Circular No. 213/2000/TT-BGTVT guiding the implementation of certain provisions of the Government's Decree No. 172/1999/NĐ-CP dated December 7, 1999 detailing the enforcement of the Ordinance on the protection of traffic works for road traffic works.

CIRCULAR

Guidelines for Implementing 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 Transport Works for Road Transport Works

 for Road Transport Works

On December 7, 1999, the Government issued Decree No. 172/1999/NĐ-CP detailing the implementation of the Ordinance on Protection of Transport Works for Road Transport Works. Pursuant to Article 44 of the Decree, the Ministry of Transport issues this Circular to provide specific guidance on certain points as follows:

I. LIMITS OF THE PROTECTION ZONE FOR ROAD TRANSPORT WORKS:

The protection zone for road transport works (referred to as the protection zone for roads) is the area on both sides, above the air, and below the ground surface of road transport works aimed at ensuring the durability of the works and safety for transportation activities as well as facilitating upgrading, renovation, and management of road operations.

1\. The protection zone for roads is determined based on the technical grade of the road according to the long-term planning decided by the competent authority (referred to as the planned road grade). Specifically, the width of the protection zone on each side is prescribed for different types and grades of planned roads outside urban areas as follows:

- Expressway (TCVN 5729-97) 20 meters wide^{Granite, gabbro, decorative stone...}.

- Grade 1 and 2 roads (TCVN 4054-85) or Grades 80 and 60 with 4-6 lanes (TCVN 4054-1998) 20 meters wide^{Granite, gabbro, decorative stone...}.

- Grade 3 roads (TCVN 4054-85) or Grades 80 and 60 with 2 lanes (TCVN 4054-1998) 15 meters wide^{Granite, gabbro, decorative stone...}.

- Grade 4 roads (TCVN 4054-85) or Grades 60 and 40 with 2 lanes (TCVN 4054-1998) 10 meters wide^{Granite, gabbro, decorative stone...}.

- Grade 5 roads (TCVN 4054-85) or Grades 40 and 20 with 1-2 lanes (TCVN 4054-1998) 10 meters wide^{Granite, gabbro, decorative stone...}.

- Village-to-village and commune-to-commune roads shall be regulated by the People's Committee of the province or centrally governed city (collectively referred to as the Provincial People's Committee) based on the specific conditions of the locality, but the protection zone on each side must not be narrower than the width of one lane of the road. The width of one lane is measured horizontally between the two shoulders of the road.

- Factories, enterprises, schools, and service facilities that engage in activities adversely affecting the traffic environment and the durability of road transport works must be located at a sufficient distance from the outer limit of the protection zone as stipulated by law.

- The width of the protection zone for bridges depends solely on their location, length, and width.

2\. For roads within urban areas that have been approved by the competent authority, the width of the protection zone is the width of the sidewalk or the construction boundary. For roads through residential areas that have not been planned, the protection zone is calculated as if it were outside urban areas.

3\. For roads parallel to rivers, canals, or streams where waterway transport is conducted and the protection zone overlaps, the limit of the protection zone for roads is measured from the top of the riverbank (high edge) back towards the road.

4\. For roads parallel to railways where the protection zones overlap, the boundaries of the protection zones are delineated to ensure that they do not encroach upon railway or road structures, specifically as follows:

- In cases where the total width of the common protection zone exceeds 5 meters,^{Granite, gabbro, decorative stone...} priority is given to ensuring the full width of the railway protection zone, with the remaining width being the road protection zone, but without encroaching on the roadbed.

- In cases where the total width of the common protection zone is 5 meters or less,^{Granite, gabbro, decorative stone...} the boundary of the protection zone is the midpoint of the total width.

- In cases where the total width of the common protection zone is very narrow or merely a drainage ditch, the boundary of the protection zone is the base of the roadbed or the intersection of the roadbed slope with the bottom of the drainage ditch.

5\. The protection zone for road transport works below ground level theoretically has no limits. If it is necessary to allow underground construction within the protection zone for roads, it must be specifically determined by the competent authority based on ensuring traffic safety and not affecting the management, repair, and upgrade activities of the road sector, as well as not impacting the operation and management of the sector with underground works. When the road sector requires expansion, widening, or repairs that affect the protection and exploitation of underground works, the management agency of the underground works is responsible for relocation and bears all costs within 15 days from the date of notification.

6\. For roads that have been upgraded or renovated but initially did not meet the planned road grade, the protection zone must still be determined based on the planned road grade. If the width of the land clearance zone on both sides of the road, implemented by the project owner during the upgrade or renovation to ensure construction safety and operational management, is narrower than the protection zone width of the planned road grade, it will not be considered as the protection zone width of the road. For road sections that have already been marked with protection zone widths according to Decree 203/HĐBT which are wider than those specified under Decree 172/1999/NĐ-CP, the existing widths will remain unchanged. In cases where the protection zone width under Decree 172/1999/NĐ-CP is wider than that under Decree 203/HĐBT, the protection zone width must be re-determined and marked according to the provisions of Decree 172/1999/NĐ-CP.

Within the road protection zone, it is not permitted to expand or construct new facilities such as offices; production and business bases, services; residential buildings; power lines... All facilities constructed within the road protection zone that pose a threat to the safety of the works and road transport safety must be immediately demolished. In cases where the facilities have not yet caused significant impact and moving them would incur high costs and waste resources, they may temporarily remain in place but the facility owners must commit to strictly comply with the Road Works Protection Ordinance and move them immediately upon request. For facilities constructed before 1982 within the road protection zone according to Decree 203/HĐBT and those built before 1999 within the extended area from the limit of the road protection zone according to Decree 203/HĐBT to the limit of the road protection zone according to Decree 172/1999/NĐ-CP, when relocation is required for upgrading or expanding the road, compensation will be considered and resolved according to the law.

7/ In special circumstances requiring different width specifications for the road protection zone compared to those stipulated in the Decree, the Vietnam Highway Administration shall advise the Minister of Transport to report to the Prime Minister before making a decision. For village-to-village and commune-to-commune roads, the provincial People's Committee shall decide.

II. RESPONSIBILITIES FOR PROTECTING ROAD TRANSPORTATION WORKS:

To maintain safety during operation and extend the lifespan of road transportation works, all organizations and individuals, both domestic and foreign, participating in activities on the Vietnamese road transportation system must bear responsibility for protection. If organizations or individuals violate the regulations on protecting the road, they will be subject to legal penalties based on the severity of the violation.

At all levels of People's Committees; police forces and traffic inspectors within their respective functions, duties, and authorities have the right to handle violations of regulations on protecting road transportation works by organizations and individuals.

1/ Special-purpose roads and BOT, BT roads, which are invested in and operated by organizations or individuals authorized to do so, must bear full responsibility for protection throughout the construction and operation period as prescribed by law.

2/ Project sponsors and contractors working on sections of roads under upgrade, improvement, and repair projects must be responsible for organizing management and protection throughout the construction period, from receiving the road until handing it over to the managing and operating unit.

When project sponsors hand over completed roads to the managing units, they must provide complete clearance documentation, clearance boundary markers, and road protection zone boundary markers (road boundary markers) if applicable.

3/ All urban planning, industrial zones, industrial parks, and other related works that affect road safety must involve the competent road management agency from the initial investigation and project preparation stages up to the approval stage.

4/ Projects that must be constructed within the road protection zone or outside the road protection zone but affecting road safety, the project sponsor must seek agreement from the competent road management agency from the project preparation stage onwards, and only be allowed to commence construction work affecting road transport safety after obtaining permission from the Vietnam Highway Administration (for national highways) or the Department of Transportation (for local roads).

5/ At all levels of People's Committees must organize the state management function regarding the protection of road transportation works and guide subordinate road management units to manage, operate, repair roads, inspect damages, prevent encroachment and protect roads.

6/ Road Management Zones, Departments of Transportation, Departments of Transportation and Public Works have the responsibility to direct subordinate road management units to cooperate with land administration agencies and District People's Committees (collectively referred to as District People's Committees), Commune People's Committees (collectively referred to as Commune People's Committees) to measure, set road boundary markers, and hand over the set road boundary markers to District and Commune People's Committees as a basis for managing and using land in the road protection zone in accordance with the law. The specifications of the road boundary markers and the method of setting them are regulated in Articles 71, 72, and 73 of the "Traffic Sign Regulations" issued together with Decision No. 5058 QĐ/KH-KT dated December 25, 1997 by the Minister of Transport.

7/ Commune People's Committees are primarily responsible for preventing illegal construction and enforcing laws on protecting road transportation works within their communes, under the guidance and inspection of District People's Committees, with the cooperation of grassroots road management units. District People's Committees organize the removal of violations and manage land use within the road protection zone in compliance with land, construction, and road transportation work protection laws at the district level.

To effectively implement the protection of road transportation works, the Vietnam Highway Administration, Departments of Transportation, Departments of Transportation and Public Works, Road Management Zones, and road management units need to closely coordinate with local authorities at all levels and relevant sectors such as Police, Defense, Construction, Agriculture and Rural Development, Land Administration, Finance, based on tasks assigned by the Government to properly implement Decree 172/1999/NĐ-CP of the Government.

This Circular takes effect fifteen days from the date of signature.