New developments in the BOT project of National Highway 51 through Dong Nai and Ba Ria

According to Lao Dong's investigation on February 16, the Government Office has just issued a document conveying the opinion of Deputy Prime Minister Tran Hong Ha on handling the existing problems of the National Highway 51 expansion investment project under the form of a BOT contract.

According to this document, Deputy Prime Minister Tran Hong Ha assigned the Ministry of Transport (MOT) to continue handling the investor's petition according to its functions, tasks and signed contracts. The MOT reports the handling results according to its authority.

Deputy Prime Minister Tran Hong Ha's opinion was given after reviewing the report of the Ministry of Transport at the end of 2023 on handling the petition of the investor of the National Highway 51 expansion investment project, section Km0+900 - Km73+600 passing through Dong Nai and Ba Ria - Vung Tau provinces under the form of BOT contract (BOT National Highway 51).

Regarding the National Highway 51 BOT project, voters in Ba Ria - Vung Tau province recently reported that the investor, Bien Hoa - Vung Tau Expressway Development Joint Stock Company (BVEC), refused to hand over assets to establish state ownership of the National Highway 51 BOT project assets.

As a result, National Highway 51 is currently seriously degraded, with many cracks and dents appearing on the road surface along the entire route. Voters recommend that the Ministry of Transport conduct an inspection and soon have a specific plan to maintain, repair, upgrade the asphalt and overcome flooding on National Highway 51. At the same time, there should be a drastic solution soon requiring BVEC Company to liquidate the contract and promptly hand over the project assets to establish public ownership.

The condition of cracks and dents on the surface of National Highway 51 was recorded by Lao Dong in July 2023. Photo: Ha Anh Chien

Responding to voters' petitions, the Ministry of Transport recently announced that the National Highway 51 BOT Project will not collect tolls from January 13, 2023. On January 31, 2023, BVEC Company issued a written notice: "BVEC will stop implementing and will not be responsible for ensuring traffic safety, regular maintenance and repair for all items of the project."

After many times of failing to reach an agreement on early termination of the contract through negotiations, on November 17, 2023, the Vietnam Road Administration sent a document to BVEC to terminate the contract early for project management and maintenance. On that basis, the Ministry of Transport directed the Vietnam Road Administration to be responsible for carrying out the management, maintenance and repair of National Highway 51 according to regulations.

"Currently, the Ministry of Transport has approved the road system maintenance plan for 2024, including allocating funds for regular maintenance of National Highway 51; handling black spots and emergency repairs of severely damaged locations to ensure traffic safety with a budget of VND8.3 billion; the Vietnam Road Administration is completing procedures to implement the construction" - said the Ministry of Transport.

Notably, also according to the Ministry of Transport, at the end of November 2023, the Ministry of Transport decided to establish a team to review some existing contents of the National Highway 51 BOT project to coordinate with the Ministry of Finance to complete the procedures to establish public ownership of the property according to the law on public property.

Previously, as Lao Dong reported, after nearly 20 contract negotiations, the BOT investor of National Highway 51, BVEC Company, handed over the project to Road Management Area IV for acceptance but had not yet agreed with the competent authority on terminating the contract ahead of schedule to implement the next steps in accordance with the provisions of the Law on Investment under the public-private partnership method and the BOT Contract.

This leads to untimely maintenance of the project, causing damage, "potholes", and risking traffic safety.

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