Filling the gap after BOT projects.

It is no coincidence that the Ministry of Transport (MOT) has just issued an urgent dispatch to the Vietnam Road Administration, Bien Hoa - Vung Tau Expressway Development Joint Stock Company (BVEC), and several related units requesting the complete resolution of outstanding issues of the BOT Project for the Investment and Construction of the Expansion of National Highway 51, đoạn from Km0 +900 to Km73 + 600 (National Highway 51 BOT Project).

It is no coincidence that the Ministry of Transport (MOT) has just issued an urgent dispatch to the Vietnam Road Administration, Bien Hoa - Vung Tau Expressway Development Joint Stock Company (BVEC), and several related units requesting the complete resolution of outstanding issues of the BOT Project for the Investment and Construction of the Expansion of National Highway 51, đoạn from Km0 +900 to Km73 + 600 (National Highway 51 BOT Project).

Reportedly, the National Highway 51 BOT project is one of the road BOT projects where there has been no consensus between the investor (BVEC) and the competent state agency (Vietnam Road Administration) regarding the toll collection period for profit generation. Specifically, while BVEC asserts its right to collect tolls for profit generation as stipulated in the signed BOT contract until mid-January 2030 (approximately 4 years), the Vietnam Road Administration argues that the toll collection period for profit generation is only 9 months.

To prevent BVEC from collecting tolls beyond the permitted time, in early January 2023, the Vietnam Road Administration issued a document requesting a temporary suspension of toll collection at toll stations under the National Highway 51 BOT Project from 7:00 AM on January 13, 2023, while negotiations between the two parties were still ongoing.

Since January 2023, due to more than 20 rounds of negotiations without reaching an agreement, the investor has been forced to submit appeals to various government agencies and the National Assembly to demand their rights.

It is noteworthy that, despite numerous documents from the Government and the Ministry of Transport requesting relevant agencies, including the Vietnam Road Administration (the direct managing unit), to urgently resolve outstanding issues and officially determine the end date for toll collection under the BOT contract, more than 1 year and 8 months have passed since toll collection stopped, and implementation has been very slow and the outstanding issues have not been resolved.

Due to the unresolved disputes, public ownership of the section of National Highway 51 under the Project could not be implemented, causing significant difficulties in allocating budget funds for maintenance, repair, and upgrading. As a consequence, since the temporary suspension of toll collection, this vital section of National Highway 51 connecting provinces in the Southeast region has suffered extensive damage, including potholes, cracked road surfaces, and missing lane markings in many sections, posing a significant traffic safety risk.

It should be added that the situation of "suddenly becoming ownerless" is not unique to the National Highway 51 BOT project. Currently, at least one other road BOT project is also experiencing a situation where toll collection has been suspended without reaching a consensus on the toll collection period to generate profit, which could potentially create traffic safety hotspots.

To avoid shirking responsibility and shifting blame, which could negatively impact work efficiency and lead to the timely resolution of project issues, management agencies, especially the Vietnam Road Administration, need to fully perform their assigned functions and duties as the contract-signing agency and the management agency during the project's operation and exploitation phase. This agency also needs to promptly address project issues within its authority, only reporting to the Ministry of Transport on matters exceeding its authority for consideration and resolution, or reporting to higher authorities as stipulated in Clause 2, Article 18 of Circular No. 50/2022/TT-BGTVT dated December 30, 2022, on the performance of functions and duties of competent agencies and contract-signing and implementing agencies for PPP investment projects managed by the Ministry of Transport.

Regarding maintenance work during the toll suspension period, the Vietnam Road Administration – as the managing agency during the operational phase – needs to urgently inspect, review, and work with investors to clarify responsibilities for maintenance work and ensure safety in operation according to regulations. More importantly, when the two sides are at odds and cannot reach an agreement, the matter should be promptly brought to an independent body (such as Commercial Arbitration or the Economic Court) for resolution.

This is the most civilized and effective approach, not only for the BOT project to expand National Highway 51 from Km0 +900 to Km73 + 600, but also for other BOT projects with disputes and obstacles in the future.

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