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THE MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 1254/1999/QD-BGTVT
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Hanoi, May 27, 1999
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DECISION
PROMULGATING THE REGULATION ON MANAGEMENT, EXPLOITATION AND
USE OF NATIONAL HIGHWAY 51 AND ENSURING TRAFFIC SAFETY THEREON
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to the December 2, 1994 Ordinance on
protection of traffic projects;
Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 on the tasks,
powers, State management responsibility and organizational structure of the
Ministry of Communications and Transport;
Pursuant to the Government’s Decree No. 36/CP of May 29, 1995 on ensuring land
road traffic safety and urban traffic order and safety;
In order to manage and exploit to the utmost National Highway 51 and ensure the
traffic safety thereon and the safety thereof;
At the proposal of the Director of the Vietnam Road Administration and the
Director of the Legal Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on management,
exploitation and use of National Highway 51 and ensuring the traffic safety
thereon.
Article 2.- This
Decision takes effect 15 days after its signing. The Vietnam Road
Administration shall have to direct and inspect the execution of this Decision.
Article 3.- The Director
of the Ministry’s Office, the Director of the Vietnam Road Administration,
heads of other relevant bodies of the Ministry and Directors of the Communications
and Transport (Public Works Services) of Ba Ria-Vung Tau and Dong Nai provinces
shall have to implement this Decision.
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MINISTER OF
COMMUNICATIONS AND TRANSPORT
Le Ngoc Hoan
REGULATION
ON MANAGEMENT, EXPLOITATION AND USE OF NATIONAL HIGHWAY 51
AND ENSURING TRAFFIC SAFETY THEREON
(Issued
together with Decision No. 1254/1999/QD-BGTVT of May 27, 1999 of the Minister
of Communications and Transport)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the management, use and exploitation of National Highway
51 after it is upgraded to achieve the basic standards of the grade-I delta
road.
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All State management bodies, relevant units, all
subject participating in traffic on National Highway 51 and people living by
its sides shall have to strictly abide by this Regulation.
Article 3.- In this
Regulation, the following terms shall be construed as follows:
3.1. "A motor lane" is a course marked
off on both sides by two painted lines, broken or non-broken, on which means
may run along designated direction. For such a one-way two-motor lane road like
National Highway 51, the right motor lane along the direction of travel is the
motor lane No.1 (hereafter referred to lane No.1) and the lane to the left of
lane No.1 is motor lane No.2. The "rudimentary lane" is designated
for rudimentary vehicles and pedestrians, which lies to the right of lane No.1.
3.2. "The median strip" is a strip
installed with pre-fabricated concrete slabs (eel) or built into stage with a
covering layer or planted grass on top to separate two opposite directions of
travel.
3.3. "The edge strip" is a strip built
with corrugated iron fence or marked with painted lines to divide between the
lanes for motor vehicles and the lane for rudimentary vehicles and pedestrians.
3.4. "The protection corridor" is the
area marked off on both sides of the road for the purpose of maintaining the
durability of the project, ensuring the safety for transport exploitation and
concentrated population quarters along the road.
3.5. "The clearance marker" is the
area for which compensation has been made for ground clearance to build the
project.
3.6. "The cross road" is the road
having intersection with National Highway 51.
3.7. "The rudimentary vehicles" are
non-motorized vehicles such as bicycles, pack-bikes, trailer-bikes, carts,
cyclos.
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EXPLOITATION AND USE
Article 4.- Regulations
on the use of motor lanes
4.1. The motor lanes are only reserved for
motorized vehicles running along a designated direction.
4.2. The motorized vehicles can only run within
the prescribed lanes, not to let wheels run over the longitudinal lane-dividing
painted lines, except where they pass each other or make a turn. After passing,
vehicles shall have to return to the prescribed lanes.
4.3. Lane No.1 is reserved for trucks, cars,
truck tractors, special-purpose vehicles, motorcycles, motorbikes, motorized
three-wheelers and slow-speed motorized vehicles.
4.4. Lane No.2 is only reserved for higher-speed
car and for passing cars when conditions permit.
4.5. When motorized vehicles running on the road
break down, the means operators shall have to find ways to immediately drive
the vehicles to the road side and at the same time make a stop signal, then
quickly get the car out of the motor lanes so as to avoid affecting traffic as
well as traffic order and safety.
Article 5.- Provisions
on the use of traffic lane for rudimentary vehicles
All kinds of rudimentary vehicles, pedestrians
and animals can only travel on their exclusive lane divided with the motor
lanes by the edge strips (corrugated iron fences or painted lines).
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6.1. The median strip and the corrugated iron
edge strips on the road have openings as prescribed to create exits for motor
and rudimentary vehicles as well as pedestrians.
6.2. Motorized vehicles wishing to make U-turns
shall have to reach the designated locations (with road signs).
6.3. The pedestrians and animal tenders, when crossing
the road, must travel right on the exclusive painted lines and watch over, and
only cross the road when they deem safe.
6.4. When National Highway 51 is built with
overpasses and/or crossing tunnels, all kinds of vehicles and people shall have
to travel on such overpasses or through tunnels when crossing the road.
Chapter III
TRAFFIC ORDER AND SAFETY
Article 7.- Road signs
system
7.1. The system of signals, road signs,
milestones’ must be fully erected along the road. Particularly in population
quarters, industrial zones, schools�
there must be signboards, lane-dividing painted lines; the paint used for signs
on the road must be clear and luminous. The sign-posts must be affixed with
luminous boards on top.
7.2. All subjects participating in the traffic
on National Highway 51 must abide by the regulations on signals, road signs and
painted lines on the road.
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Article 8.- Operators of
all means running on branching roads of National Highway 51 must give the
priority way to means running on National Highway 51 (except for means with
prescribed priority rights). They must stop their means and watch over then
join the stream of vehicles on National Highway 51 only if they deem safe.
Article 9.- Provisions
on safety on motor and rudimentary means lanes
9.1. The operators of cars and buses must not
stop at their own will to pick up or discharge passengers on the motor lanes.
They must stop at designated places (with road-signs) outside the motor lanes.
9.2. All kinds of vehicles are prohibited from
running in the opposite direction on the designated lanes. The rudimentary
vehicles are prohibited from running on the motor lanes and the motorized
vehicles from running on the rudimentary vehicle lanes.
9.3. It is strictly forbidden to use the
rudimentary vehicle lanes as places to store construction materials, to arrange
eateries, refreshment stalls, markets or other activities which affect traffic
order and safety.
9.4. It is forbidden to leave unbridled
buffaloes, cows and other animals on the road. When they cross the road they
must be led by people through the prescribed places.
9.5. It is forbidden to sun-dry rice stalk or
straw or any things on the road, the median strip and the edge strips.
9.6. It is forbidden to take advantage of the
median and edge strips, marker posts, signboards as places for advertisement,
goods display, which hide or harm the beautiful looks of traffic safety works.
9.7. It is strictly forbidden to use the road
surface for illegal motor race, practice of driving cars and riding bicycles or
motorbikes.
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10.1. To strictly ban all acts of causing damage
to bridges, roads and traffic safety equipment on the road. Those who commit
acts of stealing, disassembling without permission, damaging, shortening the
life and limiting the effect of bridges, roads as well as traffic safety
equipment shall be handled according to law.
10.2. It is strictly forbidden to destroy the
median or edge strips without permission for passageways. It is forbidden to
jump over the median strip to cross the road. If the median and edge strips are
deemed irrationally arranged, proposals shall be made to the competent bridge
and road managing bodies for deciding the closure or opening.
10.3. The traffic environment should be
preserved and less polluted. Trucks carrying materials, earth, cobbles,
discarded materials’ must not let them drop on the road. It is forbidden to let
buffaloes, cows and domestic animals defecate on the road. If these occur, the
means owners and animal tenders shall have to immediately make the cleaning.
Article 11.- National
Highway 51 protection corridor
11.1. The scope of the road protection corridor
as prescribed by Decree No. 203/HDBT of December 21, 1992 of the Council of
Ministers (now the Government) is 20m from the foot of the road to each side.
11.2. The scope of the corridor already cleared
with compensation and erected with boundary markers is 7m from the foot of the
road to each side.
11.3. The protection corridor for the road
running through urban areas according to the planning approved by the competent
level is the street pavements.
11.4. Within National Highway 51 protection
corridor:
It is necessary to comply with the provisions in
Decree No. 203/HDBT of the Council of Ministers (now the Government).
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11.6. Within the area from the clearance
boundary markers (7m) to the road protection corridor markers (20m), the
following things should be done:
- All works built before the issuance of Decree
No. 203/HDBT must be kept in status quo without any additional building or
expansion.
- When the road is broadened by the State, all
works must be dismantled to hand over the ground and compensation shall be
made.
Chapter IV
MANAGEMENT AND
PROTECTION RESPONSIBILITIES
Article 12.- The
specialized State management agencies and the local administration of all
levels (commune, ward, district, provincial town, province, city) in areas
where National Highway 51 runs through shall, according to their respective
functions and tasks, have to manage, inspect, supervise and handle all organizations
and individuals that violate the regulation as prescribed by law.
Article 13.- Units
directly managing National Highway 51 shall have to:
13.1. Well manage and protect the bridge and
road system as well as traffic safety equipment already built and completely
installed. Compare the completion dossiers with reality for management.
13.2. Work out the time-table for regular or
irregular inspection of projects, particularly bridges and sluices, in order to
detect any damage or loss and apply measures for repair. Such inspections must
be updated in books or computers.
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13.4. Strictly observe the regular road patrol
regime in order to detect in time acts of violating the regulation. Apply
measures to immediately suspend acts of causing damage to traffic safety works
or environmental pollution on National Highway 51.
13.5. Closely inspect all oversized and overload
vehicles through weighing stations. Resolutely handle violating vehicles
through measures of load reduction and/or pecuniary fines.
13.6. Collect bridge and road tolls at
tollbooths according to the State’s regulations. Request tollbooths to take
appropriate measures in order to create favorable conditions for all commuters
and fully collect tolls. Resolutely handle negative phenomena when they arise.
The toll collection must not cause traffic jams.
13.7. Coordinate with functional bodies of the
two provinces of Dong Nai and Ba Ria-Vung Tau in propagating and educating
people for the observance of the provisions of law as well as regulation on
traffic safety on National Highway 51.
Article 14.- Bridge and
road managing units shall have to coordinate with agencies and administrations
in localities along National Highway 51 in protecting traffic works and
managing the road protection corridors according to their territories. More
concretely:
14.1. Propagating and educating local people for
the observance of the regulation with a view to efficiently using and
exploiting National Highway 51 and at the same to ensuring traffic safety for
all subjects and reducing traffic accidents on the road.
14.2. Well controlling and handling phenomena of
illegal grabbing, occupation and trading of public land for house construction
along National Highway 51.
Article 15.- Bridge and
road managing units shall have to coordinate with the traffic police in the two
provinces of Dong Nai and Ba Ria-Vung Tau, the main force for maintaining
traffic order and safety on National Highway 51, in performing the following
tasks:
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15.2. Assuming the prime responsibility in
hand-ling traffic accidents on the road, quickly clearing the scene so as to
minimize impact on traffic flow.
15.3. Joining the traffic inspectors in handling
traffic jams on the road, particularly in big industrial zones, schools,
churches, or areas where the traffic is busy.
Chapter V
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 16.-
Organizations and individuals that have high sense of protection and have
merits in the management and exploiting traffic works on National Highway 51
shall be commended according the State’s regulations
Article 17.-
Organizations and individuals that commit acts of violating the provisions of
this Regulation shall be handled according to Decree No. 49/CP of July 26,
1995, supplementary Decree No. 78/98/ND-CP of September 26, 1998 of the
Government. In case of serious violations, the violators can be examined for
penal liability according to law.
MINISTER OF
COMMUNICATIONS AND TRANSPORT
Le Ngoc Hoan
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APPENDIX
A NUMBER OF PROVISIONS ON ADMINISTRATIVE SANCTIONS
AGAINST VIOLATIONS WHICH FREQUENTLY OCCUR ON NATIONAL HIGHWAY 51
(Excerpts from Decree No. 49/CP of July 26, 1995 and Decree No. 78/1998/ND-CP
of September 26, 1998 of the Government)
1. Sanctions against violating organizations and
individuals
a) Warning or a fine of 20,000 VN dong against
pedestrians who have failed to travel on their prescribed road lane or to
follow the traffic signals.
b) A fine of 50,000 VN dong for acts of
occupying road for market places, goods sale display; letting buffalos cows,
horses or other animals run back and forth on the road.
c) A fine of 100,000 VN dong for acts of
sun-drying rice stalks or straw, agricultural products, foodstuffs and others
on the road; tossing bricks, stones, earth, sand or any other objects at
commuters and traffic means.
d) A fine of 500,000 VN dong for acts of storing
construction materials or any other objects on the road, thus obstructing
traffic; placing or planting booby traps or other pointed objects on traffic
road; stretching ropes or placing barriers at one’s own will across the road,
thus obstructing traffic.
2. Sanctions against violating operators of
motorcycles or motorbikes:
a) A fine of 50,000 VN dong for acts of failing
to keep the right lanes; parking or stopping vehicles on the road bed or at
places where parking and/or stop are prohibited.
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c) A fine of 1,000,000 VN dong for acts or zigzagging,
swinging or running vehicles on one wheel on the traffic road.
3. Sanctions against violating car drivers:
a) A fine of 100,000 VN dong for acts of failing
to keep their vehicles on the right lanes or parking, stopping, avoiding,
passing and reversing their cars, or making U-turns, right turns or left turns
in contravention of the regulations.
b) A fine of 300,000 VN dong for acts of running
vehicles beyond the prescribed speeds; failing to give way to other vehicles
which have made passing signals or to vehicle running on the main road;
operating trucks carrying earth, sand, construction materials or other types of
goods without covers.
c) A fine of 2,000,000 VN dong for acts of
fleeing the scene after causing accidents, but not to the extent of being
examined for penal liability.
4. Sanctions against acts of causing
environ-mental pollution in traffic:
- A fine of 1,000,000 VN dong for one of the
following acts:
+ Dropping lubricants or mud on road surface.
+ Persons pulling or pushing carts or carrying
things, who let drop earth, sand, garbage or discarded things on the traffic
road.
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5. Sanctions against acts of damaging the
traffic environment:
a) A fine of 100,000 VN dong for acts of
embanking and scooping water across the road surface.
b) A fine of 1,000,000 VN dong for acts of
removing boundary markers of the traffic road at one�s own will.
c) A fine of 2,000,000 VN dong for one of the
following acts:
- Stealing or damaging structural components or
accessories, thus affecting the traffic safety.
- Illegally drilling or digging traffic road or
damaging the water drainage system of the traffic works or making openings
through dividing strips at one’s own will.-
THE MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS
Le Ngoc Hoan
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