Chương III Luật Giao thông đường bộ 2001: Kết cấu hạ tầng giao thông đường bộ

Chapter III

LAND ROAD TRAFFIC INFRASTRUCTURE

Article 37.- Land road traffic infrastructure and road classification

1. Land road traffic infrastructure includes road works, car terminals, car parks and land road safety corridors.

2. The land road network includes national highways, provincial roads, district roads, communal roads, thoroughfares and special-use roads.

3. Land roads are named or numbered and graded.

4. The Government shall stipulate the classification, naming or numbering of roads and the technical criteria of road grades.

Article 38.- Land road traffic infrastructure planning

1. The land road traffic infrastructure planning must be based on the strategies and plannings for socio-economic development, national defense, security and serve the people’s travel demands.

2. The urban road infrastructure planning constitutes an important part of the urban development planning and must be in line with the plannings on underground works and other urban technical infrastructure projects.

The land fund for construction of urban road traffic infrastructure must ensure appropriate proportions, meeting the requirement of long-term development of urban traffic.

3. The land road traffic infrastructure planning, after being approved, must be widely publicized to people for knowledge.

The Government shall prescribe the order and procedures for elaboration, approval and publicization of the land road infrastructure planning.

Article 39.- Land areas reserved for roads

1. A land area reserved for a road shall include the land for such road and the road safety corridor.

2. Within the land areas reserved for roads, it is strictly forbidden to build other works, except for a number of essential projects which cannot be arranged outside such areas.

The road safety corridor land may be temporarily used and exploited but without affecting the road work safety and road traffic safety.

3. The Government shall specify the land areas reserved for roads, the use and exploitation of road safety corridor land as well as the construction of essential projects in the land areas reserved for roads.

Article 40.- Ensuring the technical requirements and traffic safety of road works

Newly built, upgraded or renovated road works must ensure the technical standards and conditions on traffic safety for all subjects participating in traffic, including disabled persons.

The road works must be expertised in terms of traffic safety right at the time of plan elaboration, designing and construction and throughout the exploitation process as provided for by law.

Article 41.- Road sign works

1. The road sign works include:

a) The traffic lights;

b) The road signs;

c) The marker posts, barricades or protection fences;

d) Road painted lines;

e) Milestones;

f) Other signs.

2. Before being put into exploitation, land roads must be fully furnished with road sign works according to the approved designs.

Article 42.- Project construction on roads being under exploitation

1. The construction of projects on land roads being under exploitation shall be carried out only after the competent State bodies issue permits therefor.

2. In the course of construction, the construction units shall have to arrange signals, provisional barricades and apply measures to ensure smooth and safe traffic.

3. The project construction on urban roads must comply with the provisions of Clauses 1 and 2 of this Article and the following regulations:

a) Road digging shall only be permitted for repairing works or building new technical cellars across roads but according to annual plans consulted in advance with the urban road management bodies, except for cases of unexpected incidents;

b) There must be construction plan and schedule suitable to the characteristics of each thoroughfare in order not to cause traffic congestion;

c) Upon the completion of construction, the road’s original state must be restored; for underground projects, the dossiers on completion of the construction thereof must be compiled and handed over to the urban road management bodies.

Article 43.- Road management and maintenance

1. Land roads put to exploitation must be managed and maintained with the following contents:

a) Monitoring the state of road works; organizing traffic; examining and inspecting the protection of land road traffic infrastructure;

b) Regular maintenance, periodical and unexpected repairs.

2. The responsibility to organize road management and maintenance is prescribed as follows:

a) The Ministry of Communications and Transport shall take charge of the national highway system;

b) The provincial-level People’s Committees shall take charge of the systems of provincial roads, urban roads. The management and maintenance of district and communal road systems shall be stipulated by the provincial-level People’s Committees;

c) Special-use roads and roads built with investment capital not from the State budget source shall be managed and maintained by investors.

Article 44.- Financial sources for road management and maintenance

1. The financial sources for road management and maintenance shall include:

a) State budget allocations;

b) Other revenue sources as prescribed by law.

2. The Government shall specify the management and use of financial sources for road management and maintenance.

Article 45.- Building crosscuts between roads and railroads

The construction of crosscuts between roads and railroads must be permitted by competent State bodies; be made according to designs which meet the technical criteria and traffic safety conditions and have been approved by competent State bodies.

Article 46.- Car terminals, parking lots, parks

1. Car terminal and car parking lots must be built according to plannings already approved and must satisfy the technical criteria prescribed by the Minister of Communications and Transport.

2. In urban areas, the construction of agencies’ offices, schools, hospitals, trade and/or cultural service centers and population quarters must include the construction of car parks suitable to the projects scales.

Article 47.- Protecting land road traffic infrastructures

1. The land road traffic infrastructure protection scope shall cover the land area reserved for road, the road safety corridor, the aerial space, the subterranean portions, the underwater sections related to project safety and land road traffic safety.

2. Agencies, organizations and individuals have the responsibility to protect land road traffic infrastructures; participate in the rescue of road works.

3. Those who discover that road works are damaged or infringed upon, safety corridors are grabbed and occupied must promptly report such to the local administrations, the road management bodies or the nearest police offices for handling; in case of necessity, they must apply measures to signal such to traffic participants.

4. Upon receiving reports, the responsible agencies shall have to quickly apply remedial measures to ensure smooth and safe traffic.