Chương 3 Nghị định 11/2010/NĐ-CP: Quy định kết cấu hạ tầng và tiêu chuẩn kỹ thuật đường bộ

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.