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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
11/2010/ND-CP
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Hanoi,
February 24, 2010
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DECREE
PRESCRIBING THE MANAGEMENT AND PROTECTION OF ROAD
INFRASTRUCTURE FACILITIES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Road Traffic;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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Article 2.
Subjects of application
This Decree applies to domestic
and foreign agencies, organizations and individuals involved in managing and
protecting road infrastructure facilities in Vietnamese territory.
Chapter II
NAMING OR NUMBERING OF
ROADS
Article 3.
Principles on naming or numbering of roads
1. Every road shall be given a
name or number.
2. Newly built roads shall be
named or numbered under this Decree, which aims to create favorable conditions
for road users and road administration.
3. A national highway or an
expressway must have its starting point and ending point located in the
North-South or East-West direction or run from Hanoi capital or Ho Chi Minh
City to the administrative centers of provinces and/or centrally run cities.
A provincial or district road
must have its starting point and ending point identified in the directions like
national highways or run from the administrative center of a province to the
towns and/or townships or from a national highway to the administrative center
of a province, district, town or township.
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Article 4.
Naming or numbering of roads
1. Naming or numbering of roads
outside urban centers
a/ A road name consists of
"duong" (Vietnamese for road) followed by the name given under Point
a. Clause 1, Article 40 of the Law on Road Traffic;
b/ A road number consists of a
road system's abbreviations followed by a dot and ordinal numbers;
Abbreviations of road systems
are as follows: QL for quoc lo (national highway), CT for duong cao toe
(expressway), DT for duong tinh (provincial road) and DH for duong huyen
(district road).
The Ministry of Transport shall
prescribe ordinal numbers for different localities to be included in numbers
given to their provincial road systems.
In case of giving numbers to
many expressways, national highways or provincial or district roads or roads in
the same locality, each number shall be added with a letter from B to Z, except
for that of the first road given that number.
c/ In case of division of a
province, if an existing provincial road runs through two new provinces, or in
case of consolidation of two or more provinces, if an existing provincial road
runs through the new province, the name or number, starting point and ending
point of that road shall be kept unchanged;
d/ A section of several roads
overlapping shall be given a name or number as follows:
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- If it belongs to different
road systems, it shall be given a name or a number of the road of the road
system with the highest management level.
e/ Names and numbers of roads of
road networks classified under treaties must consist of both domestic names and
numbers and those given under relevant treaties.
f/ The name of a commune road
must consist of only the word "Duong" (road) followed by the place
name or an appellation according to local practice.
2. Naming or numbering of urban
roads
a/ The number of an urban road
consists of abbreviations of the system of "duong do thi" (DDT)
followed by a dot and ordinal numbers;
b/ Urban roads shall be named
under the Government's Decree No. 91/2005/ND-CP of July 11, 2005, promulgating
the Regulation on naming and renaming of roads, streets and public works.
In case an urban road overlaps a
section of a national highway, both the urban road name and the national
highway name and number shall be used.
Competence to name or number
roads
a/ The Ministry of Transport
shall give names or numbers to national highways.
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Provincial-level People's
Councils shall give names to urban roads and provincial roads at the request of
People's Committees of the same level;
c/ District-level People's
Committees shall give names to commune roads.
5. Agencies, organizations and
individuals that give names and numbers of roads according to their respective
competence shall announce these names and numbers in the mass media.
Chapter
III
ROAD INFRASTRUCTURE
PLANNING AND ROAD TECHNICAL STANDARDS
Article 5.
Principles for road infrastructure planning
1. Compliance with
socio-economic development orientations, transport planning and other relevant
plannings.
2. Planning for at least 10
years and setting forth development orientations for at least 10 subsequent
years.
3. A planned national highway or
provincial road running through an urban center shall be built as a belt road
outside the urban center, an overhead road or an underground road.
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Article 6.
Contents of a road infrastructure plan
1. Road infrastructure planning
covers plan of networks of expressways, national highways, inter-regional,
regional and provincial roads and planning of separate road works to meet
management requirements of competent authorities.
2. Contents of a road
infrastructure plan include:
a/ Analysis and assessment of
present conditions:
b/ Role and position:
c/ Viewpoints and objectives;
d/ Forecast demands;
e/ Grounds for planning options:
f/ Land use needs;
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h/ Environmental impact
assessment;
i/ Solutions, mechanisms and
policies;
j/ Organization of
implementation.
Article 7.
Responsibilities to elaborate and approve road infrastructure plans
1. The Ministry of Transport
shall:
a/ Elaborate plans on
infrastructure of national highways, expressways and road networks connected to
transport networks of other countries under agreements to which Vietnam is a
contracting party, inter-regional and regional roads, and other plans as
assigned, then submit them to the Prime Minister for approval under
regulations;
b/ Give its written opinions on
road infrastructure plans of provinces and centrally run cities;
c/ Approve road infrastructure
plans according to its competence or as authorized by the Prime Minister;
d/ Inspect and oversee the
implementation of road infrastructure plans throughout the country.
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a/ Road infrastructure plans of
urban centers of special grade shall be approved in writing by the Ministry of
Construction and the Ministry of Transport;
b/ Road infrastructure plans of
provinces and centrally run cities other than those specified at Point a of
this Clause shall be approved in writing by the Ministry of Transport.
Article 8.
Land funds reserved for road infrastructure facilities
1. Land funds for road
infrastructure facilities means land areas reserved for building road works
identified in road infrastructure plans. Provincial-level People's Committees
shall determine and manage land areas for building road infrastructure
facilities under approved planning.
2. For new urban centers of the
following grades, the proportion of land for urban traffic to urban
construction land must be as follows:
a/ Urban centers of special
grade: 24-26%;
b/ Urban centers of grade I:
23-25%;
c/ Urban centers of grade II: 21-23%;
d/ Urban centers of grade III:
18-20%;
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Land for urban traffic means
land areas reserved for building urban traffic infrastructure facilities,
excluding rivers, lakes, ponds and underground transport works.
Article 9.
Technical grades of roads
1. Technical grades of roads
means designed grades of roads, including expressways and roads of grades I
thru VI.
2. Technical grade of a road
shall be determined on the basis of its function in a transport network and its
topography and designed traffic flow.
Article 10.
Application of technical standards
1. Roads currently in use but
not yet up to any technical grade must be renovated and upgraded to reach
technical standards of an appropriate grade.
2. Newly built roads must be up
to technical standards of its grade and satisfy relevant regulations on traffic
organization and safe exploitation of road works.
3. Forestry roads, mining roads
and other special-use roads are subject to national standards on roads and specific
standards of relevant sectors.
4. In case of application of
foreign road technical standards, approval of the Ministry of Transport is
required.
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TRAFFIC SAFETY APPRAISAL
Article 11.
General provisions on traffic safety appraisal
1. Competence to decide on and
organize traffic safety appraisal
a/ For roads under construction,
upgrading or renovation
Persons competent to decide on
investment in road projects shall conduct traffic safety appraisal. Investors
shall decide to select a project phase subject to traffic safety appraisal and
organize traffic safety appraisal. For projects implemented under
build-operate-transfer (BOT). build-transfer (BT) or build-transfer-operate
(BTO) contracts, the competence to decide on traffic safety appraisal is
specified at Point b of this Clause.
b/ For roads currently in use
The Ministry of Transport shall
decide on and organize traffic safety appraisal for national highways and
expressways;
Provincial-level People's
Committees shall decide on and organize traffic safety appraisal for urban
roads, provincial roads and district roads.
2. Traffic safety appraisal
conducted by competent agencies specified in Clause I of this Article shall be
based on traffic safety inspection reports of traffic safety inspection
consultants.
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4. Traffic safety inspection
shall be conducted by capable organizations specified in Article 12 of this
Decree. Traffic safety inspection organizations must be those operating
independently from design consultancy organizations which have made project
dossiers and work designs.
5. Traffic safety inspection
organizations shall examine project dossiers and work designs, inspect
construction sites to uncover possible risks of traffic accident, and make
inspection reports to propose or recommend remedial measures.
6. Design consultants shall
respond to proposals and recommendations made in traffic safety inspection
reports already appraised under Clause 2 of this Article for adjustment of
project dossiers and designs. If disagreeing with traffic safety inspection
organizations, they shall report to investors for consideration and decision.
For roads currently in use. road
administration agencies shall respond to proposals and recommendations made in
traffic safety inspection reports already appraised under Clause 2 of this
Article and work out repair or remedy plans. If disagreeing with traffic safety
inspection reports, they shall submit those reports to competent agencies
specified at Point b. Clause 1 of this Article for consideration and decision.
7. Traffic safety inspection
expenses and appraisal fee shall be included into work construction total
investment and cost estimates, for roads under construction, upgrading or
renovation; or used as a financial source for road administration and
maintenance, for roads currently in use.
8. Traffic safety inspection
expenses and appraisal fee
a/ The Ministry of Transport
shall prescribe traffic safety inspection expenses for roads under
construction, upgrading or renovation;
b/ The Ministry of Transport
shall assume the prime responsibility for. and coordinate with the Ministry of
Finance in. prescribing traffic safety inspection expenses for roads currently
in use;
c/ The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Transport in. prescribing the traffic safety appraisal fee.
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Article 12.
Conditions on traffic safety inspection organizations and individuals
1. A traffic safety inspection
organization must fully satisfy the following conditions:
a/ For group-A and group-B
projects, a traffic safety inspection organization must have at least 10
employees, including at least 4 road engineers, 1 road transport engineer and 1
person qualified for acting as traffic safety chief inspector;
b/ For group-C projects, a
traffic safety inspection organization must have at least 5 employees,
including at least 1 road engineer, 1 road transport engineer and 1 person
qualified for acting as traffic safety chief inspector.
2. Traffic safety inspection
individual (referred to as inspector) must satisfy the following conditions:
a/ Possessing a university
degree or postgraduate degree in road traffic (road, bridge, traffic and public
works, road transport) and having worked as a road work designer for at least 3
years, or possessing a postgraduate degree and having been engaged in road
traffic administration for at least 5 years, and taken part in designing or
directly handled traffic safety of, at least 3 works;
b/ Having a traffic safety inspector
certificate issued by a competent state agency.
3. Apart from the conditions
specified in Clause 2 of this Article, an individual acting as traffic safety
chief inspector must also satisfy any of the following conditions:
a/ Possessing a university
degree or postgraduate degree in road traffic and having worked as a road work
designer for at least 10 years;
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c/ Having acted as project chief
designer for at least 3 projects on road works of a grade equivalent to the
grade of works subject to traffic safety inspection (work grades comply with
the construction law).
Article 13.
Stages of traffic safety appraisal
1. For roads under construction,
upgrading or renovation
a/ Traffic safety appraisal is
compulsory in the stage of technical design or construction drawing design;
b/ Apart from the provisions of
Point a. Clause 1 of this Article, persons with investment-deciding competence
may select traffic safety appraisal to be conducted in either of the following
stages:
- Formulation of investment
projects on work construction or elaboration of econo-technical reports on work
construction;
- Before roads are put into use.
2. For roads currently in use,
traffic safety appraisal must be conducted upon the occurrence of any of the
following:
a/ Traffic accidents on a road
surge in number after it is upgraded or renovated;
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c/ The urbanization rate
increases over 20% compared to that at the time of putting the road into use.
Chapter V
PROTECTION OF ROAD
TRAFFIC INFRASTRUCTURE FACILITIES
Article 14.
Scope of land areas reserved for roads
1. The scope of land areas
reserved for a road covers road land and road safety corridor land.
2. Road land means land areas on
which road works are constructed and 2 land strips along both sides of roads
for administration, maintenance and protection (below referred to as land
strips for road protection and maintenance).
Land strips for road protection
and maintenance shall be used for storing supplies to be used for road
maintenance, moving or installing maintenance equipment, sweeping rubbish from
road surface, and guarding against harms to road works.
The width of land strips for
road protection and maintenance shall be determined based on the road grade and
measured from the outer edge of the road base (the foot of embanked road
taluses or the outer edge of longitudinal trenches in undug or unembanked
locations or the top edge of dug road taluses) to both sides, which is:
a/ 3 meters for expressways and
grade-I and grade-II roads;
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c/ 1 meter for roads of grade IV
or lower grades.
3. For road works under
construction, upgrading or renovation, investors shall determine boundaries of
land areas reserved for roads and carry out procedures for requesting competent
authorities to recover these land areas and pay compensations for current users
under the land law.
4. For road works currently in
use, road administration agencies shall coordinate with local land
administration agencies in determining boundaries of land areas reserved for
roads and working out plans to recover land from current users for management
under regulations, prioritizing the recovery of land areas for roads of grade
III or higher grades.
Article 15.
Road safety corridor limits
The road safety corridor means
land strips along both sides of road land used for assuring traffic safety and
protecting road works. Road safety corridor limits are prescribed as follows:
1. For roads outside urban centers:
Depending on their planned technical grades, the width of a road safety
corridor measuring from the road land to both sides is:
a/ 47 meters for expressways;
b/ 17 meters for grade-I and
grade-II roads;
c/ 13 meters for grade-Ill
roads;
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e/ 4 meters for under grade-V
roads.
2. For urban roads: The road
safety corridor width shall be measured from the road edge to the road
construction marking line under the planning approved by competent authorities.
For an urban expressway, the width of its safety corridor is 40 meters.
3. For roads with safety
corridors overlapping those of railways, the safety corridors of such roads and
railways shall be demarcated on the principle that railway safety corridors
will be prioritized, provided that they must not overlap road works.
In case a road and a railway are
adjacent and share a longitudinal trench, the boundary between their safety
corridors is the bottom edge of the trench on the higher roadside. If the
heights of the two corridors are equal, the boundary between the safety
corridors is the bottom edge of the trench on the railway side.
4. For roads with safety
corridors overlapping protection corridors of inland waterways, the boundary of
these corridors is the edge of the natural bank.
Article 16.
Safety corridor limits for bridges and sluices
1. Safety corridors for bridges
on roads outside urban centers
a/ In the direction of the
length of the bridge, the safety corridor width measuring from the bridge
abutment's end outward each side is:
- 50 meters for bridges with a
length of 60 m or over;
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b/ In the direction of the width
of the bridge, the corridor width measuring from the outer edge of the road
land outward each side is:
- 150 meters for bridges with a
length of over 300 m;
- 100 meters for bridges with a
length of between 60 m and 300 m;
- 50 meters for bridges with a
length of between 20 m and under 60 m;
- 20 meters for bridges with a
length of under 20 m.
2. Safety corridors for bridges
on urban roads
a/ In the direction of the
length of the bridge, it is the same as prescribed for bridges on roads outside
urban centers.
b/ In the direction of the width
of the bridge, for bridge sections over land, including those over infrequently
submerged land areas, the corridor width measuring from the outer edge of the
road land outward each side is 7 meters. Other bridge sections comply with
provisions of Point b, Clause 1 of this Article;
c/ At urban traffic junctions,
flyovers, road tunnels and footbridges shall be built according to designs
approved by competent authorities.
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Article 17.
Safety corridor limits for road tunnels
1. For a road tunnel outside
urban centers, its safety corridor limit is the land and water area surrounding
the tunnel within 100 meters measuring from the outermost point of the tunnel.
2. For an urban road tunnel, its
safety corridor limit shall be determined by design consultants in the design
dossier approved by a competent authority to assure the safety and solidity of
the tunnel.
Article 18.
Safety corridor limits for ferry landings and pontoon bridges
1. In the direction of the length
of the ferry landing or pontoon bridge: The safety corridor width is equal to
the length of the slope leading to the ferry landing or pontoon bridge
2. In the direction of the width
of the ferry landing or pontoon bridge: 150 meters from the middle of the ferry
landing or pontoon bridge to both side downstream and upstream.
Article 19.
Safety corridor limits for road protection embankments
1. For anti-erosion embankments
to protect road bases
a/ They are 50 meters from both
ends of the embankment to the upper reach and lower reach;
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2. For water current-regulating
embankments:
a/ They are 100 meters to the
upper reach and lower reach from the embankment fool;
b/ They are 50 meters from the
embankment foot to the bank;
c/ They are 20 meters from the
embankment foot to the river.
3. In case the safety corridor
of a road protection embankment specified in Clause 1 or 2 of this Article
overlaps that of a dike, the boundary between the two corridors is the midpoint
of the distance between two outermost points of the two works.
Article 20.
Protection scopes of other works on roads
Protection scopes of car
terminals, parking lots, traffic control stations, car-weighing stations, road
and bridge toll booths, stopovers and road administration works are the land
and water areas within the areas of these works, which are stated by competent
state agencies in their land use right certificates and house and land-attached
asset ownership certificates.
Article 21.
Overhead protection clearance for newly built road works
The road safety clearance for
overhead sections is prescribed as follows:
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2. For a bridge, it is the
height of the highest structure of the bridge, but must not be lower than 4.75
meters from the highest point of the bridge floor surface (vehicle lane) upward
vertically.
3. The height of a
communications line hanging above a road must ensure the minimum vertical
distance of 5.5 meters from the highest point of the road surface to such
communication line.
4. The height of a power
transmission line hanging above a road or directly attached to the structure of
a bridge must ensure safety for transport activities and the safety of the
power grid, depending on the voltage of the transmission line.
Article 22.
Distances between road works and other works
1. Production establishments whose
exhaust or dust emissions or air pollution impacts reduce visibility in
affected areas must be located at a distance corresponding to these areas from
the outer boundaries of road safety corridors.
2. Lime or brick kilns or
similar production establishments must be located outside and at a distance of
25 meters from road safety corridors.
3. Markets and service places
must have their parking lots or goods-storing places located outside road
safety corridors and have junctions with roads under regulations.
4. Storehouses of explosives,
highly flammable materials, toxic chemicals and mines where blasts are used
must be located outside road safety corridors at a distance to prevent fire,
explosion and pollution and assure safety for transport activities under law.
5. Urban centers, industrial
parks, economic zones, residential areas, trade-service centers and other
works, except for those specified in Clauses 1, 2, 3 and 4 of this Article,
must be located outside road safety corridors at an appropriate distance under
regulations on distances between architectural and construction works.
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Article 23.
Limit horizontal road safety distance
For telecommunications antenna
poles, communication lines and power transmission lines, the limit distance
measuring from the foot of embanked road taluses or the top edge of dug road
taluses to the pole foot must be at least 1.3 times the poly height and must
not be shorter than 5 meters. Other cases shall be prescribed by the Ministry
of Transport.
Article 24.
Limit road safety distance for underground or underwater sections
Limit road safety distance for underground
or underwater sections of road works shall be decided by competent road
administration agencies for each specific project, satisfying technical
requirements, assuring traffic safety and work safety and causing no impact on
road administration and maintenance.
Chapter VI
USE AND EXPLOITATION
WITHIN LAND AREAS RESERVED FOR ROADS
Article 25.
Use of roads for cultural activities
1. Agencies and organizations
wishing to use roads for cultural activities (sports events, parades,
festivals) shall send their written requests and plans on traffic safety
assurance to competent road administration agencies at least 10 working days
before these cultural activities take place. Such a written request must
clearly indicate cultural activities and program to be organized and road use
duration.
2. Competent road administration
agencies shall approve in writing plans on traffic safety assurance according
to the following decentralization of powers:
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b/ Provincial-level Transport
Departments shall approve cultural activities to be organized on provincial
roads or urban roads in their provinces or on various road systems including
provincial roads and urban roads, except cases specified at Point a of this
Clause;
c/ Specialized agencies of
district-level People's Committees shall approve cultural activities on
district roads in their districts or cultural activities to be organized
concurrently on both district roads and commune roads in their districts;
d/ Commune-level People's
Committees shall approve cultural activities on commune roads in their
localities.
3. Competent road administration
agencies shall examine and approve in writing traffic safety assurance plans
within 5 working days after receiving written requests. In case of necessity to
limit or ban traffic on a road, a road administration agency shall issue a
notice on traffic flow division plans; agencies and organizations wishing to
use roads for cultural activities shall publish notices in the mass media 5
days before cultural activities take place.
4. Upon completion of cultural
activities, agencies and organizations assuming the prime responsibility for
these activities shall tidy up their equipment and devices and restore roads to
their original state and be held responsible for their failure to take measures
to assure traffic safety set forth in approved plans.
Article 26.
Use of land reserved for roads 1. Land reserved for roads shall be reserved
only for construction of road works, used and exploited for road traffic and
transport safety purposes, except for a number of essential works which cannot
be located outside land areas reserved to roads.
2. Construction of a number of
essential works within land areas reserved for roads must ensure safe
exploitation of road works and shall be conducted in the following cases:
a/ Works to assure security and
defense;
b/ Works subject to special
technical requirements, which cannot be located outside land areas reserved for
roads.
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4. It is prohibited to use land
areas reserved for roads as residential land areas or for business or service
purposes; for anchoring or mooring ships and boats or building works which
might redirect water currents or cause erosion or washout of bridges, pontoon
bridges, ferry landings, water current-regulating embankments and anti-road
base washout embankments.
Article 27.
Construction of essential works within land areas reserved for roads
1. Organizations and individuals
building essential works within land areas reserved for roads shall comply with
the following provisions:
a/ They shall formulate and
approve projects and designs under the investment and construction laws.
b/ They shall obtain written
consent of the following competent state management agencies upon formulation
of investment projects, technical design dossiers or econo-technical reports
before submitting them to competent authorities for approval:
- The Ministry of Transport, for
essential works in the systems of national highways and expressways;
- Provincial-level People's
Committees, for essential works in local road systems.
c/ They shall obtain traffic
safety-assuring construction permits, issued by competent road administration
agencies.
2. The Ministry of Transport
shall specify the issuance of construction permits for essential works on or
connections to national highways or expressways. Provincial-level People's
Committees shall specify the issuance of construction permits for essential
works on or connections to local roads.
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Land areas of road safety
corridors may be temporarily used for agricultural or advertising purposes
without affecting safety of road works and traffic in accordance with the
following provisions:
1. Ponds and lakes for
aquaculture must be away from the edge of the road foot at a distance at least
equal to the height difference between the edge of the embanked road base and
the pond or lake bed. The water level in ponds or lakes must not be higher than
the road base foot.
It is prohibited to build ponds
or lakes for aquaculture or reserve water on the taluses of the dug road base.
2. Food crops, vegetables, cash
crops or fruit trees, which are allowed to be planted in embanked road base
sections in road bends, crossroads, intersections with railways and in places
with insufficient visibility, must not be over 0.9 meter in height (over the
road surface). For dug roads, they must be planted at least 6 meters away from
the outer edge of the road land strip.
3. Irrigation ditches must be
away from the outer edge of the road land strip at a distance at least equal to
their depth and their designed safe water level must not be higher than the
road base foot.
4. Gas stations must be built
outside road safety corridors under approved planning, and with written
approval of the Ministry of Transport (for national highways and roads subject
to separate management regulations) or provincial-level Peoples Committees (for
provincial, district and urban roads) of locations and designs of gas station
entry ways through the land of road safety corridors, including designs of
junctions with existing roads, satisfying technical standards and safety
requirements of road sections currently in use.
5. Billboards temporarily installed
within road safety corridors must not affect traffic safety and must be
approved by competent road administration agencies.
It is prohibited to install
billboards within expressway safety corridors.
Billboards installed outside
road safety corridors must not affect traffic safety.
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7. Works may be built on road
safety corridor land only after competent road administration agencies issue
construction permits and traffic safety is assured under regulations.
8. Investors of works involving
land use or exploitation within the protection scope of road infrastructure
facilities shall:
a/ Complete all procedures for
agreeing on or approving designs (basic designs, technical designs or working
drawing designs, depending on the size and characteristics of construction
works, below referred to as designs), appraise designs (when necessary) and issue
construction permits under this Decree and other relevant regulations;
b/ Undertake to remove or
renovate their works according to schedule as required by competent road
administration agencies;
c/ Refrain from claiming for
compensations and bear total responsibility and related expenses.
9. Works on road safety corridor
land that are built before regulations on administration of road safety
corridors take effect and used for proper purposes indicated in land use right
certificates or house or land-attached asset ownership certificates issued by
competent agencies and do not affect traffic safety may be further used.
Upon receiving requests for
recovery of land for upgrading or renovation of traffic works, upgrading or
renovation investors shall pay compensations or provide supports for owners of
dismantled works under law.
Article 29.
Connection to national highways
1. Roads to be connected to
national highways include:
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b/ Special-use roads;
c/ Access roads.
2. Branch roads must be
connected to national highways through junctions under junction plans approved
by provincial-level People's Committees, after obtaining written consent of the
Ministry of Transport. Road administration state agencies in charge of under
provincial-level People's Committees shall make statistics of connected roads
and work out handling plans in line with approved junction plans.
Passageways from houses may only
be connected to national highways through branch roads.
3. The minimum distance between
two junctions on national highways shall be prescribed by the Minister of
Transport.
4. The designing of junctions of
branch roads and national highways must comply with national standards on
motorways.
5. For junctions of branch roads
and national highways which are under construction, upgrading, renovation or
route redirection, or building of detour sections: Right in the stage of
project formulation, project investors shall base themselves on socio-economic
development master plans of localities through which projected roads will run
to determine locations and sizes of junctions (interchanges or level
junctions).
6. For junctions of branch roads
and national highways currently in use: Provincial-level People's Committees
shall base themselves on local socio-economic development needs and transport
development plans to elaborate junction plans.
7. Owners of works and projects
that are assigned by provincial-level People's Committees to use junctions
under approved junction plans shall base themselves on current standards and
design requirements of motorways to make and send dossiers of junction designs
and plans on organization of traffic at junctions on national highways to
competent agencies for consideration and approval.
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1. Construction of works on
roads currently in use or essential works within land areas reserved for roads
must assure safe and uninterrupted traffic by people and vehicles, durability
of road works currently in use, and environmental protection.
2. Construction of works on
roads currently in use must comply with the Minister of Transport's regulations
on traffic safety assurance.
Chapter
VII
RESPONSIBILITIES TO
MANAGE AND PROTECT ROAD INFRASTRUCTURE FACILITIES
Article 31.
Responsibilities of the Ministry of Transport
1. To perform the unified state
management of roads nationwide; to manage the construction and maintenance of
the national highway system, roads partly used for international transport and
expressways (including also national highways and expressways running through
urban centers).
2. To submit to the Government
for promulgation or promulgate according to its competence legal documents on
management and protection of road infrastructure facilities, and guide the
implementation thereof;
3. To direct and organize the
training and retraining of personnel in charge of administration and protection
of centrally managed road works; to guide provincial-level People's Committees
in organizing refresher courses for their cadres engaged in administration and
protection of locally managed road works.
4. To examine and inspect the
implementation of legal provisions on administration and protection of road
infrastructure facilities.
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6. To work out plans on the
prevention, combat and overcoming of damage of national highway works caused by
natural disasters or enemy sabotage, and organize and inspect the
implementation thereof; to urge and inspect the prevention, combat and
overcoming of damage of local roads caused by natural disasters or enemy
sabotage.
7. To coordinate with
provincial-level People's Committees and concerned ministries and branches in
propagating, disseminating, educating and implementing laws and regulations on
administration and protection of road infrastructure facilities.
8. To coordinate with the
Ministry of Finance in balancing funds for road administration and maintenance,
clearance of road safety corridors, prevention, combat and overcoming of
consequences of natural disasters and enemy sabotage against the national
highway system.
9. To coordinate with the
National Traffic Safety Committee and concerned ministries and branches in
formulating the national traffic safety program, then submitting it to the
Government.
Article 32.
Responsibilities of the Ministry of Public Security
1. To direct and guide public
security forces to inspect and handle violations of regulations on protection
of road infrastructure facilities according to their competence.
2. To coordinate with the
Ministry of Transport and provincial-level People's Committees in performing
the state management of protection of road infrastructure facilities.
3. To coordinate with the
Ministry of Transport in drawing up a list of important road works and plans
for the protection thereof, then submit them to the Prime Minister for
approval, and organize the implementation thereof.
Article 33.
Responsibilities of the Ministry of National Defense
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Article 34.
Responsibilities of the Ministry of Agriculture and Rural Development
The Ministry of Agriculture and
Rural Development shall direct and guide the planning and construction of the
system of irrigation works related to road works; guide the use of land within
road safety corridors for cultivation purposes, ensuring road work technical
requirements and safety.
Article 35.
Responsibilities of the Ministry of Natural Resources and Environment
The Ministry of Natural
Resources and Environment shall assume the prime responsibility for, and
coordinate with provincial-level People's Committees and the Ministry of
Transport in. guiding the elaboration of plans on use of land reserved for
roads and regulations on environmental protection against road traffic impacts.
Article 36.
Responsibilities of the Ministry of Construction
The Ministry of Construction
shall direct and guide the management of construction activities outside road
safety corridors; and coordinate with the Ministry of Transport and
provincial-level People's Committees in elaborating and implementing urban
traffic infrastructure plans.
Article 37.
Responsibilities of the Ministry of Industry and Trade
The Ministry of Industry and
Trade shall direct and guide the planning and construction of the system of gas
stations along national highways and roads subject to separate use regulations;
and coordinate with the Ministry of Transport in determining locations of these
gas stations' entry ways to national highways, assuring the minimum distance
under regulations on connection of branch roads to national highways.
Article 38.
Responsibilities of the Ministry of Finance
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Article 39.
Responsibilities of ministries and ministerial-level agencies
Ministries and ministerial-level
agencies shall appraise and approve plans on construction of works, industrial
parks, urban centers, residential areas, trade-service centers and gas stations
related to land areas reserved for roads in accordance with this Decree; and
supervise the implementation of these plans and handle violations under
regulations.
Article 40.
Responsibilities of provincial-level People's Committees
1. To organize and guide the
propaganda and dissemination of and education about the law on protection of
road infrastructure facilities in their localities.
2. To guide and organize the
implementation of regulations on protection of road infrastructure facilities
in their localities.
3. To direct and inspect
district-level People's Committees and provincial-level Transport Departments
in taking measures to prevent, stop and handle violations and remove works
encroaching upon road safety corridors in their localities.
4. To organize, direct and
inspect provincial-level Transport Departments in:
a/ Operations of the Road
Inspectorate;
b/ Issuance and revocation of
construction permits, termination of activities affecting the safety of traffic
and road works within local road infrastructure protection limits;
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5. To direct, guide and inspect
district-level People's Committees in:
a/ Protection of road works in
their districts;
b/ Management of the use of land
inside and outside road safety corridors, especially land allocation and
issuance of permits for roadside construction;
c/ Clearance of works
encroaching upon protected road infrastructure facilities within their
districts.
6. To mobilize forces, supplies
and equipment for the prompt restoration of traffic disrupted by national
disasters or enemy sabotage.
7. To plan and direct the
application of measures to prevent, stop and handle violations and clear road
safety corridors in their localities.
8. To appraise and approve plans
on construction of works, industrial parks, urban centers, residential areas,
trade-service centers and gas stations related to land areas reserved for roads
in accordance with this Decree; and supervise the implementation of these plans
and handle violations under regulations.
9. To settle disputes,
complaints and denunciations related to the protection of road infrastructure
facilities in their localities under law.
Article 41.
Responsibilities of district-level People's Committees
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2. To organize the propagation,
dissemination and education among local people of regulations on land areas reserved
for roads and protection of road infrastructure facilities.
3. To manage the use of land
inside and outside road safety corridors under law; to promptly handle cases of
illegally encroaching upon, appropriating or using land of road safety corridors.
4. To coordinate with road
administration units and concerned forces in applying measures to protect road
works.
5. To organize the application
of measures to protect road safety corridors, fight illegal encroachment, and
compel the dismantlement of illegally built works for clearance of road safety
corridors.
6. To mobilize all forces,
supplies and equipment for protection of works or prompt restoration of traffic
disrupted by natural disasters or enemy sabotage.
7. To settle disputes,
complaints and denunciations related to the protection of road infrastructure
facilities in their districts under law.
Article 42.
Responsibilities of commune-level People's Committees
1. To manage and maintain local
roads assigned to them for management.
2. To organize the propagation,
dissemination and education among local people of regulations on land areas
reserved for roads and protection of road infrastructure facilities.
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4. To manage the use of land
inside and outside road safety corridors under law; detect and promptly handle
cases of illegally encroaching upon, appropriating or using road safety
corridors.
5. To mobilize all forces,
supplies and equipment for protection of works or prompt restoration of traffic
disrupted by natural disasters or enemy sabotage.
6. To settle disputes,
complaints and denunciations related to the protection of road infrastructure
facilities under their management according to law.
Article 43.
Identification of periods of time for handling works existing within land areas
reserved for roads
1. Before December 21, 1982:
There was no regulation on works existing within land areas reserved for roads.
2. Between December 21, 1982,
and before January 1, 2000, the effective period of Decree No. 203/HDBT of
December 21, 1982, of the Council of Ministers, on the Regulation on road
protection.
3. Between January 1, 2000, and
before November 30, 2004, the effective period of the Governments Decree
No.l72/1999/ND-CP of December 7, 1999, detailing the Ordinance on Protection of
Traffic Works regarding road traffice works.
4. Between November 30. 2004,
and before the effective date of this Decree: the effective period of the
Government's Decree No. 186/2004/ND-CP of November 5, 2004, on management and
protection of road infrastructure facilities.
Article 44.
Handling of works existing within land areas reserved for roads
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2. Works which are considered
not directly affecting the stability of road works and road traffic safety
shall, for the immediate future, be permitted to exist in their original state,
provided that their owners commit not to expand and develop them, and to
dismantle them when so requested by competent state management agencies.
3. Compensations or supports for
owners of dismantled works shall be paid or provided under law.
Article 45.
Coordinated protection of road infrastructure facilities
1. The Ministry of Transport
shall promulgate legal documents guiding the use of land areas reserved for
roads and protection of road infrastructure facilities, or assume the prime
responsibility for, and coordinate with concerned ministries and branches in.
doing so.
2. The Ministry of Transport
shall assume the prime responsibility for, and coordinate with the Ministry of
Public Security in. working out plans on examination and inspection of the
protection of road infrastructure facilities in localities, and urging
localities to handle violations and illegal construction of works within road
safety corridors.
3. Ministries and branches
shall, within their respective functions, tasks and responsibilities defined in
the Law on Road Traffic and this Decree, protect road infrastructure
facilities.
4. Provincial-level People's
Committees shall direct district-level and commune-level People's Committees
and provincial-level Transport Departments in working out plans on and
coordinating with road administration units in protecting road infrastructure
facilities; handling violations of regulations on use of road safety corridor
land; directing specialized agencies in overseeing and summarizing the use of
land areas reserved for roads and reporting it to the Ministry of Transport and
the Vietnam Road Administration.
5. When planning or implementing
projects related to road infrastructure facilities, ministries and branches
shall obtain written consent of the Ministry of Transport right in the stage of
project formulation, and direct and guide investors, designing and construction
contractors in using land areas reserved for roads and assuring traffic safety
during construction under the Law on Road Traffic and this Decree.
Chapter
VIII
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Article 46.
Effect and implementation guidance
1. This Decree takes effect on
April 15, 2010, and replaces the Government's Decree No. 186/2004/ND-CP of
November 5, 2004, on management and protection of road infrastructure
facilities.
2. The Minister of Transport
shall guide the implementation of Articles 4, 11, 27, 28, 29 and 30, and guide
other necessary provisions, of this Decree.
3. Ministers, heads of
ministerial-level agencies and government-attached agencies, and chairpersons
of provincial-level People's Committees shall implement this Decree-On behalf
of the Government
PRIME
MINISTER
Nguyen Tan Dung