Decree 130/2024/ND-CP expressway toll applicable to vehicles traveling on expressway routes owned by the entire people

DECREE

Providing regulations on collection of expressway toll applicable to vehicles traveling on expressway routes owned by the entire people, of which the State represents the owner and directly manages and operates

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

Pursuant to the Law on the State Budget dated June 25, 2015;

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

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

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to Clause 3 Article 50 and Clause 1 Article 84 of the Law on Roads dated June 27, 2024;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree providing regulations on collection of expressway toll applicable to vehicles traveling on expressway routes owned by the entire people, of which the State represents the owner and directly manages and operates.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the collection of expressway toll applicable to vehicles traveling on expressway routes owned by the entire people, of which the State represents the owner and directly manages and operates (hereinafter referred to as collection of expressway toll), including:

1. Conditions and time of collection of expressway toll.

2. Rates, collection, payment, exemption, management and use of expressway toll under the Ministry of Transport's management.

Article 2. Subjects of application

This Decree applies to agencies, units and individuals involved in the collection, payment, management and use of expressway toll applicable to vehicles traveling on expressway routes owned by the entire people, of which the State represents the owner and directly manages and operates.

Chapter II
GENERAL PROVISIONS ON COLLECTION OF EXPRESSWAY TOLL

Article 3. Conditions for collection of expressway toll

Expressways owned by the entire people, represented, directly managed and operated by the State, allowing the toll collection, include:

1. Expressways that meet the following conditions:

a) Being designed, invested to construct according to technical standards and regulations on expressways, and relevant technical standards and regulations;

b) Being completely handed over, and put into operation under the Law on Roads, the law on construction and relevant laws;

c) Having a scheme on property exploitation, that is approved by the competent person in accordance with the law on management and use of public property.

2. For expressways of which the investment policies have been decided before the effective date of the Law on Roads, if they fail to meet the requirements of Clause 1, Article 45, Clause 2, Article 47 of the Law on Roads when being put into operation, the toll collection shall be implemented after completing the construction and installation of toll station infrastructure, equipment for toll collection; public service works at roadside service stations; technical infrastructure, technological equipment for traffic management and operation and having a scheme on property exploitation approved by a competent person in accordance with the law on management and use of public property.

Article 4. Time for collection of expressway toll

Expressway toll shall be collected after the conditions prescribed in Article 3 of this Decree are satisfied, and the selection of road toll payment service providers and collection operators.

Article 5. Toll-liable vehicles and toll payers

1. Vehicles subject to expressway toll are classified into the following 5 groups:

a) Group 1 includes the following vehicles: Vehicles of under 12 seats, trucks with a load capacity of under 2 tons; public buses of all types;

b) Group 2 includes the following vehicles: Vehicles of between 12 and 30 seats; trucks with a load capacity of between 2 and under 4 tons;

c) Group 3 includes the following vehicles: Vehicles of 31 seats or more; trucks with a load capacity of between 4 and under 10 tons;

d) Group 4 includes the following vehicles: Trucks with a load capacity of between 10 and under 18 tons; container trucks of under 40 feet;

dd) Group 5 includes the following vehicles: Trucks with a load capacity of 18 tons or more; container trucks of 40 feet or more.

2. Toll payers mean organizations and individuals possessing or driving or managing vehicles subject to expressway toll specified in Clause 1 of this Article, who have to pay expressway toll, except for the cases specified in Article 6 of this Decree.

Article 6. Toll-unliable vehicles

Vehicles exempted from expressway toll when traveling on expressway routes of which the State represents the owner and directly manages and operates, include:

1. Ambulances.

2. Fire engines of the Fire Prevention, Fire Fighting and Rescue Police force and fire engines of other forces mobilized for firefighting tasks with priority signals as prescribed by law.

3. Vehicles exclusively used for national defense, including those bearing number plates: with a red background and engraved white letters and numbers and fitted with specialized equipment for national defense (including tank trucks, cranes, vehicles carrying armed forces in operation being cars with 12 or more seats, trucks with seats fitted in the roofed body, control vehicles, military inspection vehicles, specialized vehicles for carrying prisoners, rescue and salvage cars, satellite communication vehicles and other special-use vehicles serving national defense), vehicles on emergency duty using one of the priority signals prescribed by law in case of emergency duty.

4. Special-use vehicles of units under the organizational system of the public security forces include:

a) Traffic police patrol cars with the following characteristics: rotating light is installed on the roof of the car and the words “TRAFFIC POLICE” are printed on both sides of the car;

b) Cars of the 113 police with the words “POLICE 113” printed on two sides of the car body;

c) Mobile police cars with the words “MOBILE POLICE” printed on two sides of the car body;

d) Trunks with seats fitted in the roofed body of the public security forces on duty;

dd) Special-use cars carrying prisoners; rescue and salvage cars and other special-use vehicles of the public security forces;

e) Special-use vehicles (satellite communication vehicles, bulletproof vehicles, anti-terrorism and anti-riot vehicles and other special vehicles of the public security forces);

g) Public security forces’ vehicles on emergency missions using priority signals as prescribed by law.

5. Vehicles exclusively used for funeral, including:

a) Vehicles with specialized structure for funeral services (including hearses, refrigerated trucks used to store and transport bodies);

b) Related vehicles for funeral services (including passenger vehicles accompanied by hearses, flower trucks, photo procession vehicles) that are used only for funeral activities and the vehicles whose registration certificates bear the name of the funeral service providers. The funeral service providers must make a written commitment that these vehicles shall be used only for funeral activities and send it to the e-payment service providers (specifying the number of vehicles and plates for each type).

6. Motorcades led by police cars.

7. Vehicles of the national defense forces participating in exercises, force maneuvers, and transporting weapons and equipment, led by specialized military vehicles.

8. Public security and defense forces’ vehicles using national road tickets as prescribed in Clause 2 Article 8 of this Decree.

9. Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency.

10. Vehicles employed in transporting medicine, machinery, equipment, supplies, and goods to disaster-stricken areas or to epidemic areas in accordance with the law on emergency situations in the event of major disasters or dangerous epidemics.

Article 7. Toll collection management agencies, road toll payment service providers, collection operators, expressway toll collection franchisors, and toll collection franchisees

1. Toll collection management agencies (hereinafter referred to as collection management agencies) mean the road management agencies that directly organize the exploitation of expressway infrastructure property.

2. Road toll payment service providers mean organizations selected by the collection management agencies or competent agencies to provide online road traffic payment services for expressway toll.

3. Collection operators mean organizations selected by the collection management agencies or competent agencies to provide services of operating equipment system installed at collection points.

4. Expressway toll collection franchisors mean road management agencies that are assigned to sign the expressway toll franchise contract.

5. Expressway toll collection franchisees mean organizations that sign a contract to receive the transfer of the right to collect expressway toll in accordance with the law on management and use of public property.

Article 8. Documents for collecting expressway tolls and national road tickets for cars of national defense and public security forces

1. Expressway toll receipt means a document issued in electronic form in accordance with the law on electronic documents.

2. National road tickets applicable to cars of national defense and public security forces, that have already paid road tolls collected through the vehicle, including:

a) The national road ticket applies to vehicles of the Ministry of National Defense bearing red-background number plates, with white letters and numbers, but not vehicles bearing other number plates (including vehicles of the Ministry of National Defense not bearing red-background number plates). The National road ticket applicable to national defense vehicles must show the following information: the issuing agency (the Department for Roads of Vietnam) and type of vehicle, either military car or military truck. It has a size of 12 cm by 8 cm and a red background with white letters and numbers; number plate;

b) The national road ticket applicable to vehicles of the Ministry of Public Security shows must show the following information: the issuing agency (the Department for Roads of Vietnam) and type of vehicle, including 2 types (cars of under 7 seats and cars of 7 seats or more, passenger cars, trucks, special-use vehicles). It has a size of 12 cm by 8 cm and a yellow background with a vertical red line at the position 1/3 of the ticket from the left side with black letters and numbers; number plate.

3. National road tickets are issued as follows:

a) Before October 15 every year, the Ministry of National Defence and the Ministry of Public Security shall prepare a national estimate of the number and types of road tickets with specific classifications of applicable vehicles and send it to the Department for Roads of Vietnam;

b) The Department for Roads of Vietnam shall print and issue national road tickets every December. The validity period of national road tickets is from January 1 to December 31 every year;

c) After December 15^th of each year, the representative of the Ministry of National Defence or the Ministry of Public Security shall bring the letter of introduction from the Ministry of National Defence or the Ministry of Public Security, clearly stating the full name and position of the person requesting the ticket; the number and type of tickets to be issued, along with the citizen identity card to the Department for Roads of Vietnam to be issued the ticket. The Department for Roads of Vietnam shall provide national road tickets with the requested quantity and type. The agency that is granted the tickets shall manage and use the national road tickets in accordance with the law.

Chapter III
PROVISIONS ON RATES, COLLECTION, PAYMENT, MANAGEMENT AND USE OF EXPRESSWAY TOLLS

Article 9. Toll and toll rates for use of expressways under the Ministry of Transport's management

1. Expressway tolls shall be determined based on the actual distance traveled by the vehicle (km) and the charge corresponding to each type of vehicle (VND/km).

2. Expressway toll rates applicable to vehicles traveling on expressway routes under the Ministry of Transport's management are specified in the Appendix to this Decree.

3. Based on the rates specified in Clause 2 of this Article, the rates applicable to each expressway route or section shall be specifically determined in the scheme on property exploitation approved by the competent agency as prescribed.

Article 10. Management and use of expressway tolls in case the road management agencies directly organize the exploitation of expressway infrastructure property

1. Collection management agencies shall open accounts at the State Treasury to manage expressway tolls, including accounts of tolls pending remittance into the state budget and accounts for service provision and toll collection.

2. Expressway tolls managed by central authorities shall be remitted to the central budget; and expressway tolls managed by local authorities shall be remitted to local budgets. Collection management agencies may retain a portion of the actual collected expressway toll amounts before submitting them to the state budget at a rate (%) to cover service provision and toll collection activities, specifically:

a) The retention rate and management and use of expressway tolls under the management of the localities shall be decided by the provincial-level People's Councils;

b) The retention rate for expressway tolls under the management of the Ministry of Transport is six point five percent (6.5%) of the actual collected expressway tolls, of which: Zero point two percent (0.2%) is used for the management of expressway toll collection by the toll collection management agency, to be spent in accordance with the law on fees and charges; six point three percent (6.3%) is used for the cost of hiring road toll payment services and the cost of hiring collection operators and related costs for toll collection, as detailed in Clause 3 of this Article.

3. Expressway tolls under the management of the Ministry of Transport shall be managed and used as follows:

a) The cost of providing toll collection services shall be determined based on the results of selecting the road toll payment service provider and the collection operator in accordance with the bidding law and relevant laws; the entire amount of expressway toll collection collected after deducting the cost of providing toll collection services under the toll collection service provision contract (the cost does not exceed six point three percent (6.3%) of the total actual toll collected), the road toll payment service provider shall transfer to the account of tolls pending remittance into the state budget of the collection management agency opened at the State Treasury. The time limit for money transfer must be no more than 48 hours, of which no more than 24 hours for the amount that has arisen on the toll collection account of the road toll payment service provider from the time of closing the reconciliation data. In case the banking system is closed on holidays, the payment will be transferred to the next working day;

b) The collection management agency shall determine the amount of tolls retained to be spent on service provision and toll collection activities; transfer the remaining amount (after deducting the cost of providing toll collection services under the toll collection service provision contract) to the account for service provision and toll collection of the collection management agency opened at the State Treasury; the remaining amount shall be paid to the state budget within no later than the 20^th of the following month and detailed according to the current state budget index;

c) The amount transferred to the account for service provision and toll collection of the collection management agency opened at the State Treasury shall be used to spend on the following tasks: Payment of the cost of hiring the collection operator (if any) under the contract; payment of the outstanding costs of the contract to hire a road toll payment service provider (in case the amount retained under the contract is lower than the cost of hiring a road toll payment service provider); costs for expressway toll management activities by the toll collection management agency.

On an annual basis, the collection management agency must settle revenue and expenditure according to regulations. After settling revenue and expenditure according to the regime, the amount of tolls retained and not spent in the year shall be transferred to the following year for continued spending according to the prescribed regime; in case after 2 years from the year of transfer, the transferred toll amount no longer has a spending task or the State's policy changes, the amount of tolls retained is not enough to cover the operating costs of the toll collector, the collection management agency must report to the specialized ministry, to report to the Ministry of Finance for submission to the state budget or submission to the competent agency for amending the retention rate accordingly.

Article 11. Management and use of expressway tolls in case of transfer of toll collection rights

1. The toll collection franchisees shall pay the franchised amount to the state budget according to the law on management and use of public property.

2. The toll amounts collected during the performance of the franchise contract, the franchisee is not required to make payment to the state budget, except for the turnover to be shared with the State as prescribed by law.

3. The management and use of the franchised amount shall comply with the law on management and use of public property, the law on the state budget, and relevant laws.

Chapter IV
IMPLEMENTATION ORGANIZATION

Article 12. Responsibilities of agencies, organizations and individuals

1. Collection management agency which is a road management agency directly organizing the exploitation of expressway infrastructure property shall:

a) Estimate the amount of expressway toll collection, the amount paid to the budget, prepare the budget estimate for management and toll collection in accordance with the law on the State budget, the law on fees and charges and the law on roads; report to the competent agency to assign the budget estimate in accordance with the Law on the State Budget;

b) Manage the collection, payment and use of expressway tolls in accordance with regulations; declare and pay collected expressway tolls on a monthly basis, and make annual settlements in accordance with regulations on tax administration;

c) Inspect the activities and revenue from providing expressway toll collection services of the collection operator and road toll payment service provider to ensure correct and sufficient collection and timely payment of expressway tolls into the account of tolls pending remittance into the state budget of the collection management unit; payment and settlement of service rental costs of the road traffic e-payment service provider, the collection operator under the service provision contract;

d) Report on the settlement of expressway tolls in accordance with the law on the state budget.

2. The expressway toll collection franchisor shall:

a) Manage the collection and payment of franchised value in accordance with the law and the signed contract;

b) Organize the inspection and supervision of the implementation of the toll collection franchise contract in accordance with the signed contract and relevant laws;

c) Inspect the toll collection activities of the toll collection franchisee to ensure correct and full collection;

d) Report on the settlement of the transfer contract management in accordance with regulations.

3. The expressway toll collection franchisee shall:

a) Pay the franchised amounts to the state budget in accordance with the law and the signed contract;

b) Make periodic and irregular reports according to regulations. Every year, send a revenue report with an audited financial statement as prescribed to the competent agency before March 31 of the following year to implement contract management according to regulations.

4. The collection operator shall:

a) Perform the task of reconciling toll collection data between the actual traffic volume and the toll collection volume of the road toll payment service provider to ensure correct and sufficient collection according to the regulations on expressway toll collection and the toll collection operation service contract;

b) Make periodic and irregular reports according to regulations. On an annual basis, send the final settlement report on expressway toll collection in the year to the collection management unit before January 30 of the following year for making of the finalization under the contract.

5. The road toll payment service provider shall:

a) Perform the task of reconciling toll collection data between the actual traffic volume and the toll collection volume with the collection operator according to the regulations on road traffic e-payment to determine the amount of expressway tolls to be collected; transferring the expressway toll amount on time to the toll collection management unit's account of tolls pending remittance into the state budget according to the regulations and the e-payment service provision contract.

In case the road toll payment service provider is also the collection operator, the road toll payment service provider shall reconcile toll collection data between the actual traffic volume and the toll collection volume to ensure correct and full collection according to regulations;

b) Make periodic and irregular reports according to regulations. On an annual basis, send the final settlement report on expressway toll collection in the year to the collection management unit before January 30 of the following year for making of the finalization under the contract.

6. The Ministry of Transport, People's Committees of provinces and centrally-run cities shall:

a) Inspect the organization and implementation of the management of toll collection for expressways under the management; organize propaganda to create consensus in society, ensure security and safety, promptly resolve issues arising during the toll collection process in accordance with law;

b) Synthesize the estimate of expressway toll collection in the annual budget estimate, send it to the Ministry of Finance at the same time as discussing the annual state budget revenue and expenditure estimate in accordance with the Law on the State Budget.

7. Expressway toll collection franchisors, and toll collection franchisees, collection operators, and road toll payment service providers shall make a final report on the management of the transfer contract; report on revenue; report on the final settlement of road tolls; make periodic and irregular reports in accordance with the contract and the regulations of the Ministry of Transport on the operation of road toll stations.

8. Road vehicle owners shall:

a) Pay expressway tolls as prescribed;

B) Notify and make declaration on types of vehicles using national road tickets for the collection management units and road toll payment service providers for updating in the entire non-stop electronic toll collection system.

Article 13. Effect

1. This Decree takes effect from October 10, 2024.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree./.