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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 32/2014/ND-CP
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Hanoi, April 22,
2014
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DECREE
ON THE MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY
FACILITIES (*)
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,
The Government promulgates the Decree on
management, operation and maintenance of expressway facilities.
Chapter
I
GENERAL
PROVISIONS
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This Decree provides the management, operation and
maintenance of expressway facilities, including organization of traffic on expressways,
traffic operation, assurance of traffic safety, maintenance of expressway
facilities, handling of incidents and accidents occurring on expressways,
salvage and rescue, and responsibilities to manage and protect expressway
facilities.
Article 2. Subjects of application
This Decree applies to agencies, organizations and
individuals involved in the management, operation and maintenance of expressway
facilities.
Article 3. Interpretation of terms
In this Decree, the terms and phrases below are
construed as follows:
1. Expressway mean a road reserved exclusively for
motor vehicles, with median strips separating carriageways for the two opposite
directions of traffic, without at-grade intersection with any road, furnished
with adequate support equipment and devices to ensure uninterrupted and safe
traffic and shorten travel time, and with certain points for vehicle exits and
entries.
2. Expressway facilities include expressways,
offices of regional traffic management and operation centers, offices of route
traffic management and operation centers, rest and service stations, toll
booths, vehicle weighing stations, sign systems, traffic safety systems, water
drainage systems, electric systems, traffic management and surveillance
systems, information and communication systems, lighting systems, trees and
other support facilities and equipment,
3. Expressway infrastructure includes expressways
and their safety corridors.
4. Traffic management and surveillance system means
a system of advanced equipment and science and technology applications to
manage and supervise traffic on expressways which are installed in the course
of construction or operation.
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6. Expressway administration agency means the
Directorate for Roads of Vietnam, the Ministry of Transport; specialized
agencies of People’s Committees of provinces and centrally run cities.
7. Unit assigned to organize operation and
maintenance of expressway facilities (below referred to as operation and
maintenance unit) means the entity that directly operates and maintains
expressway facilities and has its responsibilities, obligations and benefits
defined in a contract with the expressway administration agency or with an
investor, for projects implemented in the form of public-private partnership.
8. Regional traffic management and operation center
means the agency that manages and operates traffic on expressways and roads in
a given region, which is attached to the Directorate for Roads of Vietnam.
9. Route traffic management and operation center
means the agency that manages and operates traffic on an expressway route or
section; is attached to a unit assigned to organize operation and maintenance
of expressway facilities.
10. Salvage means assisting vehicles and goods
involved in accidents or incidents when joining traffic on expressways.
11. Rescue means rendering first aid or emergency
medical treatment to and carrying victims of accidents or incidents on
expressways to medical establishments, and assisting these victims.
Article 4. Mechanisms of management, operation and maintenance of
expressway facilities
1. The State shall create conditions for all
economic sectors to participate in the management, operation and maintenance of
expressway facilities.
2. Investors may directly, or hire other units or
organizations to, manage, operate and maintain expressway facilities.
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MANAGEMENT
AND OPERATION OF EXPRESSWAY FACILITIES
Article 5. Contents of state management of operation of expressway
facilities
1. Managing and operating expressway facilities
a/ Organizing expressway traffic;
b/ Operating expressway traffic;
c/ Communicating expressway information;
d/ Patrolling and inspecting expressways;
dd/ Announcing the opening to traffic and temporary
closing of expressways;
e/ Setting up toll booths on expressways;
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3. Ensuring traffic safety, handling incidents,
providing salvage and rescue to victims of accidents on expressways.
Article 6. Organization of expressway traffic
1. Expressway traffic shall be organized according
to approved traffic organization plans. Plans on organization of expressway
traffic must have contents as prescribed in Article 26 and Clause 1, Article 37
of the Law on Road Traffic.
2. The Ministry of Transport shall:
a/ Approve and adjust plans on organization of
expressway traffic under its management;
b/ Approve special plans on organization of
expressway traffic when disasters or specially serious accidents or incidents
to expressway facilities affecting traffic safety, or national defense or
security circumstances occur;
c/ Specify the order of and procedures for
elaborating and approving plans on organization of expressway traffic.
3. Provincial-level People’s Committees shall
approve plans on organization of traffic on expressways under their respective
management after reaching agreement with the Ministry of Transport.
4. Investors shall elaborate plans on organization
of traffic on expressways and submit them to the agencies specified in Clause 2
or 3 of this Article for consideration and approval.
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1. Regional traffic
management and operation centers shall supervise and direct operations of route
traffic management and operation centers and operate traffic in areas under
their management.
2. Regional traffic
management and operation centers shall be connected with route traffic
management and operation centers via traffic management and surveillance
systems.
3. Regional traffic
management and operation centers are revenue-generating non-business units.
Their operation funds shall be allocated from the central road maintenance
fund, the source of collected tolls on expressways under their management and
other lawful sources as prescribed by law.
Article 8. Route traffic management and operation centers
1. Management and maintenance units shall organize,
manage and operate route traffic management and operation centers under
regulations of the Ministry of Transport.
2. Route traffic management and operation centers
shall be supervised and directed by regional traffic management and operation
centers, and shall concurrently send traffic information from their centers to
regional traffic management and operation centers for management and direction.
Article 9. Expressway information
1. Expressway information includes fixed and
variable information:
a/ Fixed information is provided via the road sign
systems on expressways;
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2. Operation and maintenance units shall provide
information according to approved traffic organization plans.
3. Regional traffic management and operation
centers shall direct operation and maintenance units to provide traffic
information on the basis of special traffic organizations plans approved by
competent agencies when difficult circumstances occur unexpectedly.
Article 10. Patrol and inspection on expressways
1. Traffic police shall patrol and control traffic
on expressways and through traffic surveillance systems to detect and handle
violations of road traffic law; coordinate with units assigned to organize
operation and maintenance of expressways in detecting and stopping violations
of regulations on protection of expressway facilities and safety corridors.
2. Operation and maintenance units shall conduct
inspections on expressways to patrol, examine and monitor the organization of
traffic, traffic accidents and conditions of expressway facilities; promptly
direct breakdowns of or infringements upon expressway facilities, encroachments
upon, or illegally use of, the land of expressways and their safety corridors;
and handle these acts according to their competence or report them to competent
authorities for handling.
3. Expressway administration agencies shall conduct
inspections on expressways to examine, monitor and supervise the performance of
inspection duties; handle according to their competence or coordinate in
handling infringements upon expressway facilities, and encroachments and
illegal use of the land of expressways and their safety corridors.
Article 11. Announcement of the opening to traffic and temporary
closing of expressways
1. Expressway facilities may be put into operation
or use only when they satisfy design requirements, ensure quality and meet
prescribed standards, and their traffic organization plans are approved.
2. Temporary closing of expressways is the
temporary closing of one direction or both directions of expressways. Temporary
closing of an expressway may be applied in the following cases:
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b/ A specially serious accident occurs, requiring
the temporary closing of the expressway;
c/ Serving national defense or security
requirements.
3. The Ministry of Transport and provincial-level
People’s Committees shall announce the opening to traffic or temporary closing
of expressways under their respective management.
Article 12. Toll booths on expressways
Toll booths on expressways shall collect tolls for
vehicles moving on expressways, apply modem tolling technologies, and be built
according to planning or investment projects approved by competent state
agencies under regulations. Operations of toll booths must ensure traffic safety
and uninterruptedness and avoid causing traffic jams in toll booth areas.
Article 13. Protection of expressway infrastructure
1. Protection of expressway infrastructure must
comply with Article 52 of the Law on Road Traffic and guiding documents.
2. Connection of expressways with other road
systems must be planned from the time of formulation of investment projects on
construction of expressways, comply with planning and be approved by competent
state agencies under regulations.
In case there is a change in the approved transport
development master plan of a sector or locality, the supplementation of points
of connection with expressways must be approved by competent state agencies
under regulations and interchanges must be built. Expenses for building
interchanges and other related expenses shall be borne by investors of
connected routes.
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1. All activities of managing and maintaining
expressways facilities that restrict the normal use conditions of expressways
shall be announced on means of communication to operators of vehicles joining
traffic.
2. Operation and maintenance units shall arrange
sufficient manpower and equipment to warn risks threatening traffic safety and
protect the warned sites under current regulations on traffic safety.
3. The Ministry of Transport shall assume the prime
responsibility for, and coordinate with the Ministry of Public Security in,
issuing regulations on assurance of traffic safety and handling of accidents
and incidents on expressways; assurance of traffic safety during the management
and operation of expressway facilities; and in examining and supervising the
assurance of traffic safety on expressway routes.
4. Provincial-level People’s Committees shall
organize examination and supervision of the assurance of traffic safety on
expressway routes under their respective management.
5. Investors and operation and maintenance units
shall closely coordinate with the public security and other functional forces
in the areas in organizing traffic and protecting expressway infrastructure,
and handling and settling accidents and incidents.
Article 15. Processing of information relating to, and responsibility
to detect and report, accidents and incidents occurring on expressways
1. Principles of processing information relating to
expressways
a/ Information on accidents and incidents to
vehicles and incidents to facilities on expressways shall be supplied from the
sources of systems of collecting information relating to expressways; patrol
and inspection on expressways; people and road users via emergency telephone
systems on expressways.
b/ Upon receiving information on accidents or
incidents to vehicles or incidents to facilities on expressways, operation and
maintenance units shall immediately send road inspection and traffic response
forces and notify it to the public security agency, salvage and rescue teams
and related forces to expeditiously come to the scenes and perform tasks
according to their respective functions.
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Article 16. Rescue and salvage upon occurrence of accidents and
incidents on expressways
When an accident or incident occurs, related
organizations and individuals shall, in addition to complying with Article 38
of the Law on Road Traffic, comply with the following provisions:
1. The operation and maintenance unit in charge of
the expressway shall immediately send its force to the scene for initial
settlement, protection of the scene, provision of first aid to victims (if
any), and temporary guidance on traffic; arrange its force to participate in
settling the accident or incident under the command of the public security
force; and carry out procedures to claim compensation for damage to expressway infrastructure
assets under regulations.
2. The rescue team shall immediately come to the
scene no later than 30 minutes after receiving information in order to render
first aid and emergency treatment for victims; and transport victims to the
nearest medical establishment.
3. The salvage team shall immediately come to the
scene no later than 30 minutes after receiving information in order to salvage
vehicles and goods involved in the accident out of the expressway.
4. The route traffic management and operation
center shall provide information on accidents and incidents on the radio waves,
electronic information displays and information supply points; coordinate with
the operation and maintenance unit in guiding traffic from afar and applying
measures to ensure traffic safety; and adjust traffic lanes or set speed limits
on the expressway suitable to actual traffic conditions.
5. The regional traffic management and operation
center shall:
a/ Direct the route traffic management and
operation center and supervise the provision of information in the course of
salvage and rescue;
b/ Direct other operation and maintenance units of
other expressway routes in the area to support the handling of accidents or
incidents, when necessary;
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6. The public security agency shall dispatch its
force to the scenes of accidents or incidents no later than 30 minutes after
receiving information, and assume the prime responsibility for, and coordinate
with other forces in, settling accidents or incidents within the shortest time
in order to open the expressway to traffic.
7. Expenses for rescue and salvage on expressways
a/ The Ministry of Transport shall prescribe levels
of expenses for salvage on expressways;
b/ The Ministry of Health shall assume the prime
responsibility for, and coordinate with the Ministry of Transport in,
prescribing levels of expenses for rescue on expressways;
c/ Expenses for rescue on expressways shall be
included in expenses for management, operation and maintenance of expressways.
Expenses for salvage activities shall be paid by vehicle operators if they
cause the accidents or by the units assigned to organize operation and maintenance
or by investors of expressway routes if the accidents are caused by expressway
facility breakdowns or other objective reasons.
Article 17. Responsibilities of organizations and individuals upon
occurrence of accidents or incidents on expressways
1. Vehicle operators and persons directly related
to accidents and persons present at the scenes of accidents shall promptly
provide information to functional agencies by using emergency telephone numbers
prescribed in Article 38 of the Law on Road Traffic. Vehicle operators or
owners shall pay compensations for damage to expressway infrastructure
facilities due to accidents or incidents caused by them.
2. Operation and maintenance units shall determine
the damage value; clear up scenes after the public security and other
functional forces make scene records and permit such clearance; and shall
repair and restore expressway facilities which are damaged due to accidents or
incidents.
Chapter III
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Article 18. Maintenance of expressway facilities
1. Maintenance of expressway facilities shall be
conducted according to technical standards on facility maintenance or
maintenance processes approved by investors under regulations on maintenance of
construction works to ensure the utilities of facilities and traffic safety
during operation.
2. The Ministry of Transport and provincial-level
People’s Committees shall select units and organizations to maintain expressway
facilities with regard to expressway routes built with state budget funds under
their respective management.
3. Investors shall organize the maintenance of
expressway facilities built under investment projects in the form of
public-private partnership and franchised projects under regulations of the
Ministry of Transport.
4. The operation and maintenance of expressway
facilities shall be performed under separate contracts or as part of work under
contracts on construction, operation and maintenance of expressway facilities.
5. The Ministry of Transport and provincial-level People’s
Committees shall examine and supervise the performance of expressway
management, operation and maintenance contracts under their management.
Article 19. Expenses for the maintenance of expressway facilities
1. For expressways built with state budget funds,
expressways transferred from investors upon the expiration of the operation
duration and expressways built in the build-transfer (BT) form, maintenance
expenses shall be paid from the source of collected tolls on the expressways
(if tolls are collected) or from the road maintenance fund (if tolls are not
collected).
2. For expressways for which the toll collection
right has been transferred to organizations or individuals, maintenance
expenses shall be paid with the proceeds from the sale of the toll collection
right (if the transfer price includes maintenance expenses) or from the road
maintenance fund, if the contract on transfer of the toll collection right
stipulates that the State shall perform maintenance work.
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Chapter IV
RESPONSIBILITIES FOR
MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY FACILITIES
Article 20. Responsibilities for management, operation and maintenance
of expressway facilities
1. The Ministry of Transport shall:
a/ Perform the state management of expressways;
b/ Assume the prime responsibility for, and
coordinate with functional agencies in, drafting and promulgating or submitting
to competent authorities for promulgation legal documents, regulations,
standards and econo-technical norms on management, operation and maintenance of
expressway facilities; and organize and examine the implementation of
promulgated documents;
c/ Organize the formation of the apparatus to
manage, operate, maintain and protect expressway infrastructure; popularize,
disseminate and educate about the law on traffic on expressways; monitor the
technical conditions of expressway facilities, and carry out international
cooperation on expressways;
d/ Examine and supervise the operation and
maintenance of expressways; to examine and supervise the implementation of
approved traffic organization plans.
2. The Ministry of Health shall assume the prime
responsibility for, and coordinate with the Ministry of Transport in,
promulgating regulations on medical activities, first aid and emergency
treatment on expressways and the structure and organization of the apparatus for
rescue activities.
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a/ Assume the prime responsibility for, and
coordinate with the Ministry of Transport and other related ministries and
agencies in, promulgating regulations on, and organize patrol and direct traffic
when dealing with accidents and handling violations of the road traffic law;
b/ Coordinate in using the data on traffic
management and operation to serve the assurance of traffic order and safety and
the prevention and combat of crimes on expressways.
4. The Ministry of National Defense shall assume
the prime responsibility for, and coordinate with the Ministry of Transport in,
promulgating the Regulation on use of expressways for national defense and
security purposes.
5. Provincial-level People’s Committees shall
perform the state management of the maintenance of expressways under their
respective management; organize and direct the popularization and dissemination
of and education about the law on traffic on expressways, the State’s laws and
policies on the protection of assets and safety corridors of expressways;
assume the prime responsibility for, and coordinate with the Ministry of
Transport and the Ministry of Public Security in, protecting assets and safety
corridors of expressways, and coordinate with the Ministry of Public Security
in handling and settling accidents and incidents occurring on expressways.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 21. Effect
This Decree takes effect on June 10, 2014.
Article 22. Implementation provisions
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2. The management, operation and maintenance of
expressway facilities must comply with the law on management and protection of
road infrastructure and the provisions of this Decree.
3. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of provincial-level
People’s Committees and heads of related agencies shall implement this Decree.-
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
(*) Công
Báo Nos 467-468 (29/4/2014)