Circular No. 16/2009/TT-BXD Amending and Supplementing Circular No. 04/2008/TT-BXD on Urban Road Management issued by the Ministry of Construction on February 20, 2008

CIRCULAR

Amending and supplementing Circular No. 04/2008/TT-BXD dated February 20, 2008 of the Ministry of Construction on guiding the management of urban roads

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Pursuant to the Construction Law dated November 26, 2003;

||| Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Ministry of Construction amends and supplements Circular No. 04/2008/TT-BXD dated February 20, 2008 of the Ministry of Construction on guiding the management of urban roads as follows:

Article 1. Amend Point 1, Section II, Part I as follows:

"1. Urban road (or street): is a road located within the inner city or town limits, bounded by the red line according to the planning approved by the competent authority."

Article 2. Amend Point 8, Section II, Part I as follows:

"8. The safety buffer zone of an urban road is the width measured from the construction boundary to the red line according to the planning approved by the competent authority."

Article 3. Supplement Point 4, Section III, Part I as follows:

"4. Roads outside the inner city or town limits but within the boundaries of an urban area, new urban area, or new town shall be managed uniformly as urban roads."

Article 4. Supplement Point 10, Section IV, Part I as follows:

"10. Violations of prohibitive provisions concerning construction activities, management, exploitation, and use of urban roads shall be handled according to the provisions set forth in Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties for violations in construction activities; real estate business; exploitation, production, and business of construction materials; management of technical infrastructure works; management of housing development and public offices."

Article 5. Amend Section I, Part III as follows:

"I. PROVINCIAL DEPARTMENTS OF CONSTRUCTION Provincial Departments of Construction are agencies assisting the People's Committees at provincial level in performing state management over urban transportation infrastructure within their jurisdiction: ..."

Article 6. Implementation Provisions

1. This Circular takes effect from August 14, 2009.

2. In the course of implementation, if there are difficulties or obstacles, please send comments to the Ministry of Construction for study and resolution.