TA4862-VIE Ho Chi Minh City Metro Rail System - ppiaf
TA4862-VIE Ho Chi Minh City Metro Rail System - ppiaf
TA4862-VIE Ho Chi Minh City Metro Rail System - ppiaf
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Asian Development Bank<br />
Public Private Infrastructure Advisory Facility<br />
TA 4862-<strong>VIE</strong>:<br />
Preparing the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong><br />
<strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> -<br />
PPIAF Study -<br />
Completion Report<br />
August 2008
Table of Contents<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Synopsis ..................................................................................................................................................... i<br />
1. Introduction .................................................................................................................................. 1<br />
1.1 Background ........................................................................................................................ 1<br />
1.2 Objectives of PPIAF Technical Assistance ................................................................... 2<br />
1.3 This Completion Report ................................................................................................... 2<br />
1.4 Study Team ......................................................................................................................... 3<br />
2. Activity 1: Framework for Considering Private Sector Participation (PSP) – Options<br />
Development ................................................................................................................................ 4<br />
3. Activities 2 and 3: Financial Modeling Including Risk ........................................................... 8<br />
3.1 Financial Model ................................................................................................................. 8<br />
3.2 Financing and Delivery Options ..................................................................................... 8<br />
3.3 Value for Money (VFM) Test .......................................................................................... 8<br />
3.3.1. Assumptions and contingencies ......................................................................... 9<br />
4. Activity 4: Stakeholder Feedback and Implementation Arrangements .............................. 11<br />
4.1 Key Tasks ......................................................................................................................... 11<br />
4.2 Key Stakeholders ............................................................................................................. 11<br />
4.3 Transport Agencies and Functions in HCMC ............................................................ 13<br />
4.4 Key Laws .......................................................................................................................... 13<br />
4.5 Institutional Options ....................................................................................................... 14<br />
4.6 Fares and Ticketing ......................................................................................................... 17<br />
4.7 Building Technical and Managerial Capacity ............................................................... 20<br />
Appendix A: Issues and Options for Private Sector Participation and Concession Template<br />
Working Paper ............................................................................................................................ 22<br />
Appendix B: Financial Modeling Working Paper ............................................................................ 23<br />
Appendix C: Stakeholder Feedback and Implementation Arrangements: Institutional Options<br />
Working Paper ............................................................................................................................ 24<br />
Appendix D: Fares and Ticketing Working Paper .......................................................................... 25<br />
References and Bibliography ............................................................................................................... 26<br />
i
Abbreviations<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
ADB Asian Development Bank<br />
BOT Build-Operate-Transfer<br />
DOPI Department of Planning & Investment, HCMC<br />
PC<br />
DNRE Department of Natural Resources &<br />
Environment, HCMC PC<br />
DOF Department of Finance, HCMC PC<br />
DTUPWS Department of Transport & Urban Public<br />
Works & Services, HCMC PC<br />
DUPA Department of Urban Planning & Architecture,<br />
HCMC PC<br />
GVN Government of Viet Nam<br />
HCMC <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong><br />
HIFU <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for<br />
Urban Development<br />
IFI International Financial Institution<br />
ODA Official Development Assistance<br />
PC People’s Committee<br />
PPI Private Participation in Infrastructure<br />
PPIAF Public Private Infrastructure Advisory Facility<br />
PPP Public-Private Partnership<br />
PSP Private Sector Participation<br />
SOE State Owned Enterprise<br />
TA Technical Assistance<br />
ToR Terms of Reference<br />
MAUR Management Authority for Urban <strong>Rail</strong>ways,<br />
HCMC PC<br />
ii
Synopsis<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
<strong>Rail</strong> based Mass Rapid Transit (MRT) is a key component of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>’s urban<br />
transport strategy. But MRT is expensive. MRT therefore requires good integration with bus<br />
services and other modes, convenient access for pedestrians and coordinated land use<br />
intensification to optimize MRT’s potential.<br />
Development of MRT of most benefit to the community requires a focus on the development<br />
of integrated network of services that are well integrated with bus, and that provide the fastest,<br />
most convenient and affordable journey possible between home and work and all the other<br />
origins and destinations in the city.<br />
A focus on how to secure the operation of efficient, high quality, and responsive MRT<br />
services, and integrated ticketing and fares, is therefore very important and is a necessary<br />
complement to the implementation of high quality MRT infrastructure.<br />
Recognizing the importance of efficient MRT operations and services ADB mobilized a grant<br />
from the Public Private Infrastructure Advisory Facility (PPIAF) to develop appropriate short<br />
term and longer term implementation and management arrangements for MRT in the context<br />
of wider urban transport, including options for how best to optimize private sector<br />
participation in MRT.<br />
The objectives of the PPIAF technical assistance (TA) therefore included developing (i) a<br />
framework for considering private sector participation in implementation and operation of the<br />
Project; (ii) a value-for-money analysis for implementation approaches that involve varying<br />
degrees of private sector participation, (iii) a detailed financial model reflecting the preferred<br />
approach and measuring the performance of the project from the points of view of the<br />
government and private sector participants; and (iv) a stakeholder feedback and a description<br />
of necessary institutional and contractual arrangements given the preferred implementation<br />
approach.<br />
A summary of the work undertaken is contained in the attached report along with copies of<br />
the key working papers produced by the TA.<br />
Si
1. Introduction<br />
1.1 Background<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
With a population of approximately 6.1 million in 2004, HCMC is the largest city in Viet Nam<br />
and its economic hub. HCMC has a total administrative area of 2,095 km2 covering 19 urban<br />
and five suburban/rural districts. The average population density is about 2,900 inhabitants<br />
per square km with a central area density of around 45,000 inhabitants per square km (JICA<br />
2004). Approximately 2.3 million people were estimated to live in the three adjoining<br />
provinces of Dong Nai, Binh Duong, and Long An which make up the Greater HCMC<br />
region. Population for the region was forecast to reach 13.5 million by 2020 with 10 million in<br />
HCMC by HOUTRANS (JICA 2004).<br />
Current trends are for continuing rapid growth in incomes and motorization, increased<br />
urbanization, and associated traffic congestion, and related pollution (local and global) and<br />
crashes, which will to some extent reduce the productivity of region’s, and therefore, Viet<br />
Nam’s economy. Addressing this considerable challenge requires as its foundation appropriate<br />
institutional and regulatory arrangements to coordinate land use and transport development<br />
management, formulation and implementation of transport policies and infrastructure, and the<br />
delivery of efficient integrated, multi-modal transport services.<br />
The People’s Committee (PC) of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC), Viet Nam has initiated studies<br />
to develop a rail mass rapid transit (MRT) system for the <strong>City</strong> based on the current MRT<br />
Master Plan (as approved in January 2007). Prior to early 2008, tTwo lines (MRT2 and MRT3)<br />
had been proposed for Asian Development Bank (ADB) funding with another line (MRT1) to<br />
be financed by the Government of Japan 1 . The Government of <strong>Chi</strong>na, is a developing a<br />
proposal for an MRT line, there are other proposals including one from <strong>Chi</strong>na for MRT,<br />
Malaysian interests to develop a monorail, and for a French consortium to develop a tram<br />
route.<br />
ADB has mobilized a PPTA and selected a firm for the following components of the project<br />
preparation for MRT Lines 2 and 3. The PPTA study, which commenced in May 2007 and is<br />
to be completed in May 2008, is responsible for providing:<br />
• An optimized MRT Master Plan which integrates the currently proposed MRT lines into<br />
a cohesive network with other modes, identifies required supporting policies, and<br />
develops design parameters for the two project lines.<br />
• A feasibility assessment and preliminary engineering design for the two project lines.<br />
The PPTA must confirm the engineering feasibility, and identify social and<br />
environmental impacts for accurate cost estimation and financial appraisal.<br />
• A plan to support project implementation, including institutional and staffing<br />
arrangements, capacity building, financing/funding options, and implementation<br />
program.<br />
In parallel, ADB mobilized a grant from the Public Private Infrastructure Advisory Facility<br />
(PPIAF) to optimize private sector participation in MRT 2 and 3, and to assist the HCMC PC<br />
to develop appropriate short term and longer term implementation and management<br />
arrangements for MRT in the context of wider urban transport<br />
1 During 2007, the JBIC’s role in funding increased with principal or sole involvement in the first three MRT<br />
lines.<br />
1
1.2 Objectives of PPIAF Technical Assistance<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
The objectives of the PPIAF technical assistance (TA) therefore included developing (i) a<br />
framework for considering private sector participation in implementation and operation of the<br />
Project; (ii) a value-for-money analysis for implementation approaches that involve varying<br />
degrees of private sector participation, (iii) a detailed financial model reflecting the preferred<br />
approach and measuring the performance of the project from the points of view of the<br />
government and private sector participants; and (iv) a stakeholder feedback and a description<br />
of necessary institutional and contractual arrangements given the preferred implementation<br />
approach.<br />
This PPIAF TA draws on detailed information on project costs, patronage and revenue<br />
prepared by consultants undertaking the PPTA. The results of its work were presented in<br />
conjunction with the work of the PPTA to ensure an integrated and complete business case<br />
that the HCMC PC and ADB can use to direct implementation and ongoing operations.<br />
1.3 This Completion Report<br />
This Completion Report summarizes the key findings and recommendations of the TA. In<br />
doing so, it draws upon the following reports, working papers or other outputs prepared by<br />
the TA:<br />
Table 1.1: Activities and Outputs<br />
Activity Principal Outputs<br />
1. Framework for Considering Private<br />
Sector Participation (PSP) – Options<br />
Development<br />
2. Risk and Value-for-Money Analysis<br />
3. Financial Analysis: Financing Plan &<br />
Financial Model<br />
4. Stakeholder Feedback and<br />
Implementation Arrangements<br />
• Issues and Options for Private Sector Participation<br />
& Concession Template Working Paper –<br />
Vietnamese and English language versions (April 2008).<br />
Refer Appendix A for English Version.<br />
• Financial Modeling Working Paper & Model –<br />
Vietnamese and English language versions (June 2008).<br />
Refer Appendix B for English Version.<br />
• Financial Modeling – as above<br />
• Inception Report – English language version only<br />
(March 2008)<br />
• Stakeholder Feedback and Implementation<br />
Arrangements: Institutional Options Working<br />
Paper – Vietnamese and English language versions<br />
(March 2008). Refer Appendix C for English Version.<br />
• Stakeholder Engagement Plan – English language<br />
version only (March 2008) – Informal document.<br />
• Fares and Ticketing Working Paper – Vietnamese<br />
and English language versions (June 2008). Refer<br />
Appendix D for English Version.<br />
The PPIAF TA mobilized on March 3, 2008. Work proceeded intermittently in HCMC and<br />
the consultants’ home offices over the period to July 2008. Subsequent sections of the report<br />
discuss identified key issues and priorities and the work program formulated to meet the<br />
2
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
requirements of the TA. Several meetings with key agencies were held including the<br />
Management Authority for Urban <strong>Rail</strong>ways (MAUR) of the HCMC PC, other agencies of the<br />
PC, financial institutions, the PPTA team and the visiting supervising mission from ADB.<br />
1.4 Study Team<br />
The PIAF consultant team responsible for preparing this report were greatly assisted by staff<br />
from the HCMC PC’s:<br />
• Management Authority for Urban <strong>Rail</strong>ways;<br />
• Department of Planning and Investment; and<br />
• <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for Urban Development.<br />
Important guidance was also provided by several ADB staff who visited HCMC during the<br />
inception mission including: Dr Hubert Jenny, Senior Urban Development Specialist,<br />
Southeast Asia Department, Infrastructure Division; Dr Antoine Kunth, Infrastructure<br />
Specialist, Southeast Asia Infrastructure Division; Mr Le Dinh Thang, Program/Project<br />
Implementation Officer, Viet Nam Resident Mission; Mr Jamie Leather, Senior Transport<br />
Specialist, Energy, Transport and Water Division, Regional and Sustainable Development<br />
Department, and Yuji Tsujiki Financial Analysis Specialist Infrastructure Division, Southeast<br />
Asia Department.<br />
David Margonstern, PADDI (Centres de prospective et’etudes urbaines of the Rhone Alpes<br />
Region, France), who worked closely with many departments in the HCMC PC provided<br />
valuable inputs. Close cooperation with the PPTA team was also facilitated by the PPIAF<br />
team making use of the PPTA team’s office and day to day interaction.<br />
The consultant study team consisted of:<br />
• Philip Sayeg, the Urban Transport Planning Specialist /Team Leader;<br />
• David Bray, Urban Transport Institutional Specialist; and<br />
• Dr Sudhisakdi Manibhandu, Private Sector Financing Specialist (Public Private<br />
Partnerships).<br />
3
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
2. Activity 1: Framework for Considering Private Sector<br />
Participation (PSP) – Options Development<br />
Under this Activity, in accordance with the ToR for the TA, various opportunities to use the<br />
private sector for implementing and operating rail mass rapid transit (MRT) in HCMC had to<br />
be considered. The English language version of the Working Paper prepared for the TA<br />
which is entitled “Issues and Options for Private Sector Participation and Concession<br />
Template” (contained in Appendix A) provides full details of the work carried out which is<br />
summarized below.<br />
Options for private sector participation were considered with a broader view than any<br />
individual MRT line in HCMC because the ultimate objective of the government is a<br />
substantial increase in the use of public transport in the city, which in turn requires an<br />
integrated public transport system. The use of the private sector is not addressed from an<br />
ideological perspective, but rather as a means for securing the delivery of high quality MRT at<br />
the lowest possible cost to the community.<br />
The Working Paper notes that the private sector has been involved in MRT in nearby<br />
countries in recent years: always for implementation of infrastructure; often for the operation<br />
of services; and to a lesser extent for investment in MRT assets. It also notes general<br />
experience that the cost of public sector operation of public transport is higher than with<br />
private sector operation, and that there is a general worldwide trend to make greater use of the<br />
private sector for the operation of public transport.<br />
Consideration was given to the range of factors that affect the manner in which the private<br />
sector could be involved. These factors have two broad influences. The first is the extent to<br />
which the private sector could provide finance for implementation of the MRT. In this<br />
respect, it appears that the current approach to MRT in HCMC is likely to result in fare and<br />
related revenue that will, at best, cover operating costs and make a small contribution to<br />
capital costs. Accordingly, the government will need to eventually pay the private sector for<br />
most of the cost of any capital that the private sector might provide in the first instance to<br />
implement the project. While the cost of capital to the private sector is generally more<br />
expensive than the cost of capital for the government, the report notes that this may be offset<br />
by lower costs that result from the transfer of manageable risk to the private sector and the<br />
incentive for the private sector to better integrate assets and operations to reduce life-cycle<br />
costs.<br />
The second influence is on the form of the agreement between the government and the<br />
organization that is to operate the MRT system (called the concessionaire). It is essential that<br />
such an agreement be in place, irrespective of whether the concessionaire is a government or a<br />
private organization. It is common for such agreements to have a term of around 30 years or<br />
so, especially where the concessionaire contributes capital investment. There is also a need for<br />
the agreement to include conditions that provide the operator with the incentive to undertake<br />
their tasks in a manner that meets the government’s objectives for MRT in HCMC.<br />
There has been a tendency in the past to use a form of agreement wherein the concessionaire<br />
keeps fare and other revenue for the MRT line to which the contract pertains and uses the<br />
revenue to cover its costs. The government may need to provide supplementary financing if<br />
the revenue available to the concessionaire is insufficient to met the costs. This approach,<br />
called a Net Cost form of concession, has major limitations. In particular it does not facilitate<br />
operation of an integrated public transport system and reduces the flexibility of the<br />
government to develop the transport system and modify its urban transport policies over the<br />
term of the concession. An alternative approach, called a Gross Cost form of concession, is<br />
4
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
strongly recommended. Under it, revenue from fares accrues to the government, which in<br />
turn pays the concessionaire for the services that the concessionaire provides. Refer Table 2.1<br />
for a summary of the features of each approach.<br />
Table 2.1: Summary of Net Cost and Gross Cost Concession Models<br />
Net Cost Gross Cost<br />
Infrastructure Government provides civil infrastructure. Concessionaire provides trains and related items such as<br />
train control & communications systems and depot equipment.<br />
Risk sharing Concessionaire assumes all patronage risk,<br />
and shares extra profits (if any) with the<br />
Authority.<br />
Risk is shared between the Authority and<br />
concessionaire. Optimum sharing of risk will minimise<br />
the concession cost.<br />
Revenue Concessionaire keeps revenue Fare revenue is given to the Authority<br />
Services Concessionaire determines services to be<br />
provided on the basis of profitability.<br />
Payments Concessionaire meets costs from its own<br />
revenue. Additional payments may be<br />
needed from the government if<br />
concessionaire’s revenue is too low.<br />
Authority role Authority invites tenders & establishes a<br />
concession; has only a small role<br />
thereafter; difficult to vary contract<br />
conditions.<br />
Source: Consultant<br />
Authority sets service standards and the<br />
concessionaire determines services based on these<br />
standards.<br />
Authority pays the concessionaire for services<br />
provided according to rates set on the basis of<br />
competitive tendering and quantity/quality of service<br />
provided.<br />
Authority invites tenders and establishes a<br />
concession; has a continuing major role in managing<br />
the concession agreement; can vary conditions when<br />
needed.<br />
The Working Paper describes how this form of concession can be implemented to give the<br />
concessionaire (or any other operator) the incentive to provide good quality services that meet<br />
the needs of passengers at the lowest possible cost and with the least need for detailed<br />
management of the concession contract by the government.<br />
Four possible implementation options were considered. All four were subject to value-formoney<br />
analysis as described in Section 3 of this report, to indicate the potential cost to the<br />
government of delivering Line 2 of the MRT system and the provision of services on the line<br />
over the long term. The results of this analysis will be presented in a separate report. The<br />
options are:<br />
• Government financing, implementation and operation of the MRT.<br />
• Government financing and implementation of all MRT assets, and engagement of a<br />
concessionaire to operate MRT services.<br />
• Government financing and implementation of MRT civil infrastructure, and<br />
engagement of a concessionaire to finance and provide trains and related electrical and<br />
mechanical equipment and systems, and to operate MRT services.<br />
• Private sector financing, implementation and operation of the MRT.<br />
Key features of each of these four options are shown in Table 2.2.<br />
5
Delivery of:<br />
Civil Infrastructure<br />
and Fixed Equipment<br />
Trains, train control<br />
and communications,<br />
and depot equipment<br />
Train services and<br />
infrastructure<br />
maintenance<br />
Risk Transfer<br />
Finance<br />
Civil Infrastructure<br />
and Fixed Equipment<br />
Trains, train control<br />
and communications,<br />
and depot equipment<br />
Train services and<br />
infrastructure<br />
maintenance<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Table 2.2: Features of Delivery and Financing Models<br />
Public<br />
Enterprise<br />
Public<br />
Implementation<br />
with Operating<br />
Concession (PIOC)<br />
Delivered through competitively tendered contracts to the<br />
government.<br />
Delivered through competitively tendered<br />
contracts to the government.<br />
Contract negotiated<br />
with an SOE.<br />
Transfer of risk from<br />
the government is<br />
limited to the extent<br />
allowed in<br />
construction and<br />
equipment supply<br />
contracts. The<br />
government retains<br />
risk associated with<br />
operations through<br />
its ownership of the<br />
operator.<br />
Competitively<br />
tendered Gross Cost<br />
contract.<br />
As for the Public<br />
Enterprise option but<br />
can transfer operating<br />
risk to the<br />
concessionaire. Some<br />
patronage risk can be<br />
transferred through<br />
the Gross Cost<br />
concession. The<br />
government retains<br />
operating risk related<br />
to mismatch between<br />
trains it provides and<br />
concessionaire needs.<br />
Train Supply and<br />
Operating<br />
Concession (TSOC)<br />
Delivered through a<br />
competitive tendered<br />
Gross Cost concession.<br />
The government<br />
transfers more risk to<br />
the concessionaire<br />
than in the PIOC<br />
option because the<br />
concessionaire<br />
purchases trains and<br />
can therefore bear<br />
more risk for<br />
operations because<br />
they have more control<br />
over service quality.<br />
Capital provided by the government. Capital provided by the<br />
government.<br />
Capital provided by the government. Capital provided by the<br />
concessionaire. The<br />
government pays for<br />
The government<br />
pays all costs<br />
incurred by the SOE,<br />
including working<br />
capital<br />
Fare revenue The government<br />
retains fare and<br />
other revenue (or<br />
pays SOE the<br />
difference between<br />
costs and revenue if<br />
the SOE retains the<br />
revenue).<br />
Source: Consultant<br />
The government<br />
pays for operating<br />
and maintenance<br />
costs as specified in<br />
the contract.<br />
costs as specified in the<br />
contract (to cover both<br />
capital and O&M costs).<br />
Build, Operate &<br />
Transfer<br />
(BOT)<br />
Delivered through<br />
competitively<br />
tendered Net Cost<br />
contract to the<br />
government.<br />
Transfers the greatest<br />
amount of risk from<br />
the government, but<br />
the government loses<br />
flexibility for change<br />
in policy and for<br />
public transport<br />
network integration.<br />
Capital provided by<br />
the concessionaire.<br />
The government will<br />
need to pay for costs<br />
as specified in the<br />
contract (to cover<br />
both capital and O&M<br />
costs net of fare<br />
revenue, where fare<br />
revenue will be much<br />
less than the costs).<br />
Fare revenue accrues to the government. Concessionaire retains<br />
fare and other<br />
revenue.<br />
The Gross Cost form of concession is recommended for the first three options. A Net Cost<br />
form of concession is appropriate for the last option to allow the concessionaire to manage its<br />
greater financial exposure in a way that minimizes its risks. In all four cases, the government<br />
will eventually pay for the total cost of implementing and operating MRT. <strong>Ho</strong>wever, the total<br />
cost to the government will vary. This occurs because the four options involve different ways<br />
of allocating and managing MRT responsibilities, and hence the incentive and capacity for<br />
those involved to manage the associated financial, engineering, operational and patronage<br />
risks.<br />
6
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
The report draws general conclusions about the relative merits of the four implementation/financing<br />
options, but does not unequivocally recommend any particular approach. Rather,<br />
the intention of developing and assessing the options is to provide understanding that can<br />
help the government with its consideration of an arrangement that is appropriate for HCMC.<br />
Two other key recommendations are made. The first is that there should eventually be at least<br />
two companies involved in the operation of MRT in HCMC. This puts competitive pressure<br />
on each operator to improve its performance so that they are not seen to be inferior to the<br />
other operator(s). It also provides data that the government can use to benchmark the<br />
performance of the operators so that it can provide feedback to the operators on<br />
opportunities for improved performance. Finally, it provides the government with flexibility in<br />
the event that one operator fails to perform, with the capacity for another of the operators to<br />
take over in the short term if that should become necessary. The second recommendation is<br />
that international competitive tendering should be used to select the concessionaire, with the<br />
likelihood that a foreign party will form a consortium with a local enterprise. This will bring<br />
international experience and expertise to support the development of world class MRT in<br />
HCMC and provide a sound basis for developing domestic skills in MRT.<br />
Finally, the report presents an outline of a concession agreement and discusses the actions<br />
needed to select a concessionaire and establish and manage a contract.<br />
7
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
3. Activities 2 and 3: Financial Modeling Including Risk<br />
There were several strands to the financial modeling work that are summarized below. The<br />
English language version of the Working Paper prepared for the TA on this Activity is<br />
contained in Appendix B.<br />
3.1 Financial Model<br />
Part of the PPIAF assignment has involved the development of a financial model capable of<br />
being used in MRT network planning and in project preparation of the HCMC Line 2. The<br />
model is used to perform two tasks: (i) a value-for-money (VfM) analysis of MRT project<br />
development options identified in the assignment issues and options analysis for private<br />
participation in the development of Line 2; and (ii) financial analysis of the HCMC Line 2.<br />
The second task, ie financial analysis of Line 2, is reported in the PPTA study documentation.<br />
A technical paper responding to the PPIAF terms of reference describes the financial model<br />
and the VfM analysis carried out of development options for Line 2. The VfM analysis is<br />
summarized in the following paragraphs.<br />
3.2 Financing and Delivery Options<br />
The Issues and Options study identifies for detailed examination four alternative<br />
approaches—including private sector participation and public private partnerships (PPP)—to<br />
project development of Line 2: (i) the project is developed by a state-owned enterprise (SOE),<br />
with government taking maximum responsibility in project management, financing and service<br />
delivery; (ii) the service delivery is by a private sector concessionaire, with government<br />
retaining the remaining project responsibility; (iii) the operating concessionaire supplies (ie also<br />
finances) the required trains and signaling and communications, and government retains all<br />
other responsibility; and (iv) the project is developed as a build-operate-transfer (BOT)<br />
concession, where the private sector take the maximum project responsibility, allowing<br />
government to play only a monitoring and evaluation role, at least in theory.<br />
3.3 Value for Money (VFM) Test<br />
The potential cost to the community of the four options is evaluated and compared in a<br />
quantitative value-for-money (VfM) test. It is common experience that government generally<br />
faces a lower financing cost compared to the private sector. At the same time, statistical<br />
analyses 1 of international transport projects provide well-founded evidence of substantial<br />
public sector optimism bias (a propensity for actual cost to exceed forecast or for actual<br />
revenue to fall short of forecast) in project capital cost estimates. Now, common experience<br />
suggests that, much more than the bureaucratic organization, a private sector enterprise is<br />
generally under strong motivation to manage uncertainly in project planning and<br />
implementation. Meanwhile, studies of privatized public transport 2 , especially bus, indicate<br />
that the private sector can be expected to deliver service at a cost significantly lower than the<br />
public sector. Thus, in theory, an MRT project development with an appropriate assignment<br />
of responsibility and risk between government and the private sector concessionaire could<br />
yield a lower expected cost, risk taken into account, compared to a eg a pure government<br />
effort.<br />
1 See references in Financial Model paper.<br />
2 See Issues and Options paper, Section 2.9.<br />
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A VfM test carried out for the four options indicates that option (iii), private sector trains and<br />
train-related systems supply and service operation, incurs the lowest expected cost to the<br />
community; with option (ii) the next lowest. The BOT option shows a lower optimism bias<br />
than all the other options, but, since it uses the concessionaire’s private sector financing for<br />
the full project investment, it incurs a maximum premium on the government’s financing cost;<br />
this option turns out to have the highest expected cost to the community, the SOE option<br />
included. Evidently the BOT option is a doubly inappropriate approach to MRT project<br />
development. Details of the VfM test methodology, input data and parameters, as well as<br />
results can be found in the Financial Model paper.<br />
3.3.1. Assumptions and contingencies<br />
It is important to understand what assumptions are necessary for, and what contingencies<br />
would invalidate, the VfM test results. These are summarized below.<br />
Market competition. VfM requires a competitive tender market for the concession and for<br />
related sub-contracting of the technology (eg design, construction, systems integration and<br />
installation, operation and maintenance in MRT service provision) and financing services to<br />
ensure that payment of concessionaires and sub-contractors is not in excess of a normal riskweighted<br />
remuneration for effort. This means that an option which has cleared a VfM test<br />
could at the procurement stage be facing a market failure (eg only one bidder), threatening its<br />
ability to deliver the anticipated VfM 1 . Thus, transition and emerging countries in particular<br />
often cannot count on a reliable international supply of private sector financing. The threat of<br />
market failure in a specialized field such as MRT concessioning and sub-contracting should<br />
not be dismissed lightly.<br />
Financial and services market distortions. Here are some examples of distortions that can<br />
threaten or dilute VfM:<br />
• Limited recourse financing of a PPP concession promotes VfM because the senior<br />
lenders, usually financial institutions regulated by a central bank, will for as long as the<br />
debt is outstanding have an interest in the project which is aligned with the authority<br />
granting the concession and bring professional skill to the monitoring of the<br />
concessionaire’s performance. The lenders’ incentive to monitor the concessionaire<br />
performance is diluted with the lenders’ use of credit risk transfer (CRT) products. This<br />
practice dilutes the concession authority’s effort to share an exposure to the<br />
concessionaire’s performance level with the senior lenders, minimizing the monitoring<br />
cost in the process.<br />
• Bilateral ODA financing can also introduce distortions in the sub-contracting markets.<br />
The tying of an ODA loan to supply of goods and services of a national origin restricts<br />
the competitive tendering for the procurement of MRT consulting and construction<br />
services and systems supply. An opportunity can be created for vendors to use the<br />
concessionary pricing of a loan to build in an additional margin on goods and services.<br />
In the long term, the practice can create a situation where, in a narrow field, the<br />
potential suppliers tacitly agree to live and let live instead of competing, with adverse<br />
effect on supply prices and therefore VfM.<br />
• Partnering developed over time among financiers and sub-contractors while having a<br />
potential to be an effective project risk management tool for a concessionaire can be<br />
1 The UK Treasury’s answer to this problem, to give an illustration, is to require any candidate for a PPP<br />
development to have a back-up public sector option to be activated in the event of a market failure.<br />
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abused if allowed to develop into a collusive arrangement, which in the end threatens<br />
VfM.<br />
PPP procurement capability. Ability to procure well is important for realizing VfM. The<br />
balance of opinion, if not of evidence, is that a greater capability is required of the public<br />
sector in the procurement of a PPP concessionaire than in a conventional public works<br />
procurement. Ad hoc outsourcing for the required skills leads to limited results. For example,<br />
legal firms skilled in PPP contracting, forced to make a choice through conflict of interest<br />
rules, can tend to opt for working for the concessionaire side rather than government.<br />
Institutional capability building is required.<br />
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4. Activity 4: Stakeholder Feedback and Implementation<br />
Arrangements<br />
4.1 Key Tasks<br />
Key tasks carried out under this Activity were:<br />
• Stakeholder analysis;<br />
• Concession Template;<br />
• Analysis of institutional options; and<br />
• Fares and ticketing analysis and options.<br />
The outputs of these tasks are<br />
• Stakeholder Feedback and Implementation Arrangements: Institutional Options<br />
Working Paper – Vietnamese and English language versions (March 2008). Refer<br />
Appendix C for English Version.<br />
• Stakeholder Engagement Plan – English language version only (March 2008) –<br />
Informal document;<br />
• Concession Template – refer Section 2 and Appendix A;<br />
• Fares and Ticketing Working Paper – Vietnamese and English language versions (June<br />
2008). Refer Appendix D for English Version.<br />
• Other capacity, likely legal and procurement requirements recognizing the PPIAF team<br />
did not have any legal resources available to them (covered variously in all outputs).<br />
4.2 Key Stakeholders<br />
A list of identified core stakeholders 1 within HCMC is shown in Table 4.1. This list is based<br />
on the information contained in the Working Paper entitled “Stakeholder Feedback and<br />
Implementation Arrangements: Institutional Options.” While several stakeholders at national<br />
and HCMC levels have been identified the most important are shown in bold text in Table<br />
4.1. IFIs or other bilateral donors have been excluded from the Table.<br />
Table 4.1: Identified Key Stakeholders<br />
Stakeholder Responsibility<br />
National Level<br />
Ministry of Transport (MOT) Through its different modal administrations and departments (a) plans,<br />
manages and maintains national infrastructure through its different<br />
departments and administrations; (b) assists local governments in<br />
developing transport plans and selecting transport projects; and (c)<br />
manages public bus transport plans by approving cities master plans<br />
1 From now on in this paper core stakeholders will be referred to only as stakeholders.<br />
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Stakeholder Responsibility<br />
Vietnam <strong>Rail</strong>ways<br />
Administration (VNRA)—<br />
under MOT<br />
Plans and manages the development of the sub sector<br />
Regulates the sub-sector including national and other rail systems including<br />
metro or MRT in cities and provinces. Provides oversight of <strong>City</strong> and<br />
Provincial rail and MRT Master Plans and is charged with approval of<br />
technical standards and safety of rail and MRT systems. Main functions of<br />
relevance to project:<br />
• Informal MRT Master Plan approval<br />
• MRT technical standards<br />
• MRT safety standards & compliance<br />
Ministry of Finance (MOF) Arranging of finance from external agencies including IFIs and provision of<br />
finance to local governments. Currently, financial planning aspects of<br />
future MRT development in Vietnam.<br />
Transport Development Strategy<br />
Institute (TDSI)-under MOT<br />
Department of Planning and<br />
Investment (DPI)-under MOT<br />
The Ministry of Natural<br />
Resources and the Environment<br />
(MNRE)<br />
HCMC PC level<br />
Develops long and medium term transport sector strategies and plans (in<br />
collaboration with modal administrations)<br />
Integrates investment plans prepared by modal administrations for<br />
submission to MPI for inclusion in the PIP and to MOF for inclusion in the<br />
State Budget.<br />
Reviews and approves environmental impact assessments for transport<br />
projects.<br />
People’s Committee Approves key issues such as fares, opening and closing of routes,<br />
schedules and subsidies.<br />
Transport and Urban Public<br />
Works Services’ (TUPWS)<br />
Transport and Industry<br />
Management Department<br />
(TIMD); and the<br />
Management and Operations<br />
Centre for Public Transport<br />
(MOCPT).<br />
HCMC Management<br />
Authority for Urban <strong>Rail</strong>ways<br />
HCMC Investment Fund<br />
(HIFU)<br />
Department of Finance<br />
(DOF)<br />
District Level and Commune<br />
Governments<br />
Urban Planning and<br />
Architecture Department<br />
(DUPA)<br />
Department of Planning and<br />
Investment (DPI)<br />
Traffic Police under the<br />
Public Security Department<br />
Develops cities’ transport strategies; Plans and manages construction;<br />
Maintains urban transport infrastructure; Manages bus transport;<br />
Coordinates planning and implementation of traffic management with<br />
Police. Main functions of relevance to project:<br />
• Transport Strategy<br />
• Traffic management and parking<br />
• Bus route planning & franchising incl bus-MRT integration<br />
• Bus system ticketing<br />
Plans / implements rail-based mass transit plans and has responsibility for<br />
managing and arranging for operations and maintenance. Main functions<br />
of relevance to project:<br />
• MRT civil infrastructure development incl land acquisition<br />
• MRT rolling stock & E&M supply<br />
• MRT ticketing<br />
• MRT operations procurement and/or operations directly<br />
Arrangement of finance through bond issue for counterpart funds,<br />
coordination with private sector incl private financial institutions, possible<br />
shareholding role in a JV operating entity<br />
Treasury functions such as processing of project-related local expenditures<br />
including counterpart payments<br />
Relevant district governments through which a project passes will have a<br />
role in land acquisition & other facilitation<br />
Land Use Master Plan preparation and approval of developments. Land<br />
approvals are separately made by the Department of Natural Resources<br />
and Environment (DNRE) with little linkage to the Master Plan.<br />
Investment programming including one year annual budget and five year<br />
Public Investment Program (PIP)<br />
Enforces traffic management including the operation of traffic signals in<br />
coordination with TUPWS<br />
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4.3 Transport Agencies and Functions in HCMC<br />
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The HCMC PC is the key agency responsible for planning and delivery (ie here referring to<br />
regulation, purchasing of services and oversight, and construction of infrastructure) of public<br />
transport, such as bus, mass rapid transit and supporting land use and transport management<br />
functions. Within the PC the following agencies have key roles for urban transport:<br />
• Transport and Urban Public Works Services (TUPWS) which is responsible for<br />
preparation of city transport strategies, the planning and management of construction,<br />
maintaining urban transport infrastructure, planning and managing bus transport; and<br />
coordinating planning and implementation of traffic management with Police. For<br />
planning and regulation of urban public transport (bus/ other) the Management and<br />
Operations Centre for Public Transport (MOCPT) of TUPWS is the most important<br />
agency;<br />
• Management Authority for Urban <strong>Rail</strong>ways (MAUR) 1 – plans and implements rail<br />
based mass transit infrastructure and responsible for operations;<br />
• Urban Planning and Architecture Department (DUPA) – Land Use Master Plan<br />
preparation and approval of developments. The process of planning is normative and<br />
appears not to reflect market preferences nor what is optimal in terms of infrastructure<br />
and social services provision. Land approvals are separately made by the Department of<br />
Natural Resources and Environment (DNRE) with little linkage to the Master Plan.<br />
Similarly infrastructure planning is made with little reference to the Master Plan. In<br />
addition, even for individual building and more major developments there are no<br />
specific standards or guidelines providing certainty to developers on how much Gross<br />
Floor Area (GFA) they can build or other conditions such as building set back and<br />
building form;<br />
• Department of Planning and Investment – investment promotion, coordination of<br />
investment including development of development assistance from IFIs and bilateral<br />
sources; and<br />
• Department of Finance – treasury, budget, investment planning and arrangement of<br />
sources of finance.<br />
4.4 Key Laws<br />
National and city legislation governs the present provision of public transport services,<br />
currently mainly bus, in HCMC. The laws of most relevance to urban rail or urban MRT are:<br />
• <strong>Rail</strong>way Law 2005 (NA Order No. 35/2005/QH11); and<br />
• HC PC Decree 119/ 2007/QD-UBND establishing the Management Authority for<br />
Urban <strong>Rail</strong>ways.<br />
<strong>Rail</strong>way Law<br />
Within cities the <strong>Rail</strong>way Law 2005 defines relevant types of urban railway as including metro<br />
or MRT using a wide variety of technologies. Authority for planning urban railway networks is<br />
given to People’s Committees (Articles 14 and 15). Master Plans shall be prepared covering a<br />
detailed period of 10 years and less definitive further 10 year period. Fare setting is the<br />
responsibility of the PC.<br />
1 Until September 2007, it was known as the Urban <strong>Rail</strong>way Management Unit and was under TUPWS.<br />
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Decree 119/ 2007/QD-UBND establishing Management Authority for Urban<br />
<strong>Rail</strong>ways, HCMC<br />
The Urban <strong>Rail</strong>way Management Unit (known as the Management Authority for Urban<br />
<strong>Rail</strong>ways) was established in September 2007 by Decree 119. The Authority replaced the<br />
previous Urban <strong>Rail</strong>way Management Division under TUPWS. MAUR is also under the<br />
guidance of Central Ministries – branches and Departments – branches of the city.<br />
The current MAUR structure is shown in Figure 4.1. With new responsibilities for<br />
management of operations and maintenance, the number of staff in MAUR is increasing. It is<br />
also understood that it is proposed to revise the current structure of MAUR in the near future<br />
to better reflect the management and operational functions.<br />
Source: MAUR<br />
PMU Line 1<br />
4.5 Institutional Options<br />
Figure 4.1: Current Structure of MAUR<br />
Vice Director<br />
Nguyen Van Quoc<br />
Planning and<br />
Investment<br />
Technical Quality<br />
Procurement<br />
HCMC PC<br />
Director<br />
Nguyen Do Luong<br />
Vice Director<br />
Tran Thi Anh Nguyet<br />
Administration<br />
Finance and<br />
Accounting<br />
Organization and<br />
Training<br />
Vice Director<br />
Le <strong>Ho</strong>ng Ha<br />
PMU Lines 2 & 3<br />
Given the previous discussion, the alternative arrangements for an Authority relate primarily<br />
to the scope of its functions rather than to the underlying functions themselves. On this basis,<br />
four options for improved institutional arrangements for HCMC are identified:<br />
• Option 1: Strengthen the Management Authority for Urban <strong>Rail</strong>ways (MAUR);<br />
• Option 2: Interim Public Transport Authority using increased PC level<br />
coordination between bus and MRT;<br />
• Option 3: Integrated Public Transport Authority. Refer Figure 4.2. In this option<br />
the proposed Integrated Public Transport Authority would be solely responsible for<br />
ensuring the delivery and operation of a fully integrated public transport system<br />
(MRT and bus) for HCMC; and<br />
• Option 4: Integrated Transport Authority. In this option, a wholly integrated<br />
Authority would plan the multi-modal network, specify the services, program the<br />
investment (including roads, MRT and bus).<br />
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The options are capable of progressive implementation and a summary of their features is<br />
shown in Table 4.1. A worthwhile and practical option is Option 3 which is illustrated in<br />
Figure 4.2. In addition to developing integrated bus and MRT services this option would<br />
enable all public transport ticketing and fares to be integrated as long as MRT and bus<br />
operating arrangements are consistent.<br />
Feature Option 1:<br />
Strengthen MAUR<br />
Integration of<br />
public transport<br />
in HCMC (1)<br />
Transport<br />
outcome<br />
Table 4.1: Improvement Options<br />
Option 2:<br />
Interim PT Authority<br />
Inc easing Inc easing<br />
Fairly good MRT<br />
integration possible<br />
Description Minimum change to<br />
current institutional<br />
responsibilities.<br />
Examples from<br />
other places<br />
Benefits for<br />
customers<br />
<strong>Ho</strong>ng Kong &<br />
Singapore in the 1980s<br />
Ease of use of MRT<br />
with integrated<br />
ticketing and easy<br />
interchanging where<br />
MRT lines intersect<br />
possible<br />
Transport policy & planning (2)<br />
Introduction<br />
Fairly good MRT<br />
integration more likely<br />
As for Option 1 but<br />
improved direction &<br />
coordination<br />
Option 3:<br />
Integrated PT<br />
Authority<br />
Option 4:<br />
Integrated<br />
Transport Authority<br />
Increasing integration �<br />
Fully integrated PT<br />
system more probable<br />
Strong direction and<br />
purpose for PT<br />
Bangkok in 1990s Melbourne and<br />
Brisbane, Australia<br />
Ease of use of MRT<br />
with integrated<br />
ticketing and easy<br />
interchanging where<br />
MRT lines intersect.<br />
Integration with buses<br />
likely.<br />
Agency responsibilities<br />
Passengers able to use<br />
the PT system as<br />
though it was a single<br />
system, with fares,<br />
tickets, marketing and<br />
presentation<br />
integrated. Physical<br />
integration good.<br />
Urban planning DUPA DUPA DUPA DUPA<br />
Fully integrated public<br />
transport system<br />
Strong direction and<br />
purpose for transport &<br />
land use<br />
<strong>Ho</strong>ng Kong, Singapore<br />
As for Option 3 but<br />
better integration with<br />
land use and road<br />
network.<br />
Transport policy TUPWS TUPWS TUPWS Integrated Transport<br />
Authority<br />
Strategic transport<br />
planning<br />
Financing<br />
policies<br />
Fares policy and<br />
service<br />
standards<br />
Regulation (3)<br />
Safety<br />
standards<br />
Environmental<br />
standards<br />
Economic<br />
regulation (5)<br />
TUPWS TUPWS TUPWS Integrated Transport<br />
Authority<br />
DPI & DOF DPI & DOF DPI, DOF with advice<br />
of Integrated PT<br />
Authority<br />
MAUR for MRT;<br />
TUPWS/ MOCPT for<br />
bus<br />
Independent regulator;<br />
TUPWS for bus<br />
MAUR for rail; TUPWS/<br />
MOCPT for bus<br />
Independent regulator;<br />
TUPWS for bus<br />
Integrated PT Authority<br />
for MRT and bus<br />
Independent regulator;<br />
Integrated PT Authority<br />
for bus<br />
DNRE DNRE DNRE DNRE<br />
MAUR MAUR/ Interim PT<br />
Authority<br />
15<br />
DPI, DOF with advice<br />
of Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority for MRT and<br />
bus<br />
Independent regulator;<br />
Integrated Transport<br />
Authority for bus<br />
Integrated PT Authority Integrated Transport<br />
Authority
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Feature Option 1: Option 2: Option 3: Option 4:<br />
Strengthen MAUR Interim PT Authority Integrated PT Integrated<br />
Authority Transport Authority<br />
Public transport program management (4)<br />
Program<br />
coordination &<br />
direction<br />
Project planning<br />
& feasibility<br />
studies<br />
Investment<br />
programming &<br />
financing<br />
approval<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR/ DPI/DOF/ PC MAUR/ DPI/DOF/ PC Integrated PT<br />
Authority / DPI/DOF/<br />
PC<br />
Project design MAUR MAUR Integrated PT<br />
Authority<br />
Environmental &<br />
other approvals<br />
MAUR/ DNRE MAUR/ DNRE Integrated PT<br />
Authority/ DNRE<br />
Tendering MAUR MAUR Integrated PT<br />
Authority<br />
Contract<br />
management<br />
Infrastructure<br />
maintenance<br />
MRT service<br />
design<br />
Concession<br />
preparation and<br />
management<br />
Service delivery<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
<strong>Rail</strong> services Operators/<br />
Concessionaires<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR MAUR Integrated PT<br />
Authority<br />
Operators/<br />
Concessionaires<br />
Operators/<br />
Concessionaires<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority / DPI/DOF/ PC<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority/ DNRE<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
Operators/<br />
Concessionaires<br />
Bus services Operators Operators Operators Operators<br />
Ticketing and<br />
fare collection<br />
Single contract under<br />
PC<br />
Single contract under<br />
PC<br />
Single contract under<br />
Integrated PT Authority<br />
Marketing Operators Operators Integrated PT Authority<br />
and operators<br />
Single contract under<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority and<br />
operators<br />
(1) All options cover the provision of formal public transport in Greater HCMC. (2) Covers setting of policies within which<br />
agencies do detailed project planning & implementation & provision of services. (3) In the case of public transport,<br />
regulation relates primarily to safety. Vehicle registration and driver licensing, which are applicable for bus services, are not<br />
addressed because they are the same for all options. Economic regulation needs to be treated as an integral part of the<br />
Transport Policy and Planning function, though some aspects such as anti-monopoly regulation will be managed by other<br />
government agencies. (4) Includes activities to put strategies into practice strategies, including development and<br />
implementation of projects and arranging for the delivery of public transport and ancillary services. (5) Includes control over<br />
entry to the market (eg how many buses and companies are allowed) and control of fares.<br />
Source: Consultant<br />
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Figure 4.2: Key lines of responsibility for Option 3 – “Integrated Public Transport Authority”<br />
Source: Study Team<br />
4.6 Fares and Ticketing<br />
An objective for rail mass rapid transit (MRT) in HCMC is that it be convenient to use and<br />
free of artificial barriers that could be imposed if MRT lines and their method of operations<br />
were to be done on a “standalone” basis.<br />
The Working Paper contained in Appendix D presents a discussion of the policy issues<br />
regarding fares and ticketing systems and recommends an approach to secure both integrated<br />
fares and an integrated ticketing system primarily for MRT, but also for other public transport,<br />
as MRT will rely on an integrated public transport system to maximize its performance.<br />
Fare policy and an associated ticketing system are essential to the success of MRT and the<br />
broader public transport system. Fare policy is vital because:<br />
• financially, it affects the number of people who will use MRT, which in turn influences<br />
fare revenue, MRT operating costs and, ultimately, the viability of MRT lines;<br />
• socially, the absolute level affects the affordability of public transport to people, while<br />
alternative fare structures have differential, and thus distributional, effects on the<br />
community;<br />
• technically, it influences the form of operating concessions, and the design of the MRT<br />
system in general and the ticket system in particular; and<br />
• for the remainder of transport system, the level and structure of MRT fares affects the<br />
use made of other public transport and the amount of private travel, with consequences<br />
for the transport system and community as a whole.<br />
A policy objective for HCMC, as it is in most cities that seek to provide an attractive public<br />
transport system, should be:<br />
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• an integrated ticket and fare system for MRT and, ultimately, the bus system also; and<br />
• uniform fares for modes of similar quality.<br />
Fare policy is therefore a matter that needs to be addressed at the outset, because it<br />
affects passenger demand, design of stations and interchanges, the financial viability<br />
of public transport, and the form and content of operating concessions.<br />
Table 4.2 shows that achievement of uniform fares and integrated ticketing is best suited to a<br />
Gross Cost form of operating contract and that both need an MRT or Public Transport<br />
Authority with ability to manage more complex concession agreements with more intricate<br />
financial arrangements.<br />
Fare (1)<br />
Table 4.2: Requirements for Uniform and Integrated fares<br />
Ticket Concession MRT Authority<br />
Uniform & integrated Must be integrated All concessions on same basis. Need<br />
revenue settlement system, perhaps with<br />
fares collected by third party. Gross<br />
cost (2) form of concession is better.<br />
Needs an Authority with<br />
ability to manage more<br />
complex concession<br />
agreements with more<br />
intricate financial<br />
arrangements<br />
(1)Uniform fare = same Fare VND/km on all lines; Integrated fare = no second or subsequent flagfall<br />
Link to cost recovery: (i) how will loss of second flagfall with integrated fares be recovered?; and (ii)<br />
how will concessionaires be compensated for different level of cost recovery for each line with<br />
uniform and integrated fares?<br />
(2) Gross cost concession – all fare revenue is paid to the government with bids made for the amount<br />
the government should pay for provision of the tasks set out in the concession. Can involve some<br />
transfer of patronage risk to the concessionaire. Source: Consultant<br />
It will be exceptionally difficult, perhaps impracticable, to implement an integrated ticketing<br />
system with each public transport operator supplying their own equipment without a common<br />
approach. Accordingly, there is a universal movement towards integrated ticketing and fare<br />
systems that are managed centrally rather than by individual service providers. It is<br />
recommended that such an approach is essential for HCMC.<br />
Smartcard<br />
Reader/Device<br />
Operator <strong>System</strong><br />
Central <strong>System</strong><br />
Source: Study Team<br />
Figure 4.3: Integrated Ticketing - Preferred Technical Option<br />
Line 1 Line 2 Bus BRT Other<br />
Open Standard Card/Reader Interface<br />
Open Standard Clearinghouse Interface<br />
Central<br />
Clearinghouse<br />
Phase II<br />
18<br />
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Asian Development Bank and PPIAF<br />
Moving towards implementation of such an integrated fares and ticketing system requires an<br />
appropriate framework in which all necessary studies and activities can be undertaken. While it<br />
is not essential that the fare structure and level be confirmed before commencing the process<br />
of planning an integrated ticketing system, an early decision will provide clarity and direction<br />
to future work. In any event, establishing the fare structure and level is essential to the<br />
development of future MRT lines in HCMC, and is thus a matter than needs urgent attention.<br />
Accordingly, it is recommended that work commence as soon as possible to examine a range<br />
of fare structures and levels, and identify the option that best balances MRT financial viability<br />
and social obligations.<br />
Experience elsewhere suggests that a practical way forward to implementation of an integrated<br />
ticket system is to commence with a high level working group that should:<br />
• recommend a preferred fare structure and level;<br />
• prepare a functional specification for the ticketing system, identify a preferred<br />
technology, and estimate likely capital and ongoing operating and maintenance costs;<br />
• recommend arrangements for an integrated procurement contract that covers both<br />
implementation and ongoing operation and maintenance of the ticket system, and which<br />
also considers possible private sector financing of capital costs;<br />
• recommend institutional arrangements for the management of fares and ticketing for<br />
MRT in HCMC following implementation of a new integrated ticket system; and<br />
• present a program for implementation of the recommendations that describes activities,<br />
costs, schedules and agency responsibilities for government consideration and approval.<br />
It is recommended that this working group should comprise representatives of the PC’s<br />
Management Authority for Urban <strong>Rail</strong> (MAUR), Transport and Urban Public Works Services<br />
(TUPWS), Department of Planning and Investment (DPI) and Department of Finance or<br />
could be an embryonic form of the Integrated Public Transport Authority.<br />
Representatives of organizations and the community who will be affected by the proposals<br />
should be invited to participate, either as members of a steering committee or an advisory<br />
panel. A period of about 12 months will be required for the working group to undertake the<br />
above tasks to the necessary level of detail. The key steps are shown in Figure 4.4.<br />
Following a positive decision on the working group’s report, it is recommended that the<br />
government organization that is to be responsible for managing the ticket and fare system<br />
should be established (at least in the form of a “project office”), and required to prepare:<br />
• bidding documents;<br />
• plans to implement the procurement process, including tender assessment, award and<br />
management procedures; and<br />
• plans for operation of integrated ticketing across the entire MRT system, including<br />
current lines, bus and other modes.<br />
This work is likely to take a further six to twelve months, and will permit the government to<br />
proceed to formalization of institutional arrangements, implementation of the ticketing system<br />
and its ongoing operation. Based on experience in other cities, it is expected that it will then<br />
take about three to four years to tender, contract, deliver, install and commission the ticketing<br />
system, including establishing arrangements for delivery, sale and use of new smartcard-type<br />
tickets and management of fare revenue.<br />
19
Source: Study Team<br />
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Figure 4.4: Steps to Implement Integrated Ticketing & Fares<br />
Finally, responsibility for developing a suitable integrated ticketing and fare policy to support<br />
an integrated MRT and public transport system for HCMC rests with the Management<br />
Authority for Urban <strong>Rail</strong> (MAUR) in the first instance. The thinking needed to develop an<br />
appropriate ticketing system and fare policy cannot be outsourced to others.<br />
4.7 Building Technical and Managerial Capacity<br />
Depending on the option eventually chosen, with the exception of Option 4 (Integrated<br />
Transit Authority) the proposed agency will have a key role in working to efficiently and<br />
effectively connect high level transport policy and plan making done by TUPWS to detailed<br />
implementation.<br />
DPI will continue to have an important role in overseeing the performance of the transport<br />
sector in terms of fiscal monitoring, but would also benefit from having a stronger MAUR or<br />
Integrated Public Transport Authority to provide economic regulation and technical<br />
management of MRT (and/or bus) investment programming and management of annual<br />
MRT operating budgets, and desirably for other public transport.<br />
Economic regulation and oversight involves issues of pricing including fares, subsidies (and<br />
community service obligations), competition, concessioning including compliance supervision<br />
and requires skills in economics and to associated legal and financial impacts.<br />
Technical supervision of rail MRT and public transport investments and their integrated<br />
operation including ticketing requires high level knowledge and skills in:<br />
20
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
• interpreting transport policy and master plans prepared by TUPWS and central<br />
government’s MOT and providing appropriate feedback and advice;<br />
• translating these policies and plans into appropriate forward work programs that can<br />
result in timely and efficient implementation of MRT, other public transport<br />
improvements and reforms, and integrative systems;<br />
• providing appropriate advice to TUPWS/ DPI/ DOF/ DUPA and other agencies as<br />
required; and<br />
• appropriate coordination with the Department of Natural Resources and Environment.<br />
While the PC is acting to strengthen MAUR (under Options 1 and 2) or if it intends to create<br />
an Integrated Public Transport Authority (Option 3) or an Integrated Transport Authority<br />
(Option 4) it should be careful to match the skills and capabilities of the people to be engaged<br />
and /or transferred to the desired new organization and its structure taking full account of the<br />
needed capabilities in high level economic and technical supervision and oversight.<br />
21
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Appendix A: Issues and Options for Private Sector Participation<br />
and Concession Template Working Paper<br />
22
Asian Development Bank<br />
Public Private Infrastructure Advisory Facility<br />
RSC-C71557 (<strong>VIE</strong>),<br />
<strong>TA4862</strong>-<strong>VIE</strong><br />
<strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong><br />
<strong>Metro</strong> <strong>Rail</strong> <strong>System</strong>:<br />
Issues and Options<br />
for Private Sector<br />
Participation, and<br />
Concession Template<br />
April 2008
Table of Contents<br />
Executive Summary ................................................................................................................................ 1<br />
1. Introduction .................................................................................................................................. 3<br />
1.1 Background ........................................................................................................................ 3<br />
1.2 Role of the current report ................................................................................................ 4<br />
1.3 Terminology ....................................................................................................................... 4<br />
2. Factors Influencing the Structure of MRT Delivery ............................................................... 7<br />
2.1 Structuring management in the transport sector .......................................................... 7<br />
2.2 Network integration .......................................................................................................... 9<br />
2.3 Policy control ..................................................................................................................... 9<br />
2.4 Implications of low financial cost recovery for the MRT system .............................. 9<br />
2.5 MRT system components .............................................................................................. 10<br />
2.6 Participants in MRT provision ...................................................................................... 11<br />
2.7 Bundling MRT components .......................................................................................... 11<br />
2.8 Risk transfer ..................................................................................................................... 14<br />
2.9 Forms of MRT concession – Gross Cost and Net Cost ................................................ 14<br />
2.10 Using the private sector to minimize the cost of MRT operations .......................... 16<br />
2.11 Potential roles for the private sector............................................................................. 16<br />
2.12 Assessing the value of private sector involvement - Value for Money analysis ..... 17<br />
3. Identification and Assessment of Potential Concession Models ........................................ 19<br />
3.1 Introduction ..................................................................................................................... 19<br />
3.2 Recent examples in other cities ..................................................................................... 20<br />
3.3 Potential implementation models for HCMC ............................................................. 20<br />
3.4 Next steps ......................................................................................................................... 26<br />
4. Risk Allocation for Concessioning and Financing Options ................................................ 27<br />
5. Concession Template ................................................................................................................ 32<br />
5.1 Key Factors Affecting the Concession Agreement .................................................... 32<br />
5.1.1. Form of Concession .......................................................................................... 32<br />
5.1.2. Allocation of Risk .............................................................................................. 32<br />
5.1.3. Value for Money ................................................................................................ 32<br />
5.1.4. Structure of Payments to the Concessionaire ................................................ 33<br />
5.2 Content of the Template ................................................................................................ 35<br />
5.3 Next Steps to Implement the Template ....................................................................... 37
6. Implementing Competitive Tendering and Concessioning ................................................. 39<br />
6.1 Probity ............................................................................................................................... 39<br />
6.2 Market Testing ................................................................................................................. 39<br />
6.3 Preparation of a Request for Proposals ....................................................................... 39<br />
6.4 Tendering and Tender Assessment ............................................................................... 41<br />
6.5 Concession Contract and Implementation .................................................................. 42<br />
6.6 Concession Management ................................................................................................ 42<br />
6.7 Schedule ............................................................................................................................ 43<br />
Appendix A: Bibliography ................................................................................................................ 44<br />
Appendix B: Summary of Some MRT Concession Arrangements in Other Cities ................ 45<br />
Appendix C: Additional Issues Related to Use of Net Cost and Gross Cost Concessions ... 47<br />
Appendix D: Concession Template ................................................................................................ 56<br />
Appendix E: Presentation and Report Summary ......................................................................... 81
Executive Summary<br />
This report considers opportunities to use the private sector in implement and operate rail<br />
mass rapid transit (MRT) in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC). This matter is considered with a<br />
broader view than any individual MRT line in HCMC because the ultimate objective of the<br />
government is a substantial increase in the use of public transport in the city, which in turn<br />
requires an integrated public transport system. The use of the private sector is not addressed<br />
from an ideological perspective, but rather as a means for securing the delivery of high quality<br />
MRT at the lowest possible cost to the community.<br />
The report notes that the private sector has been involved in MRT in nearby countries in<br />
recent years: always for implementation of infrastructure; often for the operation of services;<br />
and to a lesser extent for investment in MRT assets. It also notes general experience that the<br />
cost of public sector operation of public transport is higher than with private sector operation,<br />
and that there is a general worldwide trend to make greater use of the private sector for the<br />
operation of public transport.<br />
Consideration is given in the report to the range of factors that affect the manner in which the<br />
private sector could be involved. These factors have two broad influences.<br />
The first is the extent to which the private sector could provide finance for implementation of<br />
the MRT. In this respect, it appears that the current approach to MRT in HCMC is likely to<br />
result in fare and related revenue that will, at best, cover operating costs and make a small<br />
contribution to capital costs. Accordingly, the government will need to eventually pay the<br />
private sector for most of the cost of any capital that the private sector might provide in the<br />
first instance to implement the project. While the cost of capital to the private sector is<br />
generally more expensive than the cost of capital for the government, the report notes that<br />
this may be offset by lower costs that result from the transfer of manageable risk to the private<br />
sector and the incentive for the private sector to better integrate assets and operations to<br />
reduce life-cycle costs.<br />
The second influence is on the form of the agreement between the government and the<br />
organization that is to operate the MRT system (called the concessionaire). It is essential that<br />
such an agreement be in place, irrespective of whether the concessionaire is a government or a<br />
private organization. It is common for such agreements to have a term of around 30 years or<br />
so, especially where the concessionaire contributes capital investment. There is also a need for<br />
the agreement to include conditions that provide the operator with the incentive to undertake<br />
their tasks in a manner that meets the government’s objectives for MRT in HCMC.<br />
There has been a tendency in the past to use a form of agreement wherein the concessionaire<br />
keeps fare and other revenue for the MRT line to which the contract pertains and uses the<br />
revenue to cover its costs. The government may need to provide supplementary financing if<br />
the revenue available to the concessionaire is insufficient to met the costs. This approach,<br />
called a Net Cost form of concession, has major limitations. In particular it does not facilitate<br />
operation of an integrated public transport system and reduces the flexibility of the<br />
government to develop the transport system and modify its urban transport policies over the<br />
term of the concession. An alternative approach, called a Gross Cost form of concession, is<br />
strongly recommended. Under it, revenue from fares accrues to the government, which in<br />
turn pays the concessionaire for the services that the concessionaire provides. The report<br />
describes how this form of concession can be implemented to give the concessionaire the<br />
incentive to provide good quality services that meet the needs of passengers at the lowest<br />
possible cost and with the least need for detailed management of the concession contract by<br />
the government.<br />
1
Four possible implementation options are considered in the report. All four will be subject to<br />
value-for-money analysis under the current study to indicate the potential cost to the<br />
government of delivering Line 2 of the MRT system and the provision of services on the line<br />
over the long term. The results of this analysis will be presented in a separate report. The<br />
options are:<br />
• Government financing, implementation and operation of the MRT.<br />
• Government financing and implementation of all MRT assets, and engagement of a<br />
concessionaire to operate MRT services.<br />
• Government financing and implementation of MRT civil infrastructure, and<br />
engagement of a concessionaire to finance and provide trains and related electrical and<br />
mechanical equipment and systems, and to operate MRT services.<br />
• Private sector financing, implementation and operation of the MRT.<br />
The Gross Cost form of concession is recommended for the first three options. A Net Cost<br />
form of concession is appropriate for the last option to allow the concessionaire to manage its<br />
greater financial exposure in a way that minimizes its risks. In all four cases, the government<br />
will eventually pay for the total cost of implementing and operating MRT. <strong>Ho</strong>wever, the total<br />
cost to the government will vary. This occurs because the four options involve different ways<br />
of allocating and managing MRT responsibilities, and hence the incentive and capacity for<br />
those involved to manage the associated financial, engineering, operational and patronage<br />
risks.<br />
The report draws general conclusions about the relative merits of the four implementation/financing<br />
options, but does not unequivocally recommend any particular approach. Rather,<br />
the intention of developing and assessing the options is to provide understanding that can<br />
help the government with its consideration of an arrangement that is appropriate for HCMC.<br />
Two other key recommendations are made. The first is that there should eventually be at least<br />
two companies involved in the operation of MRT in HCMC. This puts competitive pressure<br />
on each operator to improve its performance so that they are not seen to be inferior to the<br />
other operator(s). It also provides data that the government can use to benchmark the<br />
performance of the operators so that it can provide feedback to the operators on<br />
opportunities for improved performance. Finally, it provides the government with flexibility in<br />
the event that one operator fails to perform, with the capacity for another of the operators to<br />
take over in the short term if that should become necessary. The second recommendation is<br />
that international competitive tendering should be used to select the concessionaire, with the<br />
likelihood that a foreign party will form a consortium with a local enterprise. This will bring<br />
international experience and expertise to support the development of world class MRT in<br />
HCMC and provide a sound basis for developing domestic skills in MRT.<br />
Finally, the report presents an outline of a concession agreement and discusses the actions<br />
needed to select a concessionaire and establish and manage a contract.<br />
A detailed presentation of issues addressed in the report is presented in Appendix E.<br />
2
1. Introduction<br />
1.1 Background<br />
The People’s Committee (PC) of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC) has initiated studies to develop a<br />
rail mass rapid transit (MRT) system for the <strong>City</strong>. An MRT Master Plan was prepared as part<br />
of a Japanese funded urban transport study, HOUTRANS. An updated Master Plan with six<br />
MRT lines was approved in December 2006. A proposal for two monorail lines is also under<br />
consideration, as is the use of bus rapid transit (BRT). These systems would complement an<br />
evolving on-street bus system.<br />
Two lines (UMRT2 and UMRT3) have been proposed for Asian Development Bank (ADB)<br />
funding with another line (UMRT1) to be financed by the Government of Japan and one line<br />
by the Government of <strong>Chi</strong>na. ADB has mobilized a Project Preparatory Technical Assistance<br />
(PPTA) to assist the government to develop UMRT2 and UMRT3 (or variations on those<br />
lines if that should be recommended – termed the Project hereafter). The PPTA, which<br />
commenced in May 2007 and is to be completed in May 2008, is responsible for providing:<br />
• an optimized MRT Master Plan which integrates the currently proposed MRT lines into<br />
a cohesive network with other modes, identifies required supporting policies, and<br />
develops design parameters for the two project lines;<br />
• a feasibility assessment and preliminary engineering design for the Project lines - the<br />
PPTA will confirm the engineering feasibility, and identify social and environmental<br />
impacts for accurate cost estimation and financial appraisal; and<br />
• a plan to support project implementation, including institutional and staffing<br />
arrangements, capacity building, financing/funding options, and implementation<br />
program.<br />
In addition, ADB has mobilized a grant from the Public Private Infrastructure Advisory<br />
Facility (PPIAF) 1 to assist the government to consider the appropriate role for the private<br />
sector in implementing and operating the Project, with a view to minimizing the cost of the<br />
project to the government on a risk adjusted basis and taking advantage of a market oriented<br />
approach to maximizing the benefits of the Project. The study will provide the following<br />
outputs:<br />
• a framework for considering private sector participation in implementation and<br />
operation of the Project;<br />
• a value-for-money analysis for implementation approaches that involve varying degrees<br />
of private sector participation;<br />
• a more detailed financial model reflecting the preferred approach and measuring the<br />
performance of the project from the points of view of the government and private<br />
sector participants; and<br />
• a stakeholder feedback and a description of necessary institutional and contractual<br />
arrangements given the preferred implementation approach.<br />
1 The Public-Private Infrastructure Advisory Facility (PPIAF) is a multi-donor technical assistance facility<br />
aimed at helping developing countries improve the quality of their infrastructure through private sector<br />
involvement. For more information on the facility see the website: www.<strong>ppiaf</strong>.org.<br />
3
1.2 Role of the current report<br />
The current report addresses the first of these subjects under the PPIAF study. It is noted that<br />
the objective for arrangements that are to be adopted for implementation and operation of the<br />
Project are to:<br />
• minimize overall costs to the government on a risk-adjusted basis, covering<br />
‒ initial capital costs for infrastructure;<br />
‒ ongoing operating and maintenance costs for infrastructure and train operations; and<br />
‒ costs incurred by the government to manage implementation and operation of the<br />
Project; and<br />
• maximize the benefits of the Project, including maximizing MRT patronage.<br />
The form of construction contracts is generally well understood, and is not addressed in the<br />
current report. Rather, the focus is on:<br />
• the operation and maintenance of infrastructure and provision of train services,<br />
including the role of the private sector in undertaking and financing these activities;<br />
• the extent to which infrastructure provision and financing can be undertaken by the<br />
private sector; and<br />
• the extent to which provision of infrastructure and its financing should be linked with<br />
subsequent operations and maintenance of the Project.<br />
Following sections of this report therefore:<br />
• address some terminological matters to clarify subsequent discussion;<br />
• present an overview of issues that will affect the role of the private sector with regard to<br />
the Project, including features of the Project, its potential financial performance and the<br />
structuring of government responsibilities in the transport sector; and<br />
• identify a range of private sector roles and screen these to identify four models that will<br />
be subject to a value-for-money analysis (i.e. the second component of the PPIAF<br />
study).<br />
1.3 Terminology<br />
A range of terminology can be used to describe participants in, and arrangements for, the<br />
financing, implementation and operation of an MRT line. To avoid confusion, the following<br />
terms are used in this report:<br />
• The Authority is the government agency that is responsible for ensuring the delivery and<br />
operation of the MRT system.<br />
• The term infrastructure contractor is used to describe the entity (or entities) that constructs<br />
infrastructure, including the supply of directly associated equipment, under a contract to<br />
the Authority. As will be described in Section 2.1, the infrastructure contractor should<br />
be entirely independent of the Authority, i.e. the Authority owns no shares in it.<br />
• Equipment suppliers may provide electrical and mechanical equipment (e.g. any or all of<br />
trains, signaling and communications equipment, power supply systems, train control<br />
systems, escalators, etc.) under contract either directly to the Authority or to an<br />
infrastructure contractor or a concessionaire.<br />
4
• Financier who provides or arranges the provision of capital to finance the construction of<br />
infrastructure or the provision of electrical and mechanical equipment. The financier<br />
may provide the capital as a grant or loan to the Authority or a concessionaire (who<br />
would then use it to pay infrastructure contractors and equipment suppliers); the<br />
Authority or concessionaire would repay the financier on the basis of agreed terms – in<br />
the case of grants, no repayment would be necessary. It is likely that a number of<br />
financiers may be involved in the Project.<br />
• An operator is the organization that delivers train services. It could be part of the<br />
Authority but, as will be described in Section 2.1, it is strongly recommended that this<br />
should not be the case. The operator need not necessarily provide the civil infrastructure<br />
on which the trains operate or even the trains themselves. The operator could be a<br />
public or a private organization.<br />
• A concession is a contract between the Authority and a concessionaire, where the latter is the<br />
organization that delivers train services (i.e. it includes the operator) and any other<br />
agreed activities. The additional activities could include the construction and ongoing<br />
operation and maintenance of infrastructure, the provision of trains and the provision<br />
of finance used to purchase assets. The concession should specify all conditions relating<br />
to the activities for which the concessionaire is responsible.<br />
• The operator or concessionaire could be a government entity (preferably a corporatized<br />
one, i.e. owned by the government but with its own accounts and with its own board)<br />
but, as will be discussed later in this report it is recommended that it should be a<br />
substantially or wholly private company.<br />
• A Net Cost concession involves a concessionaire providing train services and any assets that<br />
may be agreed, and covering the cost of these from revenue that it is able to collect<br />
from passengers and other agreed non-government sources.<br />
• A Gross Cost concession involves the concessionaire providing train services and any assets<br />
that may be agreed, with the Authority paying the concessionaire the full cost of doing<br />
so and with the Authority retaining revenue that it is able to collect from passengers.<br />
• Three forms of agency that undertake commercial operations (i.e. it provides goods or<br />
services and charges users for them) and in which the government has an interest are:<br />
‒ a public enterprise is used as a general term to cover government departments that<br />
undertake commercial operations;<br />
‒ a state-owned enterprise (SOE) is used more specifically for a commercial business that is<br />
fully owned by government and which has been corporatized, i.e. it has its own<br />
board of directors, its own set of financial accounts (with profit and loss, cash flow<br />
and balance sheet statements) and is intended to operate on a profitable basis; and<br />
‒ a joint venture enterprise is used for a commercial business that is like a private<br />
company but in which the government has some shareholding.<br />
• Public private partnership (PPP) which is a general arrangement whereby, in the case of the<br />
Project:<br />
‒ a private sector concessionaire could provide finance, infrastructure and/or services,<br />
and would be paid for the cost of doing so either through revenue they collect from<br />
users of the infrastructure or services, from the government, or from other agreed<br />
sources;<br />
‒ the PPP is governed by a contract between the Authority and the concessionaire;<br />
5
‒ the PPP involves the transfer of as much risk to the concessionaire as the<br />
concessionaire can manage – with the objective that the concessionaire will have the<br />
incentive to avoid the risk coming to fruition and resulting in them incurring higher<br />
costs and/or lower revenue than could be the case; and<br />
‒ with the extent of private sector participation being determined by a value-for-money<br />
analysis that assesses the extent to which the transfer of risk from the government<br />
(where it is generally less well managed) is sufficient to offset the generally higher<br />
cost of capital to the private sector.<br />
A number of other terms are used with regard to contracts. <strong>Ho</strong>wever, they are usually<br />
variations on the terms described above. Examples are:<br />
• A Build Operate Transfer (BOT) contract is a form of PPP. It is generally used where<br />
the revenue from the project is sufficient to cover the cost incurred by the private sector<br />
in providing the assets and services involved, but it is possible to use it in other cases<br />
also. It is generally in the form of a net cost contract.<br />
• Performance Based Contract (PBC) is to make clear that payments under a contract,<br />
and its continuation, are subject to performance meeting specified criteria. In practice,<br />
all contracts can be considered to be performance based.<br />
• Leases are not unique arrangements that are different to those described above, but<br />
rather are specific arrangements relating to the financing and provision of assets.<br />
6
2. Factors Influencing the Structure of MRT Delivery<br />
This chapter discussed factors that affect the way in which the implementation and operation<br />
of the Project can be arranged. The lessons from these issues are used in Chapter 3 to describe<br />
options for HCMC.<br />
2.1 Structuring management in the transport sector<br />
The potential role of the private sector in MRT in HCMC needs to be considered in a broader<br />
context of how government should structure its activities in the transport sector. The activities<br />
undertaken by transport agencies can be categorized as:<br />
• policy and planning, which involves identifying future strategic needs and developing<br />
the policies and plans required to achieve government objectives. It also includes<br />
monitoring and evaluating the performance of outcomes against government objectives,<br />
using this information to refine strategies, and identifying strategic resource needs;<br />
• regulation, which involves establishing and applying technical standards for safety,<br />
security and environmental performance of public transport, and economic regulation<br />
needed in response to market failure;<br />
• program development and management, which involves translating policies,<br />
strategies and regulatory requirements into specific actions such as programs and<br />
projects and providing oversight and monitoring of their delivery; and<br />
• service delivery, which involves delivering, or ensuring the delivery, of transport<br />
infrastructure and services.<br />
Policy &<br />
Strategy<br />
• Policy framework<br />
• Strategic planning<br />
• Regulatory policy<br />
• Financing &<br />
pricing policies<br />
• Performance<br />
monitoring<br />
Figure 2.1 Categorizing the Government Transport Functions<br />
Regulation<br />
• Setting standards<br />
• Registration &<br />
licensing<br />
• Enforcement<br />
Effectiveness –“doing the right thing”<br />
Reports<br />
Informs<br />
7<br />
Program<br />
management<br />
• Project planning<br />
• Investment<br />
programming<br />
• Project, financing<br />
& other approvals<br />
• Design, tendering,<br />
& contracting<br />
• Contract/concession<br />
management<br />
• Monitoring & quality<br />
assurance<br />
Program<br />
delivery<br />
• Infrastructure<br />
• Services<br />
• Marketing<br />
• Finance<br />
Efficiency –“doing the thing right”
These categories of activity serve two broad objectives:<br />
• effectiveness, which is related to ensuring that choices are directed to achieving the<br />
things that the community values, with clear linkages from the desired outcomes to the<br />
outputs of government activities that are needed to achieve the outcomes to, in turn, the<br />
controls, services or other outputs that need to be delivered to achieve these outcomes;<br />
and<br />
• efficiency, which is to provide the controls, services and other outputs that have been<br />
decided on at the lowest possible cost.<br />
This approach has a number of implications for institutional management, for example, it:<br />
• identifies the need to establish clear policies and implementing strategies so that those<br />
involved in delivering transport infrastructure and services have an explicit<br />
understanding of what is expected of them;<br />
• ensures a productive tension between those responsible for strategic planning, project<br />
development and delivery;<br />
• reinforces the need for clear allocation of tasks to agencies to avoid ambiguity about<br />
which agency is responsible for each of them;<br />
• indicates the need for performance management systems that are transparent and hold<br />
managers accountable for delivery of agreed outputs;<br />
• shows a need to separate conflicting functions, in particular;<br />
‒ to separate regulatory from operational activities to avoid the conflict of interest that<br />
arises from an agency regulating itself;<br />
‒ more generally, to separate decisions on effectiveness from those regarding efficiency<br />
so that each area of activity is undertaken with a clear focus; and<br />
‒ to separate commercial activities from non-commercial activities so that the former<br />
are undertaken in a businesslike way with a unmistakable commercial imperative; and<br />
• with regard to the potential role of the private sector, it indicates that:<br />
‒ the role for the private sector is program delivery, which can include a range of<br />
infrastructure, services, promotion and even finance;<br />
‒ use of the private sector must occur within a clear framework of policy and strategic<br />
guidance, regulation and program management, with the government alone being<br />
responsible for these activities; and<br />
‒ the choice of whether to use government agencies or the private sector for program<br />
delivery is a decision that should be based on the approach that has the lowest cost.<br />
The key consequences of this review of functions for the Project are:<br />
• the need for a high level group in government that determines the strategic direction for<br />
public transport in HCMC and sets the framework within which agencies responsible<br />
for individual components of the public transport system undertake their own specialist<br />
activities as part of an integrated approach to public transport;<br />
• the need to separate management and the undertaking of operational activities, with<br />
government (i.e. the Authority) responsible for arranging for the delivery of<br />
infrastructure and services and separate entities to deliver these through contracts, in<br />
particular:<br />
8
‒ the use of contractors to construct infrastructure; and<br />
‒ the use of concessionaires to operate services (though, as will be described in later<br />
sections in this chapter, it is possible to have some infrastructure delivered by a<br />
concessionaire).<br />
As a general rule, the all contracts between the Authority and contractors and concessionaires<br />
should be based on competitive tendering to ensure that the best provider is selected (taking<br />
account of both quality and price aspects of tenders).<br />
2.2 Network integration<br />
The MRT system will ideally be operated as an integrated system from the perspective of<br />
passengers, irrespective of which agencies develop and/or operate individual lines or parts of<br />
the system. This will require:<br />
• integration of physical infrastructure, with passengers able to easily transfer between<br />
MRT lines, between bus and MRT and by walk access to MRT lines;<br />
• integrated ticketing for the MRT system so that passengers can use a single ticket such<br />
as a stored value card to access any part of the MRT system and, ideally, buses and<br />
water transport also; and<br />
• ideally, integrated fares so that passengers are not required to pay a second or<br />
subsequent ‘flagfall’ component when transferring between MRT lines and also with<br />
other public transport modes.<br />
It is also expected that the Project will generally involve the use of trains only on lines<br />
developed under the project, but that the potential will exist for inter-operability with possible<br />
future lines, i.e. the use of trains that travel on different lines in the MRT system.<br />
None of these measures requires a single agency to construct and operate the MRT system as<br />
the desired outcome can be achieved by the Authority setting appropriate technical standards<br />
and structuring contracts appropriately to ensure the necessary level of integration.<br />
2.3 Policy control<br />
The MRT system will have a long life, with for example some infrastructure having a life (if<br />
adequately maintained) of over 100 years and trains having a practical life of around 35 years.<br />
Over such periods, demographic and socio-economic conditions in HCMC can be expected<br />
to change substantially. Government policy priorities may also need to change. It is therefore<br />
inappropriate for the government to set up arrangements for train operations that prevent it<br />
from making essential changes, for example to add new lines or to change bus or MRT<br />
services, the quality of the MRT system, and the structure and level of fares. Equally, the<br />
government should compensate other parties if the changes in policy should adversely affect<br />
them.<br />
2.4 Implications of low financial cost recovery for the MRT system<br />
Previous analysis of the original proposal for lines UMRT2 and UMRT3 (ADB 2007a)<br />
suggested that, after taking account of likely revenue (including fares and the limited non-fare<br />
revenue that could be collected by the operator), there will be a definite need for the<br />
government to finance the fixed infrastructure for the lines from its own sources, an almost<br />
certain need to finance rollingstock, and a 35% probability that it would also need to subsidize<br />
MRT operations on an on-going basis. While it is likely that forecasts of costs and revenue will<br />
9
change in the course of ongoing work, it seems improbable that the level of cost recovery for<br />
any proposed line will change so dramatically as to change this overall picture.<br />
This general conclusion is similar to the situation in other cities in a similar situation to<br />
HCMC. For example the second MRT line in Bangkok appears to be able to generate<br />
sufficient revenue to meet its operating costs but not sufficient to also meet the cost of<br />
rollingstock. In Singapore, the government provided fixed infrastructure and an initial set of<br />
rollingstock with the concessionaire not expected to meet the full cost of replacing<br />
rollingstock when this becomes due. In both of these cities, fares are much higher relative to<br />
the cost of implementing and operating MRT than seems likely to be the case for HCMC.<br />
It will therefore not be possible for a private sector concessionaire to finance, implement and<br />
operate the Project and to meet the costs incurred from potential revenue available to the<br />
concessionaire. Any private sector participation will therefore need to occur on the basis that<br />
the government will need to make some payment to the concessionaire in addition to the fare<br />
and other revenue that may be obtained from the Project.<br />
2.5 MRT system components<br />
The Project will involve the provision of 2 :<br />
• fixed infrastructure, which includes civil works and fixed electrical and mechanical<br />
(E&M) infrastructure<br />
• rollingstock, i.e. trains;<br />
• train control and communications systems;<br />
• a ticket system and associated fare collection and revenue management;<br />
• operations and maintenance (O&M) of all infrastructure and provision of train services;<br />
and<br />
• capital to finance implementation of the Project, including the supply of fixed<br />
infrastructure, fixed E&M equipment and rollingstock.<br />
These components are important in two respects:<br />
• the suppliers of the components will generally be different and will have differing<br />
interests; and<br />
• the components can be procured in different combinations.<br />
The arrangements for implementing and operating the Project need to take account of these<br />
differences to avoid conflicts that will reduce the effectiveness of the Project and to take<br />
2 Drawing on ADB (2007), indicative cost components for the Project are:<br />
• with regard to the initial capital costs, fixed infrastructure, E&M infrastructure, trains and ticketing<br />
systems could account for about 75%, 10%, 10% and 5% respectively of the total cost of the Project;<br />
• the initial capital expenditure will be about 90% of total capital expenditure over the implementation<br />
period and 35 years of operation after allowing for expected re-investment and capacity expansion (on a<br />
present value basis using a real discount rate of 5%) and 75% of actual real expenditure (i.e. without<br />
discounting), and<br />
• allowing for likely re-investment and capacity expansion over a period covering 35 years of operation,<br />
capital and O&M costs could respectively account for around 70% and 30% of the total cost of<br />
providing infrastructure and services (on a present value basis using a discount rate of 5%) and 55% and<br />
45% in actual real expenditure (i.e. without discounting).<br />
10
advantage of mutual interests that can enhance the prospects for success. These matters are<br />
discussed in the next two sections.<br />
2.6 Participants in MRT provision<br />
Implementing an MRT system and providing services on it will require the Authority to take<br />
account of four parties whose interests many not necessarily coincide:<br />
• infrastructure contractors, which are interested only in building the project at a cost –<br />
ongoing maintenance needs are generally small and will generally be undertaken by<br />
smaller specialist companies;<br />
• equipment suppliers for rollingstock and electrical and mechanical equipment (e.g.<br />
signaling, power supply, escalators, etc.), who will be interested in both supplying and, if<br />
possible, maintaining the equipment – this recognizes the specialist nature of, for<br />
example, train maintenance and has the merit of minimizing lifecycle costs by, for<br />
example, avoiding the delivery of lower quality trains that require expensive ongoing<br />
maintenance;<br />
• the operator, who with an operating concession having the correct incentives will wish<br />
to ensure that the project design will be attractive to customers and will minimize<br />
operating costs over the life of the operating concession; and<br />
• financiers of fixed infrastructure and rollingstock, who may be the government if tax<br />
revenue or public debt is used, or private companies if a public private partnership<br />
(PPP) approach is taken.<br />
Developing MRT infrastructure and services requires recognition that these groups need to<br />
work together for the project to be delivered successfully, but that they have different<br />
individual interests including different time horizons and risk sensitivities. In particular, the<br />
infrastructure contractors generally have a short term perspective that covers little more than<br />
the construction period while financiers and operators have a longer term perspective<br />
covering the term over which debt is outstanding in the case of the former and the operating<br />
concession for the latter.<br />
Contracts can include any one or a mix of the four parties. If a concession encompassed the<br />
financing, implementation and operation of the entire Project, it would necessarily involve all<br />
four interests, though to different degrees at different times through the concession. This has<br />
the merit of internalizing the tensions between the four parties, including allowing them to<br />
appropriately share project risks, and potentially minimizing overall costs. <strong>Ho</strong>wever, there is a<br />
risk that the winning concessionaire may not comprise the optimal mix of four parties (i.e. the<br />
infrastructure contractor, equipment supplier, operator and financiers who are each able to<br />
offer the lowest cost) and could involve suboptimal compromises between the parties.<br />
2.7 Bundling MRT components<br />
The activities described in Section 2.5 can be procured in different combinations to achieve<br />
the objectives for an efficient and effective Project. Some key issues that affect this bundling<br />
are:<br />
• Integrating design and operations: Project design and implementation need to take<br />
account of operating and maintenance costs if the overall life-cycle cost of the MRT<br />
system is to be minimized. A single entity could be selected to develop and operate the<br />
system (i.e. the first four of the above components) and even to provide finance as well.<br />
There are no such entities in Vietnam with the skills and experience in all aspects of<br />
11
MRT systems, and few in the world. The range of expertise needed to develop and<br />
operate an MRT system is so broad that they will require that the entity be a consortium<br />
that includes a number of companies with skills in various specific areas. <strong>Ho</strong>wever,<br />
when tendering a consortium may not necessarily secure the best outcome because: (i)<br />
the large size of the contract would limit the number of integrated consortia that could<br />
bid; (ii) the winning consortium will not necessarily include the best combination of<br />
individual companies with specific implementation, operation and financing skills; and<br />
(iii) the consortium may not fully separate the cost of initial development and ongoing<br />
operations in a way that provides sufficient transparency to enable the government to<br />
adequately manage the contract. These limitations are not insurmountable, and can be<br />
managed with sound tendering, tender evaluation and project management processes.<br />
• Integrating rollingstock provision and associated systems with MRT operations<br />
and maintenance: It is possible to arrange for the rollingstock to be provided either: (i)<br />
as part of the infrastructure contract; (ii) as a standalone contract; or (iii) as part of the<br />
operations contract. There is merit in the last of these approaches, i.e. with operating<br />
concessionaire financing, providing and maintaining trains and related items such as<br />
train control & communications systems and depot equipment because:<br />
‒ it ensures that the concessionaire has equipment and systems that they judge will<br />
allow them to provide services that meet their passengers’ needs, with this ability to<br />
hold the concessionaire more closely accountable for the quality of their services<br />
allowing the transfer of some patronage risk to the concessionaire;<br />
‒ it allows the concessionaire to optimize the closely inter-related costs of rollingstock<br />
and train control and operations, together with other operating and maintenance<br />
costs and hence to operate efficiently; and<br />
‒ the financier of the trains (which is likely to be a third party) will place additional<br />
pressure the operator to perform well and meet the requirements of the concession<br />
to protect the financier’s investment 3 .<br />
Nevertheless, it remains important that the government specify key features of the<br />
equipment (e.g. power supply) if it wishes to allow for inter-operability of trains between<br />
lines in the MRT system and to avoid excessive mixes of technology in the MRT system.<br />
A concession agreement would also need to include a clause that provides the<br />
government with the option to buy the trains in the event the operator failed (or was<br />
dismissed by the government due to inadequate performance) to ensure that it could<br />
install another operator who could continue to use the rollingstock. This approach<br />
would avoid a financier adding a risk premium to allow for the possibility that the trains<br />
could be returned to them in the event the operator failed or was dismissed. Still, some<br />
risk needs to remain with the financier if they are to be in a position to pressure the<br />
operator to perform well. Finally, linking rollingstock supply with the operating<br />
concession will require that the concession be for a period equal to the life of<br />
rollingstock (approximately 30-35 years) or provide clear rules for government purchase<br />
3 In this arrangement, the concessionaire would be a consortium that included a financier as well as an<br />
operator. The presence of a clause in the operating concession contract that allowed the financier to replace an<br />
operator that was performing inadequately would be a way to reinforce the mechanism. Notably, the use of<br />
export credit to finance the procurement of trains and other assets would not result in the desired internal<br />
pressure on the operator because this finance is based on an agreement between the export credit agency and<br />
government in Vietnam, i.e. it does not directly link the financier with the operator. If export credit is used, it is<br />
therefore necessary that the credit is not the sole source of finance for the concessionaire, i.e. the concession<br />
needs to involve the use of significant other private sector finance to bring a financier into the concessionaire<br />
consortium who is motivated to monitor and pressure the operator.<br />
12
or the transfer of the rollingstock to another operator if a shorter concession period is<br />
used.<br />
• Packaging infrastructure maintenance: Two practical options for the maintenance of<br />
fixed infrastructure on an ongoing basis (i.e. after the initial warranty period covered by<br />
the construction contract) are to: (i) make it the responsibility of the group who operate<br />
train services; or (ii) package it as a separate contract. The former is preferred because it<br />
avoids potential boundary disputes between the maintenance and operations contracts<br />
(e.g. with the operator claiming that limitations in their performance are due to<br />
deficiencies in infrastructure maintenance). It also draws on the self-interest of the<br />
operator to ensure that the infrastructure is sound condition so that the system is<br />
attractive to passengers and that train operations are not impeded by inadequate<br />
infrastructure maintenance.<br />
• Separating the ticket system and fare collection from other MRT activities: To<br />
meet the needs of passengers, the MRT system must be seen by actual and potential<br />
customers as a seamless system that is easy to use. As an essential element of an MRT<br />
system is that people transfer between lines to reach a greater range of locations, this<br />
cannot be achieved if ticketing is undertaken on a line by line basis. The needed<br />
outcome of an integrated ticketing system can be achieved by either: (i) establishing<br />
standards for an integrated ticket system that the developer of each MRT line is required<br />
to adopt; or (ii) removing ticketing from activities undertaken for individual lines and<br />
implementing it as a separate contract that covers the entire MRT system (potentially<br />
covering ticketing and also fare revenue collection and management). The latter has the<br />
advantage that it:<br />
‒ makes it easier to implement and operate an integrated fare and ticketing system and<br />
provides greater flexibility for future policy changes (e.g. regarding fare price levels<br />
and fare structure);<br />
‒ allows specialization and scale economies in the ticketing and fare revenue<br />
management systems, which should reduce unit costs;<br />
‒ facilitates introduction of ticketing products that are part of more general payment<br />
schemes (e.g. smart cards), with benefits for consumers and possibly also lower costs<br />
– it requires the ticketing organization to be able to enter into commercial<br />
arrangements with financial institutions and other entities and make rapid and<br />
frequent payments to settle accounts as part of its revenue clearing operations; and<br />
‒ permits establishment of an independent contractor (i.e. the supplier and operator/maintainer<br />
of the ticketing system) who would amongst their other duties monitor<br />
patronage 4 .<br />
• Financing: The government can procure private sector capital to develop MRT<br />
infrastructure. Preliminary analysis for HCMC (see Section 2.4), and evidence from<br />
other places, indicates that MRT revenue is unlikely to make a significant contribution<br />
towards the financing of infrastructure. Hence, there are two ways in which<br />
infrastructure can be financed: (i) the government uses its own funds (including general<br />
public debt) to finance the project; or (ii) engage the private sector to both develop and<br />
finance the project in the first instance and repay them over time for the costs the<br />
4 It is recommended later in this report that the payment to concessionaires who provide train services should<br />
be related, in part, to the patronage of their line. Having an independent organisation (i.e. the operator of the<br />
ticket system) as the source of patronage data avoids the conflict of interest associated with concessionaires<br />
providing data on patronage that in turn is used to determine the payments made to the concessionaires.<br />
13
private sector incur. The logic for the latter is that government borrowing capacity may<br />
be limited, and/or the cost of private sector finance may be less than use of public<br />
sector funds when account is take for the transfer of risk to the private sector. This use<br />
of private sector capital together with risk transfer is the essential feature of what are<br />
commonly called a public-private partnership (PPP) or a private finance initiative (PFI).<br />
Means for determining if there is merit in using a PPP arrangement is considered further<br />
in Section 2.12.<br />
2.8 Risk transfer<br />
An essential aspect of contracts is the specification of the responsibilities of the Authority and<br />
concessionaire. Inherent to these responsibilities is the allocation of risk, i.e. the responsibility<br />
for each party to deal with uncertainty regarding matters related to the activities (such as the<br />
precise quantity and cost of materials needed in a construction contract, likely MRT patronage<br />
and MRT operating costs). The Authority will gain the lowest price for a tender by<br />
transferring to the concessionaire) the risk that the concessionaire can manage. The<br />
consequences of transferring a different level of risk are:<br />
• if the Authority transfers less risk, the concessionaire will have less incentive to manage<br />
the risk – this will increase the chance that the risks will occur and will lead to higher<br />
costs, which will be passed on to the Authority; and<br />
• if the Authority transfers more risk than the concessionaire can control, the<br />
concessionaire can be expected to add some allowance in their tender to allow for the<br />
possibility that events beyond their control will occur and will result in them incurring<br />
higher costs – this allowance is sometimes called a risk premium.<br />
Assigning the optimal amount of risk between the Authority and the contractor/concessionaire<br />
(and also between the various groups in a contract/concession consortium)<br />
leaves each in a position to use risk management techniques to minimize the probability that<br />
the risks will be realized and result in financial loss. Establishing the appropriate transfer of<br />
risk to contractors and concessionaires is an essential activity for the Authority, and will<br />
determine the cost that the government will eventually incur for implementation of the Project<br />
and its ongoing operations. Dealing with the latter (i.e. ongoing operations) can be difficult<br />
because it needs to consider matters that can change over time, but is also very important<br />
because the cost consequences of an unsound allocation of risk can be considerable.<br />
2.9 Forms of MRT concession – Gross Cost and Net Cost<br />
As indicated in the definition of terms in Section 1.3, there are two principal forms of contract<br />
for the provision of MRT infrastructure and services; a Net Cost concession and a Gross Cost<br />
concession. The features of these approaches are summarised in Figure 2.2 (see also Appendix<br />
C). Assessment of the options indicates that:<br />
• A Net Cost form of concession has substantial limitations because the need to give the<br />
concessionaire certainty over the circumstances of their system commensurate with the<br />
revenue risk transferred to them either restricts government flexibility with regard to<br />
future MRT development and policy change or requires government to renegotiate<br />
concession agreements to take account of changes that may need to occur in the future.<br />
• A Gross Cost form of concession will almost certainly be the best approach for MRT in<br />
HCMC to give the government the capacity to deliver fully integrated public transport<br />
(including integrated ticketing and a common fare system) that can also adapt to<br />
14
changing circumstances over time, acknowledging that it is not possible to identify in<br />
advance all such changes that could occur over a potential 35 year concession.<br />
• With a Gross Cost concession there should still be an appropriate transfer of risk to<br />
concessionaires to minimize costs, encourage good performance by concessionaires and<br />
minimize concession supervision requirements.<br />
• Concession supervision needs to focus on key factors that will ensure the government<br />
achieves value-for-money.<br />
The government will gain the lowest overall cost by transferring to the concessionaire the risks<br />
that the concessionaire can manage. As an example, it is evident that an MRT operator can<br />
have some influence over MRT patronage, for example by providing good service, but that<br />
other factors beyond the control of the operator also have a substantial influence, for example<br />
the state of the economy, government policy on other transport modes, government land use<br />
policy and patronage on other lines in the MRT system.<br />
Transferring full patronage risk to an operator would result in operators, when bidding for a<br />
contract to operate the MRT, including higher costs in their tender to protect them against the<br />
uncertainty of the risks that are beyond their control. It is judged that the concessionaire may<br />
be able to influence only say 10-20% of their patronage, i.e. a concessionaire providing a poor<br />
quality of service would have patronage around 80-90% of the patronage of a concessionaire<br />
providing a high quality of service. This occurs because (a) many passengers will judge that<br />
they have no choice than to continue to use MRT because road traffic conditions are poor, (b)<br />
patronage is affected by more general social and economic conditions over which<br />
concessionaires have no influence, and (c) patronage on any individual MRT line will depend<br />
on what is happening on the other lines. Transferring this extent of risk to the concessionaire<br />
will encourage them to provide good services to customers without exposing them to<br />
excessive financial risk. This can be achieved by linking part of the payment to the<br />
concessionaire to the number of passengers that they carry on their MRT line.<br />
Figure 2.2: Summary of Net Cost and Gross Cost Concession Models<br />
Net Cost Gross Cost<br />
Infrastructure Government provides civil infrastructure. Concessionaire provides trains and related items such as<br />
train control & communications systems and depot equipment.<br />
Risk sharing Concessionaire assumes all patronage risk,<br />
and shares extra profits (if any) with the<br />
Authority.<br />
Risk is shared between the Authority and<br />
concessionaire. Optimum sharing of risk will minimise<br />
the concession cost.<br />
Revenue Concessionaire keeps revenue Fare revenue is given to the Authority<br />
Services Concessionaire determines services to be<br />
provided on the basis of profitability.<br />
Payments Concessionaire meets costs from its own<br />
revenue. Additional payments may be<br />
needed from the government if<br />
concessionaire’s revenue is too low.<br />
Authority role Authority invites tenders & establishes a<br />
concession; has only a small role<br />
thereafter; difficult to vary contract<br />
conditions.<br />
Source: Consultant<br />
15<br />
Authority sets service standards and the<br />
concessionaire determines services based on these<br />
standards.<br />
Authority pays the concessionaire for services<br />
provided according to rates set on the basis of<br />
competitive tendering and quantity/quality of service<br />
provided.<br />
Authority invites tenders and establishes a<br />
concession; has a continuing major role in managing<br />
the concession agreement; can vary conditions when<br />
needed.
2.10 Using the private sector to minimize the cost of MRT operations<br />
There has been a general tendency for subsidized publicly provided public transport services<br />
to become inefficient, with around half of increased subsidies for public transport being<br />
delivered to passengers through improved services and the remainder resulting in less efficient<br />
service provision, i.e. wasted (Bly et al 1980, 1985). This waste is also evidenced by<br />
international experience in recent years with the contracting out of operation of bus services<br />
that were previously operated by a government agency, with the general literature indicating<br />
that private sector operations achieved savings in recurrent costs (i.e. operating and<br />
maintenance costs) have generally been in the range of 20% to 50%, with some reports of<br />
higher savings, for example (Hensher and Wallis 2005), for example:<br />
• Great Britain: 50%-55%<br />
• Scandinavia: considerable spread of results (5%-34%), but most in range 20%-30%<br />
• USA: 30%-46%<br />
• Australia: 22% (Perth), 38% (Adelaide)<br />
• New Zealand: about 40% (ex-public operators) and about 5% (private operators).<br />
Recent work on the cost of operating buses in Bangkok indicates that private sector operation<br />
would be at least 30% less than with government operation (University of Queensland 2006).<br />
That is the cost government operation of public transport services is likely to be,<br />
conservatively, around one-third to one-half more expensive than with private sector<br />
operation based on competitive tendering. There is, accordingly, a strong case to consider use<br />
of the private sector for service provision. Given that there is no agency in Vietnam with any<br />
experience in MRT operations, this has the added advantage that it avoids the high cost and<br />
complexity of attempting to establish such an organization in the first instance.<br />
2.11 Potential roles for the private sector<br />
An essential task for the government is policy, planning and specification of an integrated<br />
public transport system. Failure to do this, either by neglecting the issues or by assigning<br />
excessive flexibility to concessionaires and contractors, will almost certainly lead to a suboptimal<br />
situation in which the cost of MRT and other public transport will be higher and the<br />
quality and integration poorer than need be the case. It also needs to establish the appropriate<br />
operating regime that will be implemented through operating concessions.<br />
To deliver effective and efficient MRT, the government therefore needs to:<br />
• ensure adequate planning and feasibility has been carried out and that the economic and<br />
financial business case for proposed new MRT lines or other system components is<br />
understood;<br />
• clearly understand the relative merits of alternative approaches to procurement (e.g.<br />
single or multiple contract, and how equipment and services should best be bundled –<br />
see the discussion in Section 3.3) when embarking on procurement for construction and<br />
supply of equipment and be able to clearly specify the key functional requirements for<br />
the infrastructure and services that will apply irrespective of the procurement method<br />
used to arrange delivery of them;<br />
• ensure integrated operations and policy flexibility by keeping control of:<br />
‒ policy on fare structure and level and the instruments (including ticketing) to<br />
implement it;<br />
16
‒ key design features to ensure the system facilitates integrated public transport<br />
services, for example train specification, power supply, common train control<br />
systems to permit inter-operability, ease of transfer between stations where lines<br />
intersect, disability standards so that a disabled person who boards at one station is<br />
able alight or transfer at another, etc.);<br />
‒ key operating parameters that govern the services to be provided, for example to<br />
allow the government to require concessionaires to provide community service<br />
obligations and to ensure MRT services integrate with other public transport<br />
services;<br />
‒ marketing and branding of the MRT system as a whole, while also encouraging<br />
individual operators to be innovative and promote their own services within the<br />
desired framework; and<br />
‒ provision of passenger information through published material (e.g. web sites,<br />
timetables etc.) and call centers.<br />
It is essential that government perform these functions because no other group can do them -<br />
the government’s priority must therefore be with respect to these functions rather than other<br />
functions (i.e. delivering infrastructure and services) that can be undertaken by the private<br />
sector.<br />
Government in Vietnam has considerable experience using the private sector for the delivery<br />
of civil infrastructure, but much less experience using them for delivery of services.<br />
Experience in other cities in Asia (e.g. Bangkok, Singapore, Kuala Lumpur, Manila and<br />
<strong>Ho</strong>ngkong) shows that the private sector can implement and operate high quality and effective<br />
MRT systems. Experience also shows that the private sector can mobilize capital to finance<br />
infrastructure, even if this has not always been successful in terms of providing the private<br />
sector with an acceptable rate of return on their capital. The causes for the financial underperformance<br />
are complex, but can generally be linked to: (a) substantial optimism bias (i.e. a<br />
tendency by both government and the private sector to under-estimate the cost of projects<br />
and, even more importantly, the tendency to over-estimate passenger demand for the<br />
projects); and (b) a failure by government to adequately plan and execute projects and to<br />
implement the complementary land use and transport developments needed for the best use<br />
to be made of the MRT projects.<br />
2.12 Assessing the value of private sector involvement - Value for Money<br />
analysis<br />
The decision on whether to use the private sector to undertake an activity can be based on a<br />
value-for-money (VFM) analysis that takes account of:<br />
• the cost of establishing a public sector agency to undertake the task if such an agency<br />
does not already exist;<br />
• differences in the cost of capital and operating efficiency of the private sector compared<br />
with the government; and<br />
• the extent to which responsibility for uncertainty about future conditions is transferred<br />
to the private sector and the private sector is able to manage the uncertainty so that<br />
higher costs do not result.<br />
The cost of capital for government borrowing will generally be less than private finance<br />
because of the low risk assigned to government (i.e. sovereign) debt and the higher return on<br />
equity capital sought by the private sector. If all other matters were equal, it would therefore<br />
17
e better to use government capital in association with private sector implementation of MRT<br />
infrastructure and private sector option of MRT services to minimize the overall cost of MRT.<br />
<strong>Ho</strong>wever, other matters are not equal because it is possible that the private sector can, with<br />
the appropriate transfer of capital risk to them and with a soundly based and managed<br />
contract, manage the risks to avoid them occurring and incurring financial losses that would<br />
result as may more readily occur with government financing of the assets. The private sector<br />
could also be expected to more firmly resist requests for changes in the scope of the project<br />
than would occur if a government agency was implementing the project.<br />
Hence, it may be possible to transfer sufficient risk to the private sector that offsets the higher<br />
cost of private finance and hence makes a PPP approach the lower cost option. This can be<br />
established using a value for money analysis that compares the cost to the government of<br />
implementing an MRT project using its own capital. This will be tested in financial modeling<br />
to be undertaken through the current study.<br />
18
3. Identification and Assessment of Potential Concession Models<br />
3.1 Introduction<br />
The People’s Committee of HCMC, and government more generally in Vietnam, has<br />
considerable experience in the procurement of civil works through contracts. This experience<br />
has covered situations where contractors involve some form of government ownership (i.e.<br />
they are a public enterprise, a SOE or a joint venture) as well as contractors who are fully<br />
privately owned. The HCMC PC also has experience with contracting the provision of bus<br />
services to SOEs, joint ventures and private companies.<br />
Implementing MRT in HCMC will be more complex than this experience to date because of<br />
issues such as the size of the civil works involved, the cost of operations, the interrelationships<br />
between fixed infrastructure, trains and operations, and the lack of any<br />
experience with MRT infrastructure and, in particular, operations.<br />
Some of the issues that affect arrangements for the implementation and operation of the<br />
Project were discussed in the previous chapter. This chapter draws on that discussion and<br />
experience elsewhere to identify several distinct options or models that could be applied in<br />
HCMC. Several conclusions arising from the discussion in Chapter 2 help to identify some key<br />
features that need to be considered:<br />
• there is a central role for government in specifying key design and operating parameters<br />
for the MRT system – an example of this is where government sets the standards and<br />
specifications for signaling and communications equipment which ideally should be the<br />
same for all lines;<br />
• there is a need to coordinate design and operations – while this does not necessarily<br />
require that they be integrated within a single supply contract, it is likely to be more<br />
easily achieved if this is done;<br />
• the provision and operation of the ticketing system should be contracted separately<br />
from other infrastructure and services to ensure integrated ticketing and fares;<br />
• a Gross Cost form of operating concession allows a better integrated system with policy<br />
flexibility for government and greater certainty for concessionaires;<br />
• the sustainability of the MRT system will be facilitated if the capital cost of trains,<br />
reinvestment in life-expired assets over time and MRT operating and maintenance costs<br />
can be recovered from fare and other MRT-related revenue; and<br />
• the use of government or private sector financing of capital expenditure in the first<br />
instance can be assessed on its own merits, i.e. it can be addressed as a separate issue to<br />
other matters related to MRT development and operations.<br />
It also demonstrates how the use of private sector capital can be assessed to determine if it<br />
provides the government with value for money compared with use of government funds to<br />
provide the necessary capital.<br />
Firstly, though, brief consideration is given to approaches used in other cities that have<br />
implemented MRT in recent years.<br />
19
3.2 Recent examples in other cities<br />
MRT lines that have been implemented in recent years and which provide insights that are<br />
applicable to HCMC include those in Bangkok, Manila, Kuala Lumpur and Singapore. While<br />
somewhat older, <strong>Ho</strong>ng Kong is also briefly discussed.<br />
Three models have been used to implement MRT in Bangkok to date (see also Appendix B):<br />
• The first two lines, which are elevated and 23.5 km in length, was a design, build,<br />
transfer, operate and maintain concession in which a private sector consortium financed<br />
and implemented the system and have the right to operate it over a period of 30 years.<br />
The private sector gains its revenue from fares and a few other small sources, and<br />
receives no subsidy. The system has not been able to generate sufficient revenue to meet<br />
all of its costs, and investors have incurred substantial financial losses.<br />
• The second line (the Blue Line subway) was implemented by the government as a design<br />
and build contract for most of the fixed infrastructure using public funds with a separate<br />
concession for the supply of trains and E&M equipment and for operation of the line<br />
for 25 years. The concessionaire gains its revenue from fares and a few other small<br />
sources, and meets its costs from this revenue, i.e. it does not receive any ongoing<br />
subsidy. Patronage for the line is much lower than forecast, and it seems unlikely that<br />
the concessionaire will be able to meet its financial obligations in the longer term.<br />
• A third line (to the new Suvarnabhumi Airport) is currently under construction. The<br />
government is using a design and build contract to develop all fixed infrastructure and<br />
to supply an initial set of nine trains using public funds. The form of the concession is<br />
not yet determined, but it is notable that the provision of some trains will reduce the<br />
costs that the concessionaire will be expected to cover.<br />
Work examining the development of future MRT lines in Bangkok (ADB 2007b) has<br />
recommended that implementation and operational arrangements for future lines should be:<br />
• government financing of fixed infrastructure through use of public funds with<br />
implementation of fixed infrastructure through conventional construction contracts;<br />
• engagement (through competitive tendering) of a private sector concessionaire to<br />
finance and provide trains and train control and communications equipment, to<br />
maintain fixed infrastructure and to operate train services over a 35 year period under a<br />
Gross Cost form of concession with the appropriate transfer of risk; and<br />
• the government to implement an integrated ticketing system using the private sector to<br />
the greatest extent and with the government retaining all fare revenue.<br />
3.3 Potential implementation models for HCMC<br />
Models for the implementation and operation of the Project in HCMC need to address: (i)<br />
implementation of the infrastructure; (ii) operation and maintenance of the system; and (iii)<br />
financing of the system. Four integrated models for these activities, which illustrate the range<br />
of possible options and their implications, are identified. In all cases it is assumed that the<br />
government agency which is responsible for delivering the project (called the Authority)<br />
engages other entities on a contractual basis to undertake the three tasks, though the other<br />
entities could be a mix of public and private enterprises. The four models are:<br />
• Public Enterprise. In this approach the Authority would use government finance to<br />
implement the Project using capital that it arranges (using government tax revenue,<br />
grants from other levels of government, and sovereign debt), would use competitive<br />
20
tendering to arrange for construction of fixed infrastructure and the supply of trains and<br />
associated systems, and would establish a SOE that would operate and maintain the<br />
system under contract. As the operator would be an SOE, there is no effective risk<br />
transfer from government (i.e. it can only be transferred between different parts of<br />
government) and the concession contract would need to be based on payments to cover<br />
the costs incurred by the SOE. In this arrangement there is no role for the private sector<br />
other than as civil works contractors and suppliers of equipment. This is the broadly<br />
model recommended for UMRT1 (though it was proposed for this line that<br />
maintenance of the line would be undertaken through a separate contract – see Parsons<br />
Brinckerhoff et al 2006).<br />
• Public Implementation with Operating Concession (PIOC). In this approach the<br />
Authority would finance and implement project infrastructure in the same manner as<br />
the Public Enterprise model, but would engage, through competitive tendering, a private<br />
company that would provide services. A Gross Cost approach is adopted for the<br />
operating concession because of the reasons discussed in Section 2.9. (A Net Cost<br />
concession could be used, but this would reduce the integration of the network and the<br />
policy flexibility of the government.) In the PIOC approach, the Authority needs to play<br />
a firmer role in ensuring that the design of the Project takes account of ongoing O&M<br />
costs so that life-cycle costs are minimized and tries to ensure that trains meet the needs<br />
of operators.<br />
• Train Supply and Operating Concession (TSOC). This model uses government<br />
funds to finance fixed infrastructure that is implemented by contractors through<br />
competitive tendering, with a separate operating concession that also involves the<br />
financing and supply of trains and related items such as train control & communications<br />
systems and depot equipment. As with the PIOC model, a Gross Cost concession is<br />
adopted. As in the PIOC approach, the Authority needs to play a role in ensuring that<br />
the design of the Project takes account of ongoing O&M costs so that life-cycle costs<br />
are minimized, but leaves responsibility for the choice of trains to the operating<br />
concessionaire. The approach draws on the potential to bundle train supply with<br />
operations so that more patronage risk can be transferred to the concessionaire. It is the<br />
approach recommended for future MRT lines in Bangkok (see Section 3.2).<br />
• Build Operate Transfer (BOT). This model involves the Authority engages a<br />
consortium to finance, implement and operate the Project through a competitive<br />
tendering process. In keeping with the greater extent of risk transferred to the<br />
consortium in this approach, it is likely that a Net Cost approach would be more<br />
appropriate than a Gross Cost approach, with the tendering process involving the bidding<br />
consortia indicating the amount that the government would need to pay them to<br />
finance, implement and operate the Project over the concession period.<br />
Inherent to these options are: (i) the last two options involve some provision of finance from<br />
non-government sources, which necessarily requires that the group undertaking the task must<br />
be either wholly private or a joint venture; and (ii) options that require private sector finance<br />
for capital investment must transfer related risk to the private sector and allow the private<br />
sector to manage the risk so that they can be held accountable for outcomes. Features of the<br />
four procurement models are described in Figure 3.1.<br />
21
Delivery of:<br />
Civil Infrastructure<br />
and Fixed Equipment<br />
Trains, train control<br />
and communications,<br />
and depot equipment<br />
Train services and<br />
infrastructure<br />
maintenance<br />
Risk Transfer<br />
Finance<br />
Civil Infrastructure<br />
and Fixed Equipment<br />
Trains, train control<br />
and communications,<br />
and depot equipment<br />
Train services and<br />
infrastructure<br />
maintenance<br />
Figure 3.1: Features of Delivery and Financing Models<br />
Public<br />
Enterprise<br />
Public<br />
Implementation<br />
with Operating<br />
Concession (PIOC)<br />
Delivered through competitively tendered contracts to the<br />
government.<br />
Delivered through competitively tendered<br />
contracts to the government.<br />
Contract negotiated<br />
with an SOE.<br />
Transfer of risk from<br />
the government is<br />
limited to the extent<br />
allowed in<br />
construction and<br />
equipment supply<br />
contracts. The<br />
government retains<br />
risk associated with<br />
operations through<br />
its ownership of the<br />
operator.<br />
Competitively<br />
tendered Gross Cost<br />
contract.<br />
As for the Public<br />
Enterprise option but<br />
can transfer operating<br />
risk to the<br />
concessionaire. Some<br />
patronage risk can be<br />
transferred through<br />
the Gross Cost<br />
concession. The<br />
government retains<br />
operating risk related<br />
to mismatch between<br />
trains it provides and<br />
concessionaire needs.<br />
Train Supply and<br />
Operating<br />
Concession (TSOC)<br />
Delivered through a<br />
competitive tendered<br />
Gross Cost concession.<br />
The government<br />
transfers more risk to<br />
the concessionaire<br />
than in the PIOC<br />
option because the<br />
concessionaire<br />
purchases trains and<br />
can therefore bear<br />
more risk for<br />
operations because<br />
they have more control<br />
over service quality.<br />
Capital provided by the government. Capital provided by the<br />
government.<br />
Capital provided by the government. Capital provided by the<br />
concessionaire. The<br />
government pays for<br />
The government<br />
pays all costs<br />
incurred by the SOE,<br />
including working<br />
capital<br />
Fare revenue The government<br />
retains fare and<br />
other revenue (or<br />
pays SOE the<br />
difference between<br />
costs and revenue if<br />
the SOE retains the<br />
revenue).<br />
Source: Consultant<br />
The government pays<br />
for operating and<br />
maintenance costs as<br />
specified in the<br />
contract.<br />
costs as specified in<br />
the contract (to cover<br />
both capital and O&M<br />
costs).<br />
Build, Operate &<br />
Transfer<br />
(BOT)<br />
Delivered through<br />
competitively<br />
tendered Net Cost<br />
contract to the<br />
government.<br />
Transfers the greatest<br />
amount of risk from<br />
the government, but<br />
the government loses<br />
flexibility for change<br />
in policy and for<br />
public transport<br />
network integration.<br />
Capital provided by<br />
the concessionaire.<br />
The government will<br />
need to pay for costs<br />
as specified in the<br />
contract (to cover<br />
both capital and O&M<br />
costs net of fare<br />
revenue, where fare<br />
revenue will be much<br />
less than the costs).<br />
Fare revenue accrues to the government. Concessionaire retains<br />
fare and other<br />
revenue.<br />
It would be possible in all of the models for ticketing to be part of the operating concession<br />
for the Project or for ticketing to be implemented separately for the entire MRT system. It<br />
would be a little more complex to separate ticketing from the concession in the case of the<br />
BOT approach or with net cost approaches to concessions because the concessionaires in these<br />
cases will wish to control all aspects of operation of their line.<br />
22
An initial indicative assessment of the models is summarized in Figure 3.2 using a system<br />
whereby three ticks is the highest possible score and a cross means that the model does not<br />
allow the criterion to be met 5 . Features of the assessment are:<br />
• Minimizing overall costs. None of the options is a perfect means for minimizing<br />
overall costs. The BOT model may be best placed to minimize costs, but is scored only<br />
two ticks because tenderers are likely include risk premiums to allow for risks (e.g. full<br />
patronage risk) that they cannot manage but which they would be required to assume<br />
under the model. While the Public Enterprise model might in theory allow costs to be<br />
minimized, the lesser level of financial discipline that occurs in public enterprises and<br />
the difficulty in imposing sanctions on a government agency are likely to diminish the<br />
potential benefit in practice. The PIOC model will perform less well than the TSOC<br />
model because train supply and financing is separated from operations, which increases<br />
the chance that the trains will not be as well suited to operations (thus leaving more<br />
operating risk with the government) and it does not include the added discipline<br />
resulting from the presence of train financiers in the TSOC model.<br />
• Provide integrated MRT system for passengers. The BOT approach cannot meet<br />
this criterion because the line is operated on a stand-alone basis. In contrast, the TSOC<br />
model transfers patronage risk to the concessionaire to the extent that they can manage<br />
it and provides incentives for the concessionaire to meet the needs of passengers that<br />
cannot be provided to the same extent in the remaining options. It is likely that the<br />
PIOC model will result in slightly less integrated services because of the potential for a<br />
mismatch between trains selected by the government and the needs of the operating<br />
concession. The Public Enterprise model should allow a high level of MRT integration<br />
because all aspects of MRT are under the control of the government. Use of a Net Cost<br />
concession for the Public Enterprise, PIOC and TSOC approaches would result in<br />
these options performing poorly against this criterion because the concessionaire would<br />
be focused on the performance of their line alone and would resist attempts to provide<br />
a more integrated system that did not provide them with some benefit.<br />
• Policy flexibility for the Authority. The BOT approach requires that the<br />
concessionaire be given protection against changes that may affect their revenue, and<br />
hence considerably limits the changes that government can make over the life of the<br />
concession in response to changes in circumstances. Conversely, the Public Enterprise<br />
model gives the government the greatest level of flexibility, with the other options<br />
giving a high level of flexibility. Use of Net Cost concessions for the Public Enterprise,<br />
PIOC and TSOC approaches would result in a similar outcome to the BOT approach,<br />
with the Authority being in the weak position of negotiating with an incumbent<br />
operator over the duration of the concession for any changes they wanted to make to<br />
the system.<br />
• Transfer of civil infrastructure supply risk from the government. The BOT<br />
approach allows most infrastructure risk to be transferred from the Authority. The<br />
extent of transfer is a less with the PIOC and TSOC approaches because the Authority<br />
must coordinate contract management for the supply of fixed infrastructure and other<br />
aspects of MRT though the government can transfer most maintenance risk to the<br />
5 Ongoing work under the current study will examine the financial performance of all four models using a<br />
value-for-money analysis. The role of the current assessment is to indicate the general strengths and limitations of<br />
the four approaches to guide ongoing development of the most appropriate model for the Project.<br />
23
concessionaire 6 . The transfer of risk with the Public Enterprise approach is least<br />
because it remains within government.<br />
• Transfer of operating risk from the government. The Public Enterprise model<br />
merely shifts risk within government rather than transferring it from the government.<br />
The transfer of risk from the government in the other models is linked to the<br />
concessionaire’s incentive to provide the best level of service (which is in turn related to<br />
the extent of patronage risk and the capacity to influence the quality and quantity of<br />
service). Amongst these, the extent of risk transfer is least with the PIOC approach<br />
because the concessionaire can blame inadequate operating performance on the trains<br />
and other M&E assets provided by the government. They would be unable to do this in<br />
the TSOC option because they would be responsible for purchasing the assets. The<br />
BOT model transfers the greatest level of operating risk to the concessionaire.<br />
• Transfer of patronage risk from the government. The BOT model allows the<br />
greatest level of patronage risk to be transferred to the concessionaire because the<br />
approach gives the concessionaire most control over their system and involves a<br />
financier who would place considerable pressure on the MRT operator in the<br />
concessionaire’s consortium to perform well 7 . A lesser level of risk can be transferred to<br />
the concessionaire in the TSOC approach because the financier’s interest is limited to<br />
train supply. The risk transfer is much less with the PIOC approach because of the<br />
absence of this pressure from a financier and because of potential mismatch between<br />
the trains selected by the government and the concessionaire’s needs. There is no<br />
effective transfer of patronage risk in the Public Enterprise model because the<br />
concessionaire (an SOE) is simply another arm of government.<br />
• Firm contractual basis for operations. The PIOC, TSOC and BOT approaches all<br />
involve clear and enforceable contracts. It is judged that enforcing contracts under the<br />
Public Enterprise approach will be less effective because the Authority and the SOE<br />
concessionaire are both parts of government.<br />
• Ease of concession management. It is judged that the resources and skills needed by<br />
the Authority to manage concessions will be least in the case of the Public Enterprise<br />
approach because it will be the weakest in terms of contractual strictness, but will be<br />
similar for the other three models. In general, a BOT approach requires a lower level of<br />
supervision because risks and responsibilities lie primarily with the concessionaire, but<br />
the need in the Project for a considerable subsidy to be paid to the concessionaire in the<br />
BOT case would require the Authority to take a more substantial role to ensure that the<br />
subsidy was being used appropriately.<br />
6 In the PIOC and TSOC options, the concessionaire who is to operate services could be engaged early in the<br />
project implementation process so that they can provide input on operating issue to the project design that may<br />
help reduce life cycle costs. In practice, it will be impractical to do this in sufficient time for the concessionaire to<br />
be able to substantially influence the engineering design, which will be one of the earliest activities to occur for<br />
implementation of project infrastructure (see Section 6.7 for more information on the potential time needed to<br />
engage a concessionaire). Moreover, engaging a concessionaire when the design is incomplete requires additional<br />
care because: (a) the competitive tendering process (including submission of prices for the cost of providing<br />
services) that is used to select the concessionaire must be based on a project design that is not fully specified,<br />
which is likely to result in less optimal bid prices; and (b) to ensure that the concessionaire did not use the<br />
process to vary the contract prices in their contract in their favour. On balance, it is concluded that it will be<br />
relatively better for the government to secure advice on operating needs from other sources to optimise the<br />
engineering design and to independently secure a sound concession contract.<br />
7 In the extreme, the financier could have “step-in” rights to replace the operator in the event that the operator<br />
persistently fails to meet their obligations (see the concession template in Appendix D for more information on<br />
this and similar issues).<br />
24
Figure 3.2: Indicative Assessment of Delivery and Financing Models<br />
Criteria Public<br />
Enterprise<br />
<strong>System</strong> Integration<br />
Public<br />
Implementation<br />
with Operating<br />
Concession (PIOC)<br />
Train Supply and<br />
Operating<br />
Concession<br />
(TSOC)<br />
Build, Operate &<br />
Transfer<br />
(BOT)<br />
Minimize capital and<br />
operating costs<br />
� �� ��� ��<br />
Provide integrated MRT<br />
system for passengers<br />
��� �� ��� �<br />
Policy Flexibility for the Government<br />
Ability for the Authority to<br />
modify MRT system<br />
��� �� �� �<br />
Risk Transfer from the Government<br />
Civil infrastructure risk � �� �� ���<br />
Operating risk � � �� ���<br />
Patronage risk � � �� ���<br />
Management of Operating Concession by the Government<br />
Firm contractual basis for<br />
operations<br />
�� ��� ��� ���<br />
Ease of concession<br />
management<br />
Incentive for contractor/-<br />
��� �� �� ��<br />
concessionaire to do the<br />
thing right<br />
Potential Value-for-Money<br />
Allowing for risk transfer,<br />
� �� ��� ��<br />
associated risk premiums<br />
and the cost of capital<br />
� �� ��� ��<br />
(1) Using a scale of up to 3 ticks, where 3 ticks indicates the best performance. A cross indicates the model cannot meet<br />
the criterion.<br />
Source: Consultants<br />
• Incentive for contractor and concessionaire to meet the government’s needs in<br />
the most efficient way. The TSOC approach is judged more likely to encourage the<br />
contractor and, more especially, the concessionaire to provide the most attractive and<br />
efficient service to passengers because they have reasonable control over the<br />
infrastructure and the extent of risk transfer and payment structure under a Gross Cost<br />
form of concession provides the right incentives for this outcome. The incentive is a<br />
little less in the BOT case because the concessionaire will be more focused on<br />
controlling costs and, with the transfer of patronage risk beyond their capacity to<br />
manage it, may become risk averse and hence less innovative. Similarly, the provision of<br />
trains to the concessionaire in the PIOC approach and the absence of a financier reduce<br />
the pressure and opportunity for the concessionaire to be as responsive as in the TSOC<br />
model. The incentive is even less in the Public Enterprise approach because the<br />
government will incur any costs that result from a lack of performance by the SOE<br />
concessionaire.<br />
• Potential Value-for-Money (VFM). The VFM analysis has not been completed at the<br />
time of preparation of the current report. <strong>Ho</strong>wever, the judgment is made that of the<br />
TSOC approach is likely to be best because it transfers an optimum amount of control<br />
and risk to the concessionaire. The VFM for the BOT approach is reduced by the likely<br />
allowance for risk premiums by the concessionaire and the higher cost of private sector<br />
capital. The PIOC option is also likely to perform less well than the TSOC approach<br />
25
ecause it places less pressure on concessionaires to perform well. The Public<br />
Enterprise approach is judged to perform less well again because there is little transfer<br />
of risk from government, there are considerable risks and costs associated with<br />
establishing an SOE to operate MRT services, and it is likely to be more difficult to<br />
enforce contracts between government agencies.<br />
On balance, the TSOC approach appears to perform better across all criteria than the other<br />
options, with the Public Enterprise and BOT approaches having some particular weaknesses.<br />
Placing a greater weight on MRT system integration and policy flexibility reduces the relative<br />
merit of the BOT approach. As indicated previously, the approaches will be reassessed in the<br />
course of ongoing financial modeling.<br />
3.4 Next steps<br />
The assessment undertaken in this chapter suggests that there is potential for a private sector<br />
role in the Project. It seems that this is unlikely to involve a major role in providing finance<br />
for the Project (as occurs in the BOT approach). <strong>Ho</strong>wever, there appears to be merit in the<br />
involvement of private sector financing for acquisition of trains and related mechanical and<br />
electrical equipment. Similarly, there is a very strong case for use of a Gross Cost form of<br />
concession agreement because it allows the government greater capacity to modify MRT<br />
operation in response to future changed circumstance, more easily permits integrated ticketing<br />
and common fares, and allows the ideal extent of risk transfer to the concessionaire.<br />
The intention of developing and assessing the four options is to provide understanding that<br />
can help the government with its consideration of an arrangement that is appropriate for<br />
HCMC. Other arrangements are possible, and the results of the analysis provide guidance for<br />
establishing the features of such variations and for the approach that is eventually adopted by<br />
the government. An essential element of the structuring of the options is the appropriate<br />
allocation of risk and the use of incentives and penalties so that the concessionaire is<br />
incentivized to undertake the responsibilities allocated to them by the government at the<br />
lowest possible cost.<br />
26
4. Risk Allocation for Concessioning and Financing Options<br />
Responsibility for managing risk (i.e. uncertainty or the chance that things could occur that<br />
result in a variety of problems including higher costs) needs to be allocated in a way that<br />
makes those involved in implementing and operating MRT in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> fully aware of<br />
them and able to manage them to minimize the chance of the problems occurring. Ways in<br />
which risks could be allocated for the four procurement options described in the previous<br />
chapter are described in Table 4.1. The allocation of risk is described in contracts between the<br />
government and other entities that are responsible for various MRT activities.<br />
Table 4.1: Recommended allocation of risk for each concession option<br />
Risk Concession Option (1)<br />
Public<br />
Enterprise<br />
Public<br />
Implementation<br />
with Operating<br />
Concession<br />
(PIOC)<br />
Train Supply and<br />
Operating<br />
Concession<br />
(TSOC)<br />
Build, Operate &<br />
Transfer<br />
(BOT)<br />
Project design<br />
• Changes in project These changes can occur only under the direction of and with the approval of the<br />
scope<br />
• Unexpected<br />
infrastructure<br />
design issues<br />
government and should therefore remain the responsibility of the government.<br />
Civil works procurement<br />
• Unexpected land These risks are generally beyond the control of contractors and the private sector and<br />
acquisition &<br />
resettlement issues<br />
so the government should bear the financial consequences of them<br />
• Unexpected The government can allocate most of these risks to contractors, Most of these risks<br />
changes in<br />
but may need to be responsible for large unexpected changes. can be allocated to<br />
construction<br />
activities and costs<br />
for original scope of<br />
works<br />
the concessionaire.<br />
• Changes in scope of The government should bear the consequences of any changes in the scope of works<br />
works<br />
that it proposes.<br />
• Latent condition for<br />
civil infrastructure<br />
The government should be responsible for such uncertainty.<br />
• Effect of delayed This risk is under the direction of the government and so the The concessionaire<br />
construction on government should compensate the concessionaire for<br />
is wholly responsible<br />
concession additional costs that the latter incurs as a result of the delay. for managing<br />
commencement<br />
implementation and<br />
should bear the<br />
consequences of<br />
delays.<br />
E&M and train procurement<br />
• Changes in The risks remains with the government. These risks can be transferred to the<br />
technology<br />
• Changes in unit<br />
costs<br />
• Delay in E&M and<br />
train delivery<br />
concessionaire.<br />
• Changes to The ticket system is under the control of the government in The Net Cost<br />
ticketing system these options.<br />
concession makes<br />
that are initiated by<br />
the government<br />
risk transfer difficult.<br />
27
Risk<br />
Maintenance of assets<br />
• Changes in<br />
infrastructure<br />
maintenance needs<br />
• Changes in unit<br />
costs for<br />
maintenance of<br />
infrastructure<br />
• Inadequate<br />
maintenance of civil<br />
assets<br />
• Inadequate<br />
maintenance of<br />
trains and M&E<br />
assets<br />
Service provision<br />
Concession Option (1)<br />
Public Public Train Supply and Build, Operate &<br />
Enterprise Implementation<br />
with Operating<br />
Concession<br />
(PIOC)<br />
The risk remains with<br />
the government.<br />
Most risk can be transferred to the<br />
concessionaire.<br />
Operating Transfer<br />
Concession (BOT)<br />
(TSOC)<br />
Full risk can be transferred to the concessionaire.<br />
Difficult to transfer<br />
full risk to the<br />
concessionaire<br />
because they did<br />
not chose the<br />
assets.<br />
Full risk can be<br />
transferred to the<br />
concessionaire.<br />
Full risk can be transferred to the<br />
concessionaire.<br />
• Service standards The government specifies safety and security standards, but<br />
seeks to use the transfer of some patronage risk to the<br />
concessionaire to minimize the need for detailed specification of<br />
service standards.<br />
• Train service<br />
schedules<br />
• Changes in unit<br />
labor costs<br />
• Changes in unit<br />
power costs<br />
• Changes in unit<br />
costs of other<br />
inputs<br />
• E&M and train<br />
maintenance,<br />
rehabilitation and<br />
replacement<br />
• Industrial, security<br />
or emergency event<br />
off the system<br />
Subject to the transfer of some patronage risk to the<br />
concessionaire, responsibility for service planning can be<br />
transferred to the concessionaire, with the concessionaire<br />
seeking approval from the government for changes.<br />
Even though the risks<br />
could be transferred<br />
to the<br />
concessionaire, the<br />
concessionaire is a<br />
public company and<br />
so the risk remains<br />
with the government.<br />
Can either (a) transfer the risk to the<br />
concessionaire by using only a single<br />
escalation factor for future payments, or<br />
(b) use separate escalation factors for<br />
each item to avoid the transfer of<br />
difficult-to-manage uncertainty to the<br />
concessionaire.<br />
Government<br />
purchase of the<br />
assets means that<br />
risk associated with<br />
maintenance of<br />
them should remain<br />
with the<br />
government<br />
The government<br />
specifies only safety<br />
and security<br />
standards, with the<br />
fully transfer of<br />
patronage risk to<br />
the concessionaire<br />
avoiding the need<br />
for specification of<br />
other service<br />
standards.<br />
Full responsibility is<br />
transferred to the<br />
concessionaire.<br />
Risk transferred to<br />
the concessionaire<br />
through use of a<br />
simple cost inflation<br />
index.<br />
The risk can be transferred to the<br />
concessionaire.<br />
The risk needs to be shared between the government and the<br />
concessionaire.<br />
28
Risk<br />
Patronage and revenue<br />
• Changes in<br />
patronage due to<br />
poor service quality<br />
• Exogenous changes<br />
affecting patronage,<br />
e.g. changes to the<br />
public transport<br />
system in HCMC,<br />
very substantial<br />
changes in fuel<br />
prices and other<br />
changes in socioeconomic<br />
conditions<br />
• Change in fare<br />
policy<br />
• Fare collection<br />
security<br />
• Change in other<br />
revenue<br />
Concession Option (1)<br />
Public Public Train Supply and Build, Operate &<br />
Enterprise Implementation<br />
with Operating<br />
Concession<br />
(PIOC)<br />
Even though the risks<br />
can be transferred to<br />
the concessionaire,<br />
the concessionaire is<br />
a public company<br />
and so the risk<br />
remains with the<br />
government.<br />
Concessionaire bears some risk because<br />
part of their payment is related to<br />
patronage.<br />
Operating Transfer<br />
Concession (BOT)<br />
(TSOC)<br />
The changes are beyond the control of a<br />
concessionaire, but for practical reasons<br />
need to be shared. Three cases apply:<br />
(a) can transfer risk of small negative<br />
consequences to the concessionaire, (b)<br />
government should bear the negative<br />
consequences of significant changes, and<br />
(c) concessionaire gains from changes<br />
that are beneficial to them may be<br />
partially recouped though a profit cap.<br />
Can expect concessionaire to seek to<br />
protect themselves from downside risk.<br />
The government retains all fare revenue<br />
and hence bears the revenue<br />
consequences of any changes in fares<br />
policy that it initiates.<br />
The government can transfer this<br />
responsibility to a separate fare collection<br />
concession.<br />
The risk can be transferred to the concessionaire.<br />
29<br />
All patronage risk is<br />
transferred to the<br />
concessionaire<br />
through a Net Cost<br />
approach<br />
The risk is<br />
transferred to the<br />
concessionaire.<br />
The government<br />
has limited capacity<br />
to change fare<br />
policy<br />
The risk is<br />
transferred to the<br />
concessionaire.
Risk<br />
Payments to/from the concessionaire<br />
• Incentives to<br />
encourage<br />
concessionaire to<br />
provide good<br />
services<br />
• Improper recordkeeping<br />
of services<br />
provided<br />
Concession Option (1)<br />
Public Public Train Supply and Build, Operate &<br />
Enterprise Implementation<br />
with Operating<br />
Concession<br />
(PIOC)<br />
Limited capacity to<br />
transfer risk because<br />
government operator<br />
cannot be held to<br />
same contractual<br />
standard as a private<br />
company.<br />
The risk remains with<br />
the government<br />
because the<br />
concessionaire is<br />
publicly owned.<br />
Transfer of risk is<br />
limited because<br />
operators can<br />
blame poor<br />
performance on<br />
M&E assets and<br />
trains that are<br />
provided by the<br />
government.<br />
Operating Transfer<br />
Concession (BOT)<br />
(TSOC)<br />
Substantial transfer<br />
can occur with<br />
concessionaire<br />
control over<br />
operating assets<br />
and patronage<br />
incentive payment.<br />
Government needs independent means<br />
for confirming services provided to<br />
provide the basis for contract payments.<br />
• Cost inflation Risk can be transferred to the<br />
concessionaire to the optimal extent by<br />
using appropriate price indices to adjust<br />
concession payments over time.<br />
• Potential for<br />
windfall gains to the<br />
concessionaire<br />
Procurement model<br />
• Model is<br />
unattractive to<br />
potential tenderers<br />
• Model results in<br />
productive tension<br />
between concession<br />
partners<br />
Government will<br />
capture any gains.<br />
Not relevant because<br />
operator is publicly<br />
owned.<br />
Greatest level of<br />
transfer.<br />
Government has a<br />
limited need<br />
because payments<br />
to the<br />
concessionaire are<br />
not linked to<br />
specific service<br />
provision.<br />
Risk is transferred<br />
to the<br />
concessionaire by<br />
using an average<br />
price index.<br />
Concessionaire may<br />
not be able to<br />
manage all of the<br />
risk, e.g. changes in<br />
energy prices.<br />
Potential for windfall gains from operations is very limited. Risk<br />
of windfall gains is limited by sharing profits from specific<br />
financing and development activities.<br />
May be attractive<br />
because tenderers<br />
do not need to<br />
arrange finance and<br />
they will seek to<br />
assign asset risk to<br />
the government.<br />
Not relevant<br />
because<br />
concessionaire<br />
involves an<br />
operator only.<br />
30<br />
May be less<br />
attractive to<br />
tenderers because<br />
they need to<br />
arrange finance.<br />
May be less<br />
attractive to<br />
tenderers because<br />
they need to<br />
arrange finance and<br />
bear considerable<br />
risk.<br />
Deliberate tension introduced by<br />
involvement of financier partner who will<br />
monitor operator performance.
Risk<br />
• Inadequate<br />
performance by<br />
concessionaire<br />
• Termination of<br />
concessionaire<br />
Other financial matters<br />
• Exchange rate<br />
movements<br />
• Interest rate<br />
changes<br />
• Changes to tax<br />
legislation affecting<br />
E&M and train<br />
assets<br />
• Changes to tax<br />
legislation affecting<br />
operations<br />
Concession Option (1)<br />
Public Public Train Supply and Build, Operate &<br />
Enterprise Implementation<br />
with Operating<br />
Concession<br />
(PIOC)<br />
Risk remains with the<br />
government because<br />
the concessionaire is<br />
publicly owned.<br />
Government can<br />
terminate the<br />
concession, though<br />
political lobbying may<br />
make this difficult to<br />
achieve.<br />
Risk remains with the<br />
government.<br />
Some risk transfer<br />
through a<br />
patronage-related<br />
payment, but the<br />
concessionaire can<br />
blame poor assets<br />
provided by the<br />
government for<br />
inadequate<br />
performance.<br />
Operating Transfer<br />
Concession (BOT)<br />
(TSOC)<br />
More risk transfer<br />
because of the<br />
patronage-related<br />
payment and<br />
concessionaire<br />
selection of E&M<br />
assets and trains.<br />
Greatest transfer of<br />
risk, though there is<br />
the potential for the<br />
transfer of risk that<br />
the concessionaire<br />
cannot manage –<br />
this would result in<br />
the added costs<br />
through risk<br />
premiums and risk<br />
averse behavior by<br />
the concessionaire.<br />
Government can establish conditions to terminate the<br />
concession in the case of persistent sub-standard performance<br />
by the concessionaire.<br />
Primary risk should be transferred to the concessionaire, which<br />
can use various instruments to mitigate the risk. Government<br />
bears some indirect risk through indexation of future payments<br />
to concessionaires.<br />
While the concessionaire has no influence over these risks,<br />
simplicity of management indicates that the risk for nondiscriminatory<br />
changes to tax should be transferred to the<br />
concessionaire, noting also that indexation will include some<br />
effect of tax changes. Government should bear the risk of tax<br />
changes that primarily affect only concessionaires because the<br />
consequences of the changes can be more easily identified.<br />
31
5. Concession Template<br />
The provision of MRT services and any associated provision of assets and finance for the<br />
assets should be undertaken on the basis of a sound contract. A legal agreement for a<br />
concession can be expected to be perhaps a thousand pages or more in length. The purpose of<br />
the current chapter is to provide an outline (or template) for such an agreement to provide a<br />
broad understanding of the issues that need to be addressed.<br />
The template, and discussion in this chapter, is based on a model in which:<br />
• the government makes available fixed MRT infrastructure to the concessionaire who has<br />
a duty of care with regard to the infrastructure over the terms of the concession; and<br />
• the concessionaire finances and supplies certain assets (taken to include trains, train<br />
control and communications, and depot equipment), operate train services for a given<br />
period (taken to be 30-35 years), and turn over all assets to the government at the end of<br />
the concession.<br />
The template can accommodate variations so that it can be adapted to any of the other three<br />
concession models discussed in the previous chapter or variations on these models.<br />
Taken with other discussion in this report, there is sufficient information in the template to<br />
allow a specialist legal advisors to develop the template into a complete legal agreement. This<br />
is discussed in the final section of this chapter.<br />
The template presented in this report is based on a template first prepared for use in Bangkok<br />
(ADB 2007c).<br />
5.1 Key Factors Affecting the Concession Agreement<br />
5.1.1. Form of Concession<br />
The form of concession (i.e. a Net Cost or Gross Cost form of concession, and variations of<br />
each of these) will significantly alter the content of a concession agreement. As indicated in<br />
the previous section, the details of the concession agreement that vary according to the<br />
concession option are primarily related to the allocation of responsibilities and risk, and<br />
consequences of these allocations including revenue collection, payment structure and<br />
concession supervision. The template indicates where the form of concession will alter the<br />
content of the concession. Notably, the form of concession does not change the structure of<br />
the template.<br />
5.1.2. Allocation of Risk<br />
Allocating risk to the concessionaire to the extent that they can manage it is essential to<br />
minimizing the cost of the concession. It also affects other aspects of the concession. This<br />
was addressed in Chapter 4.<br />
5.1.3. Value for Money<br />
The objective of using private sector participation through a concession is to achieve costeffective<br />
provision of MRT services. Where there are choices regarding matters considered in<br />
this report, for example the form of concession, the allocation of risk or the extent of<br />
concession supervision, value-for-money (VfM) analysis can be used to determine the option<br />
that will be most beneficial to the government.<br />
32
5.1.4. Structure of Payments to the Concessionaire<br />
The structure of payments to the concessionaire depends on whether a gross cost or net cost<br />
approach is adopted. The level of payments to the concessionaire will depend on the costs<br />
that the concessionaire incurs and, in a net cost concession, the extent to which fares and<br />
other MRT revenue covers the costs incurred by the concessionaire. Some general issues<br />
related to payments under net cost and gross cost concessions are considered in the remainder<br />
of this section. While this report recommends the use of a gross cost form of concession for<br />
the Train Supply and Operating Concession model identified in Chapter 3, a comparison of<br />
use of a net cost approach and the recommended gross cost approach is presented in Table<br />
C.1 in Appendix C to provide a better understanding of the differences. The table also<br />
provides a detailed description of the payment structure.<br />
Net Cost Concession<br />
If an MRT project was able to generate revenue that exceeded the costs incurred by the<br />
concessionaire, a competitive tendering process would result in a willingness by<br />
concessionaires to make payments to be government. <strong>Ho</strong>wever, current work indicates that<br />
revenue from fares and other sources in HCMC will not be sufficient to meet these costs. As a<br />
result, it will be necessary for the government to make payments to the concessionaire to<br />
supplement the revenue the concessionaire would collect from fares and other sources. It is<br />
then necessary to establish how the payments should be made. With a net cost concession,<br />
possible options are:<br />
• Make a monthly payment subject to the simple criterion that the concessionaire<br />
provided services during the month. This is not recommended because it would be<br />
generally judged that the government had insufficient control over ensuring that its<br />
funds were used appropriately.<br />
• Another option is to link payments to the provision of specific services. <strong>Ho</strong>wever, as<br />
full patronage risk is transferred to the concessionaire under a net cost concession, it is<br />
necessary to give the concessionaire considerable discretion to provide services that they<br />
judge appropriate subject to meeting safety and security guidelines. This means that the<br />
payment cannot be directly related to the provision of specific services because such<br />
services cannot be specified in advance.<br />
• A third option is to link the payment to patronage, with the government paying the<br />
concessionaire an amount per passenger carried on the system. It may be necessary for<br />
the government to engage an independent patronage auditor to verify the<br />
concessionaire’s estimate of patronage.<br />
An escalation factor would be needed to adjust the payment made to the concessionaire over<br />
time. It is likely that the consumer price index (CPI) or an index related to the CPI could be<br />
used.<br />
Gross Cost Concession with No Transfer of Patronage Risk<br />
A gross cost concession automatically transfers much cost management risk to the<br />
concessionaire, for example by making them responsible for keeping costs within their<br />
tendered price.<br />
<strong>Ho</strong>wever, a gross cost concession with no transfer of patronage risk differs substantially from<br />
a net cost concession. In the latter, the concessionaire needs to manage risks associated with<br />
demand so that they can secure the revenue on which their profitability depends. By contrast,<br />
a gross cost concession with no transfer of patronage risk eliminates this incentive for the<br />
concessionaire to meet the needs of passengers. In its place, it is necessary to use other means<br />
to ensure that the concessionaire provides services of appropriate quality. This can be done by<br />
33
setting a central payment level to the concessionaire and using financial penalties and<br />
incentives for, respectively, substandard and superior levels of performance. Service quality<br />
criteria could include the cleanliness of stations and trains, the temperature inside trains,<br />
schedule adherence, ride quality, over-crowding, and the number of customer complaints. It is<br />
likely that this arrangement will place considerable demands on the government to monitor<br />
the criteria and to apply the appropriate penalties and incentives. It will not be effective if the<br />
incentive and penalty payments are not optimal and if it presents the temptation for inspectors<br />
to act inappropriately.<br />
The appropriate means for escalating payments over time to reflect the effect of inflation<br />
could be the same as with a gross cost concession with some transfer of risk, as discussed in<br />
the next sub-section.<br />
Gross Cost Concession with Some Transfer of Patronage Risk<br />
The alternative to using administrative controls in a gross cost concession to get the<br />
concessionaire to act in the interests of passengers is to transfer some patronage risk to the<br />
concessionaire. This can be achieved by linking part of the payment from the government to<br />
the concessionaire to the number of passengers carried on the MRT line. This considerably<br />
reduces the need for the government to monitor service quality because the concessionaire<br />
has a financial incentive to provide good quality services. It is not necessary to transfer all<br />
patronage risk to the concessionaire (as occurs in a net cost contract) as the desired outcome<br />
of high quality services that meet passenger needs can be achieved with the transfer of only<br />
some patronage risk. In particular it is noted that:<br />
• The effect of even a modest transfer of risk can be substantial because the marginal<br />
passengers attracted to MRT (or lost from MRT) will be those most sensitive to its cost<br />
and quality of service. The concessionaire must therefore maintain a higher level of<br />
service than might otherwise be necessary to gain or protect those users who might<br />
otherwise choose some other option.<br />
• It is only necessary that sufficient risk be transferred to ensure that the concessionaire<br />
will face financial difficulty if they were to lose the patronage-related payment. Ensuring<br />
that concessionaires gained say part of their revenue through the patronage-related<br />
component achieves this objective 8 . A failure by the concessionaire to carry the<br />
potential patronage for their line would substantially, if not completely, cut their profits.<br />
• The transfer of too much patronage risk can result in a perverse outcome if it makes the<br />
concessionaire risk-averse, wherein the concessionaire does not implement improved<br />
and innovative practices because they do not wish to take the chance the changes may<br />
not generate increased revenue that exceeds additional costs associated with the<br />
changes.<br />
With regard to escalation of costs over time, it is noted that concessionaires face two major<br />
cost components that are beyond their control and which will not rise in line with general<br />
price inflation:<br />
• The cost of energy, which can vary substantially over time and which may be<br />
substantially affected in the future by actions directed to reducing greenhouse gas<br />
emissions.<br />
8 For example, if it is judged that the concessionaire can influence 15% of their patronage, the remuneration<br />
structure could be set so that the total payment to them from the government was, say, 10% less if patronage was<br />
15% less than expected. This variation can be modified as judged appropriate for HCMC, and can include<br />
bonuses for higher than expected patronage as well as penalties for lower patronage.<br />
34
• The cost of labor, which can be expected to rise faster than general price inflation and<br />
which cannot always be offset by productivity gains.<br />
As a result, there is merit in using a weighted price escalator that takes account of changes in<br />
energy costs, labor costs and general price inflation and the relative share of costs that can be<br />
related to each of these factors.<br />
5.2 Content of the Template<br />
A review of available concession agreements for the contract provision of public transport in a<br />
number of other places was been examined for previous work undertaken in Thailand (and<br />
reported in ADB 2007c). There is considerable variation in the general form of the<br />
agreements, both in a general structure (e.g. should the provision of government assets to a<br />
concessionaire be presented in a separate “asset lease” agreement or treated as a section of a<br />
single agreement) and the manner in which the content is structured. It is also noted that<br />
many agreements are subject to copyright.<br />
The previous work in Bangkok judged that it was simpler to have a single legal agreement<br />
covering all aspects of the concession. Following examination of various arrangements of the<br />
content of concession agreements, it recommends the following general structure:<br />
Part I: Introduction<br />
This part addresses general issues, describes the context for the concession, and defines the<br />
parties to the contract and other terms through the following sub-sections:<br />
• Name of the Agreement<br />
• Date of the Agreement<br />
• Parties to the Agreement<br />
• Preamble to the Agreement<br />
• Definitions<br />
• The Concession<br />
• MRT Network and Links<br />
• Coordination Committee, Representatives and Related Parties<br />
Part II: Pre-Service Activities<br />
This part addresses issues that are to occur prior to the operation of MRT services by the<br />
concessionaire, using the following sub-sections:<br />
• Conditions Precedent<br />
• Company <strong>System</strong>s<br />
• Pre-Service Implementation<br />
• Protection Against Late Service Commencement<br />
Part III: Services to be Provided<br />
This part describes the train and related services that the concessionaire is to provide, through<br />
the following sub-sections:<br />
• Initial Services<br />
• Standard of Services<br />
35
• Changes in the MRT <strong>System</strong><br />
• Changes in MRT Services<br />
Part IV: Finance and Insurance<br />
This part addresses financial matters related to the concession, including payments to be made<br />
by the authority and the concessionaire, management of fare revenue, and other matters,<br />
through the following sub-sections:<br />
• Payment and Payment Mechanisms<br />
• Payment Escalation<br />
• Fare Policy and Revenue<br />
• Routine Non-fare Revenue<br />
• Special Non-fare Revenue<br />
• Refinancing<br />
• Taxes and Duties<br />
• Insurance<br />
Part V: Early Termination<br />
This part addresses issues that could result in early termination of the concession and<br />
treatment of the consequences of such early termination, through the following sub-sections:<br />
• Conditions for Early Termination<br />
• Process of Termination<br />
• Consequences of Termination<br />
Part VI: Special Events<br />
This part addresses special events that could affect the concession, through the following subsections:<br />
• Force Majeure and Exceptional Events<br />
• Consequences of Force Majeure and Exceptional Events<br />
• Power of Authority<br />
Part VII: Assets<br />
This part addresses issues related to assets provided by the government and the concessionaire<br />
through the following sub-sections:<br />
• Civil Infrastructure<br />
• Assets of the Concessionaire<br />
• Asset Titles and Transfers<br />
• Lenders Direct Agreement<br />
• Asset Transfer Values<br />
36
Part VIII: Miscellaneous<br />
This part addresses remaining general contractual issues through the following sub-sections:<br />
• Rights and Duties Transfer<br />
• Change of Ownership<br />
• Dispute Settlement and Resolution<br />
• Confidentiality<br />
• Change in Law<br />
• Authority Step-In<br />
• Due Diligence Over Contracts and Financing Documents<br />
• Alternatives and Variants of Project Finance<br />
• Other Standard Provisions<br />
The template is presented in Annex D. Each of the above sub-sections is elaborated on to<br />
provide information that can guide the preparation of a detailed legal contract. Completion of<br />
the template will need to draw on other information presented in this report, in particular<br />
Annex 1 and Table 4.1.<br />
5.3 Next Steps to Implement the Template<br />
While some sections of the agreement are unaffected by the form of the concession, it is<br />
recommended that the agreement needs to be developed in an integrated form. Accordingly, it<br />
is recommended that work to detail the agreement should await a decision on the form of<br />
concession and the financial performance of the line(s) for which it is to be used. Sufficient<br />
information will then be available to allow detailed text to be prepared for each of the<br />
identified sub-sections.<br />
Five matters need to be considered with regard to the preparation of the concession<br />
agreement:<br />
• The agreement is a legal document that requires specialist legal drafting expertise for its<br />
preparation. It is inappropriate for the concessionaire or anyone associated with the<br />
concessionaire to undertake any drafting of the document. This will require the<br />
government to engage the necessary legal experts to draft the agreement.<br />
• The agreement will contain considerable detail on financial and other technical matters.<br />
It will therefore be necessary for the government to engage specialist financial,<br />
engineering, transport operations and similar advisors to support the legal drafters.<br />
• The agreement will be a substantial document. It is expected that it could take 6-12<br />
months to prepare the full concession agreement.<br />
• The agreement is to support the implementation of MRT that meets the community’s<br />
interests as identified by the government. There will be a need for continuing<br />
involvement by a senior person who can drive and take responsibility for ensuring the<br />
preparation of the concession agreement does not, albeit with the best of intentions,<br />
alter the concessioning approach in a way that compromises it.<br />
• Tendering requires that potential bidders clearly understand what they will be obliged to<br />
provide and the conditions of their engagement. This necessitates that the concession<br />
37
agreement be drafted prior to commencement of tendering so that a draft form of the<br />
concession can be issued as part of the tender documents.<br />
The last two of these matters are addressed further in the next section in the context of an<br />
examination of matters related to seeking, engaging and managing concessionaires.<br />
38
6. Implementing Competitive Tendering and Concessioning<br />
This chapter gives brief consideration to the steps needed to implement MRT concessioning,<br />
covering the steps of ensuring a sound probity system, market testing, preparing tenders,<br />
calling tenders, assessing tenders and negotiating contracts, and managing concessions. It is<br />
not intended to provide a comprehensive program of activities, but rather to note issues that<br />
will be critical to the successful implementation of projects.<br />
An essential element of seeking and engaging concessionaires is to have a person with<br />
sufficient authority and motivation to drive and take responsibility for ensuring the process<br />
achieves the objectives for the MRT project.<br />
This chapter also draws substantially on ADB (2007c).<br />
6.1 Probity<br />
An independent Probity Adviser should be engaged to ensure fairness and equal opportunity<br />
for all parties involved in tendering, tender assessment and contract negotiation activities. The<br />
person is likely to be a lawyer, and would be present at all meetings with potential bidders and<br />
6.2 Market Testing<br />
The ultimate objective of competitive tendering and concessioning (CTC) is to obtain the<br />
services of the consortium best able to undertake the task at the lowest practicable cost. This<br />
will be facilitated by maximizing the level of competition, which in turn requires concessions<br />
that will be attractive to potential bidders. A high level of competition will ensure that the<br />
government has the largest possible choice of tenders to consider. This will also increase price<br />
competition.<br />
The role of market testing is to identify factors that may make a significant difference in<br />
attracting market interest in tendering for concessions. It involves informal discussions with<br />
potential bidders to outline the general features of the intended tender to identify: (i) their<br />
general interest in tendering; and (ii) the factors that they consider will most affect their<br />
inclination to bid and the quality of their bid. It is a task that needs to be undertaken with care<br />
to avoid implications that the tender is being adjusted to favor any particular potential bidder.<br />
Discussions with at least several potential bidders can alleviate this risk, and should allow<br />
those undertaking the market testing to identify changes suggested by potential bidders that<br />
are in their self-interest and those that could serve the government’s interest.<br />
The outcome of market testing is identification of changes to the proposed concession and<br />
tendering arrangements that could attract more bidders and result in improved value-formoney<br />
outcomes for the government. It should be unlikely that major changes to the<br />
concession and tendering arrangements should be necessary – for this to occur would suggest<br />
that preparation for concessioning had been severely deficient. <strong>Ho</strong>wever, small changes that<br />
could reduce bid prices even marginally without compromising the services to be delivered<br />
can provide financial savings to the government.<br />
6.3 Preparation of a Request for Proposals<br />
An invitation to tender for a concession would describe all matters that will eventually be<br />
included in a concession agreement. The Request for Proposals (RFP) should include a draft<br />
concession agreement to provide potential bidders with certainty regarding the conditions that<br />
they would need to meet and to indicate that the government has clarity over what it seeks and<br />
39
is well prepared to follow through. It is essential that the government indicates in the RFP its<br />
resoluteness to enforce the conditions of the concession agreement to reduce the risk that a<br />
tenderer submits an unsustainably low bid price in an attempt to win the contract with the<br />
intention of subsequently reducing the services they offer or of seeking additional payments<br />
from the government.<br />
Some key issues to be addressed in a RFP are:<br />
• The context to the concession:<br />
‒ Objectives. The tender would indicate the desired effect on the transport system,<br />
quality of life outcomes, social objectives and domestic capacity building.<br />
‒ Urban and transport development plans. The tender would need to describe the<br />
development context for the project, including forecasts of population, land use, and<br />
economic activity, and proposed transport infrastructure development plans,<br />
including giving particular attention to those features that could affect the<br />
performance of the proposed project.<br />
‒ Public transport network context. Describe the current and anticipated operational<br />
context for the proposal, including strategic roles of various public transport modes,<br />
routes and service schedules, fares policy, the level of fares and ticketing<br />
arrangements, integration of public transport services, and facilitation of transfers<br />
between MRT lines and with other modes of public transport.<br />
‒ Facilities to be provided to the concessionaire. The tender would need to explain<br />
matters such as the access to land, the scope and quality of physical MRT<br />
infrastructure that would be provided to the operating concessionaire, the ticketing<br />
system if it is to be provided by under a separate concession, and the schedule for<br />
provision of this infrastructure.<br />
‒ Other. Any other matters that provide the context to the operating concession,<br />
including special privileges, taxation, law, and other such matters.<br />
• Services to be provided by the concessionaire:<br />
‒ MRT assets. Description of any assets that are to be provided by the<br />
concessionaire.<br />
‒ MRT services. Relevant matters include the train services that are to be provided<br />
and the responsibility of the concessionaire for service planning and the manner in<br />
which this would be implemented.<br />
‒ MRT infrastructure. Description of the responsibility of the concessionaire for<br />
providing assets, ownership of assets provided by the concessionaire, maintaining<br />
assets it provides and those that are provided by the government, replacing aged<br />
assets at the end of their economic lives and returning assets to the government at<br />
the end of concessions.<br />
‒ Duration of the concession. The period over which the concession will apply and<br />
any milestones during the concession such as concession reviews and renewal.<br />
‒ Performance measures. Describe all indicators of performance that will apply to<br />
the concession. Ideally, performance indicators should relate to contract payments<br />
and contract renewal.<br />
‒ Other. A range of other issues will need to be addressed, including insurance,<br />
security, safety, substitution, MRT industry development, etc.<br />
40
• Financial and performance arrangements:<br />
‒ Payment basis. The tender needs to specify the payment structure. It also needs to<br />
indicate the amounts that the government will specify and those for which tenderers<br />
need to submit bids. The structure of the financial arrangements and ease of<br />
assessing bids will be facilitated if the government specifies as many of the variables,<br />
leaving the tenderer to indicate a minimum number of variables and preferably only a<br />
single variable. For example, with a gross cost concession with some transfer of risk,<br />
the tender should specify the patronage related component and the level of bonus<br />
and penalty payments, with tenderers indicating how much they need to be paid for<br />
the fixed monthly payment component. Payments would be linked to key<br />
performance indicators.<br />
‒ Performance bonds. The role, size, timing and reimbursement of performance<br />
bonds need to be specified.<br />
‒ Failure to perform. Describe procedures for advising concessionaires of inadequate<br />
performance, allowing them to improve performance and sanctions in the event of<br />
continued non-performance.<br />
• Information to be provided by the tenderer:<br />
‒ General competence. General corporate and financial competence.<br />
‒ Demand and service planning. Expected demand and train services to be<br />
provided under the concession, and plans for working with various stakeholders on<br />
an ongoing basis to further develop services.<br />
‒ Customer and community care. Customer service, safety and security plans.<br />
‒ Infrastructure. Plans for infrastructure maintenance and reinvestment in life-expired<br />
assets<br />
‒ Finance. Financial proposal.<br />
‒ Implementation. Plans for initiating the concession, including staff recruitment and<br />
training, trialing and commencement of services, etc.<br />
Most of these matters mirror issues addressed in the concession agreement.<br />
It is also common to require:<br />
• a conforming tender (i.e. a tender that is consistent with the terms and conditions set<br />
out in the request for tender) from bidders to allow a straightforward comparison<br />
between the tenders; and<br />
• to allow tenderers to also submit a non-conforming bid where they believe they can<br />
offer better value-for-money by varying some aspects of the request for tender.<br />
6.4 Tendering and Tender Assessment<br />
The government has well established processes for public tendering that are appropriate to<br />
tendering of MRT services. The tenders will be more complex than in common for most<br />
government contracts because it involves a complex and inter-related mix of finance, asset and<br />
service provision with both the quality and quantity of service being important. Consideration<br />
could be given to innovative ways of assessing such a multi-dimensional project. One such<br />
way is a “silo” approach in which specialists in various pertinent areas (e.g. passenger demand,<br />
infrastructure provision, service provision, finance, etc.) assess the performance of each tender<br />
41
only with respect to their area of expertise, with a higher level of people drawing together the<br />
various components to determine the tender that offers the best value-for-money. There is<br />
also a need to ensure that there are reasonable prospects that the preferred tenderer can<br />
deliver the promised outputs at the nominated amount to avoid the potential for a tenderer to<br />
underbid in order to secure the contract.<br />
Table 1: Example of an Organization Chart for Proposal Assessment<br />
Reporting<br />
Advice<br />
Project Advisory<br />
Group (from<br />
various agencies)<br />
Competitive Tendering<br />
and Contacting Project<br />
Management Team<br />
Technical Support<br />
(Staff in the Tendering<br />
Authority etc)<br />
Approving Authority<br />
Tendering Authority<br />
Tender Evaluation Committee<br />
(representing interests in law,<br />
finance and passenger<br />
transport interests)<br />
6.5 Concession Contract and Implementation<br />
Probity Advisor<br />
Proposal<br />
Opening<br />
Committee<br />
Evaluation Teams – one for each evaluation area<br />
• Service Design<br />
• Customer Service & Safety<br />
• Infrastructure<br />
• Implementation & Management<br />
• Finance & Corporate Capability<br />
The government has considerable experience with contract negotiations and initiating<br />
contracts. For an MRT concession, it may be expected that, in the course of contract<br />
negotiation, the contracting party will seek to re-allocate as much risk as possible back to the<br />
government to improve their own financial situation. The government will need to be vigilant<br />
in this regard.<br />
6.6 Concession Management<br />
The agency responsible for concession management needs to blend two approaches to<br />
concession management. The first is to enforce a performance-based contract that has<br />
conditions for payments between the government and the concessionaire. The second<br />
approach is to recognize that the government and the concessionaire need to work in a<br />
partnership so that MRT can adapt to various changes metropolitan land use and transport<br />
that can be expected to occur over the duration of the concession.<br />
42
6.7 Schedule<br />
A considerable period is needed to arrange for the contracting and implementation of<br />
operations. Indicatively, allowance needs to be made for the following:<br />
a) 12 months to draft and approve a concession Agreement;<br />
b) 12 months to prepare for, invite and assess tenders for a concession contract and to<br />
negotiate and initiate the contract;<br />
c) 12 months to draft bidding documents for the purchase of trains and electrical and<br />
mechanical assets and services, to prepare for, invite and assess tenders for their<br />
delivery and to negotiate and initiate the contract;<br />
d) Around 24-30 months for the supply of trains and electrical and mechanical assets and<br />
services;<br />
e) 6 months for a concessionaire to prepare for operations; and<br />
f) 6 more months following receipt of trains and electrical and mechanical assets and<br />
services for the concessionaire to trial operations.<br />
Hence, arranging for operations could require:<br />
• For the Public Implementation with Operating Concession approach (see Section 3.3), a<br />
total of 3 years, i.e. a) + b) + e) + f).<br />
• Train Supply and Operating Concession approach, the process would need to<br />
commence 5.5 to 6 years before the commencement of operations, i.e. a) + b) + c) + d)<br />
+ f).<br />
In either case the process to purchase trains and associated assets needs to commence around<br />
3.5 to 4 years before the commencement of services.<br />
43
Appendix A: Bibliography<br />
Asian Development Bank (2006) “Integrating Mass Rapid Transit in Bangkok: Options<br />
Report”, ADB TA 4676-THA. February<br />
Asian Development Bank (2007a) “HCMC MRT: Strategic Financial Model Update” TA<br />
RSC-C61011 (<strong>VIE</strong>): <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> Project, Viet Nam, March<br />
Asian Development Bank (2007b) “Integrating Mass Rapid Transit in Bangkok – Phase II:<br />
Final Report”, ADB TA 4904-THA. July<br />
Asian Development Bank (2007c) “Integrating Mass Rapid Transit in Bangkok - Phase II:<br />
Concession Template Working Paper”, ADB TA 4904-THA, May<br />
Bly, P. H., Webster, F. V. and Pounds, S. (1980) “Subsidisation of Urban Public Transport”,<br />
Supplementary Report 541, Transport and Road Research Laboratory, United Kingdom<br />
Bly, P. H. and Oldfield, R. H. (1985) “Relationship Between Public Transport Subsidies and<br />
Fares Service Costs and Productivity”, Research Report 24, Transport and Road Research<br />
Laboratory, United Kingdom<br />
Hensher, D. A., & Wallis, I. P. (2005). “Competitive Tendering as a Contracting Mechanism<br />
for Subsidising Transport: The Bus Experience”, Journal of Transport Economics and Policy,<br />
39(3), 295-322.<br />
Parsons Brinckerhoff International and Japan <strong>Rail</strong>way Technical Services (2006) “SAPROF:<br />
Special Assistance for Project Formulation for <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Urban Transportation<br />
Improvement Project Urban Mass Rapid Transit (UMRT) Line 1, Eastern Section”,<br />
September<br />
University of Queensland (2006) “Bus Contracting Reform in Thailand: A Bus Cost Model for<br />
Bangkok”, May.<br />
44
Appendix B: Summary of Some MRT Concession Arrangements in<br />
Other Cities<br />
Table B.1: Summary of features of existing MRT concessions in Bangkok<br />
Feature Bangkok Transit <strong>System</strong><br />
(BTS Green Line)<br />
Total project capital cost<br />
(Baht bn)<br />
52 116<br />
Year opened December 1999 August 2003<br />
Type of concession • BTO for civil works<br />
• BOT for the electrical and mechanical<br />
works<br />
Concessionaire Bangkok Mass Transit <strong>System</strong> Public<br />
Company Limited (BTSC)<br />
Concession description BMA was responsible for: land acquisition<br />
& utility diversions; BTSC for financing &<br />
constructing all other project components<br />
including operations. Civil works<br />
transferred to the BMA on a build-transferoperate<br />
(BTO) basis after construction &<br />
the electrical & mechanical works to be<br />
transferred to BMA at the end of the<br />
concession. Little land incl. in concession<br />
except Right-of-Way.<br />
MRTA Initial <strong>System</strong> Project<br />
(Blue Line subway)<br />
• BOT for operating equipment and<br />
rollingstock<br />
• MRTA invested in the civil works<br />
Bangkok <strong>Metro</strong> Company Limited (BMCL)<br />
BMCL was awarded a 25-year BOT concession<br />
in 2000 to furnish and install this<br />
equipment and operate the system. The<br />
concession agreement requires BMCL to<br />
make payments to MRTA from fare<br />
revenue: a lump sum payment of Baht<br />
43.567 billion to be paid in annual<br />
installments from years 11 to 25 of<br />
revenue service & a % of fare revenues<br />
annually over the 25 year concession as<br />
follows, 1% years 1-14, 2% year 15, 5%<br />
years 16-18, and 15% from years 19-25.<br />
In addition, a lump sum of Baht 930<br />
million is due for revenues derived from<br />
commercial development to be paid in<br />
annual installments plus an annual 7% of<br />
revenues from commercial development.<br />
In addition, an (access charge) to the<br />
MRTA for use of the route is required to<br />
be paid to hold the overall concessionaire’s<br />
rate of return on equity to not more than<br />
14.75% pa.<br />
Land for commercial<br />
development<br />
- Lat Phrao park & ride site<br />
Public / Private Ownership 100% private investment. Government paid for civil works (78% of<br />
cost). BMCL owns operating infrastructure<br />
and rollingstock (22%). Government has<br />
option to purchase 25% of the shares in<br />
BMCL at par value.<br />
Length of Concession<br />
As reported ADB (2006)<br />
30 years including construction period. 25 years after construction period.<br />
45
Table B.2: Comparison of Melbourne & Singapore concession models<br />
Melbourne – Net Cost approach Singapore – Gross Cost approach<br />
• Public transport demand mature & revenue largely<br />
known<br />
• Operators accept risk of change in government.<br />
transport & land use policy<br />
• Operators take some revenue risk & keep revenue<br />
• Revenues only cover some costs (remainder of income<br />
from fixed payments set at the bid stage plus incentive<br />
payments)<br />
• Franchisees required to invest to maintain the<br />
infrastructure<br />
• Some major investment decisions locked in at franchise<br />
bid stage (e.g. new rollingstock)<br />
• Others made during the franchise term as State Funded<br />
Works (“no-net gain, no-net-loss”)<br />
• Investment decisions subject to normal budget process<br />
• Franchises short (5-7 years)<br />
• All standards/deliverables made explicit<br />
• Partnership approach as well as contractual<br />
Source: Consultant<br />
46<br />
• Demand mature & revenue largely known.<br />
Government takes revenue risk which is low<br />
• Operators paid on passenger-km basis<br />
• Government supplies rail infrastructure & first time<br />
rollingstock at own cost including ticketing equipment<br />
& may give grants for subsequent rollingstock<br />
replacement<br />
• Operators carry operations, maintenance &<br />
administration risks & the difference in financing cost<br />
for asset replacement, between actual and historic<br />
costs<br />
• All revenues centrally collected & then service fee<br />
paid to operators<br />
• Quality & safety criteria part of bidding<br />
• Investment decisions subject to normal budget<br />
process<br />
• Franchises 10 up to 30 years<br />
• All standards/deliverables made explicit<br />
• Partnership approach as well as contractual
Appendix C: Additional Issues Related to Use of Net Cost and<br />
Gross Cost Concessions<br />
C.1 A comparison of the features of Net Cost and Gross Cost Concessions<br />
Table C.1 illustrates how the Train Supply and Operating Concession model discussed in the<br />
main part of this report could be implemented using net cost and gross cost forms of<br />
concession. The gross cost concession is strongly recommended by the current study, but the<br />
comparison is provided in the table to more clearly illustrate the differences between the two<br />
approaches and to provide more information on the gross cost approach.<br />
Table C.1: Features of Net and Gross Cost Forms of Concession with the Train Supply<br />
and Operating Concession Model<br />
OVER<strong>VIE</strong>W<br />
Brief<br />
description of<br />
concession<br />
arrangements<br />
TSOC approach with a<br />
Gross Cost concession<br />
• Government finances and implements civil<br />
infrastructure delivery using private sector<br />
contractors.<br />
• Government engages the private sector to<br />
provide trains and E&M (electrical and<br />
mechanical equipment and systems) and to<br />
undertake O&M (operations and<br />
maintenance, including operation of train<br />
services and maintenance of all MRT<br />
infrastructure) through a concession.<br />
• Government ‘leases’ civil infrastructure to<br />
the concessionaire.<br />
• Government sets safety & service standards,<br />
service levels, and fare structure & level.<br />
• The government pays the concessionaire an<br />
amount that covers the costs the<br />
concessionaire incurs in providing agreed<br />
services as established through a<br />
competitive tender, and with part of the<br />
payment to the concessionaire is linked to<br />
the number of passengers carried.<br />
• The government retains all fare revenue.<br />
Risk transfer • Concessionaire bears some risk related to its<br />
investment in E&M and trains, patronage<br />
risk that is within its control, and the risk<br />
that agreed price escalators do not<br />
accurately reflect changes in future costs.<br />
• Government bears remaining patronage risk<br />
and the risk that risk that it does not<br />
increases fares over time.<br />
• The government bears the risk of poor<br />
public transport integration.<br />
47<br />
TSOC approach with a<br />
Net Cost concession<br />
• Government finances and implements civil<br />
infrastructure delivery using private sector<br />
contractors.<br />
• Government engages the private sector to<br />
provide train and E&M, and to undertake<br />
O&M through a concession.<br />
• Government ‘leases’ civil infrastructure to<br />
the concessionaire.<br />
• Government sets safety standards & fare<br />
structure.<br />
• The concessionaire determines services to<br />
be provided & retains fare and other<br />
revenue.<br />
• Additional payments may need to be made<br />
by the government to the concessionaire to<br />
cover revenue shortfall, or the reverse if<br />
revenue exceeds costs.<br />
• Concessionaire bears all risks associated<br />
with their investment and O&M costs and<br />
future patronage, and is vulnerable to the<br />
risk that government does not approve fare<br />
increases.<br />
• In the event that the concessionaire fails, the<br />
government bears the cost of securing a replacement<br />
concessionaire and incurs<br />
reputation risk associated with allegation of<br />
a poorly conceived concession.<br />
• Community bears risk and consequences of<br />
poor MRT integration.
Concession<br />
management<br />
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
• Assignment of some patronage risk to the<br />
concessionaire encourages them to provide<br />
good service and reduces the need for<br />
government administrative control of<br />
concessionaire performance.<br />
• Need to monitor concessionaire service<br />
supply & performance as the basis for<br />
making contract payments.<br />
Key issues • No need for concessionaire to include a<br />
significant risk premium into bid price,<br />
which will reduce costs to the government.<br />
• Assigning manageable patronage risk to the<br />
concessionaire encourages them to<br />
maximize patronage.<br />
• Government has full control over future<br />
transport policy & systems.<br />
Comment • Reasonably simple to manage provided<br />
some patronage risk is transferred to the<br />
concessionaire.<br />
• Stronger incentive for good performance by<br />
concessionaire.<br />
• Will ensure good MRT integration.<br />
• Allows government policy flexibility over<br />
time.<br />
DETAILED FEATURES<br />
Concession Term<br />
Term • The concession must be for a sufficient<br />
period to allow the concessionaire to make<br />
best use of their investment and trained<br />
staff.<br />
• A period of 30-35 years, which is similar to<br />
the life of trains, is appropriate.<br />
• The term could be for a series of<br />
automatically renewable periods subject to<br />
adequate performance by the concessionaire<br />
– though this would require complex<br />
arrangements to address the<br />
concessionaire’s financing of assets.<br />
Termination<br />
arrangements<br />
• Concessionaire provides all system assets to<br />
the government at the end of the concession<br />
with appropriate government compensation<br />
for them.<br />
• Need arrangement to transfer<br />
concessionaire’s assets to the government if<br />
the concessionaire should fail or their<br />
contract not renewed (with appropriate<br />
compensation).<br />
• The concession can be terminated in the<br />
event of inadequate performance by the<br />
concessionaire.<br />
48<br />
• Limited need to manage concessionaire’s<br />
performance given their collection &<br />
retention of fare revenue and exposure to<br />
risk.<br />
• Simple payment arrangements between<br />
government & concessionaire, but limited<br />
capacity for government to influence the<br />
performance of the concessionaire.<br />
• Concessionaire likely to build premium into<br />
contract to protect against exposure to risk<br />
that is beyond their control.<br />
• Limited ability for government to change<br />
transport policy & systems during the<br />
concession except that to the extent conditions<br />
are anticipated and specified in the<br />
concession.<br />
• Simple to manage.<br />
• A need to make a payment to a<br />
concessionaire so that they achieve costrecovery<br />
may be seen to conflict with a<br />
model that requires only limited government<br />
involvement in concession<br />
management.<br />
• Results in poor MRT integration.<br />
• Government cannot make further changes<br />
to MRT delivery & operations over time in<br />
response to policy or other needs not anticipated<br />
in the concession agreement<br />
without re-negotiating the agreement.<br />
• The concession must be for a sufficient<br />
period to allow the concessionaire to<br />
recover the cost of their investment.<br />
• A period of 30-35 years, which is similar to<br />
the life of trains, is appropriate.<br />
• Concessionaire provides all system assets to<br />
the government at the end of the concession<br />
with appropriate government compensation<br />
for them.<br />
• Need arrangement to transfer<br />
concessionaire’s assets to the government if<br />
the concessionaire should fail or their<br />
contract not renewed (with appropriate<br />
compensation).
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
Notes • An obligation for the concessionaire to hand<br />
over viable assets without compensation<br />
will encourage the concessionaire to avoid<br />
investment in life-expired assets and system<br />
expansion and improvement in later years<br />
of the concession.<br />
• Indicates a need for the government to pay<br />
compensation for assets on the basis of predetermined<br />
depreciation schedule.<br />
• Renewable concession terms would each be<br />
a division of the total contract term of 30<br />
years, e.g. say 10 years each.<br />
• Technical complexity of MRT operations<br />
suggests it is preferable to encourage an incumbent<br />
concessionaire to improve their<br />
performance, with replacement a last resort.<br />
Asset Financing, Implementation and Management<br />
Fixed infrastructure<br />
provision<br />
Initial fixed<br />
civil works<br />
assets<br />
Network<br />
expansion<br />
Electrical &<br />
mechanical<br />
assets and<br />
trains<br />
Government prepares design, calls tenders,<br />
finances and supervises project<br />
implementation.<br />
The Government:<br />
• Leases fixed infrastructure to the<br />
concessionaire, at zero rent.<br />
• Establishes conditions for any necessary<br />
replacement of life-expired fixed assets<br />
during the concession term.<br />
• Monitors infrastructure in accordance with<br />
the lease and ensures hand-back conditions<br />
are met.<br />
The concessionaire:<br />
• Maintains the infrastructure.<br />
• Replaces life-expired assets.<br />
• Hands back infrastructure in good condition<br />
at the end of the concession.<br />
• The government finances expansion of<br />
fixed infrastructure.<br />
• The concessionaire maintains infrastructure<br />
and provides additional services with<br />
payment made on the basis of unit cost rates<br />
and inflation indices set in the original<br />
tender.<br />
The concessionaire:<br />
• Finances, purchases, operates and maintains<br />
the assets and any additional assets<br />
procured during the concession.<br />
• Hands over all assets in good condition and<br />
at the end of the concession with<br />
appropriate compensate(set in accordance<br />
with pre-established contract conditions)<br />
from the government.<br />
The Government:<br />
• Monitors the condition of assets and ensures<br />
hand-back conditions are met.<br />
49<br />
• An obligation for the concessionaire to hand<br />
over viable assets without compensation<br />
will encourage the concessionaire to avoid<br />
investment in life-expired assets and system<br />
expansion and improvement in later years<br />
of the concession.<br />
• Indicates a need for the government to pay<br />
compensation for assets on the basis of predetermined<br />
depreciation schedule.<br />
As for Gross Cost concession.<br />
As for Gross Cost concession.<br />
• Government is in a poor position to<br />
negotiate network and service extensions<br />
with the concessionaire except to the extent<br />
that unit rates were agreed in the original<br />
tendering and the variations are in the form<br />
of a gross cost arrangement.<br />
• An existing concessionaire has the<br />
advantage of incumbency.<br />
As for Gross Cost concession, though<br />
compensation might not be paid, depending<br />
on financial arrangements.
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
Notes • Concessionaire provision of trains gives<br />
them more control over service quality and<br />
brings the financier of the trains into the<br />
concession to provide another source of<br />
pressure on the concessionaire to perform<br />
adequately.<br />
• Concessionaire provision of fixed M&E<br />
assets should encourage them to optimize<br />
life-cycle costs.<br />
• Transfer of some patronage risk will further<br />
encourage the concessionaire to provide<br />
services to meet customer needs.<br />
• There is a risk that a concessionaire will<br />
avoid making investments towards the end<br />
of the concession if the assets must be<br />
handed over without compensation.<br />
Government payment for assets at the end<br />
of the concession would remove this<br />
disincentive.<br />
• Need would arrangements to set<br />
compensation value for concessionaire<br />
assets in the event of termination of a concession<br />
during its term.<br />
Service Specification and Development<br />
Initial service<br />
specification<br />
for tender bids<br />
Service<br />
planning<br />
Service<br />
approval<br />
• Government specifies expected conditions<br />
at the time of opening of the MRT line.<br />
• Bidders indicate initial service plan and<br />
conditions for responding to changes in<br />
demand over time, e.g. when additional<br />
services would be added.<br />
• Concessionaire primarily responsible for<br />
service planning for their MRT line, under<br />
the guidance of the government.<br />
• Government must approve all service<br />
changes because they will affect payments<br />
to the concessionaire.<br />
Fares, Ticketing <strong>System</strong> and Non-Fare Revenue<br />
As for the Gross Cost approach.<br />
• Bidder is responsible for assessing potential<br />
demand and establishing appropriate<br />
services as the basis for their tender.<br />
• Government needs to provide precise<br />
guidance on factors within its influence that<br />
could affect future demand, e.g. other MRT<br />
lines, other public transport services, and<br />
road development.<br />
• Concessionaire is responsible for service<br />
planning for their MRT line.<br />
• Other concessionaires are independently<br />
responsible for service planning for other<br />
MRT lines.<br />
• Government is responsible for service<br />
planning for other public transport services<br />
that may affect MRT, possibly constrained<br />
by conditions in the concession that prevent<br />
them from doing anything that may<br />
adversely affect the concessionaire.<br />
• Concessionaire does not need approval for<br />
changes in services.<br />
Initial fares • Set by the government. • Determined by the concessionaire at the<br />
time of tendering and written into the<br />
concession agreement (or could be specified<br />
by the government, with additional<br />
payments made to the concessionaire if the<br />
fares do not generate sufficient revenue, or<br />
the reverse if applicable).<br />
50
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
Fare escalation • Determined by the government periodically. • Determined by the concessionaire at the<br />
time of tendering and written into the<br />
concession agreement.<br />
Ticketing<br />
system<br />
Fare revenue<br />
management<br />
Commercial<br />
development<br />
Contract Payment<br />
Concession<br />
payments<br />
Base payment<br />
formula<br />
(Note:<br />
illustrative<br />
option<br />
described –<br />
other options<br />
exist)<br />
• Determined by the government at the time<br />
of tendering.<br />
• Determined by the concessionaire at the<br />
time of tendering.<br />
• Determined by the government periodically. • The responsibility of the concessionaire,<br />
who collects and retains all revenue.<br />
• Could be the responsibility of the<br />
concessionaire, with a revenue sharing<br />
arrangement with the government.<br />
• Likely to be very limited opportunities.<br />
Government pays on a periodic basis (say<br />
monthly):<br />
• A fixed amount that is related to assets<br />
provided by the concessionaire; plus<br />
• A fixed amount that is related to the<br />
quantity of train service provided; plus<br />
• An amount that is related to the number of<br />
passengers carried would be paid.<br />
• Penalties or incentives as appropriate to<br />
ensure the concessionaire provides a<br />
satisfactory level of service.<br />
Exposure to patronage risk considerably<br />
reduces the need for penalties or incentives to<br />
ensure service quality.<br />
An alternative is to provide a single ‘unitary<br />
charge’ related to the quantity of service<br />
provided (e.g. per passenger place-km)<br />
subject to agreed quality of service<br />
conditions – though this may incur risk<br />
premium because service quantity is not<br />
entirely under the control of the<br />
concessionaire.<br />
Payment from the government to the<br />
concessionaire could be:<br />
• VND “b” /month for initial assets provided<br />
by concessionaire; plus<br />
• VND “c1, c2, c3, etc.”, for any additional<br />
assets to be provided by the concessionaire<br />
during the concession; plus<br />
• VND “d” /train-km of service provided;<br />
plus<br />
• VND “e” /passenger; plus<br />
• VND “f1, f2, f3, etc.”, for incentives or<br />
penalties (i.e. which could be negative or<br />
positive).<br />
In the case of a unitary payment, b, c and d<br />
would not apply and d would be related to<br />
the quantity of service provided.<br />
51<br />
As for the Gross Cost approach.<br />
Fixed periodic (say monthly) amount paid by<br />
the government to the concessionaire (or<br />
from the concessionaire to the government)<br />
as determined by competitive tender.<br />
Payment from the government to the<br />
concessionaire could be:<br />
• VND “a” /month.<br />
“a” could be positive (i.e. a payment from the<br />
government to the concessionaire) or<br />
negative (a payment from the concessionaire<br />
to the government) depending on the extent<br />
to which the concessionaire expects to be<br />
able to cover their capital and operating costs<br />
from fare and other revenue they collect over<br />
the life of the concession.<br />
An alternative is to link the payment to the<br />
number of passengers, i.e. VND<br />
“a”/passenger boarding.
Financial<br />
amounts<br />
specified by<br />
the government<br />
at the<br />
time of tendering<br />
(for the<br />
payment<br />
structure<br />
described<br />
above)<br />
Amounts to be<br />
indicated by<br />
bidders in their<br />
tender<br />
(for the<br />
payment<br />
structure<br />
described<br />
above)<br />
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
The government would specify:<br />
• Basis for sharing property development<br />
profits.<br />
• Fare structure and level.<br />
• Unit value for “e”, i.e. the patronage<br />
incentive payment.<br />
• Unit values for “f1, f2, f3, etc.” for each<br />
incentive or penalty to be included in a<br />
concession agreement.<br />
• The basis for values to change over time<br />
due to inflation, i.e. there is a need for the<br />
government to specify indexation formulae.<br />
Bidder would indicate:<br />
• Amounts for “b”, “c1, c2, etc.”, and “d”.<br />
• An amount expected to be paid to the<br />
government from development profits.<br />
The bidder will need to ensure that the<br />
combination of “c”, “d” and “e”, with<br />
appropriate inflation indexation, reflect the<br />
cost of providing additional assets and<br />
services as might be required by the government<br />
in the course of the concession<br />
Alternatively with a unitary payment, the<br />
government would specify penalties and<br />
incentives and bidders would indicate the<br />
unitary payment they seek to be paid.<br />
Issues • Need to anticipate variables that could<br />
change over the term of the concession (e.g.<br />
length of line, number and quality of<br />
stations, quantity of service, number of<br />
trains, etc.).<br />
• Shifting patronage risk that is within the<br />
control of the concessionaire to them<br />
removes the need for substantial monitoring<br />
of concessionaire performance.<br />
• Government needs less emphasis on<br />
penalties and incentives to ensure the<br />
concessionaire meets desired performance<br />
standards.<br />
• Little need for bidders to include risk<br />
premium because they bear little<br />
uncertainty.<br />
52<br />
The government would specify:<br />
• Basis for sharing property development<br />
profits.<br />
• Maximum rate of return on equity.<br />
• Basis for sharing profits in excess of<br />
maximum specified rate.<br />
Bidder would indicate:<br />
• An amount for “a”.<br />
• Initial fare.<br />
• Fare escalation formula.<br />
• An amount expected to be paid to the<br />
government from development profits.<br />
• Concessionaire likely to include some<br />
buffer in their tender to allow for risks they<br />
must carry that are beyond their control.
Concession Management<br />
Government<br />
role<br />
Routine data<br />
needed for<br />
contract<br />
management<br />
(say monthly)<br />
Periodic data<br />
(say biannually)<br />
Other data as<br />
needed<br />
TSOC approach with a TSOC approach with a<br />
Gross Cost concession Net Cost concession<br />
Major role because:<br />
• Government has considerable freedom to<br />
change the scope of the concessionaire’s<br />
activities, with clear information available<br />
on the financial cost to the government of<br />
any proposed changes.<br />
• Shifting patronage risk that is within the<br />
control of the concessionaire to them<br />
substantially reduces the need for<br />
substantial monitoring of concessionaire<br />
performance standard.<br />
• Government needs to consider, approve and<br />
alter concession payments for necessary<br />
changes in level of service, e.g. additional<br />
services.<br />
• Evidence of maintenance of assets leased<br />
from the government.<br />
• Evidence of performance with regard a<br />
minimal number of incentive or penalty<br />
attributes.<br />
• Evidence of the number of passengers<br />
carried.<br />
• Information to indicate the need for<br />
additional services, trains and other assets.<br />
• Evidence of profits from property<br />
development.<br />
Minimal role because virtually all investment<br />
and operational decisions after signing the<br />
concession agreement are internal to the<br />
concessionaire.<br />
• Evidence of maintenance of assets leased<br />
from the government.<br />
• Evidence that maximum rate of return has<br />
not been exceeded.<br />
As for Gross Cost concession.<br />
C.2 Concession Supervision<br />
Net Cost concessions involve relatively little supervision by government because: (i) most risk<br />
is transferred to the concessionaire and they need to be given the ability to manage that risk;<br />
and (ii) they are primarily intended for use where the concessionaire uses the revenue that they<br />
collect to cover their costs, i.e. without recourse to additional financial payments from the<br />
government. Typical supervision needs with a net cost concession are to:<br />
• ensure that any civil infrastructure provided by the government to the concessionaire is<br />
maintained in good condition;<br />
• approve fare increases, though these should occur automatically in accordance with<br />
inflation and other provisions in the concession agreement and there should be limited<br />
technical grounds for government modification to them;<br />
• monitor safety and security aspects of MRT service; and<br />
• ensure that the concessionaire makes payments to the government if these are specified<br />
in the concession agreement.<br />
It would also be usual for the concessionaire to provide data on their operations for the<br />
general interest of government, e.g. the quantity of service provided and the number of<br />
passengers carried.<br />
53
This form of concession can be useful where government capacity to manage complex<br />
contracts is limited and where the government is prepared to accept the limitations of net cost<br />
concessions for flexibility in urban public transport operations and policy.<br />
Consideration of five factors can help guide consideration of the ideal level of supervision of a<br />
concession agreement:<br />
• Capacity to undertake the supervision. There is a need to determine that the<br />
supervising authority has the capacity to undertake the designated level of supervision or<br />
can engage and adequately supervise a private company to undertake the task for it.<br />
Using a form of concession that requires considerable government supervision capacity<br />
could be counter-productive if the capacity is not present and the concessionaire realizes<br />
that they can avoid meeting performance criteria set out in the concession agreement.<br />
On balance, there is a general risk that government supervision capacity is overestimated.<br />
• Criteria to be monitored. There is a considerable range of performance criteria that<br />
could be monitored as part of a contract management system. <strong>Ho</strong>wever, data collection<br />
can be expensive and distracting. A means for reducing the need for contract<br />
management is to transfer risk to the concessionaire so that there is a self-enforcing<br />
mechanism for good performance (as occurs with a net cost concession). There is also a<br />
need for a clear link between each criterion that is monitored and the payment made to<br />
concessionaires.<br />
• Safety and security regulation. It is essential that safety and security regulations<br />
appropriate for MRT be established and monitored. These standards do not relate to<br />
the quality of MRT service, but rather to specific needs to ensure public safety and<br />
security. Examples of standards include maximum loading standards to prevent crush<br />
loadings in which people might be injured and to ensure that trains can be safely<br />
evacuated in the event of an incident.<br />
• Implications of a net cost concession that requires subsidy payments. As<br />
indicated above, there is limited need for monitoring a net cost concession in which fare<br />
and other such revenue is sufficient to meet the concessionaire’s costs. <strong>Ho</strong>wever, a<br />
dilemma arises if the concessionaire needs a subsidy from the government because the<br />
government must make the payment while still giving the concessionaire reasonable<br />
certainty about their operating environment (e.g. by not changing government policy or<br />
taking other actions that could adversely affect the concessionaire) and leaving them<br />
free to manage risk. Thus the government must make payments to the concessionaire<br />
with limited capacity to link the payments to specific services that are provided.<br />
• Other data collection. There may also be a desire or need to monitor other aspects of<br />
concessionaire performance, even though it may not directly affect payments made to<br />
the concessionaire. <strong>Ho</strong>wever, it is necessary to ensure that the role of the criteria is clear<br />
and that data is not simply collected and stored un-used in the supervising agency.<br />
C.3 Trade-offs Between Risk Transfer, Payments and Concession Supervision<br />
As shown in Figure C.1, the considerable transfer of risk to a concessionaire in a Net Cost<br />
concession reduces the need for concession management because the concessionaire has a<br />
strong self-interest in providing good service. In contrast, a Gross Cost concession with no<br />
transfer of risk requires considerable supervision to ensure that the concessionaire performs<br />
adequately. Key conclusions that emerge from this review are:<br />
• Increased supervision requirements associated with Gross Cost concessions are a<br />
necessary condition for gaining the network integration benefits that they allow.<br />
54
• The amount of risk to be transferred to a concessionaire needs to take account of the<br />
extent that the concessionaire can manage the risk (so that the cost of the concession is<br />
minimized), a desire to use self-enforcing mechanisms that encourage the concessionaire<br />
to perform well (rather than do so because of pressure from the government), and a<br />
desire to simplify concession management (by minimizing the government’s supervision<br />
obligations).<br />
• Concession supervision should focus on those factors that affect payments made to<br />
concessionaires, their use of government-owned infrastructure, and more general factors<br />
(if any) that could influence a decision to terminate a concession due to inadequate<br />
performance.<br />
• Concession supervision should recognize the potential for government supervision to<br />
be implemented less effectively than may be envisaged.<br />
Figure C.1: Supervision Requirements for Concession Models<br />
Extent of<br />
risk transfer<br />
Need for concession<br />
management<br />
Form of Concession<br />
Net cost Gross cost<br />
(with some transfer<br />
of risk)<br />
Gross cost<br />
(with no transfer of<br />
risk)<br />
Supervision needed as a condition of payment (1)<br />
Quantity of service<br />
(e.g. car-km of service)<br />
Not needed Essential Essential<br />
Quality of services<br />
(e.g. maximum load, comfort)<br />
Not needed Limited need Essential<br />
Number of passengers Not needed Essential Not needed<br />
Additional supervision needed for general contractual oversight<br />
Quantity of service Not needed Not needed Limited need<br />
Quality of services Limited need Limited need Limited need<br />
Number of passengers Limited need Not needed Limited need<br />
(1) Assumes no subsidy payment needed with a Net Cost concession. If a subsidy is needed, then some<br />
monitoring of, most probably, the number of passengers would be needed.<br />
Source: Consultant<br />
55
Appendix D: Concession Template<br />
This concession template should be read in conjunction with the remainder of this report, and<br />
in particular Annex C.<br />
1. NAME OF THE AGREEMENT<br />
PART I - INTRODUCTION<br />
The specific name of the agreement needs to be indicated, e.g. “Agreement for [name of the<br />
project] between [Authority] and [the private sector party]”<br />
2. DATE OF AGREEMENT<br />
The date of the Agreement (signing date) should be specified and the effective date should be<br />
the same date and without the condition precedents to the extent possible.<br />
3. PARTIES TO THE AGREEMENT<br />
a. The State Party - full and correct Name/Address/ name and title of the authorized<br />
person who signed the agreement for the procurement of infrastructure and services<br />
on behalf of the State/Government according to the documents attached<br />
(“Authority”).<br />
b. The Private Party - full and correct Name/Address/ name and title of the authorized<br />
person who signed the agreement for the provision of infrastructure and services<br />
according to the documents attached (“Company”).<br />
Provisions relating to the Company:<br />
• The Company must be a Special Purpose Company whose objects are limited to the<br />
business (and any non-business) activities of the concession under the Agreement.<br />
Reason: Government has an interest in the financial health of the Company as<br />
concessionaire (and bears certain costs in the event the concessionaire fails). It goes<br />
against this interest to have the Company exposed to any non-concession risk as could<br />
occur if the Company was involved in other activities in addition to the concession.<br />
• Due diligence over the Company’s relevant project contracts e.g. the Company’s various<br />
agreements concerning the concession project funding (including its agreement with the<br />
senior lenders), insurance, design, construction, supply and installation, system<br />
integration, operation and maintenance, consulting and other services used in the<br />
project.<br />
Reason: The Authority, while not intending to interfere with the Company’s conduct of<br />
the concession business (as that would be taking back risk already allocated to the<br />
Company), needs to assess and have a good understanding of how the Company<br />
proposes to deliver the concession output. The essential reasons for this include the<br />
following:<br />
a. Compensation to the Company for early termination in most cases is a<br />
function of its outstanding debt under the terms of the financing agreements.<br />
b. The interests of the Authority and the senior lenders are often common and in such<br />
cases the Authority can rely on provisions of the loan documents as protection<br />
against certain risk (e.g. the sinking fund requirement of the lenders also protects the<br />
Authority against the risk that inadequate funding may be provided for of ongoing<br />
56
asset maintenance and renewal). The Authority therefore needs to see that the<br />
financing terms reflect its proposed reliance.<br />
c. The Authority may need to consider taking over the Company’s contracts with<br />
its project contractors and service providers or transferring them to another party in<br />
the event of early termination. Therefore the Authority needs to see that the terms of<br />
the relevant contracts are consistent with the Agreement in this respect.<br />
4. PREAMBLE<br />
The preamble should provide for the clear intention of the state party and the private party. It<br />
should refer to related documents such as the Terms of Reference and Bidding documents,<br />
and indicate that acceptance of the intent is required as part of contract acceptance.<br />
Recitals incorporating the statement of the Authority’s intention should include reference to<br />
the following basic concepts and principles which underlie this Agreement:<br />
• The objectives of the concession project.<br />
• <strong>Ho</strong>w the concession project fits within the MRT network, and the broader public<br />
transport system, that is being implemented to provide high quality public transport<br />
services to the public, and government desire to ensure that, in implementing the<br />
project, optimal network benefits are maintained.<br />
• The assets and systems that are needed to provide MRT services, which include “Civil<br />
Infrastructure” (i.e. civil works, train tracks and stations), “Ticket <strong>System</strong>” (i.e. ticket<br />
equipment and media, and operation of the system including revenue management) and<br />
electrical and mechanical assets (“E&M Assets”, i.e. trains, power supply,<br />
communications and train control systems).<br />
• The role of:<br />
‒ the Authority for implementing Civil Infrastructure and Ticket <strong>System</strong> and making<br />
them available to the Company, with the Authority to directly implement Civil<br />
Infrastructure and the Authority to arrange for the Ticket <strong>System</strong> through a separate<br />
contract; and<br />
‒ the Company for providing E&M Assets, maintaining Civil Infrastructure, using the<br />
Ticket <strong>System</strong>, and providing train services.<br />
• The Authority’s desire that the project be implemented and service be provided based<br />
on an approach that has been assessed as offering value-for-money, protecting<br />
consumer interest and exercising due care in preventing private monopoly of a basic<br />
infrastructure, all in accordance with fundamental state policy.<br />
• That project risk be allocated between the Authority and the Company in such a way<br />
that that a risk is managed by the party able to do so most efficiently and effectively.<br />
• That the determination of the respective Authority and Company roles in delivering of<br />
MRT services (including any associated delivery of assets) under the contract is based on<br />
the intention reflected in the forgoing recitals.<br />
5. DEFINITION<br />
Definitions of a full list of terms pertinent to the concession are required. They should be in<br />
alphabetical order, and be consistent with terms used in international bidding documents.<br />
57
6. CONCESSION<br />
Key features of the concession to which the agreement is to apply should be summarized and<br />
cross-referenced to relevant sections of the Agreement where they are addressed in detail.<br />
Provisions to be addressed should include:<br />
• general description of the concession model;<br />
• the term of the concession<br />
• issues to be addressed prior to commencement of train services (Part II)<br />
• services to be provided (Part III);<br />
• payment and other financial arrangements (Part IV);<br />
• termination conditions and arrangements (Part V);<br />
• responses to special events (Part VI);<br />
• provision, ownership, use and maintenance of assets (Part VII); and<br />
• other general provisions (Part VIII).<br />
The term of the concession agreement will normally be fixed, as a number of years from the<br />
agreed contract commencement date. Delay in commencement of train services should<br />
generally not lead to an extension of the Agreement duration. Keeping the concession expiry<br />
date fixed increases the incentives for the Company to ensure train services commence on<br />
time, including placing pressure on the Authority to fulfill its obligations such as providing<br />
civil infrastructure. A requirement that the Authority pay compensation to the Company in<br />
the event that the Authority is responsible for the delay (see Section II) is an incentive on the<br />
Authority not to cause delay.<br />
7. MRT NETWORK AND LINKS<br />
It should be noted that the project under the Agreement is part of an MRT network, which is<br />
itself part of the public transport system of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, and has been designed and is to<br />
be operated as part of the network to optimize network benefits in the public interest. The<br />
Company’s rights in the Agreement should be circumscribed by this network objective. It will<br />
be necessary to establish the rights and obligations of the parties in the case that government<br />
seeks changes that are in the larger public interest. Such changes could include:<br />
• issues specific to the MRT network, including changes in the network, changes in<br />
service patterns, the right of access to depots, inter-operability (third party sharing the<br />
line), and the ability (or restricted obligation) to coordinate inter-connection with the<br />
network; and<br />
• changes to other public transport services, the structure and level of public transport<br />
fares and fare collection, changes in land use policy and patterns, changes in public<br />
service obligations, etc.<br />
The need to so circumscribe the concessionaire’s rights and obligations will have value-formoney<br />
implications for the government. Concession forms play a part in this issue of valuefor-money.<br />
Thus it is generally expected that a Gross Cost form of concession, in which<br />
concessionaires bear at most patronage risk that is within their control, will more easily allow<br />
such changes to be implemented than the Net Cost form of concession. As a result, the cost<br />
to government of retaining the system flexibility under the Gross Cost form of concession is<br />
expected to be less than in a Net Cost form of concession in which renegotiation of the<br />
concession is needed when such changes are desired.<br />
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8. COORDINATION COMMITTEE, REPRESENTATIVES AND RELATED<br />
PARTIES<br />
Management committees will be required for oversight of the concession and coordination of<br />
the concession with other public transport. There will also be representation by parties on<br />
other committees or organizations. These committees and representations, their roles and<br />
representation of Authority and Company interests need to be addressed. The committees<br />
could include:<br />
1. Coordination Committee.<br />
There may be a need for a co-ordination committee with a public sector membership for the<br />
purpose of monitoring and supervising the concession, making periodic progress reports, and<br />
to bring any problems and their possible solution to the committee’s attention. The Company<br />
is required to co-operate with the committee in order that the work of the committee can be<br />
carried out.<br />
2. Authority/Company Joint Committee.<br />
The Company may request the setting up of a joint committee with Authority and Company<br />
membership to assist in co-ordination and interaction with third parties (such as authorities<br />
for permits, licenses etc.) in the conduct of the concession business. With such a request, care<br />
must be taken that in responding the Authority is not taking back any risk allocated to the<br />
Company (e.g. the risk of timely installation of E&M Assets). The Authority’s role on the joint<br />
committee should be to help facilitate, with the responsibility for the outcome clearly resting<br />
with the Company.<br />
3. Authority representation on Company board of directors or other management boards.<br />
This practice is sometimes proposed but is strongly discouraged. For the Authority to have<br />
such representative in the Company’s management blurs the line between the parties, exposes<br />
the Authority to a potential conflict of interest in the management of the Agreement and at<br />
the very least can lead to a dilution the risk transfer to the Company. A reason sometimes<br />
cited for the practice is that it provides a channel for information about the Company’s<br />
operation of the concession. But this is an undesirable way to achieve the objective. Any<br />
information necessary for the Authority to properly manage the concession should be<br />
addressed in the Agreement and made an obligation of the Company to provide.<br />
Similarly, the government or the Authority taking a direct equity interest in the Company is<br />
discouraged because as it means that the Authority cannot act as an independent supervisor of<br />
the concession. It is possible that a fully constituted state-owned company could be an equity<br />
partner in the Company.<br />
4. Other Relevant Parties.<br />
The provision also should identify other interested parties relevant to the management of the<br />
MRT project. The relevant parties may include:<br />
• a certified independent engineer (possibly pre-service phase only); and<br />
• an independent monitor of the Company’s performance against service standards.<br />
PART II – PRE-SERVICE<br />
9. CONDITIONS PRECEDENT<br />
Conditions precedent are matters that are central to the ability of the Company to undertake<br />
the contract but which cannot be delivered on or prior to signing the agreement.<br />
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An example of a circumstance where a condition precedent may be needed relates to the<br />
financing of the project. Lenders providing senior debt financing, which would normally be<br />
on limited recourse terms (i.e. with no collateral external to the project, particularly<br />
guarantees), may not be prepared to undergo the expense of conducting due diligence before<br />
the Company has secured the concession, which would mean the Agreement could only be<br />
signed without firmly committed financing in place. The need for such due dligence increases<br />
with the project risk as perceived by the senior lenders, with a corresponding need to conduct<br />
a more thorough due diligence investigation using costly technical advice. In this respect, the<br />
probability of conditions precedent will be higher with a Net Cost than a Gross Cost<br />
concession because of factors such as the difficulty of estimating future patronage. Working<br />
with a concession model in which risk allocation is clear and easy to assess lessens the need<br />
for this type of condition precedent.<br />
Where it is necessary for there to be conditions precedent for the contract, the Agreement<br />
must ensure that the Authority is not under its concession obligations (or the Company<br />
granted its concession rights) until the conditions have been met. The Agreement must also<br />
stipulate a date after which failure to meet the conditions means the Agreement automatically<br />
lapses.<br />
10. COMPANY SYSTEMS<br />
Clauses under this item relate to assets that the Company is to provide that, together with<br />
assets to be provided by the Authority (addressed in Clause 31), are needed for the provision<br />
of MRT services by the Company. The following points should be reflected in this clause:<br />
1. The Authority’s request for proposals (‘RFP’) (or TOR) should stipulate that the<br />
Company will be fully responsible for the design, financing, construction, procurement,<br />
installation, testing, commissioning and maintenance of E&M Assets, which are to be<br />
integrated with the civil works that are to be supplied by the Authority and which are<br />
needed to deliver the MRT service to the level and standards specified by the Authority<br />
in the RFP (and any related documents).<br />
2. Under a carefully drawn up risk allocation plan, the following risks inherent in the<br />
management and operation of the concession is assigned to the Company:<br />
a. the risk of budget cost and time over-runs in putting the E&M Assets in place<br />
and making them ready for the provision of MRT services;<br />
b. the risk of not meeting the specified quantity and quality of service through a failure<br />
in the design, whether because of the underlying technology or because of any special<br />
design feature of the E&M Assets;<br />
c. the risk of not meeting the specified quantity and quality of service through a<br />
failure in the maintenance of E&M Assets and their replacement at the end of their<br />
effective lives; and<br />
d. the risk of not meeting the specified quantity and quality of service through a failure<br />
of the Company’s management and operation of the MRT infrastructure provided by<br />
the government.<br />
3. To ensure the integrity of this risk allocation, the Company must be allowed to design,<br />
deliver and maintain the E&M Assets and operate the line using its own inputs,<br />
processes and methods without any intervention from the Authority other than with<br />
regard to matters affecting safety, security, common ticketing and fare systems, and<br />
interoperability standards for technology and operations determined by the government.<br />
The extent of interoperability should be determined on the basis of economic evaluation<br />
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and value-for-money assessment by the government and specified before the issuance<br />
of the RFP).<br />
4. In the process of tender evaluation the Authority (and its advisors) should conduct due<br />
diligence on a preferred candidate’s detailed proposal to evaluate in detail how, in terms<br />
of approach and methods, resource inputs, time schedules, management, organization<br />
and design, maintenance and operations procedures, the candidate proposes to deliver<br />
the required service outputs.<br />
5. The winning proposal should be incorporated in the Agreement, and included say in a<br />
schedule called ‘Project Documents’, so that the Company is bound to deliver on its<br />
proposal. The Agreement should ensure that the service output specification takes<br />
precedence over the proposed service inputs described in the Company’s proposal to<br />
ensure that the Agreement does not imply approval or acceptance by the Authority that<br />
the Company’s submission will deliver the outputs (and the risk transfer to the<br />
Company thereby diluted or negated).<br />
6. In implementing the concession, the Company will not be able to depart from what is<br />
set out in the Project Documents without the prior consent of the Authority, which<br />
should be given only after the Authority is satisfied that the Company’s prospects of<br />
delivery against specified service standards will not be worsened thereby. Again, this is<br />
part of the Authority’s responsibility to ensure that the agreed risk transfer to the<br />
Company is not diluted or negated.<br />
7. As a general rule it is important to be aware that if the Authority becomes involved in<br />
activities that have been contracted to the Company for the Company to carry out, the<br />
Authority will resume risk that had been transferred to the Company and will therefore<br />
assume actual and potential costs that are the obligation of the Company.<br />
11. PRE-SERVICE IMPLEMENTATION<br />
The Company will have a considerable program of activities in the period between contract<br />
signing and the commencement of services (‘Service Commencement’), including completion<br />
of any conditions precedent, purchase, delivery, installation and testing of M&E Assets it is to<br />
provide, establishment of an organization and recruitment and training of necessary staff. The<br />
Authority will want to know that the Company is going to deliver the service on time and<br />
meet the Authority’s contract requirement. The Company will want to be assured that what it<br />
is developing will meet the Authority’s requirements and that it will have the necessary access<br />
to the project site and civil works assets.<br />
It is necessary to consider to what extent the Authority should be involved during this phase<br />
and what rights the Authority should have to approve or monitor the Company’s progress<br />
prior to and on Service Commencement. The Authority’s participation should not involve<br />
over-stepping a limit beyond which it will both be taking back the project management risk it<br />
had transferred to the Company. In particular, it would not be appropriate for the Authority<br />
to adopt the supervisory role it would expect to have with regard to the design and<br />
procurement of civil works infrastructure.<br />
This clause should articulate the following matters:<br />
1. Activities and Access<br />
Activities should be listed, and linkages with activities of the Authority identified.<br />
2. Critical dates<br />
The payment mechanism is designed to encourage Service Commencement to occur as<br />
planned to avoid the loss of revenue to the Authority and a shortened operational period for<br />
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the Company. <strong>Ho</strong>wever where the consequences of a delay beyond a critical date becomes<br />
more serious, the Authority will need to have some contingency measures, though termination<br />
should be the last resort (see clause 12).<br />
3. Permitted design changes<br />
A mechanism should be specified for the Company to submit design changes that do not<br />
affect cost or services and which are within permitted parameters of design development that<br />
the Authority can accept.<br />
4. Quality management systems<br />
The Company should have a quality management system to ensure the delivery of its<br />
contracted responsibilities. The Authority should retain the right to audit the Company’s<br />
quality management system, including the right to inspect works or activities on or off site to<br />
test the accuracy and adequacy of the system documentation. The Agreement should provide<br />
for an appropriate enabling mechanism including provision for the Company and any relevant<br />
Company party (e.g. contractor etc.) to respond to recommendations arising from an audit but<br />
no right of termination should result from it. The audit is to be a due diligence tool only, since<br />
the risk of a poor quality system is part of what is being transferred to the Company.<br />
5. Acceptance of readiness for service commencement<br />
There should be an obligation for the Company to demonstrate prior to Service<br />
Commencement (and where significant service changes occur, e.g. upon the introduction of a<br />
new asset or procedure) that the Company has procedures (including tests) in place to ensure<br />
that service specifications in the Agreement will be met. In order not to dilute risk transfer,<br />
the Authority should not accept stages of work before the Service Commencement date and<br />
full service delivery.<br />
12. PROTECTION AGAINST LATE SERVICE COMMENCEMENT<br />
The objective of this provision is to address the consequences of late commencement of<br />
services, which may occur because:<br />
• the Authority has not provided Civil Infrastructure and the Ticket <strong>System</strong> to the<br />
Company on the agreed schedule; or<br />
• the Company has not undertaken pre-service activities in accordance with the agreed<br />
schedule.<br />
The clause needs to set out the financial compensation that would be paid to the Company in<br />
the case of the former situation, but excluding the situation where the delay is sufficient to<br />
result in termination of the Agreement (which is addressed in Clause 25).<br />
In the case of the Company being the cause of the delay, it is necessary to ensure that the<br />
Authority is protected against late service commencement in a way that gives value-for-money,<br />
taking into account the loss the Authority may suffer from the delay and the necessity and<br />
cost of contingency measures needed to deal with it. It is important to consider the matter in<br />
its proper context, i.e. taking account of:<br />
• the payment mechanism, whereby the Company receives no revenue from the Authority<br />
until service commencement, means that the Company has a financial incentive not to<br />
delay;<br />
• the Company’s senior debt financing, which generally on limited recourse terms (i.e.<br />
there is no collateral external to the project), which means that the interest of the senior<br />
lenders is the same as the Authority’s;<br />
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• the Company will be using Authority assets (Civil Infrastructure and Ticket <strong>System</strong>), for<br />
which the Authority incurs an opportunity cost and hence specific protection beyond<br />
the regular payment mechanism could be needed; and<br />
• the Company will include financial allowances in its tender for excessively onerous<br />
obligations, and which thus will accrue to the Authority, i.e. the Authority will pay for<br />
such excessive transfer of risk to the Company.<br />
The usual mechanisms for protection against late service commencement are liquidated<br />
damages, performance bonds and parent company guarantees. When there are grounds for the<br />
Authority to look for specific protection, value-for-money should be considered taking into<br />
account the costs and benefits of the protections required by the Authority. The following<br />
specific points need to be deal with in the Agreement.<br />
1. Liquidated damages<br />
If, as is usual with limited recourse debt financing, senior lenders require contractors to the<br />
Company who are involved in the pre-service phase to cover debt service for the duration of a<br />
delay through liquidated damages, the contractors may price this into their contracts with the<br />
Company but are more likely to be conservative in estimating time to complete their work.<br />
The Company will pass the cost of such delay to the Authority through their bid price and a<br />
longer project implementation schedule. For the Authority to require liquidated damages that<br />
would be paid to itself, when the senior lenders are already applying the same mechanism,<br />
would result in additional costs being passed on to the Authority via the payment mechanism.<br />
In general terms this would be like the Authority paying twice for the same specific protection,<br />
and hence should be avoided.<br />
2. Performance bonds<br />
It is usual in a construction project for the Company and the senior lenders to require<br />
performance bonds from contractors as a guarantee of satisfactory completion of the<br />
contractors’ work. Contractors will pass on the cost of these bonds though their contracts<br />
with the Company, which will in turn pass on the cost to the Authority. An Authority<br />
requirement for an additional performance bond from the Company will lead to extra cost.<br />
The Authority’s need for performance bonds from the Company needs to be considered in a<br />
similar manner to liquidated damages.<br />
3. Parent company guarantees<br />
Parent company guarantees are not a recommended method of protection against late service<br />
commencement. Fundamental to the risk transfer mechanism of the Agreement is the careful<br />
separation of the Company’s financial risk from those of its shareholders arising out of any<br />
other business activities in which they are involved. The key benefit is that every party<br />
involved is careful in the analysis and management of project risks. In doing so the action of<br />
each of them benefits others. For example the senior lenders’ careful evaluation and<br />
management of their project risk exposure under limited recourse financing also automatically<br />
benefits the Authority. By contrast, for example, if the lenders relied on the guarantee of a<br />
substantial shareholder, they could easily pay less attention to the project risk. (There is also a<br />
value-for-money issue if, for example, the Company already requires its contractors to provide<br />
parent company guarantees.)<br />
4. Conclusion<br />
The forgoing discussion under this Clause highlights the importance for the Authority of<br />
having a clear understanding of the contractual relationships among the various Company<br />
parties in order to make a sound value-for-money based decision on specific protection<br />
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against late service commencement that it might seek against the Company. This underlines<br />
the importance of the Authority’s due diligence review of the Project Documents.<br />
13. INITIAL SERVICES<br />
PART III – SERVICES<br />
This clause should specify the obligations and rights of the parties with respect to:<br />
• MRT services to be provided by the Company, covering train services, marketing, safety<br />
and security systems, complaints management, etc.;<br />
• use of the Ticket <strong>System</strong> that is implemented by the Authority; and<br />
• maintenance of Civil Infrastructure that the Authority makes available to the Company.<br />
Risk associated with the provision of MRT services and management of life-cycle costs is to<br />
be borne by the Company using a system specified by the Company. This requires that the<br />
concession be in the form of a performance-based contract. The system, its operation and<br />
services should be described in the RFP in output terms (e.g. train capacity to carry X number<br />
of passengers per hour during a peak hour). The RFP will require that tenders submit a<br />
detailed description of planned operations, resource inputs and delivery methods to be used.<br />
The Authority and its technical advisors need to a conduct a careful due diligence review of a<br />
submission to assure themselves that the resource inputs, designs and methods are capable of<br />
delivering the required services.<br />
The selected bidder’s submission should be attached to the Agreement as one of the Project<br />
Documents.<br />
14. STANDARD OF SERVICES<br />
This clause needs to describe the standard of services to which the Company must adhere. A<br />
key issue is the extent to which responsibility (i.e. acceptance of risk) for service standards is<br />
shared between the Authority and the Company. The balance will depend on the approach<br />
taken to the concession. There is a need to address:<br />
• Service standards that are set by the Authority, which will include, at a minimum,<br />
standards to ensure public safety and security (which will include maximum loading<br />
standards of trains). They can also include more detailed measures that affect the quality<br />
of service provided (e.g. schedule adherence, passenger comfort, etc.). The transfer of<br />
patronage risk to the Company reduces the need for more detailed specification of<br />
service standards because the Company will have the incentive to provide the quality of<br />
service needed to meet passenger needs.<br />
• <strong>Ho</strong>w and by whom the service standards will be monitored and how the Company will<br />
be formally advised by the Authority of any failure to meet the standards.<br />
• The consequences of a failure by the Company to comply with the standards need to be<br />
specified, which may in turn comprise:<br />
‒ Financial penalties (as described in Part IV)<br />
‒ Non-financial consequences, e.g. termination of the Agreement if there is an<br />
accumulation of failures to meet specified threshold service quality standards.<br />
The Authority will need technical advice from professional advisors with experience in<br />
designing output MRT service standards. The concession agreement should seek to transfer<br />
the optimal extent of risk to the Company so that the Company has the incentive to provide<br />
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the appropriate quantity and quality of service without excessive intervention and<br />
management of standards by the Authority.<br />
15. CHANGES IN THE MRT SYSTEM<br />
This clause needs to describe how changes in the initial MRT system under this Agreement<br />
initiated by or through the Authority would be accommodated. Changes could include<br />
extensions to the MRT network, through-running of trains between different concessions,<br />
changes in other aspects of public transport that have an effect on MRT, changes in MRT<br />
ticketing systems, etc. The clause needs to focus on:<br />
• processes such as how the Company would be informed and how the Company would<br />
be expected to respond and<br />
• how financial implications of the changes would be addressed, with reference to Part<br />
IV.<br />
The clause would need to be sufficiently broad to be able to accommodate both anticipated<br />
and unanticipated changes. The clause could vary substantially between a Net Cost and Gross<br />
Cost form of concession. With a Net Cost concession, there is a need to provide a more<br />
certain environment for the Company because it bears full patronage risk, and so much more<br />
detailed consideration needs to be given to identifying how changes that are beyond the<br />
control of the Company but which affect the Company would be dealt with, acknowledging<br />
that this is likely to be exceptionally difficult to cover all possible eventualities and that the<br />
Authority will be in a weak position to negotiate financial compensation to the Company for<br />
events that are not fully specified.<br />
16. CHANGE IN MRT SERVICES<br />
The following issues need to be addressed in this clause:<br />
• indicate the factors that could require a change in train services (e.g. meeting specified<br />
service standards given a change in demand or other circumstance, government policy<br />
objectives, technological change, changes in the extent of the MRT network under the<br />
Agreement, etc.);<br />
• who is responsible for initiating and planning service changes, noting that this could<br />
vary between Gross Cost and Net Cost forms of concession and the cause of the<br />
change;<br />
• in what circumstances the Authority must either approve or simply note proposed<br />
services changes; and<br />
• who will be responsible for the financial consequences of service changes and, if it is the<br />
Authority, the basis for estimating the change in payments that must be made (with<br />
reference to Part IV).<br />
In doing this, consideration needs to be given to two potential causes of a need to change<br />
services:<br />
1. Change due to patronage growth<br />
Patronage growth is expected to occur during the term of the concession due to population<br />
growth and changes in economic, social and government policy circumstances. In the Net<br />
Cost concession, where patronage risk is fully allocated to the concessionaire, the<br />
concessionaire is responsible for making adequate additional capacity available in response to<br />
service growth, and would at most simply advise the Authority of planned changes in service.<br />
In a Gross Cost concession with the appropriate transfer of patronage risk, the Company will<br />
have the incentive to undertake planning service changes to accommodate patronage growth.<br />
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<strong>Ho</strong>wever, as the provision of additional services would result in increased payments from the<br />
Authority to the Company (see Part IV of this template), the Company should submit plans<br />
for service changes to the Authority for its review and approval. In the Gross Cost<br />
concession, service changes will be largely driven by the need to comply with service standards<br />
(in particular a specified maximum vehicle load capacity which requires that more train service<br />
be provided as patronage rises). More drafting will be needed in a Gross Cost concession than<br />
a Net Cost concession to address change in volume of service.<br />
2. Changes due to other reasons<br />
Both parties could have other reasons to propose a change in service. The Authority may seek<br />
a change in service requirement that is not foreseeable at the time the Agreement is made (e.g.<br />
resulting from a change in MRT or public health and safety policy or a change in law). Where<br />
the Company wishes to implement changes that involve use of new methods and technology<br />
and do not have implications for concession payments, the Company should have the right to<br />
simply advise the Authority prior to implementing the changes. The exception would be in<br />
with a Gross Cost concession where no patronage risk was transferred to the Company<br />
because in this case there is no automatic incentive for the Company to consider the effect of<br />
the changes on their passengers.<br />
Changes in payments from the Authority to the Company resulting from changes in services<br />
arising from either Authority or Company initiated changes will be clear in the case of a Gross<br />
Cost concession, but will need to be established in detail for a Net Cost concession (or the<br />
uncertain financial consequences to the Authority accepted where this is not possible).<br />
PART IV – FINANCE AND INSURANCE<br />
17. PAYMENT AND PAYMENT MECHANISMS<br />
The essence of this Agreement is the procurement of a service and so payment is made for<br />
delivery of the service. <strong>Ho</strong>w payment is made for service constitutes an important part of the<br />
structuring of risk allocation and hence the incentives for the Company to provide efficient<br />
and effective services. The clause needs to address:<br />
• the structure and level of payments to be made by the Authority to the Company (or<br />
vice versa if appropriate), including:<br />
‒ the principle payment components, including any patronage related components and<br />
any incentives and penalties for, respectively, superior or sub-standard service;<br />
‒ the frequency and timing of payments;<br />
‒ the source and verification of data on service quantity and quality and patronage that<br />
is needed to support the payments;<br />
‒ payments to be made in the event of changes in the quantity of service to be<br />
provided to accommodate changes in patronage; and<br />
‒ payments to be made for other identified potential changes e.g. in the extent of the<br />
MRT network under the Agreement, etc.;<br />
• any payments that might be made between the Company and other companies<br />
providing MRT services, for example for use of track or depots; and<br />
• reference the next clause regarding payment escalation to take account of cost inflation<br />
over the term of the Agreement.<br />
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The nature of payments will vary substantially between Net Cost and Gross Cost concession<br />
models. This is briefly discussed below and is described elsewhere in this report. For reasons<br />
implicit to the discussion below and elsewhere in this report, the Gross Cost concession with<br />
some transfer of patronage risk is strongly recommended.<br />
1. Net Cost Concession<br />
Within a specified limit on the financial rate of return to the Company, this concession type<br />
can have the simplest approach to the basic structure of the payment and payment method,<br />
with the Company collecting and keeping fares and any other agreed sources of revenue<br />
initiated by the Company and either making a payment to the Authority or receiving a<br />
payment from the Authority depending on whether the Company expected the revenue to<br />
exceed or be less than its costs. The simplicity comes with serious drawbacks (in particular the<br />
loss of policy flexibility by government and the possible need for the Authority to negotiate<br />
financial changes to the Agreement from a position of weakness - see the main part of this<br />
report for a discussion of these matters).<br />
As there is a strong possibility that the expenses incurred by the Company will be greater than<br />
the revenue it can collect, a potentially substantial payment to the Company will be required.<br />
This payment would be a general subsidy and not be related to any particular quantity or<br />
quality of service (responsibility for which is under the control of the Company other than<br />
with regard to safety and security standards). It would hence be paid as a fixed amount on a<br />
monthly or similar basis, which presents problems for public accountability as it would need<br />
to be made simply on the basis that the Company provided MRT services. More complex<br />
arrangements are also needed to address the financial implications of changes in public<br />
transport or public policy that could affect the Company, with unidentifiable or speculative<br />
changes being exceptionally difficult to accommodate. As a result, the apparent simplicity of<br />
payments under a Net Cost approach may not be achievable.<br />
2. Gross Cost concession with no transfer of risk<br />
This arrangement contrasts with the Net Cost concession by having no transfer of patronage<br />
(and hence revenue risk) to the Company other than the possible exception of revenue from<br />
advertising and commercial development. The payment structure would require that the<br />
Authority pay for MRT services to be available irrespective of the number of passengers using<br />
the services. The Company would simply carry the risk for delivering the specified quantity<br />
and quality of service. To make the Company’s payment risk clear to the concessionaire and<br />
its financiers and other concessionaire parties, the following issues need to be addressed:<br />
• the criteria for the quantity and quality of service to be provided;<br />
• unit rates to be paid for the service provided, e.g. an amount per rail-car kilometer of<br />
service operated per month; and<br />
• variations in the payment to take account of a failure to provide the specified quantity<br />
and quality of service delivered by the Company.<br />
The payment mechanism has to achieve a balance in order to achieve value-for-money. If the<br />
mechanism imposes risk that the Company is not able to manage, this is likely to result in a<br />
higher cost in terms of require payment service to the authority, reflecting financiers and<br />
contractors reaction alike. Similar to the case of service standards, the government will need<br />
technical advice based on experience of urban transit Gross Cost or similar concessions (e.g.<br />
in the United Kingdom) to draft the payment mechanism.<br />
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3. Gross Cost concession with some transfer of risk<br />
The payment mechanism in this case is similar to that for the previous option except that part<br />
of the payment would be related to patronage. This provides the incentive for the Company to<br />
provide high quality services that meet the needs of passengers without the need for the<br />
detailed monitoring of service quality that would be needed in the case above. The extent of<br />
incentive and penalty payments would be substantially reduced.<br />
18. PAYMENT ESCALATION<br />
This clause would describe how payments to the Company would change over time due to<br />
changes cost inflation. Indexation should be with reference to a public domain, long-duration<br />
price index or indices. It may be appropriate to use a single index such as the Consumer Price<br />
Index, or to use several price indices that are applied to different elements of the Company’s<br />
cost structure (e.g. with separate indexation of labor, energy and other items given the<br />
substantially different rates of cost inflation that can apply to these components) to more<br />
transparently adjust for changes in costs that are beyond the capacity for the Company to<br />
manage. Care is needed to avoid blurring risk transfer to the Company to manage its costs.<br />
19. FARE POLICY AND REVENUE<br />
This clause needs to describe the basis for setting fares and managing fare revenue to the<br />
extent necessary for the adopted form of concession (i.e. Net Cost or Gross Cost), including:<br />
• fare and ticketing policy and systems with regard to public transport in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong><br />
<strong>City</strong>, the MRT system in general, and the MRT line relevant to this Agreement;<br />
• policy regarding concessional fares for special social groups or special events;<br />
• policy regarding the right to set special permanent or temporary fares to promote MRT<br />
use;<br />
• the initial structure and level of fares;<br />
• the basis, timing and frequency of changes in the level of fares over time to take account<br />
of cost inflation;<br />
• whether the Authority or the Company is responsible for initiating changes in fares;<br />
• any requirement for the Authority to approve changes in the structure or level of fares<br />
initiated by the Company, and the criteria on which approval will be based;<br />
• responsibility for advertising changes in fares; and<br />
• who will collect fare revenue, and whether fare revenue will be credited to the Authority<br />
or the Company (noting that it is recommended elsewhere in this report that the<br />
Ticketing <strong>System</strong> should be implemented as a separate contract covering the entire<br />
MRT system at a minimum in the first instance and preferably the entire public<br />
transport system).<br />
Some of the contents of this clause will depend on the concession model that is adopted, as<br />
follows:<br />
1. Net Cost concession<br />
Under this concession model, the Company collects and keeps the fare. The Company would<br />
need to be given automatic (generally annual) indexation of fares to take account of inflation.<br />
Where integrated ticketing and fares are to be used for the MRT system, a more complex set<br />
of conditions would need to be specified to address situations where the fare revenue accruing<br />
to the Company was affected by the interests of the integrated system, for example where a<br />
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second ‘flagfall’ change did not apply or where fares where not indexed in the same manner as<br />
would have applied if the Company has a single ticket system for its own line. The method of<br />
allocating revenue to the Company from an integrated ticket system would need to specified.<br />
2. Gross Cost concession<br />
In this case, fare setting is not the responsibility of the Company and so is not part of the<br />
Agreement. <strong>Ho</strong>wever the collection is likely to require interfacing with the Company (which<br />
may be required for example to facilitate implementation of the Ticket <strong>System</strong> at stations on<br />
its MRT line). The Authority would need to set out its long term fare policy in the Agreement<br />
so that the Company could take the account of the effect of fares on patronage for long term<br />
decisions such as the procurement of trains. It will also be necessary to specify the process<br />
whereby the Authority would advise the Company of intended changes in fares and the<br />
Company would need to allow for services changes in response to changes or the lack of<br />
change in fares.<br />
20. ROUTINE NON-FARE REVENUE<br />
This clause prescribes the rights and obligations of the parties with respect to the activities<br />
forming part of the concession that generate regular revenue from sources other than fares.<br />
The principal sources of such revenue are rental of commercial retail space at stations and<br />
advertising. The clause needs to establish who will arrange such activities and to whom the<br />
revenue will accrue taking account of who has the strongest commercial incentive to generate<br />
this revenue.<br />
21. SPECIAL NON-FARE REVENUE<br />
This clause would address any other potential sources of revenue. The most likely such source<br />
would be profits from the development of any property that may be deemed integral to the<br />
project. Where this could occur, the Agreement should indicate the rights of the Authority<br />
and the Company to initiate and implement such projects and to share resulting profits<br />
between them.<br />
22. REFINANCING<br />
During the initial implementation phase, there are considerable uncertainties such as events<br />
that can delay completion or have cost implications. These uncertainties cease to exist<br />
following successful completion of the initial implementation phase. This change affects the<br />
financing of the Company’s activities.<br />
The financial structure and other terms agreed with the financiers at the commencement of<br />
the Agreement will take account of risk during the initial implementation period, for example<br />
through factors such as the leverage ratio, cash reserve arrangements and interest margins.<br />
When these risks are superseded at the end of the initial implementation phase, the Company<br />
can arrange a refinancing of its affairs in recognition that it now faces less uncertainty. This<br />
produces a benefit by reducing the funding cost for the Company through a combination of:<br />
• reducing interest margins;<br />
• reducing or releasing cash reserve accounts;<br />
• releasing or returning contingent junior capital (i.e. subordinated debt or equity);<br />
• extending debt maturity; and/or<br />
• increasing the amount of debt and reducing the need for equity.<br />
It is important to recognize also that refinancing may not necessary be undertaken with the<br />
direct involvement of the Company but can occur in another legal entity, relying on rights<br />
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eing granted in respect of cash flows, assets or contracts of the Company. Accordingly in any<br />
adequate treatment of refinancing, account must be taken of such indirect arrangements.<br />
Established international practice recognizes the need to address refinancing in the Agreement<br />
and key principles in how refinancing should be treated. These are:<br />
• Given that a refinancing will normally constitute a material change in the project<br />
financial structure as original agreed between the parties, the Authority should have the<br />
right to approve any refinancing unless it is agreed as part of the original financing plan<br />
set out in the Agreement or does not lead to a gain to the investors compared to the<br />
original base case plan.<br />
• The commitment made by the Authority to provide Civil Infrastructure and the Ticket<br />
<strong>System</strong>, make payments to the Company and provide certainty for financiers (e.g. with<br />
the Lenders Direct Agreement (see clause 34) forms the underlying basis for refinancing<br />
and consequent financial gains that result from refinancing. Without such contract<br />
terms it is unlikely that the Company could obtain the improved financing term<br />
especially in regard to leverage and pricing. Therefore the Authority has a right to a<br />
share in any benefits from refinancing. An equal sharing of the refinancing gain between<br />
the Authority and the Company is accepted in the UK as standard for Private Finance<br />
Initiative contracts.<br />
• In the case where a project performs below the level projected in the Company’s<br />
proposal and incorporated in the Agreement at the end of the implementation phase,<br />
refinancing benefits are first applied to restore the expected base case performance<br />
before the sharing of the benefits.<br />
The government will need financial specialist technical advice in the drafting of the<br />
Refinancing clause, particularly with regard to:<br />
• the coverage of the clause;<br />
• methods for calculating, sharing and paying benefits; and<br />
• detection of financial structuring designed to bypass refinancing provisions.<br />
23. TAXES AND DUTIES<br />
There is financial risk due to possible changes in general taxes and duties over the duration of<br />
the Agreement. In normal private sector businesses the financial consequence of such changes<br />
are passed on to consumers. The indexation of rises in concession payments for inflation<br />
(clause 18) provides an indirect means for passing on general rises in taxes and duties. This is<br />
reinforced by indexation of fares (clause 19) in the case of a Net Cost concession. This<br />
indexation provides a risk mitigation mechanism for the Company and hence allows the risk<br />
of changes in general taxes and duties to be transferred to the Company. Discriminatory<br />
change (i.e. any change that specifically affects the business of the Company) would be a risk<br />
retained by the Authority that would require compensation to be paid to the Company in<br />
respect of the change.<br />
24. INSURANCE<br />
The provision should specify the obligations of the Authority and the Company with respect<br />
to insurance necessary under the Agreement. The following matters should be taken into<br />
account in the drafting:<br />
• significant risk transfer to the Company is built into the Agreement;<br />
• financing arrangements and the need for the Company to ensure a continuity of service<br />
means that the Company needs extensive insurance coverage;<br />
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• while the lenders will placed extensive insurance requirements on the Company, these<br />
are for lenders exclusive protection and the Authority cannot rely on the lenders action;<br />
and<br />
• the Authority should seek profession insurance advice on key issues, such as:<br />
‒ what insurance requirements it should impose on the Company as a means of<br />
managing certain risk;<br />
‒ what should happen if certain risk becomes uninsurable; and<br />
‒ insuring that proceeds of claims are correctly applied by the Company.<br />
In general, it is expected that the Company should be responsible for ensuring it has extensive<br />
insurance with regard to matters affecting its activities and those affected by its activities.<br />
More detailed consideration is needed to determine the extent of insurance cover required<br />
with regard to civil infrastructure for matters that are beyond the control of the Company,<br />
recognizing that the Company would have claims against the Authority if Civil Infrastructure<br />
and the Ticket <strong>System</strong> were not available (e.g. due to some engineering or natural failure).<br />
PART V – EARLY TERMINATION<br />
25. CONDITIONS FOR EARLY TERMINATION<br />
The clause should prescribe how early termination can be caused. Five possible causes of<br />
termination should be addressed:<br />
• termination on Authority default;<br />
• termination on Company default;<br />
• termination on Force Majeure;<br />
• termination at Authority initiative; and<br />
• termination for fraud and corruption.<br />
Termination of the Agreement is an event with substantial consequences. Therefore two<br />
general principles should underlie the clauses relating to termination:<br />
• termination should be used as a last resort with remedial measures including mediation<br />
used to avoid the need for it to occur; and<br />
• the act and process of termination should be structured to cause the least impact on the<br />
continuity of MRT services to the public.<br />
Following subsections address each of the five conditions for termination:<br />
1. Termination on Authority default<br />
The basic principle is that the Company should have the right to terminate the Agreement<br />
where the Authority acts in a way that makes the agreed relationship impossible or completely<br />
frustrates the Company’s ability to perform the services specified in the Agreement. In<br />
specifying the events constituting Authority default giving the Company the right to terminate<br />
the Agreement, it should be noted that:<br />
• The Authority’s and the Company’s principal obligations in the Agreement are not<br />
symmetrical. The Authority makes payments and exercises approval rights with few<br />
detailed performance and financing related obligations, whereas the Company has<br />
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substantial obligations. Accordingly, there are fewer issues that can trigger an Authority<br />
default.<br />
• Authority failure to comply with the Agreement provisions before service<br />
commencement in most cases can be handled as a Compensation Event and any failure<br />
to make payment when due can be handled in other ways (e.g. late payment interest).<br />
• The Authority should have an opportunity to rectify any defaults in its performance<br />
within a reasonable period.<br />
2. Termination on Company default<br />
The over-riding principle here is to find a balance between the Authority’s desire to be able to<br />
change a contractor when service provision is inadequate regardless of the degree of<br />
seriousness and the Company’s and its financiers’ interest in restricting termination to severe<br />
defaults and then after all reasonable alternatives have been tried, including Lender’s Step-in<br />
rights and a rectification period mechanism. From a value-for-money perspective termination<br />
should be the Authority’s last resort.<br />
The specification of the events of Company default should include treatment of the following<br />
situations:<br />
• Company breach of any obligations materially and adversely affecting the services<br />
provided;<br />
• the Company being placed in statutory insolvency process;<br />
• failure to provide the agree services and cumulative poor performance in service<br />
provision according to an agreed measurement regime when incentives provided<br />
through the transfer of risk and payment mechanism fail to produce the desired<br />
services;<br />
• non-permitted replacement of Company contractors; and<br />
• non-permitted refinancing.<br />
3. Termination on Force Majeure<br />
The Agreement should specify a time period (i.e. x months) under a force majeure event<br />
beyond which failure to agree to a solution allows either party to terminate the Agreement.<br />
The Authority should have the right (for a fixed period indicted by the Authority in the RFP)<br />
to prevent termination of the Agreement under a force majeure event by paying the Company<br />
as if the services specified in the Agreement were being fully provided.<br />
4. Termination at Authority Initiative<br />
The Authority may wish to terminate an Agreement when circumstances (e.g. a policy change)<br />
render the contracted relationship untenable and should have the right to do so. The<br />
conditions for such termination should be specified, including the obligation of the Authority<br />
to pay compensation to the Company if termination should occur.<br />
5. Termination for fraud and corruption<br />
Fraud and corrupt acts involving of the Company, any contractor and the Authority or<br />
government personnel in respect of the Agreement should constitute grounds for termination<br />
of the Agreement. <strong>Ho</strong>wever the treatment of this clause needs also to address the financiers’<br />
understandable concern regarding the security of their financing for reasons beyond their<br />
control due to the actions of the Company or third parties and their employees. Consideration<br />
needs to be give to situations where the fraud or corrupt act has been perpetrated by a<br />
contractor or a contractor’s employee or even a Company employee without the Company’s<br />
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knowledge. In this case, the Company should be allowed to prevent termination by replacing<br />
that offending party within a specified period (e.g. 30 days).<br />
26. PROCESS OF TERMINATION<br />
This cause should describe the process whereby the Agreement would be terminated and<br />
associated actions. It may involve the financier or lender step-in (to avoid the need for the<br />
Authority to pay compensation to the Company). The clauses should clearly identify<br />
processes, notices and time schedules for actions associated with the process of termination.<br />
Two key issues need to be addressed:<br />
1. Process of termination<br />
In the case of termination due to Authority default, there should be a mechanism for the issue<br />
of a notice of default and rectification period leading to automation termination upon failure<br />
to rectify and a following short grace period. The Authority’s desire to avoid having to pay<br />
compensation to the Company is an incentive for the Authority to meet its obligations.<br />
In the case of termination due to Company default, there should be a mechanism for the<br />
Authority to serve a notice of termination that allows a reasonable rectification period (if<br />
rectification is appropriate) for the Company to propose and implement a program of<br />
remedial measures.<br />
2. Continuity of service<br />
The continuity of MRT services during any termination process should be protected, i.e. users<br />
of the MRT system should be protected from actions of the Authority and the Company to<br />
the greatest extent possible. This requires that the Authority and Company make the necessary<br />
arrangements for the continuing provision of services while they seek to resolve the cause of<br />
the initiation of the process of termination and undertake the process of termination if<br />
necessary. This may require the Authority to require that the Company continue to operate<br />
services throughout the termination period or at least until the Authority can arrange an<br />
alternative service provider to take over from the Company.<br />
27. CONSEQUENCES OF TERMINATION<br />
The drafting of this provision should observe the following principles in determining the<br />
consequences of termination under different conditions.<br />
The principles address the issues of a) the rationale for making compensation and b) the<br />
approach and method to calculate the compensation amount.<br />
1. Rationale for compensation<br />
a) On Termination on Authority Default<br />
Where the Authority defaults, the Company should be compensated in full for losses that it<br />
incurs.<br />
b) On Termination on Company Default<br />
In general compensation is not generally paid by the Authority where termination is due to<br />
Company default. <strong>Ho</strong>wever, compensation should be paid for Company’s assets that are<br />
required by the Authority for continuing provision of services (e.g. M&E Assets). <strong>Ho</strong>wever,<br />
the trouble associated with determining and paying such compensation serves to encourage<br />
financiers to exercise step-in rights that they would have negotiated with the Company to try<br />
to make the concession work in preference to allowing termination of the Agreement.<br />
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c) On Termination for Force Majeure events<br />
A Force Majeure event is the fault of neither the Company nor the Authority. It is generally<br />
considered that the parties share in the financial consequences of such an event. <strong>Ho</strong>wever the<br />
concern of the Company’s financiers not to lose their financial arrangements and right to<br />
assets following a Force Majeure event is reasonable and should be addressed by the<br />
Authority.<br />
d) On Termination by Authority Initiative<br />
The reasoning is similar to the case of termination on Authority default and should lead to the<br />
same approach to compensation.<br />
e) On Termination for Fraud and Corrupt Acts<br />
The Company’s senior lenders should be protected from losing their financing due to an act<br />
beyond their control. <strong>Ho</strong>wever the providers of junior capital (i.e. subordinated debt or<br />
equity) should acknowledge that its relationship to the Company confers a responsibility for<br />
the Company’s acts and their margin of equity return in principle covers the risk involved.<br />
f) On Termination for Breach of the Refinancing Provisions<br />
The Agreement needs to cover breach of refinancing provisions and the recommended<br />
approach is that the consequences of termination for this cause should have a similar<br />
treatment as that for Fraud and Corrupt Acts.<br />
2. Determining the compensation amount<br />
The approach for each cause for termination should reflect the reasons for termination as<br />
summarized under 1. above. The calculation of the proper compensation amount in each case<br />
and the care that needs to be taken to ensure that no more than proper compensation is<br />
identified is complex because of the need to allow for events such as possible refinancing and<br />
other causes whereby senior debt and the Authority’s termination liability is increased, or again<br />
the need to establish a market value or other methods for agreeing the compensation to be<br />
paid on termination for Company default. The government will need to obtain specialist<br />
financial and legal technical advice to draft the calculation of compensation on termination.<br />
PART VI – SPECIAL EVENTS<br />
28. FORCE MAJEURE AND EXCEPTIONAL EVENTS<br />
This clause should specify the scope of events that are considered as Force Majeure or<br />
exceptional where the parties cannot carry out their obligations set forth in the agreement.<br />
The approach to Special Event should take into account the following considerations:<br />
• risk should be borne by the party best able to mitigate it, however the risk event occurs;<br />
• termination is not always the solution to a Special Event (e.g. a replacement<br />
concessionaire will still not be able to provide a full operation in the event of say<br />
inadequate service from an electricity authority) and should be a last resort measure; and<br />
• where termination may be an appropriate measure is in the rare case in which a Special<br />
Event has a severe effect on the ability of the Authority or the Company to fulfill their<br />
obligations, neither party is better able than the other to mitigate or manage it and the<br />
event is likely to be prolonged.<br />
In particular Special Events should be distinguished in a manner similar to the following.<br />
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1. Compensation Events<br />
Such events are those that occur as a result of an action by the Authority, its representatives or<br />
the government. In these events, compensation should be paid to the Company. It covers<br />
situations that differ from an Authority Default. Compensation Events for which the<br />
Authority should provide compensation are:<br />
• Authority breach of an obligation (including any breach by a third party for which the<br />
Authority is responsible) – an example is where agreed actions during the pre-service<br />
stage that are the Authority’s responsibility and which prevent the Company from<br />
meeting its service commencement obligation and/or increase the Company’s costs do<br />
not occur;<br />
• Authority-initiated changes in service requirement or constraints on inputs; and<br />
• discriminatory or specific changes in law.<br />
2. Relief Events<br />
They are events that prevent the Company from performing its obligations at any time and for<br />
which it is agreed that the Company bears the financial risk of an increased cost or reduced<br />
revenue but is given relief from termination for providing the full service required. The risk is<br />
to be borne by the Company not necessarily because it is within the Company’s control but<br />
because the Company is in a better position than the Authority to mitigate and manage the<br />
consequences, for example through a combination of insurance and careful planning.<br />
Examples of Relief Events are fire, explosion, lightning, earthquakes, riots, strikes and similar<br />
action, power or other utility failure or shortage, accidental damage or loss to the work being<br />
carried out. Termination is not an appropriate remedy because any replacement for the<br />
Company upon termination would be similarly affected and the Authority would not be better<br />
off. Relief Events are distinguished from Force Majeure Events by being less severe in their<br />
effect.<br />
3. Force Majeure Events<br />
These are events likely to have a catastrophic effect on either party’s ability to perform its<br />
obligation (and hence are rare), neither party is in a better position than the other to mitigate<br />
either the occurrence or effect of the events, and the events could be prolonged. Examples<br />
include war, civil war, terrorism, nuclear or biological or chemical contamination.<br />
29. CONSEQUENCES OF FORCE MAJEURE AND EXCEPTIONAL EVENTS<br />
The drafting of this provision should consider the consequences of each type of Special Event<br />
separately, such as.<br />
1. Compensation Events<br />
Since the Authority bears the risk, it should compensate the Company. Termination is not<br />
appropriate because compensation is an acceptable solution for the Company but is not for<br />
the Authority (as occurs with a Compensation Event that occurs in the pre-service stage). In<br />
the case of a commencement of service delay resulting from a Compensation Event, the<br />
recommended approach is not to compensate the Company by extending the Agreement<br />
period but rather to keep to the original term and to compensate for the losses (such as<br />
additional finance charges). An appropriate method of calculating the compensation needs to<br />
be specified.<br />
2. Relief Events<br />
No compensation is paid in this case because the Company bears the risk by agreement but<br />
there is relief from termination. To qualify for this relief requires the Company to pass a test<br />
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of reasonable endeavors to rectify and mitigate the consequences, and failing this test could<br />
lead to termination. The Authority should not therefore expect to exercises step-in rights.<br />
Extension of the Agreement owing to a Relief Event is discouraged as this is likely to dilute<br />
the incentive for the Company to manage the events and restore normalcy. At the same time<br />
the extension of the Agreement expiry exposes the Authority to any risk it bears under the<br />
Agreement.<br />
3. Force Majeure Events<br />
See Termination on Force Majeure in Part III - Early Termination<br />
30. POWER OF AUTHORITY<br />
As the consequences of the Termination and Special event provisions both involve Authority<br />
Step-In, this provision should specify the scope of power of the Authority regarding the stepin<br />
process.<br />
PART VII - ASSETS<br />
31. CIVIL INFRASTRUCUTRE<br />
The provision should specify that title to Civil Infrastructure remains with the Authority but<br />
that rights of use of the assets are assigned to the Company for the term of the Agreement<br />
(unless early termination occurs) and that the Company has a duty of care with regard to the<br />
assets but is not responsible for any latent conditions associated with the assets (such as<br />
design, construction or similar faults). The Company’s obligations to maintain Civil<br />
Infrastructure are covered under Part III - Services.<br />
Other matters to be addressed in this clause include the Authority’s rights to inspect Civil<br />
Infrastructure during the Agreement, a monitoring program to be implemented by the<br />
Company and to be monitored by the Authority, refurbishment, rehabilitation and reinvestment<br />
in life-expired Civil Infrastructure during the term of the Agreement and matters<br />
related to the return of Civil Infrastructure at the end of the Agreement.<br />
32. ASSETS OF THE CONCESSIONAIRE<br />
The provision should specify the assets that the concessionaire is providing for the project,<br />
distinguishing those which remain its property, which may removed from the project site at<br />
the Company’s convenience, and those to be transferred to the Authority. The time at which<br />
ownership of assets that are purchased by the Company and which are to become the<br />
property of the Authority should be specified, e.g. whether ownership transfers to the<br />
Authority at the time of purchase of the asset by the Company or at the end of the Agreement<br />
(the former is recommended). The provision should also specify the Company’s rights of use<br />
of the assets, maintenance obligations, any obligations with regard to refurbishment,<br />
rehabilitation and re-investment in life-expired assets, and the transfer of assets to the<br />
Authority at the end of the Agreement. The clause should also specify compensation to be<br />
paid to the Company for assets that are to be transferred to the Authority at the end of the<br />
Agreement, covering both assets purchased prior to service commencement and those<br />
purchased over the term of the Agreement. Such compensation is needed so that the<br />
Company does not need to meet, over the duration of the concession, the full cost of assets<br />
that have economic lives that extend beyond the end of the concession. A failure to do this<br />
would discourage the Company from investing in such assets, which will include trains to<br />
meet continuing growth in MRT patronage.<br />
The clause should also provide for survey by the Authority of all project assets except the<br />
Company’s property on expiration and termination.<br />
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33. ASSETS TITLES AND TRANSFER<br />
The provision should detail the ownership or title of the project assets and user rights during<br />
and on expiration of the Agreement. It should specify the time when the transfer of the assets<br />
titles would occur and the procedure for such transfer.<br />
The clause should also provide for co-operation by the Company with regard to the project<br />
assets in the event of a lenders’ or Authority step-in to operate to provide service in place of<br />
the Company and the need of a step-in party to find the required assets present and in a fit<br />
state for operation.<br />
34. LENDERS DIRECT AGREEMENT<br />
A Lenders Direct Agreement is an agreement between the financier of the Company’s assets<br />
and the Authority with regard to assets purchased and financed by the Company under the<br />
Agreement. Provision should be made for such an Agreement because:<br />
• The Authority needs to have the right to the assets provided by the Company in the<br />
event of a termination of the Company’s activities.<br />
• The senior lenders will have financed the project on the basis of the project cash flows.<br />
If the Agreement is terminated the lenders will only have the rights against the<br />
contractors and to cash amounts in accounts of the Company, and have no rights to sell<br />
the assets.<br />
• In many projects financed under such debt security arrangement, the cash in the<br />
Company accounts and the amounts recoverable by senior lenders making claims<br />
against the contractors will not be sufficient to allow full repayment of the claims.<br />
• Hence, the senior lenders have an interest in an opportunity to step-in to rescue the<br />
project in the event a termination is brought about or even threatened by Company<br />
default of the Agreement.<br />
• For the public sector, a senior lenders step-in can be of benefit as it means there is the<br />
potential for the project to be restored with minimum disruption to the service, which is<br />
in line with the principle of continuity of service, and without the Authority needing to<br />
become involved in the rescue operation.<br />
• This mutuality of interest between the senior lenders and the Authority forms the basis<br />
of the Lenders Direct Agreement providing for parties rights and obligations in a<br />
Lenders’ Step-in.<br />
• The step-in process is to be initiated by a Lenders proposal to the Authority for the<br />
latter’s approval.<br />
The key issues to be considered in drafting a Lenders Direct Agreement are:<br />
• the time when the Lenders should be permitted to step-in;<br />
• the extent to which they should be obliged to assume liabilities that have been or being<br />
incurred by the Company;<br />
• the extent to which they are given the opportunity to rectify a breach on behalf of the<br />
Company; and<br />
• the ability for the Lenders to substitute a new concessionaire.<br />
The drafting should take into account the following considerations:<br />
• The Company always remains liable under the Agreement, and if a new breach occurs<br />
during step-in, termination can still occur.<br />
77
• A balance must be stuck between giving the opportunity to the Lenders to step-in and<br />
for the Lenders to have seriously considered the likelihood of their mounting a<br />
successful rescue of the project (to avoid unnecessarily postponing an inevitable<br />
termination). Accordingly:<br />
‒ The opportunity to step in should have a time limit (e.g. 30 days from notice of<br />
termination of the Company, which should be copied to the Lenders).<br />
‒ Requiring that the Lenders pay the Authority for any existing liability under the<br />
Agreement of the Company at the time of step-in provides this necessary test of the<br />
Lenders seriously.<br />
• <strong>Ho</strong>wever requiring as a pre-condition for step-in that the Lenders duplicate the<br />
Companies Agreement liabilities has a disincentive effect and would be priced into the<br />
Lenders’ and ultimately the concessionaire’s pricing, and is not recommended.<br />
• During step-in the Lenders should not have any liability for losses to the Authority.<br />
• The justification for the approach in the last two points is that if termination occurs due<br />
to the action of the stepped-in Lenders any damage or claim will be reflected in the<br />
compensation amount for Termination on Company default.<br />
35. ASSET TRANSFER VALUES<br />
In the event that a concession is terminated, the Authority needs to ensure that train services<br />
can continue. If the Authority needs to pay compensation for these assets, there is a need to<br />
have a pre-established means for valuing the assets given that there is no ready market for<br />
most of the assets. Such a value will also be needed to determine the compensation to be paid<br />
for the remaining value of assets transferred from the Company to the Authority at the end of<br />
the concession. This clause would set out the basis for setting the value of assets at any time<br />
during the Agreement.<br />
PART VIII – MISCELLANEOUS<br />
36. RIGHTS AND DUTIES TRANSFER<br />
The provision should specify the period when the rights and duties of each parties would be<br />
transfer during and on expiration of the Agreement.<br />
37. CHANGE OF OWNERSHIP<br />
An Authority may be concerned about changes in the Company’s shareholders, particularly<br />
where such changes lead to a change in ownership which gives cause for concern for<br />
particular, agreed reasons. If this is the case then it may seek to impose restrictions on the<br />
ability of shareholders to transfer their shareholdings in the Company. Shareholders will<br />
usually object to such restrictions other than restrictions on transfers of equity prior to the<br />
date of Service Commencement. As a general rule, it should not be necessary for the<br />
Company to contain other restrictions on the transferability of equity other than a need to<br />
inform the Authority.<br />
The provision should specify that in case there is change of ownership of the Company, the<br />
Company must notify the Authority within a specific timeframe.<br />
38. DISPUTE SETTLEMENT AND RESOLUTION<br />
In the event where there is a dispute between parties in any circumstances, this provision<br />
should specify the method of dispute settlement and resolution.<br />
78
39. CONFIDENTIALITY<br />
The Company will be concerned to protect its confidential business information and the<br />
Authority should allow for that.<br />
At the same time, as a public project, it is necessary that public auditing can be undertaken.<br />
The provision should specify that the Company must disclose any information regarding the<br />
project for financial auditing and an indication that any trade secrets accessed in this manner<br />
remain confidential. Any other matters related to confidentiality and public release of<br />
information should be specified.<br />
40. CHANGE IN LAW<br />
This clause need to address the types of change in law that can have a specific impact on the<br />
Company’s cost that are not foreseeable prior to Agreement signing. Principles to be observed<br />
in the drafting of this clause, which deals with potential changes in law during the concession,<br />
are:<br />
• The cost impact of the change in law in not of a nature that can be passed on through<br />
automatic changes in payments from the Authority to the Company (e.g. through cost<br />
indexation).<br />
• The Company may not be able to manage efficiently a particular change in law impact<br />
on its cost, in which circumstance transferring the risk to the Company may not provide<br />
value-for-money to the government.<br />
• A distinction between a discriminatory change in law (i.e. one specifically affecting the<br />
project, or the Company or the type of concession) and a general change, which can be<br />
used to guide how the risk of the consequences of a change in law should be allocated.<br />
• Value-for-money remains the ultimate test in how the change in law risk is allocated<br />
between the Company and the Authority, with no more risk transferred to the Company<br />
than the Company can reasonably manage.<br />
41. AUTHORITY STEP-IN<br />
The provision should prescribe the conditions and process for an Authority step-in, which in<br />
principle should occur under the following circumstances:<br />
• at the Authority initiative under a (rare) circumstance in which state power is more<br />
effective than ordinary business operation (e.g. a civil war or another Force Majeure<br />
event); and<br />
• during the process of termination of the Company for a cause under the which the<br />
Authority would prefer not to have the Company continuing to operate (such as e.g.<br />
under termination for fraud or corrupt acts or breach of the Refinancing provisions).<br />
42. DUE DILIGENCE OVER CONTRACTS AND FINANCING DOCUMENTS<br />
Due diligence of the Project Documents is less of a provision in the Agreement than a<br />
requirement in the pre-Agreement stage. The Authority should stipulate the nature and form<br />
of documents to be submitted with proposals to aid the due diligence process. The need for<br />
the Authority and its MRT technical, financial and legal specialist advisors to conduct a<br />
thorough due diligence of the preferred bidder’s proposal is explained in earlier parts e.g. Part<br />
II – Pre-Service.<br />
43. ALTERNATIVE AND VARIANTS OF PROJECT FINANCE<br />
Alternatives and innovations in financing are a legitimate business means for a Company in<br />
carrying out a project. This is a specialist subject and it is recommended that the government<br />
79
obtain financial specialist and also legal specialist technical advice in the drafting of this<br />
provision, which should be made standard across the MRT concession contracts.<br />
44. OTHER STANDARD PROVISIONS<br />
The concession contract also needs to include appropriate clauses that deal with general issues<br />
such as the following:<br />
• Intellectual Property Rights<br />
• Amending the agreement (terms)<br />
• Governing Law<br />
• Governing language<br />
• Land interests<br />
• Third party rights and obligations (if any)<br />
80
Appendix E: Presentation and Report Summary<br />
81
� Focus<br />
HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong><br />
1<br />
ISSUES FOR<br />
PRIVATE SECTOR PARTICIPATION<br />
Structure of this presentation<br />
6 March 2008<br />
� Assumes that the government will use private sector (including joint venture) contractors to<br />
construct works.<br />
� Focus is therefore on use of the private sector for provision of finance & for MRT operations.<br />
� Part A<br />
� Introduction to PPIAF technical assistance<br />
� Part B<br />
� Experience in other places<br />
� Part C<br />
� Key issues for MRT institutional arrangements<br />
� Part D<br />
� Principal technical issues related to private sector participation in MRT in HCMC<br />
� Part E<br />
� More detailed features of a concession agreement for the operation of MRT in HCMC<br />
� Part F<br />
� Outline template for a concession agreement<br />
2<br />
6 March 2008
Part A<br />
3<br />
PUBLIC PRIVATE INFRASTRUCTURE<br />
ADVISORY FACILITY (PPIAF)<br />
TECHNICAL ASSISTANCE<br />
Role & Scope of PPIAF Technical Assistance<br />
PPTA: engineering<br />
design & feasibility<br />
PPIAF: options for<br />
private involvement<br />
4<br />
The Project<br />
• Uses detailed information on costs, costs patronage & revenue<br />
prepared by PPTA<br />
• Integrates with PPTA to ensure complete business case to<br />
manage implementation and operations<br />
6 March 2008<br />
6 March 2008
Four objectives for PPIAF Technical Assistance<br />
1. Identify options for private sector participation in MRT<br />
2. Assess benefits of each option<br />
3. Financial analysis & financial model<br />
4. Recommend implementation approach<br />
� contractual & institutional<br />
� for whole MRT network<br />
5<br />
6 March 2008<br />
1. Framework for Considering Private Sector Participation<br />
(PSP) –Options Development<br />
� PSP options will be identified after considering factors that influence<br />
MRT delivery:<br />
� Transport system management principles<br />
� Policy control: fares, ticketing, MRT & bus network integration etc<br />
� Low financial cost recovery<br />
� Participants in MRT provision – including contractors, equipment suppliers,<br />
concessionaires/ operators, & financiers<br />
� Bundling MRT components – achieve internal synergies (e.g. operations &<br />
maintenance) ) & p productive tensions (financier ( interest in efficient ops.) p )<br />
� Risk transfer – identifying what risk an operator can control and what it cannot to<br />
ensure costs are minimized<br />
� Forms of MRT operating concession<br />
� Potential roles for the private sector<br />
� Output: Working Paper<br />
6<br />
6 March 2008
2. Risk and Value‐for‐Money (VfM) Analysis<br />
7<br />
� Financial analysis will be undertaken to estimate the VfM of each private<br />
sector participation option:<br />
� To determine if f the private sector can deliver infrastructure f and services at lower<br />
cost than the public sector<br />
� To help the government to choose from amongst a range of possible procurement<br />
options balancing cost, benefits and risks<br />
� Identification of a risk matrix by stakeholder for effective risk<br />
management:<br />
� Project design<br />
�� Project implementation and capital assets<br />
� Maintenance and operations<br />
� Revenue<br />
� Procurement model<br />
� Other financial<br />
� Output: Working Paper<br />
6 March 2008<br />
3. Financial Analysis: Financing Plan & Financial Model<br />
� A financial model will be developed to:<br />
� Present the financial projections from the perspectives of: (a) the MRT<br />
operator/concessionaire; and (b) the government<br />
� Cover a period of about 30 years (to be defined)<br />
� Allow for easy entry of input data<br />
� Include clear and detailed assumptions<br />
� To the extent possible with available data, indicate the performance of individual<br />
lines and combinations of lines<br />
� Present projected financial statements (i.e. income & expenditure, cash flow and<br />
balance sheet) for the HCMC MAUR & for potential private sector or corporatized<br />
government participants<br />
� Output: Working Paper & financial model (spreadsheet)<br />
8<br />
6 March 2008
4. Stakeholder Feedback & Implementation<br />
� This activity centers on the interests and needs of stakeholders during<br />
implementation & operation:<br />
� Capacity of relevant government agencies to administer public & private<br />
partnerships in urban transport<br />
� Institutional arrangements ‐ propose options for future<br />
� Steps needed to introduce integrated fares and ticketing<br />
� Institutional & financing responsibility implications<br />
� Tender procedures (broad)<br />
� Ticketing system supply arrangement<br />
� Outline content of possible operating concession agreement<br />
� Responsibilities related to management of private sector<br />
� Comment on legal issues that must be considered<br />
� Other procurement issues<br />
� Output: Various<br />
9<br />
Financing MRT in HCMC<br />
� Initial capital cost<br />
� Lines 1, 2 and 3 could be around US$3‐4 billion<br />
� Th The cost for f all ll MRT lines li will ill be b much h more<br />
10<br />
6 March 2008<br />
� Sources of initial capital<br />
� Government grants<br />
� Loans<br />
− Government domestic borrowing<br />
− Government international borrowing, e.g. Asian Development Bank & export credit agencies<br />
� Private sector capital<br />
�� Need to make effective use of all sources if full MRT system is to be built<br />
� Sources of funds to repay government borrowing & private sector capital<br />
� Fare revenue<br />
� Non‐fare MRT revenue<br />
� Property development<br />
� Other non‐MRT sources, e.g. existing govt. revenue and new (hypothecated) taxes<br />
6 March 2008
10%<br />
10%<br />
Indicative distribution of MRT costs<br />
Share of Initial Capital Expenditure<br />
5%<br />
75%<br />
Fixed infrastructure<br />
E&M infrastructure<br />
Trains<br />
Ticketing<br />
Share of Initial Capital and Ongoing<br />
Capital over 35 Years<br />
25% Capital Expenditure<br />
for initial project<br />
implementation<br />
75%<br />
Capital expenditure<br />
for re‐investment<br />
and capacity<br />
expansion over 35<br />
years<br />
11<br />
45%<br />
Part B<br />
12<br />
(values do not include<br />
discounting of future costs)<br />
EXPERIENCE IN OTHER PLACES<br />
Share of Capital and O&M Costs<br />
over 35 Years<br />
55%<br />
Capital cost (excl.<br />
Interest)<br />
O&M<br />
6 March 2008<br />
6 March 2008
Examples of MRT experience in other Asian cities<br />
13<br />
� Sources of finance for initial investment<br />
� Government only (Singapore, <strong>Ho</strong>ng Kong, Manila)<br />
� Private sector only (Bangkok, (Bangkok Kuala Lumpur, Lumpur Manila)<br />
� Mix (Bangkok)<br />
� Provision of services and infrastructure maintenance<br />
� Government corporation (<strong>Ho</strong>ng Kong, Manila, Singapore)<br />
� Private sector (Bangkok, Kuala Lumpur, Manila, Singapore)<br />
� Some insights<br />
� General shift over time from public sector operators to private sector operators<br />
� Fare revenue generally meets O&M costs, sometimes train costs, but rarely other capital costs<br />
� Non‐fare MRT revenue is very small (in range of 2‐8% of fare revenue)<br />
� Income from property development significant only in <strong>Ho</strong>ng Kong –a special case<br />
� Can use the private sector to operate services and maintain infrastructure (O&M) –and also<br />
to finance some assets<br />
� Use of the private sector need not be limited to activities where cost recovery is possible –<br />
they can undertake activities through conventional payment‐for‐service contracts<br />
Four lessons from Bangkok ‐ 1<br />
� Patronage and revenue have been well below expectations<br />
� Results from optimism bias, i.e. basing plans on ideal and hopeful outcomes<br />
� Green line (elevated)<br />
14<br />
6 March 2008<br />
� Concessionaire pays for all capital and operating costs and expected to recover these<br />
costs from fares and other sources of revenue<br />
� Revenue appears to meet operating costs, cost of trains, but not all fixed<br />
infrastructure costs<br />
� Blue line (underground)<br />
�� Government paid for fixed infrastructure infrastructure, and concessionaire for trains and other<br />
electrical and mechanical equipment<br />
� Appears that revenue is insufficient to meet the concessionaire’s costs<br />
� Potential cost recovery for future lines likely to be less than for the first<br />
two lines<br />
6 March 2008
Poor physical integration:<br />
- of MRT lines<br />
- with bus<br />
- with urban environment<br />
Inconvenient & unsafe travel –<br />
500 metres transfer between MRT<br />
lines<br />
Lessons from Bangkok ‐ 2<br />
15<br />
Lessons from Bangkok 3<br />
� Separate ticket system and fare structure for each line<br />
� Confusing for passengers<br />
� Must buy separate tickets for each line<br />
� More expensive for passengers who transfer (see example below)<br />
16<br />
• Bht 25 on BTS<br />
• Bht 22 on Blue<br />
Line<br />
• Bht 32 for BTS<br />
& Blue Line<br />
• Bht 30 for Blue<br />
Line & BTS<br />
6 March 2008<br />
6 March 2008
� Integration<br />
Lessons from Bangkok 4<br />
17<br />
2 smart card ticketing systems are NOT compatible<br />
Card A Not compatible Card B<br />
General lessons from MRT in other cities<br />
18<br />
6 March 2008<br />
� Integration is essential for the system to be attractive to passengers.<br />
�� Achieving physical integration of infrastructure should be simple simple, but is surprisingly difficult difficult.<br />
� Fare, ticket and service integration is not given sufficient importance.<br />
� Integration problems increase as new MRT lines are added.<br />
� Optimism bias<br />
� General experience is that costs are under‐estimated and patronage is over‐estimated.<br />
� Can lead to concession contracts that are unrealistic and unsustainable because revenue from<br />
fares and other sources is less than expected.<br />
� Financial viability<br />
� Substantial government financial subsidy is needed.<br />
� Government management<br />
� Government should retain policy control over the MRT system –this does not require the<br />
government to operate services.<br />
� Use the private sector for operations O&M and capital where this provides value‐for‐money<br />
� Poor decisions in the past are difficult to change.<br />
6 March 2008
H<br />
i<br />
s<br />
t<br />
o<br />
r<br />
i<br />
c<br />
Part C<br />
19<br />
KEY ISSUES FOR MRT INSTITUTIONAL<br />
ARRANGEMENTS<br />
General evolution in public transport<br />
management in other places<br />
Dispersed public transport service<br />
provision<br />
- Limited role by government for<br />
service planning p g & integration. g<br />
- Services provided by the private<br />
sector, and sometimes infrastructure<br />
also.<br />
- Limited or no government subsidy.<br />
Alternative,<br />
direct route<br />
for change<br />
Objective:<br />
avoid poor<br />
service and<br />
high cost of<br />
centralized<br />
approach<br />
20<br />
Typical development<br />
approach in<br />
the past<br />
Objective:<br />
improve and<br />
integrate public<br />
transport<br />
6 March 2008<br />
Centralized public transport operator<br />
- Government agency.<br />
- Integrated service planning and provision.<br />
- SServices i and d iinfrastructure f t t provided id d bby th the<br />
government agency.<br />
- Increasing costs & decreasing service<br />
quality.<br />
Trend in 1990s,<br />
e.g. Europe,<br />
S. America,<br />
NZ & Australia<br />
Objective: better services<br />
and reduced unit costs<br />
through effective use of the<br />
private sector<br />
Public transport management government<br />
- Government agency.<br />
- Integrated fares, ticketing and services.<br />
- Services provided by private operators under contract to the<br />
government.<br />
- Government pays contractors for services using performance<br />
based contracts with appropriate incentives and penalties.<br />
6 March 2008
Ideal structure for management in the transport sector<br />
� Need separate<br />
high level<br />
strategic direction<br />
� Separate<br />
management<br />
from the actual<br />
undertaking of<br />
operational<br />
activities<br />
� Government<br />
to arrange for the delivery<br />
of infrastructure and services<br />
� Separate entities to deliver<br />
infrastructure and services<br />
through contracts<br />
Policy &<br />
Strategy<br />
• Policy y framework<br />
• Strategic planning<br />
• Regulatory policy<br />
• Financing &<br />
pricing policies<br />
• Performance<br />
monitoring<br />
21<br />
Regulation<br />
• Setting standards<br />
• Registration &<br />
licensing<br />
• Enforcement<br />
Effectiveness –“doing the right thing”<br />
Reports<br />
Informs<br />
Program<br />
management<br />
• Project planning<br />
• Investment<br />
programming<br />
• Project, financing<br />
& other approvals<br />
• Design Design, tendering tendering,<br />
& contracting<br />
• Contract/concession<br />
management<br />
• Monitoring & quality<br />
assurance<br />
Program<br />
ddelivery li<br />
• Infrastructure<br />
• Services<br />
• Marketing<br />
• Finance<br />
Efficiency –“doing the thing right”<br />
6 March 2008<br />
Key issues for government policy direction and control<br />
� Issues related to the structure of a concession to provide services<br />
� Same general issues apply whether operator is government or private<br />
� PPossible ibl concession i period i dlik likely l to bbe around d 35 years<br />
� Equal to the life of trains<br />
� Over this period<br />
� Demographic and socio‐economic conditions will change substantially<br />
� Government policy priorities may also change<br />
� Cannot foresee all changes that might occur<br />
� Government therefore needs to establish concessions so that it can make essential<br />
changes in the future, future for example to<br />
� Add new lines<br />
� Change bus or MRT services or the quality of the MRT system<br />
� Change the structure and level of fares<br />
� Accommodate other economic and social changes that might occur<br />
22<br />
6 March 2008
Key issues for MRT integration<br />
� An effective MRT system requires<br />
� Integration of public transport services<br />
− With bus routes and other public transport services supporting the MRT system<br />
� Integration and good design of physical infrastructure<br />
− With passengers able to easily transfer between MRT lines, and between bus & MRT<br />
− With passengers able to easily walk to and from MRT stations<br />
− with passengers able to park motorcycles and transfer to MRT<br />
� Integrated ticketing for the MRT system<br />
− So that passengers can use a single ticket such as a stored value card to access any part of<br />
the h MRT system and, d ideally, id ll bbuses and d water transport also l<br />
� Ideally, integrated fares<br />
− So that passengers are not required to pay a second or subsequent ‘flagfall’ component<br />
when transferring between MRT lines and also with other public transport modes<br />
� Operation of trains between lines is not essential but can be useful<br />
23<br />
Part D<br />
24<br />
PRINCIPAL TECHNICAL ISSUES RELATED<br />
TO PRIVATE SECTOR PARTICIPATION<br />
IN MRT IN HCMC<br />
6 March 2008<br />
6 March 2008
General arrangement for implementing and operating MRT<br />
� Full private sector involvement<br />
� Possible arrangement<br />
25<br />
− Private sector finances and implements the MRT line<br />
− Operates the MRT line and retains revenue from it for a term (say 30‐40 years)<br />
− Transfers the MRT system back to the government at the end of the term<br />
� Low cost recovery for MRT lines in HCMC would require the government to also<br />
make payments to the private sector so that the private sector can meet its costs<br />
� As discussed in Part E, this arrangement is not favoured<br />
� Better approach will be for the government to<br />
� Finance and implement most infrastructure<br />
− It is assumed that implementation will use private companies selected through competitive<br />
tendering and undertaking works through sound contracts<br />
� Use a separate entity to operate MRT services (and possibly provide some assets)<br />
− Requires a contract to manage the provision of MRT services on each line –this is the focus<br />
of the rest of this presentation<br />
6 March 2008<br />
A contract (a concession) to operate MRT services<br />
� Features of the contract:<br />
26<br />
� The contract is commonly called a concession and the holder of the contract is called the<br />
concessionaire<br />
concessionaire.<br />
� It would be between the government (e.g. represented by the Management Authority for<br />
Urban <strong>Rail</strong>ways or a similar agency) and the operating company.<br />
� The company could be a government agency or a private company, where the latter could<br />
include joint ventures between a fully private company and a government enterprise.<br />
� It describes the responsibilities of the government and the concessionaire with regard to the<br />
provision of services, management of infrastructure and financial matters.<br />
� The concessionaire could be involved in infrastructure design and provision.<br />
� It would ld be b for f a period i dof f time. ti<br />
� It would transfer from the government financial risk (i.e. uncertainty) that can be better<br />
managed by the concessionaire.<br />
� Issues related to ticketing and management of fare revenue also need to be considered.<br />
� Issues related to payment arrangements to the concessionaire and other contractual<br />
conditions are addressed in Parts E and F of this presentation<br />
6 March 2008
Fifteen questions that can help establish the<br />
general features of a concession agreement<br />
27<br />
1. Is it possible to deal with infrastructure delivery now and address operations later?<br />
2. Should a single agency develop and operate the MRT, or should these activities be separated?<br />
33. Should there be only one operator for all lines in the MRT system, system a separate operator for each line, line<br />
or something else?<br />
4. If the concessionaire is a government agency, should it be a department or a state‐owned enterprise?<br />
5. Is it better that the concessionaire be a government‐owned enterprise or a private company<br />
(including a joint venture between a private company with a government enterprise)?<br />
6. Should the concessionaire be selected on the basis of domestic or international competitive bidding?<br />
7. Should the concessionaire be involved in the design & implementation of fixed infrastructure?<br />
8. Should the concessionaire select trains and related equipment & systems?<br />
9. Should the concessionaire select and finance trains and related equipment & systems?<br />
10. Should the concessionaire finance fixed infrastructure?<br />
11. Should the concessionaire maintain fixed infrastructure?<br />
12. Should a MRT operating concession be for a long or short period?<br />
13. <strong>Ho</strong>w much financial risk can be transferred from the government to the concessionaire?<br />
14. Should ticketing be implemented as a single contract for the entire MRT system?<br />
15. Should concessionaires keep fare revenue or give it to the government?<br />
The questions are addressed on following slides 6 March 2008<br />
Some reasons in favour<br />
1. Is it possible to deal with infrastructure delivery now<br />
and address operations later?<br />
28<br />
Some against<br />
� Infrastructure ast uctu e is s a large ageaand dco complex p e matter atte � Need eed to co consider s de ope operational at o a issues ssues toget together e<br />
that will absorb all government resources for<br />
the immediate future<br />
� It will take longer to arrange and implement<br />
infrastructure than to do the same for<br />
operations<br />
with infrastructure so that the project design<br />
ensures total MRT costs are minimized<br />
� Need to consider if any assets and their<br />
financing should be combined with operations<br />
to determine infrastructure works packages<br />
� Will take longer to arrange operations if some<br />
assets are involved in the concession<br />
� Project preparation for the ADB loan needs to<br />
cover both infrastructure delivery and<br />
operations<br />
Conclusion: Operating arrangements need to be determined at the same time as infrastructure<br />
planning.<br />
6 March 2008
2. Should a single agency develop and operate MRT,<br />
or should these activities be separated?<br />
� A single agency that both develops and operates MRT might allow better integration<br />
� But this does not occur in practice<br />
� Slide 21 shows best practice p is to separate p functions<br />
� Separation ensures decision making is more transparent, and avoids conflict of interest and inefficiency<br />
that occurs within a single agency<br />
� Conclude that should separate service management from service operations<br />
� Establish a contractual relationship<br />
− Sometimes called “purchaser‐provider” or “regulator‐operator” approach<br />
� Need an government to<br />
− Set technical standards<br />
− Structure the contract for train operations and infrastructure maintenance so it achieves integration, service quality<br />
and other desired outcomes<br />
� Also need an agency to enforce safety standards<br />
− It is usual for this to be a separate rail safety government<br />
� Future slides assume MRT operations are provided through a concession<br />
� The concessionaire is the business that is responsible for meeting the conditions of the concession<br />
� The concessionaire includes the entity that operates services<br />
Some reasons in favour<br />
29<br />
3. Should there be only one operator for<br />
all lines in the MRT system?<br />
30<br />
Some against<br />
6 March 2008<br />
� Easier as e to epadope expand operations at o s to new e lines es by<br />
� Attracting g existing g operators p from other pplaces<br />
drawing on skills and resources in the existing<br />
agency<br />
� Economies of scale (i.e. unit costs decline as<br />
the organisation gets bigger) will result in lower<br />
costs<br />
will bring more diverse and better skills<br />
� Limited evidence for economies of scale in<br />
public transport<br />
� Single operator (i.e. a monopoly operator) will<br />
become inefficient<br />
� Very difficult for the government to replace<br />
the operator if it performs inadequately<br />
� Several operators (say 2‐3)<br />
� Allows comparisons to be made<br />
� Allows flexibility and protection in case problems<br />
emerge<br />
� Can only have one operator on any individual<br />
line<br />
Conclusion: Having 2‐3 operators for the system provides flexibility and assists management of the<br />
system.<br />
6 March 2008
4. If the concessionaire is a government agency, should it be a<br />
department or a state‐owned enterprise?<br />
Some reasons in favour of a department<br />
31<br />
Some against<br />
� A depa department t e t ca can be more oeeas easily y co controlled t o ed by<br />
� A depa department t e t does not ot have aest strong o g incentives ce t es<br />
the government<br />
� A department might have lower costs because<br />
government salaries are low<br />
to behave in a commercial manner<br />
� The close link between government and a<br />
department<br />
� Reduces transparency in decision making<br />
� Introduces conflicts of interest<br />
� A state‐owned enterprise has an incentive to<br />
minimize overall costs<br />
� A state‐owned enterprise p can be more easily y<br />
equitized at some future time<br />
Conclusion: If publicly operated, the operator should be an arm’s length commercial enterprise.<br />
Some reasons in favour of a government<br />
operator<br />
� A go government e e t ope operator ato ca can be more oeeas easily y<br />
controlled by the government<br />
� A government operator may have lower costs<br />
because government salaries are lower<br />
6 March 2008<br />
5. Is it better that the concessionaire be a government‐owned enterprise<br />
or a private company (including a joint venture with a govt. enterprise)?<br />
32<br />
Some against<br />
� Control is exercised through g a contract in both<br />
cases, so direct control is not an issue<br />
� Lower government salaries are likely to be<br />
offset by larger numbers of employees and<br />
other higher costs<br />
� International experience shows that<br />
government operators are typically 30%‐50%<br />
more expensive than private sector operators<br />
� The private sector is better at managing risk<br />
and controlling costs<br />
� Can draw on private sector specialist skills and<br />
experience<br />
� Modern practice is to use a private sector<br />
operator<br />
Conclusion: Use of a private sector company to operate services will almost certainly be better than<br />
use of a government operator.<br />
6 March 2008
6. Should the concessionaire be selected on the basis of domestic or<br />
international competitive bidding?<br />
Some reasons in favour of domestic<br />
competitive bidding<br />
33<br />
Some reasons in favour of international<br />
competitive bidding<br />
� A go government e e t may ay feel ee it t has as more oeco control t o � There is no current domestic enterprise p with<br />
over the concessionaire<br />
skills in MRT operations<br />
� A concessionaire may have lower costs because � A foreign company is likely to form a<br />
it does not have to pay international costs<br />
consortium with local companies to reduce<br />
costs and meet government objectives<br />
� A consortium will be a more effective means<br />
for developing domestic skills in MRT<br />
operations than external training because it<br />
will occur in a more programmed and<br />
sustained manner<br />
� A consortium is especially important if trains<br />
and related equipment and services are to be<br />
provided by the concessionaire<br />
Conclusion: The concessionaire should be selected on the basis of international competitive bidding<br />
to obtain the best combination of skills and lowest cost.<br />
6 March 2008<br />
7. Should the MRT concessionaire be involved in the design and<br />
implementation of fixed infrastructure?<br />
Some reasons in favour<br />
� It t is s more oelikely eyto to result esu t in lower o e life‐long e o gcosts costs � It t is s ddifficult cutto to aarrange a gebecause because tthe eope operator ato<br />
because both initial capital costs and ongoing<br />
costs are taken into account<br />
34<br />
Some against<br />
must be selected at the same time as the<br />
infrastructure design engineers<br />
� It is more difficult to get sound financial<br />
tenders from potential operators when the<br />
project design is not finalised<br />
Conclusion: It is not essential subject to use of international standards for infrastructure design and<br />
taking account of operational issues in the design of fixed infrastructure.<br />
6 March 2008
8. Should the MRT concessionaire select trains and related items such as<br />
train control & communications systems and depot equipment?<br />
Some reasons in favour<br />
35<br />
Some against<br />
� It t ggives estthe eope operator ato bette better co control t o oe over tthe e � The e ope operator ato may ay se select ect tthe emost ost epes expensive e<br />
quality of service that they provide<br />
trains rather than the trains that offer the best<br />
� It allows the operator to minimize train capital value<br />
costs and other O&M costs<br />
� It prevents the operator blaming the<br />
equipment provided to them by the<br />
government for poor service provided by the<br />
operator<br />
Note: It is usual for there to be a<br />
� It allows some patronage risk to be transferred separate depot for each MRT line line.<br />
to the concessionaire ‐ this reduces the need<br />
This reduces dead running and<br />
for use of administrative measures in contract increases the accountability of the<br />
management and hence simplifies contract<br />
operators.<br />
management<br />
Conclusion: Trains & related infrastructure are essential to operator performance. Operators should be responsible<br />
for choices regarding them so that operating risk and some patronage risk can be transferred to the operators.<br />
Some reasons in favour<br />
6 March 2008<br />
9. Should the MRT concessionaire select and finance trains and related items<br />
such as train control & communications systems and depot equipment?<br />
� Four ou reasons easo s pese presented tedoon tthe epe previous oussde slide � It t may ay reduce educe tthe enumber u be oof pote potential t a<br />
� It also introduces a new potential source of operators if they have trouble raising capital<br />
capital for investment in the project<br />
� It brings a financier into the concession, with<br />
the financier able to put pressure on the<br />
operator to perform well over the life of the<br />
concession to protect the financier’s interest<br />
� It ensures that the concessionaire will seek the<br />
trains that will enable it to minimize it overall<br />
costs<br />
� The concessionaire will seek to reduce the high<br />
cost of trains provided through export credit<br />
finance<br />
36<br />
Some against<br />
Conclusion: Best for the concessionaire to both select and finance trains so that costs can be<br />
minimised and the transfer of risk to the concessionaire can be maximised.<br />
6 March 2008
10. Should the concessionaire finance fixed infrastructure?<br />
Some reasons in favour<br />
� The e co concessionaire cess o a e ca can ta take e geate greater � It t may ay limit t tthe epoo pool oof poss possible b e<br />
responsibility for ensuring the success of the<br />
entire project<br />
� It could provide a net financial benefit to the<br />
government if the higher cost of private sector<br />
capital can be offset by the transfer of more<br />
financial risk to the concessionaire<br />
37<br />
Some against<br />
concessionaires by eliminating those who<br />
cannot raise the necessary capital<br />
� The government may not get the best<br />
consortium of infrastructure and finance<br />
providers and MRT operator<br />
� The concessionaire may seek greater certainty<br />
to protect their investment, which will<br />
compromise p the transfer of risk and/or / reduce<br />
network integration and policy flexibility for<br />
the government<br />
Conclusion: It is unlikely that private sector capital will provide a lower cost outcome, but this can be<br />
tested with a value‐for‐money analysis.<br />
6 March 2008<br />
11. Should the concessionaire maintain fixed infrastructure?<br />
Some reasons in favour<br />
38<br />
Some against<br />
� The e co concessionaire cess o a e will co contain ta tthe epeop people e who o � The e co concessionaire cess o a e oonly yhas as aan interest te est in tthe e<br />
will be most aware of problems with<br />
infrastructure because they use it every day<br />
� The concessionaire has an interest in fixing<br />
infrastructure problems so that their services<br />
are not disrupted or their costs increased<br />
Conclusion: The concessionaire should maintain fixed infrastructure.<br />
infrastructure for the term of the concession,<br />
and may not take a long term view<br />
6 March 2008
12. Should an MRT operating concession be for a long or short period?<br />
Reasons for a short period<br />
(say up to 10 years)<br />
39<br />
Reasons for a long period<br />
(say 35 years)<br />
� A concessionaire can be more certain of costs over � The concessionaire can take a long g term view, , e.g. g<br />
a shorter rather than a longer term, and so need<br />
not include risk premiums to allow for uncertainty<br />
over future costs<br />
� A concessionaire can be replaced sooner if they<br />
do not perform well<br />
� The concession can make arrangements to<br />
compensate the concessionaire for assets they<br />
have purchased that have an economic life that is<br />
l th th i t<br />
they can develop staff skills and invest in<br />
worthwhile equipment and services that have a<br />
payback period that is longer than the concession<br />
term<br />
� A combination of suitable contract conditions and<br />
use of price indices will allow costs to be adjusted<br />
over the term of a longer concession<br />
� A concession can include terms for early dismissal<br />
f i i if th d t f ll<br />
� A longer term concession avoids the cost of<br />
selecting a new concessionaire more frequently<br />
� A longer term is more consistent with provision<br />
and financing of trains by the concessionaire<br />
longer than the concession term of a concessionaire if they do not perform well<br />
Conclusion: A longer term concession is preferred, especially if trains are provided and financed by<br />
the concessionaire. A 35 year concession would be similar to the life of the first set of trains.<br />
6 March 2008<br />
13. <strong>Ho</strong>w much financial risk can be transferred<br />
from the government to the concessionaire?<br />
40<br />
� Meaning of financial risk transfer<br />
� Financial risk is the uncertainty about how costs might turn out in practice<br />
� Transfer of financial risk means making the concessionaire responsible for the costs, i.e. they cannot ask the<br />
government for more money if costs turn out higher than expected<br />
� Overall costs of MRT will be higher if too much or too little risk is transferred to the concessionaire<br />
� If transfer too much risk<br />
− The concessionaire will become risk averse (i.e. very cautious), which will reduce innovation and responsiveness by<br />
them to market needs<br />
− Bidders for a concession will include ‘risk premiums’ (i.e. extra allowances) in their bids to protect them against higher<br />
costs that result from risks that they cannot manage<br />
� If transfer insufficient risk<br />
− The concessionaire will not manage the uncertainty as well as they might because they can pass on cost increases to<br />
the government<br />
� Obj Objective i iis to transfer f to the h concessionaire i i risk ikthat h they h can manage and d hhence avoid id occurring i<br />
‐ examples<br />
� Transfer operating cost risk, but protect the concessionaire from longer term uncertainty by using indices to<br />
adjust contract payments for changes in unit costs (e.g. energy prices, labour costs, etc)<br />
� Transfer some patronage risk to make concessionaire response to consumer needs. But recognise that the<br />
concessionaire may be able to influence only about 10% or so of their patronage (the remainder is<br />
attributable to factors such as what happens elsewhere in the network and socio‐economic conditions)<br />
� Addressed in more detail in a separate paper<br />
6 March 2008
14. Should ticketing be implemented as a single contract<br />
for the entire MRT system?<br />
Some reasons in favour<br />
41<br />
Some against<br />
� A ssingle gesyste system aods avoids interface te ace pobe problems s � GGives esco considerable s de ab e responsibility espo s b ty to a ssingle ge<br />
between lines<br />
contractor, with greater risk if the system is<br />
� Allows the best technology to be used for the not optimal<br />
entire MRT system rather than the technology � An additional contract that needs to be<br />
selected by those bidding for each line<br />
managed<br />
� Makes it easier to expand the system to include � Could be managed by coordination between<br />
more lines, the bus system and ferries when various public transport operators<br />
appropriate<br />
� Not essential if government does not wish to<br />
� Allows the technology to be more easily<br />
updated<br />
� Establishes an independent contract that<br />
makes revenue management & patronage data<br />
more transparent<br />
have an integrated public transport system<br />
Conclusion: Integrated fares and ticketing is essential for a successful public transport. A single ticket<br />
system implemented through a single contract is likely to provide the best outcome.<br />
6 March 2008<br />
Some reasons for concessionaires<br />
keeping fare revenue<br />
15. Should concessionaires keep fare revenue<br />
or give it to the government?<br />
42<br />
Some reasons for the fare revenue to be<br />
paid to the government<br />
� The e co concessionaire cess o a e ca can use tthe efare aerevenue eeueto to � It t is s likely eytthat attthe efare aerevenue eeuewill be<br />
meet their costs<br />
insufficient to meet concessionaire costs, so<br />
� Requires an accounting system to transfer there will still be a need for a means for the<br />
funds between concessionaires where<br />
government to pay additional funds to the<br />
passengers transfer between MRT lines<br />
concessionaire<br />
� Best suited to situations where fare revenue is � The ratio of fare revenue to cost will vary<br />
sufficient to meet the costs incurred by a between lines, requiring different levels of<br />
concessionaire and where a “gross cost” form government payment to concessionaires<br />
of concession is used (see ( slide 30) ) � Works well where an integrated g ticketing g<br />
system is used, and revenue is collected by the<br />
enterprise that operates the ticket system<br />
� Best suited to a “net cost” form of concession<br />
(see slide 30)<br />
Conclusion: See later discussion of forms of concession.<br />
6 March 2008
Conclusions to these fifteen questions<br />
Question Conclusion<br />
1. Is it possible to deal with infrastructure delivery now and address operations<br />
later?<br />
2. Should a single agency develop and operate the MRT, or should these<br />
activities be separated?<br />
Operating arrangements need to be determined at the same time as infrastructure planning.<br />
43<br />
These activities should be separated, with operations undertaken through a concession contract.<br />
3. Should there be only one operator for all lines of the MRT system? Having 2‐3 operators for the system provides flexibility and assists management of the system.<br />
4. If the operator is a government agency, should it be a department or a state‐<br />
owned d enterprise? t i ?<br />
5. Is it better that the concessionaire be a government‐owned enterprise or a<br />
private company (including a joint venture with a government enterprise)?<br />
6. Should the concessionaire be selected on the basis of domestic or<br />
international competitive bidding?<br />
7. Should the MRT operator be involved in the design and implementation of<br />
fixed infrastructure?<br />
8. Should the MRT concessionaire select trains and related equipment &<br />
systems?<br />
9. Should the MRT concessionaire select and finance trains and related<br />
equipment & systems?<br />
If publicly operated, the operator should be an arm’s length commercial enterprise.<br />
Use of a private sector company to operate services will almost certainly be better than use of a<br />
government operator.<br />
The concessionaire should be selected on the basis of international competitive bidding to<br />
obtain the best combination of skills and lowest cost.<br />
It is not essential subject to use of international standards for infrastructure design and taking<br />
account of operational issues in the design of fixed infrastructure.<br />
Trains and related infrastructure are essential to operator performance. Operators should be<br />
responsible for choices regarding them so that operating risk and some patronage risk can be<br />
transferred to the operators.<br />
Best for the concessionaire to both select and finance trains so that costs can be minimised and<br />
the transfer of risk to the concessionaire can be maximised.<br />
10 10. Should the MRT operator finance fixed infrastructure? It is unlikely that private sector capital will provide a lower cost outcome outcome, but this can be tested<br />
with a value‐for‐money analysis.<br />
11. Should the MRT operator maintain fixed infrastructure? The concessionaire should maintain fixed infrastructure.<br />
12. Should the MRT operating concession be for a long or short period? A longer term concession is preferred, especially if trains are provided and financed by the<br />
concessionaire. A 35 year concession would be similar to the life of the first set of trains.<br />
13. <strong>Ho</strong>w much financial risk can be transferred from the government to the<br />
concessionaire?<br />
14. Should ticketing be implemented as a single contract for the entire MRT<br />
system?<br />
Transfer an optimal amount of risk so that concessionaires do not include risk premiums in bids<br />
and effectively manage costs and revenue they can control.<br />
Integrated fares and ticketing is essential for a successful public transport. A single ticket system<br />
implemented through a single contract is likely to provide the best outcome.<br />
15. Should concessionaires keep fare revenue or give it to the government? Will be linked to the ideal form of a concession –considered in more detail in Part E.<br />
Implications of these conclusions<br />
44<br />
6 March 2008<br />
� Seems likely that a good arrangement will be that<br />
� The concessionaire should be a private company selected through international<br />
competitive bidding<br />
� The concessionaire should provide and finance trains and related equipment and<br />
systems, as well as operating train services and maintaining fixed infrastructure<br />
� The concession should be for a reasonably long period<br />
� Operating risk and some patronage risk should be transferred to the concessionaire<br />
� A single ticketing system should be used for the whole MRT system, and it should be<br />
implemented as a separate contract<br />
� But<br />
� There is a need to confirm these matters through a value‐for‐money analysis<br />
� There are a number of more detailed matters that need to be considered in<br />
designing a concession for the provision of MRT services<br />
− this is addressed in the next part of the presentation<br />
6 March 2008
Part E<br />
45<br />
MORE DETAILED FEATURES OF A<br />
CONCESSION AGREEMENT FOR THE<br />
OPERATION OF MRT IN HCMC<br />
Introducing two forms of concession agreement<br />
46<br />
“Net Cost” concession “Gross Cost” concession<br />
6 March 2008<br />
Infra‐ Government provides civil infrastructure. Concessionaire provides trains and related items such as<br />
structure train control & communications systems and depot equipment. equipment<br />
Risk sharing Concessionaire assumes all patronage<br />
risk, but shares extra profits (if any) with<br />
the government.<br />
Risk is shared between the government and<br />
concessionaire. Optimum sharing of risk will minimise<br />
the concession cost.<br />
Revenue Concessionaire keeps revenue Fare revenue is given to the government<br />
Services Concessionaire determines services to<br />
be provided on the basis of profitability.<br />
Government sets service standards and the concession‐<br />
aire determines services based on these standards.<br />
Payments Concessionaire meets costs from its Government pays the concessionaire for services<br />
Government<br />
role<br />
own revenue. Additional payments may<br />
be needed from the government if<br />
concessionaire’s revenue is too low.<br />
Government invites tenders &<br />
establishes a concession; has only a<br />
small role thereafter; difficult to vary<br />
contract conditions.<br />
provided according to rates set on the basis of<br />
competitive tendering and quantity/quality of service<br />
provided.<br />
Government invites tenders and establishes a<br />
concession; has a continuing major role in managing the<br />
concession agreement; can vary conditions when<br />
needed.<br />
6 March 2008
Net cost concession<br />
Assessment of “net cost” and “gross cost” concessions<br />
est su ted ee<br />
� Concessionaire can recover their costs from fares<br />
and other such sources<br />
� The concessionaire has a high level of control over<br />
their costs and revenue<br />
� Where there the concessionaire has the potential<br />
for major property development<br />
� The government can accept limited policy control<br />
over the MRT line for the duration of the<br />
Gross cost concession<br />
� Best suited where � Best suited where<br />
concession<br />
� The government wishes a form of contract that<br />
requires only limited oversight<br />
47<br />
est su ted ee<br />
� Concessionaire cannot recover costs from their<br />
own revenue sources<br />
� The concessionaire has only a limited level of<br />
control over their costs and revenue, such as a<br />
single line in an MRT system<br />
� The government wishes to retain policy control<br />
over the MRT system<br />
� The government has the capacity to manage a<br />
performance based contract<br />
Conclusion: To give the government policy control and to take account of low cost recovery and limited<br />
property development opportunities in HCMC, a gross cost form of concession is strongly recommended.<br />
6 March 2008<br />
Putting it together ‐ four possible concession approaches<br />
Delivery of:<br />
Civil Infrastructure and Fixed<br />
Equipment<br />
Trains, train control and<br />
communications and depot<br />
equipment<br />
Train services and<br />
infrastructure maintenance<br />
Risk Transfer<br />
Public<br />
Enterprise<br />
Public Implementation with<br />
Operating Concession (PIOC)<br />
48<br />
Train Supply and Operating<br />
Concession (TSOC)<br />
Delivered through competitively tendered contracts to the government.<br />
Delivered through competitively tendered contracts to the<br />
government.<br />
d Contract negotiated d with h an SOE. Competitively l tendered d d Gross<br />
Cost contract.<br />
Transfer of risk from the<br />
government is limited to the<br />
extent allowed in construction<br />
and equipment supply contracts.<br />
The government retains risk<br />
associated with operations<br />
through its ownership of the<br />
operator.<br />
As for the Public Enterprise<br />
option but can transfer operating<br />
risk to the concessionaire. Some<br />
patronage risk can be transferred<br />
through the Gross Cost<br />
concession. The government<br />
retains operating risk related to<br />
mismatch between trains it<br />
provides and concessionaire<br />
needs.<br />
Delivered through a competitive<br />
tendered Gross Gross Cost Cost concession.<br />
The government transfers more<br />
risk to the concessionaire than in<br />
the PIOC option because the<br />
concessionaire purchases trains<br />
and can therefore bear more risk<br />
for operations because they have<br />
more control over service quality.<br />
Build, Operate & Transfer<br />
(BOT)<br />
Delivered through competitively<br />
tendered Net Cost contract to the<br />
government.<br />
Transfers the greatest amount of<br />
risk from the government, but<br />
the government loses flexibility<br />
for change in policy and for<br />
public transport network<br />
integration.<br />
Finance<br />
Civil Infrastructure and Fixed<br />
Capital provided by the government government. Capital provided by the<br />
Capital provided by the<br />
Equipment<br />
government.<br />
concessionaire. The government<br />
Trains and Train Control and<br />
Capital provided by the government.<br />
will need to pay for costs as<br />
Capital provided by the<br />
Communications Equipment<br />
specified in the contract (to cover<br />
concessionaire. The government<br />
both capital and O&M costs net<br />
Train services and<br />
The government pays all costs The government pays for pays for costs as specified in the<br />
of fare revenue, where fare<br />
infrastructure maintenance incurred by the SOE, including operating and maintenance costs contract (to cover both capital<br />
revenue will be much less than<br />
working capital<br />
as specified in the contract. and O&M costs).<br />
the costs).<br />
Fare revenue The government retains fare and<br />
Fare revenue accrues to the government. Concessionaire retains fare and<br />
other revenue (or pays SOE the<br />
difference between costs and<br />
revenue if the SOE retains the<br />
revenue).<br />
other revenue.<br />
6 March 2008
Indicative assessment of concession options*<br />
Criteria Public<br />
Enterprise<br />
49<br />
Public Implementation<br />
with Operating<br />
Concession (PIOC)<br />
Train Supply and<br />
Operating Concession<br />
(TSOC)<br />
Build, Operate &<br />
Transfer<br />
(BOT)**<br />
<strong>System</strong> Integration<br />
Minimize capital and operating costs � �� ��� ��<br />
Provide integrated MRT system for<br />
passengers<br />
Policy Flexibility for the Government<br />
��� �� ��� �<br />
Ability for the government to<br />
modify MRT system<br />
Risk Transfer from the Government<br />
��� �� �� �<br />
Infrastructure supply risk � �� �� ���<br />
Operating risk � �� �� ���<br />
Patronage risk � � �� ���<br />
Management of Operating Concession by the Government<br />
Firm contractual basis for<br />
operations<br />
�� �� ��� ��� ��� ��� ��� ���<br />
Ease of concession management ��� �� �� ��<br />
Incentive for contractor/concessionaire<br />
to do the thing right<br />
Potential Value-for-Money<br />
Allowing for risk transfer, associated<br />
� �� ��� ��<br />
risk premiums and the cost of<br />
capital<br />
� ��� ���� ��*<br />
* It is currently planned to subject all options to a full financial value-for-money analysis. The present analysis is intended to be indicative.<br />
** The BOT option may allow moderate value-for-money, but does not provide the government with the flexibility to meet other public interests.<br />
6 March 2008<br />
Further information on two key approaches to<br />
Project implementation<br />
50<br />
Public Enterprise Model Private Sector Participation Model (TSOC)<br />
Implementation of:<br />
• Civil infrastructure &<br />
Delivered through competitively<br />
fixed equipment DDelivered li d th through h competitively titi l<br />
tendered contracts with the government<br />
government.<br />
• Trains and train<br />
control equipment<br />
• Train services &<br />
infrastructure maint.<br />
Risk transfer<br />
tendered contracts to the government.<br />
A state owned enterprise is established and a<br />
concession negotiated with it.<br />
Delivered through a competitively<br />
tendered concession contract between<br />
a concessionaire and the government.<br />
Transfer of risk from the government is limited<br />
to the extent allowed in construction and<br />
equipment supply contracts.<br />
SSource of f finance fi ffor project j t iimplementation l t ti<br />
• Civil infrastructure &<br />
fixed equipment Capital provided by government<br />
• Trains and train<br />
through grants and loans.<br />
control equipment<br />
• Train services &<br />
infrastructure maint.<br />
The government pays for O&M costs<br />
as specified in the contract.<br />
Fare revenue Fare revenue accrues to the government.<br />
The government can transfer some project<br />
integration risk, most operating risk and some<br />
patronage risk to the concessionaire.<br />
Capital provided by government<br />
through grants and loans.<br />
Capital provided by the concessionaire.<br />
The government makes payments to the<br />
concessionaire to cover both capital<br />
and O&M costs.<br />
6 March 2008
Recommended features of a private sector<br />
participation model –payment arrangements<br />
� Payment from the government to the concessionaire<br />
51<br />
� Primarily related to the quantity of service and assets provided by the concessionaire, but also<br />
linked to the quality of service and to patronage<br />
� Patronage and service quality related payment should transfer manageable risk to the<br />
concessionaire and incentivize them to provide high quality services<br />
� Allows for cost escalation<br />
� May need separate escalation for energy, labor and other items<br />
� Allows for anticipated and unexpected transport developments<br />
� Unit costs to pay for variations that might occur, e.g. line extensions and changes in MRT<br />
services and other public p transport p services<br />
� Concession management<br />
� In addition to providing the incentive for concessionaires to minimize costs and meet<br />
passenger needs, transferring appropriate risk has the benefit of<br />
− Reducing supervision needs by incentivizing the concessionaire to perform well without the need for<br />
direct government supervision<br />
52<br />
6 March 2008<br />
Payment structure for a gross cost operating concession<br />
� Contract payment could be equal to the sum of the following<br />
� two components that cover the cost of providing agreed services:<br />
− a fixed payment (F) for a given quantity of service (which could include a payment to cover the cost of<br />
assets provided by the concessionaire such as trains, or these could be paid as a separate item); plus<br />
− a demand, i.e. patronage‐related, payment (D); plus<br />
� a service variable component (S) to allow for changes in the quantity of service that might be<br />
required over time; plus<br />
� a bonus payment (B) if to reward performance in excess of an agreed level; less<br />
� a penalty (P) for inadequate performance against agreed criteria; less<br />
� additional revenue (O) that the concessionaire might be able to generate from non‐<br />
operational activities activities, eg e.g. from property development development, advertising advertising, etc etc.<br />
� Total payment = F + D + S + B ‐ P –O<br />
� For bidding<br />
� the government would specify D, B and P<br />
� tenderers would indicate F, S and O<br />
6 March 2008<br />
** March 2008
Summary of recommended approach<br />
with a private sector participation model<br />
Role of government Role of the private sector<br />
53<br />
�� Ensures design of infrastructure takes<br />
�� Private sector consortiums bid for<br />
account of operations<br />
operating concessions (including supply<br />
� Finance and manage implementation of of trains etc.) and a ticket/fare collection<br />
fixed infrastructure<br />
concession<br />
� Select operating concessionaire and ticket � Concessionaires coordinate with fixed<br />
supply and fare management concession infrastructure contractors to install their<br />
� Manage concessionaires and make<br />
respective assets<br />
payments according to their respective<br />
� Ticket/fare concessionaire pays fare<br />
contracts<br />
revenue to the government<br />
� Concessionaires provide services in<br />
accordance with their contracts and are<br />
paid accordingly by the government<br />
Part F<br />
54<br />
TEMPLATE OF A CONCESSION AGREEMENT<br />
AND STEPS TO IMPLEMENT A CONCESSION<br />
6 March 2008<br />
6 March 2008
Contents of a Concession Agreement ‐ 1<br />
� Part I: Introduction<br />
� Addresses general issues and the parties to the contract:<br />
− Name of the Agreement; Date of the Agreement; Parties to the Agreement; Preamble to<br />
the Agreement; Definitions; The Concession; MRT Network and Links; Coordination<br />
Committee; Representatives and Related Parties<br />
� Part II: Pre‐Service Activities<br />
� Addresses issues that are to occur prior to the operation of train services:<br />
− Conditions Precedent; Company <strong>System</strong>s; Pre‐Service Implementation; Protection Against<br />
Late Service Commencement;<br />
� Part III: Services to be Provided<br />
� Addresses the train and related services that the concessionaire is to provide:<br />
55<br />
− Initial Services; Standard of Services; Changes in the MRT <strong>System</strong>; Changes in MRT Services<br />
Contents of a Concession Agreement ‐ 2<br />
� Part IV: Finance and Insurance<br />
� Addresses general issues and the parties to the contract:<br />
56<br />
6 March 2008<br />
− Payment and Payment Mechanisms; Payment Escalation; Fare Policy and Revenue; Routine<br />
Non‐fare Revenue; Special Non‐fare Revenue; Refinancing; Taxes and Duties; Insurance;<br />
� Part V: Early Termination<br />
� Addresses issues that could result in early termination of the concession and<br />
treatment of the consequences of such early termination:<br />
− Conditions for Early Termination; Process of Termination; Consequences of Termination;<br />
� Part VI: Special Events<br />
� Addresses special events that could affect the concession:<br />
− Force Majeure and Exceptional Events; Consequences of Force Majeure and Exceptional<br />
Events; Power of government;<br />
6 March 2008
� Part VII: Assets<br />
Contents of a Concession Agreement ‐ 3<br />
57<br />
� Addresses issues related to assets provided by the government and concessionaires :<br />
− Civil Infrastructure; Assets of the Concessionaire; Asset Titles and Transfers; Lenders Direct<br />
Agreement; Asset Transfer Values;<br />
� Part VIII: Miscellaneous<br />
� Addresses remaining general contractual issues, e.g.:<br />
− Rights and Duties Transfer; Change of Ownership; Dispute Settlement and Resolution;<br />
Confidentiality; Change in Law; government Step‐In; Due Diligence Over Contracts and<br />
Financing Documents; Alternatives and Variants of Project Finance; Other Standard<br />
Provisions.<br />
� Establish a probity process<br />
Implementing a concession<br />
6 March 2008<br />
� To ensure transparency in the preparation and conduct of tendering, assessment of tenders,<br />
and contract negotiation<br />
� Use market testing to identify modifications that will increase market interest<br />
� Ensure that changes do not compromise public interest<br />
� Objective is to get good competition that should result in lower tender prices<br />
� Prepare Request for Tender<br />
� Clearly set out roles and responsibilities of the Authority and the concessionaire<br />
� Set out payment arrangements<br />
�� Indicate information to be provided by bidders<br />
� Require consistent information for a conforming tender<br />
� Encourage bidders to submit innovations as variations or alternatives to the conforming<br />
tender<br />
� Design tender evaluation process<br />
� Invite tenders<br />
58<br />
6 March 2008
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Appendix B: Financial Modeling Working Paper<br />
23
ASIAN DEVELOPMENT BANK AND PUBLIC PRIVATE INFRASTRUCTURE ADVISORY FACILITY<br />
RSC-C71557 (<strong>VIE</strong>),<br />
<strong>TA4862</strong>-<strong>VIE</strong>:<br />
<strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> –<br />
MRT FINANCIAL MODEL and VALUE FOR<br />
MONEY ANALYSIS<br />
Technical Paper<br />
July 2008
1. INTRODUCTION<br />
1.1 The PPIAF Technical Assistance<br />
1. ADB has mobilized a grant from the Public Private Infrastructure Advisory Facility<br />
(PPIAF) to review the options for private sector participation and public-private partnerships for<br />
the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC) <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> Project. The assignment is with a view to<br />
minimizing the costs on a risk-adjusted basis, optimizing institutional arrangements, and taking<br />
advantage of a market oriented approach to maximizing the benefits of the Project. This work<br />
supplements an ADB Project Preparatory Technical Assistance (PPTA) to advise HCMC<br />
People’s Committee on the integrated development of the first two MRT lines in HCMC.<br />
2. The objectives of the PPIAF study, which has been implemented in co-ordination with<br />
the PPTA work, are addressed in the following key study outputs: (i) a framework for<br />
considering private sector participation in implementation and operation of the Project; (ii) a<br />
value-for-money analysis for implementation approaches that involve varying degrees of private<br />
sector participation, (iii) a detailed financial model reflecting the preferred approach and<br />
measuring the performance of the project from the points of view of the government and<br />
private sector participants; and (iv) a stakeholder feedback and a description of necessary<br />
institutional and contractual arrangements given the preferred implementation approach.<br />
1.2 The present report<br />
3. Outputs (i) and (iv) are described in three companion working papers: Issues and<br />
Options for Private Sector Participation and Concession Template (“Issue and Options” paper);<br />
Stakeholder Feedback and Implementation Arrangements—Institutional Options; and Fares and<br />
Ticketing. The present report, the final of the series, describes study outputs (ii) a value-formoney<br />
analysis for implementation approaches that involve varying degrees of private sector<br />
participation, and (iii) a detailed financial model reflecting the preferred approach and measuring<br />
the performance of the project from the points of view of the government and private sector<br />
participants.<br />
4. A financial model for the HCMC MRT is provided along with the present report. The<br />
model has been developed keeping in view the following requirements. The financial model will:<br />
(i) present the financial projections from the perspectives of (a) the unit operating the HCMC<br />
project assets in a ring-fenced manner and (b) the government and potential private sector<br />
participants, international financing institutions (IFIs) or corporatized government participants<br />
involved in sponsoring the project; (ii) cover a period of about 30 years, the approximate lifecycle<br />
of rolling stock, a key operating asset; (iii) allow for easy entry of input data and include<br />
clear and detailed assumptions worksheets which may be modified easily to allow for data<br />
updating and the sensitivity testing of implementation schedule, capital and operating and<br />
maintenance cost, fare tariff and patronage; (iv) present projected financial statements (balance<br />
sheet, income and cash flow statements) for the HCMC operating unit and for potential private<br />
sector or corporatized government participants; and (v) to the extent possible, comment should<br />
be provided on the total cost and revenue, the bankability of the proposed MRT project and<br />
possible subsidy requirements, with necessary sensitivity analysis.<br />
5. The present working paper describes the model and its use in MRT network planning<br />
and project preparation. Using the model, a detailed analysis was made of the performance of<br />
the HCMC MRT project selected and planned under the PPTA. A report of the analysis appears
in the PPTA feasibility study final report. Again with the use of the model, section 3 of the<br />
present report presents a value-for-money analysis to determine the potential for the lowest cost<br />
among four major alternative approaches to project delivery and financing. The alternatives are:<br />
(i) a state owned enterprise or conventional public sector model where government takes all the<br />
responsibility and risk; (ii) government provides all the infrastructure and equipment, with a<br />
concession for operation and maintenance by the private sector; (iii) government provides fixed<br />
infrastructure but a private sector operator provides trains and train related equipment such as<br />
train control, signalling etc; and (iv) the private sector provides all the project assets in addition<br />
to providing operation and maintenance. The rationale for the alternatives is discussed in detail<br />
in the Issues and Options paper.<br />
1.3 Glossary<br />
6. In this paper certain words are used with a defined meaning indicated below.<br />
External support—payment by government towards the cost of an undertaking in which the<br />
compensation from direct beneficiaries is insufficient. This term is preferred to ‘subsidy’.<br />
‘External support’ a) highlights the interventional nature of the payment, and so raises the<br />
question of the goal and purpose of a public sector intervention, and b) is free of the popular<br />
connotation of inefficiency that surrounds the word ‘subsidy’.<br />
Finance—to finance an undertaking means to provide resources for use during a period of an<br />
earnings shortfall (or in the extreme case nil earnings), in the expectation and against a promise<br />
of repayment out of surplus cash earnings. Debt financing means a loan or a similar<br />
arrangement, involving a principal sum to be paid back with interest. Equity financing refers<br />
to money invested against expected compensation in the form of a dividend or capital<br />
appreciation.<br />
Financier—a party engaged in financing an undertaking for a risk-weighted compensation. The<br />
term financier can refer either to a creditor or an equity investor.<br />
Fund—to fund an undertaking means to pay for the cost of carrying it out. A private sector<br />
undertaking (eg a restaurant business) usually has its cost paid for by its direct beneficiaries (the<br />
diners). MRT is an example of an undertaking where, with very few exceptions, direct<br />
beneficiaries (principally the travellers) cannot afford to carry the whole of the funding.<br />
<strong>Ho</strong>wever the external or indirect social benefits are seen to be such that they are considered<br />
sufficient justification for external support.<br />
Private sector participation (PSP)—see under public-private partnership.<br />
Project—this word may be used in context to refer specifically to a line or a collection of lines in<br />
an MRT network.<br />
Public-private partnership (PPP)—an arrangement formalised in a legal agreement between<br />
government and a private sector entity for sharing the responsibility and risk in implementation<br />
and operation in a specific project. The private sector enters into the arrangement expecting to<br />
be compensated for its effort and risk; the government should do so in order to incur the least<br />
cost, risk taken into account, in comparison with alternative approaches to the undertaking (see<br />
value-for-money). The term PPP usually implies that a significant share of the project risk is<br />
borne by the private partner: it will be used in this sense throughout this report. In MRT, this<br />
level of risk sharing is usually demonstrated by the private sector operator financing eg the trains<br />
4
and related equipment, and being exposed to the project risk in doing so. In this paper an<br />
arrangement whereby the public sector provides financing for all infrastructure and equipment<br />
and the privates sector plays a pure operating role is not considered a PPP but is referred to by<br />
the more general term private sector participation (PSP).<br />
Value-for-money (VfM) analysis—an analysis to identify and compare from the perspective of<br />
the government on behalf of the community, the net cost, risk taken into account, of alternative<br />
ways of carrying out the key activities of design, construction and procurement, financing and<br />
operation. The alternative ways are distinguished by how the public and private sector share the<br />
responsibility and with that the risk in each key activity. The conventional public sector<br />
financing and delivery option is the one in which the public sector is wholly responsible and<br />
carries all the risk in the project. This alternative is sometimes called the Public Sector<br />
Comparator. The alternative indicated by the analysis to incur the least cost is said to be valuefor-money<br />
or VfM. Considerations relating to achieving VfM in MRT projects are also looked<br />
at in its qualitative aspects in the Issues and Options paper.<br />
2. FINANCIAL MODEL<br />
2.1 The aims of MRT financial modelling<br />
7. In the logical framework of MRT programme development and project design, two main<br />
aims in financial modelling can be distinguished.<br />
8. For MRT network development. The goal here is an effective and efficient MRT<br />
service network, among other qualities meeting the required net social benefits criteria 1 . The<br />
outcome is a strategic plan to develop an MRT network of this description, with indications of<br />
lines to be implemented, investment and operation phasing, and prospective requirement for<br />
external support.<br />
9. For MRT project preparation. The goal is an effective and efficient project, ie a line or<br />
a collection of lines in an optimised MRT service network, where preferably the project itself<br />
meets the required net social benefit criteria used to evaluate the whole network. The outcome<br />
is (i) a funding plan for an effective and efficient project, with identification for any prospective<br />
requirement for external support and its delivery; and (ii) a basic financing plan for the same<br />
project. Proceeding from this, the outcome of a value-for money (VfM) analysis is a<br />
combination of government and private sector involvement in project financing and delivery<br />
expected to incur the least cost to government. Where more than one level of government is<br />
involved in the project, the plans identify the role of each government in the financing and<br />
delivery and in sourcing the external support.<br />
2.2 The model<br />
10. The financial model developed under the present assignment is contained in two<br />
spreadsheets, each of which can be operated independently of the other. The first (the ‘strategy<br />
model’) is designed for use in HCMC MRT network development planning. The second (the<br />
‘project model’) is designed for use in Line 2 project preparation. They differ in detailed features<br />
reflecting the different intended impact and outcome as described in 2.1, but share the same<br />
basic logical structure.<br />
1 This evaluation is the subject of an economic analysis, which is addressed in the PPTA report.<br />
5
2.3 Model logical structure<br />
Figure 2.1. MRT financial model logical structure<br />
MRT network development plan; or<br />
Outcome project plans for investment, financing & funding<br />
(including external support)<br />
Performance indicators: eg FIRR, external support needs,<br />
Outputs operating/fare box ratio, credit ratios, investment yield rates etc<br />
Projected financial statements (balance sheet, income & cash flow )<br />
Calculations Revenue O&M Investment Financing<br />
model cost model model model<br />
Patronage Strategy Rolling stock Capital<br />
model inputs* capital cost structure<br />
Fare tariff<br />
Inputs Project Infrastructure Finance cost<br />
Non-fare model inputs* capital cost & other terms<br />
revenue<br />
Investment Financiers'<br />
External schedule roles<br />
support<br />
*Data vary depending on different method of O&M cost modelling used.<br />
Source: this Study<br />
11. The financial model has four core elements, namely a revenue model, an operating and<br />
maintenance (O&M) cost model, an investment model and a financing model. These four core<br />
elements receive input data and calculated outputs, such as pro forma financial statements and<br />
quantitative indicators of financial viability and operating performance for individual lines or<br />
collection lines in an MRT network option, or for a project scenario. The input data can vary<br />
according to the scenario being considered.<br />
12. For transparency and amenability to model audit, the model has been developed on a<br />
spreadsheet programme. The model makes use of the organizational and management tools<br />
available in the programme for greater user convenience. Among other things the model<br />
employs a system of colour-coding of cells and contents: (i) a data input cell is signalled by red<br />
font and yellow highlight; (ii) blue font signals active linkage to other places in the spreadsheet in<br />
one of two ways: through cell-naming, and under a book-marking hyperlink function (to enable a<br />
“jump” to the cell being bookmarked); (iii) the remaining cells are in the default font and cell<br />
colours. A ‘guide to the model’ page in the strategy model is shown in Table 2.1.<br />
2.4 Strategy model<br />
a. Strategy model input<br />
13. Overview. The Strategy model has to facilitate evaluation of strategy options (or<br />
scenarios) for MRT network development. This type of analysis can involve many different<br />
alternative sets of input data and assumptions, corresponding to the options being examined.<br />
The input sets comprise data on patronage, fare and non-fare revenue, operation and<br />
6
HCMC MRT Project<br />
Guide to Financial Model<br />
Notes: 11/06/08<br />
(1) Contents<br />
Table 2.1 Guide to the strategy model<br />
Worksheet Name: Description Function and/or contents:<br />
1_Control Control page To select required Scenario (segment combination) or line segment.<br />
2_Capital_cost_input Project Capital Cost: Input Page Project base capital cost input in year 2008 prices; by line segment, with break-up into<br />
land acquisition, depots, civil works, fixed electrical and mechanical systems,<br />
rollingstock.<br />
3_Scen_input Scenario: Input Page To define Scenarios and other segment combinations and input construction start and<br />
finish dates.<br />
4_Passenger_input Passenger Demand: Input Page Passenger demand input by segment and by Scenario/other segment combination, for<br />
the years 2011 and 2021. This includes daily passenger boarding, daily passenger<br />
kilometres, and peak passenger per hour per direction (pphd).<br />
5_Train_op_input Train Operation Parameters: Input<br />
Page<br />
6_Other _input Other Financial Model Assumptions:<br />
Input Page<br />
Input train operation parameters (e.g. line length, number of stations, capacity per car,<br />
spare rollingstock, peak, off-peak operating hours, headway etc).<br />
Assumptions for the financial model other than those covered by the above input pages.<br />
This includes a selection of concessioning options.<br />
7_ INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK<br />
8_Schedule Construction Schedule and Cost<br />
Distribution Worksheet<br />
Worksheet outputting annual distribution of project capital cost<br />
9_Rollingstock_plan Rollingstock Capacity Plan Rollingstock capacity plan<br />
10_OM_cost Annual O&M Cost Calculation of annual O&M cost<br />
11_OM_unit_cost O&M Cost Model Model of O&M unit cost by MRT resource<br />
12_Financials Main Financial Model Work sheet Proforma financial statements (income statement, statement of cash flow, and balance<br />
sheet) with supporting schedules, return on investment calculations and other analytical<br />
results.<br />
13_Results Summary of Results Summary of investment and financial plans and return on investment and other key<br />
results.<br />
14_Sensitivity Sensitivity Analysis Worksheet This worksheet collects the results of sensitivity tests. Note (4) of this Guide explains<br />
how to carry out a sensitivity test.<br />
15_Tables Summary of Tables Tables containing highlights of the financial analysis<br />
16_Index Index Aid to spreadsheet search. Index gives name box reference(s).<br />
Source: this Study<br />
maintenance (O&M) cost, investment cost for infrastructure (ie civil works and related electrical<br />
and mechanical (E&M) equipment and fixtures) and for trains and train-related E&M. The<br />
model has separate data input page(s) organised with this need in mind. Furthermore, an O&M<br />
cost model which derives annual cost from quanta of parameters recognised as having influence<br />
on O&M cost, and a standard cost rate per unit of parameter quantum, is sued to generate the<br />
O&M cost data for the strategy model. The model structure accommodates and accepts<br />
alternative project implementation schedules and disbursement plans; downstream incremental<br />
investment in the rolling stock fleet and other equipment; and renewal capital spending (ie<br />
refurbishment and other major periodic maintenance, and replacement of life-expired<br />
equipment). The model has a study time horizon beyond the construction period of 25 years<br />
during which an individual segment of the MRT network is serving passengers. The strategy<br />
model is also designed, given appropriate input data, to generate output for the VfM analysis.<br />
Taking all into account, other required parameters include cost of capital, economic life cycles<br />
and depreciation periods by category of assets, price escalation factor, parameters relating to<br />
concession payment structure etc.<br />
14. Specific input information.<br />
Scenarios. Scenarios are defined in the worksheet “3. Scen_input” in terms of MRT line<br />
segments they contain, by the presence of the digit “1” against the selected segments. The same<br />
7
page also contains input data for line lengths and date of start and completion of the<br />
construction period. See Table 2.2 for illustration.<br />
HCMC MRT Project<br />
Scenario: Input Page<br />
Line/Segments<br />
Table 2.2 Scenarios samples<br />
Scenario 9 Scenario 10 HCMC MRT Trend Case<br />
Selected Construction Selected Construction Selected Construction<br />
Segments Length<br />
(km)<br />
Start End Segments Length<br />
(km)<br />
Start End Segments Length<br />
(km)<br />
Start End<br />
MRT1 : Ben Thanh - Suoi Tien 1 MRT1 19.7 2008 2013 1 MRT1 19.7 2008 2013 1 MRT1 19.7 2008 2013<br />
MRT2 : Ben Thanh - Thamluang 1 MRT2 10.2 2010 2015 1 MRT2 10.2 2010 2015 1 MRT2 10.2 2010 2015<br />
MRT3 : Highway13 - Tan Kien 1 MRT3 24.0 2010 2015 1 MRT3 24.0 2010 2015 1 MRT3 24.0 2010 2015<br />
MRT4 : Sai Gon Bridge - Can Giuoc 1 MRT4 17.0 2010 2015 1 MRT4 17.0 2010 2015 1 MRT4 17.0 2010 2015<br />
MRT5 : Ben Cat - Nguyen Van Linh 1 MRT5 24.0 2010 2015 1 MRT5 24.0 2021 2024<br />
MRT6 : Ba Queo - Phu Lam 1 MRT6 6.0 2021 2024<br />
Source: this Study<br />
Capital cost and implementation schedules—initial capital investment. The input data on<br />
estimated base capital cost are in five categories: land acquisition and resettlement, civil works,<br />
depot, E&M systems, and rolling stock. These are input into the worksheet “2.<br />
Capital_cost_input”. See Table 2.3. The capital cost estimate for rollingstock investment is<br />
dependent on a rollingstock capacity plan, which is aimed at meeting the requirement of the<br />
anticipated peak-hour demand, when passenger traffic is at a maximum. The capacity plan is<br />
worked out in the worksheet named “9_Rollingstock_plan” using train operation parameters<br />
from the page “5_Train_op_input”.<br />
HCMC MRT Project<br />
Project Capital Cost: Input Page<br />
(USD million, at year 2008 prices) (excluding rollingstock)<br />
Segment<br />
Code<br />
Line/Segment<br />
Total Capital<br />
Costs<br />
Table 2.3 Base capital cost estimate<br />
Local Foreign<br />
Land acquisition Depots Civil works E&M systems<br />
Local Foreign Local Foreign Local Foreign Local Foreign<br />
MRT1 Ben Thanh - Suoi Tien 1,115 680 435 111 - 45 67 507 273 17 95<br />
MRT2 Ben Thanh - Thamluang 871 515 356 125 - 25 35 351 251 14 70<br />
MRT3 Highway13 - Tan Kien 1,876 1,097 779 188 - - - 854 460 56 319<br />
MRT4 Sai Gon Bridge - Can 813 496 317 81 - 33 49 370 199 12 69<br />
Giuoc<br />
MRT5 Ben Cat - Nguyen Van Linh 1,148 701 448 115 - 46 69 523 281 17 98<br />
MRT6 Ba Queo - Phu Lam 287 175 112 29 - 11 17 131 70 4 24<br />
Source: this Study<br />
Using construction dates data from the worksheet 3_Scen_input, the allocation of initial base<br />
capital cost to estimated annual disbursements appears in the worksheet “8_Schedule”, as shown<br />
in Table 2.4.<br />
Capital cost and implementation schedule—subsequent capital investment. The model<br />
calculates from the initial capital cost data the required subsequent investment, such as additions<br />
to the rolling stock fleet, and replacement or major refurbishment of exhausted assets.<br />
Capital cost and implementation schedule—downstream capital cost. The downstream<br />
costs, including project management consulting and project development cost, price escalation<br />
8
and interest during construction, are calculated in the model using data and parameters in the<br />
worksheet “6_Other_input”.<br />
Table 2.4 Base capital cost estimate<br />
HCMC MRT Project (USD million, at year 2008 prices)<br />
Construction Schedule and Cost Distribution Worksheet (excluding rollingstock)<br />
Case: 11 HCMC MRT Trend Case<br />
Sub-case: 0 All line segments in HCMC MRT Trend Case<br />
Segment<br />
Code<br />
Line/Segment<br />
Length<br />
(km)<br />
Construction<br />
Start End<br />
Year<br />
2007 2008 2009 2010 2011 2012 2013 2014 2015<br />
MRT1 Ben Thanh - Suoi Tien 19.7 2008 2013 - 111 167 334 334 111 56 - -<br />
MRT2 Ben Thanh - Thamluang 10.2 2010 2015 - - - 87 131 261 261 87 44<br />
MRT3 Highway13 - Tan Kien 24.0 2010 2015 - - - 188 281 563 563 188 94<br />
MRT4 Sai Gon Bridge - Can Giuoc 17.0 2010 2015 - - - 81 122 244 244 81 41<br />
MRT5 Ben Cat - Nguyen Van Linh 24.0 2021 2024 - - - - - - - - -<br />
MRT6 Ba Queo - Phu Lam 6.0 2021 2024 - - - - - - - - -<br />
Source: this Study<br />
Patronage. Data are input at the page “4.Passenger_input”. The current data on this page<br />
come from the Trend Case of the Master Plan Study 2 , except for Line 2, which uses the most<br />
recent update for the PPTA study.<br />
Table 2.5 Train operation parameters<br />
HCMC MRT Project Case: 11 HCMC MRT Trend Case<br />
Train Operation Parameters: Input Page<br />
Subcase:<br />
0<br />
All line segments in HCMC MRT Trend<br />
Case<br />
Train system resources Train operation<br />
Line Length (km)<br />
Elevated<br />
Under<br />
Total<br />
& atground<br />
Grade<br />
% of UG<br />
to total<br />
line<br />
length<br />
(%)<br />
No. of Stations<br />
Elevated<br />
Under<br />
& at- Total<br />
ground<br />
Grade<br />
Avg.<br />
speed<br />
(km/h)<br />
2015<br />
Headway Car/train<br />
(min) (cars/train)<br />
MRT1 : Ben Thanh - Suoi Tien 19.70 2.60 17.10 13% 3 11 14 30 3.0 6<br />
MRT2 : Ben Thanh - Thamluang 10.24 8.46 1.78 83% 8 - 8 30 5.0 3<br />
MRT3 : Highway13 - Tan Kien 24.00 11.00 13.00 46% 11 7 18 30 3.0 3<br />
MRT4 : Sai Gon Bridge - Can Giuoc 17.00 - 17.00 0% - 14 14 30 3.0 3<br />
MRT5 : Ben Cat - Nguyen Van Linh 24.00 - 24.00 0% - 26 26 30 3.0 3<br />
MRT6 : Ba Queo - Phu Lam 6.00 - 6.00 0% - 7 7 30 3.0 3<br />
Spare 1 : n/a - n/a - - 0.00 0% - - 0 0 - 3<br />
Spare 2 : n/a - n/a - - 0.00 0% - - 0 0 - 3<br />
Total 100.94 22.06 78.88 22 65 87<br />
Off-peak-hour headway 1.49 times peak headway<br />
Total week-day operating hours (05:00 -<br />
24:00)<br />
19.00 hours / day<br />
Operation hours (peak) 4.50 hours / day<br />
Operation hours (off-peak) 14.50 hours / day<br />
Week-end & holiday operating hours<br />
Source: this Study<br />
19.00 hours / day (assuming service on week-end & holiday will be as all day off-peak, with no peak<br />
hours)<br />
Train operation parameters. Parameter inputs in worksheet “5_Train_op_input”, together<br />
with the patronage data, influence the rolling stock capacity plan and the operating and<br />
infrastructure resources required for delivery of an MRT service. These in turn generate the<br />
2 See PPTA technical paper HCMC Master Plan Ridership and Revenue Forecast Study, January 2008, by MVA-<br />
Systra.<br />
9
additional rolling stock investment and the ultimately the operating and maintenance recurrent<br />
cost. A section of the worksheet 5_Train_op_input appears in Table 2.5.<br />
Unit operation and maintenance cost, by MRT service resource. For the strategy model, in<br />
order to project O&M cost for projects while dispensing with the need for detailed estimates of<br />
energy consumption, manpower planning etc, a model of the unit O&M cost for each of six<br />
MRT service resources is used. The O&M cost model 3 is shown in Table 2.6. The model unit<br />
costs are given for each of two limiting cases, namely: a) a pure underground line and b) a line<br />
with an all elevated or at grade vertical alignment. The higher average cost per train-hour for an<br />
underground line is largely accounted for by a need for greater security-related spending on<br />
manpower and insurance. At the same time air-conditioning (a non-tractive power requirement)<br />
is largely responsible for the greater unit cost per underground station. For lines with a mix of<br />
vertical alignments, the two unit costs are modelled as a weighted average of the two limiting<br />
cases. The model unit costs reflect the best judgement of current operating costs for the<br />
Bangkok operating MRT systems 4 , adjusted for the lower Vietnamese labour cost for station<br />
Table 2.6 O&M cost model<br />
HCMC MRT Project<br />
O&M Cost Model<br />
Description of cost Distribution of cost<br />
Resource Train- hours Car- hours Car- km Peak cars Station Line Length Total<br />
Unit (m hrs./year) (m hrs./year) (m km./year) (traincars) (stations) (km.)<br />
Manpower - Train drivers 100% 100%<br />
Manpower - Other operatives 100% 100%<br />
Manpower - Station staff (incl. security) 100% 100%<br />
Energy - Traction power 67% 33% 100%<br />
Energy - Other power (Depot, stations, and others) 10% 10% 80% 100%<br />
Other service operations - Control room staff 100% 100%<br />
Other service operations - Coin handling 50% 50% 100%<br />
Other service operations - Shuttle bus service 100% 100%<br />
Repair and maintenance - Management staff 50% 20% 30% 100%<br />
Repair and maintenance - Maintenance contract 50% 50% 100%<br />
Admin. and general - Divisional HO staff 25% 75% 100%<br />
Admin. and general - Utilities and others (incl. Marketing) 25% 75% 100%<br />
Admin. and general - Insurance 25% 25% 25% 25% 100%<br />
Trainhours<br />
Car- hours Car- km Peak cars Station Line Length<br />
(X1) (X2) (X3) (X4) (X5) (X6)<br />
Y(O&M cost) = a1X1 + a2X2 + a3X3 + a4X4 + a5X5 + a6X6<br />
Coefficient values (2008 USD ')<br />
a1 a2 a3 a4 a5 a6<br />
Elevated and at-grade (EL & G) 37.9 44.8 1.4 0.1 m 0.3 m 0.003 m<br />
Underground (UG) 48.2 44.8 1.4 0.1 m 0.9 m 0.003 m<br />
Source: this Study<br />
security staff and other position not requiring specific MRT skills. The annual O&M cost is<br />
obtained by summing the six products a iX i (i=1,..,6) of unit cost and annual MRT service<br />
resource quantity.<br />
3 The idea of the O&M unit cost model comes from ADB 2006<br />
4 Bangkok Mass Rapid Transit Public Company (BTS) operates a wholly elevated system, Bangkok <strong>Metro</strong> Public<br />
Company (BMCL) a wholly underground transit. Both are private sector organizations.<br />
10
Other parameters. Model parameters beside the MRT-specific information input such as<br />
patronage and capital and O&M costs are located in worksheet 6_Other_input. These<br />
parameters include an annual price escalation factor of 5%, and parameters relating to alternative<br />
concession forms, costs of different types of capital (eg loan and equity), for both public and<br />
private sector. The parameters determining the concessionaire’s remuneration are intended to<br />
simplify its modelling. With the Gross Cost Concession, for example, in which the<br />
concessionaire’s charge to the government may be structured to remunerate delivered service<br />
quality, which bears on patronage levels, as well to provide available quanta of MRT operating<br />
resources, and perform maintenance, the contract fee may be designed to vary eg with both the<br />
quanta of passenger-kms and car-kms. For simplicity of treatment this is done in the model by<br />
specifying a “unit charge generator” as a single number. This in conjunction with an input<br />
percentage split generates one unit charge to be applied to passenger-kms and another one to<br />
car-kms to calculate the concessionaire’s annual charge revenue. In actual practice design of<br />
concession payment schemes in MRT and generally in public transport is a complex subject in<br />
which governments should seek specialist technical advice.<br />
b. Strategy model output<br />
Table 2.7 Public sector project entity projected financial statements<br />
HCMC MRT Project<br />
Financial Projections Case: 11 HCMC MRT Trend<br />
Case<br />
11/06/08 Sub- 0 All line segments in HCMC MRT<br />
(In USD million unless<br />
otherwise indicated)<br />
case:<br />
Gross<br />
Cost<br />
Trend Case<br />
Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
Public sector 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
FINANCIAL STATEMENTS<br />
INCOME STATEMENT<br />
Revenue<br />
Fare revenue 1 - - - - - - - 24 28 92 106 124 143 166<br />
Non-fare revenue - - - - - - - 1 1 5 5 6 7 8<br />
Concession fee - - - - - - - - - - - - - -<br />
Total revenue<br />
Expense<br />
- - - - - - - 25 30 96 112 130 151 175<br />
Unit charge generator 1 - - - - - - - 90 173 207 227 250 276 305<br />
expense<br />
Pure O&M cost 0 - - - - - - - - - - - - - -<br />
Revenue-related cost 1 - - - - - - - 3 3 8 8 9 10 10<br />
Total expense - - - - - - - 93 177 214 236 259 286 315<br />
Gross earnings - - - - - - - (68) (147) (118) (124) (130) (135) (140)<br />
Less: Depreciation and<br />
amortization<br />
- - - - - - - 151 180 211 211 213 215 216<br />
Earnings before interest and<br />
tax<br />
- - - - - - - (219) (327) (329) (335) (342) (350) (357)<br />
Less: Interest expenses - - - - - - - 136 136 131 125 120 114 109<br />
Less: Installment paid by Gov.(interest<br />
- - - - - - - - - - - - - -<br />
portion)<br />
Profit before tax - - - - - - - (355) (463) (460) (460) (462) (464) (465)<br />
Less: Corporate tax 0% - - - - - - - - - - - - - -<br />
Net profit after tax - - - - - - - (355) (463) (460) (460) (462) (464) (465)<br />
Earning before interest, tax,<br />
depreciation (EBITDA)<br />
-<br />
-<br />
-<br />
-<br />
-<br />
-<br />
-<br />
(68)<br />
(147)<br />
(118)<br />
(124)<br />
(130)<br />
(135) (140)<br />
11
Table 2.7 (Cont’d)<br />
HCMC MRT Project<br />
Financial Projections Case: 11 HCMC MRT Trend Case<br />
11/06/08 Subcase:<br />
0 All line segments in HCMC MRT Trend Case<br />
(In USD million unless<br />
Gross Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
otherwise indicated)<br />
Cost<br />
Public sector 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
FINANCIAL STATEMENTS<br />
BALANCE SHEET<br />
Assets<br />
Current assets<br />
Cash and short-term<br />
investments<br />
- - - - - - - (204) (679) (1,124) (1,575) (2,032) (2,495) (2,963)<br />
Accounts receivable - - - - - - - - - - - - - -<br />
Total current assets - - - - - - - (204) (679) (1,124) (1,575) (2,032) (2,495) (2,963)<br />
Operating assets - 117 301 1,101 2,156 3,662 5,556 6,558 7,551 7,551 7,602 7,656 7,712 7,712<br />
Less : Accumulated<br />
depreciation<br />
- - - - - - - (141) (311) (513) (714) (917) (1,121) (1,328)<br />
Net operating assets - 117 301 1,101 2,156 3,662 5,556 6,416 7,240 7,038 6,888 6,739 6,591 6,384<br />
Net capitalized expenses - 1 7 24 64 135 248 238 228 218 208 198 188 178<br />
Total Assets - 118 308 1,124 2,220 3,797 5,803 6,450 6,789 6,132 5,521 4,905 4,284 3,600<br />
Liabilities & Equity<br />
Liabilities<br />
Current liabilities<br />
A/C payable and current<br />
liabilities<br />
0 0 0 0 0 0 0 0 0 0 0 0 0 0<br />
- - - - - - - - - - - - - -<br />
Long-term debts<br />
Long-term loans - 105 271 991 1,941 3,296 5,000 5,000 4,809 4,612 4,410 4,202 3,989 3,770<br />
Government Bonds - - - - - - - - - - - - - -<br />
Total long-term debts - 105 271 991 1,941 3,296 5,000 5,000 4,809 4,612 4,410 4,202 3,989 3,770<br />
Other liabilities - Installment - payables - - - - - - - - - - - - - -<br />
Total liabilities - 105 271 991 1,941 3,296 5,000 5,000 4,809 4,612 4,410 4,202 3,989 3,770<br />
Equity<br />
Government equity - 13 37 134 279 501 803 1,805 2,799 2,799 2,850 2,904 2,960 2,960<br />
Retained earnings - - - - - - - (355) (818) (1,278) (1,739) (2,201) (2,665) (3,130)<br />
Total equity - 13 37 134 279 501 803 1,450 1,980 1,520 1,111 703 295 (170)<br />
Total liabilities & equity - 118 308 1,124 2,220 3,797 5,803 6,450 6,789 6,132 5,521 4,905 4,284 3,600<br />
12
Table 2.7 (Cont’d)<br />
HCMC MRT Project<br />
Financial<br />
Projections<br />
Case: 11 HCMC MRT Trend Case<br />
11/06/08 Sub- 0 All line segments in HCMC MRT Trend Case<br />
(In USD million unless<br />
otherwise indicated)<br />
case:<br />
Gross<br />
Cost<br />
Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
Public sector 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
FINANCIAL STATEMENTS<br />
STATEMENT OF<br />
CASH FLOW<br />
NPV Total<br />
Earnings before<br />
interest and tax<br />
- - - - - - - (219) (327) (329) (335) (342) (350) (357)<br />
Less: corporate tax - - - - - - - - - - - - - -<br />
Add: depreciation and<br />
amortization<br />
- - - - - - - 151 180 211 211 213 215 216<br />
Cash flow before<br />
capital requirements<br />
(2,204) - - - - - - - (68) (147) (118) (124) (130) (135) (140)<br />
Less: Installment -<br />
principal portion<br />
0 0 - - - - - - - - - - - - - -<br />
Movement in working<br />
capital<br />
- - - - - - - - - - - - - -<br />
Capital expenditures NPV Total<br />
Rollingstock 289 387 - - - - - - 387 - - - - - - -<br />
Civil works 2,893 3,610 - 82 129 558 737 1,052 1,052 - - - - - - -<br />
E&M systems 539 673 - 15 24 104 137 196 196 - - - - - - -<br />
Land acquisition 440 549 - 12 20 85 112 160 160 - - - - - - -<br />
Depots 269 335 - 8 12 52 69 98 98 - - - - - - -<br />
Total initial capital<br />
expenditure<br />
4,430 5,556 - 117 184 799 1,056 1,506 1,894 - - - - - - -<br />
Interest during<br />
construction<br />
194 248 - 1 5 17 40 71 113 - - - - - - -<br />
Additional rollingstock 3,191 6,763 - - - - - - - 501 730 - 51 54 56 -<br />
Refurbishment of<br />
rollingstock<br />
238 756 - - - - - - - - - - - - - -<br />
Replacement of E&M<br />
equipment<br />
777 2,350 - - - - - - - - - - - - - -<br />
Additional land<br />
acquisition<br />
209 408 - - - - - - - 53 28 - - - - -<br />
Additional depots 128 249 - - - - - - - 33 17 - - - - -<br />
Additional civil works 1,376 2,682 - - - - - - - 350 184 - - - - -<br />
Additional E&M<br />
equipment<br />
257 500 - - - - - - - 65 34 - - - - -<br />
Total capital<br />
expenditures<br />
10,800 19,511 - 118 189 816 1,096 1,577 2,006 1,002 994 - 51 54 56 -<br />
Free cash flow<br />
Debt service:<br />
(13,004) (25,743) - (118) (189) (816) (1,096) (1,577) (2,006) (1,070) (1,140) (118) (175) (183) (192) (140)<br />
Interest paid - - - - - - - 136 136 131 125 120 114 109<br />
Debt principal<br />
repayment<br />
- - - - - - - - 191 197 202 207 213 219<br />
Total debt service - - - - - - - 136 327 327 327 327 327 327<br />
Less: Installment -<br />
interest portion<br />
- - - - - - - - - - - - - -<br />
Cash flow after debt<br />
service<br />
- (118) (189) (816) (1,096) (1,577) (2,006) (1,206) (1,468) (445) (503) (511) (519) (468)<br />
Cash shortfall<br />
funded by:<br />
Initial Total<br />
Long-term loans 5,000 5,000 - 105 166 719 950 1,355 1,704 - - - - - - -<br />
Government Bonds 0 0 - - - - - - - - - - - - - -<br />
Government cash<br />
support<br />
803 14,511 - 13 24 97 145 222 302 1,002 994 - 51 54 56 -<br />
Total funding 19,511 - 118 189 816 1,096 1,577 2,006 1,002 994 - 51 54 56 -<br />
Net cash flow - - - - - - - (204) (474) (445) (451) (457) (463) (468)<br />
Cash balance - - - - - - - (204) (679) (1,124) (1,575) (2,032) (2,495) (2,963)<br />
Source: this Study<br />
13
Table 2.8 Private sector project entity projected financial statements<br />
HCMC MRT Project<br />
Financial Projections Case: 11 HCMC MRT Trend Case<br />
11/06/08 Subcase:<br />
0 All line segments in HCMC MRT Trend Case<br />
(In USD million unless<br />
Gross Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
otherwise indicated)<br />
Cost<br />
Private Sector<br />
FINANCIAL STATEMENTS<br />
INCOME STATEMENT<br />
Revenue<br />
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
Fare revenue - - - - - - - - - - - - - -<br />
Non-fare revenue - - - - - - - - - - - - - -<br />
Unit charge generator<br />
revenue<br />
- - - - - - - 90 173 207 227 250 276 305<br />
Total revenue - - - - - - - 90 173 207 227 250 276 305<br />
Less: Concession fee - - - - - - - - - - - - - -<br />
Operating revenue after<br />
concession fee<br />
- - - - - - - 90 173 207 227 250 276 305<br />
Operating and Maintenance<br />
cost<br />
- - 101 126 235 255 276 300 325<br />
Pure O&M cost 1 - - - - - - - 101 126 235 255 276 300 325<br />
Revenue-related cost 0 - - - - - - - - - - - - - -<br />
Gross earnings - - - - - - - (11) 47 (28) (27) (25) (24) (21)<br />
Less: Depreciation and<br />
amortization<br />
- - - - - - - - - - - - - -<br />
Earnings before interest and<br />
tax<br />
- - - - - - - (11) 47 (28) (27) (25) (24) (21)<br />
Less: Interest expenses - - - - - - - - - - - - - -<br />
Add: Installment paid by Gov.(interest<br />
portion)<br />
- - - - - - - - - - - - - -<br />
Profit before tax - - - - - - - (11) 47 (28) (27) (25) (24) (21)<br />
Less: Corporate tax 28% - - - - - - - - 10 - - - - -<br />
Add: Subsidy - - - - - - - - - - - - - -<br />
Net profit after tax - - - - - - - (11) 37 (28) (27) (25) (24) (21)<br />
Earning before interest, tax,<br />
depreciation (EBITDA)<br />
- - - - - - - (11) 47 (28) (27) (25) (24) (21)<br />
14
Table 2.8 (Cont’d)<br />
HCMC MRT Project<br />
Financial Projections Case: 11 HCMC MRT Trend Case<br />
11/06/08 Subcase:<br />
0 All line segments in HCMC MRT Trend Case<br />
(In USD million unless<br />
Gross Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
otherwise indicated)<br />
Cost<br />
Private Sector<br />
FINANCIAL STATEMENTS<br />
BALANCE SHEET<br />
Assets<br />
Current assets<br />
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
Cash and short-term<br />
investments<br />
- - - - - - 62 51 116 115 113 111 108 104<br />
Accounts receivable 0.00% - - - - - - - - - - - - - -<br />
Inventory 0.00% - - - - - - - - - - - - - -<br />
Total current assets - - - - - - 62 51 116 115 113 111 108 104<br />
Other assets - Installment - Receivables (net) - - - - - - - - - - - - - -<br />
Operating assets - - - - - - - - - - - - - -<br />
Less : Accumulated<br />
- - - - - - - - - - - - - -<br />
depreciation<br />
Net operating assets - - - - - - - - - - - - - -<br />
Net capitalized expenses - - - - - - - - - - - - - -<br />
Total Assets - - - - - - 62 51 116 115 113 111 108 104<br />
Liabilities & Equity<br />
Liabilities<br />
Current liabilities<br />
A/C payable and current<br />
liabilities<br />
0 0 0 0 0 0 0 0 0 0 0 0 0 0<br />
0.00% - - - - - - - - - - - - - -<br />
Long-term debts<br />
Long-term loans - - - - - - - - - - - - - -<br />
Total long-term debts - - - - - - - - - - - - - -<br />
Total liabilities - - - - - - - - - - - - - -<br />
Equity<br />
Paid-in capital - - - - - - 51 51 51 51 51 51 51 51<br />
Cash deficit support - - - - - - 11 11 39 67 92 116 137 153<br />
Legal reserves - - - - - - - - 2 2 2 2 2 2<br />
Retained earnings - - - - - - - (11) 24 (4) (32) (57) (81) (101)<br />
Total equity - - - - - - 62 51 116 115 113 111 108 104<br />
Total liabilities & equity - - - - - - 62 51 116 115 113 111 108 104<br />
15
Table 2.8 (Cont’d)<br />
HCMC MRT Project<br />
Financial Projections Case: 11 HCMC MRT Trend Case<br />
11/06/08 Subcase:<br />
0 All line segments in HCMC MRT Trend Case<br />
(In USD million unless<br />
Gross Con.0 Con.1 Con.2 Con.3 Con.4 Con.5 Con.6 Y1 Y2 Y3 Y4 Y5 Y6 Y7<br />
otherwise indicated)<br />
Cost<br />
Private Sector<br />
FINANCIAL STATEMENTS<br />
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020<br />
STATEMENT OF CASH<br />
FLOW<br />
NPV Total<br />
Earnings before interest and<br />
tax<br />
- - - - - - - (11) 47 (28) (27) (25) (24) (21)<br />
Less: corporate tax - - - - - - - - (10) - - - - -<br />
Add: depreciation and<br />
amortization<br />
- - - - - - - - - - - - - -<br />
Cash flow before capital<br />
requirements<br />
253 - - - - - - - (11) 37 (28) (27) (25) (24) (21)<br />
Add: Installment 0 0 - - - - - - - - - - - - - -<br />
Movement in working capital - - - - - - - - - - - - - -<br />
Capital expenditures NPV Total<br />
Rollingstock 0 0 - - - - - - - - - - - - - -<br />
Civil works 0 0 - - - - - - - - - - - - - -<br />
E&M systems 0 0 - - - - - - - - - - - - - -<br />
Land acquisition 0 0 - - - - - - - - - - - - - -<br />
Depots 0 0 - - - - - - - - - - - - - -<br />
Total initial capital<br />
expenditure<br />
0 0 - - - - - - - - - - - - - -<br />
Interest during construction 0 0 - - - - - - - - - - - - - -<br />
Additional rollingstock 0 0 - - - - - - - - - - - - - -<br />
Refurbishment of rollingstock 0 0 - - - - - - - - - - - - - -<br />
Replacement of E&M<br />
equipment<br />
0 0 - - - - - - - - - - - - - -<br />
Additional land acquisition 0 0 - - - - - - - - - - - - - -<br />
Additional depots 0 0 - - - - - - - - - - - - - -<br />
Additional civil works 0 0 - - - - - - - - - - - - - -<br />
Additional E&M equipment 0 0 - - - - - - - - - - - - - -<br />
Total capital expenditures 0 0 - - - - - - - - - - - - - -<br />
Free cash flow<br />
Debt service:<br />
253 972 - - - - - - - (11) 37 (28) (27) (25) (24) (21)<br />
Interest paid 0 - - - - - - - - - - - - - -<br />
Debt principal repayment 0 - - - - - - - - - - - - - -<br />
Total debt service - - - - - - - - - - - - - -<br />
Cash flow available for<br />
dividend<br />
- - - - - - - (11) 37 (28) (27) (25) (24) (21)<br />
Dividends - - - - - - - - - - - - - -<br />
Cash flow after debt service<br />
and dividends<br />
- - - - - - - (11) 37 (28) (27) (25) (24) (21)<br />
Cash shortfall funded by: Initial Total<br />
Long-term loans 0 0 - - - - - - - - - - - - - -<br />
Paid-in equity 51 51 - - - - - - 51 - - - - - - -<br />
Total funding 51 - - - - - - 51 - - - - - - -<br />
NPV Total<br />
Add: Subsidy 0 0 - - - - - - - - - - - - - -<br />
Cash deficit support 103 170 - - - - - - 11 - 28 27 25 24 21 16<br />
Net cash flow - - - - - - 62 (11) 65 (1) (2) (2) (3) (5)<br />
Cash balance - - - - - - 62 51 116 115 113 111 108 104<br />
Source: this Study<br />
15. Table 2.7 shows a sample of the strategy model output of public sector project entity<br />
projected balance sheet, income and cash flow statements. Table 2.8 shows a sample of<br />
16
projected private sector project entity financial statements. These are not necessarily<br />
generated under the same concession payment assumptions as for Table 2.7.<br />
16. Testing project performance. Using the strategy model, five of the six HCMC MRT<br />
lines identified in the Master Plan Study 2008, but not studied in detail under the PPTA, have<br />
been tested for indicative performance. Line 2, being the subject of detailed study and<br />
evaluation under the PPTA, is not included in this initial test of performance. The patronage<br />
forecast for the five lines tested is sourced from the Master Plan Study 2008, as described in<br />
paragraph 14, which assumes a fare of VND 4,000 per boarding. The capital cost estimates for<br />
the lines have been sourced from an ADB March 2007 review 5 of the HCMC MRT network<br />
plan; the review provides the unit project cost by main category shown in Table 2.9. The O&M<br />
costs have been generated using the O&M cost model. The line lengths are as indicated in Table<br />
2.10 6 , with Line 1 assumed to have a 2.6 km total underground section (or sections), Line 3 to<br />
have 11 km underground, while lines 4,5 and 6 are assumed to be all elevated.<br />
17. Table 2.10 show the five lines’ indicative performance. Their negative net present value<br />
(NPV) of free cash flow confirms the need for external support, in line with common<br />
international experience of MRT. The fact that adding Lines 5 and 6 in 2025 is consistent with a<br />
subsequent improvement of the farebox ratio for all the lines indicates that the lines are mutually<br />
supportive, or are (for example) at least without overlaps between lines so as to cause new lines<br />
to take away passengers from existing lines. The results shown in Table 2.1 should be<br />
recognised as outputs of an initial analysis making use of readily available data; their value lies<br />
rather more in the suggestions they make for examination in a more refined study and analysis.<br />
Table 2.9 Estimate of unit capital cost for testing HCMC MRT lines performance<br />
(Year 2006 constant prices)<br />
Land acquisition cost<br />
Fixed infrastructure<br />
-elevated<br />
Fixed infrastructureunderground<br />
Rolling stock<br />
Per line km Per line km Per line km Per train car<br />
US$2.34 million US$40 million US$ 100 million US$ 2 million<br />
Source: ADB 2007<br />
Table 2.10 Indicative HCMC 5 MRT lines performance<br />
MRT Line NPV(5%) of free cash flow<br />
(US$ million)<br />
Estimated farebox ratio<br />
2016 2026 2036<br />
1: Ben Thanh - Suoi Tien (19.7 km) (3,484) 0.24 0.53 0.55<br />
3: Highway13 - Tan Kien (24 km) (3,861) 0.24 0.37 0.40<br />
4: Sai Gon Bridge - Can Giuoc (17 km) (2,041) 0.27 0.41 0.45<br />
5: Ben Cat - Nguyen Van Linh (24 km) 1 (1,929) - 0.60 0.68<br />
6: Ba Queo - Phu Lam (6 km) 1 (682) - 0.26 0.33<br />
Source: This Study<br />
1 Assumed roll-out date 2025<br />
2.5 Project model<br />
18. Overview. The project model has been developed for the financial evaluation of HCMC<br />
MRT Line 2. As planned in the feasibility study and preliminary engineering design under the<br />
5 ADB TA RSC-C61011 (<strong>VIE</strong>): <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> Project, HCMC MRT Strategic Financial<br />
Model Update, March 2007, by Bray D and Sayeg P.<br />
6 Source: Vietnam News Agency 2008, press releases.<br />
17
PPTA 7 , this is an MRT service with a 10.24 km long service track, including 8.46 km<br />
underground, with 11 station stops between Ben Thanh and Tham Luong. The model input<br />
data from the study include the passenger demand forecast, fare assumption, investment cost,<br />
operating and maintenance cost, financial structure, pricing and other terms of the financing,<br />
financiers’ roles, project delivery (eg concessioning) approach, applicable tax and duty rates,<br />
physical and price contingency factors, construction term, analysis period slightly over 30 years in<br />
the present study), economic life-cycles of project assets and depreciation rates. Unlike the<br />
strategy model, the Line 2 project model O&M cost data are from engineers’ estimates. These<br />
are built up from detailed calculations of, for instance, traction and non-traction consumption<br />
rates and prices of energy, work force requirement and payroll rates, material and consumable<br />
usage and prices<br />
19. The project model is specifically constructed to distinguish and analyse the possible<br />
difference of roles between the Government of Vietnam (GOVN) and HCMC in project<br />
financing and funding , as provided in the <strong>Rail</strong>way Law and the Law and Decree on the State<br />
Budget 8 .<br />
20. The Line 2 financial model input data, outputs, and outcome in terms of the project<br />
plans for investment, financing and funding (including the sourcing of external support), are<br />
described in Chapter 8 of the PPTA Study report.<br />
2.6 Model operation and management<br />
21. Generally, an MRT financial model may be found useful in three areas: financial<br />
evaluation, financial budgeting, and in procurement and concessionning. Appendix 1 touches on<br />
practical aspects in operation and management of the model in each of these three applications.<br />
3. PROJECT VALUE-FOR-MONEY (VFM) ASSESSMENT 9<br />
3.1 Introduction<br />
22. Doing what the community rationally considers to be desirable at the least cost to is<br />
acting in the public interest and is therefore an imperative for governments. In the present<br />
context a VfM assessment addresses the question of choosing, from among identified<br />
alternatives, one likely to be the least cost method of delivering an MRT project in HCMC.<br />
23. The VfM assessment was introduced into the international practice of PPP for the<br />
purpose of making an informed decision between a conventional public sector and a PPP<br />
undertaking of an infrastructure project. <strong>Ho</strong>wever, once clearly understood its methods can be<br />
seen to have broader application in choosing among many kinds of options involving different<br />
risk characteristics. The key objective is simple: to select from several project development<br />
options the most efficient, ie one incurring the lowest cost to the public. <strong>Ho</strong>wever,<br />
complications arise because of uncertainty in the cost and revenue or benefit streams of an<br />
infrastructure project, which has characteristically long gestation (usually more than 10 years).<br />
Additionally, in land transport, studies have found a tendency for pronounced negative variance<br />
7 See ADB TA 4862-<strong>VIE</strong>: <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> Study, Final Report 2008 (“PPTA Study”)<br />
8 <strong>Rail</strong>way Law 2005 No. 35/2005/QH11, Chapter V (on urban railways), and Law on the State Budget 2002 No<br />
01/2002/QH1 and Decree No 60/2003/ND-CP especially Article 5.<br />
9 This section draws on ADB 2007a and ADB 2007b.<br />
18
etween forecast and outturn. The objective then has to be restated as finding from among<br />
alternative modes of project delivery one that offers the least cost, risk taken into account.<br />
Table 3.1 Alternative approaches for VfM testing: summary of approach features<br />
Responsibility and<br />
risk<br />
Financing<br />
Civil works and fixed<br />
equipment<br />
Trains with related<br />
systems & equipment<br />
Passenger service<br />
with maintenance of<br />
civil works &<br />
equipment<br />
Delivery<br />
Civil works and fixed<br />
equipment<br />
Trains with related<br />
systems & equipment<br />
Passenger service<br />
with maintenance of<br />
civil works &<br />
equipment<br />
Payment/funding<br />
State owned<br />
enterprise (1)<br />
Government sourced<br />
working capital<br />
Private sector<br />
operating concession<br />
(2)<br />
Government sourced capital<br />
Concessionaire<br />
sourced working<br />
capital<br />
Government procures by competitive tender<br />
Via SOE’s contract<br />
with government<br />
Through Gross Cost a<br />
contract by<br />
competitive tender<br />
Private trains E&M<br />
supply w/operating<br />
concession (3)<br />
Build-operatetransfer<br />
(BOT)<br />
(4)<br />
Government sourced<br />
capital Concessionaire<br />
Concessionaire<br />
sourced capital<br />
sourced capital<br />
Concessionaire Concessionaire<br />
sourced working sourced working<br />
capital<br />
capital<br />
Government procures<br />
by competitive tender<br />
Through Gross Cost<br />
contract by<br />
competitive tender<br />
Through Net Cost<br />
contract by<br />
competitive tender<br />
Fare revenue Revenues collected Paid to government Paid to government<br />
Other revenue under a separate Paid to government/ Paid to government/ Concessionaire retains<br />
arrangement<br />
shared<br />
shared<br />
Payment from Gross Cost contract Concessionaire receives competitively bid Competitively bid<br />
government<br />
Risk<br />
style payment payment from government.<br />
external support<br />
Investment cost-civil<br />
Government transfers<br />
works and fixed<br />
equipment<br />
Investment cost-trains<br />
& related systems &<br />
Government transfers<br />
some risk to the<br />
private sector via the<br />
design, construction<br />
and equipment supply<br />
contracts<br />
Government transfers<br />
some risk to the<br />
private sector in the<br />
design, construction<br />
and equipment supply<br />
contracts<br />
some risk to the<br />
private sector in the<br />
design, construction<br />
and equipment supply<br />
contracts<br />
Transferred to private<br />
sector<br />
Transferred to private<br />
equipment<br />
sector, except for<br />
Service operating cost Contracting transfers Transferred to private<br />
agreed indexation<br />
& all maintenance some risk to SOE but sector, except what is<br />
costs<br />
state ownership retained through<br />
means ultimate indexation<br />
recourse to<br />
government<br />
b Transferred to private<br />
sector, except what is<br />
retained through<br />
plus the indexation<br />
risk of government<br />
provided trains not<br />
matching operator<br />
needs<br />
Revenue Risk transfer to SOE Some patronage risk is transferred to private Transferred to private<br />
for a similar purpose sector linked to an incentive payment to keep up sector, except for any<br />
as in (2)-(3) seems<br />
less effective, perhaps<br />
because it is realised<br />
that government is not<br />
likely to let an SOE fail<br />
financially<br />
service quality standards<br />
agreed fare indexation<br />
Source: adapted from Figure 3.1 in Issues and Options paper, this Study<br />
Notes:<br />
a<br />
For a description of the Gross Cost and Net Cost concession forms see Section 2.9 Issues and Options paper, especially<br />
Figure 2.2.<br />
b<br />
In the context of a concession agreement, indexation embodies the principle of allowing the price of a good or service to be<br />
adjusted upward or downward to keep its original purchasing power parity.<br />
24. This section reports on a VfM assessment carried out on the four alternatives identified<br />
in the Options and Issues paper 10 . Their key features are summarized in Table 3.1. They range<br />
10 See Issues and Options paper Section 2 for a detailed discussion.<br />
19
from a state-owned enterprise (SOE) approach (1), in which government plays the maximum<br />
role in the project financing, delivering and funding, taking consequently the full investment,<br />
operating and revenue risk; through increasing levels of private sector participation—from a<br />
Gross Cost operating concession (2), to a Gross Cost concession, with operator supplied rolling<br />
stock along with train-related E&M systems and equipment (3), to a full build-operate-transfer<br />
(BOT) role under a Net Cost operating concession (4), in which government retains little more<br />
involvement in the project than contract monitoring and evaluation. In the analysis a common<br />
assumption of an integrated public transport system is made for all the options. Accordingly, in<br />
the SOE option, ticketing is assumed to be under a common ticketing authority separate from<br />
the SOE, and an arrangement similar to a Gross Cost contract with a private sector concession<br />
aire is assumed to be in place. The methodology for carrying out the VfM analysis is set out in<br />
Section 3.1.<br />
25. For the analysis, risk is understood to refer to a probability distribution, or in practice a<br />
range of probability ratios, for an occurrence with variable possible financial impact, usually<br />
adverse, quantifiable in monetary terms. The data for the analysis should include not only<br />
estimates for risk but also how it is priced, meaning how in a contested market one side would<br />
be willing to remunerate and the other side to be remunerated for parting with or respectively<br />
taking on a given risk. In consequence, robust market competition to undertake a task with a<br />
specific risk becomes a fundamental assumption in the analysis. The outputs of the analysis are<br />
presented and discussed in Section 3.2. Section 3.3 draws conclusions.<br />
3.2 Methodology<br />
26. Overview. A VfM analysis is carried out to evaluate from the government’s (ie the<br />
community’s) perspective the net cost, risk taken into account, of alternative approaches for<br />
carrying out the key project activities of design, construction and procurement, financing and<br />
operation. As shown in Table 3.1, the options are distinguished by the way the public and private<br />
sectors share the responsibility together with the risk in each key project task. The VfM analysis<br />
is carried out as far as possible using a quantitative method, supplemented by a qualitative<br />
assessment where a quantitative approach is not possible. The analysis is based on forecast cash<br />
flows expressed in nominal values. For each option, the output of the analysis is an expected<br />
net present value of the cost to government of ensuring the delivery of the Line 2 service for the<br />
duration of the concession, including the valuation of risk retained by the government.<br />
27. Financial modelling of the PSP options including PPP. The forecast cash flows for<br />
each option are obtained from projected financial statements—balance sheet, income and cash<br />
flow statements—calculated for each year of an approximate 30 year concession period covering<br />
implementation plus service provision and maintenance activities. Except in the SOE option,<br />
two sets of projected financial statements are generated for each option, one set to report the<br />
government’s financial position in the project and the other the private sector participant’s. In<br />
carrying out the analysis for the PSP options including PPP, the following principles have been<br />
observed:<br />
(a) By either receiving financial payments from the government or else by paying excess<br />
revenue to government, the private sector concessionaire achieves an acceptable rate of<br />
return at a minimum cost to government.<br />
(b) The private sector concessionaire’s financial plan is based on a limited recourse<br />
arrangement (ie the lenders cannot rely on any loan security—in particular shareholder<br />
guarantees—beyond that provided in the project), with a proportionate share of debt and<br />
equity in the total capital employed (as measured by a debt-to-equity or a leverage ratio),<br />
20
an average interest rate and a rate of return on equity that reflect the opportunity costs of<br />
the lenders and equity sponsors, taking into account the project risk of each option.<br />
(c) The analysis presents the total cost to the government for each option.<br />
28. Base project costs and revenues. The VfM analysis carried out makes use of the best<br />
estimates obtained from the PPTA study of the Line 2 fare and non-fare revenues, investment<br />
and O&M cost, and also the assumed life-cycles and depreciation rates of categories of civil<br />
works and equipment 11 . In considering the various options, the analysis treats the effects of the<br />
different concession forms on the concessionaire’s cash flows in the following way:<br />
(a) Under a Net Cost concession there is a payment from the government to the<br />
concessionaire in consequence of the project’s funding shortfall.<br />
(b) Under a Gross Cost concession, the project fare and non-fare revenues, being separate<br />
from the concession, are treated as revenues of the government; the concessionaire’s<br />
revenue is made up of payment from the government for the concessionaire’s share of<br />
the cost and risk in delivering the project.<br />
(c) The different concession forms have variable effects on (i) the financing costs of the<br />
concessionaire, including the capital structure and the costs of debt and equity; and the<br />
incentive for the concessionaire to maximise patronage. These variable effects relate to<br />
the perception of different levels of risk embedded in each concession form.<br />
29. The private sector financing and delivery arrangements. The private sector<br />
concessionaire is assumed to be organised as a special purpose vehicle (SPV), with a legal and<br />
financial standing separate from its lenders, equity sponsors, and subcontractors. In particular,<br />
its assets and liabilities wholly derive from the concessionaire’s role and responsibility in the<br />
project; this is necessary in order to exclude any risk that is not project risk. The concessionaire’s<br />
relationship to other parties having an involvement in the project is illustrated in Figure 3.1. In<br />
Figure 3.1, the role, responsibility, rights and remuneration of the concessionaire or SPV are<br />
formalised in a concession agreement (1) 12 . Under (2), with the government’s express<br />
recognition under the terms of the concession agreement, the concessionaire’s system design,<br />
construction and operation and maintenance responsibility and risk are allocated to<br />
subcontractors with expertise in each field. In (3), under the project financing agreement, the<br />
financing responsibility and risk are allocated among senior lenders (the senior debt will be on<br />
limited recourse terms), any subordinated lenders, and equity sponsors (ie shareholders). In<br />
practice, the senior lenders exercise strong control over the concessionaire’s fund flows until the<br />
senior debt is repaid. For example, disbursements are made by lenders direct to the design,<br />
construction and/or equipment subcontractors; during the service phase, the concessionaire’s<br />
remuneration is held in a reserve account, from which payments may be made only under the<br />
lenders’ supervision, and so on. Finally, under (4), the concessionaire, through the operation and<br />
maintenance subcontracts, provides service on Line 2 to the travelling public.<br />
11 See PPTA study Final Report.<br />
12 The Issues and Options paper elaborates the underlying principles of a concession agreement.<br />
21
Figure 3.1 Private sector concessionaire financing and delivery arrangements<br />
(3)<br />
Senior lenders<br />
Subordinated<br />
Debt & equity<br />
Government<br />
Source: adapted from S Gawlic , UNESCAP undated<br />
SPV – project<br />
company<br />
Users/<br />
the public<br />
(1)<br />
(4)<br />
(2)<br />
Design, build<br />
subcontractors<br />
Operating<br />
subcontractor<br />
Others eg<br />
insurers<br />
30. Financing assumptions. The financing assumptions for the private sector<br />
concessionaire, such as leverage ratio, cost of borrowing and equity are shown by concession<br />
type in Table 3.2. In the present study, it is judged that the experience of PPP concessions in<br />
MRT and other infrastructure in Thailand provides a meaningful comparison and may be drawn<br />
on for assumptions relating to financing cost for a hypothetical private sector MRT<br />
Table 3.2 VfM Analysis Financing Assumptions<br />
Private sector financing Net Cost Concession Gross Cost Concession<br />
Debt-to-equity ratio (times) 2.0 1 5.0 2<br />
Loan terms<br />
-Grace period Construction period plus 2 years 3<br />
-Term including grace period 15 years 3<br />
-Interest rate 6.95% 4<br />
Return on equity 13.5% 5 12.75% 6<br />
Public sector financing<br />
Loan terms<br />
-Grace period 7 years 7<br />
-Term including grace period 27 years 7<br />
-Interest rate 3.95% 8<br />
Cost of public sector equity 5% 9<br />
Source: this Study, drawing on ADB 2007a<br />
Notes:<br />
1 Based on a comparison with Bangkok Blue Line concessionaire’s current capital structure<br />
2 Based on a comparison with UK light rail transit (LRT) concessions eg Nottingham Express Transit.<br />
3 Based on a comparison with Bangkok financial market indications for projects in Thailand<br />
4 For an equivalent US Dollar currency borrowing. The interest rate is based on average market rate for government borrowing<br />
plus a 3% risk premium<br />
5 At a premium of 8.5% above the cost of municipal bond financing, this is comparable with the Blue Line concessionaire’s cost<br />
of equity<br />
6 Based on a comparison with market rates of 12-13% for Thailand IPP projects (PPP power generation concessions, which<br />
have similar relevant features to MRT Gross Cost concessions with respect to the sharing of usage or demand risk).<br />
7 Average ODA terms<br />
8 Lowest ODA US Dollar equivalent loan interest rate. Raising the rate to the middle range does not alter the analysis results.<br />
9 Cost of US Dollar commercial borrowing rate.<br />
22
concession in the HCMC context.<br />
31. Discount rate. A rate of 4% is used for the common discount rate to obtain the cost to<br />
government of the project development options.<br />
32. Risk and optimism bias. Risk impacts the expected net financial cost to government<br />
of an MRT or another infrastructure project through a variance of the outturn from what was<br />
anticipated when the decision was made to go ahead by any combination of the following: (i)<br />
capital cost overrun through actual cost and/or construction time exceeding plan; (ii) operation<br />
and maintenance cost overrun; and (iii) revenue underperformance. By establishing statistics of<br />
capital and O&M cost overruns and revenue shortfall in a particular sector of infrastructure on<br />
projects implemented by the conventional SOE approach, it is possible to take into account the<br />
risk of pure public sector implementation, in addition to the basic net financial cost of a project.<br />
For example, a 2002 review commissioned by UK Treasury of large British public sector<br />
procurements found clear evidence for the phenomenon known as ‘optimism bias’, in a<br />
pronounced tendency for capital cost (and construction time or ‘work duration’) to exceed what<br />
was anticipated the time of the decision in each of the project types as shown in Table 3.3 13 .<br />
Table 3.3 Optimism bias in UK Treasury 2002 review of large public projects<br />
Project type Works duration overrun Capital cost overrun<br />
Non-standard buildings 1 39% 51%<br />
Standard buildings 4% 24%<br />
Non-standard civil engineering 15% 66%<br />
Standard civil engineering 34% 44%<br />
Equipment/developmemt 54% 214%<br />
Source: UK Treasury 2002<br />
Note:<br />
1 ’Non-standard’ means more complex, difficult or innovative, when compared to standard projects.<br />
Based on the study results, the UK government has made it a rule that optimism bias be<br />
explicitly recognised in the business case preparation and review, a requirement institutionalised<br />
in UK Treasury issued guidance on appraisal and evaluation of public projects 14 .<br />
33. Optimism bias in land public transport projects. In land transport, international<br />
studies of project development have found rigorous statistical evidence of the same optimism<br />
bias. Figure 3.2 illustrates this tendency with respect to capital cost for a sample of 58<br />
international rail projects, where the average cost escalation is 44.7% 15 . A similar tendency has<br />
been statistically established for rail transport demand forecasting. In analyses involving 25<br />
projects, 72% of the sample are found to show more than 40% shortfall in outturned traffic<br />
compared to the forecast current at project approval time. Meanwhile the overall average actual<br />
traffic is 51% below forecast 16 .<br />
13 The UK experience is instructive because Britain has been among the most active countries employing PPP to<br />
deliver infrastructure and public services since the mid 1990s. By March 2006, Britain had over 700 PPP projects<br />
(USD 91 billion equivalent in total value), compared to eg Korea, another active PPP practitioner, with 64 projects<br />
(USD 24 billion equivalent) by December 2005. See ADB 2007b. The published evidence on optimism bias has<br />
mostly been associated with public sector projects. Limited disclosure has inhibited attempts at finding rigorous<br />
evidence on optimism bias in the private sector.<br />
14 UK Treasury 2003.<br />
15 Flyvbjerg et al, 2002.<br />
16 Flybjerg et al, 2005.<br />
23
34. With service operation, sound evidence from comparative international studies of public<br />
transport supports an expectation of greater cost efficiency with private sector provision<br />
compared to public ranging between 30% and 50%. Details are reported in Section 2.10 of the<br />
Issues and Options paper.<br />
35. Optimism bias parameters. Specific details have not been found on the extent of<br />
optimism bias in Vietnam but anecdotal reports show a familiarity with the phenomenon. The<br />
parameters for optimism bias used in the present analysis are set out in Table 3.4. For capital<br />
cost, the statistics for the public sector is based on the international studies of rail transport<br />
public works reported in 32. For operating and maintenance cost, the statistics are based on the<br />
relative cost of public and private sector operation quoted in 33, with an assumed minimum<br />
optimism bias of +10% for the private sector O&M cost. The statistics imply an expectation of<br />
Frequency (%)<br />
Figure 3.2 Optimism bias on capital cost in rail transport projects<br />
40<br />
30<br />
20<br />
10<br />
Source: Flyvbjerg et al 2002.<br />
0<br />
-80 -40 0 40 80 120 160 200 240 280<br />
Cost escalation (%)<br />
RAIL PROJECTS<br />
a substantially larger propensity to cost overrunning in implementation and operation of a public<br />
transport project, when compared to the private sector. This is consistent with a difference in<br />
approach to resource allocation and management of activities as between government and the<br />
private sector. The commercial approach needed in service delivery and financing appears to<br />
Table 3.4 Allowances for optimism bias in MRT projects<br />
(% difference from the best estimates)<br />
Public sector<br />
implementation<br />
or operation<br />
Private sector concessionaire<br />
implementation or operation<br />
Gross Cost Net Cost<br />
Cost<br />
Capital cost +45% +15% +15%<br />
Operation and maintenance cost +40% +10-20% +20%<br />
Patronage<br />
For operating years 1&2 -55% -50% -50%<br />
For operating year 3 and after -33% -30% -30%<br />
Source: based on international studies on delivery of public transport projects<br />
24
thrive on incentives that appeal to self interest, which is how the private sector operates. It has<br />
been rarely seen to sit well within government, whose principal goals are defined by the public<br />
interest. The difference in relative optimism bias is much less in demand forecast, although<br />
some can still be expected. Government and private sector concessionaires both make use of<br />
specialist transport demand modelling services. At the present state of the discipline, forecasting<br />
transport demand is recognised to be a difficult exercise in assessing a multiplicity of complex<br />
influences on a traveller facing trip choices. The size of the optimism bias allowance being<br />
assumed reflects the statistical record of the performance in forecasting summarised in 32.<br />
36. The optimism bias parameters in Table 3.4 are the same as those suggested in a recent<br />
ADB technical assistance (TA) to the Government of Thailand on standardisation of feasibility<br />
study methods to assess financing and delivery options for Bangkok MRT extension projects 17 .<br />
37. Other uncertainty. Other uncertainty unrelated to optimisms bias includes unexpected<br />
changes concerning prices, law and regulations, tax, and early termination of a concession. This<br />
will need to be assessed qualitatively for its potential effects on the cost to government of the<br />
project development options. The qualitative assessment is based on considerations taken up in<br />
the Issues and Options paper, especially in the elaboration of the concession contract<br />
standardisation in Section 5 and Appendix D. The considerations indicate that the other<br />
uncertainties can be managed so that their impact is invariant across the options, at least from an<br />
initial perspective, and can therefore be ignored for the purposes of the current analysis.<br />
3.3 Analysis results<br />
38. VfM analysis results. The analysis results are highlighted in Table 3.5. The base cost<br />
Table 3.5 Highlights of the VfM analysis<br />
(US$ million, NPV discounting at 4%)<br />
SOE<br />
(1)<br />
Private sector<br />
O&M only<br />
(2)<br />
Private sector<br />
train equip-<br />
ment supply<br />
& O&M (3)<br />
Base cost<br />
Government concession payment 570 570 1,563 3,137<br />
Fare and non-fare proceeds (1,148) (1,148) (1,148) 0<br />
Government debt service 954 954 786 0<br />
Government non-debt financing 441 441 86 0<br />
Government non-debt financing cost 221 221 71 0<br />
Total base cost 739 739 1,058 3,137<br />
Adjustment for corporate income tax (43) (43) (222) (912)<br />
Base cost, tax-adjusted 696 696 836 2,225<br />
Adjustment due to risk<br />
Capital cost overrun 622 622 466 207<br />
O&M cost overrun 174 87 43 87<br />
Revenue shortfall years 1& 2 22 20 20 20<br />
Revenue shortfall years 3 502 457 457 457<br />
Total risk adjustment 1,320 1,186 986 771<br />
Expected cost to the community 2,016 1,881 1,822 2,996<br />
Source: this Study<br />
to government is taken net of the proceeds from fare collection and non-fare revenue. The base<br />
cost includes the variable concession payment ( the SOE option is included under this term)<br />
17 ADB 2007a<br />
BOT<br />
(4)<br />
25
depending on each option. The net base cost is the same in the SOE option as in Option (2), in<br />
which a private sector operating concessionaire delivers service on Line 2 under public financing<br />
of all capital cost. Meanwhile, with a BOT concession, the government collects no revenue and<br />
makes only the one payment to the concessionaire (on account of the Line 2 funding gap). The<br />
adjustment for tax is to eliminate transfer payments; for simplicity, taxes other than corporate<br />
income tax payable by the concessionaire have been ignored in the analysis. The risk adjustment<br />
is added to the base cost to arrive at the expected cost to the community.<br />
39. A comparison of the expected cost to the community across the four options ranks the<br />
SOE alternative above the BOT and below the other two PSP options. Looking at the base cost<br />
only, the substantially lower SOE cost compared to the BOT reflects a lower public sector<br />
financing cost in both project investment and O&M working capital. By comparison there is a<br />
maximum transfer of the project risk from the government to the private sector concessionaire<br />
which saves the community a substantial amount of optimism bias—the risk adjustment in the<br />
SOE case is almost double that of the BOT option. But further comparison shows that the<br />
BOT has an expected cost that is almost 50% above the SOE: the higher financing cost of BOT<br />
make the risk transfer not VfM. Option 3, in which the concessionaire supplies its own train and<br />
associated systems in addition to operating the service, shows a higher base cost compared to<br />
Option 2 and the SOE alternative. This is a reflection of the higher private sector financing<br />
cost for the equipment supplied. When risk is taken into account, Option 3 shows a lower<br />
expected cost to the community compared to Option 2, that is, it is indicated to have the better<br />
value for money.<br />
40. Sensitivity test. The analysis assumes the public cost of debt to be a middling US<br />
Dollar equivalent ODA loan rate (approximately 4%). A test carried out shows that if instead<br />
the lowest end of US Dollar equivalent ODA loan interest rates, ie approximately 3%, is used,<br />
the relative ranking of the four options remains unchanged (Table 3.6). The discount rate used<br />
for the latter scenario is 3%.<br />
Table 3.6 VfM analysis sensitivity test: outputs at 3% public debt cost<br />
(US$ million, NPV discounting at 3%)<br />
SOE<br />
(1)<br />
Private sector<br />
– O&M only<br />
(2)<br />
Private sector<br />
– train equip-<br />
ment supply<br />
& O&M (3)<br />
Base cost 653 653 1,103 3,847<br />
Base cost , tax-adjusted 598 598 820 2,707<br />
Total risk adjustment 1,533 1,368 1,133 917<br />
Expected cost to the community 2,130 1,965 1,952 3,623<br />
Source: this Study<br />
3.4 Assumptions and contingencies<br />
41. It is necessary to understand more precisely under what assumptions and contingencies<br />
are the VfM test results valid. These assumptions and contingencies are as follows.<br />
42. Market competition. In the analysis, the level of government payment to the private<br />
sector concessionaire is assumed to be obtained in a competitive market for the concession and<br />
for all sub-contracts, including the provision of financing. This is the rationale for modelling the<br />
government payment in all the options at no more than cost recovery, represented by the best<br />
estimates of capital and O&M cost and fare and non-fare revenue, plus the indicated private<br />
BOT<br />
(4)<br />
26
sector financing costs under different options in Table 3.2. VfM requires a competitive tender<br />
market for the concession and for related sub-contracting of the technology (eg design,<br />
construction, systems integration and installation, and operation and maintenance in MRT<br />
service provision) and in addition financing services. The reason is to ensure that payment of<br />
concessionaires and sub-contractors is not in excess of a normal risk-weighted remuneration for<br />
effort. Now an option which has cleared a VfM test could at the procurement stage be facing a<br />
market failure (eg only one bidder), threatening its ability to deliver the anticipated VfM . Thus,<br />
transition and emerging countries in particular often cannot count on a reliable international<br />
supply of private sector financing. The threat of market failure in a specialised field such as<br />
MRT concessioning and sub-contracting should not be dismissed lightly. It will be important<br />
to have alternatives at hand, which means having the ability to switch for example to a PSP<br />
concession for a private sector O&M concessionaire only, should a market sounding suggest that<br />
only one candidate would tender for a private sector concession in train and related E&M<br />
systems supply and operation.<br />
43. Financial and services market distortions. Here are some examples of distortions<br />
that can threaten to dilute VfM.<br />
(a) Limited recourse financing of a PPP concession promotes VfM because the senior<br />
lenders, usually financial institutions regulated by a central bank, will for as long as the<br />
debt is outstanding have in the project an interest that is aligned with the authority<br />
granting the concession, and will bring professional skill to the monitoring of the<br />
concessionaire’s performance. <strong>Ho</strong>wever the lenders’ incentive to monitor that<br />
performance is diluted with the lenders’ use of credit risk transfer (CRT) products or<br />
similar instruments for insure lenders against project risk. This practice can significantly<br />
reduce the benefit the government gains in transferring to the senior lenders a part of its<br />
risky exposure to the concessionaire’s performance.<br />
(b) Bilateral ODA financing can also introduce distortions in the sub-contracting markets.<br />
The tying of an ODA loan to the supply of goods and services of a national origin<br />
restricts the competitive tendering for the procurement of MRT consulting and<br />
construction services and systems supply. An opportunity can be created for vendors to<br />
use the concessionary pricing of a loan to build in an additional margin on goods and<br />
services. In the long term, the practice can create a situation where, in a narrow field, the<br />
potential suppliers tacitly agree to live and let live instead of competing, with adverse<br />
effect on supply prices and therefore VfM.<br />
(c) Partnering developed over time among financiers and sub-contractors while having a<br />
potential to be an effective project risk management tool for a concessionaire can be<br />
abused if allowed to develop into a collusive arrangement, which in the end threatens<br />
VfM.<br />
44. PPP procurement capability. Ability to procure well is important for realising VfM.<br />
The balance of opinion, if not of evidence, is that a greater capability is required of the public<br />
sector in the procurement of a PPP concessionaire than in a conventional public works<br />
procurement. Ad hoc outsourcing for the required skills leads to limited results. For example,<br />
legal firms skilled in PPP contracting, forced to make a choice through conflict of interest rules,<br />
can tend to opt for working for the concessionaire side rather than government. Institutional<br />
capability building is required.<br />
45. Conclusions. Under normal competitive market conditions and assuming a government<br />
adequately provided with PPP procurement capability, the value-for-money (VfM) test on the<br />
four development options for Line 2 ranks as the best value the concession for private sector<br />
operation and maintenance with concessionaire supply of trains and train-related equipment. In<br />
27
order of preference based on VfM, the other options are ranked as follows: the private sector<br />
O&M concession with government supply of infrastructure and train equipment and systems<br />
comes second; the SOE option third; and the BOT option last. It is emphasised that this result<br />
assumes that competitive markets are in place for the private sector concessionaire, subcontractors<br />
and financiers. The government procuring authority is recommended to take<br />
precautionary measures in preparing a concession contract for bidding. For instance, options<br />
should be kept open and market soundings be taken for any sign of potential market failure<br />
(only one bidder) in the lead up to tendering. Finally, having adequate PPP procurement<br />
capability is crucial to success.<br />
28
REFERENCES<br />
Asian Development Bank, 2006, Integrating Mass Rapid Transit in Bangkok (TA 4676-THA)<br />
____________________, 2007a, Integrating Mass Rapid Transit in Bangkok Phase II: Final<br />
Report (TA 4904-THA)<br />
____________________, 2007b, Promoting PPP in Bangkok Mass Transit and Other<br />
Infrastructure (TA 4676-THA)<br />
Flyvbjerg B, Skamris <strong>Ho</strong>lm M, Buhl S, 2002, Underestimating Costs in Public Works Projects,<br />
Journal of American Planning Association, 68:3<br />
_______________________________, 2005, <strong>Ho</strong>w Accurate Are Demand Forecasts in Public<br />
Works Projects?, Journal of American Planning Association, 71:2<br />
HM (UK) Treasury, 2002, Review of Large Public Procurements in the UK, study by Mott<br />
MacDonald<br />
_______________, 2003, The Green Book: Appraisal and Evaluation in Central Government.<br />
29
APPENDIX 1. MODEL OPERATION AND MANAGEMENT<br />
1. The model will be found useful in three main areas: in financial appraisal, in financial<br />
planning and budgeting, and in procurement/concessioning. <strong>Ho</strong>w the model can be operated<br />
and managed is best explained in the context of its application in each of the three areas.<br />
I. The Model and Financial Appraisal<br />
2. Financial appraisal is a part of the set of activities making up the public sector<br />
Table A1. Using the model for financial appraisal<br />
Element Description Comment<br />
Data input<br />
Model output/results<br />
Model operating steps<br />
Source: ADB 2006<br />
The key input data are the following.<br />
1. Definition of scenarios and constituent lines<br />
and line segments;<br />
2. Forecast of patronage and revenue;<br />
3. Estimated capital costs and investment<br />
schedules; and<br />
4. Estimated O&M costs.<br />
The following are the key indicators.<br />
1. Financial internal rate of return (FIRR)<br />
calculated on the free cash flow projection, some<br />
times called the “project FIRR”;<br />
2. Present value (discounting at the social time<br />
preference rate) of the projected free cash flow<br />
steam—this measure of viability is indispensable<br />
when the FIRR measure cannot be obtained (which<br />
happens for instance when the free cash flow<br />
series is all negative); and<br />
3. The projected time series of free cash flow or<br />
some form of proxy (such as EBITDA—earnings<br />
before interest, tax, depreciation and amortisation)<br />
for detail such as a time-profile of the viability gap or<br />
cost-recovery shortfall.<br />
1. See that the model is populated with the<br />
correct input data (if the “factory-default” set of<br />
input, supplied with the model, is not being used);<br />
2. Select Scenario and Case;<br />
3. Select the “SOE” concessionning option in the<br />
6_Other_input worksheet;<br />
4. Go to the 13_Results worksheet, Public Sector<br />
column, to look up the financial viability indicators.<br />
A first-order forecast or<br />
estimate of the key model<br />
input variables is<br />
sufficient for the strategic<br />
and development<br />
programming purposes.<br />
<strong>Ho</strong>wever, patronage<br />
impacts MRT capacity<br />
planning besides<br />
revenue; so demand<br />
forecasting error has a<br />
potential multiplier effect.<br />
Financial appraisal<br />
involves the revenue,<br />
O&M cost and investment<br />
models but not the<br />
funding model (financial<br />
appraisal preceeds<br />
considerations of<br />
funding).<br />
strategic planning and development programming and preparation of the MRT network. In<br />
financial appraisal the aim is to obtain quantitative indicators of the financial viability (or self-<br />
30
sustainability or ability to recover cost) of an element of a contemplated MRT network. These<br />
indicators are contrasted and compared across network scenarios, or across elements of a single<br />
scenario, to help assess potential financial impact, including implications for public funding, and<br />
in this way supply information to the process of strategic decision-making and shaping of the<br />
MRT network programme. To serve the purposes outlined above, the required characteristics of<br />
the financial model key data input and the input itself, the model results or output and the steps<br />
in operating the model are shown in Table A1.<br />
II. The Model and Financial Planning<br />
3. Whether as a part of the business case preparation, which can take in a ten- to thirty-<br />
years time horizon, or of a medium term five-year forward view, or whether for institutionalised<br />
budgetary purposes, effective financial planning for an MRT project depends on a clear view of<br />
the complex inter-relationships among many factors. The financial model provides a structured<br />
framework for viewing the quantitative aspects of these complex inter-relationships. It sorts the<br />
factors involved and their relationships into four groups, under the designations: revenue model,<br />
O&M cost model, investment model and funding model. The output of the four main models<br />
supply the exogenous or input lines to the pro forma financial statements.<br />
a. Revenue model<br />
4. Relationships. Revenue is made up of the proceeds of fare collection and rental of<br />
space for advertising and other commercial purposes. The non-fare revenue is modeled as a<br />
simple percentage of fare revenue. Daily fare collection is the product of forecast daily boarding<br />
passengers and the fare tariff. Typically the forecast is based on a working day. With integrated<br />
fare (only one flagfall is paid regardless of the number of transfers between lines), the fare<br />
collection consists of a flagfall fare element and a distance-related element. Flagfall fare<br />
collection is the flagfall fare times the number of boarders net of transfer passengers. The<br />
flagfall fare collection may be distributed or shared between lines in the network in proportion to<br />
each line’s share of passenger-kilometres out of the network total passenger-kms. Distance fare<br />
collection is distance(km)-related fare times the average trip length in km times the number of<br />
boarders. Annual fare revenue is the daily fare collection annualised across the number of<br />
working-day equivalents in a year (typically, fewer passenger trips are expected on non-working<br />
days). The model takes 330 days as the “annualisation factor”.<br />
5. Model input. Daily boarders, the subset boarders transferring from another line, average<br />
trip length (passenger-kms i.e. kilometres travelled by boarding passengers divides by the number<br />
of boarders), fare tariff distinguishing flagfall and distance-related fare elements, annualisation<br />
factor (330), non-fare revenue percentage (7%).<br />
6. Model output. Daily and annual fare and non-fare revenue.<br />
b. O&M cost model<br />
7. Relationships. Operation and maintenance cost is the sum of the costs to provide the<br />
six MRT operating and infrastructure resources shown in Table 6, where an individual resourcerelated<br />
cost is modelled as the annual cost to provide one unit of the resource in question times<br />
the resource quantum. The unit costs are explained in 3.2. The operating resources, namely the<br />
train- and car-hours, and train- and car-km, ultimately depend on certain parameters set in the<br />
train-operating plan. The parameters are: (i) operating speed (km per hour) during peak, offpeak<br />
hours; (ii) daily operating hours broken up into peak and off-peak; (iii) frequency of trains<br />
per one peak, off-peak hour, usually expressed as the time in minutes between two successive<br />
31
trains going in one direction (“headway”); (iv) Line length (km). Daily train-hours respectively<br />
car-hours are daily train-kilometres respectively daily car-km divided by the train operating speed,<br />
the car-km being the train-consist (e.g. three cars per train) times the train-km. Daily train-km<br />
are the sum of the daily round-trip distance—i.e. two times the line length—travelled by peak or<br />
off-peak trains, where the number of peak, off-peak trains are the number of peak, off-peak<br />
trains per hour multiplied by the respective number of peak, off-peak hours. The number of e.g.<br />
peak trains per hour is 60 (minutes) divided by the peak headway. Given a daily service, the<br />
quanta of daily operating resources are annualised at 365 days.<br />
8. Model input. Unit O&M costs per MRT operating or infrastructure resource, number<br />
of stations, line length, operating speed peak/off-peak hour, daily operating hours peak/offpeak,<br />
headway peak/off-peak, annualisation factor 365 days.<br />
9. Model output. Daily and annual O&M cost.<br />
c. Investment model<br />
10. Relationships. The engineers’ estimate of the cost to create the MRT infrastructure and<br />
operating assets including any necessary land acquisition, given as a constant price number (e.g.<br />
in years 2005 Baht), together with input on the construction schedule, yields the basis for<br />
forecast capital spending during the construction period. Conversion from constant to current<br />
prices makes use of an assumed 3% annual price escalation factor. The model utilises the<br />
engineers estimate for all categories of assets except rollingstock, for which it makes use of just<br />
the engineers’ price estimate and specification of car passenger carrying capacity . The<br />
acquisition schedule for units of rail cars is generated by the model using peak passenger demand<br />
data from the patronage forecast, car pacity, and parameters from the train operating plan. The<br />
model is constructed to allow for construction scheduling variability. To specify a construction<br />
schedule, input (in worksheet 8_Schedule) construction start and completion dates and an<br />
estimated progress of work/disbursement pattern. The engineers’ cost estimate covers the<br />
hardware. An allowance is made for the project software cost—project development and project<br />
management consulting service—as a percentage (typically 5%) of the estimated hardware cost.<br />
Interest during construction, a capitalised expense, is also a capital cost in private sector projects.<br />
Within the typical time horizon of a business case, more capital cost is incurred to replace<br />
exhausted E&M systems including intelligent transport systems or ITS, refurbish used rail cars<br />
(after 15 years at a cost equal to one-third of the acquisition cost) and augment the rollingstock<br />
fleet to serve a growing patronage. The model generates a depreciation schedule for all categories<br />
of capital assets, based on their economic life (typically, 50 years for civil works including<br />
trackwork, 30 for rollingstock and depot and 15 for fixed E&M systems) using the straight line<br />
method. The software cost is combined with the cost of hardware by category and depreciated<br />
together.<br />
11. Model input. Engineers’ estimate of capital cost during the construction period,<br />
detailing at least the cost for each of the asset categories of civil works (viaduct and/or tunnelling<br />
and stations and trackwork), fixed E&M systems including ITS, depot, and rail car price and<br />
passenger capacity (worksheet 2_Capital_cost_input); construction start and completion dates<br />
and disbursement schedule; peak passenger demand (4_Passenger_input); train operation plan<br />
key parameters (5_Train_op_input); economic life of assets by category and depreciation<br />
policy.<br />
12. Model output. Projected annual capital expenditure and annual depreciation.<br />
d. Financing model<br />
32
13. Relationships. What roles are decided on for the public and private sectors in an MRT<br />
project have a bearing on the way the project is financed At one end of the spectrum is the role<br />
combination in a Gross Cost Concession approach, which implies government direct funding for<br />
all the assets, while at the other extreme there is the total private funding of all the assets<br />
consequent upon a Build-Operate-Transfer or its variant Build-Transfer-Operate concession<br />
(such as the BTS situation). In between would be a DBOM (Design-Build-Operate-Maintain)<br />
concession, which implies some form of delayed payment by the public sector for assets<br />
designed and built and initially financed partly or wholly by a private sector concessionaire. The<br />
model also includes a pure public sector investment and operation typical of a state owned<br />
enterprise (SOE) as a technical option. Through the worksheet 6_Other_input, the model is<br />
configured to accept any one of a selection of five concession forms as an input. The model<br />
generates debt-servicing schedules (i.e. annual interest payment and repayment of principal)<br />
given an input interest rate and debt repayment structure. For the private sector, inputting a<br />
leverage ratio (i.e. debt as a percentage of value of assets being funded) for the initial project<br />
investment (respectively investment during the operating stage) automatically determines the<br />
amount of debt funding for investment. Meanwhile, in terms of working capital, accounts<br />
receivable are based on a 60-day collection time, accounts payable are based on a thirty-day<br />
payment period for expenses connected with O&M cost, and an allowance for stocks (spare<br />
parts principally) is made equal to 0.25% of gross fixed assets value.<br />
14. Model input. Key concession forms and associated method of funding MRT assets;<br />
interest rate and debt amortisation structure; private sector leverage ratio and collection and<br />
payment periods as well as a stocks/gross fixed assets ratio and corporate income tax structure.<br />
15. Model output. Annual debt servicing schedule (both interest and principal payments);<br />
private sector debt principal and input equity, accounts receivable, accounts payable, stocks,<br />
annual tax payment.<br />
III. The Model in Procurement/Concessioning<br />
16. Suppose that some element of the MRT network has been approved for implementation<br />
under a chosen concession type and that the time has come to address the question of<br />
procurement of the MRT capital assets and operation and maintenance. Here, too, the model<br />
can find useful application. The model has been developed to simulate the implementation of<br />
MRT network elements under four broad types of concession: (i) Gross Cost Concession; (ii)<br />
Design-build-operate-maintain (DBOM) Concession; (iii) Net Cost Concession; (iv) Designbuild-operate-transfer<br />
(DBOT) Concession. Fare and non-fare revenues do not figure in the<br />
concession in the first two concession types, the concessionaire being compensated directly by<br />
the government. With the remaining two concession types, the concessionaire finds its<br />
compensation out of its fare and commercial revenue collection plus government viability gap<br />
funding to meet any shortfall. The model incorporates pro forma financial reporting for the<br />
different concessions as highlighted in Table A2. To select the concession form with which to<br />
operate the model, enter the appropriate concession code in the worksheet 6_Other_input. Use<br />
the Index to navigate among the public/ private sector pro forma financial statements and<br />
supporting schedules in the worksheet 12_Financials.<br />
17. Table A3 illustrates the model’s potential application in the main stages of procurement/<br />
concessioning of an MRT line or larger network element.<br />
33
Public sector<br />
financial<br />
statements<br />
Private sector<br />
(concessionaire)<br />
financial<br />
statements<br />
Table A2. Illustrative MRT financial reporting under four concession types<br />
Gross Cost DBOM Net Cost DBOT<br />
MRT Assets—<br />
BSA 1<br />
Fare and nonfare<br />
revenue—<br />
ISR 3<br />
Concessionaire<br />
operating<br />
charge—ISE 4<br />
Concessionaire<br />
operating<br />
charge—ISR<br />
O&M cost—ISE<br />
MRT Assets—BSA<br />
Liability under “HP”<br />
contract—BSL 2<br />
Fare and non-fare<br />
revenue—ISR<br />
Concessionaire<br />
operating charge—<br />
ISE<br />
Claim on public<br />
sector under HP<br />
contract—BSA<br />
Concessionaire<br />
operating charge—<br />
ISR<br />
O&M cost—ISE<br />
MRT Assets—BSA<br />
Concession fee<br />
receipt—ISR, or<br />
Viability gap<br />
compensation<br />
paid—ISE<br />
Fare and non-fare<br />
revenue—ISR<br />
O&M cost—ISE<br />
Concession fee<br />
payment—ISE, or<br />
Viability gap<br />
compensation—<br />
ISR<br />
MRT Assets—BSA<br />
BOT concession<br />
liability—BSL<br />
Concession fee<br />
receipt—ISR, or<br />
Viability gap<br />
compensation<br />
paid—ISE<br />
Project capital<br />
cost—BSA<br />
Fare and non-fare<br />
revenue—ISR<br />
O&M cost—ISE<br />
Concession fee<br />
payment—ISE, or<br />
Viability gap<br />
compensation—ISR<br />
Notes: 1 Balance sheet asset; 2 balance sheet liability; 3 income statement revenue; 3 income statement expense<br />
Source: ADB 2006<br />
34
Illustrative<br />
objectives and<br />
tasks<br />
Financial<br />
model<br />
application<br />
Source: ADB 2006<br />
Table A3. Using the financial model in MRT procurement/concessioning<br />
Preparation and issue of<br />
request for proposal<br />
1. Set procurement<br />
objectives: required MRT<br />
network element at best<br />
value for money (VfM);<br />
government control of fare<br />
policy; consistency with<br />
MRT network-wide<br />
integrated fare and ticketing<br />
arrangement.<br />
2. Determine bid<br />
variable(s) which would best<br />
secure objectives in 1.<br />
3. Determine bid<br />
evaluation method to secure<br />
objectives in 1.<br />
4. Prepare bid terms of<br />
reference, scope of work<br />
and associated<br />
documentation to go out<br />
with request for proposal<br />
1. In the VfM review, use<br />
the model (with updated<br />
input) to determine the<br />
base-case, or most<br />
probable cost, of e.g.<br />
turnkey MRT capital assets;<br />
operation and maintenance<br />
in a Gross Cost<br />
Concession; singlepackaged<br />
capital assets and<br />
operation and maintenance<br />
in a DBFOM (design-buildfinance-operate-andmaintain)<br />
concession etc.<br />
(N.B. the financial model<br />
alone cannot complete the<br />
VfM review, which further<br />
requires analysis and<br />
pricing of the risks under<br />
alternative public-private<br />
risk allocation scenarios.)<br />
2. The TOR should<br />
require that proposals<br />
include submission of a<br />
financial model, in both<br />
electronic and hard copies,<br />
of a specified format, to<br />
support the financial bid.<br />
Procurement/concessioning stage<br />
Proposal evaluation Negotiation of<br />
concession contract<br />
1. Evaluate and rank<br />
proposals using the chosen<br />
evaluation method*.<br />
2. Short-list highest-ranked<br />
proposals.<br />
* The potential VfM of a<br />
proposal depends on these key<br />
factors: qualification (capability<br />
and experience) of<br />
concessionaire; risks<br />
transferable to and incentives<br />
of concessionaire.<br />
For each proposal the model<br />
(with suitably updated input)<br />
can help to answer the<br />
following questions.<br />
1. Is the bid supported by<br />
sound financial planning?<br />
2. Are the bidder’s model<br />
input data<br />
reasonable/realizable?<br />
3. <strong>Ho</strong>w are the bidder’s<br />
prospective returns on<br />
investment (and therefore its<br />
incentive to help produce the<br />
VfM)?<br />
Negotiate with shortlisted<br />
proposals, starting<br />
with the highest ranked,<br />
in order to better<br />
achieve the set<br />
procurement objectives.<br />
At each step of the<br />
negotiations, through<br />
appropriate input<br />
updating, the model can<br />
be used to work out the<br />
financial implications for<br />
each side of the<br />
negotiating table.<br />
35
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Appendix C: Stakeholder Feedback and Implementation<br />
Arrangements: Institutional Options Working Paper<br />
24
Asian Development Bank<br />
Public Private Infrastructure Advisory Facility<br />
TA 4862-<strong>VIE</strong>:<br />
Preparing the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong><br />
<strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> -<br />
PPIAF Study -<br />
Working Paper<br />
Stakeholder Feedback and<br />
Implementation<br />
Arrangements: Institutional<br />
Options<br />
March 2008
Table of Contents<br />
Summary ........................................................................................................................................................................ i<br />
1. Introduction .................................................................................................................................................................... 1<br />
1.1 Background and Purpose................................................................................................................................. 1<br />
1.2 Development Context...................................................................................................................................... 2<br />
2. Current Institutional and Regulatory Arrangements ............................................................................................... 5<br />
2.1 National and Local Responsibilities............................................................................................................... 5<br />
2.1.1. National..............................................................................................................................................5<br />
2.1.2. Local....................................................................................................................................................6<br />
2.2 Current Funding Arrangements ..................................................................................................................... 8<br />
2.3 Key Policies and Regulatory Provisions......................................................................................................10<br />
2.3.1. Policy.................................................................................................................................................10<br />
2.3.2. Key Laws..........................................................................................................................................11<br />
2.3.3. Laws Governing Involvement of the Private Sector in Urban MRT Operations and<br />
Related Investment.........................................................................................................................................14<br />
2.3.4. Other Relevant Laws and Decrees ..............................................................................................16<br />
2.4 Transport Agencies and Functions in HCMC...........................................................................................17<br />
2.5 A Framework for Analyzing Institutional Functions ...............................................................................19<br />
2.5.1. A Hierarchy of Transport Organization.....................................................................................19<br />
2.5.2. Structuring Transport Activities...................................................................................................21<br />
2.6 Diagnosis ..........................................................................................................................................................23<br />
3. Factors Affecting the Role & Structure of an Apex Public Transport Agency and Relevant Functions.....25<br />
3.1 Policy Framework ...........................................................................................................................................25<br />
3.2 Hierarchy and Structure.................................................................................................................................26<br />
3.3 Key Public Transport Management Functions..........................................................................................26<br />
3.4 Other Issues .....................................................................................................................................................27<br />
4. Potential Institutional Arrangements for Delivering Integrated Public Transport ..........................................29<br />
4.1 Institutional Options ......................................................................................................................................29<br />
4.2 Assessment of Options..................................................................................................................................35<br />
4.3 Building Technical and Managerial Capacity .............................................................................................36<br />
4.4 Legal Basis for Integrated Transport or Integrated Public Transport...................................................37<br />
5. Some Lessons on Organizational Structure for Efficient MRT ..........................................................................38<br />
5.1 Overview of Lessons from Other Cities.....................................................................................................38<br />
5.2 Guidance for HCMC’s MAUR.....................................................................................................................39<br />
Appendix A: Trends in the Management & Provision of Public Transport.........................................................44<br />
Appendix B: Review of Other Arrangements for Management & Provision of Public Transport..................46<br />
Appendix C: Scoping of the Possible Content of an Integrated Public Transport Law..............................................59<br />
References and Bibliography...................................................................................................................................................63<br />
i
Abbreviations<br />
ADB Asian Development Bank<br />
BOT Build-Operate-Transfer<br />
DAF Development Assistance Fund<br />
FDI Foreign Direct Investment<br />
DOPI Department of Planning & Investment, HCMC<br />
PC<br />
DNRE Department of Natural Resources &<br />
Environment, HCMC PC<br />
DOF Department of Finance, HCMC PC<br />
DTUPWS Department of Transport & Urban Public<br />
Works & Services, HCMC PC<br />
DUPA Department of Urban Planning & Architecture,<br />
HCMC PC<br />
GVN Government of Viet Nam<br />
HCMC <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong><br />
HIFU <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for<br />
Urban Development<br />
IFI International Financial Institution<br />
ODA Official Development Assistance<br />
PC People’s Committee<br />
PPI Private Participation in Infrastructure<br />
PPIAF Public Private Infrastructure Advisory Facility<br />
PPP Public-Private Partnership<br />
PRG Partial Risk Guarantee<br />
PSP Private Sector Participation<br />
SOE State Owned Enterprise<br />
TA Technical Assistance<br />
MAUR Management Authority for Urban <strong>Rail</strong>ways,<br />
HCMC PC<br />
ii
Summary<br />
Si
PPIAF TA for HCMC MRT<br />
Summary<br />
1<br />
WORKING PAPER<br />
STAKEHOLDER FEEDBACK &<br />
IMPLEMENTATION ARRANGEMENTS:<br />
INSTITUTIONAL OPTIONS<br />
4 Objectives for PPIAF TA<br />
1. Identify options for private sector participation in MRT<br />
2. Assess benefits of each option<br />
3. Financial analysis & financial model<br />
4. Implementation approach<br />
� contractual including PPP & institutional<br />
� for whole MRT network<br />
2<br />
9 March 2008<br />
1
Problems if MRT is not treated as a Network<br />
Poor physical integration:<br />
- of MRT lines<br />
- with bus<br />
- with urban environment<br />
Inconvenient & unsafe travel<br />
– long transfer between MRT lines<br />
3<br />
Problems<br />
Bangkok MRT fares differ for each line<br />
4<br />
• Bht 25 on BTS<br />
• Bht 22 on Blue<br />
Line<br />
• Bht 32 for BTS<br />
& Blue Line<br />
• Bht 30 for Blue<br />
Line & BTS<br />
9 March 2008<br />
9 March 2008<br />
2
Problems<br />
2 smart card ticketing systems are NOT compatible<br />
5<br />
Card A Not compatible Card B<br />
9 March 2008<br />
Principles for Integration & Efficient Operations<br />
� MRT is a network of services<br />
� not separate MRT lines<br />
� O&M of MRT is just as important as the infrastructure<br />
� Whole of life cost of O&M will be equal to initial infrastructure cost<br />
� Common ticketing and fares<br />
� In London, <strong>Ho</strong>ng Kong and Singapore etc ticketing and fares are separated<br />
from the O&M for each line<br />
� Common approach for MRT O&M on all lines in the network<br />
� To ensure integration, accountable operations & policy control<br />
� A standard contract/concession type for any operator (private, public or JV)<br />
� O&M concession should exclude ticketing system<br />
� Integration of MRT and other public transport<br />
� Need a coordinating authority at PC level eg Singapore LTA, London TfL<br />
� Need legal basis for integrated public transport<br />
6<br />
9 March 2008<br />
3
Provision and Management of Public Transport – recent<br />
experience<br />
H<br />
i<br />
s<br />
t<br />
o<br />
r<br />
i<br />
c<br />
Dispersed public transport<br />
service provision<br />
- limited role by government for<br />
service planning & integration<br />
- services & sometimes<br />
infrastructure provided by the<br />
private sector<br />
- limited or no government<br />
subsidy<br />
Alternative<br />
direct route<br />
for change<br />
7<br />
Development<br />
approach in<br />
the past<br />
Objective:<br />
Improvement &<br />
integration of<br />
public transport<br />
Centralized public transport<br />
authority<br />
- government agency<br />
- integrated service planning &<br />
provision<br />
- services provided by the<br />
authority or other government<br />
agencies<br />
- substantial subsidies needed<br />
Trend in 1990s,<br />
eg Europe,<br />
S. America,<br />
NZ & Australia<br />
Objective: innovation<br />
& reduced unit costs<br />
through effective use<br />
of the private sector<br />
Public transport management authority<br />
- government agency<br />
- integrated service planning (with<br />
operators and others)<br />
- services provided by private operators<br />
under contract to the authority<br />
- various forms of payment arrangements<br />
between the authority and contractors<br />
9 March 2008<br />
Structuring Authority Functions – Level of Government<br />
Strategy Level Function Agency<br />
“For the city”<br />
National ministries<br />
“Of the city”<br />
“In the city”<br />
Based on World Bank (2002)<br />
8<br />
• National roads<br />
• Public enterprise<br />
• Tax levels<br />
• Intergovernmental transfers<br />
• Regulation & competition<br />
policy<br />
• Vehicle registration & safety<br />
•Urban structure planning<br />
•Strategic transport planning<br />
•Local road management<br />
•Public transport planning &<br />
procurement<br />
•Traffic management<br />
•Law enforcement<br />
•Road safety<br />
• Public transport operations<br />
• Road construction &<br />
maintenance<br />
Local / regional government<br />
Local government/ Private<br />
9 March 2008<br />
4
Diagnosis<br />
� GVN’s agencies undertake those “for the city” functions such as<br />
national railway lines and highways as is desirable<br />
� HCMC PC is very heavily involved in “of the city” as is considered<br />
desirable by Figure 2.2 dealing with essentially local functions for<br />
HCMC citizens<br />
� Local HCMC firms and agencies are also extensively involved in “in<br />
the city” functions as is desirable<br />
� Conclusion: HCMC is fortunate that the PC has a fair degree of<br />
autonomy for key local functions<br />
9<br />
9 March 2008<br />
Structuring Authority Functions - Institutional<br />
Focus is on clear separate policy, regulation, system<br />
management & operations (ie service delivery)<br />
Policy &<br />
strategy<br />
• Policy framework<br />
• Strategic planning<br />
• Regulatory policy<br />
• Financing and<br />
pricing policies<br />
• Performance<br />
monitoring<br />
Regulation<br />
• Setting standards<br />
• Registration &<br />
licensing<br />
• Enforcement<br />
Effectiveness – “doing the right thing”<br />
Reports<br />
Informs<br />
10<br />
Program<br />
management<br />
• Project planning<br />
• Investment<br />
programming<br />
• Project, financing<br />
& other approvals<br />
• Design, tendering,<br />
contracting<br />
• Concessioning<br />
• Monitoring &<br />
quality assurance<br />
Service<br />
delivery<br />
• Infrastructure<br />
• Services<br />
• Information<br />
Efficiency – “doing the thing right”<br />
9 March 2008<br />
5
Diagnosis<br />
� Policy and strategy can be strengthened and more closely linked<br />
to budget processes<br />
� Regulatory functions can be improved. The capacity/authority of<br />
public regulatory agencies need to be strengthened<br />
� Program management can be improved eg bus subsidies are<br />
growing rapidly<br />
� Regulatory and service delivery functions are compromised by<br />
involvement of the PC in both<br />
� Service and other contracting delivery can be improved<br />
11<br />
9 March 2008<br />
Structuring Authority Functions - Policy Needs<br />
12<br />
� Key policy needs that influence the role and nature of institutions<br />
in the transport sector are:<br />
� Defining desired outcomes<br />
� Linking land use and public transport development<br />
� Coordinated, multi-modal transport planning<br />
� Public transport service standards and planning<br />
� Integration of public transport services<br />
� Investment planning and decision-making<br />
� Role of the private sector<br />
9 March 2008<br />
6
Key Public Transport Management Functions<br />
13<br />
� Core functions for an Authority that includes MRT are:<br />
� project planning and programming, including preparation of business case for<br />
projects, coordinating projects, and budget programming<br />
� coordinating requests for funding for infrastructure development and, where<br />
needed, subsidies for service provision<br />
� infrastructure delivery, which will includes establishing financing<br />
arrangements, the manner for delivering projects, and taking account of lifecycle<br />
costs and management<br />
� public transport services delivery – through concessions (to private sector or<br />
other) or other business-like arrangements<br />
� fare policy, ticketing, and revenue management, which would be a minor<br />
activity if there was no integrated fares and ticketing but is otherwise more<br />
complex<br />
� passenger information and marketing<br />
Other issues<br />
14<br />
9 March 2008<br />
� Level of government. HCMC PC &other provincial governments in the region<br />
could be involved in the Authority through an advisory committee.<br />
� Community involvement. Can be achieved through, for example, their<br />
involvement in various advisory committees of a Authority.<br />
� <strong>Metro</strong> rail ie MRT expertise. Special expertise is needed to manage the<br />
development & operation of MRTbecause of its special characteristics<br />
� Funding policy. Government will need to continue finance fixed<br />
infrastructure for future rail lines in HCMC. Fare revenue will be inadequate<br />
to recover all operating and maintenance costs<br />
� Extent of public transport integration. The effectiveness of an MRT system<br />
will be maximized through integration with other public transport services<br />
and integration of ticketing and fare systems for public transport. Achieving<br />
this adds technical and institutional challenges, and requires the Authority to<br />
have a broader capacity than simple delivery of rail mass rapid transit lines<br />
with private or public delivery of rail services.<br />
9 March 2008<br />
7
4 Institutional Strengthening Options<br />
� Option 1: Strengthen MAUR<br />
� Option 2: Interim Public Transport Authority<br />
� Option 3: Integrated Public Transport Authority<br />
� Option 4: Integrated Transport Authority<br />
15<br />
Option 1: Strengthen MAUR<br />
16<br />
Increasing<br />
integration<br />
9 March 2008<br />
Advantages:<br />
• MAUR exists<br />
• Has breadth of<br />
powers needed<br />
• Transport policy<br />
set by TUPWS<br />
• Clear delineation<br />
for MRT policy<br />
setting & service<br />
procurement<br />
Disadvantages<br />
• Linkage with bus &<br />
other policy can be<br />
strengthened<br />
9 March 2008<br />
8
Option 2: Interim Public Transport Authority<br />
17<br />
Features:<br />
• Same as<br />
Option 1<br />
• Except<br />
improved<br />
outcome<br />
possible<br />
through PC<br />
level<br />
coordination<br />
Option 3: Integrated Public Transport Authority<br />
18<br />
9 March 2008<br />
Features:<br />
• Similar to<br />
Option 1 but<br />
MAUR<br />
converted to a<br />
Public<br />
Transport<br />
Authority<br />
• Improved<br />
coordination<br />
outcome likely<br />
9 March 2008<br />
9
Option 4: Integrated Transport Authority<br />
19<br />
Closing Comment<br />
� HCMC PC has a single Authority for MRT already<br />
20<br />
Features:<br />
• Completely<br />
integrated<br />
transport<br />
authority<br />
9 March 2008<br />
� The PPIAF team will work with the HCMC PC including MAUR staff<br />
� to refine the proposed options for effective & efficient MRT development<br />
9 March 2008<br />
10
1. Introduction<br />
1.1 Background and Purpose<br />
The People’s Committee (PC) of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC), Viet Nam has initiated studies<br />
to develop a rail mass rapid transit (MRT) system for the <strong>City</strong> based on the current MRT<br />
Master Plan (as approved in January 2007).<br />
Two lines (MRT2 and MRT3) have been proposed for Asian Development Bank (ADB)<br />
funding with another line (MRT1) to be financed by the Government of Japan. The<br />
Government of <strong>Chi</strong>na, is a developing a proposal for an MRT line, there are other proposals<br />
including one from <strong>Chi</strong>na for MRT, Malaysian interests to develop a monorail, and for a<br />
French consortium to develop a tram route.<br />
ADB has mobilized a PPTA and selected a firm for the following components of the project<br />
preparation for MRT Lines 2 and 3. The PPTA study, which commenced in May 2007 and is<br />
to be completed in May 2008, is responsible for providing:<br />
� An optimized MRT Master Plan which integrates the currently proposed MRT lines into<br />
a cohesive network with other modes, identifies required supporting policies, and<br />
develops design parameters for the two project lines.<br />
� A feasibility assessment and preliminary engineering design for the two project lines.<br />
The PPTA must confirm the engineering feasibility, and identify social and<br />
environmental impacts for accurate cost estimation and financial appraisal.<br />
� A plan to support project implementation, including institutional and staffing<br />
arrangements, capacity building, financing/funding options, and implementation<br />
program.<br />
In parallel, ADB is mobilizing a grant from the Public Private Infrastructure Advisory Facility<br />
(PPIAF 1 ) to optimize private sector participation in MRT 2 and 3, and to assist the HCMC PC<br />
to develop appropriate short term and longer term implementation and management<br />
arrangements for MRT in the context of wider urban transport. The scope of the PPIAF<br />
technical assistance (TA) therefore covers developing (i) a framework for considering private<br />
sector participation in implementation and operation of the Project; (ii) a value-for-money<br />
analysis for implementation approaches that involve varying degrees of private sector<br />
participation, (iii) a detailed financial model reflecting the preferred approach and measuring<br />
the performance of the project from the points of view of the government and private sector<br />
participants; and (iv) a stakeholder feedback and a description of necessary institutional and<br />
contractual arrangements given the preferred implementation approach.<br />
This PPIAF TA draws on detailed information on project costs, patronage and revenue<br />
prepared by consultants undertaking the PPTA. The results of its work will be presented in<br />
conjunction with the work of the PPTA to ensure an integrated and complete business case<br />
that the HCMC PC and ADB can use to direct implementation and ongoing operations.<br />
1 The Public-Private Infrastructure Advisory Facility (PPIAF) is a multi-donor technical assistance facility aimed<br />
at helping developing countries improve the quality of their infrastructure through private sector involvement.<br />
For more information on the facility see the website: .<br />
1
While the MRT system will be developed by the PC, the GVN will also be involved through<br />
various approval processes and possibly financing also. It is therefore necessary to establish in<br />
detail the roles for various agencies of these governments for project approval and<br />
implementation, and the manner in which integrated MRT development in HCMC will be<br />
managed.<br />
This Working Paper presents the initial proposals for appropriate institutional<br />
arrangements in HCMC based on identified needs, and an analysis of the strengths<br />
and weaknesses of the current situation. The focus of the work is on the institutional<br />
arrangements for the development and operation of optimal MRT in the long term taking into<br />
the needs for integration with other public transport and land use developments.<br />
The appropriate institutional arrangements need to be planned at the same time the possible<br />
modalities for financing and operation are being considered. Hence, this Working Paper on<br />
institutional arrangements was prepared in conjunction with the separate but<br />
complementary paper on Private Sector Participation Options.<br />
1.2 Development Context<br />
With a population of approximately 6.1 million in 2004, HCMC is the largest city in Viet Nam<br />
and its economic hub. HCMC has a total administrative area of 2,095 km2 covering 19 urban<br />
and five suburban/rural districts. The average population density is about 2,900 inhabitants<br />
per square km with a central area density of around 45,000 inhabitants per square km (JICA<br />
2004). Approximately 2.3 million people were estimated to live in the three adjoining<br />
provinces of Dong Nai, Binh Duong, and Long An which make up the Greater HCMC region<br />
which is illustrated in Figure 1.1.<br />
Population grew at a rate of 2.5% pa from 1989 to 2001 to reach a population of 5.285 million<br />
in 2001. Annual growth appears to have accelerated from 2001 to 2004 as shown in Table 1.1<br />
but it appears the apparent quickening is due to possible definitional changes over time and<br />
differences between data sources. In this regard, MVA Asia (2005) stated that:<br />
“Over the last few years, HCMC population growth has increased from 2.18% in 2000 to 8.65% in<br />
2004… Natural growth has been reducing over the years while migration growth has increased. A large<br />
part of the Year 2004 apparent growth might be due to data being collected from different data sources<br />
explaining the large increases between Year 2003 and Year 2004.”<br />
2
Source: JICA (2004) ie HOUTRANS<br />
Figure 1.1: Greater HCMC Area<br />
Table 1.1: Historic <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Population<br />
Population 2000 2001 2002 2003 2004<br />
Average population (‘ 000) 5,175 5,285 5,449 5,630 6,117<br />
Overall growth rate % pa with<br />
components of:<br />
2.18% 2.13% 3.10% 3.32% 8.65%<br />
Natural growth 1.37% 1.3% 1.27% 1.15% 1.1% (est)<br />
Migration growth 0.82% 0.77% 0.90% 1.20% 1.4% (est)<br />
Other growth 0.00% 0.06% 0.93% 0.97% 6.15% (est)<br />
Source: MVA Asia 2005<br />
Population in the three adjoining provinces which in addition to HCMC make up Greater<br />
HCMC grew from 1.949 million in 1995 to 2.244 million by 2002 according to HOUTRANS<br />
(JICA 2004) which represents a growth rate of 2.0% pa. Residential developments and<br />
industry are spreading from the northern and northeastern parts of HCMC in the southern<br />
areas of Binh Duong province and in and around Bien <strong>Ho</strong>a <strong>City</strong> of Dong Nai province.<br />
Population for the region was forecast to reach 13.5 million by 2020 with 10 million in HCMC<br />
by HOUTRANS (JICA 2004). MVA Asia (2005) for TEWET’s 2005 demand and revenue<br />
update took a more pessimistic view assuming the 2020 HCMC population would likely reach<br />
7.7 million up from the estimate of 7.2 million for the region in the 2003 study.<br />
Currently, the HCMC region spreads out over an area roughly 50km in radius with<br />
development beyond the central area concentrated along major road corridors with large areas<br />
of agricultural or low intensity use in-between. The current dispersed structure has been made<br />
possible by the relatively high level of motorization, specifically motorcycle ownership as<br />
described below.<br />
The PC’s plan for HCMC is to formalize and intensify the current mono-centric urban<br />
structure into a poly-centric arrangement with several activity or business centers located<br />
3
around the central area along key corridors. Major expansion of the current road network is<br />
also proposed:<br />
� 46 km of elevated urban expressways are intended to strengthen accessibility of the city<br />
center;<br />
� The primary arterial network would be extended from 206 km (within HCMC) to 476<br />
km forming the backbone of the urban area road network. Projects comprise<br />
construction and improvement of three ring roads, widening of existing primary roads,<br />
and construction of new roads; and<br />
� The secondary road network would be greatly improved overall in order to form a basic<br />
traffic distribution network.<br />
These road projects without major travel demand management measures are considered likely<br />
to disperse land use, and make private travel more necessary and more attractive.<br />
Current trends are for continuing rapid growth in incomes and motorization, increased<br />
urbanization, and associated traffic congestion, and related pollution (local and global) and<br />
crashes, which will to some extent reduce the productivity of region’s, and therefore, Viet<br />
Nam’s economy. Addressing this considerable challenge requires as its foundation appropriate<br />
institutional and regulatory arrangements to coordinate land use and transport development<br />
management, formulation and implementation of transport policies and infrastructure, and the<br />
delivery of efficient integrated, multi-modal transport services.<br />
4
2. Current Institutional and Regulatory Arrangements<br />
Central and local government policies on transport infrastructure provision, in some cases its<br />
operation of services, and its regulation of transport infrastructure and services undertaken by<br />
the private sector have an important influence over transport outcomes. Authoritative plans<br />
with realistic financing, sound institutional and regulatory arrangements, and adequate<br />
resources (human and financial) are therefore important for obtaining a well planned<br />
transport system that is constructed to a high standard, is operated and maintained efficiently,<br />
and provides attractive services that are financially sustainable.<br />
This section of the Working Paper provides a review of current relevant laws, policies and<br />
plans and a description and analysis of current institutional and regulatory arrangements.<br />
2.1 National and Local Responsibilities<br />
Vietnam has a unitary system of government characterized by dual subordination 2 . Central<br />
government has decentralized considerable responsibilities to provincial and local<br />
governments over the last decade. Hence, HCMC has considerable powers for developing<br />
policies, plans, making investments, raising finance and regulation and operation of transport<br />
services. Nevertheless, while considerable power is subordinated to local governments moving<br />
decisions and outcomes closer to local communities, there remains the need to refer back to<br />
central government for comment and often approval for key decisions.<br />
People’s Councils (PC) are elected at the provincial, district and commune levels with the last<br />
elections held in April 2004. The People’s Council is the highest state institution at the<br />
regional and local levels and is responsible to the electorate at each level and the National<br />
Assembly at the national level. The People’s Council elects a People’s Committee to serve as<br />
the executive institution. People’s Councils have formal practical oversight over People’s<br />
Committees (TI, 2006).<br />
<strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> is a municipality that exists at the same level as Vietnam's provinces. It<br />
therefore has a similar political structure to its provinces, with a People's Council of 95 elected<br />
deputies, and a People's Committee (PC) of 13 members chosen by the council, being the<br />
principal local governmental entities. The relevant roles and responsibilities for planning of<br />
transport and so on of national and HCMC and other local agencies is described below based<br />
on World Bank (2005):<br />
2.1.1. National<br />
� MOT prepares long term transport strategies, five year plans for inclusion in the Public<br />
Investment Program (PIP) and one year plans for inclusion in the annual State Budget<br />
for national transport infrastructure. MOT’s Transport Development Strategy Institute<br />
(TDSI) develops the long term transport sector strategies and plans. “These plans<br />
typically identify investments and total costs for the next five to ten years and are prepared<br />
to meet the development goals without much attention to budget constraints. Provincial<br />
and city governments participate in the identification and definition of national projects in<br />
their provinces.”<br />
� “The long term transport strategies and plans are used as a basis for preparing 5 year<br />
investment programs that also include annual projected expenditures and potential sources<br />
2 Oversight and accountability function according to a system of dual subordination. Ministerial departments and<br />
agencies at each level of government report horizontally to the associated People’s Council and vertically to the<br />
parent agency, depending on the particular sector in which they operate (TI 2006).<br />
5
of financing. These plans are submitted to MOT’s Department of Planning and<br />
Investment (DPI) for inclusion in the PIP but according to World Bank (2005) the<br />
selection criteria are unclear. DPI then collates the different investment lists with the<br />
expected sources of financing and MOT submits a comprehensive list to the Ministry of<br />
Planning and Investment (MPI).”<br />
� PIPs are also prepared without constraints of resource availability. MPI identifies available<br />
and potential sources of financing to fund the PIP. But gaps remain. Individual projects<br />
require approval of the National Assembly but not the PIP as a whole. Projects of<br />
national importance (eg national security) are approved by the National Assembly; those<br />
costing over VND 400 billion are approved by the Prime Minister; and those costing less<br />
than VND 400 billion are approved by MPI. Road and other transport projects costing<br />
less than VND 400 billion also have to be approved by the Viet Nam Land<br />
Administration (VLA) before submission by MOT to MPI if the roads fall under VLA’s<br />
management. Feasibility studies are typically the basis for granting these approvals. The<br />
Ministry of Natural Resources and the Environment (MNRE) reviews and approves<br />
environmental impact assessments for transport projects.<br />
� “The annual investment program prepared by MOT and submitted to MPI to secure the<br />
annual budgetary appropriation does not always include the projects that were listed in the<br />
PIP. Some projects are added while others are removed. Typically, projects listed in the<br />
PIP require a larger budget than is allocated to MOT in the annual State Budget”.<br />
2.1.2. Local<br />
� In HCMC, as in other cities, the Transport and Urban Public Works Services<br />
(TUPWS) of the PCs develop transport strategies, long-term plans, five year plans and<br />
annual plans for the cities, districts, and communes and submit them for approval to the<br />
PC. The current plans place an emphasis on the development of new urban rail and mass<br />
rapid transit systems. In provinces, the provincial Departments of Transport (PDOT)<br />
provide the same functions as TUPWS. During preparation of these plans, the city<br />
authority must consult the Ministry of Transport (MOT) and obtain their<br />
recommendations, but are not obliged to follow them. This system of dual and upward<br />
checking is commonly called dual subordination 3 . In the case of urban projects, the<br />
Ministry of Construction must usually be consulted.<br />
� Article 15 of the <strong>Rail</strong>ways Act 2005 requires HCMC PC, and other key cities and<br />
provinces, the responsibility to formulate urban railway infrastructure development plans<br />
after submitting to people council of the same level for initial approval and then submit to<br />
the Minister of Transport for approval. The authority, which approves railway<br />
infrastructure development plans …. shall have right to amend the plans when necessary .<br />
Article 14 of the <strong>Rail</strong>ways Act requires plans to be reasonably definitive for the first period<br />
of 10 years and more indicative for a further period of 10 years. HCMC has an MRT<br />
Master Plan for the year 2025 which was approved by the Prime Minister in January,<br />
2007.<br />
� District and commune governments are subject to more binding dual subordination. The<br />
transport plans of districts and communes have to be approved by their respective local<br />
level PCs as well as by the TUPWS.<br />
3 Oversight and accountability function according to a system of dual subordination. Ministerial departments and<br />
agencies at each level of government report horizontally but upwards to the associated People’s Council and<br />
vertically to the parent agency, depending on the particular sector in which they operate (TI, 2006).<br />
6
Table 2.1 summarizes the key agencies related to land and in particular urban transport and<br />
the roles they play.<br />
Table 2.1: Policy, Regulatory and Oversight Responsibilities<br />
Sector Ministry/Administration Responsibility<br />
Through its different modal administrations and departments<br />
(a) plans, manages and maintains national infrastructure<br />
Ministry of Transport (MOT)<br />
through its different departments and administrations; (b) assists<br />
local governments in developing transport plans and selecting<br />
transport projects; and (c) manages public bus transport<br />
Transport<br />
Transport Development Strategy<br />
Institute (TDSI)-under MOT<br />
plans by approving cities master plans<br />
Develops long and medium term transport sector strategies<br />
and plans (in collaboration with modal administrations)<br />
Urban<br />
Transport:<br />
HCMC<br />
Department of Planning and<br />
Investment (DPI)-under MOT<br />
Integrates investment plans prepared by modal administrations<br />
for submission to MPI for inclusion in the PIP and to MOF for<br />
inclusion in the State Budget.<br />
People’s Committees Approves key issues such as fares, opening and closing of<br />
routes, schedules and subsidies.<br />
Transport and Urban Public<br />
Works Services’ (TUPWS)<br />
Transport and Industry<br />
Management Department<br />
(TIMD); and the Management<br />
and Operations Centre for Public<br />
Transport (MOCPT).<br />
Traffic Police under the Public<br />
Security Department<br />
HCM <strong>City</strong> Management<br />
Authority for Urban <strong>Rail</strong>ways<br />
<strong>Rail</strong>ways Vietnam <strong>Rail</strong>ways Administration<br />
(VNRA)—under MOT<br />
National<br />
roads<br />
Local roads:<br />
(Provincial,<br />
District and<br />
Commune)<br />
Vietnam <strong>Rail</strong>way Corporation<br />
(VRC)<br />
Vietnam Expressway Corporation<br />
(VEC)-under MOT<br />
Vietnam Road Administration<br />
(VRA)—under MOT<br />
VRA operates through 4 Regional<br />
Road Management Units<br />
(RRMUs)<br />
Designated Provincial Departments<br />
of Transport (PDOTs).<br />
Develops cities’ transport strategies; Plans and manages<br />
construction; Maintains urban transport infrastructure;<br />
Manages bus transport; Coordinates planning and<br />
implementation of traffic management with Police<br />
Enforces traffic management including the operation of traffic<br />
signals in coordination with TUPWS<br />
Plans / implements rail-based mass transit plans and has<br />
responsibility for managing and arranging for operations<br />
and maintenance.<br />
Plans and manages the development of the sub sector<br />
Regulates the sub-sector including national and other rail<br />
systems including metro or MRT in cities and provinces.<br />
Provides oversight of <strong>City</strong> and Provincial rail and MRT Master<br />
Plans and is charged with approval of technical standards<br />
and safety of rail and MRT systems.<br />
Sole provider of rail services on national rail network<br />
Manages enterprises that carry out construction and mainten-<br />
ance activities, and other commercial activities unrelated to rail<br />
Mandated by MOT: (a) develop, finance, manage and maintain<br />
expressways; (b) collect toll revenues; and (c) invest in off road<br />
construction and services (such as rest areas)<br />
Plans and manages the development of the national road network.<br />
Maintains the national road network<br />
Mandated by MOT/VRA to manage half of the national road<br />
network<br />
VRA Performs a central planning and advisory role for the local road<br />
network.<br />
Provincial Departments of<br />
Transport (PDOTs),<br />
Develops provincial, district and commune transport strategies.<br />
Plans and manage the construction of provincial road networks.<br />
Maintains provincial road networks. Supports district<br />
and commune governments in planning the maintenance of<br />
their networks<br />
Approves provincial transport strategies and plans.<br />
Provincial People’s Committees<br />
(PPC)<br />
District Departments of Transport<br />
(DDOTs), and Communes<br />
Peoples’ Committees (CPC)<br />
Approves district and commune transport plans.<br />
Support Vietnam Land Administration Approves Category B and C projects (less than VND 400 bil-<br />
7
Sector Ministry/Administration Responsibility<br />
(VLA) lion) before MOT submission to MPI if land falls under its man-<br />
agement.<br />
Ministry of Natural Resources Reviews and approves Environmental Impact Assessments of<br />
and the Environment (MNRE) national transportation projects.<br />
Ministry of Planning (MPI) Approves Category B and C projects (less than VND 400 billion)<br />
for inclusion in PIP and State Budget.<br />
Ministry of Finance (MOF) Implicitly approves maintenance budgets of MOT’s modal administration<br />
(except for VRC) before inclusion in the State<br />
Budget.<br />
Prime Minister’s Office Approves Category A projects (more than VND 400 billion)<br />
Administrative authority over VAC, Vinalines, VRC, Vinashin.<br />
Approves projects of national importance such as national<br />
security and defense projects.<br />
National Assembly<br />
Implicitly approves all national transport investments included<br />
in the annual State Budget.<br />
Source: Edited from Table 2, Annex 1 of World Bank (2005).<br />
2.2 Current Funding Arrangements<br />
More generally the capacity of HCMC PC to meet recurrent obligations is of interest.<br />
All taxes and all charges are administered at national level including property and fuel taxes.<br />
There are no local taxes. Provincial and <strong>City</strong> tax departments are responsible for collecting<br />
taxes. Initial enquiries indicate that information relating to the HCMC PC’s capacity to meet<br />
ongoing financial obligations is currently sparse:<br />
� The PC has four main sources of income: (i) grant allocations from central government<br />
which represent its share of national tax collection 4 according to agreed formula (ii) own<br />
source revenues, including (a) profits from its own business activities, and (b) bonds etc<br />
that it raises and which it must in time repay; (iii) grants from the national government<br />
(which will include some IFI finance); and (iv) loans from IFIs to the national government<br />
that are on-lent to the PC and which the PC must repay.<br />
� Business activities (Item (ii)a) may include development or auction of underutilized lands<br />
but the potential to raise significant income from this source appears to be limited as<br />
considerable land holdings are under the control of State-owned enterprises and 80% of<br />
revenue that can be realized from such activity must be remitted to MOF which is likely to<br />
reduce the enthusiasm for such projects. The <strong>City</strong> may also develop or participate in<br />
commercially-oriented projects such as toll roads which if successful may generate returns.<br />
� The <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for Urban Development (HIFU) 5 managed<br />
the first municipal bonds (Item (ii) b) issued by the HCMC PC. In a loan approved in June<br />
2007 the World Bank will provide a line of credit to HIFU to invest in cost recovery<br />
4 The revenues from some taxes are retained 100% at the central level, some other taxes are assigned 100% to<br />
provinces, and revenues of remaining taxes are shared between the central government and the provincial<br />
governments where the taxes are collected. District and commune governments can collect certain fees such as<br />
waste collection and school tuition fees, but there are no local taxes. It is understood that around 15% to 17% of<br />
all taxes collected in HCMC are assigned to the PC for funding of local administrative costs and maintenance<br />
activities.<br />
5 The <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for Urban Development (HIFU) was established in 2003 to<br />
aggregate and managing funds from a variety of sources, to finance a range of infrastructure projects and to<br />
provide a legal structure for organizing joint ventures with private investors (Coulthart et al, 2006).<br />
8
oriented municipal infrastructure investments in partnership with the private sector. In<br />
identifying potential investments HIFU will work with the Department of Planning and<br />
Investment (DPI) and other departments to identify investment needs in HCMC, as<br />
described in HCMC master plan, which can be financed via public private partnerships.<br />
HIFU will then work with the city departments to put in place effective project structures<br />
and then invite private investors to participate in the projects (World Bank 2007). In<br />
November 2007, the Chairman of HCMC PC requested HIFU to be the key <strong>City</strong> Agency<br />
responsible for arranging finance for MRT Line 2.<br />
� Other sources of income include revenue from equitization of State Owned Enterprises.<br />
The amount of revenue received from this source by HCMC is unknown but in general<br />
for Viet Nam the amount of revenue is low.<br />
� Information on budgeted income and expenditure appears to be available for the PC<br />
either from MOF or the PC. Budgeted or actual historic outturn expenditure by type may<br />
also be available but at the time of writing the PPIAF team has not sighted this<br />
information.<br />
� What is missing is a reliable forward program of committed funding of all types<br />
(administration, recurrent expenditure and planned investment) to enable reliable financial<br />
planning. This information gap has significant consequences for any reliable assessment of<br />
the <strong>City</strong>’s capacity to meet recurrent obligations of MRT or any other equally important<br />
project or program. This apparent significant weakness at PC level was described by<br />
World Bank (2006) as existing at national level also. This is due to there being no reliable<br />
process of forward recurrent expenditure and investment programming (nor the ongoing<br />
operating and maintenance liabilities of this investment) at national or local government<br />
levels.<br />
� Further complicating these problems is (a) an identified high need for future urban<br />
infrastructure several orders of magnitude higher than in the 1990s (Coulthart et al 2006);<br />
(b) lack of realistic integrated sectoral planning, spatial and project planning caused by<br />
fragmented responsibilities between and among national and local agencies (c) project<br />
feasibility studies of inadequate quality leading to unreliable cost estimates and inadequate<br />
prioritization; and fragmented responsibilities for investment versus maintenance and<br />
operations. Consequently, Coulthart et al (2006) identified the need for cities and<br />
provinces to reduce their reliance on the state budget and to start the transition away from<br />
concessional donor financing for urban infrastructure services. This would involve<br />
diversification of the financing sources for infrastructure development focusing on<br />
increasing the role of the private sector.<br />
Detailed analysis of this issue is not within the scope of the PPIAF work. ADB is proposing<br />
to carry out a TA on the <strong>City</strong>’s Socio-Development Framework which will include a<br />
component on municipal finance.<br />
It is noted that as at early 2008, the Ministry of Finance had embarked on preparation of the<br />
future investment, funding and implementation plan for MRT in Vietnam. ADB and JBIC<br />
have both proposed to Ministry of Finance that IFI lending for MRT infrastructure be given<br />
as grants to local governments but finance for trains etc be on lent.<br />
9
2.3 Key Policies and Regulatory Provisions<br />
2.3.1. Policy<br />
As described above, HCMC (and Hanoi) have major responsibilities for city level urban<br />
transport although the central (ie national) government retains great influence through its role<br />
as the approving authority for major plans and investments.<br />
At a national level the Transport Sector Development Strategy (TSDS) to 2020 has been<br />
developed to support the ten year (2001-2010) Socio Economic Development Strategy<br />
(SEDS) and the Comprehensive Poverty Reduction and Growth Strategy. World Bank (2005)<br />
states “… SEDS strongly endorses the development of public transport services and long<br />
term transport planning in large cities and cites the rising rate of traffic accidents as a<br />
concern”.<br />
World Bank (2005) reports that TSDS lists the following policies that govern the<br />
implementation of the development strategy including:<br />
� “Targeting domestic and foreign sources of finance, both private and public, and<br />
charging users for the construction and maintenance of infrastructure whenever<br />
possible.<br />
� Encouraging private sector participation by speeding up the equitization of stateowned<br />
enterprises and separating state management from operations and business.<br />
� Ensuring transport safety and environmental protection in all transport related<br />
business.<br />
� Utilizing new technologies and processes in construction and operations.”<br />
For both HCMC and Hanoi a key focus is to promote and develop public transport, and to<br />
develop road infrastructure to alleviate congestion, and as appropriate open up new areas for<br />
urbanization (World Bank 2005). The city’s master plan focuses on bus system development<br />
through 2010 and significant investments in urban rail by 2020 and has set the goal of raising<br />
the public transport mode share to 20% by 2010 and 44% by 2025 6 rising from around a 5%<br />
share in 2007.<br />
Both cities aim to limit to limit the ownership and use of motorcycles but despite some steps<br />
in this direction the overall impact of this policy is likely to be muted.<br />
Current transport policies for HCMC are contained in a variety of documents and decrees.<br />
MVA (2006) amplified their understanding of current policies of the HCMC PC in relation to<br />
public transport:<br />
� “to very significantly increase the number of trips served by public transport,<br />
� to contain the growth in public subsidies to the public transport system to an acceptable<br />
level,<br />
� to avoid the city having to purchase buses from its own funds in future<br />
� to encourage the participation of private companies in the provision of urban bus<br />
� services, and<br />
� protect the most vulnerable social groups from the adverse impacts of any fares<br />
increases.”<br />
6 Current demand modelling by the PPTA Team indicate likely mode split may be around 20-25% at 2025.<br />
10
Noting that some of the policies were contradictory MVA (2006) concluded that an<br />
appropriate compromise will be needed to meet future needs in HCMC.<br />
2.3.2. Key Laws<br />
National and city legislation governs the present provision of public transport services,<br />
currently mainly bus, in HCMC. These are described in more detail in the next section.<br />
The laws of most relevance to urban rail or urban MRT are:<br />
� <strong>Rail</strong>way Law 2005 (NA Order No. 35/2005/QH11); and<br />
� HC PC Decree 119/ 2007/QD-UBND establishing the Management Authority for<br />
Urban <strong>Rail</strong>ways.<br />
<strong>Rail</strong>way Law<br />
Within cities the <strong>Rail</strong>way Law 2005 defines relevant types of urban railway as including metro<br />
or MRT using a wide variety of technologies. Authority for planning urban railway networks is<br />
given to People’s Committees (Articles 14 and 15). Master Plans shall be prepared covering a<br />
detailed period of 10 years and less definitive further 10 year period.<br />
Article 15 states “The Provincial People’s Committees shall assume the responsibility to<br />
formulate urban railway infrastructure development plans after submitting to People’s Council<br />
of the same level for initial approval and then submit to the Minister of Transport for<br />
approval. The authority, which approves railway infrastructure development plans …. shall<br />
have right to amend the plans when necessary .” Ultimately the Prime Minister shall approve<br />
the Master Plan.<br />
Article 16 on urban railway policies recognizes that urban rail is a key urban public transport<br />
mode, that central government will “support the total investment for approved railway<br />
projects with State budget” and each year “ the Government shall extract an amount from the<br />
State Budget to support expenses for public transport services in cities including urban railway<br />
transport”.<br />
Article 58 on “basic requirements for construction of urban railway infrastructure” reinforces<br />
urban railways will be constructed according to technical standards stipulated by the Minister<br />
of Transport, that urban railways will “…ensure the connection to other urban public<br />
transport modes and the national railway for easy transit of the passengers.” This confirms<br />
Article 9 which gives the Inspectorate of the Ministry of Transport responsibility for<br />
inspection of railway activities (implies certification of both technical standards and standard<br />
of safety).<br />
Article 61 on “urban railway infrastructure management and maintenance” states that<br />
“…people’s committees shall stipulate the management, maintenance of the urban railway<br />
infrastructure invested by organisations and individuals” and that “the urban railway enterprise<br />
shall be responsible to maintain state financed infrastructure through public tender or public<br />
service orders by provincial people’s committees”.<br />
Article 74 on “railway transport controlling” provides the power to sign “… to sign contracts<br />
with railway infrastructure operators on using railway infrastructure for railway transport; to<br />
sign contracts with railway transport operators on supplying controlling and other services<br />
related to railway transport.”<br />
11
Article 83 defines “railway business activities” as covering “railway transport operation and<br />
supplying services supporting railway traffic” and Article 84 provides for a level playing field<br />
to be provided for all operators.<br />
Article 85 defines “railway infrastructure business” as the activity to invest, manage, and<br />
maintain infrastructure for selling, giving concession of, leasing or collecting fee from using<br />
railway infrastructure system and to provide railway supporting services and other services on<br />
the base of exploiting their managed railway infrastructure capacity” and that “organisations<br />
and individuals using railway infrastructures owned by the State or other organisations for<br />
their business activities must pay fees or charges for such usages”, and further that “railway<br />
infrastructure invested by the State shall be allocated to enterprises through tender, orders or<br />
plans”.<br />
Article 93 on “railway transport fare, price of ticket” states that “fares for passenger…<br />
transportation on railways are set by railway transport enterprises” thus (railway transport<br />
enterprises are interpreted to be operators – refer Article 91 on Passenger Transportation<br />
Contracts). Where the operator is operating on the urban rail network then to ensure policy<br />
control is retained by the PC, the operating contract or agreement between the PC and the<br />
operator will need to clarify that the PC sets fares. The review by the PPTA’s legal team has<br />
since confirmed that fare setting control is retained by the PC.<br />
Decree 119/ 2007/QD-UBND establishing Management Authority for Urban<br />
<strong>Rail</strong>ways, HCMC<br />
The Urban <strong>Rail</strong>way Management Unit (known as the Management Authority for Urban<br />
<strong>Rail</strong>ways) was established in September 2007 by Decree 119. The Authority replaced the<br />
previous Urban <strong>Rail</strong>way Management Division under TUPWS. MAUR is also under the<br />
guidance of Central Ministries – branches and Departments – branches of the city.<br />
The Decree provides that the Authority is an administrative unit which has to ensure by itself<br />
a part of its operation cost; has legal entity; has its own stamp and is entitled to open bank<br />
account at the <strong>City</strong> Treasury according to provisions of law.<br />
Key responsibilities assigned to the Authority are:<br />
“<br />
1. To provide the city People’s Committee with consultancy regarding the master plan<br />
for construction, operation and exploitation of urban railway lines of the city; the<br />
development of the urban railway network according to the transport planning up to<br />
2020.<br />
2. To be Investor and to manage, operate urban railway lines of the city.<br />
3. To carry out the role and function of a direct partner to foreign partners in<br />
transactions relating to the project.<br />
4. To prepare documents, materials, contents of negotiation and together with related<br />
agencies to help the city People’s Committee negotiate treaties and other agreements<br />
with sponsors relating to projects constructing urban railway lines of the city.<br />
5. To develop detailed programmes, plans and implementation schedule of component<br />
projects; to organize the effective management, operation, use of sources of the<br />
project and to deal with problems arising during projects implementation.<br />
6. To guarantee adequate data according to requirements of foreign partners for the<br />
management, operation phase of the project following the programmes, plans<br />
approved by competent authorities.<br />
12
7. To fully execute legal provisions of the State during the management and operation of<br />
the investment project and related issues according to international practice and<br />
provisions of Vietnamese laws.<br />
8. Strictly execute the financial report regime, regimes on accounting, statistics, auditing,<br />
balancing according to current provisions and requirements of foreign partners in<br />
compliance with the signed contents.<br />
9. To ensure the cooperation with functional agencies and other related projects of the<br />
city in order to effectively carry out the project.<br />
10. To import, export materials, equipment for construction and operation of approved<br />
projects.<br />
11. To prepare annual plan for capital use, disbursement (domestic capital and loan source<br />
from foreign countries) following requirements of project schedule and in compliance<br />
with the domestic financial mechanism and requirements of foreign partners in order<br />
to guarantee project implementation schedule.<br />
12. To ensure full compilation and implementation of contents, processes in the fields of<br />
train operation, exploitation management after construction phase is completed.<br />
13. The Urban <strong>Rail</strong>way Management Unit is allowed to establish Project management<br />
units and subordinates to manage and operate projects when they are brought into use<br />
or to employ qualified organizations which have experiences and financial capability<br />
for management, operation of urban railway lines when construction is completed.<br />
14. To associate with or join domestic or foreign organizations or to employ experienced<br />
experts in order to train, improve professional knowledge in the fields of project<br />
management and operation, exploitation organization.<br />
15. To co-operate with local authorities, related individuals, organizations to settle issues<br />
relating to compensation, assistance, resettlement, relocation.<br />
16. To ensure the implementation of the archive information, confidentiality and report<br />
regime according to provisions.<br />
17. To carry out other tasks authorized or assigned in writing by the Chairman of the city<br />
People’s Committee.”<br />
It is noted that Decree 119 provides the Authority with wide powers but creates unusual<br />
incentives in that:<br />
� It has to find a portion of its operating cost;<br />
� It can carry out the role and function of a direct partner to foreign partners in<br />
transactions relating to the project; and<br />
� It can be both an investor, regulator and operator of MRT services and a partner to<br />
foreign investors.<br />
According to a HCMC PC regulation the current MAUR structure is shown in Figure 2.1.<br />
With new responsibilities for management of operations and maintenance, the number of staff<br />
in MAUR is increasing. It is also understood that it is proposed to revise the current structure<br />
of MAUR in the near future to better reflect the management and operational functions.<br />
Guidance and suggestions on how a new structure may be derived is provided in Section 5.<br />
13
Source: MAUR<br />
Figure 2.1: Current Structure of MAUR<br />
2.3.3. Laws Governing Involvement of the Private Sector in Urban MRT<br />
Operations and Related Investment<br />
MVA (2006) identified the following national legislation that requires any organization or<br />
individual wishing to carryon business in public passenger transport “…must satisfy the<br />
requirements of the following national legislation, whichever is appropriate to the status of the<br />
applicant:<br />
� Law on Enterprises, 1999;<br />
� Law on Foreign Investment in Vietnam, 2000;<br />
� Law on Cooperatives, 2003; and<br />
� Law of State-Owned Enterprises 2003.<br />
The approval is specific to the business of public passenger transport. Foreign investment is<br />
permitted through Business Cooperation Contracts or Joint Venture with a Vietnamese<br />
Partner. The rules of investment are administered by the Ministry of Planning and Investment<br />
who are the licensing authority”.<br />
National and municipal legislation governing public transport (ie bus) services and also the<br />
role of the authority also comprises both national and municipal legislation:<br />
� “Decree of the Government No.92/2001/ND-CP of December 11, 2001 “Conditions<br />
for Carrying on the Motor Vehicle Transport Business”;<br />
� Government Decree 24/2000/ND-CP of 31 July 2003 “Regulations on Foreign<br />
Investment in Vietnam”;<br />
� Government Decree No. 27/2003/ND-CP of 19 March 2003 providing amendments<br />
and additions to Decree 24/2000; and<br />
� Government Decree No. 31/2005/ND-CP of 11 March 2005 on “The Manufacture<br />
and Provision of Goods and Services for Public Utilities' (including buses)”.<br />
14
MVA (2006) also reports that the HCMC PC has also enacted the following decisions to<br />
manage and regulate bus services:<br />
� Saigon Bus was established by Decision 5350/QD-UB of HCMC PC of 1 October<br />
1997;<br />
� Decision No. 4196/QD-UB-NC “Establishment of MOCPT (under TUPWS)”;<br />
� Decision No. 355/1998QD-UB-NC, “Approval for organization and activity<br />
regulations of MOCPT (TUPWS)”;<br />
� Decision No. 321/2003/QD-UB of 30 Dec 2003 “Issuing the Regulation for<br />
Management of Public Passenger Transport by Bus in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>;” and<br />
� Decision 49/2005/QD-UB of HCMC PC “Amendment of Decision No.<br />
321/2003/QD-UB of 30 Dec 2003”.<br />
These laws and decrees would appear also to be largely relevant to the approval of an urban<br />
MRT operator even if they invest in some of the equipment such as trains, as bus operators<br />
also invest in the buses they operate.<br />
A law with apparent, but little practical relevance to the participation of the private sector in<br />
urban railways, where there is investment contemplated is the (Draft) Decree on Investment<br />
in the Form of Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO) and Build-<br />
Transfer (BT) Contracts 2005 7 .<br />
New BOT Decree, dated 11th May 2007<br />
The new BOT decree does not address “social” services such as those that have limited scope<br />
for cost recovery such as MRT. That is, it does not obviously cover PPP possibilities in MRT.<br />
The law also allows for government to invest in a project delivery organization which creates a<br />
conflict of interest.<br />
<strong>Chi</strong>plunkar (2006) in his review of the then draft BOT Law concluded:<br />
� “there is a need to review basic philosophy in BOT<br />
� Approval mechanism by govt. for design and construction inputs, supervision during<br />
construction etc. must be appropriate to risk transferred eg if design risk is with private<br />
sector, monitor the performance not approve the design...<br />
� Risk transfer to private sector not efficient due to above...”<br />
And that:<br />
� “...that options for PSP to be need to be made more flexible to include variations of<br />
BOT.”<br />
7 Proposed to replace (a) Decree 77/CP dated June 18, 1997 of the Government issuing Regulations on<br />
investment in the form of Build-Operate-Transfer (BOT) contracts applicable to domestic investments (b)<br />
Decree 62/1998/ND-CP dated August 15, 1998 of the Government issuing Regulations on investment in the<br />
form of Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO) and Build-Transfer (BT) Contracts<br />
applicable to foreign investments in Vietnam; and (c) Decree 02/1999/ND-CP dated January 27, 1999 of the<br />
Government on amendment of and addition to a number of articles of the Regulations on investment in the<br />
form of Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO) and Build-Transfer (BT) Contracts<br />
applicable to foreign investments in Vietnam.<br />
15
2.3.4. Other Relevant Laws and Decrees<br />
Other generally relevant laws are:<br />
� Law on Procurement. No. 61/2005/ QH11 – regulating procurement activities to select<br />
bidders for the provision of consulting services, goods and civil works of amongst<br />
others things investment projects using State funds of 30% or more and for major<br />
reconstruction and maintenance;<br />
� Law on Construction which took effect July 1, 2004;<br />
� Draft Unified Enterprise Law – to ensure a level playing field between any type of<br />
operator (eg State or private); and<br />
� Draft Law on Management and Use of State Assets (in Vietnamese language) – the<br />
PPTA’s legal team have been requested to review this Draft Law to check the relevance<br />
in relation to use of a possible Gross Cost / availability style operating contract for<br />
MRT.<br />
Table 2.2 summarizes the main legal and regulatory provisions governing the transport sector<br />
in Viet Nam.<br />
Table 2.2: Main Legal and Regulatory Provisions Governing the Transport Sector<br />
Sector Legal Provision Purpose<br />
Transport<br />
Roads<br />
<strong>Rail</strong>ways<br />
Urban<br />
Transport<br />
Transport Sector Development Strategy To<br />
2020 (PMD No.206/2004/QD-Ttg)<br />
Responsibilities of Ministry of Communication<br />
and Transport (Gov. Decree No.34/2003/ND-CP)<br />
Road Transport Plans To 2010 and Orientation<br />
to 2020 (PMD No.162/2002/QD.TTg)<br />
Road and Traffic Law (NA Order No.<br />
26/2001/QH10)<br />
Management of Road Infrastructure (Gov.<br />
Decree No.186/2004/ND-CP)<br />
Establishment of Vietnam Investment and<br />
Expressway Development Corporation (VEC)<br />
(MoT Decision No. 3033/QD-BGTVT, October<br />
2004)<br />
Vehicle inspection -nationwide<br />
(Ministry of Transport Decision No. 4134/2001/QD-<br />
BGTVT)<br />
Establishment of Vietnam <strong>Rail</strong>way Corporation-<br />
VRC<br />
(PMD No.34/2003/QÐ-TTg)<br />
Establishment of Vietnam <strong>Rail</strong>way<br />
Administration-VNRA<br />
(Decree No. 34/2003/ND-CP)<br />
<strong>Rail</strong>way Law<br />
(NA Order No. 35/2005/QH11)<br />
Mass Transit Master Plan to 2025<br />
(Approved January 2007)<br />
Public (Bus) Transport<br />
(Decisions No. 02/2001/CT-UB, No. 45/2002/QD-<br />
UB and Official letters No. 89/UB-DT and No.<br />
16<br />
Articulates Vietnam’s transport policies, set priorities and<br />
defines some targets for transport infrastructure,<br />
services and industries.<br />
Specifies functions, responsibilities, and organization of<br />
Ministry of Communication and Transport.<br />
Sets out government policy for national, provincial,<br />
urban and rural roads.<br />
Establishes traffic and road safety rules, defines six<br />
classes of roads and the responsibilities for their<br />
financing and administration.<br />
Establishes technical standards for the definition of the<br />
different road classes; and defines procedures for<br />
infrastructure planning and project approval.<br />
Specifies the broad responsibilities for VEC.<br />
Organizational and operational charter of the company<br />
to be established by the Board of Directors.<br />
Defines rules and procedures for 4-wheel motor vehicles<br />
to undergo regular vehicle inspection for technical safety<br />
and environment protection<br />
Establishes the corporation as the operator of rail<br />
services.<br />
Places policy, development and regulatory functions in<br />
VNRA.<br />
Regulates railway activities, including investment,<br />
construction, and management of infrastructure,<br />
management of vehicles and participants on train<br />
operations including 3 rd party operators, railway traffic,<br />
safety. Delegates rail and MRT responsibility to Cities<br />
and Provinces.<br />
Master plan that lays out investment strategy including a<br />
focus on bus development until 2025.<br />
Plan to promote public transport. Describes ‘Model Bus’<br />
scheme on pilot routes with increased frequencies new<br />
(government subsidized) buses and associated
Sector Legal Provision Purpose<br />
1637/UB-DT) improvements in infrastructure.<br />
Establishing the Management Authority for<br />
Urban <strong>Rail</strong>ways<br />
(HC PC Decree 119/ 2007/QD-UBND).<br />
Decision 5350/QD-UB of HCMC PC of 1 October<br />
1997<br />
17<br />
Urban rail and MRT preparation, construction, and<br />
arrangement of operations and maintenance. Updating<br />
of Urban <strong>Rail</strong> including MRT Master Plan.<br />
Establish Saigon Bus<br />
Decision No. 4196/QD-UB-NC Establishment of MOCPT (under TUPWS)<br />
Decision No. 355/1998QD-UB-NC Approval for organization and activity regulations of<br />
MOCPT (TUPWS)<br />
Decision No. 321/2003/QD-UB of 30 Dec 2003 Regulations for Management of Public Passenger<br />
Transport by Bus in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong><br />
Decision 49/2005/QD-UB of HCMC PC Amendment of Decision No. 321/2003/QD-UB of 30 Dec<br />
2003<br />
Decision No: 101/ QD-TTg of 22 January 2007 Mass Rapid Transit master plan<br />
Urban traffic congestion prevention program<br />
Decision No. 72/2005/QD-TTG<br />
5 point program on urban traffic congestion prevention.<br />
Includes enhancing public transport while restraining<br />
private vehicle ownership and use.<br />
Source: Updated from Table 1, Annex 1 of World Bank (2005). MVA (2006) provided information on various<br />
decisions affecting bus transport<br />
2.4 Transport Agencies and Functions in HCMC<br />
The HCMC PC is the key agency responsible for planning and delivery (ie here referring to<br />
regulation, purchasing of services and oversight, and construction of infrastructure) of public<br />
transport (bus) and mass rapid transit and supporting land use and transport management<br />
functions. Within the PC the following agencies have key roles for urban transport:<br />
� Transport and Urban Public Works Services (TUPWS) which is responsible for<br />
preparation of city transport strategies, the planning and management of construction,<br />
maintaining urban transport infrastructure, planning and managing bus transport; and<br />
coordinating planning and implementation of traffic management with Police. For<br />
planning and regulation of urban public transport (bus/ other) the Management and<br />
Operations Centre for Public Transport (MOCPT) of TUPWS is the most important<br />
agency;<br />
� Management Authority for Urban <strong>Rail</strong>ways (MAUR) 8 – plans and implements rail<br />
based mass transit infrastructure and responsible for operations – refer Section 2.2.2;<br />
� Urban Planning and Architecture Department (DUPA) – Land Use Master Plan<br />
preparation and approval of developments. The process of planning is normative and<br />
appears not to reflect market preferences nor what is optimal in terms of infrastructure<br />
and social services provision. Land approvals are separately made by the Department of<br />
Natural Resources and Environment (DNRE) with little linkage to the Master Plan.<br />
Similarly infrastructure planning is made with little reference to the Master Plan. In<br />
addition, even for individual building and more major developments there are no<br />
specific standards or guidelines providing certainty to developers on how much Gross<br />
8 Until September 2007, it was known as the Urban <strong>Rail</strong>way Management Unit and was under TUPWS.
Floor Area (GFA) they can build or other conditions such as building set back and<br />
building form; and<br />
� Department of Planning and Investment – investment promotion, coordination of<br />
investment including development of development assistance from IFIs and bilateral<br />
sources;<br />
� Department of Finance – treasury, budget, investment planning and arrangement of<br />
sources of finance.<br />
There are a further 19 Departments within the HCMC PC and these are:<br />
� Department of Industry;<br />
� Department of Tourism;<br />
� Department of Natural Resources and Environment;<br />
� Department of Education and Training;<br />
� Department of Science and Technology;<br />
� Department of Labor, War Invalid and Social Affairs;<br />
� Department of Foreign Affairs;<br />
� Department of Agriculture and Rural Development;<br />
� Service of Trade;<br />
� Department of Justice;<br />
� Department of Culture and Information; and<br />
� Department of Construction.<br />
� Department of Health;<br />
� Department of Physical Culture and Sports;<br />
� Department of Post and Telecommunication;<br />
� HCMC Customs Bureau;<br />
� HCMC Tax Bureau;<br />
� HCMC Statistics Bureau; and<br />
� HCMC Department of Fire Brigade.<br />
The key functions of national and local government with respect to transport are mapped by<br />
the main transport agencies responsible for rail MRT, bus and other public transport, roads<br />
and traffic and street management and shown in Table 2.3. This table confirms the important<br />
role of the HCMC PC for urban transport in the city. While further comment is made later in<br />
Section 4 of this Working Paper on the appropriateness of the allocation of functions, it can<br />
be seen that at present, the regulatory (including service specification) and operational<br />
arrangements for urban mass rapid transit are defined as belonging to the newly created<br />
MAUR thus confirming the important role of this PPIAF financed TA in providing<br />
appropriate advice on how best to establish appropriate arrangements.<br />
18
2.5 A Framework for Analyzing Institutional Functions<br />
2.5.1. A Hierarchy of Transport Organization<br />
World Bank (2002) provides a helpful means for ensuring a coherent approach to transport<br />
planning and management, noting that urban transport strategy operates at three levels (refer<br />
Figure 2.2):<br />
� Strategy for the city – which is the concern of the GVN and HCMC PC and other<br />
local governments in the region, which have the responsibility for formulating regional<br />
development policy, for allocating intergovernmental funding transfers, and for<br />
establishing the legal framework within which lower-level authorities and agencies<br />
operate;<br />
� Strategy of the city – which is the concern of HCMC and other local governments as<br />
they are responsible for determining their own internal priorities, supplementing the<br />
resources available from local sources, and allocating the resources at their disposal to<br />
achieve city objectives – it is also the concern of citizens who may not be well heard or<br />
represented through the local political process; and<br />
� Strategy in the city – which is the concern of implementing agencies, both private and<br />
public sector, who have the responsibility for performing tasks for which they are<br />
responsible, and who may have some degree of technical autonomy in undertaking these<br />
duties.<br />
19
Table 2.3: Current Main Transport Agency Functions in HCMC<br />
Functions Transport sector agencies<br />
Policy and Planning<br />
<strong>Rail</strong> (interurban)<br />
MRT Other Public<br />
Transport<br />
Policy and Planning VNRA MAUR TUPWS with advice of<br />
its Management and<br />
Operations Centre for<br />
Public Transport<br />
(MOCPT)<br />
Program development and management for infrastructure provision<br />
20<br />
Roads &<br />
Road Vehicles<br />
TUPWS – local<br />
VRA – national<br />
VEC –<br />
expressways<br />
TDSI/ MOT<br />
Design VNRA, consultants MAUR, consultants TUPWS TUPWS, VRA,<br />
VEC,<br />
consultants<br />
Construction preparation &<br />
management including land<br />
acquisition<br />
VNRA, contractors MAUR, consultants TUPWS TUPWS, VRA,<br />
VEC,<br />
contractors<br />
Delivery of works VNRA, contractors MAUR, contractors TUPWS TUPWS, VRA,<br />
VEC,<br />
contractors<br />
Maintenance VNRA, contractors MAUR, contractors TUPWS TUPWS, VRA,<br />
VEC,<br />
contractors<br />
Financing Government<br />
budget / private<br />
finance<br />
HCMC budget/<br />
IFIs/ bilateral<br />
sources/ private<br />
finance/ MAUR<br />
investment<br />
Service delivery, including operations & maintenance<br />
Provision of services VRC MAUR to arrange<br />
and can participate<br />
in operations by<br />
Decree 119; other<br />
private or foreign<br />
partners<br />
anticipated<br />
Ticketing/ tolls and<br />
marketing<br />
PC Budget / MOCPT<br />
investor role<br />
Saigion Bus Company,<br />
(SGB 100% Stateowned)/<br />
Saigon Star<br />
JV of SGB & overseas<br />
investors, Citranco a<br />
private company with<br />
shareholding by SGB,<br />
and many Cooperatives<br />
(private)<br />
PC / national<br />
budget, tolls/<br />
private finance<br />
for BOT<br />
expressways<br />
UPWS, VRA,<br />
VEC,<br />
contractors<br />
VRC MAUR to arrange MOCPT plus operators TUPWS, VRA,<br />
VEC<br />
Service specification & fares VRNA/ VRC MAUR to arrange TUPWS/ MOCPT VEC for tolls Na<br />
Contracting VRNA/ VRC MAUR to arrange MOCPT TUPWS, VRA,<br />
VEC<br />
Contract compliance VRNA/ VRC MAUR to arrange MOCPT TUPWS, VRA,<br />
VEC<br />
Financing Government<br />
budget/ user fees<br />
MAUR to arrange Government subsidy<br />
and revenue from<br />
passenger fares<br />
Private for BOT<br />
expressways/<br />
government<br />
budget<br />
Regulation & enforcement VRNA/ VRC MAUR to arrange MOCPT/ Police PC Police for<br />
for vehicle<br />
registration &<br />
MOT/ TUPWS<br />
for driver<br />
licensing<br />
Certification and safety MOT Inspectorate MOT Inspectorate Nil As above Na<br />
Source: Table 2.2 (JICA 2004); Table 2.1 (above), MVA (2006) and consultant interviews; Na means Not Applicable.<br />
Traffic & Street<br />
Management<br />
TUPWS & its<br />
Urban Transport<br />
Management<br />
Division (UTMD)<br />
TUPWS & UTMD<br />
TUPWS & UTMD<br />
Saigon Traffic<br />
Management<br />
Company<br />
Saigon Traffic<br />
Management<br />
Company<br />
Government<br />
budget<br />
PC Police /<br />
TUPWS’ Public<br />
Benefit Enterprise<br />
Na<br />
Na<br />
Na<br />
Na<br />
PC Police
These general principles are observed in a general sense with the current split of<br />
responsibilities in HCMC PC and Central Government (ie GVN). Further discussion is<br />
provided in the next section dealing with diagnosis.<br />
Figure 2.2: Allocation of Strategic Functions<br />
Strategy Level Function Agency<br />
“For the city”<br />
“Of the city”<br />
“In the city”<br />
Source: World Bank (2002:154)<br />
• National roads<br />
• Public enterprise<br />
• Tax levels<br />
• Intergovernmental transfers<br />
• Regulation & competition<br />
policy<br />
• Vehicle registration & safety<br />
•Urban structure planning<br />
•Strategic transport planning<br />
•Local road management<br />
•Public transport planning &<br />
procurement<br />
•Traffic management<br />
•Law enforcement<br />
•Road safety<br />
• Public transport operations<br />
• Road construction &<br />
maintenance<br />
21<br />
National ministries<br />
Local / regional government<br />
Local government/ Private<br />
2.5.2. Structuring Transport Activities<br />
In addition to consideration of the “vertical” distribution of transport functions between<br />
levels of government, the “horizontal” distribution of functions within any given level will<br />
have a substantial impact on the effectiveness and efficiency of activities in the transport<br />
sector. The activities undertaken by transport agencies can be categorized as (see also Figure<br />
2.3):<br />
� policy and planning, which involves identifying future strategic needs and developing<br />
the policies and plans required to achieve government objectives. It also includes<br />
monitoring and evaluating the performance of outcomes against government objectives,<br />
using this information to refine strategies, and identifying strategic resource needs;<br />
� regulation, which involves establishing and applying technical standards for safety,<br />
security and environmental performance of public transport, and economic regulation<br />
needed in response to market failure;<br />
� program development and management, which involves translating policies,<br />
strategies and regulatory requirements into specific actions such as programs and<br />
projects and providing oversight and monitoring of their delivery; and<br />
� service delivery, which involves delivering, or ensuring the delivery, of transport<br />
infrastructure and services.
Policy &<br />
strategy<br />
• Policy framework<br />
• Strategic planning<br />
• Regulatory policy<br />
• Financing and<br />
pricing policies<br />
• Performance<br />
monitoring<br />
Source: Study Team<br />
Figure 2.3: Categorizing Government Transport Functions<br />
Regulation<br />
• Setting standards<br />
• Registration &<br />
licensing<br />
• Enforcement<br />
Effectiveness – “doing the right thing”<br />
Reports<br />
These categories of activity serve two broad objectives:<br />
� effectiveness, which is related to ensuring that choices are directed to achieving the<br />
things that the community values, with clear linkages from the desired outcomes to the<br />
outputs of government activities that are needed to achieve the outcomes to, in turn, the<br />
controls, services or other outputs that need to be delivered to achieve these outcomes;<br />
and<br />
� efficiency, which is to provide the identified controls, services or other outputs that<br />
have been decided on at the lowest possible cost.<br />
This approach has a number of implications for institutional management, for example, it:<br />
� identifies the need to establish clear policies and implementing strategies so that those<br />
involved in delivering transport infrastructure and services have an explicit<br />
understanding of what is expected of them;<br />
� ensures a productive tension between those responsible for strategic planning, project<br />
development and delivery;<br />
� reinforces the need for clear allocation of tasks to agencies to avoid ambiguity about<br />
which agency is responsible for each of them;<br />
� indicates the need for performance management systems that are transparent and hold<br />
managers accountable for delivery of agreed outputs;<br />
� shows a need to separate conflicting functions, in particular;<br />
o to separate regulatory from operational activities to avoid the conflict of interest<br />
that arises from an agency regulating itself;<br />
22<br />
Informs<br />
Program<br />
management<br />
• Project planning<br />
• Investment<br />
programming<br />
• Project, financing<br />
& other approvals<br />
• Design, tendering,<br />
contracting<br />
• Concessioning<br />
• Monitoring &<br />
quality assurance<br />
Service<br />
delivery<br />
• Infrastructure<br />
• Services<br />
• Information<br />
Efficiency – “doing the thing right”
o more generally, to separate decisions on effectiveness from those regarding<br />
efficiency so that each area of activity is undertaken with a clear focus; and<br />
o to separate commercial activities from non-commercial activities so that the<br />
former are undertaken in a businesslike way with a unmistakable commercial<br />
imperative; and<br />
� indicates that the private sector can be used to deliver services within a clear framework<br />
set by government, and that the choice of whether to use government agencies or the<br />
private sector to deliver services is a decision that should be based on the approach that<br />
has the lowest cost.<br />
2.6 Diagnosis<br />
Figure 2.2 shows a general allocation of functions that supports transport integrity, minimizes<br />
the overlap between levels of government and community institutions, and which draws on<br />
the respective strengths of these institutions. Comparing current participating agencies with<br />
the allocation of functions in Figure 2.2:<br />
� GVN’s agencies undertake those “for the city” functions such as national railway lines<br />
and highways as is desirable;<br />
� HCMC PC is very heavily involved in “of the city” as is considered desirable by Figure<br />
2.2 dealing with essentially local functions for HCMC citizens;<br />
� Local HCMC firms and agencies are also extensively involved in “in the city” functions<br />
as is desirable.<br />
Although approvals or comment need to be made from the centre (ie national level) what is<br />
proposed and the execution of “of the city” and “in the city” functions is local. Provincial and<br />
city government transport authorities prepare their plans that are then approved by the<br />
People’s Committees and Councils and are then submitted to MPI. These transport authorities<br />
request and receive recommendations on their plans from MOT but are not obliged to follow<br />
them.<br />
World Bank (2005) confirms this analysis while noting some problems by stating that “…the<br />
decentralization of the last decade has been a positive step in moving decision making closer<br />
to those most affected by their outcomes. Not unexpectedly, decentralization has resulted in<br />
difficulties in coordination across different levels of government. While subject to dual<br />
subordination, decentralization has afforded local governments considerable autonomy in<br />
decision making…At present there is no coordinating mechanism to ensure consistency<br />
between national and local plans, and the adherence of local plans to broad planning<br />
guidelines”.<br />
Problems also exist in the vertical distribution of “effectiveness” functions (policy and<br />
strategy, regulation) and “efficiency” functions (program management, service delivery):<br />
� Policy and strategy is weak. World Bank (2005) identifies that the inadequate policy<br />
and planning framework is a major deficiency. At the planning level, there tends to be a<br />
gap between broad government strategies and detailed sectoral plans, as well as a<br />
fragmentation in the responsibilities for developing plans often resulting in long lists of<br />
“wish lists” many of which are not consistent, viable or have the required financing.<br />
Some of the projects that get implemented were not in the plan. The basis for the<br />
selection of the projects that end up being implemented is not clear. Agencies at PC<br />
level do not appear to get involved in early formal coordination with each other but do<br />
so at the PC level where scope for optimization is limited. Feasibility studies are<br />
23
excessively focused on technical matters and not on demand or pricing matters. The<br />
planning process can also be characterized by suboptimal resource allocation at various<br />
levels with misallocation between new investment and maintenance, among modes and<br />
among different investments within each sub sector. The separation of planning and<br />
budgeting decisions creates a “disconnect” between planning for new investment and<br />
maintenance”. Section 2.2 confirms these observations of the World Bank<br />
� Regulatory functions need to be improved. The capacity/authority of public<br />
regulatory agencies in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> needs to be strengthened (World Bank 2005).<br />
� Program management is poor. Bus routes are allocated to operators in an ad-hoc<br />
manner even though operators receive significant subsidies which are likely not<br />
sustainable nor audited (World Bank 2005).<br />
� Regulatory and service delivery functions are compromised by involvement of the<br />
PC in both. For example, some bus operators providing bus services are directly owned<br />
by the PC. Construction firms also are units of the PC competing for contracts<br />
procured by the PC. Project Management Units responsible for implementation on<br />
behalf of PCs and donor agencies are weak and resultant construction quality is poor as<br />
is time performance. This comment also potentially applies to the new Management<br />
Authority for Urban <strong>Rail</strong>ways under Decree 119 of HCMC PC.<br />
� Service eg bus and other contracting delivery is of less than desirable efficiency<br />
and quality.<br />
Overall, World Bank (2005) summarizes the main challenges facing the transport sector in<br />
Viet Nam as “(1) how to increase efficiency in both resource utilization and service delivery,<br />
(2) how to achieve adequate and sustainable financing and (3) how to facilitate growth for<br />
future urbanization.” These challenges are formidable given the rapid growth of the economy,<br />
associated motorization and related congestion, emissions and crashes.<br />
Other problems noted by World Bank (2005) and JICA (2004) relevant to urban transport are:<br />
� Rigid planning process, lack of cross boundary coordination between local<br />
governments, unstructured peri-urban growth, distorted land markets;<br />
� Poor traffic organization as a result of a lack of a traffic management culture and<br />
fragmentation of responsibilities between different elements of the PC’s Public Works<br />
Department (responsible for planning, designing, implementation and some elements of<br />
enforcement) and the traffic police (responsible for operations and most enforcement);<br />
and<br />
� Resettlement is a major source of implementation delay in transportation projects due to<br />
(a) lack of sufficient resources (b) inadequate capacity for managing resettlement policies<br />
(c) limited awareness and lack of transparency leading to inequity in resettlement, may<br />
delay implementation; and (d) the differences in resettlement regulations between GVN<br />
and donors.<br />
24
3. Factors Affecting the Role & Structure of an Apex Public<br />
Transport Agency and Relevant Functions<br />
3.1 Policy Framework<br />
The development and provision of public transport in HCMC needs to be guided by clear,<br />
sound policies. This needs to occur within a hierarchical framework of an urban transport<br />
strategy for the metropolitan region, which in turn fits within an urban development strategy.<br />
It is not the role of the current review to review or establish these policy frameworks.<br />
<strong>Ho</strong>wever, it is noted that ambiguity in them will almost certainly result in unclear and probably<br />
conflicting public transport policies, and hence in public transport that fails to achieve its<br />
potential. As it is generally difficult to attract people from car or motorcycle travel to public<br />
transport, deficiencies in the provision and management of public transport will have long<br />
lasting, if not permanent, detrimental effects on the economic, social and environmental<br />
performance of HCMC.<br />
Some key policy needs for public transport that influence the role and nature of institutions in<br />
the transport sector are:<br />
� Defining desired outcomes. Above all other things, it is necessary to be clear about<br />
the outcomes that the government wishes with regard to the provision of public<br />
transport. The outcomes should to be defined with reasonable preciseness and<br />
prioritized so that those charged with managing public transport are able to make<br />
decisions on investment and services needed to achieve them.<br />
� Linking land use and public transport development. Public transport needs to<br />
respond to the travel needs of people, and hence be closely linked to the locations to<br />
and from which people need to travel. Land use also needs to be sufficiently flexible<br />
that it can respond to the improved accessibility offered by, in particular, new MRT<br />
facilities. There is a need to monitor the patterns and rate of urban development to<br />
ensure that the proposed extensions remain pertinent and to assist in re-prioritizing the<br />
network development program. There is also a need for explicit policies with regard to<br />
land use controls and development to ensure that property developments make best use<br />
of the improved accessibility offered by the rail lines.<br />
� Coordinated, multi-modal transport planning. The future MRT lines will gain some<br />
of their demand from walk-in patronage. Their full potential will, however, only be<br />
achieved if they are supported by complementary transport services such as feeder buses<br />
and motorcycle and car access. Even so, the rail lines can meet only a part of public<br />
transport travel demand, and there will remain a major need for buses and more local<br />
forms of public transport to serve travel needs that cannot be met by the MRT lines.<br />
� Public transport service standards and planning. Many cities in developed countries<br />
have had a single public transport agency that has been responsible for planning and<br />
providing public transport. The trend in many countries in the last decade or two to<br />
contract out public transport service provision suggests that there is a worthwhile role<br />
for service providers in the planning of services (eg routes and schedules) in association<br />
with communities and their representatives (eg Larwin 2005, Preston 2005, van de<br />
Velde 1999, Wallis and Lupton 1999). This allows operators to shift resources so that<br />
services are both cost-effective and meet passenger needs. If service planning is to be<br />
dispersed, be it somewhat or substantially so, there is a need for a central authority to<br />
establish minimum standards to which operators and others must comply, for example<br />
25
locations to which feeder bus services should be provided, hours of service operations,<br />
and the location of bus stops.<br />
� Integration of public transport services. A rail line can only provide direct services to<br />
people traveling between locations along the line. This will be a relatively small share of<br />
total travel. Even in cities with a dominant Central Business District (CBD) and hence a<br />
greater ability for people to travel directly, it is common for up to about one-quarter of<br />
trips by public transport to still involve a transfer, eg Singapore about 25% of trips<br />
involve a transfer, while the share is 33% in Adelaide and 40% in Melbourne. In cities<br />
such as London, New York and Tokyo where land use is more distributed and the<br />
public transport system more complex, an even higher share of people need to<br />
interchange to undertake their journey. The ease of these interchanges can do much to<br />
improve the attractiveness of public transport to people and hence attract patronage.<br />
Three factors support this: improved physical linkages; a common ticketing system; and<br />
an integrated fare system.<br />
� Investment planning and decision-making. There is a need to ensure that proposed<br />
investment projects represent the best value to the community. This requires that<br />
problems be clearly identified and alternative approaches to address the problems be<br />
considered. The estimation of project benefits needs to take account of network effects<br />
in the public transport system and externalities such as reduced environmental impacts.<br />
� Role of the private sector. World Bank (2007) identified the need for, and recognition<br />
by GVN that, an increased role for private sector finance and operations of<br />
infrastructure including transport is needed in future. At the same time the need to<br />
reduce the proliferation of State Owned Enterprises engaged in all aspects of<br />
infrastructure delivery and operations or at the least to enhance their efficiency is<br />
warranted. The new BOT law is a sign of this recognition as is the current partial role<br />
for private firms to operate bus services in HCMC.<br />
3.2 Hierarchy and Structure<br />
The identified framework for analyzing institutional functions set out in Section 2.5 can also<br />
be used to assign the key public transport including MRT functions defined below.<br />
3.3 Key Public Transport Management Functions<br />
One conceptual arrangement for an Authority is to be responsible for all aspects of public<br />
transport, from policy through to being the agency that operates services. This approach of a<br />
public monopoly is an arrangement that no longer represents good practice because of the<br />
lack of separation of conflicting responsibilities and because monopoly provision of services<br />
results in higher costs and reduced quality than is possible with other delivery mechanisms.<br />
Accordingly, this model is rejected from the outset. The focus is instead on arrangements that<br />
more clearly separate policy, regulation, system management and operations and which seek to<br />
make best use of the private sector to reduce unit costs and improve service quality and<br />
innovation.<br />
Taking account of the discussion in previous sections, the responsibilities of an Authority<br />
most clearly relate to the provision of efficient public transport. On this basis, the core<br />
functions for an Authority that includes MRT are:<br />
� project planning and programming, including preparation of business case for projects,<br />
coordinating projects, and budget programming;<br />
26
� coordinating requests for funding for infrastructure development and, where needed,<br />
subsidies for service provision;<br />
� infrastructure delivery, which will includes establishing financing arrangements, the<br />
manner for delivering projects, and taking account of life-cycle costs and management;<br />
� public transport services delivery – through concessions 1 or other business-like<br />
arrangements;<br />
� fare policy, ticketing, and revenue management, which would be a minor activity if there<br />
was no integrated fares and ticketing but is otherwise more complex; and<br />
� passenger information and marketing.<br />
The “effectiveness” function needs to be the responsibility of a different and independent<br />
agency probably located at <strong>City</strong> or Regional Level to provide the policy direction and strategic<br />
planning framework for public transport development in HCMC that the Authority is to<br />
deliver in the most efficient manner.<br />
3.4 Other Issues<br />
Other issues that assist in defining the scope of the activities, and hence the form, of an<br />
Authority include:<br />
� Level of government. HCMC’s geographical area of authority is less than the entire<br />
region of Greater HCMC. While local government involvement in an Authority is<br />
important, looking to the long term, it may not be appropriate for this reason for the<br />
HCMC PC to be the level of government to which the Authority should be responsible.<br />
It is common in other countries for an Authority to be responsible to a level of<br />
governments with a broader responsibility than the city (eg to state governments in<br />
Australia or regional groupings of local government in the USA) where there is no local<br />
government authority for the city as a whole. In the first instance, HCMC PC and other<br />
provincial governments in the region could be involved in the Authority through<br />
membership of an advisory committee.<br />
� Community involvement. Gaining cooperation and insights from a range of groups in<br />
the community, for example, business, disabled, environmental and others, can improve<br />
the effectiveness of public transport (eg Booth and Richardson 2001). This can be<br />
achieved through, for example, their involvement in various advisory committees of a<br />
Authority.<br />
1 The general experience is that provision of public transport services by the private sector under contract to an<br />
Authority results in lower costs than provision of services by the Authority and other government agencies.<br />
Wallis and Hensher (2005) reports that competitive tendering for the provision of bus services “resulted in unit<br />
cost reductions mostly in the range of 20% to 50%. It is noted that the extent of these savings is influenced both<br />
by the cost efficiency of the previous monopoly) service provider, and by numerous factors relating to the design<br />
and management of the competitive process and the existence of a strong market of potential suppliers”. There<br />
has been only limited experience with the competitive tendering of former government provided train services,<br />
with no known studies reporting on cost savings.<br />
Various contractual arrangements between an Authority and the private sector can be used to provide services,<br />
including gross cost service contracts, net cost service contracts, management contracting, franchising and<br />
concessions (World Bank 2002). The principal differences between these contractual arrangements relate to the<br />
allocation of responsibilities for provision of assets, planning of public transport services, and payment<br />
arrangements. The allocation of financial risk between the Authority and contractors can vary within each of<br />
these contracting arrangements.<br />
27
� <strong>Metro</strong> rail ie MRT expertise. Special expertise is needed to effectively manage the<br />
development and operation of mass rail transit because of its special characteristics,<br />
including high frequency of service, technology and safety standards that reflect the<br />
intensity of human activity associated with them, and integration with other public<br />
transport modes and urban activity in general. The expertise is also different to that<br />
pertinent for other types of railway operations such as freight and commuter or regional<br />
passenger services. Seeking to develop this expertise in more than one agency is both<br />
wasteful and likely to result in no agency having effective capacity for some time. There<br />
is no agency in Viet Nam currently involved in urban rail MRT.<br />
� Funding policy. The initial financial analysis of this PPIAF study and experience and<br />
from other places, indicates that the Government will, with little doubt, need to<br />
continue finance fixed infrastructure for future rail lines in HCMC. Fare revenue is<br />
needed to finance other infrastructure and provision of services but is likely to be<br />
inadequate to recover all operating and maintenance costs. There may be some, though<br />
limited, opportunity to develop land or air-rights associated with rail lines. Thus, the<br />
capacity for an Authority to generate revenue that can be used to service debt will be<br />
limited to modest property prospects and any additional hypothecated taxes that<br />
government might impose and assign to the Authority. The latter could include<br />
“betterment taxes” (ie a tax on the increase in property values attributed to rail projects)<br />
or charges for use of roads along which rail lines are located – though these are difficult<br />
to apply in practice - or more general taxes such as an annual property tax or surcharges<br />
on vehicle registration fees or fuel tax. The capacity for the Authority to independently<br />
borrow will depend on the extent to which it can gain secure and significant revenue<br />
from these sources. But at present these taxes or charges are specified by national laws<br />
and any revision would apply nationally, and would be equally be to all infrastructure<br />
types and programs, in every local government. Even if this was possible, the question<br />
remains as to whether it is worthwhile developing the high level of expertise in<br />
Authority needed for it to gain independent access to capital markets. In the end it may<br />
be simpler and more cost-effective to leave fund generation to PC’s HIFU and /or DPI<br />
with MOF equivalent other than with respect to development of land and air-rights that<br />
are assigned to the Authority and which it may be able to develop in a way that is<br />
supportive of the rail system.<br />
� Extent of public transport integration. The effectiveness of an MRT system will be<br />
maximized through integration with other public transport services and integration of<br />
ticketing and fare systems for public transport. Achieving this adds technical and<br />
institutional challenges, and requires the Authority to have a broader capacity than<br />
simple delivery of rail mass rapid transit lines with private delivery of rail services.<br />
28
4. Potential Institutional Arrangements for Delivering Integrated<br />
Public Transport<br />
4.1 Institutional Options<br />
Given the previous discussion, the alternative arrangements for an Authority relate primarily<br />
to the scope of its functions rather than to the underlying functions themselves. On this basis,<br />
four options for improved institutional arrangements for HCMC are identified:<br />
� Option 1: Strengthen the Management Authority for Urban <strong>Rail</strong>ways (MAUR).<br />
Refer Figure 4.1. Currently, the MAUR is solely responsible for coordinating all<br />
proposals for urban rail system development, including those by potential donors. To<br />
date, however, MAUR has taken what appears to be a somewhat passive role regarding<br />
rail line proposals in which all are welcomed irrespective of investment cost, operating<br />
and maintenance cost characteristics, ability to meet demand and cost recovery. MAUR<br />
is also responsible for planning and implementing rail based mass transit infrastructure,<br />
and arranging MRT operations, but requires strengthening in these yet to be performed<br />
functions as it will in specifying and procuring an appropriate MRT operator or<br />
operators to provide integrated MRT services. Land acquisition and resettlement<br />
problems delay many projects and require specialist expertise. Given the planned<br />
volume of new MRT lines in future, the current dedicated land acquisition and<br />
resettlement function within MAUR may need to be strengthened. This Option 1<br />
therefore requires a strengthened MAUR that goes beyond treating MRT as a series of<br />
construction projects ie an Authority for MRT or <strong>Metro</strong>politan Transit Authority<br />
(MTA). In this option, MAUR would be responsible for ensuring the planning and<br />
arrangement of operation for a fully integrated passenger rail system for HCMC. As an<br />
Authority MAUR would (a) plan effectively by seeking to meet demand (b) consider the<br />
whole of life attributes of proposed MRT; (c) arrange construction and operations (d)<br />
procure contractors for construction of civil works; (e) procure services to be operated<br />
so that they are all on the same basis; and (f) plan and program works and budgets in a<br />
disciplined manner. It would take overall transport policy and transport guidance from<br />
TUPWS of which its predecessor organization was a part. This option would enable<br />
MRT ticketing and fares to be integrated as long as MRT operating concessions are<br />
consistent. An independent rail safety regulator is also envisaged as required by the<br />
<strong>Rail</strong>ways Act. A revision to the current Decree 119 establishing MAUR does not appear<br />
to be required except where the Decree authorizes fundamental conflicts of interest<br />
between regulator and operator functions and so on. Future operators whether private,<br />
joint venture (between government and private) and wholly government should be kept<br />
at “arms length” and operate under a clearly defined contractual structure. This option is<br />
similar to the Mass Rapid Transit Authority in Bangkok, Thailand although in Bangkok<br />
two other agencies also provide similar functions thus hampering network integration. It<br />
is understood that MAUR is currently proposing to revise its organizational structure<br />
and comment and recommendations on an appropriate revised organizational<br />
arrangement are provided below.<br />
� Option 2: Interim Public Transport Authority. Refer Figure 4.2. This option builds<br />
on Option 1 (Strengthened MAUR) and proposes also a high level permanent<br />
committee at the PC level most likely chaired by the Chairman of the PC (or the Vice<br />
Chairman) to provide strong direction from the top and improve coordination<br />
horizontally between TUPWS and MAUR and with other important departments such<br />
as Department of Planning and Investment, Department of Finance and Department of<br />
Urban Planning and Architecture. This arrangement has existed in the past in Bangkok,<br />
29
Thailand, through the standing Committee for Management of Land Transport, chaired<br />
by the Prime Minister. While currently inactive the Committee’s function was more<br />
important when fragmentation of various agencies under different ministries existed.<br />
Currently, almost all relevant agencies including two agencies responsible for urban rail<br />
or MRT are under the authority of the Minister of Transport. A third MRT authority is<br />
the Bangkok <strong>City</strong> government which although under the purview of the Minster of<br />
Interior, is largely independent.<br />
� Option 3: Integrated Public Transport Authority. Refer Figure 4.3. In this option<br />
the proposed Integrated Public Transport Authority would be solely responsible for<br />
ensuring the delivery and operation of a fully integrated public transport system<br />
(MRT and bus) for HCMC. This option would enable all public transport ticketing<br />
and fares to be integrated as long as MRT and bus operating arrangements are<br />
consistent. The proposed new Authority would take overall transport policy and<br />
transport guidance from TUPWS as for previous options. It would create a new formal<br />
structure in which civil works design and procurement and services would be arranged<br />
by new Engineering Design and Procurement and Operations Divisions respectively.<br />
Care would be taken to ensure that in a single organization (as for Option 1) that policy<br />
and operational functions are sufficiently separated to avoid a conflict of interest. Under<br />
this option, close links would be developed with TUPWS (as for Options 1 and 2) and<br />
with the Department of Planning and Investment, Department of Finance and<br />
Department of Urban Planning and Architecture. [Under this option TUPWS would<br />
give up its responsibility for bus service planning and contracting and construction and<br />
maintenance of bus facilities, but would retain its road planning and construction<br />
functions]. As a true apex organization the proposed Authority would be staffed<br />
by very senior and respected official to direct the organization and cultivate the<br />
needed relationships for the new organization to fulfill its potential. This is a<br />
common arrangement for public transport system management around the world eg<br />
Brisbane, Australia and Stockholm, Sweden. An independent rail safety regulator and<br />
possibly a new bus safety regulator is also envisaged – the rail safety regulatory functions<br />
are a Ministry of Transport responsibility but the bus safety regulation function could be<br />
developed as a new skill at PC level within the proposed Integrated Public Transport<br />
Authority.<br />
� Option 4: Integrated Transport Authority. Refer Figure 4.4. In this option, a<br />
wholly integrated Authority would plan the multi-modal network, specify the<br />
services, program the investment (including roads, MRT and bus) in conjunction<br />
with the PC and Department of Planning and Investment and Department of Finance,<br />
and procure the services to be operated so that they are all on the same basis, thus<br />
enabling integrated fares and ticketing and integrated investment according to overall<br />
need. A close coordinating role with the Department of Urban PLanning and<br />
Architecture is also envisaged to coordinate land use developments at MRT stations and<br />
in conjunction with new road developments. As for Option 4 it is envisaged that very<br />
close coordination between DPI and the Authority would exist. This is a common<br />
arrangement for transport system management (eg Singapore, <strong>Ho</strong>ng Kong, London )<br />
around the world. An independent rail safety regulator is also envisaged.<br />
The nature of each of the improved institutional options and the allocation of the<br />
responsibilities of proposed agencies are elaborated in Table 4.1. Linkages with other agencies<br />
are shown in Figures 4.1 to 4.4 respectively.<br />
30
Feature Option 1:<br />
Strengthen MAUR<br />
Table 4.1: Improvement Options<br />
Option 2:<br />
Interim PT Authority<br />
Integration of<br />
public transport<br />
(1)<br />
in HCMC<br />
Increasing Increasing<br />
Transport<br />
outcome<br />
Fairly good MRT<br />
integration possible<br />
Description Minimum change to<br />
current institutional<br />
responsibilities.<br />
Examples from<br />
other places<br />
Benefits for<br />
customers<br />
<strong>Ho</strong>ng Kong &<br />
Singapore in the 1980s<br />
Ease of use of MRT<br />
with integrated<br />
ticketing and easy<br />
interchanging where<br />
MRT lines intersect<br />
possible<br />
Transport policy & planning (2)<br />
Introduction<br />
Fairly good MRT<br />
integration more likely<br />
As for Option 1 but<br />
improved direction &<br />
coordination<br />
31<br />
Option 3:<br />
Integrated PT<br />
Authority<br />
Option 4:<br />
Integrated<br />
Transport Authority<br />
Increasing integration �<br />
Fully integrated PT<br />
system more probable<br />
Strong direction and<br />
purpose for PT<br />
Bangkok in 1990s Melbourne and<br />
Brisbane, Australia<br />
Ease of use of MRT<br />
with integrated<br />
ticketing and easy<br />
interchanging where<br />
MRT lines intersect.<br />
Integration with buses<br />
likely.<br />
Agency responsibilities<br />
Passengers able to use<br />
the PT system as<br />
though it was a single<br />
system, with fares,<br />
tickets, marketing and<br />
presentation<br />
integrated. Physical<br />
integration good.<br />
Urban planning DUPA DUPA DUPA DUPA<br />
Fully integrated public<br />
transport system<br />
Strong direction and<br />
purpose for transport &<br />
land use<br />
<strong>Ho</strong>ng Kong, Singapore<br />
As for Option 3 but<br />
better integration with<br />
land use and road<br />
network.<br />
Transport policy TUPWS TUPWS TUPWS Integrated Transport<br />
Authority<br />
Strategic transport<br />
planning<br />
Financing<br />
policies<br />
Fares policy and<br />
service<br />
standards<br />
Regulation (3)<br />
Safety<br />
standards<br />
Environmental<br />
standards<br />
Economic<br />
regulation (5)<br />
TUPWS TUPWS TUPWS Integrated Transport<br />
Authority<br />
DPI & DOF DPI & DOF DPI, DOF with advice<br />
of Integrated PT<br />
Authority<br />
MAUR for MRT;<br />
TUPWS/ MOCPT for<br />
bus<br />
Independent regulator;<br />
TUPWS for bus<br />
MAUR for rail; TUPWS/<br />
MOCPT for bus<br />
Independent regulator;<br />
TUPWS for bus<br />
Integrated PT Authority<br />
for MRT and bus<br />
Independent regulator;<br />
Integrated PT Authority<br />
for bus<br />
DNRE DNRE DNRE DNRE<br />
MAUR MAUR/ Interim PT<br />
Authority<br />
Public transport program management (4)<br />
Program<br />
coordination &<br />
direction<br />
Project planning<br />
& feasibility<br />
studies<br />
Investment<br />
programming &<br />
financing<br />
approval<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR/ DPI/DOF/ PC MAUR/ DPI/DOF/ PC Integrated PT<br />
Authority / DPI/DOF/<br />
PC<br />
DPI, DOF with advice<br />
of Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority for MRT and<br />
bus<br />
Independent regulator;<br />
Integrated Transport<br />
Authority for bus<br />
Integrated PT Authority Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority / DPI/DOF/ PC
Feature Option 1:<br />
Strengthen MAUR<br />
Option 2:<br />
Interim PT Authority<br />
32<br />
Option 3:<br />
Integrated PT<br />
Authority<br />
Project design MAUR MAUR Integrated PT<br />
Authority<br />
Environmental &<br />
other approvals<br />
MAUR/ DNRE MAUR/ DNRE Integrated PT<br />
Authority/ DNRE<br />
Tendering MAUR MAUR Integrated PT<br />
Authority<br />
Contract<br />
management<br />
Infrastructure<br />
maintenance<br />
MRT service<br />
design<br />
Concession<br />
preparation and<br />
management<br />
Service delivery<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
<strong>Rail</strong> services Operators/<br />
Concessionaires<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
MAUR MAUR Integrated PT<br />
Authority<br />
MAUR MAUR Integrated PT<br />
Authority<br />
Operators/<br />
Concessionaires<br />
Operators/<br />
Concessionaires<br />
Option 4:<br />
Integrated<br />
Transport Authority<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority/ DNRE<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
MRT operators/<br />
concessionaires (for<br />
operations)<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority<br />
Operators/<br />
Concessionaires<br />
Bus services Operators Operators Operators Operators<br />
Ticketing and<br />
fare collection<br />
Single contract under<br />
PC<br />
Single contract under<br />
PC<br />
Single contract under<br />
Integrated PT Authority<br />
Marketing Operators Operators Integrated PT Authority<br />
and operators<br />
Single contract under<br />
Integrated Transport<br />
Authority<br />
Integrated Transport<br />
Authority and<br />
operators<br />
(1) All options cover the provision of formal public transport in Greater HCMC. (2) Covers setting of policies within which<br />
agencies do detailed project planning & implementation & provision of services. (3) In the case of public transport,<br />
regulation relates primarily to safety. Vehicle registration and driver licensing, which are applicable for bus services, are not<br />
addressed because they are the same for all options. Economic regulation needs to be treated as an integral part of the<br />
Transport Policy and Planning function, though some aspects such as anti-monopoly regulation will be managed by other<br />
government agencies. (4) Includes activities to put strategies into practice strategies, including development and<br />
implementation of projects and arranging for the delivery of public transport and ancillary services. (5) Includes control over<br />
entry to the market (eg how many buses and companies are allowed) and control of fares.<br />
Source: Consultant
Source: Study Team<br />
Figure 4.1: Key lines of responsibility for Option 1 – “Strengthen MAUR”<br />
Figure 4.2: Key lines of responsibility for Option 2 – “Interim Public Transport Authority”<br />
Source: Study Team<br />
33
Figure 4.3: Key lines of responsibility for Option 3 – “Integrated Public Transport Authority”<br />
Source: Study Team<br />
Figure 4.4: Key lines of responsibility for Option 4 – “Integrated Transport Authority”<br />
Source: Study Team<br />
34
4.2 Assessment of Options<br />
For the purpose of evaluating these options, the following criteria are judged to best reflect<br />
the outcomes that are desired from changed institutional circumstances are:<br />
� Clarity of public transport management, eg ability to ensure consistent direction and<br />
priorities for public transport, a focus on core functions, involvement of transport users,<br />
and the risk of BITA reverting to inertia given its comprehensive role.<br />
� Appropriateness of the institutional structure, eg clear allocation of responsibilities,<br />
accountability for outcomes, separation of potentially conflicting functions, links with<br />
key partners, and ease of implementation.<br />
� Ability to deliver projects and services, eg businesslike, prepare programs, secure<br />
funding, tender, award and supervise concessions.<br />
� Ability to meet passenger needs, eg integration of fares and services, provision of<br />
information on services, integration with land use.<br />
An assessment of the options with respect to these criteria is shown in Table 4.2. While the<br />
assessment unavoidably involves judgment, it is intuitively evident that Option 3 (Integrated<br />
Public Transport Authority) is the most appropriate in for ensuring integrated public transport<br />
including MRT and bus system development and services for HCMC. Option 4 (Integrated<br />
Transport Authority) carried Option 3 a step further and integrates all transport including<br />
roads.<br />
All options assume use of one or more private sector operators or a corporatized government<br />
operator (not proposed by us) to efficiently deliver MRT services, with continued use of the<br />
private sector for delivery of bus services.<br />
As a practical matter in the first instance a strengthened MAUR (Option 1) is an important<br />
first step for institutional improvement and is documented below.<br />
35
Clarity of strategic direction�<br />
Ensure consistent directions &<br />
priorities<br />
Table 4.2: Comparison of Institutional Options<br />
Existing<br />
arrangements<br />
Option 1:<br />
Strengthen<br />
MAUR<br />
36<br />
Option 2:<br />
Interim PT<br />
Authority<br />
Option 3:<br />
Integrated<br />
PT Authority<br />
Option 4:<br />
Integrated<br />
Transport<br />
Authority<br />
- �� ��� ��� ����<br />
Focus on core functions � �� �� ��� ���<br />
Involvement of transport users - -� �� ��� ���<br />
Risk of inertia - -� -� �� ���<br />
Appropriateness of the institutional structure�<br />
Clear allocation of responsibilities � ��� ��� ��� ���<br />
Accountability for outcomes - �� �� ��� ���<br />
Separation of conflicting functions - �� �� ��� ���<br />
Links with key partners - �� ��� ��� ����<br />
Pace/extent of change Na� � �� ��� ����<br />
Ability to deliver projects and services�<br />
Businesslike arrangements - �� �� �� ��<br />
Ability to prepare and manage<br />
programs<br />
- �� �� �� ��<br />
Secure funding - �� �� ��� ���<br />
Project implementation - �� �� �� ��<br />
Concession management - �� �� �� ��<br />
Ability to meet passenger needs�<br />
Ticket and fare integration - �� ��� ���� ����<br />
Marketing and information - �� �� ��� ���<br />
Integration of public transport and<br />
land use<br />
Conclusion Change<br />
needed<br />
Source: Consultant<br />
- -� -� �� ���<br />
Fair for<br />
Integrated<br />
MRT<br />
4.3 Building Technical and Managerial Capacity<br />
Fair for<br />
Integrated<br />
Bus and<br />
MRT<br />
Good for<br />
Integrated<br />
Bus and<br />
MRT<br />
Good for<br />
Integrated<br />
Transport<br />
Depending on the option eventually chosen, with the exception of Option 4 (Integrated<br />
Transit Authority) the proposed agency will have a key role in working to efficiently and<br />
effectively connect high level transport policy and plan making done by TUPWS to detailed<br />
implementation.<br />
DPI will continue to have an important role in overseeing the performance of the transport<br />
sector in terms of fiscal monitoring, but would also benefit from having a stronger MAUR or<br />
Integrated Public Transport Authority to provide economic regulation and technical<br />
management of MRT (and/or bus) investment programming and management of annual<br />
MRT operating budgets, and desirably for other public transport.<br />
Economic regulation and oversight involves issues of pricing including fares, subsidies (and<br />
community service obligations), competition, concessioning including compliance supervision<br />
and requires skills in economics and to associated legal and financial impacts.<br />
Technical supervision of rail MRT and public transport investments and their integrated<br />
operation requires high level knowledge and skills in:
� interpreting transport policy and master plans prepared by TUPWS and central<br />
government’s MOT and providing appropriate feedback and advice;<br />
� translating these policies and plans into appropriate forward work programs that can<br />
result in timely and efficient implementation of MRT, other public transport<br />
improvements and reforms, and integrative systems;<br />
� providing appropriate advice to TUPWS/ DPI/ DOF/ DUPA and other agencies as<br />
required; and<br />
� appropriate coordination with the Department of Natural Resources and Environment.<br />
While the PC is acting to strengthen MAUR (under Options 1 and 2) or if it intends to create<br />
an Integrated Public Transport Authority (Option 3) or an Integrated Transport Authority<br />
(Option 4) it should be careful to match the skills and capabilities of the people to be engaged<br />
and /or transferred to the desired new organization and its structure taking full account of the<br />
needed capabilities in high level economic and technical supervision and oversight.<br />
The ADB/ PPIAF and PPTA team will later identify the scope of capacity building activities<br />
for the future.<br />
4.4 Legal Basis for Integrated Transport or Integrated Public Transport<br />
An important complementary measure to a preferred institutional arrangement to achieve<br />
integrated transport or public transport only would be a new law 1 to mandate that all agencies<br />
are responsible for achievement of an integrated transport or public transport system.<br />
In Appendix C we have identified the possible outline content of a new law to achieve<br />
integrated public transport. This is not to say achievement of integrated transport is not<br />
desirable however.<br />
1 This is a development of the concept recommended by MVA in 2006 for BRT in which they recommended the<br />
need for a “White Paper” ie a high level policy on public transport.<br />
37
5. Some Lessons on Organizational Structure for Efficient MRT<br />
5.1 Overview of Lessons from Other Cities<br />
A review was undertaken of institutional and delivery arrangements for public transport in<br />
other cities. Tables B.1 and B.2 summarize institutional and delivery arrangements for public<br />
transport in other cities that either have some similar arrangements to key Asian cities eg<br />
Singapore, <strong>Ho</strong>ng Kong), where private sector finance and organizations are used to delivery<br />
public transport) or are similar in character to HCMC in jurisdictional terms (eg London,<br />
which is a dominant city in a unitary state and has also used a mix of delivery mechanisms for<br />
public transport).<br />
The review indicates there to be a wide variety of possible institutional arrangements. Indeed,<br />
each city has characteristics with regard to the management and delivery of public transport<br />
that differentiates it from other cities. This reflects historic, constitutional, political, financial,<br />
social and other factors. In some cases the arrangements have changed little over time, while<br />
in others change has occurred more frequently. Nevertheless, key lessons that are evident are:<br />
� All cities except Kuala Lumpur and Bangkok have an apex organization (eg an<br />
Authority) that is responsible for managing all public transport.<br />
� Of the Authorities (or equivalent organization) in the 12 cities reviewed in detail, 6 are<br />
government departments (ie directly responsible to the minister for the department), 4<br />
are government authorities (with a board), and two are corporatized government<br />
agencies. Most organize transport across their entire metropolitan region.<br />
� All Authorities are responsible for the tactical (ie not long term) planning of urban<br />
public transport and ensuring the delivery of services. Some also undertake strategic<br />
planning. As far as can be established, the policy framework for public transport is<br />
determined by higher levels of government. The general dependence on subsidies<br />
requires Authorities to operate within the fiscal discipline of government finance<br />
agencies.<br />
� Only one Authority (New York) both manages public transport and provides all services<br />
using its own employees (through subsidiary companies). In contrast, Stockholm,<br />
Bogota and Melbourne engage private companies to provide all services (with the<br />
companies generally selected through competitive tendering, though there are<br />
negotiated contracts for some bus services in, for example, Melbourne). Other agencies,<br />
to varying extents, provide services using their own resources, or engage corporatized<br />
government operators and public and private companies to provide services (either with<br />
competitively tendered or negotiated contracts). That is, use is made of the full possible<br />
range of means for providing services.<br />
� Two Authorities (London and Singapore) are also responsible for roads as well as public<br />
transport – while not responsible for all roads, the Authority in New York is in charge<br />
of toll bridges and tunnels.<br />
� Six Authorities have boards to direct their activities (ie the four that are statutory<br />
authorities and the two corporatized government agencies). It appears that members of<br />
the boards are appointed by government in all cases. Boards range from entirely nongovernment<br />
directors in the case of London to government representatives in Bogota.<br />
Interest groups (labor and community) are represented on the board in New York and<br />
Athens. Authority executives are generally not members of their boards, though there<br />
are exceptions (eg Athens).<br />
38
� Authorities are responsible to local government in only three places (London, Bogota<br />
and New York) and the same, in effect, in the city-states of Singapore and <strong>Ho</strong>ng Kong.<br />
Local government is represented on the board in Athens. The remaining 6 Authorities<br />
are responsible to national or state governments.<br />
� Where services are provided by a number of agencies or companies, ticketing, marketing<br />
and branding is usually centralized within a division of the Authority or by a<br />
government owned corporation.<br />
� Only two cities have an Authority that can issue bonds (New York and, in the case of<br />
<strong>Ho</strong>ng Kong, the MTR, which is an arm of the Government that is now listed on the<br />
stock market). In these cases, the Authorities are able to issue bonds because they have<br />
their own sources of income that can support borrowing, eg property income and, for<br />
New York, hypothecated taxes.<br />
� Two Authorities are explicitly funded by a share of fare revenue (2% of fare revenue in<br />
Athens, and 4% in Bogota). The higher share in Bogota may reflect the role that the<br />
Authority has in developing a bus rapid transit system for the city as well as provision of<br />
established public transport services.<br />
� <strong>Rail</strong>way infrastructure is always owned by government in one form or another. In <strong>Ho</strong>ng<br />
Kong the railway operators develop infrastructure and provide services within a<br />
framework set by government. New York is similar. In Singapore and other cities, a<br />
central agency plans, funds and builds the rail fixed infrastructure and contracts out<br />
operations through concessions. In Bangkok, the two MRT concessions were BTO<br />
form.<br />
� <strong>Ho</strong>ng Kong is the only city where rail companies come close to securing sufficient<br />
revenue to meet the entire capital and operating cost of trains. It also appears that<br />
railways in Tokyo are able to recover operating costs and a significant share of capital<br />
costs from fare revenue. The TransMilenio busway system in Bogota involves<br />
government finance of fixed infrastructure, with all other costs recovered from fares.<br />
Within the limits of available information, it appears that governments finance most if<br />
not all fixed infrastructure and rollingstock, and often subsidize operating costs,<br />
especially in wealthier countries.<br />
5.2 Guidance for HCMC’s MAUR<br />
Three cities in the Asian region reviewed in Table B.1 provide useful lessons good and bad for<br />
HCMC. These cities are Bangkok, Singapore and <strong>Ho</strong>ng Kong.<br />
From Bangkok both good and bad lessons can be learned. The bad lessons are that:<br />
� Having three agencies responsible for MRT (ie SRT, BMA and MRTA) leads to<br />
duplication in the MRT network and poor prioritization as each agency wants its lines<br />
developed at any cost. Refer Figure 5.1; and<br />
� Each line is developed separately with its own ticketing systems and fare structures with<br />
little hope of integration.<br />
The good lessons are that:<br />
� The private sector can be used to provide expertise and capital and develop into world<br />
class operating entities in a relatively short time (Allport 2004).<br />
39
� Thailand’s Mass Rapid Transit Authority (although one of three agencies responsible for<br />
MRT) is the closest to a reasonably well functioning Authority for MRT. In the past<br />
MRTA focused principally on engineering but it is recognized that operations, finance<br />
and their management are just as important.<br />
� MRTA as does the other two MRT agencies operates within the overall transport policy<br />
and planning advice of government.<br />
MRTA’s structure is also shown in Figure 5.1 and shows that its three key groups are:<br />
� Engineering;<br />
� Administration; and<br />
� Operations including concessioning and management.<br />
<strong>Ho</strong>ng Kong and Singapore provide similar but contrasting lessons (Refer Figure 5.2). Both<br />
developed their MRTs in the late 1970s to mid 1980s and initially created a special<br />
government MRT organization (department of government). In <strong>Ho</strong>ng Kong there was an<br />
existing government regional rail operator the Kowloon Canton <strong>Rail</strong>way. They were both<br />
corporatized in the 1990s and have since been listed on the stock market. (In October 2007<br />
their shareholders agreed to a merger). These MRT operators are essentially private firms<br />
today but operate within the policy framework of government. <strong>Ho</strong>ng Kong has private bus<br />
operators also and an integrated smart card-based ticketing system. Ticketing is provided by a<br />
separate organization under the guidance of the Transport Department and ticketing is not<br />
provided as part of operational agreements.<br />
Singapore’s history is somewhat similar but differs in an important respect. In the 1995, the<br />
Singapore Government prepared its transport policy for integrated transport. This “White<br />
Paper” on transport laid out the basis for creation of the Land Transport Authority and<br />
corporatization of the Singapore Mass Transit organization to become SMRT Corp. (a<br />
government-owned corporation). LTA sets the policy framework, invests and the SMRT<br />
operates agreed services on a gross cost basis.<br />
In the late 1990s, the Singapore government decided to develop two multi modal (ie MRT and<br />
bus) operators. It merged SMRT and the government-owned TransIsland Bus Services to<br />
create one operator and allowed SBS Bus Services to develop into an MRT operator by<br />
awarding it the concession (after competitive tender) for the North East Light MRT project.<br />
SBS Transit provides these services on a gross cost basis. As a result Singapore has an<br />
integrated bus and MRT network and integrated fares and ticketing. The key lessons for<br />
HCMC are:<br />
� All MRT and bus service provision takes place within the government’s determined<br />
policy eg on fares;<br />
� Two MRT (and bus) operators exist – a Government owned corporation and a new<br />
private operator. The private operator was permitted to develop for benchmarking and<br />
strategic reasons;<br />
� MRT and bus services are provided on a gross cost basis and all fares collected from<br />
passengers are remitted to government; and<br />
� Ticketing is provided by a separate organization under LTA and ticketing is not<br />
provided as part of operational contracts.<br />
40
Source: Study Team<br />
Source: MRTA, Thailand<br />
Figure 5.1: MRT Arrangements in Bangkok, Thailand<br />
41
Figure 5.2: Integrated Transport Arrangements in <strong>Ho</strong>ng Kong and Singapore<br />
Source: TD, <strong>Ho</strong>ng Kong<br />
Source: LTA, Singapore<br />
42
Figure 2.1 showed the current broad structure of the MAUR HCMC. Advice was sought by<br />
MAUR staff on some principles for revising the current organizational structure to better<br />
carry out its new responsibilities. The challenge in any re-structure is how to observe key<br />
functions and the creation of formal business-like relationships within the conventions of the<br />
current governmental norms. Consequently, a simplified suggestion on how important MRT<br />
functions may be structured in future is shown in Figure 5.3 1 . Key points are:<br />
� Policy advice to the PC determined by the MAUR board based on the advice of their<br />
technical departments (general transport policy framework jointly determined with<br />
TUPWS);<br />
� Management of MRT operations clearly separated from operational entities whether<br />
government-owned or not;<br />
� Ticketing operations done as single contract for the entire MRT network; and<br />
� All functions appropriately resourced.<br />
Source: Study Team<br />
Figure 5.3: Possible Revised Structure for MAUR<br />
1 This suggested structure is consistent with Option 1 “Strengthened MAUR” discussed in Section 4.<br />
43
Appendix A: Trends in the Management & Provision of Public<br />
Transport<br />
The way in which public transport has been provided has changed over time. This is not<br />
immediately apparent from the comparison of current institutional arrangements presented in<br />
the previous section.<br />
A common development pattern for public transport has been, in the first instance, for it to<br />
be provided by the private sector with only a modest role for government. This included rail<br />
infrastructure, though it has been common over time for the infrastructure to be taken over<br />
by government when the private sector failed to achieve expected financial returns. Examples<br />
include development of the initial lines of the London Underground in the later 19 th and early<br />
20 th century, and street-car (ie tram) lines in the USA in the 1930s.<br />
Changing economic and social conditions in developed countries made bus services<br />
unprofitable by the late 1960s. Together with other changes such as a reaction against urban<br />
freeways, rises in fuel prices and a desire for improved public transport, the trend in developed<br />
countries in the 1970s was for governments to take full responsibility for urban public<br />
transport. This usually involved establishing a government agency that was responsible for<br />
ensuring the provision of integrated public transport for a city. Commonly, the agency also<br />
owned public transport assets and provided services. The now collapsed State-owned bus<br />
operators in HCMC and Hanoi may be seen as a product of this era.<br />
These changes enabled major improvements, in particular integration of routes, services, fares<br />
and ticketing across all modes of public transport. <strong>Ho</strong>wever, there were also disadvantages, in<br />
particular decreasing productivity that resulted in rising unit costs. To varying extents, quality<br />
of service and innovation also declined.<br />
Ground-breaking reforms by the government in the United Kingdom in the early to mid-<br />
1980s, the substantial, and sometimes radical, economic and regulatory policy reform that<br />
followed in New Zealand, microeconomic reform in Australia in the early 1990s, and related<br />
trends in South America and Europe have resulted in a new model for provision of public<br />
transport (eg see van de Velde 2001 1 ). While there is considerable variation in the models<br />
used, general features are:<br />
� government is responsible for ensuring the provision of an integrated public transport<br />
system;<br />
� the private sector deliver public transport services (and infrastructure projects selected<br />
by government) through contracts with the government that are awarded on the basis of<br />
competitive tendering; and<br />
� government meets the difference between the cost of providing services and revenue<br />
collected from passengers.<br />
This model has not been adopted everywhere, but it represents the current trend and is<br />
considered best practice (eg World Bank 2002). The trend is illustrated in Figure A.1. HCMC<br />
has the opportunity to move more directly to this model, which allows improved, integrated<br />
public transport to be delivered at lowest possible cost.<br />
1 The biannual International Conference on Competition and Ownership in Land Passenger Transport initiated<br />
in 1987 has followed the subject – see http://www.itls.usyd.edu.au/conferences/thredbo/thredbo_main.asp.<br />
44
H<br />
i<br />
s<br />
t<br />
o<br />
r<br />
i<br />
c<br />
Dispersed public transport service<br />
provision<br />
- Limited role by government for<br />
service planning & integration.<br />
- Services provided by the private<br />
sector, and sometimes infrastructure<br />
also.<br />
- Limited or no government subsidy.<br />
Alternative,<br />
direct route<br />
for change<br />
Objective:<br />
avoid poor<br />
service and<br />
high cost of<br />
centralized<br />
approach<br />
Source: Study Team<br />
Figure A.1: Development Patterns for the<br />
Provision and Management of Public Transport<br />
Typical development<br />
approach in<br />
the past<br />
Objective:<br />
improve and<br />
integrate public<br />
transport<br />
45<br />
Centralized public transport operator<br />
- Government agency.<br />
- Integrated service planning and provision.<br />
- Services and infrastructure provided by the<br />
government agency.<br />
- Increasing costs & decreasing service<br />
quality.<br />
Trend in 1990s,<br />
e.g. Europe,<br />
S. America,<br />
NZ & Australia<br />
Objective: better services<br />
and reduced unit costs<br />
through effective use of the<br />
private sector<br />
Public transport management government<br />
- Government agency.<br />
- Integrated fares, ticketing and services.<br />
- Services provided by private operators under contract to the<br />
government.<br />
- Government pays contractors for services using performance<br />
based contracts with appropriate incentives and penalties.
Appendix B: Review of Other Arrangements for Management &<br />
Provision of Public Transport<br />
A review was undertaken of institutional and delivery arrangements for public transport in<br />
other cities. Tables B.1 and B.2 summarize institutional and delivery arrangements for public<br />
transport in other cities that either have some similar arrangements to key Asian cities eg<br />
Singapore, <strong>Ho</strong>ng Kong), where private sector finance and organizations are used to delivery<br />
public transport) or are similar in character to HCMC in jurisdictional terms (eg London,<br />
which is a dominant city in a unitary state and has also used a mix of delivery mechanisms for<br />
public transport). Table B.3 provides additional information.<br />
46
Table B.1: Examples of institutional arrangements for public transport in selected Asian and Australian cities<br />
Feature Kuala Lumpur,<br />
Malaysia<br />
General introduction<br />
Region covered<br />
Similar operating environment.<br />
Malaysian<br />
MoF bought back two<br />
existing MRT operators<br />
in 2001. Government<br />
developing an<br />
integrated ticketing<br />
multi-modal ticketing<br />
& payment system in<br />
Klang Valley centered<br />
on KL.<br />
Area (sq. km) 243 (excludes Klang<br />
Valley)<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
Strong unitary government<br />
with clear<br />
policy framework.<br />
Multi-modal operators<br />
being encouraged<br />
with area franchises<br />
and integrated ticketing<br />
system implemented<br />
in 2002.<br />
Strong unitary government<br />
with clear<br />
policy framework.<br />
Two rail and several<br />
bus operators being<br />
promoted. integrated<br />
ticketing system implemented<br />
in 1997.<br />
Integrated public<br />
transport under direction<br />
of the Ministry of<br />
Land, Infrastructure,<br />
and Transport (MLIT)<br />
with highly marketbased<br />
incentives. Individual<br />
operators are<br />
responsible for marketing,<br />
fares and ticketing<br />
with MLIT’s<br />
permission. Integrated<br />
ticketing system implemented<br />
in 2000.<br />
648 1,098 2,200 (Tokyo<br />
metropolitan city).<br />
7,850 (Suburban)<br />
48<br />
State government<br />
management of public<br />
transport system in<br />
Melbourne, by agency<br />
(DOI) which is also<br />
responsible for the<br />
road system. Train,<br />
LRT & bus services<br />
provided by private<br />
operators within an<br />
integrated framework.<br />
Informal coordination<br />
with local government.<br />
Brisbane,<br />
Australia<br />
State government<br />
management of public<br />
transport system.<br />
Train, bus & ferry<br />
services provided by<br />
corporatized state<br />
government agencies,<br />
a major local government<br />
& private bus<br />
operators within an<br />
integrated framework.<br />
Informal coordination<br />
with other local governments.<br />
8,800 2,800 870<br />
Bangkok, Thailand<br />
Similar operating environment.<br />
Regional<br />
train and bus services<br />
by State Enterprises ie<br />
State <strong>Rail</strong>ways of<br />
Thailand and Bangkok<br />
Mass Transport Authority<br />
respectively.<br />
Two MRT lines provided<br />
by different<br />
combinations of private<br />
finance and are<br />
operated by private<br />
firms. A third line to<br />
new Airport under<br />
development. Three<br />
agencies currently<br />
have MRT responsibilities.<br />
Population (m) 1.4 4.2 7 12.1 (Tokyo m. city) 3 2.6 (regional) 11 (regional)<br />
Public transport system features<br />
Length of fixed track line<br />
<strong>Rail</strong> 56 km (Star LRT &<br />
Putra MRT) & 58 km<br />
Express <strong>Rail</strong> Link to KL<br />
International Airport.<br />
150km electrified<br />
suburban rail system<br />
(KTM). 9 km monorail.<br />
128 km including 19<br />
km of LRT<br />
MTRC (119 kms incl.<br />
35 km Airport<br />
Express) and KCRC<br />
(34 km East <strong>Rail</strong>, 36<br />
km Tsuen Mun LRT<br />
and 31 km West <strong>Rail</strong>)<br />
Suburban (1,431 km<br />
for JR-East, and 1,650<br />
km for private<br />
railways including<br />
subway); 13,827 km<br />
bus<br />
336km rail<br />
245 km tram (double<br />
track)<br />
300km metropolitan<br />
part of South East<br />
Queensland<br />
44 km MRT<br />
27Km Airport MRT<br />
(construction)<br />
Over 150km more<br />
planned<br />
Busway None None None None None 18.4 km First line under construction<br />
by local government,<br />
the BMA
Feature Kuala Lumpur,<br />
Malaysia<br />
Rollingstock<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
No. trains/LRV NA NA NA NA 158 train sets, 480<br />
trams<br />
49<br />
Brisbane,<br />
Australia<br />
Bangkok, Thailand<br />
100 train sets 55 MRT 3 car train<br />
sets approx; further 9<br />
Airport Line train sets<br />
being procured<br />
No. buses 2,000 3,700 19,000 NA 1,500 1,000 10,000<br />
Other<br />
Passenger<br />
boardings/weekday<br />
(m,<br />
circa 2004))<br />
Private Sector<br />
Involvement<br />
Approx 0.26m per day<br />
on STAR and PUTRA,<br />
0.045m on monorail<br />
and 0.07m on KTM<br />
Private STAR and<br />
PUTRA rail<br />
concessions taken<br />
back into a public<br />
asset corporation &<br />
merged after financial<br />
failure. Airport<br />
Express & monorail<br />
operated separately.<br />
KTM operates nationwide.<br />
Two major<br />
nation-wide bus<br />
companies.<br />
2.5m on MRT and bus 3.2m on MRT Tokyo city 27m<br />
Suburban 43m<br />
Government funding<br />
of MRT infrastructure<br />
& rollingstock. Two 2<br />
multimodal<br />
operators created.<br />
SBS Transit operate<br />
North East Line<br />
(20km) and bus<br />
services & SMRT the<br />
remainder (now<br />
incorporating Trans<br />
Island Bus Services)<br />
Five private sector<br />
companies bus<br />
services. Former govtowned<br />
MTRC now<br />
listed on stock<br />
exchange. MTRC has<br />
issued bonds for<br />
railway development.<br />
Regional railway<br />
(KCRC) is government<br />
owned.<br />
Suburban:<br />
JR-East has the<br />
largest share (34%).<br />
21 private sector<br />
companies.<br />
Tokyo metropolitan<br />
city owns Tokyo<br />
metropolitan subway<br />
and bus.<br />
0.37m (rail), 0.37m<br />
(tram) & 0.26m (bus)<br />
Train: franchised to 2<br />
operators in 1999 but<br />
re-franchised to 1<br />
operator in 2004<br />
Tram: franchised to 2<br />
operators in 1999 Refranchised<br />
to 1<br />
operator in 2004.<br />
Buses: several private<br />
operators<br />
0.13m (rail), 0.2m<br />
(bus & water)<br />
15 private bus<br />
operators server outer<br />
suburbs. All other<br />
public transport<br />
services provided by<br />
corporatized state<br />
government agencies<br />
0.60m on MRT; 7.0m<br />
on bus and other public<br />
modes<br />
35 private bus companies<br />
under contract<br />
to BMTA State Enterprise<br />
urban bus operator<br />
plus some 1,500<br />
owners of small vehicles<br />
involved in urban<br />
transport; 2 MRT<br />
concessionaires:<br />
Bangkok Transit <strong>System</strong><br />
Corp for Bangkok<br />
<strong>Metro</strong>politan Administration’s<br />
elevated<br />
24km BTO Skytrain<br />
project (1999 opening)<br />
& Bangkok <strong>Metro</strong><br />
Corp Ltd for MRTA’s<br />
BTO Blue Line Subway<br />
Operations and E&M<br />
concession (2004<br />
opening)
Feature Kuala Lumpur,<br />
Malaysia<br />
Features of the MTA (or equivalent)<br />
Name No formal MTA at<br />
present. National<br />
government through<br />
PM department has<br />
dominated. All<br />
concessions under<br />
MOT. Concessions and<br />
SPNB regulated by<br />
MOT. Proposal for a<br />
KL Urban Transport<br />
Authority under<br />
Authority under PM<br />
Dep’t (Allport 2004)<br />
Organizational<br />
form<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
Land Transport<br />
Authority (LTA)<br />
Statutory authority<br />
under the Ministry of<br />
Transport. LTA<br />
responsible for all<br />
modes of transport<br />
(incl roads). LTA has<br />
the structure of a govt<br />
department.<br />
Board None 7 members drawn<br />
from govt and private<br />
sector.<br />
Local government<br />
involvement<br />
KL <strong>City</strong> Government<br />
represented on KL<br />
transport committee<br />
in absence of an<br />
integrated authority<br />
None – some<br />
consultation with<br />
District Councils<br />
Transport Department<br />
(TD). Reports to<br />
Transport Advisory<br />
Committee (CTA) &<br />
Transport Policy<br />
Coordination<br />
Committee. <strong>Rail</strong>way<br />
Corporations<br />
regulated by TD’s<br />
Transport Branch.<br />
Government<br />
department.<br />
No formal authority.<br />
Ministry of Land,<br />
Infrastructure, and<br />
Transport (MLIT)<br />
supervises public<br />
transport system.<br />
MLIT has a <strong>Rail</strong>way<br />
Bureau and a Road<br />
Transport Bureau.<br />
Also, under MLTI are<br />
local bureaus such as<br />
Kanto Regional<br />
Development Bureau<br />
for the larger<br />
suburban area.<br />
50<br />
Department of<br />
Infrastructure’s<br />
Director of Public<br />
Transport is the State<br />
of Victoria’s<br />
Administrator of Public<br />
Transport<br />
Government<br />
department –<br />
establishes<br />
arrangements with<br />
infrastructure &<br />
service providers<br />
through contracts.<br />
Brisbane,<br />
Australia<br />
TransLink (a division<br />
of Queensland<br />
Transport or QT)<br />
Government<br />
department –<br />
establishes<br />
arrangements with<br />
infrastructure &<br />
service providers<br />
through contracts.<br />
None None None Translink is a part of a<br />
government<br />
department and has<br />
no board<br />
None None except Tokyo<br />
metropolitan subway<br />
and bus subsidized by<br />
Tokyo metropolitan<br />
city.<br />
None – some<br />
consultation with<br />
District Councils<br />
State Government &<br />
Brisbane <strong>City</strong> Council<br />
(BCC), agree to<br />
cooperate through<br />
Capital <strong>City</strong> Transit<br />
Group (CCTG)<br />
Bangkok, Thailand<br />
No formal MTA. 2<br />
MRT agencies (ie SRT<br />
and MRTA) under<br />
supervision of Ministry<br />
of Transport and one<br />
Bangkok <strong>Metro</strong>politan<br />
Administration for<br />
under Minister of Interior.<br />
Largely independent<br />
agendas but<br />
share common MRT<br />
Master Plan prepared<br />
by MOT’s Office of<br />
Transport & Traffic<br />
Policy & Planning<br />
(OTP).<br />
BMA is a local government<br />
& SRT and<br />
BMTA are State-Enterprises.<br />
BMTA and SRT have<br />
boards.<br />
Local government (ie<br />
Bangkok) involvement<br />
in Skytrain only. No<br />
coordination with<br />
other local governments<br />
in region.
Feature Kuala Lumpur,<br />
Malaysia<br />
Institutional responsibilities<br />
Policy & strategy There is a holistic<br />
strategy for national<br />
development & an<br />
urban transport<br />
strategy. Not fully<br />
effective (Allport<br />
2004)<br />
Infrastructure<br />
provision and<br />
financing<br />
All new MRT lines<br />
were built & funded<br />
by private sector. KTM<br />
is national railway<br />
operator.<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
Comprehensive multimodal<br />
strategy<br />
established in 1996<br />
and regularly updated.<br />
Strong integration<br />
with land use and<br />
other sectors (eg Info<br />
Communications<br />
Technology)<br />
All MRT lines funded<br />
by Government.<br />
Comprehensive multimodal<br />
strategy &<br />
modal strategies<br />
regularly updated.<br />
KCRC & MRTC develop,<br />
operate &<br />
maintain MRT infrastructure.<br />
Until recently<br />
a property<br />
based MRT financing<br />
avoided the need for<br />
public subsidy of development<br />
of MRT.<br />
MTRC can issue bonds<br />
in own right since has<br />
revenues from property<br />
& railway operations.<br />
Strong market-based<br />
operations by<br />
individual operators<br />
are encouraged by<br />
MLIT. Strategic<br />
decisions are made by<br />
individual operators<br />
with MLIT’s approval.<br />
Individual operators<br />
are expected to earn<br />
fare revenues to cover<br />
not only direct operating<br />
costs but also<br />
indirect costs including<br />
infrastructure<br />
costs. JR was owned<br />
by MLIT, but was<br />
privatized in 1987.<br />
Since then it has received<br />
no subsidy<br />
from MLIT.<br />
51<br />
State government<br />
transport department<br />
establishes transport<br />
policy and an<br />
implementing strategy<br />
within broader urban<br />
strategy.<br />
Financed by state<br />
government grants<br />
and implemented by<br />
government agencies<br />
using private contractors.<br />
Investment<br />
decisions subject to<br />
normal budget<br />
process with priorities<br />
determined by policy<br />
priorities.<br />
Brisbane,<br />
Australia<br />
State government<br />
transport department<br />
establishes transport<br />
policy and an<br />
implementing strategy<br />
within broader urban<br />
strategy.<br />
Financed by state<br />
government grants<br />
and implemented by<br />
government agencies<br />
using private contractors.<br />
Investment<br />
decisions subject to<br />
normal budget<br />
process with priorities<br />
determined by policy<br />
priorities.<br />
Bangkok, Thailand<br />
MOT’s OTP<br />
Financed by national<br />
budget and loans from<br />
IFIs. Usually implemented<br />
by government<br />
agencies using<br />
private contractors.<br />
Investment decisions<br />
subject to normal<br />
budget process with<br />
priorities determined<br />
by policy priorities.<br />
Private finance in 2<br />
MRT concessions.
Feature Kuala Lumpur,<br />
Malaysia<br />
Operation and services<br />
Provision Individual operators<br />
for rail & bus – see<br />
above. Current focus<br />
is to restructure based<br />
on: (1) A new Urban<br />
Transport Authority to<br />
be established under<br />
PM (2) an assetowning<br />
Company<br />
SPNB (PUTRA, STAR,<br />
Intrakota, Park May)<br />
who would contract<br />
OpCo to operate all<br />
services (Allport<br />
2004).<br />
Ticketing and<br />
marketing<br />
KL’s common payment<br />
system (tolls, parking<br />
as well as public<br />
transport fares)<br />
system was<br />
implemented in 2003.<br />
using a cashless card<br />
(Touch’n’Go). <strong>System</strong><br />
for public transport<br />
was developed by the<br />
7 major public<br />
transport operators<br />
who formed a joint<br />
ticketing company<br />
known as Uniticket.<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
2 multi-modal<br />
operators under<br />
concession to govt.<br />
Concessions usually<br />
start at 10 years and<br />
can be extended to 30<br />
years. Standards for<br />
services set by an<br />
independent Public<br />
Transport Council<br />
established in 1987.<br />
15 Council members<br />
are drawn from<br />
distinguished<br />
community leaders.<br />
Ez-Link, an integrated<br />
fare system using<br />
smart cards, was<br />
implemented in 2002 -<br />
Ez-Link is a company<br />
and a subsidiary of<br />
the LTA. Individual<br />
operators established<br />
a jointly owned<br />
company to integrate<br />
marketing,<br />
information provision<br />
& physical integration.<br />
See above. The<br />
merger of KCRC and<br />
MTRC is planned to<br />
integrate their<br />
networks & services<br />
and lead to better<br />
future provision.<br />
Creative Star supplied<br />
& operated integrated<br />
ticketing system since<br />
1997. Government<br />
owned.<br />
In principle, individual<br />
operators are<br />
responsible for<br />
provision of services,<br />
as well as<br />
maintenance of assets<br />
and infrastructure.<br />
MLIT supervises and<br />
provides guidelines<br />
where necessary. In<br />
some cases, local<br />
authorities provide<br />
supports or directly<br />
intervene, to maintain<br />
specific services.<br />
Integrated ticketing<br />
system implemented.<br />
In 2000, a prepaid<br />
“Passnet Card”, which<br />
is valid for 22 private<br />
railway and subway<br />
companies in Tokyo,<br />
was introduced. In<br />
2001, an IC “Suica”<br />
card was introduced<br />
by JR-East. In 2006, a<br />
new integrated IC<br />
card will be<br />
introduced. Good<br />
voluntary coordination<br />
among individual<br />
operators exists.<br />
52<br />
Government provides<br />
services through<br />
contracting.<br />
Operational planning<br />
is the responsibility of<br />
franchisees within the<br />
terms of franchises<br />
that specify a<br />
minimum service<br />
standard & an<br />
Operational<br />
Performance Regime<br />
(OPR). <strong>Rail</strong> operators<br />
financially rewarded<br />
or penalized according<br />
to OPR performance<br />
against an agreed<br />
benchmark.<br />
Integrated ticketing<br />
system implemented<br />
for several years. New<br />
integrated ticketing<br />
system recently<br />
contracted. Networkwide<br />
services provider<br />
(passenger<br />
information &<br />
marketing) is provided<br />
by Metlink Victoria Pty<br />
Ltd which is owned by<br />
the operators & the<br />
Bus Association of<br />
Victoria<br />
Brisbane,<br />
Australia<br />
TransLink developed<br />
new contractual<br />
arrangements<br />
between the state<br />
government and bus<br />
operators. Queensland<br />
Transport’s <strong>Rail</strong>, Ports<br />
& Freight Division<br />
oversee urban and<br />
state-wide rail<br />
services & pay<br />
subsidy.<br />
TransLink is<br />
implementing &<br />
managing the new<br />
integrated ticketing<br />
system. It also<br />
provides centralized<br />
marketing & provision<br />
of information to the<br />
public.<br />
Bangkok, Thailand<br />
BMTA operates bus<br />
services & subcontracts<br />
least<br />
profitable bus services<br />
to private sector.<br />
MRTA concessisoned<br />
operations and<br />
maintenance and E&M<br />
investment incl. trains<br />
and depot to BMCL, a<br />
private consortium.<br />
BMA arranged BTO<br />
concession for all<br />
investment to BTSC in<br />
early 1990s – new<br />
BMA lines to be for<br />
operations and some<br />
E&M investment only.<br />
Currently separate<br />
MRT concessions with<br />
own ticketing systems<br />
and fare structures.<br />
Desire to develop<br />
integrated ticketing<br />
and fares but w/o<br />
concession contract<br />
revision this will not<br />
be possible. Ditto for<br />
bus.
Feature Kuala Lumpur,<br />
Malaysia<br />
Financing Fare revenue plus<br />
specific payments (eg<br />
PUTRA/STAR) or<br />
general budget<br />
support from national<br />
government.<br />
Singapore <strong>Ho</strong>ng Kong, <strong>Chi</strong>na Tokyo, Japan Melbourne,<br />
Australia<br />
Government requires<br />
MRT projects to fund<br />
incremental operating<br />
costs and asset<br />
replacement costs<br />
from incremental<br />
farebox and ancillary<br />
revenues<br />
Until recently no<br />
public subsidy was<br />
required in rail<br />
operations. Change in<br />
the property market &<br />
two poorly performing<br />
projects have led to<br />
government finance<br />
becoming necessary<br />
(Allport 2004)<br />
Basically individual<br />
operators are<br />
expected to earn fare<br />
revenues to cover not<br />
only direct operating<br />
costs but also indirect<br />
costs.<br />
53<br />
Revenues only cover a<br />
proportion of costs<br />
(the remainder of<br />
income coming from<br />
fixed payments set at<br />
the bid stage plus<br />
incentive payments).<br />
Franchisees required<br />
to maintain condition<br />
of infrastructure.<br />
Brisbane,<br />
Australia<br />
TransLink collects all<br />
revenue for operators.<br />
Pays operators on<br />
basis of the services<br />
they provide (on a<br />
per-km basis or on the<br />
basis of purchasing a<br />
basket of services for<br />
a set fee).<br />
Bangkok, Thailand<br />
MRT concessionaires<br />
retain all revenues.<br />
BMTA deficit financed<br />
by government.<br />
Sources: ADB (2006a) with original sources cited as follows Kuala Lumpur (consultant ie ADB 2006a); Singapore (consultant and Allport 2004); <strong>Ho</strong>ng Kong<br />
(consultant); Tokyo (Ms. Rika Yuasa, Researcher, Japan Bank for International Cooperation); Melbourne (consultant); Brisbane (consultant); and Adelaide<br />
(consultant). Information for Bangkok from PPIAF study team.
Table B.2: Examples of institutional arrangements for public transport in selected cities in the UK, Europe & Americas<br />
Feature London, UK Stockholm, Sweden Athens, Greece New York, USA Bogota, Colombia<br />
General<br />
introduction<br />
Region covered<br />
Powerful, metropolitan<br />
transport agency responsible to<br />
the city’s Mayor. Responsible<br />
for most public transport in<br />
London (& for roads also).<br />
Agency of the Greater London<br />
Authority. Not responsible for<br />
trains using national rail<br />
network. Little direct<br />
involvement by the national<br />
government.<br />
Each county is required to have<br />
a Passenger Transport Authority<br />
– no involvement of the<br />
national government. PTA’s<br />
provide centralized services and<br />
tender / outsource all<br />
operations & services but<br />
develop & fund major<br />
infrastructure.<br />
Public company responsible for<br />
planning, coordination,<br />
monitoring and provision of<br />
public transport in Athens<br />
metropolitan region. Uses<br />
subsidiary, government-owned<br />
companies to provide services.<br />
54<br />
Comprehensive <strong>Metro</strong>politan<br />
Transit Authority for the <strong>City</strong> of<br />
New York that carries out<br />
planning, operations (through<br />
subsidiaries) for all public<br />
transport and tolled bridges and<br />
tunnels and also raises finance<br />
for infrastructure and manages<br />
& implements a major capital<br />
works program.<br />
Area (sq. km) 1,580 6,500 1,470 322 1,590<br />
Population (m) 7.4 2.0 3.7 8.0 7.8<br />
Public transport system features<br />
Length of fixed track line<br />
<strong>Rail</strong> 408km underground (the<br />
“Tube”, with 275 stations);<br />
57km LRT (788km national rail)<br />
na <strong>Metro</strong> line 1 (23 stations), 2 nd<br />
and 3 rd line open.<br />
494 (New York <strong>City</strong> Transit –<br />
NYCT))<br />
TransMilenio established by<br />
city’s Mayor to develop and<br />
operate a busway system for<br />
the city. Provides fixed<br />
infrastructure, & arranges for<br />
the provision of services by<br />
private companies through<br />
contracts.<br />
One minor line only<br />
Busway None None None 53 (NYCT) 84km (with 116 stations, by<br />
end-2006). 388km total length<br />
planned.<br />
Rollingstock<br />
No. trains/LRV 3,980 Not known Not known 6,195 (NYCT) Minor<br />
No. buses 6,200 Not known 1,800 diesel and gas; 400<br />
trolley bus<br />
Other<br />
Passenger<br />
boardings/weekday<br />
(m)<br />
5m (bus), 3m (Tube), 1.4m<br />
(rail), 0.2m (LRT)<br />
0.78m (u/g), 0.18m commuter<br />
rail, 0.68m (tram) & 0.7m (bus)<br />
1.6m (bus), 0.4m (metro line 1) For NYCT, 5.7m (rail) and 3.0m<br />
(bus)<br />
4,457 (NYCT) 1,186 buses for 2006 system,<br />
including 381 feeder buses.<br />
1.4m on 2006 busway system
Feature London, UK Stockholm, Sweden Athens, Greece New York, USA Bogota, Colombia<br />
Private Sector<br />
Involvement<br />
26 companies (mostly private)<br />
provide bus services, and one<br />
operates some LRT services.<br />
Private companies operate<br />
national rail services and<br />
maintain Tube infrastructure.<br />
Features of the MTA (or equivalent)<br />
Private sector operated rail (3<br />
operators), tram & bus services<br />
(3 operators).<br />
Name Transport for London (TfL) Passenger Transport Authority<br />
(PTA) – for Stockholm & 21<br />
other counties required by law.<br />
In Stockholm the PTA is called<br />
“SL”- AB Storstockholms<br />
Lokaltrafik.<br />
Organizational<br />
form<br />
Statutory body established<br />
under Greater London Authority<br />
Act.<br />
Board 12 member Board chaired by<br />
Mayor of London. Members are<br />
not executives of TfL, and have<br />
academic, technical and<br />
community-based backgrounds.<br />
Local government<br />
involvement<br />
Negligible involvement Secondary involvement Government built fixed<br />
infrastructure. Private sector<br />
purchase buses and provide<br />
services. Private company<br />
contracted to provide and<br />
operate fare collection system.<br />
OASA (Athens Urban<br />
Transportation Organization)<br />
Statutory authority Public company, owned by the<br />
national government. Financed<br />
with 2% of public transport fare<br />
revenue<br />
Representatives of local &<br />
county councils & other<br />
respected persons<br />
Entity of the city government. Direct involvement of local &<br />
county councils<br />
11 member board, appointed<br />
for five years: 7 members<br />
represent the government, 2<br />
employees, one from the<br />
Economic and Social Committee<br />
(OKE - a government advisory<br />
board), and one from the Union<br />
of Prefectural Administration of<br />
Greece (ENAE).<br />
55<br />
<strong>Metro</strong>politan Transit Authority<br />
(incorporates New York <strong>City</strong><br />
Transit)<br />
A public-benefit corporation<br />
chartered by New York State in<br />
1965.<br />
17-person Board. Members are<br />
nominated by the Governor,<br />
with some recommended by<br />
New York <strong>City</strong>'s mayor & the<br />
county executives of Nassau,<br />
Suffolk, Westchester, Dutchess,<br />
Orange, Rockland, and Putnam<br />
counties. The Board also has six<br />
rotating non-voting seats held<br />
by representatives of organized<br />
labor and the Permanent<br />
Citizens Advisory Committee<br />
(PCAC),<br />
TransMilenio<br />
Public company, owned by city<br />
government agencies. Financed<br />
with 4% of public transport fare<br />
revenue. 70 staff.<br />
<strong>City</strong> government<br />
representatives, selected by the<br />
Mayor. National government<br />
representation due to onlending<br />
of World Bank funds to<br />
TransMilenio.<br />
One member of the Board See above Leadership from city Mayor and<br />
ownership by city agencies.
Feature London, UK Stockholm, Sweden Athens, Greece New York, USA Bogota, Colombia<br />
Institutional responsibilities<br />
Policy & strategy Responsible to Mayor for<br />
London and London Assembly,<br />
within framework of Greater<br />
London Authority Act.<br />
Operational activities<br />
undertaken separate companies<br />
owned by TfL.<br />
Infrastructure<br />
Provision Private companies maintain the<br />
Tube under contract to TfL<br />
company. Service providers<br />
maintain other infrastructure as<br />
part of service contract with<br />
TfL.<br />
Financing TfL finances infrastructure,<br />
mostly directly, but some<br />
instances of financing through<br />
PPPs. Funding is provided from<br />
local and national government<br />
sources.<br />
Operation and services<br />
Provision TfL operates Tube services,<br />
some LRT, and a few bus<br />
services. All other services are<br />
provided by private companies<br />
under contract to TfL, or private<br />
companies for other rail<br />
services.<br />
Other agencies within county<br />
and local governments<br />
SL provides financing &<br />
development of the total system<br />
Local public transport is<br />
financed both by the county &<br />
the local governments within<br />
the county - ie not by the state.<br />
SL decides about structure,<br />
standards, fares & service<br />
levels. SL contracts out all<br />
operational & station services &<br />
outsourced the operating<br />
subsidiaries from the SL group.<br />
Tendering was made districtwise.<br />
Bus operators supply their<br />
own buses Train operators rent<br />
the rollingstock from SL.<br />
Joint Ministerial Decisions of<br />
Ministers of Economy and<br />
Transport.<br />
56<br />
Responsible to State of New<br />
York Governor for multi-modal<br />
planning, design & construction<br />
& maintenance of<br />
infrastructure.<br />
By associated public companies. MTA’s Capital Construction<br />
Company formed in July 2003<br />
responsible for funding, design<br />
& construction. Other operating<br />
entities of MTA provide<br />
rollingstock & operations.<br />
Government Capital projects are funded from<br />
a combination of bond sales<br />
and federal, state, and local<br />
allocations. MTA has large<br />
property holdings & revenues<br />
from property.<br />
Services provided by public<br />
companies: ETHEL SA (internal<br />
combustion engined buses –<br />
owned by OASA); ILPAP SA<br />
(trolley buses – owned by OASA<br />
and municipal government);<br />
ISAP SA (local electric railway –<br />
owned by OASA); ATTIKO<br />
METRO SA (metro – owned by<br />
the national government);<br />
TRAM SA (trams – owned by<br />
ATTIKO SA); and<br />
PROASTIAKOS SA (suburban<br />
railways – owned by the<br />
national government).<br />
Operating wholly owned entities<br />
of MTA include; New York <strong>City</strong><br />
Transit; MTA <strong>Metro</strong>-North<br />
<strong>Rail</strong>road; MTA Long Island <strong>Rail</strong><br />
Road; MTA Bridges and<br />
Tunnels; & MTA Long Island<br />
Bus. Currently being<br />
reorganized.<br />
Operates within policy<br />
framework established by city<br />
authorities.<br />
TransMilenio plans and arranges<br />
for delivery and maintenance of<br />
fixed infrastructure. <strong>City</strong><br />
government agency arranges<br />
construction. Buses provided by<br />
service contractors.<br />
15% tax on petrol sales in<br />
Bogotá, supplemented with<br />
national government grants, is<br />
used to finance TransMilenio<br />
fixed infrastructure.<br />
Seven private companies<br />
currently provide buses and<br />
services through contracts to<br />
TransMilenio selected through<br />
competitive tendering.<br />
TransMilenio plans services and<br />
operates a central busway<br />
management system.
Feature London, UK Stockholm, Sweden Athens, Greece New York, USA Bogota, Colombia<br />
Ticketing and<br />
marketing<br />
Some tickets usable only within<br />
a single mode, but shifting<br />
towards integrated ticketing for<br />
all modes and services. A<br />
private company (Transys) has<br />
been contracted to develop and<br />
implement the new ticketing<br />
system.<br />
Financing Fare revenue less than public<br />
transport operating costs.<br />
Subsidy needed for some<br />
operating costs and all capital<br />
costs. Finance from local and<br />
national government.<br />
SL provides all marketing,<br />
branding & ticketing<br />
Fare revenue less than public<br />
transport operating costs.<br />
Subsidy needed. Finance from<br />
county & local government.<br />
Maintenance of vehicles by<br />
operators.<br />
Operated by OASA. Provided by MTA. Private company contracted<br />
through competitive tendering<br />
to provide and manage ticketing<br />
and fare collection. A separate<br />
company manages the fare<br />
revenue.<br />
Fare revenue less than public<br />
transport operating costs.<br />
Subsidy needed for some<br />
operating costs and all capital<br />
cost. Financed by government.<br />
57<br />
Funded by fares & other<br />
funding as above.<br />
Cost of bus services, ticketing<br />
and TransMilenio covered from<br />
fares.<br />
Source: ADB (2006a) with original sources cited as follows: principal Sources: London (http://www.tfl.gov.uk/tfl/, Stockholm (Nordstrand 2004)); New York<br />
(www.mta.nyc.ny.us); Athens (http://www.oasa.gr/uk/index_gr.asp, Taxiltaris and Spandou 2005); Bogota<br />
(http://www.transmilenio.gov.co/transmilenio/home.htm and consultants ie ADB 2006a)
Table B.3: Authority ie MTA functions in other cities<br />
Source: Wallis and Lupton (1999)<br />
58
Appendix C: Scoping of the Possible Content of an Integrated<br />
Public Transport Law<br />
An important complementary measure to a preferred institutional arrangement to achieve<br />
integrated transport or public transport only would be a new law 13 to mandate that all agencies<br />
are responsible for achievement of an integrated transport or public transport system.<br />
In this Appendix we have identified the possible outline content of a new law to achieve<br />
integrated public transport. This is not to say achievement of integrated transport is not<br />
desirable however.<br />
Such a law should be applied in all cities throughout Vietnam. But for the purposes of this<br />
Appendix the law has been assumed to apply to HCMC only.<br />
Key concepts related to achievement of an integrated public transport system would be:<br />
A) Key questions<br />
Why is government involved in MRT and public transport at all?<br />
Answer: MRT particularly involves a large investment with mainly non monetary benefits to<br />
users and urban traffic and environment – it would not be provided if not for government<br />
involvement.<br />
Why does government need to regulate MRT and public transport?<br />
Answer: Government involvement is needed to provide financial support for investment and<br />
future operations, facilitate safe and convenient travel and ensure that public transport<br />
maximizes external benefits.<br />
There is an identified need for a new legal instrument specifically to ensure<br />
development of an integrated HCMC public transport (including MRT system) for the<br />
public interest.<br />
B) Key MRT Stakeholders & Objectives<br />
Users<br />
Stakeholder Objectives<br />
59<br />
� Demand responsive services that are<br />
convenient and affordable and<br />
maximize external benefits<br />
� Services that are punctual (refer to<br />
standard)<br />
� MRT services that are integrated with<br />
bus and other modes<br />
� Comfortable, clean and safe vehicles<br />
(refer to possible standard…)<br />
� Integrated and affordable fares<br />
� Access for persons with disabilities<br />
13 This is a development of the concept recommended by MVA in 2006 for BRT in which they recommended<br />
the need for a “White Paper” ie a high level policy on public transport.
Stakeholder Objectives<br />
Government/ community/ tax payers<br />
Public Transport Authority<br />
Public transport operators/<br />
concessionaires<br />
60<br />
according to community expectations<br />
� Improved mobility<br />
� Changing needs accommodated<br />
� Value for Money (VfM)<br />
� External benefits (eg environment,<br />
economic) maximized<br />
� Appropriate infrastructure, systems<br />
and facilities provided to consistent<br />
standard to permit essential long term<br />
needs for integration of lines and use<br />
of common assets (eg depots) to<br />
ensure value for money for the<br />
community<br />
� Facilitate investment and operations<br />
to minimize life-cycle cost &<br />
maximize VfM by appropriate risk<br />
transfer – ie don’t transfer demand<br />
risk to a concessionaire where it<br />
cannot be controlled<br />
� Ensure systems are inter-operable and<br />
open where beneficial<br />
� Ensure safety and security of users etc<br />
� Concessionaires to be responsive to<br />
government policy<br />
� Fair financial return in stable,<br />
predictable operating framework<br />
C) Specific Issues to Address in a New Law<br />
(i) Objectives<br />
A new law possibly entitled “HCMC Public Transport Integration Act” would aim to:<br />
Permit development of an integrated public transport system for the benefit of the<br />
public in HCMC<br />
Public Transport should refer to both rail MRT, Bus Rapid Transit (BRT), other public bus<br />
services and water transport services.<br />
‘Integration’ means as a minimum:<br />
� Physical integration of MRT lines and stations.<br />
� Integrated fares meaning a common fare structure comprising a single flagfall plus a<br />
common distance-based charge for all MRT will apply – ie a person transferring from
one MRT line to another will not have to pay a second flagfall when entering the new<br />
MRT line.<br />
� Integrated ticketing system whereby a single ticket can be used on all MRT lines and<br />
ultimately all modes of public transport.<br />
� Integrated planning and concessioning of MRT lines to operate as a network of services<br />
for the convenience of the public irrespective of which agency is the “owner “of a<br />
particular MRT project.<br />
(ii) Role of Administrator of the Law<br />
The law should be promulgated by the relevant person in the PC who would be the<br />
Administrator of the law. The law should give the Administrator the power to set standards<br />
and regulations to achieve the purposes of the law including:<br />
� To achieve greater standardization and integration of feasibility studies; and<br />
� Specifically recognize, and be consistent with, current and proposed laws on PPP.<br />
(iii) HCMC Integrated Public Transport Authority<br />
An integrated HCMC Integrated Public Transport Authority will be established.<br />
(iii) Role and Composition of HCMC Integrated Public Transport Authority<br />
The Administrator will prepare the structure and duties of the new HCMC Integrated Public<br />
Transport Authority.<br />
Secretary to the Committee could be the XXXXX. The Authority should meet frequently and<br />
not less than every three months. Agencies ie “project owners” should report on<br />
concessionaire and/or operator performance to the Secretary of the Committee on a monthly<br />
basis.<br />
The Secretary should be charged with the responsibility of informing the Authority of any<br />
significant breech of concession terms.<br />
(iv) Relationship to Existing Legislation and Administrative Procedures<br />
Where existing laws and administrative procedures conflict they shall be superseded by the<br />
new Act.<br />
(v) Single MRT Infrastructure and Services Plan<br />
The Authority would prepare and update (on 5 year basis) the integrated long term public<br />
transport infrastructure and services plan that presents an integrated view of the entire public<br />
transport network.<br />
An important focus of the Masterplan would be to examine how public transport would<br />
operate as a network, with integrated services (coordinated with rail and bus) linking the<br />
individual sub-regions of HCMC The public transport infrastructure and services plan shall<br />
define service desired standards for connecting the principal origins and destinations within<br />
HCMC (eg 90% of households to 90% of jobs, educational opportunities etc) in terms of<br />
proximity to stations, waiting times, and overall travel times, associated priorities and<br />
budgetary needs.<br />
This public transport infrastructure and services plan would be used to inform planning,<br />
financing and budgeting by other agencies.<br />
61
(vi) Integrated Ticketing<br />
Integrated ticketing should be provided by or for all public transport systems.<br />
(vii) Integrated Fares<br />
Integrated fares should be provided for MRT, bus and water transport services. Fares should<br />
be set taking into account the quality of service provided, affordability to passengers and the<br />
cost-recovery of the MRT system, as well to maximize usage of MRT.<br />
(viii) Common Marketing and Branding<br />
Even though MRT and other public transport services are to be operated by various different<br />
companies or agencies, a common approach to marketing, branding and provision of<br />
information on public transport is needed.<br />
(ix) Inter-operable and open systems<br />
The ability for trains on one MRT line to operate on another is desirable to permit<br />
establishment of common depots and workshops to serve more than one MRT line.<br />
Ultimately, inter-operable revenue services should be able to be operated from one MRT line<br />
to any other, where it is beneficial to do so.<br />
(x) Common Approach to Concessions<br />
The gross cost concession model shall be applied to all future MRT lines recognizing that the<br />
different cost-recovery characteristics of individual MRT lines, the need for an MRT system<br />
that is integrated from the perspective of users and under the policy control of government,<br />
and allocation of risks associated with MRT lines to the concessionaire and the Government<br />
according to the party best able to manage them.<br />
These concessions will specifically prohibit “exclusivity” and “first right of refusal” for<br />
extension of concession contracts.<br />
(xi) <strong>Rail</strong> MRT Safety<br />
A common approach to rail and MRT rail safety throughout Vietnam is needed. VRNA have<br />
this responsibility but in view of the specialist nature of MRT safety, and the lack of specific<br />
experience on this subject in Vietnam, the Decree should foreshadow a national MRT and rail<br />
safety and workplace health regulator to be established in a defined time frame<br />
62
References and Bibliography<br />
Asian Development Bank and the Government of Thailand (2006a) “Integrating Mass Rapid<br />
Transit in Bangkok: Options Report”, TA 4676-THA: Small Scale Technical Assistance for<br />
Infrastructure Investment Advisory Assistance, Thailand. February.<br />
Asian Development Bank and the Government of Thailand (2006b) “Integrating Mass Rapid<br />
Transit in Bangkok: Summary of Resource Papers”, TA 4676-THA: Small Scale Technical<br />
Assistance for Infrastructure Investment Advisory Assistance, Thailand. July.<br />
Asian Development Bank and the Government of Thailand (2007) “Integrating Mass Rapid<br />
Transit in Bangkok: Phase II, Final Report”, TA 4904 -THA: Technical Assistance for<br />
Infrastructure Investment Advisory Assistance (Phase II), Thailand. July.<br />
Asian Development Bank (2007), “HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> Project, Strategic Financial<br />
Model Update”, TA RSC-C61011 (<strong>VIE</strong>). March.<br />
Allport R (2004) “A Tale of Three Cities: Urban <strong>Rail</strong> Concessions in Bangkok, Kuala Lumpur<br />
and Manila.”, prepared by Halcrow Group Ltd for World Bank as part of ADB-JBIC-World<br />
Bank East Asia and Pacific Infrastructure Flagship Study.<br />
Astris Finance and Systra (2005), “Hanoi LRT Pilot Line Feasibility Study, Executive<br />
Summary”, Ocober.<br />
Booth, C. and Richardson, T. (2001) “Placing the public in integrated transport planning”,<br />
Transport Policy, 8(2) 141-149.<br />
<strong>Chi</strong>plunkar, A (2006), “Presentation on Public Private Partnerships (PPPs) Framework for<br />
Infrastructure Development in Vietnam”. Dr <strong>Chi</strong>plunkar served as ADB Staff Consultant on<br />
PPP in GMS.<br />
Finlayson, R (2007), “Viet Nam Case Studies on Private Sector Development and Operations<br />
A Case Study from the 2007 Special Evaluation Study on Private Sector Development and<br />
Operations: Harnessing Synergies with the Public Sector”, Prepared for ADB Operations<br />
Evaluation Department. June.<br />
Fouracre P R, Allport R J, Thomson J M (1990) “The Performance and Impact of <strong>Rail</strong> Mass<br />
Transit in Developing Countries”, Transport and Road Research Laboratory, Research Report<br />
278, UK.<br />
HCMC PC 2007. Web site: . Accessed October 24.<br />
Japan Bank for International Cooperation, Japan (2006) “Terms of Reference for Special<br />
Assistance for Project Formation (SAPROF) for Japanese Line, HCMC.”<br />
Japan International Cooperation Agency (2004) “Study on Urban Transport Master Plan and<br />
Feasibility Study in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>Metro</strong>politan Area (<strong>Ho</strong>utrans)” undertaken for the Ministry<br />
of Transport and the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> People's Committee with support from the Japan<br />
International Cooperation Agency. Prepared by ALMEC Consultants, Japan.<br />
Japan International Cooperation Agency (2006) “Integrated Urban and UMRT Line 1<br />
Development Strategy in HCMC – draft Final Report.” Prepared by ALMEC Consultants,<br />
Japan.<br />
Larwin, T. F. (2005) “Transit Planning for the 21st Century”, ITE Journal, 75(8) 24-28<br />
MVA Asia (2006), “Task 3 Report, Institutional Recommendations for Involvement of the<br />
Private Sector Involvement”, Technical Assistance for Consolidation and Development of a<br />
Bus <strong>System</strong> in <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, Viet Nam” for World Bank with PPIAF funding, April.<br />
63
Parsons Brinckerhoff International and Japan <strong>Rail</strong>way Technical Services (2006) “Special<br />
Assistance for Project Formation for <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Urban Transportation Improvements<br />
Project Urban Mass Rapid Transit (UMRT) Line 1, Eastern Section”, September.<br />
Policy Appraisal Services Pty Ltd and Economic and Policy Services (2001) “Bangkok Mass<br />
Transit (Skytrain) Externalities Study”, prepared for the International Finance Corporation<br />
(June).<br />
Preston, J. (2005) “Contracting out public transport planning: options and prospects”, 9th<br />
International Conference on Competition and Ownership in Land Passenger Transport,<br />
Lisbon, Portugal, 5-9 September.<br />
Transparency International (2006), “National Integrity <strong>System</strong>s: Country Study Report, Viet<br />
Nam”.<br />
Transport East West Expert Team GmbH (2003), “Feasibility Study: MEtropolitan RAil<br />
<strong>System</strong> (METRAS)”, <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>.<br />
Transport East West Expert Team GmbH (2005a), “Addendum to the Feasibility Study:<br />
MEtropolitan RAil <strong>System</strong> (METRAS)”, <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, September. Prepared by MVA<br />
Asia.<br />
Transport East West Expert Team GmbH (2005b), “METRAS, <strong>Metro</strong>politan <strong>Rail</strong> <strong>System</strong><br />
HCMC, Financing Report”, Berlin, November.<br />
van de Velde, D. M. (1999) “Organisational forms and entrepreneurship in public transport:<br />
classifying organisational forms”, Transport Policy, 6(3) 147-157.<br />
Wallis, I. P. and Hensher, D. A. (2005) “Competitive tendering for urban bus services - cost<br />
impacts: international experience and issues”, 9th International Conference on Competition<br />
and Ownership in Land Passenger Transport, Lisbon, Portugal, 5-9 September.<br />
Wallis, I. and Lupton, D. (1999) “<strong>Metro</strong>politan Public Transport Policy and Planning:<br />
Institutional Development in a Multi-Operator Environment”, 6th International Conference<br />
on Competition and Ownership in Land Passenger Transport, Cape Town, September<br />
World Bank (2002) “Cities on the Move: A World Bank Urban Transport Strategy Review”,<br />
Washington DC.<br />
World Bank (2005), “Vietnam Transport (Draft)”<br />
World Bank (2006), “Infrastructure Strategy Cross Sectoral Issues”, Vietnam.<br />
World Bank (2007),” Project Information Document, Vietnam- HIFU Development Project”<br />
Appraisal Stage Report no. AB3058.<br />
64
Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />
Asian Development Bank and PPIAF<br />
Appendix D: Fares and Ticketing Working Paper<br />
25
Asian Development Bank<br />
Public Private Infrastructure Advisory Facility<br />
TA 4862-<strong>VIE</strong>:<br />
Preparing the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong><br />
<strong>City</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> -<br />
PPIAF Study -<br />
Working Paper<br />
Fares & Ticketing<br />
June 3, 2008
Table of Contents<br />
Summary & Recommendations............................................................................................................. i<br />
1. Background and Purpose............................................................................................................1<br />
2. Fares Policy Issues & Implications for Fare Structure ........................................................... 3<br />
2.1 Policy Issues ....................................................................................................................... 3<br />
2.2 Implications for Fare Price Structure and Form of Fare <strong>System</strong> ............................... 4<br />
3. Patronage and Revenue Impacts of Fare Price Changes........................................................ 7<br />
3.1 Relevant Experience on Fare Price Elasticities............................................................. 7<br />
3.2 Fare Price Elasticities Using Results of Demand Modeling......................................10<br />
3.2.1. 2005 Study...........................................................................................................10<br />
3.2.1. 2007/ 2008 Study...............................................................................................11<br />
3.3 Conclusion on MRT Fare Price Elasticity in HCMC at 2015...................................11<br />
4. Achieving Uniform Fares and Integrated Ticketing .............................................................13<br />
4.1 Introduction .....................................................................................................................13<br />
4.2 Separating Ticketing from Other Aspects of MRT Operations...............................13<br />
4.3 Addressing the Challenges of Implementation...........................................................15<br />
4.3.1. Importance of Fare Pricing Policy...................................................................18<br />
4.3.2. Specification of Ticketing <strong>System</strong> Components............................................18<br />
4.3.3. Procurement Options for Ticketing <strong>System</strong> ..................................................21<br />
4.3.4. Integrated Ticketing Administration...............................................................25<br />
Appendix A: Affordability Analysis & Tourist Use.........................................................................27<br />
A.1 Introduction.........................................................................................................................27<br />
A.2 Alternative Affordability Analysis ...................................................................................28<br />
A.3 Tourist Use ..........................................................................................................................30<br />
Appendix B: Most Likely Technical Option.....................................................................................31<br />
B.1 Likely Technical Components...........................................................................................31<br />
B.2 <strong>System</strong> Scalability Requirements.......................................................................................32<br />
References and Bibliography...............................................................................................................33
Abbreviations<br />
ADB Asian Development Bank<br />
BOT Build-Operate-Transfer<br />
DAF Development Assistance Fund<br />
FDI Foreign Direct Investment<br />
DOPI Department of Planning & Investment, HCMC<br />
PC<br />
DNRE Department of Natural Resources &<br />
Environment, HCMC PC<br />
DOF Department of Finance, HCMC PC<br />
DTUPWS Department of Transport & Urban Public<br />
Works & Services, HCMC PC<br />
DUPA Department of Urban Planning & Architecture,<br />
HCMC PC<br />
GVN Government of Viet Nam<br />
HCMC <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong><br />
HIFU <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> Infrastructure Fund for<br />
Urban Development<br />
IFI International Financial Institution<br />
ODA Official Development Assistance<br />
PC People’s Committee<br />
PPI Private Participation in Infrastructure<br />
PPIAF Public Private Infrastructure Advisory Facility<br />
PPP Public-Private Partnership<br />
PRG Partial Risk Guarantee<br />
PSP Private Sector Participation<br />
SOE State Owned Enterprise<br />
TA Technical Assistance<br />
MAUR Management Authority for Urban <strong>Rail</strong>ways,<br />
HCMC PC
Summary & Recommendations<br />
An objective for rail mass rapid transit (MRT) in HCMC is that it be convenient to use and<br />
free of artificial barriers that could be imposed if MRT lines and their method of operations<br />
were to be done on a “standalone” basis.<br />
Fare policy and an associated ticketing system are essential to the success of MRT and the<br />
broader public transport system. Fare policy is vital because:<br />
� financially, it affects the number of people who will use MRT, which in turn influences<br />
fare revenue, MRT operating costs and, ultimately, the viability of MRT lines;<br />
� socially, the absolute level affects the affordability of public transport to people, while<br />
alternative fare structures have differential, and thus distributional, effects on the<br />
community;<br />
� technically, it influences the form of operating concessions, and the design of the MRT<br />
system in general and the ticket system in particular; and<br />
� for the remainder of transport system, the level and structure of MRT fares affects the<br />
use made of other public transport and the amount of private travel, with consequences<br />
for the transport system and community as a whole.<br />
A policy objective for HCMC, as it is in most cities that seek to provide an attractive public<br />
transport system, should be:<br />
� an integrated ticket and fare system for MRT and, ultimately, the bus system also; and<br />
� uniform fares for modes of similar quality.<br />
It will be exceptionally difficult, perhaps impracticable, to implement an integrated ticketing<br />
system with each public transport operator supplying their own equipment. Accordingly, there<br />
is a universal movement towards integrated ticketing and fare systems that are managed<br />
centrally rather than by individual service providers. It is recommended that such an approach<br />
is essential for HCMC.<br />
Moving towards implementation of such a system requires an appropriate framework in which<br />
all necessary studies and activities can be undertaken. This framework is discussed below and<br />
is presented in more detail in Table 4.3.<br />
While it is not essential that the fare structure and level be confirmed before commencing the<br />
process of planning an integrated ticketing system, an early decision will provide clarity and<br />
direction to future work. In any event, establishing the fare structure and level is essential to<br />
the development of future MRT lines in HCMC, and is thus a matter than needs urgent<br />
attention. Accordingly, it is recommended that work commence as soon as possible to<br />
examine a range of fare structures and levels, and identify the option that best balances MRT<br />
financial viability and social obligations.<br />
Experience elsewhere suggests that a practical way forward to implementation of an integrated<br />
ticket system is to commence with a high level working group that should:<br />
� recommend a preferred fare structure and level;<br />
� prepare a functional specification for the ticketing system, identify a preferred<br />
technology, and estimate likely capital and ongoing operating and maintenance costs;<br />
i
� recommend arrangements for an integrated procurement contract that covers both<br />
implementation and ongoing operation and maintenance of the ticket system, and which<br />
also considers possible private sector financing of capital costs;<br />
� recommend institutional arrangements for the management of fares and ticketing for<br />
MRT in HCMC following implementation of a new integrated ticket system; and<br />
� present a program for implementation of the recommendations that describes activities,<br />
costs, schedules and agency responsibilities for government consideration and approval.<br />
It is recommended that this working group should comprise representatives of the PC’s<br />
Management Authority for Urban <strong>Rail</strong> (MAUR), Transport and Urban Public Works Services<br />
(TUPWS), Department of Planning and Investment (DPI) and Department of Finance or<br />
could be an embryonic form of the Integrated Public Transport Authority.<br />
Representatives of organizations and the community who will be affected by the proposals<br />
should be invited to participate, either as members of a steering committee or an advisory<br />
panel. A period of about 12 months will be required for the working group to undertake the<br />
above tasks to the necessary level of detail.<br />
Following a positive decision on the working group’s report, it is recommended that the<br />
government organization that is to be responsible for managing the ticket and fare system<br />
should be established (at least in the form of a “project office”), and required to prepare:<br />
� bidding documents;<br />
� plans to implement the procurement process, including tender assessment, award and<br />
management procedures; and<br />
� plans for operation of integrated ticketing across the entire MRT system, including<br />
current lines, bus and other modes.<br />
This work is likely to take a further six to twelve months, and will permit the government to<br />
proceed to formalization of institutional arrangements, implementation of the ticketing system<br />
and its ongoing operation. Based on experience in other cities, it is expected that it will then<br />
take about three to four years to tender, contract, deliver, install and commission the ticketing<br />
system, including establishing arrangements for delivery, sale and use of new smartcard-type<br />
tickets and management of fare revenue.<br />
Finally, responsibility for developing a suitable integrated ticketing and fare policy to support<br />
an integrated MRT and public transport system for HCMC rests with the Management<br />
Authority for Urban <strong>Rail</strong> (MAUR) in the first instance. The thinking needed to develop an<br />
appropriate ticketing system and fare policy cannot be outsourced to others.<br />
ii
1. Background and Purpose<br />
The People’s Committee (PC) of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC), Viet Nam has initiated studies<br />
to develop a rail mass rapid transit (MRT) system for the <strong>City</strong> based on the current MRT<br />
Master Plan (as approved in January 2007). Hitherto, two lines (MRT2 and MRT3) were<br />
proposed for Asian Development Bank (ADB) funding with another line (MRT1) to be<br />
financed by the Government of Japan. The Government of <strong>Chi</strong>na, is a developing a proposal<br />
for an MRT line, there are other proposals including one from <strong>Chi</strong>na for MRT, Malaysian<br />
interests to develop a monorail, and for a French consortium to develop a tram route.<br />
ADB has mobilized a PPTA and selected a firm for the following components of the project<br />
preparation for MRT Lines 2 and 3. The PPTA study, which commenced in May 2007 and is<br />
to be completed in May 2008, is responsible for providing:<br />
� An optimized MRT Master Plan which integrates the currently proposed MRT lines into<br />
a cohesive network with other modes, identifies required supporting policies, and<br />
develops design parameters for the two project lines.<br />
� A feasibility assessment and preliminary engineering design for the two project lines.<br />
The PPTA must confirm the engineering feasibility, and identify social and<br />
environmental impacts for accurate cost estimation and financial appraisal.<br />
� A plan to support project implementation, including institutional and staffing<br />
arrangements, capacity building, financing/funding options, and implementation<br />
program.<br />
In parallel, ADB is mobilizing a grant from the Public Private Infrastructure Advisory Facility<br />
(PPIAF 1 ) to optimize private sector participation in MRT 2 and 3, and to assist the HCMC PC<br />
to develop appropriate short term and longer term implementation and management<br />
arrangements for MRT in the context of wider urban transport. The scope of the PPIAF<br />
technical assistance (TA) therefore covers developing (i) a framework for considering private<br />
sector participation in implementation and operation of the Project; (ii) a value-for-money<br />
analysis for implementation approaches that involve varying degrees of private sector<br />
participation, (iii) a detailed financial model reflecting the preferred approach and measuring<br />
the performance of the project from the points of view of the government and private sector<br />
participants; and (iv) a stakeholder feedback and a description of necessary institutional and<br />
contractual arrangements given the preferred implementation approach.<br />
This PPIAF TA draws on detailed information on project costs, patronage and revenue<br />
prepared by consultants undertaking the PPTA. The results of its work will be presented in<br />
conjunction with the work of the PPTA to ensure an integrated and complete business case<br />
that the HCMC PC and ADB can use to direct implementation and ongoing operations.<br />
While the MRT system will be developed by the PC, the GVN will also be involved through<br />
various approval processes and possibly financing also. It is therefore necessary to establish in<br />
detail the roles for various agencies of these governments for project approval and<br />
implementation, and the manner in which integrated MRT development, including fares and<br />
ticketing, in HCMC will be managed.<br />
1 The Public-Private Infrastructure Advisory Facility (PPIAF) is a multi-donor technical assistance facility aimed<br />
at helping developing countries improve the quality of their infrastructure through private sector involvement.<br />
For more information on the facility see the website: .<br />
1
This Working Paper presents a discussion of the policy issues regarding fares and<br />
ticketing systems and recommends an approach to secure both integrated fares and an<br />
integrated ticketing system primarily for MRT, but also for other public transport, as<br />
MRT will rely on an integrated public transport system to maximize its performance.<br />
2
2. Fares Policy Issues & Implications for Fare Structure<br />
2.1 Policy Issues<br />
This section summarizes the key issues related to why both uniform fares and integrated<br />
ticketing are needed in Greater HCMC. The principal focus of this paper is on fares and<br />
ticketing for MRT. But a common approach to developing fares and ticketing policy needs to<br />
be taken for MRT and the wider public transport system which in future, even with extensive<br />
MRT, will rely on bus transport.<br />
The benefit of an MRT network is that it substantially increases the range of locations<br />
between which people can travel, though this also requires people to more frequently<br />
interchange between lines, and to access the MRT network using bus services (and other<br />
modes). Integration of ticketing systems enables people to use a single ticket on different<br />
MRT lines, and potentially on bus services, independent of the fare structure for the various<br />
lines.<br />
<strong>Ho</strong>wever, from a passenger’s perspective, if there is a need to pay a second flagfall (also<br />
known as the boarding charge) when transferring between trains of different operators would<br />
likely be that it is unfair and is counter to the implicit objective of providing a convenient<br />
transfer between various lines of an MRT system. Achieving integrated fares, that is with no<br />
flagfall for second or subsequent boardings in the course of a single trip, ensures that public<br />
transport users are not affected adversely in a financial sense by the possible adoption of<br />
different fares policies on different MRT lines. A similar line of discussion applies to transfers<br />
between MRT and bus.<br />
Achieving integrated fares requires additional policy decisions and intervention by the<br />
Government. If the fare system is integrated, people would not be charged a second or<br />
subsequent flagfall for a single trip that involved use of several lines.<br />
There is a second aspect to fare integration. It is that fare rates could vary between MRT lines<br />
and bus services. Policy analysis could note that the different fares reflect the different cost 1 of<br />
providing services on various lines but could still seek to establish a simpler fare structure that<br />
is easier for the community to understand, for example a standard flagfall and distance charge<br />
for all MRT, and possibly bus, lines (ie uniform fares). This is generally the practice for MRT<br />
and bus systems in most cities.<br />
Finally, in considering fare policy, it is necessary to also recognize that if fares are set too low,<br />
substantial subsidies are needed, which must be funded from other taxes on the community.<br />
Low fares also encourage additional demand, which raises the cost of providing services and<br />
further increases the need for subsidies. Complex fare structures and arrangements discourage<br />
use of MRT. Fares policy needs to balance the need for cost-recovery, simplicity of<br />
understanding, and other Government policies such as with regard to the environment<br />
and social equity.<br />
1 The cost of providing services on a subway system such as the proposed Line 2 would be higher than for an<br />
MRT line where much of it is above-ground or at-grade such as Line 1 because of, for example, additional airconditioning<br />
and emergency requirements.<br />
3
A policy objective for HCMC, as it is in most cities that seek to provide an attractive public<br />
transport system, should be:<br />
� the integration of the ticketing and fare systems of MRT and, ultimately, the bus<br />
system; and<br />
� the adoption of uniform fares for modes of similar quality.<br />
Fare policy is a matter that needs to be addressed at the outset, because it affects<br />
passenger demand, design of stations and interchanges, the financial viability of<br />
public transport, and the form and content of operating concessions.<br />
Table 2.1 shows that achievement of uniform fares and integrated ticketing is best suited to a<br />
Gross Cost form of operating contract (as recommended by the PPIAF Working Paper on<br />
private sector participation options) and that both need an MRT or Public Transport<br />
Authority with ability to manage more complex concession agreements with more intricate<br />
financial arrangements.<br />
Fare (1)<br />
Table 2.1: Requirements for Uniform and Integrated fares<br />
Ticket Concession MRT Authority<br />
Uniform & integrated Must be integrated All concessions on same basis. Need<br />
revenue settlement system, perhaps with<br />
fares collected by third party. Gross<br />
cost (2) form of concession is better.<br />
4<br />
Needs an Authority with<br />
ability to manage more<br />
complex concession<br />
agreements with more<br />
intricate financial<br />
arrangements<br />
(1)Uniform fare = same Fare VND/km on all lines; Integrated fare = no second or subsequent flagfall<br />
Link to cost recovery: (i) how will loss of second flagfall with integrated fares be recovered?; and (ii)<br />
how will concessionaires be compensated for different level of cost recovery for each line with<br />
uniform and integrated fares?<br />
(2) Gross cost concession – all fare revenue is paid to the government with bids made for the amount<br />
the government should pay for provision of the tasks set out in the concession. Can involve some<br />
transfer of patronage risk to the concessionaire.<br />
Source: Consultant<br />
The addition of uniform fares (ie with the same fare per kilometer traveled in addition to only<br />
a single common flagfall) is very complex because it requires net financial transfers between<br />
operators, if there is more than one. <strong>Ho</strong>wever, integrated and uniform fares are the usual<br />
situation for urban public transport systems because they provide a standard fare structure<br />
that is easily understood by travelers and judged by them to be “fair”.<br />
To users, the entire public transport system (ie MRT, bus etc) should be presented as an<br />
integrated system with no fare-related impediments to making best use of the network. Hence,<br />
it is recommended that Government policy on fares should aim for this situation.<br />
Implementing the approach requires a substantial role for the Government.<br />
2.2 Implications for Fare Price Structure and Form of Fare <strong>System</strong><br />
Fare prices influence demand and any proposal to develop a new uniform fares and integrated<br />
ticketing system for HCMC can be expected to affect demand and associated revenue in<br />
complex ways. A change in fares, keeping all other factors the same, will have an immediate<br />
effect on patronage and revenue, which can be expected to prevail in the short term. Many<br />
other factors affect patronage and revenue such as modal quality, trip purpose, availability of<br />
other modes and the income status of passengers. Also relevant as indicated above is the fare<br />
structure such as whether fares are flat, distance-based or zonal.
Distance based fare systems are typically preferred by public operators as they are more likely<br />
to balance demand across the system and to yield the highest patronage-related revenue.<br />
Economists prefer distance based fares for similar reasons. On the other hand graduated or<br />
zonal fares may be preferred for simplicity. Flat fares are also easier to implement and need<br />
only relatively simple, and therefore not so expensive, ticketing systems.<br />
In HCMC at present the current bus operators make use of flat fares structures with the fares<br />
and fare product types shown in Table 2.2.<br />
Table 2.2: Bus Fares<br />
Source: MVA (2008); A “set” is a book of 30 tickets.<br />
For the purposes of this paper, some typical fare structures that could be applied are<br />
illustrated in Figure 2.1:<br />
� Proposed MRT system – two different boarding charges plus different distance-based<br />
fare structures;<br />
� Proposed MRT system – common different distance-based fare structures plus common<br />
boarding charges;<br />
� Flat fare for all public transport ie including bus and MRT or just MRT alone;<br />
� Zonal systems for all public transport or just MRT alone.<br />
The diagram shows that a detailed zonal system could be structured in a variety of ways:<br />
� Flat fare – a single zone fare system;<br />
� Simple zonal fare system with few zones;<br />
� More complex zonal fare system to an extent that if there are a large number of zones it<br />
approximates a distance-based fare system; and<br />
� Other zonal structures eg with widely spaced zones in outer suburban areas if low<br />
income groups are heavily represented. Zonal fare structures need not necessarily be<br />
circles but could consist of arcs across the region or a “patchwork quilt” approach based<br />
on neighborhoods.<br />
5
Distance Fares<br />
Varying by Line<br />
Standardized<br />
Distance Fare<br />
Source: Consultant<br />
Figure 2.1: Example of Possible Fare Structure Options<br />
Flat<br />
Fare<br />
Simple Zonal<br />
Fare<br />
6<br />
Arcs radiating<br />
from CBD<br />
Zonal Fare<br />
Patchwork<br />
Quilt based on<br />
neighborhoods<br />
Zonal Fare<br />
with Social<br />
Objective
3. Patronage and Revenue Impacts of Fare Price Changes<br />
A change in fares, keeping all other factors the same, will have an immediate effect on<br />
patronage and revenue, which can be expected to prevail in the short term. Many other factors<br />
affect patronage and therefore revenue and they include:<br />
� fare structure – whether flat fare or distance-based or zonal fares;<br />
� purpose of trips and their importance ie essential trips such as for work or education<br />
versus those that are more discretionary in nature such as shopping or personal<br />
business;<br />
� effects of service frequency, quality of service and vehicles, waiting times, and ease of<br />
access to stations and movement within stations;<br />
� influence of marketing and range of ticket products and concession tickets 1 for school<br />
children, monks etc;<br />
� availability, and the costs in time and money, of alternative modes of transportation<br />
such as private modes (car, motorcycle), bus etc. These effects take into account<br />
congestion encountered by buses and cars and so on.<br />
� household incomes – average income and distribution of incomes;<br />
� economic situation – price of goods and employment situation; and<br />
� urban development patterns including the extent of substitutability of key destinations<br />
such as shopping and business centers, and regional travel patterns.<br />
The interaction of these other factors is complex and generally become more important in the<br />
medium to long term when the economy, urban development and incomes and car ownership<br />
can all vary considerably. The current Working Paper focuses briefly on the implications of<br />
MRT fare price level and fare structure on MRT patronage and revenue, and only gives<br />
preliminary consideration to the many other factors which may also come into play.<br />
3.1 Relevant Experience on Fare Price Elasticities<br />
The approach to estimating the effect of fare level on patronage and associated revenue is to<br />
review previous experience for similar situations. The way this is most appropriately done is to<br />
use the concept of elasticity. Elasticity is the impact of a change in an independent (or<br />
stimulus) variable on a dependent (or response) variable, both measured in percentage changes<br />
(Hague 1999). If a 1% increase in the MRT fares results in a decrease in MRT passenger trips<br />
by 0.3%, the fare elasticity of the demand for MRT travel is -0.3 (=-0.3/1).<br />
Elasticities are defined using the ‘ceteris paribus’ condition: they are valid under the<br />
assumption that all other things (eg other independent variables) do not change. An elasticity<br />
can be positive or negative. If an elasticity (in absolute values) exceeds 1, the dependent<br />
variable is called “elastic” (eg elastic demand) with respect to the independent variable, ie<br />
demand is highly variable with fares. If the elasticity value (in absolute terms) is low, the<br />
dependent variable is described as being “inelastic”, ie demand is not substantially affected by<br />
fares.<br />
1 Concession tickets are those that may be offered at lower than normal prices for special groups such as school<br />
children, religious persons, the elderly or those with disabilities.<br />
7
For MRT and other public transport, as for most other goods and services, an increase in<br />
prices leads to a reduction in demand. The normal range of MRT and public transport fare<br />
price elasticities would be between 0 and -1.0. An elasticity of zero would mean that demand is<br />
inelastic and would not vary with price. While this condition may apply for small increases in<br />
price for wealthy people higher and higher prices would be expected to reduce demand<br />
eventually.<br />
An elasticity of -1.0 means that an increase in price reduces demand by the same amount. For<br />
example, an increase in price of 10% would lead to a reduction in demand of 10% thus<br />
meaning that revenue would stay the same. This condition can be attained by a commercial<br />
MRT or public transport operator that is free to raise prices to maximize their income, as<br />
would be commonly experienced in sectors where the price is unregulated or only lightly<br />
regulated (airport limousine services, airline travel, tourist coach services).<br />
<strong>Ho</strong>w can we measure fare price elasticity of MRT passenger demand? Transit Cooperative<br />
Research Program (1999) identifies the following general methods:<br />
� time series analysis – using historical data on fares and passenger demand using<br />
regression analysis to isolate the effects of other factors (eg fuel price changes, MRT<br />
service level changes);<br />
� “before and after” analysis of demand for a particular fare change;<br />
� use of a demand function, often on the basis of stated preference surveys or use of a<br />
revealed choices as simulated by available transport models; and<br />
� review of industry experience for similar cities with similar MRT systems.<br />
For this PPIAF study we use the third and fourth approaches. The third approach makes use<br />
of Systra MVA’s transport model which is used to simulate the effect of a variety of fares on<br />
passenger demand and revenue. The fourth approach makes use of available published or<br />
unpublished data on MRT fare elasticities from other cities in the region.<br />
There appears to be no MRT fare price elasticity information available for similar cities to<br />
HCMC at somewhat similar stages of development (eg Singapore and <strong>Ho</strong>ng Kong 1 in the<br />
1970s and 1980s; and Manila, Philippines and Kuala Lumpur, Malaysia, in the 1980s).<br />
Current information from <strong>Ho</strong>ng Kong’s urban and suburban railway operator KCRC<br />
indicates their systems’ fare price elasticity of demand is about -0.3 (Personal Communication<br />
2006d). Experience from Manila’s MRT3 (<strong>Metro</strong>star) indicates that the fare price elasticity of<br />
demand is around -0.7 (Personal Communication 2007). In Bangkok, Thailand as the only two<br />
MRT systems BTS and BMCL’s Blue Line subway did not adjust their full (undiscounted)<br />
fares until mid 2007 since their opening in December 1999 and mid 2004 respectively, there is<br />
no available information for Bangkok on demand response to MRT fare price changes 2 . There<br />
is a longer history with bus fares although until recently there have been relatively few fare<br />
price changes. Given the quality differences between existing bus services and MRT in<br />
Bangkok any information on bus fare price elasticity for Bangkok buses is not considered<br />
applicable to MRT.<br />
1 Singapore and <strong>Ho</strong>ng Kong’s first MRT systems opened around 1980 and 1988 respectively.<br />
2 It is possible that if BTS and BMCL had closely monitored the effects of various discount fares on demand and<br />
were able to separate it from the wider effects of underlying growth some information on demand response to<br />
fare price could be gained by them.<br />
8
There is more extensive information reported on MRT and suburban rail fare price elasticities<br />
of demand for western cities. For the purposes of this section, this is satisfactory, as the aim is<br />
not to precisely define likely MRT fare price elasticities of MRT demand for HCMC but<br />
merely to suggest their likely size.<br />
Balcombe et al (2004) found in their review of various studies found that:<br />
� MRT fare price elasticities in the short run 1 had a mean elasticity of -0.31 with a range of<br />
-0.15 to -0.55.<br />
� Suburban rail in UK had a mean fare price elasticity of -0.50 with a range of -0.09 to -<br />
1.02.<br />
� MRT fare price elasticities in the long run had a mean elasticity of -0.57 with a range of -<br />
0.40 to -0.69.<br />
� Short run MRT fare price elasticities for the peak period had a mean of -0.25 which was<br />
shown to be higher than the off-peak period when the mean was found to be -0.42.<br />
� Short run suburban rail fare price elasticities for the peak period has a mean of -0.34<br />
which was shown to be higher than the off-peak period when the mean was found to be<br />
-0.79.<br />
Wardman and Shires (2003), found that in the UK, MRT fare price elasticities for commuter<br />
tickets (no concession tickets at discounted prices) the underground MRT fare price elasticity<br />
of demand in the short run was -0.33 and in the long run was -0.44.<br />
It would be expected that MRT fare price elasticity will increase, ie become more elastic, as<br />
follows:<br />
� With the passage of time as incomes and associated access to private modes increase.<br />
Balcombe et al (2004) found that long run elasticities are higher (ie more elastic) than<br />
short run elasticities;<br />
� In response to how essential the trips are – for more important trips such as work/<br />
education, the MRT price elasticity would be expected to be lower than for less essential<br />
trips or those where a variety of destinations can satisfy the same desire for travel eg<br />
shopping could take place at a variety of centers. As more less essential travel occurs<br />
within off-peak periods it is not surprising that off-peak elasticities were found by<br />
Balcombe et al (2004) to be higher (ie more elastic) than in the peak period;<br />
� As incomes decrease – lower income groups would be expected to be inclined to<br />
manage their overall expenditure to match available budgets. For very poor people that<br />
occasionally use MRT for essential trips a fare increase would be expected to lead to a<br />
direct reduction in expenditure on other items or conversely on MRT travel itself as<br />
total household expenditure is held to the available budget; and<br />
� As land use and travel patterns change.<br />
1 Balcombe defined “short term” one or two years with the long run as being 12 to 15 years, and possibly<br />
longer eg 20 years. In a very dynamic growing city such as HCMC with relatively low car ownership (94% of<br />
households are estimated by SYSTRA MVA (2008) to not have had access to a car in 2007 although 91% had<br />
access to one or more motorcycles) the “short run” may be considered to be a period of a few months, with the<br />
long run being a period of three to five years or longer.<br />
9
MRT fare price elasticities can also be expected to decrease with distance as the impact of the<br />
flagfall becomes more muted. Similarly, MRT (and bus fare) price elasticities can be expected<br />
to decrease with the adoption of integrated fares which imply the payment of only one flagfall<br />
irrespective of how many modes are used.<br />
Fare price elasticities would be also expected to be lower where there are available ticket<br />
products at “deep” discounts as exist for “set” tickets 1 and monthly tickets for bus today in<br />
HCMC and which would likely be adopted for MRT also. For example, as shown in Table 2.2,<br />
the use of a set ticket on a single trip basis is at a discount of over 20% compared to the full<br />
price single ticket.<br />
3.2 Fare Price Elasticities Using Results of Demand Modeling<br />
3.2.1. 2005 Study<br />
For TEWET (2003 and 2005), MVA prepared demand forecasts and also examined the<br />
impact of different fares levels on demand and associated revenue. For the current PPTA<br />
study, SYSTRA MVA et al (2008) updated the earlier demand model and have prepared<br />
revised estimates of patronage and revenue for various assumptions including different fare<br />
price levels.<br />
ADB (2007a) found in its review of the work of TEWET (2003 and 2005) that for an MRT<br />
opening year of 2010:<br />
� “Forecast demand is extraordinarily sensitive to fare level – the implied demand with<br />
respect to fare price elasticity (defined below) at 2010 is -1.1 which is higher than might<br />
be expected. In HCMC an elasticity of perhaps around -0.7 to -0.8 would have been<br />
expected at these relatively low fare price levels. Further discussion on elasticities is<br />
made below.<br />
� This is also surprising given that bus fares in 2005 prices …are… VND2,860 which<br />
from years 2010 to 2017 …. are higher or almost the same as METRAS fares. And, as<br />
discussed above, this level of bus fare is broadly consistent with the current bus fare in<br />
terms of affordability to passengers and therefore their behavior.<br />
While on the one hand demand here appears overly sensitive to price, as transport models do<br />
not model many of the degrees of freedom actually available to travelers (changes of<br />
budgeting and associated consumption patterns) and often model others poorly (changes in<br />
origins, destinations, trips with multiple legs, social constraints where travel is captive to<br />
certain modes due to the nature of the trip, or even the decision to travel at all) the elasticity<br />
estimated from a transport model would usually be expected to understate the actual<br />
elasticity”.<br />
The analysis reported in Appendix A presents an alternative approach to examining the<br />
sensitivity of demand with respect to fare price by examining likely affordability. This analysis<br />
reported by ADB (2007a) required many assumptions but indicated that the demand with<br />
respect to fare price elasticity implied by the results of TEWET (2003 and 2005) were overly<br />
high. This conclusion appears to have been confirmed by the results of the 2007 demand<br />
forecasting of SYSTRA MVA et al (2008) as shown below.<br />
1 A “set” is a book of 30 tickets.<br />
10
3.2.1. 2007/ 2008 Study<br />
Non Integrated Fares<br />
A review of the results of SYSTRA MVA et al (2008) show that for Lines 2 and 3 for non<br />
integrated fares 1 that:<br />
� For an opening year of 2015, forecast demand with respect to fare price level exhibits<br />
a fare price elasticity of around -0.9 rising from a fare of VND4,000 (in 2007 prices) to<br />
-1.0 at the revenue maximizing fare of around VND4,500 (in 2007 prices).<br />
� For an opening year of 2025, forecast demand with respect to fare price level exhibits<br />
a fare price elasticity of around -0.6 rising from a fare of VND4,000 (in 2007 prices) to<br />
-1.0 at the revenue maximizing fare of around VND6,500 (in 2007 prices).<br />
Average household incomes at 2025 would be approximately 2.26 times greater than at 2015<br />
(based on assumed average GDP growth of 8.5% pa). The modeling results show that as<br />
incomes rise, demand is expected to show less sensitivity to fare price and this effect is<br />
reflected in lower derived elasticities as shown by comparing the 2007 modeling results to<br />
2003 and 2005, and the forecasts at 2025 compared to 2015.<br />
Integrated Fares<br />
SYSTRA MVA et al (2008) showed that the forecast demand and the revenue with an<br />
integrated fare 2 are also both higher than with non integrated fares. For Lines 2, SYSTRA<br />
MVA et all forecast that demand and revenue increased by 24%. For Line 3, demand and<br />
revenue were both forecast to increase by 10.2%.<br />
3.3 Conclusion on MRT Fare Price Elasticity in HCMC at 2015<br />
Elasticity of demand with respect to fare price is clearly a complex matter. Elasticities depend<br />
on the price level too. By definition, the elasticity at the revenue maximizing fare is -1.0.<br />
Normally, in a developing city an average short run elasticity of around -0.7 to -0.8 would be<br />
expected. A similar result in HCMC is also expected on average.<br />
Elasticities would vary by income level. Lower income groups would be expected to exhibit<br />
higher sensitivity with respect to fare price and have a higher elasticity. The long term MRT<br />
fare price elasticity in HCMC would also be expected to be higher. Refer Table 3.1.<br />
Over a much longer period such as 2015 to 2025, and as incomes grow, the demand with<br />
respect to a (reasonable) fare price level would be expected to become less sensitive with both<br />
short and long run elasticities reducing on average.<br />
1 The user has to pay VND4,000 per boarding.<br />
2 That is, only an initial boarding charge when entering the first MRT line but no subsequent boarding charge for<br />
transfers to a second or other line.<br />
11
Table 3.1: Estimated short term MRT fare elasticity of demand in HCMC at 2015<br />
Income Range Distribution Frequency<br />
of Use (1)<br />
Lowest quartile 25% Non-Regular/<br />
Occasional user<br />
Second lowest<br />
quartile<br />
Second highest<br />
quartile<br />
12<br />
Sensitivity to price Likely short term<br />
MRT fare price<br />
elasticity<br />
Price sensitive Greater than -1.0<br />
25% Occasional user Somewhat price sensitive Around -0.7 to -1.0<br />
25% Regular user Not very price sensitive -0.4 to -0.7<br />
Highest quartile 25% Regular user Not price sensitive Less than -0.40<br />
Total 100% Around -0.7 to -0.8<br />
on average<br />
(1) For definitions of non-regular user (once a month), occasional user (once a week) and regular<br />
user (almost every day)<br />
Source: Consultant
4. Achieving Uniform Fares and Integrated Ticketing<br />
4.1 Introduction<br />
In this section the question of how to decide what is the appropriate system of uniform fares<br />
and the supporting integrated ticketing system for Greater HCMC is addressed.<br />
In this section three distinct concepts are discussed:<br />
� Integrated ticketing – involving a common ticketing system making use of an<br />
appropriate technology that permit convenient travel on the entire public transport<br />
system and convenient “back office” revenue clearing and handling.<br />
� Integrated fares – public transport ticket prices implicitly involve a two-part fare<br />
structure, consisting of a “flagfall” (an initial amount related to boarding a vehicle) and a<br />
distance-related part 1 . Integrated fares requires that only a single flagfall be paid, ie a<br />
passenger who needs to transfer between public transport vehicles to undertake their<br />
journey should not be penalized because the public transport system does not allow<br />
them to make the trip on a single vehicle.<br />
� Uniform fares - Uniform fares requires some standardization of the distance-related<br />
portion of fares 2 .<br />
By necessity, integrated and uniform fares requires standard definitions of discounted (or<br />
concession) fares, and require an integrated ticketing system to permit the fares to be<br />
implemented.<br />
The SAPROF Study for Line 1 (PB Asia et al 2006) and the TEWET (2003 and 2005) studies<br />
only considered ticketing in the context of their proposed individual MRT lines and not the<br />
needs of the future MRT network. The focus in the PPIAF fares and ticketing work is the<br />
policy needs for the future MRT network such as having a convenient and integrated<br />
ticketing system where one ticket can be used on different lines in the future MRT<br />
network (and desirably on other public transport).<br />
The discussion on this section is on ticketing for MRT as providing ticketing for various MRT<br />
lines with possible different operators is very complex. The capacity for the chosen method of<br />
ticketing to be provided for the bus system at the same or a later time is implied.<br />
4.2 Separating Ticketing from Other Aspects of MRT Operations<br />
The Working Paper on private sector participation of this PPIAF recommended a gross cost<br />
form of operating concession (or contract) with some investment in the form of key operating<br />
assets such as trains and control system.<br />
1 In this way, the fare for a 10 km journey on a single vehicle is less than double the fare for a 5 km journey.<br />
<strong>Ho</strong>wever, the cost of a 10 km trip that involves say 5 km on one vehicle and a transfer to a 5 km trip on another<br />
vehicle will cost double a single 5 km trip for the distance-related component.<br />
2 Some consideration can be given to different distance-related fares to reflect cost and quality attributes of<br />
public transport models, eg MRT, and non air-conditioned and air-conditioned bus services.<br />
13
From a ticketing perspective a gross cost concession environment provides:<br />
� greater control of ticketing policy by government, enabling the simpler implementation<br />
of social objectives, such as common fares; and<br />
� a significantly simpler fare revenue management arrangement.<br />
There are two basic system options for implementing integrated ticketing within the gross cost<br />
concession environment:<br />
� integrating multiple and possible disparate systems by the use of a interoperability<br />
standard; or<br />
� the implementation of a single system across all MRT concessions.<br />
The issues arising from these two options are summarized in Table 4.1. Based on the<br />
assessment in Table 4.1, the procurement of a single system is the preferred option for<br />
HCMC. The alternative of integrating multiple and possible disparate systems by the use of a<br />
interoperability standard is exceptionally risky. Other benefits of procuring a single system will<br />
include the minimization of multiple procurement transactions costs and the likely costefficiencies<br />
due to single-systems economies of scale.<br />
Table 4.1: Assessment of <strong>System</strong> Options<br />
Issues Multiple <strong>System</strong>s<br />
Integrated by<br />
Interoperability<br />
Standard<br />
Coordination and regulatory effort to<br />
achieve common ticketing<br />
High minimal<br />
Risk of vendor lock-in Medium High<br />
Standardization of equipment, system<br />
and operational performance<br />
requirements<br />
Government ability to direct ticketing<br />
contractor(s)<br />
Government ability to coordinate and<br />
implement future enhancements<br />
Government ability to deal with system<br />
performance issues<br />
Ability to provide common ‘look and feel’<br />
to customers<br />
Source: Consultant<br />
14<br />
Single <strong>System</strong><br />
Implemented across all<br />
MRT concessions<br />
difficult – multiple contracts simple – single<br />
specification<br />
minimal – no direct<br />
relationship<br />
high – direct contractual<br />
relationship<br />
minimal - complex high - simple<br />
minimal – no direct<br />
relationship<br />
difficult – differing<br />
equipment types and<br />
operating regimes<br />
high– direct contractual<br />
relationship<br />
simple – common<br />
equipment<br />
International experience confirms this approach. There is a universal movement towards<br />
ticketing and fare systems that are integrated across the public transport network of cities, in<br />
recognition of the impracticality of coordinating numerous independent systems and to<br />
provide good public transport services to the community. It is therefore considered essential<br />
that the ticketing system for MRT, and potentially other public transport, in HCMC should be<br />
designed and managed by a separate agency rather than by individual service providers. The<br />
remainder of this working paper is based on such an arrangement.
4.3 Addressing the Challenges of Implementation<br />
It is common for there to be an assumption that integrated ticketing issues can be dealt with<br />
by adopting a particular technology (eg smart cards) and method of procurement (eg turnkey<br />
supply, operate and maintain contract). But this assumption is incorrect.<br />
Implementing an integrated ticketing (and uniform fares) is challenging with strong interlinkages<br />
to transport policy (eg on fares and level of integration of transport services desired),<br />
MRT concessioning and with major financial implications for government.<br />
For example fares policy and the implications of standardization of “business rules 1 ” for<br />
ticketing across all operators involves extensive technical analysis of the revenue implications<br />
and consultation with all parties and public transport users. A wide variety of fare systems and<br />
associated methods of validation and revenue protection would need to be considered. The<br />
policy issues and challenges for a public transport system where there are existing separate<br />
MRT operators with different fares (and concession agreements) include:<br />
� what are the objectives of an integrated ticketing system with uniform fares – passenger<br />
convenience or some other financial measure;<br />
� should bus and other modes be integrated into the new integrated fare system for MRT<br />
– if so, when and how? Desirably, the answer should be ‘yes’ and as soon as practicable.<br />
� what fare structure is to be adopted, eg:<br />
o zonal fares – should they be used, how many zones should be used, and how will<br />
they operate?<br />
o flat fares – should they be used, what level should be used, should they be<br />
completely flat, even for very long journeys?<br />
o distance-based fares – what flagfall, what distance charge, how will the distance<br />
based component be measured and monitored, should bus and MRT fares be the<br />
same?<br />
� should ticket products and prices be standardized across all operators/ modes;<br />
� what concession or special fares and tickets should be created;<br />
� how will ticket validation be handled – closed systems are less vulnerable to revenue<br />
leakage;<br />
� how should trade-offs be made between those who will benefit and lose from changes;<br />
� should implementation of a new integrated ticketing system be staged;<br />
� what technology or technologies would be appropriate;<br />
� what is the capital and operating and maintenance cost of the ticketing system; and<br />
� what are the financial implications of any chosen fare system? – pricing of average fares<br />
below average system cost recovery implies external financial support would be<br />
required.<br />
HCMC is in the fortunate position that at present there are presently no MRT operators and<br />
there is a bus system which has common fares. Consequently, the issues for fares and ticketing<br />
1 These rules would include those for fare structure and ticket products and prices.<br />
15
are potentially simpler but require appropriate decisions in advance of embarking on<br />
implementation.<br />
The general array of policy elements and implications to be faced when considering any<br />
integrated approach to fares and ticketing is set out in Table 4.2.<br />
Table 4.2: Key Policy Issues for Integrated Ticketing<br />
Policy Element Example Implications<br />
Aims & objectives Revenue versus simplicity Influences decision on zones<br />
and number versus sections or<br />
distance-fares<br />
Availability of other revenue<br />
sources<br />
Public Service Obligations<br />
(PSOs) payments for<br />
concessions or lower price<br />
levels<br />
Passenger types & concessions Full fare, child, student, senior,<br />
monk etc<br />
16<br />
Influences passenger types and<br />
ticket types<br />
Influences ticket types and<br />
pricing<br />
Pricing method Flat fares, sections, zones Influences ticket types and<br />
prices<br />
Base fare level Single adult fare Influences the discount scheme<br />
Ticket types & discounts Return, daily, weekly Creates travel conditions<br />
Conditions of travel Times, dates, service area e Creates a need for validation<br />
Revenue protection Visual checking or electronic<br />
validation<br />
Ticketing technology Paper ticket issuers, magnetic<br />
cards, smart cards<br />
Source: Based on table of SEQ Integrated Ticketing Project Team (1999:10)<br />
Influences the technology<br />
choice<br />
Impacts on ease of use of<br />
system and costs<br />
Moving purposefully towards implementation of integrated ticketing and fare system requires<br />
well thought out and comprehensive action by a body with appropriate authority and with<br />
supporting budgets. Studies to progress the subject need to be undertaken within a clear<br />
framework and with explicit objectives that enable key decisions to be made in a step-wise<br />
fashion towards the ultimate goal of implementation. Experience in other cities suggests that<br />
this body is best initiated as an inter-agency project working group, and could be formalized<br />
into a separate agency or division of an agency when procurement begins. It is preferable that<br />
the working group have appropriate institutional and consumer representation to ensure all<br />
key stakeholders are involved in the process.<br />
Table 4.3 sets out a series of sequential steps that can permit the efficient and effective<br />
implementation of integrated ticketing and fares. Each step involves complex challenges and<br />
difficult decisions. Ticket technology and the method of procurement while costly and very<br />
important should be addressed after the other policy matters are decided. Based on experience<br />
in other places, the entire process of planning and initiate procurement of an integrated<br />
ticketing system is likely to take at least two years. Depending on the scope and complexity of<br />
the system an additional three or four years would be needed for implementation.
Table 4.3: Steps to Implement Integrated Ticketing and Fares<br />
Step Description Duration<br />
1. Set up inter-agency<br />
working group<br />
Working Group charged to develop and deliver best option for uniform fares<br />
and ticketing on a “project” basis<br />
2.Develop fares policy Fares zone or distance based? Revenue implications, business rules, modes<br />
to be included, implications for concession arrangements and revenue<br />
handling<br />
3. Ticketing technology<br />
specification<br />
4. Confirm how<br />
ticketing system will<br />
be packaged and<br />
form of outsourcing<br />
5. Confirm likely costrecovery<br />
of each<br />
MRT line (and bus<br />
etc)<br />
6. Confirm concession<br />
form<br />
7. Decide on<br />
appropriate<br />
organization for<br />
ongoing fares &<br />
ticketing<br />
management<br />
8. Confirm willingness<br />
of government to<br />
ongoing financial<br />
support<br />
Develop functional specification to deliver desired fares and ticketing<br />
system<br />
Three options identified:<br />
(1) Traditional supply tender with separate O&M<br />
(2) Turnkey supply and O&M contract funded by government on on-going<br />
basis<br />
(3) Turnkey supply and O&M concession funded by % of revenues collected<br />
This work identifies which lines can generate revenues which exceed<br />
operating cost<br />
Confirm MRT (and bus) preferred operating concession arrangements,<br />
method of revenue management and implications for ongoing government<br />
financial support<br />
Option 1: Government management (30 people) – policy setting,<br />
administration & management of outsourced ticketing contract on supply/<br />
operate/ maintain including clearing house & handling of legal/ banking<br />
aspects<br />
Option 2: Government oversight (< 10 people) – policy setting, auditing,<br />
with outsourced administration done separately to outsourced ticketing<br />
contract on supply/ operate/ maintain including clearing house & handling<br />
of legal/ banking aspects<br />
Examine likely packaging of MRT lines to minimize direct revenue support<br />
from government & identify MoF operating financial support needed<br />
17<br />
-<br />
12 months<br />
concurrent<br />
concurrent<br />
concurrent<br />
concurrent<br />
Concurrent<br />
Concurrent<br />
9. Prepare roll-out plan Details of phased roll-out 3 months<br />
10. Prepare tender<br />
documents for<br />
ticketing system &<br />
separate<br />
administration<br />
contract (as<br />
necessary)<br />
Prepare tender documents 9 months<br />
11. Tender assessment Bidding & award 9 months<br />
12. Implementation Delivery, installation and testing of equipment, tickets and support systems 2 to 3 years<br />
(depends on<br />
complexity<br />
of preferred<br />
system)<br />
13. Convert “project” to<br />
long term<br />
institutional form<br />
Source: Consultant<br />
Set up organization, arrange agreements with banks etc Concurrent<br />
It is not desirable for Government (ie MOT and MOF) to outsource the thinking needed to<br />
address the various inter-related policy issues. Four major issues are discussed in following<br />
subsections to illustrate why government needs to remain in firm control of the<br />
implementation process.
4.3.1. Importance of Fare Pricing Policy<br />
Fare policy is vital because:<br />
� financially, it affects the number of people who will use MRT and bus/ other , which in<br />
turn affects revenue collected from passengers, MRT operating costs and, ultimately, the<br />
viability of future proposed MRT lines and bus services etc;<br />
� socially, the absolute level can affect the affordability of public transport to people and<br />
alternative fare structures have differential, and thus distributional, effects on the<br />
community;<br />
� technically, it influences the form of operating concessions, and the design of the MRT<br />
system in general and the ticket system in particular (though it will generally be desired<br />
that the ticketing system be able to accommodate a range of possible fare structures and<br />
levels to allow for policy changes in the future); and<br />
� for the remainder of transport system, the level and structure of MRT fares affects the<br />
quantity of use made of other public transport and of private travel, with consequences<br />
for the transport system as a whole.<br />
The potential effect of the level and structure of fares on public transport patronage and costs<br />
can be substantial. While it is not essential that the fare structure and level be confirmed<br />
before commencing the process of planning an integrated ticketing system, an early decision<br />
will provide clarity and direction. In any event, establishing the fare structure and level is<br />
essential to the development of future MRT lines in HCMC, and is thus a matter than needs<br />
urgent attention. Accordingly, it is recommended that work commence as soon as possible to<br />
examine a range of fare structures and levels, and identify the option that best balances MRT<br />
financial viability and social obligations. Similar analysis for the bus and wider public transport<br />
system would also be needed.<br />
Clearly, fare pricing has significant financial implications and is a major transport policy and<br />
national finance issue. Any decision of fare price and form of fare system (eg zones, distancebased<br />
etc) should only be taken after careful study, analysis, technical discussion and<br />
consultation with stakeholders. A general approach to fare restructuring, as adopted in the by<br />
the <strong>Chi</strong>cago Transit Authority (CTA) in the USA, is described in Box 4.1. The criteria used by<br />
the CTA to evaluate various fare options are presented in Table 4.4.<br />
4.3.2. Specification of Ticketing <strong>System</strong> Components<br />
The total capital cost of a smart card ticketing system for all public transport in HCMC could<br />
be in the order of US$80 million and around the same amount in present value terms for<br />
operation and maintenance over ten years. Given the complexity and high cost of operations<br />
and maintenance (O&M) of ticketing equipment, it is increasingly common for supply and<br />
O&M of ticketing equipment to be integrated in a single contract.<br />
18
Box 4.1: Fare restructuring study - example of <strong>Chi</strong>cago Transit Authority<br />
<strong>Chi</strong>cago Transit Authority (CTA) has performed two major fare structure studies in the recent years. The first, in<br />
1987, evaluated the following types of fare strategies:<br />
� Distance-based pricing,<br />
� Peak/off-peak differential,<br />
� Bus/rail differential, and<br />
� Maximum prepayment.<br />
The steps included in this study, which laid the groundwork for the subsequent study, were as follows:<br />
� Identify Fare Policy Goals — Goals were identified and "strategic trade-offs" between specific goals were<br />
established through discussions with staff from various departments and selected Board members.<br />
� Develop Evaluation Framework — Ten criteria were identified, and evaluation guidelines were defined for<br />
each criterion. Where possible, specific quantitative guidelines were provided. The criteria and guidelines are<br />
summarized in Table 4.4, along with the relative weights assigned each criterion; the criteria weights were<br />
based on interviews with CTA Board members. As shown in Table 4.4 ridership, revenue, and costs were<br />
considered the most important, while the provision of management information was ranked lowest.<br />
� Define and Analyze CTA's Markets — Considerable effort was devoted to defining and analyzing the<br />
potential markets for CTA service. Elasticities were based on the results of a series of "stated preference"<br />
surveys of riders and non-riders and were used to predict the effect of different fare options on ridership.<br />
� Develop and Estimate Costs for Fare Options — Six different options were developed and evaluated in<br />
isolation—in order to understand the implications of each—even though it was acknowledged that actual fare<br />
structures might include a combination of strategies. The options included peak/off-peak differentials, distancebased<br />
pricing (zonal for rail only or system-wide, and rail point to point), modal differentials, and maximization<br />
of prepayment. Potential costs (capital and operating) were calculated for each option. The distance-based<br />
options were found to cost the most, largely because a new fare technology probably would be needed to<br />
implement such a strategy effectively.<br />
� Evaluate Options — Each options was evaluated on a comparative basis with regard to each of the weighted<br />
criteria.<br />
Table 4.4: Fare Options Evaluation Criteria of <strong>Chi</strong>cago Transit Authority<br />
Evaluation Criteria Weight Criterion Definition/ Evaluation Guidelines<br />
Maximize revenue while minimizing<br />
ridership loss<br />
Maximize ridership while<br />
maintaining sting net revenue<br />
80 Ability to raise additional revenue compared to base case<br />
80 Ability to increase ridership w/o losing revenue, compared to<br />
base case<br />
Ease of implementation 20 Phasing necessary to achieve reasonable transition, reflected<br />
in costs and timing, evaluated using discounting<br />
Reasonableness (public<br />
acceptability)<br />
10 Assessment based on experience from market research and<br />
public meetings<br />
Revenue protection 25 Evaluated in qualitative terms, based on scope and likelihood<br />
of improvements in revenue protection<br />
Cost 80 Includes capital costs of fare equipment and station<br />
modifications, and revenue collection costs<br />
Reversibility (risk) 20 Ease with which an option can be implemented or<br />
abandoned; includes institutional, public relations, other<br />
factors<br />
Maximize rides by disadvantaged 20 Equity of fares, especially of the transportation disadvantaged<br />
Simplicity 10 Assess simplicity, ease of understanding and convenience of<br />
use of each option<br />
Management information 5 Assess extent of improvement in each of three areas:<br />
financial accounting/ revenue control; operational control;<br />
marketing/ planning<br />
Source: Table 31, TCRP (1999)<br />
19
The ticketing system comprises two inter-related physical components: tickets (sometimes<br />
called “fare media”), and ticket validation equipment 1 . Ticketing system components for<br />
various types of fare collection system using a variety of fare media (eg paper tickets, magnetic<br />
stripe cards, smart card etc) are shown in Table 4.5 and likely applicability to various modes<br />
including bus and MRT (ie rail and LRT) as occurs in the USA. The most likely and<br />
appropriate fare collection system for HCMC would be “closed” barrier systems for MRT (as<br />
in <strong>Ho</strong>ng Kong, Singapore, Bangkok etc) and conductor-validated systems for bus.<br />
Table 4.5: Ticketing <strong>System</strong> Components<br />
Fare Fare Media Fare Equipment<br />
Collection<br />
<strong>System</strong><br />
(1)<br />
Mode<br />
Bus LRT Rapid<br />
rail<br />
Commu<br />
-ter rail<br />
Pay on Cash/token Fare box X<br />
entry Paper ticket TVM, validator X X<br />
Magnetic ticket Validator, TVM X<br />
Smart card Validator X<br />
Credit/debit card* TVM, ATM X X<br />
Barrier Cash/token Turnstile/ gate X X<br />
Paper ticket TVM, validator X<br />
Magnetic ticket Validator, TVM X X X (3)<br />
Smart card Validator X X<br />
Credit/debit card* TVM, ATM X X<br />
Proof-of- Cash/token -<br />
payment<br />
(barrier<br />
free)<br />
Paper ticket<br />
Magnetic ticket<br />
TVM, TOM, validator (handheld)<br />
-<br />
X X X<br />
Smart card -<br />
Credit/ debit card* TVM, ATM X X X<br />
Conductor- Cash/token -<br />
validated Paper ticket TVM, TOM, validator (handheld) X (2)<br />
X X X<br />
Magnetic ticket Validator (handheld) X (2)<br />
Smart card Validator (handheld) X (2)<br />
Credit/debit card* TVM, ATM X X X<br />
(1) AVM = Automatic Vending Machine; ATM = Automatic Teller Machine; TOM = Ticket<br />
Office Machine<br />
(2) Purchase of ticket media needed also<br />
(3) Metra Electric is the only current barrier commuter rail system in USA<br />
Source: Adapted from Table 41, TCRP (1999)<br />
The most appropriate fare collection system and fare media for HCMC needs detailed study.<br />
Smart cards are now an established technology in public transport systems, but there a variety<br />
of systems with different costs. The more functions a smart card is intended to have the more<br />
complex and expensive the entire system becomes.<br />
In 1997 <strong>Ho</strong>ng Kong became a model for how smart cards could be introduced into city-wide<br />
public transport systems with the smart card extended to pay for other forms of transport, and<br />
minor purchases at convenience stores and so on. The overall, integrated system is called<br />
Octopus and was introduced by Creative Star, a joint venture company formed by the Mass<br />
1 This is complemented by management systems for maintaining the equipment, managing the supply and<br />
distribution of tickets, managing revenue (including distribution of revenue to appropriate parties), and collecting<br />
and using statistics on patronage.<br />
20
Transit <strong>Rail</strong>way (MTR) and five other<br />
transport operators. This fully integrated<br />
ticketing system now allows passengers to<br />
travel more conveniently on all modes of<br />
public transport (ie trams, light rail, bus and<br />
ferry) and minimizes the need to carry cash or<br />
to purchase tickets. The multi-modal cards<br />
can now be used at retail and fast food stores.<br />
Most pay phones also accept the card. The<br />
system was fully operational by end 1999.<br />
Other cities in the world including Singapore<br />
(refer Box 4.2), Sydney, Brisbane, Melbourne,<br />
London and Kuala Lumpur have since<br />
followed, or are following, the model adopted<br />
by <strong>Ho</strong>ng Kong.<br />
21<br />
Box 4.2: Scope of Singapore’s ez-Link<br />
Originally known as the EIFS (Enhanced Integrated<br />
Fare <strong>System</strong>), Singapore’s ez-Link is an integrated<br />
smart card ticketing project that was awarded to ERG<br />
of Australia in April 1999 for full implementation by<br />
end 2002.<br />
Maintenance was separately contracted and<br />
exceeded the capital cost. The full upfront, capital<br />
cost was S$134.6M (ie about US $80M) and included<br />
22,000 readers, 3,800 on-bus tag on and tag off<br />
ticketing systems, and five million smart cards (more<br />
than one per capita). It also included the installation<br />
of GPS systems on 3,800 buses. An ez-Link company<br />
was also established as a subsidiary of the Land<br />
Transport Authority.<br />
Source: Sayeg and Charles (2004)<br />
Although smart cards are becoming widespread in public transport schemes around the world,<br />
“conventional” smart cards are considered to be expensive by some operators as not all trips<br />
made by “regular users” not all regular users will travel on period passes and several ticket<br />
options are not best served by smart cards. A new low cost smart card is now available on the<br />
market although is not yet widespread. Box 4.3 discusses some key features of smart cards and<br />
new limited use smart tickets.<br />
The advantages and disadvantages of each ticketing technology need to be fully considered<br />
and in due course a functional specification developed to procure the most appropriate costeffective<br />
system for HCMC’s needs.<br />
Appendix B provides an overview of what might be the most likely technical option which<br />
would the use of some kind of smart card for more detailed consideration at a later stage.<br />
4.3.3. Procurement Options for Ticketing <strong>System</strong><br />
Three procurement issues need to be considered: (i) the supply of equipment and its ongoing<br />
operation and maintenance; (ii) whether government or private sector capital should be used<br />
to purchase the equipment in the first instance; and (iii) how payment should be made to the<br />
contractor who supplies and undertakes O&M for the ticketing system. With regard to the last<br />
item, the case is made in a separate working paper on the desirability that the cost of ticketing<br />
be recovered from passenger fare revenue.<br />
Under the recommended Gross Cost form of MRT operating concession, fare revenue would<br />
accrue to the government, which could then pay the government ticket system contractor<br />
using these funds.
Box 4.3: Smart Cards and New Limited Use Smart Tickets<br />
The smart card is technically an integrated circuit card and has a built in logic. All types of smart cards can store<br />
large amounts of data. An advantage of smart cards over magnetic stripe cards is they offer a greater measure of<br />
security and can be used as an instrument for controlling access as well as to stored value to be used to purchase a<br />
variety of services. Smart cards can store different amounts in their memory for different clients or agencies.<br />
Contactless smart cards offer the advantage of not having to be read or swiped by a ticket reader. Instead these<br />
cards only have to be placed close to the reader resulting in less wear and tear on equipment and greater<br />
convenience for passengers and people with disabilities who may find presenting and inserting conventional tickets<br />
or smart cards difficult. Smart cards remain expensive at (depending on the application) and volume from at least<br />
US$2 each up to several dollars each. Smart cards have also a growing application in very secure credit cards,<br />
payment, and secure ID (national ID cards; ID cards for libraries, universities, driving licenses etc). The more uses<br />
and functions on a card the more expensive they become.<br />
What are Limited Use Smart Tickets? They are low cost (around a fifth to a less of conventional smart cards) and<br />
offer a viable smart ticketing solution for low-cost or “limited-use” ticket types which characterize a substantial<br />
proportion of journeys carried-out on worldwide rail, bus and metro networks such as single or return journeys. For<br />
example, on BTS and the Blue Line Subway around 50% of users are represented by single trip tickets/ tokens.<br />
Limited Use Smart Tickets are similar to contactless smart cards and have a IC attached to an antenna using Radio<br />
Frequency Identification (RFID) technology that is embedded in the card however they:<br />
� Are paper instead of plastic;<br />
� Have a smaller memory, no processing;<br />
� Have a lower cost;<br />
� Are used for a period (typically 1 day to a month) and then disposed of.<br />
Limited Use Smart Tickets are being used in Europe (Capri – 4 million cards; Porto – 3 million cards; Lisbon – 12<br />
million cards; Firenze – 1 million cards; Netherlands – 15 million cards; Oslo – 10 million cards). Several major cities<br />
including Santiago, Sydney, Melbourne, and several US cities are planning to use Limited Use Smart Tickets.<br />
Based on European experience the current media cost per ticket (depends on volume) is around US$0.30. Below<br />
US$0.15 per ticket Limited Use Smart Tickets become commercially viable. Limited Use Smart Tickets can work side<br />
by side in the same equipment used by conventional smart cards with any ISO14443 standard reader infrastructure:<br />
� No hardware modification should be needed; and<br />
� Minor software changes may be required to: allow the reader to recognize the chip “signature”; ensure that<br />
correct read/write data protocol is followed; software changes are minimal.<br />
Source: TCRP (1999); Sayeg and Charles (2004b); Crotch-Harvey (2005)<br />
Three options to procure the ticketing system have been identified in Step 4 in Table 4.3<br />
(showing the proposed integrated ticketing implementation steps):<br />
� traditional supply tender with separate O&M, with government financing capital in the<br />
first instance;<br />
� single turnkey supply and O&M contract with government financing capital in the first<br />
instance; and<br />
� single turnkey supply and O&M concession, with the concessionaire providing the<br />
system using their own capital in the first instance, and being reimbursed over time,<br />
possibly through their retention of a share of fare revenue.<br />
Ticketing systems, especially those using smart cards, are extremely complex and despite<br />
various international standards much hardware and software is somewhat proprietary so it is it<br />
not possible to separate the supply of equipment from its operation and maintenance. In<br />
addition, combining both into a single contract ensures the whole of life cycle cost and<br />
benefits are fully considered by the supplier/contractor consortium. Most cities implementing<br />
smart card ticketing systems are therefore adopting the approach of direct government<br />
funding of a single contract for supply, testing and implementation and operation and<br />
maintenance. Accordingly, the first option listed above is not recommended.<br />
22
Under the second approach described<br />
above, the government would engage a<br />
consortium to provide and operate the<br />
ticketing system. It would pay for the<br />
capital cost of supplying, installing and<br />
commissioning of the ticketing system on<br />
completion and would pay for O&M on a<br />
periodic basis. Most associated services<br />
including operating the clearing house for<br />
revenue management and settlement<br />
would for convenience purposes would<br />
also be operated by the consortium.<br />
Finally, it is possible to also adopt a similar<br />
integrated supply and operate approach<br />
but to implement it though a Public-<br />
23<br />
Box 4.4: Bogota’s TransMilenio Ticket<br />
Concession<br />
TransMilenio (a bus rapid transit system) uses pre-paid<br />
contact-less smartcard technology as part of a ticketing<br />
system that applies to its system only. A private<br />
company was contracted through competitive tendering<br />
to provide and manage ticketing and fare collection on<br />
behalf of the management authority for the TransMilenio<br />
system. The private concessionaire financed the<br />
ticketing system and is paid a share of the fare revenue<br />
that it collects. The concessionaire pays the revenue it<br />
collects into a trust fund, from whence it is distributed to<br />
various companies involved in providing and operating<br />
the TransMilenio system, including the management<br />
authority, in agreed shares.<br />
Source: Consultant<br />
Private Partnership (PPP) concession. In this case, private finance would be used to<br />
implement the system, with the concessionaire receiving payment either according to an<br />
agreed schedule or by retaining a share of revenue they collect. The latter arrangement has<br />
been adopted in Bogota (see Box 4.4). The merit of using private sector capital in this way can<br />
be assessed using a value-for-money analysis that takes account of risk transfer to the private<br />
sector (see the Concession Model Working Paper for a more detailed discussion of this issue).<br />
Particular care is required in the case of payment being recovered as a share of fare revenue to<br />
ensure that a transparent and cost-effective arrangement is achieved. The advantages and<br />
disadvantages of the second and third options need to be studied further by Government to<br />
establish the preferred approach.<br />
Ticketing <strong>System</strong> Requirements<br />
The ticketing system to be procured will comprise all devices and systems required to<br />
implement the common ticketing system in HCMC A generic model of a smartcard-based fare<br />
collection system using a typical tier typology is illustrated in Figure 4.1.<br />
Figure 4.1: Generic Smartcard-based Fare Collection <strong>System</strong><br />
Source: TCRP 115 (2006)
The specification for the common ticketing system will include the following devices and<br />
systems as a minimum:<br />
� smartcards – including transit application definition as well as card format compliance<br />
to an adopted interoperability standard;<br />
� smartcard readers;<br />
� fare gates;<br />
� ticket office machines – for smartcard distribution and reload;<br />
� smartcard reload machines;<br />
� handheld smartcard readers – for revenue protection officers;<br />
� data system servers as required – often necessary at stations;<br />
� station-level control systems;<br />
� operator head-office accessibility – often requiring integration into other operator<br />
systems;<br />
� a central system – principally for transaction processing, configuration data management<br />
(such as fare tables and card hotlists) and system and device monitoring;<br />
� appropriate redundancy for both security and disaster recovery considerations; and<br />
� requisite communications infrastructure for network connectivity.<br />
Operations Requirements<br />
The common ticketing system will also require the following on-going operational services as<br />
a minimum: card management; maintenance management; operator technical support; asset<br />
management; training; marketing; system management and monitoring; configuration<br />
management; financial reconciliation and settlement; and reporting.<br />
Clearinghouse Ownership and Governance<br />
In the preferred gross cost concession environment envisaged, with all fare revenues being<br />
remitted to the government, the importance of transaction clearing is significantly reduced.<br />
<strong>Ho</strong>wever, as discussed above clearing activities will be a consideration both initially for the<br />
current concessions (between themselves, as well as with the new common ticketing system)<br />
as well as ultimately with non-transit partners.<br />
Given the uncertainties surrounding these future partners it is only possible at this stage to<br />
define some of the governing principles which will guide any future considerations of<br />
clearinghouse ownership and governance:<br />
� government should retain adequate control (by way of ownership or regulation) to<br />
enable it to continue to implement its transit fare policies;<br />
� governance should generally be established based upon equity investment, tempered by<br />
the government’s need to facilitate social objectives within its transit systems. This may<br />
also require an appropriate regulatory framework; and<br />
� existing banking regulations regarding the use of ‘open e-purse’ schemes will need to be<br />
accommodated.<br />
24
In terms of transit purposes, as discussed above two clearinghouse arrangements will require<br />
consideration:<br />
� a clearinghouse for use between the two existing concessions to enable interoperability;<br />
and<br />
� a possible common ticketing system clearinghouse to interface with the two existing<br />
concessions until these are modified to a gross cost contract arrangement.<br />
In the case of the clearinghouse for the two existing concessions, it is envisaged that the most<br />
appropriate form of ownership would involve the two parties only. <strong>Ho</strong>wever, it is likely that<br />
the clearinghouse’s governance will need regulatory involvement of government to ensure its<br />
strategic fit with the proposed new common ticketing system. This regulatory involvement<br />
would cover issues of ‘compatibility’ as well as the more fundamental compulsion to interact<br />
with the new system.<br />
As the clearinghouse for the new common ticketing system will deal principally with the<br />
remittance of fare revenues to government, it is consider logical that it be owned and<br />
governed by government (through an appropriate agency). As discussed above, the<br />
clearinghouse ownership and governance framework is likely to require a more sophisticated<br />
approach if non-transit expansion of the system is to be realized in the future.<br />
4.3.4. Integrated Ticketing Administration<br />
Step 7 of Table 4.3 discusses two generic options for the organization that would be charged<br />
to administer and manage the integrated ticketing system. A wide variety of models are<br />
possible, but usually the organization is embedded within an established government<br />
organization eg MAUR, HIFU or the Department of Finance at PC level. In HCMC, it may<br />
need to be established as some form of government-owned entity in order for it to deal<br />
directly with the private sector including financial institutions. Two basic options are:<br />
� Option 1: Government management (30 people) for policy setting, administration &<br />
management of outsourced ticketing contract for the supply, O&M, clearing house and<br />
handling of legal and banking aspects; and<br />
� Option 2: Government oversight (less than 10 people) for policy setting and auditing,<br />
with separately outsourced administration that supervises the outsourced ticketing<br />
contract for the supply, O&M, clearing house and handling of legal and banking aspects.<br />
Based on interviews with the heads of three systems for which integrated ticketing systems<br />
have either recently been implemented (Singapore) or are being implemented (Sydney and<br />
Brisbane, Australia) the two identified options encompass the principal possibilities (see Table<br />
4.6 for lessons learned from these interviews). Either option is workable but a final decision<br />
needs to be made taking into account the form of ticketing procurement chosen.<br />
25
Table 4.6: Lessons on Integrated Ticketing Administration<br />
<strong>City</strong> Lessons on oversight<br />
Singapore (ez-Link) – Integrated smart card ticketing<br />
project (1999-2002). ez-Link company was established as a<br />
subsidiary of the Land Transport Authority.<br />
Brisbane, Australia – Integrated smart card ticketing<br />
system required the integration of ticket products &<br />
systems for train, ferry and over 20 bus operators.<br />
Overseen & managed by newly established TransLink (a<br />
government agency). Operations and Maintenance<br />
separately contracted over 10 years & likely to > capital<br />
cost of A$100M (ie about US$77M). Roll-out commenced in<br />
July 2005.<br />
Sydney, Australia – Integrated smart card ticketing<br />
project. Currently trialling. Targeting an organization of 30<br />
people after ticketing system is procured. Ticketing<br />
contractor will control/ manage/ maintain ticketing<br />
equipment performance; autoload facility; clearing house,<br />
put money in Bank Accounts (accounts all in government<br />
name). NSW Transport Administration Corporation, the<br />
ticketing authority, not required to make a profit ie must<br />
extract what money it needs from operators/ stakeholders<br />
who will hold it closely accountable.<br />
Source: Personal Communication 2006a, b and c<br />
� Few staff in LTA/ ez-Link to oversee; can always increase if<br />
needed. Difficult to reduce.<br />
� Policy of outsourcing adopted as most skills of non-recurrent<br />
nature.<br />
� Routine financial auditing annually. Integrity auditing 3 yearly.<br />
� TransLink in implementation phase with 15 staff. Will reduce<br />
later & outsource. May end up with 5 staff in contract<br />
management functions.<br />
� Some additional call centre staff needed will sit alongside<br />
public transport call center staff on usual toll free no.<br />
TransLink want to maintain customer interface.<br />
� Due to need for clear separation of goverment & business<br />
interests staff to oversee will be largish to: monitor contract ie<br />
Key Performance Indicators. Will have a bias to more<br />
financial/ accounting staff.<br />
� Could outsource almost all functions.<br />
� Govt. operates the ticketing call centre as an extension of<br />
public transport information centre – an additional 12 people;<br />
important that govt. maintains relationship with customers.<br />
� Due to long implementation period (4 years) for ‘big bang’<br />
approach there is operator fatigue. A staged approach has<br />
merit.<br />
26
Appendix A: Affordability Analysis & Tourist Use<br />
This Appendix reproduces with only minor editing an affordability analysis reported by ADB<br />
(2007a) which interpreted available information on household incomes in HCMC reported by<br />
TEWET (2005).<br />
A.1 Introduction<br />
Information in Table A.1 provides a preliminary assessment of affordability. It shows that at<br />
2010 the main modeled fare of VND4,000 (2005 prices) proposed for MRT in HCMC is less<br />
affordable than MRT fares in Bangkok, Kuala Lumpur and Manila by a third, quarter and 90%<br />
respectively shortly after their MRT systems opened. For the revenue-maximizing fare of<br />
VND 2,000 (2005 prices) the affordability in HCMC would be slightly better than for the<br />
other cities.<br />
Table A.2 presents similar data from MVA Asia (2005) which shows also in 2005, HCMC<br />
MRT the main modeled fare of VND4,000 (2005 prices) relative to GDP would be much<br />
more expensive than Bangkok, <strong>Ho</strong>ng Kong and Singapore. <strong>Ho</strong>wever, for the forecast GDP<br />
for HCMC (and implied associated income growth assumptions) by 2010 the fares would<br />
relatively the same as Bangkok although still relatively much more expensive than those for<br />
<strong>Ho</strong>ng Kong and Singapore. By 2020, however, relative MRT fares for HCMC would be<br />
cheaper than Bangkok today although still 50% relatively more expensive than <strong>Ho</strong>ng Kong<br />
and Singapore. That is, with economic growth and associated income growth, MRT fares in<br />
HCMC are expected to become relatively more affordable.<br />
GNI or GDP<br />
(US$) per capita<br />
Total est. linked<br />
person trips in <strong>City</strong><br />
area defined<br />
above<br />
% by public<br />
modes 2001<br />
Fares in $US for<br />
average full fare 8<br />
km trip in 2001 or<br />
proposed for<br />
HCMC 2010<br />
Affordability of<br />
MRT fares today<br />
No of MRT<br />
passenger/day<br />
and % MRT of<br />
total approx one<br />
year after<br />
opening)<br />
Table A.1: Summary of MRT Fares and Demand in Other Cities<br />
Bangkok Kuala<br />
Lumpur<br />
4,800<br />
(2000 est)<br />
9,600<br />
(2000 est)<br />
<strong>Metro</strong><br />
Manila<br />
2,800<br />
(2000 est)<br />
27<br />
<strong>Ho</strong>ng Kong Singapore HCMC<br />
25,330<br />
(2001)<br />
21,500<br />
(2001)<br />
2,000<br />
(2005)<br />
12,800,000 3,250,000 19,199,600 13,400,000 8,400,000 16,300,000<br />
45%<br />
(2005)<br />
US$0.6 US$1.40<br />
(Putra)<br />
20% 70% 80% 70% < 5%<br />
(2005)<br />
US$0.26 US$ 0.70 US$0.70 US$0.25<br />
1.0% 1.2% 0.8% 0.2% 0.3% 1.5% (main<br />
modeled<br />
scenario) or<br />
0.75% for<br />
revenuemaximizing<br />
fare)<br />
216,000 on<br />
BTS MRT in<br />
April 2001<br />
1.7%<br />
192,000<br />
passenger/day<br />
on Star<br />
(60,000) and<br />
Putra MRT<br />
(132,000)<br />
together at<br />
end 2000<br />
5.9%<br />
210,000<br />
<strong>Metro</strong>star at<br />
April 2001<br />
500,000 LRT1<br />
1.1%<br />
(excluding<br />
LRT1)<br />
14% MRT<br />
3.7% heavy<br />
rail<br />
1.7% LRT<br />
(1992)<br />
14% MRT<br />
(1998)<br />
Forecast of<br />
128,000<br />
passenger per<br />
day for fare<br />
shown in 2010
No of MRT<br />
passenger and %<br />
MRT (of total in<br />
2005)<br />
Bangkok Kuala<br />
Lumpur<br />
580,000<br />
passenger/day<br />
on BTS and<br />
Blue Line<br />
Subway MRT<br />
in 2005<br />
4.5%<br />
260,000 for<br />
total system<br />
<strong>Metro</strong><br />
Manila<br />
400,000<br />
<strong>Metro</strong>star<br />
550,000 LRT1<br />
2.1%<br />
(excluding<br />
LRT1)<br />
28<br />
<strong>Ho</strong>ng Kong Singapore HCMC<br />
na na na<br />
Source Consultant. Notes:<br />
1. GNI or GDP 2020 is available. For HCMC 2020 GDP per capita from MVA 2005 and stated in 2005 prices.<br />
2. Linked person trips per day on mechanized modes and unmechanized modes. A linked trip is a journey from A to B<br />
including all modes used along the way. Data for Bangkok <strong>Metro</strong>politan Region shows that in 2005 it is estimated there are<br />
19.7 million linked trips including 15% walking etc with a population of 10 million from Len Johnstone, Transport Modeler.<br />
For HCMC data for 2001 from <strong>Ho</strong>utrans (JICA 2003) shows that HCMC region population was 8.6 million in 2001 and linked<br />
person trips were 23 million including 17% walking etc. Hence, Bangkok <strong>Metro</strong> Region person trip rate is 2.0 per capita per<br />
day and for HCMC region, 3.0 per capita per day. For other cities linked trips are estimated as 2.5 trips per capita per day<br />
except <strong>Metro</strong> Manila where 2 trips per capita per day used.<br />
4. The % of total linked trips by public modes including bus, MRT, taxi etc in 2001 or as stated. For HCMC, data from MVA<br />
Asia (2005) and <strong>Ho</strong>utrans (JICA 2004). Other data sourced from Appendices of PAS/ EPS 2001.<br />
5. Fares in $US for average full fare 8 km trip in 2001 or proposed for HCMC 2010 for the main modeled fare of VND4,000<br />
in 2005 prices and VND2,000 (revenue-maximizing fare) also in 2005 prices . 2001 is approximately date of opening of<br />
several of the MRT systems. Source of 2001 data is PAS/EPS 2001.<br />
6. Affordability of MRT fares circa 2005 ie Average fare/ GDP/12 per capita *100<br />
7. No and % MRT after approx one year of operation – using latest available patronage figures for MRT demand divided by<br />
total linked trips. For Manila, LRT Line 1 ignored as opened in 1984 and not a “recent” MRT. Source: Appendixes of PAS/<br />
EPS 2001 and J Leather ADB 2006 for Manila figures. For Singapore and <strong>Ho</strong>ng Kong with well developed MRT networks that<br />
commenced in the 1980s, only mode split shown.<br />
8. Latest number and % of MRT – Figures for MRT demand divided by total linked trips stated for earlier year. Source:<br />
Appendixes of PAS/ EPS 2001 and J Leather ADB 2006 for Manila figures.<br />
Table A.2: Public Transport Price Comparison with Other Asian Cities (for an average 6<br />
km commuter trip, in US$ 2005 Prices)<br />
<strong>City</strong> HCMC Bangkok <strong>Ho</strong>ng Kong Singapore<br />
2005 2010 2020 2005 2005 2005<br />
Bus (regular) $0.11 $0.18 $0.18 $0.13 N/A $0.45<br />
Bus (air-con) $0.11 $0.18 $0.18 $0.30 $0.75 $0.60<br />
MRT (VND4,000 for HCMC) $0.25 $0.25 $0.25 $0.50 $0.80 $0.55<br />
GDP / Capita<br />
Affordability of MRT fares<br />
$2,000 $3,100 $5,600 $6,200 $24,000 $22,000<br />
(Average fare/ GDP/12 per<br />
capita *100)<br />
1.04% 0.67% 0.37% 0.67% 0.26% 0.21%<br />
Source: MVA Asia (2005), Table 5.2 and others. Data on GDP differs slightly from shown in Table A.1 due to different<br />
sources and years.<br />
A.2 Alternative Affordability Analysis<br />
An alternative way of examining affordability is to examine the distribution of household<br />
incomes by income 1 group. These data are unavailable to the team. JICA (2004) provide<br />
survey data of public transport users in 2002 or 2003 for a variety of public transport modes<br />
as shown in Table A.3. The average distribution of incomes for all public transport users is<br />
likely a more useful starting point than average HCMC household incomes which would likely<br />
be lower on average.<br />
1 Income data are difficult to collect and often understated. Instead many researchers identify household<br />
expenditure which is less problematic.
Based on Table A.4, the potential household trip frequency for MRT at 2010 at the main fare<br />
modeled by MVA Asia (2005) (ie VND4,000 in 2005 prices or VND3,500 in 2003 prices) was<br />
estimated as shown in Table A.4 This table shows that at 2010 20% of households who are<br />
potential public transport users would not be able to afford to purchase more than four MRT<br />
fares per week in total per household equivalent to 2 round-trips. In contrast, 80% of<br />
households would be able to purchase more than MRT 12 fares per week or 6 round-trips ie<br />
to travel every day. This table also shows in broad terms that perhaps most households may<br />
not be all that sensitive to modest fare increases above the chosen fare. For example, at an<br />
assumed fare 20% higher than the chosen fare almost 80% of households could still purchase<br />
almost at least 8 MRT fares per week or 4 round-trips per week ie to travel almost every day.<br />
This also implies that affordability may be better than implied by the revenue maximizing<br />
demand forecasts and fare price level assumed by MVA Asia (2003 and 2005).<br />
Table A.3: <strong>Ho</strong>utrans Public Transport Users Interview Summary 2002-03<br />
Attribute Bus Taxi Cyclo Xe om Total<br />
No. of Samples� 1,189 374 78 367 2,008<br />
Sex (%) Male 52.6 44.8 30.8 27.8 45.8<br />
Female 47.4 55.2 69.2 72.2 54.2<br />
Age (%) ≤15 0.8 - - 0.8 0.6<br />
16-25 33.9 22.1 26.2 25.6 30.0<br />
26-35 27.5 46.4 23.0 34.0 32.0<br />
36-45 18.5 21.5 37.7 28.4 21.5<br />
46-55 10.7 7.0 9.8 7.5 9.4<br />
56-65 5.8 2.2 3.3 2.5 4.5<br />
>66 2.8 0.8 - 1.1 2.1<br />
Average Age 33.3 32.3 34.1 32.8 33.1<br />
<strong>Ho</strong>usehold Income 10.0 0.9 1.7 1.6 2.9 1.5<br />
Average <strong>Ho</strong>usehold Income (000/month) 1,412 2,368 1,607 2,035 1,742<br />
Vehicle Ownership Car 0.3 1.1 1.3 - 0.4<br />
(Individual)<br />
Motorbike 46.5 84.6 29.9 51.4 53.6<br />
Bicycle 21.6 4.5 22.1 23.1 18.8<br />
None 31.7 9.8 46.8 25.4 27.2<br />
Frequency of use of Daily 23.5 10.4 12.8 17.7 19.7<br />
public transport At least once a week 16.5 11.2 20.5 21.7 16.6<br />
Unusual 60.0 78.4 66.7 60.6 63.6<br />
Source: <strong>Ho</strong>utrans (JICA 2004)<br />
29
Table A.4: Potential Trip Frequency for MRT at 2010<br />
Year 2003 2010 Est MRT Trips Per<br />
H’<strong>Ho</strong>ld per month<br />
GDP / Capita $1,400 $3,100<br />
H’<strong>Ho</strong>ld Income (VND million/month) 2003 prices<br />
30<br />
Est MRT Trips per<br />
week<br />
10.0 1.5% 2% >107 >36<br />
Average H’<strong>Ho</strong>ld Income ‘000<br />
VND/month 2003 prices<br />
Total 100.0% 100.0%<br />
1,742 3,830<br />
Source: Consultant. Notes:<br />
GDP per capita from Table A.2; 2003 household Income % for public transport users from Table A.3. Estimated household<br />
income % for public transport users by Consultant; Est MRT Trips per month per household: 15% of representative h’hold<br />
income divided by VND 3,500 (2010 fare of VND4,000 in 2005 prices deflated to 2003 prices) divided by assuming MRT can<br />
only represent one third of all h’hold transport expenditure. In Thailand 1998, according to the National Statistics Office, on<br />
average households spent Baht 2,677 from an average income of Baht 19,820 on transport and communication or 13.5%<br />
hence 15% was chosen as a reasonable approximation for HCMC.<br />
A.3 Tourist Use<br />
There appears to be little specific consideration of the potential for tourist use of MRT in<br />
HCMC in the forecasts by TEWET (2005) or Systra MVA et al (2008).<br />
Evidence from Bangkok for Bangkok Transit <strong>System</strong> (BTS) is that tourist use is apparently<br />
low. According to data on BTS’ ticket sales for February 2005, one day tourist passes<br />
represented 1.6% of all ticket sales. For Bangkok’s Blue Line Subway sales of tourist tickets in<br />
October 2005 represented 0.04% of all ticket sales.<br />
What these data do not reveal is how many foreigners (or Thai residents from outside<br />
Bangkok who are visiting in Bangkok for tourism or social reasons) have purchased ordinary<br />
tickets. Surveys of BTS users in early 2001 about six months after its opening showed that<br />
foreigners accounted for 3.4% of Bangkok Transit <strong>System</strong> passengers (with about half being<br />
tourists and the other half being business people). It is likely that the proportion of foreigners<br />
using BTS is similar today.<br />
It concluded that for HCMC that there is the potential for the MRT to carry a similar<br />
proportion of tourists assuming the government attempts to facilitate foreign inbound tourism<br />
through both promotion and simplifying visa/immigration requirements and develops a<br />
reputation as a reliable place to invest. Overall, assuming current policies, a target of 1% of<br />
tourists in addition to demand generated by HCMC residents may be plausible in the early<br />
years of the system operation which may increase over time to say, 2% by 2020.<br />
Tourists would also likely to be less sensitive to absolute fare price levels than HCMC<br />
residents.
Appendix B: Most Likely Technical Option<br />
B.1 Likely Technical Components<br />
Based on the conclusion that a single ticketing system is needed the available technical option<br />
is shown in Figure B.1 which illustrates a single system comprising:<br />
� a single card (ie. single issuer);<br />
� a single central system;<br />
� a single clearinghouse. It should be noted that in a gross cost concession environment<br />
revenue apportionment is not typically required, however the clearinghouse would be<br />
necessary for any extension of the system to non-gross cost operators or particularly<br />
expansion into non-transit applications of the card;<br />
� compatible field equipment (gates and ticket office devices) deployed into all<br />
concessions;<br />
� the implementation of an open interoperability standard at a minimum of the<br />
card/reader and central system/clearinghouse interfaces. The strategic implementation<br />
of an open standard will limit the impacts of any possible vendor lock-in;<br />
� in-principle expansion of the MRT system onto the city’s bus systems (when and how<br />
this can be achieved is not however within this TA’s scope. The complexity involved in<br />
the implementation of advanced technologies onto bus fleets should not be underestimated);<br />
and<br />
� the existing bus operators integrated into the new system if possible (or replaced if this<br />
is not feasible).<br />
While Figure B.1 represents the ‘end state’ of the common ticketing system.<br />
31
Smartcard<br />
Reader/Device<br />
Operator <strong>System</strong><br />
Central <strong>System</strong><br />
Source: Consultant<br />
Figure B.1: Common Ticketing - Preferred Technical Option<br />
Line 1 Line 2 Lines 3 etc<br />
Bus BRT Other<br />
B.2 <strong>System</strong> Scalability Requirements<br />
Open Standard Card/Reader<br />
Interface<br />
Open Standard Clearinghouse<br />
Interface<br />
Central<br />
Clearinghouse<br />
Phase II<br />
The system procured will need to allow for growth both in level of activity as well as the<br />
number of participants.<br />
The system will need to be capable of processing at least an order of magnitude increase in<br />
transactions without significant impact on system performance. This will place significant<br />
importance on the card-reader interaction (a maximum of 200 msec is suggested) as well as<br />
the fundamental design of the transaction processing database. A set of appropriate<br />
performance levels throughout the system should be specified which can be clearly<br />
demonstrated during system testing.<br />
The system operating schema should also be sympathetic to the possible extension of the<br />
MRT system to other modes. Bus always poses significant challenges to any fare collection<br />
system, and particularly a bus system as vast as that currently operating in and around HCMC.<br />
The design of the initially MRT fare collection system should be undertaken contemplating<br />
the expansion of the system into other modes. Thus, operating fundamentals will need to be<br />
carefully considered, such as:<br />
� operating logistics – eg tag-on only validation vs tag-on/tag-off;<br />
� degree of automation – eg ongoing use of bus conductors; and<br />
� environmental issues – eg bus fleet condition in terms of electrical noise, power<br />
reliability, structural integrity, etc.<br />
The ultimate expansion of the system into non-transit applications will also be a necessary<br />
design consideration. In this respect it will be important for the design of the system to<br />
consider fundamental card transaction security as well as clearinghouse performance.<br />
32<br />
Non-<br />
Transit<br />
Application<br />
s
References and Bibliography<br />
Asian Development Bank and the Government of Thailand (2006a) “Integrating Mass Rapid<br />
Transit in Bangkok: Options Report”, TA 4676-THA: Small Scale Technical Assistance for<br />
Infrastructure Investment Advisory Assistance, Thailand. February.<br />
Asian Development Bank and the Government of Thailand (2006b) “Integrating Mass Rapid<br />
Transit in Bangkok: Summary of Resource Papers”, TA 4676-THA: Small Scale Technical<br />
Assistance for Infrastructure Investment Advisory Assistance, Thailand. July.<br />
Asian Development Bank (2007a), “HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> Project, Strategic Financial<br />
Model Update”, TA RSC-C61011 (<strong>VIE</strong>). March.<br />
Asian Development Bank and the Government of Thailand (2007b) “Integrating Mass Rapid<br />
Transit in Bangkok: Phase II, Final Report”, TA 4904 -THA: Technical Assistance for<br />
Infrastructure Investment Advisory Assistance (Phase II), Thailand. July.<br />
Bangkok <strong>Metro</strong> Company Ltd (2005) “Monthly Monitoring Report to MRTA.”<br />
Bangkok Transit <strong>System</strong> Corp (2001) “Various Data”.<br />
Crotch-Harvey, T (2005) “Potential for Low Cost Smart Tickets”, presentation at Smart Urban<br />
Transport 2005 Conference, Brisbane, September.<br />
Franzmann, L (2005) “Presentation on TransLink” Presentation at Smart Urban Transport<br />
Conference, Brisbane, Australia 2005<br />
Hague Consulting Group (1999), “TRACE Costs of private road travel and their effects on<br />
demand, including short and long term elasticities” Contract No: RO-97-SC.2035 Prepared<br />
for the European Commission Directorate-General for Transport, April.<br />
Kinnear, R (2005) “Integration within a Franchised Public Transport <strong>System</strong>.” Presentation at<br />
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33
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34
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28