收费公路管理条例 Order of the State Council of the Peoples Republic of China

国务院令第417号

颁布日期：20040913 　实施日期：20041101 　颁布单位：国务院

　　No.417

　　The Regulation on the Administration of Toll Roads， which was adopted at the 61st executive meeting of the State Council on August 18， 2004， is hereby promulgated， and shall go into effect as of November 1， 2004.

　　Premier Wen Jiabao

　　September 13， 2004

　　Regulation on the Administration of Toll Roads

　　Chapter I General Provisions

　　Article 1 In order to strengthen the administration on toll roads， to regulate the toll collection acts on toll roads， to maintain the lawful rights and interests of the business operators and users of toll roads， and to promote the development of highway industry， the present Regulation is formulated in accordance with the Highway Law of the People's Republic of China （hereinafter referred to as the Highway Law）

　　Article 2 The “toll roads” as mentioned in the present Regulation， shall refer to the roads （including bridges and tunnels）， which comply with the Highway Law and the provisions of the present Regulation， and in which vehicle tolls are collected according to law upon approval.

　　Article 3 The people's governments at all levels shall take positive measures to support and promote the development of highway industry. The highway development shall focus on non-toll roads， and properly develop toll roads.

　　Article 4 No vehicle tolls may be charged on the road that is constructed through government investment or donation of social organizations or individuals.

　　Article 5 No entity or individual may establish any booth or checkpoint on roads to collect vehicle tolls in violation of the Highway Law and the provisions of the present Regulation.

　　Article 6 Any entity or individual shall have the right to refuse to pay vehicle tolls charged by any one who illegally sets up toll booth or checkpoint on highways.

　　For the acts as illegally establishing tollbooths or checkpoints on highways， illegally collecting or using vehicle tolls， illegally transferring the rights and interests in toll roads or illegally extending the time limit for toll collection， etc.， any entity or individual shall be entitled to report to the departments of traffic， price or finance， etc. The department receiving such report shall investigate into and handle it timely according to the division of functions. If it does not have the right to investigate into and handle it， it shall transfer it immediately to the department that has such right. The department accepting the case shall investigate into and handle it within 10 days from receipt of such report or the materials transferred.

　　Article 7 Upon approval， the business operator of any toll road shall have the right to collect vehicle tolls on vehicles passing through the toll road according to law.

　　Vehicle tolls shall be exempted for the vehicles of troops and armed police troops， the police wagons with uniform marks which are used for handling traffic accident， executing ordinary patrolling tasks or dealing with emergencies on toll roads under the jurisdiction of a public security organ， and the vehicles used for execution of emergency rescue and relief tasks with the approval by the competent communications department of the State Council and the people's government of the province， autonomous region， and municipality directly under the Central Government.

　　Vehicle tolls shall be exempted for combine harvesters and transportation combine harvesters （including rice transplanter） operating across regions. No combine harvester may pass through freeways.

　　Article 8 No entity or individual may illegally interfere in the business management of any toll road in any form， or seize or embezzle vehicle tolls collected by any business operator of any toll road according to law.

　　Chapter II Construction of Toll Roads and Setup

of Toll Booths

　　Article 9 The construction of any toll road shall conform to the highway development plan of the state and the province， autonomous region， and municipality directly under the Central Government， and be in accordance with the technical level and scale of the toll road as prescribed by the present Regulation.

　　Article 10 The vehicle tolls for the road constructed by the competent communications department of the people's government at or above the county level through making use of loans or raising funds with compensation from enterprises or individuals （hereinafter referred to as the roads whose loans are repaid by the government）， road constructed with the investment of economic organizations both home and abroad or whose toll rights on the road， with the loans of which being repaid by the government， are assigned in accordance with the Highway Law （hereinafter referred to as the for-profit roads） may not be collected until it has been approved according to law.

　　Article 11 The principle of separating governmental functions from institution management shall be observed for the construction and management of highways whose loans are repaid by the government， and a special non-profit corporate body shall be established according to law.

　　The competent communications department of any people's government of the province， autonomous region， and municipality directly under the Central Government may centralize the administration， grant and repayment of loans in respect to the roads within its own administrative region whose loans are repaid by the government.

　　The for-profit road construction projects shall be announced to the general public， and the investors shall be chosen by way of bid invitation or tendering.

　　The for-profit road shall be constructed， operated and managed by a legal person of road enterprise established according to law.

　　Article 12 The setup of tollbooths on toll roads shall be subject to the examination and approval of the people's governments of the provinces， autonomous regions， and municipalities directly under the Central Government in accordance with the following provisions：

　　1. No tollbooth may be established on the main lane of any highway and other closed toll roads apart from at the entry and exit ends， unless it is really necessary to set up tollbooths between provinces， autonomous regions， and municipalities directly under the Central Government. And

　　2. The space between two neighboring tollbooths shall be no less than 50 kilometers in the same main road of a non-closed toll road.

　　Article 13 Tolls shall be collected through computer network on highways and other closed toll roads， so as to reduce tollbooths and improve traffic efficiency. The concrete measures for toll collection through computer network shall be formulated by the competent communications department of the State Council together with the relevant departments of the State Council.

　　Article 14 The time limit for toll collection of any toll road shall be subject to the examination and approval of the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government according to the following standards：

　　1. The time limit for toll collection of the road whose loans are repaid by the government shall be determined in accordance with the principle of loans being repaid by the tolls collected and funds raised with compensation being repaid by the tolls collected. The maximum time limit may not exceed 15 years. The maximum time limit for toll collection of the road whose loans are repaid by the governments of the provinces， autonomous regions， and municipalities directly under the Central Government in the middle and western areas as determined by the state may not exceed 20 years. And

　　2. The time limit for toll collection of for-profit roads shall be deter

mined in light of the principle of redemption of investment with reasonable returns. The maximum time limit may not exceed 25 years. The maximum time limit may not exceed 30 years for toll collection of for-profit roads of the provinces， autonomous regions， and municipalities directly under the Central Government in the middle and western areas as determined by the state.

　　Article 15 Hearings shall be conducted for charging standards of vehicle tolls in accordance with the price laws and administrative regulations， and the examination and approval shall be conducted according to the following procedures：

　　1. The charging standards for roads whose loans are repaid by the government， after being checked by the competent communications department of the people's government of the province， autonomous region， and municipality directly under the Central Government together with the competent price department and finance department of the corresponding level， shall be subject to the examination and approval of the corresponding people's government； And

　　2. The charging standard for for-profit roads， after being checked by the competent communications department of the people's government of the province， autonomous region， and municipality directly under the Central Government together with the competent price department of the corresponding level， shall be subject to the examination and approval of the corresponding people's government.

　　Article 16 The charging standard for vehicle tolls shall be computed and determined in light of the technical level of the road， total investment， local price indexes， time limit for repayment of loans or funds raised with compensation， time limit for redemption of investment， volume of traffic and other factors. For vehicles that transport fresh and

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