Decree No. 100/2013/ND-CP of September 3, 2013, amending and supplementing 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 GOVERNMENT

Decree No. 100/2013/ND-CP of September 3, 2013, amending and supplementing 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 December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Transport,

The Government promulgates the Decree amending and supplementing 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.

Article 1. To amend and supplement 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

1. To amend and supplement Clauses 3 and 4, Article 14 as follows:

“3. For roads under construction, upgrading or renovation, investors shall determine boundaries of land areas reserved for roads and perform the following jobs:

For land areas of roads, investors shall carry out procedures for requesting competent agencies to recover land and pay compensations in accordance with the land law.

For land areas of road safety corridors: Investors shall place boundary markers for handover to localities and road administrations for management under regulations applicable to road corridors under operation. In case works and other assets within road safety corridors directly affect traffic safety or safety of road works, investors shall determine the extent of impacts and coordinate with local land management agencies in carrying out procedures to request competent agencies to pay compensations for damage caused by limited land use capacity or damage to land-attached assets in accordance with the land law.

For roads currently in use, road administrations shall assume the prime responsibility for, and coordinate with local land management agencies in, determining boundaries of land areas for roads and road safety corridors, and planning the performance of the following jobs:

a/ Reviewing and determining boundaries of land areas of roads; carrying out procedures to request competent agencies to recover land and provide compensations and supports in accordance with the land law;

b/ Reviewing and determining boundaries of land areas for road safety corridors; placing boundary markers for handover to localities and road administrations for management under planning; carrying out procedures to request competent agencies to pay compensations for damage caused by limited land use capacity or damage to land-attached assets in accordance with the land law.”

2. To amend Article 15 as follows:

“Article 15. Road safety corridor limits

A road safety corridor means land strips along both sides of a road used to assure traffic safety and protect road works. Road safety corridor limits are determined under the approved road planning and prescribed as follows:

1. For roads outside urban centers: Depending on their planned technical grades, the width of a road safety corridor measured from the road land to each side is:

a/ 17 meters, for grade-I and grade-II roads;

b/ 13 meters, for grade-III roads;

c/ 9 meters, for grade-IV and grade-V roads;

d/ 4 meters, for under grade-V roads.

2. For urban roads, the road safety corridor limit is the red boundary line under the approved planning.

3. For expressways outside urban centers, the safety corridor limit is:

a/ 17 meters, measured from the expressway land to each side of the expressway;

b/ 20 meters, measured from the outer edge of the outmost structure to each side, for viaducts and tunnels;

c/ For expressways with roadside ways, their safety corridors are determined based on technical grades of the roadside ways under Clause 1 of this Article but must not be smaller than the safety corridor limits prescribed at Points a and b, Clause 3 of this Article.

4. For expressways in urban centers, the safety corridor limit is:

a/ Not smaller than 10 meters measured from the outer edge of the outmost structure to each side, for tunnels and viaducts;

b/ The red boundary line under the approved planning, for tunnels and viaducts with roadside ways and expressways with roadside ways;

c/ From the outer edge of the expressway surface to the red boundary line but must not be smaller than 10 meters, for expressways without roadside ways.

5. For roads with safety corridors overlapping safety corridors of railways, their boundaries are delimited on the principle of prioritizing railway safety corridors, which, however, must not overlap the road works.

In case a road and a railway are adjacent and share a longitudinal trench, the boundary between their safety corridors is the bottom edge of the trench on the higher roadbed side. If the heights of the two safety corridors are equal, the boundary between such corridors is the bottom edge of the trench on the railway side.

6. For roads with safety corridors overlapping inland waterway protection corridors, the safety corridor boundary is the natural bank edge.

7. Dealing with expressway safety corridors determined under regulations before the effective date of this Decree:

a/ For approved projects for which payment of ground clearance compensations has been completed or is underway, their safety corridors are kept unchanged as approved;

b/ For approved projects for which ground clearance compensations are not yet paid, investors shall re-approve their safety corridors or submit them to competent authorities for re-approval according to this Decree.”

3. To amend and supplement Point b, Clause 2, Article 16 as follows:

“b/ Widthwise, for bridge sections over land, including those over infrequently submerged land areas, and bridges spanning rivers or canals without waterway navigation, the safety corridor is 7 meters from the outer edge of the outmost bridge railing to each side; for bridge abutments, the safety corridor is the same as that of urban roads; for other bridge sections, the safety corridor complies with Point b, Clause 1 of this Article.”

4. To add the following Articles 25a, 25b, 25c and 25d below Article 25:

“Article 25a. Temporary use of part of pavements not for traffic purpose

1. The temporary use of part of pavements not for traffic purpose must not cause disordered or unsafe traffic.

2. Pavements may temporarily be used not for traffic purpose in the following cases:

a/ For disseminating the Party’s line and policies and the State’s laws. The duration of temporary use must not exceed 30 days. The extension of such temporary use duration must be approved by the Ministry of Transport (for national highways) or provincial-level People’s Committees (for local roads);

b/ For organizing funerals and being used as parking lots serving funerals organized by households. Such temporary use duration must not exceed 48 hours, or 72 hours in special cases;

c/ For organizing weddings and being used as parking lots serving weddings organized by households. Such temporary use duration must not exceed 48 hours;

d/ For being used as parking lots serving cultural activities, sport tournaments, parades or festivals. Such temporary use duration must not exceed that of such activities;

dd/ For being used as places for transshipping construction materials and scraps serving construction of works of households. Such temporary use duration must be between 22:00 hours to 6:00 hours.

3. The locations of pavements permitted to be temporarily used not for traffic purpose must satisfy the following conditions:

a/ The remaining pavement area for pedestrians must be at least 1.5 meters wide;

b/ The pavements have the force-bearing structures suitable for temporary use.

4. Before temporarily using part of pavements as prescribed at Points b and c, Clause 2 of this Article, households shall notify such to People’s Committees of wards or communes. For the cases specified at Points a, d and dd, Clause 2 of this Article, provincial-level People’s Committees shall prescribe administrative procedures for permission for temporary use of pavements.

Article 25b. Temporary use of part of roadways not for traffic purpose

1. The temporary use of part of roadways not for traffic purpose must not cause disordered or unsafe traffic.

2. Roadways may temporarily be used not for traffic purpose in the following cases:

a/ For being used as parking lots serving cultural activities, sport tournaments, parades or festivals. Such temporary use duration must not exceed that of such activities;

b/ For being used as places for urban environmental hygiene enterprises to collect household garbage. Such temporary use duration must be between 22:00 hours to 6:00 hours.

3. The locations of roadways permitted to be temporarily used not for traffic purpose must satisfy the following conditions:

a/ Not pertaining to the national highways crossing urban centers;

b/ The remaining roadway section for vehicles must be wide enough for 2 lanes for vehicles on one way;

c/ The roadways have force-bearing structures suitable for temporary use.

4. Provincial-level People’s Committees shall provide administrative procedures for permission for temporary use of roadways prescribed in this Article.

Article 25c. Temporary use of part of pavements or roadways for parking services

1. Temporary use of part of roadways or pavements for provision of charged parking services must not cause disordered or unsafe traffic.

2. The locations of pavements or roadways permitted for temporary use have suitable force-bearing structures and must fully satisfy the following conditions:

a/ Not belonging to the national highways crossing urban centers;

b/ The remaining roadway section for vehicles must be wide enough for 2 lanes for motor vehicles and one lane for rudimentary vehicles on one way;

c/ The remaining street-pavement section for pedestrians must be at least 1.5 meters wide.

3. Provincial-level People’s Committees shall formulate, approve, and organize the implementation of, plans on temporary use of pavements and roadways toward 2023, and provide administrative procedures for permission for temporary use of pavements and roadways prescribed in this Article.

4. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the management and temporary use of part of pavements and roadways for provision of parking services and the collection and remittance of parking charges into the state budget.

Article 25d. Handling of cases in which permits for temporary use of part of roadways and pavements have been granted

1. If the conditions specified in Clauses 2 and 3, Article 25a, Clauses 2 and 3, Article 25b, and Clause 2, Article 25c, of this Decree are satisfied, current users of roadways or pavements may continue to use them and shall, upon the expiration of the use duration, carry out permit application procedures again.

2. If the conditions specified in Clauses 2 and 3, Article 25a, Clauses 2 and 3, Article 25b, and Clause 2, Article 25c, of this Decree are not satisfied, current users of roadways or pavements may continue to use them for not more than 30 days from the effective date of this Decree, and shall restore the original state of such roadways and pavements to assure traffic order and safety.”

Article 2. Implementation provisions

1. This Decree takes effect on October 20, 2013.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG