Circular No. 49/2016/TT-BGTVT on the establishment, organization, and operation of toll collection stations for road usage services

CIRCULAR

Provisions on construction, organization, and operationof toll collection stations for road usage services

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 10/2013/NĐ-CP dated January 11, 2013 of the Government on the management, use, and operation of road infrastructure assets;

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

The Minister of Transport issues the Circular stipulating provisions on construction, organization, and operation of toll collection stations for road usage services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates provisions on construction, organization, and operation of toll collection stations for road usage services established or permitted to operate by competent authorities, collecting tolls for road usage services on the national road system in Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals related to the construction, organization, and operation of toll collection for road usage services at toll collection stations for road usage services.

Article 3. Explanation of Terms

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

1. Toll collection station for road usage services (hereinafter referred to as toll collection station) is a place where tolls for road usage services of vehicles participating in road traffic are collected, constructed according to planning or investment projects approved by competent state agencies.

2. The entity collecting tolls for road usage services (hereinafter referred to as toll collection entity) is an organization authorized by competent state agencies to collect or allowed to collect tolls for road usage services.

Assets of the toll collection station include: administrative building, ticket selling house, toll booth gate, control and management equipment, lighting system, transportation means (money transport vehicle, employee shuttle bus), vehicle weight control system (if applicable), traffic surveillance and safety system (if applicable), and other auxiliary facilities and equipment serving the collection of tolls for road usage services.

Article 4. Provisions on construction of toll collection stations

1. New construction, upgrading, and renovation of toll collection stations must comply with current technical standards and regulations, and the design must be approved by competent state agencies. In cases where foreign standards are applied, the toll collection technology must be standardized, data synchronized, and compatible with the common technology of existing toll collection stations and approved by the Ministry of Transport.

2. Toll collection stations must apply a single-stop toll collection system and automatic electronic toll collection using modern and advanced technology in accordance with current technical standards and regulations of the Ministry of Transport. The construction of vehicle weight control systems and traffic surveillance and safety systems must comply with decisions of competent state agencies. The entire toll collection system, vehicle weight control system, and traffic surveillance and safety system must ensure online connectivity, stability, and continuity with the management and surveillance system of competent state agencies.

Chapter II

ORGANIZATION AND OPERATION OF TOLL COLLECTION STATIONS

Article 5. Responsibilities of toll collection entities

1. Organize the operation of toll collection stations in compliance with legal regulations and provisions of this Circular.

2. Develop toll collection procedures suitable for the toll collection technology currently used at toll collection stations and internal regulations regarding inspection, handling of violations, and troubleshooting during the process of collecting tolls for road usage services.

3. Coordinate with local functional agencies where the toll collection station is located to maintain security and order during the collection of tolls for road usage services, ensuring traffic safety, avoiding traffic congestion, preventing negative phenomena, hindrances, and causing inconvenience in toll collection activities; promptly handle fraudulent behaviors (not purchasing tickets, using fake tickets, circulating tickets, incorrect ticket types) during the process of collecting tolls for road usage services.

4. Publicly announce continuously five days before and post public notices at toll collection stations when organizing the start of toll collection about the location of the toll collection station, starting date, toll collection technology, toll collection method, toll payers, toll rates, and those exempted or granted discounts on road usage service fees. In case of changes in toll rates, toll collection technology, toll collection methods, toll payers, toll collection entities must publicly announce and post similar notices as when starting toll collection. Forms of public announcement include publishing on local and central mass media, and sending notifications to the Vietnam Automobile Transport Association.

Throughout the toll collection period, toll collection entities must publicly display information on electronic boards at the administrative area of the toll collection station, including: project name, total investment amount of the project (updated total investment amount based on final settlement value if the project has been settled), total collection period, start date, remaining collection time, revenue of the previous month, cumulative revenue of the toll collection station up to the end of the previous month (revenue figures updated no later than the 10th day of the following month), hotline number for reporting negative incidents at the toll collection station.

5. Implement labor management and resolve benefits for workers working at toll collection stations during and after the toll collection period in accordance with legal regulations.

6. Strictly manage seals, revenues; report statistics, accounting, bookkeeping, settlement of revenues, declaration and payment of taxes in accordance with legal regulations.

Regularly back up toll collection service usage data to serve monitoring and post-audit work. Data from the toll management system includes: database files, images of vehicles passing through the toll station, continuous lane surveillance videos must be backed up as data sets and retained for a minimum of five years. Surveillance cabin and panoramic surveillance video files must be backed up as data sets and retained for a minimum of one year.

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

Equip necessary assets and material infrastructure to serve toll collection; upgrade and modernize toll collection stations according to decisions of competent state agencies.

10. Comply with the installation of equipment and software for managing and monitoring data collection by the competent state agency, ensuring stable and continuous connection to the state agency's management and monitoring system.

When the competent state agency decides to upgrade the technology collection system or install management and monitoring software for collected data into the management technology system, if the fee collection unit does not comply or has not implemented it, they must commit to upgrading the collection technology according to general regulations, specifying the implementation time, completion time, or commitment for the state agency to install the management and monitoring software for collected data into the management technology system. Based on the report from the fee collection unit, the competent state agency will consider and decide on extending the implementation period.

11. In case the technological equipment system for fee collection is damaged or malfunctioning, the fee collection unit must submit a written report to the competent state agency or report to the unit assigned by the competent state agency to manage the fee collection service usage charges; simultaneously, they must promptly repair the system failures. The repair time shall not exceed 48 hours from the time the system is damaged or malfunctioning. During the repair period, the fee collection unit must ensure quick and efficient collection to avoid traffic congestion and implement measures to monitor road usage revenue.

12. Ensure environmental sanitation at the toll station area.

13. Pay fees for using state assets or rental fees for exploiting infrastructure assets of the road (if applicable) as prescribed by law.

14. Hand over the toll station assets to the competent state agency or the unit designated by the competent state agency upon termination of the contract. The handed-over assets must be in normal operating condition.

15. Comply with decisions to temporarily suspend or stop collection made by the competent state agency or the unit assigned by the competent state agency to manage the fee collection service usage charges.

16. The fee collection unit is responsible for preventing the following actions:

a) Fraudulent pricing of road usage services or collusion in fraudulent activities during the fee collection process for road usage services;

b) Interfering with the collection technology system, the monitoring and management system, the vehicle weight inspection equipment system, and engaging in corrupt practices in the field of vehicle weight monitoring; reporting false revenues to defraud road usage revenues;

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

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

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

Article 6. Organization of toll stations

1. Positions working at toll stations include:

a) Station Manager, Deputy Station Manager, Shift Leader, Team Leader;

b) Staff.

2. The head of the toll collection unit (for toll stations on national highways managed by the state), the Director of the Department of Transport (for toll stations on local roads managed by the state) shall appoint and specify the standards for positions mentioned in point a, Clause 1 of this Article;

3. For toll stations under the management of investors, they shall be implemented according to the authority of the investor.

Article 7. Responsibilities of the Station Manager, Deputy Station Manager, Shift Leader, and Team Leader of toll stations 1. The Station Manager of a toll station is the person directly responsible for managing and directing all activities of the toll station. The Station Manager has the responsibility:

a) To organize, assign, arrange, and coordinate between departments, shifts to implement the toll collection plan, prevent traffic congestion, resolve all matters in accordance with regulations and authority;

b) To regularly organize and check the performance of each department, team, and shift in toll collection activities; if any violation is discovered, immediately suspend the violating department or individual, and report and propose that the toll collection unit handle it according to regulations;

c) The Station Manager is responsible to the head of the toll collection unit for the management and direction of the toll station's activities; bear responsibility or joint liability for violations occurring at the toll station assigned to manage.

2. Deputy Station Managers, Shift Leaders, and Team Leaders shall perform tasks assigned by the Station Manager and be responsible to the Station Manager for the tasks assigned.

Article 8. Uniforms and insignias of workers at toll stations

Workers at toll stations must wear uniforms while performing their duties. The model of the uniform for workers at toll stations is decided by the toll collection unit but must ensure that there are insignias, emblems of the toll collection unit, name plates, and position titles placed in easily recognizable positions. Article 9. Operating hours of toll stations

1. Toll stations operate 24/24 hours every day of the year, including holidays and public holidays.

2. When toll stations must cease operations due to force majeure, the toll collection unit must take measures to ensure that traffic congestion does not occur in the area of the toll station; at the same time, they must immediately report to the competent state agency to take measures to remedy the situation and resume toll station operations as soon as possible. for

Article 10. Regulations on reporting work

1. The toll collection unit is responsible for submitting regular reports or ad hoc reports as required by the competent state agency or the unit entrusted by the competent state agency to manage toll collection activities. The deadlines and submission times for regular reports are specified as follows:

a) Revenue report from road usage and vehicle flow: for monthly and quarterly reports, no later than 10 days after the end of the month or quarter; for annual reports, no later than January 31 of the following year; b) Report on asset management and utilization: no later than the first 10 days of July for semi-annual reports and the first 10 days of January of the following year for annual reports.

2. Project enterprises, investors, and toll collection units are responsible for the accuracy of the data in the reports. Specifically, the annual revenue report from road usage must be audited independently or confirmed by the tax authority.

a) Revenue report on the use of roadways and vehicle traffic volume: for monthly and quarterly reports, the latest deadline is 10 days after the end of the month or quarter; for annual reports, the latest deadline is January 31 of the following year;

b) Report on the management and use of assets: for the six-month report, the latest deadline is the first 10 days of July; for the annual report, the latest deadline is the first 10 days of January of the following year.

2. The project enterprise, investor, and fee collection unit shall be responsible for the accuracy of the reported data. Specifically, the annual revenue report on the use of roadways must be audited by an independent auditor or confirmed by the tax authority.

Article 11. Suspension of collection, deduction of collection time, and handling of violations related to maintenance quality of road construction projects

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

a) Enterprises implementing projects and investors violating the maintenance quality of road construction projects. The specific details regarding violations of maintenance quality are stipulated in the Appendix attached to this Circular. The suspension period is calculated from the date of the decision to suspend until the enterprise or investor has fully remedied the violation, but not less than one day;

b) Enterprises implementing projects, investors, and units collecting fees causing situations with traffic safety risks or prolonged traffic congestion on the route, which have been required twice in writing by competent state authorities to remedy within five days (each written request being at least five days apart), but have not remedied or have remedied late. The minimum suspension period is one day;

c) Units collecting fees committing violations as specified in points a and b of Clause 16, Article 5 of this Circular. The suspension period continues until the consequences of the violation are fully remedied;

d) Units collecting fees committing violations as specified in Clauses 9 and 10, Article 5 of this Circular. The suspension period continues until the upgrading of the technology collection system or installation of management and monitoring software is completed;

đ) When the technology systems and equipment directly serving the collection of tolls for road usage are damaged or malfunctioning and are not promptly repaired as prescribed in Clause 11, Article 5 of this Circular. The suspension period continues until the fault is fully remedied;

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

a) Investors of BOT projects failing to submit final settlement reports for BOT construction projects as prescribed. One day of collection is deducted if the report is submitted late between 10 to 15 days; two days of collection are deducted if the report is submitted late between 16 to 30 days; for delays beyond 30 days, one day of collection is deducted for every five-day delay in submitting the report;

b) Units collecting fees failing to back up collected data as prescribed. Two days of collection are deducted if data backup is not performed between 10 to 15 days; four days of collection are deducted if data backup is not performed between 16 to 30 days; for delays beyond 30 days, two days of collection are deducted for every five-day delay in performing data backup;

c) Units collecting fees failing to report as prescribed in Article 10 of this Circular or failing to pay state asset usage fees or infrastructure road asset exploitation rights fees as prescribed when reminded twice in writing by competent state authorities, each reminder being at least five days apart. The minimum deduction period is one day;

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

a) The Vietnam Highway Administration decides on the suspension of collection or deduction of collection time for toll stations on national highways and expressways;

b) Provincial Department of Transport advises the People's Committee of the province or centrally-administered city to decide or delegate the decision on the suspension of collection or deduction of collection time according to their authority for toll stations on local roads and national highways where the competent state authority is the People's Committee of the province or centrally-administered city;

4. The time during which collection is suspended under the provisions of Clause 1 of this Article shall not be counted towards extending the collection period for road usage services as stipulated in the contract signed between the competent state authority and the investor;

5. Daily revenue during the suspension period is calculated based on the average daily revenue of the month immediately following the suspension. For cases where units collecting fees commit violations as specified in points a and b of Clause 16, Article 5 of this Circular, in addition to the suspension of collection as stipulated in point c of Clause 1 of this Article, daily revenue during the suspension period is determined as three times the highest revenue day of the month immediately following the suspension;

6. During the suspension period, units collecting fees are responsible for ensuring smooth and safe traffic flow, without causing traffic obstruction or congestion, and must widely announce through central and local mass media, as well as publicly at the toll station.

Article 12. Inspection, Supervision, and Handling of Violations

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

2. State agencies with authority shall be responsible for auditing and inspecting the organization and operation of toll stations in accordance with the provisions of the law and the contract. Publicize the results of inspections and the content of responses to complaints about the operation of toll stations on their own electronic information gateways.

3. Organizations and individuals violating the provisions of this Circular shall be handled according to the provisions of this Circular and current laws.

Article 13. State Management of the Organization and Operation of Toll Stations

1. The Vietnam Highway Administration is the agency responsible for state management functions regarding the organization and operation of toll stations on national highways and expressways.

2. Provincial Departments of Transport under centrally governed cities are the agencies responsible for state management functions regarding the organization and operation of toll stations on local roads and toll stations on national highways where the competent state agency is the People's Committee of provinces and centrally governed cities.

3. The Vietnam Highway Administration and Provincial Departments of Transport under centrally governed cities are responsible for organizing implementation, auditing, and inspecting the construction, organization, and operation of toll stations on the road system in accordance with the law and this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from March 1, 2017, and replaces Circular No. 05/2010/TT-BGTVT dated February 9, 2010, issued by the Ministry of Transport on the organization and operation of toll stations for road usage.

2. The provisions concerning the suspension of collection, deduction of collection time, and handling of violations in Article 11 of this Circular are the minimum standards for state agencies with authority to negotiate and include in project contracts.

For project contracts signed before the effective date of this Circular, state agencies with authority shall negotiate to supplement the contents of this Circular into the project contracts.

3. During implementation, in case of difficulties, units are requested to promptly report to the Ministry of Transport for research and appropriate amendments and supplements./.