Circular No. 48/2012/TT-BGTVT dated November 15, 2012 of the Ministry of Transport promulgation of national technical regulation on roadside station

CIRCULAR

PROMULGATION OF NATIONAL TECHNICAL REGULATION ONROADSIDE STATION

Pursuant to the Law on Standards and Technical Regulation dated June 29, 2006;

Pursuant to Decree No. 127/2007/ND-CP of August 1, 2007 of the Government detailing the implementation of a number of articles of the Law on Standards and Technical Regulation;

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

At the proposal of the Director of Department of Science and Technology and the General Director of theDirectorate For Roads of Vietnam;

The Minister of Transport issues the Circular on "national technical regulation on roadside station",

Article 1.Issuing together with this Circular the national technical regulation on roadside station - Number: QCVN 43: 2012/BGTVT.

Article 2.This Circular takes effect from May 15, 2013; Annulling Chapter IV. Regulation on roadside station in Circular No.24/2010/TT-BGTVT of August 31, 2010 of the Minister of Transport regulating bus stations, car parks, roadside stations and road transport support services.

Article 3. Chief of the Ministry Office, Ministry Chief Inspector, Directors of Departments, General Director of the Directorate For Roads of Vietnam, Heads of agencies, organizations and individuals concerned shall implement this Circular. /.

QCVN 43: 2012/BGTVT

NATIONAL TECHNICAL REGULATION ON ROADSIDE STATION

Introduction

QCVN 43: 2012/BGTVT is written by the Directorate For Roads of Vietnam, assessed by the Ministry of Science and Technology, issued by the Ministry of Transport under Circular No. 48/2012/TT-BGTVT of November 15, 2012.

ANNEX

I.GENERAL PROVISION

1.1. Scope of adjustment

1.2. Subject of application

1.3. Reference

1.4. Explanation of terms

II. TECHNICAL REGULATION

2.1. General Regulation

2.2. Regulation on basic works items

2.2.1. Public service works

2.2.2. Commercial service works

2.2.3. Auxiliary works

2.3. Regulation on minimum and works items

2.3.1. Classification and scope of application of each type of roadside station.

2.3.2. Regulation on parking lotand the wayin andoutofparking lot

2.3.3. Regulation on the rest place for driver and passenger.

2.3.4. Regulation on toilet area

2.3.5. Regulation on information supply area

2.3.6. Regulation onproduct introduction and sale area.

2.3.7.Regulation onfood and beverage service area

2.3.8.Regulation on fuel stations, maintenance and repair workshop and car wash.

2.3.9. Regulation on water drainage and supply.

2.4.Regulation onfire prevention and environmental hygiene.

III. REGULATION ON MANAGEMENT

3.1. Content of management

3.1.1. Regulation on the type of unit management and operation of the roadside station.

3.1.2. Announcement authority to put the roadside station into operation.

3.1.3. Procedures for announcement of putting the roadside station into operation.

3.1.4. Regulation on inspection and monitoring activities of the roadside station.

3.2.Responsibilities of state management

3.2.1. Responsibility of the Ministry of Transport

3.2.2.Responsibilities of theDirectorate For Roads of Vietnam

3.2.3.Responsibilitiesof People s Committees of centrally affiliated provinces and cities.

3.3.3.Responsibilitiesof Service of Transport of centrally affiliated provinces and cities.

3.3.Responsibilities of investors, operating units and users ofroadside station.

3.3.1. Responsibilities of investors

3.3.2. Responsibilities of operating units of roadside station.

3.3.3. Responsibilities of users of roadside station.

IV. IMPLEMENTATION ORGANIZATION

ANNEX

NATIONAL TECHNICAL REGULATION

ON ROADSIDE STATION

I. GENERAL PROVISION

1.1. Scope of adjustment

This Regulation stipulates the conditions of facilities; requirements to be complied with in the investment, new construction, renovation or upgrading of roadside station.

1.2.Subject of application

This regulation applies to organizations and individuals who invest, newly build, improve, upgrade, manage and operate roadside station; the agencies, organizations and individuals related to the use of services, testing and inspect standards and announce the eligibility for operation of roadside station system within Vietnam.

1.3. References

1.4.Explanation of terms

a)Roadside station is the works of road transport infrastructure, which is built along the highway or provincial road to provide the services for people and vehicles involved in traffic.

b)Way in and out of roadside station is the road connected from the main road, turnout or road leading to the roadside station.

c)Parking lot: A place for road vehicles parking when the drivers of vehicles and passengers using the service at the roadside station.

d)Information supply area is the place where documents, books, newspapers, maps and other audio, visual equipment are placed.

e)Product introduction and sale area is the place of display, introduction and sale of souvenirs, local products where located the roadside station and other goods.

II. TECHNICAL REGULATION

2.1.General regulation

2.1.1.Roadside station must be built according to roadside station plan approved by the competent authority.

2.1.2.The connection pointsof the way in and out of the roadside station with the national highway must be carried out in accordance with the provisions of Circular No. 39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport. The connection points of the of the way in and out of theroadside station with other roads (except national highway) must comply with the provisions of the competent state management agencies.  Where theroadside stations are used for vehicles c in both directions of the highway, there must be overhead or underground road at the intersection with the highway to cross the road. (Under the provisions of Articles 11 and 13 ofTCVN 4054: 2005).

2.1.3. Roadside stations have the following basic functions:

a) Supply of rest services;

b) Management of road transportation;

c) Supply of information;

d) Support of local social and economic development;

đ) Promotion of local cultural identity

2.1.4.The works and equipment ofroadside station must be built and installed to ensure the quality and sustainability corresponding to the works level as prescribed atTCXDVN 276:2003and other relevant Regulation.

2.1.5.System of electricity, water, lighting and communication of roadside station must ensure uniformity, completion and compliance with the Regulation to be able to provide safe, continuous and stable services for people and vehicles in traffic as prescribed inQCVN 07: 2010/BXDandTCXDVN 276:2003.

2.1.6.The roadside stationmusthavefixed phone,mobile phonewavecoverage and radio equipment system.

2.2. Regulation on basic works items

The basic works items of the roadside station are divided into three groups:Public service works; commercial service works and auxiliary works, including required works from a to e as specified at point 2.2.1 of this Regulation (refer to the ground layout in Annex 1).

2.2.1. Public service works (supply of free of charge services)

a) Parking lot;

b) Rest space;

c) Temporary rest room for driver;

d) Toilet area;

e)Information supply area;

f) Organization and propagation of traffic safety area;

g)Duty place of traffic accident rescue and first aid employee

2.2.2. Commercial service works

a) Food and beverage service area;

b)Product introduction and sale area;

c) Fuel supply station;

d) Vehicles maintenance and repair workshop;

e)Vehicle washing area;

f) Bedroom for drivers and passengers staying overnight.

2.2.3. Auxiliary works (incentive)

a) Logo of locality and roadside station.

b) Production and processing local speciality area;

c)Nơi sinh hoạt cộng đồng (tổ chức hội chợ, hoạt động văn hóa).

Community event area(fair organization and cultural activities).

2.3. Regulation on minimum area and works items

2.3.1. Classification and scope of application of each type ofroadside station:

a) Theroadside station is divided into 04 types based on the minimum area and required works items for each type as in the following table:

b) Scope of application for each type of roadside station:

Scale and servicesupplycapacity of the station is calculated based on designofvehicleandpassengerflowover the route and the specific conditions of the area where theroadsidestationisbuilt, at the same time meetsthe followingRegulation:

-On provincial roads or district roadswiththeconstruction of roadside station of type 4 or more.

- On national highways having 01-02 lanesin each waywiththeconstruction of roadside station of type 3 or more

- On national highways having 03 lane or more in each way withtheconstruction of roadside station of type 2 or more.

2.3.2. Regulation on parking lot and way in and out of parking lot

a) Parking area: Appropriate design of parking direction to meet the parking need of each type of vehicle to ensure safety and convenience;

b) The minimum area foroneparking of passenger cars, trucks is 40 m²and 25m²for cars.There arepainted markingsto clearly define each parking position. There is private parking place forthedisabledwith a minimum area of​​25m²(AccordingtoQCVN 07:2010 / BXD);

c)Trafficwayin theroadside station musthave warning signs,painted markings; appropriate vehicle turn radius (but theminimum radiusisnot less than 10 metersfromthe center of the road specified in QCVN 07:2010 / BXD to ensure the safety of vehicles circulating in theroadside stationarea;

d) Wayinand outparking lots shall be designed in accordance with current Regulation and standards,ensure circulationandminimize conflicts between the incoming and outgoing vehicles and pedestrians.

2.3.3. Regulation on rest place of drivers and passengers

a) Temporary accommodation for the driver must be equipped with areclining chair, electric fans or air conditioners.

b) Rest space is a roofedarchitectural structurearea or tree planting and grass area with seats(not including the area of commercial services), the number ofseats is calculated basedon the flow ofcustomers androadside station, ensure resting place for passengerswhen not usingcommercial services of theroadside station.

2.3.4. Regulation on toilet area

a)Toilet areamust be located in places easily observed, convenient for use, at the same time avoid affecting the dining and resting areaof the passengers.Toilet areashallbearranged withmenandwomentoilet separatelyand ensuresthatthedisabledcanhaveaccesstouse;the toilet areaforthedisabled musthave signs in accordance with international convention;

b)Toiletareamust bewaterproof, dampproof,free fromfoul smelling, ventilated.Walls, floors and equipmentmust be alwaysclean.The quantity and quality of sanitary equipment must conformwiththe provisions of eachkind of works in accordance withTCXDVN 276:2003;

c)The toilet areamust be directly andnaturallyventilated; if natural ventilation does not meet the requirements, themechanical ventilation must be used in accordance with TCVN 5687:2010;

d)Floor andwall toilets must usethe type ofmaterialwhich is watertight, dirt and erosionresistantandeasy tobecleaned;

e)Atlocations withsinkfor handwashing, there should betable, mirrorandhangers.

2.3.5. Regulation oninformation supply area

a) Information supply area: There must be area traffic map and book shelves to provide drivers, passengers and local people with information on the socio-economic situation, products and typical culture of localities, tourist sites, natural resources, traffic situation, roadside station system, the road network in the region and other information requested by the competent authorities.

b)Theinformationsupply areamust be locatedata convenient location for passengers toseeand easilyaccess;

c)Depending on the layout of theroadsidestation, the information supply room can be arranged separatelyor share space with other areas.

2.3.6. Regulation on product introduction and sale area

a)Thelayoutof furniture, shelvesandcounters mustensure 2 factors ofaestheticsand ventilation simultaneously. The layout of the interior spaceshould be movable, flexible andeasy to change when needed;

b)The purchasingspace must ensure convenienceforpassengersto travel, stand, look,choose,try andpurchaseproducts.

2.3.7. Regulation onfood and beverage service area

a)Food and beverage service area for passengers and drivers must be arranged in a separate area.

b)Food and beverage service area must be arranged dining table, chairs andlitter bin to ensure environmental hygiene.

c)Food processing area and passenger service are separated by a dwarf wall or arranged in separate area

d)Floor offood service area must use the material easy for cleaning;

e)The food service area must be naturally ventilated and equipped with cooling fan, smell exhauster. Depending on the specific requirements of each case, it is likely ventilated by mechanical methods and air conditioning equipment as specified in TCVN 5687: 2010;

f)The food service area must be clean and fully meet the environmental Regulation on hygiene. The food products for customer service must satisfy Regulation on hygiene and food safety.

2.3.8.Regulation on fuel station, repair and maintenance workshop and car wash area.

a)The design, construction and operation ofthe fuel supply area must be done in accordance with the relevant current Regulation of the State; the distance from the pump column and cluster of fuel tank of fuel supply area to other works must comply with the provisions of TCVN 4530:2011;

b)The fuel supply, maintenance and repair and car wash area must be arranged separately with the way in and out conveniently and not affect the common traffic inthe roadside station area.

2.3.9. Regulation onwater supply and drainage system.

a) The water supply and drainage system must ensure stable operation and be able to supply sufficient water for the use of the roadside station.

b)In case theroadside station operateswater resources to useby itself:thewater qualityfor food servicemust meet the quality criteria specified in QCVN 01: 2009/BYT andwater Qualityfor domesticservice must meet the quality criteria specified in QCVN 02: 2009/BYT;

c)The water drainage system of theroadside stationincludessewagedrainagesystem andrainwater drainage system and connectsto the localwaterdrainage system;

d) The water drainage system must ensurenostagnant water to interrupt the operation of theroadside station.

2.4. Regulation on fire prevention and environmental hygiene

a) The roadside station must have the concentrated system of wastewater collection and treatment as prescribed and rain water drainage system;

b)There are adequate equipment, facilities and labor forceto collectwastematerials andclean the environmentunderitsscope ofmanagement;

c) There are enough litter bins at all areas to ensure environmental hygiene.

d)For theroadside stationwith maintenance and repairworkshop, theremustbesystem for collection, storageandtreatment of hazardous waste (including: batteries, oil, tires, electronic components) specified in CircularNo.12/2011/TT-BTNMTof April14,2011 regulating thehazardous waste management.Having measures to minimize dust emissions, noise, light, and heatingrestrictions affectingthe surrounding environmentas specifiedin QCXDVN 05: 2008/BXD;

e)The roadside stationmustbe built and installed withfire fighting equipment in accordance with the provisions ofQCVN 06:2010 / BXD and TCVN 2622:1995;

f)PostingRegulation on hygienemaintenancein the roadside stationarea.

III. REGULATION ON MANAGEMENT

3.1. Management content

3.1.1. Regulation on type of management and operating unit of roadside station

The unit directly managing and operating roadside station must be enterprise or cooperative.

3.1.2. Announcement competence to put roadside station into operation.

a) The Directorate for Roads of Vietnam shall announce toputroadside station into operation.

b)Serviceof Transportofthecentrally affiliatedprovinces and citiesshallannounceto put roadside stations on all routes (excluding roadside stations on national highway)under local managementinto operation.

3.1.3. Procedure for announcement toroadside station into operation.

3.1.3.1.Procedure for 1^stannouncement

Including 02 steps:

a) Step 1: Before construction

-For theroadside stationson thenational highways: To ensure compliance with the approved plan, the investmentandconstruction unit ofroadside station shallsend a written requestforapproval ofbuilding location to theDirectorate for Roads of Vietnam. Within 05 working days from the date of receipt of a written requestforapproval ofbuilding location, theDirectorate for Roads of Vietnam shall have written approval. In case of refusal, there must be a replyin writing stating the reasons.

-For theroadside stationson local routes, theapproval ofbuilding location is done by allowing the constructioninvestmentof the localcompetentauthorities.

- As for roadside stations as works items in the highway construction project approved by the competent authorities, it is not required to carry out this step.

Note:

1)The written approvalfortheroadside stationbuilding location onlydetermines the expectedlocation forstation construction is in accordance with the approved plan and doesnot replacethe written approvalfor theconnection of the way in and out of the roadside station with traffic roads.

2)For theroadside stations that arebuilt before thetime thecompetent authoritiesannouncethe roadside stationsystem planning shall still be considered forannouncement of conformity with theprocedures specified in step 2, if approvedinwriting by the localServiceof Transport where theroadside stations are located.

b) Step 2: After completion of construction.

The business and operating units of roadside station shall submit dossier to request the announcementto put the roadside station into operation to the competent authorities.

*)The dossier includes:

-Written announcement proposal to put the roadside station into operation (under the form prescribed in Annex 2)

-Written approvalforconnection of way in and out of roadside stationwith thetraffic roadof thecompetent authorities.

-General site plan and technical design of the roadside station.

- Decision onpermission for construction investment of thecompetent authorities.

- Record of construction acceptance.

-A comparison of the technical provisions of this Regulation with the worksof theroadside stations(underthe form prescribed in Annex3).

- Business registration certificate of the business and operating unit of theroadside station.

- Regulation on management and operation issued by the roadside station.

*)Handling process of announcement request dossier.

-Within 10 working daysfrom thereceipt ofcomplete dossieras prescribed,thecompetentauthorities shallinspect and record the inspection.In caseafter inspection, iftheroadside stationdoes not meet the technical Regulationfortheroadside station,whichthe operatingunithasproposed, the criteriawhichdo not meet the requirements, must be specified in the inspectionrecord andimmediatelynotified totheoperatingunitoftheroadside station.

-After inspection, if theroadside station complieswith the technical provisions of thetype of roadside station, whichthe operatingunithasproposed, within 05 working days from the end day of the inspection, the competent authorities shall issue decision on announcement to put the roadside station into operation (under form prescribed in Annex 4). This decision shall be valid within 03 years from the signing date.

3.1.3.2. Procedure for re-announcement

Beforethebusiness and operation time limit expires60 days (according to the terms stipulated in the decisiononannouncementtoputtheroadside station intooperation),thebusinessand operatingunits of roadside station shall submit dossier topropose furtherannouncementtoput the roadside station into operationto the competent authority.

a) Dossier requesting re-announcement includes:

- Written proposal for further announcement to put the roadside station into operation (under the form prescribed in Annex 5)

- General site plan and technical design of construction works, renovation of roadside station.

- Decision to allow the construction investment and renovation of the competent authority(if there is any change compared with previous announcement).

-Record of acceptance ofconstructionworksand renovation(if there is any change compared with previous announcement).

- A comparison of the technical provisions of this Regulation with the works of the roadside station (if there is any change compared with previous announcement).

- Report on operation result (under form prescribed in Annex 6).

b)The processto handledossiersrequesting re-announcementis implementedthe sameastheprocessto handledossierto propose dossiersfirstannounced.

3.1.4.Regulation on inspection, monitoring operation of roadside station

a)The Serviceof Transport and thecentrally-affiliatedprovinces and citiesshallguide and require theoperatingunitsofroadside station in the local area to make periodic reportonoperation result, situation of security and order, maintenance and investment, improvement of material facilities, the implementation of the provisions of regulationon roadside stationand other necessary contents;

b)The Serviceof Transport and thecentrally-affiliatedprovinces and citiesshallset up hotlines and announce contactande-mail address of staff or complaint and denunciationreceiving divisionof the people on the operation of theroadside station.Theroadside stationmust clearlylisthotline phone number, contactande-mail address provided by theServiceof Transportat theinformationsupply areaofroadside station;

c)The competentState management agencies, theroad inspectionforcesshall organize periodic and irregularinspection oftheroadside station, detect and promptly handle violations to ensure the roadside stations always maintain and comply with provisions of Regulationon roadside station and other relevant laws

d)Depending on the seriousness of the violation of the provisions of Regulationon roadside station,theagency announcing to putthe roadside station into operationhasthe right toremind  andrequire correctionor revoke the decisiononannouncementtoputtheroadside stationinto operation for the violation of the operating unit of theroadside station;

e)The competent authorities announcingtoputtheroadside station into operation shallperiodically inspect and assess the operation and compliance of Regulation of the operating unit of the roadside station for every3 years. Based on theinspectionresults, the authoritiesshallrevoke the decisiononannouncementtoputtheroadside station into operationor further announce toputtheroadside station into operation.

3.2. Responsibilities of state management

3.2.1. Responsibilities of the Ministry of Transport

a)Approval of theroadside stationsystem planning onnational highways;

b)Inspectionand examinationthe observance of the Regulation on management, operation and business of roadside station

3.2.2. Responsibilities of Directorate for Roads of Vietnam

a) Assuming the prime responsibility and coordinatingwith localities to develop the roadside stationsystem planning onnational highways for submissionto the Ministry of Transport for approval;

b)Performingspecialized state management functions for the operation of theroadside stationsin the country;

c)The decisiononannouncement to put roadsidestations into operation on thenational highways.The written announcement shall besimultaneously sent to the localServiceof Transportformanagement coordination;

d) Making statisticsandsynthesisof data, Regulation andguidance for the way of codingfor the systemofroadside stationin the country;

e)Organizing periodic and irregularinspection andexamination and handlingviolations of theoperatingunits of roadside stationin the country.

3.2.3.Responsibilities of People s Committees of centrally-affiliated provinces and cities

a) Approvingroadside station planning system on road routes (excluding roadside stations on national highways) under local management.

b)Identifying and managing land reserve for the roadside station construction projects in accordance with the approved plans.

3.2.4. Responsibilities of Service of Transport of centrally-affiliated provinces and cities

a)Developing roadside station planning system on road routes (excludingroadside stationsonnational highways) underthelocal management;

b)Decisiononannouncement to putroadsidestations into operation on the routes(excludingroadsidestations onnational highways) under local management.The written announcement shall besimultaneously sent to theDirectorate for Roads of Vietnam formanagementcoordination;

c)Performingspecialized state management functions for the operation of theroadside stationsin thelocal area;

d) Organizing periodic and irregular inspection and examination for operating units of roadside stations in the local area.

3.3.Responsibilities of investors, operating units and users of roadside station

3.3.1. Responsibilities of investors

a)Investing in construction of roadside stations in accordance with roadside station system planning approved and in conformity with the provisions of this Regulation.

b) Investing in construction of roadside stations must ensure the compliance with the management order of construction investment and other relevant Regulation of the law; ensure the progress, works quality and environmental protection.

3.3.2. Responsibilities of operating units of roadside stations

a) Ensuring security and order, social safety, preventing fire and explosion at roadside station.

b) Ensuring food safety and hygiene, environmental sanitation at the roadside station;

c)Providingfree services at all times for people wishing to use as prescribedatpoint 2.2.1 of this Regulation;

d)Regularlymaintaining,repairing and supplementingequipment, facilities;publicizing and propagating law andimprove professional skills for employees to maintain andraiseservice qualityof roadside stations;strictlyimplementingtheState Regulation on roadside stations;

e)Listing price of products, business services at theroadside stations as prescribed, listing rules of roadside stations;

e) Being under management, inspection and examination of the competent State authorities;

g)Making monthly, quarterly and annual reports on thesituation ofactivitiestothelocal Service ofTransport.Making report onsituation ofactivities at theirregularrequest of theDirectorate for Roads of Vietnam and local Service ofTransport.

3.3.3. Responsibilities of the users of roadside stations

a) Maintaining security and order, environmental hygiene, preventing fighting and explosion in the roadside station area.

b) Complying with the rules, Regulation and guidelines of the employees at the roadside station.

IV. IMPLEMENTATION ORGANIZATION

4.1. TheDirectorate for Roads of Vietnam shall assume the prime responsibility and coordinate with Department of Science and Technology –Ministry of Transport and relevant agencies to make guidance for implementation of this Regulation.

4.2. During the process of application of this Regulation, if there is any problem arising, the Directorate for Roads of Vietnam shall summarize and make proposal to the Ministry of Transport for amendment and supplementation.

4.3.Where the standards, Regulation, legal documents cited in thisRegulation havechanged, supplemented or replaced,the new text shall apply.

4.4. The roadside stations which have been announced before the effective date of this Regulation must complete procedures to be re-announced before December 31, 2013.