Decision No. 1944/2003/QĐ-BGTVT promulgates the Regulations on management, use, operation, and traffic safety assurance for the Ho Chi Minh Road - Phase 1.

Pursuant to …;

Issuing the Regulations on Management, Use, and Safe Operation of the Ho Chi Minh Highway - Phase 1

Highway Ho Chi Minh - phase 1

____________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, and organizational structure of the Ministry of Transport, for effective management and operation, ensuring traffic safety and the safety of the Ho Chi Minh Highway - Phase 1;

At the proposal of the Director of the Vietnam Highway Administration and the Head of the Legal Department.

Pursuant to …;

Article 1: The attached Decision promulgates the "Regulations on Management, Use, and Safe Operation of the Ho Chi Minh Highway - Phase 1".

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3: The following officials: the Director of the Ministry's Office, the Director of the Vietnam Highway Administration, the Director of the Quality Control and Supervision Bureau, the General Director of the Ho Chi Minh Highway Project Management Board, the Head of the Legal Department, the Directors of the Transportation Departments of Ha Tay Province, Hoa Binh Province, Thanh Hoa Province, Nghe An Province, Ha Tinh Province, Quang Binh Province, Quang Tri Province, Thua Thien Hue Province, Quang Nam Province, Kon Tum Province, and the heads of other relevant agencies and units shall be responsible for implementing this Decision.

REGULATIONS

MANAGEMENT, USE, AND SAFE OPERATION OF THE HO CHI MINH HIGHWAY - PHASE I
(Attached to Decision No. 1944/2003/QĐ-BGTVT

dated July 4, 2003)

Chapter 1:

GENERAL PROVISIONS

Article 1. These regulations govern the management, use, and safe operation of the Ho Chi Minh Highway Phase I from Hoa Lac (Ha Tay) to Tan Canh (Kon Tum), guiding state administrative agencies, organizations, residents along both sides of the highway, and vehicles and individuals participating in traffic to ensure traffic safety, safety of the works, and efficient exploitation of the works.

In addition to strictly complying with these regulations, all agencies, organizations, individuals residing or operating along both sides of the highway, and vehicles and individuals participating in traffic must also comply with the provisions of the Road Traffic Law and other related legal documents.

Article 2. The terms used in these regulations are understood as follows:

1. Land of the Ho Chi Minh Highway: is the land on which the Ho Chi Minh Highway construction works are built, including bridges, roads, access roads, overpasses, intersections, land cleared for construction, static traffic points, rest stations, management houses, and other auxiliary works.

2. Right-of-way clearance area: is the land that has been compensated and reclaimed by the State for the construction of the Ho Chi Minh Highway according to planning, limited by the clearance boundary markers.

3. Safety strip of the Ho Chi Minh Highway: is the strip of land running alongside the Ho Chi Minh Highway constructed according to planning to protect the highway works and ensure traffic safety, with a width as prescribed by the Government, limited by the road boundary markers.

4. Driving lane: is the part of the road reserved for traffic.

5. Lane: is a portion of the road designated for vehicle travel, divided longitudinally along the road, with sufficient width for safe driving.

6. Median strip: is a part of the road dividing the carriageway into two directions of travel, indicated by painted lines or metal guardrails or concrete barriers.

7. Shoulder strip: is a part of the road separating the main road from static traffic facilities, access roads, or traffic safety strips of the Ho Chi Minh Highway, indicated by painted lines or metal guardrails or other material barriers.

8. Level Crossing: is a road intersecting the Ho Chi Minh Highway at the same level or different levels.

9. Pedestrian crossing: is a crossing reserved for pedestrians, non-motorized vehicles, and small motor vehicles cutting across the Ho Chi Minh Highway.

10. Access road: is a section of road running parallel to the Ho Chi Minh Highway for local traffic before vehicles are allowed to enter the Ho Chi Minh Highway at intersections.

11. Pedestrian bridge: is a bridge located on the Ho Chi Minh Highway spanning pedestrian crossings.

12. Overpass: is a bridge located above a crossroad passing over the Ho Chi Minh Highway or a bridge on the Ho Chi Minh Highway spanning across when intersecting at different levels.

Article 3. Strictly prohibited are agricultural tractors, self-made motor vehicles not meeting technical standards, unregistered, or uninspected vehicles from circulating on the road.

Article 4. Safe zone for the Ho Chi Minh Road:

1. For bridges crossing rivers, streams, canals, and creeks outside urban areas:

Along the longitudinal axis of the bridge, from the end of the abutment on each side is:

+ 50 meters for bridges with a length of 60 meters or more

+ 30 meters for bridges with a length under 60 meters.

In cases where the approach road at the bridgehead has a slope greater than the above regulations, the safe zone limit shall be calculated from the end of the abutment to the bottom of the slope.

- Along the transverse axis of the bridge: from the outermost point of the bridge structure according to the planning scheme on each side is:

+ 150 meters for bridges with a length over 300 meters

+ 100 meters for bridges with a length from 60 meters to 300 meters

+ 50 meters for bridges with a length from 20 meters to under 60 meters

+ 20 meters for bridges with a length under 20 meters.

2. For roads outside urban areas:

- From the base of the embankment or the edge of the top of the excavated road or from the edge of the longitudinal ditch or the crown ditch of the road according to the approved planning scheme on each side is 20 meters or 15 meters (for the western branch).

3. For tunnels, it is the land, rock, space, with a distance from the outermost point of the tunnel's structural components on each side being 100 meters.

4. For traffic intersection locations, depending on the actual traffic intersection, the safe zone of the road shall be marked appropriately but must extend outward from the outermost point of the intersection by at least 20 meters.

Chapter 2:

PROVISIONS ON THE USE OF THE HO CHI MINH ROAD –

STAGE 1

Article 5. To build Stage II of the Ho Chi Minh Road from Pac Bo to Ca Mau Peninsula, local authorities shall refer to the existing road boundary markers and guide the people to use the land in accordance with the law, based on the scale of 6 to 8 lanes for different sections.

Strictly prohibit construction or expansion of structures within the area designated for the Ho Chi Minh Road according to the planning and the safe zone of the Ho Chi Minh Road.

Strictly prohibit reclamation of the reclaimed land compensation area.

Strictly prohibit exploitation of materials or construction of structures not serving the management and safety of the Ho Chi Minh Road within the designated land and safe zone of the Ho Chi Minh Road, except for special and essential projects which must obtain the agreement of the Ministry of Transport from the project planning stage.

Within the safe zone for traffic as stipulated in Article 4, apart from the prohibitions mentioned above, the following provisions must also be followed:

1. Not to organize markets, service facilities, schools, housing, and other constructions.

2. Not to construct advertising signs, especially illuminated signs that do not serve traffic safety purposes.

3. Not to dig soil or rocks; not to dump waste affecting drainage, environmental sanitation, and the safety of bridges and roads.

Article 6. The Highway Management Units shall direct the Highway Maintenance and Repair Companies to fully accept and handover the system of land clearance markers and road boundary markers from the Ho Chi Minh Road Project Management Board, replace damaged temporary stakes, and supplement them adequately for the purpose of managing the reclaimed land compensation area and the safe zone of the Ho Chi Minh Road. They shall establish files and hand them over to the People's Committee of the commune and district for anti-reclamation and clearance management; at the same time, they shall cooperate annually with the People's Committee of the commune and district to maintain and repaint the stake system to ensure its completeness.

Article 7. The Ho Chi Minh Road is a priority road, while intersecting roads are non-priority roads. In Stage I, intersecting roads may be at the same level, but in Stage II, they must be constructed at different levels;

Strictly prohibit new intersections; in cases where rest areas, industrial zones, residential areas are built according to planning approved by the Government, Ministry of Trade, Ministry of Construction, Ministry of Transport, and provincial People's Committees, each area or station may only connect to the Ho Chi Minh Road at one intersection location. When planning the project, the location of the intersection must be agreed upon immediately with the Ministry of Transport; the design and organization of traffic at the intersection must be designed by a transportation consulting agency and agreed upon in writing by the Vietnam Highway Administration before submitting to the competent authority for approval, ensuring traffic safety on the Ho Chi Minh Road.

Article 8. The speed of traffic on roads shall be regulated as follows:

1. When traveling on roads where there are no speed limit signs, under dry road conditions and normal weather, drivers shall not allow vehicles to exceed the maximum speed set forth below:

Under abnormal weather conditions such as rain, wet and slippery roads, fog, drivers must reduce speed appropriately, lower than the maximum speed specified above.

2. Pedestrians must always walk on sidewalks or pavements (where available); when crossing the road, they must observe and only cross when it is safe.

3. For non-motorized vehicles and animal-drawn carriages, they must always travel close to the right side of the road adjacent to the sidewalk; the person controlling the animal-drawn carriage must walk and stay on the left side of the animals; parking or stopping in unauthorized places or occupying lanes designated for motor vehicles is strictly prohibited.

Article 9. Regulations on the use of roads

1. People and vehicles participating in traffic must strictly follow the instructions of the traffic signal system; travel in the correct lane; overtaking, changing direction, avoiding oncoming traffic, and reversing must comply with regulations.

2. All types of vehicles and pedestrians participating in traffic on the Ho Chi Minh Road must travel within the designated lanes and speeds. During rainy weather, when roads are slippery, speed must be reduced to a safe level but not exceed the maximum speed stipulated in Article 8 of this Regulation or the speed guidance signs.

3. Vehicles participating in traffic on the Ho Chi Minh Road must reduce speed to a minimum when approaching areas with danger signs, markets, schools, pedestrian zones, wildlife areas, or similar signs to ensure safety.

4. Strictly prohibit drivers from stopping or parking in violation of regulations, carrying oversized cargo beyond the load capacity, causing obstruction to traffic.

5. Staff, workers, and vehicles of units managing and repairing the Ho Chi Minh Road, when occupying lanes for maintenance work, must conduct operations neatly and have sufficient signals, warning signs, barriers placed according to regulations, and personnel guiding traffic; strictly prohibit construction spreading across the entire width of the road causing traffic congestion. In cases of mandatory road closure, the construction unit must immediately implement traffic diversion measures, temporary roads, and have complete traffic signs, barriers, night lighting, and personnel at both ends of the closed section to control traffic.

6. Strictly prohibit dumping materials, waste, oil, grease on the road surface. Cargo owners and vehicle drivers transporting goods must securely tie down and cover goods carefully and bear responsibility for cleaning up spilled materials promptly.

7. Do not gather in large groups on the road; do not sit and play on the road surface, guardrails, or concrete barriers.

8. Do not dry straw, rice stalks, or other plants and items on fences, median strips, traffic signs, and other parts of the road.

9. Do not graze cattle, buffalo, or livestock on the road surface. When moving animals, a person must lead them and keep them close to the right side of the sidewalk.

10. Without permission from the competent authority, do not destroy, move, or relocate traffic signs, guardrails, painted markings, concrete barriers, and other signaling devices on the road.

11. Do not take advantage of the traffic signal system, median strips, fences, or guardrails to display or advertise goods, which would detract from aesthetics and traffic safety.

12. Strictly prohibit selling or trading goods on the road surface, sidewalks, embankments, and safety corridors.

13. Strictly prohibit actions that damage traffic infrastructure; strictly prohibit unauthorized crossroads, digging, drilling, cutting roads, or placing unauthorized objects on the road.

Article 10: Provisions on Crossing the Road

In urban areas where pedestrian crossing zones are marked with painted lines and traffic signs, pedestrians must cross the road within the designated painted area for pedestrians.

Chapter 3:

MANAGEMENT RESPONSIBILITIES

Article 11: The Ministry of Transport assigns the Vietnam Highway Administration as the specialized state management agency to uniformly manage the Ho Chi Minh Highway Phase I. The Vietnam Highway Administration shall be responsible for directing and urging the Highway Management Zones, Highway Management and Repair Companies, closely coordinating with local authorities, Provincial Traffic Safety Committees, Road Traffic Police, Administrative Management Police to Social Order to effectively carry out the following tasks:

1. Propaganda and education on the Road Traffic Law, Decrees, sub-Laws, and this Regulation so that agencies, organizations, people on both sides of the road, and all participants in traffic understand, comply with, and jointly participate in managing and protecting the Ho Chi Minh Highway according to the principle of "All citizens participating in maintaining traffic order and safety."

2. Implement Directive No. 22-CT/TW dated February 24, 2003 of the Politburo and Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government to control traffic accidents, gradually reduce traffic accidents, congestion, and restore traffic order and safety on the Ho Chi Minh Highway. The Highway Management Zones shall organize the implementation of their responsibilities to maintain the stability and sustainability of the works, ensuring safe and smooth traffic.

The Highway Management Zones shall detect and support local authorities in protecting traffic works and the safety corridor of the Ho Chi Minh Highway in accordance with the law.

3. Coordinate with Administrative Management Police for Social Order in managing parking lots, rest stations, traffic safety corridors, and other static traffic works.

Coordinate with Road Traffic Police in ensuring safe and smooth traffic.

Article 12: The Highway Management Zones, Highway Management and Repair Companies, and Traffic Inspectors directly assigned to manage the Ho Chi Minh Highway shall be responsible for:

1. Managing the system of bridges, roads, and traffic safety devices implemented in the project well.

2. Regularly repairing and maintaining bridges, roads, and traffic safety devices to ensure a stable condition in accordance with the technical standards for regular maintenance of highways 22TCN 306-03 issued by the Ministry of Transport under Decision No. 1527/2003/QĐ-BGTVT dated May 28, 2003.

3. Regularly patrolling, inspecting, detecting damages, losses, and other harmful acts to handle them promptly, ensuring that this Regulation is strictly implemented.

Chapter 4:

REWARD AND VIOLATION HANDLING

Article 13: Organizations and individuals who have achievements in managing and protecting traffic works and ensuring traffic safety on the Ho Chi Minh Highway shall be rewarded according to State regulations.

Article 14: Organizations and individuals who violate the provisions of the Road Traffic Law, guiding documents for the implementation of the Road Traffic Law, and this Regulation shall be dealt with according to the law.