Decree No. 25/2023/NĐ-CP Amending and supplementing certain Articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation, and maintenance of expressway works

DECREE

Amending and supplementing some articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation, and maintenance of expressway works

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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;

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 the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the Law on Investment under the Public-Private Partnership Model dated June 18, 2020;I declare the public service day on June 18, 2020;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation, and maintenance of expressway works.

Article 1. Amending and supplementing some articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation, and maintenance of expressway works

1. Amending and supplementing some clauses of Article 3 as follows:

a) Amend and supplement Clause 2 of Article 3 as follows:

“2. Expressway works include: Expressways; drainage systems; road traffic signs and signals; traffic management and control centers; rest areas; toll stations; vehicle weight inspection systems; maintenance stations; lighting systems; greenery; fire prevention and firefighting facilities; information systems for management and communication; other auxiliary facilities serving management, operation, and maintenance of expressways.”

b) Amending and supplementing Clause 6 and Clause 7 of Article 3 as follows:

“6. The expressway management agency is an organization advising the Minister of Transport in performing state management functions over expressways; specialized agencies under provincial People's Committees.”

“7. The entity entrusted with organizing the operation, use, and maintenance of expressway works (hereinafter referred to as the operating and maintenance entity) is an entity that has signed a lease contract or been assigned by the expressway management authority to manage, operate, and maintain expressway works.”

c) Amending and supplementing Clause 10 of Article 3 as follows:

“10. Rescue operations involve supporting persons, vehicles, and goods participating in traffic on expressways when accidents or emergencies occur.”

d) Supplementing Clause 12 and Clause 13 of Article 3 as follows:

“12. Expressway management and operation enterprises include: project enterprises established in accordance with the Law on Investment under the Public-Private Partnership Model to participate in signing and implementing public-private partnership contracts for the construction, operation, and maintenance of expressways; enterprises leasing or taking over the right to operate highway infrastructure assets for a certain period in accordance with laws on the management, use, and operation of highway infrastructure assets; enterprises entrusted by the State to invest in constructing, managing, and operating expressways.”

“13. Expressway management authorities are agencies or organizations entrusted by the State to manage and operate public infrastructure assets on expressways; expressway management and operation enterprises.”

2. Amend and supplement Clause 1, Article 5 as follows:

“1. Management, operation, and use of expressway works include:

a) Organizing traffic on expressways;

b) Managing, controlling, and supervising traffic on expressways;

c) Providing information on expressways;

d) Patrol and inspection on expressways;

đ) Putting expressways into operation and temporarily suspending their operation;

e) Collecting fees for using expressways.”

3. Amending and supplementing some points and clauses of Article 6 as follows:

a) Amend and supplement Point b Clause 2 of Article 6 as follows:

“b) Agreeing on traffic organization plans with provincial People's Committees in cases where expressways or other roads constructed by localities connect to expressways under the jurisdiction of the Ministry of Transport;”

b) Amending and supplementing Clause 3, Clause 4, and supplementing Clause 5 and Clause 6 of Article 6 as follows:

“3. Provincial People's Committees shall be responsible for:

a) Approving traffic organization plans and adjusting such plans within their jurisdiction;

b) Agreeing on traffic organization plans with the Ministry of Transport or other provincial People's Committees in cases where expressways or other roads constructed by these agencies connect to expressways under the jurisdiction of the locality;

c) Provincial People's Committees entrusted with building expressways in their locality and another locality must agree with the People's Committee of the province through which the expressway passes before approving traffic organization plans.”

4. The time limit for agreeing on traffic organization plans as stipulated in point b, Clause 2 and point b, Clause 3 of Article 6 shall not exceed ten days from the date of receipt of all necessary documents.

5. The project investor of expressway construction shall organize the preparation of traffic organization plans for expressway routes, submit them to the agencies specified in point a, Clause 2 and point a, Clause 3 of this Article for examination and approval before putting expressways into operation.

In case it is necessary to adjust traffic organization plans during the operation period, the expressway management authority shall prepare adjusted traffic organization plans, submit them to the competent agencies specified in point a, Clause 2 and point a, Clause 3 of this Article for examination and approval.

Costs for preparing traffic organization plans shall be included in the design consultancy costs when investing in expressway construction projects; costs for surveying and preparing adjusted traffic organization plans after expressways have been put into operation shall be included in expressway maintenance costs.

6. In cases where expressways are implemented in phases, the operational speed, lane arrangement, transition sections, turning locations, emergency lane usage, and other contents of the traffic organization plan must be consistent with the scale of each phase of construction.

4. To amend and supplement Article 7 as follows:

Article 7. National Traffic Management and Control Center

1. The National Traffic Management and Control Center, invested and built by the Ministry of Transport, includes office buildings and civil works serving management and control, installation of technological equipment, traffic image display screens, and other necessary technical infrastructure; technological systems for data collection, storage, synthesis, analysis, processing, and displaying traffic situation information to serve national traffic management and control. The National Traffic Management and Control Center is connected and shares information and data with regional traffic management and control centers, traffic surveillance and violation handling centers of traffic police forces.

2. The Ministry of Transport shall instruct subordinate traffic management agencies to perform the following tasks:

a) Organize the management, operation, and use of the National Traffic Management and Control Center; collect, store information and data, and provide information in accordance with Article 9 of this Decree; manage and use information and data in compliance with regulations; maintain construction works and equipment of the Center in accordance with laws on construction and related laws;

b) Coordinate with traffic police forces and traffic management and control centers along routes to organize traffic and ensure traffic order and safety;

c) Guide and inspect the connection of traffic management and control centers along routes with the National Traffic Management and Control Center.

3. Costs for managing, operating, and maintaining the National Traffic Management and Control Center shall be allocated from the state budget.”

5. Amending and supplementing Article 8 as follows:

“Article 8. Traffic Management and Control Centers along Routes

1. Traffic Management and Control Centers along Routes include: temporary vehicle holding areas, working places for traffic police forces serving traffic order and safety on expressways; office buildings, monitoring and violation handling centers, traffic order and safety; civil works serving management and control and installation of technological equipment, traffic image display screens, and other necessary infrastructure works; technological systems to collect, store, analyze, process data, and display information about traffic conditions on routes, serving the organization, management, and control of traffic along routes, and connected to share information with the National Traffic Management and Control Center, traffic violation monitoring and handling centers of traffic police forces.

Traffic Management and Control Centers along Routes are constructed to serve management and control for one or several interconnected expressways. During the investment and construction of expressways, the competent authority decides on the location and scale of investment in constructing Traffic Management and Control Centers along Routes to ensure safe operation and effective exploitation of expressway sections according to the Law on Management and Use of State Property.

2. Traffic Management and Control Centers along Routes are implemented:

a) In expressway construction projects;

b) During the operation and use of expressways;

c) The roadmap for building Traffic Management and Control Centers along Routes is prescribed by the Prime Minister.

3. Organization of management and operation of Traffic Management and Control Centers along Routes:

a) Expressway management agencies are responsible for organizing the management, operation, and use of Traffic Management and Control Centers along national expressway routes; collecting, preserving, storing, providing, and managing and using information and data; maintaining construction works and equipment of the Center in accordance with laws on construction and related laws; coordinating with traffic police forces in providing, receiving, and processing information under Article 9 of this Decree to organize traffic and ensure traffic order and safety;

b) Expressway management and operation enterprises are responsible for organizing the management, operation, use, and maintenance of Traffic Management and Control Centers along Routes in accordance with laws on road traffic, laws on construction, and provisions of public-private partnership project contracts; collecting, storing information and data, and providing information in accordance with Article 9 of this Decree, managing and using information and data in compliance with regulations; coordinating with traffic police forces in providing, receiving, and processing information under Article 9 of this Decree to organize traffic and ensure traffic order and safety.

4. Costs for managing, operating, and maintaining Traffic Management and Control Centers along Routes shall be included in the costs for managing and maintaining construction works.”

6. Amending and supplementing Article 9 as follows:

“Article 9. Information on Expressways

1. Fixed information on expressways includes information on road signs specified in Clause 1, Article 10 and Clause 1, Article 45 of the Road Traffic Law (excluding information from traffic command personnel and traffic signal lights if applicable).

2. Changing information includes:

a) Information adjusting traffic organization for a certain period to serve repair and maintenance of works; ensuring traffic order and safety;

b) Information on traffic conditions on expressways; information on the location and time of traffic accidents, traffic jams, works incidents, fires, explosions, locations of works repair and maintenance;

c) Weather information and natural disaster events affecting traffic;

d) Commands from traffic command personnel, information on traffic signal lights (if applicable), and other information.

3. Forms of displaying changing information for traffic participants

a) Information specified in Clause 2 of this Article may be published on permitted media including: radio, online newspapers, and online information.

b) Information at point a, Clause 2 of this Article must be displayed on road signs and temporary signs.

c) Electronic sign systems on existing routes can display some of the information specified in Clause 2 of this Article.

d) Information provided by expressway managers; operating, maintenance, organizations, and individuals related parties through direct contact, telephone, email, and information technology platforms to traffic participants and related entities.

4. Provision, reception, exploitation, and use of information

a) Expressway managers are responsible for providing the information specified in Clause 1, point a, b, c, Clause 2 of this Article to Traffic Management and Control Centers along Routes, traffic police forces, and media specified in point a, Clause 3 of this Article.

b) Traffic police provide information on traffic accident handling situations, traffic command and control, and other information related to their responsibilities to the Traffic Management and Control Center along the route, highway management agencies, highway management enterprises, and media outlets.

c) Operating and maintenance units provide traffic situation information, traffic accident information, damage status, construction incident status, maintenance locations, and other necessary information to the Traffic Management and Control Center along the route, traffic police, highway management agencies, and highway users.

d) The Traffic Management and Control Center along the route provides the information specified in points a, b, and c of this clause to the National Traffic Management and Control Center; receives and provides information from the National Traffic Management and Control Center to highway users, traffic police, and media for traffic management and control purposes, and to assist traffic participants.

đ) The National Traffic Management and Control Center connects, receives, and provides information to the Traffic Management and Control Centers along the route.

e) The provision of information at points a, b, c, d, and đ of this clause must be accurate and timely, and must be stored and preserved at traffic management and control centers.

5. During the phase where the National Traffic Management and Control Center has not yet been invested in and constructed, the provisions of points d and đ of Clause 4 of Article 4 of this Law shall not be implemented.

For highways that have not yet built Traffic Management and Control Centers along the route, the organizations specified in points a, b, and c of Clause 4 of Article 4 of this Law shall provide information to the National Traffic Management and Control Center.

7. Amend and supplement Clause 1 and Clause 3 of Article 10 as follows:

“1. Traffic police carry out patrols and traffic supervision on expressways and through traffic surveillance systems to detect and handle violations of road traffic laws; cooperate with units responsible for operating and maintaining expressways to detect and prevent acts violating regulations on protecting infrastructure and safety zones of expressways.

The Ministry of Public Security shall establish a system for monitoring and handling traffic order and safety violations on expressway routes.

3. Highway users' managers shall conduct inspections of the expressways under their management to check and supervise the performance of patrol duties; handle or coordinate in handling violations of expressway infrastructure according to their authority; participate in rescue operations, accident resolution, fire and explosion incidents, and other necessary cases; detect violations of traffic safety laws.”

8. Amending and supplementing Article 11 as follows:

“Article 11. Expressway projects put into operation; temporarily suspending expressway operations

1. An expressway is put into operation when it meets the following requirements:

a) It has been accepted as completed in accordance with construction laws;

b) The traffic organization plan has been approved;

c) There is an operational procedure for the components and equipment specified in Clause 2 of this Article.

2. Components and equipment requiring operational procedures

a) Tunnel structures on expressways using ventilation, dust filtration, environmental control, fire prevention and extinguishing, electrical systems, and other equipment serving operation and use;

b) The National Traffic Management and Control Center; Traffic Management and Control Centers along the route;

c) Equipment installed on expressway structures including vehicle identification devices, weight scales, traffic control devices, structure monitoring devices, fire prevention and extinguishing equipment, and rescue equipment;

d) Other necessary cases decided by the project investor or expressway user manager.

3. Temporarily suspending expressway operations

a) Temporarily suspending expressway operations refers to the temporary non-use for one-way, two-way, partial, or full expressway sections for traffic exploitation, except for vehicles performing traffic police duties, rescue, and emergency response tasks.

b) Cases where expressways must be temporarily suspended due to safety concerns include: damage caused by construction accidents, natural disasters, damage making safe operation impossible; fires and explosions; severe traffic accidents necessitating suspension for rescue and traffic safety; during disasters, epidemics, or when there is a requirement for national defense and security by authorized state agencies.

c) The Minister of Transport decides to temporarily suspend the operation of expressways within the national highway system in accordance with point a, Clause 2, Article 37 of the Road Traffic Law.

d) The Chairman of the Provincial People's Committee decides to temporarily suspend the operation of expressways within the provincial road system in accordance with point b, Clause 2, Article 37 of the Road Traffic Law.

đ) When discovering potential safety risks or threats of construction accidents affecting human life, adjacent structures, and communities, the expressway user manager is responsible for promptly stopping the use of the expressway and implementing measures to ensure safety for people, vehicles, and property; conducting work to limit and prevent potential dangers to the structure; protecting the scene; participating in rescue operations, traffic congestion resolution.

After deciding to temporarily suspend the use of the expressway, the expressway user manager is responsible for immediately notifying traffic police, highway management agencies, Traffic Management and Control Centers along the route, and local authorities.

4. When temporarily suspending expressway operations, the following actions must be taken:

a) The manager of the expressway, the operating and maintenance unit must promptly implement measures to ensure traffic, adjust traffic to minimize traffic congestion; repair damages and address existing issues on the expressway and other routes used for traffic regulation; adjust and supplement road signs and other facilities serving traffic safety; guide people and vehicles participating in traffic; coordinate with traffic police and local authorities in organizing traffic on the expressway.

b) Traffic police shall perform the duty of commanding and controlling traffic.

c) Local authorities shall cooperate to ensure traffic when it is necessary to divert vehicles participating in expressway traffic to roads managed by local authorities.

d) Rescue and salvage operations shall be carried out in accordance with Article 16 of this Decree; work to repair construction projects and ensure safety during operation and use shall comply with laws on construction; fire prevention and firefighting work shall be carried out in accordance with laws on fire prevention and firefighting.

đ) After completing the reorganization of traffic, rescue operations, and investigation of incidents, the manager of the expressway shall be responsible for repairing damages and addressing existing issues to put the expressway back into operation and use according to design standards.

9. Amend and supplement Article 12 as follows:

“Article 12. Collection of service fees for the use and exploitation of expressway works

1. For expressways that collect service fees for the use of roads, electronic toll collection without stopping (ETC) shall be applied.

2. Expressways are public assets of the State, the agency entrusted with managing the expressway shall be responsible for managing, using, and exploiting the expressway works in accordance with laws on the management and use of public assets and other relevant laws.”

10. Amend and supplement Clause 2 of Article 13 as follows:

“2. Connection of expressways

The connection of roads with expressways shall be considered and implemented during the investment construction and operation phases of the expressway and must meet one of the following requirements:

a) The location and scale of new interchanges connecting to the expressway must comply with the design standards and regulations on investment construction of expressways or the location already determined in one of the following plans approved by competent authorities according to the Law on Planning: Road Network Plan, Road Transport Infrastructure Plan, Provincial Plan, Regional Plan.

b) In cases where it is necessary to add connections from other roads to an operational expressway, the connection locations must be updated or adjusted in one of the plans mentioned in point a of this clause. Adding an interchange with the expressway must be approved by the competent state authority managing the expressway. The construction costs for additional connections and related costs shall be borne by the investor of the road requiring the connection.”

11. Amend and supplement Clause 3, Clause 6, Point c of Clause 7 and add Clause 8 of Article 16 as follows:

a) Amend and supplement Clause 3 of Article 16 as follows:

“3. Organization of rescue operations:

a) The driver or owner of the vehicle has the right and obligation to organize rescue operations, including hiring organizations or individuals to carry out rescue operations for their vehicles, cargo, and passengers;

b) Organizations or individuals providing rescue services must arrive at the scene as soon as possible after receiving information to carry out rescue operations for people, vehicles, and cargo involved in accidents and remove them from the expressway;

c) The driver or owner of the vehicle causing the accident has the responsibility to pay for rescue costs;

d) If the driver or owner of the vehicle does not promptly organize rescue operations, leading to disruption of traffic order and safety, and traffic congestion, the operating and maintenance unit shall be responsible for carrying out rescue operations to ensure traffic order and safety. The rescue costs shall be paid by the driver, and if the driver fails to pay, the owner of the vehicle shall be responsible for payment. Payment of rescue costs in this case shall be made before handing over the vehicle to the driver or owner.

đ) The driver or owner of the vehicle involved in the accident shall not have to pay for rescue costs if the cause of the accident is due to force majeure or other cases as stipulated by the Civil Code.”

b) Amend and supplement Clause 6 of Article 16 as follows:

“6. The Public Security Agency shall immediately dispatch its forces to the scene of the accident or incident as soon as possible after receiving information, take the lead in coordinating with other forces to resolve the accident or incident as quickly as possible to restore normal operation of the expressway.”

c) Amend and supplement Point c of Clause 7 of Article 16 as follows:

“c) Costs for rescue operations and ensuring traffic during rescue and salvage operations shall be included in the management, operation, and maintenance costs of the expressway.”

d) Add Clause 8 of Article 16 as follows:

“8. Implementation of fire prevention and firefighting for expressway works:

a) Tunnels on expressways, traffic management and control centers, and other necessary facilities must be equipped with fire prevention and firefighting systems and equipment in accordance with laws on fire prevention and firefighting and technical standards and procedures for the operation and exploitation of works.

b) The manager of the expressway shall be responsible for developing fire prevention and firefighting measures; organizing training on fire prevention and firefighting, assigning responsibilities; reviewing the status, repairing, supplementing, replacing fire prevention and firefighting systems and equipment, and purchasing insurance against fire and explosion as required by law.

Costs for implementing fire prevention and firefighting work shall be included in the construction costs of the works and the management, operation, and maintenance costs of the works.

c) The operating and maintenance unit shall be responsible for participating in the construction of fire prevention and firefighting measures, conducting fire prevention and firefighting training, performing fire prevention and firefighting tasks according to their assigned duties; regularly inspecting the fire prevention and firefighting systems and equipment to promptly repair and replace damaged or non-functional components and equipment.

12. Supplement Article 16a as follows:

"Article 16a. Rest Stops and Overweight Vehicle Inspection Stations on Expressways

1. Rest stops on expressways shall be constructed in accordance with technical standards and specifications to serve road users, support rescue operations, repairs, fuel and energy supply for vehicles.

2. The location and scale of rest stop construction shall be determined when establishing the project and designing the rest stop, and implemented within the investment and construction project of the expressway or after the expressway has been put into operation. Investment, management, business, and exploitation shall be carried out in accordance with laws on construction, bidding, and management, use, and exploitation of state assets.

3. Fixed overweight vehicle inspection stations on expressways

a) Overweight vehicle inspection stations on expressways shall be constructed within the investment and construction project of the expressway or during the operation phase of the expressway.

b) The location of overweight vehicle inspection stations shall be arranged at toll booths, connecting roads leading to the expressway, or other suitable locations. The use of these stations must ensure traffic safety; parking areas for handling violations, unloading plans, or connecting roads for vehicles to exit the expressway must be provided.

c) For expressways constructed using state budget funds, the construction costs of overweight vehicle inspection stations shall be calculated based on one of the following cases: included in the construction project of the expressway; investment costs for constructing the station after the expressway has been put into operation or from the maintenance fund for the expressway in the state budget. Management and maintenance costs for overweight vehicle inspection stations shall be included in the maintenance costs for the expressway.

d) Construction costs for fixed overweight vehicle inspection stations on expressways built under public-private partnership (PPP) methods shall be included in the construction costs of the expressway project; management, maintenance, and construction costs for the inspection stations during the operation phase of the expressway shall be included in the management and maintenance costs for the expressway. These costs shall be included in the financial plan of the PPP project contract.

4. For specialized road service facilities, the Ministry of Transport shall stipulate the organization of selecting investors in accordance with laws on bidding, investment, and specialized laws, and the provisions of this Decree."

13. Amend and supplement Clause 1, Clause 2, Clause 3, and Clause 4 of Article 18 as follows:

"1. Maintenance work for expressway projects shall be carried out in accordance with laws on construction, technical standards and specifications, and maintenance procedures.

2. The expressway management agency entrusted with managing the expressway infrastructure assets shall be responsible for selecting contractors in accordance with the law to implement management, operation, and maintenance of expressway projects funded by the state budget within its jurisdiction; organizing orders during the period before completing the bidding process to ensure that management, maintenance, and traffic safety measures are continuously carried out.

3. Project enterprises shall be responsible for formulating and promulgating regulations for selecting contractors in accordance with laws on investment through public-private partnerships (PPPs) to implement management, operation, exploitation, and maintenance of expressways under their management.

State-owned enterprises implementing expressway construction projects with state capital shall be responsible for selecting contractors in accordance with laws on bidding to organize the implementation of management, operation, exploitation, and maintenance of expressways under their management.

4. For incomplete expressways, during the phased investment and management and exploitation phases, the following provisions shall be implemented:

a) After being allocated land for the project, the project construction investor shall be responsible for managing and protecting the reclaimed land and compensation boundary markers; setting up boundary markers for the safe road corridor according to the complete scale; transferring land reclamation records and boundary markers, and road corridor boundary marker records to the expressway management user.

b) The expressway management user shall be responsible for managing the reclaimed land, the safe road corridor, and documentation serving the completion of the expressway."

14. Amend and supplement Article 19 as follows:

"Article 19. Costs for Management, Operation, and Maintenance of Expressway Projects

1. The state budget shall ensure funding for the management, operation, and maintenance of expressway projects which are state-managed infrastructure assets, including: expressway infrastructure assets constructed by the state; expressway infrastructure assets transferred to the state after the expiration of PPP contracts, and other cases.

2. Expressway infrastructure assets leased or transferred with a time limit to economic organizations and enterprises for exploitation and use in accordance with laws on the management and use of state assets, economic organizations, and enterprises receiving such assets shall be responsible for managing, operating, and maintaining the expressway projects until they are transferred to the state.

3. Management, use, exploitation, maintenance, and costs for these activities for expressways invested in through PPPs shall be carried out by the investor and must be stipulated in the PPP project contract."

4. In cases not provided for in Clauses 1, Clause 2, and Clause 3 of this Article, the owner or manager of expressways shall be responsible for arranging funds and managing, using, operating, and maintaining expressway works in accordance with laws on construction and other relevant laws.

15. Amend and supplement some points of Clause 1 and Clause 5 of Article 20 as follows:

a) Amend and supplement Point b, Point c, and Point d of Clause 1 of Article 20 as follows:

“b) Guide the implementation of traffic organization plans for expressways with phased investment, determine the costs for preparing traffic organization plans on expressways; specify patrol and inspection work on expressways; establish and issue standards and norms regarding management, operation of expressway works; organize and inspect the implementation of regulatory documents on management, operation, and maintenance of expressway works;

c) Manage, operate, maintain, and protect the infrastructure of expressways within their jurisdiction; disseminate, popularize, and educate the public about traffic laws on expressways; monitor the technical condition of expressway works and carry out international cooperation activities related to expressways;

d) Inspect and supervise the organization of management, operation, maintenance, and the implementation of traffic organization plans for expressways within their jurisdiction.”

b) Amend and supplement Clause 5 of Article 20 as follows:

“5. Provincial People's Committees within their assigned tasks and powers shall organize the implementation of management, operation, and maintenance of expressway works in accordance with this Decree and other relevant laws; direct and inspect the management, operation, and maintenance of expressway works within their local jurisdiction.”

Article 2. Repeal Clause 4, Clause 8, Clause 9 of Article 3; Clause 3 of Article 14; Clause 4, Clause 5 of Article 16 of Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on the management, operation, and maintenance of expressway works.

Article 3. Transitional Provisions

Investment projects for constructing expressways under the public-private partnership model that have signed contracts before the effective date of this Decree shall be implemented in accordance with Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government and the provisions of the project contract.

The contracting agency shall negotiate and agree with the investor to incorporate the provisions of this Decree into the contract and sign supplementary appendices to amend the contract. If the provisions of this Decree are not incorporated into the public-private partnership investment contract, the competent authority signing the project contract shall be responsible for reporting to the competent authority to organize the supplementation of the works, components of expressways stipulated in this Decree through appropriate sources of funding.

For public-private partnership investment contracts that have not been adjusted to apply the electronic toll collection system, they shall be implemented in accordance with the Prime Minister's regulations on collecting road usage fees via the electronic toll collection system.

For expressways currently in operation, and investment projects for expressways that have not yet prepared or are not preparing the Traffic Management and Control Center and other works specified in Clause 1 of Article 1 of this Decree, the investment decision-making agency shall be responsible for reporting to the competent authority to organize the construction of supplements according to the laws on investment and construction. The management of investment in construction of works, components, or equipment serving operations on expressways shall be carried out in accordance with the laws on investment and the laws on the management and use of state assets.

Article 4. Implementation provisions

1. This Decree takes effect from July 15, 2023.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, and related units shall be responsible for implementing this Decree./.