THE MINISTRY OF TRANSPORT
Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Ministry Of Transport on road traffic-related natural disaster management and recovery
Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Law on Natural Disaster Management dated June 19, 2013;
Pursuant to the Government’s Decree No. 160/2018/ND-CP dated November 29, 2018 on guidelines for some Articles of the Law on Natural Disaster Management;
Pursuant to the Government’s Decree No. 30/2017/ND-CP dated March 21, 2017 on response to emergency and natural disasters and search and rescue;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;
At the request of the Director of the Department of Transport Safety and the Director General of the Directorate for Roads of Vietnam;
The Minister of Transport hereby prescribed road traffic-related natural disaster management and recovery.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides for road traffic-related natural disaster management and recovery.
Article 2. Subjects of application
This Circular applies to domestic and foreign organizations and individuals involved in road traffic-related natural disaster management and recovery within the territory of Vietnam.
Article 3. Definitions
For the purposes of this Circular, the terms below shall be construed as follows:
1. “Road erosion” means the process by which the foundation, positive slope and negative of the road are deformed and damaged by natural disasters.
2. “Road work serving natural disaster management” mean a work that is solidly or temporarily built to reduce or mitigate effects of natural disasters on road works, office buildings, warehouses and factories or to serve the forecasting, warning, command and direction related to natural disaster management.
3. “Road authority” is the Department of Road Management (for national highways) or the Department of Transportation (for road works under its management).
4. “Road work construction and operation enterprise” means a PPP project management enterprise and enterprise assigned by the State to construct and operate a road work.
5. “Road work maintenance contractor” means an organization or individual managing, operating and maintaining road works under the contract signed with the road work management authority or authority authorized to manage the road work maintenance project by the State. Road work maintenance contractors include road work management, regular maintenance and operation contractors; construction and repair contractors and other contractors involved in the maintenance of road works.
Article 4. Principles of road traffic-related natural disaster management and recovery
1. Basic principles of natural disaster management specified in Article 4 of the Law on Natural Disaster Management shall be adhered to.
2. As the natural disaster weakens or after the weather returns to normal, organizations and individuals shall, within their jurisdiction, immediately take remedial measures against damage to road works in order to restore traffic, thereby ensuring safe and continuous traffic flow.
3. Natural disaster management and recovery measures specified in the plan shall be taken in manner that ensures adequate quantity of human and material resources by using the four on-the-spot motto “leadership on-the-spot, human resources on-the-spot, means and materials on-the-spot, and logistics on-the-spot” so as to minimize effects of natural disasters and respond to natural disasters within the shortest possible time.
4. Safety of persons and vehicles involved in natural disaster management and recovery, road works and vehicles operating on roads shall be ensured. The number of emergencies and accidents occurring during natural disaster management and recovery shall be reduced.
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