DECREE

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

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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 the Planning Law dated November 24, 2017;

Pursuant to the Law amending and supplementing some articles of 37 Laws related to planning dated June 15, 2018;

At the proposal of the Minister of Transport;

The Government promulgates this Decree 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.

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. Amending and supplementing Clause 3 of Article 26 as follows:

"3. Projects for urban areas, industrial zones, economic zones, residential areas, commercial service areas, and other constructions must be built according to the approved planning and have a system of bypass roads outside the safe zone of the road. The project investor is responsible for building the bypass road system and shall not use land reserved for roads for auxiliary works or road connections; in cases where it is necessary to use land reserved for roads for connecting roads to national highways, such actions must be carried out at the connection points determined by the provincial People's Committee in accordance with Article 29 of this Decree."

2. Amending and supplementing Article 29 as follows:

"Article 29. Connection to National Highways
1. Connecting roads to national highways include:
a) Provincial roads, district roads, commune roads, urban roads;
b) Special-purpose roads;
c) Bypass roads;
d) Roads from areas and facilities serving national defense, security, economic and social development.
2. The provincial People's Committee decides to approve connection points to national highways in accordance with approved planning and in compliance with the connection principles and requirements stipulated by the Minister of Transport; it is responsible for ensuring safe and effective traffic flow at the connection points.

In cases where the connection point is located in areas with difficult terrain for bypass road construction due to road corridor division such as high mountains, deep valleys, rivers, streams, railways, and other obstacles that are difficult to relocate, or where the connection point from facilities serving national defense, security, and key national projects or important local development projects does not fully meet the connection requirements, the provincial People's Committee decides after obtaining the opinion of the Ministry of Transport.

In cases where the connection point is within the scope of a national highway project invested under the public-private partnership model, the provincial People's Committee decides after reaching consensus with the competent authority of the public-private partnership project.
3. The design and construction of intersection points for connections must comply with current technical standards and design requirements for automobile roads, ensuring effective traffic flow and safety.
4. Residential roads may only connect to national highways through branch roads or bypass roads. When forming or expanding the administrative boundaries of urban areas, the provincial People's Committee must utilize existing local road systems or construct bypass roads along national highways to minimize direct connections to national highways.
5. For new national highway projects or those being upgraded, realigned, or rerouted, the project investor or the agency tasked with preparing the project must base the location and scale of the branch road connection intersections on approved planning when drafting the project.
6. Based on the provincial People's Committee's decision approving the connection points to national highways, organizations or individuals assigned to use the connection points must prepare and submit documentation to the competent road authority for examination and approval of the design and traffic organization plan for the connection points to national highways.
7. The management and use of land for branch road connections to national highways as provided in this Article must comply with the provisions of the Land Law."

3. Supplementing Clause 4a after Clause 4 of Article 31 as follows:

"4a. Inspecting, handling, or recommending handling within their authority the implementation of regulations on connection to national highways; requiring the provincial People's Committee to revoke decisions on connections that do not comply with regulations, close down non-compliant connection points, and restore the original condition of the national highway route."

4. Supplementing Clause 2a after Clause 2 of Article 40 as follows:

"2a. Implementing connections to national highways in accordance with regulations; revoking decisions on connections that do not comply with regulations and bearing responsibility for any related losses caused by non-compliant decisions."

Article 2. Repealing Article 5, Article 6, Article 7, Clause 4 of Article 28, and Article 37 of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure.

Article 3. Transitional Provisions

The provincial People's Committees shall review and issue decisions to approve connection points to national highways to replace the integrated planning connection points included in the provincial planning pursuant to Resolution No. 110/NQ-CP dated December 2, 2019 of the Government and the connection points previously agreed upon by the Ministry of Transport before the effective date of this Decree to continue implementing connections to national highways.

Article 4. Implementation provisions

1. This Decree takes effect from February 15, 2022.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal People's Committees directly under the Central Government, and relevant organizations and individuals are responsible for implementing this Decree./.