Decree 25/2023/ND-CP amend Decree 32/2014/ND-CP on management, operation and maintenance of expressway facilities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 32/2014/ND-CP dated April 22, 2014, on the management, operation and maintenance of expressway facilities

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Construction Law dated June 18, 2014, and the Law Amending a Number of Articles of the Construction Law dated June 28, 2020;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 32/2014/ND-CP dated April 22, 2014, on the management, operation and maintenance of expressway facilities.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 32/2014/ND-CP dated April 22, 2014, on the management, operation and maintenance of expressway facilities

1. To amend and supplement a number of clauses of Article 3 as follows:

a) To amend and supplement Clause 2 Article 3 as follows:

“2. Expressway facilities include Expressways; water drainage systems; road sign works; traffic management and operation centers; roadside stations; toll booths; vehicle weighing systems; maintenance stations; lighting works; trees; works serving the fire prevention and fighting; information systems serving management and communication; other support facilities and equipment serving management, operation, use and maintenance of expressways.”.

b) To amend and supplement Clauses 6 and 7 Article 3 as follows:

“6. Expressway administration agency means the organization advising the Ministry of Transport in performing the state management function in terms of expressways; specialized agencies of People’s Committees of provinces and centrally-run cities.

7. Unit assigned to organize operation and maintenance of expressway facilities (below referred to as operation and maintenance unit) means the entity that manages, operates, uses and maintains expressway facilities regularly under a hiring contract or assignment by the person managing and using expressways.”.

c) To amend and supplement Clause 10 Article 3 as follows:

“10. Salvage means an act of assisting persons, vehicles and goods involved in accidents or incidents when joining traffic on expressways.”.

d) To add Clauses 12 and 13 Article 3 as follows:

“12. Expressway administration and operation enterprises mean project enterprises established under the Law on Investment in the Form of Public-Private Partnership to participate in conclusion and performance of the contracts on construction, operation and maintenance of expressway facilities in the form of public-private partnership; enterprises hiring or receiving the transfer of the right to operate expressway infrastructure assets for a definite term in accordance with the law on management, use and operation of road transportation infrastructure assets; enterprises assigned to invest in construction, management and operation of expressways by the State.

13. Persons managing and using expressways mean organizations and agencies assigned to manage, operate and use public expressway infrastructure assets by the State; expressway administration and operation enterprises.”.

2. To amend and supplement Clause 1 Article 5 as follows:

“1. Managing, operating and using expressway facilities:

a) Organizing expressway traffic;

b) Managing, administering, supervising expressway traffic;

c) Communicating expressway information;

d) Patrolling and inspecting expressways;

dd) Opening to traffic and temporary closing of expressways;

c) Collecting expressway toll charges.”.

3. To amend and supplement a number of points and clauses of Article 6 as follows:

a) To amend and supplement Point b Clause 2 Article 6 as follows:

“b) Negotiate the plans on organization of traffic with the provincial-level People’s Committees, if the expressways or other ways invested by the localities are connected to the expressways under the management of the Ministry of Transport;”.

b) To amend and supplement Clauses 3 and 4; add Clauses 5 and 6 to Article 6 as follows:

“3. The provincial-level People’s Committees shall:

a) Approve or modify plans on organization of traffic on expressways under their respective management;

b) Negotiate the plans on organization of traffic with the Ministry of Transport or other provincial-level People’s Committees, if the expressways or other ways invested by such agencies are connected to the expressways under the management of their localities;

c) Provincial-level People’s Committees that are assigned to invest in building expressways in their respective localities and other localities must reach an agreement with the provincial-level People’s Committees of localities where the expressway is located before approving the plans on organization of traffic.

4. The time limit for negotiating the traffic organization plan specified at Point b Clause 2 and Point b Clause 3 Article 6 must not exceed 10 days from the date of receiving complete dossiers and documents.

5. Expressway project owners shall organize and formulate plans on organization of traffic on expressways, and submit them to agencies specified at Point a Clause 2, Point a Clause 3 of this Article for consideration and approval before putting expressways into operation.

In case of necessity to modify such plans during the operation period, the persons managing and using expressways shall formulate modified traffic organization plans, and submit them to competent agencies specified at Point a Clause 2 and Point a Clause 3 of this Article for consideration and approval.

Expenses for formulation of traffic organization plans shall be included in expressway design consultancy expenses; expenses for survey and formulation of modified traffic organization plans during the operation period of expressways shall be included in the expenses for expressway maintenance.

6. In case the expressway undergoes investment divergence, the operating speed, lane arrangement, transition section, turning position, use of emergency stop lane and other contents of the traffic organization plan must be suitable to the scale of construction in each stage.”.

4. To amend and supplement Article 7 as follows:

“Article 7. National traffic management and operation center

1. National traffic management and operation center is invested and built by the Ministry of Transport, including working houses and civil works serving the management, operation and installation of technological equipment, screens displaying traffic images and other necessary technical infrastructure works; technology equipment systems to collect, store, synthesize, analyze, process data, display traffic information, serve the management and operation of traffic on routes nationwide. National traffic management and operation centers shall be connected and share information and data with route traffic management and operation centers, centers for monitoring and handling of violations relating to traffic safety and order of traffic police.

2. The Ministry of Transport shall assign affiliated express administration agencies to perform the following tasks:

a) Organizing the management, operation of the National traffic management and operation center; collecting and storing information, data and providing information under Article 9 of this Decree; managing and using information and data in a proper manner according to regulations; maintaining the Center's constructions works and equipment in accordance with the law on construction and relevant laws;

b) Coordinating with traffic police and route traffic management and operation centers in organizing traffic and ensuring traffic order and safety;

c) Guiding and inspecting the connection of route traffic management and operation centers and the National traffic management and operation center.

3. Expenses for managing, operating and maintaining the National traffic management and operation center shall be allocated from the State budget.”.

5. To amend and supplement Article 8 as follows:

“Article 8. Route traffic management and operation centers

1. Route traffic management and operation centers include places to temporarily keep vehicles, working places of the traffic police to serve the work of ensuring traffic order and safety on the expressway; working houses, centers for monitoring and handling violations relating traffic order and safety; civil works serving the management, operation and installation of technological equipment, traffic image display screens and other necessary technical infrastructure works; system of technological equipment to collect, store, analyze, process data, display information on traffic situation on the route, serve to organize, manage and operate traffic on the route. Such centers shall be connected, and share information with the National traffic management and operation center, and centers for monitoring and handling violations relating to traffic order and safety of the traffic police.

Route traffic management and operation centers shall be built in order to serve the management and operation of one or several connected expressway(s). In the course of investment and construction of an expressway, the authority competent to decide on investment shall determine the investment and construction location and scale of the route traffic management and operation center to meet the requirements for safe operation and efficient exploitation of expressways in accordance with the Law on Management and Use of Public Property.

2. Route traffic management and operation centers shall be implemented:

a) In the expressway investment projects;

b) During the operation and operation of expressways;

c) The roadmap for construction of route traffic management and operation centers shall be decided by the Prime Minister.

3. Organization of management and operation of route traffic management and operation centers:

a) Expressway administration agencies shall: Organize the management, operation and use of route traffic management and operation centers which are state property; collect, preserve, store, provide, manage and use information and data; maintain construction works and equipment of centers in accordance with the law on construction and relevant laws; coordinate with the traffic police in providing, receiving and processing information as prescribed in Article 9 of this Decree in order to organize traffic and ensure traffic order and safety;

b) Expressway administration and operation enterprises shall organize the management, operation, use and maintenance of the route traffic management and operation centers in accordance with the law on road traffic, construction and regulations of the project contracts in the form of public-private partnership; collect and store information and data and provide information as prescribed in Article 9 of this Decree, manage and use information and data in accordance with regulations; coordinate with the traffic police in providing, receiving and processing information under Article 9 of this Decree in order to organize traffic and ensure traffic order and safety.

4. Expenses for managing, operating and maintaining route traffic management and operation centers shall be included in the expenses for managing and maintaining works.”.

6. To amend and supplement Article 9 as follows:

“Article 9. Expressway information

1. Fixed expressway information includes information shown on road sign works specified in Clause 1 Article 10 and Clause 1 Article 45 of the Law on Road Traffic (except for information of traffic commanders and controllers and information on signal lights, if any).

2. Variable information includes:

a) Information on adjustment of traffic organization in a certain period of time in service of repair and maintenance of works; ensure traffic order and safety;

b) Information on the traffic situation on the expressway; information on the location and time of accidents, traffic jams, work incidents, fire and explosion incidents, repair and maintenance locations;

c) Weather information, natural disaster events affecting traffic;

d) Signals of traffic commanders and controllers, information on traffic lights (if any) and other information.

3. Forms of displaying changed information in service of persons joining traffic

a) Information specified in Clause 2 of this Article may be disclosed on permitted media, including radio, electronic newspaper and information on the Internet.

b) Information specified at Point a Clause 2 of this Article must be displayed on road signboards and temporary signboards.

c) The electronic signboard system of installed roads may display some of the information specified in Clause 2 of this Article.

d) Information provided by the persons managing and using expressways; operation and maintenance units, related organizations and individuals, directly, through telephone, email and information technology network platforms to persons joining traffic and related subjects.

4. Provision, receipt, exploitation and use of information

a) Persons managing and using expressways shall provide information specified in Clause 1, Points a, b and c Clause 2 of this Article to route traffic management and operation centers, traffic police and media specified at Point a Clause 3 of this Article.

b) Traffic police shall provide information about the handling of accidents, traffic command and control, and other information relating to its responsibility to route traffic management and operation centers, expressway administration agencies, expressway management and operation enterprises, and media.

c) Operation and maintenance units shall provide information about the traffic situation, accidents, work damage or incidents, locations undergoing maintenance and other necessary information to route traffic management and operation centers, traffic police, expressway administration agencies, persons managing and using expressways.

d) Route traffic management and operation centers shall provide information specified at Points a, b and c of this Clause to the National traffic management and operation center; receive and provide information transmitted from the National traffic management and operation center to persons managing and using expressways, traffic police, media agencies to serve the traffic management and administration, support persons joining traffic.

dd) The National traffic management and operation center shall connect, receive and provide information to route traffic management and operation centers.

e) The information specified at Points a, b, c, d and dd of this Clause must be provided in an accurate and timely manner, be stored and preserved at traffic management and operation centers.

5. In the period when the construction of the National traffic management and operation center has not yet been invested, the provisions of Points d and dd Clause 4 of this Article shall not be applied.

For expressways of which the route traffic management and operation centers have not yet been built, agencies specified at Points a, b and c Clause 4 of this Article shall provide information to the National traffic management and operation center.”.

7. To amend and supplement Clauses 1 and 3 Article 10 as follows:

“1. Traffic police shall patrol and control traffic on expressways and through traffic surveillance systems to detect and handle violations of road traffic law; coordinate with units assigned to organize operation and maintenance of expressways in detecting and stopping violations of regulations on protection of expressway facilities and safety corridors.

The Ministry of Public Security shall build the system for monitoring and handling violations relating to traffic order and safety on expressways.

3. Persons managing and using expressways shall conduct inspections on expressways under their assigned management to examine, monitor and supervise the performance of inspection duties; handle according to their competence or coordinate in handling infringements upon expressway infrastructure; participate in rescue, salvage and handling of traffic accidents and incidents, fire and explosion incidents and other necessary cases; detect violations of regulations on traffic safety.”.

8. To amend and supplement Article 11 as follows:

“Article 11. Expressway facilities put into operation and temporary closing of expressways

1. Expressways may be put into operation or use only when they satisfy the following requirements:

a) Having been tested and accepted for completion of construction in accordance with the law on construction;

b) Having an approved traffic organization plan;

c) Having operating procedures for the items and equipment specified in Clause 2 of this Article.

2. Items and equipment must have operating procedures

a) Tunnel works on expressways using equipment for ventilation, dust filtration, environmental control, fire prevention and fighting, electrical systems and other equipment in service of exploitation and operation;

b) National traffic management and operation center; route traffic management and operation centers;

c) Equipment installed in expressway facilities, including equipment for vehicle identification, load weighing, traffic control, construction monitoring, fire prevention and fighting equipment, and equipment for rescue;

d) Other necessary cases as decided by the project owners, persons managing and using expressways.

3. Temporary closing of expressways

a) Temporary closing of expressways is the temporary closing of one direction or both directions, a section or the whole route of expressways, except for vehicles on duty of the traffic police, means of rescue, troubleshooting, traffic assurance.

b) Temporary closing of an expressway due to unsafety for operation and use is applied in the following cases: facilities are damaged due to work incidents, as a result of natural disasters, damaged facilities cannot be operated and used safely; fire incidents; a specially serious accident occurs, requiring the temporarily closing the expressway in service of rescue and traffic safety; occurrence of a disaster, epidemic or at a request to serve national defense and security by a competent state agency.

c) The Minister of Transport shall decide on temporary closing of expressways in road systems as specified at Point a Clause 2 Article 37 of the Law on Road Traffic.

d) Chairpersons of provincial-level People’s Committees shall decide on temporary closing of expressways in road systems under their management as specified at Point b Clause 2 Article 37 of the Law on Road Traffic.

dd) Upon detecting the risk of unsafety, the risk of an accident on the expressway affecting the safety of life, neighboring works and the community, the person managing and using the expressway shall promptly stop the operation and use of expressways and take measures to ensure the safety of people, vehicles and other properties; perform works to limit and prevent possible dangers to the facilities; protect the scene; participate in rescue, and solve traffic jams.

After deciding on temporarily closing the expressway, the person managing and using the expressway shall promptly notify the traffic police, expressway administration agency, route traffic management and operation center and local authorities.

4. When temporarily closing an expressway, the following tasks must be fulfilled:

a) The person managing and using the expressway, operation and maintenance unit must urgently take measures to ensure traffic, give traffic directions to limit traffic jams; repair damage, overcome existing problems on the expressway and other routes used to regulate traffic; adjust and supplement road sign works and other works in service of traffic assurance; participate in guiding people and vehicles participating in traffic; coordinate with traffic police and local authorities in organizing traffic on the expressway.

b) Traffic police shall perform the task of traffic command and control.

c) Local authorities shall coordinate in ensuring traffic when it is necessary to regulate vehicles participating in expressway traffic to roads under their management.

d) Rescue work shall comply with the provisions of Article 16 of this Decree; the work of troubleshooting facility incidents, remedying damage to facilities to ensure safety in operation and use shall comply with the law on construction; the work of preventing, fighting and overcoming the consequences of fire and explosion shall comply with the law on fire prevention and fighting.

dd) After completing traffic reorganization, rescue and incident investigation, the person managing and using the expressway shall repair damage, overcome shortcomings to bring the expressway into operation according to its design standards.”

9. To amend and supplement Article 12 as follows:

“Article 12. Collection of expressway toll charges, and operation of expressway facilities

1. For expressways where toll charges are allowed to be collected, the form of non-stop electronic toll collection (ETC) is required.

2. Expressways are the State's public properties, agencies assigned to manage expressways shall manage, operate and use expressway facilities in accordance with the law on management and use of public property and other relevant laws.”.

10. To amend and supplement Clause 2 Article 13 as follows:

“2. Connection of expressways

The connection of an expressway with roads must be considered and implemented in expressway construction and investment stages, and must satisfy one of the following requirements:

a) Location and scale of investment in new construction of an intersection connecting to the law on construction investment or the location expressway must comply with expressway design standards and the law on construction investment or the location has been determined in one of the following plans: Road network master plans, road traffic infrastructure master plans, provincial master plans, regional master plans approved by competent authorities in accordance with the Law on Planning.

b) In case it is necessary to supplement the connection of a route other than the expressway in operation, the connection location must be updated or adjusted in one of the master plans specified at Point a of this Clause The addition of the intersection with the expressway must be approved by the State agency competent to manage the expressway. Funds for additional construction of the connection and other related expenses shall be borne by the project owner of the route to be connected.”.

11. To amend and supplement Clause 3, Clause 6, Point c Clause 7 and add Clause 8 to Article 16 as follows:

a) To amend and supplement Clause 3 Article 16 as follows:

“3. Rescue organization:

a) Drivers or vehicle owners have the right and obligation to organize rescue, including hiring other organizations or individuals to rescue vehicles, goods and road users on their vehicles;

b) Rescue organizations and individuals must be present at the scene as soon as possible after receiving information to rescue people, vehicles and goods in distress off the expressway;

c) The driver of the vehicle participating in traffic causing an accident or the vehicle owner shall be responsible for paying rescue expenses.

d) If the driver or vehicle owner fails to rescue in time, which affects traffic order and safety, or causes traffic jams, the operation and maintenance unit shall have to carry out the rescue to ensure traffic order and safety. Rescue expenses shall be paid by the vehicle driver, if the vehicle driver fails to pay, the vehicle owner shall be responsible for paying. The payment of rescue expenses in this case shall be made before handing over the vehicle to the driver or vehicle owner.

dd) Vehicle drivers participating in traffic, vehicle owners are not required to pay rescue expenses when the cause of the accident is a force majeure event and other cases as prescribed by the Civil Code.”.

b) To amend and supplement Clause 6 Article 16 as follows:

“6. The public security agency shall dispatch its force to the scenes of accidents or incidents in the shortest time after receiving information, and assume the prime responsibility for, and coordinate with other forces in, settling accidents or incidents within the shortest time in order to open the expressway to traffic.”.

c) To amend and supplement Point c Clause 7 Article 16 as follows:

“c) Expenses for rescue and traffic assurance when carrying out rescue and salvage activities shall be included in expenses for management, operation and maintenance of expressways.”.

d) To add Clause 8 to Article 16 as follows:

“8. Implementation of fire prevention and fighting for expressway facilities:

a) Expressway tunnels, traffic management and operation centers and other necessary items must be equipped with fire prevention and fighting systems and equipment in accordance with the law on fire prevention and fighting, and technical regulations and standards on fire prevention and fighting, work operation and exploitation procedures.

b) Persons managing and using expressways shall be responsible for formulating fire prevention and fighting measures; organizing training on fire prevention and fighting, assigning implementation; reviewing the status, repairing, supplementing and replacing fire prevention and fighting systems and equipment, purchasing fire and explosion insurance in accordance with law.

Expenses for performing fire prevention and fighting work shall be included in work construction investment costs and work management, operation and maintenance costs.

c) Operation and maintenance units shall be responsible for participating in the formulation of fire prevention and fighting measures, training in fire prevention and fighting, and performing fire prevention and fighting tasks as assigned; regularly checking fire prevention and fighting systems and equipment in order to promptly repair and replace damaged and unusable items and equipment.”.

12. To add Article 16a as follows:

“Article 16a. Roadside stations, vehicle weigh stations of expressways

1. Roadside stations of expressways shall be built in accordance with technical regulations and standards to serve traffic participants, assist in rescue, repair, fuel and energy supply for vehicles participating in traffic.

2. The location and scale of construction of the roadside station shall be determined when formulating the project, designing the station construction and implemented in the expressway construction investment project or after the expressway has been put into operation. The construction investment, management and operation shall comply with the law on construction, bidding, management, use and exploitation of public property.

3. Expressway’s fixed vehicle weigh stations

a) A vehicle weigh station of the expressway shall be built in the expressway construction investment project or in the period of operation and use of the expressway.

b) Location for construction of vehicle weigh station shall be located at toll booths, feeder roads connecting to expressways, and other suitable locations. The use of the station must ensure safe traffic; it is required to arrange a place to stop and park for handling, have a plan to lower the load or a feeder road for the violating vehicle to move off the expressway at the fixed vehicle weigh station.

c) For expressways invested and built with the state budget, the expenses for building vehicle weigh stations shall be calculated in one of the following cases: Calculated in the expressway construction project; investment costs for station construction after the expressway has been put into operation or in the state budget’s source of expressway maintenance costs. The expenses for management and maintenance of the vehicle weigh station shall be included in the expressway maintenance cost.

d) The expenses for building a fixed vehicle weigh station of the expressway built under the form of public-private partnership shall be included in the investment cost for the construction of the expressway; expenses for management, maintenance and construction of the vehicle weigh station in the period of operation and use of the expressway and shall be included in the expenses for management and maintenance of the expressway. These expenses shall be included in the financial plan of the project contract.

4. For specialized road service facilities, the Ministry of Transport shall stipulate the organization of investor selection in accordance with the law on bidding, investment, specialized law, and other regulations of this Decree.”.

13. To amend and supplement Clause 1, Clause 2, Clause 3 and Clause 4 Article 18 as follows:

“1. Maintenance of expressway facilities shall be conducted according to the law on construction, technical regulations and standards, procedures for maintenance of works.

2. Expressway administration agencies assigned to manage expressway traffic infrastructure assets shall be responsible for selecting contractors in accordance with law to perform management, operation and maintenance of expressway facilities with the state budget within the scope of management; organize the ordering while the bidding has not yet been completed to ensure that the management, maintenance and traffic safety measures are carried out regularly and continuously.

3. Project enterprises shall be responsible for formulating and promulgating regulations on selection of contractors in accordance with the law on investment in the form of public-private partnerships for management, operation, use and maintenance of expressways under their management.

State-owned enterprises that invest in the construction of expressway facilities with state capital shall be responsible for selecting contractors in accordance with the bidding law to organize the management, operation, use and maintenance of expressways under their management.

4. For expressways that have not yet been fully invested, during the phase of diverging investment, management, and operation of expressways, the following regulations must be complied with:

a) After being allocated the recovered land for project implementation, the construction project owner shall be responsible for managing and protecting the recovered land and the compensation landmarks for ground clearance; setting up road markings on safety corridors of expressways in a complete scale; handing over the recovered land ground dossiers and landmarks, dossiers of marking road markings on expressway safety corridors.

b) Persons managing and using expressways shall be responsible for managing the recovered land areas, expressway safety corridors, dossiers and documents for complete investment in expressway.”,

14. To amend and supplement Article 19 as follows:

“Article 19. Expenses for the management, operation and maintenance of expressway facilities

1. State budget shall cover the performance of management, operation and maintenance of expressway facilities which are public properties of road traffic infrastructure managed by the State, including expressway infrastructure assets invested by the State; expressway infrastructure assets transferred to the State after the expiration of the PPP contract term and other cases.

2. Expressway infrastructure assets that are leased or transferred by the State for a definite term and assigned to economic organizations or enterprises to operate under the law on management and use of public property, the assigned economic organizations and enterprises shall perform the management, operation and maintenance of expressway facilities until the assets are transferred to the State.

3. The management, use, operation, maintenance and expenses for performing these works for the expressway invested under the form of public-private partnership shall be performed by the investor and must be specified in the PPP project contract.

4. For cases other than those specified in Clauses 1, 2 and 3 of this Article, the expressway owner or the person managing and using the expressway shall be responsible for allocating funds and managing, operating and maintaining expressway facilities in accordance with the law on construction and other relevant laws.”.

15. To amend and supplement a number of Points of Clauses 1 and 5 of Article 20 as follows:

a) To amend and supplement Points b, c and d Clause 1 Article 20 as follows:

“b) Guide the implementation of traffic organization plan for the expressway undergoing investment divergence, determine expenses for formulating the plan for traffic organization on the expressway; provide regulations on patrols and patrols on expressways; formulate and promulgate standards and norms on the management and operation of expressway facilities; organize and inspect the implementation of legal documents on management, operation and maintenance of expressway facilities;

c) Organize the management, operation, maintenance and protection of expressway infrastructure under its management; propagate, disseminate and educate the law on traffic on expressways; monitor the technical status of expressway facilities and carry out international cooperation activities in terms of expressways;

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

b) To amend and supplement Clause 5 Article 20 as follows:

“5. Provincial-level People’s Committees shall perform the state management of the administration, operation and maintenance of expressways under their respective powers and tasks in accordance with this Decree and relevant laws; direct and inspect the management, operation and maintenance of expressway facilities under their respective management.”.

Article 2. To repeal Clauses 4, 8, 9 Article 3; Clause 3 Article 14; Clauses 4 and 5 Article 16 of the Government's Decree No. 32/2014/ND-CP dated April 22, 2014, on the management, operation and maintenance of expressway facilities.

Article 3. Transitional provisions

Investment projects on construction of expressways in the form of public-private partnership, of which the contracts are signed before the effective date of this Decree, shall comply with the Government's Decree No. 32/2014/ND-CP dated April 22, 2014, and project contract terms.

Contracting agencies shall negotiate and reach agreements with investors to include the provisions of this Decree in the contracts, and conclude appendices amending the contracts. In case where provisions of this Decree are not included in the investment contracts in the form of public-private partnership, agencies competent to sign the project contracts shall report competent authorities to organize the addition of expressway facilities and items specified in this Decree by other appropriate funding sources.

Investment contracts in the form of public-private partnership that have not yet been modified for non-stop electronic toll collection must comply with the Prime Minister's regulations on non-stop electronic toll collection.

For expressway facilities under operation, expressway investment projects of which the route traffic management and operation centers and facilities specified in Clause 1 Article 1 of this Decree are unavailable, or such facilities have not yet been prepared for investment, investment-deciding agencies shall report the competent authorities to organize the additional construction in accordance with the law on construction investment. The management of investment and construction of works and items, or equipment serving operations on expressway shall comply with the law on investment, management and use of public property.

Article 4. Effect

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities and concerned units shall implement this Decree./.