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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
100/2013/ND-CP
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Hanoi,
September 03, 2013
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT DECREE NO. 11/2010/ND-CP DATED
FEBRUARY 24, 2010, PRESCRIBING THE MANAGEMENT AND PROTECTION OF ROAD
INFRASTRUCTURE FACILITIES
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 13, 2008 Law on Road
Traffic;
At the proposal of the Minister of Transport,
The Government promulgates the Decree
amending and supplementing a number of articles of the Government’s Decree No.
11/2010/ND-CP dated February 24, 2010, prescribing the management and
protection of road infrastructure facilities,
Article 1. To amend and supplement a number
of articles of the Government’s Decree No. 11/2010/ND-CP dated February 24,
2010, prescribing the management and protection of road infrastructure
facilities
1. Clause 3 and Clause 4 of Article 14 are
amended and supplemented as follows:
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For land areas of roads, requesting competent
authorities to recover these land areas and pay compensations for current users
under the land law.
For land areas of roads’ safety corridors:
investors shall carry out setting up landmarks for handing over to locality and
road management agency for management in accordance with provisions applicable
to corridors of road which are in operation. In case where works and other
assets laid in the roads’ safety corridors affect directly to traffic safety,
safety of road facilities, the investors shall carry out determining the level
of influence, coordinate with the local land administration agencies to make
procedures requesting competent agency for compensation, damage support due to
limitation of land use ability, damages of assets attached to land under the
land law.
4. For road works currently in use, road
administration agencies shall assume the prime responsibility for, and
coordinate with local land administration agencies in determining boundaries of
land areas reserved for roads, safety corridors of roads and working out plans
to perform the following jobs:
a) To review, determine boundaries of land areas
reserved for roads; do procedures requesting the competent agencies for land
recovery, implement compensation, support under the land law;
b) To review, determine boundaries of land areas
reserved for the safety corridors of roads; carry out setting up landmarks for
handing over to locality and road management agency for management under the
master plans; do procedures requesting the competent agencies for compensation,
damage support due to limitation of land use ability, damages of assets
attached to land under the land law.”.
2. Article 15 is amended as follows:
“Article 15. Road safety
corridor limits
The road safety corridor means land strips along
both sides of road land used for assuring traffic safety and protecting road
works. Road safety corridor limits are determined under the master plan
approved by competent authorities and prescribed as follows:
1. For roads outside urban centers: Depending on
their planned technical grades, the width of a road safety corridor measuring
from the road land to both sides is:
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b) 13meters for grade-III roads;
c) 09 meters for grade-IV and grade-V roads;
d) 04 meters for under grade-V roads;
2. For urban roads, limitation of road safety
corridor shall be the red boundaries under the planning approved by competent
authorities.
3. For expressways outside urban areas:
a) 17 meters, measured from land area of road to
both sides;
b) 20 meters, measured from the outer edge of
outermost structure to each side for dry bridges and trenches;
c) In case expressway with road at its side,
based on technical level of road at its side to determine the safety corridor
according to Clause 1 of this Article but not less than the limitation of
safety corridors defined in point a, point b Clause 1 of this Article.
4. For expressways inside urban areas:
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b) Being the red boundaries under the planning
approved by competent authorities for trenches and dry bridges with road at
sides and expressways with roads at sides.
c) From the outer edge of road to the red
boundaries, but not less than 10 meters for expressways without roads at sides.
5. For roads with safety corridors overlapping
those of railways, the safety corridors of such roads and railways shall be
demarcated on the principle that railway safety corridors will be prioritized,
provided that they must not overlap road works.
In case a road and a railway are adjacent and
share a longitudinal trench, the boundary between their safety corridors is the
bottom edge of the trench on the higher roadside. If the heights of the two
corridors are equal, the boundary between the safety corridors is the bottom
edge of the trench on the railway side.
6. For roads with safety corridors overlapping
protection corridors of inland waterways, the boundary of these corridors is
the edge of the natural bank.
7. The handling of expressway safety corridors
which have been determined before the effective day of this Decree:
a) In case where a project has been approved by
competent authorities, and finished or in stage of compensation, support for
ground clearance, the scope of safety corridor will be keep intact
according to the approved scope.
b) In case where a project has been approved by
competent authorities, but has not yet performed compensation, support for
ground clearance, the investor of project must re-approve or submit to
competent authorities for re-approval of the scope of safety corridor in
accordance with this Decree.”.
3. Point b Clause 2 Article 16 is amended and
supplemented as follows:
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4. To supplement Article 25a, Article 25b,
Article 25c and Article 25d afterward Article 25 as follows:
"Article 25a. Temporarily using a part
of pavement not for traffic purpose
1. The temporary use of a part of pavement not
for traffic purpose is not permitted to cause the order loss, unsafe traffic.
2. Pavements may be permitted to use temporarily
not for traffic purpose in the following cases:
a) To propagate guidelines, policies of the
Party and law of State. Duration of temporarily using pavements does not exceed
30 days; in case it is more than 30 days, it must be approved by the Ministry
of Transport (for national roads) or the provincial People’s Committees (for
system of local roads);
b) To organize funerals, and yard for keeping
vehicles and parking in serve of funerals of households; duration of
temporarily using pavement does not exceed 48 hours, in special case, it does
not exceed 72 hours;
c) To organize weddings and yard for keeping
vehicles and parking in serve of weddings of households; duration of
temporarily using pavement does not exceed 48 hours;
d) Yard for keeping vehicles and parking in
serve of cultural or sport activities, parades, festivals; duration
of temporarily using pavement does not exceed duration of organizing
those cultural activities;
e) Yard for transshipment of construction materials
and waste in serve of works construction of households; duration of use will be
from 22: PM of previous day to 6: AM of the next day.
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a) The minimum width of remaining section for
pedestrian reaches 1.5 meters;
b) The pavement has load bearing structure
conforming to case permitted for temporary use.
4. For cases of using pavement defined in point
b, point c, Clause 2 of this Article, households must notify the communal
People's Committees in localities before using temporarily a part of pavement.
For cases prescribed in points a, d, e Clause 2 of this Article, the
provincial People's Committees shall provide for administrative procedures
relating to permission of using temporarily pavement.
Article 25b. Temporarily using a part of road
bed not for traffic purpose
1. The temporary use of a part of road bed not
for traffic purpose is not permitted to cause the order loss, unsafe traffic.
2. Road bed may be permitted to use temporarily
not for traffic purpose in the following cases:
a) Yard for keeping cars and parking in serve of
cultural or sport activities, parades, festivals ; duration of temporarily
using pavement does not exceed duration of organizing those cultural
activities;
b) Yard for transshipment of daily-life waste by
enterprises of urban environment sanitation; duration of use will be from 22:
PM of previous day to 6: AM of the next day.
3. Position of road bed which is permitted to
use temporarily not for traffic purpose must satisfies fully the following
conditions:
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b) The minimum width of remaining road bed to serve
for types of vehicles must full for driving on 02 one-way lanes;
c) The road bed has load bearing structure
conforming to case permitted for temporary use.
4. The provincial People's Committees shall
provide for administrative procedures relating to permission of using
temporarily road bed defined in this Article.
Article 25c. Temporarily using a part of
pavement, road bed for keeping vehicle and parking
1. The temporary use of a part of road bed,
pavement for keeping vehicle with charge collection is not permitted to cause
the order loss, unsafe traffic.
2. Position of road bed, pavement permitted to
use temporarily must has load bearing structure conforming to case of being
permitted for temporary use and must satisfy the following conditions:
a) Not belong to national roads passing urban
areas;
b) The minimum width of remaining road bed to
serve for types of vehicles must full for 02 motor-vehicle lanes and 01 lane
for rudimentary vehicles with one-way;
c) The minimum width of remaining pavement for
pedestrian reaches 1.5 meters;
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4. To assign the Ministry of Transport in
assuming the prime responsibility for, and coordinating with the Ministry of
Finance to guide temporary management and use of a part of pavement, road
bed for keeping vehicles, parking, charge collection, and remittance to state
budget.
Article 25d. The handling of cases which have
been licensed for temporary use of a part of pavement, road bed
1. If they satisfy provision in Clause 2, Clause
3 Article 25a, Clause 2, Clause 3 Article 25b and Clause 2 Article 25c of this
Decree, they are permitted to continue using, when ending the duration of the
permitted use, they must re-do procedures for license.
2. If they fail to satisfy provision in Clause
2, Clause 3 Article 25a, Clause 2, Clause 3 Article 25b and Clause 2 Article
25c of this Decree, they are permitted to continue using not more than 30 days,
from the effective day of this Decree, then they must return the initial
situation of road bed and pavement for assurance of order and traffic safety.
Article 2. Provisions of implementation
1. This Decree takes effect on October 20, 2013.
2. Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, chairpersons of the provincial People’s
Committees shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung