Decree 117/2021/ND-CP amending Decree 11/2010/ND-CP prescribing the management and protection of road infrastructure facilities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, providing the management and protection of road transport infrastructure facilities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the November 14, 2017 Law on Planning;

Pursuant to the June 15, 2018 Law Amending and Supplementing a Number of Articles of Thirty-Seven Laws Concerning Planning;

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, providing the management and protection of road transport 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, providing the management and protection of road transport infrastructure facilities

1. To amend and supplement Clause 3, Article 26 as follows:

“3. Projects on urban centers, industrial parks, economic zones, residential areas, trade-service centers and other works must be formulated under approved master plans and have their own systems of access roads located outside road safety corridors. Project owners shall build these access roads without using land areas reserved for roads to build auxiliary works and connecting roads. In case of necessity to use land reserved for roads to build connecting roads to national highways, points of connection to national highways must comply with decisions of provincial-level People’s Committees as specified in Article 29 of this Decree.”.

2. To amend and supplement Article 29 as follows:

“Article 29. Connection to national highways      

1. Roads to be connected to national highways include:

a/ Provincial, district, commune and urban roads;

b/ Special-use roads;

c/ Access roads;

d/ Roads from areas and works serving national defense and security and socio-economic development.

2. Provincial-level People’s Committees shall issue decisions approving points of connection to national highways in conformity with approved master plans, adhering to the principles and meeting the requirements on connection to national highways under the Minister of Transport’s regulations; and take responsibility for the connection, ensuring traffic safety and traffic flow of these roads.

In case points of connection are located in areas with topographical conditions unfavorable for building access roads for the reason that road safety corridors are divided by high mountains, abysses, rivers, streams, railways and other obstacles that are difficult to remove, or points of connection are from works serving national defense and security, works of national key works, important construction works for local socio-economic development that can hardly satisfy requirements on connection to national highways, provincial-level People’s Committees shall make decisions after soliciting the Ministry of Transport’s opinions.

In case a point of connection is located within a national highway project implemented in the form of public-private partnership (PPP), the provincial-level People’s Committee shall make a decision after reaching agreement with the competent agency of the PPP project.

3. The designing and construction of junctions must comply with current standards, technical regulations and designing requirements on motorways, ensuring traffic flow and safety.

4. Passageways from houses may only be connected to national highways through loop-lines or access roads. When forming or expanding administrative boundaries of urban centers, provincial-level People’s Committees shall use their existing local roads or build access roads along national highways to minimize the direct connection to national highways.

5. For national highway projects that are under construction, upgrading, renovation or route redirection, or projects on construction of detour sections, right from the stage of project formulation, project owners or agencies assigned to prepare projects shall base themselves on approved master plans to determine locations and sizes of junctions where loop-lines are connected to national highways.

6. Based on decisions approving points of connection to national highways of provincial-level People’s Committees, organizations and individuals assigned to use such points of connection shall make and send dossiers to competent agencies in charge of road transport for consideration and approval of designs and plans on organization of traffic at such points of connection to national highways.

7. The management and use of land areas for building loop-lines connected to national highways specified in this Article must comply with the land law.”.

3. To add Clause 4a to below Clause 4, Article 31 as follows:

“4a. To examine the observance, handle or request the handling of violations of regulations on connection to national highways according to its competence; to request provincial-level People’s Committees to annul decisions on connection to national highways in contravention of regulations, close points of connection built in contravention of regulations, and repair and restore the original state of national highways.”.

4. To add Clause 2a to below Clause 2, Article 40 as follows:

“2a. To connect roads to national highways under regulations; to annul decisions on connection to national highways in contravention of regulations and be responsible for damage caused by such decisions.”.

Article 2. To annul Articles 5, 6 and 7; Clause 4, Article 28, and Article 37, of the Government’s Decree No. 11/2010/ND-CP of February 24, 2010, providing the management and protection of road transport infrastructure facilities.

Article 3. Transitional provisions

Provincial-level People’s Committees shall review and promulgate decisions approving points of connection of roads to national highways to replace master plans on points of connection incorporated in provincial master plans under the Government’s Resolution No. 110/NQ-CP of December 2, 2019, and points of connection agreed upon by the Ministry of Transport before the effective date of this Decree for continued organization of connection of roads to national highways.

Article 4. Implementation provisions

1. This Decree takes effect on February 15, 2022.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH