What are the regulations on suspending and stopping collection, deducting toll collection time of road toll plaza from 2022 in Vietnam?
Suspending toll collection and stopping toll collection , except for the collection time in road toll collection operations are specified in Chapter V of Circular 45/2021/TT-BGTVT (take effect from March 31, 2022) as follows:
Regulations on suspending toll collection
- Suspended toll collection when the PPP project enterprise, the collection management unit violates the quality of road construction maintenance and has been warned in writing by the competent authority twice with a time limit for remedial action. Specific details on violations of construction maintenance quality are specified in Appendix 4 issued with this Circular. The period of suspension of collection shall be counted from the time of request stated in the suspension document until the PPP project enterprise and collection management unit complete the remedy, but not less than 01 day.
- Suspended toll collection when the PPP project enterprise, collection management unit, collection operator, collection service provider occurs in situations where there is a risk of traffic insecurity or prolonged traffic jams. on the route, has been requested by the competent authority to remedy 02 times in writing with a time limit for remedial action but fails to overcome or is slow to overcome. The collection suspension period is counted from the time of request stated in the stopping document until the PPP Project Enterprise, Collection Management Unit, Collection Operator, Collection Service Provider complete the remedy, but not less than 1 day.
- Suspended toll collection when the collection operator commits violations of Points a and b, Clause 8, Article 21 of this Circular, and the collection service provider commits violations of Points a and b, Clause 7 of Article 22. This circular. The collection suspension period is counted from the time of request stated in the suspension document until the collection operator, the collection service provider has completely remedied the consequences of the violation and is authorized by the competent authority. written permission to charge back.
- Suspended toll collection when the collection operator commits a violation in Clause 4, Article 21 of this Circular, and has been requested by a competent authority at least twice in writing with a time limit for remedial action. The collection suspension period is counted from the time of request stated in the suspension document until the collection operator completes the contents specified in Clause 4, Article 21 of this Circular.
- Suspended toll collection when the technological system and equipment directly serving the collection of road user service charges is malfunctioning or damaged and cannot be promptly remedied as prescribed in Clause 5, Article 21 of this Circular. The collection suspension period is counted from the time of request stated in the suspension document until the collection operator completes the troubleshooting and is authorized in writing by the competent authority to collect tolls again.
- Suspended toll collection at the request of a competent authority in case of an epidemic, natural disaster, war or in service of security and defense or in accordance with the guidelines and policies of the State.
- Suspended toll collection in case the collection management unit, collection operator or collection service provider intentionally delays or fails to comply with the decisions of the competent authority.
- Cases of temporary suspension of collection that are not due to the fault of the collection management unit, the collection operator, or the collection service provider, shall be handled in accordance with the law or the collection service contract.
Regulations on stopping toll collection
- In case the project expires in the collection and return of capital under the contract, the collection management unit must actively stop collecting or comply with the decision to stop collecting the collection of the competent authority (or the unit authorized by the competent authority). assigning the task of managing the collection of road user service charges). The determination of collection stopping time is determined according to the collection contract of the competent authority with the collection management unit or the contract with the PPP project enterprise.
Stop toll collection in the cases specified in Clause 2, Article 52 of the Law on Investment under the mode of public-private partnership.
Regulations on deducting toll collection time
- Deducting toll collection time of the collection operator, the collection service provider fails to back up the received data or backs up incomplete data as prescribed in Article 10 of this Circular, unless there legitimate reasons approved by the competent authority. Deductible collection time is 02 days in case of not backing up data from 10 to 15 days; the collection time deducted is 04 days in case of not backing up data from 16 days to the end of 30 days; for the case where data is not backed up from the 31st onwards, for every 5 days of not backing up data, the collection time will be deducted 2 days.
- Deducting toll collection time of the collection management unit, the collection operator, the collection service provider fails to report as prescribed in Article 25 of this Circular or fails to pay the fee for the use of state property, pay the rent for the right to exploit road infrastructure assets according to current regulations when the competent authority issues a written reminder twice, each time not less than 5 days apart. The time for collection to be deducted is 01 day in case of late submission of reports from 10 days to 30 days; collection time will be deducted 02 days in case of late submission of reports from 31 days to 60 days; for case of report submission delay from 61 days onwards, for every 5 days of late report submission, the collection time will be deducted 01 day.
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