Directive No. 08/PCVT on implementing the Traffic Works Protection Ordinance

DIRECTIVE

REGARDING THE IMPLEMENTATION OF LEGAL INSTRUMENTS FOR THE PROTECTION OF TRANSPORT INFRASTRUCTURE 

Pursuant to Resolution of the Ninth National Assembly at its fourth session on December 30, 1993 concerning legislative work in 1994;

The Government assigned the Ministry of Transport to draft the Ordinance on Protection of Transport Infrastructure.

The Ordinance on Protection of Transport Infrastructure was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam at its ninth session on December 2, 1994, and the President of the Socialist Republic of Vietnam promulgated the Ordinance on December 10, 1994. This is an important legal document of the State, aimed at strengthening the effectiveness of state management, the responsibility of state agencies, local authorities at all levels, and the sense of responsibility of each citizen in maintaining transport infrastructure; the Ordinance is a high-level legal instrument serving as a basis for restoring order and discipline, combating and handling violations in the field of protecting transport infrastructure.

While awaiting the issuance by the State of sub-legislative instruments guiding the implementation of the Ordinance, the Ministry hereby instructs the Heads of the Road Administration, Waterway Administration, Vietnam Railway Corporation, Provincial Departments of Transport (PTTC), and related units to implement the Ordinance as follows:

I- ORGANIZATION OF SPREADING AND PUBLICIZING THE ORDINANCE:

1/ The Ministry requests the Heads of the Road Administration, Waterway Administration (hereinafter referred to as specialized administrations), Vietnam Railway Corporation, Provincial Departments of Transport, PTTC (collectively referred to as Provincial Departments of Transport) to organize the dissemination of this Ordinance to subordinate units and cooperate with relevant agencies, Committees, and Sectors to widely publicize the Ordinance.

2/ The Ministry requests the Heads of the aforementioned units to assign one leader to directly direct the organization of spreading and publicizing the Ordinance down to each grassroots unit.

3/ Units must complete the dissemination and publicity of the Ordinance no later than April 30, 1995.

II- SOME TASKS TO BE IMPLEMENTED TO ENFORCE THE ORDINANCE:

1/ Regarding the development of sub-ordinances under the Ordinance:

The Ministry assigns the following units to urgently develop the following regulatory documents for the Ministry to issue within its authority or for the Government to issue to provide detailed guidance on the implementation of the Ordinance:

+ Decree detailing the enforcement of the Ordinance on Protection of Transport Infrastructure.

+ Decree specifying classification and hierarchical management of investment capital in the road, waterway, and railway systems.

+ Decree specifying the organization, tasks, powers, and activities of the inspection force for the protection of transport infrastructure.

The four documents mentioned above, the Ministry assigns the Legal Affairs-Vehicle Transportation Department to lead the drafting process for submission to the Government for issuance.

+ Regulations on the load capacity and dimensions of transportation vehicles with large load capacity and dimensions permitted to be imported into Vietnam to ensure the safety of the road transport infrastructure system.

+ Regulations on the construction of works alongside roads within the protected road corridor to ensure safety for the works in accordance with the planning for the improvement and expansion of the road transport system.

The two documents above, the Ministry assigns the Vietnam Road Administration to lead the research and drafting process for submission to the Government for issuance, in accordance with Article 26 of the Ordinance.

2/ Regarding the management of the scope of protection of transport infrastructure:

The situation of encroachment on the protected corridors of transport infrastructure and acts of infringement against transport infrastructure is very serious; the specialized administrations, Vietnam Railway Corporation, and Provincial Departments of Transport need to strengthen the management of the scope of protection of transport infrastructure.

Pending new regulations from the State, units shall manage the scope of protection of transport infrastructure based on the following documents:

+ Decree No. 203/HĐBT dated December 21, 1982 of the Council of Ministers (now the Government) on the Regulations on Protection of Roads and Decision No. 06/CT dated January 3, 1990 of the Chairman of the Council of Ministers on the implementation of Decree No. 203/HĐBT.

+ Decree No. 120/CP dated August 12, 1962 of the Government on the Regulations stipulating the boundaries of railways and traffic order and safety on railways; Directive No. 116/TTg dated November 23, 1992 of the Prime Minister and Circular No. 131/CP dated March 13, 1993 of the Ministry of Transport on management and ensuring traffic order and safety on railways.

+ Decision No. 1286/GTTB dated July 17, 1989 on the Regulations on Protection of Inland Waterways.

For road transport routes that have been approved by competent state authorities for improvement, expansion, and upgrading, the Ministry requires central and local transport infrastructure management units to coordinate with relevant Committees, Sectors, and local authorities to publicly mark boundary markers for the people's knowledge and implementation to strictly enforce Articles 6, 13, and 14 of the Ordinance.

3/ Regarding the management of permits for construction, use, and exploitation within the scope of protection of transport infrastructure:

The specialized administrations, Vietnam Railway Corporation, and Provincial Departments of Transport need to strictly manage the issuance of permits for construction, use, and exploitation within the scope of protection of transport infrastructure; permits for various types of transportation vehicles with large load capacity and dimensions operating on public roads; permits for excavation and other cases specified in Article 21 of the Ordinance.

4/ Regarding the management of quality maintenance and repair of transport infrastructure:

This is a top priority in maintaining and protecting transport infrastructure; units need to take effective measures to address this task. Central and local transport infrastructure management units must jointly bear responsibility for accidents caused by poor quality of transport infrastructure not meeting technical safety standards to strictly enforce Article 15 of the Ordinance.

5/ Land clearance for the improvement, expansion, and upgrading of transport infrastructure:

This task is extremely complex and a major difficulty in improving, expanding, and upgrading transport infrastructure; management and construction units of transport infrastructure must coordinate with local authorities, relevant agencies, Committees, and Sectors to implement Article 19 of the Ordinance.

6. Regarding inspection, supervision, and handling of encroachment and infringement on transportation works:

The specialized agencies, Vietnam Railway Association, and Departments of Transportation shall strengthen inspection and supervision work, coordinate with relevant agencies, and seek assistance from local authorities at all levels to strictly handle acts of encroachment and violations of transportation works as stipulated in Articles 18, 19, 20, 21, and 22 of the Ordinance.

7. Regarding the organization of units managing and protecting transportation works:

The specialized agencies, Vietnam Railway Association, and Departments of Transportation shall continue to study and improve the organizational system of units managing and protecting transportation works under their respective sectors or within their jurisdiction as provided for in Article 27 of the Ordinance.

8. Regarding funding for the protection of transportation works:

Article 5 of the Ordinance provides that the State shall ensure funding and conditions for the maintenance and repair of transportation works constructed using budget funds. The Department of Investment Planning, specialized agencies, and Vietnam Railway Association need to review the budget for the protection of transportation works to submit to the Ministry and the State for approval; the Departments of Transportation shall develop the budget for the protection of transportation works to submit to the People's Committees of provinces and centrally-administered cities for examination and approval.

9. Regarding the collection of fees for the use of transportation works:

For transportation works permitted by the Government to collect fees, the Ministry requests the units to strengthen the inspection of fee collection activities and take measures to improve and rectify these activities as prescribed in Article 19 of the Ordinance.

10. Regarding the organization of traffic inspection forces for the protection of transportation works (referred to as traffic inspectors):

Pending the issuance of regulations fully detailing the organization and operation of traffic inspection forces, the Departments of Transportation and specialized agencies shall, based on the current traffic transport inspection forces, reorganize the inspector team to ensure they can perform the tasks, functions, and powers of traffic inspectors as stipulated in Article 29 of the Ordinance.

The above are some immediate tasks. The Ministry requests the units to implement them to enforce this Ordinance.

III- IMPLEMENTATION:

1. The Ministry of Transport requests the People's Committees of provinces and centrally-administered cities, the Ministry of Home Affairs, the Ministry of National Defense, and other related state agencies to cooperate and create favorable conditions for units managing transportation works to effectively implement this Ordinance.

The Ministry of Transport requests mass media organizations to assist in the wide dissemination and publicity of this Ordinance.

2. The specialized agencies, Vietnam Railway Association, and Departments of Transportation must designate one leader to directly direct the dissemination and implementation of the aforementioned tasks to enforce this Ordinance.

3. Timeframe:

+ Step 1: Dissemination and publicity of the Ordinance must be completed before April 30, 1995, as stated in Item I of this Directive.

+ Step 2: Units must implement certain tasks as mentioned in Item II above to enforce this Ordinance and report the results to the Ministry.

During the implementation of the Ordinance, if there are any difficulties or obstacles, units must promptly report them to the Ministry for consideration and resolution.

The Ministry assigns the Legal Affairs - Transport Department to monitor the implementation of the Ordinance by the units and compile the situation to report to the Ministry and the State.

It is required that heads of units strictly comply with this Directive.