Decree No. 11/2010/NĐ-CP on the management and protection of road traffic infrastructure structures

DECREE

Provisions on management and protection of road traffic infrastructure

_______________

THE GOVERNMENT

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;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Road Traffic Law regarding the management and protection of road traffic infrastructure including naming or numbering roads; planning infrastructure and technical standards; traffic safety assessment; protecting road traffic infrastructure; using and exploiting within the scope of land allocated for roads; responsibilities for managing and protecting road traffic infrastructure.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals both domestic and foreign related to activities of managing and protecting road traffic infrastructure on the territory of Vietnam.

Chapter II

NAMING OR NUMBERING ROADS

Article 3. Principles for naming or numbering roads

1. Each road route shall be named or numbered.

2. New road routes constructed shall be named or numbered according to the provisions of this Decree; naming or numbering roads aims to facilitate participants in road traffic and road management work.

3. The starting point and endpoint of national highways and expressways shall be named according to the north-south or east-west direction or from Hanoi Capital City, Ho Chi Minh City to administrative centers of provinces and centrally-administered cities.

The starting point and endpoint of provincial roads and district roads shall be determined according to the direction as prescribed for national highways or from the provincial administrative center to town, township or from national highways to provincial administrative centers, district administrative centers, towns, townships.

4. Roads that have been named or numbered and their starting points and endpoints determined before this Decree takes effect shall remain unchanged.

Article 4. Naming or numbering roads

1. Naming or numbering roads outside urban areas

a) The name of the road includes the word "Road" followed by the name as prescribed at point a Clause 1 Article 40 of the Road Traffic Law;

b) The number of the road consists of the abbreviated system name and natural number separated by a dot;

Abbreviations of the road systems are as follows: national highway (QL), expressway (CT), provincial road (ĐT), district road (ĐH).

The Ministry of Transport shall specify specific natural numbers for each locality to assign numbers for the provincial road system.

In cases where a single number is assigned to multiple expressways, multiple national highways, or multiple provincial roads, district roads within the same locality, an additional letter from B to Z shall be added sequentially, except for the first road assigned that number.

c) In cases where a province is divided and a provincial road passes through the territory of two new provinces or in cases where provinces are merged and a provincial road passes through a new province, the name or number and starting point and endpoint shall remain unchanged;

d) For sections with multiple roads overlapping, the naming or numbering shall be as follows:

- For overlapping sections belonging to one road system, the name or number shall be assigned according to the road with higher technical grade;

- For overlapping sections belonging to multiple road systems, the name or number shall be assigned according to the road system with higher management level.

đ) Names and numbers of roads belonging to the network of roads under international agreements shall simultaneously use the domestic name and number and the name and number according to relevant international agreements;

e) For commune roads, only the name consisting of the word "Road" followed by the place name or customary name shall be assigned.

2. Naming or numbering urban roads

a) The number of urban roads consists of the abbreviated urban road system name (ĐĐT) and natural number separated by a dot;

b) Naming urban roads shall be carried out according to Decree No. 91/2005/ND-CP dated July 11, 2005 of the Government on the issuance of Regulations on naming, renaming streets and public works.

3. In cases where urban roads overlap with national highways, both the urban road name and the name and number of the national highway shall be used.

4. Authority for naming or numbering roads

a) The Ministry of Transport shall name or number roads belonging to the national highway system;

b) Provincial People's Committees shall number roads belonging to the urban road system and provincial road system; name or number roads belonging to the district road system;

Provincial People's Councils shall name urban roads and provincial roads based on the proposal of the same-level People's Committee;

c) District People's Committees shall name roads belonging to the commune road system.

5. Agencies, organizations, and individuals with authority to name or number roads shall be responsible for announcing the name or number of roads on mass media.

Chapter III

PLANNING INFRASTRUCTURE AND TECHNICAL STANDARDS FOR ROADS

Article 5. Principles of Road Transport Infrastructure Planning

1. In accordance with the orientation of economic and social development, transport planning, and other related plans.

2. To be established for at least ten years and to provide guidance for development for at least the following ten years.

3. National highway and provincial road planning passing through urban areas must follow outer urban ring roads, or construction of elevated or underground roads.

4. Road transport infrastructure planning within urban areas must ensure land reserves as stipulated in Article 8 of this Decree and must include collector roads, overpasses, and underpasses at appropriate locations to ensure traffic safety.

Article 6. Contents of Road Transport Infrastructure Planning

1. Road transport infrastructure planning includes: expressway network planning, national highway planning, regional road planning, provincial road planning, and separate road construction project planning according to management requirements of competent authorities.

2. The contents of road transport infrastructure planning include:

a) Current status analysis and evaluation;

b) Role and position;

c) Views and objectives;

d) Demand forecasting;

đ) Justification of planning schemes;

e) Land use requirements;

g) Priority project list and implementation schedule;

h) Environmental impact assessment;

i) Solutions and policies;

k) Implementation organization.

Article 7. Responsibilities for Establishing and Approving Road Transport Infrastructure Planning

1. The Ministry of Transport

a) To establish road transport infrastructure planning for national highways, expressways, road networks involved in transportation with countries related to Agreements that Vietnam is a member of, regional roads, provincial roads, and other assigned planning; submit to the Prime Minister for approval in accordance with regulations;

b) To provide written comments on the content of road transport infrastructure planning for provinces and centrally governed cities;

c) To approve road transport infrastructure planning within their authority or upon delegation by the Prime Minister;

d) To inspect and supervise the implementation of road transport infrastructure planning throughout the country.

2. Provincial People's Committees shall organize the establishment of local road transport infrastructure planning based on strategies, economic and social development plans, defense and security plans, and related transport planning, seek agreement in writing according to the provisions below before submitting to the competent authority for approval at the appropriate level:

a) Urban road transport infrastructure planning for special-class cities must have written agreement from the Ministry of Construction and the Ministry of Transport;

b) Urban road transport infrastructure planning for provinces and centrally governed cities outside the provision in point a of this clause must have written agreement from the Ministry of Transport.

Article 8. Land Reserve for Road Transport Infrastructure

1. The land reserve for road transport infrastructure is the land designated for constructing road transport infrastructure projects as determined in the road transport infrastructure planning. The provincial People's Committee shall determine and manage the land reserve for constructing road transport infrastructure according to the approved planning.

2. For new urban areas, the ratio of urban transport land to urban construction land must be ensured as follows:

a) Special-class cities: 24% to 26%;

b) Class I cities: 23% to 25%;

c) Class II cities: 21% to 23%;

d) Class III cities: 18% to 20%;

đ) Class IV, V cities: 16% to 18%.

The urban transport land reserve is the area of land designated for constructing urban transport infrastructure, excluding river, stream, pond, lake areas, and underground transport construction works.

Article 9. Technical Classification of Roadways

1. The technical classification of roadways is the design level of roads, including expressways and roads from Class I to Class VI.

2. Determining the technical classification of roadways shall be based on the function of the road route within the transportation network, topography, and the designed traffic volume.

Article 10. Application of Technical Standards

1. Existing operational roadways that have not reached their technical classification must be improved and upgraded to meet the technical standards of the appropriate roadway class.

2. New road construction must ensure the technical standards of the roadway class and related regulations concerning traffic organization and safety operation of road infrastructure.

3. For forestry roads, mining roads, and other specialized roads, national standards for roadways and specific industry standards shall apply.

4. In cases where foreign technical standards for roadways are applied, approval from the Ministry of Transport is required.

Chapter IV

TRAFFIC SAFETY AUDIT

Article 11. General Provisions on Traffic Safety Audit

1. Authority to decide and organize traffic safety audit

a) For new road construction projects, upgrades, and renovations

The authority deciding on investment projects must conduct a traffic safety audit. The project investor decides on the phase of the project to be audited and organizes the traffic safety audit. For projects implemented under the BOT (Build-Operate-Transfer), BT (Build-Transfer), and BTO (Build-Transfer-Operate) models, the authority to decide on the traffic safety audit is stipulated in point b of this clause.

b) For operational roadways

The Ministry of Transport decides and organizes traffic safety audits for national highways and expressways;

Provincial People's Committees decide and organize traffic safety audits for urban roads, provincial roads, and district roads.

2. The traffic safety audit by the authority specified in Clause 1 of this Article shall be conducted based on the Traffic Safety Audit Report prepared by the consulting organization conducting the audit.

3. Organizations and individuals implementing projects not funded by state capital or having specialized roads must organize traffic safety audits according to the provisions of this Decree. The Traffic Safety Audit Report must be approved by the competent state agency specified in Clause 1 of this Article.

4. The Traffic Safety Audit shall be carried out by an organization with sufficient capacity as stipulated in Article 12 of this Decree; the Traffic Safety Audit organization operates independently from the consulting organization that has prepared the project and design documentation.

5. The organization conducting the Traffic Safety Audit is responsible for reviewing project documentation, inspecting the site, identifying potential traffic accident risks; preparing a report with recommendations and suggestions for corrective measures.

6. The design consultant is responsible for incorporating the recommendations and suggestions stated in the Traffic Safety Audit Report, as reviewed in Clause 2 of this Article, to amend the project documentation and design. If they disagree with the Traffic Safety Audit organization's opinion, the design consultant reports to the Project Investor for review and decision.

For operational roadways, the road management authority is responsible for incorporating the recommendations and suggestions stated in the Traffic Safety Audit Report, as reviewed in Clause 2 of this Article, and developing repair and remediation plans. If they disagree with the Traffic Safety Audit Report, they shall submit it to the competent authority specified in point b of Clause 1 of this Article for review and decision.

7. Costs for auditing and fees for traffic safety audits are included in the total investment amount and construction budget for new road construction, upgrades, and renovations; they are used from the financial resources allocated for road management and maintenance for operational roadways.

8. Costs for auditing and fees for traffic safety audits

a) The Ministry of Transport stipulates the costs for traffic safety audits for new road construction projects; upgrade and renovation projects;

b) The Ministry of Transport leads and coordinates with the Ministry of Finance to stipulate the costs for traffic safety audits for operational roadways;

c) The Ministry of Finance leads and coordinates with the Ministry of Transport to stipulate the fees for traffic safety audits.

9. The Ministry of Transport shall provide detailed regulations on traffic safety audits at each stage; stipulate the content of training programs on traffic safety audits, organize training, and issue certificates for Traffic Safety Auditors.

Article 12. Conditions for organizations and individuals conducting traffic safety audits

1. Organizations conducting traffic safety audits must meet the following conditions:

a) For projects in Group A and Group B, the organization conducting traffic safety audits must have at least 10 people, including at least 04 highway engineers; 01 road transport engineer, and at least 01 person qualified to serve as the Head of Traffic Safety Audit;

b) For projects in Group C, the organization conducting traffic safety audits must have at least 05 people, including at least 01 highway engineer, 01 road transport engineer, and 01 person qualified to serve as the Head of Traffic Safety Audit.

2. Individuals participating in traffic safety audits (referred to as Auditors) must meet the following conditions:

a) Hold a university degree or higher in a specialized field related to road transportation (highways, bridges, urban transportation infrastructure, road transport), with at least 03 years of experience in road design work, or hold a university degree or higher and have directly managed road transportation for at least 05 years, including participation in the design or direct handling of traffic safety in at least 03 projects;

b) Possess a Traffic Safety Auditor certificate issued by a competent state authority.

3. Individuals assuming the position of Head of Traffic Safety Audit, in addition to meeting the conditions stipulated in Clause 2 of this Article, must also meet one of the following conditions:

a) Hold a university degree or higher in a specialized field related to road transportation, with at least 10 years of experience in road design work;

b) Hold a university degree or higher and have directly managed road transportation for at least 12 years, including participation in the design or direct handling of traffic safety in at least 03 projects;

c) Have assumed the position of Head of Design Project for at least 03 projects with construction levels equivalent to the level of the project requiring traffic safety audit (construction level according to the law on construction).

Article 13. Stages of traffic safety audit

1. For new, upgraded, or reconstructed roads

a) Traffic safety audit must be conducted at either the technical design stage or the construction drawing design stage;

b) In addition to the provisions in point a of Clause 1 of this Article, the investment decision-making authority may choose to conduct traffic safety audit at one of the following stages:

- Preparing the Investment Project for Construction Works or the Economic and Technical Report for Construction Works;

- Before putting the road into operation.

2. For operational road works, traffic safety audit must be conducted when any of the following situations occur:

a) If the number of traffic accidents suddenly increases after upgrading or reconstructing the road;

b) The actual traffic volume exceeds 30% of the designed traffic volume;

c) Urbanization has increased by more than 20% since the time the road was put into operation.

Chapter V

PROTECTION OF ROAD TRANSPORT INFRASTRUCTURE STRUCTURES

Article 14. Land area allocated for roads

1. The land area allocated for roads includes the land of the road and the road safety buffer zone.

2. The land of the road includes the portion where the road works are constructed and the land along both sides of the road for management, maintenance, and protection of the road works (hereinafter referred to as the land along both sides of the road for management, maintenance, and protection of the road works as the land for protection and maintenance of the road).

The land for road protection and maintenance is used to store materials for maintenance, to move or place equipment for maintenance work, to deposit dirt from the road surface on both sides of the road, and to prevent damage to road works.

The width of the land for road protection and maintenance varies according to the road class and is measured from the outer edge of the road base (the bottom of the embankment slope or the outer edge of the longitudinal ditch at locations without embankments or cuttings or the top of the cutting slope) outward on each side as follows:

a) Three meters for expressways, Class I roads, and Class II roads;

b) Two meters for Class III roads;

c) One meter for Class IV roads and below.

3. For new or upgraded roads, the Project Investor must determine the land limits for the road and proceed with the necessary procedures to request the competent authority to reclaim the land and provide compensation in accordance with the laws on land.

4. For operational road projects, the road management agency together with the local land management agency must determine the land limits for the road and develop plans to reclaim land from land users for management in accordance with regulations, prioritizing the reclamation of land for roads of Class III and above.

Article 15. Road Safety Zone Limits

The road safety zone is the strip of land along both sides of the road intended to ensure traffic safety and protect road works. The limits of the road safety zone are defined as follows:

1. For non-urban roads: based on the technical grade of the road according to the planning, the width of the road safety zone, measured from the road right-of-way outward on both sides, is:

a) Forty-seven meters for expressways;

b) Seventeen meters for Class I and Class II roads;

c) Thirteen meters for Class III roads;

d) Nine meters for Class IV and Class V roads;

đ) Four meters for roads of a lower grade than Class V.

2. For urban roads, the width of the road safety zone is measured from the edge of the road to the construction boundary of the road as approved by the competent authority. For urban expressways, the width of the road safety zone is forty meters.

3. Where the road safety zone overlaps with the railway safety zone, the management boundary shall be determined based on the principle of prioritizing the allocation of the safety zone for railways, but the railway safety zone boundary shall not overlap with road works.

In cases where roads and railways are adjacent and share a common longitudinal ditch, the safety zone boundary is the bottom edge of the ditch on the higher road base; if the elevations are equal, the safety zone boundary is the bottom edge of the ditch on the railway side.

4. Where the road safety zone overlaps with the inland waterway protection zone, the safety zone boundary is the natural bank.

Article 16. Safety Zone Limits for Bridges and Culverts

1. Safety zone for bridges on non-urban roads

a) Along the length of the bridge, measured from the end of the abutment on each side:

- Fifty meters for bridges longer than sixty meters;

- Thirty meters for bridges shorter than sixty meters.

b) Along the width of the bridge, measured from the outer edge of the road right-of-way on each side:

- One hundred fifty meters for bridges longer than three hundred meters;

- One hundred meters for bridges between sixty meters and three hundred meters long;

- Fifty meters for bridges between twenty meters and less than sixty meters long;

- Twenty meters for bridges shorter than twenty meters.

2. Safety zone for bridges on urban roads

a) Along the length of the bridge, it is determined similarly to bridges on non-urban roads;

b) Along the width of the bridge, for sections running on dry land including parts over non-permanently flooded areas, it is measured seven meters from the outer edge of the road right-of-way on each side; for the remaining sections, it is determined as in point b, Clause 1 of this Article;

c) At urban traffic intersections, overpasses, underpasses, and pedestrian bridges designed and approved by the competent authority.

3. The safety zone for culverts corresponds to the safety zone for the road where the culvert is located.

Article 17. Limitations on Safety Zones for Road Tunnels

1. For road tunnels outside urban areas, the surrounding land and water area is calculated from the outermost point of the tunnel structure outward to a distance of 100 meters.

2. For road tunnels within urban areas, the safety zone shall be determined by design consultants based on ensuring the tunnel's long-term safety as stated in the design documents and approved by the competent authority.

Article 18. Limitations on Safety Zones for Ferry Terminals and Floating Bridges

1. Along the longitudinal axis: equal to the length of the approach to the ferry terminal or floating bridge.

2. Along the transverse axis: extending 150 meters from each side of the centerline of the ferry terminal or floating bridge upstream and downstream.

Article 19. Limitations on Safety Zones for Road Protection Embankments

1. Anti-erosion embankments protecting the road foundation

a) From the head of the retaining wall and from the tail of the retaining wall towards both upstream and downstream directions, each direction 50 meters;

b) From the foot of the retaining wall towards the river 20 meters.

2. Retaining wall for stream regulation

a) From the foot of the retaining wall towards both upstream and downstream directions, each direction 100 meters;

b) From the root of the retaining wall towards the bank 50 meters;

c) From the foot of the head of the retaining wall towards the river 20 meters.

3. In cases where the safety zones of road protection embankments specified in Clause 1 and Clause 2 of this Article overlap with those of flood control levees, the boundary shall be the midpoint between the outermost points of the two structures.

Article 20. Protective Areas for Certain Other Roadside Structures

The protective area for bus stations, parking lots, traffic control stations, vehicle weight inspection stations, toll stations for bridges and roads, rest stops, and other facilities serving road management includes the land and water areas within the scope of the facility; the area of the facility is defined by the competent state authority in the Land Use Right Certificate, House Ownership Certificate, and Certificates of Ownership of Other Assets Attached to the Land.

Article 21. Upper Airspace Limitations for New Roadway Structures

The upper airspace safety limits for new roadway structures are defined as follows:

1. For roads, it is 4.75 meters measured vertically upward from the highest point of the road surface. For national-standard expressways.

2. For bridges, it is the highest structural part of the bridge, but not less than 4.75 meters measured vertically upward from the highest point of the bridge deck (the driving surface).

3. The height of communication lines above the road must ensure a minimum vertical distance of 5.50 meters from the highest point of the road surface to the communication line.

4. The height of power transmission lines above the road or directly attached to the bridge structure must ensure safe operation of transportation and power grid security according to the voltage of the power line.

Article 22. Distances Between Structures and Roadway Structures

1. Production facilities that cause smoke, dust, and air pollution reducing visibility must be located at a distance corresponding to the affected area caused by the production facility from the outer boundary of the roadway safety zone.

2. Lime kilns, brick kilns, or similar production facilities must be situated outside and at least 25 meters away from the roadway safety zone.

3. Markets and service business points with parking areas and cargo storage locations must be located outside the roadway safety zone and organized to connect to the road according to regulations.

4. Warehouses storing explosives, highly flammable materials, toxic chemicals, and mining sites using explosives must be located outside the roadway safety zone at a distance ensuring safety for transportation operations due to fire, explosion, and pollution as stipulated by law.

5. Urban areas, industrial zones, economic zones, residential areas, commercial service areas, and other structures, except those specified in Clauses 1, 2, 3, and 4 of this Article, must be located outside the roadway safety zone and at a distance according to architectural space regulations regarding construction distances.

6. Other structures outside the roadway safety zone that affect road traffic operations and safety must be promptly rectified or repaired by the project investor or user.

Article 23. Lateral Safety Distance Limits for Roadways

For telecommunications tower structures, information lines, power transmission lines, the distance measured from the top edge of the road embankment or the peak edge of the road excavation to the base of the tower must be at least 1.3 times the height of the tower and not less than five meters. Other cases shall be regulated by the Minister of Transport.

Article 24. Safety Distance Limits for Roadway Sections Below Ground Level and Below Water Surface

The sections below ground level and below water surface for road structures shall be determined by the competent road management authority for each specific project, in accordance with technical requirements, ensuring traffic safety, structural safety, and without affecting the management and maintenance of the roadway.

Chapter VI

USE AND EXPLOITATION WITHIN THE ROADWAY LAND ALLOTMENT

Article 25. Use of Roadways for Cultural Activities

1. Agencies and organizations that need to use roadways for cultural activities (sports, parades, festivals) must submit a request letter and a traffic safety plan to the competent road management authority at least ten working days before the cultural event takes place. The request letter must clearly state the content, program, and time of using the roadway.

2. The competent road management authority shall approve the traffic safety plan in writing according to the following levels:

a) The Vietnam Highway Administration shall approve cultural activities on national highways or on multiple road systems including national highways;

b) The Department of Transportation of the province shall approve cultural activities on provincial roads, urban roads within the province, or on multiple road systems including provincial roads and urban roads, except for cases under the jurisdiction defined in point a of this clause;

c) The specialized agency of the People's Committee of the district shall approve cultural activities on district roads within the district or cultural activities taking place simultaneously on both district and commune roads within the district;

d) The People's Committee of the commune shall approve cultural activities on commune roads within its management area.

3. The competent road management authority shall examine and approve in writing the traffic safety plan within five working days from the date of receiving the request letter. In cases where traffic restrictions or road closures are necessary, the road management authority must issue a traffic diversion plan announcement; agencies and organizations requiring the use of roadways for cultural activities must publish the announcement on mass media at least five days before the cultural event.

4. The agency or organization organizing the cultural activity shall be responsible for clearing all equipment and restoring the original condition of the roadway upon completion of the cultural activity; they shall also be responsible for traffic safety issues arising from non-compliance with the approved traffic safety measures.

Article 26. Use of Land Allocated for Roadways

1. Land allocated for roadways shall only be used for constructing road structures, utilizing and exploiting for the purpose of ensuring road transport safety, except for essential facilities that cannot be located outside the land allocated for roadways.

2. Construction of essential facilities within the land allocated for roadways must ensure safe operation of the road structure and can only be applied in the following cases:

a) Facilities serving security and defense needs;

b) Facilities with special technical requirements that cannot be located outside the land allocated for roadways.

3. Urban development projects, industrial zones, economic zones, residential areas, commercial service areas, and other constructions must be built according to the approved planning and have access roads located outside the land allocated for roadways. The project investor is responsible for building the access roads, and may not use the land allocated for roadways for auxiliary works or connecting roads; if it is necessary to use the land allocated for roadways for connecting roads to national highways, then the connection points must comply with the agreed-upon highway connection planning of the Provincial People's Committee in coordination with the Ministry of Transport as stipulated in Article 29 of this Decree.

4. The land allocated for roadways may not be used for residential purposes, business services, anchoring ships and boats, or constructing facilities that alter water flow, causing erosion and compromising the safety of bridge structures, pontoon bridges, ferry terminals, riverbank stabilization structures, and erosion protection structures along the roadbed.

Article 27. Construction of Essential Works within the Scope of Land Allocated for Roadways

1. Organizations and individuals constructing essential works within the scope of land allocated for roadways must comply with the following regulations:

a) Prepare and approve project plans and designs in accordance with laws on investment and construction;

b) Obtain approval documents from competent state management agencies immediately when preparing investment project plans, technical design documents, or economic-technical reports before submitting to competent authorities for approval:

- The Ministry of Transport shall approve essential works on national highway systems and expressways;

- Provincial People's Committees shall approve essential works on local road systems.

c) Hold a Construction Permit ensuring traffic safety issued by the competent road management agency.

2. The Ministry of Transport shall stipulate the issuance of Construction Permits for essential works or connection points on national highway systems and expressways, while provincial People's Committees shall stipulate the issuance of Construction Permits for essential works or connection points on local roads.

Article 28. Exploitation and Utilization within the Scope of Road Safety Zone Land

Road safety zone land may be temporarily used for agricultural purposes or advertising without affecting the safety of works, road traffic safety, and must comply with the following provisions:

1. Fish ponds and reservoirs must maintain a minimum distance from the edge of the road embankment equal to the height difference between the edge of the road embankment and the bottom of the pond or reservoir. The water level in the pond or reservoir must not exceed the elevation of the road embankment base.

No fish ponds or water accumulation should be established above the road embankment cut.

2. In cases where food crops, vegetables, or fruit trees are planted, the height of the plants must not exceed 0.9 meters (from the road surface) in areas with road embankments in curved sections, intersections of roads, and road crossings with railways, which obstruct visibility; for cut sections, planting must be at least 6 meters away from the outer edge of the road.

3. Ditches must maintain a minimum distance from the outer edge of the road equal to their depth, and the designed safe water level in the ditch must not exceed the elevation of the road embankment base.

4. Retail gasoline stations must be constructed outside the road safety zone according to approved planning by competent authorities; written approval from the Ministry of Transport (for national highways and roads with special management exploitation regulations) and the provincial People's Committee (for provincial, district, and urban roads) regarding the location and design of the access road to the retail gasoline station through the road safety zone land, including the design of the connection point with existing roads, ensuring technical standards and safety of the operational road section.

5. Temporary advertising signs installed within the road safety zone must not affect traffic safety and must be approved by the competent road management agency.

Advertising signs must not be installed within the expressway safety zone.

Advertising signs installed outside the road safety zone must not affect traffic safety.

6. The use of road safety zones related to adjacent security and defense works must have the unified opinion of the Ministry of Public Security or the Ministry of National Defense.

7. Construction works on road safety zone land can only commence after obtaining a Construction Permit from the competent road management agency and organizing traffic safety in accordance with regulations.

8. The investor utilizing and exploiting the scope of protection of road transportation infrastructure has the following responsibilities:

a) Fully implement procedures for agreement and approval of design (foundation design, technical design, or construction drawing design - depending on the scale and nature of the construction work, hereinafter referred to as design), design review (if necessary), and issuance of Construction Permits in accordance with this Decree and other relevant laws;

b) Commit to relocating or modifying the works in accordance with the schedule required by the competent road management agency;

c) Shall not request compensation and shall bear all related costs and responsibilities.

9. In cases where construction works on road safety zone land existed prior to the effective date of regulations on managing road safety zone land, consistent with the intended use stated in the Land Use Right Certificate, House Ownership Certificate, and Other Property Rights Certificates issued by competent authorities, and without affecting traffic safety, such works may continue to be utilized.

When there is a requirement to reclaim land for upgrading or renovating transportation works, the investor must compensate and support the owner of the dismantled works in accordance with the law.

Article 29. Connecting to National Highway

1. Connecting roads to national highways include:

a) Provincial roads, district roads, commune roads, urban roads;

b) Special-purpose roads;

c) Collector road.

2. Branch roads connecting to the national highway must go through connection points approved in the Planning of Connection Points by the Provincial People's Committee, after obtaining a written agreement from the Ministry of Transport. The state management agency for roads under the Provincial People's Committee is responsible for compiling statistics on connected roads and developing plans to handle them in accordance with the approved Planning of Connection Points.

Roads from residential areas can only connect to the national highway through branch roads.

3. The minimum distance between two connection points to the national highway shall be as prescribed by the Minister of Transport.

4. The design of the intersection of branch roads connecting to the national highway must comply with the National Standard for Automobile Roads.

5. Connecting branch roads to new national highway projects or those being upgraded, improved, realigned, or bypassed: From the project planning stage, the project investor must base on the local socio-economic development plan to determine the location and scale of intersections (interchange or direct intersections, at-grade intersections).

6. Connecting branch roads to operational national highways: The Provincial People's Committee bases on socio-economic development needs and local transportation development planning to develop the Planning of Connection Points.

7. The construction project or project owner assigned by the Provincial People's Committee to use connection points approved in the Planning of Connection Points must base on current automobile road design standards to prepare and submit documents to the competent authority for review and approval of the design and traffic organization plan for the connection point to the national highway.

Article 30. Construction of Works on Operational Roadways

1. When constructing works on operational roadways or essential works within the land reserved for roadways, it must ensure safe and smooth passage for people and vehicles; maintain the durability of operational roadways and protect the environment.

2. Construction of works on operational roadways must comply with regulations on ensuring traffic safety as prescribed by the Minister of Transport.

Chapter VII

RESPONSIBILITIES FOR MANAGING AND PROTECTING ROADWAY INFRASTRUCTURE

Article 31. Responsibilities of the Ministry of Transport

1. Uniformly manage the national road system throughout the country; responsible for organizing the management and maintenance of the national highway system, international transport roads, expressways (including national highways and expressways passing through urban areas).

2. Submit to the Government for issuance or issue according to its authority legal documents on managing and protecting roadway infrastructure and provide guidance on their implementation.

3. Direct and organize training for managers and protectors of central-managed road works; guide the Provincial People's Committees to organize training for managers and protectors of locally-managed road works.

4. Inspect and audit the implementation of legal provisions on managing and protecting roadway infrastructure.

5. Organize, direct, and supervise the activities of the Roadway Inspection throughout the country.

6. Develop plans, organize, and inspect the implementation of work to prevent, combat, and repair damage to national highway works caused by natural disasters and enemy actions; urge and inspect the implementation of work to prevent, combat, and repair damage to local roads caused by natural disasters and enemy actions.

7. Coordinate with the Provincial People's Committees and relevant Ministries and sectors to promote, disseminate, educate, and implement legal provisions on managing and protecting roadway infrastructure.

8. Coordinate with the Ministry of Finance to allocate funds for road management and maintenance, clearance of road safety corridors, prevention, and mitigation of consequences caused by natural disasters and enemy actions for the national highway system.

9. Coordinate with the National Traffic Safety Committee and relevant Ministries and sectors to develop a national traffic safety program to be submitted to the Government.

Article 32. Responsibilities of the Ministry of Public Security

1. Directing and guiding forces within the sector to inspect and handle violations of laws on protecting road traffic infrastructure according to their authority.

2. Cooperating with the Ministry of Transport and provincial People's Committees to perform state management functions regarding the protection of road traffic infrastructure.

3. Cooperating with the Ministry of Transport to determine the list, develop protection plans for important road works, submit them to the Prime Minister for approval, and organize their implementation.

Article 33. Responsibilities of the Ministry of National Defense

Taking the lead and cooperating with the Ministry of Transport to organize the protection of national defense works combined with road works.

Article 34. Responsibilities of the Ministry of Agriculture and Rural Development

Directing and guiding the implementation of planning and construction of water conservancy works related to road works; guiding the use of land within the safe road corridor for agricultural cultivation, ensuring technical standards and safety of road works.

Article 35. Responsibilities of the Ministry of Natural Resources and Environment

Taking the lead and coordinating with provincial People's Committees and the Ministry of Transport to guide planning and land use for roads; stipulating environmental protection measures due to the impact of road traffic.

Article 36. Responsibilities of the Ministry of Construction

Directing and guiding the management of construction outside the safe road corridor; coordinating with the Ministry of Transport and provincial People's Committees in the work of planning and implementing road traffic infrastructure in urban areas.

Article 37. Responsibilities of the Ministry of Industry and Trade

Directing and guiding the implementation of planning and construction of retail gasoline stations along national highways and roads with special operating regulations; coordinating with the Ministry of Transport to determine the location of connections from retail gasoline stations to national highways, ensuring the required distance according to regulations on connecting branch roads to national highways.

Article 38. Responsibilities of the Ministry of Finance

Taking the lead and coordinating with the Ministry of Transport and provincial People's Committees to aggregate and allocate funds for managing, maintaining roads, and protecting road traffic infrastructure, including funds allocated from the state budget for public services or derived from the state budget for clearing the safe road corridor.

Article 39. Responsibilities of Ministries and Ministerial-Level Agencies

Ministries and agencies at the ministerial level shall review and approve planning, construction of works, industrial zones, urban areas, residential areas, commercial service areas, and retail gasoline stations related to land reserved for roads in accordance with this Decree; they shall be responsible for supervising implementation and handling violations according to regulations.

Article 40. Responsibilities of Provincial People's Committees

1. Organizing and directing the dissemination, popularization, and education of laws on protecting road traffic infrastructure within their jurisdiction.

2. Guiding and organizing the implementation of regulations on protecting road traffic infrastructure within their jurisdiction.

3. Directing and inspecting the People's Committees of districts and Departments of Transport to implement preventive measures, block violations, and clear violations in the safe road corridor within their jurisdiction.

4. Organizing, directing, and inspecting the Department of Transport in the following areas:

a) Activities of Road Traffic Inspectors;

b) Issuing, revoking Construction Permits, suspending activities causing traffic safety hazards and road works safety within the protected road traffic infrastructure area of the locality;

c) Managing the implementation of planning for road traffic infrastructure; managing and maintaining the local road system.

5. Directing, guiding, and inspecting the People's Committees of districts in the following areas:

a) Protecting road works within the district;

b) Managing the use of land within and outside the safe road corridor, particularly the allocation of land and issuance of Construction Permits along roads;

c) Clearing works violating the protection of road traffic infrastructure within the district's scope.

6. Mobilizing forces, materials, and equipment to promptly restore traffic when affected by natural disasters or enemy attacks.

7. Developing plans and directing the implementation of preventive measures, blocking violations, and clearing the safe road corridor within their jurisdiction.

8. Reviewing and approving planning, construction of works, industrial zones, urban areas, residential areas, commercial service areas, and retail gasoline stations related to land reserved for roads in accordance with this Decree; they shall be responsible for supervising implementation and handling violations according to regulations.

9. Resolving disputes, complaints, and denunciations related to the protection of road traffic infrastructure within their jurisdiction in accordance with the law.

Article 41. Responsibilities of the People's Committee at the district level

1. Managing and maintaining the road system assigned within the district's jurisdiction.

2. Organizing propaganda, dissemination, and education for the public on regulations concerning the scope of land allocated for roads and the protection of road traffic infrastructure.

3. Managing the use of land inside and outside the safe road corridor in accordance with the provisions of the law; promptly handling cases of encroachment, occupation, and illegal use of the safe road corridor land.

4. Cooperating with road management units and related forces to implement measures to protect road works.

5. Implementing measures to protect the safe road corridor, preventing encroachment, and forcibly removing unauthorized construction projects to clear the safe road corridor.

6. Mobilizing all forces, materials, and equipment to protect works, promptly restoring traffic when affected by natural disasters or enemy activities.

7. Resolving disputes, complaints, and denunciations related to the protection of road traffic infrastructure within the district's jurisdiction in accordance with the provisions of the law.

Article 42. Responsibilities of the People's Committee at the commune level

1. Managing and maintaining the roads assigned within the commune's jurisdiction.

2. Propagandizing, disseminating, and educating the public on regulations concerning the scope of land allocated for roads and the protection of road traffic infrastructure.

3. Cooperating with the direct management unit of the road work and related forces to implement measures to protect road works including the maintenance of boundary markers and clearance markers of projects.

4. Managing the use of land inside and outside the safe road corridor in accordance with the provisions of the law; promptly detecting and handling cases of encroachment, occupation, and illegal use of the safe road corridor.

5. Mobilizing all forces, materials, and equipment to protect works, promptly restoring traffic when affected by natural disasters or enemy activities.

6. Resolving disputes, complaints, and denunciations related to the protection of road traffic infrastructure within the commune's jurisdiction in accordance with the provisions of the law.

Article 43. Determination of time periods for existing works within the scope of land allocated for roads

1. Before December 21, 1982: the period before the regulation on existing works within the scope of land allocated for roads was established.

2. From December 21, 1982 to before January 1, 2000: the period applying Decree No. 203/HĐBT dated December 21, 1982 of the Council of Ministers on the Road Protection Regulations.

3. From January 1, 2000 to before November 30, 2004: the period applying Decree No. 172/1999/NĐ-CP dated December 7, 1999 of the Government detailing the implementation of the Ordinance on the Protection of Traffic Works for road traffic works.

4. From November 30, 2004 to before the effective date of this Decree: the period applying Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on the management and protection of road traffic infrastructure.

Article 44. Provisions on resolving existing works within the land allocated for roads

1. Immediately remove works causing harm to the stability of road works and the safety of road transport operations.

2. For works that are not directly affecting the stability of road works and the safety of road transport, they may be temporarily maintained in their current state but the owner must commit not to expand them and to remove them upon request from the competent state management agency.

3. Compensation and support for owners of removed works shall be implemented in accordance with the provisions of the law.

Article 45. Coordination in Protecting Road Traffic Infrastructure Structures

1. The Ministry of Transport shall be responsible for issuing or taking the lead and coordinating with relevant ministries and sectors to develop regulatory documents guiding the implementation of land use for roads and protecting road traffic infrastructure structures.

2. The Ministry of Transport shall take the lead and coordinate with the Ministry of Public Security to develop plans for inspecting and auditing the protection of road traffic infrastructure structures in localities, urging localities to address violations and illegal constructions within road safety zones.

3. Ministries and sectors shall implement the protection of road traffic infrastructure structures based on their functions, tasks, and responsibilities stipulated in the Law on Road Traffic and this Decree.

4. Provincial People's Committees shall direct the People's Committees of districts and communes, and the Departments of Transport to develop plans and coordinate with road management units to perform the task of protecting road traffic infrastructure structures; handle cases of violations concerning the use of land in road safety zones; and instruct specialized agencies to monitor and compile reports on the use of land for roads and report to the Ministry of Transport and the Vietnam Highway Corporation.

5. Ministries and sectors when planning or implementing projects related to road traffic infrastructure structures must have the unified document of the Ministry of Transport from the project development stage and guide investors, contractors, and designers to implement land use for roads and ensure traffic safety during construction in accordance with the Law on Road Traffic and this Decree.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 46. Effectiveness and Implementation Guidance

1. This Decree shall take effect from April 15, 2010, and replace Government Decree No. 186/2004/NĐ-CP dated November 5, 2004, which stipulates the management and protection of road traffic infrastructure structures.

2. The Minister of Transport shall provide guidance on the implementation of Articles 4, 11, 27, 28, 29, 30, and other necessary contents of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.