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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
172/1999/ND-CP
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Hanoi,
December 7, 1999
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON PROTECTION
OF TRAFFIC WORKS WITH REGARD TO LAND ROAD TRAFFIC WORKS
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the December 2, 1994 Ordinance on Protection of Traffic Works;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
prescribes the scope of protecting land road traffic works, the
responsibilities of organizations and individuals in the protection of land
road traffic works and the administrative sanctions against acts of violating
the regulations on the protection of land road traffic works.
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Article 3.- The to be -
protected land road traffic works shall cover:
1. Road beds, road surfaces, pavements and
sewage systems;
2. Assorted bridges, sluices, embankments,
shield walls, road undergrounds, underground constructions, tunnels, spillways,
emergency exits;
3. Ferry landings, pontoon bridge wharves,
reserve wharves, constructions and equipment at both ends thereof, places to
hide river-crossing means and support equipment;
4. Anti-collision works, water current-
regulating works;
5. Traffic direction islands, median strips,
signal and signboard systems, corridor walls, protection walls, boundary
markers, measurement markers, milestones, lighting lamps, traffic lamps and
traffic safety support works;
6. Car terminals, parking lots (including
support constructions), roadside car stations;
7. Car-weighing stations, car-counting equipment,
toll booths, traffic control stations, lane-deviating checkpoints.
Article 4.- The corridor
for protection of land road traffic works shall cover sections on land surface,
in the air, underground and water sections adjacent to the land road traffic
works, which are used to ward off and prevent impacts affecting the durability
of the works, to ensure safety for road traffic activities, beautiful views and
environmental hygiene.
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LAND ROAD TRAFFIC WORK
PROTECTION CORRIDOR LIMITS
Article 5.- The road
protection corridor limits are stipulated as follows:
1. For the roads outsides the urban areas,
depending on their technical grades as planned, the distance from the edge of
the foot of the embanked road taluses or the edge of the top of the dug road
taluses or from the outer edge of the horizontal ditches or the edge of the top
ditches of the roads to their both sides shall be:
- 20m (twenty meters) for express ways and roads
of grades 1 and 2;
- 15m (fifteen meters) for roads of grade 3;
- 10m (ten meters) for roads of grades 4 and 5;
- For the inter-village and inter-commune roads,
such corridor shall be stipulated by the People’s Committees of the provinces and
centrally-run cities (hereafter referred collectively to as the provincial
People’s
Committees) but must not be smaller than the width of a road side.
2. For urban roads of cities, provincial towns,
district towns, the protection corridor limit shall be equal to the width of
the pavements or the construction boundary under the approved planning.
3. For land roads running in parallel with
rivers, canals or water areas with waterway transport activities, of which the
corridors are overlapping, the land road protection corridors shall be
calculated from the upper edges of the banks of such rivers, canals and water
areas to the roads.
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Article 6.- The
protection corridor limits for bridges and sluices are stipulated as follows:
1. For bridges outside urban areas:
a) According to the length of the bridges, the
distance from bridge abutment to each side of the bridge shall be:
- 50 m (fifty meters) for bridges with the
length of 60m or over;
- 30 m (thirty meters) for bridges with the
length of under 60m.
Where a bridge has in and out- slopes longer
than the above-prescribed distance, the protection corridor limit shall be
calculated from the end of the bridge abutment to the ends of the slopes.
b) According to the width of the bridge, the
distance from the outermost point of the bridge structure to each side of the
bridge shall be:
- 150m (one hundred fifty meters) for bridges with
the length of over 300m;
- 100 m (one hundred meters) for bridges with
the length of from 60 m to 300m;
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- 20 m (twenty meters) for bridges with the
length of under 20m.
2. For bridges in urban areas:
a) According to the length of the bridges, as
prescribed in Point a, clause 1, this Article.
b) According to the width of the bridges:
- From the edge of the outermost parapets
outward, it shall be 7m (seven meters) for land bridges, including big bridges
with sections suspending over the land areas only submerged when floods appear;
- As prescribed at Point b, Clause 1, this
Article, and the limit according to the horizontal direction of the bridge
shall be the distance between two upper edges of the river banks for bridges
suspending over sections constantly submerged under water.
3. For sluices, the protection corridor
limit according to the length of the sluice to both sides shall be equal to the
width of the road protection corridor.
Article 7.- The
protection corridor limits for ferry and pontoon bridge wharves are stipulated
as follows:
1. According to the length of the ferry or
pontoon bridge wharf, it is equal to the length of the slope leading to the
wharf.
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Article 8.- The
protection corridor limits for embankments, shield walls, water current-
regulating works are stipulated as follows:
1. For anti-erosion embankments to protect road
beds:
a) It is 50 m (fifty meters) from both ends of
the embankment to the upper reach and the lower reach respectively;
b) It is 20m (twenty meters) from the foot of
the embankment toward the river.
2. For water current-regulating embankments:
a) It is 100m (one hundred meters) respectively
to the upper reach and the lower reach from the embankment foot;
b) It is 50m (fifty meters) from the embankment
foot to the bank;
c) It is 20m (twenty meters) from the embankment
foot out to the river;
Article 9.- The
protection scopes of car terminals, parking lots, roadside car-stations,
car-weighing stations, traffic control stations or toll booths shall be the
land and/or water areas covered by such works, which have been prescribed by
competent State bodies in the use permits.
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1. The protection
corridor limit for the road undergrounds shall be the land, rock and aerial
area of 100 m (one hundred meters) from the outermost points of underground
structures outwards.
2. The protection corridor limit for urban road
undergrounds shall be specified in each project approved by competent State
bodies.
Article 11.- The
overhead protection corridor limits are stipulated as follows:
1. For roads, it is 4.5m (four and a half
meters) from the heart of the road up according to the vertical direction.
2. For bridges, it is the height of the highest
structure of the bridge, but not lower than 4.8m (four point eight meters) from
the bridge surface up according to the vertical direction.
3. The height of the power transmission lines
above the land road traffic works or directly attached onto the bridge
structure must ensure safety for communication and transport activities and the
safety of the power grids, depending on the voltages of the transmission lines.
Article 12.- The
protection corridor limits for the underneath of land road traffic works shall
be specified by the competent State bodies in compatibility with the technical
requirements of each work.
Article 13.- For land
road traffic works in urban areas, the protection corridor limits must comply
with this Decree and Decree No. 91/CP of August 17, 1994 of the Government.
Article 14.- Where the
protection corridor limit for a land road traffic work must be stipulated
differently from the prescriptions of this Decree in order to ensure its
compatibility with the actual situation of renovation, expansion, upgrading or
new construction, the Minister of Communications and Transport shall report
such to the Prime Minister before making a decision thereon.
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LAND ROAD TRAFFIC WORK
PROTECTION RESPONSIBILITIES
Article 15.-
1. Domestic and foreign
organizations and individuals, when operating on the systems of national
highways, provincial roads, district roads, commune roads, urban roads and
special-use roads have the responsibility to protect the land road traffic
works.
2. Domestic and foreign organizations and
individuals, that are permitted to invest in the construction and/or
exploitation of land road traffic works shall have to organize the protection
thereof during the construction and/or exploitation investment as prescribed by
law.
Article 16.- The land
road managing agencies shall assume the prime responsibility and coordinate
with the land administration offices and the People’s Committees of urban and rural districts,
provincial capitals and towns of provinces (hereafter referred collectively to
as the district-level People’s Committees), the People’s
Committees of communes, wards and district towns (hereafter referred
collectively to as the commune-level People’s Committees), where roads run through, in
conducting the measurement and planting markers of the land road traffic work
protection corridor limits which serve as basis for the management and use of
the road protection corridor land.
The district-level People’s Committees shall direct the
commune-level People’s
Committees to take initiative in coordinating with the grassroots land road
managing units to organize the protection of the land road traffic work
protection corridors.
Article 17.- The
Vietnam Land Road Administration under the Ministry of Communications and
Transport, the provincial/municipal Communications and Transport Services and
Communications and Public Works Services (hereafter referred collectively to as
the provincial/municipal Communications and Transport Services) shall have to
guide and direct their road management units to perform the following tasks:
1. Arranging adequate signals, signs and road
traffic safety support works;
2. Managing, maintaining, repairing road traffic
works and ensuring the state of technical safety thereof; carrying out regular
inspection in order to detect in time damaged works, loss of road traffic equipment,
acts of violation of legislation on protection of road traffic works and road
communications and transport safety;
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4. Handling or reporting to the competent State
bodies for handling acts of violation of legislation on protection of road
traffic works; immediately stopping activities which cause harms to the safety
of land road traffic works or the safety of road communications and transport.
Article 18.- The People’s Police
forces, the Military Police forces and law bodies in the localities shall,
within their respective functions and tasks, have to protect the road traffic
works and coordinate with the land road traffic inspection forces and the road
managing units in protecting the road traffic works.
Article 19.-
1. All organizations and
individuals, when detecting any incidents happening to road traffic works or
any acts of violating the regulations on the protection of road traffic works,
shall have to immediately report them to the road managing units, police
offices or the nearest local People’s Committees.
2. Road managing units, police offices or local
People’s
Committees, upon receiving the reports, shall have to immediately send
responsible people to the places where the incidents occur or the works are
infringed upon for timely handling measures, and at the same time to report
such to their superior managing units and notify the road managing agencies
thereof.
Article 20.- In special
cases where the construction of a work requires the use and exploitation of the
aerial space, land area and/or water area within the road traffic work
protection limit, there must be the written consent right at the time of
project elaboration from the following road managing agencies:
1. The Ministry of Communications and Transport,
for construction works of Group A projects;
2. The Vietnam Land Road Administration, for
construction works of Group B and C projects, which are related to national
highways and new constructions, repairs but not to the extent of elaboration of
projects related to national highways under its management;
3. The provincial/municipal Communications and
Transport Services, for construction works related to local roads and new constructions,
repairs, but not to the extent of elaboration of projects related to national
highways under their respective management;
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Article 21.-
Construction works which use and exploit the aerial space, land areas and/or
water areas outside the limits for protection of road traffic works but affect
the safety of the road traffic works or the safety of road communications and
transport activities must be consented in writing right at the time of project
elaboration by the following road managing agencies:
1. The Ministry of Communications and Transport,
for construction works of Group A projects;
2. The Vietnam Land Road Administration, for
construction works under Group B and C projects which affect national highways;
3. The provincial/municipal Communications and
Transport Services, for construction works of Group B and C projects, which
affect local roads.
Article 22.- A number
of construction works which are allowed to use the road protection corridors or
are located outside the corridors but affect the road traffic safety shall have
to comply with the following regulations:
1. Electric, telegraph and telephone posts
outside the inner cities, towns or densely populated areas must be away from
the edges of road beds for a distance at least equal to the height of the post;
2. Lime kilns, foundries, brick kilns, glass
kilns, pottery kilns must be at least 25m (twenty five meters) away from the
foot of the road bed;
3. Explosives, poisons and inflammables depots
and mines exploited with mines must be located outside road protection
corridors and kept at a safe distance according to current law provisions;
4. Market places must be at least 100m (one
hundred meters) away from the road foot or edge and comply with the planning;
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6. The use of road protection corridors related
to adjacent security or defense works must be agreed upon by the Ministry of
Public Security or the Ministry of Defense.
Article 23.- The use of
works within the road protection limits must be in strict accordance with the
written consents and construction permits of the competent road managing
agencies.
The commencement and completion of the construction
must be reported to the unit directly managing the road traffic works for
inspection.
Article 24.-
1. In the road protection
corridors along the suburban roads, subsidiary food crops, food crops, fruit
trees and/or timber trees may be planted, but the following regulations must be
complied with:
a) For embanked roads, they must be planted at
least 1m (one meter) for subsidiary food crops and food crops and 2m (two
meters) for fruit trees and timber trees, from the road foot;
b) For dug roads, they must be planted at least
6m (six meters) from the top edge of the road talus or the outer edge of the
top ditch;
c) Only timber trees with deep main roots are
planted. Not to let the trees branch out beyond the prescribed aerial scope of
the road.
2. Trees of all kinds must not be planted in the
road protection corridors along the roads at road forks, crossroads,
intersections with railways and at positions affecting the visibility of the
means operators.
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Article 26.-
1. Besides prohibited
acts prescribed in Article 20 of the Ordinance on Protection of Traffic Works,
the following acts against land road traffic works are also prohibited:
a) Letting unbridled or tending and walking
animals on roads, road taluses and tying animals to trees lines along the
roads, to marker post, sign boards or other traffic safety support works;
b) Digging ditches under bridges, using road
sides to build canals, ponds; destroying or burning forests close to road
sides;
c) Illegally exploiting sand, rock, gravel or
other acts which affect the safety of road traffic works;
d) Carrying out without permission construction,
diggings, gun shooting, mine explosion, burning, anchoring or mooring vessels
or any acts, which affect the safety of bridges.
2. To strictly prohibit all acts of blocking
roads or obstructing traffic, if there are no permits of the competent road
managing agencies.
In cases where it is due to security, political,
social order or defense requirements, the competent police offices may temporarily
halt or restrict traffic for the performance of tasks, but have to immediately
report such to the competent road managing agencies for coordination in
avoiding traffic jam.
Article 27.-
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2. In case of emergency, the agencies in charge
of flood, storm, drought and water-logging prevention and combat may use road
traffic works, but not affecting the durability of the works, and, upon the
fulfillment of the tasks, shall have to restore the initial state of the road
traffic works.
3. Where the road work managing agencies and the
irrigation works managing agencies have plans to build, renovate or upgrade
their works, the construction, renovation and upgrading of works must be
combined together.
4. For the construction of new works, which
affect the durability of previously-built works or restrict the utility
thereof, the agencies managing such new works shall have to apply technical
measures to handle them as agreed upon by the agencies managing the previously-built
works which were damaged, and to cover the cost of repair and restoration. If
the agencies managing the old works also wish to make the renovation, expansion
and upgrading thereof, they shall have to invest therein.
5. The management and use of dyke sections as
traffic roads and dykes too shall have to comply with the legislation on dyke
protection and the legislation on road traffic work protection on the principle
of giving first priority to ensuring dyke safety.
Chapter IV
STATE MANAGEMENT
RESPONSIBILITIES REGARDING THE PROTECTION OF LAND ROAD TRAFFIC WORKS
Article 28.- The
Ministry of Communications and Transport has the responsibility to :
1. Submit to the Government for promulgation or
promulgate according to its jurisdiction legal documents on the protection of
land road traffic works; guide and inspect the implementation of such
documents;
2. Direct and organize the training and
fostering of personnel in charge of management and protection of land road
traffic works nationwide;
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4. Organize, direct and supervise the activities
of the Road Traffic Inspection Forces throughout the country;
5. Coordinate with the provincial People’s
Committees and concerned branches in the propagation and dissemination of
legislation on the protection of land road traffic works;
6. Coordinate with the Ministry of Finance in
balancing funds for implementation of plans on clearance of road traffic
protection corridors regarding roads managed by the central government;
7. Work out plans for and inspect the implementation
of the prevention and overcoming of damage caused to road traffic works by
natural disasters or enemy sabotage;
8. Settle disputes, complaints and denunciations
related to the protection of land road traffic works according to law.
Article 29.- The
Vietnam Land Road Administration under the Ministry of Communications and
Transport has the responsibility to:
1. Elaborate legal documents on the protection
of road traffic works so that the Ministry of Communications and Transport
submits them to the Government for promulgation or promulgate according to
competence;
2. Organize the training and fostering of its
personnel in charge of management and protection of road traffic works;
3. Direct and inspect the activities of the road
traffic inspection forces under its direct management;
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5. Guide, direct and inspect the granting and
withdrawing construction permits, suspend activities in the road traffic works
protection limits which cause unsafety to traffic as well as to road works;
6. Propose the competent State bodies to grant
permits for activities outside the road works protection limits or to withdraw
the permits for activities outside the road works protection limits but
affecting the quality and safety of the road traffic works;
7. Direct and organize the prevention, combat
and overcoming of damage caused to road traffic works by natural calamities or
enemy sabotage;
8. Coordinate with local administration and
concerned branches in propagation and dissemination of legislation on
protection of road traffic works;
9. Draw up plans for clearance of road traffic
work protection corridors for the national highway system;
10. Settle disputes, complaints and
denunciations related to the protection of road traffic works, which fall under
the Department’s
responsibility as prescribed by law.
Article 30.- The
provincial People’s
Committees have the responsibility to:
1. Promulgate documents guiding the
implementation of the regulations on the protection of road traffic works,
which are in line with the legal documents of the State and the Ministry of
Communications and Transport and suitable to the concrete conditions of their localities;
2. Organize apparatuses for management and
protection of their local road systems;
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a) Activities of the provincial traffic
inspection forces under the guidance of the Ministry of Communications and
Transport;
b) The granting and withdrawal of construction
permits, the suspension of activities in the traffic work protection limits,
which cause unsafety to traffic as well as to the local road works. Request,
propose the granting of permits for activities outside the protection limits or
the withdrawal of permits for activities outside the protection limits but
affecting the quality and safety of the local road traffic works.
4. Direct, guide and inspect the district and
commune People’s
Committees in the following domains:
a) The protection of road traffic works in their
respective provinces;
b) The management and use of land inside and
outside the road traffic work protection limits in compliance with the
provisions of the land legislation, the regulations on management of
construction along the roads and the legislation on protection of traffic works
as well as road transport safety;
c) Their prime responsibility and coordination
with road management units in clearance of the road traffic work protection
limits infringed upon;
5. Mobilize all forces, supplies and equipment
for the prompt restoration of traffic disrupted by national calamities and/or
enemy sabotages;
6. Organize and direct the propagation,
dissemination and education of the legislation on road traffic work protection
within their respective localities;
7. Allocate annual funding for the clearance of
local road protection corridors;
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Article 31.- The
district-level People’s
Committees have the responsibility to:
1. Guide and inspect the commune-level People’s
Committees in the implementation of the law provisions on the protection of
road traffic works;
2. Organize the propagation, dissemination and
education of the legislation on the protection of road traffic work;
3. Organize and direct the application of
measures by the commune-level People’s Committees to protect the road traffic
works on the district territory;
4. Organize the clearance of road traffic work
protection limits on the district territory;
5. Organize the management of the use of land
inside and outside the road traffic work protection limits in compliance with
the provisions of land legislation, the regulations on management of
construction along roads and the legislation on the protection of traffic works
as well as road communication and transport safety on the district territory;
6. Grant, withdraw permits for construction of
road traffic works assigned to their management;
7. Mobilize all forces, supplies and equipment
for prompt restoration of traffic disrupted by natural calamities or enemy
sabotages;
8. Settle disputes, complaints and denunciations
related to the protection of road traffic works on the district territory
according to the provisions of law.
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1. Coordinate with the Ministry of
Communications and Transport and the provincial People’s Committees in performing the State
management functions regarding the protection of road traffic works;
2. Coordinate with the Ministry of
Communications and Transport and the Ministry of Defense in drawing up plans
for the protection of road traffic works of special importance, to be submitted
to the Prime Minister for approval, and organize the implementation thereof;
3. Direct and guide the police forces to inspect
and handle violations of legislation on the protection of road traffic works.
Article 33.- The
Ministry of Construction has the responsibility to direct and guide the
planning and building of urban areas, population quarters and other
constructions along roads.
Article 34.- The
Ministry of Agriculture and Rural Development has the responsibility to direct
and guide the planning and building of systems of irrigation works related to
road traffic works; direct and guide the tree planting in the land road
protection corridors.
Article 35.- The
Ministry of Finance has the responsibility to:
1. Ensure funds for the management, maintenance,
repair and protection of road traffic works invested with State budget capital
or originated from the State budget on the basis of the annual budget plans
approved by the Government;
Owners of road construction works invested with
other sources of capital shall themselves have to ensure funds for the
management, maintenance, repair and protection of such works;
2. Inspect the spending of the State budget on
the management, maintenance, repair and protection of road traffic works for
the right purposes;
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Article 36.- The
General Land Administration has to assume the prime responsibility and
coordinate with the provincial People’s Committees and the Ministry of
Communications and Transport in guiding the survey, measurement and
classification of land in the road protection corridors for management and use
according to the provisions of law.
Article 37.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government and the provincial People’s Committees, when drawing up planning on
construction or renovation of works, which affect the safety of road traffic
works, must obtain the written consent of the Ministry of Communications and
Transport.
Chapter V
COMMENDATION AND VIOLATION
HANDLING
Article 38.-
Organizations and individuals who record the following achievements shall be
commended according to the common regulations of the State:
1. Splendidly fulfilling the tasks of managing
and protecting land road traffic works;
2. Contributing labor, efforts and/or property
to the protection of land road traffic works;
3. Detecting and/or denouncing acts of
infringing upon or sabotaging traffic works.
Article 39.-
Organizations and individuals that violate the regulations on the protection of
land road traffic works shall, depending on the nature, seriousness and
consequences of the violations, be disciplined or administratively sanctioned
according to the provisions of Decree No. 49/CP of July 26, 1995, the amended
provisions of Decree No. 78/1998/ ND-CP of September 26, 1998 of the Government
and the provisions in Article 40 of this Decree.
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Article 40.-
1. Warning or a fine of
20,000 VNdong shall be imposed on one of the following acts:
a) Tending and walking animals on road taluses,
tying animals to tree lines along roads or marker posts, sign boards, road
traffic safety support works;
b) Climbing without permission on bridge
abutments, piers or beams.
2. A fine of 50,000 VNdong shall be imposed on
acts of occupying traffic roads for display and sale of goods which obstruct
the exploitation and use of road traffic works.
3. A fine of 300,000 VNdong for car drivers who
fail to abide by traffic signals, guidance of traffic personnel and/or traffic
inspectors when travelling on roads, bridges, ferries and/or dangerous road
sections.
4. A fine of 1,000,000 VNdong for acts of
setting fire, mooring or anchoring ships/boats in the protection corridors or
other acts which affect the safety of bridges.
5. A fine of 2, 000,000 VNdong for one of the
following acts:
a) Occupying road traffic work protection areas
to build dwelling houses, food or drink huts or other works;
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c) Blocking traffic roads without permission or
obstructing traffic;
d) Occupying and using traffic roads as places
for sale and purchase of construction materials, or vehicle washing.
6. A fine of 3,000,000 VNdong for acts of digging
ditches under bridges, using road sides to build canals or ponds.
7. A fine of 5,000,000 VNdong for acts of
construction, digging, mine explosion, exploitation of sand, rock, cobble
stones or other acts, which affect the safety of road traffic work.
In addition to fines, individuals and
organizations that violate the provisions of this Article shall also have to
dismantle their works, dwelling houses, food or drink huts built on occupied
land, remove them within the time limits prescribed by the competent bodies;
restore the initial state which has been altered due to the violations; and pay
compensation for damage caused by their acts of violation.
Article 41.- The People’s
Committees at all levels, the People’ Police forces and the land road traffic
inspectors are competent to impose administrative sanctions according to the
provisions of Decree No. 49/CP of July 26, 1995, the amended provisions of
Decree No. 78/1998/ND-CP of September 26, 1998 of the Government and the
provisions in Article 40 of this Decree.
Article 42.- The
handling of works lying in the road traffic work protection corridors, which
had existed before the issuance of this Decree, is stipulated as follows:
1. Immediately clearing all works which cause
such harms to the stability of road traffic works as sinkage, slides, cracks,
breaks, or cause unsafety to road communications and transport activities.
2. Gradually clearing works which are deemed not
yet directly affecting the stability of road traffic works and the safety of
road communications and transport activities, provided that the owners of such
works must commit with the local People’s Committees and the road management
agencies to keep the status quo, not to further expand; and to dismantle their
works when so requested by the competent State bodies.
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IMPLEMENTATION PROVISIONS
Article 43.- This
Decree takes effect as from January 1st, 2000.
To annul previous regulations which are contrary
to this Decree, except for cases where the Prime Minister allows smaller protection
corridor limits regarding some projects on land road upgrading and improvement.
Article 44.- The
Minister of Communications and Transport shall have to guide the implementation
of this Decree.
Article 45.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai