Decision No. 19/2020/QD-TTg regulations on non-stop electronic toll collection

DECISION

On non-stop electronic toll collection^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the June 20, 2012 Law on Prices;

At the proposal of the Minister of Transport;

The Prime Minister promulgates the Decision on non-stop electronic toll collection.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decision provides the non-stop electronic toll collection for road vehicles subject to collection of road tolls nationwide.

Article 2.Subject of application

This Decision applies to organizations and individuals involved in collection of road tolls.

Article 3.Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Road vehicles are road motor vehicles and special-use vehicles subject to collection of road tolls.

2. Vehicle owners are owners of road vehicles or other persons who are granted by vehicle owners the right to possession or use of road vehicles subject to collection of road tolls.

3. E-tag is an electronic device installed in road vehicles to communicate information with non-stop electronic toll collection systems according to standards on passive radio frequency identification for wireless communication and to store information relating to technical safety and environmental protection inspection of road vehicles.

4. Non-stop electronic toll collection (ETC) is an automatic toll collection method which does not require road vehicles to stop to pay road tolls when passing toll plazas. Road rolls shall be automatically calculated by ETC systems.

5. Identification code is a code granted by a road toll collection service provider to a road vehicle upon installation of an e-tag in the vehicle.

6. Competent state agency mentioned in this Decision is understood as the Ministry of Transport, for projects on investment in road transport infrastructure with toll collection which are managed by the Ministry of Transport and projects of the Vietnam Expressway Corporation; or a provincial-level People’s Committee, for projects on investment in road transport infrastructure with toll collection which are managed by a locality.

7. Road toll collection service provider (below referred to as toll collection service provider) is a unit selected by the competent state agency to invest in, build, renovate, manage, operate and maintain ETC systems serving the provision of road toll collection services.

8. Road toll collection accounts (below referred to as toll accounts) are accounts opened by vehicle owners at toll collection service providers for payment of tolls by ETC method.

9. Investors are organizations and individuals that invest in road transport infrastructure construction and renovation projects will toll collection.

Article 4.Principles of ETC

1. To increase effectiveness and transparency of, and modernize, road toll collection activities.

2. To guarantee investors’ right to collect road tolls under project contracts signed with the competent state agency.

3. To meet requirements on linkage among ETC systems; and between manual toll collection (MTC) systems and ETC systems at each toll plaza and within the whole toll collection system; each vehicle will be installed with only one e-tag for use at all toll plazas nationwide; after applying ETC, the management and operation of, and toll collection at, a toll plaza (including also mixed-use lanes) shall be conducted by only one unit.

4. To ensure safety and confidentiality of users’ personal information, except cases of provision of information at the request of the competent state agency in accordance with law.

5. To ensure integration and provision of information in a sufficient and timely manner to meet state management requirements in accordance with law.

6. To increase the speed of vehicles moving through toll plazas, reduce environmental pollution, save social costs, restrict the use of cash, and create convenience for users.

Chapter II

ELECTRONIC TOLL COLLECTION

Article 5.Implementation of ETC

1. Schedule of implementation of ETC

a/ Toll plazas at which ETC systems have been installed shall immediately implement ETC.

b/ Toll plazas which are operating without ETC systems shall shift to implement ETC according to this Decision no later than December 31, 2020.

c/ For toll plazas managed by the Vietnam Expressway Corporation, the schedule of implementation of ETC shall be considered and decided by the Ministry of Transport and the Committee for Management of State Capital at Enterprises in conformity with conditions on capital sources of the projects.

2. Toll plazas under new construction investment projects may collect road tolls only after implementing ETC according to this Decision.

3. Based on specific conditions of each toll plaza, the competent state agency shall consider and decide on:

a/ The maintenance of 1 mixed-use lane (lane for both ETC and MTC) on each direction of traffic flow.

b/ The time of shifting the mixed-use lanes stated at Point a of this Clause to ETC lanes and implementation of ETC at all lanes of all toll plazas.

c/ The suspension of toll collection and suspension duration, for toll plazas not yet implementing ETC prescribed at Points a and b, Clause 1 of this Article, and in Clause 3, Article 7, of this Decision due to investors’ fault.

d/ The implementation of ETC for toll plazas with the remaining payback period shorter than 3 years, ensuring efficiency, publicity and transparency.

Article 6.ETC systems

1. An ETC system is composed of the following components:

a/ A central administration system.

b/ A supervision, maintenance and customer care center.

c/ An e-tag service center.

d/ A data center.

dd/ A data transmission system.

e/ Equipment installed at toll plazas.

g/ E-tags installed in road vehicles.

h/ Systems, equipment and other items to facilitate the operation of ETC systems, ensuring linkage with other ETC systems and MTC systems at each toll plaza and within the whole toll collection system.

2. ETC systems shall be designed, installed and built in a synchronous manner nationwide, ensuring uninterrupted, quick, accurate, effective and safe operation.

Article 7.Design, investment, construction, renovation, management, operation and maintenance of ETC plazas

1. The design, investment, construction, renovation, management, operation and maintenance of ETC systems must comply with relevant national standards, technical regulations and laws.

2. The formulation, appraisal and approval of ETC projects or projects involving ETC items; and the formulation, appraisal and approval of design dossiers and cost estimates after basic designs are made must comply with current laws.

3. The design, investment, construction, renovation, management, operation and maintenance of ETC systems shall be conducted by toll collection service providers. In case investors themselves wish to design and invest in the construction, renovation, management, operation and maintenance of ETC systems at toll plazas and link these systems with data centers built by toll collection service providers, they shall obtain approval from the competent state agency, ensuring synchronous linkage with currently operating ETC systems of toll collection service providers.

Article 8.Management and maintenance of toll plazas

1. Toll collection service providers shall operate and maintain work items and equipment serving toll collection under their management. Expenses for management, operation and maintenance shall be included in financial plans of ETC projects.

2. Investors shall operate and maintain work items of toll plazas, except those prescribed in Clause 1 of this Article. Expenses for management, operation and maintenance shall be included in financial plans of investment projects on construction of road infrastructure with toll collection.

3. In case any trouble arises, the competent state agency shall assume the prime responsibility for defining and assigning the responsibilities for handover, receipt, management, operation and maintenance of work items and equipment of toll plazas.

Article 9.E-tags installed in road vehicles

1. E-tags shall be installed in all road vehicles subject to road tolls and vehicles exempt from road tolls (ambulances, firefighting vehicles, special-use vehicles for public security purposes and vehicles using “nationwide toll” tickets).

2. The installation of e-tags shall be conducted at motor vehicle registration and inspection units or agents authorized by toll collection service providers. The Ministry of Public Security or the Ministry of National Defense shall coordinate with the Ministry of Transport and toll collection service providers in installing e-tags in road vehicles of the national defense or public security sector.

3. Vehicle owners are not required to pay expenses for the first-time installation of e-tags before December 31, 2021. From December 31, 2021, onward, vehicle owners shall pay expenses for installation of e-tags to toll collection service providers.

Article 10.Opening of toll accounts

1. Toll collection service providers shall open toll accounts on ETC systems for vehicle owners upon the first-time installation of e-tags.

2. One toll account may be used to pay tolls for more than one vehicle; payments for one vehicle may be made from only one toll account.

3. Information on toll accounts shall be stored on databases of ETC systems, covering the following information for each account:

a/ Contact information of the vehicle owner: people’s identity card number or citizen identity card number or passport number; enterprise identification number, address of residence or address of head office; telephone number and email for receiving ETC receipts.

b/ Identification code(s) of the vehicle(s) for which payments are made from the toll account.

c/ Tonnage, seating, type, and registration number of each vehicle.

d/ Account balance and history.

4. Within 10 days after occurrence of a change of the information prescribed at Point a or c, Clause 3 of this Article, the vehicle owner shall notify such change to toll collection service providers for the latter to update information on ETC systems.

5. Within 5 days after receiving a notice of change of the information prescribed at Point c, Clause 3 of this Article, motor vehicle registration and inspection units shall update the change on vehicle registration and inspection information systems and toll collection service providers shall update the change on ETC systems.

Article 11.Use of toll accounts

1. Vehicle owners shall deposit money into toll accounts (direct payment, bank account linkage or by other modes) for use of ETC services according to regulations.

2. In case road vehicles have been installed with e-tags but the toll account balance is not enough for toll payment when the vehicles move through ETC lanes, such vehicles must use mixed-use lanes.

3. Toll collection service providers shall open accounts at commercial banks to receive road tolls from vehicle owners when passing ETC plazas.

4. Toll collection service providers shall manage the whole amounts deposited into their toll accounts by vehicle owners in accordance with law.

Article 12.Handling of cases of exemption from tolls or subject to toll collection on a monthly, quarterly or yearly basis and arising circumstances

1. When moving through ETC lanes, road vehicles which are exempt from road tolls in accordance with law and have been installed with e-tags shall be automatically identified and allowed to pass toll plazas. Other toll-exempt vehicles must use mixed-use lanes to pass toll plazas.

2. Toll collection on a monthly, quarterly or yearly basis

a/ In case a vehicle owner wishes to pay road tolls on monthly, quarterly or yearly basis for one or more than one specific ETC plaza, toll collection service providers shall deduct money from the vehicle owner’s toll account at the time of registration for toll payment on a monthly, quarterly or yearly basis.

b/ When a vehicle for which toll payment on a monthly, quarterly or yearly basis has been registered passes the registered toll plaza(s), toll collection service providers shall not deduct money from the vehicle owner’s toll account. In addition to toll payment on a monthly, quarterly or yearly basis to the registered toll plaza(s), the vehicle owner shall maintain a sufficient balance on its/his/her toll account to pay tolls at other ETC plazas when necessary.

Article 13.ETC service charges

1. ETC service charges under investment projects on road construction with toll collection constitute a revenue source of toll collection service providers, which shall be used to recover capital invested in the construction, renovation, management, operation and maintenance of ETC projects. These charge amounts shall be deducted directly from the proceeds from toll collection of investment projects on road construction with toll collection. In case an ETC project’s turnover is insufficient to recover investment capital as compared to the approved financial plan, the competent state agency shall consider and decide to further collect tolls at toll plazas to recover investment capital for the project.

2. The competent state agency shall determine ETC service charges when approving feasibility reports of ETC projects in conformity with plans on investment in construction, renovation, management, operation and maintenance of each toll plaza. These charges shall be officially determined under the contracts between the competent state agency and toll collection service providers and updated in financial plans of investment projects on road construction with toll collection.

Article 14.Road toll beneficiaries

1. After subtracting ETC service charges, the whole proceeds from toll collection at each ETC plaza shall be returned by toll collection service providers to investors so as to ensure recovery of investment capital as stated in project contracts. The time and mode of money transfer shall be agreed by investors and toll collection service providers but the interval between two transfers must not exceed 24 hours, except special cases agreed in toll collection service contracts.

2. Investors and toll collection service providers shall make tax declaration and payment and conduct accounting in accordance with law.

3. Toll collection service providers shall refund investors amounts lost due to the former’s faults.

Article 15.Expenses for organization, management and supervision of toll collection

1. Expenses for organization, management and supervision of toll collection are the whole expenses for investors to carry out organization, management and supervision of toll collection (both ETC and MTC).

2. Expenses for organization, management and supervision of toll collection shall be negotiated between the competent state agency and investors on the principle of accurately calculating all arising expenses in accordance with law.

Article 16.ETC receipts

1. ETC receipts shall be issued as e-receipts. ETC receipts must bear digital signatures of issuers in accordance with law.

2. Paper receipts may not be used for ETC. When necessary, e-receipts may be printed out to serve examination and comparison by state agencies.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 17.Responsibilities of the Ministry of Transport

1. To organize, examine and supervise ETC activities, ensuring accuracy, objectivity and transparency.

2. To control the operation of ETC systems in accordance with law.

3. To guide the organization of traffic (organizing traffic divergence, placing signboards, signboards on speed and distance of vehicles when moving through ETC lanes, road marking paint, etc.) for uniform application to all toll plazas.

4. To review feasibility study reports and contracts of ETC projects (both the contents and forms of projects) and, on that basis, to decide to adjust them in conformity with this Decision.

5. To urge and direct investors and toll collection service providers to sign service contracts to ensure the implementation schedule of projects.

6. To direct the Vietnam Register to share data on road vehicles with toll collection service providers to ensure synchronicity in terms of vehicle data.

7. To coordinate with the Ministry of Public Security and functional forces to ensure public security and social order and safety in toll collection to recover investment capital for projects on road construction with toll collection.

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

1. To direct functional agencies under the Ministry of Public Security and the Ministry of National Defense to coordinate with the Ministry of Transport and toll collection service providers in installation of e-tags in road motor vehicles of the public security or national defense sector.

2. The Ministry of Public Security shall coordinate with the Ministry of Transport and provincial-level People’s Committees in organizing traffic divergence and guiding vehicles moving through toll plazas; and sanction violating vehicles in accordance with law.

Article 19.Responsibilities of the Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding toll collection service providers to use e-invoices in ETC activities in accordance with the law on invoices.

2. To guide investors and toll collection service providers to perform tax obligations with regard to toll collection activities.

Article 20.Responsibilities of the Ministry of Information and Communications

1. To guide the use of radio frequencies for ETC systems; to protect frequencies of ETC equipment and cope with arising circumstances which cause danger to information security.

2. To guide and support toll collection service providers in ensuring information security for ETC systems in accordance with law.

3. To examine and supervise toll collection service providers’ compliance with the law on information technology concerning ETC activities.

4. To direct news and press agencies to accelerate dissemination of benefits brought about by, as well as the law and directions of the Prime Minister on, ETC.

Article 21.Responsibilities of the State Bank of Vietnam

1. To coordinate with and guide toll collection service providers to comply with legal provisions in the banking sector concerning payment for ETC services.

2. To coordinate and guide matters concerning account linkage and handling of interest amounts arising on accounts concerning ETC activities in accordance with law.

Article 22.Responsibilities of owners of vehicles

1. To have e-tags installed for their vehicles when taking their vehicles for inspection or before their vehicle inspection period expires or when their vehicles pass a toll plaza for the first time or as soon as the installed e-tags are lost or damaged. To make payment for installation of e-tags to toll collection service providers according to Clause 3, Article 9 of this Decision.

2. Not to destroy, forge, or modify the contents of, e-tags or move e-tags from one vehicle to another.

3. To provide information serving the opening of toll accounts, and declare and modify account information upon occurrence of change thereto; to provide essential information for toll collection service providers to refund road tolls to toll accounts when necessary.

4. To pay road tolls according to regulations.

5. To abide by traffic guidance when passing toll plazas.

6. To notify their use of “nationwide toll” tickets to toll collection service providers for updating to the whole ETC system.

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

To determine the sources of capital for building ETC systems at expressway projects managed by the Vietnam Expressway Corporation.

Article 24.Responsibilities of the competent state agency(ies)

1. To synchronously implement ETC, ensuring smooth linkage and implementation schedule.

2. For the Ministry of Transport: To organize the selection of toll collection service providers so as to implement ETC in a unified and efficient manner.

3. For provincial-level People’s Committees: If it is infeasible to implement separate ETC systems, to assign a toll collection service provider selected by the Ministry of Transport to implement ETC for toll plazas under their management, ensuring efficiency, compliance with the set schedule and linkage within the whole ETC system.

4. To assume the prime responsibility for, and coordinate with investors in, adjusting project contracts so as to implement ETC.

5. To handle, or propose the handling of, arising circumstances according to their competence.

6. To decide whether to permit investors to design and invest in the construction, renovation, management, operation and maintenance of ETC systems at toll plazas, ensuring safe and efficient operation, uniformity and linkage according to regulations.

7. To decide and agree on the expenses prescribed in Articles 13 and 15 of this Decision.

8. Provincial-level People’s Committees shall coordinate with the Ministry of Public Security and the Ministry of Transport in ensuring public security and social order and safety in toll collection for recovery of investment capital for projects on road construction with toll collection in their localities.

Article 25.Responsibilities of investors of projects on construction of road transport infrastructure with toll collection

1. To coordinate with toll collection service providers in investing in, building, renovating, managing, operating and maintaining ETC systems at toll plazas according to regulations.

2. To coordinate with the competent state agency in modifying project contracts so as to ensure compliance with the set schedule for implementation of ETC.

3. To sign toll collection service contracts with toll collection service providers for implementation of ETC.

4. To authorize toll collection service providers to issue ETC receipts to owners of vehicles participating in road traffic.

5. To supervise toll collection activities (including ETC and MTC) for projects of which the management and operation are conducted by investors themselves.

6. To invest in, build, renovate, manage, operate and maintain ETC systems at toll plazas under Article 7 of this Decision.

Article 26.Responsibilities of toll collection service providers

1. To invest in, build, renovate, manage, operate and maintain ETC systems under Article 7 of this Decision; to fully and properly collect road tolls in accordance with law; to ensure uninterrupted operation of ETC systems and absolute safety for the systems’ information; to refrain from intervening and falsifying toll collection information and data; to keep confidential personal information of vehicle owners in accordance with law.

2. To guide the use of and provide warranty for e-tags; to open and manage toll accounts and beneficiary accounts in accordance with law; to store information on accounts of vehicle owners; to provide information on account balance and history at the request of account holders.

3. To reach agreement with investors on signing of toll collection service contracts; to take over ETC in a promptly manner as scheduled; to issue ETC receipts to owners of vehicles participating in traffic under investors’ authorization.

4. To notify toll collection results to investors and the competent state agency for the latter to inspect and supervise ETC activities.

5. To notify violations committed by vehicle owners to the competent state agency for handling in accordance with law.

6. To report to the competent state agency on ETC on a monthly, quarterly or yearly basis or upon occurrence of incidents.

7. To expand e-tag distribution systems and channels so as to facilitate the installation of e-tags in road vehicles.

8. To carry out data connection and sharing from ETC systems to the Ministry of Transport and related state agencies so as to meet state management requirements.

9. Not to partially or wholly transfer ETC systems to foreign investors.

10. To ensure linkage and accurate data reconciliation with ETC systems of other toll collection service providers.

11. In the course of operating ETC systems, toll collection service providers may, after obtaining approval from the competent state agency, propose provision of new services on the condition of ensuring social interests and project efficiency.

12. To complete the construction and installation of toll plazas within 6 months from the date of signing service contracts and taking over construction sites.

Article 27.Transitional handling

1. Activities which have commenced before the effective date of this Decision shall be further implemented under the Prime Minister’s Decision No. 07/2017/QD-TTg of March 27, 2017.

2. Related agencies and units shall adjust feasibility study reports, project contracts and other contents so as to ensure compliance with this Decision.

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

Article 28.Effect

This Decision takes effect on August 1, 2020, and replaces the Prime Minister’s Decision No. 07/2017/QD-TTg of March 27, 2017, on non-stop electronic toll collection.

Article 29.Implementation responsibility

Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG