Quyết định 07/2017/QĐ-TTg của Thủ tướng Chính phủ về việc thu giá dịch vụ sử dụng đường bộ theo hình thức điện tử tự động không dừng

THE PRIME MINISTER

Decision No. 07/2017/QD-TTg dated March 27, 2017 of the Prime Minister 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;

Pursuant to the Law fees and charges dated November 25, 2015;

At the request of the Minister of Transport;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decision deals with non-stop electronic toll collection (hereinafter referred to as toll collection) from statutory vehicles nationwide and use of data from non-stop toll plazas for vehicle load control purpose.

Article 2. Subject of application

This Decision applies to organizations and individuals relating to non-stop toll collection and use of data from non-stop toll plazas for vehicle load control purpose.

Article 3. Interpretation of terms

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

1. Vehicle means a road motor vehicle or a heavy-duty vehicle subject to tolls.

2. Vehicle user means the vehicle’s owner or a person that is authorized by the vehicle’s owner to possess or use the vehicle subject to tolls.

3. Tag means an electronic equipment affixed to a vehicle to communicate with the toll collection system and store information about the tests of road motor vehicles in terms of technical safety and environment protection aspect.

4. Identification number means a number issued by a toll service provider to a vehicle when it is affixed to a tag.

5. Prepaid account means an account of a vehicle user opened at a toll service provider for toll payment purpose.

6. Non-stop toll plaza means a place where the non-stop electronic toll collection from vehicles using non-stop lanes takes place; such toll plaza is affixed with a tag reader and connects to the data center being created under an investment project approved by the competent authorities.

7. Investors mean organizations or individuals that make investment in construction projects or renovation of road infrastructure with toll charges.

8. Toll service provider means an entity which is chosen by the competent authorities to invest, construct, manage, and operate the toll collection system so as to provide toll collection service.

Article 4. Rules for toll collection

1. The non-stop toll collection will not lead to an increase in toll amounts compared to those of applicable collection methods.

2. The investor’s right to receive tolls under an approved project or a project contract concluded with a competent authority shall be respected.

3. Service user’s information security shall be respected, except for information to be provided under a decision of competent authority as prescribed by law.

4. Information shall be integrated and provided adequately and promptly for state management purpose as prescribed by law.

5. The transparency of toll collection shall be guaranteed.

6. Requirements for interconnectivity between toll collection systems shall be satisfied.

Chapter II

TOLL COLLECTION

Article 5. Toll collection system

1. A toll collection system consists of:

a) A central operating system;

b) A surveillance, maintenance, and customer care center;

c) A tag service center;

d) A data center;

dd) A data transmission system;

e) An equipment system assembled at non-stop toll plazas;

g) Tags affixed to vehicles;

h) Other available systems or equipment for operation of the toll collection system and the interconnectivity between toll collection systems.

2. The toll collection system must be designed, assembled, and constructed synchronously nationwide and operated continuously, promptly, accurately, effectively and safely.

3. The toll collection system shall be designed, assembled, managed, and operated by a toll service provider which is chosen by a competent authority as prescribed by law on bidding.

Article 6. Design, construction, and operation of non-stop toll plazas

1. Each non-stop toll plaza shall be designed, constructed, and operated in accordance with national standards for electronic toll collection system, technical regulations and standards, relevant law provisions, and approved by competent authorities.

2. In case of an ordinary toll plaza that has been constructed before the effective date of this Decision, the relevant toll service provider shall renovate its infrastructure and assemble the non-stop electronic toll collection system as prescribed in Clause 1 of this Article.

3. In case of an ordinary toll plaza that has not been constructed from the effective date of this Decision, the relevant investor shall build such non-stop toll plaza according to the design approved by a competent authority and ensure the synchronous connection with the toll collection system.

Article 7. Tags affixed to vehicles

1. A vehicle subject to tolls shall be affixed to with a tag in conformity with standards for passive radio frequency identification for wireless link.

2. The tag shall be affixed by a motor vehicle registration or an agency authorized by the toll service provider. Each toll service provider shall cooperate with relevant agencies of the Ministry of Public Security, the Ministry of National Defense in affixing tags to road motor vehicles to be used for security and national defense purposes.

3. A vehicle user is exempt from the expense associated with tag affixture for the first installation. If the tag is lost or damaged, the vehicle user shall, at his/her cost, have a new tag affixed to the vehicle, except for objective causes or technical defects.

Article 8. Opening and using prepaid accounts

1. A toll service provider shall open a prepaid account for a vehicle user in the toll collection system upon the first installation of a tag.

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

3. A prepaid 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 toll invoices/documents;

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

c) Essential information on the certificate of tests in terms of technical safety and environment protection: 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 toll service provider to update such change in the toll collection system.

5. In case of any change of information prescribed in Point c Clause 3 of this Article, the motor vehicle registration shall update such change in the toll collection system.

Article 9. Crediting money to prepaid account

1. A vehicle user will credit an amount of money to a prepaid account for making toll payments using one of the following methods:

a) Make wire transfer or use payment services of the bank;

b) Use scratch cards to credit money via phone messages or website of a toll service provider;

c) Pay cash at an agency authorized by a toll service provider;

d) Make payments through a payment intermediary;

dd) Other methods in accordance with regulations of law.

2. If a vehicle user has not credited money to a prepaid account, toll transactions shall take place in accordance with Clause 4 Article 10 of this Decision.

3. Each toll service provider shall open accounts in the system of commercial banks to receive tolls from vehicle users driving through non-stop toll plazas; issue scratch cards and authorize agencies to sell them to vehicle users for toll payment purpose.

Article 10. Actions against exemption from monthly collection, quarterly collection and other arising cases

1. A vehicle obtaining a ticket of toll nationwide will be identified and allowed passage through non-stop toll plazas.

2. When a vehicle eligible for exemption upon each passage as prescribed by law goes through a non-stop toll plaza, an amount of money will be deducted from the prepaid account, and then the toll service provider shall check and refund such amount of money to the prepaid account within 15 days from the date on which the transaction has taken place.

3. Monthly collection and quarterly collection

a) If a vehicle user wishes to pay monthly or quarterly toll at a registered non-stop toll plaza, the toll service provider shall deduct an amount equivalent to one-month toll or one-quarter toll from the prepaid account at the time of registration of monthly or quarterly payment.

b) When the vehicle that has registered monthly or quarterly payment goes through such registered non-stop toll plaza, the toll service provider may not deduct any amount of money from the vehicle user’s prepaid account. The vehicle user shall both make monthly or quarterly payments to the registered non-stop toll plaza and maintain sufficient prepaid account balance so as to go through other non-stop toll plazas.

4. Actions against arising cases:  If a prepaid account linked to a tag which is affixed to a vehicle going through a non-stop toll plaza is not enough to pay an toll amount, the toll service provider shall debit such amount from the account and give a notice to the vehicle user. The vehicle user must credit an amount to the prepaid account for abovementioned payment within 10 days from the date of receipt. If the vehicle user fails to credit amount for the payment upon expiration of the deadline, the toll service provider will refuse to provide services for such vehicle, file a lawsuit against the vehicle user or file a lawsuit as prescribed by law.

Article 11. Receiving tolls

1. The toll service provider shall refund total amount of tolls collected from non-stop toll plazas to the investor for capital recovery as prescribed in the project contract, excluding expenses associated with collection under the agreement on non-stop toll collection services.

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

Article 12. Non-stop toll vouchers

1. Non-stop toll vouchers shall be issued in electronic form. A non-stop toll voucher shall bear digital signature of the issuer agency as prescribed by law.

2. No paper voucher is allowed for non-stop electronic toll collection purpose.

Article 13. Vehicle load control

1. Each non-stop toll plaza that installs vehicle load control equipment shall connect and display load details of vehicles going through it.

2. The vehicle load control equipment shall be tested by competent authorities before it is put into operation and undergo periodic calibration and tests as prescribed by law.

3. A competent authority may use results obtained from vehicle load control equipment of non-stop toll plazas as a basis for taking actions against violations as prescribed by law.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 14. Responsibilities of the Ministry of Transport

1. Make public a road map to affix tags, oversee and ensure that non-stop electronic toll collection is initiated accurately, objectively, and transparently.

2. Control the toll collection system as prescribed by law.

3. Provide guidelines for using, managing, connecting data from the toll collection system for state management purposes; guidelines for fund transfer between investors and toll service providers as the basis for management and overseeing of capital recovery of investment projects by competent authorities.

4. Study and request the Government to stipulate penalties for violations against operation of non-stop toll plazas.

Article 15. Responsibilities of the Ministry of Public Security, the Ministry of National Defense

Direct relevant agencies affiliated to the Ministry of Public Security, the Ministry of National Defense in affixing tags to road motor vehicles to be used for security and national defense purposes.

Article 16. Responsibilities of the Ministry of Finance

Take charge and cooperate with the Ministry of Transport in instructing toll service providers to create, issue, and use electronic vouchers in non-stop electronic toll collection.

Article 17. Responsibilities of the Ministry of Information and Communications

1. Provide guidelines for using radio frequencies in toll collection system; protect frequencies of toll collection equipment and respond to circumstances causing information unsafety.

2. Instruct and enable toll service providers to ensure the information safety of toll collection system as prescribed by law.

3. Inspect and oversee toll service providers in implementing regulations of law on information technology in connection with non-stop electronic toll collection.

Article 18. Responsibilities of vehicle users

1. Have his/her vehicle affixed with a tag at the nearest test or before the deadline for test prescribed in the road map promulgated by the Ministry of Transport or as tag’s loss or damage.

2. Do not destroy, forge, or intervene contents of the tag, pass the tag from a vehicle to another vehicle.

3. Provide information necessary for opening a prepaid account of non-stop toll payment, make declaration and change of account s information when any change occurs; provide the toll service provider with information necessary for refunding tolls to prepaid accounts as prescribed in Clause 2 Article 10 of this Decision.

4. Make toll payments as prescribed.

5. Comply with guidelines for passage through non-stop toll plazas; do not drive a vehicle to which a tag has not been affixed through a non-stop lane.

6. Give notice or declaration of using ticket of toll nationwide to toll service providers for updating in the whole toll collection system.

Article 19. Responsibilities of competent authorities

1. Synchronously initiate the non-stop electronic toll collection in accordance with the stipulated road map.

2. Choose appropriate toll service providers to provide the service consistently and efficiently; assess and approve projects for non-stop electronic toll collection; assess and approve technical design, estimates of toll collection system as prescribed by law.

3. Approve template of agreement on non-stop electronic toll collection service; instruct the distribution of toll amounts to investors, toll service providers to ensure capital recovery of projects.

4. Take charge and cooperate with investors in amending project contracts to provide non-stop electronic toll collection services.

5. Take actions or propose actions against arising cases within their competence.

Article 20. Responsibilities of investors of road traffic infrastructure

1. Construct infrastructure of non-stop toll plazas as prescribed in Article 6 of this Decision; enable toll service providers to renovate and install equipment at non-stop toll plazas in accordance with national standards for electronic toll collection system, technical regulations and standards, relevant law provisions and technical designs approved by competent authorities.

2. Cooperate with competent authorities in amending project contracts so as to transfer to the form of non-stop electronic toll collection service.

3. Conclude an agreement on non-stop electronic toll collection service with toll service provider using the template approved the competent authority.

4. Authorize toll service providers to issue toll vouchers to vehicle users.

5. Oversee non-stop electronic toll collection service provided by toll service provider relating to the project managed and operated by the investor.

6. Hand over a non-stop toll plaza to toll service provider in accordance with the road map prescribed in Clause 1, Clause 2 Article 22 of this Decision.

Article 21. Responsibilities of toll service providers

1. Manage, operate the toll collection system; collect tolls with sufficient amount and statutory entities as prescribed by law; ensure that the toll collection system will operate continuously and strictly protect the system information safety; do not intervene resulting in falsifying information, data of non-stop electronic toll collection; maintain confidentiality of vehicle users as prescribed by law.

2. Build, renovate, install toll collection system as prescribed in Article 6 of this Decision; provide guidelines and warranty on tags; open and manage prepaid accounts, or receiving accounts as prescribed by law; store account holders information; provide account holders with information about balance and transaction history at their requests.

3. Negotiate and enter into an agreement on non-stop electronic toll collection service, take over the non-stop toll plazas promptly and strictly to the road map; issue electronic vouchers to vehicle users under authorization of the investor.

4. Send notices of results of non-stop electronic toll collection to the investor and competent authorities, enable the investor to inspect and oversee the non-stop electronic toll collection.

5. Notify competent authorities of any vehicle user’s violation against law as prescribed by law.

6. Send quarterly reports on progress of non-stop electronic toll collection to competent authorities and irregular reports upon any occurrence of issues.

7. Continuously expand the system of authorized agencies to facilitate the affixing tags to vehicles.

8. Connect and share data from the toll collection system to competent authorities and the Ministry of Transport for the state management in transport.

9. Send a proposal for assignment of a part or the whole of toll collection system to a foreign investor to a competent authority; the competent authority shall then submit it to the Prime Minister for consideration.

10. Ensure the interconnectivity and collate and check data with toll collections systems of other toll service providers.

Article 22. Road map to hand over the management and operation of toll plazas

1. With regard to projects of road traffic infrastructure on National Highway 1 and Ho Chi Minh road crossing the central highlands:

a) No later than December 31, 2018, investors shall hand over all toll plazas that have been operating to toll service providers so as to provide non-stop toll service as prescribed in this Decision. A particular road map shall be specified by a competent authority.

b) In case of a toll plaza being built after January 1, 2019, the investor shall hand over the operation and management of such toll plaza as soon as practicable after it is taken over by the toll service provider and put into service.

2. The management and operation of toll plazas under other projects of road traffic infrastructure shall be subject to competent authority’s decisions in conformity with the reality, providing that they are handed over to the toll service providers for non-stop toll collection no later than December 31, 2019.

3. The construction of toll plazas under new construction projects shall be consistent with this Decision.

Article 23. Effect

This Decision takes effect on May 15, 2017.

Article 24. Implementation

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./.

For the Prime Minister

The Deputy Prime Minister

Trinh Dinh Dung