Thông tư 15/2020/TT-BGTVT

CIRCULAR

ON OPERATION OF TOLL PLAZAS

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

Pursuant to Decree No. 63/2018/ND-CP dated May 4, 2018 of Government on investment in form of public-private partnerships;

At the request of Director General of Transport Infrastructure Department and Director General of the Vietnam Road Administration;

Minister of Transport promulgates Circular on operation of toll plazas.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes operations of toll plazas in road system in Vietnam.

Article 2. Regulated entities

This Circular applies to organizations and individuals related to operations of toll plazas in road system in Vietnam.

Article 3. Term interpretation

1. “toll plaza” refers to where road user charges are collected and applicable to road vehicles.

2. “toll collector” refers to an entity assigned or permitted by competent authorities to collect road user charges.

3. “assets of a toll plaza” include: operation center, ticket booths, toll-gates, revenue control and management system, lighting system, vehicle load control system (if any), traffic order and safety supervision and guarantee system (if any), auxiliary works and other equipment serving collection of road user charges.

4. “non-stop electronic toll collection” refers to a form of automatic toll collection that does not require vehicles to stop to pay road user charges when passing through a toll plaza.

5. “one-stop toll collection” refers to a form of toll collection in which vehicles only make a single stop to pay road user charges when passing through a toll plaza.

Article 4. Criteria for establishment of toll plazas

1. Must be situated within range of the projects.

2. Must be approved by competent authorities in feasibility study of the investment projects.

3. Must be guaranteed in terms of investment effectiveness of the projects.

4. Must apply innovative and modern technology for collecting road user charges.

5. Must publicize position of toll plazas.

6. Projects that take place on local roads which connect with investment projects in form of public-private partnerships on national highways require consensus of Ministry of Transport.

Chapter II

OPERATION OF TOLL PLAZAS

Article 5. Responsibilities of toll collectors

1. Developing and approving procedures for collecting road user charges suitable for toll collection technology currently applied at toll plazas and internal regulations on inspecting, penalizing violations and dealing with incidents during collection of road user charges.

2. Cooperating with local competent authorities where toll plazas are located to preserve security and order during collection of road user charges, ensure traffic safety, avoid congestion, and prevent vices, obstructions and hindrances during collection of road user charges; promptly dealing with violations in collecting road user charges.

3. Publicly inform 5 days prior to initial date of road user charge collection and openly post at toll plazas when road user charge collection is commenced following information: initial date of road user charge collection, location of toll plazas, collection technology, collection method, whom do road user charges apply to, whom do road user charges not apply to or apply to at a reduced prices. In case of any changes to the toll amount, collection technology, collection method or whom do road user charges apply to, toll collectors must publicly inform and post in the same manner as when toll collection is bound to occur 30 days prior. Form of public notification includes uploading on local and central mass media and submitting to Vietnam Automobile Transportation Association.

During toll collection period, toll collectors must publicize following information on variable message signs installed in the vicinity of toll plaza operation centers: project name, project value (in case of projects that have not been settled, publicize total investment), total period of road user charge collection, initial date of collection, remaining period of collection, revenue of the previous month of the toll plazas (revenues must be updated no later than the 10^th of the following month), and phone number for feedback.

4. Managing employment and adopting policies for workers working in toll plazas as per the law.

5. Closely managing prints and revenues; producing statistical reports, accounting reports, bookkeeping, settling revenues, declaring and submitting taxes as per the law.

6. Periodically backing up toll collection data to serve supervision and post-inspection. Data of collection management system include: files regarding throughput and revenues, images of vehicles passing through toll plazas and video records of continuous lane supervision must be backed up in form of files and stored for at least 5 years. Video recordings of cabin supervision and overall supervision must be backed up in form of files and stored for at least 1 year.

7. Managing assets assigned for management, assets transferred from the government, assets of toll plazas formed during investment period according to applicable laws and contracts signed with competent authorities.

8. Equipping necessary assets and facilities serving toll collection; upgrading and modernizing toll plazas, implementing non-stop electronic toll collection according to decisions of competent authorities.

9. Complying with installation of equipment and software for management and supervision of toll collection data and connecting online, stably and continuously with management and supervision systems of competent authorities.

When competent authorities request upgrade of toll collection technology or upgrading to non-stop electronic toll collection method, toll collectors must fully comply.

10. In case equipment serving toll collection is malfunctioning or broken, toll collectors must inform competent authorities or entities assigned by competent authorities to manage toll collection operations in writing and rapidly rectify errors of the system. The errors must be rectified within 48 hours from the point in which the system is malfunctioning or broken. During rectification period, toll collectors must develop measures to ensure quick and safe toll collection while preventing traffic congestion and adopt supervisory solutions for preventing loss of revenues.

11. Ensuring environmental hygiene where toll plazas are located; ensuring compliance with traffic schemes approved by competent authorities on roads where toll plazas are located.

12. Submitting fees for using government assets or hiring rights to utilize road infrastructure (if any) as per the law.

13. Transferring assets of toll plazas to competent authorities or entities assigned by competent authorities in case of contract termination. Transferred assets must be fully operational according to the contracts.

14. Complying with decisions on collection suspension, collection cancellation and reduced collection period of competent authorities or entities assigned by competent authorities to manage toll collection.

15. Prevent following acts from occurring:

a) Committing violations with road user charges or collaborating in committing violations in collecting road user charges;

b) Interfering toll collection system, collection management and supervision system, vehicle load control system, committing vices in supervising vehicle load or producing falsified revenue to commit violations related to toll revenues;

c) Selling and inspecting tickets in a untimely manner, harassing the payers; failing to sell adequately or limiting sale period of monthly tickets and quarterly tickets as per the law; obstructing and causing congestion in the toll plazas; collecting road user charges inappropriately;

d) Receiving cash of vehicle operators without handing adequate tickets; allowing vehicles subject to toll to pass without tickets;

dd) Failing to maintain assets of toll plazas, deliberately dismantling, liquidating or selling assets of toll plazas; failing to perform calibration and inspection for equipment that require calibration and inspection as per the law.

16. Fully providing information, data, figures and data according to request of competent agencies regarding issues related to supervision, inspection, investigation and dealing with difficulties relating to traffic security and safety during utilization period.

17. In case toll collectors enter into contracts with toll collection service providers, the service providers are responsible for fully complying with this Circular and other relevant legislative documents.

Article 6. Uniform and badge of workers in toll plazas

Workers working in toll plazas must don uniform during tasks. Uniform of workers in toll plazas shall be decided by toll collectors and must have badges and symbols of toll collectors, name and title tags positioned in visible spots.

Article 7. Working hours of toll plazas

1. Toll plazas shall operate continuously throughout the year, including in national holidays (except for cases in which toll plazas are cancelled or suspended by competent authorities in writing).

2. When a toll plaza must cease its operation due to force majeure, toll collector must develop measures to prevent traffic congestion in the area and submit reports to competent authority for remedial measures in order to bring the toll plaza into operation as soon as practicable.

Article 8. Regulations on report

1. Toll collectors are responsible for producing periodic or irregular reports at request of competent authorities or entities assigned by competent authorities to manage toll collection. Reporting period and deadline for report submission are elaborated as follows:

a) Report on revenue of road usage and amount of traffic passing through the toll plazas: monthly reports must be submitted before the 10^th of the following month; reports on the first 6 months of the year must be submitted before July 10 of each year; annual reports must be submitted before February 28 of the following month. The reports shall follow Forms 1 to 7 under Annex 1 attached to this Circular;

b) Report on asset management and use: reports on the first 6 months of the year must be submitted before July 10 of each year; annual reports must be submitted before January 10 of the following year. The report shall follow Form 8 under Annex 1 attached to this Circular.

2. Toll collectors shall be responsible for authenticity of reported figures. Annual reports on revenue of road usage must be audited by independent auditors or confirmed by tax authorities.

Article 9. Collection suspension, collection cancellation and reduced collection period

1. Cases of collection suspension:

a) Enterprises or investors violating maintenance quality of road infrastructure warned by competent authorities in writing twice with deadline for rectification. Details on the violations are specified under Annex 2 attached to this Circular. Suspension period shall start from the date specified in the documents until the enterprises or investors fully rectify and shall be no less than 1 day;

b) Enterprises, investors or toll collectors allowing cases of potentially unsafe traffic, severe traffic congestion along the routes and failing to rectify in a timely manner after being requested for rectification twice by competent authorities in writing together with deadline for rectification. Suspension period shall start from the date specified in the documents until the enterprises or investors fully rectify and shall be no less than 1 day;

c) Toll collectors committing violations specified under Point a or Point b Clause 15 Article 5 of this Circular. Suspension period shall start from the date specified in the documents until the enterprises or investors fully rectify the violations and are permitted by competent authorities to collect tolls;

d) Toll collectors committing violations under Clause 8 or Clause 9 Article 5 of this Circular requested for rectification twice in writing by competent authorities together with deadline for rectification. Suspension period shall start from the date specified in the documents until enterprises or investors fully satisfy details under Clause 8 and Clause 9 Article 5 of this Circular;

dd) In case system or equipment serving toll collection is malfunctioning or broken and cannot be remediated promptly as specified under Clause 10 Article 5 of this Circular, suspension period shall start from the date specified in the documents requesting suspension until enterprises or investors fully rectify the incidents and permitted by competent authorities in writing to collect tolls;

e) At request of competent authorities in case of natural disasters, conflicts or for national security and defense purposes or according to policies of the government.

2. Cases of reduced collection period:

a) Investors of BOT projects failing to submit final accounts on capital for construction of BOT structures in a timely manner as per the law. Collection period shall be reduced by 1 day in case final accounts are submitted from 10 to 15 days late; collection period shall be reduced by 2 days in case final accounts are submitted from 16 to 30 days late; collection period shall be reduced by 1 day for every 5 days from the 31st day onwards;

b) Toll collectors failing to adequately back up data as specified under Clause 6 Article 5 of this Circular. Collection period shall be reduced by 2 days in case data is not backed up for 10 to 15 days; collection period shall be reduced by 4 days in case data is not backed up for 16 to 30 days; collection period shall be reduced by 2 days for every 5 days from the 31st day onwards;

c) Toll collectors failing to submit reports as specified under Article 8 of this Circular, failing to submit fees for using government assets or failing to submitting road infrastructure rental according to applicable regulations and law after being warned by competent authorities twice with each warning issued no less than 5 days apart. Collection period shall be reduced by 1 day in case reports are submitted from 10 to 30 days late; collection period shall be reduced by 2 days in case reports are submitted from 31 to 60 days late; collection period shall be reduced by 1 day for every 5 days from the 61st day onwards.

3. In case payback period of a project expires (including the period in which profit is generated in case of projects that require profit generation period), the toll collector must cancel toll collection or comply with decision on collection cancellation of competent authority (or entity assigned by competent authority to manage revenue of road usage).

4. Competent agencies capable of deciding on collection suspension or reduced collection period:

a) Vietnam Road Administration shall decide on collection suspension or reduced collection period in case of toll plazas on national highways and expressways under central government management;

b) People’s Committees of provinces and central-affiliated cities shall decide on collection suspension and reduced collection period in case of toll plazas on roads, national highways and expressways under their management.

5. The suspension period specified under Point a , Point b, Point c, Point d and Point dd Clause 1 of this Article must not be taken into account to prolong collection period agreed upon by competent authorities and investors.

6. Revenue of each suspended day shall equal average daily revenue of the immediate following month after the suspension period ends. In case of toll collectors committing violations specified under Point a or Point b Clause 15 Article 5 of this Circular, in addition to being suspended as specified under Point c Clause 1 of this Article, revenue of each suspended day shall equal the highest daily revenue of the immediate following month multiplied by 3.

Average daily revenue in a month refers to average daily revenue generated from total single tickets, monthly tickets and quarterly tickets recorded in that month.

7. During suspension period, toll collectors are responsible for guaranteeing safe and coherent traffic, preventing obstruction and congestions, and informing on local and central mass media and at toll plazas.

8. Cases of reduced collection period shall be taken into account at the end of the payback period of the projects when settling project contracts.

Article 10. Inspection, supervision and taking actions against violations

1. Toll collectors must regularly examine and supervise operation of toll collectors to ensure legal operation.

2. competent authorities are responsible for examining, supervising and taking actions against violations in operation of toll plazas according to regulations and law and contracts. Publicize examination results and response to feedback of organizations and individuals regarding operation of toll plazas on their websites.

Article 11. State management regarding operation of toll plazas

1. Vietnam Road Administration shall perform state management function regarding operation of toll plazas on national highways and expressways under central government management.

2. People’s Committees of provinces and central-affiliated cities shall perform state management function for toll plazas on roads, national highways and expressways under their management.

3. Vietnam Road Administration and local competent authorities are responsible for organizing implementation and inspecting operation of toll plazas on road systems according to regulations and law and this Circular.

Chapter III

IMPLEMENTATION

Article 12. Transition clauses

1. Regarding contracts that are being negotiated and have not been signed, competent authorities shall rely on this Circular to revise and update relevant clauses in the contracts;

2. In case of toll plazas whose location has been determined, contracts and contract annexes have been signed in form of public-private partnerships before the effective date hereof, comply with the signed contracts and contract annexes.

Article 13.Organization and entry into force

1. This Circular comes into force from September 15, 2020.

2. This Circular replaces Circular No. 49/2016/TT-BGTVT dated December 30, 2016 of Minister of Transport on construction, organization and operation of toll plazas.

3. The Chief of the Ministry Office, the ministerial Chief Inspectors, directors, Director General of Vietnam Road Administration, heads of agencies, relevant organizations and individuals are responsible for the implementation of this Circular./.