Nghị định 11/2010/NĐ-CP quy định về quản lý và bảo vệ kết cấu hạ tầng giao thông đường bộ

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 11/2010/ND-CP	Hanoi, February 24, 2010

 

DECREE

PRESCRIBING THE MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE FACILITIES

THE GOVERNMENT

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,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Road Traffic regarding management and protection of road infrastructure facilities, covering naming and numbering of roads; planning of road infrastructure facilities and technical standards; appraisal of traffic safety; protection of road infrastructure facilities; use and exploitation of land areas reserved for roads; and responsibilities for managing and protecting road infrastructure facilities.

Article 2. Subjects of application

This Decree applies to domestic and foreign agencies, organizations and individuals involved in managing and protecting road infrastructure facilities in Vietnamese territory.

Chapter II

NAMING OR NUMBERING OF ROADS

Article 3. Principles on naming or numbering of roads

1. Every road shall be given a name or number.

2. Newly built roads shall be named or numbered under this Decree, which aims to create favorable conditions for road users and road administration.

3. A national highway or an expressway must have its starting point and ending point located in the North-South or East-West direction or run from Hanoi capital or Ho Chi Minh City to the administrative centers of provinces and/or centrally run cities.

A provincial or district road must have its starting point and ending point identified in the directions like national highways or run from the administrative center of a province to the towns and/or townships or from a national highway to the administrative center of a province, district, town or township.

4. No change shall be made to roads with their names or numbers and starting points and ending points determined before the effective date of this Decree.

Article 4. Naming or numbering of roads

1. Naming or numbering of roads outside urban centers

a/ A road name consists of "duong" (Vietnamese for road) followed by the name given under Point a. Clause 1, Article 40 of the Law on Road Traffic;

b/ A road number consists of a road system's abbreviations followed by a dot and ordinal numbers;

Abbreviations of road systems are as follows: QL for quoc lo (national highway), CT for duong cao toe (expressway), DT for duong tinh (provincial road) and DH for duong huyen (district road).

The Ministry of Transport shall prescribe ordinal numbers for different localities to be included in numbers given to their provincial road systems.

In case of giving numbers to many expressways, national highways or provincial or district roads or roads in the same locality, each number shall be added with a letter from B to Z, except for that of the first road given that number.

c/ In case of division of a province, if an existing provincial road runs through two new provinces, or in case of consolidation of two or more provinces, if an existing provincial road runs through the new province, the name or number, starting point and ending point of that road shall be kept unchanged;

d/ A section of several roads overlapping shall be given a name or number as follows:

- If it belongs to the same road system, it shall be given a name or number of the road of the highest technical grade;

- If it belongs to different road systems, it shall be given a name or a number of the road of the road system with the highest management level.

e/ Names and numbers of roads of road networks classified under treaties must consist of both domestic names and numbers and those given under relevant treaties.

f/ The name of a commune road must consist of only the word "Duong" (road) followed by the place name or an appellation according to local practice.

2. Naming or numbering of urban roads

a/ The number of an urban road consists of abbreviations of the system of "duong do thi" (DDT) followed by a dot and ordinal numbers;

b/ Urban roads shall be named under the Government's Decree No. 91/2005/ND-CP of July 11, 2005, promulgating the Regulation on naming and renaming of roads, streets and public works.

In case an urban road overlaps a section of a national highway, both the urban road name and the national highway name and number shall be used.

Competence to name or number roads

a/ The Ministry of Transport shall give names or numbers to national highways.

b/ Provincial-level People's Committees shall give numbers to urban roads and provincial roads; give names or numbers to district roads;

Provincial-level People's Councils shall give names to urban roads and provincial roads at the request of People's Committees of the same level;

c/ District-level People's Committees shall give names to commune roads.

5. Agencies, organizations and individuals that give names and numbers of roads according to their respective competence shall announce these names and numbers in the mass media.

Chapter III

ROAD INFRASTRUCTURE PLANNING AND ROAD TECHNICAL STANDARDS

Article 5. Principles for road infrastructure planning

1. Compliance with socio-economic development orientations, transport planning and other relevant plannings.

2. Planning for at least 10 years and setting forth development orientations for at least 10 subsequent years.

3. A planned national highway or provincial road running through an urban center shall be built as a belt road outside the urban center, an overhead road or an underground road.

4. A road infrastructure plan for an urban center must assure a land fund specified in Article 8 of this Decree and cover access roads, flyovers and road tunnels in appropriate positions in order to assure traffic safety.

Article 6. Contents of a road infrastructure plan

1. Road infrastructure planning covers plan of networks of expressways, national highways, inter-regional, regional and provincial roads and planning of separate road works to meet management requirements of competent authorities.

2. Contents of a road infrastructure plan include:

a/ Analysis and assessment of present conditions:

b/ Role and position:

c/ Viewpoints and objectives;

d/ Forecast demands;

e/ Grounds for planning options:

f/ Land use needs;

g/ List of prioritized works and implementation schedule;

h/ Environmental impact assessment;

i/ Solutions, mechanisms and policies;

j/ Organization of implementation.

Article 7. Responsibilities to elaborate and approve road infrastructure plans

1. The Ministry of Transport shall:

a/ Elaborate plans on infrastructure of national highways, expressways and road networks connected to transport networks of other countries under agreements to which Vietnam is a contracting party, inter-regional and regional roads, and other plans as assigned, then submit them to the Prime Minister for approval under regulations;

b/ Give its written opinions on road infrastructure plans of provinces and centrally run cities;

c/ Approve road infrastructure plans according to its competence or as authorized by the Prime Minister;

d/ Inspect and oversee the implementation of road infrastructure plans throughout the country.

2. Provincial-level People's Committees shall base themselves on socio-economic development, defense and security strategies and plans and relevant transport plans to organize elaboration of local road infrastructure plans and obtain approval of the following agencies before submitting those plans to competent agencies for approval:

a/ Road infrastructure plans of urban centers of special grade shall be approved in writing by the Ministry of Construction and the Ministry of Transport;

b/ Road infrastructure plans of provinces and centrally run cities other than those specified at Point a of this Clause shall be approved in writing by the Ministry of Transport.

Article 8. Land funds reserved for road infrastructure facilities

1. Land funds for road infrastructure facilities means land areas reserved for building road works identified in road infrastructure plans. Provincial-level People's Committees shall determine and manage land areas for building road infrastructure facilities under approved planning.

2. For new urban centers of the following grades, the proportion of land for urban traffic to urban construction land must be as follows:

a/ Urban centers of special grade: 24-26%;

b/ Urban centers of grade I: 23-25%;

c/ Urban centers of grade II: 21-23%;

d/ Urban centers of grade III: 18-20%;

e/ Urban centers of grade IV or V : 16-18%;

Land for urban traffic means land areas reserved for building urban traffic infrastructure facilities, excluding rivers, lakes, ponds and underground transport works.

Article 9. Technical grades of roads

1. Technical grades of roads means designed grades of roads, including expressways and roads of grades I thru VI.

2. Technical grade of a road shall be determined on the basis of its function in a transport network and its topography and designed traffic flow.

Article 10. Application of technical standards

1. Roads currently in use but not yet up to any technical grade must be renovated and upgraded to reach technical standards of an appropriate grade.

2. Newly built roads must be up to technical standards of its grade and satisfy relevant regulations on traffic organization and safe exploitation of road works.

3. Forestry roads, mining roads and other special-use roads are subject to national standards on roads and specific standards of relevant sectors.

4. In case of application of foreign road technical standards, approval of the Ministry of Transport is required.

Chapter IV

TRAFFIC SAFETY APPRAISAL

Article 11. General provisions on traffic safety appraisal

1. Competence to decide on and organize traffic safety appraisal

a/ For roads under construction, upgrading or renovation

Persons competent to decide on investment in road projects shall conduct traffic safety appraisal. Investors shall decide to select a project phase subject to traffic safety appraisal and organize traffic safety appraisal. For projects implemented under build-operate-transfer (BOT). build-transfer (BT) or build-transfer-operate (BTO) contracts, the competence to decide on traffic safety appraisal is specified at Point b of this Clause.

b/ For roads currently in use

The Ministry of Transport shall decide on and organize traffic safety appraisal for national highways and expressways;

Provincial-level People's Committees shall decide on and organize traffic safety appraisal for urban roads, provincial roads and district roads.

2. Traffic safety appraisal conducted by competent agencies specified in Clause I of this Article shall be based on traffic safety inspection reports of traffic safety inspection consultants.

3. Organizations and individuals implementing projects not funded by state capital or having special-use roads shall organize traffic safety appraisal under this Decree. Their traffic safety appraisal reports must be approved by competent state agencies specified in Clause 1 of this Article.

4. Traffic safety inspection shall be conducted by capable organizations specified in Article 12 of this Decree. Traffic safety inspection organizations must be those operating independently from design consultancy organizations which have made project dossiers and work designs.

5. Traffic safety inspection organizations shall examine project dossiers and work designs, inspect construction sites to uncover possible risks of traffic accident, and make inspection reports to propose or recommend remedial measures.

6. Design consultants shall respond to proposals and recommendations made in traffic safety inspection reports already appraised under Clause 2 of this Article for adjustment of project dossiers and designs. If disagreeing with traffic safety inspection organizations, they shall report to investors for consideration and decision.

For roads currently in use. road administration agencies shall respond to proposals and recommendations made in traffic safety inspection reports already appraised under Clause 2 of this Article and work out repair or remedy plans. If disagreeing with traffic safety inspection reports, they shall submit those reports to competent agencies specified at Point b. Clause 1 of this Article for consideration and decision.

7. Traffic safety inspection expenses and appraisal fee shall be included into work construction total investment and cost estimates, for roads under construction, upgrading or renovation; or used as a financial source for road administration and maintenance, for roads currently in use.

8. Traffic safety inspection expenses and appraisal fee

a/ The Ministry of Transport shall prescribe traffic safety inspection expenses for roads under construction, upgrading or renovation;

b/ The Ministry of Transport shall assume the prime responsibility for. and coordinate with the Ministry of Finance in. prescribing traffic safety inspection expenses for roads currently in use;

c/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in. prescribing the traffic safety appraisal fee.

9. The Ministry of Transport shall specify traffic safety appraisal and inspection in each period and contents of training programs on traffic safety inspection, and organize training courses and issue traffic safety inspector certificates.

Article 12. Conditions on traffic safety inspection organizations and individuals

1. A traffic safety inspection organization must fully satisfy the following conditions:

a/ For group-A and group-B projects, a traffic safety inspection organization must have at least 10 employees, including at least 4 road engineers, 1 road transport engineer and 1 person qualified for acting as traffic safety chief inspector;

b/ For group-C projects, a traffic safety inspection organization must have at least 5 employees, including at least 1 road engineer, 1 road transport engineer and 1 person qualified for acting as traffic safety chief inspector.

2. Traffic safety inspection individual (referred to as inspector) must satisfy the following conditions:

a/ Possessing a university degree or postgraduate degree in road traffic (road, bridge, traffic and public works, road transport) and having worked as a road work designer for at least 3 years, or possessing a postgraduate degree and having been engaged in road traffic administration for at least 5 years, and taken part in designing or directly handled traffic safety of, at least 3 works;

b/ Having a traffic safety inspector certificate issued by a competent state agency.

3. Apart from the conditions specified in Clause 2 of this Article, an individual acting as traffic safety chief inspector must also satisfy any of the following conditions:

a/ Possessing a university degree or postgraduate degree in road traffic and having worked as a road work designer for at least 10 years;

b/ Possessing a university degree or postgraduate degree and having been engaged in road traffic administration for at least 12 years and taken part in designing or directly handled traffic safety of, at least 3 works;

c/ Having acted as project chief designer for at least 3 projects on road works of a grade equivalent to the grade of works subject to traffic safety inspection (work grades comply with the construction law).

Article 13. Stages of traffic safety appraisal

1. For roads under construction, upgrading or renovation

a/ Traffic safety appraisal is compulsory in the stage of technical design or construction drawing design;

b/ Apart from the provisions of Point a. Clause 1 of this Article, persons with investment-deciding competence may select traffic safety appraisal to be conducted in either of the following stages:

- Formulation of investment projects on work construction or elaboration of econo-technical reports on work construction;

- Before roads are put into use.

2. For roads currently in use, traffic safety appraisal must be conducted upon the occurrence of any of the following:

a/ Traffic accidents on a road surge in number after it is upgraded or renovated;

b/ The actual traffic flow increases over 30% compared to the level designed in the computing period;

c/ The urbanization rate increases over 20% compared to that at the time of putting the road into use.

Chapter V

PROTECTION OF ROAD TRAFFIC INFRASTRUCTURE FACILITIES

Article 14. Scope of land areas reserved for roads

1. The scope of land areas reserved for a road covers road land and road safety corridor land.

2. Road land means land areas on which road works are constructed and 2 land strips along both sides of roads for administration, maintenance and protection (below referred to as land strips for road protection and maintenance).

Land strips for road protection and maintenance shall be used for storing supplies to be used for road maintenance, moving or installing maintenance equipment, sweeping rubbish from road surface, and guarding against harms to road works.

The width of land strips for road protection and maintenance shall be determined based on the road grade and measured from the outer edge of the road base (the foot of embanked road taluses or the outer edge of longitudinal trenches in undug or unembanked locations or the top edge of dug road taluses) to both sides, which is:

a/ 3 meters for expressways and grade-I and grade-II roads;

b/ 2 meters for grade-Ill roads;

c/ 1 meter for roads of grade IV or lower grades.

3. For road works under construction, upgrading or renovation, investors shall determine boundaries of land areas reserved for roads and carry out procedures for requesting competent authorities to recover these land areas and pay compensations for current users under the land law.

4. For road works currently in use, road administration agencies shall coordinate with local land administration agencies in determining boundaries of land areas reserved for roads and working out plans to recover land from current users for management under regulations, prioritizing the recovery of land areas for roads of grade III or higher grades.

Article 15. Road safety corridor limits

The road safety corridor means land strips along both sides of road land used for assuring traffic safety and protecting road works. Road safety corridor limits are prescribed as follows:

1. For roads outside urban centers: Depending on their planned technical grades, the width of a road safety corridor measuring from the road land to both sides is:

a/ 47 meters for expressways;

b/ 17 meters for grade-I and grade-II roads;

c/ 13 meters for grade-Ill roads;

d/ 9 meters for grade-IV and grade-V roads;

e/ 4 meters for under grade-V roads.

2. For urban roads: The road safety corridor width shall be measured from the road edge to the road construction marking line under the planning approved by competent authorities. For an urban expressway, the width of its safety corridor is 40 meters.

3. For roads with safety corridors overlapping those of railways, the safety corridors of such roads and railways shall be demarcated on the principle that railway safety corridors will be prioritized, provided that they must not overlap road works.

In case a road and a railway are adjacent and share a longitudinal trench, the boundary between their safety corridors is the bottom edge of the trench on the higher roadside. If the heights of the two corridors are equal, the boundary between the safety corridors is the bottom edge of the trench on the railway side.

4. For roads with safety corridors overlapping protection corridors of inland waterways, the boundary of these corridors is the edge of the natural bank.

Article 16. Safety corridor limits for bridges and sluices

1. Safety corridors for bridges on roads outside urban centers

a/ In the direction of the length of the bridge, the safety corridor width measuring from the bridge abutment's end outward each side is:

- 50 meters for bridges with a length of 60 m or over;

- 30 meters for bridges with a length of under 60 m.

b/ In the direction of the width of the bridge, the corridor width measuring from the outer edge of the road land outward each side is:

- 150 meters for bridges with a length of over 300 m;

- 100 meters for bridges with a length of between 60 m and 300 m;

- 50 meters for bridges with a length of between 20 m and under 60 m;

- 20 meters for bridges with a length of under 20 m.

2. Safety corridors for bridges on urban roads

a/ In the direction of the length of the bridge, it is the same as prescribed for bridges on roads outside urban centers.

b/ In the direction of the width of the bridge, for bridge sections over land, including those over infrequently submerged land areas, the corridor width measuring from the outer edge of the road land outward each side is 7 meters. Other bridge sections comply with provisions of Point b, Clause 1 of this Article;

c/ At urban traffic junctions, flyovers, road tunnels and footbridges shall be built according to designs approved by competent authorities.

3. Safety corridors for sluices correspond to safety corridors of roads where sluices are located.

Article 17. Safety corridor limits for road tunnels

1. For a road tunnel outside urban centers, its safety corridor limit is the land and water area surrounding the tunnel within 100 meters measuring from the outermost point of the tunnel.

2. For an urban road tunnel, its safety corridor limit shall be determined by design consultants in the design dossier approved by a competent authority to assure the safety and solidity of the tunnel.

Article 18. Safety corridor limits for ferry landings and pontoon bridges

1. In the direction of the length of the ferry landing or pontoon bridge: The safety corridor width is equal to the length of the slope leading to the ferry landing or pontoon bridge

2. In the direction of the width of the ferry landing or pontoon bridge: 150 meters from the middle of the ferry landing or pontoon bridge to both side downstream and upstream.

Article 19. Safety corridor limits for road protection embankments

1. For anti-erosion embankments to protect road bases

a/ They are 50 meters from both ends of the embankment to the upper reach and lower reach;

b/ They are 20 meters from the foot of the embankment toward the river.

2. For water current-regulating embankments:

a/ They are 100 meters to the upper reach and lower reach from the embankment fool;

b/ They are 50 meters from the embankment foot to the bank;

c/ They are 20 meters from the embankment foot to the river.

3. In case the safety corridor of a road protection embankment specified in Clause 1 or 2 of this Article overlaps that of a dike, the boundary between the two corridors is the midpoint of the distance between two outermost points of the two works.

Article 20. Protection scopes of other works on roads

Protection scopes of car terminals, parking lots, traffic control stations, car-weighing stations, road and bridge toll booths, stopovers and road administration works are the land and water areas within the areas of these works, which are stated by competent state agencies in their land use right certificates and house and land-attached asset ownership certificates.

Article 21. Overhead protection clearance for newly built road works

The road safety clearance for overhead sections is prescribed as follows:

1. For a road, it is 4.75 meters measuring from the highest point of the road surface upward vertically. For an expressway, it complies with national standards.

2. For a bridge, it is the height of the highest structure of the bridge, but must not be lower than 4.75 meters from the highest point of the bridge floor surface (vehicle lane) upward vertically.

3. The height of a communications line hanging above a road must ensure the minimum vertical distance of 5.5 meters from the highest point of the road surface to such communication line.

4. The height of a power transmission line hanging above a road or directly attached to the structure of a bridge must ensure safety for transport activities and the safety of the power grid, depending on the voltage of the transmission line.

Article 22. Distances between road works and other works

1. Production establishments whose exhaust or dust emissions or air pollution impacts reduce visibility in affected areas must be located at a distance corresponding to these areas from the outer boundaries of road safety corridors.

2. Lime or brick kilns or similar production establishments must be located outside and at a distance of 25 meters from road safety corridors.

3. Markets and service places must have their parking lots or goods-storing places located outside road safety corridors and have junctions with roads under regulations.

4. Storehouses of explosives, highly flammable materials, toxic chemicals and mines where blasts are used must be located outside road safety corridors at a distance to prevent fire, explosion and pollution and assure safety for transport activities under law.

5. Urban centers, industrial parks, economic zones, residential areas, trade-service centers and other works, except for those specified in Clauses 1, 2, 3 and 4 of this Article, must be located outside road safety corridors at an appropriate distance under regulations on distances between architectural and construction works.

6. Investors or users of other works outside road safety corridors which affect road traffic and road traffic safety shall promptly take remedies or make repairs.

Article 23. Limit horizontal road safety distance

For telecommunications antenna poles, communication lines and power transmission lines, the limit distance measuring from the foot of embanked road taluses or the top edge of dug road taluses to the pole foot must be at least 1.3 times the poly height and must not be shorter than 5 meters. Other cases shall be prescribed by the Ministry of Transport.

Article 24. Limit road safety distance for underground or underwater sections

Limit road safety distance for underground or underwater sections of road works shall be decided by competent road administration agencies for each specific project, satisfying technical requirements, assuring traffic safety and work safety and causing no impact on road administration and maintenance.

Chapter VI

USE AND EXPLOITATION WITHIN LAND AREAS RESERVED FOR ROADS

Article 25. Use of roads for cultural activities

1. Agencies and organizations wishing to use roads for cultural activities (sports events, parades, festivals) shall send their written requests and plans on traffic safety assurance to competent road administration agencies at least 10 working days before these cultural activities take place. Such a written request must clearly indicate cultural activities and program to be organized and road use duration.

2. Competent road administration agencies shall approve in writing plans on traffic safety assurance according to the following decentralization of powers:

a/ The Vietnam Road Administration shall approve cultural activities to be organized on national highways or various road systems including national highways;

b/ Provincial-level Transport Departments shall approve cultural activities to be organized on provincial roads or urban roads in their provinces or on various road systems including provincial roads and urban roads, except cases specified at Point a of this Clause;

c/ Specialized agencies of district-level People's Committees shall approve cultural activities on district roads in their districts or cultural activities to be organized concurrently on both district roads and commune roads in their districts;

d/ Commune-level People's Committees shall approve cultural activities on commune roads in their localities.

3. Competent road administration agencies shall examine and approve in writing traffic safety assurance plans within 5 working days after receiving written requests. In case of necessity to limit or ban traffic on a road, a road administration agency shall issue a notice on traffic flow division plans; agencies and organizations wishing to use roads for cultural activities shall publish notices in the mass media 5 days before cultural activities take place.

4. Upon completion of cultural activities, agencies and organizations assuming the prime responsibility for these activities shall tidy up their equipment and devices and restore roads to their original state and be held responsible for their failure to take measures to assure traffic safety set forth in approved plans.

Article 26. Use of land reserved for roads 1. Land reserved for roads shall be reserved only for construction of road works, used and exploited for road traffic and transport safety purposes, except for a number of essential works which cannot be located outside land areas reserved to roads.

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

a/ Works to assure security and defense;

b/ Works subject to special technical requirements, which cannot be located outside land areas reserved for roads.

3. Projects on urban centers, industrial parks, economic zones, residential areas, trade-service centers and other works must be formulated according to approved planning and have their own systems of access roads outside land areas reserved for roads. Project investors shall build these access roads without using land areas reserved for auxiliary works and connecting roads. In case of necessity to use land reserved for roads for building connecting roads to national highways, connecting positions must be built as indicated in connection plans agreed upon between provincial-level People's Committees and the Ministry of Transport under Article 29 of this Decree.

4. It is prohibited to use land areas reserved for roads as residential land areas or for business or service purposes; for anchoring or mooring ships and boats or building works which might redirect water currents or cause erosion or washout of bridges, pontoon bridges, ferry landings, water current-regulating embankments and anti-road base washout embankments.

Article 27. Construction of essential works within land areas reserved for roads

1. Organizations and individuals building essential works within land areas reserved for roads shall comply with the following provisions:

a/ They shall formulate and approve projects and designs under the investment and construction laws.

b/ They shall obtain written consent of the following competent state management agencies upon formulation of investment projects, technical design dossiers or econo-technical reports before submitting them to competent authorities for approval:

- The Ministry of Transport, for essential works in the systems of national highways and expressways;

- Provincial-level People's Committees, for essential works in local road systems.

c/ They shall obtain traffic safety-assuring construction permits, issued by competent road administration agencies.

2. The Ministry of Transport shall specify the issuance of construction permits for essential works on or connections to national highways or expressways. Provincial-level People's Committees shall specify the issuance of construction permits for essential works on or connections to local roads.

Article 28. Land exploitation and use within land areas of road safety corridors

Land areas of road safety corridors may be temporarily used for agricultural or advertising purposes without affecting safety of road works and traffic in accordance with the following provisions:

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

It is prohibited to build ponds or lakes for aquaculture or reserve water on the taluses of the dug road base.

2. Food crops, vegetables, cash crops or fruit trees, which are allowed to be planted in embanked road base sections in road bends, crossroads, intersections with railways and in places with insufficient visibility, must not be over 0.9 meter in height (over the road surface). For dug roads, they must be planted at least 6 meters away from the outer edge of the road land strip.

3. Irrigation ditches must be away from the outer edge of the road land strip at a distance at least equal to their depth and their designed safe water level must not be higher than the road base foot.

4. Gas stations must be built outside road safety corridors under approved planning, and with written approval of the Ministry of Transport (for national highways and roads subject to separate management regulations) or provincial-level Peoples Committees (for provincial, district and urban roads) of locations and designs of gas station entry ways through the land of road safety corridors, including designs of junctions with existing roads, satisfying technical standards and safety requirements of road sections currently in use.

5. Billboards temporarily installed within road safety corridors must not affect traffic safety and must be approved by competent road administration agencies.

It is prohibited to install billboards within expressway safety corridors.

Billboards installed outside road safety corridors must not affect traffic safety.

6. Use of road safety corridors related to adjacent security or national defense works must be agreed by the Ministry of Public Security or the Ministry of Defense.

7. Works may be built on road safety corridor land only after competent road administration agencies issue construction permits and traffic safety is assured under regulations.

8. Investors of works involving land use or exploitation within the protection scope of road infrastructure facilities shall:

a/ Complete all procedures for agreeing on or approving designs (basic designs, technical designs or working drawing designs, depending on the size and characteristics of construction works, below referred to as designs), appraise designs (when necessary) and issue construction permits under this Decree and other relevant regulations;

b/ Undertake to remove or renovate their works according to schedule as required by competent road administration agencies;

c/ Refrain from claiming for compensations and bear total responsibility and related expenses.

9. Works on road safety corridor land that are built before regulations on administration of road safety corridors take effect and used for proper purposes indicated in land use right certificates or house or land-attached asset ownership certificates issued by competent agencies and do not affect traffic safety may be further used.

Upon receiving requests for recovery of land for upgrading or renovation of traffic works, upgrading or renovation investors shall pay compensations or provide supports for owners of dismantled works under law.

Article 29. Connection to national highways

1. Roads to be connected to national highways include:

a/ Provincial, district, commune and urban roads;

b/ Special-use roads;

c/ Access roads.

2. Branch roads must be connected to national highways through junctions under junction plans approved by provincial-level People's Committees, after obtaining written consent of the Ministry of Transport. Road administration state agencies in charge of under provincial-level People's Committees shall make statistics of connected roads and work out handling plans in line with approved junction plans.

Passageways from houses may only be connected to national highways through branch roads.

3. The minimum distance between two junctions on national highways shall be prescribed by the Minister of Transport.

4. The designing of junctions of branch roads and national highways must comply with national standards on motorways.

5. For junctions of branch roads and national highways which are under construction, upgrading, renovation or route redirection, or building of detour sections: Right in the stage of project formulation, project investors shall base themselves on socio-economic development master plans of localities through which projected roads will run to determine locations and sizes of junctions (interchanges or level junctions).

6. For junctions of branch roads and national highways currently in use: Provincial-level People's Committees shall base themselves on local socio-economic development needs and transport development plans to elaborate junction plans.

7. Owners of works and projects that are assigned by provincial-level People's Committees to use junctions under approved junction plans shall base themselves on current standards and design requirements of motorways to make and send dossiers of junction designs and plans on organization of traffic at junctions on national highways to competent agencies for consideration and approval.

Article 30. Construction of works on roads currently in use

1. Construction of works on roads currently in use or essential works within land areas reserved for roads must assure safe and uninterrupted traffic by people and vehicles, durability of road works currently in use, and environmental protection.

2. Construction of works on roads currently in use must comply with the Minister of Transport's regulations on traffic safety assurance.

Chapter VII

RESPONSIBILITIES TO MANAGE AND PROTECT ROAD INFRASTRUCTURE FACILITIES

Article 31. Responsibilities of the Ministry of Transport

1. To perform the unified state management of roads nationwide; to manage the construction and maintenance of the national highway system, roads partly used for international transport and expressways (including also national highways and expressways running through urban centers).

2. To submit to the Government for promulgation or promulgate according to its competence legal documents on management and protection of road infrastructure facilities, and guide the implementation thereof;

3. To direct and organize the training and retraining of personnel in charge of administration and protection of centrally managed road works; to guide provincial-level People's Committees in organizing refresher courses for their cadres engaged in administration and protection of locally managed road works.

4. To examine and inspect the implementation of legal provisions on administration and protection of road infrastructure facilities.

5. To organize, direct and supervise activities of the Road Inspectorate nationwide.

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

7. To coordinate with provincial-level People's Committees and concerned ministries and branches in propagating, disseminating, educating and implementing laws and regulations on administration and protection of road infrastructure facilities.

8. To coordinate with the Ministry of Finance in balancing funds for road administration and maintenance, clearance of road safety corridors, prevention, combat and overcoming of consequences of natural disasters and enemy sabotage against the national highway system.

9. To coordinate with the National Traffic Safety Committee and concerned ministries and branches in formulating the national traffic safety program, then submitting it to the Government.

Article 32. Responsibilities of the Ministry of Public Security

1. To direct and guide public security forces to inspect and handle violations of regulations on protection of road infrastructure facilities according to their competence.

2. To coordinate with the Ministry of Transport and provincial-level People's Committees in performing the state management of protection of road infrastructure facilities.

3. To coordinate with the Ministry of Transport in drawing up a list of important road works and plans for the protection thereof, then submit them to the Prime Minister for approval, and organize the implementation thereof.

Article 33. Responsibilities of the Ministry of National Defense

The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in. organizing the protection of national defense works in combination with road works.

Article 34. Responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development shall direct and guide the planning and construction of the system of irrigation works related to road works; guide the use of land within road safety corridors for cultivation purposes, ensuring road work technical requirements and safety.

Article 35. Responsibilities of the Ministry of Natural Resources and Environment

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with provincial-level People's Committees and the Ministry of Transport in. guiding the elaboration of plans on use of land reserved for roads and regulations on environmental protection against road traffic impacts.

Article 36. Responsibilities of the Ministry of Construction

The Ministry of Construction shall direct and guide the management of construction activities outside road safety corridors; and coordinate with the Ministry of Transport and provincial-level People's Committees in elaborating and implementing urban traffic infrastructure plans.

Article 37. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade shall direct and guide the planning and construction of the system of gas stations along national highways and roads subject to separate use regulations; and coordinate with the Ministry of Transport in determining locations of these gas stations' entry ways to national highways, assuring the minimum distance under regulations on connection of branch roads to national highways.

Article 38. Responsibilities of the Ministry of Finance

The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport and provincial-level People's Committees in, summing up and allocating funds for road administration and maintenance and road infrastructure protection, including funds for clearance of road safety corridors allocated from the state budget's non­business expenditure source or originate from the state budget.

Article 39. Responsibilities of ministries and ministerial-level agencies

Ministries and ministerial-level agencies shall appraise and approve plans on construction of works, industrial parks, urban centers, residential areas, trade-service centers and gas stations related to land areas reserved for roads in accordance with this Decree; and supervise the implementation of these plans and handle violations under regulations.

Article 40. Responsibilities of provincial-level People's Committees

1. To organize and guide the propaganda and dissemination of and education about the law on protection of road infrastructure facilities in their localities.

2. To guide and organize the implementation of regulations on protection of road infrastructure facilities in their localities.

3. To direct and inspect district-level People's Committees and provincial-level Transport Departments in taking measures to prevent, stop and handle violations and remove works encroaching upon road safety corridors in their localities.

4. To organize, direct and inspect provincial-level Transport Departments in:

a/ Operations of the Road Inspectorate;

b/ Issuance and revocation of construction permits, termination of activities affecting the safety of traffic and road works within local road infrastructure protection limits;

c/ Management of the implementation of road infrastructure plans; administration and maintenance of local road systems.

5. To direct, guide and inspect district-level People's Committees in:

a/ Protection of road works in their districts;

b/ Management of the use of land inside and outside road safety corridors, especially land allocation and issuance of permits for roadside construction;

c/ Clearance of works encroaching upon protected road infrastructure facilities within their districts.

6. To mobilize forces, supplies and equipment for the prompt restoration of traffic disrupted by national disasters or enemy sabotage.

7. To plan and direct the application of measures to prevent, stop and handle violations and clear road safety corridors in their localities.

8. To appraise and approve plans on construction of works, industrial parks, urban centers, residential areas, trade-service centers and gas stations related to land areas reserved for roads in accordance with this Decree; and supervise the implementation of these plans and handle violations under regulations.

9. To settle disputes, complaints and denunciations related to the protection of road infrastructure facilities in their localities under law.

Article 41. Responsibilities of district-level People's Committees

1. To manage and maintain local road systems assigned to them for management.

2. To organize the propagation, dissemination and education among local people of regulations on land areas reserved for roads and protection of road infrastructure facilities.

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

4. To coordinate with road administration 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, and compel the dismantlement of illegally built 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 disasters or enemy sabotage.

7. To settle disputes, complaints and denunciations related to the protection of road infrastructure facilities in their districts under law.

Article 42. Responsibilities of commune-level People's Committees

1. To manage and maintain local roads assigned to them for management.

2. To organize the propagation, dissemination and education among local people of regulations on land areas reserved for roads and protection of road infrastructure facilities.

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

4. To manage the use of land inside and outside road safety corridors under law; 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 disasters or enemy sabotage.

6. To settle disputes, complaints and denunciations related to the protection of road infrastructure facilities under their management according to law.

Article 43. Identification of periods of time for handling works existing within land areas reserved for roads

1. Before December 21, 1982: There was no regulation on works existing within land areas reserved for roads.

2. Between December 21, 1982, and before January 1, 2000, the effective period of Decree No. 203/HDBT of December 21, 1982, of the Council of Ministers, on the Regulation on road protection.

3. Between January 1, 2000, and before November 30, 2004, the effective period of the Governments Decree No.l72/1999/ND-CP of December 7, 1999, detailing the Ordinance on Protection of Traffic Works regarding road traffice works.

4. Between November 30. 2004, and before the effective date of this Decree: the effective period of the Government's Decree No. 186/2004/ND-CP of November 5, 2004, on manage­ment and protection of road infrastructure facilities.

Article 44. Handling of works existing within land areas reserved for roads

1. Works endangering the stability of road works and safety of road transport activities must be immediately dismantled.

2. 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 their original state, provided that their owners commit not to expand and develop them, and to dismantle them when so requested by competent state management agencies.

3. Compensations or supports for owners of dismantled works shall be paid or provided under law.

Article 45. Coordinated protection of road infrastructure facilities

1. The Ministry of Transport shall promulgate legal documents guiding the use of land areas reserved for roads and protection of road infrastructure facilities, or assume the prime responsibility for, and coordinate with concerned ministries and branches in. doing so.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in. working out plans on examination and inspection of the protection of road infrastructure facilities in localities, and urging localities to handle violations and illegal construction of works within road safety corridors.

3. Ministries and branches shall, within their respective functions, tasks and responsibilities defined in the Law on Road Traffic and this Decree, protect road infrastructure facilities.

4. Provincial-level People's Committees shall direct district-level and commune-level People's Committees and provincial-level Transport Departments in working out plans on and coordinating with road administration units in protecting road infrastructure facilities; handling violations of regulations on use of road safety corridor land; directing specialized agencies in overseeing and summarizing the use of land areas reserved for roads and reporting it to the Ministry of Transport and the Vietnam Road Administration.

5. When planning or implementing projects related to road infrastructure facilities, ministries and branches shall obtain written consent of the Ministry of Transport right in the stage of project formulation, and direct and guide investors, designing and construction contractors in using land areas reserved for roads and assuring traffic safety during construction under the Law on Road Traffic and this Decree.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 46. Effect and implementation guidance

1. This Decree takes effect on April 15, 2010, and replaces the Government's Decree No. 186/2004/ND-CP of November 5, 2004, on management and protection of road infrastructure facilities.

2. The Minister of Transport shall guide the implementation of Articles 4, 11, 27, 28, 29 and 30, and guide other necessary provisions, of this Decree.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decree-On behalf of the Government

 

PRIME MINISTER Nguyen Tan Dung