Chương 7 Nghị định 11/2010/NĐ-CP: Trách nhiệm quản lý và bảo vệ kết cấu hạ tầng giao thông đường bộ

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.