.

3. The design, installation, management, and operation of the automatic non-stop electronic toll collection system for road usage shall be carried out by the toll service provider selected by the competent state authority in accordance with the provisions of the law on bidding.

Article 6. Design, Construction, and Operation of Toll Stations for Road Usage Services Electronically automatic non-stop

1. Automatic non-stop electronic toll stations for road usage services must be designed, constructed, and operated in accordance with the national standard for electronic toll collection systems, relevant technical standards, regulations, and legal provisions; and must be approved by the competent state authority.

2. For toll stations for road usage services that have been or are being constructed before this Decision takes effect, the toll service provider shall be responsible for upgrading the toll station infrastructure and installing the automatic non-stop electronic toll collection system for road usage services in accordance with Clause 1 of this Article.

3. For toll stations for road usage services that have not yet been constructed, the investor shall be responsible for constructing the toll station infrastructure in accordance with the approved design by the competent state authority, ensuring synchronized connection with the automatic non-stop electronic toll collection system for road usage services.

Article 7. End-User Cards Installed on Transportation Vehicles

1. Motor vehicles subject to tolls for road usage services must be equipped with end-user cards according to the standard for passive radio frequency identification for wireless communication.

2. The installation of end-user cards must be carried out at vehicle inspection units and authorized dealerships by the toll service provider. The toll service provider shall cooperate with functional agencies under the Ministry of Public Security and the Ministry of National Defense to install end-user cards on motor vehicles involved in traffic within the fields of security and defense.

3. Vehicle owners are not required to pay for the initial installation of end-user cards. When the end-user card is lost or damaged, the vehicle owner may obtain a new card and must pay the toll service provider for it, except in cases of objective reasons or technical faults.

Article 8. Opening and Using Prepaid Accounts

1. The service provider collects the account opening fee for prepaid accounts from vehicle owners through the electronic non-stop toll collection system on the first occasion of installing the terminal tag.

2. Each prepaid account can be used to pay for multiple vehicles, but each vehicle can only be paid from one account.

3. Prepaid accounts are stored in the database of the electronic non-stop toll collection system, including the following information:

a) Contact information of the vehicle owner: Identity card number, citizen identification card number, passport number; business registration code, residential address or main office address; contact phone number and email address for receiving electronic non-stop toll collection invoices;

b) Identification code of the vehicle that receives payment from the account;

c) Necessary information on the Certificate of Technical Safety Inspection and Environmental Protection: Vehicle weight, passenger capacity, vehicle type, license plate number;

d) Account balance and transaction history.

4. Within ten days from the date of change in the information specified in point a and point c of Clause 3 of this Article, the vehicle owner must notify the service provider to update the information on the electronic non-stop toll collection system.

5. When there is a change in the information specified in point c of Clause 3 of this Article, the Motor Vehicle Inspection Unit must update it on the electronic non-stop toll collection system.

Article 9. Depositing Money into Prepaid Accounts 1. The vehicle owner deposits money into the prepaid account to pay for road usage services through the following methods:

a) Transferring funds from a bank account or using bank payment services;

b) Using scratch cards to deposit money via SMS or the website of the service provider;

c) Depositing cash directly at authorized agents of the service provider;

d) Through intermediary payment units;

2. In cases where the vehicle owner has not deposited money into the prepaid account, the electronic non-stop toll collection transactions shall be carried out according to the provisions of Clause 4, Article 10 of this Decision.

đ) Other appropriate methods in accordance with the law.

3. The service provider opens an account with a commercial bank to receive road usage fees from the vehicle owner when passing through electronic non-stop toll collection stations; issues scratch cards and authorizes agents to facilitate payments for the vehicle owner.

Article 10. Handling Cases of Exemption, Monthly, Quarterly Collection, and Other Occurrences

1. Vehicles using national road usage service fees tickets recognized and allowed to pass through electronic non-stop toll collection stations by the electronic non-stop toll collection system.

2. Vehicles eligible for exemption under the law will have their prepaid account debited when passing through electronic non-stop toll collection stations. The service provider is responsible for checking and refunding the amount to the prepaid account within fifteen days from the date of the transaction.

3. Monthly and Quarterly Collection

a) If the vehicle owner wishes to pay the road usage service fee monthly or quarterly for a specific electronic non-stop toll collection station, the service provider will deduct the amount from the owner's account at the time of registration for monthly or quarterly payment.

b) When a vehicle registered for monthly or quarterly payment passes through the designated electronic non-stop toll collection station, the service provider will not deduct from the prepaid account. Apart from paying monthly or quarterly for the specific station, the vehicle owner must maintain sufficient balance in the prepaid account to pass other electronic non-stop toll collection stations.

4. Handling Occurrences: In cases where a vehicle with a terminal tag passes through an electronic non-stop toll collection station and the prepaid account does not have sufficient funds, the service provider will record the debt and notify the vehicle owner. The vehicle owner is obligated to deposit money into the prepaid account to settle the debt within ten days from the notification date. After this period, if the vehicle owner still fails to deposit money, the service provider may refuse to provide road usage services, initiate legal action against the owner, or take legal action as prescribed by law.

4. Handling of arising cases: In the case where a vehicle equipped with an electronic toll tag passes through an electronic toll collection station for road usage services via automatic non-stop and the prepaid account does not have sufficient funds to cover the cost, the service provider shall debit the account and notify the vehicle owner. The vehicle owner has the obligation to deposit money into the prepaid account to settle the debt within ten days from the date of receiving the notification. If the vehicle owner fails to pay within this period, the service provider may refuse to provide road usage services to the vehicle, initiate legal proceedings against the vehicle owner, or take legal action in accordance with the law.

Article 11. Revenue from Road Service Usage Fees

1. The entire amount collected at each toll station for electronic non-stop road service usage fees shall be returned by the fee collection service provider to the investor to ensure capital recovery according to the project contract after deducting the organization costs for collecting electronic non-stop road service usage fees as stipulated in the service provision contract.

2. Investors and fee collection service providers have the obligation to declare taxes and record accounting entries in accordance with the provisions of the law.

Article 12. Electronic Toll Receipts automatic non-stop

1. Electronic toll receipts for automatic non-stop road service usage fees shall be issued in electronic form. Electronic toll receipts for automatic non-stop road service usage fees must bear the electronic signature of the issuing entity as prescribed by law.

2. Paper receipts shall not be used for the collection of automatic non-stop electronic road service usage fees.

Article 13. Vehicle Weight Control

1. Toll stations for automatic non-stop electronic road service usage fees that install vehicle weight control equipment must be able to connect and display detailed information about the weight of vehicles passing through the station during operation.

2. Vehicle weight control equipment must be inspected by authorized state agencies before being put into use and calibrated and tested periodically as prescribed by law.

3. Competent authorities with jurisdiction may use the results obtained from the vehicle weight control equipment at toll stations for automatic non-stop electronic road service usage fees as a basis for handling violations according to the provisions of the law.

Chapter III
IMPLEMENTATION

Article 14. Responsibilities of the Ministry of Transport

1. Announce the route for installing end-user devices and organize the implementation of supervision over the collection of automatic non-stop electronic road service usage fees, ensuring accuracy, objectivity, and transparency.

2. Supervise the operation of the automatic non-stop electronic road service usage fee collection system in accordance with the provisions of the law.

3. Guide the use, management, and data connection from the automatic non-stop electronic road service usage fee collection system to serve state management tasks; the transfer process between investors and fee collection service providers to serve as a basis for authorized state agencies to manage and supervise the recovery of investment capital for projects.

4. Study and submit to the Government regulations on penalties for violations related to the operation of automatic non-stop electronic road service usage fee collection stations.

Article 15. Responsibilities of the Ministry of Public Security and the Ministry of National Defense

Direct competent agencies under the Ministry of Public Security and the Ministry of National Defense to implement the installation of end-user devices for motorized road traffic vehicles in the defense and security sectors participating in traffic.

Article 16. Responsibilities of the Ministry of Finance

Take the lead, coordinate with the Ministry of Transport to guide fee collection service providers in initiating, issuing, and using electronic receipts for the collection of automatic non-stop electronic road service usage fees.

Article 17. Responsibilities of the Ministry of Information and Communications

1. Guide the use of radio frequencies for the automatic non-stop electronic road service usage fee collection system; protect the frequencies of automatic non-stop electronic road service usage fee collection equipment and respond when situations arise that cause information security risks.

2. Guide and support fee collection service providers in ensuring information security for the automatic non-stop electronic road service usage fee collection system in accordance with the provisions of the law.

3. Inspect and supervise fee collection service providers in complying with legal provisions in the field of information technology related to the operation of automatic non-stop electronic road service usage fee collection..

Article 18. Responsibilities of the owner of road traffic vehicles

1. Present the vehicle with the terminal tag at the most recent inspection or before the inspection deadline according to the schedule prescribed by the Ministry of Transport, or immediately upon loss or damage of the terminal tag.

2. Shall not destroy, forge, interfere with the content of the terminal tag, or transfer the terminal tag from one vehicle to another.

3. Provide information to open a prepaid account for electronic non-stop toll road service usage, declare and modify account information when there are changes; provide necessary information for the service provider to credit the toll road service usage fee into the prepaid account as stipulated in Clause 2, Article 10 of this Decision.

4. Pay the toll road service usage fee as prescribed.

5. Comply with traffic guidance when passing through the electronic non-stop toll road service collection station; shall not enter the electronic non-stop toll lane without having installed the terminal tag.

6. Report and declare the use of national toll road service usage tickets to the service provider for updating in the entire system of electronic non-stop toll road service collection.

Article 19. Responsibilities of state agencies with competent authority

1. Implement the electronic non-stop toll road service collection in accordance with the prescribed schedule.

2. Organize the selection of service providers to carry out the electronic non-stop toll road service collection, ensuring uniformity and effectiveness; appraise and approve investment projects for electronic non-stop toll road service collection; appraise and approve technical design and budget estimates for the electronic non-stop toll road service collection system in accordance with the provisions of the law.

3. Approve the model contract for toll road service collection services; guide the distribution of collected funds at electronic non-stop toll road service collection stations to investors and service providers to ensure capital recovery for projects.

4. Take the lead and coordinate with investors to adjust project contracts to implement electronic non-stop toll road service collection.

5. Handle or propose handling of emerging matters within their authority.

Article 20. Responsibilities of investors in constructing road traffic infrastructure

1. Construct the infrastructure of toll road service collection stations as stipulated in Article 6 of this Decision; facilitate the service provider to improve and install equipment at electronic non-stop toll road service collection stations according to the national standard on electronic toll collection systems, technical standards, regulations, and approved technical designs by competent state agencies.

2. Coordinate with competent state agencies to amend project contracts to ensure the implementation of the transition to electronic non-stop toll road service collection.

3. Sign a toll road service collection service contract with the service provider according to the model approved by competent state agencies.

4. Delegate the service provider to issue electronic non-stop toll road service collection receipts to vehicle owners participating in traffic.

5. Supervise the electronic non-stop toll road service collection activities of the service provider for projects managed and operated by the investor.

6. Transfer the toll road service collection station to the service provider according to the schedule specified in Clause 1 and Clause 2, Article 22 of this Decision.

Article 21. Responsibilities of the service provider for collecting tolls

1. Managing and operating the electronic automatic non-stop toll collection system for road usage services; collecting tolls fully and correctly from the prescribed toll-paying entities according to the law; ensuring continuous operation of the electronic automatic non-stop toll collection system for road usage services; protecting absolute security of information for the system; not interfering with or distorting toll collection information and data; safeguarding personal information of vehicle owners in accordance with the law.

2. Constructing, upgrading, and installing the electronic automatic non-stop toll collection system for road usage services as stipulated in Article 6 of this Decision; guiding the use and warranty of end-user cards; opening and managing prepaid toll accounts for road usage services and accounts for receiving tolls in accordance with the law; storing account information of vehicle owners; providing account balance and transaction history information upon request of the account holder.

3. Coordinating with investors to sign service contracts for electronic automatic non-stop toll collection for road usage services; promptly taking over toll collection stations for road usage services according to the handover schedule; issuing automatic non-stop toll collection receipts for vehicles participating in traffic on behalf of the investor.

4. Reporting toll collection results for road usage services to investors and competent state agencies, creating conditions for investors to inspect and supervise the operation of electronic automatic non-stop toll collection for road usage services.

5. Notifying competent state agencies about violations committed by vehicle owners for handling in accordance with the law.

6. Reporting to competent state agencies on the implementation of electronic automatic non-stop toll collection for road usage services quarterly and when incidents occur.

7. Continuously expanding the network of authorized agents to facilitate the installation of end-user cards for vehicles.

8. Implementing data connection and sharing from the electronic automatic non-stop toll collection system for road usage services to competent state agencies and the Ministry of Transport for state management purposes in transportation.

9. Reporting to competent state agencies to submit to the Prime Minister for consideration and decision regarding the transfer of part or all of the electronic automatic non-stop toll collection system for road usage services to foreign investors.

10. Ensuring the implementation of interconnection and accurate data reconciliation with other electronic automatic non-stop toll collection systems of other toll collection service providers.

Article 22. Handover schedule for managing and operating toll collection stations

1. For projects constructing infrastructure for national highways and the Ho Chi Minh Highway section passing through the Central Highlands:

a) By no later than December 31, 2018, investors must hand over all operational toll collection stations for road usage services to the toll collection service provider to implement electronic automatic non-stop toll collection in accordance with this Decision. The specific schedule shall be decided by the competent state agency.

b) For toll collection stations constructed after January 1, 2019, investors must hand over the entire management and operation of toll collection stations for road usage services immediately after acceptance and commissioning to the toll collection service provider.

2. Management and operation of toll collection stations for road usage services for other projects constructing infrastructure for highways shall be decided by the competent state agency based on actual conditions, but no later than December 31, 2019, the entire management and operation of toll collection stations for road usage services must be handed over to the toll collection service provider to implement electronic automatic non-stop toll collection for road usage services.

3. Construction of toll collection stations for road usage services for new investment projects shall be carried out in accordance with this Decision.

Article 23. Effectiveness of Implementation

This Decision takes effect from May 15, 2017.

Article 24. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and related organizations and individuals are responsible for implementing this Decision./.