From January 1, 2025, what are cases of collection cancellation of toll plazas in Vietnam?
From January 1, 2025, what are cases of collection cancellation of toll plazas in Vietnam?
Based on Article 23 of Circular 34/2024/TT-BGTVT (effective from January 1, 2025), the cases for collection cancellation at toll plazas are as follows:
(1) The toll plaza collecting motorway fees will cease operation upon a cancellation decision from the competent authority.
(2) The toll plaza collecting service charges for road user will stop collecting fees in the following cases:
- The toll collection period has expired according to the investment project contract for road business or the contract for toll collection rights transfer on the highway;
- Upon a cancellation decision from the competent authority (or the entity assigned by the competent authority to manage road toll collection);
- Termination of the PPP project contract as stipulated in Clause 2, Article 52 of the Law on Investment in the Form of Public-Private Partnership 2020.
Specifically, the premature termination of a PPP project contract only applies in the following cases:
+ The project is affected by a force majeure event where the parties have implemented remedial measures but cannot ensure the continuation of the PPP project contract;
+ For national interest; ensuring national defense, national security requirements, protecting state secrets;
+ When the PPP project enterprise loses solvency in accordance with the laws on bankruptcy;
+ When one of the parties in the contract seriously violates the obligations stipulated in the contract;
+ Other cases due to fundamentally changed circumstances as stipulated by civil law, the contracting parties agree on the termination of the contract.
Circular 34/2024/TT-BGTVT...Download
From January 1, 2025, what are cases of collection cancellation of toll plazas in Vietnam? (Image from Internet)
In cases of collection cancellation of toll plazas in Vietnam, how shall road user tickets be handled?
Based on Article 7 of Circular 32/2024/TT-BGTVT (effective from January 1, 2025), regulations on managing road user tickets are as follows:
Management of road user tickets
- The printing, issuance, management, use, and refund (if any) of tickets are in accordance with laws on the management of sales invoices for goods and services provision.
- A road user service ticket serves both as a control document when vehicles pass through toll plazas and as a payment document per laws on the management of sales invoices for goods and services provision. A paper ticket issued to a specific toll plaza is only valid at that station. Electronic ticket collection for road user services without stopping complies with regulations on electronic toll collection.
- Tickets for road user services are sold in correspondence with the price stated on the ticket. Monthly and quarterly tickets must clearly show the validity period and vehicle license plate. Monthly and quarterly tickets must be used at the specified station and within the validity period. If vehicle registration plates change and information has been updated with the toll collecting entity, continued use of monthly and quarterly tickets is allowed until expiration. When purchasing monthly or quarterly tickets for the first time, or when there are changes in technical specifications on the Certificate of Roadworthy Inspection and Environmental Protection, buyers must present this certificate (original or certified copy, electronic copy certified from the original, or electronic copy issued from the principal record) to purchase tickets according to the corresponding toll rate for the vehicle type as regulated.
4. In cases where the toll plaza ceases collection or temporarily ceases collection without a fixed duration, the collecting entity must refund the monthly or quarterly ticket purchase to the vehicle owner. The refund amount is the toll fee divided by 30 days (for monthly tickets) or 90 days (for quarterly tickets) multiplied by the number of days remaining on the ticket from the stopping or temporary stopping date.
- In cases of disasters, epidemics, natural calamities, or other force majeure events requiring temporary cancellation by request of the Competent Authority, the collecting entity extends the validity of monthly or quarterly tickets according to the principle that the extension equals the days of temporary cancellation, but not exceeding the remaining validity days of the tickets from the cancellation commencement time.
Thus, if a toll plaza ceases collection or temporarily ceases indefinitely, the collecting entity must refund the purchase of monthly or quarterly tickets to the vehicle owner.
The refund amount is the fee divided by 30 days (for monthly tickets) or 90 days (for quarterly tickets) multiplied by the number of days left on the ticket from the cessing or temporary cessing date.
How to determine monthly road user charge in Vietnam?
Based on Clause 2, Article 6 of Circular 32/2024/TT-BGTVT, the principles for determining specific prices, discounts, and discount subjects for road user services are regulated as follows:
Principles for Determining Specific Unit Prices, Discounts, and Discount Subjects for road user Services
- The specific price for a single vehicle use of road services (hereinafter referred to as the unit price per trip) shall not exceed the maximum price for each vehicle type as per the Decision stipulating the maximum price for road user services by the Minister of Transport.
- The monthly price is the fee imposed on one vehicle participating in traffic through the toll plaza within a 30-day period. The monthly price is calculated as 30 (thirty) times the price stipulated in Clause 1 of this Article.
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Thus, the monthly price is the fee imposed on one vehicle participating in traffic through the toll plaza within a 30-day period.
The monthly price is calculated as 30 (thirty) times the price stipulated in Clause 1, Article 6 of Circular 32/2024/TT-BGTVT.
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