Circular No. 34/2024/TT-BGTVT dated November 14, 2024 on operations of road toll stations

CIRCULAR

ON OPERATIONS OF ROAD TOLL STATIONS

Pursuant to the Law on Roads dated June 27, 2024;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government defining the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Road Administration;

The Minister of Transport promulgates a Circular on operations of road toll stations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular stipulates the operations of road toll stations.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the operations of road toll stations.

Article 3. Interpretation of terms

1. Operations of road toll stations include: the management, operation, maintenance, and upgrade of road toll stations; oversight of toll station activities; and responsibilities for managing road toll collection operations.

2. Road toll stations (hereinafter referred to as "toll stations") comprise toll station infrastructure and toll collection systems.

3. Toll station infrastructure includes: operation building; gantries and toll station gates (if any); road payments and lighting systems within the toll station's area; lane separation islands (if applicable); toll booths (if applicable); safety equipment and traffic safety systems at the toll station.

4. The operating system and data center of the toll payment service provider (hereinafter referred to as the Back-End system) refers to the system established in accordance with the regulations on electronic road payment.

5. The equipment system installed at the toll station, which directly interacts with vehicles passing through the station (hereinafter referred to as the Front-End system), includes electronic devices such as card readers, antennas, license plate recognition cameras, vehicle entry detection devices, high-speed barriers, and other hardware, software, and automation systems. The Front-End system connects with the Back-End system to send transaction information and retrieve data on vehicles and transponders.

6. The toll collection system comprises the Back-End system, the Front-End system, and the data transmission network.

7. The toll management unit for expressway toll collection is the toll management agency or the organization granted a concession to collect expressway tolls in accordance with the regulations on expressway toll collection for vehicles traveling on expressways publicly owned, directly managed, and operated by the State (hereinafter referred to as the regulations on expressway toll collection).

Chapter II

MANAGEMENT, OPERATION, MAINTENANCE, AND UPGRADE OF TOLL STATIONS

Article 4. Management, operation, maintenance, and upgrade of toll station infrastructure and Front-End system

1. Toll operation units are responsible for the management, operation, maintenance, and upgrade of toll station infrastructure and the Front-End system as assigned or under toll collection contracts with toll management units.

2. For toll stations collecting road usage fees as regulated by pricing laws (hereinafter referred to as tolls), costs associated with the management, operation, maintenance, and upgrade are sourced from revenues of tolls and accounted for in the financial plans of toll collection projects. If the toll payment provider simultaneously serves as the toll operation unit under a contract with a competent authority, the costs of management, operation, maintenance, and upgrade are included in the contractual terms with the competent authority.

3. For toll stations collecting expressway tolls from vehicles traveling on expressways publicly owned and invested, managed, and operated by the State (hereinafter referred to as expressway tolls), the costs of management and operation are sourced from expressway toll revenues, in accordance with expressway toll collection laws. The costs of maintenance and upgrade are drawn from financial resources specified in Clause 1, Article 42 of the Law on Roads.

Article 5. Management, operation, maintenance, and upgrade of the Back-End system and data transmission network

1. The toll payment provider is responsible for managing, operating, maintaining, and upgrade the Back-End system and data transmission network in accordance with laws on electronic road payment and the terms of contracts signed with competent authorities, unless the competent authority itself provides toll payment services.

2. The costs of management, operation, maintenance, and upgrade are sourced from revenues generated by electronic toll collection services and other lawful funding sources, as stipulated by law.

Article 6. Working hours, uniforms, and badges

1. Toll stations operate 24/7 throughout the year, including weekends and public holidays, except in cases of suspension or cessation of toll collection, as provided in Articles 22 and 23 of this Circular.

2. Employees working at toll stations must wear uniforms while performing their duties. The design of the uniform for toll station workers is determined by the toll operation unit, but it must include the insignia and emblem of the toll operation unit, as well as a name tag and job title placed in a clearly visible position.

Article 7. Forms of toll collection

The toll collection is implemented through electronic toll collection (ETC) and manual toll collection (MTC) methods.

1. The electronic toll collection method is an automated toll collection system where vehicles passing through toll stations are not required to stop to pay the tolls.

2. The manual toll collection (MTC) method is a toll collection system where vehicles make a single stop at the toll lane checkpoint to pay the toll when passing through the toll station.

Article 8. Toll collection data

1. Toll collection data includes traffic account information and toll transaction data.

2. Traffic account information consists of account details as specified by laws on electronic road payment.

3. Toll transaction data includes:

a) Files containing toll payment information as per laws on electronic road payment;

b) Files related to traffic volume, toll revenue, single-use tickets, monthly tickets, and quarterly tickets;

c) Video files from lane monitoring systems and panoramic surveillance systems.

4. Toll collection data must comply with regulations on electronic transactions and laws on cybersecurity.

5. Data retention policy for toll collection:

a) Minimum retention period of 1 year: Files containing panoramic surveillance videos;

b) Minimum retention period of 5 years: Files containing lane surveillance videos and captured images of vehicles passing through toll stations;

c) Retention from the commencement of toll station operations until 10 years after the liquidation of the PPP project contract or the cessation of toll station operations: files containing toll payment information (excluding vehicle images and license plate photos); files related to traffic volume, toll revenue, single-use tickets, monthly tickets, and quarterly tickets;

d) Retention of traffic account information files: From the time the traffic account is opened until 10 years after the account is closed.

Article 9. Toll collection data connectivity

1. Toll collection data shall be connected in compliance with current standards on toll collection, regulations on electronic road payment, and the requirements of competent authorities.

2. Toll payment providers must ensure data connectivity, sharing, and synchronization based on principles of readiness, feasibility, convenience, and cost-efficiency, avoiding duplication and waste as per this Circular and relevant legal provisions. Costs for data connectivity between Back-End systems are to be agreed upon by toll payment providers.

3. Toll collection data must be connected to the management database system for electronic road payment as prescribed by laws governing electronic road payment.

4. Data connectivity for toll collection must ensure transmission speed, redundancy, and compliance with security and data protection requirements in accordance with laws on electronic transactions and cybersecurity.

Article 10. Management and utilization of toll collection data

1. The Vietnam Road Administration manages and utilizes toll collection data from toll plazas through the database management system for electronic road payment; access transaction data on toll payments through login credentials and passwords provided for government authorities on the Back-End system of toll payment providers.

2. Province-level People's Committees shall organize the management and utilization of toll collection data from toll stations under their jurisdiction through the management database system for electronic road payment. They shall access transaction data on toll payments from toll stations under their management using login credentials and passwords provided for government authorities on the Back-End system of toll payment providers.

3. Toll payment providers shall manage and utilize toll collection data on the Back-End system in compliance with toll collection contracts and legal regulations on electronic road payment.

4. Toll management units and toll operation units shall manage and utilize toll collection data under the manual toll collection (MTC) at toll stations within their scope of management. These units must also synchronize and upload data on the transaction history of manual toll collection (MTC) at toll stations to the Back-End system of the toll payment provider.

5. Toll management units and toll operation units are authorized to access transaction data on toll payments from toll stations under their management using login credentials provided to access the Back-End system of toll payment providers.

6. Vehicle owners are entitled to access toll collection data via traffic accounts and electronic payment applications for vehicle owners on the Back-End system of toll payment providers.

7. The management and utilization of toll collection data must comply with legal provisions on electronic transactions, cybersecurity, and other relevant laws.

Article 11. Management and monitoring of toll station operations

1. Toll management units, toll operation units, and toll payment providers are responsible for monitoring and supervising toll station operations to ensure compliance with regulations. They must provide complete information, data, figures, and documents as requested by competent authorities regarding toll station operations during their operation.

2. The management, inspection, monitoring, and handling of violations related to toll station operations shall be carried out in accordance with this Circular, relevant legal provisions, and contractual agreements.

Chapter III

MANAGEMENT OF TOLLS

Article 12. Opening and use of accounts for receiving payments via electronic road payment

1. Toll payment providers shall open accounts with commercial banking systems to receive funds collected through electronic road payment (hereinafter referred to as "toll collection accounts") from vehicle owners.

2. All funds in toll collection accounts must be managed independently and separately from other funds of the toll payment provider. These funds may only be used for purposes stipulated in Clause 3 of this Article.

3. Toll collection accounts shall be used for the following transactions:

a) Refund of toll revenues to the toll management unit in accordance with legal regulations on electronic road payment;

b) Payment for electronic toll payment services to the toll payment provider and toll station operation services to the toll operation unit in cases where the toll payment provider also serves as the toll operation unit;

c) Reimbursement of amounts payable to vehicle owners.

Article 13. Reconciliation of revenue and fund transfers into toll collection accounts

1. Reconciliation of expressway toll revenues between the toll management unit, toll operation unit, and toll payment provider:

a) The toll operation unit shall reconcile expressway toll revenues with the toll payment provider as per the provisions in Clause 2 of this Article;

b) The toll management unit shall inspect the operations and toll revenue of the toll operation unit and the toll payment provider to ensure accurate and complete revenue collection.

2. Reconciliation of toll revenues between the toll management unit, toll operation unit, and toll payment provider:

a) Based on the data specified in Clause 3, Article 8 of this Circular, the toll payment provider shall reconcile daily toll revenue data immediately after the cutoff time (24 hours from the previous cutoff time) with the toll management unit. This reconciliation forms the basis for confirming the toll revenues collected during the day. The cutoff time shall be agreed upon in the toll collection service contract;

b) By the 5th of each month, the toll payment provider and the toll management unit shall reconcile and finalize the outstanding balances for the previous month;

c) Within 30 days after the end of each fiscal year, the toll payment provider and the toll management unit shall reconcile and settle outstanding balances for the preceding year.

3. In cases where the toll payment provider is also the toll operation unit, the toll payment provider must organize reconciliation of toll revenue data as stipulated in Clause 2 of this Article to ensure accurate and complete revenue collection in compliance with regulations.

4. The toll payment provider is responsible for developing reconciliation and fund transfer procedures in accordance with this Circular and relevant laws on electronic road payment and expressway toll collection.

5. The toll management unit for toll collection stations and the toll operation unit for expressway toll stations shall coordinate with the toll payment provider to implement reconciliation procedures and address or adjust errors identified during the reconciliation process.

6. The toll operation unit shall collaborate with the toll payment provider to publicly disclose daily revenue and amounts owed by vehicles at each toll station.

Article 14. Transfer of toll revenues and settlement of service provision costs

1. For expressway toll revenues:

The toll payment provider and the toll management unit shall transfer expressway toll revenues and settle service provision costs in accordance with the laws governing expressway toll collection.

2. For tolls:

a) Based on reconciled daily revenue data with the toll management unit, the toll payment provider shall transfer the total collected tolls (including value-added tax) from each toll station to the toll management unit. This is done after deducting the service fee for collecting tolls as stipulated in the toll collection contract. The timeline for fund transfers shall comply with applicable regulations on electronic road payment.

b) The toll payment provider is responsible for establishing procedures for electronic toll collection transactions via the electronic toll collection; declaring and paying taxes on the portion of toll revenue retained.

Article 15. Operating costs, service costs for electronic toll collection, supervising costs for toll collection

1. The operating costs for toll collection shall be determined based on the technical and economic standards issued by competent state authorities, the signed electronic toll collection contracts, and other relevant legal regulations.

2. Service costs for electronic toll collection

a) The service costs for electronic toll collection at each toll station are specified in the electronic toll collection contracts and are deducted directly from the toll revenues of road construction projects with toll collection;

b) The service costs for electronic toll collection may be adjusted as per the terms outlined in the electronic toll collection contracts;

c) For projects collecting tolls under public-private partnership (PPP) agreements with competent authorities, revenues from providing electronic toll collection services are the amounts retained by the service provider. These revenues serve to recover investment, construction, improvement, management, operation, and maintenance costs for the electronic toll collection project.

3. Supervising costs for toll collection:

a) Supervising costs for toll collection include: supervision, post-inspection, and reconciliation of toll collection data between the toll management unit, the toll payment provider, and the toll operation unit;

b) The supervising costs of toll collection are determined based on the technical and economic norms issued by competent state authorities and relevant legal provisions.

Chapter IV

RESPONSIBILITIES IN TOLL COLLECTION OPERATIONS

Article 16. Responsibilities of road vehicle owners

Road vehicle owners must fulfill their responsibilities as stipulated in the laws on electronic road payment and expressway toll collection.

Article 17. Responsibilities of the toll management unit

1. Perform the responsibilities of the toll management entity as prescribed by the laws on electronic road payment, laws on expressway toll collection, and the provisions of this Article.

2. Make continuous public announcements at least five days in advance and post notices at the toll station before initiating toll collection. Announcements should include the starting date of toll collection, toll station location, collection technology, collection methods, applicable vehicle categories, toll rates, and any exemptions or discounts. For any changes in toll rates, collection technologies, methods, or applicable vehicles, public announcements must follow the same procedures at least 30 days in advance (or as specified by a competent authority). Public announcements must be made through mass media at both local and national levels, and notifications sent to the Vietnam Automobile Transport Association.

Throughout the collection period, the toll management unit (or its authorized toll operation unit) must display the following information on Variable Message Sign (VMS) at the toll station's operations building: project name, project value (if the project has not been finalized, publish according to the total investment estimate), total toll collection period, start date of toll collection, remaining toll collection period, toll station revenue from the previous month (revenue data updated no later than the 10th day of the following month), and a phone number for receiving feedback.

3. Ensure that the key performance indicators (KPIs) for the operation of the electronic toll collection system meet the minimum requirements set by the competent authority; or, through the toll collection contract, require the toll operation unit and the toll payment provider to ensure that the KPIs of the Front-End and Back-End systems meet the minimum requirements of the competent authority.

4. Prepare and submit reports on statistics, accounting, financial records, revenue settlements, tax declarations, and payment of taxes in accordance with legal regulations.

5. Provide all requested information, data, statistics, and documentation to relevant authorities.

6. Specific responsibilities for toll stations:

a) Manage assets assigned or transferred from the state, as well as those generated during investment, in compliance with current regulations and signed agreements with competent authorities;

b) Pay for the use of state assets or infrastructure rental fees in accordance with public asset management regulations;

c) Return toll station assets to competent authorities or their designated entities upon contract termination. Returned assets must be in normal operating condition, as specified in the contract;

d) Comply with decisions on suspension or cessation of toll collection issued by competent authorities, as outlined in Article 24(1) of this Circular;

dd) Report to competent authorities regarding the use of toll collection accounts managed by the toll payment provider. This includes: management measures for the use of toll collection accounts by the toll payment provider, including commitments and agreements with banks regarding the management and utilization of these accounts;

e) Verify, reconcile, and accept toll revenues transferred by the toll payment provider;

g) Prevent any fraudulent actions related to toll revenues; collusion in toll collection fraud; tampering with the Front-End or Back-End systems; or misreporting revenue figures to commit toll revenue fraud.

7. Responsibilities for expressway toll collection at toll stations

a) Manage the collection and remittance of expressway tolls in compliance with regulations;

b) Administer assets in accordance with applicable regulations;

c) Inspect operations and revenue from expressway toll collection provided by toll operation units and toll payment providers;

d) Comply with decisions on suspension or cessation of toll collection issued by competent authorities.

Article 18. Responsibilities of the toll operation units

1. Fulfill the responsibilities of a toll operation unit as stipulated by laws on electronic toll payment, expressway toll collection, and the provisions of this Article.

2. Manage labor and address labor-related benefits for employees working at toll stations in compliance with legal regulations.

3. Back up toll collection data in accordance with Clause 3 and Clause 5

Article 8 of this Circular to support oversight and post-inspection activities.

4. Ensure that the key performance indicators (KPIs) for electronic toll collection systems meet the minimum requirements set by competent authorities as stipulated in the toll collection contract signed with the toll management unit.

5. Maintain environmental cleanliness in toll station areas and ensure adherence to traffic organization plans approved by competent authorities for roads where toll stations are located.

6. Comply with decisions on suspension or cessation of toll collection issued by competent authorities as per Clause 1, Article 24 of this Circular.

7. Ensure the prevention of the following actions:

a) Fraudulent acts involving tolls; or collusion in toll collection fraud;

b) Tampering with Front-End or Back-End systems or falsifying revenue reports to commit toll revenue fraud;

c) Delays in ticket sales or inspections, harassment of ticket purchasers, failure to sell required ticket types or imposing restrictions on the sale of monthly or quarterly tickets as stipulated; causing traffic congestion at toll stations; or collecting tolls improperly.

d) Accepting cash payments from road users without issuing tickets or issuing incorrect ticket types for vehicles passing through toll stations; or allowing vehicles required to purchase tickets to pass through toll stations without tickets.

dd) Failing to maintain toll station assets; unauthorized dismantling, disposal, or transfer of toll station assets; or failing to calibrate and inspect equipment requiring such actions as per regulations;

e) Using technology or other methods to transmit inaccurate data to the Back-End or interfering with the Back-End, leading to discrepancies in traffic volume or revenue data at toll stations.

8. In the event of toll station operations being suspended due to force majeure events, the toll operation unit must take measures to ensure that traffic congestion does not occur in the vicinity of the toll station. Simultaneously, it must immediately report to the toll management unit, the toll payment provider, and competent authorities to implement remedial measures and resume toll station operations as soon as possible. If traffic congestion occurs at the toll station area due to force majeure events, the toll operation unit must initiate toll lane clearance and promptly report to the toll management unit and competent authorities to implement traffic rerouting measures.

9. Responsible for assigning on-duty personnel, promptly mobilizing resources, and being ready to coordinate upon request from traffic police forces to address traffic accidents and unexpected incidents related to traffic order and safety in the toll station area.

10. Carry out the task of reconciling toll collection data between the actual traffic volume and the recorded traffic volume processed by the toll payment provider to ensure accurate and complete toll collection as prescribed.

11. Responsible for compensating the toll management unit for any damages resulting from toll collection suspension or cessation caused by the fault of the toll operation unit and other cases as stipulated in the toll operation service contract.

Article 19. Responsibilities of toll payment providers

1. Fulfill the responsibilities of a toll payment provider as stipulated by laws on electronic toll payment, expressway toll collection, and the provisions of this Article.

2. Back up toll collection data as specified in Clause 2, Point a Clause 3, and Clause 5, Article 8 of this Circular to support monitoring and post-inspection activities.

3. Ensure that the KPIs for electronic toll collection systems meet the minimum requirements set by competent authorities as stipulated in the toll collection contract signed with the toll management unit.

4. Comply with decisions on suspension or cessation of toll collection issued by competent authorities as per Clause 1, Article 24 of this Circular.

5. Ensure the prevention of the following actions:

a) Fraudulent acts in collecting tolls; or collusion in toll collection fraud;

b) Interfering with the Back-End system, the management database system for electronic road payment; reporting false revenue to defraud toll revenue;

c) Using technology or other methods to transmit inaccurate data to the management database system for electronic road payment or interfering with its software, leading to discrepancies in traffic volume and revenue at toll stations;

d) Misusing funds in the toll collection account for unauthorized purposes.

6. Open and manage toll payment accounts in compliance with Article 12 of this Circular.

7. Issue accurate payment receipts for tolls, specifying the correct amounts and applicable vehicles at toll stations. Do not collect fees or obstruct vehicles exempted from tolls per legal regulations. Fee adjustments must receive prior written approval from competent authorities;

8. Conduct annual audits of toll revenues and collections in compliance with legal regulations and toll collection contracts.

9. Monitor toll collection activities to ensure compliance with laws and signed contracts.

10. Remit toll revenue to the toll management unit after deducting the service fees of the toll station as stipulated in the toll collection contract.

11. Issue value-added tax invoices for revenues from providing electronic toll collection services in accordance with tax regulations.

12. Perform the task of reconciling toll collection data between actual vehicle traffic volumes and the volumes recorded for toll collection with the toll operation unit in accordance with regulations on electronic road payment to determine the expressway tolls payable; transfer the correct amount of expressway tolls on time into the toll fee account pending remittance to the State budget of the toll management unit, as stipulated by regulations and the toll collection contract. In cases where the toll payment provider is also the toll operation unit, the toll payment provider shall reconcile toll collection data between actual traffic volumes and recorded toll collection volumes to ensure accurate and complete toll collection in accordance with regulations.

13. Be responsible for compensating the toll management unit for any damages in cases of suspension or cessation of toll collection due to faults of the toll payment provider and other cases as stipulated in the toll collection contract.

Article 20. Responsibilities of government authorities

1. The Vietnam Road Administration is the agency performing state management functions over the operations of toll stations on national highways and expressways under the management of the Ministry of Transport.

2. Province-level People's Committees organize and perform state management functions over the operations of toll stations on local roads and other roads under the responsibility of the province-level People's Committees.

3. Responsible for organizing the implementation, inspection, and supervision of toll station operations.

Article 21. Reporting regulations

1. For the collection of tolls:

The toll management unit and the toll payment provider are responsible for periodically submitting reports to the competent authority or the unit assigned by the competent authority to manage toll collection activities, as follows:

a) Report title: Periodic report on toll revenues, vehicle traffic volumes passing through toll stations, and periodic report on asset management and usage;

b) Contents required in the report: Toll revenues, vehicle traffic volumes passing through toll stations; the situation of asset management and usage;

c) Entities responsible for reporting: Toll management unit, toll payment provider;

d) Receiving authority: The competent authority or the unit assigned by the competent authority to manage toll collection activities;

dd) Methods of report submission: Direct submission or via postal services;

e) Report submission deadline:

- Monthly and annual toll revenue and vehicle traffic volume reports: Monthly reports must be submitted by the 10th day of the following month; annual reports must be submitted by February 28 of the following year.

- Annual asset management and usage report: Must be submitted by January 10 of the following year.

g) Reporting frequency:

- Monthly and annual toll revenue and vehicle traffic volume reports: Monthly and annual reports;

- Annual asset management and usage report: Annual reports.

h) Data cutoff period:

- Monthly reports: Cover data from the 1st to the last day of the reporting month;

- Annual reports: Cover data from January 1 to December 31 of the reporting year.

i) Reporting forms:

- Monthly and annual toll revenue and vehicle traffic volume reports: Use forms No. 01-B, 02-B, and forms No. 03 through No. 08 in Appendix I attached to this Circular;

- Annual asset management and usage report: Use form No. 08 in Appendix I attached to this Circular.

k) In addition to periodic reports as stipulated in Clause 1 of this Article, the toll management unit and the toll payment provider must submit ad-hoc reports as requested by the competent authority or the unit assigned by the competent authority to manage toll collection activities;

h) The toll management unit and the toll payment provider are responsible for the accuracy of reported data. For annual reports on toll revenue, an independent audit or tax authority certification is required.

2. For expressway toll collection:

a) The toll management unit and the authorized agency must submit reports in accordance with the laws governing expressway toll collection, fees, charges, and state budget regulations;

b) The toll operation unit and the toll payment provider must submit reports as stipulated in Clause 1 of this Article, using forms No. 01-A, 02-A, and forms No. 03 and No. 04 in Appendix I attached to this Circular.

Chapter V

SUSPENSION OR CESSATION OF COLLECTION

Article 22. Suspension

1. Projects involving the collection of tolls shall suspend toll collection in the following cases:

a) The toll management unit that violates road maintenance quality standards and has been issued two written warnings by the competent authority, including deadlines for rectification. Specific details of road maintenance quality violations are outlined in Appendix II attached to this Circular. The suspension period shall commence from the date specified in the suspension notice until the toll management unit has rectified the violations, but not less than one day;

b) The toll management unit allows situations that pose risks to road traffic safety as defined by laws on road traffic order and safety. The competent authority must have issued two written requests for rectification, including deadlines, but the violations were not resolved or were resolved late. The suspension period shall commence from the date specified in the suspension notice until the unit has rectified the violations, but not less than one day;

c) The toll management unit commits violations specified in Point g, Clause 6, Article 17 of this Circular. The suspension period shall commence from the date specified in the suspension notice until the unit resolves the consequences of the violation and receives written approval from the competent authority to resume toll collection;

d) The technology or equipment directly used for toll collection malfunctions or is damaged and is not promptly repaired in accordance with the laws on electronic road payment. The suspension period shall commence from the date specified in the suspension notice until the toll management unit resolves the issues and receives written approval from the competent authority to resume toll collection;

dd) When directed by the competent authority in cases of epidemics, natural disasters, wars, national security or defense requirements, or in alignment with State policies and guidelines;

e) The toll management unit, toll operation unit, or toll payment provider deliberately delays or fails to comply with the decisions of the competent authority.

2. A toll collection suspension applies to toll expressway or toll expressway sections as prescribed in Clause 2, Article 51 of the Law on Roads.

3. Cases of toll collection suspension not caused by the fault of the toll management unit, toll operation unit, or toll payment provider shall be handled in accordance with the provisions of the law or the toll collection contract.

Article 23. Cessation of collection

1. Expressway toll collection at a toll station shall be ceased upon the issuance of a cessation decision by the competent authority.

2. Toll collection at a toll station shall be ceased in the following cases:

a) The toll collection period stipulated in the road construction project contract for business purposes or the contract for concession to collect expressway tolls;

b) A cessation decision is issued by the competent authority (or the entity authorized by the competent authority to manage toll collection activities);

c) Termination of a PPP project contract as prescribed in Clause 2, Article 52 of the Law on Investment in the public-private partnership method.

Article 24. Toll collection suspension and cessation

1. Authorities responsible for deciding toll collection suspension and cessation:

a) The Vietnam Road Administration shall decide on the suspension or cessation of toll collection at toll stations on national highways under the management of the Ministry of Transport;

b) The province-level People's Committees shall decide on the suspension or cessation of toll collection at toll stations on roads under their management.

2. For road construction projects for business purposes and projects for concession to collect expressway tolls:

a) The time during which toll collection is suspended in the cases specified in Points a, b, c, d, e, Clause 1, Article 22 of this Circular shall not be included in the extension of the toll collection period as stipulated in the contract signed between the competent authority and the investor;

b) The revenue for each day of suspension is calculated as the average daily revenue of the subsequent month immediately following the suspension. In cases where the toll management unit commits violations as stipulated in Point g, Clause 6, Article 17 of this Circular, in addition to being suspended under Point c, Clause 1, Article 22, the revenue for each suspended day shall be three times the highest daily revenue of the subsequent month.

The average daily revenue for the month is calculated as the average of the total daily revenues from single-use tickets, monthly tickets, and quarterly tickets recorded for that month.

3. During the suspension period, the toll management unit is responsible for ensuring smooth and safe traffic flow, avoiding any obstruction or congestion. They must also widely announce the suspension through central and local media means and publicly display information at the toll station.

Chapter VI

IMPLEMENTATION

Article 25. Transitional provisions

1. For project contracts currently under negotiation and not yet signed, competent authorities shall review, adjust, and update relevant provisions of the contracts in accordance with this Circular.

2. For toll stations with signed contracts or contract appendices under the Public-Private Partnership (PPP) model before the effective date of this Circular, the contracts and appendices shall continue to apply. Operating costs for toll collection after transitioning to electronic toll collection following the effective date of this Circular shall comply with the provisions herein and the signed contracts.

3. Toll management and monitoring systems that were invested in and built before the effective date of this Circular shall continue operation until July 1, 2026.

Article 26. Implementation

This Circular comes into force as of January 1, 2025, and supersedes Circular No. 45/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport on operation of toll stations./.