Accordingly, voters reflected that on October 21, 2017, the Standing Committee of the National Assembly issued Resolution No. 437/NQ-UBTVQH14, which stipulates: "For road projects invested in the form of BOT contracts, it only applies to new routes to ensure the right of choice for people, not to invest in projects to renovate and upgrade existing single routes".
However, voters recommend that the Government study and submit to the National Assembly Standing Committee for consideration of adjusting Resolution 437 to study investment in the Vung Tau intersection and Gate 11 on National Highway 51 under the BOT form to resolve the frequent traffic congestion at the two intersections mentioned above.
Responding to this issue, the Ministry of Transport said that the Vung Tau intersection (intersection between National Highway 1, National Highway 51 and Le Van Duyet Street) belongs to the project to build a new Dong Nai bridge and the route from both ends of the bridge from Tan Van intersection to the end of the Bien Hoa city bypass under the form of a BOT contract, the project has temporarily stopped collecting tolls since August 2020.
Currently, the Vietnam Road Administration, as the contracting agency, is working with the investor to carry out the final settlement, determine the official time to stop collecting tolls for the project and end the contract according to regulations; For the Gate 11 intersection (intersection between National Highway 1 and Bui Van Hoa Street) of the National Highway 1 Construction Investment Project, Bien Hoa City bypass, Dong Nai Province under the BOT contract form, the project is collecting tolls to recover capital (expected to end toll collection in January 2032).
According to Resolution No. 437/NQ-UBTVQH14 of the Standing Committee of the National Assembly, it is stipulated that "For road projects invested in the form of BOT contracts, it only applies to new routes to ensure the right of choice for people, not to invest in projects to renovate and upgrade existing single routes".
Currently, at Point a, Clause 3, Article 84 of the Road Law No. 35/2024/QH15 (effective from January 2025) stipulates that "For projects specified in Point b, Clause 9, Article 3 of the Law on Investment under the public-private partnership method No. 64/2020/QH14, the type of contract through the mechanism of direct collection from users shall not be applied, except for cases of renovation, upgrading, expansion, modernization, operation, and business of existing expressway infrastructure works and systems or roads in operation that are renovated or upgraded into expressways, but must ensure the right to choose of service users".
According to Point a, Clause 4, Article 8 of the Road Law, the Provincial People's Committee is responsible for managing the following types of roads: "Management of provincial roads and national highways passing through special urban areas; national highways when decentralized; national highway routes and sections that have completed investment in construction of replacement bypasses in accordance with the road network planning; national highway routes and sections that are no longer in the road network planning, except for national highways with special requirements for ensuring national defense and security; national highway routes and sections assigned by the Prime Minister based on the proposal of the Provincial People's Committee to meet the needs of socio-economic development, ensuring national interests, national defense, security, and the ability to allocate local resources; national highway routes and sections that have had assets transferred to the Provincial People's Committee for management in accordance with the provisions of law on management and use of public assets".
Based on current legal regulations, the content of the above-mentioned petition of voters and the National Assembly Delegation of Dong Nai province was chaired by the Ministry of Transport, organizing a meeting with the People's Committee of Dong Nai province on the investment plan to renovate the two above-mentioned intersections.
The Ministry of Transport has issued Document No. 9724/BGTVT-KHDT dated September 8, 2024 to the People's Committee of Dong Nai province agreeing that it is necessary to study investment in renovating the above two intersections and requesting the People's Committee of Dong Nai province to direct relevant units to complete the research content (including investment plan in the form of BOT), report to the Prime Minister for consideration and assign the People's Committee of Dong Nai province to prepare and implement investment in renovating the two intersections according to the provisions of law.
