Circular No. 04/2008/TT-BXD guiding the management of urban roads

CIRCULAR

Guidelines for Urban Road Management

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law on Road Traffic dated June 29, 2001;

Pursuant to Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government stipulating management and protection of road traffic infrastructure;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Ministry of Construction guides the implementation of urban road management work as follows:

Part 1:

GENERAL PROVISIONS

SCOPE AND SUBJECTS OF APPLICATION

These Circulars guide activities related to construction, management, and exploitation of urban roads with the aim of ensuring consistency and synchronization in the construction, management, and exploitation of the urban road system (from urban areas classified as level 5 and above). This will enhance investment efficiency, proper use, and improve the urban landscape.

Management and exploitation of urban roads on streets with special functions (pedestrian streets, food streets, night markets...) shall be carried out in accordance with specific regulations of local authorities.

Organizations and individuals, both domestic and foreign, participating in construction, management, and exploitation of urban roads in Vietnam must comply with the provisions of the Construction Law, the Law on Road Traffic, these Circulars, and other relevant legal documents.

INTERPRETATION OF TERMS

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

Urban road (or street): is a road located within the administrative boundaries of an urban area, limited by the red line according to the approved planning.

Sidewalk (or pavement, street sidewalk): is part of the urban road, primarily serving pedestrians and also serving as a location for urban technical infrastructure along the route.

Urban technical infrastructure along the route includes cables, pipelines, and trenches, technical ditches placed along urban roads.

The roadway is part of the urban road, bounded by the inner sides of the sidewalks, and may include urban technical infrastructure along the route when necessary.

The vehicle lane is part of the urban road, primarily serving motorized and non-motorized vehicles in transportation activities.

The red line of the urban road is the boundary line determined on the planning map and on-site, delineating the boundary between land allocated for urban traffic roads and auxiliary facilities serving urban traffic and land allocated for other buildings and public spaces.

Building line is the boundary line allowing construction of buildings on a plot of land.

Urban road safety zone is the width from the edge of the road to the building line according to the approved planning.

People's Committees at all levels:

Provincial People's Committee: People's Committee of provinces and centrally-administered cities.

District People's Committee: People's Committee of districts, towns, and cities under provincial People's Committees.

Commune People's Committee: People's Committee of communes, wards, and towns.

GENERAL PRINCIPLES FOR URBAN ROAD MANAGEMENT

Urban roads are part of the urban technical infrastructure managed uniformly by the State and have分级管理。

Ensure that sidewalks are reserved for pedestrians and that roadways remain unobstructed for various types of motorized and non-motorized vehicles.

When using or temporarily using part of an urban road for other purposes, permission from the competent state authority must be obtained, and measures must be taken to ensure that it does not affect traffic order and safety, environmental hygiene, and urban aesthetics.

PROHIBITED ACTIVITIES IN CONSTRUCTION, MANAGEMENT, AND EXPLOITATION OF URBAN ROADS

Designing and constructing urban roads without complying with the approved planning.

Unauthorized construction or excavation of urban roads.

Unauthorized construction of branch roads or illegal connection to main roads.

Using urban roads for market meetings, food service operations, displaying goods, and materials.

Dumping garbage and waste, and other actions that disrupt environmental hygiene on urban roads.

Installing or constructing parking stands, steps leading to houses, and structures adjacent to roads that obstruct the movement of vehicles and pedestrians, and damage urban aesthetics.

Installing or constructing structures, billboards, decorations, and unauthorized cables that affect the structural integrity of urban roads, traffic safety, and urban aesthetics.

Constructing illegal structures that violate the red line and safety zones of urban roads.

Parking bicycles, motorcycles, cars, and other motor vehicles on sidewalks and roadways without permits; improperly parking bicycles and motorcycles, and improperly parking cars.

Part II.
SPECIFIC PROVISIONS ON URBAN ROAD MANAGEMENT

PLANNING WORK

1. Urban construction master plans must fully comply with current regulations on land reserves for urban transportation.

2. Urban construction planning must coordinate with specialized transportation planning to ensure that the urban road system meets its functional requirements or specific needs; it must also be consistent with underground facility planning and other technical infrastructure projects.

3. Urban construction planning must calculate and allocate parking lot systems to meet the parking needs of urban residents.

4. The urban road network must ensure systematicity, consistency, continuity, and sustainability; it must have solutions to connect with facilities on both sides of the roads.

5. When preparing urban construction master plans, sufficient land area must be allocated for urban road projects and related auxiliary works to ensure urban traffic safety and order; the width of cross-sections, each part of the cross-section, building boundaries, and red-line boundaries of urban roads must be clearly defined and publicly displayed on-site for everyone's knowledge and implementation, facilitating management.

6. Detailed urban construction plans for residential areas, hotels, commercial centers, government offices, schools, recreational areas, etc., must allocate sufficient land for parking lots suitable for each project's needs and must not use vehicular lanes or sidewalks for parking.

7. Urban road components and technical infrastructure along the route must be arranged synchronously. Sidewalks must be wide enough to accommodate technical infrastructure along the route. Technical infrastructure along the route should be limited from being placed within the vehicular lane. Priority should be given to placing technical infrastructure within trenches and technical ditches in urban renovation master plans. For new streets and streets in new urban areas, underground wiring and pipelines must be designed.

8. Detailed urban construction master plans must determine locations for pedestrian overpasses or underpasses.

II. DESIGN AND CONSTRUCTION WORK

Urban road design and construction must comply with relevant Standards and Regulations.

Adherence to the red-line boundary according to approved urban construction planning is mandatory.

During the design and construction of urban road renovations or new constructions, elevation must conform to planning requirements without affecting drainage systems, residents, and buildings adjacent to the roads. Road elevations are reviewed during the construction permit process.

Urban road design and construction must facilitate usage by persons with disabilities.

Drainage systems must be designed and constructed simultaneously along all urban roads according to approved urban construction and drainage planning (if applicable).

Uniformity in material, shape, size, and color of sidewalk curbs and paving stones must be maintained on a single street or section thereof.

Facilities using above-ground portions of sidewalks must not obstruct pedestrians and must maintain urban aesthetics.

Safe and convenient pedestrian crossing positions must be arranged, prioritizing overpasses and underpasses at intersections and long stretches with high traffic volumes (central areas, commercial districts).

Flexible use of sidewalk curb types (perpendicular or angled) must be employed to accommodate various vehicles' needs, avoiding visual disruption and traffic interference.

Technical infrastructure along the route should be limited from being placed within the vehicular lane. For new streets and streets in new urban areas, underground wiring and pipelines must be installed. Trenches and technical ditches must be maximally utilized for this purpose.

Construction permits must be obtained before commencing construction according to regulations.

Greenery, lighting, drainage systems, and trenches and technical ditches (as determined in approved planning) must be constructed concurrently with urban roads.

Safety measures must be implemented during construction to ensure normal pedestrian and vehicle movement and environmental hygiene standards.

MAINTENANCE OF URBAN ROADS

Urban roads, upon acceptance and commissioning, must be maintained for long-term operation. Maintenance periods run from the date of acceptance until the end of their service life.

Urban road maintenance procedures must be followed.

For operational and utilized projects, management agencies may conduct maintenance procedures themselves or hire qualified consultants based on the scale and characteristics of the urban road projects. For newly designed urban road projects, contractors must establish maintenance procedures based on current relevant technical standards.

Urban road maintenance must ensure compliance with planned and current elevations to avoid impacting drainage systems, residents, and adjacent buildings.

Owners and managers of urban road sidewalks bear responsibility for maintenance as follows:

Implement urban road maintenance procedures.

Legally responsible for the degradation of urban road projects due to non-compliance with prescribed maintenance procedures.

MANAGEMENT AND EXPLOITATION OF URBAN ROADS

Urban roads must be strictly managed within the red-line boundaries, building boundaries, and planned elevations.

Traffic flow organization, marking, installation of traffic signs, and signal lights must comply with the Road Traffic Law.

Excavation of urban roads for underground construction must comply with the following regulations:

Individuals or organizations requiring urban road excavation must obtain permission from competent state management authorities.

The construction of underground works under urban roads must comply with the approved planning and design projects and permits issued by competent state management authorities.

When constructing urban roads, other technical infrastructure works such as telecommunications, water supply, drainage, gas supply, electricity... must be constructed synchronously according to the approved construction planning and specialized planning (if any) to avoid frequent excavation and backfilling.

Competent state management authorities shall accept applications and issue excavation permits for urban roads to organizations and individuals with valid applications. If a permit is denied, the authority must provide a written response stating the reasons.

When issuing excavation permits for urban roads, the issuing authority must notify the local government where the construction will take place for supervision.

Construction of underground works under urban roads must ensure safety for the works themselves, adjacent works, traffic safety and normal operation, and maintain urban hygiene and environment.

The project investor must ensure timely completion and quality in restoring the excavated road section.

The installation of signs and advertisements must comply with the laws on advertising; advertisement signs must ensure urban aesthetics, not obstruct and not affect urban traffic safety.

Construction and installation of above-ground works on urban roads

Organizations and individuals wishing to construct and install above-ground works including urban technical infrastructure systems and public service facilities on urban roads must apply for permission from competent state authorities.

Above-ground works on urban roads must ensure traffic safety during construction and operation; they must meet vertical and horizontal clearance requirements as prescribed while maintaining urban aesthetics. Organizations and individuals constructing and installing above-ground works on urban roads must strictly follow the contents of the permit and relevant legal regulations.

Ensuring environmental hygiene

Organizations, households, and individuals have the responsibility to maintain and ensure cleanliness of sidewalks and road surfaces in front of their offices, homes, and not to litter or allow others to bring goods and waste for sale or dumping, which would disrupt environmental hygiene and urban aesthetics in front of their houses and offices.

Organizations and individuals violating regulations on ensuring environmental hygiene on sidewalks and road surfaces will be subject to penalties under current laws.

Temporary use of urban roads for purposes other than traffic

Organizations and individuals requiring temporary use of urban roads for purposes other than traffic must apply for permission from competent state management authorities and strictly adhere to the provisions in the permit.

Organizations and individuals using urban roads temporarily for purposes other than traffic must arrange safe and convenient pedestrian and vehicular pathways.

Using the road surface for parking must meet the following requirements:

Requirements regarding road width

- For two-way streets: A minimum road width of 10.5 meters allows parking on one side; a minimum of 14.0 meters allows parking on both sides.

- For one-way streets: A minimum road width of 7.5 meters allows parking on the right side of the driving lane.

Not to obstruct traffic; not to affect the daily activities and normal operations of organizations and households along the street.

Comply with approved parking lot plans; People's Committees at various levels are responsible for organizing, reviewing, and approving parking lot plans for cities under their jurisdiction, specifying the list of streets allowed for parking based on road width, type, nature, and traffic capacity.

When using the road surface for public paid parking, priority should be given to organizations, households, and individuals legally owning buildings or structures along the street for their own parking needs.

Using the sidewalk for parking must meet the following requirements:

Not to obstruct pedestrian traffic; the remaining minimum width for pedestrians must be 1.5 meters.

Must be neat and tidy, ensuring urban aesthetics.

Not to park vehicles in front of cultural, educational, sports, health, religious, and administrative buildings; on main political, cultural, and tourist streets.

Public parking lots on sidewalks with fees must comply with approved plans and must facilitate pedestrian movement, maintain environmental hygiene, urban aesthetics, and not affect the normal life of residents and owners of buildings along the street.

The arrangement of entrances to buildings on both sides of urban roads must be determined in detailed urban construction plans at a scale of 1/500. For existing neighborhoods, the arrangement of entrances to buildings on both sides of urban roads must ensure traffic safety and urban aesthetics and must be approved by competent state authorities.

Occupying spaces, using sidewalks for building shops and installing awnings

Organizations and individuals wishing to build shops and kiosks on sidewalks must apply for permission from competent state management authorities.

Building shops and kiosks on sidewalks in new cities and new streets must be determined in detailed planning; in existing neighborhoods, only temporary installation of shops and kiosks for festivals is permitted, and they must be dismantled after the festival according to local government regulations.

Construction and installation of rain shelters and sunshades must comply with construction standards and be considered simultaneously when issuing construction permits.

Local governments are responsible for guiding and inspecting the construction of small shops and the installation of rain shelters and sunshades; organizing the removal of shops and shelters that do not comply with regulations.

Management of street greenery: The street greenery system shall be managed and operated in accordance with the guidelines of the Ministry of Construction on urban greenery management.

Temporary use of sidewalks for weddings and funerals

Households and individuals requiring temporary use of sidewalks for weddings and funerals must apply for permission from the local authorities where they reside.

Local authorities are responsible for inspecting and granting permission for the temporary use of sidewalks for weddings and funerals.

The duration of temporary use shall not exceed 48 hours and must provide pedestrian walkways, with a minimum width of 1.5 meters for such walkways.

Use of sidewalks for business and selling goods

Only certain special construction projects and streets may be permitted to use sidewalks for business and selling goods. The People's Committee of the province shall decide on the list of construction projects and streets allowed to use sidewalks for business and selling goods based on the following requirements:

The remaining width of the sidewalk for pedestrians must be at least 1.5 meters;

Ensuring traffic safety and convenience; maintaining urban aesthetics, environmental hygiene, and not affecting the normal life of households and owners of constructions along the street;

Not allowing the organization of business and selling activities in front of cultural, educational, sports, health, religious, and administrative buildings.

PART III.
RESPONSIBILITIES FOR URBAN STREET MANAGEMENT

PROVINCE CONSTRUCTION DEPARTMENTS AND URBAN TRANSPORT AND PUBLIC WORKS DEPARTMENTS OF CENTRALLY-GOVERNED CITIES

The Construction Departments of provinces and Urban Transport and Public Works Departments of centrally-governed cities are agencies that assist the People's Committees of provinces in implementing state management of the urban street system within their jurisdiction:

They are responsible for consolidating, guiding the preparation and implementation of planning, upgrading, maintenance, and development plans for urban streets.

Proposing to the People's Committee of the province to define the division of responsibilities and levels of management for the urban street system.

Guiding, urging, and inspecting the management, operation, and use of urban streets.

Directly managing urban streets according to the assignment of the People's Committee of the province.

PEOPLE'S COMMITTEES AT ALL LEVELS

Provincial People's Committee

Implementing state management over the urban street system under its jurisdiction.

Directing and organizing the implementation of measures to strengthen construction order, traffic safety, environmental hygiene, and urban aesthetics in the area under its jurisdiction.

Assigning and delegating management responsibilities to specialized agencies and lower-level local authorities in state management of urban streets.

Assigning the lead agency to implement the integrated construction of other technical infrastructure works when building urban streets.

Directing and inspecting the activities of specialized inspection forces in accordance with current regulations.

Directing lower-level People's Committees in the management and operation of urban streets according to the delegation of authority.

District People's Committee

Implementing urban street management according to the functions and tasks assigned and the delegation of authority from the provincial People's Committee.

Responsible for administrative management of the use of sidewalks, road surfaces, urban order, environmental hygiene, and taking measures to prevent encroachment on sidewalks and road surfaces to ensure traffic safety, order, environmental hygiene, and urban aesthetics.

Directing departments, offices, and lower-level People's Committees to perform management functions within their authority and organize inspections and handling of violations according to their authority and legal provisions.

Commune People's Committee

Responsible for managing and using urban streets within their jurisdiction according to the delegation of authority.

Managing and issuing permits for the temporary use of sidewalks for weddings and funerals within their jurisdiction.

Organizing inspections and handling violations related to the management and use of urban streets within their jurisdiction according to legal provisions.

Part IV.
IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

The People's Committees of provinces and centrally governed cities shall implement this Circular.

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During implementation, if there are any difficulties, localities are requested to report to the Ministry of Construction for guidance and resolution within their authority./.