Issuance of Circular 34/2024/TT-BGTVT stipulating the operation of road toll stations in Vietnam
Issuance of Circular 34/2024/TT-BGTVT stipulating the operation of road toll stations in Vietnam
On November 14, 2024, the Minister of Transport of Vietnam issued Circular 34/2024/TT-BGTVT regulating the operations of road toll stations.
Circular 34/2024/TT-BGTVT applies to organizations and individuals involved in the operation of road toll stations.
Article 7 of Circular 34/2024/TT-BGTVT regulates that toll collection shall be implemented through electronic non-stop toll collection and one-stop toll collection.
[1] The electronic non-stop method is an automatic toll collection method where vehicles do not need to stop to pay toll fees when passing through toll stations.
[2] The one-stop method involves vehicles stopping once at the toll lane control point to pay toll fees when passing through the toll station.
Issuance of Circular 34/2024/TT-BGTVT stipulating the operation of road toll stations in Vietnam (Image from the Internet)
What are circumstances in which toll stations in Vietnam cease collecting fees for road usage services?
Pursuant to Article 23 of Circular 34/2024/TT-BGTVT on cessation of toll collection:
Article 23. Cessation of toll collection
- Toll stations cease collecting expressway usage fees when there is a directive for cessation from a competent authority.
- Toll stations cease collecting road service usage fees in the following cases:
a) Upon the expiration of the toll collection period as stipulated in road construction investment project contracts for business purposes or in toll collection right transfer contracts for expressways;
b) When there is a decision to cease toll collection from a competent authority (or an entity assigned by a competent authority to manage the toll collection work);
c) Termination of the PPP project contract as stipulated in Clause 2, Article 52 of the Public-Private Partnership Investment Law.
According to the above regulation, toll stations cease collecting road service usage fees in the following cases:
- Upon expiration of the toll collection period according to road construction investment project contracts for business purposes or toll collection right transfer contracts for expressways
- When there is a decision to cease toll collection from a competent authority (or an entity assigned by a competent authority to manage the toll collection work)
- Premature termination of the PPP project contract in the following scenarios:
+ The project is affected by force majeure events, and despite corrective actions taken by both parties, continuation of the PPP contract cannot be ensured
+ For national interest purposes; ensuring national defense and security requirements, protection of state secrets
+ When a PPP project enterprise becomes insolvent as defined by bankruptcy laws
+ When one of the parties involved in a contract seriously violates the performance of the responsibilities defined in the contract
+ Other cases caused by fundamental changes in circumstances as prescribed by civil law, where the contracting parties agree to terminate the contract
Which agency in Vietnam has the authority to decide on the temporary or permanent cessation of toll collection at toll stations?
Pursuant to Article 24 of Circular 34/2024/TT-BGTVT on organization for temporary or permanent cessation of toll collection:
Article 24. Organization for temporary or permanent cessation of toll collection
- The authority to decide on temporary or permanent cessation of toll collection:
a) The Vietnam Road Administration decides on the temporary or permanent cessation of toll collection at toll stations on national highways under the jurisdiction of the Ministry of Transport;
b) Provincial People’s Committees decide on the temporary or permanent cessation of toll collection as per their jurisdiction for toll stations on roads under the management of Provincial People’s Committees.
- For road investment projects for business purposes and projects transferring toll collection rights on expressways:
a) The period due to temporary cessation of toll collection under the scenarios specified in points a, b, c, d, e of Clause 1, Article 22 of this Circular shall not be counted in extending the road service usage fee collection period as per the contract between the competent authority and the investor;
[...]
Thus, the authority to decide on the temporary or permanent cessation of toll collection is as follows:
- The Vietnam Road Administration decides on the temporary or permanent cessation of toll collection for toll stations on national highways under the management of the Ministry of Transport
- Provincial People’s Committees decide on the temporary or permanent cessation of toll collection as per their jurisdiction for toll stations on roads under the management of Provincial People’s Committees
