Thông tư 48/2023/TT-BGTVT sửa đổi Thông tư 90/2014/TT-BGTVT hướng dẫn nội dung về quản lý, khai thác và bảo trì công trình đường cao tốc do Bộ trưởng Bộ Giao thông Vận tải ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 90/2014/TT-BGTVT DATED DECEMBER 31, 2014 OF THE MINISTER OF TRANSPORT PROVIDING GUIDANCE ON MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY FACILITIES

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Decree No. 32/2014/ND-CP dated April 22, 2014 on management, operation and maintenance of expressway facilities;

Pursuant to the Decree No. 25/2023/ND-CP dated May 19, 2023 on amendments to some Articles of the Government’s Decree No. 32/2014/ND-CP dated April 22, 2014 on management, operation and maintenance of expressway facilities;

Pursuant to the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure;

Pursuant to the Government’s Decree No. 100/2013/ND-CP dated September 03, 2013 on amendments to some Articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure;

Pursuant to the Government’s Decree No. 117/2021/ND-CP dated December 22, 2021 on amendments to some Articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of Director General of Department of Transport Infrastructure and Director General of Directorate for Roads of Vietnam;

The Minister of Transport hereby promulgates a Circular on amendments to some Articles of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport providing guidance on management, operation and maintenance of expressway facilities.

Article 1. Amendments to some Articles of the Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport providing guidance on management, operation and maintenance of expressway facilities (hereinafter referred to as “Circular No. 90/2014/TT-BGTVT”); Circular No. 45/2018/TT-BGTVT dated August 13, 2018 of the Minister of Transport on amendments to some Articles of the Circular No. 90/2014/TT-BGTVT dated December 31, 2014 providing guidance on management, operation and maintenance of expressway facilities (hereinafter referred to as “Circular No. 45/2018/TT-BGTVT”); Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport on amendments to some Articles of Circulars related to management, operation, use, maintenance and protection of roads (hereinafter referred to as “Circular No. 06/2023/TT-BGTVT”)

1. Clause 1 of Article 3 is amended as follows:

“1. When put into operation and use, expressway facilities shall be managed, operated, used and maintained in accordance with regulations set out in the Law on Road Traffic, Government’s Decree No. 32/2014/ND-CP dated April 22, 2014 on management, operation and maintenance of expressway facilities (hereinafter referred to as “Decree No. 32/2014/ND-CP”) amended by the Government's Decree No. 25/2023/ND-CP dated May 19, 2023 (hereinafter referred to as “Decree No. 25/2023/ND-CP”); Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure (hereinafter referred to as “Decree No. 11/2010/ND-CP”) amended by the Government's Decree No. 100/2013/ND-CP dated September 03, 2013 on amendments to some Articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure (hereinafter referred to as “Decree No. 100/2013/ND-CP”), Government’s Decree No. 117/2021/ND-CP dated December 22, 2021 on amendments to some Articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure (hereinafter referred to as “Decree No. 117/2021/ND-CP”), relevant legislative documents and regulations set out in this Circular.”.

2. Article 9a is added after Article as follows:

 “Article 9a. Contents of plan for traffic management on expressway in the phase of construction

1. For an expressway in the phase of construction which has been constructed according to the approved expressway planning, the traffic management plan must:

a) Conform to the National technical regulation on traffic signs and signals; and

b) Conform to the Expressway - Design and Traffic Management standard in the Phase of Construction, other related standards and technical regulations approved by competent authorities.

2. The plan for traffic management on an expressway in the phase of construction includes the following contents:

a) Speed and loads on the expressway;

b) Types of vehicles allowed or not allowed to operate on the expressway;

c) Traffic divergence; sections and locations where overtaking is allowed on the expressway;

d) Traffic management at intersections; locations of roadblocks intended for instructing and handling persons and vehicles not allowed on the expressway;

dd) Traffic management in areas with road tunnel and other special cases;

e) Measures to ensure traffic safety when emergency stopping is needed on the expressway;

g) Measures to handle traffic incidents and accidents on the road, traffic management upon handling of traffic incidents and construction incidents;

h) Locations where making a u-turn is allowed to serve rescue, fire fighting and prevention, maintenance, performance of national defense or security-related tasks, natural disaster management and recovery and other force majeure events; measures to ensure traffic safety upon closing and opening points for u-turn making;

i) Use of equipment and system of equipment serving traffic management, collection, storage, provision, exploitation and use of information relating to traffic management, handling of accidents and incidents on the expressway;

k) Locations of temporary signs, traffic instructions in areas where traffic incidents occur; areas where maintenance work is carried out;

l) Stopping, parking and traffic safety measures;

m) Other necessary tasks.

3. Every project owner or investor in an expressway in the phase of construction shall rely on the scale of the project, regulations of the Law on Road Traffic, regulations set forth in clause 1 of this Article to formulate a traffic management plan appropriate to the scale of investment in the expressway and facilities in the phase of construction.”.

3. Clause 2 of Article 10 is amended as follows:

“2. Power to approve and adjust plans for traffic management on expressways

a) For expressways under management of the Ministry of Transport or expressways for which the public-private partnership project is the within the power of the Ministry of Transport, Directorate for Road of Vietnam and Vietnam Expressway Authority shall approve and adjust traffic management on expressways as decentralized and authorized.

b) For expressways managed and operated by enterprises affiliated to the Commission for the Management of State Capital at Enterprises, the Directorate for Road of Vietnam shall approve and adjust traffic management plans.

c) Every authority assigned by the Ministry of Transport act as the owner of an expressway construction project shall report to the Ministry of Transport, which will request the provincial People’s Committee to approve the traffic management plan at the location connecting the road in which investment is made and the local expressway being operated.

d) Provincial People’s Committees shall approve and adjust plans for traffic management on expressways under their management.”.

4. Article 10a is added after Article 10 as follows:

 “Article 10a. Determination of costs of formulating plan for traffic management on expressway

1. The cost of formulating a plan for traffic management on an expressway in the early phase of expressway construction is included in the engineering design consulting cost.

2. The cost of formulating a plan for traffic management on an expressway in the phase of operation shall be determined as follows:

a) For the tasks of adjusting and diverging traffic routes on the expressway, other related routes and other cases not covered by clause 1 and point b clause 2 of this Article, a cost estimate shall be made using the method of determining the consulting cost estimate in the Appendix VI promulgated together with the Circular No. 11/2021/TT-BXD dated August 31, 2021 of the Minister of Construction;

b) The cost of formulating a plan for traffic management on an expressway in service of the construction and repair of an expressway facility is included in the engineering design and repair consulting cost.”.

5. Article 12 is amended as follows:

“Article 12. Organizing management and protection of expressway infrastructure

1. Responsibilities of the expressway management agency:

a) Implement regulations on management and protection of expressways as prescribed in the Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP, Decree No. 117/2021/ND-CP and relevant regulations of law; perform the tasks of inundation and storm management and recovery in accordance with this Circular and relevant regulations of law;

b) Inspect and supervise the implementation of applicable regulations by persons managing the use of expressways, units operating and maintaining expressway facilities.

2. Responsibilities of persons managing the use of expressways

a) Fulfill the responsibilities mentioned in clause 3 Article 10 of the Decree No. 32/2014/ND-CP (amended by the Decree No. 25/2023/ND-CP);

b) Fulfill the same responsibilities as those assumed by the expressway management agency prescribed in point a clause 1 of this Article for expressways under their management. At the same time, report results of management and operation to the expressway management agency as prescribed.

3. Responsibilities of operation and maintenance units

a) Organize patrols of expressways, inspection and protection of expressway infrastructure;

b) Perform other tasks of management and protection of expressways as per the Law on Road Traffic, Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP, Decree No. 117/2021/ND-CP and other relevant regulations of law;

c) Perform the tasks of management and protection of expressways under related standards and technical regulations, and contracts with persons managing the use of expressways;

d) Perform the task of inundation and storm management and recovery as prescribed.”.

6. Point c clause 2 of Article 26 is amended as follows:

“c) Persons managing the use of expressways shall approve traffic safety plans upon maintaining facilities under their management.”.

7. Clauses 2, 3 and 4 of Article 27 are amended as follows:

a) Clause 2 of Article 27 is amended as follows:

“2. Responsibilities of the expressway management agency:

a) Inspect and supervise the implementation of traffic safety measures in the course of carrying out maintenance work and the compliance with regulations specified in the permit to carry out construction on expressways under its management;

b) Suspend or terminate construction when discovering any act of violating traffic safety regulations, failing to fully implement traffic safety measures as prescribed; request persons managing the use of expressways to suspend or terminate the construction of facilities of which the maintenance falls within their jurisdiction;

c) Cooperate with competent forces in organizing the implementation of traffic safety plans.”.

b) Clause 3 of Article 27 is amended as follows:

“3. Responsibilities of persons managing the use of expressways

a) Inspect and supervise the performance of the task of traffic safety assurance by operation and maintenance units and construction contractors on expressways under their management;

b) Cooperate with competent forces in organizing the implementation of traffic safety plans.”.

c) Clause 4 of Article 27 is amended as follows:

“4. Responsibilities of operation and maintenance units and construction contractors

a) Formulate traffic safety plans in the course of maintenance on expressways and submit them to the expressway management agency or persons managing the use of expressways for approval when carrying out construction within the scope of their management;

b) Adhere to approved traffic safety plans.”.

Article 2. Repeal of some points, clauses and Articles of Circular No. 90/2014/TT-BHTVT, Circular 45/2018/TT-BGTVT, Circular 06/2023/TT-BGTVT

1. Article 2; Article 5; Article 7; Article 15; Article 16; Article 17; Article 18; Article 19; clause 12 Article 9; point c clause 3 Article 10; clause 1 Article 27 of the Circular No. 90/2014/TT-BGTVT are repealed.

2. Clauses 1, 2, 3 and 4 Article 1 of the Circular No. 45/2018/TT-BGTVT are repealed.

3. Article 8 of the Circular No. 06/2023/TT-BGTVT is repealed.

Article 3. Implementation clause

1. This Circular comes into force from February 15, 2024.

2. For any route or section of the expressway in the phase of construction for which traffic management plan is approved before the effective date of this Circular, the approved traffic management plan shall continue to be implemented. In case of any revision to the traffic management plan, regulations of this Circular shall be complied with.

3. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors General, Directorate for Road of Vietnam, Director General of Vietnam Expressway Authority, Directors of Departments of Transport of provinces and central-affiliated cities, Director of Department of Transport and Construction of Lao Cai, heads of agencies and organizations and individuals concerned are responsible for the implementation of this Circular./.