Circular No. 34/2024/TT-BGTVT on the operation of toll collection stations for national roads

CIRCULAR

Regulations on the operation of toll stations for national highways

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Pursuant to the Road Law dated June 27, 2024;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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

The Minister of Transport issues this Circular on the operation of toll stations for national highways.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the operation of toll stations for national highways.

Article 2. Applicability

This Circular applies to organizations and individuals related to the operation of toll stations for national highways.

Article 3. Explanation of Terms

1. The operation of toll stations for national highways includes: management, operation, maintenance, upgrading of toll stations for national highways; management of toll station operations; responsibilities in managing highway toll collection activities.

2. A toll station for national highways (hereinafter referred to as a toll station) consists of toll station infrastructure and the toll collection system.

3. Toll station infrastructure includes: control room; toll gate and toll station entrance (if any); road surface and lighting system within the toll station area; lane dividers (if any); toll booth (if any); safety equipment and traffic safety systems at the toll station.

4. The operational system and data center of the service provider for electronic payment of highway usage fees (hereinafter referred to as the Back-End system) is the system regulated by laws on electronic payment for highway traffic.

5. The equipment installed at the toll station that directly interacts with vehicles passing through the station (hereinafter referred to as the Front-End system) includes electronic devices such as card readers, antennas, license plate recognition cameras, vehicle entry detection devices, high-speed barriers, and other hardware, software, and automation equipment. The Front-End system connects to the Back-End system to send transaction information and receive information from vehicles and terminal cards.

6. The toll collection system includes the Back-End system, the Front-End system, and the data transmission network.

7. The entity responsible for collecting tolls for the use of expressways is the revenue management authority, the organization holding the concession to collect expressway usage tolls according to the law on expressway usage tolls for vehicles traveling on state-owned expressways managed and operated by the State (hereinafter referred to as the law on expressway usage tolls).

Chapter II

MANAGEMENT, OPERATION, MAINTENANCE, AND UPGRADE OF TOLL STATIONS

Article 4. Management, operation, maintenance, and upgrade of toll station infrastructure and the Front-End system

1. The toll collection operating unit shall carry out management, operation, maintenance, and upgrade of toll station infrastructure and the Front-End system according to assigned tasks or service contracts for toll collection with the revenue management entity.

2. For toll stations collecting highway usage service fees under the law on pricing (hereinafter referred to as highway usage service fees), management, operation, maintenance, and upgrade costs are sourced from highway usage service fee revenues and determined in the financial plan of investment projects with highway usage service fees. In cases where the electronic payment service provider is also the toll collection operating unit under a contract with the competent authority, these costs are included in the contract signed with the competent authority.

3. For toll stations collecting expressway usage tolls for vehicles traveling on state-owned expressways invested in, owned, managed, and operated by the State (hereinafter referred to as expressway usage tolls), management and operation costs are sourced from expressway usage toll revenues according to the law on expressway usage tolls; maintenance and upgrade costs are sourced from the financial resources specified in Clause 1, Article 42 of the Road Law.

Article 5. Management, operation, maintenance, and upgrading of the Back-End system and data transmission system

1. The service provider for road usage fee payment shall carry out management, operation, maintenance, and upgrading of the Back-End system and data transmission system in accordance with laws on electronic traffic payment and the provisions of the contract signed with the competent authority, except where the competent authority provides the road usage fee payment service itself.

2. Costs for management, operation, maintenance, and upgrading shall be sourced from the service fees for electronic non-stop road usage fee payment and other lawful funding sources as prescribed by law.

Article 6. Working hours, uniforms, insignia

1. Toll stations operate 24/24 hours throughout the year, including holidays and public holidays, except in cases of temporary suspension or cessation of toll collection as stipulated in Articles 22 and 23 of this Circular.

2. Employees working at toll stations must wear uniforms while performing their duties. The design of the uniform for employees at toll stations shall be decided by the operating unit but must ensure that it includes insignia, emblems of the operating unit, name plates, and position signs placed in easily visible positions.

Article 7. Methods of collecting road usage fees

Road usage fees are collected through electronic non-stop and single-stop methods.

1. The electronic non-stop method is an automatic way of collecting road usage fees whereby vehicles participating in road traffic do not need to stop to pay road usage fees when passing through toll stations.

2. The single-stop method is a way of collecting road usage fees whereby vehicles must make a single stop at the toll lane control gate to pay road usage fees when passing through toll stations.

Article 8. Data on road usage fee collection

1. Data on road usage fee collection includes traffic account information data and transaction data for road usage fee payments.

2. Traffic account information data includes traffic account information as prescribed by laws on electronic traffic payment.

3. Transaction data for road usage fee payments include:

a) Information files on road usage fee payments as prescribed by laws on electronic traffic payment;

b) Files on traffic volume, toll revenue, single trip tickets, monthly tickets, quarterly tickets;

c) Video surveillance files of lanes and panoramic views.

4. Data on road usage fee collection must comply with regulations on electronic transactions and cybersecurity laws.

5. Data retention regime for road usage fee collection:

a) Minimum retention period of 1 year: panoramic surveillance video files;

b) Minimum retention period of 5 years: lane surveillance video files; images of vehicles passing through toll stations;

c) Retention from the date the toll station begins operations until 10 years after the PPP project contract is terminated or the toll station ceases operations: information files on road usage fee payments (excluding vehicle images and license plate images); files on traffic volume, toll revenue, single trip tickets, monthly tickets, quarterly tickets;

d) Traffic account information files are retained from the date the traffic account is opened until 10 years after the traffic account is closed.

Article 9. Connection of data for road usage fee collection

1. Data for road usage fee collection shall be connected in accordance with the current standards on toll collection fees, as prescribed by laws on electronic payment for road traffic and the requirements of competent authorities.

2. Service providers of road usage fee payment must ensure connection, sharing, and synchronization of data based on principles of readiness, feasibility, convenience, avoiding duplication and waste, as stipulated in this Circular and relevant laws. Costs for connecting toll collection data among Back-End systems shall be agreed upon by service providers of road usage fee payment.

3. Data for road usage fee collection must be connected to the system for managing electronic payment traffic transaction databases in accordance with laws on electronic payment for road traffic.

4. The connection of data for road usage fee collection must ensure transmission speed, redundancy; meet security and information protection requirements as prescribed by laws on electronic transactions, laws on cybersecurity, and laws on network information security.

Article 10. Management and exploitation of data for road usage fee collection

1. The Vietnam Road Administration manages and exploits data for road usage fee collection from toll stations on the system for managing electronic payment traffic transaction databases; exploits data on road usage fee payment transactions through login accounts and passwords provided to access the portal for state management agencies on the Back-End system of service providers of road usage fee payment.

2. Provincial People's Committees organize the management and exploitation of data for road usage fee collection from toll stations under local management on the system for managing electronic payment traffic transaction databases; exploit transactions on road usage fee payment from toll stations under local management through login accounts and passwords provided to access the portal for state management agencies on the Back-End system of service providers of road usage fee payment.

3. Service providers of road usage fee payment manage and exploit data for road usage fee collection on the Back-End system in accordance with service collection contracts and laws on electronic payment for road traffic.

4. Collection management units and collection operation units manage and exploit data for road usage fee collection at toll stations within their jurisdiction in a single-stop form. They must also synchronize data on transaction history for road usage fee collection at toll stations in a single-stop form to the Back-End system of service providers of road usage fee payment.

5. Collection management units and collection operation units can exploit data on road usage fee payment transactions from toll stations within their jurisdiction through login accounts provided to access the portal of the Back-End system of service providers of road usage fee payment.

6. Vehicle owners can exploit data for road usage fee collection through traffic accounts and mobile applications for electronic payment for road traffic on the Back-End system of service providers of road usage fee payment.

7. The management and exploitation of data for road usage fee collection must comply with laws on electronic transactions, laws on cybersecurity, laws on network information security, and other relevant laws.

Article 11. Management and Supervision of Toll Station Operations

1. The fee collection management unit, the fee collection operation unit, and the service provider for road usage payment must be responsible for inspecting and supervising toll station operations to ensure compliance with regulations. They shall provide complete information, data, figures, and documents as required by competent authorities regarding the toll station's operations during the exploitation process.

2. The work of managing, inspecting, supervising, and handling violations related to toll station operations shall be carried out in accordance with the Circular, relevant laws, and the provisions of the contract.

Chapter III

MANAGEMENT OF ROAD USAGE PAYMENTS

Article 12. Opening and Using Accounts to Receive Money from Electronic Traffic Road Usage Payments

1. The service provider for road usage payments shall open an account on a commercial banking system to receive money from the collection of road usage fees (hereinafter referred to as the road usage fee collection account) from vehicle owners.

2. All funds in the road usage fee collection account must be managed independently and separately from other funds of the service provider for road usage payments and may only be used for purposes specified in Clause 3 of this Article.

3. The road usage fee collection account shall be used to conduct the following transactions:

a) Returning revenue from road usage fee collections to the fee collection management unit in accordance with the law on electronic traffic road usage payments;

b) Paying for electronic traffic road usage payment services to the service provider for road usage payments and toll station operation services of the fee collection operation unit when the service provider for road usage payments is also the fee collection operation unit;

c) Settling amounts due to vehicle owners.

Article 13. Reconciliation of Collections and Transfer of Funds into the Road Usage Fee Collection Account

1. Reconciliation of toll collections for expressways between the fee collection management unit, the fee collection operation unit, and the service provider for road usage payments:

a) The fee collection operation unit shall reconcile toll collections for expressways with the service provider for road usage payments in accordance with Clause 2 of this Article;

b) The fee collection management unit shall inspect the activities and toll collections for expressways of the fee collection operation unit and the service provider for road usage payments to ensure accurate and full collections.

2. Reconciliation of service usage fee collections between the fee collection management unit, the fee collection operation unit, and the service provider for road usage payments:

a) Based on the data stipulated in Clause 3 of Article 8 of this Circular, the service provider for road usage payments shall reconcile daily road usage fee collection data immediately after the data closing time (24 hours before the data closing time) with the fee collection management unit as the basis for confirming the road usage fees collected on that day, the data closing time being agreed upon in the service provision contract;

b) Before the fifth day of each month, the service provider for road usage payments and the fee collection management unit shall reconcile and settle accounts for the previous month;

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

3. In cases where the service provider for road usage payments is also the fee collection operation unit, the service provider for road usage payments shall be responsible for organizing the reconciliation of toll collection data in accordance with Clause 2 of this Article to ensure accurate and full collections as prescribed.

4. The service provider for road usage payments shall be responsible for establishing a reconciliation and fund transfer procedure consistent with this Circular and the law on electronic traffic road usage payments, and the law on expressway usage fee collection.

5. The fee collection management unit for the toll station to collect service usage fees, and the fee collection operation unit for the toll station to collect expressway usage fees shall cooperate with the service provider for road usage payments to implement the reconciliation procedures and address, adjust errors and discrepancies identified through the reconciliation process.

6. The fee collection operation unit shall cooperate with the service provider for road usage payments to publicly disclose daily collections and the amount owed by vehicles at each toll station.

Article 14. Transfer of funds from road usage fees and payment for service provision

1. For toll fees on expressways

The service provider for the transfer of road usage fees and the collection management unit shall carry out the transfer of funds from road usage fees and payment for service provision according to the laws on the collection of expressway usage fees.

2. For road usage service fees:

a) Based on the agreed data after daily revenue reconciliation with the collection management unit, the service provider for the transfer of road usage fees shall transfer the entire amount of road usage fee revenue (including value-added tax) collected at each toll station to the collection management unit after deducting the service fee for collecting road usage fees as stipulated in the service collection contract. The time of transfer shall be in accordance with the laws on electronic traffic payment;

b) The service provider for the transfer of road usage fees shall be responsible for establishing procedures for implementing electronic non-stop road usage fee collection transactions; declaring and paying all types of taxes on the income from road usage services received.

Article 15. Operating costs, service fees for electronic non-stop road usage fee collection, and supervision costs for road usage service fee collection activities

1. The operating cost for collecting road usage fees shall be determined based on economic-technical norms issued by competent state agencies, contracts for providing electronic non-stop road usage fee collection services, and relevant legal provisions.

2. Service fees for electronic non-stop road usage fee collection

a) The service fee for electronic non-stop road usage fee collection at each toll station shall be specifically defined in the contract for providing electronic non-stop road usage fee collection services and shall be directly deducted from the revenue from collecting road usage fees of road construction investment projects that collect such fees;

b) The service fee for electronic non-stop road usage fee collection may be adjusted according to the terms of the contract for providing electronic non-stop road usage fee collection services;

c) For road usage service fee collection projects signed with competent authorities under the public-private partnership model, the revenue from providing electronic non-stop road usage fee collection services is the amount that the service provider for the transfer of road usage fees receives to recover investment, construction, renovation, management, operation, and maintenance costs for the electronic non-stop road usage fee collection project.

3. Supervision costs for road usage service fee collection activities

a) Supervision costs for road usage service fee collection activities include: monitoring, post-audit, and reconciliation of road usage fee collection data between the collection management unit and the service provider for the transfer of road usage fees, the collection operation unit;

b) Supervision costs for road usage service fee collection activities shall be determined based on economic-technical norms issued by competent state agencies and relevant legal provisions.

Chapter IV

 LIABILITY IN ROAD CHARGE COLLECTION ACTIVITIES

Article 16. Responsibilities of the Owner of Road Traffic Vehicles

The owner of road traffic vehicles shall implement their responsibilities in accordance with the laws on electronic payment for road traffic and the laws on toll collection for expressways.

Article 17. Responsibilities of the Collection Management Unit

1. The Collection Management Unit shall implement its responsibilities in accordance with the laws on electronic payment for road traffic, the laws on toll collection for expressways, and the provisions of this Article.

2. Publicly announce continuously at least five days prior to and post public notice at toll stations when initiating toll collection regarding the start date of toll collection, location of toll stations, collection technology, collection methods, collection targets, toll rates, and exemptions and reductions for certain groups. In case of changes in toll rates, collection technology, collection methods, collection targets, the unit must publicly announce and post similar notices at least thirty days in advance (or as stipulated by the competent authority). Forms of public announcement include publishing on local and central mass media, and sending notifications to the Vietnam Automobile Transport Association.

Throughout the collection process, the Collection Management Unit (or delegate the operation unit to perform) must publicly display information on electronic signs (VMS boards) located in the station control area, including: project name, value of the project (if the project has not been settled, it will be announced based on the total investment amount), total time for collecting road usage fees, start date of collection, remaining collection period, revenue of the previous month from the toll station (revenue data updated no later than the 10th day of the following month), contact number for receiving feedback.

3. Ensure that the operational performance index (KPI) of the electronic non-stop toll collection system meets the minimum requirements set by the competent authority; or through service contracts assigned to the operation unit and service providers of road usage fee payments, ensure that the KPI of the Front-End and Back-End systems meet the minimum requirements set by the competent authority.

4. Report statistical, accounting, bookkeeping, settlement of revenues, declaration and payment of taxes in accordance with the law.

5. Provide complete information, data, figures, and documents as required by competent authorities.

6. For toll stations collecting road usage service fees:

a) Manage assets entrusted, assets handed over from the state, and toll station assets formed during the investment process in compliance with current regulations and signed contracts with competent authorities;

b) Pay state asset usage fees or lease fees for infrastructure assets according to the laws on management and utilization of state assets;

c) Hand over toll station assets to the competent authority or designated units upon contract termination. Assets handed over must be in normal operating condition as stipulated in the contract;

d) Comply with decisions to temporarily suspend or terminate collection made by the competent authority as provided in Clause 1, Article 24 of this Circular;

đ) Report to the competent authority on the management and use of the account for collecting road usage fees by the service provider, including measures for managing and using the account for collecting road usage fees with commitments and agreements with banks regarding the management and use of such accounts;

e) Verify, reconcile, and accept collected road usage fees transferred by the service provider of road usage fee payments;

g) Prevent fraudulent acts involving road usage fees; collusion in fraudulent activities in the collection of road usage fees; interference with the Front-End and Back-End systems; reporting false revenues to fraudulently increase road usage fee revenues.

7. For toll stations collecting expressway usage fees:

a) Collect and remit expressway usage fees in accordance with regulations;

b) Manage assets in compliance with current regulations;

c) Inspect operations and revenues from the provision of expressway usage fee collection services by the operation unit and service providers of road usage fee payments;

d) Comply with decisions to temporarily suspend or terminate collection made by the competent authority.

Article 18. Responsibilities of the toll collection operation unit

1. Fulfill the responsibilities of the toll collection operation unit as prescribed by laws on electronic payment for road traffic, laws on toll collection for expressways, and the provisions of this Article.

2. Manage labor and resolve benefits for workers at toll stations in accordance with the law.

3. Backup toll data in accordance with Clause 3 and Clause 5, Article 8 of this Circular to serve monitoring and post-audit work.

4. Ensure that the KPI indicators of the electronic non-stop toll collection system meet the minimum requirements set by the competent authority as stipulated in the service toll collection contract signed with the management unit.

5. Ensure environmental sanitation in the toll station area; ensure compliance with traffic organization plans on the route where the toll station is located, as approved by the competent authority.

6. Comply with decisions to temporarily suspend or stop toll collection made by the competent authority as prescribed in Clause 1, Article 24 of this Circular.

7. Not allow the occurrence of the following acts:

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

b) Interfering with the Front-End system, Back-End system; reporting false revenue to defraud road usage fee revenue;

c) Organizing ticket sales and inspections untimely, harassing purchasers; not selling tickets fully or limiting the sale time for monthly and quarterly tickets as prescribed; causing traffic congestion and blockages in the toll station area; collecting road usage fees not in accordance with regulations;

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

đ) Not performing maintenance on toll station assets; arbitrarily dismantling, liquidating, or selling toll station assets; not conducting calibration and inspection for groups of equipment that require such work as prescribed;

e) Using technology or other methods to transmit data to the Back-End inaccurately or interfering with the Back-End leading to discrepancies in traffic volume and revenue at the toll station.

8. When the toll station must cease operations due to force majeure, the toll collection operation unit must take measures to prevent traffic congestion in the toll station area; simultaneously, it must immediately report to the management unit, the service provider of road usage fee payments, and the competent authority to implement remedial measures and resume toll station operations as soon as possible. In cases of traffic congestion caused by force majeure in the toll station area, the toll collection operation unit must immediately clear the station and report to the management unit and the competent authority to implement traffic diversion measures.

9. Be responsible for arranging personnel on duty, promptly mobilizing forces, and being ready to cooperate with traffic police forces when requested to handle traffic accidents and sudden, unexpected situations concerning traffic order and safety in the toll station area.

10. Perform the task of reconciling toll collection data between actual vehicle traffic volume and the volume collected by the service provider of road usage fee payments to ensure accurate and full collection according to regulations.

11. Be responsible for compensating the management unit for losses resulting from temporary suspension or cessation of toll collection due to errors of the toll collection operation unit and other cases as stipulated in the service provision contract for toll operation.

Article 19. Responsibilities of the Service Provider for Road Usage Payment Settlement

1. Fulfill the responsibilities of the service provider for road usage payment settlement in accordance with the provisions of the law on electronic traffic payment, the law on toll collection for expressways, and the provisions set forth in this Article.

2. Backup data collected in accordance with Clause 2, Point a Clause 3, and Clause 5 of Article 8 of this Circular to serve monitoring and post-audit work.

3. Ensure that the KPI indicators of the electronic non-stop toll collection system meet the minimum requirements of the competent authority as stipulated in the service collection contract signed with the management unit.

4. Comply with the decision to temporarily suspend or stop collection issued by the competent authority as provided for in Clause 1 of Article 24 of this Circular.

5. Not allow the occurrence of the following acts:

a) Fraud in collecting road usage fees; colluding in fraud during toll collection activities;

b) Interfering with the Back-End system, the electronic traffic payment database management system; reporting false revenue to commit fraud in road usage fee revenue;

c) Using technology or other methods to transmit data to the electronic traffic payment database management system inaccurately or interfering with the software managing the electronic traffic payment database leading to discrepancies in traffic volume and revenue at toll stations;

d) Misusing funds in the account for collecting road usage fees.

6. Implement the provisions regarding opening and using the account for collecting road usage fees as stipulated in Article 12 of this Circular.

7. Issue receipts for road usage fees accurately to the respective payers at toll stations; shall not collect or obstruct those who are not required to pay road usage fees according to the law at toll stations, and shall not change the amount of road usage fees without written approval from the competent state agency;

8. Conduct annual auditing of revenue and road usage fees in accordance with the law and the service collection contract.

9. Inspect and supervise the collection of road usage fees to ensure compliance with the law and the signed contracts.

10. Refund the collected road usage fees to the management unit after deducting the service fee of the toll station as stipulated in the service collection contract.

11. Issue value-added tax invoices for the revenue from providing electronic non-stop road usage fee collection services in accordance with the law on taxation.

12. Perform the reconciliation task between the actual traffic volume and the traffic volume subject to toll collection with the operating unit in accordance with the provisions on electronic traffic payment to determine the tolls due for expressways; transfer the correct amount of tolls for expressways within the prescribed time limit into the pending budget payment account of the toll management unit as stipulated and in the service provision contract. In cases where the service provider for road usage payment settlement is also the operating unit, the service provider for road usage payment settlement must reconcile the toll collection data between the actual traffic volume and the traffic volume subject to toll collection to ensure accurate and full collection as required.

13. Shall be responsible for compensating the management unit for losses resulting from temporary suspension or cessation of collection due to errors of the service provider for road usage payment settlement and other cases as stipulated in the service provision contract.

Article 20. Responsibilities of State Management Agencies

1. The Vietnam Highway Administration shall perform the state management functions over toll station operations on national highways and expressways under the management of the Ministry of Transport.

2. Provincial People's Committees shall organize the implementation of state management functions over toll station operations on local roads and other types of roads under their management responsibility.

3. Shall be responsible for organizing the implementation, inspection, and supervision of toll station operations.

Article 21. Reporting System

1. Regarding the work of collecting money for road usage services:

The managing unit for collection, and the service provider for payment of road usage fees shall have the responsibility to submit regular reports to the competent authority or the unit assigned by the competent authority to manage the collection work, as follows:

a) Report name: Regular report on revenue from road usage fees, traffic volume through toll stations, and regular report on asset management and utilization;

b) Content required in the report: revenue from road usage fees, traffic volume through toll stations; situation of asset management and utilization;

c) Reporting entity: the managing unit for collection, the service provider for payment of road usage fees;

d) Receiving authority: the competent authority or the unit assigned by the competent authority to manage the collection work;

đ) Method of submitting and receiving reports: direct submission or via postal service;

e) Deadline for submitting reports:

- Revenue report from road usage fees and traffic volume through toll stations: monthly report before the 10th day of the following month; annual report before February 28 of the following year.

- Asset management and utilization report: annual report before January 10 of the following year.

g) Frequency of reporting:

- Revenue report from road usage fees and traffic volume through toll stations: regular monthly and annual reports;

- Asset management and utilization report: regular annual report.

h) Time period for data consolidation for reporting:

- Monthly report: from the 1st to the end of the reporting month;

- Annual report: from January 1 to December 31 of the reporting year.

i) Reporting form templates:

- Revenue report from road usage fees and traffic volume through toll stations: according to Form 01-B, 02-B, and from Form 03 to Form 08 of Appendix I issued together with this Circular;

- Asset management and utilization report: according to Form 08 of Appendix I issued together with this Circular.

k) In addition to the regular reports stipulated in Clause 1 of this Article, the managing unit for collection and the service provider for payment of road usage fees shall be responsible for submitting ad hoc reports upon request of the competent authority or the unit assigned by the competent authority to manage the collection work;

h) The managing unit for collection and the service provider for payment of road usage fees shall be responsible for the accuracy of the reported data. Specifically, the annual revenue report from road usage fees must be audited independently or confirmed by the tax authority.

2. Regarding the work of collecting tolls for expressway usage:

a) The managing unit for collection and the authorized agency shall submit reports in accordance with the laws on expressway toll collection, fee and surcharge laws, and state budget laws;

b) The operating unit for collection and the service provider for payment of road usage fees shall carry out reporting work as stipulated in Clause 1 of this Article, including Forms 01-A, 02-A, and Forms 03, 04 of Appendix I issued together with this Circular.

Chapter V

SUSPEND COLLECTION, STOP COLLECTION

Article 22. Suspension of Collection

1. In cases where a project that collects service fees for using roadways shall suspend collection in the following circumstances:

a) The collection management unit violates the quality of maintenance of road construction projects, which has been reminded twice by the competent authority with a notice accompanied by a deadline for rectification. Specific details about violations of the quality of maintenance of construction works are stipulated in Appendix II issued together with this Circular. The suspension period shall be calculated from the date recorded in the suspension notice until the collection management unit completes the rectification, but not less than one day;

b) The collection management unit allows situations to occur that pose safety risks to road traffic according to laws on traffic order and safety, which have been required twice in writing by the competent authority to rectify within a specified time limit but has not done so or delayed in doing so. The suspension period shall be calculated from the date recorded in the stop notice until the collection management unit completes the rectification, but not less than one day;

c) The collection management unit commits acts of violation as specified in point g, Clause 6, Article 17 of this Circular. The suspension period shall be calculated from the date recorded in the suspension notice until the collection management unit completes the rectification of the consequences of the violation and receives a permit to resume fee collection from the competent authority;

d) The technology and equipment system directly serving toll collection operations malfunction or break down without timely rectification as prescribed by laws on electronic payment for road traffic. The suspension period shall be calculated from the date recorded in the suspension notice until the collection management unit completes the rectification of the malfunction and receives a permit to resume fee collection from the competent authority;

đ) When there is a request from the competent authority in cases of disease outbreaks, natural disasters, war, or national security and defense, or when implementing state policies;

e) The collection management unit, the operation unit, or the service provider for payment of road usage fees intentionally delay or fail to comply with decisions of the competent authority.

2. Toll roads that collect fees for using expressways shall suspend collection in the circumstances prescribed in Clause 2, Article 51 of the Road Law.

3. Cases of suspension of collection not due to the fault of the collection management unit, the operation unit, or the service provider for payment of road usage fees shall be handled in accordance with the provisions of the law or service collection contracts.

Article 23. Termination of Collection

1. A toll station collecting fees for using expressways shall terminate collection upon a decision to terminate collection by the competent authority.

2. A toll station collecting service fees for using roadways shall terminate collection in the following circumstances:

a) Upon expiration of the fee collection period under the investment project contract for constructing roads for business purposes or the contract for transferring the right to collect fees for using expressways;

b) Upon a decision to terminate fee collection by the competent authority (or by the unit assigned by the competent authority to manage toll collection operations);

c) Upon termination of the PPP project contract as prescribed in Clause 2, Article 52 of the Law on Investment under the Public-Private Partnership Model.

Article 24. Suspension of collection and cessation of collection

1. The competent authority deciding on suspension of collection and cessation of collection:

a) The Vietnam Highway Administration decides on the suspension of collection and cessation of collection for toll stations on national highways within the management scope of the Ministry of Transport;

b) The People's Committee of the province decides on the suspension of collection and cessation of collection within its authority for toll stations on roads within the scope of the People's Committee of the province.

2. For road investment projects for business purposes and projects transferring the right to collect tolls for using expressways:

a) The time of suspension of collection in cases specified at points a, b, c, d, e of Clause 1 of Article 22 of this Circular shall not be counted towards extending the toll collection period under the contract signed between the competent authority and the investor;

b) Daily revenue during the suspension of collection is calculated based on the average daily revenue of the month immediately following the suspension. In cases where the collection management unit violates the provisions at point g of Clause 6 of Article 17 of this Circular, in addition to being suspended according to the provisions at point c of Clause 1 of Article 22 of this Circular, the daily revenue during the suspension is determined as 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.

3. During the suspension of collection, the collection management unit is responsible for ensuring smooth and safe traffic flow, without causing traffic congestion or hindrance, and widely announcing through central and local mass media, as well as publicly at the toll station.

Chapter VI

IMPLEMENTATION

Article 25. Transitional Provisions

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

2. For toll stations that have already signed contracts or supplementary agreements under the public-private partnership model before this Circular takes effect, they shall be implemented according to the signed contracts or supplementary agreements. As for operating costs from the date of switching to non-stop electronic toll collection after this Circular takes effect, they shall be implemented according to this Circular and the signed contract.

3. Management and monitoring systems invested in and constructed before this Circular takes effect shall continue to operate until July 1, 2026.

Article 26. Implementation Provisions

This Circular takes effect from January 1, 2025, and replaces Circular No. 45/2021/TT-BGTVT dated December 31, 2021, issued by the Minister of Transport regarding the operation of road toll stations./.