Circular No. 15/2020/TT-BGTVT on the operation of toll stations for road usage services

CIRCULAR

Provisions on operations

of toll stations for road usage services

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. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 63/2018/NĐ-CP dated May 4, 2018 of the Government on public-private partnership investment;

At the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Highway Administration;

The Minister of Transport issues this Circular stipulating the operations of toll stations for road usage services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the operations of toll stations for road usage services on the national road system in Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals related to the operations of toll stations for road usage services on the national road system in Vietnam.

Article 3. Explanation of Terms

1. A toll station for road usage services (hereinafter referred to as toll station) is a place where fees for road usage services are collected from vehicles participating in road traffic.

2. An entity collecting fees for road usage services (hereinafter referred to as collection entity) is an organization authorized by competent state agencies to collect or permitted to collect fees for road usage services.

3. Assets of a toll station include: control room, ticket booth, gate, inspection equipment and management system, lighting system, vehicle weight monitoring equipment (if applicable), traffic surveillance and safety equipment (if applicable), and auxiliary facilities and other equipment serving the collection of fees for road usage services.

4. Automatic electronic toll collection without stopping is an automatic collection method that allows vehicles to pass through toll stations without having to stop to pay fees for road usage services.

5. Single-stop collection is a method where vehicles only need to stop once at the lane inspection gate to pay fees for road usage services when passing through the toll station.

Article 4. Criteria for establishing toll stations

1. Must be within the scope of the project.

2. Must be approved by the competent authority in the feasibility study report of the investment project.

3. Must ensure the investment efficiency of the project.

4. Must apply advanced and modern technology for collecting fees for road usage services.

5. Must publicly disclose the location of the toll station.

6. For projects on local roads connecting to the scope of public-private partnership investment projects on national highways, there must be a consensus with the Ministry of Transport.

Chapter II

OPERATIONS OF TOLL STATIONS

Article 5. Responsibilities of the Collection Entity

1. Establish and approve procedures for collecting fees for road usage services consistent with the current technology applied at the toll station and internal regulations regarding inspection, handling of violations, and handling of incidents during the process of collecting fees for road usage services.

2. Coordinate with local authorities where the toll station is located to maintain security and order during the collection of fees for road usage services, ensuring traffic safety, avoiding traffic congestion, preventing negative phenomena, hindrances, and causing inconvenience in the operation of collecting fees for road usage services; promptly handle any violations during the process of collecting fees for road usage services.

3. Publicly announce continuously five days before and post notices at the toll station when organizing the start of collection about the starting date of collecting fees for road usage services, the location of the toll station, collection technology, collection methods, collection targets, fee levels, and exemptions and reductions for fees for road usage services. In case of changes in fee levels, collection technology, collection methods, collection targets, the collection entity must publicly announce and post similar notices as when starting the collection thirty days prior. Forms of public announcement include publishing on local and central mass media; simultaneously sending notifications to the Vietnam Automobile Transportation Association.

Throughout the collection period, the collection entity must publicly display information on electronic signboards (VMS boards) installed in the control room area of the toll station, including: project name, value of the project (in cases where the project has not been settled, it will be announced according to the total investment amount), total time allowed for collecting fees for road usage services, start date of collection, remaining collection time, toll station revenue of the previous month (revenue data updated no later than the tenth day of the following month), telephone number for receiving feedback information.

4. Manage labor, resolve benefits for workers employed at the toll station in accordance with the law.

5. Strictly manage seals, revenues; report statistics, accounting, bookkeeping, settlement of revenues, declaration and payment of taxes in accordance with the law.

6. Regularly back up data on collecting fees for road usage services to serve supervision and post-audit work. Data from the management system includes: database files on traffic volume, toll revenue, image files of vehicles passing through the toll station, continuous lane surveillance video files, which must be backed up as data files and retained for a minimum of five years. Video files for cabin surveillance and full scene surveillance must be backed up as data files and retained for a minimum of one year.

7. Manage assets entrusted to manage, assets received from the state, and toll station assets formed during the investment process in accordance with current regulations and contracts signed with competent state agencies.

8. Equip necessary assets and infrastructure to support collection work; upgrade and modernize toll stations, implement electronic toll collection without stopping in accordance with decisions of competent state agencies.

9. Comply with the installation of equipment, management software, data collection monitoring, online connection, stability, and continuity with the management and monitoring system of competent state agencies.

When competent state agencies have policies to upgrade the collection technology system, implement electronic toll collection without stopping, the collection entity must comply and execute.

10. In case the technological equipment system for collecting tolls malfunctions or breaks down, the collection unit must submit a report in writing to the competent state agency or report to the unit assigned by the competent state agency to manage the collection of road usage service fees; at the same time, promptly repair the faults of the system. The repair time shall not exceed 48 hours from the moment the system malfunctions or breaks down. During the repair period, the collection unit must take measures to ensure quick and safe collection, avoid traffic congestion, and implement monitoring measures to prevent revenue loss from road usage services.

11. Ensure environmental hygiene in the toll station area; comply with the traffic organization plan on the road where the toll station is located, approved by the competent authority.

12. Pay the fee for using state assets or rent for the right to exploit road infrastructure assets (if applicable) in accordance with the provisions of the law.

13. Hand over the toll station assets to the competent state agency or the unit designated by the competent state agency when the contract ends. The handed-over assets must be in normal operating condition as stipulated in the contract.

14. Comply with the decision to temporarily suspend, stop collection, or deduct collection time issued by the competent state agency or the unit assigned by the competent state agency to manage the collection of road usage service fees.

15. Do not allow the following actions to occur:

a) Fraud involving road usage service fees or collusion in fraud during the collection of road usage service fees;

b) Interfering with the toll collection technology system, surveillance system, management system, vehicle weight inspection equipment system, and engaging in negative practices in the field of vehicle weight supervision; reporting false revenue to defraud road usage service revenue;

c) Organizing ticket sales and inspections untimely, harassing ticket buyers; failing to sell all types of monthly and quarterly tickets as required; causing traffic congestion around the toll station; collecting road usage service fees in violation of regulations;

d) Accepting cash from road transport vehicle users without issuing tickets or issuing incorrect type tickets for vehicles passing through the toll station; allowing road transport vehicles (which are required to purchase tickets) to pass through the toll station without tickets;

đ) Failing to perform maintenance on toll station assets; arbitrarily dismantling, liquidating, or selling toll station assets; failing to calibrate and inspect equipment groups that require calibration and inspection according to regulations.

16. Provide complete information, data, figures, and documents upon request by competent authorities regarding issues related to supervision, inspection, investigation, and handling matters concerning security and traffic safety during operation.

17. If the collection unit enters into a contract with a service provider for collecting road usage service fees, the service provider for collecting road usage service fees is responsible for fully implementing the provisions of this Circular and other relevant regulatory legal documents.

Article 6. Uniforms and insignias of workers at toll stations

Workers at toll stations must wear uniforms while performing their duties. The design of the uniform for workers at toll stations is decided by the collection unit but must include the insignia, emblem of the collection unit, nameplate, and position badge placed in easily recognizable positions.

Article 7. Operating time of toll stations 2. When a toll station must cease operations due to force majeure, the collection unit shall take measures to ensure that traffic congestion does not occur at the toll station area; at the same time, it must immediately report to the competent state agency to take remedial measures and resume the operation of the toll station as soon as possible.

1. Toll stations operate 24/7 throughout the year, including holidays and public holidays (except in cases of cessation or temporary cessation of collection as provided for in a competent authority's document).

Article 8. Provisions on reporting work

1. The collection unit has the responsibility to submit regular reports or ad hoc reports as required by the competent state agency or the unit entrusted by the competent state agency to manage the collection work. The deadlines and submission times for regular reports are specified as follows:

a) Revenue report of road usage services and traffic volume through toll stations: monthly report before the 10th day of the following month; mid-year report before July 10th each year; annual report before February 28th of the following year. The report forms are specified in Forms No. 1 to No. 7 in Appendix 1 issued together with this Circular;

b) Report on management and use of assets: mid-year report before July 10th each year; annual report before January 10th of the next year. The report form is specified in Form No. 8 in Appendix 1 issued together with this Circular.

2. The collection unit is responsible for the accuracy of the reported data. Specifically, the annual revenue report of road usage services must be audited independently or confirmed by the tax authority.

Article 9. Suspension of collection, cessation of collection, and deduction of collection time

1. Cases of temporary suspension of collection:

a) If the project enterprise or investor violates the quality of maintenance of highway projects, which has been reminded twice in writing by the competent state agency along with a deadline for rectification. Specific details about violations of maintenance quality are stipulated in Appendix 2 issued together with this Circular. The suspension period starts from the date recorded in the suspension notice until the project enterprise or investor completes the rectification, but not less than one day;

b) If the project enterprise or investor, or the collection unit causes situations posing traffic safety risks or prolonged traffic congestion on the route, which have been requested twice in writing by the competent state agency to rectify within a deadline but fail to do so or delay doing so. The suspension period starts from the date recorded in the cessation notice until the project enterprise or investor completes the rectification, but not less than one day;

c) If the collection unit commits acts violating points a and b of Clause 15, Article 5 of this Circular. The suspension period starts from the date recorded in the suspension notice until the project enterprise or investor completes the rectification of the consequences of the violation and receives a written permit from the competent state agency to resume fee collection;

d) If the collection unit commits acts violating Articles 8 and 9 of Article 5 of this Circular, which have been requested at least twice in writing by the competent state agency along with a deadline for rectification. The suspension period starts from the date recorded in the suspension notice until the project enterprise or investor completes the contents stipulated in Articles 8 and 9 of Article 5 of this Circular;

đ) When the technology and equipment directly serving the collection of road usage service fees malfunction or break down and are not promptly repaired as stipulated in Clause 10, Article 5 of this Circular, the suspension period starts from the date recorded in the suspension notice until the project enterprise or investor repairs the malfunction and receives a written permit from the competent state agency to resume fee collection;

e) When there is a request from the competent state agency in cases of natural disasters, enemy attacks, or national security and defense purposes, or when implementing state policies.

2. Cases of deduction of collection time:

a) If the project investor delays submitting the final account report of the BOT project investment capital construction according to regulations. One day of collection time is deducted if the report is delayed from 10 to 15 days; two days of collection time are deducted if the report is delayed from 16 to 30 days; for delays of 31 days or more, one day of collection time is deducted for every five-day delay in submitting the report;

b) If the collection unit fails to perform data backup as required by Clause 6, Article 5 of this Circular or performs incomplete backups. Two days of collection time are deducted if the backup is delayed from 10 to 15 days; four days of collection time are deducted if the backup is delayed from 16 to 30 days; for delays of 31 days or more, two days of collection time are deducted for every five-day delay in performing the backup;

c) If the collection unit fails to submit reports as required by Article 8 of this Circular or fails to pay the state asset usage fee or infrastructure road asset exploitation rights fee according to current regulations after being reminded twice in writing by the competent state agency, with each reminder separated by at least five days. One day of collection time is deducted if the report is delayed from 10 to 30 days; two days of collection time are deducted if the report is delayed from 31 to 60 days; for delays of 61 days or more, one day of collection time is deducted for every five-day delay in submitting the report.

3. In the case where the project's collection period for recovery of investment costs (including additional collection periods for profit generation for projects with defined profit-generating periods) has expired, the collection unit must proactively stop collecting fees or comply with the decision to stop collecting fees made by the competent state agency (or the unit entrusted by the competent state agency to manage the collection of road usage service fees).

4. Competent authority deciding on temporary suspension of collection or deduction of collection time:

a) The Vietnam Highway Administration decides on the temporary suspension of collection or deduction of collection time for toll stations on the national highway system and expressways under the central government's management.

a) The Vietnam Highway Corporation decides on the suspension of toll collection or reduction of toll collection time for toll stations on the national highway system and expressways under the central management of the road system;

b) For toll stations on local road systems and national highways, expressways where the competent state agency is the People's Committee of provinces and centrally governed cities, the competent local state agency shall decide to temporarily suspend collection or deduct collection time within its authority.

5. The period due to temporary suspension of collection in cases prescribed in points a, b, c, d, đ of Clause 1 of this Article shall not be counted towards extending the collection period for road usage service fees under contracts signed between the competent state agency and investors.

6. Daily revenue during the period of temporary suspension of collection shall be calculated based on the average daily revenue of the month immediately following the suspension. In cases where the collecting entity violates the provisions stipulated in points a, b of Clause 15 of Article 5 of this Circular, in addition to being subject to temporary suspension of collection as provided for in point c of Clause 1 of this Article, daily revenue during the period of temporary suspension of collection shall be determined at three times the highest revenue day of the month immediately following.

Average daily revenue in the month is the average daily revenue of total ticket revenue, monthly ticket revenue, quarterly ticket revenue recorded in that month.

7. During the period of temporary suspension of collection, the collecting entity shall ensure smooth and safe traffic flow, shall not obstruct or cause traffic congestion, and shall widely announce through central and local mass media, as well as publicly at the toll station.

8. Cases of deduction of collection time shall be deducted from the final payback period of the project when settling the project contract.

Article 10. Inspection, Supervision, and Handling of Violations

1. The collecting entity must regularly inspect and supervise the operation of toll stations to ensure compliance with regulations.

2. The competent state agency shall be responsible for inspecting, supervising, and handling violations of toll station operations according to the law and the contract. Publicize inspection results and responses to organizational and individual complaints about toll station operations on the entity’s website.

Article 11. State Management of Toll Station Operations

1. The Vietnam Highway Administration shall be the agency implementing state management functions over toll station operations on national highway and expressway systems under central management.

2. The competent state agency of the locality shall implement state management functions over toll station operations on local road systems and national highways, expressways where the competent state agency is the People's Committee of provinces and centrally governed cities.

3. The Vietnam Highway Administration and the competent state agency at the locality shall be responsible for organizing implementation, inspecting, and supervising the operation of toll stations on the road system according to the law and this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

1. For project contracts currently under negotiation and not yet signed, the competent state agency shall base on the provisions of this Circular to review, adjust, and update relevant clauses in the project contract.

2. For toll stations whose locations have been determined and contracts or supplementary contracts signed under the public-private partnership form before the effective date of this Circular, they shall continue to operate according to the signed contracts or supplementary contracts.

Article 13. Implementation and effectiveness

1. This Circular takes effect from September 15, 2020.

2. This Circular replaces Circular No. 49/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport on the construction, organization, and operation of toll stations for road usage service fees.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments under the Ministry, the Director-General of the Vietnam Highway Administration, and the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.