Circular No. 13/2005/TT-BGTVT guiding the implementation of certain provisions of Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on management and protection of road traffic infrastructure.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 186/2004/NĐ-CP

dated November 5, 2004 of the Government on Management and Protection of Infrastructure

traffic

To implement Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on Management and Protection of Road Traffic Infrastructure (hereinafter referred to as Decree No. 186/2004/NĐ-CP), the Ministry of Transport provides guidelines for implementing regulations on the scope of protection of road traffic infrastructure; use and exploitation within land reserved for roads; resolution of existing issues regarding the use of road safety zones as follows:

I. SCOPE OF PROTECTION OF ROAD TRAFFIC INFRASTRUCTURE

The scope of protection of road traffic infrastructure includes: land for roads; road safety zones; protection areas above ground, below ground, and underwater related to the safety of road construction works and road traffic safety, specifically as follows:

1. Land for roads is the portion of land on which the following road construction works are built:

1.1. Roads (roadbed, surface, edge, sidewalk, street curb);

1.2. Road bridges (river crossings, mountain passes, urban bridges, overpasses, railway overpasses);

1.3. Road tunnels (mountain tunnels, underground river crossings, underpasses, railway underpasses);

1.4. Anti-erosion structures, retaining walls, stream bank stabilization works, landslide prevention works;

1.5. Traffic islands, median strips, barriers, guardrails;

1.6. Parking lots, traffic control stations, vehicle weight inspection stations, bridge and road toll stations, weighing and counting devices;

1.7. Drainage systems, lighting systems, utility tunnels, road embankment protection works;

1.8. Ferry terminals, pontoon bridges, places for storing vehicles crossing rivers;

1.9. Road signage system including traffic lights, signs, gantries, markers, mileposts, lane markings;

1.10. Survey markers, boundary markers;

1.11. Ancillary safety works for traffic management.

2. Road safety zones are portions of land along both sides of the road (including the water surface of rivers, streams alongside bridges, tunnels, ferry terminals, pontoon bridges) aimed at ensuring traffic safety and protecting road construction works, including the following types:

2.1. Safety zones for roads (in urban areas, outside urban areas, parallel to rivers, canals, adjacent to railways);

2.2. Safety zones for road bridges and culverts;

2.3. Safety zones for road tunnels;

2.4. Safety zones for ferry terminals and pontoon bridges;

2.5. Safety zones for road embankments.

3. The limits of the scope of protection of road safety zones are stipulated from Article 13 to Article 17 of Decree No. 186/2004/NĐ-CP. Road management agencies when determining the width of road safety zones must base it on the level of the managed road according to planning; for bridges, it must be based on the length of the bridge.

4. The scope of protection for bus stations, parking lots, traffic control stations, vehicle weight inspection stations, bridge and road toll stations, and other works serving the management and operation of roads is the area of land and water of the works that have been assigned or leased by competent state authorities as specified in the land use permit.

5. Scope of protection above ground:

5.1. For construction works existing before the effective date of Decree No. 186/2004/NĐ-CP where the scope of protection above ground does not comply with the provisions of Decree No. 186/2004/NĐ-CP, the current status shall be temporarily maintained.

5.2. New construction works, upgrades, and renovations must ensure sufficient scope of protection above ground as follows:

a) For roads running under overpasses, the minimum clearance (static clearance) from the centerline of the road to the lowest point of the overpass, excluding allowance for road surface elevation, is 4.75 meters (four meters seventy-five centimeters);

b) For communication lines installed above roads, the minimum distance from the road surface to the lowest point of the communication line must be 5.50 meters (five meters fifty centimeters);

c) For power transmission lines installed above roads, the minimum distance of the power line at its lowest point when in maximum sag must be 4.50 meters (four meters fifty centimeters) plus the safe discharge distance according to the voltage level as prescribed by laws on electricity.

The owner of the power grid is responsible for placing and managing warning signs and height restriction signs at intersections between high-voltage power lines and roads below, in accordance with the Traffic Sign Regulations of Vietnam and the guidance of the direct road management agency.

6. Essential works (approved by competent road management authorities) constructed underground or underwater within the land reserved for roads and road safety zones must be located at depths or lateral distances that do not affect the management, maintenance, operation, and durability of road construction works. The depth and lateral distance are specified in the construction permit issued by the competent authority managing the roads.

7. Minimum lateral safety distance for communication lines and power transmission lines (approved by competent road management authorities) installed on poles or communication line poles within road safety zones must ensure the following minimum distances:

7.1. For poles with a height (measured from the ground at the base of the pole to the top of the pole) greater than 3.75 meters (three meters seventy-five centimeters), the minimum distance from the top of the road embankment or the edge of the road cut to the base of the pole is 1.3 times the height of the pole;

7.2. For poles with a height (measured from the ground at the base of the pole to the top of the pole) less than or equal to 3.75 meters (three meters seventy-five centimeters), the minimum distance from the top of the road embankment or the edge of the road cut to the base of the pole is 5 meters (five meters).

8. Overlapping safety zones between roads and railways:

When railway safety zones overlap with road safety zones, the demarcation of safety zones is carried out on the principle of prioritizing sufficient railway safety zones but ensuring that the railway safety zone limit does not encroach upon the road embankment roof or parts of road construction works, specifically:

8.1. In cases where road and railway construction works run closely together sharing a common longitudinal ditch, the limits of the safety zones for each are demarcated as follows:

a) The base of the railway embankment or the junction between the railway embankment and the bottom of the longitudinal ditch at locations where the railway embankment is higher than or equal to the road embankment.

b) The base of the roadbed roof or the junction between the roadbed roof and the bottom of the longitudinal ditch where the roadbed is higher than the railway track.

8.2. In cases where the outer edge of the road or railway construction is adjacent to each other, the safety zone limit for each road shall be the outer edge of that construction.

8.3. In cases where the shared safety zone between two roads is smaller than the total safety zones of both the railway and the road as prescribed, priority shall be given to ensuring the railway's safety zone; if the railway's safety zone limit overlaps with the road construction, then the railway's safety zone limit shall be the outer edge of the road construction.

9. Construction works located outside the road safety zone but affecting the operation or traffic safety on the road must comply with the following provisions:

9.1. Lime kilns, metal casting furnaces, brick kilns, glass furnaces, pottery kilns must be at least 25 meters away from the road base to avoid smoke, dust, and air pollution reducing the visibility of drivers and the safe operation of vehicles participating in traffic.

9.2. Marketplaces and business service points must be outside the road safety zone, in accordance with the planning approved by the competent authority, and all activities must not affect traffic safety.

9.3. Explosive storage facilities, toxic substance storage facilities, flammable substance storage facilities, and mining sites using explosives must be located outside the road safety zone at a safe distance as prescribed by law to ensure traffic safety during operations or in case of accidents.

9.4. Other constructions located outside the road safety zone but affecting traffic operations and traffic safety on the road, which have been identified and required to be rectified by the competent road management authority, the construction owner must promptly rectify them. If the construction owner does not voluntarily comply, the road management authority shall prepare a report recommending the People's Committee at the appropriate level to handle the matter according to the law.

II. USE AND EXPLOITATION WITHIN THE ROAD RIGHT-OF-WAY

1. Road land and road safety zones are exclusively reserved for constructing road works and using/exploiting for road transport safety purposes. It is strictly prohibited to construct other works within the road land and road safety zones except for essential works as stipulated in Clause 2 of this Section.

2. In cases of difficult terrain, topography, or special technical requirements making it impossible to build essential works outside the road land and road safety zones, temporary use of road land and road safety zones for building essential works is allowed, including: security and defense works; underground optical cable, power transmission line, water supply pipeline, fuel and gas pipelines; power transmission tower and communication tower works. The project investor must fully implement the agreement procedures and construction permits as prescribed in this Circular and related laws, and commit to relocating the work when requested by the road sector and not seeking compensation.

3. The use of safety zones where roads overlap with railways must be approved by the competent road and railway management authorities and carried out in accordance with the law.

4. Within the road safety zone, food crops, vegetables, fruit trees, timber trees, and aquaculture can be planted, but they must comply with the provisions of Clause 1, Article 25 of Decree 186/2004/ND-CP. In areas where roads intersect with railways or roads intersect with roads or curves that may obstruct vision, only plants with a height not exceeding 1 meter (one meter) above the shoulder of the road in that area may be planted.

5. It is strictly prohibited to open direct connections from residential houses to national highways.

III. PROCEDURES FOR PERMITTING CONSTRUCTION OF WORKS WITHIN THE ROAD RIGHT-OF-WAY

1. Essential works mentioned in Clause 2 of Section II of this Circular, before being constructed within the road right-of-way, the relevant organizations or individuals must follow the procedures and formalities below:

1.1. For national highways:

a) Must obtain written approval from the competent road management authority from the project conception stage and technical design stage before submitting to the competent authority for approval. The Ministry of Transport will classify the competent road management authority to examine and issue the approval document as follows:

- Vietnam Highway Administration receives and processes projects of Group A and Group B; projects related to expressways, high-grade roads, first-grade roads, and roads managed under special regulations must have the approval of the Ministry of Transport.

- Highway Management Zone receives and processes projects of Group C and new construction works, repair works not requiring project establishment related to national highways within the jurisdiction of the Highway Management Zone.

b) After obtaining the written approval from the competent road management authority, within 12 months for Group A and Group B projects and 6 months for Group C projects and other projects from the date of receipt of the approval document, the project investor must complete all procedures as prescribed in investment construction management to ensure the project is approved and implemented. Before commencing construction, the project investor or contractor must prepare an application for a Construction Permit and submit it to the competent road management authority for issuance of the Construction Permit as prescribed in Point c, Clause 1 of this Section.

c) Issuance of Construction Permits for essential works within the road right-of-way and road safety zones:

Essential works constructed within the road right-of-way and road safety zones can only commence construction upon obtaining a Construction Permit issued by the Highway Management Zone. The permit application file includes:

- An application for construction permit for sections related to traffic safety, road works, and road safety zones, accompanied by a construction plan ensuring traffic safety, construction period; a commitment to relocate the work when requested by the road sector and not seek compensation.

- The approval document for the project establishment and design issued by the competent road management agency.

- The technical design and construction organization design documents that have been approved by the competent authority.

Within fifteen days from the date of receiving all required documents as prescribed, the Road Management Zone shall be responsible for reviewing and directly issuing the construction permit (delegation to lower levels is not allowed). In cases where the conditions for issuing the permit are not met, a written response specifying the reasons must be provided to the entity or individual applying for the construction permit.

The Road Management Zone shall be responsible for retaining the main file, sending the agreement document and construction permit to the Vietnam Highway Administration and the Traffic Inspectorate at the same level for monitoring, supervision, and handling violations according to the law.

1.2. For local roads: Based on the provisions of Clause 2, Article 24 of Decree 186/2004/NĐ-CP and this Circular, the People's Committee of the province shall specify the detailed regulations on the use, operation, and issuance of construction permits in accordance with the law.

2. Connecting roads from industrial zones, economic zones, residential areas, commercial and service areas to national highways:

2.1. To ensure traffic safety and national highway standards, direct connections from industrial zones, economic zones, residential areas, commercial and service areas to the national highway system should be minimized. When implementing the construction of industrial zones, economic zones, residential areas, commercial and service areas according to the socio-economic development plan of the locality, the People's Committee of the province must instruct the Project Investor to build a bypass system outside the safe road corridor and connect the bypass to the existing branch road before connecting to the national highway as stipulated in Clause 2, Article 24 of Decree 186/2004/NĐ-CP.

2.2. In cases where there is no existing branch road in the area or the locality has an urgent need to directly connect the bypass to the national highway, the connection must be based on a comprehensive planning and implemented through the following procedures:

a) Planning agreement stage:

The People's Committee of the province shall establish a comprehensive planning for industrial zones, economic zones, residential areas, commercial and service areas requiring the use of the safe road corridor to open a connection road from the industrial zone, economic zone, residential area, commercial and service area bypass to the national highway. A written agreement on the use of the safe road corridor and the connection points with the Ministry of Transport must be reached before approving the planning.

b) Approval stage for technical design of connection, intersection organization, and traffic safety conditions for construction works connecting to the national highway:

Based on the agreement document of the Ministry of Transport, the People's Committee of the province shall approve the planning within its authority and assign the provincial functional agencies and the project investor to implement the technical design of each specific connection point, the bypass system according to the agreed planning, develop the intersection organization plan, and traffic safety conditions at the connection area, and submit the files to the following road management agencies for review and approval:

- The Vietnam Highway Administration shall approve the technical design of the connection (the section within the safe road corridor),the intersection organization plan, traffic safety conditions, and retain the main files of the connection points related to National Highways Class I, II, III, and expressways.

- The Road Management Zone shall approve the technical design of the connection, (the section within the safe road corridor),the intersection organization plan, traffic safety conditions, and retain the main files for connections related to National Highways Class IV and below.

c) Stage of issuing a construction permit to ensure traffic safety:

Construction works connecting to the national highway can only commence after obtaining a construction permit issued by the Road Management Zone to ensure traffic safety on the national highway during the construction period. The application for the construction permit, prepared by the project investor or the contractor and submitted to the Road Management Zone, includes:

- An application for a construction permit accompanied by a traffic safety construction plan; the construction time of the contractor; a commitment to dismantle the work or change the connection design when requested by the road sector without compensation;

- The agreement document of the Ministry of Transport and the approval document for the technical design of the connection road, intersection organization, and traffic safety conditions issued by the competent road management agency;

- The technical design and construction organization design that have been approved by the competent authority.

Within ten working days from the date of receiving all required documents as prescribed, the Road Management Zone shall be responsible for reviewing and directly issuing the construction permit (delegation to lower levels is not allowed).If the conditions for issuing the permit are not met, a written response specifying the reasons must be provided.

The Road Management Zone shall be responsible for retaining the original application for the construction permit and sending the construction permit to the Vietnam Highway Administration and the Traffic Inspectorate at the same level for monitoring, supervision, and handling violations according to the law.

2.3. For projects playing a significant role in social stability such as resettlement, environmental improvement, power plants, waterworks, etc., or single construction projects located in areas where industrial zones, economic zones, residential areas, commercial and service areas have not yet been formed in mountainous regions, Central Highlands, on national highways with low transport volume, while waiting for the People's Committee of the province to plan the construction of bypasses or local roads, the Department of Transportation, the Department of Transportation and Public Works shall advise the People's Committee of the province to compile a list of urgent projects that need to be connected to the national highway (with a traffic safety assessment document from the Department of Transportation, the Department of Transportation and Public Works regarding the traffic safety conditions at the connection area) to be sent to the competent road management agency according to the classification at Point 2.2, Clause 2, Section III of this Circular (excluding the planning agreement stage). to examine the actual conditions and allow temporary connection to national highways for production and construction purposes with a term of one year and an extension not exceeding two years; after this period, local authorities must be responsible for closing these temporary connections and implementing the planning of the Provincial People's Committee or the agreed connection planning with the Ministry of Transport. For first-class roads, roads managed under special regulations, or newly invested and upgraded national highways, approval from the Ministry of Transport is required.

- Cases involving changes, amendments, or supplements to agreed-upon planning or new emerging needs must be approved by the Ministry of Transport.

2.4. Connection roads built to connect to national highways must be constructed outside the road safety zone; in exceptional cases due to difficult terrain or lack of land, the Provincial People's Committee may request the Ministry of Transport to permit part of the connection road to be within the road safety zone. The connection road should be built in anticipation of use for a project or to link with adjacent projects connected to the national highway at one or multiple points but the distance between two connection points must not be less than 1,500 meters.

3. Connecting local public transportation roads to national highways:

3.1. Provincial roads, special type urban roads, or first-class urban roads (hereinafter referred to as provincial roads) newly constructed to connect to national highways must be within the development plan for the provincial road system that has been approved in writing by the Ministry of Transport as stipulated in Point b Clause 1 Article 8 of Decree 186/2004/NĐ-CP.

3.2. Other types of roads when newly constructed to connect to national highways must have a technical grade one level lower than the planned technical grade of the national highway, the Provincial People's Committee must establish plans for connection points and agree with the Ministry of Transport before approving the planning.

3.3. The authority approving design and issuing permits for connecting local public transportation roads to national highways or upgrading the scale of existing connections shall implement according to the provisions of Point 2.2 Clause 2 Section III of this Circular. (excluding the planning agreement stage)..

3.4. Local roads that were spontaneously connected to national highways before Decree 186/2004/NĐ-CP took effect and have not affected traffic safety can temporarily continue to exist; the Department of Transportation, the Department of Public Works will coordinate with local authorities to review and submit to the Provincial People's Committee plans for handling, incorporating into planning, building bypass roads, or removing non-compliant crossroads that do not meet traffic safety conditions.

4. Connecting fuel service station access roads to national highways:

4.1. New fuel service stations built along national highways must comply with the following requirements:

a) They must be within the development plan for fuel service stations approved by the competent authority and agreed upon with the Ministry of Transport regarding the planning position, distance between fuel service stations, and the scale of fuel service stations to ensure traffic safety.

b) Fuel service stations must be built outside the road safety zone, in the planned location, and must meet the design scale of fuel service stations as prescribed by the Ministry of Commerce. Specifically, fuel service stations built alongside expressways, high-grade roads, roads operated under special regulations, or first-class roads must have a design scale of type 1 or type 2 as stipulated in Circular 14/1999/TT-BTM dated July 7, 1999, of the Ministry of Commerce to be allowed to connect to national highways.

c) Approval in writing by the competent road management authority for the design of the access road within the safety zone, the design of the connection point to the national highway to ensure technical standards, drainage, and traffic safety signs as prescribed by the current Traffic Sign Regulations of Vietnam.

d) Only after obtaining a construction permit can earthwork and construction works within the road safety zone be carried out.

đ) The authority approving the design and issuing permits for constructing the access road of fuel service stations to connect to national highways shall implement according to the provisions of Point 2.2 Clause 2 Section III of this Circular. (excluding the planning agreement stage)..

4.2. For fuel service stations built spontaneously, illegally connected to national highways, or located within the road safety zone, with scales that do not meet the requirements and currently exist along national highways, the provincial fuel management agency is responsible for planning and submitting to the Provincial People's Committee for consideration and handling in accordance with the law.

4.3. In cases of supplementing, changing the planning positions of fuel service stations or emerging new needs, agreement with the Ministry of Transport is required.

5. Departments of Transportation and Public Works currently managing national highways entrusted by the Ministry of Transport have the authority to issue construction permits on the national highways they manage, as stipulated in this Circular for the authority of Road Management Zones.

6. For connecting roads, the connection positions on local road systems managed by the Provincial People's Committee shall be specifically regulated according to Decree 186/2004/NĐ-CP and this Circular concerning usage, operation, issuance of construction permits to align with the law and local road management work.

IV. RESOLUTION OF ISSUES REGARDING THE USE OF ROAD SAFETY ZONES BEFORE THE EFFECTIVENESS OF DECREE 186/2004/NĐ-CP

1. Residential buildings, production facilities, business establishments, and services using road safety zones (hereinafter referred to as land use) but not affecting traffic safety or road safety structures, may temporarily continue to exist but must maintain their original condition without expansion or enlargement, and the land users must commit to the District People's Committee and the direct road management unit.

In cases where land use in the road safety zone affects traffic safety or road safety structures, the competent road management authority shall determine the extent of impact and propose the competent People's Committee to reclaim the land and resolve compensation and support for land and property attached to the land that existed prior to the announcement of the road safety zone.

2. The basis for compensation and clearance when forcibly relocating works existing within the safety zone according to the Road Traffic Law, Land Law, Decree 186/2004/NĐ-CP, and Decree No. 181/2004/NĐ-CP of the Government must be based on the construction time of the works located within the road safety zone. The Road Management Zones, Departments of Transport, Departments of Transport and Public Works shall direct subordinate road management units to coordinate with the People's Communes' Committees to establish straightening plans based on investigation and archival materials to show the location, construction time, and scale of works within the traffic safety zone land as stipulated by Decree No. 186/2004/NĐ-CP according to the following time periods:

2.1. Works constructed before December 21, 1982, which was a period without specific regulations regarding road safety zones;

2.2. Works constructed from December 21, 1982, to December 31, 1999, which was a period prohibiting construction and expansion within the road protection zone according to Decree No. 203/HĐBT of the Council of Ministers (now the Government);

2.3. Works constructed from January 1, 2000, to November 30, 2004, which was a period prohibiting construction and expansion within the road protection zone according to Decree No. 172/1999/NĐ-CP dated December 7, 1999, of the Government detailing the implementation of the Ordinance on Protection of Transportation Works for Road Transportation Works;

2.4. Works constructed after November 30, 2004, which is a period prohibiting construction and expansion within the road safety zone according to Decree No. 186/2004/NĐ-CP on the management and protection of road transportation infrastructure.

V. IMPLEMENTATION

1. The direct road management unit (for operational roads) or the project sponsor (for roads under construction projects) shall take the lead and coordinate with the People's Committees at the district and commune levels to develop boundary marker placement plans to define the road safety zone, submit them for approval by the provincial People's Committee; simultaneously take the lead and coordinate with the People's Committees at the district and commune levels to publicly announce and organize the placement of boundary markers on the ground and hand over management and protection of the road safety zone area to the commune People's Committee.

2. The road management unit has the responsibility to regularly inspect, identify, stop, and file records of cases involving organizations and individuals violating encroachment and illegal use of the road safety zone according to Section IV of this Circular. Timely report and request the People's Committee of the commune where the road safety zone is violated and notify the traffic inspection force at the same level to handle according to their authority; cooperate with local government forces to clear encroaching works and illegal use of the road safety zone managed directly by their own unit, while periodically reporting to the higher-level road management agency about the management of the road safety zone.

3. The Road Management Zones, Departments of Transport, Departments of Transport and Public Works have the responsibility to develop plans and measures to address newly emerging violations of the road safety zone according to reports from the direct road management units that have not been resolved thoroughly, and simultaneously report results and difficulties to the Vietnam Highway Administration (for national highways) or to the Provincial People's Committee (for local roads) to continue implementing solutions.

4. The Vietnam Highway Administration, based on the provisions of this Circular, has the responsibility to direct and guide the protection of road transportation infrastructure within the entire country, summarize and report annually on the protection of road transportation infrastructure; specify the mandatory contents required in Construction Permits to apply uniformly nationwide.

5. The People's Committees at all levels have the responsibility to manage land use within and outside the road safety zone according to the law, paying attention to land allocation, lease, issuance of planning certificates, building permits along roads to ensure compatibility with road transportation development plans and not affect the safety of transportation works and transportation activities; prevent and stop the situation of residents constructing houses along National Highways and opening roads directly connecting to National Highways from their houses; direct and closely coordinate with road management units and related forces to implement measures to protect road transportation infrastructure including protecting boundary markers. For cases of encroachment and illegal use of the road safety zone, they must resolutely clear them and not compensate organizations and individuals who violate the law.

6. Agencies, organizations, and individuals have the responsibility to protect road transportation infrastructure, promptly report to the nearest road management agency any acts violating laws on the protection of road transportation infrastructure.

7. Traffic inspectors and local law enforcement agencies within their duties and powers have the responsibility to handle acts violating laws on the protection of road transportation infrastructure according to their authority and cooperate with road management units in protecting road transportation infrastructure.

This Circular replaces Circular No. 213/2000/TT-BGTVT dated May 31, 2000, of the Minister of Transport guiding the implementation of certain provisions of Decree No. 172/1999/NĐ-CP dated December 7, 1999, of the Government detailing the implementation of the Ordinance on Protection of Transportation Works for Road Transportation Works; Decision No. 2525/2003/QĐ-BGTVT dated August 28, 2003, of the Minister of Transport on the issuance of "Construction Regulations for Works on Operational Roads," and becomes effective 15 days after its publication in the Official Gazette.

During implementation, agencies, organizations, and individuals should promptly reflect any arising difficulties to the Ministry of Transport for consideration and resolution./.