Decree No. 100/2013/ND-CP Amending and supplementing some articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure.

DECREE

Amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure concerning road traffic infrastructure

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure,

Article 1. Amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure

1. Clause 3, Clause 4, Article 14 shall be amended and supplemented as follows:

"3. For newly constructed or upgraded roads, the project investor must determine the land limits for the road and proceed as follows:

For road land, procedures to request competent authorities to recover land and provide compensation according to the laws on land shall be established.

For road safety zone land: The project investor shall set up boundary markers to hand over to local authorities and road management agencies for management in accordance with regulations applicable to operational road safety zones. In cases where construction works and other assets within the road safety zone directly affect traffic safety and road safety, the project investor shall assess the extent of impact, coordinate with local land management agencies to establish procedures to request competent authorities to provide compensation and support for restricted land use capacity and damage to property attached to the land according to the laws on land.

4. For operational roads, the road management agency shall take the lead and coordinate with local land management agencies to determine the land limits for the road and road safety zones and implement the following tasks:

a) Review and determine the land limits for the road; establish procedures to request competent authorities to recover land and provide compensation and support according to the laws on land;

b) Review and determine the land limits for the road safety zone; set up boundary markers to hand over to local authorities and road management agencies for management according to planning; establish procedures to request competent authorities to provide compensation and support for restricted land use capacity and damage to property attached to the land according to the laws on land."

2. Article 15 shall be amended as follows:

"Article 15. Road Safety Zone Limits

The road safety zone is a strip of land alongside both sides of the road aimed at ensuring traffic safety and protecting road infrastructure. The road safety zone limits are determined according to approved road planning and are defined as follows:

1. For non-urban roads: Based on the technical grade of the road according to planning, the width of the road safety zone from the road land outward on each side is:

a) 17 meters for Class I and Class II roads;

b) 13 meters for Class III roads;

c) 09 meters for Class IV and Class V roads;

d) 04 meters for roads with a lower technical grade than Class V.

2. For urban roads, the road safety zone limit is the red line according to approved planning.

3. For non-urban expressways:

a) 17 meters, measured from the road land outward on each side;

b) 20 meters, measured from the outer edge of the outermost structure outward on each side for elevated bridges and tunnels;

c) For expressways with adjacent roads, based on the technical grade of the adjacent road, the road safety zone shall be determined according to Clause 1 of this Article but shall not be less than the road safety zone limit specified in Point a and Point b of Clause 3 of this Article.

4. For urban expressways:

a) Not less than 10 meters measured from the outer edge of the outermost structure outward on each side for tunnels and elevated bridges;

b) The red line according to approved planning for tunnels and elevated bridges with adjacent roads and expressways with adjacent roads;

c) From the outer edge of the road surface to the red line, but not less than 10 meters for expressways without adjacent roads.

5. For roads with overlapping road safety zones with railway safety zones, the management boundaries shall be delineated according to the principle of prioritizing the allocation of safety zones for railways, but the railway safety zone boundaries shall not overlap with road structures.

If the road and railway are adjacent and share a longitudinal ditch, the safety zone boundary is the bottom edge of the ditch on the higher ground level, if the levels are equal, the safety zone boundary is the bottom edge of the ditch on the railway side.

6. For roads with overlapping road safety zones with inland waterway protection zones, the safety zone boundary is the natural bank.

7. Handling of expressway safety zones already determined according to regulations before the effective date of this Decree:

a) For projects that have been approved by competent authorities, completed or ongoing land acquisition and compensation, the safety zone scope remains unchanged according to the approved scope;

b) For projects that have been approved by competent authorities but have not yet commenced land acquisition and compensation, the project investor shall reapprove or submit to competent authorities for reapproval of the safety zone scope according to this Decree."

3. Point b Clause 2 Article 16 shall be amended and supplemented as follows:

"b) Along the width of the bridge, for the part of the bridge running on land including the part of the bridge running on non-permanently flooded land and bridges spanning rivers, canals, and streams without inland waterway transport activities, it is measured from the outer edge of the outermost railing of the bridge outward on each side by 07 meters, the abutment of the bridge is treated as an urban road safety zone; for the remaining part of the bridge, it is regulated as in Point b Clause 1 of this Article."

4. Supplement Articles 25a, 25b, 25c, and 25d after Article 25 as follows:

"Article 25a. Temporary Use of Part of the Sidewalk Not for Traffic Purposes

1. The temporary use of part of the sidewalk not for traffic purposes shall not cause disorder or disruption to traffic safety.

2. The sidewalk may be temporarily used for non-traffic purposes in the following cases:

a) Propagandize the Party's guidelines and State policies. The temporary use period for the sidewalk shall not exceed thirty days; in cases where the temporary use period exceeds thirty days, it must be approved by the Ministry of Transport (for national highways) or the provincial People's Committee (for local road systems).

b) Organize funerals and parking points to serve funeral activities of households; the temporary use period for the sidewalk shall not exceed forty-eight hours, with special cases not exceeding seventy-two hours;

c) Organize weddings and parking points to serve wedding activities of households; the temporary use period for the sidewalk shall not exceed forty-eight hours;

d) Parking points to serve cultural, sports, parade, and festival activities; the temporary use period for the sidewalk shall not exceed the duration of the cultural activity;

đ) Material transfer points and construction waste disposal points to serve household construction projects; the usage time is from 10 PM on the previous day to 6 AM on the following day.

3. The sidewalk positions permitted for temporary non-traffic use must meet the following conditions:

a) The remaining sidewalk portion reserved for pedestrians must have a minimum width of 1.5 meters;

b) The sidewalk must have a load-bearing structure suitable for the permitted temporary use.

4. For the cases specified in Points b and c Clause 2 of this Article, households must notify the People's Committee of the ward or commune before temporarily using part of the sidewalk. For the cases specified in Points a, d, and đ Clause 2 of this Article, the provincial or centrally-administered municipal People's Committees shall stipulate administrative procedures for permitting temporary use of the sidewalk.

Article 25b. Temporary Use of Part of the Roadbed Not for Traffic Purposes

1. The temporary use of part of the roadbed not for traffic purposes must not disrupt traffic order and safety.

2. The roadbed may be temporarily used for non-traffic purposes in the following cases:

a) Parking points for motor vehicles to serve cultural, sports, parade, and festival activities; the temporary use period for the roadbed shall not exceed the duration of the event;

b) Transfer points for urban environmental sanitation enterprises' domestic waste; the usage time is from 10 PM on the previous day to 6 AM on the following day.

3. The roadbed positions permitted for temporary non-traffic use must meet the following conditions:

a) It does not belong to a national highway passing through an urban area;

b) The remaining roadbed portion reserved for various types of vehicles must have a minimum width sufficient to accommodate two lanes of motorized vehicles in one direction;

c) The roadbed must have a load-bearing structure suitable for the permitted temporary use.

4. The provincial or centrally-administered municipal People's Committees shall stipulate administrative procedures for permitting temporary use of the roadbed as prescribed in this Article.

Article 25c. Temporary Use of Part of the Sidewalk and Roadbed for Parking

1. The temporary use of part of the sidewalk and roadbed for paid parking must not disrupt traffic order and safety.

2. The sidewalk and roadbed positions permitted for temporary use must have a load-bearing structure suitable for the permitted temporary use and must meet the following conditions:

a) It does not belong to a national highway passing through an urban area;

b) The remaining roadbed portion reserved for various types of vehicles must have a minimum width sufficient to accommodate two lanes of motorized vehicles and one lane of non-motorized vehicles in one direction;

c) The remaining sidewalk portion reserved for pedestrians must have a minimum width of 1.5 meters.

3. Entrust the provincial or centrally-administered municipal People's Committees to establish, approve, and implement the planning for temporary use of sidewalks and roadbeds until 2023; stipulate administrative procedures for permitting temporary use of sidewalks and roadbeds as prescribed in this Article.

4. Entrust the Ministry of Transport to lead and coordinate with the Ministry of Finance to guide the management, exploitation, and temporary use of part of the sidewalk and roadbed for parking, fee collection, and state budget submission.

Article 25d. Handling cases where temporary partial use of road surface and sidewalk has been permitted

1. In cases meeting the provisions of Clause 2, Clause 3 of Article 25a, Clause 2, Clause 3 of Article 25b, and Clause 2 of Article 25c of this Decree, permission to continue using is granted; upon expiration of the permitted usage period, the procedure for requesting permission must be re-performed.

2. In cases not meeting the provisions of Clause 2, Clause 3 of Article 25a, Clause 2, Clause 3 of Article 25b, and Clause 2 of Article 25c of this Decree, permission to continue using is granted for no more than 30 days from the date this Decree takes effect, after which the original condition of the road surface and sidewalk must be restored to ensure traffic order and safety.

Article 2. Implementation clause

1. This Decree takes effect from October 20, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.