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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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Asian Development Bank and PPIAF<br />

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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Asian Development Bank and PPIAF<br />

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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Asian Development Bank and PPIAF<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, 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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Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />

Asian Development Bank and PPIAF<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 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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Asian Development Bank and PPIAF<br />

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


Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />

Asian Development Bank and PPIAF<br />

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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Asian Development Bank and PPIAF<br />

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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Asian Development Bank and PPIAF<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 />

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 />

Non-Transit<br />

Applications


Preparing the HCMC <strong>Metro</strong> <strong>Rail</strong> <strong>System</strong> – Completion Report<br />

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 />

61


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 />

Smart Urban Transport Conference, Brisbane, Australia 2005<br />

Balcombe, R (editor) (2004), “The Demand for Public Transport, A Practical Guide”, UK. TRL<br />

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Project Urban Mass Rapid Transit (UMRT) Line 1, Eastern Section”, September.<br />

Personal Communication (2006a) “Information supplied by Silvester Prakasam, Head of Fares<br />

Division/ Ezy-Link, Singapore Land Transport Authority”. May.<br />

Personal Communication (2006b) “Information supplied by Robin Barlow, TransLink,<br />

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Personal Communication (2006c) “Information supplied by John Stott, Director General,<br />

NSW Transport Administration Corporation, Sydney, Australia”, May.<br />

Personal Communication (2006d) “Information supplied by Dr LK Siu, New Projects and<br />

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33


Personal Communication (2007) “Information supplied by Jamie Leather, Asian Development<br />

Bank”. January.<br />

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Transit (Skytrain) Externalities Study”, prepared for the International Finance Corporation<br />

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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 />

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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 />

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World Bank (2002) “Cities on the Move: A World Bank Urban Transport Strategy Review”,<br />

Washington DC.<br />

34


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28

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