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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 38-L/CTN
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Hanoi, December 02, 1994
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ORDINANCE
ON PROTECTION OF TRANSPORT WORKS
In order to
strengthen the State management, and enhance the responsibility of State
agencies, economic and social organizations, units of the People's Armed Forces
and all individuals, in the protection of transport works, contributing to
socio-economic development and the assurance of national defense and security
and the people's life;
Pursuant to Article 91 of the 1992 Constitution of the Socialist
Republic of Vietnam;
This Ordinance provides for the protection of the transport works.
Chapter
I
GENERAL PROVISIONS
Article
1.- The transport works are
technical-economic facilities which are part of the infrastructure and are
important to the development of the national economy and the assurance of
national defense and security and the people's life.
Article
2.- The transport works covered by this
Ordinance include land roads, railways and river routes which serve public
transport, hereafter generally referred to as transport works.
The protection of the
transport works belonging to civil aviation and maritime transport is regulated
respectively by the Law on Civil Aviation of Vietnam and the Code on Maritime
Transport of Vietnam.
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Article
4.- The State has policies to encourage
and protect the lawful rights and interests of organizations and individuals at
home and abroad that invest in and/or apply scientific and technological
advances to building, transforming, maintaining, repairing and protecting
transport works.
Article
5.- The State exercises unified management
of the protection of transport works, irrespective of their capital sources.
The State ensures
budget allocations and other conditions for the maintenance, repair and
protection of transport works, which are built with capital allocated by or
originating from the State budget.
The owner of a
transport work built with capital from other sources must ensure the budget for
its maintenance, repair and protection.
Article
6.- The planning, transformation,
expansion and upgrading of transport routes of all kinds must be approved by
the competent State authority and marker-posts must be planted at vantage
points of such works.
The designing and
building of transport works must comply with the schemes, plans and blueprints
already approved by the competent State authority; and must meet the standards
in technical quality and safety.
Article
7.- All
State agencies, social
and economic organizations, units of the People's Armed Forces and individuals
are responsible for preserving and protecting transport works; and for
observing the legal provisions on the protection of transport works and related
legislation.
All foreign
organizations and individuals operating or residing in the Vietnamese territory
must comply with the provisions of Vietnamese law on the protection of
transport works.
Article
8.- The People's Councils at all levels
shall, within the scope of their tasks and jurisdiction, be responsible for
supervising the implementation of the legal provisions for the protection of
transport works in their localities.
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Article
9.- The users and exploiters of transport
works must pay tolls as stipulated by law.
The Government shall
stipulate the categories of transport works to be tolled and their specific
tolls.
Article
10.- All acts of violation against
transport works shall be dealt with by law.
Chapter
II
PROTECTION
OF TRANSPORT WORKS
Article
11.- The transport works which are
protected include:
1. On-land works: Roads,
bridges, sewers, tunnels, urban pavements, ferries, bus stations, drainage
systems, road signs and other support works and facilities;
2. River works:
Navigation routes on rivers, lakes, canals and along bays; docks, water locks,
dams, ports and harbors, storage sites, buoys and other support works and
facilities;
3. Railway works:
Railways, bridges, tunnels, sewers, railway stations, storage sites, signal
systems and other support works and facilities.
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1. Land road: the
national highways, urban roads, provincial roads, district roads, communal
roads and the specialized on-land roads:
2. River route: the river
ways under central and local jurisdiction and the specialized river ways;
3. Railway: the
national railway system and the specialized railways.
Article
13.- The protection area for transport
works includes: the works; the protection corridors; the air space, the ground
and the water beneath the works which are related to the security of the works
themselves and the safety of transport activities.
All construction and
other activities outside the protection area for transport works must not do
harm to the security of the works.
The Government shall
provide details on the protection area for transport works.
Article
14.- The building of transport works and
the use and exploitation of the air, land and/or water space within their
protection area must be approved in accordance with law by the competent State
authority.
The building of
transport works and the use and exploitation of the air space, land and/or
water area outside their protection area which may affect the security of the
works or the safety of the transport activities, must be advised by the
competent State authority responsible for the protection of transport works.
Article
15.-
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2. The managing units
are responsible for the technical safety of their works; in case they discover
damage which threatens the safety of the traffic, they must take timely
measures to fix and repair them; they must also take preventive measures
against natural calamities in order to minimize damage to the works and shall
be held joint-responsible for traffic accidents due to the poor technical
quality of the works.
Article
16.- When a transport work is discovered
to have been infringed upon or become unsafe, the discoverer has to immediately
report his/her finding to the local authority or the managing unit, traffic
police or the nearest State agency, which shall take timely measures to deal with
the problem.
Article
17.- With regard to transport works of
special importance, the Ministry of Transport and Communication shall take the
initiative to coordinate with the Ministry of the Interior and the Ministry of
Defense to design plans for their protection in accordance with the provisions
of the Government.
Within the scope of
their tasks and jurisdiction, the People's Police Force has the responsibility
to coordinate with and provide support for the managing units of transport
works and the inspection units responsible for their protection.
Article
18.- All acts of encroachment upon the
protection area of transport works to erect houses, cottages or any other
works, are strictly banned.
All acts of violation
of the construction plans already approved by the competent State authority or
the plans for house removal compensation shall be dealt with by law.
Article
19.-
1.
Organizations and individuals that are permitted to build, transform, expand
and repair transport works and carry out other activities within the protection
area of the works must comply with the legal provisions on protection of
transport works and related legislation.
2. When the State has
the need to build, transform or expand transport works, the owners of the
works, houses and cottages which lie within the protection corridors of the
transport works, including those the construction of which have been permitted,
must move out promptly as decided by the competent State agency.
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3. Any delay in moving
or any hindrance to the removal of the architectures stipulated in Item 2 of
this Article, which hampers the building, transformation and expansion of
transport works, shall be dealt with by law.
Article
20.- The following acts are banned:
1. Destroying,
dismantling and stealing parts, accessories, tools and construction materials,
signal systems and facilities serving traffic at transport works;
2. Dumping toxic waste
which may cause damage to or affect the durability and life of transport works;
3. Storing goods,
materials and wastes; washing vehicles, holding market, and letting loose
cattle on traffic roads; drying rice straw, farm produce and other things on
highways; and other acts which cause hindrances to the use and exploitation of
transport works;
4. Operating
over-loaded vehicles or at speeds faster than the speed limit which may affect
the quality of transport works.
Article
21.- The following works may be conducted only
after a permit is obtained from the competent State authority on protection of
transport works:
1. Drilling, digging
or cutting traffic roads;
2. Using explosives to
extract rocks, sand and gravel, which may affect the quality of transport works;
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4. Anchoring and mooring
boats and rafts or parking transport means which may hamper the use and
exploitation of transport works;
5. Displacing signal
systems or blocking their visibility and that of other facilities serving
traffic flow;
6. Opening traffic flows
across railways, highways and roads with median strips; or operating motor or
caterpillar-treaded vehicles or hauling weighty objects across railways at
points where crossing is banned;
8. Placing fish traps
or aquatic rearing or catching facilities which may hinder waterways;
9. Other works which
may affect the quality of transport works.
In the event that one
of the works stipulated in this Article is permitted, its realization must
include measures to ensure safety to the traffic; after completion, timely
measures must be taken to restore the state and quality of the transport works.
The managing units of the transport works are responsible for controlling and
supervising the restoration of the state and quality of the transport works.
Article
22.- When the need arises, the operation
of the following transport means must be licensed by the competent State
authority on protection of transport works:
1. Caterpillar-treaded
vehicles, heavy-duty vehicles and over-size vehicles which are to operate on
public transport works with bridges and sections which require limited weights
or sizes;
2. Large-size vessels
which are to operate on river routes navigable to vessels with size limits;
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The managing units of
the transport works shall coordinate with the traffic police and the military
police to control the operation of the transport means stipulated in this
Article.
Article
23.- The protection of the transport works
which are also military works, or of the military works which are also
transport works, shall comply with the provisions of this Ordinance and the
Ordinance on Protection of Military Works and Military Zones.
The protection of the
transport works which are also irrigation works or dikes, or of the irrigation
works or dikes which are also transport works, shall comply with the provisions
of this Ordinance, the Ordinance on Exploitation and Protection of Irrigation
Works, and the Ordinance on Protection of Dikes.
The protection of the
transport works which are related to other infrastructure works shall comply
with the provisions of this Ordinance and related legal provisions.
Article
24.-
1.
In the event of an incident which causes hindrance to traffic flow, the owner
of the object which blocks the traffic of ships and boats must notify
immediately the nearest managing unit of transport works, take measures to
ensure traffic safety and remove that obstacle within the time limit set by the
managing unit of transport works;
2. In the event of an
incident which causes hindrance to traffic flow, the owner of the object which
blocks the traffic on land or rail roads must notify immediately the nearest
managing unit of transport works and traffic police and remove that obstacle,
not letting it hamper the traffic flow of trains and vehicles;
3. In the event the
obstacle is not removed within the set time limit, the managing unit of
transport works or the traffic police is responsible for removing it and the
owner of the object has to bear all the cost of the removal.
Chapter
III
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Article
25.- The Government exercises unified
State management in the protection of the transport works throughout the country.
The Ministry of
Transport and Communication performs the function of State management in the
protection of the transport works; is responsible for organizing the
management, protection, exploitation and use of the transport works, and for
controlling and supervising the protection of the national highway system, the
centrally-managed river routes and the national railway system; and ensures
that the national transport system operate safely and smoothly.
The Ministry of the
Interior and the concerned ministries and branches shall, within their tasks
and powers, coordinate with the Ministry of Transport and Communication in the
exercise of the function of State management in the protection of transport
works.
The People's
Committees at all levels shall, within their tasks and powers, exercise the
function of State management in the protection of transport works under the
guidance of the Ministry of Transport and Communication; are responsible for
organizing the protection of the transport works located in their localities;
and direct the maintenance, repair and protection of the transport works the
management of which has been assigned to them.
The local agencies of
State management of the protection of transport works are responsible for
assisting the People's Committees of the same level to perform the State
management function in the protection of transport works.
The State management
over the protection of railway transport works shall be determined by the
Government upon the proposal of the Minister of Transport and Communication.
Article
26.- The content of State management of
transport works includes:
1. To formulate
schemes and plans for building, transformation, upgrading and repairing
transport works;
2. To draft and issue legal
documents on protection of transport works and organize the implementation of
the legal documents on protection of transport works;
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4. To set and
publicize standards on maximum loads and technical norms for transport means in
compliance with the safety conditions of the public transport system.
To set the maximum
loads and sizes for transport means to be imported into Vietnam;
5. To issue and
withdraw licenses for the exploitation and use of transport works which may
affect the works' quality and safety;
6. To formulate
regulations on constructions to be built on either side of transport routes and
within their protection corridors, in compliance with plans for their transformation
and expansion;
7. To carry out
promotion, dissemination and education on laws on protection of transport works;
8. To train and foster
personnel for management and protection of transport works; to carry out
research and application of scientific and technological advances in the field
of protection of transport works;
9. To control and
inspect the implementation of the legal provisions on protection of transport
works;
10. To settle
disputes, complaints and denunciations related to the protection of transport
works; to handle cases of violation of laws on protection of transport works
within one's jurisdiction.
11. To engage in
international cooperation in the field of protection of transport works.
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1. The Ministry of
Transport and Communication shall determine the organization of the units to
manage the national highways, centrally managed river routes and national
railways;
2. The People's
Committees at provinces and cities directly under the Central Government shall
determine the organization of the units to manage urban roads, provincial
roads, district roads, communal roads and local river routes, under the
guidance of the Ministry of Transport and Communication.
Chapter
IV
INSPECTION
ON PROTECTION OF TRANSPORT WORKS
Article
28.- The State management body for the
protection of transport works performs the function of inspection in the
protection of transport works.
The Government is to determine
the organization, tasks, powers and operation of inspection in the protection
of transport works.
The Ministry of
Transport and Communication is to organize the inspection personnel for the
protection of transport works on land, rail and river.
Article
29.- In performing inspection, the
Inspection team or Inspector of the protection of transport works has the
powers:
1. To control and
inspect the implementation of the legal provisions on protection of transport
works;
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3. To handle within
one's jurisdiction acts of violation of legal provisions on protection of
transport works or to recommend to the competent State authority to handle them.
4. Within one's
jurisdiction to settle disputes, complaints and denunciations against acts of
violation of legal provisions on protection of transport works;
5. To be in charge of
coordination with the People's Police and other law-enforcement forces in
performing the function of inspection of protection of transport works.
In case of necessity,
to prevent the possible consequences on transport works of acts of violation of
laws on their protection, the Inspector has the authority to halt transport
means to apply within one's jurisdiction preventive measures and takes
responsibility before law for his/her decision.
Article
30.- All organizations and individuals are
responsible for creating conditions for the Inspection team or Inspector on
protection of transport works to perform its/his/her tasks; and for obeying
its/his/her decision.
The Inspection team or
Inspector on protection of transport works is to be responsible before law for
its/his/her decision.
Article
31.- Organizations and individuals have
the right to lodge complaints to the body in charge of inspection of transport
works or an immediately higher agency of State management over protection of
transport works, about the decision and measures taken by the Inspection team
or Inspector.
Organizations and
individuals have the right to lodge complaints or denunciations against an
agency of State management over protection of transport works, for its acts of
violation of legal provisions on protection of transport works.
The agency, which
receives the complaints or denunciations, is responsible for considering and
settling them in accordance with legal provisions on citizen complaints and
denunciations and other related legal provisions.
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Chapter
V
REWARD AND
HANDLING OF VIOLATIONS
Article
33.- Organizations and individuals with
meritorious deeds in the protection of transport works shall be rewarded in
accordance with the State provisions.
A person, who combats
acts of violation of legal provisions on protection of transport works and, as
a result, suffers from losses in property, health or life, shall be compensated
in accordance with the provisions of law.
Article
34.- Any person, who encroaches upon the
land within the protection area of transport works or commits any other act of
violation of legal provisions on protection of transport works, shall,
depending on the nature, seriousness of the violation and its consequence, be
subjected to administrative sanction or investigated for penal liability.
Article
35.- Any person, who abuses his/her
position and powers to shield those who have committed acts of violation of
legal provisions on protection of transport works; violates provisions on
licensing the use of land within the protection areas of transport works, on
compensations for site clearing, and on the management and protection of
transport works; or commits other acts of violation of law, shall, depending on
the nature, seriousness of the violation and its consequence, be subjected to administrative
sanctions or investigated for penal liability.
Article
36.- Any person, who commits acts of
violation of legal provisions on protection of transport works and causes
losses to organizations or individuals, shall, apart from being dealt with according
to provisions stipulated in Article 34 and 35 of this Ordinance, have to make
compensations for the losses as provided for by the provisions of law.
Chapter
VI
IMPLEMENTATION
PROVISIONS
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Article
38.- This Ordinance takes effect from the
date of its issuance.
All previous
provisions which are contrary to this Ordinance shall be annulled.
Article
39.- The Government shall issue detailed
provisions for the implementation of this Ordinance.
ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL
ASSEMBLY
CHAIRMAN
Nong Duc Manh