Chương 6 Nghị định 11/2010/NĐ-CP: Sử dụng , khai thác trong phạm vi đất dành cho đường bộ

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.