DECREE

AMENDMENTS TO SOME ARTICLES OF DECREE NO. 32/2014/ND-CP DATED APRIL 22, 2014 ON MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY FACILITIES

 Pursuant to Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Construction dated June 18, 2014; the Law on amendments to the Law on Construction dated June 17, 2020;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;

At the request of the Minister of Transport;

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Article 1. Amendments to some Articles of Decree No. 32/2014/ND-CP dated April 22, 2014 on management, operation and maintenance of expressway facilities

1. Some Clauses of Article 3 shall be amended as follows:

a) Clause 2 Article 3 shall be amended as follows:

“2. Expressway facilities include expressways, water drainage systems, road sign works; traffic management and operation centers; rest and service stations; vehicle weighing systems; lighting systems; trees; maintaince stations; works serving fire safety and fighting; information systems serving management and communication; other support facilities and equipment serving management, operation and maintenance of expressway facilities.”.

b) Clauses 6 and 7 Article 3 shall be amended as follows:

“6. Expressway administration agency means an organization that assists the Minister of Transport in performing state management of expressway; or a specialized agency of the People’s Committee of province or central-affiliated city;

7. Unit assigned to organize operation and maintenance of expressway facilities (herein referred to as “operation and maintenance unit”) means a unit that signs a lease contract with an entity managing and operating expressway, or is assigned to manage, operate and regularly maintain expressway facilities.”

c) Clause 10 Article 3 shall be amended as follows:

“10. Salvage means an act of assisting persons, vehicles and goods involved in accidents or incidents when they join traffic on expressways.”

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“12. Expressway management and operation enterprises include project enterprises established under regulations of Law on Public – Private Partnership Investment to participate in signing and execution of private contracts for construction, business and operation of expressway under the mode of public-private partnership; enterprises that lease or receive transfer of the right to operate expressway infrastructure assets for a definite term in accordance with the law on management, use and operation of road infrastructure assets; and enterprises assigned by the State to invest in construction, management and operation of expressways.

13. An entity managing and operating expressway means an agency or organization assigned by the State to manage, operate and use expressway infrastructure public assets; or an expressway management and operation enterprise”.

2. Clause 1 Article 5 shall be amended as follows:

“1. Managing and operating expressway facilities, including:

a) Organizing expressway traffic;

b)  Operating expressway traffic;

c) Communicating expressway information;

d) Patrolling and inspecting expressways;

dd) Putting into operation of and temporarily blocking expressways;

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3. Some Points and Clauses of Article 6 shall be amended as follows:

a) Point b Clause 2 Article 6 shall be amended as follows:

“b) Make agreement on the plan for organization of expressway traffic with the provincial People's Committee in case the expressway or other roads built by the local authority connect(s) with the expressway under management by the Ministry of Transport;”

b) Clauses 3 and 4 shall be amended and Clauses 5 and 6 Article 6 shall be added as follows:

“3. The People’s Committee of province shall:

a) Approve and adjust the plan for organization of expressway traffic under its management;

b) Make agreement on the plan for organization of expressway traffic with the Ministry of Transport or the People's Committee of another province in case the expressway or other roads built by the authority connect(s) with the expressway under its management;

c) The People's Committee of province assigned to invest in construction of expressway in its province and another province shall reach an agreement with the People's Committee of another province where such expressway passes through before approving the plan for organization of expressway traffic.

4. The duration of agreement on the plan for organization of expressway traffic specified at Point b, Clause 2 and Point b, Clause 3, Article 6 shall not exceed 10 days from the date of receipt of complete dossiers and documents.

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If it is necessary to adjust the plan for organization of expressway traffic during the period of operation and use, the entity managing and operating expressway shall adjust the plan for traffic organization and submit it to the competent authority specified at Point a Clause 2 and Point a Clause 3 of this Article for consideration and approval.

In case of investment in construction of expressway facilities, the cost for formulation of the traffic organization plan shall be included in the cost for design consultancy; the cost for survey and adjustment in the traffic organization plan shall be included in the cost for maintenance of the expressway when the expressway has been put into operation.

6. If the expressway undergoes investment phasing, the operating speed, lane arrangement, transition section, turning position, use of emergency-stop lane and other contents of the traffic organization plan shall be suitable to the construction scale in each stage”.

4. Article 7 shall be amended as follows:

“Article 7. National center for traffic management and operation

1. The national center for traffic management and operation is invested and built by the Ministry of Transport, including working houses and civil works that serve management, operation and installation of technological equipment and screens displaying images of traffic and other necessary technical infrastructure works; systems of technology equipment for collection, storage, consolidation, analysis, processing of data, and provision of information on traffic in order to serve traffic management and administration nationwide. The national center for traffic management and operation may connect and share information and data with route traffic management and operation centers and centers for monitoring and handling violations against regulations on traffic order and safety of traffic polices.

2. The Ministry of Transport shall assign affiliated expressway administration agencies to perform the following tasks:

a) Organizing management and operation of the national center for traffic management and operation; collecting and storing information and data and providing information as prescribed in Article 9 of this Decree; managing and using information and data in accordance with regulations; maintaining construction works and equipment of the Center in accordance with the regulations of the law on construction and relevant laws;

b) Cooperating with traffic polices and route traffic management and operation centers in organizing traffic and ensuring traffic order and safety;

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3. The cost for management, operation and maintenance of the national center for traffic management and operation shall be covered by the state budget.”

5. Article 8 shall be amended as follows:

“Article 8. Route traffic management and operation center

1. The route traffic management and operation center includes a place for vehicle detention, a working place of traffic polices serving assurance about traffic order and safety on the expressway; working house, center for monitoring and handling violations against regulations on traffic order and safety; civil works serving management, operation and installation of technological equipment and screens displaying images of traffic and other necessary technical infrastructure works; system of technological equipment for collection, storage, analysis, processing of data, provision of information on traffic on routes in order to serve organization, management and operation of route traffic. The route traffic management and operation center may connect and share information with the national center for traffic management and operation and centers for monitoring and handling violations against regulations on traffic order and safety of traffic polices.

The route traffic management and operation center is built with a view to serving management and operation of one or several interconnected expressways. During the process of investment in construction of expressways, the investment decision-making authority shall determine the location and scale of investment in construction of the route traffic management and operation center to ensure safe operation and effective use of expressway sections in accordance with the Law on Management and Use of Public Property.

2. The route traffic management and operation center is built according to:

a) Expressway construction investment project;

b) Expressway use and operation period;

c) Roadmap for construction of the route traffic management and operation center according to regulations of the Prime Minister.

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a) The expressway administration agency shall be responsible for organizing management and operation of the center for management and operation of traffic of expressways which are state assets; collecting, preserving, storing, providing, managing and using information and data; maintaining construction works and equipment of the center in accordance with regulations of the law on construction and relevant laws; cooperating with traffic polices in providing, receiving and processing information according to Article 9 of this Decree in order to organize traffic and ensure traffic order and safety;

b) The expressway management and operation enterprise shall be responsible for organizing management, operation, use and maintenance of the route traffic management and operation center in accordance with the law on road traffic and the law on construction and regulations of the project contract under the mode of public-private partnership; collecting and storing information and data and providing information as prescribed in Article 9 of this Decree, managing and using information and data in accordance with regulations; cooperating with traffic polices in providing, receiving and processing information according to Article 9 of this Decree in order to organize traffic and ensure traffic order and safety.

4. The cost for management, operation and maintenance of the route traffic management and operation center is included in the cost for management and maintenance of facilities.

6. Article 9 shall be amended as follows:

“Article 9.  Expressway information

1. Fixed information includes information on road sign works specified in Clause 1, Article 10 and Clause 1, Article 45 of the Law on Road Traffic (except for information provided by traffic commanders and information on signal lights (if any)).

2. Variable information includes:

a) Information on adjustment in traffic organization in a certain period serving repair and maintenance of facilities; assurance about traffic order and safety;

b) Information on the traffic situation on expressways; information on the location and time of accidents, traffic jams, work incidents, fire and explosion incidents, the location of repair and maintenance of facilities;

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d) Instructions given by commanders, traffic controllers, information on traffic lights (if any) and other information.

3. Methods of providing changed information for road users

a) Information specified in Clause 2 of this Article may be published on mass media permitted to operate including radio, electronic newspapers and online information.

b) Information specified in Point a, Clause 2 of this Article shall be shown on road signs and temporary signs.

c) Electronic traffic signs of roads that have been installed may provide some information specified in Clause 2 of this Article.

d) Entities managing and operating expressways, operation and maintenance units and relevant organizations and individuals shall provide information in person, via telephone, email and information technology network platforms for road users and relevant entities.

4. Providing, receiving, extracting and using information

a) Entities managing and operating expressways shall be responsible for providing information specified in Clause 1, Points a, b, c, Clause 2 of this Article for the route traffic management and operation center, traffic polices and means of communication specified at Point a, Clause 3 of this Article.

b) Traffic polices shall provide information on settlement of traffic accidents, traffic commands and other information related to their responsibilities for route traffic management and operation centers, expressway administration agencies, expressway management and operation enterprises and mass media.

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d) Route traffic management and operation centers shall provide information specified at Points a, b and c of this Clause for the national center for traffic management and operation; receive and provide information from the national center for traffic management and operation to entities managing and operating expressways, traffic polices, communication agencies in order to serve traffic management and operation and support road users.

dd) The national center for traffic management and operation shall connect, receive and provide information for route traffic management and operation centers.

e) Information specified in points a, b, c, d and dd of this Clause shall be accurate and it shall be provided in a prompt manner, stored and preserved at traffic management and operation centers.

5. In the period when the national center for traffic management and operation is not built, regulations in points d and dd Clause 4 of this Article shall not be applied.

Regarding expressways along which the route traffic management and operation center is not available, organization specified in points a, b and c Clause 4 of this Article shall provide information for the national center for traffic management and operation."

7. Clauses 1 and 3 Article 10 shall be amended as follows:

“1. Traffic police shall patrol and control traffic on expressways and through traffic surveillance systems to detect and handle violations against road traffic law; cooperate with units assigned to organize operation and maintenance of expressways in detecting and stopping violations of regulations on protection of expressway facilities and safety corridors.

The Ministry of Public Security shall build a system to monitor and handle violations against regulations on traffic order and safety on expressways.

3. Entities managing and operating expressways shall conduct inspections on expressways under their management to examine, monitor and supervise the performance of inspection duties; handle according to their competence or cooperate in handling violations against regulations on expressway facilities; participate in salvage and rescue, settlement of traffic accidents, work incidents, fire and explosion incidents and other necessary cases; detect violations against the law on traffic safety”.

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“Article 11. Expressway facilities put into operation; temporary blockade of expressways

1. Expressways are put into operation if the following conditions are met:

a) Completed expressways shall be pre-acceptance tested according to regulations of the law on construction;

b) The plan for traffic organization shall be approved;

c) It is required to have procedures for operation of items and equipment specified in Clause 2 of this Article.

2. It is required to have procedures for operation of the following items and equipment

a) Tunnels on expressways using equipment for ventilation, dust filtration, environmental control, fire safety and fighting, electrical systems and other equipment for operation and use;

b) National center for traffic management and operation; route traffic management and operation centers;

c) Equipment installed in expressways, including vehicle identification equipment, vehicle weighing equipment, traffic control equipment, work monitoring equipment, fire safety and fighting equipment and salvage and rescue equipment;

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3. Temporary blockade of expressways

a) Temporary blockade of an expressway is a case where vehicles are temporarily prohibited from operating on one direction, both directions, a part, or the whole expressway, except for vehicles performing duties of traffic polices, salvage and rescue vehicles, incident prevention vehicles, and traffic assurance vehicles.

b) Due to failure to ensure operation safety, the temporary blockade of an expressway shall be imposed in case where facilities are damaged due to incidents and natural disasters; facilities are damaged, thus the safety operation is not possible; fire incidents and serious traffic accidents occur in order to serve salvage and rescue and assurance about traffic safety; natural disaster and epidemic occur or there is a request to serve the defense and security from the competent state agency.

c) The Minister of Transport shall decide temporary blockade of expressways of the national highway system according to regulations of Point a, Clause 2, Article 37 of the Law on Road Traffic.

d) The Presidents of the provincial-level People's Committees shall decide temporary blockade of expressways on road systems under their management according to regulations of Point b, Clause 2, Article 37 of the Law on Road Traffic.

dd) When detecting the risk of danger or occurrence of incidents on expressways that affect the safety of life, nearby facilities and the community, entities managing and operating expressways shall be responsible for temporary blockade of expressways and implementation of measures in order to ensure the safety of people, vehicles and other properties; performance of tasks in order to limit and prevent possible dangers to facilities; protection of scenes; participation in salvage and rescue and solution to traffic jams.

After deciding temporary blockade of expressways, entities managing and operating expressways shall be responsible for immediately notifying traffic polices, expressway administration agencies, and route traffic management and operation centers, and local authorities.

4. In case of temporary blockade of expressways, the following tasks shall be performed:

a) Entities managing and operating expressways, operation and maintenance units shall quickly adopt measures to ensure traffic and adjust traffic flow to reduce traffic jams; repair damaged facilities and overcome existing problems on expressways and other routes used to regulate traffic; adjust and add road signs and other facilities in order to ensure traffic; participate in provision of guidance for road users and vehicles; and cooperate with traffic polices and local authorities in organizing traffic on expressways.

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c) Local authorities shall make cooperation in assurance about traffic when it is necessary to regulate vehicles crossing over roads under their management.

d) The salvage and rescue shall comply with regulations of Article 16 of this Decree; the prevention of incidents and damage to facilities for assurance about the operation safety shall comply with regulations of the law on construction; the prevention and recovery of consequences of fire and explosion shall comply with regulations of the law on fire safety and fighting.

dd) After completing traffic reorganization, rescue and investigation on incidents, entities managing and operating expressways shall be responsible for repairing damage and overcoming existing problems in order to put expressways into operation according to design standards.”

9. Article 12 shall be amended as follows:

“Article 12. Collection of expressway toll

1. Regarding expressways which road toll collection is available, electronic toll collection (ETC) shall be applied.

2. With regard to expressways that are public assets of the State, agencies assigned to manage expressways shall be responsible for managing, using and operating expressway facilities in accordance with regulations of law on management and use of public property and other relevant laws”.

10. Clause 2 Article 13 shall be amended as follows:

“2. Expressway connection

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a) Location and scale of investment in construction of new intersections that connect with expressways shall comply with standards and regulations on design in expressways and regulations of the law on investment in construction or the location shall be determined at road network planning, road traffic infrastructure planning, provincial planning or regional planning approved by competent authorities in accordance with the Law on Planning.

b) If it is necessary to add the connection of a route other than the expressway that is being operated, the location of connection shall be updated or adjusted in one of the aforesaid planning according to point a of this Clause. Addition of intersections with expressways shall be approved by the state authorities managing expressways. Funding for additional construction of connection and other relevant expenses shall be borne by investors of routes to be connected.

11. Clauses 3 and 6, point c Clause 7 shall be amended and Clause 8 Article 16 shall be added as follows:

a) Clause 3 Article 16 shall be amended as follows:

“3. Organization of salvage

a) A vehicle operator or owner has the right and obligation to organize salvage or hire other organizations and individuals to rescue vehicles, goods and road users;

b) Rescue organizations and individuals shall be present at the scene in the shortest time after receiving information to rescue people, vehicles and goods involved in the accident out of the expressway;

c) Vehicle operator causing accidents or vehicle owner shall be responsible for paying salvage costs.

d) If vehicle operator or owner fails to conduct salvage in a prompt manner, thereby affecting traffic order and safety, or causing traffic jams, the operation and maintenance unit shall conduct salvage in order to ensure traffic order and safety.  The salvage cost shall be paid by the vehicle operator. If the vehicle operator fails to pay such cost, the vehicle owner shall be responsible for payment. In this case, the salvage cost shall be paid before the vehicle is handed over the vehicle operator or owner.

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b) Clause 6 Article 16 shall be amended as follows:

“6. The Public Security Authority shall direct its forces to immediately come to the scene of the accident or incident in the shortest time after receiving the information, and take charge and cooperate with other forces in dealing with the accident or incident in the shortest time so that the expressway is put into normal operation”.

c) Point c Clause 7 Article 16 shall be amended as follows:

“c) Costs for salvage and traffic assurance during the process of salvage and rescue shall be included in costs for management, operation, use and maintenance of the expressway.

d) Clause 8 Article 16 shall be added as follows:

“8. Fire safety and fighting for expressway facilities:

a) Expressway tunnels, traffic management and operation centers and other necessary items shall be equipped with fire safety and fighting systems and equipment in accordance with the law on fire safety and fighting, technical regulations and standards of fire safety and fighting and procedures for operation of facilities.

b) Entities managing and operating expressways shall be responsible for taking fire safety and fighting measures; organizing training in fire safety and fighting and assigning implementation; reviewing situation, repairing, adding and replacing fire safety and fighting systems and equipment, and purchasing fire and explosion insurance in accordance with law.

Costs for fire safety and fighting shall be included in costs for investment in construction of facilities and management, operation, use and maintenance of facilities.

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12. Article 16a shall be added as follows:

 “Article 16a. Rest stations and weigh stations on expressways

1. Rest stations on expressways shall be built according to technical regulations and standards to serve road users, assist in rescue and salvage, repair, and provide fuel and energy for vehicles.

2. The location and scale of construction of the rest station shall be determined when the project and the design in construction of the station are made, and developed in the expressway construction investment project or after the expressway has been put into operation. The construction investment, management, business and operation shall comply with the provisions of the law on construction, the law on bidding, the law on the management, use and operation of public property.

3. Weigh stations on expressways

a) Weigh stations on expressways shall be built according to the expressway construction investment project or in the period of operation of expressways.

b) Weigh stations shall be located at toll stations, branch roads connecting to expressways and other suitable locations. The operation of the weight station shall ensure safe traffic. It is required to have a place to stop and park vehicles for handling, have a plan to reduce the load or a branch road for the violating vehicle to move out the expressway at the fixed weight station.

c) Regarding an expressway invested and built with the state budget, the cost for construction of the weigh station shall be included in the expressway construction project; calculated after the expressway has been put into operation or included in the cost for maintenance of the expressway covered by the state budget.  The cost for management and maintenance of the weigh station shall be included in the cost for maintenance of the expressway.

d) The cost for construction of a fixed weigh station of the expressway invested in construction under the mode of public-private partnership shall be included in the cost for investment in construction of the expressway; the cost for management, maintenance and construction of the weigh station in the period of operation and use of the expressway and the cost for management and maintenance of the expressway. These costs shall be included in the financial project of the project contract.

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13. Clauses 1, 2, 3 and 4 Article 18 shall be amended as follows:

“1. Maintenance of expressway facilities shall be conducted according to law on construction, technical standards, regulations, and procedures for maintenance of facilities.

2. Expressway administration agencies assigned to manage expressway traffic infrastructure assets shall be responsible for selecting contractors in accordance with law in order to manage, operate and maintain of expressway facilities with state budget funds under their management; organize order placement when the bidding has not been completed in order to ensure that the management, maintenance and traffic safety measures shall be conducted regularly and continuously.

3. The project enterprise shall be responsible for formulating and promulgating regulations on selection of contractors in accordance with the law on investment in the mode of public-private partnership in order to manage, operation, use and maintain expressways under its management.

State-owned enterprises that invest in construction of expressway facilities with state capital shall be responsible for selecting contractors in accordance with the law on bidding in order to manage, operate and maintain expressways under their management.

4. With regard to expressways that have not been fully invested, in the period of investment phasing, management, operation and use of expressways, it is required to comply with the following regulations:

a) After being assigned the recovered land to carry out the project, the construction investor shall be responsible for managing and protecting the recovered land and markers for site clearance compensation; setting up expressway safety corridor boundary markers in a complete scale; handing over dossiers and the recovered markers, and dossiers on road safety corridor boundary markers to the entity managing and operating expressways.

b) Entities managing and operating expressways shall be responsible for managing the recovered land, expressway safety corridors and documentation for the complete investment in the expressway.

14. Article 19 shall be amended as follows:

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1. The state budget shall cover costs for management, operation and maintenance of expressway facilities which are road traffic infrastructure assets managed by the State, including, expressway infrastructure assets invested and built by the State; expressway infrastructure assets transferred to the State after the expiration of the PPP contract term and in other cases.

2. Regarding expressway infrastructure assets that are leased or transferred by the State with a definite term and other assets assigned to economic entities to operate and use according to regulations of law on management and use of public property, the assigned economic entities shall be responsible for management, operation and maintenance of expressway facilities until these assets are transferred to the State.

3. The management, use, operation, maintenance of expressways that have been invested under the mode of public-private partnership and costs for performance of these tasks shall be conducted by investors and specified in the PPP project contract.

4. With regard to cases other than those specified in Clauses 1, 2 and 3 of this Article, the owners or entities managing and operating expressways shall be responsible for providing funding and managing, using, operating and maintaining expressway facilities according to regulations of the law on construction and other relevant laws”.

15. Some points of Clauses 1 and 5 Article 20 shall be amended as follows:

a) Point b, point c, point d Clause 1 Article 20 shall be amended as follows:

“b) Provide guidance on the implementation of the traffic organization plan for the expressway in investment phrasing, determine the cost for formulation of the traffic organization plan on the expressway; issue regulations on road patrol and inspection on expressways; formulate and promulgate standards and norms on management and operation of expressway facilities; organize and inspect implementation of legal documents on management, operation and maintenance of expressway facilities;

c) Organize management, operation, maintenance and protection of expressway infrastructure under its management; disseminate information and educate the law on traffic on expressways; monitor the technical status of expressway facilities and carry out international cooperation in expressways;

d) Inspect and supervise organization of management, operation, maintenance and implementation of traffic organization plans for expressways under its management.

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“5. The provincial-level People's Committees shall, within their tasks and powers, organize implementation of water management in terms of management, operation and maintenance of expressway facilities in accordance with regulations of this Decree and other regulations of relevant laws; direct and inspect management, operation and maintenance of expressway facilities under their management”.

Article 2. Clause 4, Clause 8, Clause 9, Article 3; Clause 3 Article 14; Clause 4, Clause 5, Article 16 of Decree No. 32/2014/ND-CP dated April 22, 2014 of the Government on management, operation and maintenance of expressway facilities shall be annulled.

Article 3. Transition clauses

Expressways construction investment projects under the mode of public-private partnership whose contracts have been signed before the effective date of this Decree shall comply with regulations of Decree No. 32/2014/ND-CP April 22, 2014 of the Government and regulations of project contracts.

The contract-signing agency shall negotiate and agree with the investor to supplement regulations of this Decree to the contract and conclude appendices to the contract. In case of failure to supplement regulations of this Decree to the investment contract under the mode of public-private partnership, the contract-signing authority shall be responsible for reporting to the competent authority to organize additional investment in expressway facilities and items specified in this Decree with other appropriate capital sources.

With regard to investment contracts under the mode of public-private partnership that have not been adjusted for application of electronic toll collection, the Prime Minister's regulations on collection of road tolls according to the method of electronic toll collection shall be applied.

With regard to expressway facilities that are being operated, expressway investment projects that have not had or have not prepared for investment in route traffic management and operation centers and facilities specified in Clause 1 Article 1 of this Decree, the investment-deciding agency shall responsible for reporting to the competent authority to organize additional construction in accordance with the law on construction investment. The management of investment in construction of facilities, items or equipment serving professional services on expressways shall comply with the law on investment and the law on management and use of public property.

Article 4. Implementation clause

1. This Decree comes into effect from July 15, 2023.

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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha