Circular No. 39/2011/TT-BGTVT of May 18, 2011, guiding a number of articles of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, on the management and protection of road infrastructure facilities

THE MINISTRY OF TRANSPORT

Circular No. 39/2011/TT-BGTVT of May 18, 2011, guiding a number of articles of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, on the management and protection of road infrastructure facilities

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

Pursuant to the Government’s Decree No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

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

The Minister of Transport guides a number of articles of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, on the management and protection of road infrastructure facilities, as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides a number of articles of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, on the management and protection of road infrastructure facilities (below referred to as Decree No. 11/2010/ND-CP), covering the protected area of road infrastructure facilities, the use of this area, connection of feeder roads to national highways, codes used in naming provincial roads, assurance of traffic and traffic safety in the course of construction of works within the protected area of road infrastructure facilities in operation, and inspection and appraisal of road traffic safety.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals involved in the management, protection, exploitation and use of the protected area of road infrastructure facilities; the assurance of traffic and traffic safety in the course of construction of works within the protected area of road infrastructure facilities; and the inspection and appraisal of road traffic safety.

Chapter II

THE PROTECTED AREA OF ROAD TRAFFIC INFRASTRUCTURE FACILITIES

Article 3. Land of road

Land of road covers the land area on which road works are constructed and two land strips along both sides of a road for administration, maintenance and protection of road works. Road works include:

1. Roads

a/ Roads (base, surface course, roadside, pavement);

b/ Road bridges (river-spanning bridges, viaducts, urban flyovers, road overpasses, railway overpasses, sea bridges), including footbridges;

c/ Road tunnels (mountain tunnels, river tunnels, road underpasses, railway underpasses, urban underpasses), including pedestrian underpasses;

d/ Road ferry landings and pontoons, underground roads, spillway roads.

2. Roadside parking lots and stopovers, traffic control stations, vehicle weight checking stations, road and bridge toll booths.

3. Road signaling systems, consisting of traffic lights, road signs, road sign or traffic light gantries, clearance frames and gantries, marker posts, milestones, painted lines and other equipment.

4. Roundabouts, median strips, barriers, parapets.

5. Survey and road boundary landmarks and landmarks for ground clearance for construction of road works.

6. Road lighting systems.

7. Water drainage systems, technical chambers and road embankments.

8. Anti-collision and wash, water current-regulating and anti-erosion road works.

9. Rescue roads, amphibious river-crossing equipment storehouses, county road administration houses, traffic assurance reserve material and equipment storehouses.

10. Auxiliary works for environmental protection and traffic safety assurance.

Article 4. Road safety corridors

1. Road safety corridor means land strips along both sides of the land of road (including also water surface areas along both sides of bridges, tunnels, ferry landings and pontoons) for assuring traffic safety and protecting road works.

2. Road safety corridor limits are specified in Articles 15 thru 19 of Decree No. 11/2010/ND-CP. When determining the width of the safety corridors for roads, road administration agencies shall base themselves on the technical grades of roads managed under the planning, or on the length of road bridges.

3. In case a road runs together with an irrigation work, its safety corridor shall be determined in accordance with the law on dikes.

Article 5. Determination of areas of land of road and road safety corridors

1. In case areas of land of road and road safety corridors have not yet been determined, road boundary lines and these areas shall be determined under Decree No. 11/2010/ND-CP.

2. For a road in operation for which the area of road safety corridor was approved by competent authorities before the effective date of Decree No. 11/2010/ND-CP, the areas of land of road and road safety corridor shall be determined as follows:

a/ The area of land of road shall be determined under Article 14 of Decree No. 11/2010/ND-CP;

b/ The area of road safety corridor shall be determined after the area of land of road is determined, specifically:

- In case the remaining area of road safety corridor is larger than or equal to the width specified in Article 15 of Decree No. 11/2010/ND-CP, it shall be kept unchanged;

- In case the remaining area of road safety corridor is narrower than the width specified in Article 15 of Decree No. 11/2010/ND-CP, the area of road safety corridor shall be re-determined under Decree No. 11/2010/ND-CP.

Article 6. Protected overhead space of road works

1. If the protected overhead space of works constructed before the effective date of this Circular (under construction licenses granted by competent authorities) fails to meet the requirements specified in Article 21 of Decree No. 11/2010/ND-CP, but these works cause no danger or pose no threat to traffic safety, it may be temporarily kept unchanged.

2. Works which are newly constructed or renovated, upgraded or expanded; and works which are currently in operation and use but fail to meet the requirements specified in Article 21 of Decree No. 11/2010/ND-CP and cause dangers or pose threats to traffic safety must adequately assure the following overhead space (vertically measured):

a/ For road flyovers, the minimum vertical clearance from the highest point of the road surface to the lowest point of the flyover span structure (excluding a height reserved for future road surface elevation upon road repair, upgrading or expansion) is 4.75 m (four point seventy five meters);

Expressway flyovers must comply with regulations of expressway design standards;

b/ For communications lines hanging above roads, the minimum vertical clearance from the highest point of the road surface (excluding a height reserved for future road surface elevation upon road repair, upgrading or renovation) to the lowest point of these lines in the state of maximum sag is 5.5 m (five point five meters);

c/ For power transmission lines hanging above roads, the minimum vertical clearance from the lowest point of these lines in the state of maximum sag to the highest point of the road surface (excluding a space reserved for future road surface elevation upon road repair, upgrading or renovation) is 4.75 m (four point seventy five meters) plus an electric discharge safety distance, depending on voltages of the lines, as specified by the law on electricity.

Owners of power grid works shall install and manage signs and height limit signs at the crossings between overhead power transmission lines and roads beneath according to the Regulation on road signs and instructions of units directly administering relevant road sections.

3. Determination of a height reserved for road surface elevation

a/ For works which overpass roads, a height reserved for road surface elevation shall be determined based on the actual state and planning of these roads;

b/ For road works beneath flyovers or essential works, a height reserved for road surface elevation shall be determined based on designs of these works and planning of relevant roads.

Article 7. Horizontal road safety distance for essential works

1. Essential works specified in Clause 1, Article 12 of this Circular which are permitted by competent road administration agencies to be constructed and lie within the areas of land of road and road safety corridors (including underwater sections) must be at a depth or a horizontal distance so that they do not affect the management, maintenance, operation and durability of these works. The specific depth and horizontal distance shall be decided by competent road administration agencies in written approvals of construction of these works.

2. The minimum limit of the horizontal road safety distance for pillars of essential works (lying inside or outside the road safety corridor) is as follows:

a/ For pillars of a height (measured from the ground at the pillar base to the pillar top) of over 4 m (four meters), the minimum distance from the foot of the embanked road talus or the top edge of the dug road talus to the pillar base is equal to 1.3 times the pillar height;

b/ For pillars of a height (measured from the ground at the pillar base to the pillar top) of 4 m (four meters) or under, the minimum distance from the foot of the embanked road talus or the top edge of the dug road talus to the pillar base is 5 m (five meters);

c/ For roads running through inner cities or inner towns, the horizontal road safety distance limit is equal to the width delimited by the construction boundaries under the approved planning;

d/ For roads running through mountainous areas with the high-mountain and deep-abyss terrain, the horizontal road safety distance limit for pillars of essential works may be smaller than the distance specified at Point a or b of this Clause but must be at least 2 m (two meters) from the edge of the vehicle lane. Specific limits shall be decided by competent road administration agencies in written approvals of construction of these works.

Article 8. Overlapping corridors of roads and railways

When the safety corridors of a railway and a road overlap, they shall be demarcated on the principle of prioritizing the formation of an adequate safety corridor for the railway while assuring that the outer limit of this corridor does not overlap the talus or any part of the road, specifically as follows:

1. In case a road and a railway are adjacent and share a longitudinal trench, the boundary between their safety corridors shall be determined under Clause 3, Article 15 of Decree No. 11/2010/ND-CP.

2. In case a road and a railway share a common safety corridor between them narrower than the aggregate width of the road and railway safety corridors as stipulated, an adequate safety corridor for the railway shall be prioritized. If such an adequate safety corridor for the railway embraces a road work, the limit of this corridor is the outer edge of the work.

Article 9. Works lying outside road safety corridors

1. The distance between works lying outside road safety corridors and these corridors complies with Article 22 of Decree No. 11/2010/ND-CP.

2. Owners of works lying outside road safety corridors and affecting traffic and traffic safety as detected by competent road administration agencies shall take prompt measures to remedy the situation at the request of these agencies. In case work owners fail to do so, road administration agencies shall make dossiers requesting competent People’s Committees to handle them under law.

Chapter III

USE AND EXPLOITATION OF THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

Article 10. Use and exploration of the protected area of road infrastructure facilities

1. The protected area of road infrastructure facilities may be used only for construction of road works and works to be used and exploited for road traffic and transport safety purpose, except some essential works which cannot be located outside this area and have permits of competent agencies. It is prohibited to illegally build other works within the protected area of road infrastructure facilities.

The exploitation and use of the protected area of road infrastructure facilities comply with Articles 26 and 28 of Decree No. 11/2010/ND-CP and this Circular.

2. Before expanding boundaries of inner cities or inner towns with roads running through, provincial-level People’s Committees shall build collector roads for road sections planned to lie in the expanded areas of inner cities or inner towns and points of connection as specified in this Circular.

3. Points of direct connection to national highways must be limited. Roadside industrial parks, economic zones, residential areas, trade - service zones or other construction projects must be located outside the road safety corridors and must have collector roads connecting them to feeder roads. In case of no feeder road, their collector roads may be connected directly to national highways but the minimum distance between two points of connection to a national highway specified in this Circular must be ensured.

4. Collector roads must lie outside road safety corridors and be constructed for use for one or many adjacent projects.

In special cases in which terrain conditions are unfavorable or land areas for construction of collector roads are insufficient, authorities may consider and permit part of collector roads to lie within the road safety corridor. For local roads, provincial-level People’ Committees shall make decision. For national highways, the Ministry of Transport shall make decision on the basis of proposals of provincial-level People’s Committees and appraising opinions of the Vietnam Road Administration.

5. Feeder roads may be connected to national highways currently in use under Article 29 of Decree No. 11/2010/ND-CP and this Circular.

In case of necessity, competent agencies shall consider and permit temporary connection of feeder roads to national highways for transportation of materials and equipment and construction of infrastructure facilities of projects lying outside the area of land of road.

6. Petrol stations constructed along national highways must be in line with the planning of petrol stations approved by provincial-level People’s Committees (or the Ministry of Industry and Trade); points of connection of access roads to these stations must be in line with the planning of points of connection agreed upon by the Ministry of Transport and provincial-level People’s Committees.

7. It is prohibited to construct petrol stations along and connect them directly to expressways. Petrol stations may only be constructed and connected to feeder roads already connected to expressways or constructed within roadside service stations according to the designs of expressways. Petrol stations related to roads subject to discrete operation regulations must be constructed under these regulations.

8. Roads running from residential houses may only be connected to national highways through feeder roads; existing roads of this type must be gradually eliminated and replaced with collector roads under the approved planning on points of connection.

9. The use of overlapping road and railway safety corridors must be approved in writing by competent road administration and railway administration agencies.

10. Billboards within road safety corridors may be temporarily installed only when terrain conditions outside these corridors are unfavorable. All forms of advertisement within the area of land of road are prohibited.

11. It is prohibited to use spaces beneath road bridges for dwelling, provision of services, car stops or terminals likely to make these bridges and traffic unsafe and cause environmental pollution.

In case of using spaces beneath road bridges in urban areas as makeshift car parks, decisions of provincial-level People’s Committees, for locally managed bridges on urban roads, or decisions of the Ministry of Transport on the basis of proposals of provincial-level People’s Committees, for bridges on national highways running through urban centers, are required. Provincial-level Transport Departments are responsible for organizing the use of spaces under road bridges in urban areas as makeshift car parks. Makeshift car parks must assure fire and explosion prevention and fighting safety, traffic safety and environmental protection and convenience for bridge inspection, maintenance and repair under regulations.

12. For hydropower projects and irrigation projects having roads for inundation avoidance:

a/ The construction of roads for inundation avoidance shall be funded by investors of hydropower projects or irrigation projects;

b/ Right at the stage of project formulation, project investors are required to reach agreement with the Vietnam Road Administration on road direction, size, technical standards and other issues related to national highways;

c/ Provincial-level People’s Committees shall designate agencies competent to reach agreement concerning local roads.

13. Pursuant to Decree No. 11/2010/ND-CP and this Circular’s guidance, provincial-level People’s Committees shall specify the use of the protected area of road infrastructure facilities with regard to provincial, urban, district and commune roads in accordance with law and practical local conditions.

Article 11. Management of use and exploitation of the protected area of road infrastructure facilities constructed in the form of build-operate-transfer (BOT), build-transfer-operate (BTO) or build-transfer (BT) and special-use roads

1. For the construction of essential works, construction and renovation of traffic hubs and points of connection which are related to road works constructed in the form of BOT, BTO or BT, competent road administration agencies, when implementing planning agreements, approving construction and designs and licensing construction shall, in addition to complying with this Circular, obtain written consents of investors of BOT, BTO or BT projects on traffic safety, impacts on work structure, toll collection and other relevant issues.

2. The construction of essential works, construction and renovation of traffic hubs and points of connection which are related to special-use roads shall be directly considered and decided by organizations and individuals that manage and operate these special-use roads.

Article 12. Essential works build within the protected area of road infrastructure facilities

1. Essential works include:

a/ Works for national defense or security;

b/ Works for road management and exploitation;

c/ Telecommunications and electricity works, water supply and drainage, petrol, oil and gas pipelines;

d/ Works with particular technical requirements which cannot be located outside the protected area of road infrastructure facilities; works which must be located on the same plane with road works in order to assure synchronism and economy.

2. In case it is impossible to construct essential works outside the protected area of road infrastructure facilities, these works may be considered and permitted by competent authorities to be constructed within this area.

3. For essential works constructed outside the protected area of road infrastructure facilities but still affecting traffic safety and safety of road infrastructure facilities, their construction must be approved by competent road administration agencies.

4. Essential works which are approved and licensed for construction under Clause 2 of this Article must be promptly removed at the request of competent road administration agencies without any compensations or supports for removal of parts of works already approved and licensed for construction; investors or users of essential works shall take full responsibility for the construction of essential works.

Article 13. Approval of construction of essential works within the protected area of road infrastructure facilities of national highways in operation

1. Before submitting their projects to competent authorities for approval, investors of projects to construct essential works shall send dossiers of application for approval of construction of these works within the protected area of road infrastructure facilities to competent road administration agencies for consideration and approval, specifically as follows:

a/ The Ministry of Transport shall give approval for projects related to expressways and roads subject to separate management and use regulations;

b/ The Vietnam Road Administration shall give approval for the following projects, except those specified at Point a of this Clause:

- Projects to construct new essential works of group A or group B; essential works related to grade-I, grade-II or grade-III roads or falling within the scope of management by two or more agencies directly managing national highways (Road Administration Sections or provincial-level Transport Departments);

- Projects to repair, renovate or upgrade essential works related to grade-I or grade-II roads.

c/ Road Administration Sections or provincial-level Transport Departments shall give approval for:

- Projects to construct new essential works of group C or those not subject to project formulation which are related to roads of grade IV or lower grades under their management, and projects other than those falling under the competence of the Vietnam Road Administration specified at Point b of this Clause;

- Projects to repair, renovate or upgrade essential works related to roads of grade III or lower grades.

2. The order and method of carrying out procedures comply with Article 18 of this Circular.

3. Dossiers of application for approval of construction of essential works

a/ A dossier comprises:

- An application for approval of construction of an essential work within the protected area of road infrastructure facilities (the original), made according to a set form provided together with this Circular (not printed herein);

- The design dossier (the original), consisting of site plans, vertical and horizontal surveys of the location of the road section in which the work is to be built. If the design dossier is a technical design dossier or construction drawing design, for essential works to be constructed above bridges, tunnels or other complex road works, there must be a report on results of design appraisal (a copy certified by the work owner);

- Commitments to remove or renovate the work according to the schedule set by a competent road administration agency, not to claim any compensations, and to bear all relevant costs incurred.

b/ The number of dossier set: One set.

4. The time limit for giving an approval is 10 working days after receiving a complete dossier as required.

5. A written approval of construction of an essential work is valid for 18 months after the date of grant. Beyond this duration, it must be extended according to the following procedures:

a/ An application for extension (the original), made according to a set form provided together with this Circular (not printed herein) by the work owner;

b/ Time limit for granting extension: 10 working days after receiving a complete dossier as required;

c/ Extension duration: Extension shall be granted only once for not more than 12 months;

d/ The order and method of carrying out procedures comply with Article 18 of this Circular.

Article 14. Grant of licenses for construction of essential works within the protected area of road infrastructure facilities of national highways in operation

1. After obtaining a written approval of construction of an essential work from a competent road administration agency, the investor of the essential work shall:

a/ Complete the design dossier according to this written approval;

b/ Appraise the work design dossier under regulations on work investment and construction management;

c/ Approve the project to construct the work under current regulations;

d/ Send the dossier under Clause 3 of this Article to a competent agency for applying for a work construction license.

Agencies competent to license the construction are Road Administration Sections or provincial-level Transport Departments assigned to manage national highway sections.

2. The order and method of carrying out procedures comply with Article 18 of this Circular.

3. Dossiers of application for licenses for construction of essential works

a/ A dossier comprises:

- An application for a license for construction of an essential work (the original), made according to a set form provided together with this Circular (not printed herein);

- A written approval of construction of an essential work given by a competent road administration agency (a copy certified by the investor);

- A dossier of construction drawing designs, indicating construction methods assuring traffic safety, which is approved by a competent authority (the original).

b/ The number of dossier sets: One set; particularly for the dossier of construction drawing designs, two sets.

4. The time limit for handling the dossier is 10 working days after receiving a complete dossier as required.

5. Investors shall take responsibility for the construction quality of essential works, which may affect traffic safety and durability of the structure of road works. Design consultants, construction supervision consultants and construction contractors of essential works must have full practice capability.

6. Essential works constructed within the protected area of road infrastructure facilities must be tested for acceptance by construction-licensing agencies.

7. The investor of an essential work shall submit one dossier set of work construction completion to the construction-licensing agency for archive and updating of the road administration dossier.

8. Users or commercial operators of essential works shall maintain these works. They are not required to apply for a construction license for regular maintenance of essential works but shall take responsibility for any traffic accidents caused by the regular maintenance. Any regular repair which would affect traffic safety or durability of road works is subject to construction licensing under Clauses 2, 3 and 4 of this Article.

Article 15. Approval and licensing of construction of temporary billboards within road safety corridors of national highways in operation

1. The installation of billboards inside or outside road safety corridors must comply with the laws on advertisement and management and protection of road infrastructure facilities. Individuals and organizations licensed to install billboards shall bear full responsibility for incidents caused by the installation of billboards.

2. The minimum road safety distance measured transversally from the billboard’s point closest to the road to the outer edge of the land of road is 1.3 (one point three) times the height up to the highest point of the billboard and must be at least 5 (five) meters.

3. The minimum transversal road safety distance for billboards installed outside the land of road must comply with Clause 2 of this Article. If this distance is inadequate, road administration bureaus shall request agencies licensing the construction of billboards to order billboard installers to stop.

4. Agencies competent to approve and license the construction of temporary billboards within the road safety corridors of national highways in operation are:

a/ The Ministry of Transport, which approves the construction of billboards for grade-I roads and roads subject to discrete management regulations;

b/ The Vietnam Road Administration, which approves the construction of billboards along national highways, except the roads specified at Point a of this Clause;

c/ Road Administration Sections or provincial-level Transport Departments, which approve the construction of billboards along national highway sections under their management.

5. The order and method of carrying out procedures, dossiers and time limit for completion of procedures for approving or licensing construction of billboards are the same as those applicable to essential works.

Article 16. Construction of essential works along newly built, upgraded or renovated national highways

1. When formulating a project to build, upgrade, renovate or re-direct a national highway section or a bypass section, the project investor shall:

a/ Send to related ministries, sectors and provincial-level People’s Committees a notice of vital information on the project (technical grade, size, direction, cross-section and projected time of construction commencement and completion) so that organizations that need to construct essential works can know about the national highway construction project;

b/ Summarize needs for essential works to be constructed within the protected area of road infrastructure facilities under the project and report them to the investment-deciding authority for consideration of relevant issues. Propose measures to assure safety and durability of works of the road project which might be affected by the construction of essential works;

c/ Based on opinions of the investment-deciding authority, notify organizations wishing to construct essential works of the requirement to construct technical chambers or to implement measures to assure safety and durability of works of the road project when constructing essential works.

2. Organizations and individuals that wish to construct essential works related to a project to build, upgrade or renovate a national highway shall:

a/ Send a written request (enclosed with technical designing requirements on essential work items to be constructed within the protected area of road infrastructure facilities) to the project investor;

b/ Take measures to assure safety and durability of road works in the course of construction of essential works and the road project’s progress.

3. When wishing to construct or install essential works in technical chambers of constructed road works, investors of projects involving essential works shall comply with Article 14 of this Circular to obtain construction licenses and pay technical chamber rents under law.

4. All expenses for implementation of measures to assure safety and durability of road works which might be affected by the construction of essential works shall be borne by essential work investors.

Article 17. Construction of road works within the land of road reserved for national highways in operation

1. Before submitting to a competent authority for approval a project to build, upgrade or renovate road works within the land of road (except projects in which investment is decided or made by the Ministry of Transport or the Vietnam Road Administration), a project investor shall send a dossier of application for approval to the Vietnam Road Administration.

2. Investors or contractors for construction of road works on national highways in operation shall request Road Administration Sections or provincial-level Transport Departments assigned to manage road sections to grant licenses for construction assuring traffic safety, specifically as follows:

a/ The order and method of carrying out procedures comply with Article 18 of this Circular;

b/ A dossier of application for a construction license comprises:

- An application for a license for construction of works (the original), made according to a set form provided together with this Circular (not printed herein);

- A written approval of designs given by a competent road administration agency (a copy certified by the work owner);

- A dossier of construction drawing designs, indicating construction methods assuring traffic safety, which is approved by a competent authority (the original).

The number of dossier sets: One set.

c/ The time limit for handling the dossier is 10 working days after receiving a complete dossier as required.

3. Projects to upgrade or renovate roads in operation of which the Ministry of Transport or the Vietnam Road Administration is the investor are not subject to construction license. However, before commencing the construction, project management units or construction contractors shall send to competent road administration agencies a relevant dossier comprising a project approval decision, an approved dossier of construction drawing designs, including construction plan and measures to assure traffic safety, for the latter to consider and approve in writing the construction duration and measures to assure traffic safety in the course of construction.

4. Organizations and individuals that manage and maintain roads are not required to apply for a construction license for their regular maintenance activities but shall strictly implement measures to assure traffic safety in the course of performing their task.

5. For locally managed and maintained roads, provincial-level People’s Committees shall promulgate relevant regulations to comply with law and suit actual conditions of their localities, except for national highways entrusted to them for management.

Article 18. Order and method of carrying out administrative procedures

1. Method: Organizations and individuals shall file their dossiers and receive results directly at offices of agencies competent to handle administrative procedures or by post.

2. Order of carrying out procedures:

a/ Organizations and units shall submit their dossiers to competent agencies;

b/ Competent agencies shall receive dossiers. For directly filed dossiers, after examining the dossiers and finding that they are invalid, they shall guide the dossier completion. If dossiers are valid, they shall issue appointments for applicants to get results;

c/ Agencies competent to carry out procedures shall examine dossiers. If dossiers are invalid under regulations, they shall provide written guidance on completion thereof (for dossiers filed by post). If dossiers are valid, they shall grant written approvals or construction licenses. In case of disapproval or refusal to grant a license, they shall reply in writing, clearly stating the reason.

Chapter IV

CONNECTION OF FEEDER ROADS TO NATIONAL HIGHWAYS

Article 19. Connection of feeder roads to national highways

1. Feeder roads to be connected to national highways include:

a/ Provincial, district, commune and urban roads;

b/ Access roads to petrol stations or roadside stations;

c/ Special-use roads: forestry roads, roads serving mining or construction activities, roads of industrial parks or roads connected to individual works;

d/ Collector roads and roads connected to collector roads.

2. Feeder roads shall be connected to national highways at points of connection specified in the planning of points of connection to national highways running through provinces and centrally run cities (below referred to as the planning of points of connection) approved by provincial-level People’s Committees after obtaining the Ministry of Transport’s written agreement.

In urban areas, the connection of feeder roads to national highways complies with the approved urban planning.

No points of connection to expressways are planned in advance. Connection to an expressway complies with the technical design of such expressway.

The elevation of access roads to and construction grounds of petrol stations and roadside stations or other facilities must ensure water drainage in the area or be lower than that of the road surface.

3. Minimum distance between two points of connection to a national highway:

a/ The minimum distance between two points of connection of a provincial, district, commune, urban, special-use or feeder road to a national highway:

- In inner cities and inner towns (as specified in the Government’s regulations on classification of urban centers and urban management authorities): The distance between two consecutive points of connection shall be determined according to the planning approved by urban planning agencies but must not be shorter than 1,000 m (one-thousand meters);

- Outside inner cities and inner towns:

+ For a newly built national highway, the distance between two consecutive points of connection shall be determined based on the grade of the road’s section but must not be shorter than 5,000 m (five-thousand meters), for grade-I or grade-II roads, 2,000 m (two-thousand meters), for grade-III roads, and 1,500 m (one-thousand five-hundred meters), for roads of grade IV or lower grades;

+ For existing roads or roads renovated or upgraded to grade I or grade II with median strips and sufficient land for construction of speed-change lanes (vehicles will only turn right at inter-sections), the distance must not be shorter than 3,000 m (three-thousand meters) or 1,500 m (one-thousand five-hundreds meters), for grade-III roads, or 1,000 m (one-thousand meters), for roads of grade IV or lower grades;

+ In areas with unfavorable terrain conditions such as high mountains, deep abysses, rivers, streams and other irremovable obstacles that divide the road safety corridor, the distance between two consecutive points of connection shall be approved by competent state management agencies but must not be shorter than 1,000 m (one-thousand meters);

b/ The minimum distance between two consecutive petrol stations (measured from the middle point of each station) with access roads connected to national highways must ensure the distance between two points of connection specified at Point a of this Clause and, at the same time, satisfy the following regulations:

- For those inside inner cities or inner towns (as specified in the Government’s regulations on classification of urban centers and urban management authorities): The distance between two petrol stations located on the same side of a national highway must not be shorter than 2,000 m (two-thousand meters);

- For those outside inner cities or inner towns: The distance between two petrol stations located on the same side of a national highway must not be shorter than 12,000 m (twelve-thousand meters).

c/ In case a petrol station is planned to be located close to or right at the point of connection of another access road, the planning shall be adjusted with priority given to the work which was first built or the common-use work so that there will be only one point of connection at that location.

4. Inter-sections between feeder roads and national highways must be designed in conformity with current technical standards on motorway designs.

5. Connection of feeder roads to national highways which are newly built or upgraded, renovated or re-directed or have newly built bypass sections:

a/ Right in the stage of project formulation, the national highway project investor shall, based on socio-economic development master plans of localities through which the planned national highway will run, identify the locations of inter-sections (inter-sections and interchanges with different grades or interchanges) between existing roads and the planned national highway and the locations of access roads to service stations according to motorway design standards. The investor shall also send the design plan of the planned national highway to the provincial-level People’s Committee for the latter’s opinions so as to make proper adjustments;

b/ On the basis of the design of the planned national highway, the provincial-level People’s Committee shall make a list of points of connection (including petrol stations) according to the size of, and technical standard applicable to, the planned national highway and send it to the Ministry of Transport for agreement on related issues. Competent authorities shall approve the national highway project and technical designs of the planned national highway on the basis of the Ministry of Transport’s opinions.

6. Connection of feeder roads to national highways in operation

a/ Provincial-level People’s Committees shall base themselves on local socio-economic development needs and transport development plans to elaborate the planning of points of connection. The process of elaboration, consultation, approval and implementation of the planning of points of connection complies with Article 20 of this Circular;

b/ Investors and users of inter-sections shall themselves remove or upgrade these inter-sections without receiving any compensations or supports when so requested by competent road administration agencies.

Article 20. Planning of points of connection to national highways

The planning of points of connection covers the identification of locations and forms of connection between national highways and feeder roads which shall serve as grounds for the construction of inter-sections and elaboration of traffic arrangement plans to assure traffic safety and protect road works.

Provincial-level People’s Committees shall assign qualified consultancy units to plan points of connection and assign local functional agencies to appraise the planning before consulting the Ministry of Transport. The planning of points of connection may be made for all or each of national highway running through a locality. The planning of points of connection has the following basic contents:

1. Collecting information on the current and expected technical grade of the to-be-connected national highway.

2. Conducting surveys and making statistics of:

a/ The existing feeder roads specified in Clause 1, Article 19 of this Circular. To identify points of connection of feeder roads licensed or not yet licensed by competent authorities and determine the locations of points of connection according to current motorway design standards for inter-sections;

b/ The national highway’s sections running inside and outside urban centers; road sections lacking land for the construction of collector roads and with unfavorable terrain conditions for the construction of collector roads along the national highway;

c/ Feeder roads with a width narrower than or equal to 2.5 m (two point five meters) spontaneously connected to the national highway before the effective date of Decree No. 186/2004/ND-CP of November 5, 2004 (below referred to as Decree No. 186/2004/ND-CP) and accessible only for motorcycles, motorbikes and rudimentary vehicles which are not yet necessary to be renovated or expanded, so as to work out an appropriate closure roadmap under Clause 1 of Article 25;

d/ Petrol stations built under the planning of petrol stations approved by provincial-level People’s Committees (or the Ministry of Industry and Trade), identifying those which are licensed to temporarily use road safety corridors as access roads and those which are not licensed to do so.

In case such planning of petrol stations is unavailable, the agency assigned to plan points of connection shall coordinate with the provincial-level state management agency in charge of industry and trade in making the planning of points of connection, including those being access roads to petrol stations.

3. Summarizing appraising opinions of local functional agencies on such contents as conformity with socio-economic development master plans, land use plans, especially land for construction of collector roads, and the planning on petrol stations involving the use of points of connection.

4. The planning of points of connection to each national highway shall be made in a separate dossier for convenient monitoring and management. A dossier of the planning of points of connection comprises:

a/ Explanations of the planning of points of connection

- The socio-economic development situation in localities and areas along both sides of the national highway in which points of connection are planned for construction;

- The current state of the national highway: Grade, starting and ending points; special sections (running through inner cities or inner towns, great bridges or tunnels or crossing railways); the current situation of use of the road safety corridor and traffic safety in the national highway; information on the planning of the national highway;

- Explanations of reasons for building collector roads within the road safety corridors and reasons for planning points of connection which fail to assure the prescribed minimum distance between two points of connection; roadmap for closing narrow collector roads specified at Point c, Clause 2 of this Article;

- The planning of petrol stations in the province (if any), approved by a competent authority;

- Urban development plans (if any) of urban centers through which the national highway will run, approved by a competent authority;

- Opinions of the Road Administration Section or provincial-level Transport Department directly managing the national highway on the contents of the planning of points of connection.

b/ The planning of points of connection:

- A summary of basis contents on the current state and planning of points of connection to the national highway;

- A site plan displaying the planning of points of connection.

5. Consultation on the planning of points of connection

a/ The provincial-level People’s Committee shall send a written request, enclosed with a set of dossier of the planning of points of connection (and its soft copy) to the Ministry of Transport and the Vietnam Road Administration;

b/ The Vietnam Road Administration shall study the dossier for reporting and proposing the Ministry of Transport to consider and give approval on the planning of points of connection. In case of necessity, it may request in writing the locality to supplement or modify the dossier before submitting it the Ministry of Transport.

6. Funds for making the planning of points of connection comply with limits of expenditures for elaboration and appraisal of socio-economic development master plans and key products prescribed by law.

Article 21. Approval and implementation of the planning

1. Approval and implementation of the planning

a/ Pursuant to the written agreement of the Ministry of Transport, the provincial-level People’s Committee shall approve, announce, and organize the implementation of, the planning of points of connection; and send the dossier of the approved planning to the Ministry of Transport and the Vietnam Road Administration for coordinated implementation;

b/ When it is necessary to build, renovate or expand a point of connection under the planning, the organization or person using the point of connection shall, based on the provincial-level People’s Committee’s document permitting the use of the point of connection, elaborate a dossier of request as specified in Article 22 of this Circular.

2. After building a new point of connection or renovating or expanding an existing one under the approved planning of points of connection, the provincial-level People’s Committee shall close points of connections which fail to assure the minimum distance between two points of connection. It shall also close points of connection of narrow feeder roads specified at Point c, Clause 2, Article 20 of this Circular according to the set roadmap.

3. In case localities have obtained agreements from the Ministry of Transport on their planning of points of connection or have sent dossiers of planning of points of connection to the Ministry of Transport and the Vietnam Road Administration before the effective date of this Circular (determined by the postal mark), if considering that such planning needs modification or supplementation to comply with Decree No. 11/2010/ND-CP and this Circular, they shall send a modified dossier to the Ministry of Transport and the Vietnam Road Administration for consideration and settlement.

4. Inter-sections to national highways in operation may be constructed only after their designs and traffic arrangement plans are approved by competent road administration agencies according to regulations and a construction license is granted by the Road Administration Section or provincial-level Transport Department concerned.

Article 22. Approval of designs and construction plans for inter-sections to national highways

Owners of works or projects which are assigned by provincial-level People’s Committees to use points of connection under the approved planning of points of connection shall, based themselves on current motorway design standards and requirements, elaborate designs and traffic arrangement plans of inter-sections to national highways and send them to competent road administration agencies for consideration and approval. The Ministry of Transport shall decentralize road administration agencies competent to approve technical designs and traffic arrangement plans of inter-sections and provide for dossiers of request for approval as follows:

1. Competent road administration agencies:

a/ The Vietnam Road Administration shall approve and file dossiers of designs and traffic arrangement plans of inter-sections related to roads managed under separate regulations and to grade-I, grade-II and grade-III roads;

b/ Road Administration Sections or provincial-level Transport Departments shall approve and file dossiers of designs and traffic arrangement plans of inter-sections related to roads of grade IV or lower grades under their management.

2. The order and method of carrying out procedures comply with Article 18 of this Circular.

3. Dossiers of request for approval of designs and traffic arrangement plans of inter-sections

a/ A dossier comprises:

- A request for approval of the technical design and traffic arrangement plan of the inter-section (the original), covering commitments to removing or renovating the inter-section when so requested by road authorities without claiming any compensation, made according to a set form provided together with this Circular (not printed herein);

- A certified copy of the planning of points of connection to the national highway approved by the provincial-level People’s Committee or a copy of the Ministry of Transport’s written approval of the connection of feeder roads to the national highway, for national highways for which no planning of points of connection has been approved;

- The document (the original) issued by the provincial-level People’s Committee to assign the organization or person to act as the investor or user of the inter-section, in case the planning of points of connection or the Ministry of Transport’s document does not yet identify the investor or user of the inter-section;

- The technical design and traffic arrangement plan (the original) of the inter-section (stating construction methods assuring traffic safety), elaborated by a licensed road construction consultancy organization.

b/ The number of dossier set: One set.

4. The time limit for handling the dossier is 10 days after receiving a complete dossier as required.

5. Investors of projects on building roads connected to national highways of which the technical designs have been approved by the Ministry of Transport or the Vietnam Road Administration are not required to seek approval of technical designs and traffic arrangement plans of inter-sections.

6. A written approval of the technical designs and traffic arrangement plan of an inter-section is valid for 12 months from the date of issue. Past this duration, a renewal request must be made. Renewal procedures are the same as those for renewal of the written approval of construction of essential works specified in Clause 5, Article 13 of this Circular.

Article 23. Grant of licenses for construction of inter-sections to national highways

1. After obtaining a written approval of the technical design and traffic arrangement plan from a competent road administration agency, the investor or user of the inter-section shall carry out the following procedures:

a/ Complete the dossier of design and traffic arrangement plan of the inter-section, indicating construction methods assuring traffic safety as specified in the written approval;

b/ Appraise or propose a competent agency to appraise the design dossier according to regulations;

c/ Approve the project on construction of the inter-section under current regulations;

d/ Send the dossier of application for a work construction license specified in Clause 3 of this Article to a competent agency.

The competent agency is the Road Administration Section or the provincial-level Transport Department assigned to manage the concerned national highway.

2. The order and method of carrying out procedures comply with Article 18 of this Circular.

3. Dossiers of application for licenses for construction of inter-sections to national highways

a/ A dossier comprises:

- An application for a work construction license (the original), made according to a set form provided together with this Circular (not printed herein);

- A written approval of the construction or design of the inter-section given by a competent road administration agency (a copy certified by the investor);

- A dossier of construction drawing designs (indicating construction methods assuring traffic safety) approved by a competent authority (the original).

b/ The number of dossier sets: Two sets.

4. The time limit for processing the dossier is 10 working days after receiving a complete dossier as required.

5. Inter-sections must be checked by construction-licensing agencies before operation.

6. Investors shall take responsibility for the quality of inter-sections which affect traffic safety or durability of road infrastructure facilities. They shall submit 1 set of the construction completion dossier to construction-licensing agencies for archive and supplementation of details on their inter-sections to road section management dossiers.

7. Users of inter-sections shall maintain these inter-sections. They are not required to apply for a construction license for regular maintenance but shall take responsibility for any traffic accidents caused by maintenance. Regular repairs of inter-sections are subject to construction licensing under Clause 2, Article 17 of this Circular.

Article 24. Temporary connection to national highways in operation

1. For construction projects and works which are implemented in areas with unfavorable terrain conditions or have equipment with special technical requirements, the opening of temporary points of connection to national highways for building special-use roads may be permitted to facilitate the transportation of raw materials, supplies, machines and equipment. Upon the expiration of the temporary connection duration, the original state of the road safety corridor must be restored.

2. The duration of operation of a temporary point of connection specified in Clause 1 of this Article complies with the project construction schedule but must not exceed 12 months. In special cases, this duration may be extended once but must not exceed 24 months. Upon the expiration of the extension duration, the project owner shall close the temporary point of connection and restore the original state of the road safety corridor.

For projects/works to be implemented/constructed in a period longer than 24 months, it is required to build collector roads from the construction site to the nearest inter-section indicated in the approved planning of points of connection.

3. The order, dossier and time limit for approval of temporary connection are specified as follows:

a/ The organization or person wishing to open a temporary point of connection shall send to the provincial-level Transport Department a dossier set, comprising:

- A written request for approval of temporary connection, clearly stating the reasons, proposed location and specification of the temporary point of connection and the duration of operation;

- The investment strategy approval or decision approving the investment project, issued by a competent agency, and other relevant documents (if any);

- A document issued by the Road Administration Section or the provincial-level Transport Department assigned to manage the concerned national highway on the current state of the national highway’s section in which a temporary point of connection is requested for opening, its possible impacts on traffic safety and remedies;

- The site plan of the national highway’s section with the temporary point of connection and the traffic arrangement plan of the inter-section.

b/ The provincial-level Transport Department shall appraise and submit the dossier to the  provincial-level People’s Committee;

c/ The provincial-level People’s Committee shall send to the Ministry of Transport a written request for agreement on the opening of a temporary point of connection, enclosed with the dossier specified at Point a of this Clause. Such request must clearly state the reason for opening the temporary point of connection; its location and specification and duration of operation; and opinions on the restoration of the original state of road safety corridors;

d/ The Ministry of Transport shall consider and approve the temporary connection within 15 days after receiving a complete dossier as required; in case of refusal, it shall issue a written reply.

4. The approval of designs and licensing of the construction of temporary inter-sections comply with Articles 22 and 23 of this Circular.

Article 25. Settlement of existing problems in the use of road safety corridors

1. Pending the construction of collector roads, daily-life roads with a width narrower than or equal to 2.5 m (two point five meters) which were spontaneously connected to national highways before the effective date of Decree 186/2004/ND-CP and are accessible only for motorcycles, motorbikes and rudimentary vehicles may retain their current state by the end of 2015.

2. Petrol stations which were connected to national highways under approval of competent agencies but fail to satisfy the minimum distance between two petrol stations specified in this Circular may exist but localities shall complete their relocation or closing under planning before December 31, 2015.

Provincial-level People’s Committees shall direct local functional agencies to consider and handle according to law petrol stations along national highways which were spontaneously built and illegally connected to national highways or lie within road safety corridors.

3. Houses and production, business and service establishments which use land within road safety corridors but do not affect traffic safety and safety of road works may retain their current state without any extension or development. Land users shall commit in writing with commune-level People’s Committees and units directly managing the road sections concerned to refrainning from expanding or developing them. In case works for which no ground clearance compensation has been made by the State are degraded while their users still wish to use them, competent authorities shall inventory the land and attached assets to serve as a ground for payment of  compensation or temporary construction licensing.

4. For cases of using land within road safety corridors and affecting traffic safety or safety of road works, competent road administration agencies shall determine the degree of impact and propose competent People’s Committees to recover land and pay compensation and supports for land and attached assets which had existed before road safety corridors were announced.

5. Works that encroach land or illegally occupy land within road safety corridors shall be dismantled without any compensation.

6. The compensation for relocation of works built within road safety corridors under the Law on Road Traffic, Decree 11/2010/ND-CP and Decree No. 181/2004/ND-CP of October 29, 2004, guiding the Land Law must be based on the point of time when such works were built.

Road Administration Sections and provincial-level Transport Departments shall direct attached road administration units to coordinate with commune-level People’s Committees in, based on verification data and archived documents, drawing site plans, displaying the location, time of construction, and sizes of works lying within traffic safety corridors under Decree No. 11/2010/ND-CP according to the following points of time:

a/ Before December 21, 1982, when no specific regulations on road safety corridors were available;

b/ From December 21, 1982, till before January 1, 2000, when construction and expansion of works in and encroachment upon road protection corridors were banned under Decree No. 203/HDBT of December 21, 1982 of the Council of Ministers (now the Government);

c/ From January 1, 2000, till before November 30, 2004, when construction and expansion of works in and encroachment upon road protection corridors were banned under the Government’s Decree No. 172/1999/ND-CP of December 7, 1999, detailing the Ordinance on Protection of Traffic Works regarding road traffic works;

d/ From November 30, 2004, till before April 15, 2010, when construction and expansion of works in and encroachment upon road safety corridors were banned under the Government’s Decree No. 186/2004/ND-CP;

e/ From April 15, 2010, when construction and expansion of works in and encroachment upon road safety corridors are banned under the Government’s Decree No. 11/2010/ND-CP.

Article 26. Responsibilities of road administration units

1. Road administration units (for roads in operation) or investors (for roads under construction or being upgraded or renovated) shall assume the prime responsibility for, and coordinate with district- and commune-level People’s Committees in, elaborating and publicizing plans on planting boundary landmarks of road safety corridors for submission to provincial-level People’s Committees for approval; organizing the planting of boundary landmarks for handing over to commune-level People’s Committees for management and protection of road safety corridors with planned road boundary landmarks.

2. Road administration units shall regularly inspect to detect in time acts of encroaching, appropriating or illegally using road safety corridors. Upon detecting any violations, they shall request violators to stop their violations and notify these violations to commune-level People’s Committees or road administration inspectorates for coordination in making records of administrative violations and handling according to regulations.

3. Road administration units shall coordinate with road administration inspectorates and local functional agencies in dismantling works encroaching or illegally using road safety corridors under their management; and make periodical reports on the management of road safety corridors to superior road administration agencies.

4. Road administration units shall take the prime responsibility for managing and protecting road works and land of road. They shall regularly inspect so as to detect in time acts of infringing upon road works or encroaching, appropriating or illegally using land of road. Upon detecting any violations, they shall, in coordination with local administrations, make records of violations, request violators to immediately stop their violations and, when necessary, apply interim measures to assure traffic safety and the safety of road works. Within 24 hours after making a record, road administration units shall make a dossier of the violation for submission to road administration inspectorates and local law enforcement agencies for handling of the violation according to law.

Article 27. Responsibilities of road administration agencies and People’s Committees of all levels

1. Road Administration Sections and provincial-level Transport Departments shall elaborate plans and measures for handling violations of regulations on road safety corridors which have not yet been thoroughly handled and report results and arising difficulties and problems to the Vietnam Road Administration (for national highways) or provincial-level People’s Committees (for locally managed roads) for continued handling.

To upgrade data on essential works which are newly built or repaired and upgraded in the plan on management of essential works along roads under their management.

2. The Vietnam Road Administration shall, in pursuance to this Circular, organize the management and protection of road infrastructure facilities for national highways nationwide;

3. Provincial-level People’s Committees shall:

a/ Comply with regulations on land allocation and lease and grant of planning certificates and construction licenses for works along roads;

b/ Invest in the construction of collector roads (lying outside road safety corridors) along both sides of national highways under the approved planning of points of connection; prevent and stop the construction of houses along national highways and the building of roads connecting houses directly to national highways.

4. District-level People’s Committees shall:

a/ Dismantle works affecting the protected area of road infrastructure facilities under road transport development plans without causing any impacts on the safety of road works and transport activities;

b/ Apply coercive measures to handle violations and restore order in road safety corridors; prevent and stop re-encroachment or illegal use of road safety corridors;

c/ Coordinate with road administration units and road administration inspectorates in handling according to their competence acts of infringing upon road works or encroaching upon, appropriating or illegally using land reserved for roads.

5. Commune-level People’s Committees shall:

a/ Detect and coordinate with road administration units and road administration inspectorates in handling according to their competence acts of encroaching upon, appropriating or illegally using road safety corridors;

b/ Receive, manage and protect road boundary landmarks.

Article 28. Responsibilities of other organizations, individuals and agencies

1. Agencies, organizations and individuals shall protect road infrastructure facilities, detect and promptly report to road administration agencies or the nearest People’s Committees on violations of regulations on protection of road infrastructure facilities; take responsibility before law for violations of regulations on protection of road infrastructure facilities, especially in cases of failure to comply with requests of road administration units or law enforcement agencies when the latter make records of and handle violations according their competence.

2. Road administration inspectorates shall:

a/ Assume the prime responsibility for, and coordinate with road administration units in, handling in time violations of regulations on management and protection of road infrastructure facilities under their management;

b/ Assume the prime responsibility for, and coordinate with road administration units in, completing and sending dossiers of violations of regulations on road safety corridors to district-level People’s Committees to request application of coercive measures to dismantle works involved in violations;

c/ Assume the prime responsibility for, and coordinate with road administration units in, completing dossiers of violations of regulations on road works or encroachment upon, appropriation or illegal use of land of road; and handle these violations according to their competence. For violations which cause serious consequences, they shall transfer dossiers to competent agencies for handling according to law.

3. Local law enforcement agencies shall, within the ambit of their tasks and powers, handle violations of the law on protection of road infrastructure facilities according to their competence and coordinate with road administration units in protecting road infrastructure facilities.

Chapter V

NUMBERING AND CODING OF PROVINCIAL ROADS

Article 29. Principles and methods of numbering provincial roads

1. The principles and methods of numbering provincial roads comply with Articles 3 and 4 of Decree No. 11/2010/ND-CP.

2. No change will be made to the numbers of provincial roads determined before the effective date of this Circular.

Article 30. Coding of provincial roads

1. Provincial roads shall be coded to serve the numbering of the provincial road system.

2. The code of a provincial road is a 3-digit natural number; the code of provincial roads of each province and centrally run city is provided in Appendix 8 to this Circular (not printed herein).

Chapter VI

ASSURANCE OF TRAFFIC AND TRAFFIC SAFETY UPON CONSTRUCTION WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES IN OPERATION

Section 1

BEFORE CONSTRUCTION

Article 31. Grant of licenses for construction of works within the protected area of road infrastructure facilities in operation

1. Construction, repair, renovation or upgrading of essential works, road works, points of connection or temporary billboards within the protected area of road infrastructure facilities may be carried out only after obtaining construction licenses from Road Administration Sections or provincial-level Transport Departments (which are assigned to directly manage national highways) according to a set form enclosed with this Circular (not printed herein). Prior to the construction,  project investors or construction contractors shall send dossiers of application for licenses for construction of works within the protected area of road infrastructure facilities to competent road administration agencies for consideration and licensing under Articles 12, 13, 14, 15, 16 and 17 of this Circular.

2. Road Administration Sections or provincial-level Transport Departments shall archive dossiers, update information into the dossiers of management of works along the roads assigned to them for management; send written consents or construction licenses to the Vietnam Road Administration and Regional Road Inspectorates or provincial-level Transport Departments’ Inspectorates for monitoring, supervision and handling of violations according to law.

Article 32. Acceptance of handed-over grounds and sites for construction

Organizations and individuals that are granted construction licenses or written consents shall carry out procedures for acceptance of handed-over grounds and sites for construction with road administration agencies. After the date of acceptance of grounds and sites, constructors shall manage and assure smooth and safe traffic and bear full responsibility for traffic accidents occurring due to lack of traffic safety measures.

Section 2

DURING CONSTRUCTION

Article 33. Construction measures and time

1. Throughout the course of construction, organizations and individuals shall strictly observe the agreed construction measures and time, assure smooth and safe traffic according to regulations and may not cause damage to existing road works. In case of such damage is unavoidable, they shall obtain written consents of competent road administration agencies on protection measures or temporary dismantlement or removal of works and re-construction or compensation in accordance with law.

2. Assurance of traffic safety in the course of construction of road works on roads in operation is a job in the construction design and an expense of the bid package.

3. Constructors shall be inspected by road administration units and road traffic inspectorates in the observance of traffic safety assurance regulations in this Circular and the construction licenses and bear full responsibility for traffic accidents caused by construction activities.

Article 34. Construction of works within the land of road

1. Constructors of works within the land of road shall, in addition to the relevant provisions of this Circular, observe the following provisions:

a/ Not to let building materials and machinery block the visibility of users of roads in operation;

b/ Not to let smoke and dust cause environmental pollution and affect traffic safety on roads in operation;

c/ Upon installing equipment of great lengths or sizes, to apply safety measures to prevent the fall or collapse thereof on roads in operation;

d/ To apply construction measures so as not to impact the structure and safety of existing road works. If bad impacts are unavoidable, to obtain written consents of competent road administration agencies on protection measures or temporary dismantlement or removal and reconstruction of works or compensation in accordance with law.

2. It is strictly prohibited to level, dump or bulldoze the earth within the land of road not for lawful construction activities.

Article 35. Bypasses, makeshift bridges and road sign systems

1. If old bridges are to be used for uninterrupted traffic when building new bridges, bridge-building units shall assure safe and smooth traffic on the old bridges until new bridges are handed over and put into operation.

2. Bypasses, makeshift bridges and road sign systems for traffic safety assurance shall be completed before the construction of main works. Bypasses and makeshift bridges must ensure safe traffic for means of transport of tonnage and sizes allowed to move on old roads. Bypasses and makeshift bridges on national highways of technical standards of grade III or higher must have at least two vehicle lanes. The system of traffic signs must comply with current regulations on road signs.

Article 36. Watch persons

Throughout the course of construction, watchpersons must be positioned to give warnings and guide traffic. When construction ceases, there must be such safety signs as warning signs and banners and red lights at night. Watch persons guiding traffic shall bear red bands on their left arms, and use flags, whistles and lights at night.

Article 37. Signboards, badges and outfits for construction workers

Constructors shall put up signboards at both ends of the road sections under construction, which display the name of the project management unit or managing agency; the name of the construction unit, construction schedule, address of the construction site office, telephone number and name of the construction site commander. Construction site commanders shall wear identity badges while workers on roads shall wear labor safety outfits as required.

Article 38. Construction vehicles and machinery

1. Construction vehicles and machinery on roads must be fully furnished with safety equipment and have their registration number plates as required by law.

2. Beyond the construction time, construction vehicles and machinery must be regrouped into parking places. If parking places are not available, they must be moved close to the roadsides at places with signs for them to be easily noticed by road users.

3. Out-of-order construction vehicles and machinery must be moved by all means close to roadsides with warning signs according to regulations.

Article 39. Construction on roadbed, road surface and bridge surface

When construction is carried out on road bed, road surface or bridge surface, a section thereof must be set aside for vehicles and pedestrians to pass, concretely as follows:

1. At least one lane, for road or bridge surfaces with 3 lanes at most.

2. At least two lanes, for road or bridge surfaces with more than 3 lanes.

3. If one lane cannot be ensured or traffic jams might occur, bypasses or makeshift bridges must be built. In case there is the only road and the construction road surface is too narrow to meet the above-said conditions and traffic jams are likely to occur in the construction area, traffic assurance plans must be taken into account right at the stage of project formulation (even with the aid of waterways and railways). These component items must be built in advance and put to operation before the construction of the main road.

4. In case of excavation for roadbed expansion, fill-up must immediately follow excavation at any place. In case of construction on a weak soil foundation, lowering or raising of roadbed for more than two meters, separate measures for traffic assurance must be worked out and approved by supervision consultants and work owners and measures to cope with rains and unfavorable weather should be planned.

5. When constructing road foundations and surfaces, the length of a construction section must not exceed 300 m and the distance between construction sections must be at least 500 m. In the rainy season, construction must be completed in every section after a work shift or workday, not letting building materials drift to both sides of the road to cause damage to people’s property and environmental pollution.

6. In case of constructing sluices across a road without any bypass for uninterrupted traffic, construction can be carried out only on half of the width of road surface at most while the other half is left for traffic. For roads with heavy traffic, construction can be carried out only on one third of the width of road surface and the remaining two thirds will be left for traffic. For roads of grade-III or higher technical standards, if it is impossible to set aside two lanes for traffic, temporary road expansions must be made to ensure two lanes for traffic. For roads of technical standards of grade IV, V or VI, if it is impossible to set aside one lane for traffic, temporary road expansions must be made to ensure the width of one lane for traffic. During construction, parapets must be erected around dug holes and signs must be displayed according to current regulations on road signs.

7. During construction on roads, construction plans and timetable suitable to the characteristics of each type of work must be worked out.

Article 40. Construction materials

1. Construction materials must be placed on roads in a volume just enough for use for 2 to 3 construction sections and the length of the construction material location must not exceed 300 meters. Construction materials must be placed on only one side of a road, not in parallel on both sides to narrow the road bed or surface.

2. Before spells of rain or flood, construction must be definitely completed and all unused construction materials must be cleared from the road and plans must be drawn up to ensure traffic safety in case bridge or road incidents are caused by rains or floods within construction sites. These plans shall be forwarded to local road administration units for coordinated supervision.

3. It is strictly prohibited to scatter materials obstructing traffic or let materials flow on roads, thus causing slipperiness and environmental pollution or to melt asphalt on road sections in densely populated areas.

Article 41. Construction with the use of mine or road blocking or closure

Construction with the use of mine must comply with legal provisions on the use of explosives and ensure safety. In addition, cases of road blocking or closure must comply with the following provisions:

1. Each road blocking or closure must last for no more than one hour and their interval must be at least 4 hours to assure uninterrupted traffic. Road closures must be carried out at off-peak hours.

2. In case of necessity to prolong a road closure beyond the time limit specified in Clause 1 of this Article, approval of the Vietnam Road Administration, for national highways, or provincial-level Transport Departments, for local roads, is required. For projects with great construction volumes involving mine explosion, with many bid packages or different construction directions, investors shall consult with local administrations on the time for mine explosion, reach agreement with construction licensing agencies and announce such in the mass media.

3. It is prohibited to explode mines between 19:00 hrs and 6:00 hrs of the following day at places near residential quarters.

Article 42. Felling trees on road sides

1. When felling trees on road sides, signs must be put up and guards must be posted at both ends and a safety distance must be maintained; not letting trees fall onto road beds, thus obstructing traffic. If trees cannot but fall onto road beds, they must be quickly moved to road sides; trees felled at any road section must be fully rooted up and such road section must be restored to its original state.

2. It is strictly forbidden to throw tree branches and objects from above onto road beds or surfaces.

Article 43. Repair of bridges, embankments and tunnels

1. If the repair of bridges, embankments or tunnels is carried out while vehicles are permitted to travel, traffic must be assured. Concretely, signboards on narrow roads, speed limits or construction sites will be erected according to regulations; guards shall be positioned and traffic conductors be arranged around the clock; construction materials and equipment will be tidily placed inside the fences between sections marked off for construction and sections set aside for traffic; construction electricity and water systems must be regularly inspected to ward off accidents.

2. If repair cannot be carried out while traffic is allowed, bypasses must be built.

Article 44. Expansion of roads to and from ferries, pontoon bridges

During repair or expansion of roads to and from ferries or pontoon bridges, such work must be carried out only on half of the width of the road, while the remaining half must be reserved for travel to and from ferries or pontoon bridges, which must not be narrower than 4 meters for roads to and from pontoon bridges, and 6 meters for roads to and from ferries, and must be furnished with adequate safety equipment. If the minimum width cannot be ensured, failing to ensure safety for vehicles traveling to and from ferries or pontoon bridges, makeshift wharves must be built.

Article 45. Uplifting of sunk pontoons, ferry boats

In case of uplifting of sunk pontoons or ferry boats, including the removal of obstacles in riverbeds beneath bridges, adequate signal buoys and inland waterway signs must be put up according to regulations and river fairways must be cleared for normal operation of pontoon bridges or ferries without traffic jams.

Article 46. Clearance of grounds, sites and acceptance of handed-over works

1. Upon completion of construction in a road section of not more than 1 km or a bridge, a sluice, constructors shall remove all obstacles and restore the road surface for uninterrupted and safe traffic.

2. Prior to hand-over and acceptance of works, all unused materials, machinery and equipment and obstacles must be removed and damage (if any) caused by construction be repaired.

3. Upon completion of all above jobs, constructors shall propose investors to organize the hand-over and acceptance of completed works for operation according to regulations; and at the same time return the construction sites and grounds to road administration units which previously handed over such sites and grounds. A written record must be made on such return.

4. Road administration units shall conduct field inspections; if detecting that the sites have not yet been cleared, road works have been damaged due to the construction but not yet repaired and the original state has not yet been restored, they may refuse to accept the handover or demand compensation according to law. If constructors have fully met the requirements according to law, the road administration units shall carry out procedures to accept the hand-over of the grounds and sites and organize the management and maintenance thereof according to regulations.

Article 47. Works already completed but not yet accepted and handed over

1. Investors shall expeditiously complete the acceptance and hand-over of works for operation according to current regulations on work construction investment management.

2. For works constructed on roads in operation, construction contractors shall continue assuring traffic and traffic safety until the works are accepted and handed over to road administration units.

3. For construction works not yet put in operation (newly built roads, bypasses; repair and renovation of bridges or roads but with public-duty roads serving the construction), construction contractors shall protect such works, disallowing means of transport to travel thereon when there is no order to open them to traffic and bear full responsibility until they are handed over to relevant administration units.

Article 48. Responsibilities of investors

1. Investors shall inspect and urge contractors throughout the course of construction, ensuring the observance of legal provisions on assurance of traffic order and safety during the construction on roads in operation. If contractors commit violations and have been given cautions by competent road administration agencies but fail to promptly stop their violations and let more traffic accidents occur during construction, investors shall consider sanctioning them under economic contracts or report thereon to competent authorities for appropriate handling.

2. Upon conclusion of construction contracts, investors shall reach agreement with construction contractors on articles and clauses on sanctioning of contract breaches if the regulations on assurance of traffic and traffic safety during construction of works within the land of roads are not fully observed, thus causing traffic accidents and congestion.

Chapter VII

INSPECTION OF TRAFFIC SAFETY

Article 49. Competence to decide on and organize traffic safety inspection

1. For newly built, upgraded or renovated roads

a/ For national highways, persons competent to decide on investment shall decide on projects to be inspected in terms of traffic safety; state management agencies with the function of managing road works shall assume the prime responsibility for inspecting traffic safety for projects in which investment is decided by the Ministry of Transport. Investors shall decide to select stages of projects for traffic safety inspection and organize the inspection (including projects implemented under BOT, BT or BTO contracts);

b/ For local roads, provincial-level People’s Committees shall decide on projects to be inspected in terms of traffic safety. Investors shall decide to select stages of projects for traffic safety inspection and organize the inspection (including projects implemented under BOT, BT or BTO contracts);

c/ For special-use roads, agencies, organizations or individuals owning special-use roads shall decide on projects to be inspected in terms of traffic safety and decide to select stages of projects for traffic safety inspection.

2. For roads in operation

a/ The Ministry of Transport shall decide on and organize traffic safety inspection for expressways;

b/ The Vietnam Road Administration shall decide on and organize traffic safety inspection for national highways (except expressways);

c/ Provincial-level People’s Committees shall decide on and organize traffic safety inspection for urban, provincial and district roads.

Article 50. Grounds for traffic safety inspection

1. For newly built, upgraded or renovated roads

a/ Decision of a competent agency specified in Clause 1, Article 49 of this Circular on traffic safety inspection and stages of projects for traffic safety inspection;

b/ Project dossier: Report on work construction investment, basic design, technical design (for works with three-step designs) or construction drawing design (for works with one- or two-step designs) and documents related to the project.

For traffic safety inspection prior to the acceptance and handover of roads for operation, there must be minutes on site inspection between the traffic safety appraisal organizations and investors or representatives of investors, construction contractors, designing consultants and supervision consultants;

c/ Vietnam construction regulations, national technical regulations and relevant compulsory standards applicable to projects under decisions of competent bodies;

d/ The traffic safety appraisal plan and fund estimate prepared by the investor; if consultants are hired to formulate such plan and fund estimate, the investor shall organize the evaluation of such plan and estimate before submitting them to competent authorities for approval.

2. For roads in operation

a/ Decision of a competent agency specified in Clause 2, Article 49 of this Circular, on roads or road sections selected for traffic safety inspection;

b/ Construction completion dossier or road administration record of the agency directly managing such road or road section and traffic accident files;

c/ Traffic safety appraisal plan and fund estimate, formulated by the road administration organization.

Article 51. Traffic safety appraisal reports

A traffic safety appraisal report contains the following basic contents:

1. General information on the project:

a/ Name of the project and the working stage inspected;

b/ Names of the appraisal director and the appraisers.

2. Basic information:

a/ List of gathered documents used for the appraisal (relevant reports and drawings);

b/ Brief description of proposals;

c/ Details of site survey and assessment;

d/ Findings and recommendations;

e/ Notification of problems identified during the site surveys and from documentary examination. Pictures or video clips can be used in support of this job;

f/ Recommendations (if any) for repair and remedy;

g/ Official notice.

A notice of the appraisal organization of the completion of appraisal work must clearly indicate the day, month, year of appraisal completion and the signatures of the appraisal manager and appraisers.

Article 52. Order of traffic safety appraisal or inspection

At each stage of traffic safety inspection, the order of appraisal or inspection involves certain steps; depending on each specific project, a number of steps can be combined or skipped (see guidance in Appendix 6 to this Circular, not printed herein).

Article 53. Order of traffic safety appraisal or inspection for projects on new construction, upgrading, renovation

1. Agencies competent to decide on projects shall inspect traffic safety and decide on stages for traffic safety inspection.

2. Investors shall approve traffic safety appraisal plans and fund estimates; select traffic safety appraisal organizations according to the Law on Bidding; the two sides shall exchange ideas on inspection contents and conclude contracts on traffic safety appraisal.

3. Investors and designing consultants (and contractors supplying drawings on completion of construction at the stage prior to putting the works in operation) shall provide project dossiers and all other information related to the projects to the traffic safety appraisal organizations.

4. Traffic safety appraisal organizations shall scrutinize project design dossiers and other relevant information, consider all road users and project the operation of works in relation to adjacent areas and related road networks.

5. Traffic safety appraisal organizations shall conduct site inspections to examine and know the relationship between the project and subsequent road users and adjacent areas. Particularly for the stage of inspection before putting roads in operation, inspection must also be carried out at night.

6. Traffic safety appraisal organizations shall coordinate with designing consultants and contractors at the stage before putting roads in operation in examining the projects’ impacts on traffic safety and nearby works. For the stage of traffic safety appraisal before putting roads in operation, participation of the road administration agency to receive the road for administration is required.

7. Traffic safety appraisal organizations shall make reports on traffic safety appraisal, clearly stating conclusions on existing problems related to traffic safety, proposals and remedies, aiming to raise traffic safety of the projects; send the reports to investors, designing consultants and contractors at the stage before putting roads in operation.

8. Competent agencies shall organize the evaluation of traffic safety appraisal reports and issue documents on contents of the reports.

9. Designing consultants and contractors at the stage prior to putting roads in operation shall issue documents on their acceptance of proposals and recommendations stated in decisions approving the results indicated in traffic safety appraisal reports and modify the project dossiers. In case of disagreements, designing consultants and contractors shall send documents to investors, clearly explaining proposals and recommendations they do not agree upon. Investors shall consider and decide within the scope of their jurisdiction. In case of disagreement, they shall report to agencies competent to decide on investment for consideration and decision.

Article 54. Order of traffic safety appraisal or inspection in the process of operation

1. The selection of roads in operation for traffic safety inspection shall be carried out in the following order:

a/ Road administration agencies (expressway administration agencies; road administration sections and provincial-level Transport Departments, for national highways assigned to them for management; provincial-level Transport Departments, for local roads, or road administration organizations (investors and project enterprises, for roads in operation under BOT or BTO contracts; agencies, organizations and individuals with special-use roads) shall propose to competent authorities (defined in Clause 2, Article 49 of this Circular) roads in need of traffic safety inspection;

b/ Competent authorities shall select and decide on roads to be inspected in terms of traffic safety; the selection must comply with the provisions of Clause 2, Article 13 of Decree No. 11/2010/ND-CP.

2. Road administration agencies or organizations shall formulate or hire others to formulate traffic safety appraisal plans and fund estimates, then submit them to competent authorities for approval; select traffic safety appraisal organizations according to the Law on Bidding. Road administration agencies or organizations shall exchange ideas with traffic safety appraisal organizations on appraisal contents and conclude economic contracts on traffic safety appraisal.

3. Road administration agencies or organizations shall provide dossiers on the roads to be inspected in terms of traffic safety and all other relevant information on such roads to traffic safety appraisal organizations.

4. Traffic safety appraisal organizations shall review and examine dossiers and other relevant information, taking into consideration all types of road users and the operation of works from the perspective of traffic safety.

5. If the roads being appraised meet all criteria for road traffic accident black spots (according to regulations on survey, determination and handling of black spots), site inspection and consideration should be carried out in the black spot-handling order.

6. Traffic safety appraisal organizations shall conduct site inspections (both in daytime and at night) in order to clearly identify safety problems or characteristics which may cause traffic accidents.

7. Traffic safety appraisal organizations shall coordinate with agencies directly managing roads, local traffic safety committees and traffic police in discussing and considering the traffic safety situation of the appraised roads.

8. Traffic safety appraisal organizations shall make traffic safety appraisal reports clearly stating the conclusions on existing traffic safety problems, proposals and remedies aiming to increase safety for the roads. Traffic safety appraisal reports shall be submitted to road administration agencies or organizations.

9. Road administration agencies or organizations shall examine and make reports on evaluation of traffic safety appraisal reports and submit them to competent authorities.

10. Competent authorities organize the evaluation of traffic safety appraisal reports and issue documents on contents of the reports. If recommendations stated in the traffic safety appraisal reports are approved, competent authorities shall determine the priority order for such suggestions and plan funds for renovation of the roads.

Article 55. Contents of traffic safety appraisal and inspection at the stage of formulating work construction investment reports

Contents of traffic safety appraisal and inspection at the stage of formulating investment reports of projects (restricted) shall be based on plans for projected investment scales (outline of the basic design). Traffic safety inspection jobs are similar to those at the stage of formulating work construction investment projects defined in Article 56, but their contents are just general.

Article 56. Contents of traffic safety appraisal and inspection at the stage of formulating work construction investment projects or work construction econo-technical reports

1. General solutions regarding the technical scale of projects

a/ Appropriateness of the plan on the road running through limited points, inter-sections and distances between inter-sections (grade inter-sections, overpasses, interchanges… );

b/ Rationality of the design plan for works on the road, water drainage system, geological, climate and hydrological conditions; scenic and environmental impacts of service facilities, roads leading to residential quarters and other areas; passages for fire engines and ambulances; possibility for future road expansion.

2. Geometrical characteristics of the ground drawing, vertical profile, typical cross-section and changes therein, traffic arrangement, designing standards.

3. Driver’s visibility, transitional sections, observation and response.

4. Visibility upon entry and visibility at inter-sections, general layout, cross-section.

5. Assessment of impacts of roadside works, facilities for pedestrians, rudimentary and motor vehicles.

6. Safety during construction, demonstrated through general safety solutions in the course of construction (bypasses, makeshift bridges, arrangement of construction grounds, signboards, traffic lights and control…).

7. Other safety aspects not yet mentioned.

Article 57. Contents of traffic safety appraisal and inspection at the stage of technical designs (for works with three-step designs) or construction drawing design (for works with one- or two-step designs) and during construction

1. Changes compared to the stage of formulating the work construction investment projects or work construction econo-technical reports are matters related to water drainage systems, geological, climate and hydrological conditions; scenic and environmental impacts of service facilities, roads running through residential quarters and other areas, passages for fire engines and ambulances; possibility of future expansion of works; traffic safety coefficient, charts of theoretical vehicular speeds.

2. Specific matters in geometrical characteristics of the ground drawing, elevation, typical horizontal profiles, changes in cross-section, general layout, road kerb and pavement treatment; focusing on appraisal or inspection of traffic safety assurance conditions when a number of technical specifications on road designs are lessened in Rmin, Rconvex, Rconcave, visibility design and elevation; negative and positive talus positions with great embankment or excavation heights.

3. Road direction details: transitional sections, drivers’ observation and response, details of geometrical design and handling at bridge and sluice positions.

4. Inter-sections and points of connection:

a/ Visibility when cars approach inter-sections and visibility at inter-sections, general layout of inter-sections (interchanges and overpasses), roads leading to inter-sections, driver’s observation and response, details of geometrical designs of intersections, traffic islands and lighting;

b/ Positions of points of connection, analysis of rationalities and irrationalities of such technical specifications related to traffic safety as distances between inter-sections,  positions of points of connection, structure, technical elements on ground drawing, vertical and horizontal profiles, vertical slope and connection sections.

5. Assessment of impacts of roadside facilities, traffic safety facilities for pedestrians, rudimentary and motor vehicles:

a/ Assessment of impacts of facilities which encroach upon the road safety corridors as provided for in the Government’s Decree No. 11/2010/ND-CP, making full statistics on facilities lying within the road safety corridors before and after the construction (studying ground clearance plans);

b/ Evaluation of impacts of mixed vehicular flows, the decrease of actual speeds as compared to design and traffic safety of mixed flows.

6. Signs, painted lines, lighting lamps and traffic control: To detect irrationalities of the traffic safety system, putting forth specific proposals (adjustment or addition) for improving the traffic safety system before putting the works in operation;

7. Other works: works close to the vehicle lane likely to affect traffic safety, such as median strips, anti-collision fences, parapets, corrugated edges, and safety solutions proposed by designing consultants.

8. Bridge, tunnel and sluice design details: To appraise the rationality of the locations of these works, sloping degrees of roads at both ends of bridges, tunnels, roads to and from bridges and sizes of bridge, tunnel or sluice structures.

9. Traffic safety during construction: Arrangement of construction equipment, activities during construction, traffic management and administration, specific solutions to traffic safety (bypasses, makeshift bridges and construction chains), paying special attention to renovated or upgraded roads.

10. Traffic safety problems not yet mentioned.

11. Reports on appraisal or inspection results must contain assessments of impacts on traffic safety, proposing maximum speeds for vehicles when projects are completed.

Article 58. Contents of traffic safety appraisal at the stage before acceptance, handover and operation of works

1. Traffic safety appraisal organizations shall assume the prime responsibility for, and coordinate with different units, including investors, traffic police, supervision consultants, construction units and units assigned to directly manage the work operation in, examining the contents stated in the traffic safety appraisal reports of the previous stages for comparison with construction results at the site (comparing the approved design dossiers with the sites and actual situation on roads), paying attention to traffic organization and control for rudimentary vehicles and pedestrians; turn lanes, car stops, obstacles, road surface damage, and encroachment upon road safety corridors.

2. Proposals on additional solutions or adjustments in order to ensure maximum traffic safety before putting works in operation.

Article 59. Contents of traffic safety appraisal in the course of road operation

Organizations assigned to appraise traffic safety shall assume the prime responsibility for, and coordinate with units directly managing roads in, considering and examining the contents in the approved traffic safety appraisal plans, comparing the design dossiers (construction completion dossiers) with the sites and vehicular flows, actual traffic on road, encroachment upon road safety corridors on both sides of roads (including bridge, sluice… safety corridors) for timely detection of traffic risks and dangers, paying attention to traffic organization and control for rudimentary vehicles and pedestrians, side lanes, turns, car stops, obstacles to visibility, billboards (urban areas) and connection to priority roads, irrationalities in technical elements newly arising in the course of operation, road surface damage and locations of encroachment upon road safety corridors.

Article 60. List of contents to be examined in the course of road safety appraisal and inspection

The list of contents to be examined in the course of road traffic safety appraisal and inspection is provided in Appendix 7 to this Circular (not printed herein).

Chapter VI

IMPLEMENTATION PROVISIONS

Article 61. Effect

1. This Circular takes effect 45 days from the date of its signing.

2. This Circular replaces:

a/ Circular No. 13/2005/TT-BGTVT of November 7, 2005, of the Minister of Transport, guiding a number of articles of Decree No. 186/2004/ND-CP;

b/ Decision No. 04/2006/QD-BGTVT of January 9, 2006, of the Minister of Transport, promulgating the Regulations on assurance of traffic safety upon construction of works within land areas reserved for roads;

c/ Decision No. 36/2005/QD-BGTVT of July 21, 2005, of the Minister of Transport, providing for the naming and numbering of roads;

d/ Decision No. 23/2007/QD-BGTVT of May 7, 2007, of the Minister of Transport, promulgating the Regulations on road traffic safety inspection.

Article 62. Organization of implementation

1. The director of the Ministry’s Office, chief inspector and directors of departments of the Ministry, chairpersons of provincial-level People’s Committees, the general director of the Vietnam Road Administration and heads of concerned agencies or organizations and related individuals shall implement this Circular.

2. Any problems arising in the course of implementation should be reported to the Vietnam Road Administration for summarization and reporting to the Ministry of Transport for consideration and settlement.-

Minister of Transport
HO NGHIA DUNG