Decision No. 19/2020/QĐ-TTg On the Collection of Road Usage Service Fees via Electronic Toll Collection Without Stopping

Pursuant to …;

Regarding the collection of fees for road usage services through electronic toll collection without stopping.

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Road Traffic dated November 13, 2008;

On the basis of Law on Prices dated June 20, 2012;

At the proposal of the Minister of Transport;

The Prime Minister issues this Decision on the collection of fees for road usage services through electronic toll collection without stopping.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the collection of fees for road usage services through electronic toll collection without stopping for motor vehicles subject to such fees under the entire national territory.

Article 2. Applicability

This Decision applies to organizations and individuals related to the activity of collecting fees for road usage services.

Article 3. Explanation of Terms

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

1. Motor vehicles are motorized vehicles and special-purpose motorcycles that fall within the scope of being subject to fees for road usage services.

2. The vehicle owner is the owner of the motor vehicle or another person granted by the owner of the motor vehicle the right to possess and use the motor vehicle that falls within the scope of being subject to fees for road usage services.

3. An end terminal device is an electronic device installed on a motor vehicle to communicate with the electronic toll collection system without stopping according to the standard for passive radio frequency identification for wireless communication and storing information related to technical safety inspection and environmental protection of motor vehicles.

4. Electronic toll collection without stopping (hereinafter referred to as electronic toll collection without stopping) is an automatic method of collecting fees for road usage services where motor vehicles do not need to stop at toll stations to pay the fees for road usage services. The process of calculating the fees for road usage services is automatically performed by the electronic toll collection system without stopping (hereinafter referred to as the electronic toll collection system).

5. Identification number is a code assigned by the service provider of road usage fee collection to a motor vehicle when installing the end terminal device.

6. The competent state agency referred to in this Decision means the Ministry of Transport for highway infrastructure investment projects with road usage fees under the management of the Ministry of Transport and projects of Vietnam Highway Corporation; it means the People's Committees of provinces and centrally-administered cities for highway infrastructure investment projects with road usage fees under local management.

7. Service provider of road usage fee collection (hereinafter referred to as the service provider) is an entity selected by the competent state agency to invest in, construct, renovate, manage, operate, and maintain the electronic toll collection system without stopping to provide road usage fee collection services.

8. Road usage fee collection account (hereinafter referred to as the fee collection account) is an account opened by the vehicle owner at the service provider to pay the fees for road usage services through electronic toll collection without stopping.

9. Investors are organizations and individuals implementing investment activities in construction and renovation of highway infrastructure with road usage fees.

Article 4. Principles for collecting non-stop electronic tolls

1. Enhance efficiency, transparency, and modernize the work of collecting fees for road usage services.

2. Ensure the right to collect fees of investors according to contracts signed with competent state agencies.

3. Ensure connectivity and interoperability between non-stop electronic toll collection systems, between single-stop toll collection systems and non-stop electronic toll collection systems at each toll station and throughout the entire system; each vehicle shall be issued only one terminal card for use at all toll stations nationwide; management, operation, and toll collection at the station (including mixed toll lanes) after implementing non-stop electronic toll collection shall be carried out by one entity.

4. Ensure safety and confidentiality of personal information of users, except when providing information upon request of competent state agencies as prescribed by law.

5. Ensure the integration and timely provision of complete information to serve national management objectives as prescribed by law.

6. Increase traffic flow through toll stations, reduce environmental pollution, save social costs, limit the use of cash, and facilitate users.

Chapter II
NON-STOP ELECTRONIC TOLL COLLECTION

Article 5. Implementation of non-stop electronic toll collection

1. Progress in implementing non-stop electronic toll collection

a) For toll stations for road usage services that have installed non-stop electronic toll collection systems, they must immediately operate non-stop electronic toll collection.

b) For toll stations for road usage services currently operating without non-stop electronic toll collection systems, they must switch to non-stop electronic toll collection by December 31, 2020, as stipulated in this Decision.

c) For toll stations managed by Vietnam Highway Investment and Development Corporation, the completion schedule will be reviewed and decided by the Ministry of Transport and the State Capital Management Committee at Enterprises, in accordance with the project's funding conditions.

2. For toll stations for road usage services under new construction projects, toll collection for road usage services can only be implemented when non-stop electronic toll collection is carried out as stipulated in this Decision.

3. Based on specific conditions for each toll station, competent state agencies shall review and decide:

a) Maintaining one mixed toll lane (a lane applying both non-stop electronic toll collection and single-stop toll collection) on each direction of travel at each toll station.

b) The time to switch the mixed lane mentioned in point a of this clause to non-stop electronic toll collection and implement full toll collection via non-stop electronic toll collection.

c) Temporarily suspending and the duration of suspension of toll collection for road usage services at toll stations that have not implemented non-stop electronic toll collection as stipulated in point a, b of Clause 1 of this Article and Clause 3 of Article 7 of this Decision due to investor fault.

d) Implementing non-stop electronic toll collection at toll stations with remaining payback periods less than three years, ensuring effectiveness, transparency, and fairness.

Article 6. Non-stop Electronic Toll Collection System

1. The non-stop electronic toll collection system includes the following components:

a) Central management system.

b) Monitoring, maintenance, and customer service center.

c) Terminal card service center.

d) Data center.

đ) Data transmission network.

e) Equipment installed at toll stations for road usage services.

g) Terminal cards attached to motor vehicles.

h) Other systems, equipment, and components necessary for the operation of the non-stop electronic toll collection system; ensuring connectivity and interoperability between non-stop electronic toll collection systems, between single-stop systems and non-stop electronic toll collection systems at each toll station and throughout the entire system.

2. The non-stop electronic toll collection system must be designed, installed, and constructed uniformly nationwide, ensuring continuous, rapid, accurate, efficient, and safe operation.

Article 7. Design, investment, construction, renovation, management, operation, and maintenance of electronic non-stop toll collection stations

1. The electronic non-stop toll collection system must be designed, invested in, constructed, renovated, managed, operated, and maintained according to national standards, technical regulations, and relevant laws and regulations.

2. The establishment, review, approval of investment projects for electronic non-stop toll collection or projects with electronic non-stop toll collection components; the establishment, review, and approval of design documentation and budget estimates at the preliminary design stage shall be carried out in accordance with current legal provisions.

3. The design, investment, construction, renovation, management, operation, and maintenance of the electronic non-stop toll collection system for road usage services shall be conducted by the toll service provider. In cases where the investor designs, invests in, constructs, renovates, manages, operates, and maintains the electronic non-stop toll collection system at the station to connect with the data center provided by the toll service provider, such actions must be approved by the competent state authority to ensure synchronous connection with the electronic non-stop toll collection system for road usage services being implemented by the toll service provider.

Article 8. Management and Maintenance of Road Usage Service Toll Collection Stations

1. The toll service provider is responsible for operating and maintaining the facilities and equipment serving toll collection under their management. Management, operation, and maintenance costs are included in the financial plan of the electronic non-stop toll collection project.

2. The investor is responsible for operating and maintaining the facilities and equipment except for those specified in Clause 1 of this Article at the road usage service toll collection station. Management, operation, and maintenance costs are included in the financial plan of the investment project for road traffic infrastructure with toll collection.

3. In case of disputes arising, the competent state authority shall take the lead in assigning responsibilities for the handover, acceptance, and management, operation, and maintenance of the facilities and equipment at the road usage service toll collection station.

Article 9. End-User Cards Installed on Motor Vehicles

1. Motor vehicles subject to road usage fees and those exempt from such fees (ambulances, fire trucks, specialized vehicles for security purposes, vehicles using "National Road Fee" tickets) must be equipped with end-user cards.

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

3. Vehicle owners are not required to pay for the installation of the first end-user card before December 31, 2021. From January 1, 2021 onwards, vehicle owners must pay for the installation of the end-user card to the toll service provider.

Article 10. Opening of Toll Payment Accounts

1. The toll service provider shall open a toll payment account for the vehicle owner on the electronic non-stop toll collection system upon the first installation of the end-user card.

2. Each toll payment account can be used to pay for multiple motor vehicles; each motor vehicle can only receive payments from one toll payment account.

3. The toll payment account is stored in the database of the electronic non-stop toll collection system, including the following information:

a) Contact information of the vehicle owner: ID 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 motor vehicle receiving payments from the toll payment account.

c) Vehicle weight, passenger capacity, vehicle type, license plate number.

d) Account balance and transaction history.

4. Within a maximum period of 10 days from the date of receipt of information changes as stipulated in point a and point c of Clause 3 of this Article, the vehicle owner must notify the toll service provider to update the electronic non-stop toll collection system.

5. Within a maximum period of 5 days from the date of receipt of information changes as stipulated in point c of Clause 3 of this Article, the motor vehicle inspection unit must update the inspection system and the toll service provider must update the electronic non-stop toll collection system.

Article 11. Use of the toll collection account

1. The vehicle owner shall deposit money into the toll collection account (through direct payment methods, bank account linking, and other forms) to use the electronic non-stop toll collection service as prescribed.

2. In cases where a road traffic vehicle equipped with an end terminal has insufficient funds in the toll collection account to cover the toll when passing through an electronic non-stop toll lane, the vehicle must use a mixed toll lane.

3. The toll collection service provider shall open an account on the commercial banking system to receive fees for the use of roads from vehicle owners when passing through electronic non-stop toll stations.

4. The toll collection service provider shall be responsible for managing the entire amount of money deposited by vehicle owners into the toll collection account of the toll collection service provider in accordance with the provisions of the law.

Article 12. Handling cases of exemption, monthly, quarterly, annual collection, and other arising situations

1. Vehicles exempted from using road services according to the law, which are equipped with end terminals, will be automatically recognized and allowed to pass through the road service toll station when passing through an electronic non-stop toll lane. Other vehicles exempted from using road services shall use a mixed toll lane to pass through the road service toll station.

2. Monthly, Quarterly, Annual Collection

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

b) Road traffic vehicles that have registered for monthly, quarterly, or annual payment of the road service toll fee passing through the registered toll station, the toll collection service provider shall not deduct the amount from the vehicle owner's toll account. In addition to paying monthly, quarterly, or annually for the specific toll station registered, the vehicle owner must maintain sufficient balance in the toll account to pass through other electronic non-stop toll stations if there is a need to use them.

Article 13. Costs of Electronic Non-Stop Toll Collection Service

1. The costs of the electronic non-stop toll collection service at road construction projects with tolls are revenue sources for the toll collection service provider to recover investment, construction, renovation, management, operation, and maintenance of the electronic non-stop toll collection project. These costs are directly deducted from the revenue from the road service toll fee of road construction projects with tolls. In cases where the revenue for recovering the investment of the electronic non-stop toll collection project does not ensure feasibility compared to the approved financial plan, the competent state authority shall consider and decide on continuing to collect tolls at the toll station to recover the investment for the electronic non-stop toll collection project.

2. The competent state authority shall determine the costs of the electronic non-stop toll collection service when approving the Feasibility Study Report of the electronic non-stop toll collection project in line with the investment, construction, renovation, management, operation, and maintenance plans at each toll station. These costs are officially determined according to the Contract between the competent state authority and the toll collection service provider and are updated in the financial plan of the road construction project with tolls.

Article 14. Revenue from service fees for using expressways

1. The entire amount collected at each electronic toll collection station will be returned by the service provider to the investor to ensure capital recovery according to the project contract after deducting the costs of electronic toll collection services. The time and form of transferring funds shall be agreed upon by the investor and the service provider but must ensure that the transfer to the investor does not exceed 24 hours from the previous transfer, except for special cases already agreed upon in the service fee collection contract.

2. Investors and service providers have the obligation to declare, pay taxes, and record accounting transactions in accordance with the provisions of the law.

3. The service provider has the responsibility to fully compensate the investor for revenue losses due to errors of the service provider.

Article 15. Costs of organization, management, and supervision of toll collection

1. The costs of organization, management, and supervision of toll collection include all expenses for the investor to carry out organizational, management, and supervisory activities related to toll collection (including both electronic non-stop toll collection and single-stop toll collection).

2. The costs of organization, management, and supervision of toll collection shall be agreed upon by the competent state agency with the investor based on the principle of accurate and sufficient calculation in compliance with the provisions of the law.

Article 16. Electronic Toll Collection Receipts

1. Electronic toll collection receipts shall be issued in the form of electronic receipts. Electronic toll collection receipts must bear the digital signature of the issuing entity in accordance with the provisions of the law.

2. Paper receipts shall not be used for electronic non-stop toll collection. In necessary cases, electronic receipts may be printed for inspection and verification by state agencies.

Chapter III
IMPLEMENTATION

Article 17. Responsibilities of the Ministry of Transport

1. Organize, inspect, and supervise the operation of electronic non-stop toll collection to ensure accuracy, objectivity, and transparency.

2. Control the operation of the electronic non-stop toll collection system in accordance with the provisions of the law.

3. Provide guidance on traffic organization (lane arrangement, remote directional signs, speed limit signs, vehicle spacing when entering the electronic non-stop toll collection lane, road marking,...) to unify the toll stations.

4. Review the Feasibility Study Report and the electronic non-stop toll collection project contract (including both the content and form of the contract) to decide on adjustments to ensure compliance with this Decision.

5. Urge and direct investors and service providers to sign the Service Contract to ensure the progress of the project implementation.

6. Direct the Vietnam Motor Vehicle Registration Agency to share vehicle data with the service provider to ensure synchronization of transportation vehicle data.

7. Coordinate with the Ministry of Public Security and other functional forces to ensure public security and social safety during the implementation of toll collection for highway projects with tolls.

Article 18. Responsibilities of the Ministry of Public Security and the Ministry of National Defense

1. Direct the competent agencies under the Ministry of Public Security and the Ministry of National Defense to coordinate with the Ministry of Transport and the service provider to implement the installation of end-user cards for motor vehicles participating in traffic in the defense and security sectors.

2. The Ministry of Public Security coordinates with the Ministry of Transport and provincial/municipal People's Committees to organize lane arrangements, guide vehicle traffic through toll stations; impose penalties according to the law for violations.

Article 19. Responsibilities of the Ministry of Finance

1. Take the lead and coordinate with the Ministry of Transport to guide the service provider to use electronic invoices in accordance with the law on invoices in the electronic non-stop toll collection service for road use.

2. Guide investors and service providers to fulfill tax obligations for the toll collection service for road use.

Article 20. Responsibilities of the Ministry of Information and Communications

1. Guide the use of radio frequencies for the electronic non-stop toll collection system; protect the frequency of the electronic non-stop toll collection equipment and respond to situations that arise causing information security risks.

2. Guide and support the service provider in ensuring information security for the electronic non-stop toll collection system in accordance with the law.

3. Inspect and supervise the service provider's compliance with laws in the field of information technology related to electronic non-stop toll collection activities.

4. Direct news agencies and media outlets to intensify publicity and dissemination of benefits as well as legal regulations and directives of the Prime Minister regarding toll collection through the electronic non-stop method.

Article 21. Responsibilities of the State Bank of Vietnam

1. Coordinate and guide service providers to implement legal provisions related to electronic non-stop toll collection activities within the banking sector.

2. Coordinate and guide issues related to account linking and handling interest arising on accounts associated with electronic non-stop toll collection activities in accordance with the law.

Article 22. Responsibilities of Road Transport Vehicle Owners

1. Install the terminal tag on road transport vehicles during the nearest inspection or before the inspection deadline, or upon first passing through a toll station for road usage fees, or immediately when the terminal tag is lost or damaged. Pay the cost of installing the terminal tag to the toll service provider in accordance with Clause 3, Article 9 of this Decision.

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

3. Provide information to open a toll payment account, declare and modify account information when there are changes; provide necessary information for the toll service provider to refund road usage fees into the toll payment account when required.

4. Pay road usage fees in accordance with regulations.

5. Comply with traffic guidance when passing through toll stations for road usage fees.

6. Report and declare when using a national road usage fee ticket to the toll service provider for system updates in the entire electronic non-stop toll collection system.

Article 23. Responsibilities of the State Capital Management Committee at Enterprises

Determine the source of funds for implementing the electronic non-stop toll collection system at high-speed projects managed by the Vietnam Highways Investment and Development Corporation.

Article 24. Responsibilities of Competent State Authorities

1. Implement the electronic non-stop toll collection uniformly, ensuring connectivity and timely progress.

2. For competent state authorities being the Ministry of Transport: Organize the selection of toll service providers to ensure uniformity and effectiveness in implementing electronic non-stop toll collection.

3. For competent state authorities being provincial People's Committees: If independently organizing the implementation of the electronic non-stop toll collection system is not feasible, select a toll service provider chosen by the Ministry of Transport to implement electronic non-stop toll collection for toll stations under their management, ensuring effectiveness, timely progress, and system-wide connectivity.

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

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

6. Decide whether investors will design, invest, construct, renovate, manage, operate, and maintain the electronic non-stop toll collection equipment at toll stations to ensure safe, effective, uniform, and synchronized operation according to regulations.

7. Decide and agree on costs stipulated in Articles 13 and 15 of this Decision.

8. Provincial People's Committees shall cooperate with the Ministry of Public Security and the Ministry of Transport to ensure public security and social safety when implementing toll collection for debt recovery on toll roads within their jurisdiction.

Article 25. Responsibilities of investors constructing road traffic infrastructure with toll collection

1. Shall be responsible for coordinating with toll service providers in the investment, construction, renovation, management, operation, and maintenance of the electronic non-stop toll collection system at toll stations in accordance with regulations.

2. Coordinate with competent state agencies to amend project contracts to ensure compliance with the transition schedule to the electronic non-stop toll collection method.

3. Enter into a toll service contract with toll service providers to implement the project.

4. Authorize toll service providers to issue electronic non-stop toll collection payment vouchers to vehicle owners participating in road traffic.

5. Supervise toll collection activities (including both electronic non-stop and single-stop methods) for projects managed and operated by the investor.

6. Implement investment, construction, renovation, management, operation, and maintenance of the electronic non-stop toll collection equipment system at toll stations in accordance with Article 7 of this Decision.

Article 26. Responsibilities of toll service providers

1. Invest in, construct, renovate, manage, operate, and maintain the electronic non-stop toll collection system in accordance with Article 7 of this Decision; collect sufficient and correct tolls from users of road services according to the law; ensure continuous operation of the electronic non-stop toll collection system, protect absolute security of information for the system; refrain from interfering with toll collection information and data; secure personal information of vehicle owners in accordance with the law.

2. Guide the use and warranty of end-user cards; open and manage toll accounts and receiving accounts in accordance with the law; store account information of vehicle owners; provide account balance and transaction history information upon request of the account holder.

3. Coordinate with investors to sign toll service contracts for road usage, promptly take over electronic non-stop toll collection operations according to the schedule; issue electronic non-stop toll collection payment vouchers for vehicle owners participating in road traffic under the authorization of the investor.

4. Report toll collection results for road usage to investors and competent state agencies, responsible for enabling state agencies and investors to inspect and supervise electronic non-stop toll collection operations.

5. Report violations of the law by vehicle owners to competent authorities for handling in accordance with the law.

6. Report to competent state agencies on the implementation of electronic non-stop toll collection regularly monthly, quarterly, annually, and when incidents occur.

7. Expand the system and channels for issuing end-user cards to facilitate the installation of such cards on road traffic vehicles.

8. Implement data sharing from the electronic non-stop toll collection system with the Ministry of Transport and related state agencies to serve administrative management requirements.

9. Shall not transfer part or all of the electronic non-stop toll collection system to foreign investors.

10. Ensure accurate interconnection and data reconciliation with other electronic non-stop toll collection systems of different toll service providers.

11. During the operation of the electronic non-stop toll collection system, toll service providers may propose the expansion of new services based on ensuring social benefits and project efficiency, and must obtain approval from competent state agencies.

12. Install and complete toll stations within six months from the date of signing the service contract and taking possession of the station site.

Article 27. Transitional Provisions

1. Works carried out before the effective date of this Decision shall be implemented in accordance with Decision No. 07/2017/QĐ-TTg dated March 27, 2017 of the Prime Minister.

2. Relevant agencies and units shall adjust the Feasibility Study Report, project contracts, and related contents to comply with this Decision.

3. Other cases shall be decided by the Prime Minister based on the proposal of the Ministry of Transport.

Article 28. Effective Date

This Decision takes effect from August 1, 2020, and replaces Decision No. 07/2017/QĐ-TTg dated March 27, 2017 of the Prime Minister regarding the collection of road usage service fees through electronic automatic non-stop systems.

Article 29. Responsibility for Implementation

The 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 Decision./.