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THE MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
THE GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
07/2000/TTLT/GTVT-BD
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Hanoi, December 11, 2000
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JOINT CIRCULAR
GUIDING THE CONSTRUCTION OF POSTAL
COMMUNICATION WORKS WITHIN THE LAND ROAD TRAFFIC WORK PROTECTION AREAS
Pursuant to the Ordinance on Protection of
Traffic Works of December 2, 1994;
Pursuant to the Government’s Decree No.22/CP of March 22, 1994 on the tasks,
powers, State management responsibilities and organizational structure of the
Ministry of Communications and Transport;
Pursuant to the Government’s Decree No.12/CP of March 11, 1996 on the
functions, tasks, powers and organizational structure of the General Department
of Post and Telecommunications;
Pursuant to the Government’s Decree No.172/1999/ND-CP of December 7, 1999
detailing the implementation of the Ordinance on Protection of Traffic Works
with regard to land road traffic works;
Pursuant to the Government’s Decree No.167/1999/ND-CP of November 26, 1999
on organization of land road management,
The Ministry of Communications and Transport and the General Department of
Post and Telecommunications hereby jointly guide a number of provisions on the
construction of postal communications works within the land road traffic work
protection areas, as follows:
I.
GENERAL PROVISIONS
1.1. The general principle is that postal
communication works shall not be constructed within the land road traffic work
protection areas in order to avoid the relocation of postal communication works
when such land road traffic works are renovated, upgraded and expanded.
1.2. Postal communication works shall be
constructed within the land road traffic work protection areas only when it is
so agreed upon in writing by the competent land road administration.
1.3. Enterprises that provide postal and
telecommunications services shall be given priority to use the land road
traffic work protection areas for the construction of postal communication
works provided that their works shall not greatly affect the quality of such
land road traffic works and transport activities thereon.
1.4. Organizations and individuals that are
permitted by the competent land road administration to construct postal
communication works within the land road traffic work protection area shall
have to take measures to ensure traffic safety in the construction course, and
restore as soon as their works are completed the initial state of such land
road traffic works. The units managing land road traffic works shall have to
inspect and supervise the restoration of initial state and quality of such land
road traffic works.
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II.
SPECIFIC PROVISIONS ON THE CONSTRUCTION OF POSTAL COMMUNICATION WORKS WITHIN
THE LAND ROAD TRAFFIC WORK PROTECTION AREAS
2.1. In case of difficult-to-access and
complicated terrain, in order to facilitate the technical treatment in the
construction course as well as the management, operation and maintenance of
postal communication works, such works shall be permitted to be constructed
within the land road traffic work protection areas when they run through the
following places:
a/ Urban centers or populous areas: Postal
communication works shall run on street pavements within the area from road
edge to the land road work protection corridor (with specific positions
inscribed in written reached agreement between the traffic work management body
and the investor of the postal communication work).
b/ High mountain cliffs, abysses, river banks, ponds,
lakes, swamps: Postal communication works may run in the land road traffic work
protection corridor. For postal communication works being suspension cable
lines, the positions for putting up posts must ensure that the distance
therefrom to the road shoulder is equal to the posts’ length. Where terrains do
not permit the above-said requirements, the specific positions for putting up
posts shall be considered and decided by the units directly managing the
traffic works, with a view to concurrently ensuring traffic safety and
satisfying the requirements of the construction of postal communication works.
c/ Big rivers and streams:
- Where technical designs of bridges spanning
rivers or streams cover a space large enough to accommodate postal
communication works, such postal communication works shall be permitted to be
incorporated in such bridges. In this case, there must be detailed technical
designs approved by the project managing body or the competent land road
administration.
- Where technical designs of bridges spanning
rivers or streams cover a space not large enough to accommodate postal
communication works, such postal communication works shall be permitted to be
constructed within the bridges’ protection corridors (technical factors of
postal communication works that are related to the safety of traffic works
shall be examined and decided by the competent land road administration).
For the above-said cases, the construction shall
be started only after the competent State management body in charge of traffic
work protection considers and approves in writing right from the project
formulating process.
d/ In cases where it is necessary to use a land
road traffic work protection area for a postal communication work, the unit
designing such postal communication work or its investor shall, before
formulating the postal communication project, have to obtain consent of the
competent land road traffic work administration. In special cases, the two
sides shall make a site inspection and reach a written agreement on position
and technical requirements of the postal communication work.
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The competent land road administrations shall
consider and give their written consents on the construction of postal
communication works within the areas for protecting land road traffic works
under their respective management.
More concretely as follows:
- The Ministry of Communications and Transport
shall directly manage the system of national highways; the Vietnam Land Road
Administration shall directly manage a number of national highways’ sections
assigned by the Ministry of Communications and Transport; the provincial
People’s Committees shall manage a number of national highways’ sections and
routes assigned by the Ministry of Communications and Transport.
- The provincial-level People’s Committees shall
directly manage the systems of provincial roads and urban roads. The
provincial/municipal Services of Communications and Transport (or the
provincial/municipal Services of Communications and Public Works) shall
directly manage national highways’ sections already assigned by the Ministry of
Communications and Transport to the provincial People’s Committees and
important provincial routes (or sections of provincial roads).
- The district People’s Committees shall manage
roads within their districts. Specialized bodies under the district People’s
Committees shall be assigned tasks of directly managing provincial roads and
urban roads assigned by the provincial People’s Committees and manage the
system of district roads.
- The commune People’s Committees shall manage
commune roads within their communes.
- Organizations and individuals that have special-use
roads shall manage their own special-use roads under the guidance of
specialized management body(ies) and shall have to apply for permits of the
competent management body(ies) when the owners of postal communication works
propose the construction thereof within the land road traffic work protection
areas, and notify the provincial/municipal Services of Communications and
Transport or Services of Communications and Public Works thereof in writing.
The construction of work items that affects the
land road traffic safety must be permitted by the Vietnam Land Road
Administration, if the affected works are national highways; or by the
provincial/municipal Services of Communications and Transport, if the affected
works are local roads.
2.3. Upon proposing the construction of a postal
communication work within a land road traffic work protection area, the
investor of or the body managing such postal communication work shall have to
produce to the competent land road administration the following documents:
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- Technical design drawing of the postal
communication work within the land road traffic work protection area (already
approved by the competent authority).
- Design dossier for organizing the construction
and measures to ensure the traffic safety and safety of the traffic work in the
course of constructing the postal communication work within the land road
traffic work protection area.
- Written commitment of the postal communication
work’s investor to:
+ Promptly restore the initial state and quality
of the land road traffic work upon the completion of the construction of the
postal communication work.
+ Ensure that the operation, use and maintenance
of the postal communication work do not affect the quality of the land road
traffic work. If damage is caused, the repair must be made and the initial
state thereof must be restored.
+ When the land road traffic work is repaired,
expanded, renovated or upgraded, the postal communication work’s investor shall
have to reinforce or relocate its/his/her postal communication work.
2.4. The time limit for study, consideration of
and reply to the construction of postal communication works within the land
road traffic work protection areas shall be 15 days after the receipt of
complete and valid papers as specified above (except for case of site
inspection).
2.5. Units that construct postal communication
works shall have to follow the approved designs and contents inscribed in the
written permits.
15 days before commencing the construction, the
units that construct postal communication works shall have to notify in writing
the investors or bodies managing land road traffic works thereof for their
coordination, creation of favorable conditions and supervision.
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2.7. Funds for evaluating then permitting the
construction of postal communication works within the land road traffic work
protection areas and funds for supervision by the land road traffic work
investors or managing bodies shall be settled with the postal communication
works’ investors according to the current regulations.
2.8. After completing the construction of postal
communication works, the investors of or bodies managing such postal
communication works shall have to return the land road traffic works to their
initial state, while the units constructing the postal communication works and
the units managing land road traffic works shall have to conduct the
pre-acceptance inspection of works’ quality and hand over the works’ grounds
with written minutes.
For effective coordination in the management of
postal communication works as well as land road traffic works, the investors of
postal communication works shall hand one set of work completion dossier containing
site plan, position and dimensions of the postal communication work within the
land road traffic work protection areas to the body managing land road traffic
works.
2.9. When a land road traffic work or a postal
communication work needs to be repaired, upgraded, renovated or expanded, the
body managing such work shall have to notify the investor or the body managing
the related work within 30 days.
In cases where it cannot remove a postal
communication work from the required area, the investor of or the body managing
such postal communication work shall coordinate with the body managing the
related land road traffic work in devising handling measure(s).
In cases where a work is damaged due to force
majeure events and needs to be immediately repaired, the unit managing such
work shall promptly notify the unit managing the related work of the damage
within 48 hours for concentrated measures for restoration thereof.
Expenses for the removal and restoration of
postal communication works shall be borne by the investors of or the units
managing such postal communication works.
If 30 days after being notified of the repair,
upgrading or expansion of a land road traffic work and one day after being
notified of the restoration of a land road traffic work damaged by natural
calamities, the investor of or the unit managing the related postal
communication work still fails to take measures to restore its postal
communication work, the unit that carries out the construction of the land road
traffic work shall not take responsibility for damage of the postal
communication work.
2.10. When they have plans to build, renovate or
upgrade land road traffic works, the investors shall notify the investors of or
the units managing the related postal communication works of their plans for
coordination in designing.
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III.
ORGANIZATION OF IMPLEMENTATION
3.1. This Circular takes effect 15 days after
its signing.
3.2. The previous stipulations of the Ministry
of Communications and Transport and the General Department of Post and
Telecommunications, which are contrary to this Circular, are all annulled.
3.3. Organizations and individuals involved in
the construction and management of postal communication works within the land
road traffic work protection areas, the units managing land road traffic works
and other concerned units shall have to implement this Circular.
Any problems arising in the course of
implementation should be reported to the Ministry of Communications and
Transport and the General Department of Post and Telecommunications for timely
amendments and/or supplements.
FOR THE GENERAL DIRECTOR OF
POST AND TELECOMMUNICATIONS
DEPUTY GENERAL DIRECTOR
Nguyen Huy Luan
FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham Quang
Tuyen