Circular No. 03/2019/TT-BGTVT on prevention, control, and mitigation of natural disaster consequences in the road sector

CIRCULAR

Article 24Regulations on disaster prevention, mitigation, and aftermath recovery

in the road sector

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

Pursuant to the Law on Disaster Prevention and Control dated June 19, 2013;

Pursuant to Decree No. 160/2018/NĐ-CP dated November 29, 2018 of the Government detailing implementation of certain provisions of the Law on Disaster Prevention and Control;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation for responding to environmental incidents, natural disasters, and search and rescue;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Road Traffic Safety and the General Director of the Vietnam Highway Administration;

The Minister of Transport shall stipulate regulations on disaster prevention, mitigation, and aftermath recovery in the road sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes disaster prevention, mitigation, and aftermath recovery activities in the road sector.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, within the territory of Vietnam that are related to disaster prevention, mitigation, and aftermath recovery activities in the road sector.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Road collapse refers to the deformation and damage of the road foundation, cut slope, and embankment caused by natural disasters.

2. Road disaster prevention and control works refer to permanent or temporary structures built to limit or mitigate the impacts of natural disasters on road works, office buildings, warehouses, workshops, or for forecasting, warning, commanding, and directing disaster prevention and control activities.

3. Road management agency refers to the Directorate of Roads (for national highways) and the Department of Transportation (for road works under delegated or authorized management).

4. Road project enterprise investing in construction and management of road works includes public-private partnership (PPP) enterprises and enterprises assigned by the State to invest in, manage, and operate road works.

5. Road maintenance contractor refers to organizations and individuals responsible for managing, operating, and maintaining road works according to contracts signed with the direct management agencies of the road works or agencies assigned by the State to manage maintenance projects. Road maintenance contractors include regular maintenance and operation contractors, repair contractors, and other contractors involved in road work maintenance tasks.

Article 4. Principles of disaster prevention, mitigation, and aftermath recovery activities in the road sector

1. Adhere to the basic principles of disaster prevention and control as stipulated in Article 4 of the Law on Disaster Prevention and Control.

2. When natural disasters weaken or after weather conditions return to normal, organizations and individuals must immediately implement response measures to restore traffic operations and ensure safe and smooth traffic flow by addressing damages to road works.

3. Measures for disaster prevention, mitigation, and aftermath recovery in the planned activities must be adequately staffed and resourced based on the principle of "Four-in-Place" ("Local Forces - Local Command - Local Supplies - Local Equipment") to minimize the impact of natural disasters and provide rapid rescue and recovery.

4. Ensure safety for people and vehicles participating in disaster prevention, mitigation, and aftermath recovery activities, as well as transportation infrastructure and vehicles operating on roads, and minimize incidents and accidents caused by these activities themselves.

Chapter II

NATURAL DISASTER PREVENTION

Article 5. Disaster Prevention Content

The road management agencies, Project Management Board, units, enterprises investing in and managing the operation of road construction projects, according to their assigned tasks, shall be responsible for implementing the following disaster prevention contents:

1. Developing plans to prevent and combat disasters aimed at minimizing the impact of disasters on the road transport infrastructure system, road transport vehicles; preventing risks of damage or destruction of works when disasters occur.

2. Within the scope of management of the unit, regularly inspecting and evaluating the safety level of works that need protection or works related to disaster prevention, response, and search and rescue operations. If damage or deterioration is discovered, timely measures must be taken; in cases exceeding the capacity of the unit, immediate reports must be made to the superior agency for handling and remediation before the rainy and storm season.

3. Directing the development of "Disaster Prevention Plans" for contractors constructing works, maintenance contractors of operating roads, and other relevant units. The plan must anticipate possible disaster incidents; estimate the degree of impact on road works, equipment, assets, workshops, road transport vehicles; establish appropriate plans and measures for handling according to the following contents:

a) Measures to reinforce, repair, cover, shield, secure, brace, prop up, wedge, press down to protect works, workshops, equipment, vehicles, goods;

b) Evacuation plans for vehicles, equipment, goods; rescue and search and rescue plans, passenger and cargo transfer plans;

c) Stockpiling materials and backup equipment to prevent disasters causing long-term road collapse and traffic disruption;

d) Measures to prevent objects from being carried away or washed into bridge and culvert works during floods;

đ) Establishing traffic assurance plans and traffic diversion plans when there are road blockages on national highways and local roads;

e) Continuously monitoring the development of typhoons, tropical depressions, rain, floods, incidents, and disasters; observing the actual situation of disasters affecting works; monitoring the ability of works and equipment to withstand incidents and disasters;

g) Establishing information dissemination procedures during incident and disaster periods. Anticipating situations such as power outages, communication disruptions to proactively prevent and quickly and effectively address them when they occur;

4. Strengthening inspections of flood, storm, incident, and disaster prevention work of subordinate units, particularly at key and weak works;

5. Organizing and participating in training sessions on skills for handling information in disaster prevention, response, and aftermath mitigation and rescue operations;

6. Commanding the activities of emergency forces for disaster prevention, response, aftermath mitigation, and rescue operations of the unit;

7. Establishing a standing body to update information on disaster developments;

Article 6. Disaster Prevention for New Road Construction Projects

1. New road construction projects must have the capability to withstand the impact of disasters;

2. During surveying and design phases, regulations in applicable technical standards and norms must be followed based on the following requirements:

a) Studying the topography and geomorphology of the construction site area and watershed, the formation of upstream works affecting the road project. Collecting comprehensive statistical data on rainfall volume, flow rate, water level rise, wave erosion, tidal pressure in coastal areas, wind pressure; researching the situation of incidents and disasters in the region, historical data, geological exploration data in the construction area to serve as a basis for design work;

b) Selecting construction sites, materials, and suitable structures to minimize the impact of disasters to the lowest extent possible;

c) Calculating hydrology according to design flow rates; designing structures according to wind intensity to ensure stability against wind and storms for the overall project as well as individual components; designing according to standards taking into account the impact of global and regional climate change, impacts of water conservancy, hydropower, agricultural, and fishery works, and human-induced environmental destruction such as deforestation and raw material extraction altering the environment in the construction area;

d) When designing bridge spans, efforts should be made to avoid narrowing natural river or stream flows to prevent flooding and erosion of bridge piers and abutments. Calculations must be made for the depth of erosion under pier and abutment bases to determine the depth of foundation placement deeper than the river bottom after safe erosion depth, depending on the type of foundation. Designing guide walls to adjust flow direction, paving slopes of earth embankments and approaches to bridges, building protective piers near bridge piers to deflect floating debris from hitting the piers directly;

đ) For road works, fully calculating drainage channels (longitudinal, transverse, crest) with sufficient area and structure to handle large volumes and speeds of water during heavy rains and floods;

e) The road surface elevation must be higher than the calculated highest water level during disasters. In cases where water overflows onto the road surface must be accepted, special designs must be made to protect that section of the road, such as paving and reinforcing the road shoulders to resist erosion, and the road base must be reinforced to withstand vehicle loads in saturated conditions;

g) Slope protection must have a gradient ensuring stability in adverse conditions during floods, storms, and heavy rains, with surface and groundwater effects;

h) Applying scientific and technological advancements to create works capable of withstanding the impact of incidents and disasters. Researching hydrological and hydraulic laws of rivers, disaster patterns in each region to propose reasonable structural types resistant to incidents and disasters.

Article 7. Prevention of natural disasters for construction works under construction

1. Construction works with prolonged construction time must have plans to prevent the harmful effects of natural disasters to ensure the safety of completed work volumes, traffic safety, and safety for auxiliary works, construction equipment, material storage areas, workshops, and living quarters for staff.

2. The project owner or construction unit must purchase insurance for people, machinery, and construction works at least up to the approved insurance expenditure level within the total investment amount of the construction project.

3. Prevention of natural disasters during the design, organization of construction, and preparation for construction

a) The basis for designing construction organization and overall progress must be based on actual survey data of the area and consider disaster prevention and control plans.

b) Overall progress must be reasonable, avoiding scattered and prolonged construction, especially for underwater projects and flood-prone areas.

c) The construction site area must be arranged reasonably and safely against natural disasters. Workshops and material storage areas must be located in high places that do not flood and must be secured to prevent collapse when encountering wind or storms.

d) Construction equipment must be stored safely, floating means must have sheltered areas or wind-sheltered locations to secure them during rainstorms.

đ) The disaster prevention plan of the construction contractor, road management and maintenance contractor must be submitted to the County Disaster Prevention and Rescue Command and the road management agency for effective guidance and coordination in disaster prevention and control.

4. Prevention of natural disasters during construction and completion of works

a) Construction must follow procedures and ensure traffic safety when working on operational roads according to approved construction organization plans and disaster prevention and control plans.

b) Do not discard waste materials that block water flow. After completion, clear the riverbed to ensure good drainage and traffic safety.

c) When natural disasters are imminent in the construction area, personnel and equipment must be arranged, actual conditions of the works inspected, and disaster prevention measures urged.

d) Lower high equipment, move underwater vehicles to wind-sheltered locations and securely moor them; tidy up materials, store equipment in designated areas, prepare emergency supplies, repair damaged road structures to ensure safe traffic in all situations.

đ) Prepare forces, means, equipment, and necessary materials to participate in disaster prevention, control, and aftermath mitigation according to requirements and mobilization orders from competent state agencies.

Article 8. Prevention of natural disasters for operational and utilized works

1. For small bridges and culverts

a) For small bridges: Ensure unobstructed water flow upstream and downstream to guarantee good drainage. Parts prone to erosion such as cone heads, bridgeheads, abutment bases, and energy dissipation aprons need to be repaired and reinforced before the rainy season.

b) For culverts: Clear sediment traps and culvert channels both before and during the rainy season, reinforce headwalls and energy dissipation aprons; for culverts in areas with drifting rocks and trees, measures to strengthen against rock and tree drift blocking the culvert must be taken.

2. For medium and large bridges

a) Regular inspections and repairs must be carried out annually, particularly for parts susceptible to damage from rain and floods, as stipulated.

b) For bridges in areas with drifting rocks and trees: Regularly remove trees and debris to prevent them from attaching to bridge piers and the bottom of beams.

c) For rivers and streams with changing flows: Measures to adjust the flow and reinforce riverbanks and bridge abutments must be implemented.

d) For large bridges: Monitor wind speed on the bridge regularly; if wind speed exceeds the design standard, promptly close the bridge (temporarily halt traffic) and redirect traffic to ensure safety.

3. For road embankments: Roadside slopes and shoulders must be mowed and trimmed to the designed slope; unstable embankment slopes require retaining walls or slope reinforcement; areas frequently flooded require shoulder and embankment reinforcement, and the pavement structure must be made of suitable materials.

4. For drainage ditches (including longitudinal ditches, crown ditches, gutter ditches, and side ditches): Maintain cleanliness, dredge mud and stones, ensuring good drainage. Repairs to ditches affecting drainage capacity must be done before the rainy season.

5. For overflow channels and culverts: Repair surfaces, embankments, upstream and downstream energy dissipation aprons, repaint warning systems, markers, water level gauges, and have standby forces at both ends of the culvert when flooded to manage traffic. After flooding recedes, inspect the condition of the overflow channel and culvert, only allowing traffic when safe.

6. For floating structures, pontoon bridges, ferries, and boats

a) Secure all objects on the vessel to prevent movement, rolling, breaking, or shifting during operation.

b) Ensure watertightness of deck covers. Ferry, pontoon, and boat hulls and bottoms must not be punctured or leak.

c) Ensure the vessel operates well, pump systems can dry out compartments and decks, and open decks have sufficient drainage holes.

d) Have adequate shelters and mooring systems for hiding ferries and pontoons during natural disasters.

đ) Equip with full lifesaving and firefighting devices.

7. For road tunnels and passageways

a) For important road tunnel projects: Implement appropriate disaster prevention and aftermath mitigation measures according to the scale of the project; if there are specific management regulations, follow those provisions.

b) Regularly inspect and promptly repair and reinforce parts easily damaged by natural disasters such as electrical systems, pumps, drainage, erosion control, rock and tree drift at tunnel entrances. Develop contingency plans for power outages, excessive rainfall flooding the tunnel causing inundation.

Chapter III

PART ON DEPLOYING RESPONSES TO INCIDENTS, DISASTERS AND SEARCH AND RESCUE OPERATIONS

Article 9. Directing and Commanding Responses to Incidents, Disasters and Search and Rescue Operations

1. On the basis of weather forecasts and disaster warnings, directives from higher authorities, the Vietnam Highway Administration (for the national highway system) and the Department of Transport (for local road systems), within their functional and assigned tasks, shall direct and command the implementation of measures to respond to incidents, disasters and search and rescue operations in the field of road transport.

2. The Steering Committees for Flood and Storm Control and Search and Rescue Operations (hereinafter referred to as Steering Committees for Flood and Storm Control and Search and Rescue Operations) of the road sector must be on duty 24/24 hours to closely monitor the development of incident and disaster situations; based on the level of danger, impact of disasters, geographical conditions, and actual circumstances, select and apply appropriate and timely measures to respond to incidents, disasters and search and rescue operations; directly direct or advise the heads of agencies and units to implement the proposed response measures to incidents, disasters and search and rescue operations.

3. Agencies, units, and enterprises investing in construction and managing operation of road works must complete basic preventive disaster tasks before the rainy and storm seasons.

4. Based on forecasts, warnings, levels of disaster risk, developments of disasters, directives and commands from the Steering Committee for Flood and Storm Control and Search and Rescue Operations of the Ministry of Transport and the Steering Committee for Flood and Storm Control and Search and Rescue Operations of the Vietnam Highway Administration, within their functional and assigned tasks and powers, the Road Management Bureaus, Departments of Transport, Project Management Boards have the following responsibilities:

a) To decide on selecting plans, measures, and organizing the implementation of responses to incidents, disasters and search and rescue operations that are suitable with the development of disasters and actual conditions of the area; in cases exceeding their capacity, report to the Ministry of Transport, the Vietnam Highway Administration (for the national highway system) and the People's Committee of the province (for local roads) for coordination in directing responses to incidents, disasters and search and rescue operations;

b) To coordinate with local Steering Committees for Flood and Storm Control and Search and Rescue Operations to proactively organize work to respond to incidents, disasters and search and rescue operations in their areas;

c) To promptly compile and report damage caused by disasters and bear responsibility for the accuracy of reported information and data.

5. When disasters occur, management agencies of roads, project management boards, units, and enterprises investing in construction and managing operation of road works, within their scope of responsibility and assigned tasks, must implement proposed measures to respond to incidents, disasters and search and rescue operations, ensuring the following requirements:

a) Rescuing people and protecting state and public property;

b) Immediately reinforcing and repairing at the site locations and areas where incidents occurred to reduce damage caused by disasters to road transport infrastructure. In cases where incidents exceed the unit's capacity, immediately report and propose to competent authorities for necessary support;

c) When there is a risk of road collapse, landslides, debris flows posing dangers to people and road transport vehicles, limit or reroute traffic or prohibit passage;

d) Monitor, guide, and proactively implement restrictions or prohibitions on people and vehicles entering dangerous areas, flooded routes, areas at risk of landslides due to rain and floods or water currents;

đ) Ensuring transportation and communication meet the requirements for directing and commanding flood and storm control and search and rescue operations;

e) Cooperating with local Steering Committees for Flood and Storm Control and Search and Rescue Operations in conducting search and rescue activities, treating injured persons, providing food, medicine, drinking water, and other essential supplies in isolated and severely flooded areas;

g) Ensuring security and social order in areas where incidents and disasters occur;

h) Complying with directives from competent state authorities, urgently mobilizing manpower, materials, equipment, and essential supplies to promptly respond to disasters;

i) Cease responding to incidents, disasters and search and rescue operations when there is a potential danger to people and equipment performing disaster response tasks; simultaneously direct the sealing off of the area to ensure safety.

6. Competent authorities and contractors maintaining road works, when mobilizing forces, materials, equipment, and backup supplies under their management to respond to incidents, disasters and search and rescue operations, must establish all mobilization procedures and material transfer receipts in accordance with the law as the basis for payment and reimbursement.

In cases where manpower, equipment, supplies, and backup materials have been mobilized to the scene to respond to incidents, disasters and search and rescue operations but the incident does not occur, on-site records should be made and representatives of road management agencies, county-level Steering Committees for Flood and Storm Control and Search and Rescue Operations, or the People's Committee of the county where the scene is located should be invited to confirm the record as the basis for payment. The Road Management Bureau and the Department of Transport are responsible for reviewing, assessing, and paying or proposing payment to the unit according to regulations.

Article 10. Coordination Activities in Response to Emergencies, Natural Disasters, and Search and Rescue Operations

1. Coordination activities for rescuing people in danger in areas affected by natural disasters include:

a) Evacuating people from dangerous areas;

b) Providing timely medical assistance to those in danger; searching for missing persons and means of transport;

c) Mobilizing personnel, materials, and equipment to participate in rescue operations when necessary.

2. Responsibilities for coordination in rescue operations are defined as follows:

a) The Highway Administration Bureaus, Departments of Transport, Project Management Boards, project sponsors, construction enterprises, and operators of road infrastructure must proactively engage in rescue operations and have the responsibility to participate in search and rescue efforts upon mobilization by competent authorities;

b) Emergency response forces at disaster sites must fully utilize their capabilities to quickly rescue victims from dangerous areas; in cases where their capacity is exceeded, they must immediately notify specialized search and rescue or nearest medical emergency services; they must also be ready to cooperate when requested;

c) The Highway Administration Bureaus, Departments of Transport, Project Management Boards, project sponsors, construction enterprises, and operators of road infrastructure must proactively implement rescue activities within their jurisdiction; if their capacity is exceeded, they must report to the Provincial People's Committee, the Central Road Administration's Disaster Prevention and Control Command, and the Ministry of Transport's Disaster Prevention and Control Command.

3. In the event of natural disasters causing damage to road infrastructure and traffic congestion, the Highway Administration Bureaus, Departments of Transport, Project Management Boards, construction enterprises, and operators of road infrastructure, within their assigned responsibilities, must promptly coordinate with the County Disaster Prevention and Control Command to verify damages, losses, and propose solutions to mitigate the effects of natural disasters and ensure traffic according to regulations in the shortest time possible; they must report to higher authorities and inform the public through media outlets to raise awareness and prevent further incidents.

4. Road Traffic Inspection Forces must actively and positively coordinate with other functional forces in traffic management, diversion, and ensuring social security and order in affected areas.

Chapter IV

RESTORATION OF DISASTER AFTERMATH

Article 11. Activities to Mitigate the Consequences of Natural Disasters

1. Searching for and rescuing victims; salvaging and rescuing state and civilian property affected by natural disasters.

2. Participating in relief efforts, providing support, and stabilizing the lives of people in disaster-stricken or isolated areas due to floods or storms.

3. Investigating, surveying, and statistically assessing damages and proposing mitigation measures.

4. Repairing and restoring damaged road infrastructure to ensure smooth traffic flow.

5. Repairing construction equipment, offices, warehouses, workshops, and implementing the fastest measures to restore production.

6. Implementing environmental sanitation and disease prevention measures.

Article 12. Ensuring Traffic and Mitigating the Consequences of Natural Disasters

1. The first step in mitigating the consequences of natural disasters and ensuring traffic is the immediate repair and restoration of damaged road infrastructure following the weakening of the disaster or return to normal weather conditions, with the goal of quickly restoring safe and uninterrupted traffic operations. Within their management scope and based on the principle of four localities, this activity is the responsibility of the contractor managing, regularly maintaining, and operating the road infrastructure (for operational roads), or the construction contractor (for ongoing projects or during warranty periods). If their capacity is exceeded, they must promptly report to the Road Management Authority, Project Management Board, and Construction Enterprises and Operators of Road Infrastructure for appropriate handling and direction.

2. The second step in mitigating the consequences of natural disasters and ensuring traffic involves a comprehensive reassessment of damages caused by natural disasters to the infrastructure, conducted by the maintenance contractor or the Road Management Authority and Construction Enterprises and Operators of Road Infrastructure after completing the first step. They must report the assessment results and recovery plans to competent authorities. If restoration requires investment to meet pre-disaster standards or upgrades, the necessary procedures will be followed according to current regulations.

3. For ongoing construction projects and during warranty periods, the construction contractor must, within the scope of their work, notify the project sponsor, insurance agencies, county-level government authorities, and relevant agencies to inspect the site, determine the extent of damage caused by natural disasters, and develop a recovery plan as the basis for insurance compensation. In cases of significant damage exceeding the compensation limit, the project sponsor must report the level of damage and estimated costs to the investment decision-making body for review and decision.

Article 13. Construction items for remedying the consequences of natural disasters and ensuring traffic phase 1

1. Remediation and handling of traffic congestion

When natural disasters cause interruptions to road traffic, within their scope of responsibility, the Road Management Authorities, Project Management Boards, contractors responsible for regular maintenance and operation of road infrastructure, construction contractors, and Construction Enterprises and Operators of Road Infrastructure must immediately mobilize resources to perform the following tasks:

a) Appoint personnel to set up round-the-clock duty, place warning signs at both ends of the damaged section, immediately clear and repair at least one lane for safe passage of vehicles. For sections or works severely damaged, barriers must be erected with guards to direct traffic, organize traffic diversion to ensure traffic flow, and announce on mass media. Sections flooded with water shall allow appropriate types of vehicles to pass based on the depth of flooding, flow speed, and damage condition, but the unit must be responsible for setting up markers, water level poles, and guards at both ends of the flooded section to manage traffic diversion and prohibit large load vehicles from running on flooded sections.

b) Organize the preparation of a "Damage Verification Report" at the scene (location, mileage; description, assessment of damage extent, road construction work damage; preliminary volume of damage; proposed remediation measures). The report is prepared with the participation of the Road Management Authority, the Contractor responsible for maintaining the road construction work, and the County-level Flood Control and Storm Mitigation Command or the People's Committee of the county where the damage occurred; representatives of the agencies and units confirming the report must bear legal responsibility for the authenticity of the Damage Verification Report.

c) Carry out temporary repair work to ensure smooth traffic flow while reporting in writing about completed remedial work to the Road Management Authority and the higher-level Flood Control and Storm Mitigation Command.

d) Develop repair plans for the construction project, measure and calculate the volume, construction schedule, and estimated losses; supervise and direct the technical process of implementing the disaster aftermath remediation project to ensure traffic flow stage 1.

2. Organize repair and restoration work for damaged road construction projects and disaster aftermath remediation.

a) In cases of minor and moderate damage, such as: fallen power poles, trees across the road with a diameter ≤ 30 cm, slope failure of the cut slope, remaining road width of at least 4 meters, one position of road surface covered with soil and rocks not exceeding 100 meters,³ the contractor assigned to carry out the repairs shall proactively organize forces to perform temporary repairs to restore normal traffic flow thereafter.

Drainage systems that are damaged, road bases and surfaces eroded, sunken, and depressed, potholes, and soft spots causing traffic safety issues must be immediately addressed to ensure safe vehicle passage. Depending on specific situations, appropriate remediation measures and materials should be selected to suit the actual conditions of the project or restored using equivalent structural layers.

Road signaling systems and auxiliary facilities that are damaged must be promptly restored to guide and ensure smooth and safe traffic flow.

b) In cases of significant damage (total slope failure covering the entire width of the road base, large volumes of soil and rock filling the road base and surface, small bridge collapse, culvert washout, road break, high water inundation), within their management scope, the Road Management Authority, Project Management Board, Construction and Operation Enterprises of Road Projects must directly direct and manage the repair work, mobilize subordinate units, select and supplement capable construction units to cooperate in the work, mobilize manpower, equipment, and necessary reserve materials to the site to: manage traffic diversion to ensure traffic flow, open local detours to temporarily restore traffic (for areas without existing detours); repair damaged bridges and culverts or build temporary bridges to restore mainline traffic, construct earthwork and rock removal to safely restore traffic. In cases of cut slope collapse, use rock-filled steel gabions and fill the road base with suitable materials or construct a new road towards the embankment (depending on the terrain if possible) or apply remediation and repair solutions with materials suitable to the actual conditions of the area, ensuring rapid and effective results.

c) In cases of extremely severe damage with complex technical requirements (tunnel collapse, medium to large bridge washout), within their management scope, the General Department of Roads of Vietnam, Provincial People's Committees, Project Management Boards must directly direct and manage emergency response and repair work; before repairing the project, organize remote traffic diversion on alternative routes or construct local detours to temporarily restore traffic.

Article 14. Provisions on the dossier for mitigating disaster consequences and ensuring traffic at stage 1

1. Tasks of establishing and reviewing the dossier for mitigating disaster consequences and ensuring traffic at stage 1

a) The Highway Administration Department for the national highway system;

b) The Department of Transport and Traffic for local road systems and national highways under delegated management;

c) Within thirty working days from the date of completion of disaster consequence mitigation works and ensuring traffic at stage 1 on-site, the agencies specified in points a and b of this clause shall be responsible for establishing the dossier to submit to the competent authority prescribed in Clause 2 of this Article for examination and approval.

2. Authority to examine and approve the dossier for mitigating disaster consequences and ensuring traffic at stage 1

a) The General Department of Roads of Vietnam for national highway systems;

b) The People's Committee of the province for local road systems;

c) The time for examining the dossier and notifying the results is thirty days, starting from the date the examining agency receives all valid dossiers.

3. The dossier for mitigating disaster consequences and ensuring traffic at stage 1 includes:

a) A request for approval of the document preparer;

b) An explanation of the disaster aftermath mitigation plan;

c) Directives, mobilization orders, and guiding documents of the competent authorities related to disaster consequence mitigation efforts for damages and malfunctions included in the dossier;

d) Initial reports from the document preparer and related agencies and units about the situation caused by natural disasters, accompanied by photographs;

đ) A record confirming the volume of work completed with detailed lists;

e) As-built drawings;

g) Budget estimate for disaster consequence mitigation work and ensuring traffic at stage 1 already implemented, accompanied by detailed calculation explanations;

h) Verification report of losses established on-site with the District Steering Committee for Flood and Storm Control and Disaster Prevention or the District People's Committee where the damage occurred;

i) Technical construction drawings reflecting the volume and structure of temporary works (applicable in cases specified in points b and c of Clause 2 of this Article).

4. For road projects invested in and operated under the BOT model and other project contract forms: the enterprise investing in and managing the road project shall establish the dossier for mitigating disaster consequences and ensuring traffic at stage 1, implement agreements with the competent state authorities during the business operation phase according to the provisions of the law and the project contract; the dossier shall be established based on compliance with the provisions of this Circular.

5. Agencies, units, and individuals assigned the task of establishing the dossier for mitigating disaster consequences and ensuring traffic at stage 1 shall bear legal responsibility for the accuracy of the dossier.

Chapter V

MANAGEMENT AND USE OF PREVENTIVE EQUIPMENT, DEVICES, MATERIALS, AND DISASTER PREVENTION FUNDS

Article 15. Management and use of preventive equipment, devices, and materials

1. Preventive materials and equipment for disaster prevention, control, and aftermath mitigation

a) Main materials and equipment include: labor protection equipment, life jackets, flashlights, sandbags, tarpaulins, riprap, gravel, steel baskets, cables, steel wires, ropes, hammers, shovels, spades, asphalt, cement, gasoline, diesel, various bridge beams, steel piles, concrete piles, warning signs, barriers, guardrails; generators, pumps, welding machines, jacks, wired and wireless communication devices;

b) Preventive equipment and materials shall be arranged, stored, and preserved in warehouses for disaster prevention and control assets. The Ministry of Transport decides on the establishment, location, and standard framework of warehouses for disaster prevention and control assets based on the proposal of the Vietnam Highway Administration General Department.

2. Means for implementing disaster prevention, control, and aftermath mitigation work

a) Main means include: ferries, rescue cranes, construction cranes, specialized rescue vehicles, specialized rescue trucks, cargo trucks, boats, pile drivers, excavators, bulldozers;

b) The Vietnam Highway Administration General Department, Highway Administration Departments, and local Transport and Traffic Departments shall develop plans for mobilizing means to participate in disaster prevention, control, aftermath mitigation, and search and rescue operations.

3. Authority to mobilize preventive materials and equipment

a) The Head of the Steering Committee for Flood and Storm Control and Disaster Prevention of the Ministry of Transport, the Head of the Steering Committee for Flood and Storm Control and Disaster Prevention of the Vietnam Highway Administration General Department have the authority to mobilize preventive materials, equipment, and devices within their management scope to serve disaster prevention and control and search and rescue operations on the national highway system; or support and reinforce localities according to the directives of the Central Steering Committee for Flood and Storm Control;

b) The Director of the Highway Administration Department has the authority to mobilize preventive materials, equipment, and devices within their management scope to serve disaster response and search and rescue operations on the national highways under their management;

c) The Director of the Department of Transport and Traffic implements the authority to mobilize preventive materials, equipment, and devices within their management scope to serve disaster response and search and rescue operations on local road systems;

d) The advisory body assisting the persons with authority specified in points a, b, and c of this clause, after mobilizing preventive materials, equipment, and devices, shall be responsible for completing settlement procedures according to regulations.

4. Management and maintenance of preventive equipment and materials

a) Annually, Highway Administration Departments (for national highways) and Transport and Traffic Departments (for local roads) shall be responsible for managing and maintaining preventive equipment and materials and preparing budgets for maintenance and protection of storage facilities for preventive equipment and materials to submit to the Vietnam Highway Administration General Department (for national highways) and the Provincial People's Committee (for local road systems);

b) The Vietnam Highway Administration General Department shall review and develop an overall plan for production, procurement, repair, storage of preventive equipment and materials, and budgets for maintenance and protection of storage facilities for preventive equipment and materials to submit to the Ministry of Transport for consideration and approval before June 30 each year;

c) Units specified in point a of this clause shall be responsible for recording and tracking the use of preventive assets, equipment, and materials according to regulations. At the end of the year, the unit shall be responsible for reporting changes in preventive assets, equipment, and materials and completing annual settlement procedures according to current regulations.

Article 16. Sources of funds for implementing disaster prevention, mitigation, and aftermath recovery work in the road sector

1. The state budget ensures the funding for economic public services in the road sector according to regulations.

2. Local budgets allocate funds for emergency response activities, disaster management, and search and rescue operations according to regulations.

3. Funding from enterprises investing in and managing road construction projects.

4. Funds paid out from construction project insurance contracts (if applicable).

5. Assistance from domestic and foreign organizations and individuals when disasters occur; other lawful sources of capital as prescribed by law.

Article 17. Management, utilization, payment, and settlement of funds

1. Funds for disaster prevention, mitigation, and aftermath recovery in the road sector shall be managed, utilized, paid, and settled according to legal provisions.

2. Central-managed funds for disaster prevention, mitigation, and aftermath recovery on roads shall be allocated for the following purposes:

a) Recovery of disaster aftermaths and ensuring initial traffic flow on centrally-managed roads;

b) Regular expenses for the Central Steering Committee for Disaster Prevention and Control under the Ministry of Transport, and the Central Steering Committee for Disaster Prevention and Control under the Vietnam Highway Administration;

c) Production, procurement, repair, and maintenance of reserve materials and equipment for disaster prevention and control activities;

d) Maintenance and repair of warehouses storing reserve materials and equipment;

đ) Costs for hiring and repairing vehicles (if damaged due to external causes) mobilized for emergency response, disaster management, and search and rescue operations upon orders from competent authorities of the Vietnam Highway Administration and Provincial Departments of Transport;

e) Other costs directly related to emergency response, disaster management, and search and rescue operations as prescribed by law.

3. Annually, when allocating and assigning budgets, the Ministry of Transport retains 2% of the total assigned expenditure budget to cover urgent tasks related to disaster prevention, mitigation, and aftermath recovery.

In cases where the Ministry of Transport has not fully allocated funds for urgent tasks related to disaster prevention, mitigation, and aftermath recovery by September 30 of the planning year, such funds may be reallocated and assigned to remaining economic public service expenditures.

4. The use of local funds for aftermath recovery work on local road systems shall be carried out according to the regulations of provincial and centrally-administered municipal People's Committees.

5. Funds for aftermath recovery work by enterprises investing in and managing road construction projects (for BOT projects and other project contract forms) shall be included in the financial plan of the project and settled according to regulations.

Chapter VI

STAND-BY, PREVENTION, RESPONSE TO DISASTER INCIDENTS AND INSPECTION WORK

Article 18. Stand-by for disaster prevention and response

1. Stand-by period

a) The stand-by period for disaster prevention, response, and emergency handling shall be implemented according to the working hours and rest periods for workers engaged in special disaster prevention work as stipulated by the Minister of Agriculture and Rural Development.

b) Depending on the disaster situation and holiday times, the Head of the Central Steering Committee for Disaster Prevention and Control at all levels decides the number of personnel on stand-by and adjusts the stand-by schedule according to the time specified in point a of this clause.

2. Stand-by personnel

a) Leaders and staff assisting the Central Steering Committee for Disaster Prevention and Control under the Ministry of Transport;

b) Leaders and staff assisting the Central Steering Committee for Disaster Prevention and Control under the Vietnam Highway Administration.

3. Duties of the stand-by shift

a) Assist the Central Steering Committee for Disaster Prevention and Control at all levels in monitoring and grasping all relevant situations concerning disaster prevention, response, and aftermath recovery, including weather conditions, rainfall, floods, typhoons, and other disasters within the unit's responsibility; developments of disaster prevention and aftermath recovery works; organization of disaster prevention and aftermath recovery forces and mobilization of resources to counteract disasters (including human resources, materials, vehicles, and equipment);

b) Receive directives, orders, and notifications from the National Steering Committee for Emergency Response and Search and Rescue, the Central Steering Committee for Disaster Prevention, and the higher-level Central Steering Committee for Disaster Prevention and Control, and promptly inform subordinate units;

c) Advise the National Steering Committee for Emergency Response and Search and Rescue, the Central Steering Committee for Disaster Prevention, and the higher-level Central Steering Committee for Disaster Prevention and Control on organizing disaster prevention, response, and aftermath recovery within their jurisdiction, handling incidents involving disaster prevention works, and mobilizing forces to support localities according to orders from the higher-level Central Steering Committee for Disaster Prevention and Control;

d) Summarize the situation of disaster prevention, response, and aftermath recovery within the scope of responsibility to report to the higher-level Central Steering Committee for Disaster Prevention and Control periodically and after each disaster phase, or upon urgent request from the Government or the Central Steering Committee for Disaster Prevention.

Article 19. Regulations for personnel on duty and those mobilized to participate in disaster prevention, response, and aftermath mitigation activities.

1. Personnel performing duty tasks and those mobilized to participate in disaster prevention, response, and aftermath mitigation activities (at headquarters and at the scene) shall enjoy duty allowances, subsidies, and overtime pay as prescribed.

2. The authority responsible for mobilizing human resources, materials, equipment, and facilities from organizations and individuals under their management must be responsible for reimbursing costs from the state budget for organizations and individuals participating in emergency response activities and search and rescue operations, or compensating losses incurred by organizations and individuals that have been mobilized, in accordance with regulations.

Article 20. Provisions on reporting systems in disaster prevention, response, and aftermath mitigation.

Implementation shall be carried out in accordance with laws on disaster prevention and response and the following provisions:

1. When a disaster occurs, depending on its severity, the Highway Administration Bureau (for national highways), Department of Transport (for road projects under its management), Project Management Board (for ongoing projects and works within warranty periods), and Road Construction and Operation Enterprises (for road projects invested in and operated through BOT and other project contract forms) must report to the Ministry of Transport's Disaster Prevention and Response Command Center, Vietnam Highway Administration as follows:

a) Immediate reports: these are reports on the development of disasters conveyed via direct phone calls, mobile phones, or data and image transmission through telecommunications technology, concerning particularly severe incidents affecting road transport operations and threatening the lives of citizens, to immediately address the situation.

b) Daily reports via email: these are written reports sent via email or fax before 8 AM and 4 PM daily throughout the period of the disaster to accurately grasp the situation and promptly direct measures according to authority or propose to higher levels.

2. Rapid reports: these are written reports prepared immediately after the end of a disaster phase and submitted to the higher-level Disaster Prevention and Response Command Center to report on damage, affected conditions, and handling plans, including proposals if necessary.

3. Ad hoc reports: when receiving ad hoc reporting requests from higher-level disaster prevention and response authorities, the agencies and units receiving such requests must report according to the required contents and deadlines to serve disaster prevention and response tasks.

4. Annual reports: the Vietnam Highway Administration's Disaster Prevention and Response Command Center prepares annual reports on disaster prevention and response work along with the next year's disaster prevention plan and recommendations, and submits them to the Ministry of Transport's Disaster Prevention and Response Command Center before January 15 each year for compilation and submission to the Central Steering Committee for Disaster Prevention and Response and for the preparation of the Ministry of Transport's disaster prevention plan. - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). Article 21. Inspection of disaster prevention, response, and aftermath mitigation activities.

1. Annually, the Ministry of Transport and the Vietnam Highway Administration establish inspection plans and implement inspections of compliance with legal regulations in disaster prevention, response, and aftermath mitigation work, as well as the management, preservation, and utilization of reserve materials and equipment by relevant agencies and units.

To counter unexpected developments of disasters, the Ministry of Transport's Disaster Prevention and Response Command Center, the Vietnam Highway Administration's Disaster Prevention and Response Command Center, and competent authorities conduct surprise inspections to urge and promptly correct deficiencies and violations to enhance the effectiveness of state management in disaster prevention, response, and aftermath mitigation.

2. Highway Administration Bureaus, Departments of Transport, Project Management Boards, and enterprises investing in and managing road construction, based on their functions, responsibilities, and specific conditions of the managed areas, proactively organize regular and surprise inspections of compliance with legal regulations on disaster prevention, response, and aftermath mitigation work, as well as the management, preservation, and utilization of reserve materials and equipment by subordinate units and road construction enterprises within their jurisdiction.

3. Heads of related agencies and organizations must direct the implementation of inspections and self-inspections of disaster prevention, response, and aftermath mitigation work in accordance with assigned tasks.

1. This Circular takes effect from March 28, 2019, and replaces Circular No. 30/2010/TT-BGTVT dated October 1, 2010, issued by the Minister of Transport regarding flood and storm prevention and aftermath mitigation in the highway sector.

Chapter VII

IMPLEMENTING PROVISIONS

Article 22. Implementation Provisions

2. For disaster aftermath mitigation files ensuring initial traffic restoration that have been established and submitted for review by competent authorities but not yet approved before March 28, 2019, the review and approval process will continue to be implemented in accordance with Article 21 of Circular No. 30/2010/TT-BGTVT dated October 1, 2010, issued by the Minister of Transport.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the General Directors of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport under central administration, and the Heads of related agencies, organizations, and individuals are responsible for implementing this Circular.

3. The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director-General of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport under centrally governed cities and provinces, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.