|
THE
MINISTER OF TRANSPORT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No.
39/2011/TT-BGTVT
|
Hanoi,
May 18, 2011
|
CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO.
11/2010/ND-CP OF FEBRUARY 24, 2010, ON THE MANAGEMENT AND PROTECTION OF ROAD
INFRASTRUCTURE FACILITIES
Pursuant to the November 13,
2008 Law on Road Traffic:
Pursuant to the Government's Decree
No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Transport;
Pursuant to the Government's
Decree No. 11/2010/ND-CP of February 24, 2010, providing the management and
protection of road infrastructure facilities:
The Minister of Transport
guides a number of articles of the Government Decree No. 11/2010/ND-CP of
February 24, 2010, on the management and protection of road infrastructure
facilities, as follows:
Chapter I
GENERAL PROVISIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Circular guides a number of
articles of the Government's Decree No. 11/2010/ND-CP of February 24, 2010, on
the management and protection of road infrastructure facilities (below referred
to as Decree No. 11/2010/ND-CP), covering the protected area of road
infrastructure facilities, the use of this area, connection of feeder roads to
national highways, codes used in naming provincial roads, assurance of traffic
and traffic safety in the course of construction of works within the protected
area of road infrastructure facilities in operation, and inspection and
appraisal of road traffic safety.
Article 2.
Subjects of application
This Circular applies to
agencies, organizations and individuals involved in the management, protection,
exploitation and use of the protected area of road infrastructure facilities;
the assurance of traffic and traffic safety in the course of construction of
works within the protected area of road infrastructure facilities: and the
inspection and appraisal of road traffic safety.
Chapter II
THE PROTECTED AREA OF
ROAD TRAFFIC INFRASTRUCTURE FACILITIES
Article 3.
Land of road
Land of road covers the land
area on which road works are constructed and two land strips along both sides
of a road for administration, maintenance and protection of road works. Road
works include:
1. Roads
a/ Roads (base, surface course,
roadside, pavement);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Road tunnels (mountain
tunnels, river tunnels, road underpasses, railway underpasses, urban
underpasses), including pedestrian underpasses;
d/ Road ferry landings and
pontoons, underground roads, spillway roads.
2. Roadside parking lots and
stopovers, traffic control stations, vehicle weight checking stations, road and
bridge loll booths.
3. Road signaling systems,
consisting of traffic lights, road signs, road sign or traffic light gantries,
clearance frames and gantries, marker posts, milestones, painted lines and
other equipment.
4. Roundabouts, median strips,
barriers, parapets.
5. Survey and road boundary
landmarks and landmarks for ground clearance for construction of road works.
6. Road lighting systems.
7. Water drainage systems,
technical chambers and road embankments.
8. Anti-collision and wash,
water current-regulating and anti-erosion road works.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10. Auxiliary works for
environmental protection and traffic safety assurance.
Article 4.
Road safely corridors
1. Road safety corridor means land
strips along both sides of the land of road (including also water surface areas
along both sides of bridges, tunnels, ferry landings and pontoons) for assuring
traffic safety and protecting road works.
2. Road safety corridor limits
are specified in Articles 15 thru 19 of Decree No. 11/2010/ ND-CP. When
determining the width of the safety corridors for roads, road administration
agencies shall base themselves on the technical grades of roads managed under
the planning, or on the length of road bridges.
3. In case a road runs together
with an irrigation work, its safety corridor shall be determined in accordance
with the law on dikes.
Article 5
Determination of areas of land of road and road safety corridors
1. In case areas of land of road
and road safety corridors have not yet been determined, road boundary lines and
these areas shall be determined under Decree No. 11/2010/ND-CP.
2. For a road in operation for
which the area of road safety corridor was approved by competent authorities
before the effective date of Decree No. 11/2010/ND-CP, the areas of land of
road and road safely corridor shall be determined as follows:
a/ The area of land of road
shall be determined under Article 14 of Decree No. 11/ 2010/ND-CP:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In case the remaining area of
road safety corridor is larger than or equal to the width specified in Article
15 of Decree No. 11 /2010/ ND-CP, it shall be kept unchanged;
- In case the remaining area of
road safety corridor is narrower than the width specified in Article 15 of
Decree No. 11/2010/ND-CP. the area of road safety corridor shall be
re-determined under Decree No. 11/2010/ND-CP.
Article 6.
Protected overhead space of road works
1. If the protected overhead
space of works constructed before the effective date of this Circular (under
construction licenses granted by competent authorities) fails to meet the
requirements specified in Article 21 of Decree No. 11/2010/ND-CP but these
works cause no danger or pose no threat to traffic safely, it may be
temporarily kept unchanged.
2. Works which are newly
constructed or renovated, upgraded or expanded; and works which are currently
in operation and use but fail to meet the requirements specified in Article 21
of Decree No. 11/2010/ND-CP and cause dangers or pose threats lo traffic safety
must adequately assure (he following overhead space (vertically measured):
a/ For road flyovers. the
minimum vertical clearance from the highest point of the road surface to the
lowest point of the flyover span structure (excluding a height reserved for
future road surface elevation upon road repair, upgrading or expansion) is 4.75
m (four point seventy five meters);
Expressway flyovers must comply
with regulations of expressway design standards;
b/ For communications lines
hanging above roads, the minimum vertical clearance from the highest point of
the road surface (excluding a height reserved for future road surface elevation
upon road repair, upgrading or renovation) lo the lowest point of these lines
in the state of maximum sag is 5.5 m (five point five meters):
c/ For power transmission lines
hanging above roads, the minimum vertical clearance from the lowest point of
these lines in the state of maximum sag to the highest point of the road
surface (excluding a space reserved for future road surface elevation upon road
repair, upgrading or renovation) is 4.75 m (four point seventy five meters)
plus an electric discharge safety distance, depending on voltages of the lines,
as specified by the law on electricity.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Determination of a height
reserved for road surface elevation
a/ For works which overpass
roads, a height reserved for road surface elevation shall be determined based on
the actual state and planning of these roads;
b/ For road works beneath
flyovers or essential works, a height reserved for road surface elevation shall
be determined based on designs of these works and planning of relevant roads.
Article 7.
Horizontal road safety distance for essential works
1. Essential works specified in
Clause I. Article 12 of this Circular which are permitted by competent road
administration agencies to be constructed and lie within the areas of land of
road and road safety corridors (including underwater sections) must be at a
depth or a horizontal distance so that they do not affect the management,
maintenance, operation and durability of these works. The specific depth and
horizontal distance shall be decided by competent road administration agencies
in written approvals of construction of these works.
2. The minimum limit of the
horizontal road safety distance for pillars of essential works (lying inside or
outside the road safety corridor) is as follows:
a/ For pillars of a height (measured
from the ground at the pillar base to the pillar top) of over 4 m (four
meters), the minimum distance from the foot of the embanked road talus or the
top edge of the dug road talus to the pillar base is equal to 1.3 times the
pillar height".
b/ For pillars of a height
(measured from the ground at the pillar base to the pillar top) of 4 m (four
meters) or under, the minimum distance from the foot of the embanked road talus
or the top edge of the dug road talus to the pillar base is 5 m (five meters):
c/ For roads running through
inner cities or inner towns, the horizontal road safety distance limit is equal
to the width delimited by the construction boundaries under the approved
planning:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8.
Overlapping corridors of roads and railways
When the safety corridors of a railway
and a road overlap, they shall be demarcated on the principle of prioritizing
the formation of an adequate safety corridor for the railway while assuring
that the outer limit of this corridor does not overlap the talus or any part of
the road, specifically as follows:
1. In case a road and a railway
are adjacent and share a longitudinal trench, the boundary between their safety
corridors shall be determined under Clause 3, Article 15 of Decree No.
11/2010/ND-CP.
2. In case a road and a railway
share a common safety corridor between them narrower than the aggregate width
of the road and railway safety corridors as stipulated, an adequate safety
corridor for the railway shall be prioritized. If such an adequate safety
corridor for the railway embraces a road work, the limit of this corridor is
the outer edge of the work.
Article 9.
Works lying outside road safety corridors
1. The distance between works
lying outside road safety corridors and these corridors complies with Article
22 of Decree No. 11/2010/ND-CP.
2. Owners of works lying outside
road safety corridors and affecting traffic and traffic safety as detected by
competent road administration agencies shall take prompt measures to remedy the
situation at the request of these agencies. In case work owners fail to do so,
road administration agencies shall make dossiers requesting competent People's
Committees to handle them under law.
Chapter
III
USE AND EXPLOITATION OF
THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
I. The protected area of road
infrastructure facilities may be used only for construction of road works and
works to be used and exploited for road traffic and transport safety purpose,
except some essential works which cannot be located outside this area and have
permits of competent agencies. It is prohibited to illegally build other works
within the protected area of road infrastructure facilities.
The exploitation and use of the
protected area of road infrastructure facilities comply with Articles 26 and 28
of Decree No. 11/2010/ND-CP and this Circular.
2. Before expanding boundaries
of inner cities or inner towns with roads running through, provincial-level
People's Committees shall build collector roads for road sections planned to
lie in the expanded areas of inner cities or inner towns and points of
connection as specified in this Circular.
3. Points of direct connection
to national highways must be limited. Roadside industrial parks, economic
zones, residential areas, trade - service zones or other construction projects
must be located outside the road safety corridors and must have collector roads
connecting them to feeder roads. In case of no feeder road, their collector
roads may be connected directly to national highways but the minimum distance
between two points of connection to a national highway specified in this
Circular must be ensured.
4. Collector roads must lie
outside road safety corridors and be constructed for use for one or many
adjacent projects.
In special cases in which
terrain conditions are unfavorable or land areas for construction of collector
roads are insufficient, authorities may consider and permit part of collector
roads to lie within the road safety corridor. For local roads, provincial-level
People' Committees shall make decision. For national highways, the Ministry of
Transport shall make decision on the basis of proposals of provincial-level
People's Committees and appraising opinions of the Vietnam Road Administration.
5. Feeder roads may be connected
to national highways currently in use under Article 29 of Decree No.
11/2010/ND-CP and this Circular.
In case of necessity, competent
agencies shall consider and permit temporary connection of feeder roads to
national highways for transportation of materials and equipment and
construction of infrastructure facilities of projects lying outside the area of
land of road.
6. Petrol stations constructed
along national highways must be in line with the planning of petrol stations
approved by provincial-level People's Committees (or the Ministry of Industry
and Trade); points of connection of access roads to these stations must be in
line with the planning of points of connection agreed upon by the Ministry of
Transport and provincial-level People's Committees.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Roads running from
residential houses may only be connected to national highways through feeder
roads; existing roads of this type must be gradually eliminated and replaced
with collector roads under the approved planning on points of connection.
9. The use of overlapping road
and railway safety corridors must be approved in writing by competent road
administration and railway administration agencies.
10. Billboards within road
safety corridors may be temporarily installed only when terrain conditions
outside these corridors are unfavorable. All forms of advertisement within the
area of land of road are prohibited.
11. It is prohibited to use
spaces beneath road bridges for dwelling, provision of services, car stops or
terminals likely to make these bridges and traffic unsafe and cause
environmental pollution.
In case of using spaces beneath
road bridges in urban areas as makeshift car parks, decisions of
provincial-level People's Committees, for locally managed bridges on urban
roads, or decisions of the Ministry of Transport on the basis of proposals of
provincial-level People's Committees, for bridges on national highways running
through urban centers, are required. Provincial level Transport Departments are
responsible for organizing the use of spaces under road ridges in urban areas
as makeshift car parks. Makeshift car parks must assure fire and explosion
prevention and fighting safety. traffic safety and environmental protection and
convenience for bridge inspection, maintenance and repair under regulations.
12. For hydropower projects and
irrigation projects having roads for inundation avoidance:
a/ The construction of roads for
inundation avoidance shall be funded by investors of hydropower projects or
irrigation projects:
b/ Right at the stage of project
formulation. project investors are required to reach agreement with the Vietnam
Road Administration on road direction, size, technical standards and other
issues related to national highways;
c/ Provincial-level People's
Committees shall designate agencies competent to reach agreement concerning
local roads
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 11.
Management of use and exploitation of the protected area of road infrastructure
facilities constructed in the form of build-operate-transfer(BOT),
build-transfer-operate (BTO) or build-transfer (BT) and special-use roads
1. For the construction of
essential works, construction and renovation of traffic hubs and points of
connection which are related to road works constructed in the form of BOT, BTO
or BT, competent road administration agencies, when implementing planning
agreements, approving construction and designs and licensing construction
shall, in addition to complying with this Circular, obtain written consents of
investors of BOT. BTO or BT projects on traffic safety, impacts on work structure,
toll collection and other relevant issues.
2. The construction of essential
works, construction and renovation of traffic hubs and points of connection
which are related to special-use roads shall be directly considered and decided
by organizations and individuals that manage and operate these special-use
roads.
Article 12.
Essential works build within the protected area of road infrastructure
facilities
1. Essential works include:
a/ Works for national defense or
security:
b/ Works for road management and
exploitation-
c/ Telecommunications and
electricity works, water supply and drainage, petrol, oil and gas pipelines;
d/ Works with particular
technical requirements which cannot be located outside the protected area of
road infrastructure facilities: works which must be located on the same plane
with road works in order to assure synchronism and economy.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. For essential works
constructed outside the protected area of road infrastructure facilities but
still affecting traffic safety and safety of road infrastructure facilities,
their construction must be approved by competent road administration agencies.
4. Essential works which are
approved and licensed for construction under Clause 2 of this Article must be
promptly removed at the request of competent road administration agencies without
any compensations or supports for removal of parts of works already approved
and licensed for construction; investors or users of essential works shall take
full responsibility for the construction of essential works.
Article 13.
Approval of construction of essential works within the protected area of road
infrastructure facilities of national highways in operation
1. Before submitting their
projects to competent authorities for approval, investors of projects lo
construct essential works shall send dossiers of application for approval of
construction of these works within the protected area of road infrastructure
facilities to competent road administration agencies for consideration and
approval, specifically as follows:
a/ The Ministry of Transport shall
give approval for projects related to expressways and roads subject to separate
management and use regulations;
b/ The Vietnam Road
Administration shall give approval for the following projects, except those
specified at Point a of this Clause:
- Projects to construct new
essential works of group A or group B; essential works related to grade-l.
grade-II or grade-Ill roads or falling within the scope of management by two or
more agencies directly managing national highways (Road Administration Sections
or provincial-level Transport Departments);
- Projects to repair, renovate
or upgrade essential works related to grade-l or grade-II roads.
c/ Road Administration Sections
or provincial-level Transport Departments shall give approval for:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Projects lo repair, renovate
or upgrade essential works related to roads of grade III or lower grades.
2. The order and method of
carrying out procedures comply with Article 18 of this Circular.
3. Dossiers of application for
approval of construction of essential works
a/A dossier comprises: An
application for approval of construction of an essential work within the
protected area of road infrastructure facilities (the original), made according
to a set form provided together with this Circular (not printed herein).
-The design dossier (the
original), consisting of site plans, vertical and horizontal surveys oi the
location of the road section in which the work is to be built. If the design
dossier is a technical design dossier or construction drawing design, for
essential works to be constructed above bridges, tunnels or other complex road
works, there must be a report on results of design appraisal (a copy certified
by the work owner);
- Commitments to remove or
renovate the work according to the schedule set by a competent road
administration agency, not to claim any compensations, and lo bear all relevant
costs incurred.
b/ The number of dossier set:
One set.
4. The time limit for giving an approval
is 10 working days after receiving a complete dossier as required.
5. A written approval of
construction of an essential work is valid for 18 months after the date of
grant. Beyond this duration, it must be extended according to the following
procedures' a/An application for extension (the original), made according to a
set form provided together with this Circular (not printed herein) by the work
owner;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Extension duration: Extension
shall be granted only once for not more than 12 months;
d/ The order and method of
carrying out procedures comply with Article 18 of this Circular.
Article 14.
Grant of licenses for construction of essential works within the protected area
of road infrastructure facilities of national highways in operation
1. After obtaining a written
approval of construction of an essential work from a competent road
administration agency, the investor of the essential work shall:
a/ Complete the design dossier
according to this written approval;
b/ Appraise the work design
dossier under regulations on work investment and construction management:
c/ Approve the project to
construct the work under current regulations;
d/ Send the dossier under Clause
3 of this Article to a competent agency for applying for a work construction
license.
Agencies competent to license
the construction are Road Administration Sections or provincial-level Transport
Departments assigned to manage national highway sections.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Dossiers of application for
licenses for construction of essential works
a/ A dossier comprises:
- An application for a license
for construction of an essential work (the original), made according to a set
form provided together with this Circular {not printed herein);
- A written approval of
construction of an essential work given by a competent road administration
agency (a copy certified by the investor):
- A dossier of construction
drawing designs, indicating construction methods assuring traffic safety, which
is approved by a competent authority (the original).
b/ The number of dossier sets:
One set: particularly for the dossier of construction drawing designs, two
sets.
4. The time limit for handling
the dossier is 10 working days after receiving a complete dossier as required.
5. Investors shall take
responsibility for the construction quality of essential works, which may
affect traffic safety and durability of the structure of road works. Design
consultants, construction supervision consultants and construction contractors
of essential works must have full practice capability.
6. Essential works constructed
within the protected area of road infrastructure facilities must be tested for
acceptance by construction-licensing agencies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Users or commercial operators
of essential works shall maintain these works. They are not required to apply
for a construction license for regular maintenance of essential works but shall
take responsibility for any traffic accidents caused by the regular
maintenance. Any regular repair which would affect traffic safely or durability
of road works is subject to construction licensing under Clauses 2. 3 and 4 of
this Article.
Article 15.
Approval and licensing of construction of temporary billboards within road
safety corridors, of national highways in operation
1. The installation of
billboards inside or outside road safety corridors must comply with the law s
on advertisement and management and protection of road infrastructure
facilities. Individuals and organizations licensed to install billboards shall
bear full responsibility for incidents caused by the installation of
billboards.
2. The minimum road safely
distance measured transversally from the billboard's point closest to the road
to the outer edge of the land of road is 1.3 (one point three) times the height
up to the highest point of the billboard and must be at least 5 (five) meters.
3. The minimum transversal road
safety distance for billboards installed outside the land of road must comply
with Clause 2 of this Article. If this distance is inadequate, road
administration bureaus shall request agencies licensing the construction of
billboards to order billboard installers to stop.
4. Agencies competent to approve
and license the construction of temporary billboards within the road safely
corridors of national highways in operation are:
a/ The Ministry of Transport,
which approves the construction of billboards for grade-I roads and roads subject
to discrete management regulations;
b/ The Vietnam Road
Administration, which approves the construction of billboards along national
highways, except the roads specified at Point a of this Clause;
c/ Road Administration Sections
or provincial-level Transport Departments, which approve the construction of
billboards along national highway sections under their management.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 16.
Construction of essential works along newly built, upgraded or renovated
national highways
1. When formulating a project to
build, upgrade, renovate or re-direct a national highway section or a bypass
section, the project investor shall:
a/ Send to related ministries,
sectors and provincial-level People's Committees a notice of vital information
on the project (technical grade, size, direction, cross-section and projected
time of construction commencement and completion) so that organizations that
need to construct essential works can know about the national highway
construction project:
b/ Summarize needs for essential
works to be constructed within the protected area of road infrastructure
facilities under the project and report them to the investment-deciding
authority for consideration of relevant issues. Propose measures to assure
safety and durability of works of the road project which might be affected by
the construction of essential works:
c/ Based on opinions of the
investment-deciding authority, notify organizations wishing to construct
essential works of the requirement to construct technical chambers or to
implement measures to assure safely and durability of works of the road project
when constructing essential works.
2. Organizations and individuals
that wish to construct essential works related to a project to build, upgrade
or renovate a national highway- shall:
a/ Send a written request
(enclosed with technical designing requirements on essential work items to be
constructed within the protected area of road infrastructure facilities) to the
project investor;
b/ Take measures to assure
safety and durability of road works in the course of construction of essential
works and the road projects progress.
3. When wishing to construct or
install essential works in technical chambers of constructed road works,
investors of projects involving essential works shall comply with Article 14 of
this Circular to obtain construction licenses and pay technical chamber rents
under law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 17.
Construction of road works within the land of road reserved for national
highways in operation
1. Before submitting lo a
competent authority for approval a project to build, upgrade or renovate road
works within the land of road (except projects in which investment is decided
or made by the Ministry of Transport or the Vietnam Road Administration), a
project investor shall send a dossier of application for approval lo the
Vietnam Road Administration.
2. Investors or contractors for
construction of road works on national highways in operation shall request Road
Administration Sections or provincial-level Transport Departments assigned to
manage road sections to grant licenses for construction assuring traffic
safety, specifically as follows:
a/ The order and method of
carrying out procedures comply with Article 18 of this Circular,
b. A dossier of application for
a construction license comprises:
- An application for a license
for construction of works (the original), made according to a set form provided
together with this Circular (not printed herein);
- A written approval of designs
given by a competent road administration agency (a copy certified by the work
owner);
- A dossier of construction
drawing designs, indicating construction methods assuring traffic safety, which
is approved by a competent authority (the original).
The number of dossier sets: One
set.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Projects to upgrade or
renovate roads in operation of which the Ministry of Transport or the Vietnam
Road Administration is the investor are not subject to construction license.
How ever, before commencing the construction, project management units or
construction contractors shall send to competent road administration agencies a
relevant dossier comprising a project approval decision, an approved dossier of
construction drawing designs, including construction plan and measures lo
assure traffic safety, for the latter to consider and approve in writing the
construction duration and measures lo assure traffic safety in the course of
construction.
4. Organizations and individuals
that manage and maintain roads are not required to apply for a construction
license for their regular maintenance activities but shall strictly implement
measures to assure traffic safety in the course of performing their task.
5. For locally managed and
maintained roads, provincial-level People's Committees shall promulgate
relevant regulations to comply with law and suit actual conditions of their
localities, except for national highways entrusted to them for management.
Article 18.
Order and method of carrying out administrative procedures
1. Method: Organizations and
individuals shall file their dossiers and receive results directly al offices
of agencies competent to handle administrative procedure or by post.
2. Order of carrying out
procedures
a/ Organizations and units shall
submit their dossiers to competent agencies:
b/ Competent agencies shall
receive dossiers. For directly filed dossiers, after examining the dossiers and
finding that they are invalid, they shall guide the dossier completion. If
dossiers are valid, they shall issue appointments for applicants to get results;
c/ Agencies competent to carry
out procedures shall examine dossiers. If dossiers are invalid under
regulations. they shall provide written guidance on completion thereof (for
dossiers filed by post). If dossiers are valid, they shall grant written
approvals or construction licenses. In case of disapproval or refusal to grant
a license, they shall reply in writing, clearly slating the reason.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CONNECTION OF FEEDER
ROADS TO NATIONAL HIGHWAYS
Article 19.
Connection of feeder roads to national highways
1. Feeder roads lo be connected
to national highways include:
a/ Provincial, district, commune
and urban roads;
b/ Access roads to petrol
stations or roadside stations;
c/ Special-use roads: forestry
roads, roads serving mining or construction activities, roads of industrial
parks or roads connected to individual works;
d/ Collector roads and roads
connected to collector roads.
2. Feeder roads shall be
connected to national highways at points of connection specified in the
planning of points of connection to national highways running through provinces
and centrally run cities (below referred to as the planning of points of
connection) approved by provincial-level People's Committees after obtaining
the Ministry of Transport's written agreement.
In urban areas, the connection
of feeder roads to national highways complies with the approved urban planning.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The elevation of access roads to
and construction grounds of petrol stations and roadside stations or other
facilities must ensure water drainage in the area or be lower than that of the
road surface.
3. Minimum distance between two
points of connection to a national highway:
a/ The minimum distance between
two points of connection of a provincial, district, commune, urban, special-use
or feeder road to a national highway:
- In inner cities and inner
towns (as specified in the Government's regulations on classification of urban
centers and urban management authorities): The distance between two consecutive
points of connection shall be determined according to the planning approved by
urban planning agencies but must not be shorter than 1,000 m (one-thousand meters):
- Outside inner cities and inner
towns:
+ For a newly built national
highway, the distance between two consecutive points of connection shall be
determined based on the grade of the road's section but must not be shorter
than 5.000 m (five-thousand meters). for grade-I or grade-II roads. 2.000 m
(two-thousand meters), for grade-Ill roads, and 1.500 m (one-thousand
five-hundred meters), for roads of grade IV or lower grades:
+ For existing roads or roads
renovated or upgraded to grade I or grade II with median strips and sufficient
land for construction of speed-change lanes (vehicles will only turn right at
inter-sections), the distance must not be shorter than 3.000 m (three-thousand
meters) or 1.500 m (one-thousand five-hundreds meters), for grade III roads, or
1.000 in (one-thousand meters), for roads of grade IV or lower grades:
+ In areas with unfavorable
terrain conditions such as high mountains, deep abysses, rivers, streams and
other irremovable obstacles that divide the road safety corridor. the distance
between two consecutive points of connection shall be approved by competent
state management agencies but must not be shorter than 1.000 m (one-thousand
meters);
b/ The minimum distance between
two consecutive petrol stations (measured from the middle point of each
station) with access roads connected to national highways must ensure the
distance between two points of connection specified at Point a of this Clause
and. at the same lime, satisfy the following regulations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- For those outside inner cities
or inner tow us: The distance between two petrol stations located on the same
side of a national highway must not be shorter than 12.000 m (twelve-thousand
meters).
c/ In case a petrol station is
planned lo be located close to or right at the point of connection of another
access road. The planning shall be adjusted with priority given to the work
which was first built or the common-use work so that there will be only one
point of connection at that location.
4. filter-sections between
feeder roads and national highways must be designed in conformity with current
technical standards on motorway designs.
5. Connection of feeder roads to
national highways which are newly built or upgraded, renovated or re-directed
or have newly built bypass sections:
a/ Right in the stage of project
formulation, the national highway project investor shall, based on
socio-economic development master plans of localities through which the planned
national highway will run. identify the locations of inter-sections
(inter-sections and interchanges with different grades or interchanges) between
existing roads and the planned national highway and the locations of access
roads to service stations according to motorway design standards. The investor
shall also send the design plan of the planned national highway lo the
provincial-level Peoples Committee for the hitter's opinions so as to make
proper adjustments;
b/ On the basis of the design of
the planned national highway, the provincial-level People's Committee shall
make a list of points- of connection (including petrol stations) according lo
the size of, and technical standard applicable to, the planned national highway
and send it to the Ministry of Transport for agreement on related issues.
Competent authorities shall approve the national highway project and technical
designs of the planned national highway on the basis of the Ministry of
Transport's opinions.
6. Connection of feeder roads lo
national highways in operation
a/ Provincial-level People's
Committees shall base themselves on local socio-economic develops needs and
transport development plans to elaborate the planning of points of connection.
The process of elaboration, consultation, approval and implementation of the
planning of points of connection complies with Article 20 of this Circular-.
b/ Investors and users of
inter-sections shall themselves remove or upgrade these intersections without
receiving any compensations or supports when so requested by competent road
administration agencies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The planning of points of
connection covers the identification of locations and forms of connection
between national highways and feeder roads which shall serve as grounds for the
construction of inter-sections and elaboration of traffic arrangement plans to
assure traffic safety and protect road works.
Provincial-level People's
Committees shall assign qualified consultancy units to plan points of
connection and assign local functional agencies to appraise the planning before
consulting the Ministry of Transport. The planning of points of connection may
be made for all or each of national highway running through a locality. The
planning of points of connection has the following basic contents:
1. Collecting information on the
current and expected technical grade of the to-he-connected national highway.
2. Conducting surveys and making
statistics of:
a/ The existing feeder roads
specified in Clause I, Article 19 of this Circular. To identify points of
connection of feeder roads licensed or not yet licensed by competent
authorities and determine the locations of points of connection according to
current motorway design standards for inter-sections:
b/ The national highway's
sections running inside and outside urban centers: road sections lacking land
for the construction of collector roads and with unfavorable terrain conditions
for the construction of collector roads along the national highway;
c/ Feeder roads with a width
narrower than or equal to 2.5 m (two point five meters) spontaneously connected
lo the national
highway before the effective
date of Decree No. 186/2004/ND-CP of Nov ember 5, 2 (X) 4 (below referred to as
Decree No. 186/2004/ND-CP) and accessible only for motorcycles, motorbikes and
rudimentary vehicles which are not yet necessary to be renovated or expanded,
so as lo work out an appropriate closure roadmap under Clause 1 of Article 25:
d/ Petrol stations built under
the planning of petrol stations approved by provincial-level People's
Committees (or the Ministry of Industry and Trade), identifying those which are
licensed to temporarily use road safely corridors as access roads and those which
are not licensed to do so.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Summarizing appraising
opinions of local functional agencies on such contents as conformity with
socio-economic development master plans, land use plans, especially land for
construction of collector roads, and the planning on petrol stations involving
the use of points of connection.
4. The planning of points of
connection to each national highway shall be made in a separate dossier for
convenient monitoring and management. A dossier of the planning of points of
connection comprises:
a/ Explanations of the planning
of points of connection
- The socio-economic development
situation in localities and areas along both sides of the national highway in
which points of connection are planned for construction:
- The current state of the
national highway: Grade, starting and ending points: special sections (running
through inner cities 01 inner towns, great bridges or tunnels or crossing
railways): the current situation of use of the road safety corridor and traffic
safety in the national highway: information on the planning of the national
highway:
- Explanations of reasons for
building collector roads within the road safety corridor and reasons for
planning points of connection which fail to assure the prescribed minimum
distance between two points of connection: roadmap for closing narrow collector
roads specified at Point c. Clause 2 of this Article:
- The planning of petrol
stations in the province (if any), approved by a competent authority;
- Urban development plans (if
any) of urban centers through which the national highway will run. approved by
a competent authority;
- Opinions of the Road
Administration Section or provincial-level Transport Department directly
managing the national highway on the contents of the planning of points of
connection.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A summary of basis contents on
the current state and planning of points of connection to the national highway:
- A site plan displaying the
planning of points of connection.
5. Consultation on the planning
of points of connection
a/ The provincial-level People's
Committee shall send a written request, enclosed with a set of dossier of the planning
of points of connection (and its soft copy j to the Ministry of Transport and
the Vietnam Road Administration:
b/ The Vietnam Road
Administration shall study the dossier for reporting and proposing the Ministry
of Transport to consider and give approval on the planning of points of
connection. In case of necessity it may request in writing the locality to
supplement or modify the dossier before submitting it the Ministry of
Transport.
6. Funds for making the planning
of points of connection comply with limits of expenditures for elaboration and
appraisal of socio-economic development master plans and key products
prescribed by law.
Article 21.
Approval and implementation of the planning
1. Oval and implementation of
the planning
a/ Pursuant to the written
agreement of the Ministry of Transport, the provincial-level People's Committee
shall approve, announce, and organize the implementation of the planning of
points of connection; and send the dossier of the approved planning to the
Ministry of Transport and the Vietnam Road Administration for coordinated
implementation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. After building a new point of
connection or renovating or expanding an existing one under the approved
planning of points of connection, the provincial-level People's Committee shall
close points of connections which fail to assure the minimum distance between
two points of connection. It shall also close points of connection of narrow
feeder roads specified at Point c. Clause 2, Article 20 of this Circular
according to the set roadmap.
3. In case localities have
obtained agreements from the Ministry of Transport on their planning of points
of connection or have sent dossiers of planning of points of connection to the
Ministry of Transport and the Vietnam Road Administration before the effective
dale of this Circular (determined by the postal mark), if considering that such
planning needs modification or supplementation to comply with Decree No. 11/2010/ND-CP
and this Circular, they shall send a modified dossier to the Ministry of
Transport and the Vietnam Road Administration for consideration and settlement.
4. Inter-sections to national
highways in operation may be constructed only after their designs and traffic
arrangement plans arc approved by competent road administration agencies
according to regulations and a construction license is granted by the Road
Administration Section or provincial-level Transport Department concerned.
Article 22.
Approval of designs and construction plans for inter-sections to national
highways
Owners of works or projects
which are assigned by provincial-level People's Committees to use points of
connection under the approved planning of points of connection shall, based themselves
on current motorway design standards and requirements, elaborate designs and
traffic arrangement plans of inter sections to national highways and send them
to competent road administration agencies for consideration and approval. The
Ministry of Transport shall decentralize road administration agencies competent
to approve technical designs and traffic arrangement plans of intersections
and provide for dossiers of request for approval as follows:
1. Competent road administration
agencies:
a/ The Vietnam Road
Administration shall approve and file dossiers of designs and traffic
arrangement plans of inter-sections related to roads managed under separate
regulations and to grade-I, grade-II and grade-Ill roads:
b/ Road Administration Sections
or provincial-level Transport Departments shall approve and file dossiers of
designs and traffic arrangement plans of inter-sections related to roads of
grade IV or lower grades under their management.
2. The order and method of
carrying out procedures comply with Article 18 of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ A dossier comprises:
- A request for approval of the
technical design and traffic arrangement plan of the inter section (the original).
covering commitments to removing or renovating the inter section when so
requested by road authorities without claiming any compensation, made according
to a set form provided together with this Circular (not printed herein).
A certified copy of the planning
of points of connection to the national highway approved by the
provincial-level People's Committee or a copy of the Ministry of Transport's
written approval of the connection of feeder roads to the national highway, for
national highways for which no planning of points of connection has been
approved;
- The document (the original)
issued by the provincial-level People's Committee to assign (the organization
or person to act as the investor or user of the inter-section, in case the
planning of points of connection or the Ministry of Transport's document does
not yet identify the investor or user of the inter-section;
- The technical design and
traffic arrangement plan (the original.) of the intersection (stating
construction methods assuring traffic safety), elaborated by a licensed road
construction consultancy organization.
b/ The number of dossier set;
One set.
4. The time limit for handling
the dossier is 10 days after receiving a complete dossier as required.
5. Investors of projects on building
roads connected to national highways of which the technical designs have been
approved by the Ministry of Transport or the Vietnam Road Administration are
not required to seek approval of technical designs and traffic arrangement
plans of inter-sections.
6. A written approval of the
technical designs and traffic arrangement plan of an inter-section is valid for
12 months from the date of issue. Past this duration, a renewal request must be
made. Renewal procedures are the same as those for renewal of the written
approval of construction of essential works specified in Clause 5. Article 13
of this Circular
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. After obtaining a written approval
of the technical design and traffic arrangement plan from a competent road
administration agency, the investor or user of the inter-section shall carry
out the following procedures:
a/ Complete the dossier of design
and traffic arrangement plan of the inter-sec lion, indicating construction
methods assuring traffic safety as specified in the written approval:
b/ Appraise or propose a
competent agency to app the design dossier according to regulations.
c/ Approve the project on
construction of the inter-section undercurrent regulations;
d/ Send the dossier of
application for a work construction license specified in Clause 3 of this
Article to a competent agency.
The competent agency is the Road
Administration Section or the provincial-level Transport Department assigned to
manage the concerned national highway.
2. The order and method of
carrying out procedures comply with Article 18 of this Circular.
3. Dossiers of application for
licenses for construction of inter-sections to national highways
a/ A dossier comprises:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A written approval of the
construction or design of the inter-section given by a competent road
administration agency (a copy certified by the investor);
- A dossier of construction
drawing designs (indicating construction methods assuring traffic safety)
approved by a competent authority (the original).
b/ The number of dossier sets:
Two sets.
4. The time limit for processing
the dossier is 10 working days after receiving a complete dossier as required.
5. Inter-sections must be
checked by construction-licensing agencies before operation.
6. Investors shall take
responsibility for the quality of inter-sections which affect traffic safety or
durability of road infrastructure facilities. They shall submit 1 set of the
construction completion dossier to construction-licensing agencies for archive
and supplementation of details on their intersections to road section
management dossiers.
7. Users of inter-sections shall
maintain these inter-sections. They are not required to apply for a
construction license for regular maintenance but shall take responsibility for
any traffic accidents caused by maintenance.
Regular repairs of
inter-sections are subject to construction licensing under Clause 2, Article 17
of this Circular.
Article 24.
Temporary connection to national highways in operation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The duration of operation of
a temporary point of connection specified in Clause 1 of this Article complies
with the project construction schedule but must not exceed 12 months. In
special cases, this duration may be extended once but must not exceed 24
months. Upon the expiration of the extension duration, the project owner shall
close the temporary point of connection and restore the original state of the
road safety corridor.
For projects/works to be
implemented/ constructed in a period longer than 24 months, it is required to
build collector roads from the construction site to the nearest inter-section
indicated in the approved planning of points of connection.
3. The order, dossier and lime
limit for approval of temporary connection are specified as follows:
a/ The organization or person
wishing to open a temporary point of connection shall send to the
provincial-level Transport Department a dossier set, comprising:
- A written request for approval
of temporary connection, clearly staling the reasons, proposed location and
specification of the temporary point of connection and the duration of
operation;
- The investment strategy
approval or decision approving the investment project, issued by a competent
agency, and other relevant documents (if any):
- A document issued by the Road
Administration Section or the provincial-level Transport Department assigned to
manage the concerned national highway on the current state of the national
highway's section in which a temporary point of connection is requested for
opening, its possible impacts on traffic safety and remedies:
- The site plan of the national
highway's section with the temporary point of connection and the traffic
arrangement plan of the intersection.
b/ The provincial-level
Transport Department shall appraise and submit the dossier to the provincial-level
People's Committee:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ The Ministry of Transport
shall consider and approve the temporary connection within 15 days after
receiving a complete dossier as required; in case of refusal, it shall issue a
written reply.
4. The approval of designs and
licensing of the construction of temporary inter-sections comply with Articles
22 and 23 of this Circular.
Article 25.
Settlement of existing problems in the use of road safety corridors
1. Pending the construction of
collector roads, daily-life roads with a width narrower than or equal to 2.5 m
(two point five meters) which were spontaneously connected to national highways
before the effective date of Decree 186/2004/ND-CP and are accessible only for
motorcycles, motorbikes and rudimentary vehicles may retain their current state
by the end of 2015.
2. Petrol stations which were
connected to national highways under approval of competent agencies but fail to
satisfy the minimum distance between two petrol stations specified in this
Circular may exist but localities shall complete their relocation or closing
under planning before December 31, 2015.
Provincial-level People's
Committees shall direct local functional agencies to consider and handle
according to law petrol stations along national highways which were
spontaneously built and illegally connected to national highways or lie within
road safety corridors.
3. Houses and production,
business and service establishments which use land within road safety corridors
but do not affect traffic safety and safety of road works may retain their current
state without any extension or development. Land users shall commit in writing
with commune-level People's Committees and units directly managing the road
sections concerned to refraining from expanding or developing them. In case
works for which no ground clearance compensation has been made by the State are
degraded while their users still wish to use them, competent authorities shall
inventory the land and attached assets to serve as a ground for payment of
compensation or temporary construction licensing.
4. For cases of using land
within road safety corridors and affecting traffic safety or safety of road
works, competent road administration agencies shall determine the degree of
impact and propose competent People's Committees to recover land and pay
compensation and supports for land and attached assets which had existed before
road safety corridors were announced.
5. Works that encroach land or
illegally occupy land within road safety corridors shall be dismantled without
any compensation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Road Administration Sections and
provincial-level Transport Departments shall direct attached road
administration units to coordinate with commune-level People's Committees in.
based on verification data and archived documents, drawing site plans, displaying
the location, time of construction, and sizes of works lying within traffic
safety corridors under Decree No. 11/2010/ND-CP according to the following
points of time:
a/ Before December 21, 1982,
when no specific regulations on road safety corridors were available;
b/ From December 21, 1982, till
before January 1, 2000, when construction and expansion of works in and
encroachment upon road protection corridors were banned under Decree No.
203/HDBT of December 21, 1982 of the Council of Ministers (now the Government);
c/ From January 1, 2000, till
before November 30, 2004, when construction and expansion of works in and
encroachment upon road protection corridors were banned under the Government's
Decree No. 172/1999/ND-CP of December 7, 1999, detailing the Ordinance on
Protection of Traffic Works regarding road traffic works;
d/ From November 30.2004, till
before April 15, 2010, when construction and expansion of works in and
encroachment upon road safely corridors were banned under the Government's
Decree No. 186/2004/ND-CP;
e/ From April 15, 2010, when
construction and expansion of works in and encroachment upon road safety
corridors are banned under the Government's Decree No. 11/2010/ND-CP.
Article 26.
Responsibilities of road administration units
1. Road administration units
(for roads in operation) or investors (for roads under construction or being
upgraded or renovated) shall assume the prime responsibility for, and
coordinate with district- and commune-level People's Committees in, elaborating
and publicizing plans on planting boundary landmarks of road safety corridors
for submission 10 provincial-level People's Committees for approval: organizing
the planting of boundary landmarks for handing over to commune-level People's
Committees for management and protection of road safety corridors with planned
road boundary landmarks.
2. Road administration units
shall regularly inspect to detect in time acts of encroaching, appropriating or
illegal) using road safety corridors. Upon detecting any violations, they shall
request violators to stop their violations and notify these violations to
commune-level People's Committees or road administration inspectorates for
coordination in making records of administrative violations and handling
according to regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Road administration units
shall lake the prime responsibility for managing and protecting road works and
land of road. They shall regularly inspect so as to detect in time acts of
infringing upon road works or encroaching, appropriating or illegally using
land of road. Upon detecting any violations, they shall, in coordination with
local administrations, make records of violations, request violators to
immediately stop their violations and. when necessary, apply interim measures
to assure traffic safety and the safety of road works. Within 24 hours after
making a record, road administration units shall make a dossier of the
violation for submission to road administration inspectorates and local law
enforcement agencies for handling of the violation according to law.
Article 27.
Responsibilities of road administration agencies and People's Committees of all
levels
1. Road Administration Sections
and provincial level Transport Departments shall elaborate plans and measures
for handling violations of regulations on road safety corridors which have not
yet been thoroughly handled and report results and arising difficulties and
problem the Vietnam Road Administration (for national highways) or
provincial-level People's Committees (for locally managed roads) for continued
handling.
To upgrade data on essential
works which are newly built or repaired and upgraded in the plan on management
of essential works along roads under their management.
2. The Vietnam Road
Administration shall, in pursuance to this Circular, organize the management
and protection of road infrastructure facilities for national highways
nationwide;
3. Provincial-level People's
Committees shall:
a/ Comply with regulations on
land allocation and lease and grant of planning certificates and construction
licenses for works along roads:
b/ Invest in (he construction of
collector roads (lying outside road safety corridors) along both sides of
national highways under the approved planning of points of connection: prevent
and stop the construction of houses along national highways and the building of
roads connecting houses directly to national highways.
4. District-level People's
Committees shall:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Apply coercive measures to
handle violations and restore order in road safety corridors; prevent and stop
re-encroachment or illegal use of road safety corridors;
c/ Coordinate with road
administration units and road administration inspectorates in handling
according to their competence acts of infringing upon road works or encroaching
upon, appropriating or illegally using land reserved for roads.
5. Commune-level People's
Committees shall:
a/ Detect and coordinate with
road administration units and road administration inspectorates in handling
according to their competence acts of encroaching upon, appropriating or
illegally using road safety corridors;
b/ Receive, manage and protect
road boundary landmarks.
Article 28.
Responsibilities of other organizations, individuals and agencies
1. Agencies, organizations and
individuals shall protect road infrastructure facilities, detect and promptly
report to road administration agencies or the nearest People's Committees on
violations of regulations on protection of road infrastructure facilities; take
responsibility before law for violations of regulations on protection of road
infrastructure facilities, especially in cases of failure to comply with
requests of road administration units or law enforcement agencies when the
latter make records of and handle violations according their competence.
2. Road administration
inspectorates shall:
a/ Assume the prime
responsibility for, and coordinate with road administration units in, handling
in time violations of regulations on management and protection of road
infrastructure facilities under their management;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Assume the prime
responsibility for, and coordinate with road administration units in,
completing dossiers of violations of regulations on road works or encroachment
upon, appropriation or illegal use of land of road: and handle these violations
according to their competence. For violations which cause serious consequences,
they shall transfer dossiers to competent agencies for handling according to
law.
3. Local law enforcement
agencies shall, within the ambit of their tasks and powers, handle violations
of the law on protection of road infrastructure facilities according to their
competence and coordinate with road administration units in protecting road
infrastructure facilities.
Chapter V
NUMBERING AND CODING OF
PROVINCIAL ROADS
Article 29.
Principles and methods of numbering provincial roads
1. The principles and methods of
numbering provincial roads comply with Articles 3 and 4 of Decree No.
11/2010/ND-CP.
2. No change will be made to the
numbers of provincial roads determined before the effective date of this
Circular.
Article 30.
Coding of provincial roads
1. Provincial roads shall be
coded to serve the numbering of the provincial road system.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter VI
ASSURANCE OF TRAFFIC AND
TRAFFIC SAFETY UPON CONSTRUCTION WITHIN THE PROTECTED AREA OF ROAD
INFRASTRUCTURE FACILITIES IN OPERATION
Section 1.
BEFORE CONSTRUCTION
Article 31.
Grant of licenses for construction of works within the protected area of road
infrastructure facilities in operation
1. Construction, repair,
renovation or upgrading of essential works, road works, points of connection or
temporary billboards within the protected area of road infrastructure
facilities may be carried out only after obtaining construction licenses from
Road Administration Sections or provincial-level Transport Departments (which
are assigned to directly manage national highways) according to a set form
enclosed with this Circular (not printed herein). Prior to the construction,
project investors or construction contractors shall send dossiers of
application for licenses for construction of works within the protected area of
road infrastructure facilities to competent road administration agencies for
consideration and licensing under Articles 12, 13, 14, 15, 16 and 17 of this
Circular.
2. Road Administration Sections
or provincial-level Transport Departments shall archive dossiers, update
information into the dossiers of management of works along the roads assigned
to them for management; send written consents or construction licenses to the Vietnam
Road Administration and Regional Road Inspectorates or provincial-level
Transport Departments' Inspectorates for monitoring, supervision and handling
of violations according to law.
Article 32.
Acceptance of handed-over grounds and sites for construction
Organizations and individuals
that are granted construction licenses or written consents shall carry out
procedures for acceptance of handed-over grounds and sites for construction with
road administration agencies. After the date of acceptance of grounds and
sites, constructors shall manage and assure smooth and safe traffic and bear
full responsibility for traffic accidents occurring due to lack of traffic
safely measures.
Section 2
DURING CONSTRUCTION
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Throughout the course of
construction, organizations and individuals shall strictly observe the agreed
construction measures and time, assure smooth and safe traffic according to
regulations and may not cause damage to existing road works. In case of such
damage is unavoidable, they shall obtain written consents of competent road
administration agencies on protection measures or temporary dismantlement or
removal of works and reconstruction or compensation in accordance with law.
2. Assurance of traffic safety
in the course of construction of road works on roads in operation is a job in
the construction design and an expense of the bid package.
3. Constructors shall be
inspected by road administration units and road traffic inspectorates in the
observance of traffic safety assurance regulations in this Circular and the
construction licenses and bear full responsibility for traffic accidents caused
by construction activities.
Article 34.
Construction of works within the land of road
1. Constructors of works within
the land of road shall, in addition to the relevant provisions of this
Circular, observe the following provisions;
a/ Not to let building materials
and machinery block the visibility of users of roads in operation;
b/ Not to let smoke and dust
cause environmental pollution and affect traffic safety on roads in operation;
c/ Upon installing equipment of
great lengths or sizes, to apply safety measures to prevent the fall or
collapse thereof on roads in operation;
d/ To apply construction
measures so as not to impact the structure and safety of existing road works.
If bad impacts are unavoidable, to obtain written consents of competent road
administration agencies on protection measures or temporary dismantlement or
removal and reconstruction of works or compensation in accordance with law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 35.
Bypasses, makeshift bridges and road sign systems
1. If old bridges arc to he used
for uninterrupted traffic when building new bridges, bridge-building units
shall assure sale and smooth traffic on the old bridges until new bridges are
handed over and put into operation.
2. Bypasses, makeshift bridges
and road sign systems for traffic safety assurance shall be completed before
the construction of main works. Bypasses and makeshift bridges must ensure safe
traffic for means of transport of tonnage and sizes allow ed to move on old
roads. Bypasses and makeshift bridges on national highways of technical
standards of grade III or higher must have at least two vehicle lanes. The
system of traffic signs must comply with current regulations on road signs.
Article 36.
Watch persons
Throughout the course of
construction, watchpersons must be positioned to give warnings and guide
traffic. When construction ceases, there must be such safely signs as warning
signs and banners and red lights at night. Watch persons guiding traffic shall
bear red bands on their left arms, and use flags, whistles and lights at night.
Article 37.
Signboards, badges and outfits for construction workers
Constructors shall put up
signboards at both ends of the road sections under construction, which display
the name of the project management unit or managing agency; the name of the
construction unit, construction schedule, address of the construction site
office, telephone number and name of the construction site commander.
Construction site commanders shall wear identity badges while workers on roads
shall wear labor safely outfits as required.
Article 38.
Construction vehicles and machinery
1. Construction vehicles and
machinery on roads must be fully furnished with safety equipment and have their
registration number plates as required by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Out of-order construction
vehicles and machinery must be moved by all means close to roadsides with
warning signs according to regulations.
Article 39.
Construction on roadbed, road surface and bridge surface
When construction is carried out
on road bed. Road, surface or bridge surface, a section thereof must be set
aside for vehicles and pedestrians to pass, concretely as follows:
1. At least one lane, for road
or bridge surfaces with 3 lanes at most.
2. At least two lanes, for road
or bridge surfaces with more than 3 lanes.
3. If one lane cannot be ensured
or traffic jams might occur, bypasses or makeshift bridges must be built, In
case there is the only road and the construction road surface is too narrow to
meet the above-said conditions and traffic jams are likely to occur in the
construction area, traffic assurance plans must be taken into account right at
the stage of project formulation (even with the aid of waterways and railways).
These component items must be built in advance and put to operation before the
construction of the main road.
4. In case of excavation for
roadbed expansion, fill-up must immediately follow excavation at any place. In case
of construction on a weak soil foundation, lowering or raising of roadbed for
more than two meters, separate measures for traffic assurance must be worked
out and approved by supervision consultants and work owners and measures to
cope with rains and unfavorable weather should be planned.
5. When constructing road
foundations and surfaces, the length of a construction section must not exceed
300 m and the distance between construction sections must be at least 500 m. In
the rainy season, construction must be completed in every section after a work
shift or workday, not letting building materials drift to both sides of the
road to cause damage to people's properly and environmental pollution.
6. In case of constructing
sluices across a road without any bypass for uninterrupted traffic,
construction can be carried out only on half of the width of road surface al
most while the other half is left for traffic. For roads with heavy traffic,
construction can be carried out only on one third of the width of road surface
and the remaining two thirds will be left for traffic. For roads of grade-Ill
or higher technical standards, if it is impossible to set aside two lanes for
traffic, temporary road expansions must be made to ensure two lanes for
traffic.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. During construction on roads,
construction plans and timetable suitable to the characteristics of each type
of work must be worked out.
Article 40.
Construction materials
1. Construction materials must
be placed on roads in a volume just enough for use for 2 to 3 construction
sections and the length of the construction material location must not exceed
300 meters. Construction materials must be placed on only one side of a road,
not in parallel on both sides to narrow the road bed or surface.
2. Before spells of rain or
flood, construction must be definitely completed and all unused construction
materials must be cleared from the road and plans must he drawn up to ensure
traffic safety in case bridge or road incidents are caused by rains or floods
within construction sites. These plans shall be forwarded to local road
administration units for coordinated supervision.
3. It is strictly prohibited to
scatter materials obstructing traffic or let materials flow on roads, thus
causing slipperiness and environmental pollution or to melt asphalt on road
sections in densely populated areas.
Article 41.
Construction with the use of mine or road blocking or closure
Construction with the use of
mine must comply with legal provisions on the use of explosives and ensure
safety. In addition, cases of road blocking or closure must comply with the
following provisions:
1. Each road blocking or closure
must last for no more than one hour and their interval must be at least 4 hours
to assure uninterrupted traffic. Road closures must be carried out at oil-peak
hours.
2. In case of necessity to
prolong a road closure beyond the time limit specified in Clause 1 of this
Article, approval of the Vietnam Road Administration, for national highways, or
provincial-level Transport Departments, for local roads, is required. For
projects with great construction volumes involving mine explosion, with many
bid packages or different construction directions, investors shall consult with
local administrations on the time for mine explosion, reach agreement with
construction licensing agencies and announce such in the mass media.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 42.
Felling trees on road sides
1. When felling trees on road
sides, signs must be put up and guards must be posted at both ends and a safety
distance must be maintained; not letting trees fall onto road beds, thus
obstructing traffic. If trees cannot but fall onto road beds, they must be
quickly moved to road sides; trees felled at any road section must be fully
rooted up and such road section must be restored to its original state.
2. It is strictly forbidden to
throw tree branches and objects from above onto road beds or surfaces.
Article 43.
Repair of bridges, embankments and tunnels
1. If the repair of bridges,
embankments or tunnels is carried out while vehicles are permitted to travel,
traffic must be assured. Concretely, signboards on narrow roads, speed limits
or construction sites will be erected according to regulations; guards shall be
positioned and traffic conductors be arranged around the clock: construction
materials and equipment will be tidily placed inside the fences between
sections marked off for construction and sections set aside for traffic;
construction electricity and water systems must be regularly inspected to ward
off accidents.
2. If repair cannot be carried
out while traffic is allowed, bypasses must be built.
Article 44.
Expansion of roads to and from ferries, pontoon bridges
During repair or expansion of
roads to and from ferries or pontoon bridges, such work must be carried out
only on half of the width of the road, while the remaining half must be
reserved for travel to and from ferries or pontoon bridges, which must not be
narrower than 4 meters for roads to and from pontoon bridges, and 6 meters for
roads to and from ferries, and must be furnished with adequate safety
equipment. If the minimum width cannot be ensured, failing to ensure safety for
vehicles traveling to and from ferries or pontoon bridges, makeshift wharves
must be built.
Article 45.
Uplifting of sunk pontoons, ferry boats
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 46.
Clearance of grounds, sites and acceptance of handed-over works
1. Upon completion of
construction in a road section of not more than 1 km or a bridge, a sluice,
constructors shall remove all obstacles and restore the road surface for
uninterrupted and safe traffic.
2. Prior to hand-over and
acceptance of works, all unused materials, machinery and equipment and
obstacles must be removed and damage (if any) caused by construction be
repaired.
3. Upon completion of all above
jobs, constructors shall propose investors to organize the hand-over and
acceptance of completed works for operation according to regulations: and at
the same time return the construction sites and grounds to road administration
units which previously handed over such sites and grounds. A written record
must be made on such return.
4. Road administration units
shall conduct field inspections; if detecting that the sites have not yet been
cleared, road works have been damaged due to the construction but not yet
repaired and the original state has not yet been restored, they may refuse to
accept the handover or demand compensation according to law. If constructors
have fully met the requirements according to law, the road administration units
shall carry out procedures to accept the hand over of the grounds and sites and
organize the management and maintenance thereof according to regulations.
Article 47.
Works already completed but not yet accepted and handed over
1. Investors shall expeditiously
complete the acceptance and hand-over of works for operation according lo
current regulations on work construction investment management.
2. For works constructed on
roads in operation, construction contractors shall continue assuring traffic
and traffic safely until the works are accepted and handed over lo road
administration units.
3. For construction works not
yet put in operation (newly built roads, bypasses; repair and renovation of
bridges or roads but with public-duty roads serving the construction),
construction contractors shall protect such works, disallowing means of
transport to travel thereon when there is no order to open them to traffic and
bear full responsibility until they are handed over to relevant administration
units.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Investors shall inspect and
urge contractors throughout the course of construction, ensuring the observance
of legal provisions on assurance of traffic order and safety during the
construction on roads in operation. If contractors commit violations and have
been given cautions by competent road administration agencies but fail to
promptly stop their violations and let more traffic accidents occur during
construction, investors shall consider sanctioning them under economic contracts
or report thereon to competent authorities for appropriate handling.
2. Upon conclusion of
construction contracts, investors shall reach agreement with construction
contractors on articles and clauses on sanctioning of contract breaches it the
regulations on assurance of traffic and traffic safety during construction of
works within the land of roads are not fully observed, thus causing traffic
accidents and congestion.
Chapter
VII
INSPECTION OF TRAFFIC
SAFETY
Article 49.
Competence to decide on and organize traffic safety inspection
1. For newly built, upgraded or
renovated roads
a/ For national highways,
persons competent to decide on investment shall decide on projects to be
inspected in terms of traffic safety; state management agencies with the function
of managing road works shall assume the prime responsibility for inspecting
traffic safety for projects in which investment is decided by the Ministry of
Transport. Investors shall decide to select stages of projects for traffic
safely inspection and organize the inspection (including projects implemented
under BOT, BT or BTO contracts);
b/ For local roads,
provincial-level People's Committees shall decide on projects to be inspected
in terms of traffic safety. Investors shall decide to select stages of projects
for traffic safety inspection and organize the inspection (including projects
implemented under BOT, BT or BTO contracts):
c/ For special-use roads,
agencies, organizations or individuals owning special-use roads shall decide on
projects to he inspected in terms of traffic safety and decide to select stages
of projects for traffic safely inspection.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ The Ministry of Transport
shall decide on and organize traffic safety inspection for expressways;
b/ The Vietnam Road Administration
shall decide on and organize traffic safety inspection for national highways
(except expressways);
c/ Provincial level People's
Committees shall decide on and organize traffic safety inspection for urban,
provincial and district roads.
Article 50.
Grounds for traffic safely inspection
1. For newly built, upgraded or
renovated roads
a/ Decision of a competent
agency specified in Clause 1. Article 49 of this Circular on traffic safety
inspection and stages of projects for traffic safely inspection:
b/ Project dossier: Report on
work construction investment, basic design, technical design (for works with
three-step designs) or construction drawing design (for works with one- or two
step designs) and documents related to the project.
For traffic safety inspection
prior to the acceptance and handover of roads for operation, there must be
minutes on site inspection between the traffic safety appraisal organizations
and investors or representatives of investors, construction contractors,
designing consultants and supervision consultants;
c/ Vietnam construction
regulations, national technical regulations and relevant compulsory standards
applicable to projects under decisions of competent bodies:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. For roads in operation
a/ Decision of a competent
agency specified in Clause 2, Article 49 of this Circular, on roads or road
sections selected for traffic safety inspection;
b/ Construction completion
dossier or road administration record of the agency directly managing such road
or road section and traffic accident files;
c/ Traffic safety appraisal plan
and fund estimate, formulated by the road administration organization.
Article 51.
Traffic safety appraisal reports
A traffic safety appraisal report
contains the following basic contents;
1. General information on the
project:
a/ Name of the project and the
working stage inspected:
b/ Names of the appraisal
director and the appraisers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ List of gathered documents
used for the appraisal (relevant reports and drawings);
b/ Brief description of
proposals;
c/ Details of site survey and
assessment;
d/ Findings and recommendations:
e/ Notification of problems
identified during the site surveys and from documentary examination. Pictures
or video clips can be used in support of this job:
f/ Recommendations (if any) for
repair and remedy;
g/ Official notice.
A notice of the appraisal
organization of the completion of appraisal work must clearly indicate the day,
month, year of appraisal completion and the signatures of the appraisal manager
and appraisers.
Article 52.
Order of traffic safety appraisal or inspection
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 53.
Order of traffic safety appraisal or inspection for projects on new
construction, upgrading, renovation
1. Agencies competent to decide
on projects shall inspect traffic safety and decide on stages for traffic
safety inspection.
2. Investors shall approve
traffic safety appraisal plans and fund estimates; select traffic safety
appraisal organizations according to the Law on Bidding; the two sides shall
exchange ideas on inspection contents and conclude contracts on traffic safety
appraisal.
3. Investors and designing
consultants (and contractors supplying drawings on completion of construction
at the stage prior to putting the works in operation) shall provide project
dossiers and all other information related to the projects to the traffic
safety appraisal organizations.
4. Traffic safety appraisal
organizations shall scrutinize project design dossiers and other relevant
information, consider all road users and project the operation of works in
relation to adjacent areas and related road networks.
5. Traffic safety appraisal
organizations shall conduct site inspections to examine and know the
relationship between the project and subsequent road users and adjacent areas.
Particularly for the stage of inspection before putting roads in operation,
inspection must also be carried out at night.
6. Traffic safety appraisal
organizations shall coordinate with designing consultants and contractors at
the stage before putting roads in operation in examining the projects' impacts
on traffic safety and nearby works. For the stage of traffic safety appraisal
before putting roads in operation, participation of the road administration
agency to receive the road for administration is required.
7. Traffic safety appraisal
organizations shall make reports on traffic safety appraisal, clearly stating
conclusions on existing problems related to traffic safety, proposals and
remedies, aiming to raise traffic safety of the projects: send the reports to
investors, designing consultants and contractors at the stage before putting
roads in operation.
8. Competent agencies shall
organize the evaluation of traffic safety appraisal reports and issue documents
on contents of the reports.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 54.
Order of traffic safety appraisal or inspection in the process of operation
1. The selection of roads in
operation for traffic safety inspection shall be carried out in the following
order:
a/ Road administration agencies
(expressway administration agencies; road administration sections and
provincial-level Transport Departments, for national highways assigned to them
for management: provincial-level Transport Departments, for local roads. or
road administration organizations (investors and project enterprises, for roads
in operation under BOT or BTO contracts; agencies, organizations and
individuals with special-use roads) shall propose to competent authorities
(defined in Clause 2. Article 49 of this Circular.) roads in need of traffic
safety inspection;
b/ Competent authorities shall
select and decide on roads lo be inspected in terms of traffic safety: the
selection must comply with the provisions of Clause 2. Article 13 of Decree No.
11/2010/ND-CP.
2. Road administration agencies
or organizations shall formulate or hire others to formulaic traffic safety appraisal
plans and fund estimates, then submit them lo competent authorities for
approval: select traffic safety appraisal organizations according to the Law on
Bidding. Road administration agencies or organizations shall exchange ideas
with traffic safety appraisal organizations on appraisal contents and conclude
economic contracts on traffic safety appraisal.
3. Road administration agencies
or organizations shall provide dossiers on the roads to be inspected in terms
of traffic safety and all other relevant information on such roads to traffic
safety appraisal organizations.
4. Traffic safety appraisal
organizations shall review and examine dossiers and other relevant information,
taking into consideration all types of road users and the operation of works
from the perspective of traffic safety.
5. If the roads being appraised
meet all criteria for road traffic accident black spots (according to
regulations on survey, determination and handling of black spots), site
inspection and consideration should be carried out in the black spot-handling
order.
6. Traffic safety appraisal
organizations shall conduct site inspections (both in daytime and at night) in
order to clearly identify safety problems or characteristics which may cause
traffic accidents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Traffic safety appraisal organizations
shall make traffic safety appraisal reports clearly staling the conclusions on
existing traffic safety problems, proposals and remedies aiming to increase
safely for the roads. Traffic safety appraisal reports shall be submitted to
road administration agencies or organizations.
9. Road administration agencies
or organizations shall examine and make reports on evaluation of traffic safety
appraisal reports and submit them to competent authorities.
10. Competent authorities
organize the evaluation of traffic safety appraisal reports and issue documents
on contents of the reports. If recommendations slated in the traffic safety
appraisal reports are approved, competent authorities shall determine the
priority order for such suggestions and plan funds for renovation of the roads.
Article 55.
Contents of traffic safety appraisal and inspection at the stage of formulating
work construction investment reports
Contents of traffic safety
appraisal and inspection at the stage of formulating investment reports of
projects (restricted) shall be based on plans for projected investment scales
(outline of the basic design). Traffic safety inspection jobs are similar to
those at the stage of formulating work construction investment projects defined
in Article 56, but their contents are just general.
Article 56.
Contents of traffic safety appraisal and inspection at the stage of formulating
work construction investment projects or work construction econo-technical
reports
1. General solutions regarding
the technical scale of projects
a/ Appropriateness of the plan
on the road running through limited points, inter-sections and distances
between inter-sections (grade inter-sections, overpasses, interchanges...)
b/ Rationality of the design
plan for works on the road, water drainage system, geological, climate and
hydrological conditions; scenic and environmental impacts of service
facilities, roads leading to residential quarters and other areas; passages for
fire engines and ambulances; possibility for future road expansion.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Driver's visibility,
transitional sections, observation and response.
4. Visibility upon entry and
visibility at inter sections, general layout, cross-section.
5. Assessment of impacts of
roadside works, facilities for pedestrians, rudimentary and motor vehicles.
6. Safety during construction,
demonstrated through general safety solutions in the course of construction
(bypasses, makeshift bridges. arrangement of construction grounds, signboards,
traffic lights and control...).
7. Other safety aspects not yet
mentioned.
Article 57.
Contents of traffic safety appraisal and inspection at the stage of technical
designs (for works with three-step designs) or construction drawing design (for
works with one- or two-step designs) and during construction
1. Changes compared to the stage
of formulating the work construction investment projects or work construction
econo-technical reports are matters related lo water drainage Systems,
geological, climate and hydrological conditions; scenic and environmental
impacts of service facilities, roads running through residential quarters and
other areas, passages for fire engines and ambulances; possibility of future
expansion of works; traffic safety coefficient, charts of theoretical vehicular
speeds.
2. Specific matters in
geometrical characteristics of the ground drawing, elevation, typical
horizontal profiles, changes in cross- section, general layout, road kerb and
pavement treatment; focusing on appraisal or inspection of traffic safety
assurance conditions when a number of technical specifications on road designs
are lessened in Rmin, Rconvex, Rconcave, visibility design and elevation;
negative and positive talus positions with great embankment or excavation
heights.
3. Road direction details:
transitional sections, drivers' observation and response, details of
geometrical design and handling at bridge and sluice positions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Visibility when cars approach
intersections and visibility at inter-sections, general layout of inter
sections (interchanges and overpasses), roads leading to inter-sections,
driver's observation and response, details of geometrical designs of
intersections, traffic islands and lighting;
b/ Positions of points of
connection, analysis of rationalities and irrationalities of such technical
specifications related to traffic safety as distances between inter-sections,
positions of points of connection, structure, technical elements on ground
drawing, vertical and horizontal profiles, vertical slope and connection
sections.
5. Assessment of impacts of
roadside facilities, traffic safety facilities for pedestrians, rudimentary and
motor vehicles:
a/ Assessment of impacts of
facilities which encroach upon the road safety corridors as provided for in the
Government's Decree No. 11/2010/ND-CP, making full statistics on facilities lying
within the road safety corridors before and after the construction (studying
ground clearance plans):
b/ Evaluation of impacts of
mixed vehicular flows, the decrease of actual speeds as compared to design and
traffic safety of mixed flows.
6. Signs, painted lines,
lighting lamps and traffic control: To detect irrationalities of the traffic
safety system, putting forth specific proposals (adjustment or addition) for
improving the traffic safety system before putting the works in operation:
7. Other works: works close to
the vehicle lane likely to affect traffic safety, such as median strips,
anti-collision fences, parapets, corrugated edges, and safety solutions
proposed by designing consultants.
8. Bridge, tunnel and sluice
design details: To appraise the rationality of the locations of these works,
sloping degrees of roads at both ends of bridges, tunnels, roads to and from
bridges and sizes of bridge, tunnel or sluice structures.
9. Traffic safety during
construction: Arrangement of construction equipment, activities during
construction, traffic management and administration, specific solutions to
traffic safety (bypasses, makeshift bridges and construction chains), paying
special attention to renovated or upgraded roads.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
11. Reports on appraisal or
inspection results must contain assessments of impacts on traffic safety,
proposing maximum speeds for vehicles when projects are completed.
Article 58.
Contents of traffic safety appraisal at the stage before acceptance, handover
and operation of works
1. Traffic safely appraisal
organizations shall assume the prime responsibility for. and coordinate with
different units, including investors, traffic police, supervision consultants,
construction units and units assigned to directly manage the work operation in,
examining the contents stated in the traffic safety appraisal reports of the
previous stages for comparison with construction results at the site (comparing
the approved design dossiers with the sites and actual situation on roads),
paying attention to traffic organization and control for rudimentary vehicles
and pedestrians: turn lanes, car stops, obstacles, road surface damage, and
encroachment upon road safety corridors.
2. Proposals on additional
solutions or adjustments in order lo ensure maximum traffic safely before
putting works in operation.
Article 59.
Contents of traffic safety appraisal in the course of road operation
Organizations assigned to
appraise traffic safety shall assume the prime responsibility for. and
coordinate with units directly managing roads in, considering and examining the
contents in the approved traffic safety appraisal plans, comparing the design
dossiers (construction completion dossiers) with the sites and vehicular flows,
actual traffic on road, encroachment upon road safety corridors on both sides
of roads (including bridge, sluice... safely corridors) for timely detection of
traffic-risks and dangers, paying attention to traffic organization and control
for rudimentary vehicles and pedestrians, side lanes, turns, car stops,
obstacles to visibility, billboards (urban areas) and connection to priority
roads, irrationalities in technical elements newly arising in the course of
operation, road surface damage and locations of encroachment upon road safety
corridors.
Article 60.
List of contents to be examined in the course of road safety appraisal and
inspection
The list of contents to be
examined in the course of road traffic safety appraisal and inspection is
provided in Appendix 7 to this Circular (not primed herein).
Chapter VIII
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 61.
Effect
1. This Circular takes effect 45
days from the date of its signing.
2. This Circular replaces:
a/ Circular No. 13/2005/TT-BGTVT
of November 7, 2005, of the Minister of Transport, guiding a number of articles
of Decree No. 186/ 2004/ND-CP:
b/ Decision No. 04/2006/QD-BGTVT
of January 9, 2006, of the Minister of Transport, promulgating the Regulations
on assurance of traffic safety upon construction of works within land areas
reserved for roads:
c/ Decision No. 36/2005/QD-BGTVT
of July 21, 2005, of the Minister of Transport, providing for the naming and
numbering of roads:
d/ Decision No. 23/2007/QD-BGTVT
of May 7, 2007, of the Minister of Transport, promulgating the Regulations on
road traffic safety inspection.
Article 62.
Organization of implementation
1. The director of the
Ministry’s Office, chief inspector and directors of departments of the Ministry,
chairpersons of provincial-level People's Committees, the general director of
the Vietnam Road Administration and heads of concerned agencies or
organizations and related individuals shall implement this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
MINISTER
OF TRANSPORT
Ho Nghia Dung