Circular No. 08/2015/TT-BGTVT on rescue operations and budget estimates for rescue operations on expressways

CIRCULAR

Regulations on rescue operations and budget estimates for rescue operations on expressways rescue operations on expresswaysspecialized agency under the People's Committee of the province/city.

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure; Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing a clause of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government; number Article of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government;

Pursuant to Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on management, operation, and maintenance of expressways (hereinafter referred to as Decree No. 32/2014/NĐ-CP); construction The Minister of Transport, in consultation with the Ministry of Construction and the General Department of Roads of Vietnam,

Pursuant to Decree No. 10/2013/NĐ-CP dated January 11, 2013 of the Government on the management, use, and operation of road infrastructure assets;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Highway Administration;policiesd) INFRASTRUCTURE SERVICES INCLUDING OFFICE SPACE AND NECESSARY EQUIPMENT."of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairshereby issues this Circular on rescue operations and budget estimates for rescue operations on expressways.

Article 1. This Circular stipulates rescue operations and budget estimates for rescue operations on expressways.

Article 1. Scope of Regulation and Applicability

Article 2. This Circular applies to organizations and individuals related to the management, operation, and use of expressways within the territory of Vietnam.

Rescue

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. refers to activities supporting vehicles and goods participating in traffic on expressways when accidents or incidents occur. Expressway management agency

3. (hereinafter referred to as the operating and maintaining entity) is the subject directly implementing the operation and maintenance of expressway works, which is determined through contracts with the expressway management agency or investors. Investor constructing and managing, operating, and maintaining expressway works

4. (hereinafter referred to as the investor) is an organization or individual carrying out investment construction of expressway works and managing, operating, and maintaining expressway works. Rescue object

5. is a road transport vehicle and goods on such a vehicle requiring rescue when accidents or incidents occur on expressways. Rescue unit

6. is an organization or individual having the necessary conditions to provide rescue services. Article 3. Rescue plan and contract for performing rescue work

Clause 1. The rescue plan is part of the traffic organization plan on expressways approved by the competent authority.

Clause 2. Contents of the rescue plan include:

a) Common rescue situations: location, quantity, and condition of the objects requiring rescue;

b) Collection points for rescue objects along the route;

c) Information about rescue vehicles, travel routes, and rescue times: number, types, and capacity of rescue vehicles mobilized, starting address of rescue vehicles, route to the accident site, support from the operating and maintaining entity, time to reach the accident site, time to perform rescue, travel routes before and after rescue corresponding to each position and section approaching the rescue site.

Clause 3. Performing rescue work is a component of the management, operation, and maintenance contract of expressways, signed between the expressway management agency or investor and the operating and maintaining entity. The operating and maintaining entity organizes its own performance if it has the necessary conditions or signs a contract to perform rescue tasks specified in Points b, c, d, and đ Clause 1, Article 6 of this Circular.

3. The implementation of rescue work is a component of the management, operation, and maintenance contract for expressways, signed between the expressway management agency or the investor and the operating and maintenance unit. The operating and maintenance unit shall organize the implementation when it has the necessary conditions, or enter into a contract to perform the rescue tasks specified in points b, c, d, and đ of Clause 1, Article 6 of this Circular.

Article 4. Principles of management and organization for rescue operations

1. When an accident or incident occurs, rescue work on expressways must be carried out promptly and timely by the operating and maintenance units to clear the scene and ensure traffic safety in accordance with Clause 1 and Clause 3 of Article 16 of Decree No. 32/2014/NĐ-CP.

2. Sources of information requesting rescue:

a) The driver or owner of the vehicle requesting rescue;

b) The traffic management center of the expressway detecting the need for rescue through traffic monitoring and patrols;

c) Other sources of information.

3. In cases where the driver or owner of the vehicle organizes the rescue themselves, immediately upon discovering the situation, the operating and maintenance unit shall have the responsibility to:

a) Dispatch personnel to the scene to supervise and assist in implementing the approved rescue plan, ensuring compliance with traffic rules, traffic safety, and the time frame for implementation;

b) Cease the self-rescue activities of the vehicle owner or driver if they lack the necessary rescue equipment, violate traffic rules, fail to meet traffic safety conditions, or are likely to prolong the implementation time beyond the expected duration in the rescue plan.

4. In cases where the driver or owner requests rescue via emergency phone, upon receiving the request, the operating and maintenance unit shall organize rescue according to the rescue plan. For information received from other sources, the operating and maintenance unit shall verify the information immediately and promptly decide to organize rescue according to the plan.

5. During the execution of rescue work, the operating and maintenance unit may use emergency turnaround points on the median strip to reduce the length and travel time of patrol and rescue vehicles, support rescue, and ensure traffic safety warnings.

Article 5. Procedures for organizing rescue operations on expressways

1. Upon receiving information requesting rescue, the operating and maintenance unit shall verify the information if necessary, directly organize rescue or send a rescue request to the rescue unit. The rescue request includes the following contents:

a) Location: mileage, entry point onto the expressway, and direction;

b) Rescue object: quantity, weight, and type of goods; number, type, and condition of vehicles requiring rescue; number of people needing rescue assistance;

c) Time to arrive at the scene and estimated completion time for rescue;

d) Gathering location for each rescue object.

2. The operating and maintenance unit must dispatch personnel to the scene immediately to coordinate initial first aid, cooperate with relevant authorities to secure the scene and regulate traffic within the rescue area throughout the rescue period.

3. Order of rescue operations:

a) Assist in moving people needing rescue to the gathering location;

b) Rescue goods on the vehicle:

Goods rescue on the vehicle shall be carried out in the following sequence: removing goods from the vehicle requiring rescue, placing them in temporary storage areas (within the warning zone); covering and protecting goods if necessary; loading goods onto the rescue vehicle; transporting goods to the gathering location; stacking goods at the gathering location. Loading, transportation, and stacking of goods must comply with legal regulations.

c) Rescue the vehicle:

Vehicle rescue to the gathering location shall be conducted in accordance with this Circular and related legal provisions. Only the lane adjacent to the emergency stop lane may be used for circulation.

d) Hand over the results of the rescue and move the rescue vehicle off the expressway;

đ) Confirm the results of the rescue implementation;

e) Determine the extent and value of damage to the expressway infrastructure caused by the rescued vehicle;

g) Clean up and sanitize the scene after rescue.

4. If necessary, the expressway operating and maintenance unit may mobilize suitable vehicles currently traveling on the expressway to transport people needing rescue assistance to the gathering location when conditions permit and must ensure traffic safety. The volume of this rescue operation does not count towards the volume of rescue performed by the rescue unit.

Article 6. Management of rescue costs on expressways

1. The contents of rescue costs on expressways include:

a) Protecting the accident scene and regulating traffic in the area of the scene;

b) Transporting people from the rescued vehicle to the designated location;

c) Loading, transporting, and stacking goods from the rescued vehicle to the designated location;

d) Hoisting and erecting vehicles and equipment that need rescue (if necessary);

đ) Transporting vehicles and equipment that need rescue to the designated location;

e) Determine the extent and value of damage to the expressway infrastructure caused by the rescued vehicle;

g) Cleaning and sanitizing the accident scene after rescue operations;

h) Supporting rescue operations (verifying information, opening and closing emergency turnaround points on the median strip, warning to ensure traffic safety).

2. Rescue costs shall be borne by the vehicle operator if the cause of the need for rescue is due to the operator's actions or the technical condition of the vehicle (including improper loading or securing of cargo). If the cause of the need for rescue is due to damage to the expressway infrastructure or other objective reasons (not due to the operator's fault), the rescue costs shall be borne by the entity responsible for operating, maintaining, or investing in the expressway.

3. The cause of accidents or incidents requiring rescue shall be determined by the operating and maintenance entity. In case of disagreement with the proposed cause, the vehicle operator may agree with the operating and maintenance entity to select a suitable organization to determine the cause. The cost of determining the cause shall be included in the rescue costs. In case of disagreement, the parties shall resolve disputes in accordance with the law.

4. In special cases where the items of work required for rescue are not specified in this Circular, the actual implementation costs of rescue operations shall be determined based on a real budget, and submitted for approval to the competent authority as follows:

b) The investor for expressways constructed and operated under BOT contracts or other project contracts.

Article 7. Responsibilities of organizations and individuals

1. Expressway management agency:

a) Inspect and supervise the operating and maintenance entity in implementing rescue operations and adhering to the rescue plan;

b) Inspect and supervise the implementation of rescue operations as stipulated in Clause 2, Article 3 of this Circular by related entities; promptly recommend adjustments and supplements to the quota in line with actual conditions.

2. Investor:

a) Inspect and supervise the operating and maintenance entity in implementing rescue operations and adhering to the approved rescue plan;

b) Regularly report on the implementation of rescue operations on expressways managed by them to the expressway management agency as prescribed.

3. Operating and maintenance entity:

a) Notify the expressway management agency and investor of information about the name, location, capacity, approach to the scene, and contact phone number of all facilities providing rescue services for each expressway;

b) Receive information, issue rescue requests, and organize rescue operations according to the approved rescue plan;

c) Record rescue logs;

d) Confirm that the vehicle owner and operator have fulfilled their financial obligations related to rescue before releasing goods and vehicles stored at the post-rescue collection point;

đ) Annually organize the selection of rescue units with sufficient capacity, meeting the rescue plan, and having reasonable rescue prices; notify the expressway management agency and investor as prescribed.

4. Rescue unit:

a) Ensure rescue capacity during the contract period;

b) Carry out rescue operations in accordance with the rescue request within the prescribed time frame.

5. Vehicle owner and operator:

a) Adhere to the procedures for implementing rescue operations as prescribed in Article 5 of this Circular;

b) Self-manage goods (both quantity and quality) while they are stored at the post-rescue collection point;

c) Pay the relevant rescue costs to the operating and maintenance entity.

The standard budget estimate for rescue operations on expressways shall be applied as set out in the Appendix attached to this Circular.

Article 9. Effective Date

This Circular takes effect from June 1, 2015.

Article 10. Implementation Organization