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.

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