Chương I Thông tư 90/2014/TT-BGTVT: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides guidance on management, operation and maintenance of highways.

2. This Circular applies to organizations, individuals relating to management, operation and maintenance of highways.

Article 2. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Highway management agency includes Directorate for Roads of Vietnam, professional agency affiliated to People’s committees of central-affiliated cities and provinces.

2. Organizations that invest in the construction, management, operation and maintenance of highway works (hereinafter referred to as the Investor) mean organizations, individuals that carry out activities of investment, construction, management, operation and maintenance of highway works.

3. Organizations that are assigned the tasks of operation and maintenance of highways (hereinafter referred to as the operation and maintenance organization) mean entities that are directly involved in operation and maintenance of highway works, bearing responsibilities, obligations and interests under a contract signed with the highway management agency or with the Investor.

4. Road patrol means activities of daily patrol and inspection to oversee the implementation of the plans of traffic organization, traffic safety and protection of infrastructure of highways by the operation and maintenance organizations and individuals assigned the duties.

Article 3. Requirements for management, operation and maintenance of highways

1. Any highway works to be put into operation and use must be managed, operated and maintained according to the Law on Road Traffic, the Government’s Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation and maintenance of highways (hereinafter referred to as the Decree No. 32/2014/NĐ-CP), the Government’s Decree No. 11/2010/NĐ-CP dated February 24, 2010 on management and protection of road traffic infrastructure (hereinafter referred to as the Decree No. 11/2010/NĐ-CP), the Government’s Decree No. 100/2013/NĐ-CP dated September 03, 2013 amending and supplementing a number of articles of the Decree No. 11/2010/NĐ-CP (hereinafter referred to as the Decree No. 100/2013/NĐ-CP), the Government’s Decree No. 114/2010/NĐ-CP dated December 06, 2010 regulating construction maintenance (hereinafter referred to as the Decree No. 114/2010/NĐ-CP), Government’s Decree No. 10/2013/NĐ-CP dated January 11, 2013 on management, use and operation of road traffic infrastructure properties (hereinafter referred to as the Decree No. 10/2013/NĐ-CP), relevant legal documents and provisions set out hereof.

2. Management, operation and maintenance of highways must be done in accordance with the process of operation and maintenance, technical regulations and standards of management, operation and maintenance of highways issued by competent agencies.

3. The process of operation and maintenance of highway works must be formed in accordance with components , equipment installed to the Works, type and grade and purposes of the Works and must be clearly presented in Vietnamese on paper, magnetic disks or other media;

Article 4. Responsibilities of organizations, individuals for management, operation and maintenance of highway works

1. Responsibilities of Directorate for Roads of Vietnam

a) Act as an advisor for the Minister of Transport in carrying out state management function in management, operation and maintenance of highways across the country;

a) Act as an advisor for the Minister of Transport in carrying out state management function in management, operation and maintenance of highways across the country;

c) Handle within their competence or propose competent state agencies to handle any organization or individual who violates management, operation and maintenance of highway works as regulated;

d) Fulfill responsibilities and authorities for overseeing and implementation of the contract during the operation phase with respect to highway projects invested, constructed, managed and operated in the form of public and private partnership under the decentralization and authorization by the Ministry of Transport;

dd) Fulfill responsibilities and authorities of the highway management agency for management, operation and maintenance of highway works within assigned scope;

e) Work out and report to the Ministry of Transport on management, use, operation, maintenance and protection of highway infrastructure across the country as regulated;

g) Instruct highway management departments and road management departments to manage, operate and maintain highway works under the decentralization of Directorate for Roads of Vietnam;

h) Fulfill responsibilities and authorities for management, operation and maintenance of highway works as regulated;

2. Responsibilities of professional agencies affiliated to People’s committees of central-affiliated cities and provinces;

a) Fulfill responsibilities and authorities of the highway management agency for management, operation and maintenance of highways under management of local authority according to the regulations of People’s committees of central-affiliated cities and provinces;

b) Report to People’s committees of central-affiliated cities and provinces, Directorate for Roads of Vietnam on the management, operation and maintenance of highway works within management as regulated;

3. Responsibilities of the Investor:

a) Be responsible to the highway management agency and competent agencies for management, operation and maintenance of highway works under its own management; ensure safety and smoothness of traffic in accordance with the law and the contract;

b) Comply with the investigation and inspection of competent agencies in accordance with the law;

c) Cooperate with central, local functional agencies in propagating, disseminating and educating and executing law regulations on protection of infrastructure and assurance of traffic safety on highways;

d) Report to competent state agencies, highway management agencies on the management, operation and maintenance of highway works under its own management as regulated;

4. Responsibilities of operation & maintenance agencies:

a) Directly implement management, operation and maintenance of highways assigned under this Circular, technical regulations and standards of maintenance, process of operation and maintenance of the works, contracts signed with highway management agency, investor and other relevant regulations;

b) Implement highway patrol as regulated;

c) Cooperate with central, local functional agencies in propagating, disseminating and educating and executing law regulations on protection of infrastructure and assurance of traffic safety on highways;

d) Report to highway management agencies, investor on the management, operation and maintenance of highway works as regulated;