Decree 119/2024/ND-CP the electronic payment for road traffic activities

DECREE

Defining the electronic payment for road traffic activities

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on 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 dated June 27, 2024;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Charges and Fees dated November 25, 2015;

Pursuant to the Law on Cyber Security dated June 12, 2018;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 16, 2020;

Pursuant to the Law on Price dated June 19, 2023;

Pursuant to the Law on E-Transactions dated June 22, 2023;

At the proposal of the Minister of Transport;

The Government promulgates the Decree defining the electronic payment for road traffic activities.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the electronic payment for road traffic activities: traffic accounts; payment of expressway tolls; road traffic-related e-payment database.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in the electronic payment for road traffic activities.

Article 3. Interpretation of terms

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

1. Road vehicles (hereinafter referred to as vehicles) are road motor vehicles, special-use vehicles and similar types of vehicles subject to collection of charges, prices and fees for services related to vehicles’ traffic operations.

2. Vehicle owners are owners of vehicles or other persons or organizations who are granted by vehicle owners the right to possession or use of vehicles subject to collection of charges, prices and fees for services related to vehicles’ traffic operations. The vehicle owner is also the traffic account holder and the owner of the payment instruments as prescribed in this Decree.

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

4. Charges, prices, fees for services related to vehicles’ traffic operations include:

a) Toll include toll under the law on price and expressway toll collected from vehicles traveling on expressway routes invested, owned, managed and operated by the State;

b) Other charges, prices, fees for services related to vehicles’ traffic operations.

5. The competent agency shall be one of the following agencies:

a) The Ministry of Transport, for road infrastructure investment projects with road toll collection managed by the Ministry of Transport, projects of the Vietnam Expressway Corporation and services related to vehicles’ traffic operations managed by the Ministry of Transport;

b) Other ministries and branches, for other services related to vehicles’ traffic operations managed by such ministries and branches;

c) Provincial-level People's Committees for road infrastructure investment projects with collection of road toll and services related to traffic activities of vehicles managed by the localities.

6. Road toll payment service provider means the unit selected by the competent agency to provide electronic road traffic-related payment services for the types of charges, prices, fees for services as specified in Clause 4 of this Article.

7. Road traffic-related payment service provider means the unit selected by the competent agency or the collection management unit to provide electronic road traffic-related payment services for the types of charges, prices, fees for services as specified at Point b Clause 4 of this Article.

8. Collection management unit is an organization authorized by a competent agency to collect or having the right to collect charges, prices, fees for services related to vehicles’ traffic activities.

9. Collection operator is an organization selected by the collection management unit to operate the equipment system installed at the collection points.

10. Collection point means the place where a road toll plaza is located or where equipment systems are installed to interact with vehicles, read vehicle information, e-tags and process the transactions of electronic payment for road traffic activities or other forms of payment for vehicles approved by the collection management unit.

11. The road traffic-related e-payment database management system is a component of the road database management system invested in, managed, operated and exploited by the Ministry of Transport to centrally manage the electronic road traffic-related payment database.

12. The administration system and the data center of a road toll payment service provider or a road traffic-related payment service provider (hereinafter referred to as electronic traffic-related payment service provider) include subsystems, hardware and software systems located at the data center, serving the requirements and operation processes of electronic traffic-related payment. The administration system and data center of an electronic traffic-related payment service provider shall receive and process transactions sent from the equipment system installed at the collection points and perform the functions specified in this Decree.

Article 4. General principles

1. To ensure transparency in electronic payment of charges, prices, fees for services related to vehicles’ traffic operations.

2. To meet requirements on linkage among components of the electronic traffic-related payment system. Each vehicle will be installed with only one e-tag at a time.

3. To ensure safety and confidentiality of vehicle owners’ personal information in accordance with law regulations on personal data protection, except for cases of provision of information under a decision of a competent state agency in accordance with law regulations.

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

5. To ensure vehicle owners’ right to choose and use value-added services and utilities.

Article 5. Prohibited acts in electronic payment for road traffic activities

1. Destroy, falsify, delete data or change the contents of an e-tag; transfer an e-tag from one means of transport to another.

2. Infiltrate or attempt to infiltrate, sabotage, steal data, illegally change software programs and electronic data used in electronic payment for road traffic activities; take advantage of computer network system errors for the profiteering purpose.

3. Provide untruthful information in the course of participation in electronic payment for road traffic activities.

4. Disclose or provide information related to personal data in contravention of law regulations.

5. Open or maintain anonymous or impersonated traffic accounts.

6. Acts of intentional evasion and fraud in electronic payment for road traffic activities.

7. Unfair competitive practices among electronic traffic-related payment service providers.

Chapter II
THE ELECTRONIC TRAFFIC-RELATED PAYMENT SYSTEM

Article 6. Components of the electronic traffic-related payment system

1. The electronic payment for road traffic activities shall be performed automatically by the road traffic-related e-payment system (hereinafter referred to as the electronic traffic-related payment system).

2. The electronic traffic-related payment system includes the following components:

a) E-tags installed in vehicles;

b) The road traffic-related e-payment database management system;

c) The administration system and the data center of electronic traffic-related payment service provider;

d) Equipment system installed at collection points;

dd) Data transmission system;

e) Other systems, equipment and items ensuring the operation of the electronic traffic-related payment system; ensuring linkage among the components of the electronic traffic-related payment system.

Article 7. E-tags installed in vehicles

1. Vehicles must be installed e-tags for opening of traffic accounts. The installation and activation of e-tags shall be carried out by road toll payment service providers in accordance with this Decree.

2. The Ministry of Public Security and the Ministry of National Defence shall coordinate with the Ministry of Transport and road toll payment service providers in installing e-tags for vehicles serving security and national defense participating in traffic.

3. Vehicle owners must pay the cost of e-tag installation to the road toll payment service providers. The e-tags are warranted by the road toll payment service providers for a minimum period of 12 months from the date of e-tag installation.

Article 8. Road traffic-related e-payment database management system

1. The road traffic-related e-payment database management system must meet the following requirements:

a) The road traffic-related e-payment database management system is built according to information technology standards and technical regulations, relevant techno-economic norms, ensuring stable and continuous operation;

b) Ensure the connection with the systems and databases defined in Clause 2 of this Article;

c) Ensure the right to exploit information of agencies, organizations and individuals in accordance with law on e-transactions and other relevant law regulations.

2. The road traffic-related e-payment database management system may connect to the systems and databases as follows:

a) The administration system and the data center of electronic traffic-related payment service providers;

b) Database on road traffic safety and order;

c) National population database.

3. The information in road traffic-related e-payment databases shall be centrally managed in the road traffic-related e-payment database management system as defined in the Appendix issued together with this Decree.

4. The expenses for management, operation and exploitation of the road traffic-related e-payment database management system shall be taken from the costs of organization, management, supervision of collection of charges, prices, fees for services related to vehicles’ traffic operations and financial sources specified in Clause 1 Article 42 of the Law on Road.

Article 9. The administration system and the data center of  electronic traffic-related payment service providers

1. a) The administration system and the data center of a road toll payment service provider are invested, built, renovated, upgraded, managed, operated and exploited by itself to carry out the following contents:

a) Open and manage traffic account;

b) Determine the costs that vehicle owners must pay for services provided by the road toll payment service provider;

c) Connect to legal payment instruments of cashless payment service providers or payment intermediary service providers (hereinafter referred to as cashless payment instrument providers) as prescribed in Clause 2 Article 11 of this Decree;

d) Refund revenue from charges, prices, fees for services related to vehicles’ traffic operations to collection management units.

2. The administration system and the data center of a road traffic-related payment service provider are invested, built, renovated, upgraded, managed, operated and exploited by itself to carry out the following contents:

a) Connect and use the information about traffic accounts from the road traffic-related e-payment database management system;

b) Determine the costs that vehicle owners must pay for services provided by the road traffic-related payment service provider;

c) Connect to legal payment instruments of cashless payment instrument providers as defined in Clause 2 Article 11 of this Decree;

d) Refund revenue from other charges, prices and fees for services related to vehicles’ traffic operations to collection management units.

3. The administration system and data center of an electronic traffic-related payment service provider must satisfy the following requirements:

a) The administration system and the data center must be built according to information technology standards and technical regulations, relevant techno-economic norms, ensuring stable and continuous operation;

b) Ensure the connection with the systems and databases defined in Clause 4 of this Article;

c) Ensure the right to exploit information of agencies, organizations and individuals in accordance with law on e-transactions and other relevant law regulations.

4. The administration system and data center of an electronic traffic-related payment service provider may connect to the following systems and databases:

a) Road traffic-related e-payment database management system;

b) Equipment system installed at collection points;

c) Administration systems and data centers of other electronic traffic-related payment service providers.

Article 10. Equipment system installed at collection points

1. Equipment system installed at collection points must be designed, invested, constructed, renovated, upgraded, managed, operated, maintained, and connected to the administration system and data center of electronic traffic-related payment service providers to perform the following contents:

a) Determine vehicles’ transactions at the collection points;

b) Determining the costs that vehicle owners must pay in the transactions of electronic payment for road traffic activities that have not been determined by the electronic traffic-related payment service providers as prescribed at Point b Clause 1 and Point b Clause 2 Article 9 of this Decree.

2. Collection management units shall organize investment, construction, renovation, management, and operation of the system installed at collection points and decide on the costs for management, operation, and maintenance in accordance with Article 41 of the Law on Road.

Chapter III
OPENING AND USE OF TRAFFIC ACCOUNTS

Article 11. Opening of traffic accounts

1. Road toll payment service providers shall open traffic accounts and provide the accounts to access the road traffic e-payment application for vehicle owners upon the first-time installation of e-tags.

2. At the time of implementation of transaction of electronic payment for road traffic activities, the traffic account is only connected to one cashless payment instrument in accordance with the law regulations on banking for the implementation of electronic payment for road traffic activities. Such cashless payment instrument is provided by a cashless payment instrument provider via the service provision contract signed with electronic traffic-related payment service provider.

3. One traffic account may be used to pay for more than one vehicle joining in traffic owned by the vehicle owner; payments for one vehicle joining in traffic may be made from only one traffic account.

4. Subjects opening a traffic account include:

a) Vehicle owner being an individual that has full civil act capacity in accordance with law regulations;

b) Vehicle owner being an organization that is established and operating legally in accordance with law regulations.

5. The dossier of request for a traffic account must fully contain the information about traffic account as prescribed in the Appendix issued together with this Decree.

6. Verification of information on vehicle owners opening traffic accounts

a) Vehicle owners must provide and update complete and accurate information in the dossier of request for opening a traffic account to the road toll payment service providers and shall be responsible for the truthfulness of such information.

b) The road toll payment service providers shall be responsible for checking, comparing; and verifying vehicle owner identification information for vehicle owners being organizations and verifying vehicle owner identification information through the national population database for vehicle owners being individuals.

7. Electronic traffic-related payment service providers must synchronize the information about traffic account with the road traffic-related e-payment database management system after opening of traffic accounts or after each information change. Road traffic-related payment service providers must synchronize the information about payment instrument with the road traffic-related e-payment database management system after the connection or after each change or supplementation of payment instrument. Such information must be synchronized with the road traffic-related e-payment database management system within 6 hours after an update or change occurs in the administration system and data center of electronic traffic-related payment service providers.

8. Road toll payment service providers must publicly provide vehicle owners with the terms of registration for opening and using traffic accounts; the order and procedures for receiving and processing dossiers of request for opening traffic account; the method and location for signing contracts for opening and use of traffic accounts for each subject in conformity with their conditions and supply capacity, but must ensure compliance with law regulations and be responsible for the accuracy, strictness and completeness of the dossiers and contracts for opening and use of traffic accounts.

9. In case of any change in information in the dossiers of request for opening traffic accounts, the traffic account holders must notify it to the road toll payment service providers to update such change in the road traffic-related e-payment database management system within at most 10 days from the date of change. The traffic account holders shall take full responsibility for failure to notify the change in information to the road toll payment service providers as prescribed in this Clause.

Article 12. Use of traffic accounts

1. Vehicle owners must ensure sufficient amount of money in their payment instrument connected to their traffic account when making electronic payment for road traffic activities.

2. In case the amount of money in the payment instrument  connected to a traffic account is not enough to make payment for road toll on the expressway, such vehicle is not allowed to pass through the toll plaza on the expressway.

3. In case the amount of money in the payment instrument  connected to a traffic account is not enough to make payment for road toll, such vehicle must use mixed-use lanes in the toll plaza, except for cases defined in Clause 2 of this Article.

4. In case the amount of money in the payment instrument  connected to a traffic account is not enough to make electronic payment for road traffic activities, except for cases defined in Clause 2 and Clause 3 of this Article, other modes of payment shall be made at the collection point.

5. Road toll payment service providers shall directly use traffic accounts managed by themselves to make electronic payment for road traffic activities for the services provided by the road toll payment service providers.

6. At the request or with the consent of traffic account holders, the road traffic-related payment service providers shall use the information about traffic accounts through connection and sharing of data with the road traffic-related e-payment database management system to make electronic payment for road traffic activities for the services provided by the road traffic-related payment service providers. Road traffic-related payment service providers shall provide the accounts to access the road traffic e-payment application for vehicle owners.

7. In case an electronic traffic-related payment service provider fails to maintain the service of electronic payment for road traffic, the Ministry of Transport shall decide on the use of the traffic accounts to ensure uninterrupted electronic payment for road traffic activities based on the traffic account holders’ consent.

Article 13. Locking of traffic accounts

1. Locking of traffic accounts at the traffic account holders’ request

a) A road toll payment service provider shall lock a traffic account upon request of the traffic account holder, or guardian or at-law representative of the traffic account holder, or under the prior written agreement between the traffic account holder and the road toll payment service provider, except for the case specified at Point b of this Clause.

b) The road toll payment service provider shall refuse the request for locking of traffic account in case the traffic account holder has not yet paid the debt payable to the road toll payment service provider or the road traffic-related payment service provider. The information on the debt payable to the road traffic-related payment service provider is synchronized from the road traffic-related e-payment database management system.

c) The time of locking a traffic account shall be under the request of the traffic account holder, or guardian or at-law representative of or the traffic account holder, or under the prior written agreement between the traffic account holder and the electronic traffic-related payment service provider.

2. Locking of traffic accounts at the written request of a competent agency as prescribed by law regulations

a) A road toll payment service provider shall lock traffic accounts at the written request of a competent agency as prescribed by law regulations.

b) Immediately after locking the traffic account, the road toll payment service provider must notify the traffic account holder, or the traffic account holder's guardian or at-law representative of the reason for locking the traffic account.

c) The time of locking a traffic account shall comply with the request of the competent agency stated in the written request for locking of traffic account or in the written request for termination of traffic account locking.

Article 14. Closing of traffic accounts

1. Road toll payment service providers shall close a traffic account in the following cases:

a) They receive a request to close the traffic account by the traffic account holder, or guardian or at-law representative of the traffic account holder, and such traffic account holder has fully fulfilled all obligations related to the traffic account;

b) The traffic account holder is an individual who dies, is declared dead or missing; or the traffic account holder is an organization that terminates operations, or is bankrupt or dissolved in accordance with the law;

c) Cases of closing traffic account according to the agreement between the road toll payment service provider and the traffic account holder;

d) The traffic account holder commits one of the prohibited acts as prescribed in Article 5 of this Decree or violates the agreement on opening and use of traffic account signed with the road toll payment service provider;

dd) Other cases as prescribed by law.

2. After the traffic account is closed, the traffic account holder wishing to use a traffic account must carry out the procedures for opening a traffic account in accordance with Article 11 of this Decree.

Chapter IV
ELECTRONIC PAYMENT FOR ROAD TRAFFIC ACTIVITIES

Section 1
ROAD TOLL PAYMENT

Article 15. Non-stop electronic road toll payment

1. Modes of operation of equipment system installed at non-stop electronic road toll plazas

a) Single-lane mode with barrier

According to this mode, the barrier at the road toll plaza shall open for a vehicle passing through if such vehicle has a valid e-tag and successfully makes road toll payment.

b) Free multi-lane mode

According to this mode, at the area of road toll plaza, only the gantry and toll collection equipment installed on the gantry are maintained. Such mode only applies at the entrance of the expressway.

2. The process of handling the transactions of non-stop electronic road toll payment

a) When a vehicle enters the identification area of ​​the equipment system installed at the road toll plaza, such equipment system will read the information, send the transaction information to the administration system and data center of the road toll payment service provider in order to make the payment of road toll and send the information back to the equipment system installed at the road toll plaza to complete the transaction of the vehicle through the road toll plaza.

b) The content of information exchange and the process of processing road toll payment transactions shall be carried out in accordance with the technical regulations and standards on road toll plazas and other relevant technical regulations and standards.

c) After the transaction is completed, the road toll payment service provider and the collection operator shall synchronize the information about road toll payment transaction with the road traffic-related e-payment database system.

3. Methods of road toll payment

The road toll payment is made by open and closed methods. In which:

a) Open method means a payment method in which the vehicle owner must pay a certain amount of money at the road toll plaza regardless of the distance the vehicle has traveled on the road segment subject to road toll payment, but only based on the type of vehicle.

b) Closed method means a payment method in which the vehicle owner must pay a certain amount of money at the road toll plaza based on the distance the vehicle has traveled on the road segment subject to road toll payment and the type of vehicle.

4. Routes, sections of expressways; connecting routes and sections of expressways are organized into a collection system performed in a closed manner in the electronic non-stop form.

5. A road toll plaza not located on the expressway must deploy the non-stop electronic road toll collection and maintain a mixed-use lane or lane for incident handling (the tollbooth for both non-stop electronic toll collection and manual toll collection) on each direction of circulation as prescribed.

6. The design, investment, construction, renovation and upgrading of road toll plazas, the form of operation of the equipment system installed at the road toll stations and the methods of road toll collection shall be decided by the competent authority in the feasibility study report of the road infrastructure investment project or in the road infrastructure asset exploitation project.

Article 16. Reconciliation of road toll revenue

1. The reconciliation of road toll revenue shall be carried out on the following principles:

a) On a daily basis, the road toll payment service provider shall carry out the reconciliation of the road toll revenue within the time frame from 00:00 to 24:00 (data closing time) with the collection operator to serve as a basis for the road toll payment service provider to refund the road toll revenue to the collection management unit.

b) On a monthly basis, the road toll payment service provider and the collection management unit shall carry out the reconciliation and finalization of the debt before the 5^th of the following month or at another time agreed upon by the parties.

c) Within 30 days from the end of each fiscal year, the road toll payment service provider and the collection management unit shall finalize the debt and finalize the payment for the previous year.

2. The road toll payment service provider shall develop professional processes that regulate the time for clearing, payment, verification, and reconciliation of data, ensuring timely, complete, and accurate finalization for relevant parties.

3. The collection management unit, the collection operator and the road toll payment service provider shall be responsible for coordinating to carry out the reconciliation process and correct and adjust errors and discrepancies detected through the reconciliation process.

4. After reconciliation of road toll revenue, the road toll payment service provider shall synchronize information on transactions of road toll payment with changes with the road traffic-related e-payment database system.

Article 17. Reimbursement of road toll revenue

1. Based on the agreed data after performing daily road toll revenue reconciliation, the road toll payment service provider shall transfer the entire road toll revenue (including value added tax) according to reconciliation at each non-stop electronic road toll plaza to the collection management unit after deducting the costs of organization, management and supervision of the road toll collection. The reimbursement time is specified in the collection service contract between the road toll payment service provider and the collection management unit, but must not exceed 48 hours from the time of data closing. In case the banking system closed on public holidays and weekends leads to the transfer of money not completed through the banking system, the transfer will be made on the next working day, unless otherwise agreed by the parties.

2. The road toll payment service provider shall be responsible for developing a process for implementing non-stop electronic road toll collection transactions; declaring and paying taxes on the enjoyed portion of costs for organization, management and supervision of road toll collection in accordance with law regulations.

Article 18. Handling cases of exemption from road toll; road toll collection on a monthly, quarterly or yearly basis

1. Vehicles exempted from road toll according to the law shall be equipped with e-tags and have traffic accounts opened with priority vehicle information; when traveling through a non-stop electronic tollbooth, they will be automatically identified and allowed to travel through the road toll plaza.

2. Road toll collection on a monthly, quarterly or yearly basis

a) In case the vehicle owner wishes to pay road toll monthly, quarterly or annually for one or several specific non-stop electronic road toll plazas, the road toll payment service provider shall deduct money from the vehicle owner's payment instrument at the time of registration for monthly, quarterly or annual payment.

b) In case vehicles registered for monthly, quarterly, or yearly road toll payment pass through the registered toll plazas, the road toll payment service providers shall not deduct money from the vehicle owners’ payment instrument. In addition to monthly, quarterly and annual payment to specific registered road toll plazas, vehicle owners must make payment in accordance with regulations to pass through other non-stop electronic road toll plazas when necessary.

Article 19. Costs for organization, management and supervision of road toll collection

1. Costs for organization, management and supervision of road toll collection include cost paid for road toll payment service providers and cost for management, operation and exploitation of the road traffic-related e-payment database management system.

2. The cost paid for road toll payment service providers is determined in the collection service contracts between the road toll payment service providers and the collection management units.

Section 2

PAYMENT OF OTHER CHARGES, PRICES AND FEES FOR SERVICES

Article 20. Payment of other charges, prices and fees for services

1. Collection management units shall use the single-lane mode with barrier or use a mobile device system to read e-tag information to make payment for other charges, prices and fees for services to be collected.

2. Process of payment handling

a) For cases where the road traffic-related payment service provider determines the expenses

When a vehicle enters the identification area of ​​the equipment system installed at the collection point, such equipment system will read the information, send the transaction information to the administration system and data center of the road traffic-related payment service provider in order to make the electronic payment for road traffic activities and send the information back to the equipment system installed at the collection point to complete the transaction of the vehicle through the collection point.

b) For cases where the equipment system installed at the collection point determines the expenses

When a vehicle enters the identification area of ​​the equipment system installed at the collection point, such equipment system will read the information for calculation of other charges, prices and fees for services payable, send the transaction information to the system of the road traffic-related payment service provider in order to make the electronic payment for road traffic activities; after the settlement, the road traffic-related payment service provider shall send the transaction information back to the equipment system installed at the collection point to complete the transaction of the vehicle through the collection point.

c) The content of information exchange and the process of processing transactions of electronic payment for road traffic activities shall be carried out in accordance with the technical regulations and standards on collection points and other relevant technical regulations and standards.

d) After the transaction is completed, the road traffic-related payment service provider and the collection operator shall synchronize the information about the transactions of electronic payment for road traffic activities the road traffic-related e-payment database system.

dd) The collection management unit shall decide on payment processing in accordance with Point a or Point b Clause 2 of this Article.

3. The collection management unit shall decide on the appropriate payment methods for the services subject to collection of charges, prices and fees for services.

Article 21. Reconciliation of revenue from services

1. The reconciliation of revenue from services shall be carried out on the following  principles:

a) On a daily basis, the road traffic-related payment service provider shall carry out the reconciliation of the revenue from services within the time frame from 00:00 to 24:00 (offset data closing time) with the equipment system installed in the collection point to serve as a basis for the road traffic-related payment service provider to refund the revenue from services to the collection management unit;

b) On a monthly basis, the road traffic-related payment service provider and the collection management unit shall carry out the reconciliation and finalization of the debt before the 5^th of the following month or at another time agreed upon by the parties;

c) Within 30 days from the end of each fiscal year, the road traffic-related payment service provider and the collection management unit shall finalize the debt and finalize the payment for the previous year.

2. The road traffic-related payment service provider shall develop professional processes that regulate the time for clearing, payment, verification, and reconciliation of data, ensuring timely, complete, and accurate finalization for relevant parties.

3. The collection management unit, the collection operator and the road traffic-related payment service provider shall be responsible for coordinating to carry out the reconciliation process and correct and adjust errors and discrepancies detected through the reconciliation process.

4. After reconciliation of revenue from services, the road traffic-related payment service provider shall synchronize information on transactions of electronic payment for road traffic activities with changes with the road traffic-related e-payment database system.

Article 22. Reimbursement of revenues from services

1. Based on the agreed data after performing daily reconciliation of revenues from services, the road traffic-related payment service provider shall transfer the entire amount corresponding to the collected service revenue according to reconciliation (including value added tax) at each collection point to the collection management unit after deducting the costs of organization, management and supervision of the collection of other charges, prices and fees for services as defined. The reimbursement time is specified in the collection service contract between the road traffic-related payment service provider and the collection management unit, but must not exceed 48 hours from the time of data closing. In case the banking system closed on public holidays and weekends leads to the transfer of money not completed through the banking system, the transfer will be made on the next working day, unless otherwise agreed by the parties.

2. The road traffic-related payment service provider shall be responsible for developing a process for implementing collection transactions for other charges, prices and fees for services; declaring and paying taxes on the enjoyed portion of costs for organization, management and supervision of collection of other charges, prices and fees for services in accordance with law regulations.

Article 23. Handling cases of exemption from other charges, prices and fees for services; collection of other charges, prices and fees for services on a monthly, quarterly or yearly basis

1. When passing through the collection points, vehicles for which other charges, prices and fees for services are exempted according to law regulations or provisions of collection management units with installed e-tags shall be automatically identified and allowed to pass through the collection points or confirmed to be exempt from payment.

2. Collection of other charges, prices and fees for services on a monthly, quarterly or yearly basis

a) In case the vehicle owner wishes to pay other charges, prices, fees for services monthly, quarterly or annually for one or several specific collection points, the road traffic-related payment service provider shall deduct money from the vehicle owner's payment instrument at the time of registration for monthly, quarterly or annual payment.

b) In case vehicles that have been registered for paying other charges, prices, fees for services on a monthly, quarterly or yearly basis pass through the registered collection points, the equipment system installed at the collection points shall not deduct money from the vehicle owners’ payment instrument. In addition to monthly, quarterly and annual payment to specific registered collection points, vehicle owners must make payment in accordance with regulations make payment charges, prices, fees for services at other collection points when necessary.

Article 24. Costs for organization, management and supervision of collection of other charges, prices and fees for services

1. Costs for organization, management and supervision of collection of other charges, prices, fees for services include cost paid for road traffic-related payment service providers and cost for management, operation and exploitation of the road traffic-related e-payment database management system.

2. The cost paid for road traffic-related payment service providers is determined in the collection service contracts between the road toll payment service providers and the collection management units.

Section 3

INFORMATION, REPORTING, INFORMATION CONFIDENTIALITY AND SAFETY

Article 25. Rights related to information and reporting

1. Competent agencies, the management unit of the road traffic-related e-payment database management system, and collection management units have the right to request electronic traffic-related payment service providers to provide relevant information about the transactions of electronic payment for road traffic activities periodically and suddenly.

2. Electronic traffic-related payment service providers and collection management units have the right to request vehicle owners to provide the information about their traffic accounts or relevant information about the transactions of electronic payment for road traffic activities when the vehicle owners use their services on the principle of compliance with Clause 3 Article 4 of this Decree.

Article 26. Obligations related to information and reporting

1. Electronic traffic-related payment service providers are obliged to report and provide information to the competent agencies in accordance with Clause 1 Article 25 of this Decree.

2. Electronic traffic-related payment service providers are obliged to provide the information about the transactions via traffic accounts to vehicle owners opening such traffic accounts as agreed.

Article 27. Cyberinformation security and confidentiality

1. Right to refuse to provide information

The unit operating the road traffic-related e-payment database management system, electronic traffic-related payment service providers and collection operators may refuse requests from organizations and individuals to provide information about vehicle owners, transactions of vehicle owners, except for cases where such requests are required by competent state agencies as prescribed by law regulations or with the consent of the traffic account holders.

2. Obligations to keep information confidential

The unit operating the road traffic-related e-payment database management system, electronic traffic-related payment service providers and collection operators shall be responsible for keeping confidential information related to vehicle owners and their transactions, unless otherwise provided by law.

3. Cyberinformation security

The unit managing the road traffic-related e-payment database management system, electronic traffic-related payment service providers and collection management units shall be responsible for protecting the information system of the system under the management responsibility in accordance with law regulations on cyberinformation security and electronic transactions.

Article 28. Assurance of safe payment

Electronic traffic-related payment service providers and collection operators must apply measures to assure safe payment in accordance with law regulations.  Vehicle owners shall take these measures as prescribed and guided by electronic traffic-related payment service providers.

Chapter V
RESPONSIBILITIES OF UNITS IN PAYMENT

Article 29. Responsibilities of the Ministry of Transport

1. Organize, inspect and supervise the electronic payment for road traffic activities, ensuring accuracy, objectivity and transparency.

2. Manage and control the operations of the electronic traffic-related payment system in accordance with law regulations.

3. Invest in, organize the management of, operate and exploit the road traffic-related e-payment database management system according to regulations.

4. Perform the duties of competent agency for projects subject road toll collection according to regulations; electronically pay charges, prices, and services within the scope of management related to vehicles’ traffic operations.

5. Handle, or propose the handling of, arising circumstances according to its competence.

6. Coordinate with the Ministry of Public Security to connect and share between the database on road traffic safety and order and components of the electronic traffic-related payment system.

Article 30. Responsibilities of relevant ministries, branches and localities

1. The Ministry of Public Security and the Ministry of National Defence shall:

Direct functional agencies under the Ministry of Public Security and the Ministry of National Defence to coordinate with the Ministry of Transport and the road toll payment service providers in installation of e-tags in vehicles serving public security or national defense purposes joining in traffic.

2. The Ministry of Finance shall

Assume the prime responsibility for, and coordinate with the Ministry of Transport in, managing and guiding electronic traffic-related payment service providers and collection management units to use e-invoices in accordance with the law on invoices in electronic payment for road traffic activities.

3. The Ministry of Information and Communications shall

a) Grant licenses of radio frequency use and handling of harmful interference (if any) for radio equipment in the electronic traffic-related payment system in accordance with law regulations on radio frequencies.

b) Guide and assist relevant units in ensuring information security, for components of the electronic traffic-related payment system in accordance with law regulations.

c) Inspect and supervise relevant units in complying law regulations in the field of information technology related to the electronic payment for road traffic activities.

d) Direct news agencies, press agencies, and grassroots information systems to promote propaganda and dissemination of benefits of, and law regulations on, electronic payment for road traffic activities.

4. Other ministries and branches shall

Perform tasks according to their functions and competence in electronic payment of charges, prices, and services related to vehicles’ traffic operations managed by the ministries and branches.

5. Provincial-level People's Committees shall

Perform the duties of competent agencies for projects subject road toll collection according to regulations; electronically pay charges, prices, and services within the scope of management related to vehicles’ traffic operations.

Article 31. Rights and obligations of a vehicle owner

1. Install e-tags on their vehicles at the most recent inspection or before the inspection deadline or when passing through a tollbooth for the first time or immediately when e-tags are lost or damaged due to the vehicle owner's fault or after the warranty expires. Pay the cost of e-tag installation to the road toll payment service providers in accordance with regulations.

2. Provide information to open a traffic account, declare and modify the information on traffic account in case of a change; provide necessary information for the electronic traffic-related payment service provider to refund money to the payment instrument linked to the vehicle owner's traffic account when necessary.

3. Perform the service of electronic payment for road traffic activities in accordance with the instructions of the electronic traffic-related payment service providers.

4. Coordinate with road toll payment service providers in carrying out the transfer of vehicle owners’ available toll collection accounts as defined in the Prime Minister's Decision No. 19/2020/QD-TTg dated June 17, 2020 to traffic accounts, and the connection between cashless payment instruments  and traffic accounts before October 01, 2025.

5. Read, understand the rights and obligations of vehicle owners and agree to comply with the regulations on confidentiality of personal data when providing and allowing the sharing of personal data of vehicle owners, electronic traffic-related payment service providers, collection management units and collection operators to identify, authenticate, process and store data in the process of providing services of electronic payment for road traffic activities for vehicles.

6. Decide on the use of the information about traffic accounts to make electronic payment for road traffic activities.

7. Pay charges, prices and services related to vehicles’ traffic operations according to regulations.

8. Comply with traffic-related instructions when passing through the collection points.

Article 32. Rights and obligations of an electronic traffic-related payment service provider to vehicle owners

1. Provide instructions for use and warranty of the e-tags installed for the vehicle owners in case the electronic traffic-related payment service provider is also a road toll payment service provider.

2. Provide the guidance on use of services to vehicle owners.

3. Organize the receipt and processing of information on tracing requests and complaints from vehicle owners

a) Apply at least two forms of receiving information related to tracing requests and complaints, including via the switchboard (with recording, operating 24/7) and at the headquarters/branch of the electronic traffic-related payment service provider; ensure the authentication of basic information provided by the vehicle owner to the electronic traffic-related payment service provider;

b) The time limit for processing a tracing request or complaint shall not exceed 45 working days from the date of receipt of the vehicle owner's first tracing request or complaint.

4. Handling of tracing request or complaint results

a) Within at most 05 working days from the date of notify the results of tracing request or complaint to the vehicle owner, the electronic traffic-related payment service provider shall compensate the customer's losses according to the agreement and current law regulations, for losses arising not due to the fault of the vehicle owner and/or not falling under force majeure cases under the agreement on terms and conditions of service use.

b) In case the time limit for handling of the tracing request or complaint specified at Point b Clause 3 of this Article expires without determining the cause or fault of any party, within the next 15 working days, the electronic traffic-related payment service provider shall agree with the vehicle owner on a resolution plan or temporarily compensate the vehicle owner’s loss until there is a final conclusion from the competent agency clearly identify the fault and liability of the parties.

5. In case of detecting a case with signs of criminal activity, the electronic traffic-related payment service provider shall notify it to the competent state agency in accordance with the law on criminal procedure and report on it to the Department for Roads of Vietnam; at the same time notify in writing to the vehicle owners of the status of handling of tracing request or complaint. Handling of tracing request or complaint results is the responsibility of the competent state agency. In cases where the competent state agency concludes that there is no criminal element in the case, within 15 working days from the date of the competent state agency’s conclusion, the electronic traffic-related payment service provider shall negotiate with the vehicle owner on a plan to handle the results of the tracing request or complaint.

6. If no agreement can be reached among the electronic traffic-related payment service provider, the vehicle owner and relevant parties and/or they do not agree with the process of handling the tracing request or complaint, the dispute resolution shall be carried out in accordance with the law regulations.

7. Provide vehicle owners with guidance on collection, processing, use, and storage of personal data information and require them to confirm their consent before sharing part or all of their personal data information with relevant parties to serve the provision of electronic payment services for road traffic activities for vehicles.

8. Store operation data related to “Right to know”, “Right to consent”, “Right to access”, “Right to withdraw consent”, “Right to data deletion”, “Right to restriction of data processing”, “Right to data provision” of vehicle owners upon use of services.

9. Implement measures to protect personal data in accordance with personal data protection standards and law regulations on personal data protection; protect the legitimate rights and interests of vehicle owners and of electronic traffic-related payment service providers during the processing of personal data.

Article 33. Other rights and obligation of electronic traffic-related payment service providers

1. For collection management units

a) Sign contracts on collection service provision with the collection management units; exercise rights and obligations under the signed contracts;

b) Refund revenue in accordance with regulations.

2. Develop and promulgate professional processes in accordance with Articles 16, 17, 21 and 22 of this Decree.

3. Synchronize information on traffic accounts and on transactions of electronic payment for road traffic activities to the road traffic-related e-payment database system in accordance with this Decree.

4. Notify the offices of traffic police when detecting cases of vehicles with fake license plates or license plates not issued by competent agencies for timely prevention and handling.

5. Implement reporting regime as prescribed.

6. Declare and pay taxes, charges and fees in accordance with the law on taxation, charges and fees.

7. Open an account in the commercial banks to receive money from electronic payment for road traffic activities made by vehicle owners.

8. Provide images, travel information, and travel schedules of vehicles when requested by competent agencies.

9. Other contractual responsibilities with relevant units, in accordance with this Decree.

Article 34. Rights and obligations of collection operators

1. Perform tasks assigned by collection management units or perform according to the collection service contracts signed with the collection management units. Coordinate with authorities of the localities where the collection points are located to maintain security and order during the process of electronic payment for road traffic activities, ensure traffic safety, avoid traffic congestion, ensure that no negative phenomena, obstructions, or inconveniences occur during the electronic payment for road traffic activities; promptly handle acts of violation during the payment process.

2. In case the equipment system installed at a collection point malfunctions or is damaged, the collection operator must promptly report to the competent agency or report to the collection management unit; at the same time, promptly fix the system's errors. Troubleshooting time is no more than 48 hours from the time the system malfunctions or breaks down. During the troubleshooting time, the collection operator must make public announcements at the collection point and on the media and mass media; take measures to ensure quick and safe collection, avoid traffic congestion, and take measures to monitor and prevent revenue loss.

3. Perform professional processes promulgated by electronic traffic-related payment service providers.

4. Synchronize information on the transactions of electronic payment for road traffic activities to the road traffic-related e-payment database system in accordance with this Decree.

5. Implement measures to protect personal data in accordance with personal data protection standards and law regulations on personal data protection; protect the legitimate rights and interests of vehicle owners and of the collection operators during the processing of personal data.

6. Other contractual responsibilities with relevant units, in accordance with this Decree.

Article 35. Rights and obligations of collection management units

1. Assume the prime responsibility for the development and approval of procedures for electronic payment for road traffic activities in conformity with the forms and methods of electronic payment at the collection points; internal regulations on inspection, handling of violations, and handling of incidents during the implementation of electronic payment for road traffic activities.

2. Implement or sign contracts to assign the collection operators to design, invest, construct, renovate, manage and operate the equipment system installed at collection points according to regulations.

3. Sign contracts on collection service provision with the electronic traffic-related payment service providers; exercise rights and obligations under the signed contracts.

4. Perform professional processes promulgated by electronic traffic-related payment service providers.

5. Implement reporting regime as prescribed.

6. Declare and pay taxes, charges and fees in accordance with the law on taxation, charges and fees.

7. Implement measures to protect personal data in accordance with personal data protection standards and law regulations on personal data protection; protect the legitimate rights and interests of vehicle owners and of the collection management units during the processing of personal data.

8. Other contractual responsibilities with relevant units, in accordance with this Decree.

Chapter V
ORGANIZATION OF IMPLEMENTATION

Article 36. Transitional provisions

1. The non-stop electronic toll collection that are carried out in accordance with the Prime Minister’s Decision No. 19/2020/QD-TTg dated June 17, 2020 shall continue to be implemented until July 01, 2026.

2. Road toll collection service providers defined in the Prime Minister's Decision No. 19/2020/QD-TTg dated June 17, 2020 are the road toll payment service providers specified in this Decree.

3. Road toll payment service providers shall continue to collect the road toll in accordance with regulations on non-stop electronic toll collection defined in the Prime Minister's Decision No. 19/2020/QD-TTg dated June 17, 2020 on non-stop electronic toll collection until July 01, 2026.

4. Road traffic-related payment service providers and road toll payment service providers shall connect between the administration system and the data center for connection and sharing of information about the traffic accounts until July 01, 2026. The expenses for connection shall be agreed by the parties.

5. Relevant agencies and units shall adjust project contracts and related contents that have applied Decision No. 19/2020/QD-TTg dated June 17, 2020 of the Prime Minister to comply with this Decree. The addition of the electronic payment service for road traffic activities to the contracts signed between the road toll collection service providers regulated by Decision No. 19/2020/QD-TTg dated June 17, 2020 of the Prime Minister and the competent agencies shall be based on their negotiation and contract adjustment.

6. Road toll payment service providers shall complete the transfer of vehicle owners’ toll collection accounts as defined in the Prime Minister's Decision No. 19/2020/QD-TTg dated June 17, 2020 to traffic accounts connected with payment instrument of the vehicle owners before October 01, 2025.

7. Road toll payment service providers shall complete the transfer of money from vehicle owners’ toll collection accounts as defined in the Prime Minister's Decision No. 19/2020/QD-TTg dated June 17, 2020 to the vehicle owners’ payment instrument connected with traffic accounts before October 01, 2025.

Article 37. Effect

1. This Decree takes effect on October 01, 2024.

2. The road traffic-related e-payment database management system shall operate from July 1, 2026. The contents concerning the road traffic-related electronic payment database management system defined in this Decree take effect on July 01, 2026.

Article 38. Responsibility of implementation organization

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations, individuals shall take responsibility for the implementation of this Decree./.