Law on Roads, No. 35/2024/QH15

LAW ON ROADS^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Roads.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for road-related activities and the state management of road-related activities.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Road-related activities include activities of planning, investment, construction, management, use, operation, exploitation, maintenance and protection of road infrastructure; and road transport.

2. Roads include ways, road bridges, road culverts, road tunnels, ferry terminals, pontoon bridges, rescue roads, and road auxiliary facilities.

3. Road works include roads; facilities serving road management, operation and exploitation; facilities belonging to the intelligent transport system; physical facilities for road management; warehouses for road standby equipment and supplies; weigh stations; toll plazas, and other road works.

4. Road infrastructure includes road works; bus stations; parking lots; rest areas; bus stops; road land; road safety corridors, and auxiliary facilities serving road-related activities.

5. Road safety corridor means a land strip along both sides of land areas of a road, measured from the outer edge of the land area for road protection and maintenance to both sides to ensure road traffic safety and vehicle visibility and limit impacts on the surrounding environment.

6. Road management agency means an agency under the Ministry of Transport that assists the Minister of Transport in performing the state management of road-related activities; a specialized agency under a provincial-level People’s Committee; a specialized agency under a district-level People’s Committee; or a commune-level People’s Committee.

7. Road management and use unit means the owner directly managing, using, operating and exploiting road works or an organization/individual assigned to manage, use, operate and exploit road works.

Article 3. Principles of road-related activities

1. To ensure smooth, safe, connected, efficient and environmentally friendly traffic serving cargo transportation and the people’s convenient travel, thus contributing to socio-economic development, national defense and security assurance, environmental protection, disaster preparedness and international integration.

2. To develop roads as planned; to efficiently use resources; to connect the mode of road transport with other modes of transport; to intensify the application of advanced science and technology, ensuring civilized, modern and synchronized road-related activities.

3. To ensure uniform implementation on the basis of specific assignment of responsibilities and specific delegation of powers, while ensuring close coordination among ministries, sectors and local administrations at all levels.

4. All acts of violating the law on road-related activities shall be promptly detected and stopped and strictly handled in accordance with law.

Article 4. Development policies for road-related activities

1. Road infrastructure development policies include:

a/ To concentrate resources for developing road infrastructure to be modern, adaptive to climate change and environmentally friendly; to synchronously connect roads and combine other modes of transport with the mode of road transport;

b/ To formulate mechanisms for promoting the mobilization of social resources and diversifying forms and modes of investment, construction, management, operation, exploitation and maintenance of road infrastructure;

c/ To prioritize the development of expressways, and key road works and projects connecting areas, regions, large urban areas, and centers at home and abroad; road infrastructure in ethnic minority, mountainous, island and border areas; road infrastructure that is highly accessible and safe for vulnerable subjects; road infrastructure in urban areas for mitigation of traffic congestion; and border patrol routes and coastal roads to serve socio-economic development in combination with national defense and security assurance.

2. To rationally develop all types of transport business; to create an environment for fair competition among different types of by-automobile transport business; to develop intelligent transport; to prioritize the development of bus rapid transit, and other means of transport.

3. To encourage and create conditions for Vietnamese and foreign organizations and individuals to invest in and commercially operate road infrastructure and road transport activities; to research and apply advanced science and technology and sustainable and environmentally friendly materials, and train human resources in the field of roads.

Article 5. Road network master plans, road infrastructure master plans

1. Road network master plans:

a/ Road network master plan is a national sectoral master plan, identifying development orientations and spatial organization for the national highway system as a basis for setting orientations for formulation of road infrastructure master plans and development of the road network;

b/ The formulation, appraisal, approval and adjustment of road network master plans must comply with the planning law and ensure the connection of the mode of road transport with other modes of transport;

c/ The Ministry of Transport shall organize the formulation of road network master plans and submit them to the Prime Minister for approval.

2. Road infrastructure master plans:

a/ Road infrastructure master plan is a technical and specialized master plan, concretizing a road network master plan, and determining plans on development of road works and other road infrastructure facilities for different road routes;

b/ A road infrastructure master plan must have the following principal contents: determination of basic routes, main control points, and length and scale of the road route running through each locality and each region; preliminary determination of the scale of bridges, tunnels and ferry terminals on road routes; determination of main intersections; plans on connection of roads with other modes of transport and with the system of urban centers, economic zones and industrial parks; determination of land use demand, investment capital demand, and roadmap for implementation of the master plan; and solutions to implement the master plan;

c/ The Ministry of Transport shall organize the formulation of road infrastructure master plans and submit them to the Prime Minister for approval.

3. The period of a road infrastructure master plan is 10 years, with a vision of 20-30 years.

A road infrastructure master plan shall be reviewed once every 5 years for adjustment in conformity with the socio-economic development situation in each period and publicly announced.

4. Provincial-level People’s Committees shall organize the formulation of road development contents in traffic network development plans in relevant master plans in accordance with the planning law and other relevant laws.

Urban road development contents shall be included in relevant master plans in accordance with the law on urban planning and other relevant laws.

5. A master plan specified in this Article must ensure:

a/ Road traffic connection between urban centers, localities, areas and bus stations;

b/ Effective connection of different modes of transport, and identification of road routes connected to international border gates, main border gates, railway stations, airports, seaports, inland container depots and inland waterway ports.

6. The Government shall provide in detail contents of, and order and procedures for, formulation, appraisal, approval and adjustment of road infrastructure master plans.

Article 6. Road databases

1. Road databases shall be designed, developed and operated according to the Digital National Architecture Framework, including:

a/ Database on road network master plans and road infrastructure master plans;

b/ Database on road infrastructure investment and construction;

c/ Database on road infrastructure already put into operation;

d/ Database on road toll e-payment;

dd/ Databases on by-automobile transport activities, except the database on journeys of road vehicles and image of drivers and the database on management of continuous driving time of drivers as specified by law.

2. Road databases shall be connected and shared with databases on road traffic order and safety and other relevant databases.

3. The Government shall detail Clauses 1 and 2 of this Article; and provide the collection, management and exploitation of information in road databases.

Article 7. Prohibited acts

1. Sabotaging road infrastructure; exploiting and using road infrastructure in contravention of law.

2. Illegally making connections to main roads or feeder roads; illegally dismantling or relocating or deforming road works.

3. Carrying out illegal encroachment, occupancy or construction activities within the protection scope of road infrastructure.

4. Erecting, dismantling, relocating, adjusting or obscuring road signs and signals in contravention of law; mounting, hanging or erecting on road signs and signals the contents that are irrelevant to the meaning and purpose of road signs and signals or falsifying road signs and signals.

5. Conducting transport business by automobile or motorized four-wheeled vehicle without law-specified transport business licenses or conducting transport business in contravention of licenses.

6. Setting up pick-up and drop-off points or unloading points in contravention of law.

Chapter II

ROAD INFRASTRUCTURE

Section 1

CLASSIFICATION, NAMING AND CODES OF ROADS

Article 8. Classification of roads by management level

1. Roads classified by management level include national highways, provincial roads, district roads, commune roads, village roads, urban roads and special-use roads, which shall be determined as follows:

a/ National highways are roads connecting Hanoi Capital with provincial-level administrative centers; roads connecting provincial-level administrative centers; and roads important for socio-economic development and national defense and security assurance for regions and areas;

b/ Provincial roads are roads located within a province that connect the province’s administrative center with administrative centers of districts; and roads important for socio-economic development of the province;

c/ District roads are roads connecting the administrative center of a district with administrative centers of communes and commune clusters or with administrative centers of adjacent districts; and roads important for socio-economic development of the district;

d/ Commune roads are roads connecting the administrative center of a commune with villages and hamlets (below collectively referred to as villages) and rural settlements, or roads connecting with adjacent communes; and roads important for socio-economic development of the commune;

dd/ Village roads are roads within villages, trunk roads connecting villages with agricultural and forestry production areas and other production and business establishments in the villages;

e/ Urban roads are roads within administrative boundaries of inner-city areas, including urban expressways, streets and alleys in urban centers;

g/ Special-use roads are roads exclusively used for traffic for one or more than one agency, organization and individual and internal roads.

2. Local roads include provincial roads, urban roads, district roads, commune roads and village roads.

3. The Ministry of Transport shall manage national highways, except the national highways specified at Point a, Clause 4 of this Article, and the collector roads and side roads specified at Point c, Clause 4 of this Article.

4. Provincial-level People’s Committees shall:

a/ Manage provincial roads and national highway sections running through special-grade urban centers; national highways assigned to them for management; national highway routes and sections for which the construction of replacement bypass routes has been completed in conformity with the relevant road network master plan; national highway routes and sections no longer included in road network master plans, except national highways subject to special requirements on national defense and security assurance; national highway routes and sections assigned by the Prime Minister to provincial-level People’s Committees for management at the latter’s proposal to meet socio-economic development needs, ensure national interests, national defense and security, and localities’ resource allocation capacity; and national highway routes and sections already transferred as public assets to provincial-level People’s Committees for management in accordance with the law on management and use of public assets;

b/ Provide the management of urban roads, district roads, commune roads and village roads;

c/ Manage collector roads and side roads separately from national highways.

5. Road management and use units for special-use roads shall manage special-use roads in accordance with this Law and other relevant laws.

6. The Government shall detail this Article.

Article 9. Classification of roads by service function

1. Main roads are roads serving major traffic within areas, connecting traffic of regions and areas.

2. Feeder roads are roads connected to main roads, functioning to connect traffic in areas along both sides of main roads; and connecting traffic from collector roads to main roads through interchanges.

3. Collector roads are roads that connect the system of internal roads of urban areas, industrial parks, economic zones, residential areas and trade-service areas and other roads to main roads or feeder roads before being connected to main roads. Collector roads may be side roads as specified in Clause 4 of this Article.

4. Side roads are roads constructed next to main road sections to separate traffic in areas along both sides of such roads from main roads. Side roads are separated or partitioned from main roads by median strips, parapets or barriers.

5. Roads for public transport are roads serving all people and road vehicles in accordance with this Law and other relevant laws.

6. Internal roads are roads within condominium complexes, urban areas, industrial parks, economic zones, trade-service areas, agencies, organizations and units and exclusively serving subjects permitted to enter and exit the areas specified in this Clause.

7. Roads exclusively reserved for pedestrians and cyclists, and other roads.

Article 10. Technical grades of roads

1. Technical grades of roads shall be determined in road construction investment projects. The designing and construction of roads must comply with regulations on technical grades of road routes in approved road construction investment projects and conform to technical regulations and standards on technical grades of roads.

2. Technical grades of roads shall be specified in road design technical regulations and standards, including:

a/ Expressways;

b/ Roads of grades I, II, III, IV, V and VI;

c/ Urban roads;

d/ Roads of grades A, B, C and D, and other roads.

3. Technical grades of the roads specified at Points a, b and d, Clause 2 of this Article must comply with national technical regulations promulgated by the Minister of Transport and technical standards declared by competent authorities.

4. Technical grades of the roads specified at Point c, Clause 2 of this Article must comply with national technical regulations promulgated by the Minister of Construction and technical standards declared by competent authorities.

Article 11. Naming, renaming and codes of roads

1. Naming and codes of roads:

a/ Road names shall be given after names of famous personalities and people with meritorious services to the country; historical and cultural relics and events; place names or customary names. Road codes shall be given in natural numbers or natural numbers accompanied by letters when necessary. In case an urban road and another road are overlapped, both the name of the urban road and the name and code of another road may be used;

b/ Names and codes of roads in the international road network must comply with treaties between the Socialist Republic of Vietnam and related countries and international organizations. For roads connected to the international road network, both domestic and international road names and codes may be used.

2. In case there are overlapped road routes or sections, the names and codes of the roads managed by higher-level authorities shall be used, except the case specified at Point a, Clause 1 of this Article.

3. It is not mandatory to give names and codes for commune roads, village roads, internal roads and special-use roads; it is not mandatory to change the name or code of a road in case such road runs through a locality that is subject to dissolution, merger, division or administrative boundary adjustment under a competent authority’s decision.

4. The Government shall detail this Article.

Section 2

LAND AREAS RESERVED FOR ROAD INFRASTRUCTURE, PROTECTION OF ROAD INFRASTRUCTURE

Article 12. Land areas reserved for road infrastructure

1. Land areas reserved for road infrastructure must conform to road network master plans; provincial-level land use master plans and plans; district-level land use master plans and other relevant master plans.

2. Land areas reserved for road infrastructure in urban areas constitute part of land reserved for traffic as compared to land for urban construction.

3. The ratio of land reserved for traffic to land for urban construction must be between 11% and 26% and conform to standards on infrastructure development level and landscape architecture in inner-city areas of each type of urban centers in accordance with the law on urban planning and other relevant laws.

4. For special urban centers as defined by the National Assembly Standing Committee, the ratio of land reserved for traffic to land for urban construction must be at least 50% of the ratio specified in Clause 3 of this Article.

Article 13. Land reserved for road infrastructure

1. Land reserved for road infrastructure includes:

a/ Road land, including land areas for construction of road works and land areas for road protection and maintenance;

b/ Land for construction of bus stations; parking lots; bus stops; rest areas; and auxiliary facilities serving road-related activities;

c/ Road safety corridors.

2. The management and use of land reserved for road infrastructure must comply with the land law, the planning law, the law on urban planning, the construction law, this Law and other relevant laws.

3. In case due to natural location, the water drainage from road infrastructure facilities has to run through other real estate, the owner of such real estate shall make an appropriate water drainage channel and may neither obstruct nor prevent the water drainage system.

Road management and use units shall mitigate damage caused to real estate owners upon building and installing water drainage systems; if causing damage, they shall pay compensation in accordance with law.

Article 14. Land areas for road protection and maintenance

1. The width of a land area for road protection and maintenance outside urban areas depends on the technical grade of the road and shall be determined in adherence to the following principles:

a/ For a road with embankments, the land area for road protection and maintenance shall be measured outward from the foot of talus of the road’s embankments;

b/ For a road with excavation cuttings, the land area for road protection and maintenance shall be measured from the outermost edge of the drain-ditch on the talus top to the outside; where the drain-ditch on the talus top is not constructed, the land area for road protection and maintenance shall be measured outward from the top edge of the top of the above-road surface talus of the cuttings;

c/ For bridges, culverts, ditches, catch basins and work items of a road, the land area for road protection and maintenance shall be measured outward from the outer edge of the outermost structural part of the works; for viaducts and overpasses, the land area for viaduct/overpass protection and maintenance shall be measured outward from the outer edge of the foundation of abutments, pillars and outer edges of the bridge structures;

d/ For cases other than those specified at Points a, b and c of this Clause, the land area for road protection and maintenance is that located along the outer side of the road and at a distance from the roadside that is sufficient for the construction of drains but not narrower than 1 meter.

2. The land area for protection and maintenance of urban roads shall be determined in adherence to the following principles:

a/ For an urban road with pavements, part of the pavements shall be used for urban road protection and maintenance;

b/ For urban roads close to surrounding walls of houses or surrounding walls of other construction works, roads without pavements, roads located in alleys, or internal roads of urban residential areas, part of the road surface may be used for urban road protection and maintenance;

c/ For cases other than those specified at Points a and b of this Clause, the land area for road protection and maintenance is similar to that for non-urban roads;

d/ The land area for protection and maintenance of bridges, culverts, ditches, catch basins and work items of urban roads shall be determined under Point c, Clause 1 of this Article. In case bridges, culverts, ditches, catch basins and work items of urban roads are adjacent to other construction works, the land area for their protection and maintenance is boundaries of the works.

3. At overlapped and intersecting road sections, the land area for road protection and maintenance shall be determined for roads of higher technical grades; for adjacent roads, the land area for road protection and maintenance shall be measured outward from the edge of the outermost road section.

4. In case the land area for road protection and maintenance overlaps with the land area reserved for railways, the use of the land area for road protection and maintenance must not affect traffic safety and railway work safety.

5. In case the land area for road protection and maintenance is overlapped with the dike protection corridor, the use of the land area for road protection and maintenance must not affect the operation and safety of the dikes. In case the land area for road protection and maintenance is overlapped with the protection scope of hydraulic structures, the use of the land area for road protection and maintenance must not affect the operation and safety of hydraulic structures; if the operation and safety of hydraulic structures are affected, road management and use units, owners or managers of hydraulic structures shall take remedial measures to ensure the safety of road works and hydraulic structures, and traffic safety.

6. The land area for protection and maintenance of road tunnels, ferry terminals, pontoon bridges, embankments and retaining walls shall be determined as follows:

a/ The land area for protection and maintenance of a road tunnel depends on the grade of the road tunnel and shall be measured from the outer edge of the main tunnel gate, auxiliary tunnel gate, tunnel ventilation gate and other work items to the surroundings;

b/ The land area for protection and maintenance of a ferry terminal depends on the grade of the ferry terminal and shall be measured from the outer edge of the road to the wharf or wharf work; the land area for protection and maintenance of a pontoon bridge shall be measured from the outer edge of the road at the beginning of the pontoon bridge and the abutments and pillars of the pontoon bridge;

c/ In case a road has the land area for road protection and maintenance overlapped with an inland waterway work, the boundary of the land area for road protection and maintenance is the foot of the foundation of the road and road work items;

d/ The land area for protection and maintenance of embankments and retaining walls shall be measured from the outer edge of the outermost part of such embankments and retaining walls to the surroundings.

7. The Government shall detail this Article.

Article 15. Road safety corridors

1. The width of a road safety corridor shall be determined in adherence to the following principles:

a/ For a non-urban road, the road safety corridor’s width shall be measured from the outer edge of the land area for road protection and maintenance, depending on its scale and technical grade; in case there is no technical grade determined for the existing road, the road’s corresponding technical grade shall be determined based on the width of the road surface and road design standard for use as a basis for determining the road safety corridor’s width;

b/ For an urban road, the road safety corridor’s width shall be measured from the outer edge of the land area for protection and maintenance of the urban road to the red-line boundary which, however, is not larger than the corridor width of the non-urban road of the same level;

c/ For a bridge, ferry terminal or pontoon bridge, the road safety corridor’s width shall be determined according to the lengthwise and widthwise dimensions of the bridge/ferry terminal/pontoon bridge and depending on the river grade and scale of the bridge/ferry terminal/pontoon bridge; for a viaduct/overpass, the road safety corridor’s width shall be determined from the outer edge of the land area for viaduct/overpass protection and maintenance;

d/ For a road tunnel, the road safety corridor’s width shall be measured from the outer edge of the land area for road tunnel protection and maintenance to the surroundings;

dd/ For a road with embankments or retaining walls located within the land area reserved for road infrastructure, the road safety corridor’s width shall be measured from the outer edge of the embankments/walls outward but must not be larger than the road safety corridor’s width specified at Point a, b, c or d of this Clause;

e/ For village roads, alleys in urban areas and other roads not accessible by automobiles, road safety corridors are not required.

2. For roads with safety corridors overlapped with other works, their boundary delimitation must adhere to the following principles:

a/ For roads with safety corridors overlapped with railway safety corridors, the delimitation of their boundaries for management must adhere to the principle of prioritizing safety corridors for railways. The management and use of railroad safety corridors must not affect the quality of road works and traffic safety;

b/ For roads with safety corridors overlapped with inland waterway protection corridors, the management and use of inland waterway protection corridors must not affect the quality of works and traffic safety;

c/ For roads on dikes or roads with safety corridors overlapped with dike protection corridors, the delimitation of their boundaries for management must adhere to the principle of prioritizing dike protection corridors; in case the road safety corridor is larger than the dike protection corridor, the former shall be used for the delimitation;

d/ At overlapped and intersecting road sections, road safety corridors shall be determined for roads of higher technical grades; for adjacent roads, road safety corridors shall be determined based on outermost roads.

3. Determination and management of road safety corridor boundary markers

a/ Road safety corridor boundary markers shall be determined based on the scale, technical grade, route direction and construction scope of a road work;

b/ Road work construction project owners shall organize the planting of road safety corridor boundary markers within their projects; and hand over such markers to road management agencies or road management and use units;

c/ Road management agencies or road management and use units shall publicize road safety corridor boundary markers; and adjust and supplement road safety corridor boundary markers in the course of management, operation, exploitation and maintenance of road works;

d/ Road management agencies, road management and use units and People’s Committees at all levels shall manage road safety corridor boundary markers in accordance with this Law, the land law and other relevant laws.

4. The Government shall detail this Article.

Article 16. Management and use of land of road safety corridors

1. Land of road safety corridors that has been recovered by the State shall be managed and used in accordance with this Law, the land law, the law on management and use of public assets, and other relevant laws.

2. The use of land of road safety corridors must:

a/ Ensure safety of road works and other works within road safety corridors;

b/ Neither obscure road signs and signals nor affect vehicle visibility, and ensure road traffic order and safety;

c/ Protect landscapes and the environment in accordance with law.

3. In case the land of road safety corridors has not been recovered by the State, the land users may continue to use it in accordance with the Land Law and comply with Clause 2 of this Article.

4. The planting, tending and exploitation of trees within road safety corridors must comply with Clause 2 of this Article and the following provisions:

a/ To take necessary measures to avoid the risk of tree falling, thus making it unsafe for road users and vehicles operating on the road or causing damage to road works and adjacent works;

b/ To cut tree branches that obscure road signs and signals or obscure the visibility of operators of vehicles on the road and affect road traffic safety;

c/ Not to affect the quality and maintenance of roads.

5. The use of land of road safety corridors that is overlapped with the dike protection scope, the vicinity of hydraulic structures, the protection scope of hydraulic structures and railway protection corridors must comply with the Law on Dikes, the Law on Hydraulic Work, the Railway Law, the Land Law, this Law and other relevant laws.

6. Collector roads shall be constructed outside road safety corridors, unless they also serve as side roads. In case it is impossible to arrange a collector road outside a road safety corridor, such collector road may be arranged within the road safety corridor, but such arrangement must satisfy the following conditions:

a/ The remaining width of the road safety corridor is sufficient for road expansion under the relevant master plan;

b/ Ensuring the safety of road works;

c/ Ensuring road traffic safety and vehicle visibility.

Article 17. Protection scope for aerial and underground spaces of roads

1. The protection scope for aerial areas of straight road sections must not be lower than the clearance height of the road. For road sections with a reserve height for the road surface layer and the settlement compensation height and in case it is necessary to elevate the road surface as a reserve method, such height shall be added to the clearance height.

2. The protection scope of aerial spaces of road bridges is as follows:

a/ The protection scope of the aerial space of a road bridge measured from the highest point of the structure vertically on and above the bridge’s cross-sections is 2 meters but not lower than the clearance height specified in Clause 1 of this Article;

b/ Road bridges overpassing railways and other roads must ensure the clearance of such railways and roads;

c/ Road bridges constructed in areas with inland waterway or maritime navigation activities must ensure the clearance for safe navigation by ships and boats in accordance with the law on inland waterways and the maritime law.

3. The protection scope for a road tunnel shall be measured from the structural parts of the road tunnel to the surroundings that is sufficient to ensure safety for the road tunnel and equipment installed thereto, safety in operation, exploitation and use, and the design life of the road tunnel; the external protection scope of a road tunnel is a space that is wide enough to ensure safety for the operation, exploitation and use of the road tunnel and equipment thereof.

4. The vertical space of information and telecommunications lines above roads must not be lower than 5.5 meters measured from the lowest point of such information and telecommunications lines to the highest point on the road surface. For information and telecommunications lines above road bridges, their vertical space must comply with this Clause and Point a, Clause 2 of this Article.

5. Vertical space of power transmission lines above roads:

a/ For power transmission lines above roads, the vertical distance measured from the highest point of the road surface to the lowest point of the power transmission lines must not be smaller than the clearance height of the roads plus the discharge safety distance in accordance with the electricity law;

b/ For power transmission lines above bridges, their vertical space is that specified at Point a, Clause 2 of this Article plus the discharge safety distance in accordance with the electricity law, which, however, must not be lower than that specified at Point a of this Clause;

c/ For power transmission lines above lighting poles for roads, the vertical distance measured from the highest point of the lighting poles to the lowest point of the power transmission lines must not be smaller than 2 meters, plus the discharge safety distance in accordance with the electricity law.

6. For information and telecommunications lines and power transmission lines above suspension bridges, in addition to the requirements specified in Clauses 2, 4 and 5 of this Article, they must ensure safety for the system of suspension cables and pillars of the bridges.

7. The aerial safety distance for toll plazas and other road work items vertically measured from the highest point of the toll plazas/work items is 2 meters; for power transmission lines, it is also necessary to ensure the discharge safety distance in accordance with the electricity law.

8. In the course of constructing, exploiting and maintaining underground works below road works, it is necessary to ensure compliance with technical regulations and standards and ensure safety for the road works and adjacent works.

9. The Government shall detail Clause 5 of this Article.

Article 18. Construction and erection of billboards and placards within the protection scope of road infrastructure

1. Billboards include advertising structures, banners, signboards, light boxes and advertising screens as specified by the advertising law. Billboards shall be constructed and erected:

a/ Within road safety corridors, except expressway safety corridors and road safety corridors at interchanges;

b/ Within the land area of an interchange, in case the interchange has a diameter exceeding twice the width of the road safety corridor, but must ensure that the distance from the billboard to the outer edge of the road surface to all directions is not smaller than the width of the road safety corridor.

2. The construction and erection of billboards must:

a/ Neither obscure road signs and signals nor affect the visibility of operators of vehicles on the road;

b/ Neither affect the management, exploitation, use and maintenance of roads nor affect the safety of infrastructure facilities within the protection scope of road infrastructure or the road traffic safety;

c/ Be erected in a way ensuring durability, safety and resistance to load impacts and other impacts; and be designed, appraised and constructed in accordance with this Law, the construction law and the advertising law.

3. For the construction and erection of billboards specified in Clause 1 of this Article, it is required to obtain road management agencies’ written approval of location, scale and size of billboards and construction plan to ensure traffic safety and safety for road works and other adjacent works.

4. Organizations and individuals constructing and erecting billboards have the following responsibilities:

a/ To construct and erect billboards under Clauses 1, 2 and 3 of this Article;

b/ To ensure that the dismantlement of billboards and parts thereof does not affect road infrastructure, and not to be entitled to compensation when so requested by road management agencies or road management and use units;

c/ To comply with other provisions of this Law, the construction law and the advertising law;

5. The construction and erection of placards must comply with Clauses 2 and 3, and Points b and c, Clause 4, of this Article.

6. The Government shall detail Clause 3 of this Article.

Article 19. Construction and installation of infrastructure facilities within the protection scope of road infrastructure

1. Within the protection scope of road infrastructure, it is not allowed to construct other works, except:

a/ Works serving national defense and security purposes;

b/ Information and telecommunications works, power transmission lines, telecommunications poles, base transceiver stations and electric poles;

c/ Energy supply, water supply and water drainage works, except water plants and energy generation plants;

d/ Hydraulic structures, dikes, disaster preparedness facilities and hydropower works;

dd/ Conveyor belts serving production activities, urban technical infrastructure facilities, and other special works;

e/ Other roads intersecting or running in parallel with existing roads.

2. The works specified in Clause 1 of this Article must, if being constructed or installed within the protection scope of road infrastructure, ensure compliance with technical regulations and standards, ensure construction safety and road traffic safety, comply with the environmental protection law and must not affect the operation and use of road infrastructure.

3. For the construction and installation of the works specified in Clause 1 of this Article within the protection scope of road infrastructure, it is required to obtain competent road management agencies’ written approval, except dikes and the cases specified in Clause 4 of this Article.

4. For power transmission lines and information and telecommunications lines built above roads, it is not required to obtain competent road management agencies’ written approval if the following conditions are satisfied:

a/ The poles of infrastructure facilities are located outside road safety corridors;

b/ The clearance height of the lines above the roads satisfies the requirements specified in Article 17 of this Law;

c/ The lines do not affect safety in the operation and exploitation of road works.

5. For infrastructure works constructed or installed within the protection scope of special-use roads, it is required to obtain the consent of road management and use units for special-use roads.

6. Owners or management and use units of the works specified in Clause 1 of this Article, except dikes and national defense and security works, shall restore the initial4 state of the affected road works, allocate funds and organize the relocation of the works in the following cases:

a/ When a competent road management agency or road management and use unit requests the relocation of the works for investment and construction or upgrading, expansion, renovation, repair and maintenance, of the road works;

b/ The works affect road traffic safety and road work safety while no remedial measures are applied;

c/ The works are illegally constructed.

7. The Government shall detail this Article.

Article 20. Construction, management, operation, exploitation and maintenance of technical infrastructure facilities under shared use with roads

1. Technical infrastructure facilities under shared use with roads are facilities constructed for the arrangement and installation of information and telecommunications lines, power transmission lines and public lighting systems; and water supply, water drainage and energy supply pipelines.

2. The construction of technical infrastructure facilities for shared use with roads must:

a/ Conform to relevant master plans, scale of projects and technical grades of roads;

b/ Conform to technical regulations and standards in construction activities; comply with the fire prevention and fighting and rescue law; ensure the safety of works, landscapes and the environment;

c/ Comply with this Law, the construction law and other relevant laws.

3. The construction of technical infrastructure facilities for shared use with roads shall be carried out in the following cases:

a/ The construction of urban roads shall be combined with the arrangement and construction of shared-use technical infrastructure facilities in order to ensure synchronization for saving land resources and investment and construction costs, maintain landscapes, protect the environment, raise the efficiency of exploitation of the facilities, and ensure road traffic order and safety in the course of operation, exploitation and use of urban roads;

b/ The construction of road bridges requires designs and arrangement of locations for installation of information and telecommunications lines, water supply pipelines and power transmission lines, except high-voltage transmission lines and uninsulated power transmission lines;

c/ The construction of road tunnels requires designs and installation of cable culverts, trenches or technical tunnels for the arrangement and installation of fire prevention and fighting systems, water supply and drainage pipelines and the works specified at Point b of this Clause;

d/ Other cases of necessity.

4. The management, operation, exploitation and maintenance of technical infrastructure facilities for shared use with roads must:

a/ Not affect the safety of road works and road traffic safety; not obstruct the maintenance of road works;

b/ Comply with Points b and c, Clause 2 of this Article;

c/ Ensure that shared-use technical infrastructure facilities and works installed in shared-use technical infrastructure facilities can be relocated or dismantled when so requested by management and use units of road works for investment, construction, upgrading, expansion and maintenance of road works; take measures to ensure the safety of road works, and fire and explosion prevention and fighting safety; and facilitate traffic organization, and other cases of necessity;

d/ Management and use units of technical infrastructure facilities under shared use with roads and management and use units of road works shall coordinate with each other in the management, operation, exploitation and maintenance of the works in order to ensure safety and duration of the exploitation and use and quality of the works in accordance with law;

dd/ The organizations and individuals specified at Point d of this Clause shall, except those performing national defense and security tasks, contribute funds for the operation, exploitation and maintenance of technical infrastructure facilities under shared use with roads.

5. The Government shall detail this Article.

Article 21. Protection of road infrastructure

1. Protection of road infrastructure covers:

a/ Assurance of the safety of road infrastructure;

b/ Implementation of measures to prevent, stop and handle acts of destroying, encroaching, occupying or illegally using road infrastructure, making illegal connections to roads, and committing other acts of violation within the protection scope of road infrastructure.

2. The protection scope of road infrastructure covers areas on the ground surface and water surface, in the space, and under the ground and water surface of road infrastructure.

3. Responsibility for protection of road infrastructure:

a/ The Ministry of Transport shall organize the protection of road infrastructure under its management, except the case specified at Point b of this Clause;

b/ People’s Committees at all levels shall organize the protection of road infrastructure under their management; coordinate with road management and use units in disseminating the law on protection of road infrastructure; publicize land use boundary markers in road safety corridors; and promptly handle cases of illegal encroachment, occupation and use of road safety corridors and road land;

c/ Road management and use units shall protect road infrastructure under their management; in case of detecting damage to the works, the risk of incidents to the works or the risk of unsafe road traffic, they shall promptly handle, repair and remedy such damage or risks; publicize road safety corridor boundary markers as specified at Point c, Clause 3, Article 15 of this Law, report to and request commune-level People’s Committees of localities where road safety corridors are illegally encroached, occupied or used for handling; and perform other tasks concerning the management and protection of road safety corridors in accordance with this Law, the Land Law and other relevant laws.

4. Organizations and individuals that detect that road works are damaged or road safety corridors are illegally encroached upon shall promptly notify such to commune-level People’s Committees, road management agencies or the nearest Public Security agencies for handling; in case of necessity, they shall take measures to immediately notify such to road users. Upon receiving reports, responsible agencies shall promptly take remedial measures to ensure smooth and safe traffic.

5. The Government shall detail this Article.

Section 3

ROAD AUXILIARY FACILITIES; MEANS AND EQUIPMENT SERVING ROAD MANAGEMENT, OPERATION AND EXPLOITATION, AND TRAFFIC ORGANIZATION

Article 22. Road auxiliary facilities; means and equipment serving road management, operation and exploitation

1. Road auxiliary facilities include:

a/ Road signs and signals, except orders of traffic guards;

b/ Road traffic safety works;

c/ Water drainage systems for roads;

d/ Retaining walls and embankments for roads;

dd/ Marker posts serving ground clearance;

e/ Works, work parts and equipment installed onto works in the intelligent transport system; system for collecting, processing and storing road infrastructure data; system for monitoring the technical status and monitoring of roads, road bridges and other auxiliary facilities.

2. Means and equipment serving the management, operation and exploitation of road works include:

a/ Equipment installed onto the works and work parts specified at Point e, Clause 1 of this Article;

b/ Means and equipment serving the prevention, control and remediation of consequences of disasters and search and rescue on roads; means and equipment serving road traffic rescue;

c/ Ferries, and other means and equipment serving the management, operation and exploitation of ferry terminals;

d/ Other means and equipment serving road management, operation and exploitation.

3. Roads under exploitation must have the auxiliary facilities, means and equipment specified in Clauses 1 and 2 of this Article adjusted or added so that the management, operation, exploitation and use of road works ensure road traffic safety and work safety.

Article 23. Erection of road signs and signals

1. To-be-erected road signs and signals include:

a/ Traffic signal lights;

b/ Road signs, including: prohibitory traffic signs, warning traffic signs, mandatory traffic signs, indication traffic signs, and additional panels;

c/ Road markings and other signs on the road surface (collectively referred to as road markings);

d/ Delineator posts, reflective nails, reflective posts, kilometer markers, H beams, and road boundary markers;

dd/ Parapets and barriers;

e/ Audible signaling devices.

2. Principles of erection of traffic signal lights:

a/ The front of lights faces the opposite direction of traffic and lights shall be placed in positions that are easy for road users to observe;

b/ Vertical order of traffic signal lights: red light at the top, amber light in the middle and green light at the bottom;

c/ Horizontal order of traffic signal lights: red light on the left, amber light in the middle and green light on the right in the direction of traffic;

d/ Before undergoing acceptance testing and being out into operation, the erected traffic signal lights shall be operated on a trial basis by project owners or road management agencies to ensure its satisfaction of the requirements of road traffic organization.

3. Principles of erection of road signs:

a/ The front of road signs faces the opposite direction of traffic;

b/ Road signs shall be placed to the right or above the carriageway. In specific cases, it is allowed to additionally erect road signs to the left in the direction of traffic in order to provide instructions and signals to road users;

c/ Road signs shall be erected in positions that are easy for road users to observe and obey;

d/ Additional panels shall be used to provide additional commentaries for prohibitory traffic signs, warning traffic signs, mandatory traffic signs, and indication traffic signs.

4. Principles of arranging road markings:

a/ Road marking is a form of road signs and signals that is painted on the road surface and on road works;

b/ Road markings may be arranged independently or arranged together with road signs or traffic signal lights.

5. Principles of erecting delineator posts, parapets, reflective nails, reflective posts, kilometer markers, H beams, barriers and road boundary markers:

a/ Delineator posts shall be erected at dangerous road sections and necessary positions to provide road users with instructions on safe road sections and direction of traffic;

b/ Reflective nails shall be lengthwise or widthwise erected on the road surface to provide traffic instructions and divide lanes;

c/ Reflective posts shall be erected in locations where it is likely to cause direction confusion in order to provide direction instructions for vehicles moving at night or in foggy conditions or with limited visibility;

d/ Kilometer markers shall be erected in a way that ensures that the distance between two adjacent kilometer markers is 1,000 meters; in special cases, such distance may be longer or shorter than 1,000 meters. Kilometer markers shall be used in the management, operation, exploitation, construction, renovation and maintenance of roads and the determination of locations where road incidents, traffic congestion or road traffic accidents occur(s), thereby helping road users determine the distance of road sections;

dd/ H beams shall be erected within two adjacent kilometer markers, ensuring that the distance between 2 adjacent beams is 100 meters;

e/ Road boundary marker is a marker placed at the outermost edge of the boundary of a road safety corridor widthwise the road;

g/ The erection of parapets and barriers must comply with Clause 3, Article 24 of this Law.

6. The installation of audible signaling devices must comply with the manufacturer’s instructions.

7. The installation, adjustment, supplementation and replacement of road signs and signals must adhere to the principles specified in Clauses 2, 3, 4 and 5 of this Article, and comply with relevant technical regulations and laws.

8. Responsibilities for erection, adjustment, supplementation and replacement of road signs and signals:

a/ The owner of a road work construction project shall organize the designing and erection of road signs and signals within the scope of the project and road signs and signals at points where other types of ways are connected to roads constructed by the project owner;

b/ Management and use units of road works shall manage and use road signs and signals; review, adjust, supplement and replace road signs and signals for roads they are assigned to manage in accordance with this Law, the law on roads traffic order and safety, and national technical regulations on road signs and signals.

Article 24. Road traffic safety works

Road traffic safety works shall be constructed, installed and arranged to ensure safety for people and vehicles operating on the road, and include:

1. Rescue roads which shall be constructed at steep road sections so that vehicles losing control when moving downhill can leave main roads, reduce speed and stop;

2. Rescue tunnels attached to road tunnels which serve emergency escape and rescue when main tunnels have incidents or undergo maintenance. Rescue tunnels may not be used for the purpose of vehicular traffic;

3. Parapets, barriers and guardrails which shall be arranged at dangerous positions to prevent vehicles operating on the road from rushing out of the carriageway when losing control due to incidents.

In case delineator posts are not arranged, parapets or guardrails shall be affixed with reflective posts or sprayed with reflective paint to warn road users of dangerous positions and instruct them to follow the right direction of traffic;

4. Anti-glare devices which shall be installed on median strips to help reduce impacts and brightness of lights of vehicles moving in the opposite direction of traffic on operators of vehicles on the road;

5. Convex mirrors which shall be installed at the rear of small radius curves and interchanges with limited or obscured visibility to help operators of vehicles on the road remotely observe vehicles moving in the opposite direction of traffic for adjusting speed as appropriate;

6. Lighting systems, which shall be constructed for lighting purpose, ensuring safety for people and vehicles operating on the road; the time of lighting in road tunnels must comply with the process of operation and exploitation of tunnel works;

7. Median strips, which shall be installed to divide the carriageway into two separate directions of traffic or to divide roads into sections reserved for motor vehicles and rudimentary vehicles or for different types of vehicles in the same direction of traffic;

8. Sound barrier walls which shall be constructed at necessary positions to reduce noise caused by road vehicles;

9. Speed bumps which shall be installed at positions where warnings are needed or installed for forcing operators of vehicles on the road to lower speed for traffic safety;

10. Other works for ensuring road traffic safety.

Article 25. Traffic organization

1. Traffic organization shall be carried out from the stages of planning, investment and construction to the stages of management, operation, exploitation, use and maintenance of road infrastructure in order to ensure smooth, safe and efficient traffic.

2. Contents of road traffic organization in the stages of designing, construction, management, operation, exploitation, use and maintenance of road works:

a/ Providing the number of lanes, road sections reserved for automobiles and other road vehicles, and road sections reserved for pedestrians; directions of traffic, and speed of motor vehicles operating on the road;

b/ Organizing the division of lanes and traffic flows on road routes under construction and in connected road routes;

c/ Providing regulations on traffic at interchanges and locations connected to other roads; providing regulations on passing of ongoing traffic and overtaking on roads, bus stops, and pick-up and drop-off points;

d/ Providing size limits and permitted weight to ensure safe operation of vehicles on the road;

dd/ Providing the time during which road users are allowed to operate on the road; and the time of traffic signal lights at signalized intersections;

e/ Providing the time of turning on and turning off lighting systems on roads;

g/ Specifying cases of suspension of operation of part or the whole of a route;

h/ Exploiting and using the intelligent transport system, expressway traffic management and control centers, and other technological equipment serving the provision of information and instructions to road users;

i/ Fully erecting road signs and signals and performing other necessary jobs;

k/ Approving plans on traffic organization for expressways.

3. Road work construction project owners, road management and use units, and related organizations and individuals shall erect, adjust and supplement road signs and signals road traffic safety works for their projects and road routes under their management; and implement approved plans on traffic organization for expressways.

4. The monitoring and evaluation of the traffic state on road routes, the adjustment of traffic organization to tackle traffic congestion and ensure road traffic order and safety shall be carried out in the course of road operation, exploitation, use and maintenance.

5. The Ministry of Transport and People’s Committees at all levels shall organize traffic on road routes under their management.

6. Road management and use units for special-use roads shall organize traffic on special-use roads; in case public transport activities take place on special-use roads, traffic organization must comply with this Article.

7. The Government shall detail this Article.

Article 26. Design speed, operation speed, and distance between vehicles

1. Design speed of a road is the velocity value used to calculate technical norms of such road. The road’s design speed shall be determined in the stages of road construction, upgrading and renovation to ensure the safe movement of vehicles.

2. Road operation speeds:

a/ Road operation speeds are speed limits (maximum speed and minimum speed) designated for vehicles operating on the road to ensure traffic safety and efficient exploitation of the roads;

b/ A road operation speed shall be determined on the basis of the design speed, current conditions of the road, circulation time per day, weather and climate conditions, flow, and types of vehicles operating on the road;

c/ For dual carriageway, speed limits for different directions of traffic may be different;

d/ For one direction of traffic with many lanes, speed limits for such lanes may be different. Lanes must satisfy requirements on use purpose and width to ensure smooth and safe traffic.

3. The distance between vehicles on a road is the minimum distance between the two contiguous vehicles operating on the road on the same lane or road section, ensuring safety for the vehicle moving behind and the vehicle moving ahead.

The distance between vehicles depends on operation speed of the road, weather, vehicle density, and other actual traffic conditions.

4. Before being put into operation, expressways shall be equipped with sufficient systems for speed and vehicle distance signaling; for other road routes, based on the current status of road works and the actual traffic state in each route, the road management agency shall decide on the arrangement of road signs and signals to ensure vehicular circulation and road traffic safety.

5. The Minister of Transport shall detail this Article.

Article 27. Load capacity and size limit of roads

1. Load capacity of a road is the carrying capacity of the road to ensure safe exploitation and service life of road works.

2. Size limit of a road is a gap with limited width and length of the road to ensure safe circulation by vehicles, including also cargo loaded on vehicles; such size limit shall be determined according to technical regulations and standards on roads.

3. Responsibility for announcing load capacity and size limits of roads:

a/ The Ministry of Transport shall announce load capacity and size limits of roads under its management;

b/ Provincial-level People’s Committees shall announce load capacity and size limits of roads under their management and special-use roads specified at Point c of this Clause in their localities;

c/ Road management and use units for special-use roads with public transport activities shall provide information on load capacity and size limits of special-use roads for provincial-level People’s Committees to announce;

d/ Road work construction project owners shall provide information on load capacity and size limits of roads to the agencies specified at Points a, b and c of this Clause.

4. For roads on dikes, their load capacity must not exceed the permissible load capacity of vehicles operating on the road that are permitted to move on dikes.

Section 4

INVESTMENT, CONSTRUCTION, MANAGEMENT, OPERATION, EXPLOITATION AND MAINTENANCE OF ROAD INFRASTRUCTURE

Article 28. Investment and construction of road infrastructure facilities

1. Investment and construction of road infrastructure facilities means investment, construction, upgrading, expansion and renovation of road works and other road infrastructure facilities.

2. Investment and construction of road infrastructure facilities must comply with this Law, the investment law, the law on public investment, the law on investment in the form of public-private partnership, the construction law, the law on the state budget, and other relevant laws.

3. The Ministry of Transport shall invest in national highway routes and sections and road infrastructure facilities under its management in accordance with the Law on Public Investment, the Law on Investment in the Form of Public-Private Partnership and other relevant laws.

4. People’s Committees at all levels shall invest in roads of all types and road infrastructure facilities under their management in accordance with the Law on Public Investment, the Law on Investment in the Form of Public-Private Partnership and other relevant laws.

5. Investment and construction of road infrastructure facilities must:

a/ Conform to relevant master plans;

b/ Ensure conformity with technical regulations and standards and technical grades of roads, protection of landscapes and the environment; take solutions to satisfy the requirements on adaptation to climate change; and take solutions to design and construct works to ensure convenient and safe movement by people with disabilities, the elderly and other subjects;

c/ Be phased out for road works to meet the transport demand and ensure the resource mobilization capacity in order to ensure investment efficiency;

d/ The investment and construction of road infrastructure facilities related to dikes and protection corridors for water sources, river and lake beds and banks must comply with the law on dikes and ensure dike safety; refrain from causing landslides in river and lake beds and banks or obstructing the water flow; help mitigate or control disaster risks and ensure the stability of facilities against disasters and climate change.

6. Side roads shall be constructed upon the construction of expressways, grade-I roads and grade-II roads running through urban areas and densely populated areas, and other cases of necessity.

7. Road routes with by-automobile passenger transportation activities, except expressways, must have pick-up and drop-off points.

8. In road sections where schools are newly constructed, school construction project owners shall coordinate with road management agencies in constructing bus stops in conformity with the traffic organization of such road sections.

9. The upgrading, expansion and renovation of road works and other road infrastructure facilities under operation in the form of public-private partnership must comply with the law on investment in the form of public-private partnership and Article 48 of this Law.

10. For road works under operation while not yet reaching the designated technical grade, road works operated while their operation period expires, or those failing to meet transport volume requirements, they shall gradually be invested, constructed, upgraded and renovated to meet technical requirements of road standards.

Article 29. Verification and appraisal of road traffic safety

1. Roads shall be subject to traffic safety verification and appraisal in the stages of formulation of work construction investment projects; making of designs implemented after basic designs; before road works are put into operation and in the course of exploiting the road works.

In the stages of formulation of investment projects and making of designs implemented after basic designs, traffic safety verification and appraisal shall be carried out together with the verification and appraisal of feasibility study reports and construction designs.

2. Road traffic safety verification means commercial provision of traffic safety verification services for research and analysis of basic designs, making of designs implemented after basic designs, techno-economic reports on construction of works, as-built documents, route management documents, causes of traffic accidents, and performance of on-site inspection to detect potential traffic accidents or identify causes of traffic accidents so as to propose solutions to ensure smooth and safe road traffic.

3. Traffic safety appraisal shall be carried out by competent agencies on the basis of traffic safety verification reports of traffic safety verification consultancy organizations to serve the following activities:

a/ Approving projects;

b/ Approving construction designs to be implemented after the basic design;

c/ Deciding to put works into operation, for new, upgraded or renovated works;

d/ Organizing the implementation of solutions to improve conditions to ensure smooth and safe traffic for works under operation.

4. Traffic safety verification service providers that carry out traffic safety verification shall satisfy the conditions on business lines, be independent from construction units and design consultancy organizations that have prepared project dossiers and work designs for new, upgraded or renovated road works, or organizations performing the management and regular maintenance of routes, for road works under operation.

5. Expenses for road traffic safety verification and appraisal shall be included in total investment and estimates for work construction, for new, upgraded or renovated road works; and allocated from financial sources reserved for the road management and maintenance, for road works under operation.

6. Traffic safety verifiers shall be trained. The training of traffic safety verifiers shall be carried out by qualified traffic safety verifier training institutions.

7. The Government shall detail this Article.

Article 30. Road traffic connection

1. To connect roads serving socio-economic development and performance of national defense and security tasks, ensuring smooth and safe transport activities.

2. Road traffic connection covers:

a/ Connecting road routes;

b/ Connecting roads to regions, areas, residential areas, agencies, organizations, production and business establishments, and other locations;

c/ Connecting road traffic with traffic hubs of other modes of transport.

3. The connection of feeder roads to main roads and between road routes shall be carried out at connection points and must satisfy the following requirements:

a/ Connection points shall be designed and constructed in conformity with technical regulations and standards and with road grades, and ensure traffic safety and load capacity of road routes;

b/ In case of connection of a road of another type to an expressway, in addition to complying with Points a and c of this Clause, the connection must ensure that the distance between connection points must conform to technical regulations and standards on expressway designing;

c/ Road traffic connection must comply with the Government’s regulations.

4. Responsibility for constructing feeder roads, collector roads and side roads connected to main roads in localities and areas:

a/ Owners of projects on construction of urban centers, residential areas, commercial and service zones, administrative zones, working spaces of agencies and organizations, economic zones, industrial parks, production and business establishments, airports, bus stations, railway stations, inland waterway ports, inland waterway landing stages, seaports, inland container depots and other traffic hubs shall construct roads for traffic connection from these areas and establishments to roads running through such areas and establishments;

b/ The Ministry of Transport and People’s Committees at all levels shall invest in the construction, upgrading, expansion and renovation of roads under their management to ensure convenient road traffic to airports, seaports, inland waterway ports, inland waterway landing stages and railway stations.

5. The Minister of Transport shall specify the order and procedures for approving designs and the order and procedures for licensing the construction of interchanges for national highways under operation; provincial-level People’s Committee shall specify the order and procedures for approving designs and the order and procedures for licensing the construction of interchanges for local roads under operation.

Article 31. Handover and putting of road works into operation

1. Completed road works shall be handed over and put into operation in accordance with this Law, the construction law and other relevant laws.

2. Based on specific conditions, road works, work parts and work items that have been completely constructed and undergone acceptance testing under regulations shall be handed over and put into operation and use at the request of the project owners or road management and use units.

 Article 32. Construction of works on roads currently in use 

1. Construction of works on roads currently in use covers: construction, upgrading, expansion, renovation and repair of roads currently in use; construction of infrastructure facilities within land areas reserved for roads; construction of technical infrastructure facilities under shared use within land areas reserved for roads; and construction and erection of billboards and placards.

2. Organizations and individuals may only construct works on roads currently in use when they possess permits for construction of works on roads currently in use granted by competent state agencies, except the cases specified in Clause 3 of this Article.

3. Cases of construction of works on roads currently in use in which construction permits are not required:

a/ Construction of works classified as state secrets;

b/ Construction within land areas reserved for road infrastructure for investment projects on construction, upgrading and renovation of road works subject to investment decision by the Prime Minister; and investment projects on construction, upgrading and renovation of road works subject to investment decision by the Minister of Transport or chairpersons of provincial-level People’s Committees on roads under their management;

c/ Construction on special-use roads;

d/ Construction on village roads; and alleys in urban areas;

dd/ Warranty or maintenance of road works; urgent repair of roads in order to remedy consequences of disasters, storms and floods; and provide traffic-related rescue and other urgent cases;

e/ Construction, repair and replacement of parts, items and equipment when the following conditions are fully satisfied: not digging, drilling or cutting road works; not affecting the quality, load capacity and size limits of roads; causing no traffic congestion; not narrowing down road surfaces reserved for traffic; or not requiring adjustment of traffic or division of flows/routes or lanes;

g/ Construction on roads currently in use, which is carried out by permit-granting agencies or for which permit-granting agencies act as project owners, or for which permit-granting agencies are affiliated to project owners;

h/ Construction at road-railway intersections or construction on road bridges under shared use with railways under permits granted by competent state agencies in accordance with the railway law;

i/ Construction of works within road safety corridors which fully satisfies the following requirements: not affecting the vehicle visibility and traffic safety, not using land areas of roads and road works as construction sites, and having obtained construction approval under Clause 3, Article 19 of this Law;

k/ Application of urgent handling measures to ensure safety of dikes and disaster preparedness facilities;

l/ Cases in which those carrying out the construction on roads currently in use have obtained a construction permit and have a plan on assurance of traffic on the roads currently in use approved by the road management agency.

4. For the case specified in Clause 2 of this Article, in the course of construction, organizations and individuals carrying out the construction on roads currently in use shall fully comply with provisions of their construction permits; appoint persons to give traffic warnings and instructions, erect temporary signs, signals and barriers at construction sites, and take measures to ensure traffic, protect the environment, and carry out other activities; participants in construction and maintenance activities on roads currently in use shall wear labor protection outfits with safety signals; construction machinery must be fitted with warning devices.

5. For the cases specified in Clause 3 of this Article, organizations and individuals carrying out the construction on roads currently in use shall ensure traffic safety and safety of road works, and, at the same time, send information on measures to ensure traffic safety and safety of works before commencing the construction on roads currently in use to road management agencies for inspection and monitoring. Road management agencies shall handle, or propose handling of, violations according to their competence if the construction makes traffic and road works unsafe.

6. Organizations and individuals that carry out the construction on roads currently in use that violate construction permits, thus causing traffic congestions, making traffic unsafe, affecting the health, life and assets of road users, causing damage to destructing works currently in use, violate regulations on environmental protection, or commit other law-breaking acts, shall be held responsible in accordance with law.

7. The Minister of Transport shall define the competence and procedures for granting, and contents of, permits for construction of works on roads currently in use; define the responsibility for providing information and specify the mechanism for coordination among related agencies, organizations and individuals in order to ensure traffic order and safety and safety during the construction.

Article 33. Construction and repair of road-rail intersections; repair of surfaces of road bridges under shared use with railways, and road-rail intersections

1. The construction and repair of roads at road-rail intersections or the repair of surfaces of road bridges under shared use with railways must be permitted in accordance with the railway law; the construction and repair on roads currently in use must also comply with Article 32 of this Law.

2. The repair of surfaces of road bridges under shared use with railways or the repair at road-rail intersections must comply with Clause 1 of this Article and the following provisions:

a/ The road repair project owner shall reach agreement with the railway management agency on construction period and plan and traffic organization plan, except where it is necessary to remedy the incident in order to prevent traffic accidents and the risk of work collapse;

b/ The repair must comply with other regulations on railway traffic safety assurance in accordance with the railway law;

c/ Competent agencies shall grant construction permits in accordance with the railway law, and guide and inspect the construction and assurance of traffic safety and safety of railway and road works.

Article 34. Construction of hydraulic structures and hydropower works within the protection scope of road works currently in use

1. The construction of hydraulic structures and hydropower works within the protection scope of road works currently in use must comply with Articles 19 and 32 of this Law.

2. The construction of a hydraulic structure or hydropower work intersecting with a road currently in use must comply with Clause 1 of this Article and the following provisions:

a/ The construction location does not affect the operation, exploitation and normal operation of existing road works, except the case specified at Point d of this Clause;

b/ It is required to take measures to ensure safety for existing road works and adjacent works, ensure smooth and safe traffic, and environmental protection; and comply with regulations on road clearance, aerial protection scope and protection scope for lower parts of road works;

c/ The construction must not cause erosion of bridge abutments, piers and retaining walls of road works upon the dredging and construction on rivers, canals and ditches within the protection scope of road infrastructure;

d/ Before commencing the construction of the hydraulic structure or hydropower work that intersects or overlaps the road position or affects the road work currently in use, the hydraulic structure or hydropower work construction project owner shall construct a road work for compensation for or replacement of the affected section of the road work or make a compensation with a money amount for construction of a replacement road section. The road work for compensation must be of technical grade and scale not lower than those of the affected road work;

dd/ After completing the construction of a road work for compensation, the hydraulic structure or hydropower work construction project owner shall hand over such road work and the dossier of completion of the work and maintenance process to the road management agency or the road manager and users.

3. Hydraulic structure or hydropower work construction project owners and contractors shall provide warranty for road works for compensation purpose in accordance with the construction law.

4. Hydraulic structure and hydropower work construction project owners, owners or managers shall maintain, operate and exploit hydraulic structures and hydropower works in accordance with this Law, the construction law and relevant regulations, ensuring satisfaction of requirements on traffic safety and road work safety.

5. For parts and items of works under shared use for road traffic and in service of hydraulic structures and hydropower works, the responsibility for maintenance, operation and exploitation of such parts and items must comply with Clause 7, Article 37 of this Law.

6. In case the construction of hydraulic structures and hydropower works affects special-use roads, related parties shall reach agreement on solutions or make compensation in accordance with law.

Article 35. Maintenance of road infrastructure

1. Maintenance of road infrastructure means a combination of jobs aimed at ensuring and maintaining the normal and safe operation of such road infrastructure according to their design in the course of operation, exploitation and use, covering:

a/ Servicing of road infrastructure;

b/ Repair of road infrastructure;

c/ Examination, monitoring and inspection of the quality, and assessment of the safety of road infrastructure.

2. Servicing of road infrastructure:

a/ Servicing of road infrastructure covers regular servicing and periodical servicing and shall be carried out in accordance with this Law, the construction law, the law on public asset management and use, technical regulations and standards, and process of maintenance of road infrastructure;

b/ Results of the servicing of road infrastructure shall be recorded in dossiers; road management and use units shall certify the completion of the servicing and management in road work maintenance dossiers;

c/ The application of servicing to road infrastructure must comply with the construction law, the law on public asset management and use, and the bidding law.

3. Repair of road infrastructure covers periodical repair and unscheduled repair to remedy damage or deterioration arising in the course of operation, exploitation and use of such road infrastructure in order to ensure work safety and road traffic safety, and limit the deterioration of road infrastructure.

4. Periodical repair covers:

a/ Repair of defects or damage to works, work items and equipment, and replacement of damaged work parts and equipment installed onto works, which shall be carried out periodically in terms of duration or frequency of operation and use according to technical regulations and standards and process of maintenance of road infrastructure;

b/ Addition of road signs and signals, road traffic safety works and other work items and work equipment to ensure safe and smooth traffic and improve the technical state of works currently in use;

c/ Repair and upgrading of warehouses for spare equipment and supplies in the field of roads; additional procurement of spare supplies for the prevention, control and remediation of consequences of disasters and search and rescue;

d/ Repair and upgrading of intelligent transport systems; expressway traffic management and operation centers; vehicles, equipment and technological systems serving the management, operation, exploitation and maintenance of road works; road traffic management and operation systems; toll collection systems; and weigh stations.

5. Unscheduled repair covers:

a/ Repair and improvement for places where road traffic accidents often occur or places prone to road traffic accidents;

b/ Repair and remediation of consequences of disasters;

c/ Repair of work parts that suffer unexpected damage in the course of operation, exploitation and use and in other necessary circumstances in order to ensure the safety of road works and traffic safety during their operation, exploitation and use.

6. The repair of road infrastructure must conform to technical regulations and standards, satisfy the traffic flow and operation load capacity, and comply with the construction law, the law on disaster prevention and control, and this Law.

7. Examination, monitoring and inspection of quality of road infrastructure and assessment of work safety:

a/ The examination of quality of road infrastructure covers road patrol, patrol examination and other examination jobs specified by the construction law;

b/ The monitoring and inspection of quality of road infrastructure and the assessment of work safety must comply with the construction law.

8. The Minister of Transport shall detail this Article.

Article 36. Management, operation and exploitation of road infrastructure

1. The management, operation and exploitation of road infrastructure must ensure efficiency and smooth and safe traffic, and comply with law.

2. Contents of the management, operation and exploitation of road infrastructure include:

a/ Receiving works and equipment installed onto works, al-built documents after the investment and construction are completed; compilation and preservation of road infrastructure management dossiers;

b/ Organization of traffic under Clauses 2 and 3, Article 25 of this Law;

c/ Protection of road infrastructure; management and use of road land and road safety corridors;

d/ Management, operation and exploitation of intelligent transport systems; expressway traffic management and operation centers, weigh stations, toll collection systems and equipment installed in road infrastructure;

dd/ Collection, management, use, operation, exploitation and updating of the road database system;

e/ Disaster preparedness in the field of roads in accordance with the law on disaster prevention and control and this Law;

g/ Performance of other jobs in accordance with this Law, the law on public asset management and use and relevant regulations.

3. The Minister of Transport shall detail this Article.

Article 37. Responsibilities for management, operation, exploitation and maintenance of road infrastructure

1. The Ministry of Transport shall organize the management, operation, exploitation and maintenance of the national highways specified in Clause 3, Article 8 of this Law and road infrastructure under its management.

2. People’s Committees at all levels shall organize the management, operation, exploitation and maintenance of the roads specified in Clause 4, Article 8 of this Law and road infrastructure under their management.

3. Enterprises that are assigned by the State to invest in, construct, manage, operate and exploit road infrastructure shall do so in accordance with this Law and relevant regulations.

4. The management, operation, exploitation and maintenance of road infrastructure invested in the form of public-private partnership must comply with the law on investment in the form of public-private partnership, the construction law, this Law and relevant regulations.

For investment projects in the form of public-private partnership that are in the stages of operation and exploitation, when their contracts are prematurely terminated in accordance with the law on investment in the form of public-private partnership but the procedures for establishing the all-people ownership thereof have not yet been completed, the management, operation, exploitation and maintenance of road infrastructure shall be carried out by the contract-signing agencies.

5. For road infrastructure being public assets that are within the term of lease of the asset exploitation right or under definite-time transfer of the asset exploitation right or transfer of the asset exploitation right in other modes, the management, operation, exploitation and maintenance of such assets must comply with this Law, the law on public asset management and use, relevant regulations, and signed contracts.

6. Road management and use units, for special-use roads, owners or managers of bus stations, parking lots, rest areas and other road infrastructure shall manage, operate, exploit and maintain works in a safe manner and in compliance with this Law and relevant regulations.

7. For works with multiple owners or jointly managed, operated and exploited by many organizations and individuals, in addition to being responsible for managing, operating, exploiting and maintaining of the work parts under their own ownership, such owners or organizations and individuals shall also manage, operate, exploit and maintain the work parts under common ownership and use.

8. In case a road work construction project owner has put all or some of road sections or work items under the project into operation, exploitation or temporary exploitation but has not yet handed them over to the road management and use unit, the project owner shall temporarily manage, operate, exploit and maintain such works in accordance with this Law, the construction law and relevant regulations.

9. The Government shall detail this Article.

Article 38. Prevention, control and remediation of consequences of disasters in the field of roads

1. Road work construction investment projects must be designed and constructed in a sustainable manner, adaptable to climate change, conform to technical regulations and standards, ensure flood drainage, and satisfy disaster preparedness requirements.

2. The prevention, control and remediation of consequences of disasters and search and rescue on roads that have been put into operation and use must comply with the law on disaster prevention and control, relevant regulations, and the following provisions:

a/ The Ministry of Transport and People’s Committees at all levels shall organize the prevention, control and remediation of consequences of disasters and search and rescue on roads under their management;

b/ Road management and use units shall be responsible for prevention, control and remediation of consequences of disasters on roads assigned to them for management and participate in search and rescue activities on such roads; immediately repair and remedy damage to road works in case the safety for people and vehicles operating on the road is not ensured; address the risk of collapse of road works and adjacent works; and participate in rescue activities;

c/ Related agencies, organizations and individuals shall participate in the prevention, control and remediation of consequences of disasters and search and rescue activities.

3. The Minister of Transport shall detail this Article.

Article 39. Bus stations, parking lots, rest areas, bus stops, toll plazas, weigh stations

1. Bus stations, parking lots and rest areas:

a/ Bus stations shall be constructed in urban centers that are district- or higher-level administrative centers and other necessary areas to serve public passenger transportation;

b/ Parking lots shall be constructed to meet parking needs in urban areas, suburbs of cities and towns, on roads with large transport flows and other areas when necessary for vehicle parking and safe keeping purposes. Parking lots include: truck parking lots; parking lots for passenger cars and personal cars; and parking lots for vehicles of different types;

c/ Bus stations shall be invested and constructed to meet requirements of national technical regulations promulgated by the Minister of Transport. Urban parking lots must conform to relevant national technical regulations promulgated by the Minister of Construction;

d/ Rest areas shall be constructed outside road safety corridors, conforming to relevant national technical regulations promulgated by the Minister of Transport;

dd/ Rest areas and bus stations must have electric charging systems for electric motor vehicles in accordance with the law on standards and technical regulations. The installation of electric charging systems for electric motor vehicles at parking lots shall be prioritized. Bus stations, parking lots and rest areas shall be constructed in combination to provide commercial services.

2. Bus stops:

a/ Bus stops shall be arranged in urban areas, residential areas, agencies and organizations to meet the demand for vehicle stops serving urban traffic and these areas and locations;

b/ Bus stops within roadways shall be arranged at certain locations for cars to pick up and drop off passengers;

c/ For roads outside urban areas that are constructed, upgraded, expanded or renovated, bus stops shall be constructed outside roadways.

3. Toll plazas are places where road tolls are collected for vehicles operating on the road.

4. Weigh stations:

a/ Weigh stations are to determine the axle load and gross weight of vehicles operating on the road, ensuring conformity with national technical regulations promulgated by the Minister of Transport;

b/ The Ministry of Transport and provincial-level People’s Committees shall decide on locations for construction or installation of weigh stations on roads under their management;

c/ Road management agencies, competent functional agencies and organizations assigned to manage, operate, exploit and maintain road works shall use weigh stations to collect, analyze and assess impacts of axle loads and gross weight of vehicles on work safety and road traffic safety; and to detect and handle violations in accordance with law;

d/ Data collected from weigh stations shall be promptly connected and shared with the traffic police force for handling of law violations.

5. The Minister of Transport shall provide the operation of bus stations, parking lots, rest areas, bus stops, toll plazas and weigh stations; and specify the order and procedures for putting bus stations and rest areas into operation.

Article 40. Intelligent transport

1. Intelligent transport means the application of new and modern electronic, information, communication and management science technologies in order to optimize the efficiency of management and operation of road infrastructure; and ensure smooth, safe, efficient, timely, convenient and environmentally friendly transport.

2. The intelligent transport system shall be established to integrate, store and analyze data to serve the management, operation, exploitation and maintenance of road infrastructure; support transportation and electronic toll payment activities; and provide intelligent transport services that are connected and share data with traffic command centers and related agencies and organizations.

3. The Government shall detail Clause 2 of this Article.

Article 41. Expenses for management, operation, exploitation, maintenance and protection of road infrastructure

1. Expenses for management, operation, exploitation, maintenance and protection of road infrastructure include expenses for the activities specified in Articles 21, 35, 36 and 38 of this Law.

2. For investment projects in the form of public-private partnership, the expenses specified in Clause 1 of this Article must comply with the law on investment in the mode of public-private partnership.

3. For road infrastructure being public assets that are within the term of lease of the asset exploitation right, or under transfer of the asset use charge collection right or definite-time transfer of the asset exploitation right or transfer of the exploitation right in other modes, the expenses specified in Clause 1 of this Article must comply with signed contracts and relevant regulations.

4. For the cases specified in Clause 8, Article 37 of this Law, the expenses specified in Clause 1 of this Article shall be included in the total investment of projects for project owners to organize the implementation thereof.

5. For road infrastructure invested by the State which has been handed over and put into operation but the management of which has not yet been completely assigned, the expenses specified in Clause 1 of this Article shall be covered by the state budget’s recurrent expenditures.

6. Road management and use units, for special-use roads, shall ensure funds for management, operation, exploitation, maintenance and protection of such special-use roads.

Article 42. Financial sources for investment, construction, management, operation, exploitation and maintenance of road infrastructure and revenues from road infrastructure

1. Financial sources for investment, construction, management, operation, exploitation and maintenance of road infrastructure must comply with the law on the state budget, investment law, law on public investment, law on investment in the form of public-private partnership, law on public asset management and use, and relevant regulations.

2. Revenues from road infrastructure to be remitted into the state budget include:

a/ Vehicle-based road tolls collected for automobiles;

b/ Expressway tolls collected for vehicles operating on expressways invested, owned, managed and operated by the State;

c/ The State’s revenues from the exploitation and use of road infrastructure, revenues from the exploitation and use of technical infrastructure facilities under shared use with roads, and other lawful revenues as specified by law.

3. Revenues from road use services provided by investment projects on construction of road for commercial operation; and contracts on franchising of management and commercial operation of expressways being public assets must comply with the price law and relevant regulations.

Article 43. Electronic payment for road traffic

1. Electronic payment for road traffic means the payment of charges, prices and service charges related to traffic activities of road vehicles through traffic accounts.

2. Traffic account means an account opened for a road vehicle owner and connected to lawful payment instruments to make cashless payments in accordance with the banking law.

3. Road tolls on expressways shall be paid in the form of non-stop electronic payment.

4. The Government shall detail this Article.

Chapter III

EXPRESSWAYS

Article 44. General provisions on expressways

1. Expressway means a technical grade of a road, reserved only for certain types of motor vehicles and special-use motorcycles operating on the road in accordance with law, with a median strip separating the two opposite directions of traffic, not intersecting at the same level with another road or other roads, only allowing vehicles to enter and exit at certain points, having protective barriers and service equipment, thereby ensuring smooth and safe traffic and shortening travel time of vehicles.

2. Expressways that belong to the system of national highways, provincial roads and urban roads shall be determined in road network master plans, road infrastructure master plans, regional master plans, provincial master plans, urban master plans or master plans on special administrative-economic units.

3. Land areas for construction of expressway infrastructure facilities include:

a/ Land areas specified at Points a and b, Clause 1, Article 13 of this Law;

b/ Land areas for construction of expressway traffic management and administration centers.

Article 45. Technical regulations and standards, application of science and technology to expressways

1. Expressways shall be designed according to technical regulations and standards on expressways and other relevant technical regulations and standards.

2. Technical regulations and standards applied to the survey, designing, construction, management, operation, exploitation and maintenance of expressways must ensure modernity of applied science and technology, digitalization, sustainable development and green traffic.

3. Research and application of science, development of new technologies and new materials, and application of automation and artificial intelligence in the survey, designing, construction, management, operation, exploitation and maintenance of expressways shall be carried out in conformity with special conditions of each region and each locality.

Article 46. Expressway development policies

Expressway development policies must comply with Article 4 of this Law and the following provisions:

1. The State shall encourage organizations and individuals to use resources for investment, construction, operation, exploitation and maintenance of expressway works in the form of public-private partnership and other forms specified by law;

2. To prioritize the allocation of state budget funds for investment in and formulation of projects requiring national defense and security assurance; projects on expressways stretching through areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions; projects for connection and creation of a driving force for socio-economic development, and other projects that cannot attract non-budget capital sources;

3. The State shall prioritize the allocation of state budget funds and other resources in the following cases:

a/ For performance of the State’s obligations in accordance with law and contracts on investment projects in the form of public-private partnership;

b/ For expansion and upgrading of expressways that are being constructed or have been put into operation in phases.

Article 47. Expressway investment, construction and development

1. Expressway investment and construction must comply with Article 28 of this Law.

2. Expressways shall be invested and constructed under master plans specified in Clause 2, Article 44 of this Law and together with the following works:

a/ Collector roads or side roads;

b/ Expressway traffic management and operation centers;

c/ Rest areas, bus stops;

d/ Non-stop electronic toll collection system, for roads with road toll collection;

dd/ Weigh stations.

3. Based on transport demands, investment resource capacity and relevant master plans, investment policy-deciding authorities shall decide on the investment phasing and determination of compensation, support and resettlement according to the planned lane scale or project schedule mentioned in investment policy decisions.

4. Investment in expressways stretching through urban areas must conform to urban master plans and relevant regulations, accompanied by appropriate solutions to develop spaces and connect traffic in areas along both roadsides, and protect the environment.

5. Investment-deciding authorities may approve or approve adjustments to mini-projects or component projects in case there is a change in the funds for such mini-projects or component projects as compared to the approved preliminary total investment amounts for the mini-projects or component projects but such amounts must not exceed the preliminary total investment amounts for the entire projects for which the investment policy has been decided.

In case of decision to divide a project into mini-projects or component projects, the investment policy-deciding authority shall decide to assign an agency to assume the prime responsibility for organizing the implementation of the project in order to ensure the comprehensiveness and wholeness of the entire project; and review, regulate, balance and uniformly adjust the total investment amounts among mini-projects or component projects, ensuring that such amounts do not exceed the preliminary total investment of the entire project for which the investment policy has been decided.

Article 48. Expansion and upgrading of expressways or upgrading of roads currently in use into expressways

1. The expansion and upgrading of expressways or upgrading of roads currently in use into expressways shall be carried out in order to meet transport requirements, serve socio-economic development in the national interests, meet national defense and security requirements, and conform to master plans approved by competent authorities.

2. For a project that has been invested in the form of public-private partnership and is in the stage of project contract performance, the contract-signing agency shall reach agreement with the investor on the expansion or upgrading of the expressway or upgrading of the road currently in use into an expressway under one of the following plans:

a/ The investor proposes investment project adjustments for expansion or upgrading;

b/ The State organizes the formulation of an expansion or upgrading investment project in the form of public-private partnership or public investment, except cases in which such project is similar to another investment project in the form of public-private partnership for which the investment policy has been decided or which has been decided, or similar to a public investment project for which the investment policy has been decided or the investment decision has been issued in accordance with the law on investment in the form of public-private partnership and the law on public investment.

3. If able to reach agreement with the investor, the competent agency shall carry out procedures for adjusting the investment policy or investment project in accordance with the Law on Investment in the Form of Public-Private Partnership and organize negotiations with the existing investor for contract adjustments.

4. If unable to reach agreement with the investor under Clause 2 or 3 of this Article, the competent agency shall terminate the contract in accordance with the Law on Investment in the Form of Public-Private Partnership, in case of termination of contracts in the national interests or to meet national defense and security requirements.

5. The Government shall detail Clauses 2, 3 and 4 of this Article.

Article 49. Management, operation, exploitation, maintenance and protection of expressway infrastructure

The Ministry of Transport, provincial-level People’s Committees and other related organizations shall manage, operate, exploit, maintain and protect expressway infrastructure under Chapter II of this Law and the following provisions:

1. To apply intelligent transport in the management, operation, exploitation and maintenance of expressway infrastructure in order to provide necessary information to road users; to detect, warn and handle incidents on expressways; to monitor vehicles, and collect, manage and exploit traffic data;

2. The inspection and protection of expressway infrastructure shall be carried out regularly and promptly in order to handle incidents on expressways;

3. Items related to vehicle operation safety, bridges, road tunnels and works and equipment related to safety in expressway operation and exploitation shall be regularly and periodically inspected and assessed, with repair and consequence remediation carried out promptly;

4. The exploitation of expressway infrastructure assets must comply with the law on public asset management and use, law on investment in the form of public-private partnership, and relevant regulations;

5. The Government shall detail this Article.

Article 50. Expressway tolls

 1. The State shall collect expressway tolls for vehicles operating on expressways under the all-people ownership and directly managed and operated by the State as the owner’s representative; such expressways include:

a/ Expressways using public investment funds of the State ;

b/ Expressways invested in other forms and transferred to the State upon contract termination.

2. Management and use of revenues from expressway tolls:

a/ Road management agencies shall organize the asset exploitation and remit collected toll amounts into the state budget in accordance with the law on charges and fees;

b/ Transferees of the expressway toll collection right or the expressway commercial operation and management right shall remit the amounts collected from transfer into the state budget; toll amounts collected during the performance of transfer contracts are not required to be remitted into the state budget, except revenues required to be shared with the State in accordance with law.

3. The Government shall specify conditions and time for expressway toll collection; and provide the collection of expressway tolls, for expressways specified in Clause 1 of this Article but not satisfying the conditions specified in Clause 1, Article 45 and Clause 2, Article 47 of this Law.

Article 51. Suspension of expressway operation

1. Suspension of expressway operation means temporarily prohibiting vehicles from operating on the road in one direction or both directions of traffic, on one expressway section or the whole expressway, except on-duty vehicles of the People’s Army and People’s Public Security forces, vehicles performing the fire prevention and fighting, rescue, ambulance, dike protection, incident remediation or road traffic safety assurance duties.

2. Cases in which an expressway is subject to operation suspension:

a/ The work is damaged due to an incident or consequences of a disaster and can no longer be safely exploited and used;

b/ A fire, an explosion or an extremely serious traffic accident occurs, necessitating the operation suspension for rescue and road traffic safety assurance;

c/ A national defense and security requirement arises or another special case occurs upon request of a competent state agency.

3. When detecting a risk of unsafe traffic or occurrence of an incident at an expressway work affecting the safety of people, vehicles and other assets, the expressway management and use unit shall:

a/ Promptly suspend the use of the expressway and notify, within 60 minutes from the time of suspension, a competent person of the reason(s) for the suspension and take responsibility for its decision;

b/ Take measures to ensure the safety of people, vehicles and other assets; and limit and prevent possible hazards to the work;

c/ Protect the scene; participate in rescue, and handling of traffic congestion;

d/ Notify the incident to the traffic police performing the duty of ensuring traffic order and safety on the expressway, road management agency, expressway traffic management and administration center, and local administration.

4. When suspending the operation of an expressway, the following jobs shall be carried out:

a/ Expressway management and use units shall urgently take measures to ensure smooth traffic in order to limit traffic congestion; adjust and add road sign works and other works serving traffic assurance; participate in providing instructions to people and vehicles operating on the road; coordinate with the traffic police and local administration in organizing traffic on the expressway; repair damage and tackle problems on the expressway in order to ensure that the expressway is put into operation and use in conformity with the relevant technical regulations and standards on designs;

b/ The traffic police shall perform the traffic command and control tasks;

c/ The local administration shall participate in ensuring smooth traffic when it is necessary to guide vehicles operating on the expressway in moving to roads under the local management;

d/ Rescue activities must comply with this Law, the law on road traffic order and safety and relevant regulations.

Article 52. Rest areas and bus stops

1. Rest areas shall be constructed according to national technical regulations promulgated by the Minister of Transport and technical standards declared by competent authorities to serve their operation in synchrony with expressway works, provide services to road users, support rescue, repair activities, and supply of fuels and energy for vehicles operating on the road.

2. The construction of rest areas is as follows:

a/ For expressway projects using public investment funds, rest areas shall be constructed together with such projects or investors shall be selected in accordance with the bidding law;

b/ For expressway projects invested in the form of public-private partnership, rest areas shall be constructed together with such projects;

c/ For existing rest areas that are public assets, the State shall select investors to operate or exploit or upgrade, expand, renovate, modernize, operate and exploit them in accordance with the bidding law or the law on public asset management and use or in the course of implementation of expressway projects invested in the form of public-private partnership.

3. In case of necessity, based on the service use demand and nature of projects, competent agencies shall consider and decide on construction of bus stops to serve road users operating on expressways.

4. Locations and sizes of rest areas and bus stops shall be determined upon project formulation and construction engineering.

5. The Government shall detail Clause 2 of this Article. The Minister of Transport shall detail Clauses 3 and 4 of this Article.

Article 53. Expressway traffic management and operation centers

1. Expressway traffic management and operation centers constitute part of the intelligent transport system, and shall be built simultaneously with the construction of expressways in order to serve the management, administration and maintenance of one expressway or a number of interconnected expressways; and to support road users.

2. An expressway traffic management and administration center consists of:

a/ Working offices of expressway management and use units; infrastructure and civil works serving the management, operation and installation of technological equipment; other necessary technical infrastructure facilities; and a technological equipment system for storing, analyzing and processing data and displaying information on traffic state on one expressway or a number of interconnected expressways;

b/ Infrastructure for the traffic police force to perform the duty of ensuring traffic order and safety on expressways;

c/ Equipment installed along expressways, including a system of technological equipment for collecting information to serve the management, operation, exploitation, maintenance and protection of road infrastructure and the provision of information to road users and smart vehicles.

3. Expenses for management, operation and maintenance of expressway traffic management and administration centers shall be included in expenses for management, operation, exploitation, maintenance and protection of expressway works.

Article 54. Information serving the management, use, operation and exploitation of expressways

1. Information serving the management, use, operation and exploitation of expressways includes fixed information and changing information communicated to expressway traffic management and administration centers for traffic administration.

2. Fixed information on expressways includes information displayed on road sign works, except the information specified at Point d, Clause 3 of this Article.

3. Changing information includes:

a/ Information on adjustment of traffic organization for a certain period of time serving the repair and maintenance of works; information for ensuring road traffic order and safety;

b/ Information on traffic state on expressways; information on locations and time of occurrence of road traffic accidents, traffic congestion, work incidents, fire and explosion incidents, and work repair and maintenance positions;

c/ Information on weather and disaster events that might affect traffic;

d/ Orders given by traffic commanders and guards, information on traffic lights, information on electronic signage, and other information.

4. Forms of display of changing information to serve road users:

a/ The information specified in Clause 3 of this Article may be broadcast on radio or posted on electronic newspapers and in other licensed media;

b/ The information specified at Point a, Clause 3 of this Article shall be displayed on road signs and temporary signs;

c/ The system of electronic signage installed on roads may display the information specified in Clause 3 of this Article;

d/ Information provided by expressway management and use units directly or by telephone and email or via information technology platforms to road users and related subjects.

5. The provision, receipt, exploitation and use of information are as follows:

a/ Expressway management and use units shall provide the information specified in Clause 2, and at Points a, b and c, Clause 3, of this Article to expressway traffic management and operation centers, the traffic police and the media specified at Point a, Clause 4 of this Article;

b/ The traffic police shall provide information on the situation of road traffic accidents and traffic administration commands to expressway traffic management and administration centers, expressway management and use units and the media specified at Point a, Clause 4 of this Article;

c/ Organizations assigned to maintain expressways shall provide information on traffic state, road traffic accidents, work damage and incidents, and locations undergoing maintenance, and other necessary information to expressway traffic management and operation centers, the traffic police, and expressway management and use units;

d/ The information specified at Points a, b and c of this Clause shall be provided in an accurate and timely manner, and stored and preserved at expressway traffic management and operation centers.

Article 55. Expenses for management, operation, exploitation, maintenance and protection of expressways

Expenses for management, operation, exploitation, maintenance and protection of expressways must comply with Article 41 of this Law and the following provisions:

1. Expenses for management, operation, exploitation, maintenance and protection of expressways managed and operated by the State shall be covered by the state budget;

2. Expenses for management, operation, exploitation, maintenance and protection of expressways invested in the form of public-private partnership must comply with the law on investment in the form of public-private partnership.

Chapter IV

ROAD TRANSPORT

Article 56. Road transport activities

1. Road transport activities mean the use of rudimentary vehicles and motor vehicles by organizations and individuals to transport people and cargoes on domestic and international roads. Road transport activities include transport business activities and in-house transport activities.

2. Domestic road transport activities mean activities carried out by organizations and individuals using rudimentary vehicles or motor vehicles to transport people and cargoes on roads within Vietnam’s territory.

3. International road transport activities mean activities carried out by organizations and individuals using motor vehicles to transport people and cargoes between Vietnam and foreign countries. International road transport activities must comply with this Law and the law on road traffic order and safety and conform to treaties to which the Socialist Republic of Vietnam is a contracting party. Motor vehicles used in international road transport business of foreign countries are not allowed to transport people and cargoes on routes with starting and ending points located in Vietnam’s territory.

4. Road transport business means activities carried out by organizations and individuals (below collectively referred to as transport business units) using rudimentary vehicles or motor vehicles to provide services of transporting people and cargoes on roads for the profit-making purpose.

5. Business of transport by automobile or motorized four-wheeled vehicle includes passenger transportation business and cargo transportation business. Business of transport by automobile or motorized four-wheeled vehicle means that organizations and individuals perform at least one of the following stages: administering vehicles and drivers, and deciding on freight rates for passenger or cargo transportation on roads for the profit-making purpose, except the in-house transport activities specified in Clause 12 of this Article.

6. Business of passenger transportation by automobile includes business of passenger transportation on fixed routes, business of mass transit by bus, business of passenger transportation by taxi, business of passenger transportation under contracts and new types of passenger transportation business under the Government’s regulations.

7. Business of passenger transportation on fixed routes means a type of passenger transportation business that uses passenger automobiles with 8 seats or more (excluding the driver’s) each to transport passengers, with designated bus stations of departure and destination and specified schedules and itineraries.

8. Business of mass transit by bus means a type of passenger transportation business that uses passenger automobiles with 08 seats or more (excluding the driver’s) each to transport passengers, with designated departure points, destination points and bus stops for passenger pick-up and drop-off, and with specified schedules and itineraries; routes of this type of transportation business include intra-provincial bus routes and inter-provincial bus routes, specifically as follows:

a/ Intra-provincial bus route means a bus route operating in the area of a province or centrally run city;

b/ Inter-provincial bus route means a bus route operating in 2 or more provinces or centrally run cities.

9. Business of passenger transportation by taxi means a type of passenger transportation business that uses passenger automobiles with less than 8 seats (excluding the driver’s) each to carry out transportation upon request of passengers; taxi fare shall be selected by passengers by one of the following methods:

a/ Tax fare calculated and displayed on taximeters;

b/ Taxi fare calculated via fare calculation software that is directly connected to electronic devices of passengers;

c/ Taxi fare agreed upon with transport business units.

10. Business of passenger transport under contracts means a type of passenger transport business that uses passenger automobiles to transport passengers under written transport contracts between passenger transport business units and transport hirers, covering the hiring of drivers.

In case a transport business unit uses a passenger automobile with 8 seats or more (excluding the driver’s), it is required to have a written transport contract between such unit and the hirer who hires the vehicle, including the driver.

11. Business of cargo transportation by automobile means a type of transport business that uses cargo trucks or special-use automobiles to transport cargoes on roads.

12. Activities of internal transport by automobile or motorized four-wheeled vehicle means non-commercial transport activities, without the collection of freight charges, with transportation expenses included in expenses for management, production and sale of products or services of carriers; such activities include internal transportation of passengers and internal transportation of cargoes, and are specified as follows:

a/ Internal transportation of passengers by automobile or motorized four-wheeled vehicle means the use of automobiles or motorized four-wheeled vehicles by agencies or organizations to transport their officials, employees, workers, preschool children, pupils and students;

b/ Internal transportation of cargoes by automobile or motorized four-wheeled vehicle means the use of cargo trucks, special-use automobiles or motorized four-wheeled vehicles by agencies, organizations or individuals to transport products and goods they have produced or equipment, tools, materials and fuels to serve the production and sale of products or services of such agencies, organizations or individuals.

13. Transport business units must have safety management divisions. Transport business units and in-house transport units shall ensure traffic safety management in transport activities by automobile or motorized four-wheeled vehicle.

14. The Government shall detail this Article.

Article 57. Passenger transportation by automobile

1. Business units engaged in passenger transportation by automobile have the following responsibilities:

a/ To administer vehicles and drivers or decide on freight rates for passenger transportation;

b/ To provide health checks for drivers engaged in the business of passenger transportation by automobile and employ drivers who are physically fit as specified by law;

c/ To declare transport service quality standards;

d/ To apply information technology in the management, administration and provision of data on transport activities in accordance with law;

dd/ To take responsibility or be held jointly responsible for consequences caused by their employees and representatives due to the realization of their requests in contravention of law;

e/ To take responsibility or be held jointly responsible for violations committed by their employees and representatives in accordance with law.

2. The passenger transportation by automobile must comply with Article 56 of this Law and fully satisfy requirements and conditions for ensuring road traffic order and safety specified by the law on road traffic order and safety.

3. The Minister of Transport shall provide the organization and management of passenger transportation by automobile.

4. Provincial-level People’s Councils shall base themselves on local resources to decide on provision of preferential loan interest rates at credit institutions for projects on investment in buses and construction of infrastructure to serve mass transit by bus; provide part of money amounts for mass transit by bus; and provide support for users of services of mass transit by bus through the policy on fare exemption or reduction.

Article 58. Rights and obligations of business units engaged in passenger transportation by automobile

1. Business units engaged in passenger transportation by automobile have the following rights:

a/ To collect fares;

b/ To refuse to transport passengers who commit acts of disrupting public order on automobiles, or obstructing operation of business units engaged in passenger transportation by automobile, thus affecting the life, health and assets of others, or committing fare fraud;

c/ To decide on preferential policies applicable to customers and expansion of business markets.

2. Business units engaged in passenger transportation by automobile have the following obligations:

a/ To abide by and fully implement regulations on business of transportation by automobile, conditions for business of transportation by automobile, commitments on transport quality, and transport contracts;

b/ To purchase insurance for passengers; insurance premiums shall be included in fares or value of transport contracts;

c/ To declare fare rates/prices in accordance with the price law; to provide fare tickets and fare receipts;

d/ To pay compensation for damage caused by their employees and representatives in the course of transportation in accordance with law;

dd/ To grant fare exemption or reduction to the elderly, people with disabilities and other policy beneficiaries in accordance with law;

e/ To refrain from letting organizations and individuals that have no licenses for passenger transportation by automobile to administer vehicles and drivers or decide on fare rates for passenger transportation;

g/ To refrain from employing persons who have no driver’s licenses or have driver’s licenses not suitable to vehicle types used for passenger transportation, persons whose driver’s licenses are invalidated for their violations, and persons whose driver’s licenses have been deprived or revoked, to operate passenger transportation vehicles.

Article 59. Rights and obligations of drivers and ticketing staffs on passenger transportation automobiles

1. To refuse to transport passengers who commits one of the following acts:

a/ Disrupting public order on automobiles;

b/ Obstructing the jobs of drivers and ticketing staffs on automobiles;

c/ Affecting life, health or assets of other people on automobiles;

d/ Committing fare fraud;

dd/ Committing the violations specified at Point c, Clause 2, Article 60 of this Law.

2. To refuse to operate vehicles upon detecting that such vehicles fail to satisfy the safety conditions specified by the law on road traffic order and safety.

3. To refrain from refusing to transport passengers, except where the refusal is for the reasons specified in Clause 1 of this Article; to refrain from causing difficulties to passengers who are the elderly, people with disabilities, children and pregnant women; to refrain from transferring passengers to other vehicles without their consent, except force majeure cases.

4. To collect fares at posted fare rates or according to transport contracts.

5. To show/have civilized and polite attitudes, words and behaviors; to guide passengers to be seated in designated positions, and arrange priority and courtesy seats for the elderly, people with disabilities, children and pregnant women.

6. To perform the responsibilities under the law on road traffic order and safety and relevant regulations.

Article 60. Rights and obligations of passengers

1. Passengers have the following rights:

a/ To be transported according to fare tickets, transport contracts or transport quality commitments of transport business units;

b/ To receive fare tickets or vouchers as ticket substitutes; to refuse to embark on trips before vehicles depart and have fares refunded under regulations;

c/ To be entitled to fare exemption or reduction in accordance with law.

2. Passengers have the following obligations:

a/ To pay trip fares at posted fare rates or as agreed upon with transport business units;

b/ To abide by transport regulations; to strictly follow instructions of drivers and ticketing staffs on automobiles;

c/ To refrain from carrying goods banned from circulation, dangerous goods, wild animals, goods with foul odors or other animals or goods that affect the health of passengers and the environment;

d/ To present papers proving their eligibility for fare exemption or reduction to transport service providers in accordance with law;

dd/ To carry out disease prevention and control in accordance with law.

Article 61. Cargo transportation by automobile

1. Transportation documents mean papers certifying that drivers have received cargoes of agreed quantities, types and conditions for transportation to places of cargo delivery, and serving as proofs of cargo transportation contracts.

2. Business units engaged in cargo transportation by automobile have the following responsibilities:

a/ To administer vehicles and drivers or decide on freight rates for cargo transportation;

b/ To provide health checks to drivers and employ drivers who are physically fit in accordance with law;

c/ To apply information technology to manage, administer and provide data on transport activities in accordance with law;

d/ To take responsibility or be held jointly responsible for consequences caused by their employees and representatives due to the realization of their requests in contravention of law;

dd/ To take responsibility or be held jointly responsible for violations committed by their employees and representatives in accordance with law.

3. The cargo transportation by automobile must comply with Article 56 of this Law, fully satisfy requirements and conditions for road traffic order and safety assurance in accordance with the law on road traffic order and safety and relevant regulations. For cargo transportation on roads, transportation documents are required in accordance with law.

4. The Minister of Transport shall provide the organization and management of cargo transportation by automobile.

Article 62. Rights and obligations of business units engaged in cargo transportation by automobile

1. Business units engaged in cargo transportation by automobile have the following rights:

a/ To request transport hirers to provide necessary information on cargoes to be written on transportation documents and check the truthfulness of such information;

b/ To request transport hirers to fully pay freights and arising expenses; to request transport hirers to pay compensation for damage caused by the latter’s breaches of agreements in transport contracts;

c/ To refuse to transport cargoes if transport hirers fail to hand over cargoes as agreed upon in transport contracts;

d/ To request assessment of cargoes when necessary;

dd/ To keep cargoes in custody in case transport hirers fail to fully pay freights and arising expenses as agreed upon in transport contracts.

2. Business units engaged in cargo transportation by automobile have the following obligations:

a/ To refrain from letting organizations and individuals that have no licenses for cargo transportation by automobile to administer on their behalf vehicles and drivers or decide on freight rates for cargo transportation;

b/ To refrain from employing persons who have no driver’s licenses or have driver’s licenses not suitable to vehicle types used for cargo transportation, persons whose driver’s licenses are invalidated for their violations, and persons whose driver’s licenses have been deprived or revoked to operate cargo transportation vehicles.

c/ To provide vehicles of proper types, at right time and designated places and deliver cargoes to consignees as agreed upon in transport contracts; to issue transportation documents to drivers before carrying out the transportation;

d/ To guide and inspect the loading and unloading of cargoes onto/from vehicles to ensure that they do not exceed the cargo volume allowed to be transported on roads, load capacity and size limits of roads or cargo size limits permitted for loading on vehicles and follow safety instructions in the course of cargo transportation and forwarding;

dd/ To pay compensations for damage caused by their employees and representatives in the course of cargo transportation in accordance with law.

Article 63. Rights and obligations of drivers of cargo transportation automobiles

1. Drivers of cargo transportation automobiles have the following rights:

a/ To refuse to operate vehicles upon detecting that such vehicles fail to satisfy the safety conditions; such vehicles have no tracking devices and driver image capture devices as specified by law or such devices have been installed but do not work; such vehicles are loaded with cargoes in excess of the cargo volume permitted for loading on vehicles operating on the road, or in excess of load capacity and size limits of roads or cargo size limits permitted for loading on vehicles, except where there is a circulation permit as specified by law; or such vehicles transport cargoes banned from circulation in accordance with law; or transport cargoes without transportation documents;

b/ Before carrying out cargo transportation, to request persons responsible for loading cargoes onto vehicles to sign transportation documents for certification of cargo loading; to refuse to transport cargoes in case such cargoes are loaded onto vehicles in contravention of law.

2. Drivers of cargo transportation automobiles are obliged to comply with the law on road traffic order and safety and relevant regulations.

Article 64. Rights and obligations of hirers of cargo transportation by automobile

1. Hirers of cargo transportation by automobile have the following rights:

a/ To refuse loading of cargoes onto vehicles in case such vehicles are not those agreed upon;

b/ To request business units engaged in cargo transportation by automobile to deliver cargoes on time and at places and with other contents as agreed upon;

c/ To request business units engaged in cargo transportation by automobile to pay compensations for damage in accordance with law.

2. Hirers of cargo transportation by automobile have the following obligations:

a/ To have sufficient lawful papers on cargoes and provide them to transport business units before the transportation is carried out; to pack cargoes in accordance with set specifications, fully and clearly writing cargo symbols and codes; to hand over cargoes to transport business units on time and at places and with other contents as agreed upon;

b/ To refrain from requesting loading of or from loading cargoes in excess of the cargo volume permitted for loading on vehicles operating on the road, or in excess of load capacity and size limits of roads or cargo size limits permitted for loading on vehicles, except where there is a circulation permit as specified by law;

c/ To fully pay freights and arising expenses to cargo transport business units;

d/ To appoint persons to escort cargoes in the course of transportation, for cargoes that require escorts.

Article 65. Passenger and cargo transportation by rudimentary vehicles, mopeds, two-wheeled motorcycles and three-wheeled motorcycles

1. Organizations and individuals that use rudimentary vehicles, mopeds, two-wheeled motorcycles and three-wheeled motorcycles for passenger and cargo transportation business shall comply with the law on road traffic order and safety.

2. Organizations and individuals that provide software services to facilitate the connection of transportation by rudimentary vehicles, mopeds, two-wheeled motorcycles or three-wheeled motorcycles shall comply with Article 80 of this Law.

Article 66. Passenger and cargo transport by motorized four-wheeled vehicles

1. Enterprises, cooperatives and business households using motorized four-wheeled vehicles for transport business shall comply with this Law and the law on road traffic order and safety.

2. Enterprises, cooperatives and business households lawfully established and having transport business licenses may use motorized four-wheeled vehicles for transport business.

3. Individuals may not use motorized four-wheeled vehicles for in-house transport activities, except the passenger transport business. Organizations may use motorized four-wheeled vehicles for in-house transport activities and shall comply with the law on road traffic order and safety.

Article 67. Multimodal transport

1. Multimodal transport means transport of cargo from the place of receipt to the place of delivery of cargo to the consignee by at least two different modes of transport, including the mode of road transport, under a multimodal transport contract.

2. Investment and construction of bus stations, parking lots and cargo transit hubs must ensure connectivity with other modes of transport and satisfy traffic organization requirements.

3. Provincial-level People’s Committees shall prioritize the allocation of land areas for the construction of bus stations, parking lots and cargo transit hubs in accordance with the road network master plan.

Article 68. Consigned cargoes

1. Consigned cargo means cargo sent on an automobile used for passenger transport business without the consignor on the automobile, based on an agreement between the transport business unit and the consignor.

2. It is allowed to transport cargoes with dimensions and weight suitable for vehicles and other than those banned from circulation, dangerous goods, wild animals, fetid goods, animals or other cargoes likely to adversely affect passengers’ health and the environment.

3. Persons having consigned cargoes shall make declarations of consigned cargoes, stating cargo names, quantities and weight; names, addresses and personal identification numbers of consignors and consignees.

4. Transport business units shall check consigned cargoes according to declarations of consigned cargoes and confirm the checked cargoes on such declarations. A cargo declaration form shall be made in 2 copies, each party keeps one copy.

5. Consignees of consigned cargoes shall present their personal identity papers upon the receipt of cargoes.

6. Compensation for damage caused to consigned cargoes shall be paid in accordance with the civil law and other relevant laws, except the cases specified in Clause 7 of this Article.

7. Transport business units are exempted from paying compensation for damage to consigned cargoes in the following cases:

a/ The damage is caused by natural characteristics or inherent defects of the consigned cargoes or their shrinkage is within the allowable level;

b/ The damage is caused by the seizure or enforcement of the consigned cargoes by competent state agencies;

c/ The damage is caused by force majeure events;

d/ The damage is caused by fault of consignors, supercargoes or consignees.

Article 69. Patient transport by ambulance

1. Patient transport service means the use of ambulances that have special-use medical equipment by organizations and individuals to transport emergency patients or other patients.

2. Medical examination and treatment establishments, organizations and individuals providing patient transport services and using ambulances to transport patients shall satisfy the conditions specified by the law on medical examination and treatment and relevant regulations.

3. Ambulances transporting patients must have identification signs, have information displayed and be mounted with vehicle tracking devices and driver image capture devices in accordance with the law on road traffic order and safety and other relevant laws.

Article 70. Transport of preschool children and pupils by automobile

1. Transport of preschool children and pupils by automobile means use of automobiles to transport preschool children and pupils to and from their places of residence and places of study or to participate in other activities.

2. Transport of preschool children and pupils by automobile may be organized by education institutions or transport business units and is provided as follows:

a/ In case education institutions organize transport of preschool children and pupils, they shall comply with regulations on by-automobile in-house transport activities;

b/ In case transport business units transport preschool children and pupils by automobile, they shall comply with regulations on by-automobile transport business.

3. Transport of preschool children and pupils by automobile must comply with the law on road traffic order and safety.

Article 71. Road transport support services

Road transport support services include services of bus stations, rest areas, parking lots, cargo transport agency, ticket agency, cargo consolidation, transshipment, warehousing, loading and unloading on vehicles operating on the road, road motor vehicle rental, road rescues, software supporting by-automobile transport connection.

Article 72. Bus station and rest area services

1. Bus station and rest area service providers shall be established in accordance with the enterprise and cooperative laws.

2. Operation of bus stations and rest areas must ensure quality, order, safety, environmental sanitation, and fire and explosion prevention and fighting and submit to the management by local state management agencies.

3. Bus station service providers have the following rights and obligations:

a/ To arrange automobiles fully meeting transport business conditions to enter stations to pick up and drop off passengers;

b/ To lease ticket offices or organize the sale of tickets to passengers under contracts with transport business units;

c/ To declare, post up and announce information on service charge rates for automobiles entering and leaving stations in accordance with the price law.

4. Truck station service providers have the following rights and obligations:

a/ To arrange trucks to enter and leave stations to load and unload cargoes;

b/ To provide cargo warehousing, consignment, packaging, preservation, loading and unloading services in accordance with this Law;

c/ To declare, post up and announce information on service charge rates for trucks entering and leaving stations in accordance with the price law.

5. Rest area service providers have the following rights and obligations:

a/ To provide services to road users and vehicles operating on the road;

b/ To perform jobs under consignment contracts with transport business units.

6. Provincial-level People’s Committees shall base themselves on types of bus stations to determine charge rates for vehicles entering and leaving bus stations in accordance with the price law.

7. Provincial-level People’s Committees shall allocate land areas for construction of bus stations, truck stations or passenger transit hubs at centers of urban areas to interconnect modes of passenger transport within and outside urban areas. Bus stations shall be stably located in traffic connection hubs.

Article 73. Parking lot services

1. Parking lot service providers shall be established in accordance with the enterprise and cooperative laws.

2. Parking lot service providers may provide the following services:

a/ Safeguarding of road vehicles;

b/ Maintenance and repair of road vehicles;

c/ Supply of fuels and energy for road vehicles;

d/ Other services as specified by law.

3. Parking lot service providers have the following rights and obligations:

a/ To ensure security, order, environmental sanitation, and fire and explosion prevention and fighting at parking lots;

b/ To publicly notify regulations, service charge rates at parking lots, names and phone numbers of competent state management agencies for vehicle owners to make reports and complaints when necessary;

c/ To pay compensations for losses or damage caused to road vehicles under their watch;

d/ To collect road vehicle safeguarding charges;

dd/To refrain from allowing owners of vehicles used for transport business to use parking lots for picking up and dropping off passengers or loading, unloading, packaging or transshipping cargoes;

e/ To refuse to serve road vehicle owners who fail to comply with the regulations on parking lots;

g/ To submit to inspection and supervision by competent state agencies.

Article 74. Cargo transport agency services

1. Cargo transport agency service providers shall be established in accordance with the enterprise and cooperative laws.

2. Cargo transport agency service means performance by an organization or individual hired by a transport business unit of one or more of stages in the transport process, except the stage of directly administering automobiles and drivers or determining fares or freights.

3. Cargo transport agency service providers may be paid remunerations for transport agency services as agreed upon with transport business units.

4. When loading and unloading cargoes onto/from vehicles, cargo transport agency service providers shall comply with this Law and other relevant laws.

Article 75. Ticket agency services

1. Ticket agency service providers shall be established in accordance with the enterprise and cooperative laws.

2. Ticket agency service providers shall sign ticket agency contracts with by-bus transport business units or units engaged in passenger transport business along fixed routes.

3. Transport business units and ticket agency service providers may not organize passenger pick-up and drop-off at locations where ticket agencies are located, except where ticket agencies are located at bus stations.

Article 76. Cargo consolidation, transshipment and warehousing services in road transport

1. Cargo consolidation agency service, transshipment service and warehousing service providers shall be established in accordance with the enterprise and cooperative laws.

2. Cargo consolidation agency service, transshipment service and warehousing service providers shall preserve cargoes as required by cargo owners and sign contracts on cargo consolidation, transshipment or warehouse lease with cargo owners.

3. The loading of cargoes onto automobiles must comply with this Law and other relevant laws.

Article 77. Services of loading and unloading cargoes onto/from vehicles operating on the road

1. Providers of services of loading and unloading cargoes onto/from vehicles operating on the road shall be established in accordance with the enterprise and cooperative laws.

2. Weight of cargoes loaded onto vehicles must not exceed the permitted weight of cargoes transported on the road recorded on certificates of technical safety and environmental protection inspection of such vehicles and comply with the law on road traffic order and safety.

3. Persons loading cargoes are held responsible for violations relating to the cargo loading onto automobiles.

4. Persons loading and unloading cargoes shall pay compensation for cargo loss and damage in accordance with law.

Article 78. Road motor vehicle rental services

1. Road motor vehicle rental services include:

a/ Self-driving vehicle rental service, which means a service whereby an organization or individual leases passenger automobiles of under 8 seats (excluding the driver’s), mopeds, two-wheeled motorcycles or three-wheeled motorcycles to renters for driving/riding by themselves;

b/ Vehicle rental service for transport business or in-house transport activities, which means a service whereby an organization or individual leases automobiles (excluding the drivers) to renters for using such automobiles for by-automobile transport business or in-house transport activities.

2. Self-driving vehicle rental business units shall satisfy the following requirements:

a/ Leasing vehicles only when renters have valid driver’s licenses with positive points and appropriate to vehicle types to be rented;

b/ Refraining from providing drivers for renters;

c/ Signing self-driving vehicle rental contracts with renters, enclosed with copies of driver’s licenses of the renters.

3. Renters of self-driving vehicles may not use rented vehicles to transport passengers or cargoes for profit-making purposes.

4. Units providing services of vehicle rental for by-automobile transport business or in-house transport activities shall satisfy the following requirements:

a/ Being established in accordance with the enterprise and cooperative laws. Foreign service providers may only provide services through establishing joint ventures with Vietnamese partners in proportion to their capital contributions in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party and relevant regulations;

b/ Signing driverless vehicle rental contracts with renters.

Article 79. Road rescue services

1. Road rescue service providers shall satisfy the following requirements:

a/ Being established in accordance with the enterprise and cooperative laws;

b/ Ensuring traffic safety and occupational safety during the rescue process;

c/ Refraining from using rescue vehicles for by-automobile transport business.

2. Road rescue service providers shall comply with the law on road traffic order and safety.

Article 80. Services of software supporting by-automobile transport connection

1. Software supporting by-automobile transport connection means a connection protocol between a transport business unit, driver and passengers or in the electronic environment.

2. By-automobile transport business units that use software supporting by-automobile transport connection shall comply with regulations on business, conditions for by-automobile transport business, the law on e-transactions and other relevant laws.

3. Providers of services of software supporting by-automobile transport connection to by-automobile transport business units shall comply with the laws on e-commerce and e-transactions and other relevant laws.

Chapter V

STATE MANAGEMENT OF ROAD-RELATED ACTIVITIES

Article 86. Contents of state management of road-related activities

1. Formulating, promulgating, or submitting to competent agencies for promulgation and organizing the implementation of, policies, laws, technical regulations, standards, and econo-technical norms on road-related activities.

2. Formulating, promulgating, and organizing the implementation of, master plans and plans on road-related activities.

3. Carrying out public communication, dissemination and education of the laws governing road-related activities.

4. Investing in, constructing, managing, operating, exploiting, maintaining and protecting road infrastructure.

5. Managing road transport and road transport support services.

6. Organizing science and technology research and application; organizing training and further training of human resources for road-related activities;

7. Carrying out examination and inspection, and settling complaints and denunciations; handling violations of the regulations on road-related activities.

8. Undertaking international cooperation on road-related activities.

Article 82. Responsibilities for state management of road-related activities

1. The Government shall perform the unified state management of road-related activities.

2. The Ministry of Transport shall assist the Government in performing the state management of road-related activities.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Transport in, performing the state management of road-related activities.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, organizing the state management of road-related activities.

Article 83. Road inspectorates

Road inspectorates have the following tasks:

1. To inspect, examine and handle law violations related to road infrastructure; road transport activities of transport units, bus stations, parking lots, rest areas and transport support service providers;

2. To inspect, examine, and handle violations in driver training and testing, and grant of road motor vehicle driver’s licenses, inspection of technical safety and environmental protection for motor vehicles, except driver training and testing, and grant of driver’s licenses, inspection of technical safety and environmental protection for vehicles of the People’s Army and People’s Public Security forces performing national defense and security tasks in accordance with the law on road traffic order and safety;

3. To perform other tasks in accordance with the inspection law and other relevant laws.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 84. To amend and supplement a number of articles of relevant laws

1. To amend and supplement ordinal number 1.1 and add ordinal number 1.1a below ordinal number 1.1, ordinal number 1 of Part V - Charges in the field of transport on the List of charges and fees promulgated together with Law No. 97/2015/QH13 on Charges and Fees, which has a number of articles amended and supplemented under Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 20/2023/QH15, and Law No. 24/2023/QH15, as follows:

2. To amend and supplement ordinal number 23 on the List of technical and specialized master plans in Appendix II to Planning Law No. 21/2017/QH14, which has a number of articles amended and supplemented under Law No. 15/2023/QH15, Law No. 16/2023/QH15, Law No. 28/2023/QH15 and Law No. 31/2024/QH15, as follows:

3. To amend and supplement a number of articles of Law No. 64/2020/QH14 on Investment in the Form of Public-Private Partnership,  which has a number of articles amended and supplemented under Law No. 03/2022/QH15 and Law No. 28/2023/QH15, as follows:

a/ To amend and supplement Clause 4, Article 45 as follows:

“4. For the projects specified at Point b, Clause 9, Article 3 of this Law, contracts applying the mechanism of collecting charges directly from users may not apply, except projects on renovation, upgrading, expansion, modernization, operation and commercial operation of infrastructure facilities of existing expressways or roads currently in use that have been renovated or upgraded into expressways, while the right of choice of service users shall be guaranteed.”;

b/ To amend and supplement Point b, Clause 4, Article 52 as follows:

“b/ Pending the implementation of a handling plan or pending the selection of a replacement investor, to ensure safety and prevent degradation of infrastructure facilities and systems, for a project currently under construction; to run and commercially operate infrastructure facilities and systems in order to ensure uninterrupted provision of public products and services, for a project currently in operation. For road infrastructure, the contract-signing agency shall also perform the tasks in accordance with of the law on roads and other relevant laws.”.

c/ To amend and supplement Point b, Clause 4, Article 70 as follows:

“b/ Value of public assets in accordance with the law on management and use of public assets.

For projects on renovation, upgrading, expansion, modernization, operation and commercial operation of infrastructure facilities of existing expressways or roads currently in use that have been renovated or upgraded into expressways, the value of existing road infrastructure assets may not be included in the ratio of state capital invested in projects.”.

4. To amend and supplement Clause 5, and add Clause 5a below Clause 5, Article 51 of Electricity Law No. 28/2004/QH11, which has a number of articles amended and supplemented under Law No. 24/2012/QH13, Law No. 28/2018/QH14, Law No. 03/2022/QH15, and Law No. 16/2023/QH15, as follows:

“5. At a cross-section between an overhead power transmission line and a railway, the minimum clearance height of the electricity transmission line at the lowest point when the line is in the state of maximum sagging is 4.5 meters plus the voltage-based discharge safety distance.

Where the highest point on a vehicle is greater than 4.5 meters, the vehicle owner shall contact the high-voltage power grid-managing unit for application of necessary safety measures.

5a. At a cross-section between an overhead power transmission line and a road, the vertical distance from the highest point of the road surface to the lowest point of the power transmission line above the road must not be smaller than the overhead clearance height of the road plus the voltage-based discharge safety distance.

Where the highest point on a vehicle is greater than the distance specified in Clause, the vehicle owner shall contact the high-voltage power grid-managing unit for application of necessary safety measures.”.

Article 85. Effect

1. This Law takes effect on January 1, 2025, except the cases specified in Clause 2 of this Article.

2. Points a and b, Clause 2, Article 42, Article 43, Article 50, and Clause 1, Article 84, of this Law take effect on October 1, 2024.

3. Law No. 23/2008/QH12 on Road Traffic, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 and Law No. 44/2019/QH14, ceases to be effective on the effective date of this Law, except the cases specified in Article 86 of this Law.

Article 86. Transitional provisions

1. For expressway projects of which investment policy is decided before the effective date of this Law but which have not fully satisfied the requirements specified in this Law, the investment in such projects may further be implemented according to investment policy decisions approved by competent authorities.

2. For expressways put into operation before the effective date of this Law but having not yet complied with Clause 1, Article 45, and Clause 2, Article 47, of this Law and the expressways specified in Clause 1 of this Article, the investment and construction schedule must comply with this Law and the Government’s regulations.

This Law was passed on June 27, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam, at its 7^th session.-

Chairman of the National Assembly
TRAN THANH MAN