Decree of Government No.186/2004/ND-CP of November 5, 2004 prescribing the management and protection of road traffic infrastructures

THE GOVERNMENT
———

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
————–

No. 186/2004/ND-CP

Hanoi, November 5, 2004

 

DECREE

PRESCRIBING THE MANAGEMENT AND PROTECTION OF ROAD TRAFFIC INFRASTRUCTURES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Law on Road Traffic;
At the proposal of the Transport Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the classification, naming and numerical identification of roads; the technical standards of road grades; the order and procedures for formulating, approving and publicizing the road traffic infrastructure planning; the land areas reserved for roads; the use and exploitation of road safety land corridors and the construction of essential works within land areas reserved for roads; and the responsibilities for managing and protecting road traffic infrastructures.

Article 2.- Vietnamese as well as foreign agencies, organizations and individuals, that invest in the construction, management and exploitation of roads in the Vietnamese territory, must comply with the provisions of this Decree and relevant law provisions.

Article 3.- The nationwide road systems constitute an integrated network uniformly managed by the State, irrespective of the capital sources for construction thereof.

Article 4.- Agencies, organizations and individuals shall have to protect the road traffic infrastructures. The land use, exploitation and construction within land areas reserved for roads must ensure traffic non-interruption, order and safety and must not affect the durability of roads.

Chapter II

CLASSIFICATION, NAMING AND NUMERICAL IDENTIFICATION OF ROADS

Article 5.- The land road networks are divided into the following 6 systems:

1. The national highway system, which consists of the main axial roads of the nationwide land road network, which are of particularly important effect in service of the national or regional socio-economic development, defense and security, including:

a/ Roads linking Hanoi capital with the centrally-run cities; and with administrative centers of the provinces;

b/ Roads linking administrative centers of three or more provinces or centrally-run cities (hereinafter called provinces);

c/ Roads linking international seaports with international border-gates and main land border-gates.

2. The provincial road systems, which consist of axial roads within one province or two provinces, including roads linking a province’s administrative center with districts’ administrative centers or with adjacent provinces’ administrative centers; roads linking national highways with districts’ administrative centers.

3. The district road systems, which consist of roads linking districts’ administrative centers with the administrative centers of communes or commune clusters or with adjacent districts’ administrative centers; roads linking provincial roads with administrative centers of communes or centers of commune clusters.

4. The commune road systems, which consist of roads linking the communes’ administrative centers with hamlets and villages, or roads linking communes together.

5. The urban road systems, which consist of roads lying within the administrative boundaries of inner cities or urban centers.

6. The exclusive road systems, which consist of roads used exclusively for transport and communication by one or a number of agencies, enterprises and/or individuals.

Article 6.- The competence to classify and readjust road systems is determined as follows:

1. The national highway system is decided by the Transport Minister.

2. The provincial road systems are decided by the presidents of the provincial-level People’s Committees after getting written consents from the Transport Minister.

3. The urban road systems are decided by the presidents of the provincial-level People’s Committees after getting written consents from the Construction Minister and the Transport Minister.

4. The district road systems are decided by the presidents of the provincial-level People’s Committees.

5. The commune road systems are decided by the presidents of the district-level People’s Committees.

6. The exclusive road systems are decided by organizations or individuals that have the roads after getting written consents from the Transport Minister, for exclusive roads linking with national highways; written consents from the presidents of provincial-level People’s Committees, for exclusive roads linking with provincial roads, urban roads or district roads; written consents from the presidents of district-level People’s Committees, for exclusive roads linking with commune roads.

Article 7.- The naming and numerical identification of roads are prescribed as follows:

1. Roads shall be named after great personalities, persons with meritorious services to the nation, historical and cultural relics or events, geographical areas or traditional customs; identification numbers of roads shall be natural numbers accompanied with letters if necessary.

2. Named roads shall be called by names consisting of “Duong” (Vietnamese for road) followed by their proper names; numbered roads shall be called by names of their road systems followed by their identification numbers.

In cases where the name and/or identification number of an urban road is identical to those of a national highway, both the name of such urban road and the name as well as identification number of such national highway shall be used.

3. Names and identification numbers of roads which are included in the regional or international road systems shall comply with the agreements between Vietnam and the concerned countries.

In cases where the name and identification number of a domestic road is identical to those of a regional or international road, both the name and identification number of such domestic road and the name and identification number of such regional or international road (if any) shall be used.

4. The naming and numbering of roads shall be decided by the agencies competent to classify them. Particularly, urban roads or provincial roads shall be named under decisions of the provincial-level People’s Councils.

The Transport Ministry shall guide in detail the naming and numbering of roads.

Chapter III

ROAD INFRASTRUCTURE PLANNING AND TECHNICAL STANDARDS

Article 8.-

1. Responsibilities to formulate and competence to approve road traffic infrastructure plannings are prescribed as follows:

a/ Basing itself on the socio-economic development, defense and security strategies and plannings and the people’s travel demands, the Transport Ministry shall have to formulate national road traffic infrastructure development strategies and plannings, regional road traffic infrastructure plannings, national highway system’s infrastructure development plannings and some special plannings they are assigned to formulate, then submit them to the Prime Minister for approval;

b/ Basing themselves on the socio-economic development, defense and security strategies and plannings and the local people’s travel demands, the provincial-level People’s Committees shall have to organize the formulation of strategies and plannings on development of systems of provincial roads, district roads, commune roads or urban roads in line with the national and provincial road traffic infrastructure plannings; then approve them or submit them for approval under decentralization. Particularly, plannings on development of provincial road systems must be commented in writing by the Transport Ministry; plannings on traffic infrastructures of special-grade and grade-1 urban centers must be commented in writing by the Construction Ministry and the Transport Ministry.

2. The order and procedures for formulating and approving road traffic infrastructure plannings must comply with law provisions on planning, investment and construction management.

3. Road traffic infrastructure plannings, after being approved, must be widely publicized in appropriated forms by the agencies which have organized thereof formulation.

Article 9.-

1. The construction of new roads must ensure the technical standards of each grade of road according to Vietnamese standards and the Construction Ministry’s branch standards, for urban roads or the Transport Ministry’s branch standards for roads outside urban centers. Particularly for forestry roads, mining roads and other exclusive roads, the exclusive standards of such sectors must be applied.

In case of application of foreign countries’ technical standards of road works, the competent State management agency’s approval is required.

2. Roads being currently exploited but not yet graded must be renovated or upgraded to attain the technical standards of appropriate road grades.

Article 10.-

1. Newly constructed, upgraded or renovated roads and roads already put into exploitation must be evaluated in terms of traffic safety.

2. Traffic safety evaluation must be conducted at one or several following stages:

a/ Work construction investment reports;

b/ Work construction investment projects or work construction econo-technical reports;

c/ Technical designs or construction drawing designs;

d/ Before works are put into exploitation;

e/ In the course of exploitation.

3. The traffic safety evaluation shall be conducted by an organization composed of persons possessing professional qualifications and experiences suitable to requirements of the evaluation; such organization shall operate independently from the design consultancy organization which has made the project dossier or work design.

4. Persons competent to decide on the investment or permit the investment shall decide which projects must be evaluated, at which stages the evaluation shall be conducted, and organize the traffic safety evaluation.

5. Organizations conducting the traffic safety evaluation shall have to study project dossiers, work designs, conduct site inspections and detect imminent traffic accidents, then propose or request remedial measures therefor.

6. Design consultants shall have to receive written proposals or requests stated in traffic safety evaluation reports and readjust project dossiers and designs according to the received contents. For roads already put into exploitation, the road management agencies shall have to accept proposals and requests stated in the traffic safety evaluation reports and adopt repairing or remedial measures.

7. Funding for traffic safety evaluation shall be determined within the project investment funding, for newly constructed, upgraded or renovated works; or shall be taken from the financial sources for road management and maintenance, for those already put into exploitation.

8. The Transport Minister shall guide in detail the traffic safety evaluation; coordinate with the Construction Ministry and the Finance Ministry in specifically guiding the funding for traffic safety evaluation.

Chapter IV

SCOPE OF PROTECTION OF ROAD TRAFFIC INFRASTRUCTURES

Article 11.- Scope of protection of road traffic infrastructures covers road land, road safety corridors, overhead, underground and underwater sections related to safety of works and safety of road traffic.

Article 12.-

1. Road land means land areas on which road works are constructed, consisting of static traffic works and supporting works. Road works include:

a/ Roadbeds, road surfaces, pavements, car stops, car parks, water drainage systems, traffic lamps, boundary markers, fences, signboards, road painted lines, milestones, traffic roundabouts, median strips, lighting systems, tunnels, spillways, emergency exits;

b/ Bridges, tunnels, sewage, embankments, shield walls;

c/ Ferry landings, pontoon bridge wharves, river-crossing means and places to river-crossing means sheltering places;

d/ Anti-collision works, walls, water current-regulating embankments;

e/ Traffic control stations, car-weighing stations, road and bridge toll booths, car-counting equipment;

f/ Measurement markers, road boundary markers;

g/ Traffic safety supporting works.

2. Road safety corridors mean two land strips along roadsides reserved for purpose of ensuring traffic safety and protecting road works.

Article 13.- The road safety corridor limits are prescribed as follows:

1. For the roads outside urban centers: depending on their technical grades as planned, the width of the road safety corridor measuring 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 outer edge of the top ditches of the roads to their both sides shall be:

– 20 m (twenty meters) for expressways, and grade-I and grade-II roads;

– 15 m (fifteen meters) for grade-III roads;

– 10 m (ten meters) for grade-IV and grade-V roads;

– 5 m (five meters) for under grade-V roads.

2. For urban roads: the road safety corridor limit shall be the width measuring from the road edge to the road construction boundaries under the planning approved by competent authorities.

3. For roads running in parallel with rivers or canals with waterway transport activities, of which the safety corridors are overlapping, the road safety corridor limits shall be calculated from the upper edges of the banks of such rivers or canals towards the roads.

4. For roads running in parallel with or adjacent to railways, of which the protection corridors are overlapping, the borders of safety corridors between such roads and railways shall be decided by the Transport Minister.

Article 14.- The safety corridor limits for bridges and sluices are prescribed as follows:

1. For bridges on roads outside urban centers:

a/ According to the length of the bridge, the distance from the bridge abutment’s end to each side of the bridge shall be:

– 50 m (fifty meters) for bridges with the length of 60 m or over;

– 30 m (thirty meters) for bridges with the length of under 60 m.

Where a bridge has bridge-head slopes longer than the distance prescribed at Point a, Clause 1 above, the safety corridor limit shall be calculated from the bridge abutment’s end to the slope foot’s end.

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:

– 150 m (one hundred and fifty meters) for bridges with the length of over 300 m;

– 100 m (one hundred meters) for bridges with the length of between 60 m and 300 m;

– 50 m (fifty meters) for bridges with the length of between 20 m and under 60 m;

– 20 m (twenty meters) for bridges with the length of under 20 m.

2. For bridges on urban roads:

a/ According to the length of the bridges, the same as those prescribed at Point a, Clause 1 of this Article.

b/ According to the width of the bridges:

– From the edge of the outermost parapets outward, it shall be 7 m (seven meters) for bridge sections over land, including bridge sections over land areas only submerged when floods appear; other bridge sections shall comply with provisions of Point b, Clause 1 of this Article.

3. For sluices, the safety corridor limit according to the length of the sluice to both sides shall be equal to the width of the road safety corridor.

Article 15.- The safety corridor limits for road tunnels are prescribed as follows:

1. On roads outside urban centers: Within the distance of 100 m (one hundred meters) from the outermost points of structural parts of tunnels.

2. On urban roads: Such limits shall be prescribed by competent State agencies for each specific project.

Article 16.- The safety corridor limits for ferry landings and pontoon bridge wharves are prescribed as follows:

1. According to the length of the ferry landing or pontoon bridge wharf: It is equal to the length of the slope leading to the landing or wharf.

2. According to the width of the ferry landing or pontoon bridge wharf: It is 150 m (one hundred and fifty meters) from the middle of the landing or wharf to each side downstream or upstream.

Article 17.- The safety corridor limits for embankments are prescribed as follows:

1. For anti-erosion embankments to protect roadbeds:

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 20 m (twenty meters) from the foot of the embankment toward the river.

2. For water current-regulating embankments:

a/ It is 100 m (one hundred meters) respectively to the upper reach and the lower reach from the embankment foot;

b/ It is 50 m (fifty meters) from the embankment foot to the bank;

c/ It is 20 m (twenty meters) from the embankment foot to the river;

Article 18.- The protection scopes of car terminals, parking lots, traffic control stations, car-weighing stations, road and bridge toll booths and works in service of road management shall be the land and/or water areas covered by such works, which have been prescribed by competent State agencies in the use permits.

Article 19.- The road safety distance limits for overhead sections are prescribed as follows:

1. For roads, it is 4.75 m (four point seventy five meters) from the heart of the road surface upward vertically.

2. For bridges, it is the height of the highest structure of the bridge, but not lower than 4.75 m (four point seventy five meters) from the bridge floor surface upward vertically.

3. The height of communications lines stretching above roads must ensure the minimum distance of 5.5 m (five point five meters) from the road surface to such communication line.

4. The height of the power transmission lines above roads or directly attached onto the bridge structure must ensure safety for transport activities and the safety of the power grids, depending on the voltages of the transmission lines.

Article 20.- The horizontal road safety distance limits for communications lines or power transmission lines, calculated from the foot of the embanked road taluses or the edge of the top of the dug road taluses to the posts, shall be at least equal to 1.3 times the height of the posts and must not be shorter than 5 m (five meters).

Article 21.- The road safety distance limits for underground or underwater sections of road works shall be prescribed by competent road management agencies for each specific project, satisfying the technical requirements, ensuring traffic safety and work safety, and not affecting the road management and maintenance.

Article 22.- For road works in urban centers, the safety corridor limits must comply with the provisions of this Decree and regulations on protection of road works in urban centers.

Chapter V

LAND USE AND EXPLOITATION WITHIN LAND AREAS RESERVED FOR ROADS

Article 23.-

1. Land reserved for roads shall be reserved only for construction of road works, used and exploited in service of road traffic safety purposes.

2. The construction of a number of essential works within land areas reserved for roads must ensure the safe exploitation of road works and shall be conducted in the following cases:

a/ Works in service of security and defense requirements;

b/ Works with special technical requirements, which cannot be located outside land areas reserved for roads;

c/ Works which must be located on the same plane with road works in order to ensure the synchronism and thrift.

Article 24.- The construction of essential works within land areas reserved for roads must comply with the following regulations:

1. Project formulation and approval, project designing must comply with law provisions on investment and construction management.

2. They must be approved in writing by the following competent agencies in charge of State management over roads right from the stage of project formulation and approval of designing dossiers before submission thereof to competent authorities for approval according to regulations:

a/ The Transport Ministry, for works under group-A projects;

b/ Vietnam Road Administration, for works under group-B or group-C projects related to national highways and newly constructed or renovated construction works, which are ineligible for formulation of national highway-related projects under its management;

c/ Provincial/municipal Transport Services, for works under group-B or group-C projects related to local roads (outside urban centers) and newly constructed or renovated construction works, which are ineligible for formulation of projects under their management;

d/ Provincial/municipal Traffic and Public Work Services or Construction Services, for works under group-B or group-C projects related to local roads and newly constructed or renovated construction works, which are ineligible for formulation of urban road-related projects according to task assignment by provincial/municipal People’s Committees.

3. They must have construction permits to ensure traffic safety, issued by competent agencies in charge of State management over roads.

Article 25.- Land exploitation and use within the land areas of road safety corridors are prescribed as follows:

1. The land of road safety corridors may be used for planting food crops, subsidiary food crops, fruit trees and/or timber trees or for aquaculture, but the following regulations must be complied with:

a/ For embanked roads, they must be planted at least 1 m (one meter) from road foot for food crops and subsidiary food crops and at least 2 m (two meters) for fruit trees and timber trees;

b/ For dug roads, they must be planted at least 6 m (six meters) from the top edge of the road talus or the outer edge of the top ditch;

c/ Only fruit trees and timber trees, which have deep main roots and do not affect visibility of persons joining road traffic, are allowed to be planted. Particularly in road sections close to road forks, crossroads, intersections with railways and at positions to the smaller radius of road bends where the visibility is blocked, only low trees which cannot affect the visibility are allowed to be planted;

d/ Ponds and lakes for aquaculture must be away from the edge of the road foot for a distance being at least equal to the height difference between the edge of the base of embanked road and the pond or lake beds. The water level in ponds or lakes must not be higher than the road base foot;

e/ Irrigation ditches must be away from the foot of embanked road talus for a distance being at least equal to the depth of the ditches and the water level in the ditches must not be higher than the road base foot, except for case of flooding.

2. Upon construction of industrial parks, economic zones, population quarters, trade and service centers, the system of access roads outside the road safety corridors must be constructed and linked with the existing system of loop roads before linking with main roads.

In cases where newly constructed access roads are allowed to directly link with the existing main roads, the linking points must be approved by competent agencies in charge of State management over roads right at the stage of project formulation and the designs must ensure technical and safety standards.

3. Billboards installed in road safety corridors must be approved by competent road management agencies and must not affect the traffic safety.

4. The use of the road safety corridors related to adjacent security or defense works must be agreed upon by the Public Security Minister or the Defense Minister.

5. Gas stations must be constructed outside the road safety corridors under the plannings approved by competent agencies, and with competent road management agency’s written approval of positions and designs of gas station drive-in and drive-out ways through the land of the road safety corridors, including designs of points linking with the existing roads and ensuring technical standards and safety of the currently exploited road sections.

Article 26.- The following acts are strictly prohibited

1. Illegally digging, drilling or sawing roads.

2. Illegally opening loop roads linked to main roads.

3. Placing obstacles on roads to impede traffic.

4. Letting unbridled or tending and walking animals on roads, road taluses; tying animals to tree lines along roadsides or to signal posts, signboards or other road supporting works.

5. Illegally exploiting sand, rock, gravel, or other acts which affect the safety of road works.

6. Digging, setting fire, blasting, anchoring or mooring vessels or affecting the safety of bridges.

7. Climbing without permission onto bridge abutments, piers and beams.

8. Encroaching upon or appropriating land of road safety corridors in any form.

9. Other acts affecting road works’ safety and road traffic safety.

Article 27.- The construction of works on currently exploited roads must comply with the Transport Ministry’s regulations on traffic safety assurance.

Article 28.-

1. In case of emergency, the competent agencies in charge of flood and storm prevention and combat may use road works in service of flood and storm combat. After fulfilling their tasks, they shall have to restore the initial state of road works.

2. In cases where the road work-managing agencies and the irrigation work managing agencies have plans to construct new works or renovate or upgrade the existing ones, the construction, renovation and upgrading of works must be combined together.

3. For the construction of new works, which affect the durability of previously constructed 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 constructed works which are damaged and to cover the expenses for 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.

Article 29.- The use and exploitation of sections used simultaneously as traffic roads and dikes shall have to comply with law provisions on dike protection and road traffic infrastructure protection on the principle of prioritizing the to ensuring dike safety first.

Article 30.- The use and exploitation of land outside the road safety corridors must not affect the road traffic activities and safety and comply with the following regulations:

1. Lime kilns, metal foundries, brick kilns, glass kilns and pottery kilns must be at least 25 m (twenty five meters) away from the foot of the road base;

2. Market places and business and service spots must be located outside the road safety corridors and all activities therein must not affect the road traffic safety;

3. Explosive, poison and inflammables depots and mines exploited by blasting must, apart from being located outside the road safety corridors, be away therefrom at a safe distance according to current law provisions;

4. Other works outside the road safety corridors but affecting the road traffic activities and safety must be promptly repaired.

Chapter VI

RESPONSIBILITIES TO MANAGE AND PROTECT ROAD TRAFFIC INFRASTRUCTURES

Article 31.- Organization of, and decentralization of responsibilities for, road management are prescribed as follows:

1. The Transport Ministry shall perform the uniform State management over roads nationwide, and be responsible for organizing the management of construction and maintenance of the national highway system.

Vietnam Road Administration is assigned by the Transport Ministry the tasks of directly managing, maintaining and exploiting the national highway system; providing the localities throughout the countries with professional instructions on road management, maintenance and exploitation.

2. The provincial-level People’s Committees shall manage the systems of provincial roads and urban roads within their respective localities.

The provincial/municipal Transport Services or Traffic and Public Work Services shall be assigned by the provincial-level People’s Committees the tasks of directly managing, maintaining and exploiting the systems of provincial roads.

The provincial/municipal Traffic and Public Work Services or Construction Services shall be assigned by the provincial-level People’s Committees the tasks of directly managing, maintaining and exploiting the systems of urban roads.

3. The district-level and commune-level People’s Committees shall manage, maintain and exploit the systems of district roads and commune roads according to regulations of the provincial-level People’s Committees.

4. Agencies, organizations and individuals having exclusive roads shall have to manage, maintain and exploit their exclusive roads under guidance of the specialized agencies in charge of roads.

5. Domestic as well as foreign organizations and individuals that invest in road construction in form of build – operate – transfer (BOT) contracts shall organize by themselves the road management, maintenance and exploitation according to Vietnamese law provisions.

Article 32.- The Transport Ministry has the responsibilities:

1. To submit to the Government for promulgation or promulgate according to its competence legal documents on management and protection of road traffic infrastructures; and guide the implementation of such documents;

2. To direct and organize the training and fostering of personnel in charge of management and protection of road works nationwide;

3. To organize the apparatus for management and maintenance of roads managed by the central government; and guide the provincial-level People’s Committees to organize the apparatuses for management and maintenance of roads under their management;

4. To examine and inspect the implementation of law provisions on management and protection of road traffic infrastructures.

5. To organize, direct and supervise activities of the road traffic inspection force throughout the country;

6. To work out plans on the prevention, combat and overcoming of damage caused to road works by natural disasters or enemy sabotage, and organize and inspect the implementation thereof;

7. To coordinate with the provincial-level People’s Committees and the concerned ministries and branches in propagating, disseminating, educating and implementing law provisions on the management and protection of road traffic infrastructures;

8. To coordinate with the Finance Ministry in balancing funds for implementation of the plans on road maintenance, clearance of road safety corridors, prevention, combat and overcoming of consequences caused by natural disasters or enemy sabotage to the national highway system;

9. To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, formulating the national traffic safety program, then submitting it to the Government;

10. To settle disputes, complaints and denunciations related to the management and protection of road traffic infrastructures according to law provisions.

Article 33.- The Public Security Ministry has the responsibilities:

1. To direct and guide the public security forces to inspect and handle violations of legislation on the protection of road traffic infrastructures according to their prescribed competence.

2. To coordinate with the Transport Ministry and the provincial-level People’s Committees in performing the function of State management over the protection of road traffic infrastructures;

3. To assume the prime responsibility for, and coordinate with the Transport Ministry in, drawing up the list of important road works and plans for the protection thereof, then submitting them to the Prime Minister for approval.

Article 34.- The Defense Ministry shall have to assume the prime responsibility for, and coordinate with the Transport Ministry in, organizing the protection of defense works in combination with the construction of road works.

Article 35.- The Planning and Investment Ministry, when evaluating planning projects, shall have to ensure that such projects comply with the regulations on management and protection of road traffic infrastructures.

Article 36.- The Construction Ministry shall have to direct and guide the formulation and management of construction plannings according to its competence; guide the management of construction outside the road safety corridors; coordinate with the Transport Ministry and the provincial-level People’s Committees in directing and guiding the formulation and implementation of urban traffic infrastructure plannings.

Article 37.- The Ministry of Agriculture and Rural Development shall have to direct and guide the planning and construction of the system of irrigation works related to road works; coordinate with the Transport Ministry in directing and guiding the use of land of road safety corridors for cultivation purpose, thus ensuring the technical requirements and traffic safety.

Article 38.- The Trade Ministry shall have to direct and guide the planning and construction of the system of gas stations and other services along roads.

Article 39.- The Finance Ministry has the responsibilities:

1. To assume the prime responsibility for, and coordinate with the Transport Ministry and the provincial-level People’s Committees in, estimating and implementing the funding for road management and maintenance and road traffic infrastructure protection, including funding for clearance of road safety corridors, being allocated or originating from the State budget, according to the provisions of the State Budget Law.

2. To inspect the use of the State budget allocations for road management and maintenance and road traffic infrastructure protection, ensuring that such allocations are used for the right purposes.

Article 40.- The Ministry of Natural Resources and Environment shall have to assume the prime responsibility for, and coordinate with the provincial/municipal People’s Committees and the Transport Ministry in, guiding the surveys, measurement, classification and use of land of road safety corridors according to law provisions.

Article 41.- The ministries, the ministerial-level agencies, the Government-attached agencies, the provincial/municipal People’s Committees, when planning the construction, renovation or upgrading of works, which affects the safety of road works, must obtain written consents of the Transport Ministry.

Article 42.- The provincial-level People’s Committees have the responsibilities:

1. To guide and organize the implementation of the regulations on protection of road traffic infrastructures in their respective localities in compliance with the legal documents of the State and the Transport Ministry.

2. To organize apparatuses for management and maintenance of their local roads;

3. To organize, direct and inspect the provincial/municipal Transport Services (the Traffic and Public Work Services) in the following domains:

a/ Activities of the provincial traffic inspection force under the guidance of the Transport Ministry;

b/ The granting and withdrawal of construction permits, the suspension of activities which cause unsafety to traffic as well as to road works within the local road traffic infrastructure protection limits.

4. To direct, guide and inspect the district-level People’s Committees in the following domains:

a/ The protection of road works in their respective provinces;

b/ The management and use of land inside and outside the road safety corridors, especially the land assignment and the granting of permits for construction along roads;

c/ To clear works infringing upon the protected road traffic infrastructures within districts;

5. To mobilize all forces, supplies and equipment for the prompt restoration of traffic disrupted by national calamities and/or enemy sabotages;

6. To organize and direct the propagation, dissemination and education of the legislation on road traffic infrastructure protection within their respective localities;

7. To plan and direct the application of measures to preclude, prevent, handle violations and clear road safety corridors within their respective localities;

8. To settle disputes, complaints and denunciations related to the protection of the road traffic infrastructures in their respective localities according to law provisions.

Article 43.- The district-level People’s Committees have the responsibilities:

1. To manage and maintain the road systems within their localities;

2. To organize the propagation, dissemination and education among the population of the regulations on land areas reserved for roads, and protection of road traffic infrastructures;

3. To manage and use land inside and outside the road safety corridors according to law provisions; promptly handle cases of illegally encroaching upon, appropriating or using land of road safety corridors;

4. To coordinate with the road managing units and concerned forces in applying measures to protect road works;

5. To organize the application of measures to protect road safety corridors, fight illegal encroachment, compel the dismantlement of illegally constructed works for clearance of road safety corridors.

6. To mobilize all forces, supplies and equipment for protection of works or prompt restoration of traffic disrupted by natural calamities or enemy sabotages;

7. To grant and withdraw permits for construction on roads according to the responsibility decentralization;

8. To settle disputes, complaints and denunciations related to the protection of road traffic infrastructures in their respective districts according to law provisions.

Article 44.- The commune-level People’s Committees have the responsibilities:

1. To manage and maintain the roads in their localities assigned to their management;

2. To organize the propagation, dissemination and education among the population of the regulations on land areas reserved for roads, and protection of road traffic infrastructures;

3. To coordinate with the units directly managing road works and concerned forces in applying measures to protect road works, including the preservation of road boundary markers;

4. To manage the use of land inside and outside the road safety corridors according to law provisions; detect and promptly handle cases of illegally encroaching upon, appropriating or using road safety corridors;

5. To mobilize all forces, supplies and equipment for protection of works or prompt restoration of traffic disrupted by natural calamities or enemy sabotages;

6. To settle disputes, complaints and denunciations related to the protection of road traffic infrastructures in their respective localities according to law provisions.

Article 45.- The road management agency has the responsibilities:

1. To assume the prime responsibility for, and coordinate with the local People’s Committees in, organizing and conducting the implanting of road boundary markers determining land areas reserved for roads, and hand them over to the commune-level People’s Committees for management and protection.

2. To manage and maintain roads, covering activities of monitoring, checking, regularly maintaining, periodically or unexpectedly repairing damage of road works; maintaining the technical conditions of roads, ensuring uninterrupted traffic, safety and clearing capacity of roads.

3. To inspect, examine, detect and handle violations of law provisions on protection of road traffic infrastructures according to its competence.

4. To promptly report and request local competent agencies to handle cases of illegally encroaching upon, appropriating and using the road safety corridors.

Article 46.- The police force, the military police force, the Traffic Inspectorate and the law enforcement agencies in localities shall, within the ambit of their tasks and powers, have to conduct and coordinate with the road management units in the protection of road traffic infrastructures.

Chapter VII

COMMENDATION, REWARD AND VIOLATION HANDLING

Article 47.-

1. Organizations and individuals shall be commended and/or rewarded according to the State’s regulations when recording the following achievements:

a/ Splendidly fulfilling the tasks of managing and protecting the road traffic infrastructures;

b/ Contributing labor, efforts and/or properties to the protection of the road traffic infrastructures;

c/ Detecting, denouncing and preventing acts of infringing upon or sabotaging road works, encroaching upon, appropriating or illegally using road safety corridors.

2. Organizations and individuals that violate the regulations on protection of road traffic infrastructures shall, depending on the nature and seriousness of their violations, be administratively sanctioned according to the provisions of the Government’s Decree No. 15/2003/ND-CP of February 19, 2003 on the sanctioning of administrative violations in road traffic.

Article 48.- Determination of deadlines and principles for handling works existing within the road safety corridors is prescribed as follows:

1. Determination of deadlines:

a/ Before December 21, 1982;

b/ Between December 21, 1982 and before January 1, 2000;

c/ Between January 1, 2000 and before the effective date of this Decree.

2. Handling principles:

a/ Works causing dangers to the stability of road works and safety of road transport activities must be immediately dismantled;

b/ Works which are considered not directly affecting the stability of road works and road traffic safety shall, for the immediate future, be permitted to exist in status quo, provided that their owners commit not to expand and develop them, and to dismantle them when so requested by competent State management agencies.

c/ The compensations or supports for works’ owners to dismantle their works by themselves shall comply with law provisions.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 49.- This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 172/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on Protection of Traffic Works with regard to road traffic works and Decree No. 167/1999/ND-CP of November 26, 1999 on organization of road management. All previous stipulations contrary to this Decree are hereby annulled.

Article 50.- The Transport Minister shall have to guide the implementation of this Decree.

Article 51.- The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and 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

 

 

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