Decree No. 172/1999/ND-CP detailing the implementation of the Ordinance on Protecting Transport Works for Road Transport Works

DECREE

Details implementing the Ordinance

 on Protecting Road Transport Infrastructure for Road Transport Infrastructure

______________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Traffic Construction Protection Ordinance dated December 2, 1994;

Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the scope of protection for road transport infrastructure, the responsibilities of organizations and individuals in protecting road transport infrastructure, and administrative penalties for violations concerning the protection of road transport infrastructure.

Article 2. The provisions of this Decree apply to national highways, provincial roads, district roads, commune roads, urban roads, dedicated roads, including those constructed and self-financed by domestic organizations and individuals, foreign organizations and individuals on the territory of Vietnam for public transportation purposes.

Article 3. Road transport infrastructure subject to protection includes:

1. Road base, road surface, sidewalks, drainage systems;

2. Various types of bridges, culverts, retaining walls, barriers, tunnels, underground structures, overflow roads, rescue roads;

3. Ferry terminals, floating bridge terminals, reserve terminals, facilities and equipment at both ends of the terminals, places for hiding river-crossing means and auxiliary equipment;

4. Obstruction prevention structures, water flow regulation structures;

5. Traffic guidance islands, median strips, signpost systems, guardrails, protective walls, boundary markers, survey markers, kilometer posts, street lighting, traffic signal lights, and other safety-related structures;

6. Bus stations, parking lots (including auxiliary structures), roadside waiting shelters;

7. Vehicle weighing stations, vehicle counting devices on roads, toll stations for bridges and roads, traffic control stations, traffic diversion checkpoints.

Article 4. The protected zone for road transport infrastructure includes the portion above ground, airspace, below ground, and adjacent water bodies that serve to prevent and mitigate impacts affecting the durability of the infrastructure, ensuring safety for land-based transportation activities, maintaining aesthetics, and environmental hygiene.

Chapter II

LIMITS OF THE PROTECTED ZONE FOR ROAD INFRASTRUCTURE

Article 5. The limits of the protected zone for roads are defined as follows:

1. For roads outside urban areas, based on the technical grade of the road according to planning, measured from the edge of the road embankment or the top of the cut road or from the outer edge of the longitudinal ditch or crown of the road extending outward on both sides:

20 meters (twenty meters) for expressways and first and second-grade roads;

15 meters (fifteen meters) for third-grade roads;

10 meters (ten meters) for fourth and fifth-grade roads;

- For village-to-village and commune-to-commune roads, the limits are determined by the provincial People's Committee but each side must not be less than the width of one lane of the road.

2. For roads within urban areas of cities, towns, and townships, the limits of the protected zone are defined by the width of the sidewalk or construction boundary according to approved planning.

3. For roads parallel to rivers, canals, streams, and water areas with waterway transport, where the protected zones overlap, the limits of the protected zone for roads are measured from the high bank edge towards the road.

4. For roads parallel and adjacent to railways where the protected zones overlap, the boundaries of the protected zone are defined by the Minister of Transport.

Article 6. The limits of the protected zone for bridges and culverts are defined as follows:

1. For bridges outside urban areas:

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

50 meters (fifty meters) for bridges longer than 60 meters;

30 meters (thirty meters) for bridges shorter than 60 meters.

In cases where the bridge has a steep incline exceeding the above regulations, the limits of the protected zone extend from the end of the abutment to the bottom of the slope.

b) Along the width of the bridge, from the area adjacent to the bridge structure, measured from the outermost point of the bridge structure on each side is:

150 meters (one hundred fifty meters) for bridges longer than 300 meters;

100 meters (one hundred meters) for bridges between 60 meters and 300 meters;

50 meters (fifty meters) for bridges between 20 meters and under 60 meters;

20 meters (twenty meters) for bridges shorter than 20 meters.

2. For bridges within urban areas:

a) Along the length of the bridge, as specified in point a, Clause 1 of this Article.

b) Along the width of the bridge:

From the outer edge of the guardrail of the bridge on each side is 7 meters (seven meters) for bridges running over land, including large bridges that run over areas only flooded during floods.

As specified in point b, Clause 1 of this Article, with the limit along the length of the bridge being the distance between the high banks of the river for bridges running over areas with permanent water.

3. For culverts, the limits of the protected zone along the length of the culvert on both sides are equal to the width of the protected zone for the road.

Article 7. The limits of the protected zone for ferry terminals and floating bridges are defined as follows:

1. Along the length of the ferry terminal and floating bridge, equal to the length of the approach road to the terminal.

2. Along the width of the ferry terminal and floating bridge: from the centerline of the terminal on each side is 150 meters (one hundred fifty meters).

Article 8. The limits of the protected zone for retaining walls, barriers, and water flow regulation structures are defined as follows:

1. For retaining walls protecting the road base against erosion:

a) From the start and end of the wall, extending upstream and downstream on each side by 50 meters (fifty meters);

b) From the foot of the wall extending into the river by 20 meters (twenty meters).

2. For retaining walls regulating water flow:

a) From the foot of the wall extending upstream and downstream on each side by 100 meters (one hundred meters);

b) From the root of the wall extending inland by 50 meters (fifty meters);

c) From the foot of the headwall extending into the river by 20 meters (twenty meters).

Article 9. The scope of protection for bus stations, parking lots, waiting shelters, vehicle weighing stations, traffic control stations, and toll stations for bridges and roads is the area of land and water designated by competent state authorities in the usage permit.

Article 10.

1. The limits of the protected zone for road tunnels are the land, rock, and airspace extending from the outermost part of the tunnel components outward by 100 meters (one hundred meters).

2. The limits of the protected zone for road tunnels in urban areas are specifically defined in each project approved by competent state authorities.

Article 11. The limits of the protected zone above airspace are defined as follows:

1. For roads, 4.5 meters (four meters fifty) above the centerline of the road vertically.

2. For bridges, the height of the highest component of the bridge, but not less than 4.8 meters (four meters eighty) above the bridge deck vertically.

3. The height of power lines on road traffic works or directly attached to the structure of bridges must ensure safety for road transport activities and power grid safety according to the voltage of the power lines.

Article 12. The lower ground protection zone limit of road traffic works shall be specifically prescribed by competent state agencies in accordance with the technical requirements of each work.

Article 13. For road traffic works in urban areas, the protection zone limits of the works must comply with the provisions of this Decree and Government Decree No. 91/CP dated August 17, 1994.

Article 14. In cases where the protection zone limits of road traffic works must be prescribed differently from the provisions of this Decree to suit the actual situation of renovation, expansion, upgrading, or new construction, the Minister of Transport shall report to the Prime Minister before making a decision.

Chapter III

RESPONSIBILITY FOR PROTECTING ROAD TRAFFIC WORKS

Article 15.

1. Domestic organizations and individuals, foreign organizations and individuals when operating on national highways, provincial roads, district roads, commune roads, urban roads, and specialized roads must have the responsibility to protect road traffic works.

2. Domestic organizations and individuals; foreign organizations and individuals permitted to invest in building, exploiting road traffic works must bear the responsibility to organize protection during the investment, construction, and exploitation period in accordance with the law.

Article 16. The road management agency shall take the lead in coordinating with the land administration agency and the People's Committee of the district, town, township, city under province (hereinafter referred to as the district-level People's Committee), the People's Committee of the commune, ward, town (hereinafter referred to as the commune-level People's Committee) where the road passes through to carry out surveying, marking boundary markers of the protection zone of road traffic works, serving as a basis for managing and using the road protection zone land.

The district-level People's Committee shall direct the commune-level People's Committee to take the lead in coordinating with grassroots road management units to organize the protection of the protection zone of road traffic works.

Article 17. The Vietnam Road Administration under the Ministry of Transport, the Department of Transport, the Department of Transport and Public Works (hereinafter collectively referred to as the Department of Transport) shall be responsible for guiding and directing subordinate road management units to perform the following tasks:

1. Adequately arranging traffic signals, warning signs, and auxiliary safety works for road traffic;

2. Managing, maintaining, repairing, ensuring the safe technical condition of road traffic works; regularly inspecting to promptly detect damage to works, loss of traffic equipment, violations of laws on protecting road traffic works and road transport safety;

3. Promptly addressing or rectifying damage to road traffic works or loss of equipment;

4. Addressing or reporting to competent state agencies to handle violations of laws on protecting road traffic works; immediately suspending activities that harm the safety of road traffic works or road transport safety.

Article 18. Police forces, military control forces, and local law enforcement agencies within their functions and duties shall be responsible for protecting road traffic works and coordinating with traffic inspection forces and road management units in protecting road traffic works.

Article 19.

1. All organizations and individuals upon discovering incidents or violations concerning road traffic works must immediately report to the road management unit, public security agency, or the nearest local People's Committee.

2. Upon receiving reports, the road management unit, public security agency, or local People's Committee must send responsible personnel to the incident site or the violated work immediately to take timely measures and report to higher-level management agencies while informing the road management unit.

Article 20. In special cases, the construction of works utilizing and exploiting airspace, land, and water within the protection zone of road traffic works must obtain written approval from the road management agency from the project planning stage. Specifically, as follows:

1. The Ministry of Transport for works under Group A projects;

2. The Vietnam Road Administration for works under Group B, C projects related to national highways and new construction, repair works but not reaching the level of national highway-related projects within its management scope;

3. The Department of Transport for works related to local roads and new construction, repair works but not reaching the level of national highway-related projects within its management scope;

4. Construction of works mentioned in Clauses 1, 2, and 3 of this Article can only proceed with a construction permit from the Vietnam Road Administration or the Department of Transport.

Article 21. Construction works utilizing and exploiting airspace, land, and water outside the protection zone of road traffic works but affecting the safety of road traffic works or road transport safety must obtain written comments from the following road management agencies from the project planning stage:

1. The Ministry of Transport for works under Group A projects;

2. The Vietnam Road Administration for works under Group B, C projects affecting national highways;

3. The Department of Transport for works under Group B, C projects affecting local roads.

Article 22. Some works are allowed to use the road protection zone or outside the protection zone, but affecting road traffic safety must comply with the following provisions:

1. Electric poles, telegraph poles, telephone poles outside the inner city, town area, or densely populated areas must be at least as far from the edge of the road surface as the height of the pole;

2. Lime kilns, metal casting furnaces, brick kilns, glass furnaces, pottery kilns must be at least 25 meters (twenty-five meters) away from the base of the road surface;

3. Explosive storage warehouses, toxic substance storage warehouses, flammable substance storage warehouses, and mining sites using explosives outside the road protection zone must also maintain a safe distance in accordance with current laws.

4. The location of the market must be at least 100 meters (one hundred meters) away from the edge of the road and must comply with the planning scheme;

5. Gas stations may only temporarily use the road protection zone as a driveway and waiting area; no other structures may be built;

6. The use of the road protection zone related to adjacent security and defense works must be coordinated with the Ministry of Public Security and the Ministry of National Defense;

Article 23. The use of works within the road protection zone must comply with the agreed documents and construction permits issued by the competent traffic road management authority;

Prior to and after completion of construction, the direct managing unit of the road traffic works must be notified for inspection;

Article 24.

1. In the road protection zone along both sides of non-urban roads, it is permitted to plant flowers, food crops, fruit trees, timber trees, but must comply with the following provisions:

a) For embankment roads, planting must be at least 1 meter (one meter) away from the edge of the road base for flowers and food crops, and at least 2 meters (two meters) away for fruit trees and timber trees;

b) For cut roads, planting must be at least 6 meters (six meters) away from the edge of the road crown or the outer edge of the crown ditch;

c) Only timber trees with deep anchoring roots may be planted. Branches must not extend beyond the specified clearance of the road;

2. In the road protection zone along both sides of the road, planting is prohibited at intersections, railway crossings, and locations that affect the visibility of vehicle drivers;

Article 25. Cultural and historical conservation sites, including primary forests within the road protection zone, shall remain intact and be protected according to current laws;

Article 26.

1. In addition to the prohibited acts stipulated in Article 20 of the Traffic Works Protection Ordinance, for road traffic works, the following acts are also strictly prohibited:

a) Allowing livestock to roam freely on the road surface, road crown, and tying them to roadside trees, guardrails, signs, or other traffic safety auxiliary facilities;

b) Digging ditches under bridges, using the road body as a ditch or pond; destroying or burning forests adjacent to the road;

c) Illegally extracting sand, gravel, pebbles, or other actions affecting the safety of road traffic works;

d) Unauthorized construction, excavation, shooting, blasting, setting fires, mooring vessels, or any action affecting the safety of bridges;

2. It is strictly prohibited to obstruct traffic without a permit from the competent road management authority;

In cases where security, political, social order, or national defense requirements necessitate it, the public security authority with jurisdiction may temporarily suspend or restrict traffic to perform duties, but must immediately notify the competent road management authority to coordinate work and avoid traffic congestion;

Article 27.

1. The construction of water conservancy works related to road works must be approved in writing by the competent road management authority as stipulated in Articles 20 and 21 of this Decree. The construction of road works related to water conservancy works must have the written approval of the water conservancy works management authority;

2. In emergency situations, flood control, drought prevention, and waterlogging relief authorities may use road traffic works, but must not affect their durability. After completing their tasks, they must restore the original state of the road traffic works;

3. If both the road works management authority and the water conservancy works management authority have plans to construct new or upgrade existing works, the construction and upgrading of these works must be coordinated;

4. If the construction of new works affects the durability of existing works or impedes their function, the management authority of the new works must take technical measures agreed upon by the management authority of the affected existing works and bear the costs for repair and restoration. If the existing works are simultaneously upgraded or expanded, the management authority of the existing works must invest in the additional portion;

5. The management and use of sections of levees that serve as both transportation routes and levees must comply with laws on dike protection and road traffic works protection, prioritizing the safety of the dike;

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES FOR THE PROTECTION OF ROAD TRAFFIC WORKS

Article 28. The Ministry of Transport is responsible for:

1. Submitting to the Government for issuance or issuing within its authority normative legal documents on the protection of road traffic works; guiding and inspecting the implementation of such documents;

2. Directing and organizing training and capacity building for managers and protectors of road traffic works nationwide;

3. Organizing the management and protection system for centrally-managed road traffic works; guiding provincial people's committees in organizing the management and protection system for local road traffic works;

4. Organizing, directing, and supervising the activities of the Road Traffic Inspection Force nationwide;

5. Cooperating with provincial people's committees and relevant sectors in promoting, disseminating, and educating the law on the protection of road traffic works;

6. Cooperating with the Ministry of Finance to balance funds for implementing plans to clear the protection zones of centrally-managed road traffic works;

7. Developing plans and supervising the implementation of preventive, protective, and remedial measures for damage to road traffic works caused by natural disasters and enemy actions;

8. Resolving disputes, complaints, and accusations related to the protection of road traffic works in accordance with the law;

Article 29. The Vietnam Highway Administration under the Ministry of Transport is responsible for:

1. Drafting normative legal documents on the protection of road traffic works for submission to the Ministry of Transport for issuance by the Government or issuance within its authority;

2. Organizing training and capacity building for managers and protectors of road traffic works under the Administration;

3. Direct, inspect the activities of the traffic inspection force for road transport under the direct management of the Bureau;

4. Direct, inspect the operations of vehicle counting and classification stations; over-dimensional and overloaded vehicle inspection stations;

5. Guide, direct, and inspect the issuance and revocation of construction permits, suspension of activities within the scope of protection of road transport infrastructure that cause traffic safety and road infrastructure safety issues;

6. Recommend to competent state agencies regarding the issuance and revocation of operating permits outside the scope of protection of road infrastructure but affecting the quality and safety of road transport infrastructure;

7. Direct and organize the implementation of work to prevent, combat, and repair damage to road transport infrastructure caused by natural disasters and enemy actions on national highways;

8. Coordinate with local authorities and relevant sectors to organize propaganda, dissemination, and education on laws related to the protection of road transport infrastructure;

9. Develop plans to clear the scope of the protective zone for road transport infrastructure for the national highway system;

10. Resolve disputes, complaints, and denunciations related to the protection of road transport infrastructure within the responsibility of the Bureau as stipulated by law;

Article 30. The provincial People's Committee shall be responsible for:

1. Issue guiding documents to implement regulations on the protection of road transport infrastructure in accordance with state normative legal documents, Ministry of Transport regulations, and specific conditions of the locality;

2. Organize management structures to protect local road systems;

3. Direct and inspect provincial Department of Transport in the following areas:

a) Activities of the provincial traffic inspection force according to the guidelines of the Ministry of Transport;

b) Issuance and revocation of Construction Permits, suspension of activities within the scope of protection of road transport infrastructure causing traffic safety and road infrastructure safety issues in the locality. Requirements and recommendations regarding the issuance and revocation of Operating Permits outside the scope of protection but affecting the quality and safety of road transport infrastructure in the locality;

4. Direct, guide, and inspect the People's Committees at district and commune levels in the following areas:

a) Protection of road transport infrastructure in the province;

b) Management and use of land within and outside the scope of protection of road transport infrastructure in compliance with land law provisions, construction management regulations along roads, and laws on the protection of infrastructure and road transport safety;

c) Take the lead and coordinate with road management units in clearing the scope of protection of road transport infrastructure that has been violated;

5. Mobilize all forces, materials, and equipment to restore traffic promptly when affected by natural disasters or enemy actions;

6. Organize and direct the dissemination, promotion, and education on laws related to the protection of road transport infrastructure within the locality;

7. Balance the annual budget to implement the clearance of the protective zone for local roads;

8. Resolve disputes, complaints, and denunciations related to the protection of road transport infrastructure within the locality in accordance with the law;

Article 31. The People's Committee at the district level shall be responsible for:

1. Guide and inspect the People's Committee at the commune level in implementing legal regulations on the protection of road transport infrastructure;

2. Organize propaganda, dissemination, and education on laws related to the protection of road transport infrastructure;

3. Organize and direct the People's Committee at the commune level to implement measures to protect road transport infrastructure in the district;

4. Implement the clearance of the scope of protection of road transport infrastructure in the district;

5. Organize the management of land use within and outside the scope of protection of road transport infrastructure in compliance with land law provisions, construction management regulations along roads, and laws on the protection of infrastructure and road transport safety within the district;

6. Issue and revoke construction permits for road transport infrastructure under its jurisdictional management;

7. Mobilize all forces, materials, and equipment to restore traffic promptly when affected by natural disasters or enemy actions;

8. Resolve disputes, complaints, and denunciations related to the protection of road transport infrastructure within the district in accordance with the law;

Article 32. The Ministry of Public Security is responsible for:

1. Coordinate with the Ministry of Transport and the provincial People's Committee to perform state management functions regarding the protection of road transport infrastructure;

2. Coordinate with the Ministry of Transport and the Ministry of National Defense to develop plans to protect important road transport infrastructure, submit them to the Prime Minister for approval, and implement them;

3. Direct and guide the police force to inspect and handle violations of laws related to the protection of road transport infrastructure;

Article 33. The Ministry of Construction shall be responsible for directing and guiding the planning and construction of cities, residential areas, and other facilities along both sides of roads;

Article 34. The Ministry of Agriculture and Rural Development shall be responsible for directing and guiding the planning and construction of irrigation systems related to road transport infrastructure; directing and guiding the planting of trees within the protective zone of roads;

Article 35. The Ministry of Finance shall have the responsibility:

1. Ensure funding for the management, maintenance, repair, and protection of road transport infrastructure funded by state budget or derived from the state budget based on the annual budget plan approved by the Government;

Owners of road transport infrastructure constructed using other sources of funds must ensure their own funding for the management, maintenance, repair, and protection of such infrastructure;

2. Inspect the use of state budget funds allocated for the management, maintenance, repair, and protection of road transport infrastructure to ensure they are used for their intended purposes;

3. Take the lead in coordinating with the Ministry of Transport to balance the budget for implementing plans to clear the protective zone of road transport infrastructure;

Article 36. The General Department of Land Administration shall be responsible for leading and coordinating with the provincial People's Committee and the Ministry of Transport to guide the surveying, measurement, and classification of land within the scope of the protective zone of roads for management and use in accordance with the law.

Article 37. The ministries, ministerial-level agencies, agencies under the Government, provincial people's committees when drafting new construction plans or renovating projects that affect the safety of road traffic works must obtain the written consent of the Ministry of Transport.

Chapter V

REWARD AND VIOLATION HANDLING

Article 38. Organizations and individuals who achieve any of the following achievements shall be rewarded according to the general system of the State:

1. Excellently completing the task of managing and protecting road traffic works;

2. Contributing labor and property to protect road traffic works;

3. Discovering and reporting acts of infringement or destruction of road traffic works.

Article 39. Organizations and individuals violating regulations on protecting road traffic works shall be subject to disciplinary action or administrative penalties depending on the nature, degree of violation, and consequences caused, as stipulated in Decree No. 49/CP dated July 26, 1995, amended by Decree No. 78/1998/NĐ-CP dated September 26, 1998 of the Government, and Article 40 of this Decree.

In cases where violations cause serious consequences, they shall be prosecuted for criminal responsibility in accordance with the provisions of the law.

Article 40.

1. Warning or a fine of 20,000 VND for any of the following acts:

a) Grazing animals on the road roof, tying animals to trees on both sides of the road or guardrails, signs, and other auxiliary traffic safety works;

b) Climbing over piers, columns, and bridge beams without permission.

2. A fine of 50,000 VND for the act of occupying roads to sell goods, obstructing the exploitation and use of road traffic works.

3. A fine of 300,000 VND for drivers of motor vehicles who do not comply with traffic signals or instructions from traffic guidance staff or traffic inspectors when passing through roads, bridges, ferries, or dangerous sections.

4. A fine of 1,000,000 VND for the act of lighting fires or anchoring ships within the protected zone or other acts affecting the safety of bridges.

5. A fine of 2,000,000 VND for any of the following acts:

a) Occupying the protection area of road traffic works to build houses, stalls, or other structures;

b) Delaying the relocation of structures, houses, or stalls or intentionally delaying the relocation process, causing obstacles to the construction, renovation, expansion, and protection of road traffic works upon the decision of competent authorities;

c) Unilaterally blocking roads or hindering traffic;

d) Using roads for selling construction materials or washing vehicles.

6. A fine of 3,000,000 VND for the act of digging ditches under bridge arches, using road bodies as ditches or ponds.

7. A fine of 5,000,000 VND for the act of constructing, excavating, blasting, extracting sand, gravel, or other acts affecting the safety of road traffic works.

In addition to fines, individuals and organizations violating the provisions of this Article must dismantle structures, houses, or stalls that have been occupied, relocate structures, houses, or stalls immediately within the time limit set by competent authorities; restore the original condition altered due to violations; compensate for losses caused by such violations.

Article 41. People's committees at all levels, public security forces, and road traffic inspectors have the authority to impose administrative penalties as stipulated in Decree No. 49/CP dated July 26, 1995, amended by Decree No. 78/1998/NĐ-CP dated September 26, 1998 of the Government, and Article 40 of this Decree.

Article 42. The handling of works located within the protected zones of road traffic works existing before the issuance of this Decree is regulated as follows:

1. Immediately remove works that pose a threat to the stability of road traffic works, such as causing subsidence, collapse, erosion, cracking, or damage, or endangering road transport activities;

2. Gradually remove works that are assessed as not directly affecting the stability of road traffic works and the safety of road transport activities, provided that the owners of these works commit to maintaining their current state, not expanding or developing further, and dismantling them upon request of competent state management authorities.

Chapter VI

IMPLEMENTING PROVISIONS

Article 43. This Decree takes effect from January 1, 2000.

Abolish previous regulations contrary to this Decree, except where the Prime Minister permits a narrower protective zone for certain upgrading and renovation road projects.

Article 44. The Minister of Transport is responsible for guiding the implementation of this Decree.

Article 45. Ministers of ministries, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial people's committees directly under the central government are responsible for enforcing this Decree.