Decision No. 19/2020/QD-TTg dated June 17, 2020 on non-stop electronic toll collection

DECISION

ON NON-STOP ELECTRONIC TOLL COLLECTION

Pursuant to the Law on Government organization dated June 19, 2015;

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

Pursuant to the Law on Prices dated June 20, 2012;

At the request of the Minister of Transport;

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

Chapter I

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Article 1. Scope

This Decision sets forth non-stop electronic toll collection (hereinafter referred to as ETC) from statutory vehicles nationwide.

Article 2. Regulated entities

This Decision applies to organizations and individuals relating to toll collection.

Article 3. Interpretation of terms

For the purpose of this Decision, these terms below shall be construed as follows:

1. “road vehicle” means a road motor vehicle or a heavy-duty vehicle subject to the toll.

2. “vehicle user” means the road vehicle’s owner or a person that is authorized by the road vehicle’s owner to possess or use the road vehicle subject to the toll.

3. “transponder” means an electronic device equipped on the road vehicle to communicate with the ETC system under passive RFID-based standards for wireless communication and store information about road vehicle safety and emission inspection.

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5. “identification number” means a number issued by an ETC provider to a road vehicle equipped with a transponder.

6. “Competent Authority”, for the purpose of this Decision, shall be understood as the Ministry of Transport in case of projects of road infrastructure for which a toll is charged for passage (tolled road infrastructure for short) under management of the Ministry of Transport and projects of Vietnam Expressway Corporation; or the People’s Committee of province/central-affiliated city in case of projects of tolled road infrastructure under management of local governments.

7. “ETC provider” means an entity which is chosen by the Competent Authority to invest, construct, renovate, manage and operate the ETC system so as to provide toll collection service.

8. “ETC account” means an account of a vehicle user opened at an ETC provider for toll payment purpose.

9. “investors” means organizations or individuals that make investment in construction projects or renovation of tolled road infrastructure.

Article 4. ETC principles

1. Make ETC more effective, transparent and modern.

2. Ensure the investor’s right to collect toll under a project contract concluded with the Competent Authority.

3. Meet the requirements pertaining to interconnectivity between ETC systems, between Manual Toll Collection (MTC) system and ETC system at every toll booth and the entire system; each vehicle is only equipped with 1 transponder to be used for every toll booth nationwide; the management, operation and collection at toll booth (also including mixed-used toll lane), after application of ETC, shall be solely done by one unit.

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5. Ensure information shall be integrated and provided adequately and promptly for state management purpose as prescribed by law.

6. Increase the speed of vehicles going through a toll booth, reduce environment pollution, save social costs, facilitate cashless payments and bring convenience to users.

Chapter II

ELECTRONIC TOLL COLLECTION

Article. Operation of ETC

1. Time for operation of ETC

a) A toll booth which has installed the ETC system must operate ETC as soon as possible.

b) A toll booth which has been operating but has not been installed with the ETC system must, no later than December 31, 2020, operate the ETC as per this Decision.

c) A toll booth under management of Vietnam Expressway Corporation shall have its time for performance subject to consideration of the Ministry of Transport and Committee for Management of State Capital at Enterprises based on the sources of funds of the project.

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3. Depending on particular conditions in each toll booth, the Competent Authority shall consider:

a) maintaining 1 mixed-used lane (applying both ETC and MTC) on one direction of traffic at that toll booth.

b) the date when converting the mixed-use lane specified in point a hereof to ETC lane and ETC will apply to the entire toll collection system.

c) suspending and time for suspension of toll collection with respect to toll booths which have not operated ETC as prescribed in points a and b, clause 1 hereof and clause 3 Article 7 of this Decision owning to the fault of the investor.

d) collecting toll with the ETC system with regard to toll booths remaining payback time of which are under 3 years in an effective, public and transparent manner.

Article 6. The ETC system

1. The ETC system is constituted by:

a) a central operating system;

b) a surveillance, maintenance, and customer care center.

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d) a data center.

dd) a data transmission system.

e) an equipment system assembled at the toll booth.

g) transponders mounted on road vehicles.

h) Other system, equipment, and components to ensure operation of the ETC system; ensure interconnectivity between ETC systems, between MTC and ETC system at every toll booth and in the entire system.

2. The ETC system must be designed, installed, and constructed synchronously nationwide and operated in a continuous, prompt, accurate, effective and safe manner.

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

1. The ETC system shall be designed, constructed, renovated, managed, operated and maintained in accordance with national standards and regulations as per relevant law.

2. The preparation, appraisal and approval of ETC projects or projects with ETC component; the preparation, appraisal and approval of engineering design and estimates following fundamental design shall be done in accordance with applicable law.

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Article 8. Management and maintenance of toll booths

1. An ETC provider is responsible for operating and maintaining the components and equipment used for toll collection under their management. The cost incurred in management, operation and maintenance shall be included in the financial plan of the ETC project.

2. The investor shall operate and maintain the components and equipment, other than those specified in clause hereof. The cost incurred in management, operation and maintenance shall be included in the financial plan of project of tolled road infrastructure.

3. Any arising problem in conjunction with handover, management, operation and maintenance of components and equipment of toll booths shall be decided by the Competent Authority.

Article 9. Transponders mounted on road vehicles

1. Road vehicles subject to toll and vehicles exempt from toll (ambulances, fire trucks, security-specialized vehicles, vehicles using ticket “Phí đường bộ toàn quốc” (toll nationwide)) shall be equipped with a transponder.

2. The transponder shall be mounted on the vehicle by a motor road vehicle registry or an agency authorized by the ETC provider. The Ministry of Public Security, the Ministry of National Defense shall cooperate with the Ministry of Transport and ETC providers in mounting transponders on road motor vehicles which are used for security and national defense purposes.

3. A vehicle user is exempt from the expense associated with transponder mounting for the first time before December 31, 2021. From December 31, 2021, the vehicle user shall pay a given fee for mounting a transponder to the ETC provider.

Article 10. Opening an ETC account

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2. Each ETC account may be used for paying tolls charged to multiple vehicles, but each vehicle’s toll is paid solely from an ETC account.

3. An ETC account shall be stored in the data base of toll collection system, containing:

a) Contact information of the vehicle user: ID number or passport number; business identification number, place of residence address or head office address; phone number and email address receiving ETC invoices/documents.

b) Identification number of vehicle whose toll is paid from the ETC account.

c) Weight, number of seats, type, license plate.

d) Account balance, transaction history.

4. In case of any change of information prescribed in Point a, Point c Clause 3 of this Article, the vehicle user shall, within 10 days from the day on which the change occurs, notify the ETC provider to update such change in the ETC system.

5. Within 5 days after receiving such a notice of change as prescribed in point c clause 3 hereof, the motor vehicle registry shall update such change on the ETC system.

Article 11. Using an ETC account

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2. A road vehicle with transponder which has not enough balance in the ETC account to pay a toll on ETC lane must change to the mixed-use lane.

3. The ETC provider shall open an account in a commercial bank to receive tolls charged to vehicle users going through ETC booths.

4. The ETC provider is responsible for managing the amount of money that vehicle users topped up the accounts of the ETC provider as per the law.

Article 12. Actions against exemption from monthly collection, quarterly collection, annual collection and other arising cases

1. A vehicle exempt from toll as per the law, equipped with a transponder, when going through an ETC lane, will be automatically identified and allowed passage through the toll booth. Other vehicles exempt from toll shall use mixed-use lanes to go through toll booths.

2. Monthly, quarterly or annual collection

a) If a vehicle user wishes to pay monthly, quarterly or annual toll at one or certain ETC booth(s), the ETC provider shall deduct an amount equivalent to one-month toll, one-quarter toll or one-year toll from the ETC account at the time of registration.

b) When the vehicle that has registered monthly, quarterly, annual payment goes through such registered ETC booth, the ETC provider may not deduct any amount of money from the vehicle user’s ETC account. The road vehicle user shall both make monthly or quarterly payments to the registered ETC booth and maintain sufficient ETC account balance so as to go through other ETC booths.

Article 13. Cost incurred in ETC operation

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2. The Competent Authority shall determine the cost incurred in ETC operation upon approval for the feasibility study report of the ETC project in accordance with the plan for investment, construction, renovation, management, operation and maintenance at every toll booth. This cost shall be determined officially in the Contract between the Competent Authority and the ETC provider and included in the financial plan of the toll road project.

Article 14. Receiving tolls

1. The ETC provider shall refund total amount of tolls collected from ETC booths to the investor for capital recovery as prescribed in the project contract, after deducting the cost incurred in ETC operation. The time for and method of transfer of money shall be agreed by the investor and the ETC provider provided that the transfer shall be done no later than 24 hours since the previous transfer except for exception circumstances as agreed in the agreement on toll collection service.

2. The investors and ETC providers shall file tax returns, remit payments, and do accounting as prescribed by law.

3. The ETC provider shall reimburse in full to the investor any loss of revenue by a cause for which the ETC provider is responsible.

Article 15. Cost incurred in operation, management and supervision of toll collection

1. Cost incurred in operation, management and supervision of toll collection means total expenses that the investor uses to operate, manage and supervise the toll collection (including ETC and MTC).

2. Cost incurred in operation, management and supervision of toll collection shall be agreed between the Competent Authority and the investor according to the principle that the cost shall be determined accurately and sufficiently and accordant with the law.

Article 16. ETC proof of payment

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2. No paper proof of payment is allowed for ETC. Where appropriate, electronic proof of payment may be printed for checking and comparison purpose as required by the regulatory agency.

Chapter III

IMPLEMENTATION

Article 17. Responsibilities of the Ministry of Transport

1. Initiate and inspect the ETC, ensure the accuracy, impartiality and transparency.

2. Control the operation of ETC system as prescribed by law.

3. Provide single guidance on traffic flow for toll booths (division of road for traffic, placement of signs in advance of toll booths, speed and distance signs on ETC lane, road surface markings, etc.).

4. Review feasibility study reports, ETC project contracts (including content and format of the contract) and then make necessary adjustments in accordance with this Decision.

5. Expedite and direct the investors and ETC providers to enter into the ETC contracts to ensure progress of the project.

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7. Cooperate with the Ministry of Public Security and task forces to ensure social safety and order upon initiation of the ETC operation for recovering capital invested in the toll road projects.

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

1. The Ministry of Public Security, the Ministry of National Defense shall cooperate with the Ministry of Transport and ETC providers in mounting transponders on road motor vehicles to be used for security and national defense purposes.

2. The Ministry of Public Security shall cooperate with the Ministry of Transport, the People’s Committees of provinces and central-affiliated cities in division of road for traffic, guidelines provided for vehicles going through toll booths; imposing fines on violating vehicles as per the law.

Article 19. Responsibilities of the Ministry of Finance

1. Take charge and cooperate with the Ministry of Transport in instructing ETC providers to use electronic invoices as per the law on invoices in ETC operation.

2. Guide the investors and ETC providers to fulfill tax liabilities in respect to toll collection.

Article 20. Responsibilities of the Ministry of Information and Communications

1. Provide guidelines for using radio frequencies in the ETC system; protect frequencies of ETC equipment and respond to circumstances causing infringement to cyber security.

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3. Inspect and oversee ETC providers in implementing regulations of law on information technology in connection with ETC.

4. Direct news agencies and press agencies to boost the propagation of benefits of ETC as well as regulations of law and directions of the Prime Minister regarding ETC.

Article 21. Responsibilities of the State Bank of Vietnam

1. Cooperate with and guide ETC providers to implement regulations of law on banking sector related to ETC payment.

2. Cooperate in and provide guidelines for all matters concerning account inter-connectivity and approaches to interests on ETC-related accounts as per the law.

Article 22. Responsibilities of a road vehicle user

1. Have a transponder mounted on the road vehicle in the latest test, or before the deadline for test, or when getting through a toll booth for the first time, or as soon as possible after a transponder is lost or damaged. Pay the ETC provider a certain fee for mounting the transponder as per clause 3 Article 9 hereof.

2. Refrain from destroying, forging, or intervening contents of the transponder, pass the transponder from a road vehicle to another road vehicle.

3. Provide information necessary for opening an ETC account, make declaration and change of account's information when any change occurs; provide the ETC provider with information necessary for refunding tolls to the account if necessary.

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5. Comply with guidelines for passage through toll booths.

6. Give notice or declaration of using ticket of toll nationwide to the ETC provider for updating in the ETC system nationwide.

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

Determine sources of funds covering initiation of the ETC system at expressway projects under management of Vietnam Expressway Corporation.

Article 24. Responsibilities of the Competent Authority

1. Initiate the ETC in comprehensive manner and ensure interconnectivity and time schedule.

2. If the Competent Authority if the Ministry of Transport: Choose appropriate ETC providers to provide the ETC service consistently and efficiently.

3. If the Competent Authority is the People's Committee of province: If it is impracticable to operate an ETC system by their own, the People’s Committee of province should choose an ETC provider selected by the Ministry of Transport for toll booths under their management, ensure effectiveness, time schedule and interconnectivity in the ETC system nationwide.

4. Take charge and cooperate with the investor to make necessary adjustments to the project contract for operating ETC.

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6. Approve the request of the investor to design, invest, construct, renovate, manage, operate and maintain the ETC system and equipment by their own at toll booth to ensure the system operates in a safe, effective, consistent, and synchronous manner as per regulation.

7. Decide and agree the costs prescribed in Article 13 and Article 15 of this Decision.

8. The People's Committee of province shall cooperate with the Ministry of Public Security and the Ministry of Transport in ensuring social safety and order upon initiation of toll collection in the province.

Article 25. Responsibilities of an investor of tolled road infrastructure

1. Cooperate with an ETC provider in investment, construction, renovation, management, operation and maintenance of the ETC system at toll booths as prescribed.

2. Cooperate with the Competent Authority in making necessary adjustments to the project contract so as to convert to the ETC form.

3. Conclude a service agreement with an ETC provider for operation.

4. Authorize the ETC provider to issue ETC proof of payment to vehicle users.

5. Oversee the toll collection (including ETC and MTC) relating to the project managed and operated by the investor.

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Article 26. Responsibilities of an ETC provider

1. Invest, construct, renovate, manage, operate the ETC system as per Article 7 hereof; collect tolls with sufficient amount and from statutory entities as prescribed by law; ensure that the ETC system will operate continuously and strictly protect the cyber security of the system; do not intervene resulting in falsifying information, data of ETC; maintain confidentiality of vehicle users as prescribed by law.

2. Provide manuals and warranty of transponders; open and manage ETC accounts as per the law; keep details of vehicle owners; provide details about balance and transaction history at the request of the account holder.

3. Negotiate and enter into an ETC service agreement, take over the electronic toll collection promptly and strictly to the road map; issue ETC proof of payment to vehicle users under authorization of the investor.

4. Send reports on amount of collected tolls to the investor and the Competent Authority, enable the Competent Authority and the investor to inspect and oversee the ETC operation.

5. Notify the Competent Authority of any road vehicle user’s violation against law as prescribed by law.

6. Send quarterly reports on progress of ETC operation to competent authorities and irregular reports upon any occurrence of issues.

7. Continuously expand the channels to issue transponders to facilitate the mounting of transponders on road vehicles.

8. Connect and share data from the ETC system to the Ministry of Transport and relevant regulatory bodies for the state management in transport.

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10. Ensure the interconnectivity and collate and check data with ETC systems of other ETC providers.

11. In the course of operating the ETC system, an ETC provider is allowed to propose expansion of new service in consideration of social benefits, effectiveness of the project and with the approval of the Competent Authority.

12. Initiate the installation and completion of toll booth in the project within 6 months after concluding the service agreement and receiving premises at the booth.

Article 27. Transitional provision

1. Any work performed before the date of entry into force of this Decision shall comply with Decision No. 07/2017/QD-TTg dated March 27, 2017 of the Prime Minister.

2. Relevant agencies shall make necessary adjustments to feasibility study reports, project contracts and relevant contents in accordance with this Decision.

3. Other cases shall be subject to decision of the Prime Minister in consideration of proposal of the Ministry of Transport.

Article 28. Entry in force

This Decision comes into force as of August 1, 2020 and supersedes Decision No. 07/2017/QD-TTg dated March 27, 2017 of the Prime Minister on non-stop electronic toll collection.

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Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decision./.

PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Trinh Dinh Dung