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 of April 22, 2014, on the management, operation and maintenance of expressway facilities^[1]

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

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

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

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

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

At the proposal of the Minister of Transport,

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

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 32/2014/ND-CP of April 22, 2014, on the management, operation and maintenance of expressway facilities (below referred to as Decree No. 32/2014/ND-CP)

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 systems; traffic management and operation centers; roadside stations; toll plazas; weigh stations; maintenance stations; lighting systems; greeneries; facilities serving fire prevention and fighting; information systems serving management and communication; and other support facilities and equipment serving management, operation and maintenance of expressways.”.

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

“6. Expressway administration agency means an organization advising the Minister of Transport in performing the state management of expressways; or a specialized transport agency under a provincial-level People’s Committee;

7. Unit assigned to organize operation and maintenance of expressway facilities (below referred to as operation and maintenance unit) means a unit that performs management, operation and regular maintenance of expressway facilities under a hiring contract or assignment by a person in charge of expressway management and operation.”.

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

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

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

“12. Expressway management and operation enterprises include project enterprises established under the Law on Investment in the Form of Public-Private Partnership to sign and perform contracts to build, commercially operate or operate expressways in the form of public-private partnership; enterprises leasing or acquiring for a definite term the right to operate expressway infrastructure assets in accordance with the law on management, use and operation of road transport infrastructure assets; and enterprises assigned by the State to build, manage and operate expressways.

13. Person in charge of expressway management and operation mean an organization or agency assigned by the State to manage and operate public expressway infrastructure assets; or an expressway management and operation enterprise.”.

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

“1. Managing and operating expressway facilities, covering:

a/ Organizing traffic on expressways;

b/ Managing, operating and supervising traffic on expressways;

c/ Ensuring communication on expressways;

d/ Carrying out patrol and control on expressways;

dd/ Commissioning and temporarily closing expressways;

e/ Collecting expressway tolls.”.

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 with provincial-level People’s Committees on plans on organization of traffic on expressways in case expressways or other roads invested by localities are connected to expressways under the Ministry of Transport’s management;”.

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

“3. Provincial-level People’s Committees shall:

a/ Approve or adjust plans on organization of traffic on expressways under their respective management;

b/ Negotiate with the Ministry of Transport or other provincial-level People’s Committees on plans on organization of traffic on expressways in case expressways or other roads invested by the latter are connected to expressways under their respective management;

c/ A provincial-level People’s Committee assigned to invest in an expressway in its locality and another locality/other localities shall reach agreement with the provincial-level People’s Committee(s) of the locality/localities through which the expressway will pass before approving a plan on organization of traffic on the expressway.

4. The time limit for negotiating plans on organization of traffic on expressways specified at Point b, Clause 2, or Point b, Clause 3, Article 6 is 10 days from the date of receipt of complete dossiers and documents.

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

In case of necessity to adjust plans on organization of traffic on expressways during the operation period, persons in charge of expressway management and operation shall formulate adjusted plans on organization of traffic on expressways, and submit them to the competent agencies specified at Point a, Clause 2 or Point a, Clause 3 of this Article for consideration and approval.

Expenses for formulation of plans on organization of traffic on expressways shall be included in expenses for engineering consultancy upon investment in expressway facilities; expenses for survey and formulation of adjusted plans on organization of traffic on expressways when expressways are commissioned shall be included in expenses for maintenance of expressways.

6. In case an expressway is subject to investment phasing, the operation speed, lane arrangement, transition sections, U-turns, use of emergency lanes, and other contents of a plan on organization of traffic on an expressway must be suitable to the scale of construction in each phase.”.

4. To amend and supplement Article 7 as follows:

“Article 7. The National Traffic Management and Operation Center

1. The National Traffic Management and Operation Center shall be invested by the Ministry of Transport, consisting of working offices and civil facilities serving management, operation and installation of technological equipment, traffic control display monitors and other necessary technical infrastructure facilities; technology equipment systems for collecting, storing, synthesizing, analyzing and processing data and displaying traffic information to serve the management and operation of traffic on routes nationwide. The National Traffic Management and Operation Center shall be connected for information and data sharing with route traffic management and operation centers, and traffic police centers for monitoring and handling violations of traffic order and safety.

2. The Ministry of Transport shall assign its affiliated expressway administration agencies to:

a/ Organize the management and operation of the National Traffic Management and Operation Center; collect and store information and data and provide information under Article 9 of this Decree; manage and use information and data under regulations; and maintain the National Traffic Management and Operation Center’s construction works and equipment in accordance with the construction law and relevant laws;

b/ Coordinate with the traffic police and route traffic management and operation centers in organizing traffic and ensuring traffic order and safety;

c/ Guide and inspect the connection between route traffic management and operation centers and the National Traffic Management and Operation Center.

3. Expenses for management, operation and maintenance of 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. A route traffic management and operation center consists of places to temporarily keep vehicles, working offices of the traffic police force to serve the assurance of traffic order and safety on expressways; working offices and centers for monitoring and handling violations of traffic order and safety; civil facilities serving management, operation and installation of technological equipment, traffic control monitors and other necessary technical infrastructure facilities; technology equipment systems for collecting, storing, analyzing and processing data and displaying route traffic information to serve the organization, management and operation of traffic on routes; this route traffic management and operation center shall be connected for information sharing with the National Traffic Management and Operation Center and traffic police centers for monitoring and handling violations of traffic order and safety.

A route traffic management and operation center shall be built to serve the management and operation of one or several inter-connected expressway route(s). In the course of investment in construction of expressways, authorities competent to decide on investment shall determine the location and scale of investment in construction of route traffic management and operation centers, ensuring safe operation and efficient exploitation of expressway routes or sections in accordance with the Law on Management and Use of Public Assets.

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

a/ Under investment projects on construction of expressways;

b/ During the operation period of expressways;

c/ Under the roadmap specified 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 and operation of centers for management and operation of traffic on expressways being state assets; collect, preserve, store, provide, manage and use information and data; maintain construction works and equipment of such centers in accordance with the construction law and relevant laws; 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;

b/ Expressway management and operation enterprises shall organize the management, operation and maintenance of route traffic management and operation centers in accordance with the road traffic and construction laws and contracts of projects in the form of public-private partnership; collect and store information and data and provide information under Article 9 of this Decree, and manage and use information and data under regulations; and 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 management, operation and maintenance of route traffic management and operation centers shall be included in expenses for the management and maintenance of facilities.”.

6. To amend and supplement Article 9 as follows:

“Article 9. Information on expressways

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

2. Variable information includes:

a/ Information on adjustment of organization of traffic in a certain period of time for the repair and maintenance of works; or assurance of traffic order and safety;

b/ Information on the situation of traffic on expressways; information on location and time of accidents, traffic jams, incidents to works, fire and explosion incidents, or locations of repair and maintenance of works;

c/ Information on weather or disaster events affecting traffic;

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

3. Forms of displaying variable information in service of road users

a/ The information specified in Clause 2 of this Article may be posted in the licensed media, including radio, electronic newspapers and information from the Internet.

b/ The information specified at Point a, Clause 2 of this Article shall be displayed on road signs and temporary signs.

c/ The installed electronic signboard systems of road routes may display some of the information specified in Clause 2 of this Article.

d/ Information provided directly, via telephone, email or information technology platforms by persons in charge of expressway management and operation; operation and maintenance units and related organizations and individuals to road users and related subjects.

4. Provision, receipt, exploitation and use of information

a/ Persons in charge of expressway management and operation shall provide the information specified in Clause 1 and at Points a, b and c, Clause 2 of this Article to route traffic management and operation centers, the traffic police and the media specified at Point a, Clause 3 of this Article.

b/ The traffic police shall provide information on handling of traffic accidents, traffic command and control, and other information relating to their responsibility to route traffic management and operation centers, expressway administration agencies, expressway management and operation enterprises, and the media.

c/ Operation and maintenance units shall provide information on the traffic situation, traffic accidents, damage or incidents to works, and locations currently undergoing maintenance and other necessary information to route traffic management and operation centers, the traffic police, expressway administration agencies and persons in charge of expressway management and operation.

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 information from the National Traffic Management and Operation Center and provide such information to persons in charge of expressway management and operation, the traffic police and the media to serve the traffic management and control and support road users.

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 shall be provided in an accurate and timely manner, and stored and preserved at traffic management and operation centers.

5. Pending the establishment of the National Traffic Management and Operation Center, it is not required to implement Points d and dd, Clause 4 of this Article.

For expressways for which route traffic management and operation centers have not yet been built, the organizations 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. The traffic police shall patrol and control traffic on expressways and through traffic management systems to detect and handle violations of the road traffic law; and 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 of traffic order and safety on expressway routes.

3. Persons in charge of expressway management and operation shall carry out patrol and control on expressways under their management as assigned in order to examine and supervise the performance of patrol duties; handle according to their competence or coordinate with others in handling infringements upon expressway infrastructure facilities; participate in rescue and salvage for and handling of traffic accidents, incidents to works, fire and explosion incidents and other necessary cases; and detect violations of the law on traffic safety.”.

8. To amend and supplement Article 11 as follows:

“Article 11. Commissioning of expressway facilities and temporary closure of expressways

1. An expressway may be commissioned when it satisfies the following conditions:

a/ It has undergone a pre-acceptance tested after being completely built in accordance with the construction law;

b/ The plan on organization of traffic on the expressway has been approved;

c/ There is an operation process, for the work items and equipment specified in Clause 2 of this Article.

2. Work items and equipment for which an operation process is required

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

b/ The National Traffic Management and Operation Center; and route traffic management and operation centers;

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

d/ Work items and equipment in other necessary cases decided by project owners or persons in charge of expressway management and operation.

3. Temporary closure of expressways

a/ Temporary closure of an expressway is the temporary closure of one direction or both directions or a section or the whole of a route of the expressway for vehicles, except on-duty vehicles of the traffic police, and vehicles serving rescue and salvage, troubleshooting and traffic safety assurance.

b/ Cases in which an expressway is subject to temporary closure due to failure to satisfy safety requirements for operation: damage to facilities due to incidents  or consequences of disasters, or damage of facilities to the extent that they cannot be operated safely; occurrence of fire and explosion incidents; occurrence of extremely serious accidents compelling the temporary closure of the expressway to serve rescue, salvage and traffic safety assurance activities; occurrence of a disaster or epidemic or upon request of a competent state agency to serve national defense and security.

c/ The Minister of Transport shall decide on temporary closure of expressways of the national highway system under Point a, Clause 2, Article 37 of the Law on Road Traffic.

d/ Chairpersons of provincial-level People’s Committees shall decide on temporary closure of expressways of road systems under their respective management under Point b, Clause 2, Article 37 of the Law on Road Traffic.

dd/ Upon detecting a risk affecting the safety of, or a risk of an incident to, an expressway facility that impacts the safety of human life, adjacent works and the community, the person in charge of the expressway management and operation shall promptly close the expressway and take measures to ensure the safety for humans, vehicles and other assets; perform jobs to limit and prevent possible dangers to such facility; protect the scene; and participate in rescue and salvage activities and deal with traffic jams.

After deciding on temporary closure of an expressway, the person in charge of the expressway management and operation shall immediately notify such to the traffic police, the expressway administration agency, the route traffic management and operation center and the local administration concerned.

4. Upon temporary closure of an expressway, the following tasks shall be performed:

a/ The person in charge of the expressway management and operation and the operation and maintenance unit shall expeditiously take measures to ensure traffic and re-navigate traffic so as to limit traffic jams; repair damage, and overcome existing problems on the expressway and other road routes used to regulate traffic; adjust and supplement road sign facilities and other facilities for traffic assurance; participate in guiding people and vehicles joining traffic; and coordinate with the traffic police and local administration in organizing traffic on the expressway.

b/ The traffic police shall perform the tasks of traffic command and control.

c/ The local administration shall coordinate in ensuring traffic when it is necessary to re-navigate vehicles running on the expressway to locally managed roads.

d/ Rescue and salvage activities must comply with Article 16 of this Decree; the activities of dealing with incidents to facilities and remedying damage to facilities to ensure safe operation must comply with the construction law; the activities of preventing and fighting, and overcoming the consequences of, fire and explosion must comply with the law on fire prevention and fighting.

dd/ After completing reorganization of traffic, salvage, and investigation of incidents for the expressway, the person in charge of the expressway management and operation shall repair damage and overcome shortcomings in order to put the expressway into operation according to its design standards.”.

9. To amend and supplement Article 12 as follows:

“Article 12. Collection of tolls for use of expressways and operation of expressway facilities

1. For expressways eligible for road toll collection, electronic toll collection (ETC) is required.

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

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

“2. Connection of expressways

The connection of a road to an expressway shall be considered and implemented at the stages of construction investment and operation of the expressway, and must satisfy one of the following requirements:

a/ The location and scale of construction investment of an intersection connected to the expressways must comply with the technical regulations and standards on designing of expressways and regulations on construction investment, or the location identified in one of the following master plans: master plan on the road network, master plan on road transport infrastructure facilities, provincial master plans and regional master plans already approved by competent agencies in accordance with the Planning Law.

b/ When it is necessary to add connection of another route to an operating expressway, the location of connection shall be updated to or adjusted in one of the master plans specified at Point a of this Clause. The addition of intersections connected to an expressway is subject to approval by the competent state agency in charge of managing such expressway. Expenses for the additional connection and other related expenses shall be borne by the project owner of the to-be-connected route.”.

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

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

“3. Organization of salvage activities:

a/ Vehicle operators or owners have the rights and obligations to organize salvage activities, even hiring other organizations and individuals to salvage their vehicles and goods as well as persons on their vehicles;

b/ Salvage organizations or individuals shall show up at scenes within the shortest time possible after being notified of accidents in order to salvage persons, vehicles and goods involved in accidents from expressways.

c/ The operators of vehicles joining the traffic who cause accidents or the owners of such vehicles shall pay salvage expenses.

d/ In case a vehicle operator or owner fails to promptly perform salvage, which affects traffic order and safety or causes traffic jam, the operation and maintenance unit shall perform the salvage in order to ensure traffic order and safety. Salvage expenses shall be paid by the vehicle operator, or by the vehicle owner in case the vehicle operator fails to pay. The salvage expenses in this case shall be paid before the vehicle is handed over to the vehicle operator or owner.

dd/ Vehicle operators joining the traffic and vehicle owners are not required to pay salvage expenses in case accidents occur due to force majeure events and in other cases as specified 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 scene of the accident or incident within the shortest time possible after being notified of the accident or incident, and assume the prime responsibility for, and coordinate with other forces in, settling the accident or incident within the shortest time to put the expressway into normal operation.”.

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

“c/ Expenses for salvage and traffic assurance during the process of salvage and rescue shall be included in the expenses for management, operation and maintenance of expressways.”.

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

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

a/ Expressway tunnels, traffic management and operation centers and other necessary work items shall be equipped with fire prevention and fighting systems and equipment in accordance with the law on fire prevention and fighting, technical regulations and standards on fire prevention and fighting, and processes for operation of works.

b/ Persons in charge of expressway management and operation shall formulate fire prevention and fighting measures; organize training in fire prevention and fighting and assign fire prevention and fighting tasks; review the state of, and repair, add and replace the fire prevention and fighting systems and equipment, and purchase fire and explosion insurance in accordance with law.

Expenses for fire prevention and fighting shall be included in the expenses for investment in construction of works and expenses for management, operation and maintenance of works.

c/ Operation and maintenance units shall participate in formulating  fire prevention and fighting measures, organize training in fire prevention and fighting, perform the task of fire prevention and fighting as assigned; and regularly inspect fire prevention and fighting systems and equipment to promptly repair and replace damaged and unusable work items and equipment.”.

12. To add Article 16a as follows:

“Article 16a. Roadside stations and weigh stations on expressways

1. Roadside stations on expressways shall be built according to technical regulations and standards to serve road users, support rescue, salvage and repair activities, and supply fuel and energy for vehicles joining the traffic.

2. The location and scale for construction of a roadside station shall be identified upon the formulation of the project and design for the station construction, and implemented in the expressway construction investment project or after the expressway has been commissioned. The construction investment, management, commercial operation and operation of roadside stations must comply with the laws on construction, bidding, and management, use and operation of public assets.

3. Weigh stations on expressways

a/ The construction of weigh stations on expressways shall be included in the expressway construction investment projects or implemented at the stage of operation of expressways.

b/ Weigh stations shall be built at toll plazas, feeder roads connected to expressways or other suitable locations. The operation of a weigh station must ensure traffic safety; at a weigh station, there must be a place for vehicle stopping or parking, a plan to lower the loading capacity of the violating vehicles, or a feeder road for the violating vehicles to move out of the expressway.

c/ For state budget-funded expressways, the expenses for construction of weigh stations shall be calculated by including them in expressway construction projects; in expenses for construction investment of the stations after the expressways have been commissioned; or in the state budget funds reserved for maintenance of the expressways. Expenses for management and maintenance of weigh stations shall be included in expressway maintenance expenses.

d/ The expenses for construction of weigh stations on expressways in the form of public-private partnership shall be included the construction investment expenses for expressway facilities; the expenses for management and maintenance and expenses for construction of weigh stations during the period of operation of the expressways shall be included in the expressway management and maintenance expenses. These expenses shall be included in the project contracts’ financial plans.

4. For specialized road service facilities, the Ministry of Transport shall specify the selection of investors in accordance with the bidding and investment laws, relevant specialized laws, and this Decree.”.

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

“1. Maintenance of expressway facilities must comply with the construction law, technical regulations and standards, and facility maintenance processes.

2.  Expressway administration agencies assigned to manage expressway infrastructure assets shall select contractors in accordance with law to manage, operate and maintain expressway facilities using state budget funds under their management; organize order placement for such tasks pending the completion of bidding so as to ensure the regular and continuous management, maintenance and traffic safety measures.

3. Project enterprises shall formulate and promulgate regulations on selection of contractors in accordance with the law on investment in the form of public-private partnership so as to manage, operate and maintain expressways under their management.

State enterprises that invest state capital in construction of expressway facilities shall select contractors in accordance with the bidding law so as to manage, operate and maintain expressways under their management.

4. For expressways not yet completely invested, during their investment phasing and management and operation, it is required to comply with the following regulations:

a/ After being allocated the recovered land for implementation of a project, the project owner shall manage and protect the recovered land and markers serving as a basis for compensation and ground clearance; plant landmarks of boundaries of the expressway safety corridor according to a complete scale; hand over dossiers and markers on the recovered land area, and dossiers on planting of landmarks of boundaries of the expressway safety corridor to the person in charge of expressway management and operation.

b/ The person in charge of expressway management and operation shall manage the recovered land area, expressway safety corridors and dossiers and documents serving the expressway’s complete investment.”.

14. To amend and supplement Article 19 as follows:

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

1. State budget funds shall cover the management, operation and maintenance of expressway facilities which are road traffic infrastructure facilities as public assets managed by the State, including expressway infrastructure assets invested by the State; expressway infrastructure assets transferred to the State upon the expiration of the PPP contracts and in other cases.

2. For expressway infrastructure assets that are leased or transferred by the State for a definite term and assets in other cases that are allocated to economic organizations and enterprises for operation in accordance with the law on management and use of public assets, such economic organizations and enterprises shall perform the management, operation and maintenance of expressway facilities until these assets are transferred to the State.

3. The management, use, operation and maintenance of expressways invested in the form of public-private partnership and expenses for performance of these tasks shall be carried out/borne by investors and specified in the PPP project contracts.

4. For cases other than those specified in Clauses 1, 2 and 3 of this Article, the owners of expressways or persons in charge of expressway management and operation shall allocate funds and manage, operate and maintain expressway facilities in accordance with the construction law and other relevant laws.”.

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

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

“b/ Provide guidance on the implementation of traffic organization plans for expressways subject to investment phasing, and determine expenses for formulation of traffic organization plans for expressways; issue regulations on road patrol and inspection on  expressways; formulate and promulgate standards and norms on the management and operation of expressway facilities; and 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 facilities under its management; popularize, disseminate and educate about the law on traffic on expressways; monitor the technical conditions of expressway facilities, and carry out international cooperation on expressways;

d/ Examine and supervise the management, operation and maintenance, and the implementation of traffic organization plans for expressways under its management.”.

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

“5. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, organize the state management of the management, operation and maintenance of expressway facilities under this Decree and relevant regulations; and direct and examine the management, operation and maintenance of expressway facilities under their management.”.

Article 2. To annul Clauses 4, 8 and 9, Article 3; Clause 3, Article 14; and Clauses 4 and 5, Article 16, of Decree No. 32/2014/ND-CP.

Article 3. Transitional provisions

Investment projects on construction of expressways in the form of public-private partnership for which the contracts have been signed before the effective date of this Decree must continue to comply with Decree No. 32/2014/ND-CP and the project contracts.

Contract-signing agencies shall negotiate and reach agreement with investors to supplement the provisions of this Decree to the contracts and additionally conclude annexes to the contracts. If not supplementing the provisions of this Decree to the contracts on investment in the form of public-private partnership, the agencies competent to sign project contracts shall report such to competent authorities for the latter to use other appropriate funding sources for organizing additional investment in expressway facilities and facility items specified in this Decree.

For contracts on investment in the form of public-private partnership not yet adjusted for ETC application, they must comply with the Prime Minister’s regulations on collection of road tolls by the ETC method.

For expressway facilities currently under operation, and expressway investment projects for which no item on route traffic management and operation centers and the facilities specified in Clause 1, Article 1 of this Decree is available or prepared, the investment-deciding agencies shall report such to the competent authorities for the latter to organize additional formulation of such item in accordance with the law on construction investment. The management of investment in construction of facilities, facility items or equipment serving professional activities on expressways must comply with the laws on investment and management and use of public assets.

Article 4. Implementation provisions

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related units shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA