Circular 06/2023/TT-BGTVT amend Circulars concerning management and protection of roads

CIRCULAR

Amending and supplementing a number of articles of Circulars concerning management, operation, maintenance and protection of roads

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

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Directors of the Transport Infrastructure Department and the Department for Roads of Vietnam;

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of circulars concerning management, operation, maintenance and protection of roads.

Article 1. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 26/2012/TT-BGTVT dated July 20, 2012 defining the determination and handling of dangerous places on road in operation

1. To amend and supplement Clause 2 Article 9 as follows:

“2. Based on the number of collisions, traffic accidents in a year (12 months), the severity of the number of deaths, the number of injured persons, the value of damaged property, and comparing them with the criteria specified in Article 4 and Article 5 of this Circular, preliminarily arrange the order of priority for handling and report to the direct road management agencies (Sub-departments for Roads, provincial-level Departments of Transport, for national highways under their management; provincial-level Departments of Transport for local road systems), investors for roads in operation under PPP project contracts, agencies, organizations or individuals with special-use roads.”.

2. To amend and supplement Point a Clause 1 Article 14 as follows:

“a) The Department for Roads of Vietnam, for the system of national highways; the Vietnam Expressway Authority, for expressways under decentralization and authorization;”.

3. To amend and supplement Clause 3 Article 17 as follows:

“3. The Department for Roads of Vietnam and the Vietnam Expressway Authority shall take responsibility specified at Point a Clause 1 Article 14 of this Circular.”.

4. To amend and supplement Article 21 as follows:

“Article 21. Organization of implementation

1. Chief of Ministry Office, Chief Inspector of Ministry, Directors of Departments, Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority, Chairpersons of People’s Committees of provinces and centrally-run cities, heads of agencies and organizations, relevant individuals shall implement this Circular.

2. Any problem arising in the course of implementation should be promptly reported to the Department for Roads of Vietnam or the Vietnam Expressway Authority for synthesizing and reporting on it to the Ministry of Transport for consideration and decision./.”.

Article 2. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 11/2014/TT-BGTVT dated April 29, 2014 guiding the design, construction and pre-acceptance test of rural footbridges (amended and supplemented in Circular No. 38/2015/TT-BGTVT dated July 30, 2015)

1. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Clause 1 Article 33.

2. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in Clause 2 Article 33.

Article 3. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 12/2014/TT-BGTVT dated April 29, 2014 guiding the management and operation of bridges on rural roads

To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Article 25.

Article 4. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 17/2014/TT-BGTVT dated May 27, 2014 defining the criteria of professional titles in highway weigh stations

To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 12.

Article 5. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 22/2014/TT-BGTVT dated June 06, 2014 guiding the formulation of operation process for ferry landing stages, cross-river passenger landing stages using single-ended ferries to carry passengers and cars

1. To amend and supplement the title of Article 15 as follows:

“Article 15. Responsibilities of the Department for Roads of Vietnam”.

2. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Clause 1 Article 24.

Article 6. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 32/2014/TT-BGTVT dated August 08, 2014 guiding the management and operation of rural roads

To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Article 25.

Article 7. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 84/2014/TT-BGTVT dated December 31, 2014 defining traffic organization and installation of road signs indicating maximum weight limits crossing land bridges

1. To amend and supplement Clause 15 Article 3 as follows:

“15. Agencies and units directly managing bridges (hereinafter referred to as agencies directly managing bridges) include: The Vietnam Expressway Authority, Sub-departments for Roads, provincial-level Departments of Transport, district-level People's Committees, commune-level People's Committees, investors for PPP projects and other agencies and units assigned the task by competent authorities.”.

2. To amend and supplement Clause 2 Article 8 as follows:

“2. Installation of weight limit road signs

a) Sub-departments for Roads shall install weight limit road signs on the system of national highways under their management;

b) Provincial-level Departments of Transport shall implement the installation on the systems of national highways and local roads under their management;

c) District-level People's Committees, commune-level People's Committees and other agencies and units (assigned by competent authorities) shall implement the installation on the local road systems under their management;

d) Investors shall implement the installation for PPP projects or special-use roads;

dd) The Vietnam Expressway Authority shall implement the installation on expressways under decentralization and authorization.”.

3. To amend and supplement Point a Clause 4 Article 8 as follows:

“a) The Department for Roads of Vietnam, for bridges in the system of national highways (including PPP projects); the Vietnam Expressway Authority, for expressways under decentralization and authorization (including PPP projects);”.

4. To amend and supplement Article 9 as follows:

“Article 9. Organization of implementation

1. The Department for Roads of Vietnam shall direct the installation of weight limit road signs nationwide and organize the implementation on the system of national highways.

2. The Vietnam Expressway Authority shall direct and organize the installation of weight limit road signs on expressways under decentralization and authorization.

3. Sub-departments for Roads and provincial-level Departments of Transport shall guide and inspect the installation of weight limit road signs in the system of local roads, special-use roads in localities under their management.

4. Sub-departments for Roads (for the system of national highways), the Vietnam Expressway Authority (for expressways under decentralization and authorization), provincial-level Departments of Transport (for the system of local roads) shall update the bridges subject to weight limits and weight limits and announce them on their websites and immediately report to the Department for Roads of Vietnam for timely updating and announcement nationwide.

5. The Department for Roads of Vietnam, the Vietnam Expressway Authority shall, on an annual basis, synthesize the reviewing, adjustment and announcement of load-bearing capacity of bridges and roads; report on them to the Ministry of Transport before March 31 of the next year.”.

6. To amend and supplement Clauses 4 and 5 Article 10 as follows:

a) To amend and supplement Clause 4 as follows:

“4. Chief of Ministry Office, Chief Inspector of Ministry, Directors of Departments, Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority, Directors of Sub-departments for Roads, Directors of provincial-level Departments of Transport, heads of agencies and organizations, relevant individuals shall implement this Circular.”;

b) To amend and supplement Clause 5 as follows:

“5. Any problem arising in the course of implementation should be promptly reported to the Ministry of Transport, the Department for Roads of Vietnam, the Vietnam Expressway Authority for guidance on settlement./.”.

Article 8. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 90/2014/TT-BGTVT dated December 31, 2014 guiding a number of provisions on management, operation and maintenance of expressway facilities (amended and supplemented in Circular 45/2018/TT-BGTVT dated August 13, 2018)

1. To amend and supplement Point a Clause 1 Article 7 as follows:

“a) The Department for Roads of Vietnam shall implement the announcement, for centrally-managed expressways;”.

2. To amend and supplement Clause 4 Article 7 as follows:

“4. For expressway facility construction investment projects with project owners being the Ministry of Transport or People’s Committees of provinces and centrally-run cities, agencies or organizations assigned to directly manage the capital for construction investment shall formulate dossiers of request for announcement of putting expressways into operation under Clause 2 of this Article, submit them to the Department for Roads of Vietnam and People’s Committees of provinces and centrally-run cities for decision.”.

3. To amend and supplement Point a Clause 2 Article 10 as follows:

“a) The Department for Roads of Vietnam shall approve the traffic organization plan for centrally-managed expressways at the request of their project owners and investors;”.

Article 9. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 08/2015/TT-BGTVT dated April 14, 2015 defining rescue activities and estimate norms for rescue activities on expressways

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Vietnam Expressway Authority” in Clause 2 Article 2, Point a Clause 4 Article 6, Clause 2 Article 10.

2. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Vietnam Expressway Authority” in Clause 1 Article 10.

Article 10. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 46/2015/TT-BGTVT dated September 07, 2015 defining load-bearing capacity and size limits of roads; operation of overloaded and oversized vehicles, caterpillars on the roads; transportation of extra-long and extra-heavy cargo; limitation of loading of cargoes on vehicles joining in road traffic (amended and supplemented by the Circular 36/2020/TT-BGTVT dated December 24, 2020)

1. To amend and supplement Article 6 as follows:

“Article 6. Announcement of load-bearing capacity and size limits of roads and technical status of grade crossings

1. The Department for Roads of Vietnam shall announce load-bearing capacity and size limits of national highways; update load-bearing capacity and size limits of roads and technical status of grade crossings nationwide on its website.

2. The Vietnam Expressway Authority shall announce load-bearing capacity and size limits of expressways under decentralization and authorization; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website.

3. The Vietnam Railway Authority shall announce the technical status of level crossings in Vietnam’s railway network; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website.

4. Provincial-level People's Committees shall announce load-bearing capacity and size limits of local roads and send the data to the Department for Roads of Vietnam, the Vietnam Expressway Authority for update of information on their websites.”.

2. To amend and supplement Article 7 as follows:

“Article 7. Adjustment of announcement of load-bearing capacity and size limits of roads and technical status of grade crossings

1. The Department for Roads of Vietnam shall update the load-bearing capacity and size limits of roads and technical status of grade crossings nationwide on a biannual basis (before June 20 and December 20 every year).

2. The Vietnam Expressway Authority shall update the load-bearing capacity and size limits of expressways under decentralization and authorization; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website on a biannual basis (before June 15 and December 15 every year).

3. The Vietnam Railway Authority shall update the technical status of level crossings in Vietnam’s railway network; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website on a biannual basis (before June 15 and December 15 every year).

4. Provincial-level Departments of Transport shall update the load-bearing capacity and size limits of their local roads; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website on a biannual basis (before June 15 and December 15 every year).

5. Investors of PPP projects shall update the load-bearing capacity and size limits of roads under their management and send the data to provincial-level Departments of Transport (for local roads), the Department for Roads of Vietnam (for national highways), the Vietnam Expressway Authority (for expressways under decentralization and authorization)
for updating of the data on websites of the Department for Roads of Vietnam and the Vietnam Expressway Authority on a biannual basis (before June 10 and December 10 every year).

6. For bridges on road lines and line sections that have been announced but not been renovated and upgraded in sync with the announced load-bearing capacity and size limits of roads, the road administration agency must post signs indicating load-bearing capacity and size limits of bridges.”.

3. To amend and supplement Article 22 as follows:

“Article 22. Competence to grant vehicle circulation permits

“1. Directors of provincial-level Departments of Transport, Directors of Sub-departments for Roads shall grant permits for vehicle circulation on road network nationwide.

2. Grant of vehicle circulation permits in special cases serving security, national defense, energy works, natural disaster prevention and control, search and rescue shall be decided by the Director of Department for Roads of Vietnam.”.

4. To amend and supplement Clauses 3 and 4 Article 23a (added in Circular No. 36/2020/TT-BGTVT dated December 24, 2020) as follows:

a) To amend and supplement Clause 3 as follows:

“3. Reporting subjects: Sub-departments for Roads, provincial-level Departments of Transport.”;

b) To amend and supplement Clause 4 as follows:

“4. Report-receiving agency: The Department for Roads of Vietnam.”.

c) To amend and supplement Article 26 as follows:

“Article 26. Organization of implementation

1. The Department for Roads of Vietnam shall:

a) Organize, inspect and supervise the implementation of regulations in this Circular; assume the prime responsibility for, and coordinate with the vehicle circulation permit-granting agencies in, connecting data transmission networks to the Department for Roads of Vietnam; manage data relating to the grant of vehicle circulation permits in accordance with regulations;

b) Organize training to implement the Circular; guide vehicle circulation permit-granting agencies to use the software used for grant of vehicle circulation permits;

c) Regularly, periodically and irregularly inspect and supervise the licensing activity of vehicle circulation permit-granting agencies; handle or propose the handling of violations of organizations and individuals granting vehicle circulation permits in accordance with laws.

2. Sub-departments for Roads and provincial-level Departments of Transport shall:

a) Comply with this Circular;

b) Publicize procedures, fees and time for grant of vehicle circulation permits;

c) Implement storage and reporting regime in accordance with regulations; connect, preserve passwords and update data from the data network granted by the Department for Roads of Vietnam;

d) Comply with and create favorable conditions for inspection, examination and supervision of vehicle circulation permit grant by functional agencies.

3. Chief of Ministry Office, Chief Inspector of Ministry, Directors of Departments; Directors of the Department for Roads of Vietnam, Vietnam Expressway Authority, Vietnam Register, Vietnam Railway Authority; Directors of  provincial-level Departments of Transport, heads of agencies and organizations, relevant individuals shall take responsibility for the implementation of this Circular.

4. Any problem arising in the course of implementation should be promptly reported to the Ministry of Transport for consideration and settlement./.”.

Article 11. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 50/2015/TT-BGTVT dated September 23, 2015 guiding the implementation of a number of articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010, on the management and protection of road infrastructure facilities (amended and supplemented in Circulars No. 35/2017/TT-BGTVT dated October 09, 2017, No. 13/2020/TT-BGTVT dated June 29, 2020, No. 39/2021/TT-BGTVT dated December 31, 2021)

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in:

a) Clause 6 Article 20 (amended and supplemented in Clause 3 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

b) Clause 3 Article 22 (amended and supplemented in Clause 5 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

c) Clause 1 Article 25 (amended and supplemented in Clause 8 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

d) Point a Clause 2 Article 26 (amended and supplemented in Clause 9 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

dd) Clause 6 Article 18; Clause 6 Article 26; Point c, Point d, Point dd Clause 4 Article 28; Point b, Point d Clause 1 Article 31; Point b Clause 1, Point b Clause 2 Article 54; Clause 2 Article 65;

e) Appendix 5.

2. To replace the phrase “Departments for Roads” with the phrase “Sub-departments for Roads” in:

a) Point a Clause 2, Clause 3 Article 13 (amended and supplemented in Clause 2 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

b) Point e Clause 1 Article 24 (amended and supplemented in Clause 7 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

c) Clause 1 Article 25 (amended and supplemented in Clause 8 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

d) Point b Clause 2 Article 26 (amended and supplemented in Clause 9 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021);

dd) Clause 1 Article 27; Point c Clause 3 Article 28; Clause 6 Article 29; Clause 1 Article 31; Clause 1 Article 35; Point b Clause 2 Article 54; Point e Clause 1 Article 55;

e) Appendix 5.

3. To replace the phrase “Divisions for Roads” with the phrase “Offices for Roads” in Appendix 5.

4. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Clause 1 Article 65.

5. To amend and supplement Point b Clause 7 Article 10 as follows:

“b) From the stage of project preparation, project owners must reach an agreement about route direction, scale, technical standards and other issues related to the national highway with the Department for Roads of Vietnam (for national highways), the Vietnam Expressway Authority (for expressways under decentralization and authorization);”.

6. To amend and supplement the title of Clause 2 Article 13 (amended and supplemented in Clause 2 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021) as follows:

“2. The Department for Roads of Vietnam shall approve the construction of essential works within the protected area of road infrastructure facilities of national highways in the following cases:”.

7. To add Clause 2a after Clause 2 Article 13 as follows:

“2a. The Vietnam Expressway Authority shall approve the construction of essential works within the protected area of road infrastructure facilities of expressways under decentralization and authorization.”.

8. To amend and supplement Clause 1 Article 14 (amended and supplemented in Clause 2 Article 1 of Circular No. 13/2020/TT-BGTVT dated June 29, 2020) as follows:

“1. Agencies competent to grant construction permits shall be the Vietnam Expressway Authority, Sub-departments for Roads, provincial-level Departments of Transport that are assigned to manage national highways, expressways, roads invested, built and operated in the form of public-private partnership within their management.”.

9. To amend and supplement Clause 4 Article 16 as follows:

“4. The Vietnam Expressway Authority, Sub-departments for Roads, provincial-level Departments of Transport shall approve and license the construction of temporary advertisement billboards within the road safety corridor of national highways being under operation within their management.”.

10. To amend and supplement Clauses 1 and 2 Article 18 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Before submitting projects of construction, upgrading, renovation of road works within the land area reserved for roads (except for projects of which the Ministry of Transport or Department for Roads of Vietnam is the investment deciding authority or project owner) to competent authorities for approval, the project owners shall send a dossier of request for approval of scale and design solution to the Department for Roads of Vietnam (for national highways) or the Vietnam Expressway Authority (for expressways under decentralization and authorization) for consideration and settlement.”;

b) To amend and supplement Clause 2 as follows:

“2. The project owner or the construction contractor of road works on the national highway in operation must request a construction permit from the Vietnam Expressway Authority, Sub-departments for Roads or provincial-level Departments of Transport assigned to manage the route.”.

11. To amend and supplement Point c Clause 1 Article 20 (amended and supplemented in Clause 3 Article 1 of Circular No. 39/2021/TT-BGTVT dated December 31, 2021) as follows:

“c) Do not connect to national highway lines or line sections that have been planned as expressways, except for special cases including national important projects, group-A projects, group-B and group-C transport projects (in accordance with the Public Investment Law) that will be connected to collector roads and feeder roads when the national highway lines and line sections are built and completed according to standards for expressways;”.

12. To amend and supplement Point b Clause 3 Article 26 as follows:

“b) Decision on connection points to the national highway approved by the provincial-level People’s Committee (certified true copy or a copy attached to the original for comparison);”.

13. To amend and supplement Clause 2 Article 31 as follows:

“2. Responsibilities of the Department for Roads of Vietnam and the Vietnam Expressway Authority

a) The Department for Roads of Vietnam shall, based on regulations of this Circular, organize the management and protection of road infrastructure facilities for national highways;

b) The Vietnam Expressway Authority shall, based on regulations of this Circular, organize the management and protection of road infrastructure facilities, for expressways under decentralization and authorization.”.

14. To amend and supplement Point c Clause 2 Article 45 as follows:

“c) Past the time limit specified at Point a of this Clause, it is required to obtain an approval of the Department for Roads of Vietnam (for national highways), the Vietnam Expressway Authority (for expressways under decentralization and authorization) or provincial-level Departments of Transport (for local roads).”.

Article 12. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 29/2017/TT-BGTVT dated September 01, 2017 on training of traffic safety investigators and management of certificates of traffic safety investigator

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” at Point a Clause 3 Article 5; Point c Clause 1 Article 6; Clause 1 Article 7; Clause 8 Article 8; Point c Clause 1, Point c Clause 2 Article 9; Article 12.

2. To amend and supplement the title of Article 9 as follows:

“Article 9. Responsibilities of the Department for Roads of Vietnam”.

3. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Article 13.

Article 13. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 37/2018/TT-BGTVT dated June 07, 2018 defining the management, operation and maintenance of road works (amended and supplemented in Circular No. 36/2020/TT-BGTVT dated December 24, 2020, Circular No. 41/2021/TT-BGTVT dated December 31, 2021)

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam, the Vietnam Expressway Authority” in:

a) Clause 5 Article 2;

b) Clauses 1 and 2 Article 25 (amended and supplemented in Article 4 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020).

2. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam (for national highways), the Vietnam Expressway Authority (for expressways under decentralization and authorization) at:

a) Point a Clause 1 Article 8;

b) Point a Clause 2 Article 8 (amended and supplemented at Point b Clause 7 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021);

c) Point a Clause 1 Article 22.

3. To replace the phrase “Departments for Roads” with the phrase “Sub-departments for Roads” in:

a) Clause 5 Article 2; Point b Clause 1, Clause 2 Article 5; Point a Clause 1 Article 18;

b) Point b Clause 4 Article 19 (amended and supplemented at Point a Clause 13 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021);

c) Clause 1 Article 25 (amended and supplemented under Article 4 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020).

4. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” at:

a) Point c Clause 6 Article 16 (amended and supplemented under Clause 9 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021);

b) Point a, Point c, Point d, Point dd Clause 2 Article 17 (amended and supplemented in Clause 11 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021);

c) Point a Clause 1 Article 18;

d) Point b, Point c, Point d Clause 4 Article 19 (amended and supplemented at Point a Clause 13 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021).

5. To amend and supplement the title of Clause 1 Article 5 as follows:

“1. Responsibilities of the Department for Roads of Vietnam”.

6. To add Clause 1a after Clause 1 Article 5 as follows:

“1a. Responsibilities of the Vietnam Expressway Authority

a) Organize the management and operation of expressway facilities under decentralization and authorization;

b) Inspect and guide units, enterprises investing in construction, managing and operating works in the management, operation and maintenance of expressway facilities decentralized or authorized; ensure safe and smooth traffic; ensure the compliance with regulations of maintenance procedures, operating procedures, standards and technical regulations;

c) Handle according to their competence or propose competent agencies to handle organizations and individuals violating the management, operation and maintenance of expressway facilities decentralized or authorized;

d) Exercise other rights and responsibilities for the management and operation of expressway facilities under decentralization and authorization in accordance with relevant laws.”.

7. To amend and supplement the title of Clause 2 Article 17 (amended and supplemented in Clause 11 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021) as follows:

“2. Prepare, approve and adjust road work maintenance plans using central budget:”.

8. To annul the phrase “appraisal,” at Point d Clause 2 Article 17 (amended and supplemented in Clause 11 Article 1 of Circular No. 41/2021/TT-BGTVT dated December 31, 2021).

9. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 29.

Article 14. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 04/2019/TT-BGTVT dated January 23, 2019 on regulations on patrol and inspection for protection of road infrastructure facilities

To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 12.

Article 15. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 31/2019/TT-BGTVT dated August 29, 2019 on safe distance and speed applicable to motor vehicles and special-use vehicles joining in road traffic

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” at Point b Clause 4 Article 10.

2. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 13.

Article 16. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 48/2019/TT-BGTVT dated December 17, 2019 defining criteria for supervision and pre-acceptance test of road infrastructure facility asset maintenance results by implementation quality and application of forms of road infrastructure facility asset maintenance

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in Clause 3, Clause 4 Article 2.

2. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 5.

Article 17. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 39/2020/TT-BGTVT dated December 31, 2020 on methods of formulating price plans and managing prices of public non-business services of management and maintenance of road infrastructure facilities and services of operation of ferry landing stages in the system of national highways using the central budget’s current expenditure fund upon placement of orders

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in Clause 1, Point b Clause 2 Article 13.

2. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Article 15.

Article 18. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 40/2020/TT-BGTVT dated December 30, 2020 on bidding or placement of orders for public non-business service provision of operation of ferry landing stages under the Ministry of Transport’s management that is covered by the central budget’s current expenditure fund

1. To replace the phrase “Director General of the Directorate for Roads of Vietnam” with the phrase “Director of the Department for Roads of Vietnam” in Clause 2 Article 7, Clause 1 Article 9, Article 11.

2. To replace the phrase “Directors of Departments for Roads” with the phrase “Directors of Sub-departments for Roads” in Clause 2 Article 9.

Article 19. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 44/2021/TT-BGTVT dated December 31, 2021 on promulgating the norms of regular road administration and maintenance

To replace the phrase “Director General of the Directorate for Roads of Vietnam” with “Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority” in Article 4.

Article 20. Implementation provisions

1. This Circular takes effect on July 01, 2023.

2. Chief of Ministry Office, Chief Inspector of Ministry, Directors of Departments, Director of the Department for Roads of Vietnam, Director of the Vietnam Expressway Authority, Directors of Departments of Transport, Departments of Transport and Construction of provinces and centrally-run cities, heads of agencies and organizations, relevant individuals shall implement this Circular./.