Decree No. 119/2024/ND-CP on electronic payment for road traffic

DECREE

Regulations on electronic payment for road traffic

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Road Law dated June 27, 2024;

Pursuant to the Law on Information Technology dated June 29, 2006;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

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

||| Pursuant to the Cyber Security Law dated June 12, 2018;

Pursuant to the Law on Public-Private Partnership Investment dated June 16, 2020;

Pursuant to the Price Law dated June 19, 2023;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

At the proposal of the Minister of Transport;

The Government promulgates this Decree on electronic payment for road traffic.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on electronic payment for road traffic; traffic accounts; payment for road usage fees on expressways; and the database for electronic payment for road traffic.

Article 2. Applicability

This Decree applies to organizations and individuals related to the activities of electronic payment for road traffic.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Road traffic vehicles (hereinafter referred to as vehicles) are motorized road vehicles, special-purpose motorcycles, and similar types of vehicles subject to various fees, prices, and service charges related to vehicle traffic activities.

2. Vehicle owner is the owner of the vehicle or any individual or organization granted by the owner the right to possess and use the vehicle subject to various fees, prices, and service charges related to vehicle traffic activities. The vehicle owner is simultaneously the traffic account holder and the payer as defined in this Decree.

3. End device is an electronic device installed on the vehicle to communicate with the system of devices installed at collection points according to the standard for passive radio frequency identification for wireless communication and storage of information related to technical safety inspection and environmental protection of the vehicle.

4. Fees, prices, and service charges related to vehicle traffic activities include:

a) Road usage fees including service charges for road usage under price laws and tolls for expressway usage collected from vehicles traveling on expressways invested in, owned, managed, and operated by the State;

b) Other fees, prices, and service charges related to vehicle traffic activities.

5. Competent authorities include:

a) The Ministry of Transport for road infrastructure investment projects collecting road usage fees managed by the Ministry of Transport, projects of Vietnam Expressway Development Corporation, and services related to vehicle traffic activities managed by the Ministry of Transport;

b) Other ministries and sectors for other services related to vehicle traffic activities managed by the respective ministries and sectors;

c) Provincial People's Committees for road infrastructure investment projects collecting road usage fees and services related to vehicle traffic activities managed by localities.

6. Service provider for electronic payment of road usage fees is the entity selected by the competent authority to provide electronic payment services for road traffic for the fees, prices, and service charges specified in Clause 4 of this Article.

7. Service provider for electronic payment of road traffic is the entity selected by the competent authority or the collection management unit to provide electronic payment services for road traffic for the fees, prices, and service charges specified in Point b Clause 4 of this Article.

8. Collection management unit is the organization granted the right to collect or has the right to collect various fees, prices, and service charges related to vehicle traffic activities by the competent authority.

9. Collection operation unit is the organization selected by the collection management unit to operate the system of devices installed at collection points.

10. Collection point is the place where a toll station is set up or where systems of devices are installed to interact with vehicles, read information from vehicles and end devices, and process electronic payment transactions for road traffic or other forms of payment approved by the collection management unit.

11. Electronic payment transaction database management system is a component of the road database management system invested in, organized, managed, and operated by the Ministry of Transport to centrally manage the electronic payment transaction database for road traffic.

12. Operation system and data center of the service provider for electronic payment of road usage fees or the service provider for electronic payment of road traffic (hereinafter collectively referred to as the service provider for electronic payment of road traffic) includes subsystems, hardware, and software systems located at the data center serving requirements and business processes of electronic payment for road traffic. The operation system and data center of the service provider for electronic payment of road traffic receive and process transactions sent from the system of devices installed at collection points and perform functions prescribed in this Decree.

Article 4. General Principles

1. Ensuring transparency in the work of electronic payment for various fees, prices, and service charges related to vehicle traffic activities.

2. Ensuring connectivity and interoperability among components of the electronic payment for road traffic system. Each vehicle shall be equipped with only one end device at any given time.

3. Ensuring the security and confidentiality of personal information of vehicle owners in accordance with laws on personal data protection, except when providing information pursuant to decisions of competent state agencies as provided by law.

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

5. Ensuring the right of vehicle owners to choose and use value-added services.

Article 5. Acts not to be carried out in electronic payment activities for road traffic

1. Destroying, forging, deleting data or interfering with the content of end-user cards; transferring end-user cards from one participating vehicle to another.

2. Intruding or attempting to intrude, damaging, stealing data, illegally altering software programs, electronic data used in electronic payment activities for road traffic; exploiting system network errors for personal gain.

3. Providing false information during participation in electronic payment activities for road traffic.

4. Disclosing or providing personal data-related information not in accordance with the provisions of the law.

5. Opening or maintaining anonymous or fake traffic accounts.

6. Intentional acts of evading or cheating in electronic payment activities for road traffic.

7. Unfair competition among service providers of electronic payment activities for road traffic.

Chapter II

ELECTRONIC PAYMENT SYSTEM FOR ROAD TRAFFIC

Article 6. Composition of the electronic payment system for road traffic

1. Electronic payment for road traffic is automatically performed by the electronic payment system for road traffic (hereinafter referred to as the electronic payment system for road traffic).

2. The electronic payment system for road traffic includes the following components:

a) End-user cards attached to vehicles;

b) The management system of the electronic payment database for road traffic;

c) The operation system and data center of the electronic payment service provider;

d) Equipment systems installed at collection points;

đ) Data transmission systems;

e) Other systems, equipment, and components ensuring the operation of the electronic payment system for road traffic; ensuring interconnection between the components of the electronic payment system for road traffic.

Article 7. End-user cards attached to vehicles

1. Vehicles must have end-user cards attached to open traffic accounts. The attachment and activation of end-user cards are carried out by the service provider of road usage payment according to the provisions of this Decree.

2. The Ministry of Public Security, the Ministry of National Defense shall cooperate with the Ministry of Transport and the service provider of road usage payment to attach end-user cards to vehicles serving security and defense purposes participating in traffic.

3. Vehicle owners must pay the cost of attaching end-user cards to the service provider of road usage payment. The service provider of road usage payment shall provide warranty for the end-user cards for a minimum period of 12 months from the date of attachment.

Article 8. Management system of the electronic payment database for road traffic

1. The management system of the electronic payment database for road traffic must meet the following requirements:

a) The management system of the electronic payment database for road traffic is built according to technical standards and norms related to information technology, economic and technical quotas, ensuring stable and continuous operation;

b) Ensuring connection with the systems and databases specified in Clause 2 of this Article;

c) Ensuring the right to exploit information of agencies, organizations, and individuals in accordance with the provisions of the law on electronic transactions and other relevant laws.

2. The management system of the electronic payment database for road traffic is connected to the following systems and databases:

a) The operation system and data center of the electronic payment service provider;

b) Database on traffic order and safety;

c) National population database.

3. Information in the electronic payment database for road traffic is centrally managed at the management system of the electronic payment database for road traffic as stipulated in the Appendix to this Decree.

4. Costs for managing, operating, and exploiting the management system of the electronic payment database for road traffic are taken from the organizational, management, and supervision costs of tolls, prices, and service fees related to the operation of vehicles and financial sources prescribed in Clause 1 of Article 42 of the Road Law.

Article 9. Management System and Data Center of Electronic Traffic Payment Service Providers

1. The management system and data center of the Electronic Road Usage Payment Service Provider shall be invested in, constructed, improved, upgraded, managed, operated, and exploited to perform the following contents:

a) Opening and managing traffic accounts;

b) Determining the costs that vehicle owners must pay for services provided by the Electronic Road Usage Payment Service Provider;

c) Connecting with legitimate payment means of organizations providing non-cash payment services or intermediary payment service organizations (hereinafter referred to as organizations providing non-cash payment means) in accordance with Clause 2, Article 11 of this Decree;

d) Refunding revenue from fees, prices, and other service charges related to the operation of vehicles for traffic management units.

2. The management system and data center of the Electronic Road Traffic Payment Service Provider shall be invested in, constructed, improved, upgraded, managed, operated, and exploited to perform the following contents:

a) Connecting and using traffic account information from the Road Traffic Electronic Payment Database Management System;

b) Determining the costs that vehicle owners must pay for services provided by the Electronic Road Traffic Payment Service Provider;

c) Connecting with legitimate payment means of organizations providing non-cash payment means in accordance with Clause 2, Article 11 of this Decree;

d) Refunding revenue from fees, prices, and other service charges related to the operation of vehicles for traffic management units.

3. The management system and data center of the Electronic Traffic Payment Service Provider must meet the following requirements:

a) The management system and data center shall be built according to technical standards and norms for information technology and economic-technical quotas relevant to ensure stable and continuous operation;

b) Ensuring connection with systems and databases specified in Clause 4 of this Article;

c) Ensuring the right to exploit information of agencies, organizations, and individuals in accordance with the provisions of the law on electronic transactions and other relevant laws.

4. The management system and data center of the Electronic Traffic Payment Service Provider shall be connected to the following systems and databases:

a) The Road Traffic Electronic Payment Database Management System;

b) Equipment systems installed at collection points;

Article 10. Equipment Systems Installed at Collection Points

1. Equipment systems installed at collection points shall be designed, invested in, constructed, improved, upgraded, managed, operated, maintained, and connected to the management system and data center of the Electronic Traffic Payment Service Provider to perform the following contents:

a) Determining transactions of traffic vehicles at collection points;

b) Determining the costs that vehicle owners must pay in road traffic electronic payment transactions not yet determined by the Electronic Traffic Payment Service Provider in accordance with Point b, Clause 1 and Point b, Clause 2 of Article 9 of this Decree.

2. The traffic management unit organizes investment, construction, improvement, management, and operation of equipment systems installed at collection points and decides on management, operation, and maintenance costs in accordance with Article 41 of the Road Law.

Chapter III

OPENING AND USING TRAFFIC ACCOUNTS

Article 11. Opening a traffic account

1. The service provider for payment of road usage fees shall open a traffic account and provide access to the electronic traffic payment application for the vehicle owner immediately upon the first installation of the terminal card.

2. At the time of executing an electronic traffic payment transaction on roads, the traffic account can only be connected to one non-cash payment instrument in accordance with banking laws to execute electronic traffic payments on roads. The non-cash payment instrument is provided by the non-cash payment instrument supplier through a service contract with the electronic traffic payment service provider.

3. Each traffic account may be used to pay for multiple vehicles owned by the vehicle owner; each participating vehicle can only receive payments from one traffic account.

4. Subjects eligible to open a traffic account include:

a) Individuals who have full capacity for civil acts according to the law;

b) Organizations established and operating legally according to the law.

5. The documentation for opening a traffic account must ensure the provision of complete traffic account information as stipulated in the Appendix attached to this Decree.

6. Verification of vehicle owner information when opening a traffic account

a) The vehicle owner must provide and update all accurate information in the traffic account opening documentation to the service provider for payment of road usage fees and bear responsibility for the truthfulness of the information they provide.

b) The service provider for payment of road usage fees has the responsibility to check, compare; verify the identification information of the vehicle owner in cases where the vehicle owner is an organization and authenticate the identification information of the vehicle owner through the national population database in cases where the vehicle owner is an individual.

7. Traffic account information must be synchronized by the electronic traffic payment service provider to the traffic electronic payment management database system after opening or after each change in information. Payment instrument information must be synchronized by the road traffic payment service provider to the traffic electronic payment management database system after connection or after each change or addition of payment instruments. These pieces of information must be synchronized with the traffic electronic payment management database system within six hours from the time of updating or changing on the operation system and data center of the electronic traffic payment service provider.

8. The service provider for payment of road usage fees must publicly disclose to the vehicle owner the terms regarding registration and use of the traffic account; procedures and formalities for receiving and processing traffic account opening documentation; methods and locations for signing contracts for opening and using traffic accounts suitable to their conditions and capabilities but must ensure compliance with legal provisions and bear responsibility for the accuracy, rigor, and completeness of the traffic account opening documentation and contracts.

9. In case there is a change in the traffic account opening documentation information, the traffic account holder must notify the service provider for payment of road usage fees to update on the traffic electronic payment management database system within a maximum period of ten days from the date of change. The traffic account holder bears full responsibility in case they fail to notify the service provider for payment of road usage fees as stipulated in this clause.

Article 12. Use of traffic accounts

1. The vehicle owner must ensure that there is sufficient money in the payment means connected to the traffic account when performing electronic road traffic payments.

2. In case the amount of money in the payment means connected to the traffic account is insufficient to perform the payment for using expressways, the vehicle shall not pass through the toll station on the expressway.

3. In case the amount of money in the payment means connected to the traffic account is insufficient to perform the payment for using roads, the vehicle must use the mixed toll lane at the toll station, except in the case provided for in Clause 2 of this Article.

4. In case the amount of money in the payment means connected to the traffic account is insufficient to perform electronic road traffic payments, except in the cases provided for in Clauses 2 and 3 of this Article, other forms of payment shall be implemented at the collection point.

5. Service providers of road usage fee payment services directly use traffic accounts managed by themselves to perform electronic road traffic payments for services provided by such service providers.

6. When requested or with the consent of the traffic account holder, the service provider of road traffic payment services uses traffic account information through connection and data sharing with the Electronic Road Traffic Payment Data Management System to perform electronic road traffic payments for services provided by such service providers. The service provider of road traffic payment services provides access accounts for the road traffic electronic payment application to the vehicle owner.

7. In case the service provider of electronic road traffic payment services cannot maintain electronic road traffic payment services, the Ministry of Transport decides on the use of traffic accounts to ensure uninterrupted operation of electronic road traffic payments based on the agreement of the traffic account holder.

Article 13. Locking traffic accounts

1. Locking traffic accounts upon request of the traffic account holder

a) The service provider of road usage fee payment services locks the traffic account upon the request of the traffic account holder or the guardian, lawful representative of the traffic account holder, or according to a prior written agreement between the traffic account holder and the service provider of road usage fee payment services, except in the case provided for in Point b of this Clause.

b) The service provider of road usage fee payment services refuses the request to lock the traffic account if the traffic account holder has not yet settled the outstanding debt owed to the service provider of road usage fee payment services or the service provider of road traffic payment services. Information on the outstanding debt owed to the service provider of road traffic payment services is synchronized from the Electronic Road Traffic Payment Data Management System.

c) The time to lock the traffic account is carried out according to the request of the traffic account holder or the guardian, lawful representative of the traffic account holder, or according to a written agreement between the traffic account holder and the service provider of electronic road traffic payment services.

2. Locking traffic accounts upon written request of competent authorities as prescribed by law

a) The service provider of road usage fee payment services locks the traffic account upon a written request of competent authorities as prescribed by law.

b) Immediately after locking the traffic account, the service provider of road usage fee payment services must notify the traffic account holder or the guardian, lawful representative of the traffic account holder about the reason for locking the traffic account.

c) The time to lock the traffic account is carried out according to the request of competent authorities in the written request to lock the traffic account or in the written request to terminate the locking of the traffic account.

Article 14. Closing Traffic Accounts

1. The service provider for road usage payment settlement shall close traffic accounts in the following cases:

a) Upon request to close the traffic account from the traffic account holder or the guardian, legal representative of the traffic account holder, and the traffic account holder has fulfilled all related obligations concerning the traffic account;

b) The traffic account holder is an individual who has died, been declared dead, or missing; the traffic account holder is an organization that has ceased operations, gone bankrupt, or been dissolved according to the law;

c) Cases of closing traffic accounts as agreed between the service provider for road usage payment settlement and the traffic account holder;

d) The traffic account holder commits any prohibited acts stipulated in Article 5 of this Decree or violates the agreement on opening and using the traffic account with the service provider for road usage payment settlement;

đ) Other cases as prescribed by law.

2. After closing the traffic account, if the traffic account holder wishes to use the traffic account again, they must follow the procedures to open a traffic account as prescribed in Article 11 of this Decree.

Chapter IV

ELECTRONIC PAYMENT FOR ROAD TRAFFIC

Section 1 ROAD USAGE PAYMENT SETTLEMENT

Article 15. Electronic Non-stop Payment for Road Usage

1. Operation mode of equipment installed at toll stations for electronic non-stop payment

a) Single-lane with barrier mode

Under this mode, the barrier at the toll station will be lifted for vehicles to pass when the vehicle is equipped with a valid terminal card and successfully completes the road usage payment transaction.

b) Multi-lane free-flow mode

Under this mode, only the long gate and toll collection devices mounted on the long gate remain at the toll station area. This mode is applicable only at the entrance of expressways.

2. Process of handling transactions for electronic non-stop payment for road usage

a) When a vehicle enters the detection zone of the equipment installed at the toll station, the equipment reads the information and sends the transaction details to the operation system and data center of the service provider for road usage payment settlement to process the road usage payment and then sends back the information to the equipment at the toll station to conclude the transaction.

b) Information exchange and transaction processing are carried out according to technical standards and specifications for toll stations and other relevant technical standards and specifications.

c) After concluding the transaction, the service provider for road usage payment settlement and the operating unit synchronize the transaction details to the electronic payment traffic database system.

3. Methods of paying for road usage

Road usage payments are made through open and closed methods. Specifically:

a) The open method is a payment method where the vehicle owner pays a fixed amount at the toll station regardless of the distance traveled on the road usage payment section but depends on the type of vehicle.

b) The closed method is a payment method where the vehicle owner pays a fixed amount at the toll station based on the distance traveled on the road usage payment section and the type of vehicle.

4. Expressway routes and sections; connected expressway routes and sections are organized into a unified collection system and operate under the closed method via electronic non-stop payment.

5. Toll stations not located on expressways must implement electronic non-stop payment for road usage and maintain one mixed toll lane or one fault handling lane (lane applying both electronic non-stop and one-stop payment methods) on each direction of traffic flow as prescribed.

6. Design, investment, construction, renovation, and upgrading of toll stations, operation modes of equipment installed at toll stations, and collection methods for road usage payments are decided by the competent authority in the feasibility study report of the infrastructure road investment project or in the asset management plan for road infrastructure.

Article 16. Reconciliation of Revenue from Road Usage Fees

1. The reconciliation of revenue from road usage fees shall be carried out according to the following principles:

a) Daily, the service provider for road usage fee payments shall reconcile revenue from road usage fees within the time frame from 00:00 to 24:00 (the data closing point) with the collection operation unit to serve as the basis for the service provider for road usage fee payments to refund revenue from road usage fees to the collection management unit.

b) Monthly, the service provider for road usage fee payments and the collection management unit shall reconcile and settle accounts before the fifth day of the following month or at another agreed-upon date by both parties.

c) Within thirty days from the end of each fiscal year, the service provider for road usage fee payments and the collection management unit shall settle accounts and finalize the settlement for the preceding year.

2. The service provider for road usage fee payments shall establish business procedures specifying the time for offsetting, payment, review, and data verification to ensure timely, complete, and accurate finalization of settlements for all related parties.

3. The collection management unit, the collection operation unit, and the service provider for road usage fee payments shall have the responsibility to coordinate in implementing the reconciliation process and rectify and adjust any errors or discrepancies identified through the reconciliation process.

4. After reconciling revenue from road usage fees, the service provider for road usage fee payments shall synchronize transaction information for road usage fee payments that have been updated to the Electronic Traffic Payment Database System.

Article 17. Refund of Revenue from Road Usage Fees

1. Based on the unified data after daily reconciliation of revenue from road usage fees, the service provider for road usage fee payments shall transfer the entire amount of road usage fees collected (including value-added tax) to the collection management unit via electronic non-stop toll collection systems at each toll station after deducting organizational, management, and supervision costs for collecting road usage fees. The transfer time shall comply with the service agreement between the service provider for road usage fee payments and the collection management unit but shall not exceed forty-eight hours from the data closing point. In cases where banks are closed during holidays or weekends preventing the transfer through the banking system, the transfer will be made on the next working day, except when the parties have agreed otherwise.

2. The service provider for road usage fee payments shall be responsible for establishing procedures for electronic non-stop toll collection transactions; declaring and paying taxes on organizational, management, and supervision costs for collecting road usage fees according to the provisions of the law.

Article 18. Handling Cases of Exemption, Monthly, Quarterly, and Annual Collection

1. Vehicles exempted from road usage fees under the law shall be equipped with terminal cards and traffic accounts with priority vehicle information. When passing through electronic non-stop toll lanes, they will be automatically recognized and allowed to pass through toll stations.

2. Monthly, Quarterly, and Annual Collection

a) In cases where the vehicle owner requests to pay road usage fees monthly, quarterly, or annually for one or several specific toll stations using electronic non-stop toll collection methods, the service provider for road usage fee payments shall deduct the payment from the vehicle owner's payment means at the time of registration for monthly, quarterly, or annual payment.

b) For vehicles registered for monthly, quarterly, or annual payment passing through registered toll stations, the service provider for road usage fee payments shall not deduct payment from the vehicle owner's payment means. Apart from paying monthly, quarterly, or annually for specific toll stations registered, the vehicle owner must also comply with other payment methods stipulated to pass through other electronic non-stop toll stations if needed.

Article 19. Costs for organizing, managing, and supervising the collection of road usage fees

1. Costs for organizing, managing, and supervising the collection of road usage fees include costs for the Service Provider of Road Usage Payment Services and management costs for operating and exploiting the Electronic Traffic Payment Management Database System.

2. The costs for the Service Provider of Road Usage Payment Services shall be determined in the service collection contract between the Service Provider of Road Usage Payment Services and the Collection Management Unit.

Section 2 PAYMENT OF VARIOUS FEES, PRICES, AND OTHER SERVICE CHARGES

Article 20. Payment of various fees, prices, and other service charges

1. The Collection Management Unit shall use single-lane systems with barriers or mobile device systems to read terminal card information to pay various fees, prices, and other service charges that need to be collected.

2. Transaction processing for payment

a) In cases where the Service Provider of Road Traffic Payment Services determines the cost

When the vehicle enters the detection area of the equipment installed at the collection point, the equipment installed at the collection point will read the information, send transaction information to the Operation System and data center of the Service Provider of Road Traffic Payment Services to execute electronic traffic payment and send the information back to the equipment installed at the collection point to conclude the transaction.

b) In cases where the equipment installed at the collection point determines the cost

When the vehicle enters the detection area of the equipment installed at the collection point, the equipment installed at the collection point will read the information to calculate the fees, prices, and other service charges that need to be collected and send transaction information to the system of the Service Provider of Road Traffic Payment Services to execute electronic traffic payment; the Service Provider of Road Traffic Payment Services sends the processed transaction information back to the equipment installed at the collection point to conclude the transaction.

c) Information exchange content and transaction processing for electronic traffic payment shall be carried out in accordance with technical standards for collection points and other related technical standards.

d) After concluding the transaction, the Service Provider of Road Traffic Payment Services and the Collection Operating Unit shall synchronize the electronic traffic payment transaction information to the Electronic Traffic Payment Management Database System.

đ) The Collection Management Unit decides on the payment processing method according to point a or point b of Clause 2 of this Article.

3. The Collection Management Unit decides on the appropriate payment method suitable for the services requiring fee, price, or service charge collection.

Article 21. Revenue Settlement for Services

1. Revenue settlement for services shall be conducted based on the following principles:

a) Daily, the Service Provider of Road Traffic Payment Services conducts revenue settlement for services within the time frame from 00:00 to 24:00 (the data reconciliation cut-off time) with the equipment installed at the collection point as the basis for the Service Provider of Road Traffic Payment Services to refund service revenue to the Collection Management Unit;

b) Monthly, the Service Provider of Road Traffic Payment Services and the Collection Management Unit conduct reconciliation and settle accounts before the fifth day of the following month or another agreed date;

c) Within thirty days from the end of each fiscal year, the Service Provider of Road Traffic Payment Services and the Collection Management Unit conduct final account reconciliation and settlement for the previous year.

2. The Service Provider of Road Traffic Payment Services establishes a business process specifying the reconciliation period, payment procedures, dispute resolution, data verification, and ensuring timely, complete, and accurate settlement for all relevant parties.

3. The Collection Management Unit, the Collection Operating Unit, and the Service Provider of Road Traffic Payment Services have the responsibility to cooperate in implementing the reconciliation process and rectifying errors and discrepancies identified through the reconciliation process.

4. After revenue settlement for services, the Service Provider of Road Traffic Payment Services synchronizes any changed electronic traffic payment transaction information to the Electronic Traffic Payment Management Database System.

Article 22. Revenue Refund for Services

1. Based on the agreed data after daily reconciliation of service revenue, the Service Provider for Road Traffic Payment shall transfer the entire amount corresponding to the service revenue obtained from the reconciliation (including value-added tax) at each collection point to the Management Unit after deducting organizational, management, and supervision costs, prices, and other service fees as prescribed. The transfer time shall be in accordance with the service collection contract between the Service Provider for Road Traffic Payment and the Management Unit but shall not exceed 48 hours from the moment the data is finalized. In cases where bank systems are closed during holidays or non-working days and cannot perform bank transfers, the transfer will be made on the next working day, except when the parties have agreed otherwise.

2. The Service Provider for Road Traffic Payment is responsible for establishing procedures for transaction processing for fee, price, and other service payments; declaring and paying taxes on the portion of organizational, management, and supervision costs, prices, and other service fees received according to the provisions of the law.

Article 23. Handling Cases of Exemption, Monthly, Quarterly, and Annual Collection

1. Vehicles exempted from payment of various fees, prices, and other service charges according to the law or the Management Unit's regulations, which are equipped with terminal cards, will be automatically recognized and allowed to pass through collection points or confirmed as exempted when passing through collection points.

2. Monthly, Quarterly, and Annual Collection

a) In cases where vehicle owners wish to pay various fees, prices, and other service charges monthly, quarterly, or annually for specific collection points, the Service Provider for Road Traffic Payment shall deduct the amount from the vehicle owner's payment means at the time of registration for monthly, quarterly, or annual payment.

b) Vehicles that have registered for monthly, quarterly, or annual payment passing through registered collection points will not have their payment means deducted by the equipment installed at the collection points. In addition to paying monthly, quarterly, or annually for the specific collection points registered, vehicle owners must comply with the prescribed payment methods to pay various fees, prices, and other service charges at other collection points if needed.

Article 24. Organizational, Management, and Supervision Costs for Fee, Price, and Other Service Payments

1. Organizational, management, and supervision costs for fee, price, and other service payments include costs for the Service Provider for Road Traffic Payment and management, operation, and exploitation costs of the Electronic Payment Transaction Management System database.

2. Costs for the Service Provider for Road Traffic Payment shall be determined in the service collection contract between the Service Provider for Road Traffic Payment and the Management Unit.

Section 3 INFORMATION, REPORTING AND DATA SECURITY, INFORMATION SAFETY

Article 25. Rights to Information and Reporting

1. Authorized agencies, units managing the Electronic Payment Transaction Management System database, and collection management units have the right to request electronic traffic payment service providers to provide relevant electronic traffic payment transaction information periodically and urgently.

2. Electronic traffic payment service providers and collection management units have the right to request vehicle owners to provide traffic account information or relevant electronic traffic payment transaction information when using their services, based on the principle of complying with Clause 3 of Article 4 of this Decree.

Article 26. Obligations regarding information and reporting

1. The electronic payment service provider for traffic has the obligation to report and provide information to competent authorities as prescribed in Clause 1 of Article 25 of this Decree.

2. The electronic payment service provider for traffic has the obligation to provide transaction information from traffic accounts to vehicle owners who have opened such accounts according to agreement.

Article 27. Security and Information Network Safety

1. Right to Refuse Provision of Information

The operating unit of the Electronic Payment Traffic Management Database System, the electronic payment service provider for traffic, and the collection operation unit have the right to refuse requests from organizations and individuals for information about vehicle owners, transactions, and vehicle owners themselves, except in cases where such requests are made by competent state agencies as prescribed by law or with the consent of the traffic account holder.

2. Obligation to Protect Information

The operating unit of the Electronic Payment Traffic Management Database System, the electronic payment service provider for traffic, and the collection operation unit have the responsibility to keep confidential information related to vehicle owners and their transactions, except where otherwise provided by law.

3. Network Information Security

The management unit of the Electronic Payment Traffic Management Database System, the electronic payment service provider for traffic, and the collection management unit have the responsibility to protect the information systems within their management scope in accordance with laws on network information security and electronic transactions.

Article 28. Ensuring Safety in Payments

The electronic payment service provider for traffic and the collection operation unit must apply measures to ensure safety in payments as prescribed by law. Vehicle owners have the obligation to comply with safety measures in payments as prescribed and guided by the electronic payment service provider for traffic.

Chapter V

RESPONSIBILITIES OF UNITS IN PAYMENTS

Article 29. Responsibilities of the Ministry of Transport

1. Organizing implementation, inspection, and supervision of electronic traffic payment activities, ensuring accuracy, objectivity, and transparency.

2. Managing and controlling the operations of the Electronic Traffic Payment System in accordance with the law.

3. Investing, organizing management, operation, and exploitation of the Electronic Payment Traffic Management Database System in accordance with regulations.

4. Performing the duties of a competent authority for projects collecting road usage fees as prescribed; electronically paying various fees, prices, and services within its management scope related to traffic activities.

5. Handling or recommending handling of arising matters within its authority.

6. Coordinating with the Ministry of Public Security to connect and share between the database on traffic order and safety and components of the Electronic Traffic Payment System.

Article 30. Responsibilities of Relevant Ministries, Sectors, and Localities

1. Ministry of Public Security, Ministry of National Defense

Directing functional agencies under the Ministry of Public Security and Ministry of National Defense to coordinate with the Ministry of Transport and the electronic road usage fee payment service provider to implement the installation of end-user devices for vehicles serving defense and security purposes participating in traffic.

2. Ministry of Finance

Taking the lead and coordinating with the Ministry of Transport to manage and guide the electronic payment service provider for traffic and the collection management unit to use electronic invoices in accordance with the law on invoices in electronic traffic payment activities.

3. Ministry of Information and Communications

a) Issuing permits for the use of radio frequency and handling harmful interference (if any) for radio equipment belonging to the Electronic Traffic Payment System in accordance with the law on radio frequencies.

b) Guiding and supporting relevant units in ensuring information security for components of the Electronic Traffic Payment System in accordance with the law.

c) Inspecting and supervising relevant units in implementing legal provisions in the field of information technology related to electronic traffic payment activities.

d) Directing news agencies, press, and grassroots information systems to intensify propaganda and dissemination of benefits as well as legal provisions on electronic traffic payment activities.

4. Other ministries and sectors

Performing tasks within their functions and authority in electronically paying various fees, prices, and services related to traffic activities of vehicles managed by the ministry or sector.

5. Provincial People's Committees

Performing the duties of a competent authority for projects collecting road usage fees as prescribed; electronically paying various fees, prices, and services within its management scope related to traffic activities of vehicles.

Article 31. Rights and Obligations of the Vehicle Owner

1. Implement the installation of the terminal tag for the vehicle at the nearest inspection or before the inspection deadline, or upon the first passage through a toll station on a highway, or immediately when the terminal tag is lost or damaged due to the owner's fault, or after the warranty period has expired. Pay for the installation of the terminal tag to the Service Provider of Road Usage Payment according to regulations.

2. Provide information to open a traffic account, declare and modify traffic account information when there is a change; provide necessary information for the Electronic Traffic Payment Service Provider to refund money into the payment method linked to the owner's traffic account when necessary.

3. Perform electronic traffic payment services on highways in accordance with the guidance of the Electronic Traffic Payment Service Provider.

4. Cooperate with the Service Provider of Road Usage Payment to implement the conversion of existing toll accounts according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

5. Read, understand the rights, obligations of the vehicle owner, and agree to comply with the regulations on personal data protection when providing, allowing sharing of personal data of the vehicle owner, service providers of electronic traffic payment, management units, and operation units for identification, authentication, processing, and storage of data during the provision of electronic traffic payment services on highways.

6. Decide on the use of traffic account information to perform electronic traffic payment services on highways.

7. Pay various fees, prices, and related services to the vehicle's transportation activities according to regulations.

8. Adhere to traffic guidelines when passing through toll points.

Article 32. Rights and Obligations of the Electronic Traffic Payment Service Provider towards the Vehicle Owner

1. Guide the use and warranty of the terminal tag installed for the vehicle owner if the Electronic Traffic Payment Service Provider is also the Service Provider of Road Usage Payment.

2. Guide the vehicle owner on how to use the service.

3. Organize the reception and processing of review and complaint information from the vehicle owner.

a) Apply at least two methods to receive review and complaint information including through a call center (with recording, operating 24/24 hours a day and 7/7 days a week) and at the headquarters/branch of the Electronic Traffic Payment Service Provider; ensure verification of basic information provided by the vehicle owner to the Electronic Traffic Payment Service Provider.

b) The time limit for handling review and complaint requests shall not exceed 45 working days from the date of the first receipt of the review and complaint request from the vehicle owner.

4. Process the results of reviews and complaints.

a) Within a maximum of five working days from the date of notification of the review and complaint results to the vehicle owner, the Electronic Traffic Payment Service Provider shall compensate the customer for losses according to agreements and current laws for losses arising not due to the fault of the vehicle owner and/or not falling under the force majeure cases stipulated in the terms and conditions of service usage.

b) In case the review and complaint handling period specified in point b, Clause 3 of this Article expires without determining the cause or fault of either party, within the following 15 working days, the Electronic Traffic Payment Service Provider shall negotiate with the vehicle owner on the resolution plan or temporarily compensate the vehicle owner for losses until the final conclusion of the competent authority clarifies the fault and responsibility of the parties.

5. In case the matter shows signs of criminal offenses, the Electronic Traffic Payment Service Provider shall notify the competent state agency according to the Criminal Procedure Law and report to the Vietnam Highway Administration; simultaneously, notify the vehicle owner in writing about the status of the review and complaint handling process. The resolution of the review and complaint results falls under the responsibility of the competent state agency. If the competent state agency notifies the resolution result without criminal elements, within 15 working days from the date of the state agency's conclusion, the Electronic Traffic Payment Service Provider shall negotiate with the vehicle owner on the resolution plan for the review and complaint results.

6. In case the Electronic Traffic Payment Service Provider, the vehicle owner, and related parties cannot reach an agreement or disagree with the review and complaint handling process, the dispute resolution shall be carried out according to the provisions of the law.

7. Guide the vehicle owner on the collection, processing, use, and storage of personal data and require the vehicle owner to confirm consent before sharing part or all of the personal data with related parties for the provision of electronic traffic payment services on highways.

8. Store data on the "Right to Know," "Right to Consent," "Right to Access," "Right to Withdraw Consent," "Right to Erasure," or "Right to Restrict Processing," "Right to Data Portability" of the vehicle owner when using the service.

9. Implement measures to protect personal data according to personal data protection standards and according to the law on personal data protection; protect the rights and legitimate interests of the vehicle owner and of the Electronic Traffic Payment Service Providers during the processing of personal data.

Article 33. Other rights and obligations of the Electronic Payment Service Provider for Traffic

1. With respect to the revenue management unit:

a) Enter into a service provision contract with the revenue management unit; Perform the rights and obligations stipulated in the signed contract;

b) Refund revenue in accordance with regulations.

2. Develop and issue business procedures in accordance with Articles 16, 17, 21, and 22 of this Decree.

3. Synchronize traffic account information and electronic payment transaction information for road traffic to the Road Traffic Electronic Payment Database System in accordance with the provisions of this Decree.

4. Notify the Traffic Police Department when detecting cases of vehicles with fake license plates or license plates not issued by authorized agencies to promptly prevent and handle them.

5. Implement reporting systems as prescribed.

6. Declare and pay various taxes, fees, and charges in accordance with laws on taxation, fees, and charges.

7. Open an account in a commercial banking system to receive funds from the implementation of road traffic electronic payments by vehicle owners.

8. Provide images, travel information, and movement schedules of vehicles upon request from authorized agencies.

9. Other responsibilities according to contracts with related units as stipulated in this Decree.

Article 34. Rights and Obligations of the Revenue Operation Unit

1. Carry out tasks assigned by the revenue management unit or perform services under the revenue collection contract signed with the revenue management unit. Coordinate with local functional agencies at the collection point to maintain security and order during road traffic electronic payments, ensure traffic safety, avoid traffic congestion, prevent negative phenomena, obstruction, and inconvenience in electronic payment activities; promptly address violations during the payment process.

2. In case of malfunction or damage to equipment installed at the collection point, the revenue operation unit must promptly report to the competent authority or the revenue management unit; simultaneously, quickly repair the system failure. The repair time shall not exceed 48 hours from the time of malfunction or damage. During the repair period, the revenue operation unit must publicly announce at the collection point and through mass media; take measures to ensure quick, safe collection, avoid traffic congestion, and implement monitoring measures to prevent revenue loss.

3. Implement business procedures established by the Electronic Payment Service Provider for Traffic.

4. Synchronize electronic payment transaction information for road traffic to the Road Traffic Electronic Payment Database System in accordance with the provisions of this Decree.

5. Implement data protection measures for personal data in accordance with personal data protection standards and laws on personal data protection; protect the legitimate rights and interests of vehicle owners and the revenue operation unit during the processing of personal data.

6. Other responsibilities according to contracts with related units as stipulated in this Decree.

Article 35. Rights and Obligations of the Unit Managing Collection

1. To take the lead in building and approving electronic payment procedures for road traffic that are suitable with the form and method of electronic payment at collection points; to establish internal regulations on inspection, handling violations, and dealing with incidents during the implementation of electronic payment for road traffic.

2. To implement or sign contracts with units operating collections to design, invest, construct, renovate, manage, and operate equipment installation systems at collection points as prescribed.

3. To sign service provision contracts with providers of electronic payment services for road traffic; to perform rights and obligations according to signed contracts.

4. To implement business processes issued by providers of electronic payment services for road traffic.

5. Implement reporting systems as prescribed.

6. Declare and pay various taxes, fees, and charges in accordance with laws on taxation, fees, and charges.

7. To implement measures to protect personal data in accordance with personal data protection standards and as stipulated by laws on personal data protection; to protect the legitimate rights and interests of vehicle owners and management units during the processing of personal data.

8. Other responsibilities as stipulated in contracts with related units and as provided for in this Decree.

Chapter IV

IMPLEMENTATION

Article 36. Transitional Provisions

1. The collection of fees for using roads through non-stop electronic methods has been implemented according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

2. Providers of road traffic fee collection services are defined according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

3. Providers of road usage fee payment services continue to collect road usage fees according to regulations on non-stop electronic payment for road traffic services as stipulated in Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

4. Providers of road traffic payment services and providers of road usage fee payment services connect their management systems and data centers to link and share traffic account information until July 1, 2026. Connection costs shall be agreed upon between the parties.

5. Relevant agencies and units adjust project contracts and related contents implemented according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

6. Providers of road usage fee payment services complete the transfer of vehicle owner's fee collection accounts according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

7. Providers of road usage fee payment services complete the transfer of funds from vehicle owner's fee collection accounts according to Decision No. 19/2020/QĐ-TTg dated June 17, 2020.

Article 37. Effective Date

1. This Decree takes effect from October 1, 2024.

2. The system for managing electronic payment traffic data operates from July 1, 2026. Contents related to the system for managing electronic payment traffic data stipulated in this Decree take effect from July 1, 2026.

Article 38. Responsibility for Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree.