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.
Tìm kiếm
Nghị định 11/2010/NĐ-CP (Bản Word)
