Circular No. 22/2023/TT-BGTVT Amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019, issued by the Minister of Transport on disaster prevention, mitigation, and aftermath recovery in the road sector

CIRCULAR

Amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on flood control, prevention, and mitigation of natural disaster consequences in the road sector stipulating onthe work of floodprevention, prevention, and mitigation of natural disaster consequences in the road sector

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Law on Flood Control dated June 19, 2013; the Law amending and supplementing some articles of the Law on Flood Control and the Law on Dikes dated July 17, May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

On the basis of Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation of emergency response to accidents, natural disasters, and search and rescue operations; accidents, natural disasters, and search and rescue;

Pursuant to Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing implementation of some articles of the Law on Flood Control and the Law amending and supplementing some articles of the Law on Flood Control and the Law on Dikes;

Pursuant to Decree No. 63/2014/NĐ-CP dated 26 the 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;14 of the Government detailing implementing some articles of the Law on Bidding regarding selection of contractors;

Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing certain contents regarding project management of investment construction;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of theGovernmentqstipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Highway Administration,

The Minister of Transport hereby issues this Circular. amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport stipulating on the work of flood prevention, prevention, and mitigation of natural disaster consequences in the road sector.

Article 1. Amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport stipulating on the work of flood prevention, prevention, and mitigation of natural disaster consequences in the road sector (hereinafter referred to as Circular No. 03/2019/TT-BGTVT) and Circular No. 43/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT (hereinafter referred to as Circular No. 43/2021/TT-BGTVT)

1. Replacing the phrase “Vietnam Highway Administration” with the phrase “Vietnam Highway Corporation” at:

a) Clause 4 Article 9; point c Clause 2 Article 10; point b Clause 1, point b Clause 2, point a Clause 3 Article 15; point b, point đ Clause 2 Article 17; point b Clause 2 Article 18; Clause 1 Article 20; Clause 1 Article 21;

b) Point a Clause 2 Article 11a (added at Clause 7 Article 1 of Circular No. 43/2021/TT-BGTVT);

c) Point a Clause 4 Article 15 (amended and supplemented at point b Clause 11 Article 1 of Circular No. 43/2021/TT-BGTVT);

d) Point c Clause 4 Article 20 (amended and supplemented at Article 6 of Circular No. 43/2021/TT-BGTVT).

2. Replacing the phrase “Highway Management Bureau” with the phrase “Highway Management Zone” at:

a) Clause 4, Clause 6 Article 9; point a, point c Clause 2 and Clause 3 Article 10; point b Clause 2 Article 15; Clause 1 Article 20; Clause 2 Article 21;

b) Point a Clause 4 Article 15 (amended and supplemented at point b Clause 11 Article 1 of Circular No. 43/2021/TT-BGTVT).

3. Replacing the phrase “Director of Vietnam Highway Administration” with the phrase “Director of Vietnam Highway Corporation” at:

a) Point a Clause 2 Article 11a (added at Clause 7 Article 1 of Circular No. 43/2021/TT-BGTVT);

b) Clause 3 Article 22.

4. Replacing the phrase “Director of Highway Management Bureau” with the phrase “Director of Highway Management Zone” at point b Clause 3 Article 15.

5. Amending and supplementing Clause 3 Article 3 (amended and supplemented at Clause 2 Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

"3. The highway management agency is the Vietnam Highway Corporation, Highway Management Zone; the specialized traffic management agencies under provincial People's Committees (hereinafter referred to as Provincial Transportation Departments), district People's Committees; commune People's Committees."

6. Amending and supplementing Clause 1 Article 9 (amended and supplemented at Clause 4 Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

"1. Based on forecasts, warnings of types of natural disasters, levels of natural disaster risks, natural disaster developments, and directives from higher authorities, the Vietnam Highway Corporation (for national highways), Provincial Transportation Departments (for sections of national highways under their management), and provincial People's Committees (for local roads, projects, or public-private partnership road investment projects on national highways where the provincial People's Committee is the competent authority) shall direct and command the implementation of measures to respond to accidents, natural disasters, and search and rescue operations in the field of road transport."

7. Amending and supplementing point b Clause 1 Article 9a (added at Clause 5 Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

"b) The Chairman of the provincial People's Committee shall specify for road construction projects on local road systems, projects, or public-private partnership road investment projects on national highways where the provincial People's Committee is the competent authority; the provincial Flood Control and Search and Rescue Command or the specialized road transport agency under the provincial People's Committee shall advise the Chairman of the provincial People's Committee to decide on declaring a state of emergency due to natural disasters."

8. Amending and supplementing the name of Article and Clause 1 Article 11a (added at Clause 7 Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

a) Amending the name of Article 11a as follows:

"Article 11a. Emergency Projects for Flood Prevention, Mitigation, and Recovery";

b) Amending Clause 1 Article 11a as follows:

"1. The competent authority decides to implement emergency projects for flood prevention, mitigation, and recovery through decisions declaring a state of emergency due to natural disasters, and Orders for urgent construction works."

9. Amending and supplementing Clause 1 Article 12 as follows:

"1. Restoration of natural disaster consequences and ensuring traffic for operating road projects: is the activity of restoring natural disaster consequences, clearing congestion, ensuring traffic, repairing, and restoring damaged road projects caused by natural disasters, carried out immediately after the natural disaster weakens or weather returns to normal, with the goal of quickly restoring smooth and safe traffic operations."

10. Amending and supplementing Article 13 (amended and supplemented at Clause 9 Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

“Article 13. Work to Mitigate Consequences of Natural Disasters and Ensure Traffic for Exploited Road Projects

1. Mitigating Consequences of Natural Disasters, Handling Congestion, Ensuring Traffic

When natural disasters occur, affecting and interrupting part or all of traffic activities, according to the principle of "four localities" stipulated in Clause 3, Article 4 of the Law on Prevention and Control of Natural Disasters, the Road Management Authority, the contractor responsible for regular maintenance and operation of road projects shall immediately mitigate the consequences of natural disasters, handle congestion, and ensure traffic on roads. This activity includes one or several tasks as follows:

a) Dispatch personnel to guard, set up barriers, and post warning signs at both ends of the damaged sections; clean up, level, and repair to ensure minimum traffic of one lane safely. For heavily damaged sections of roads or projects, barriers must be erected with guards to command and control traffic, organize diversion to ensure traffic flow, and announce through mass media. In cases of deep water submergence or strong current flow, stakes, buoys, and water level markers must be placed, and local authorities must cooperate to set up barriers, divert traffic, or prohibit passage, or regulate traffic and issue other warnings if necessary;

b) Fallen power poles and trees on the road; mud, soil, rocks, pebbles, debris, and garbage overflowing onto the road surface, blocking drainage systems causing obstruction to culverts, ditches, and under bridges: concentrate on cutting down fallen trees, moving power poles out of the road surface area; scoop and clean the road surface; dredge the culverts, ditches, rivers, and streams under bridges to ensure safe passage;

c) Landslides of earth and rock from the positive slope onto the road surface: excavate and remove unstable rock slabs, scoop and clean the collapsed positive slope; when it is necessary to reinforce the stability of the foot of the positive slope, use rock gabions or appropriate materials based on actual conditions to maintain stability and allow immediate safe passage of vehicles;

d) Landslides of the negative slope intruding into the road surface: depending on actual terrain, implement rock gabion walls or use steel sheet piles or driven piles to form retaining walls against landslides, or use appropriate repair methods based on actual conditions; when the negative slope landslide results in a remaining road width ≤ 3.0 meters, temporarily fill the ditch or cut into the positive slope to achieve a road width ≥ 4.0 meters for temporary passage, then complete for normal passage;

đ) Small bridges, culverts, tunnels, escape routes, drainage systems damaged by erosion, landslides, detachment, localized flooding, or other damages affecting road traffic operations and safety: dredge and clear mud, soil, and rocks to ensure drainage; reinforce damages using one or several materials such as reinforced concrete, steel-reinforced concrete, rock gabions, or appropriate materials based on actual conditions to ensure safe vehicle passage;

e) Cases where the road surface is sunken, potholed, or locally damaged; the shoulder of the road eroded: repair local damage, level and ensure smoothness of the road surface; reinforce the shoulder using rock gabions or appropriate materials based on actual conditions to ensure safe vehicle passage;

g) Roadway signaling systems and traffic safety protection facilities damaged: repair, replace, and supplement immediately to guide and ensure safe and unobstructed traffic;

h) In cases where mitigating the consequences of natural disasters, handling congestion, and ensuring traffic as specified in points a, b, c, d, đ, e, and g of this clause exceed the implementation capacity of the unit, the management authority, contractor responsible for regular maintenance and operation of road projects shall report to the Road Management Zone or the Department of Transport to mobilize additional units to promptly mitigate the consequences caused by natural disasters;

2. Repair Damages and Restore Road Projects

When natural disasters cause damage to road projects, immediate measures must be taken to restore traffic operations and partially or fully restore the project according to the technical standards and regulations before the damage occurred. The competent authority decides to implement emergency projects to prevent, control, and mitigate the consequences of natural disasters as stipulated in Article 11a of this Circular. This activity includes one or several tasks as follows:

a) Positive slopes experiencing landslides and appearing with sliding arc cracks, with rocks still at risk of further cracking, falling, and rolling onto the road: proceed with excavation, reduce load by partially or completely removing the sliding arc, or cover the rock slope with steel mesh anchored into the slope face, open a temporary bypass route for passage, then complete for normal passage;

b) Negative slope landslides deeply affecting the road surface, with continued risk of further landslides, sliding, and breaking the road: depending on the terrain and geology, use steel sheet piles to form retaining walls against landslides, combined with rock gabions or open a temporary bypass route towards the positive slope for temporary passage, then complete for normal passage;

c) Road surface sunken, rutted, soft, potholed, and cracked: level and ensure smoothness of the road surface; immediately repair using appropriate materials or restore the original structure or equivalent structure and traffic safety system upon favorable weather conditions to ensure traffic and project safety, suitable for operational conditions;

d) Collapse or erosion of road spillways, tunnels, culverts; other damages to road projects posing direct threats to many people's lives: repair and strengthen the project or open a temporary bypass route for passage, or build a temporary bridge for mainline passage, then complete for normal passage;

đ) Collapse of road tunnels; collapse of road bridges; erosion and breakage of a section of the road: construct a temporary bypass route or bridge for temporary passage, then complete for normal passage;         

e) In addition to the repair solutions for fixing damage and restoring road construction projects as stipulated in points a, b, c, d, đ of this Clause, the competent authority may supplement other repair solutions in the Emergency Construction Order to promptly address the consequences caused by natural disasters.

3. Based on the results and current status of disaster aftermath mitigation, traffic congestion resolution, and traffic assurance as provided for in points a, b, c, d, đ, e, g of Clause 1 of this Article, the competent authority shall continue to handle as follows:

a) Where the road construction project is still damaged or continues to be damaged but does not yet require immediate restoration to the pre-damage standards and specifications, the road management agency shall report to the competent authority for consideration and decision to implement emergency repairs according to Circular No. 37/2018/TT-BGTVT dated June 7, 2018 issued by the Minister of Transport regarding the management, operation, and maintenance of road construction projects;

b) Where the road construction project is still damaged or continues to be damaged and requires immediate restoration to the pre-damage standards and specifications, the road management agency shall report to the competent authority for consideration and decision to implement an emergency project to prevent, combat, and mitigate disaster consequences according to Clause 11a of this Circular. The works already carried out to mitigate disaster aftermath, resolve traffic congestion, and ensure traffic flow as provided for in points a, b, c, d, đ, e, g of Clause 1 of this Article shall be approved in the project completion dossier;

c) Where traffic operations are still interrupted or continue to be interrupted and the cost of mitigating disaster aftermath, resolving traffic congestion, and ensuring traffic flow exceeds the limit prescribed in Clause 1 of Article 54 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government, within the scope and responsibility of management, the contractor responsible for regular maintenance and operation of the road construction project must report to the Road Management Zone and the Department of Transportation to request the competent authority to consider and decide to implement an emergency project to prevent, combat, and mitigate disaster consequences according to Clause 11a of this Circular. The works already carried out to mitigate disaster aftermath, resolve traffic congestion, and ensure traffic flow as provided for in points a, b, c, d, đ, e, g of Clause 1 of this Article shall be approved in the project completion dossier.”

11. Amend and supplement Article 14 (which has been amended and supplemented at Clause 10 of Article 1 of Circular No. 43/2021/TT-BGTVT) as follows:

“Article 14. Dossier for Completion of Disaster Mitigation, Traffic Congestion Resolution, and Traffic Assurance; Dossier for Completion of Emergency Projects to Prevent, Combat, and Mitigate Disaster Consequences

1. Organization of dossier preparation and review:

a) The Road Management Zone and the Department of Transportation for national highways under their management;

b) The People's Committee of the province shall specify for local road systems, projects, or road construction projects invested through public-private partnership on the national highway system where the People's Committee of the province is the competent authority;

c) Enterprises assigned by the State to invest in, manage, and operate road construction projects for road construction projects under their management;

d) Within thirty working days from the date of completion of construction on site, the agencies and units specified in points a, b, c of this Clause shall be responsible for submitting the Dossier to the competent authority specified in Clause 2 of this Article for examination and approval.

2. Authority for Examination and Approval of Dossiers:

a) The Vietnam Highway Administration for national highways;

b) The People's Committee of the province shall specify for local road systems, projects, or road construction projects invested through public-private partnership on the national highway system where the People's Committee of the province is the competent authority;

c) The head of the Central Agency representing the owner shall decide for road construction projects managed by enterprises assigned by the State to invest in, manage, and operate road construction projects;

d) The time for examining the dossier and approving or notifying the result is thirty days, starting from the date the examination agency receives all valid dossiers.

3. Components of the Dossier for Completion of Disaster Mitigation, Traffic Congestion Resolution, and Traffic Assurance include:

a) A proposal from the dossier preparation agency;

b) An explanation of the disaster aftermath mitigation plan;

c) Documents containing information about the disaster, directives, response, and disaster aftermath mitigation, such as telegrams, mobilization orders, and directive documents from competent authorities;

d) An initial report accompanied by photographs showing the damage caused by the disaster, prepared by the dossier preparation agency and related agencies or units;

đ) A record confirming the volume of work completed with detailed lists;

e) As-built drawings;

g) Budget for disaster aftermath mitigation, traffic congestion resolution, and traffic assurance already implemented, accompanied by detailed calculation explanations;

h) On-site damage verification records (including information: location, mileage; description and assessment of damage level, road construction project damage; preliminary volume of damage; proposed handling and mitigation plans). The records are established with the participation of the Road Management Agency, the District-level Disaster Prevention and Control Command Post, or the District People's Committee where the damage occurred;

i) Technical construction drawings reflecting the volume and structure of temporary works;

k) Construction diary of the project and some images recording the construction process, attendance sheets for traffic regulation and diversion.

4. The dossier as prescribed in Clause 3 of this Article does not include volumes of work that have been valued in the regular maintenance contract between the contractor and the competent authority.

5. Components of the Dossier for Completion of Emergency Projects to Prevent, Combat, and Mitigate Disaster Consequences include:

a) A proposal from the dossier preparation agency, Decision announcing the emergency situation due to natural disasters, and the Emergency Construction Order of the competent authority;

b) The components of the dossier as prescribed in points b, d, đ, e, g, h, i, k of Clause 3 of this Article.

6. For road construction projects invested in and operated under the BOT model and other PPP project contract methods: the enterprise investing in and managing the operation of the road project shall prepare the completion report for disaster recovery, traffic congestion resolution, traffic assurance, or emergency projects to prevent, mitigate, and recover from disaster consequences, in accordance with agreements with the competent authority during the business and operation phase as stipulated by law and the project contract; the report shall be prepared in accordance with the provisions of Clauses 3, 4, and 5 of this Article.

7. Agencies, units, and individuals assigned the task of preparing the completion report for disaster recovery, traffic congestion resolution, traffic assurance, or emergency projects to prevent, mitigate, and recover from disaster consequences must bear legal responsibility for the accuracy of the report.”

12. Amend and supplement Point a Clause 2 Article 17 as follows:

“a) Disaster recovery and ensuring traffic on operational central-managed roads;”

13. Amend and supplement Point a Clause 1 Article 18 as follows:

“a) The duty roster for disaster prevention, response, and emergency handling shall be carried out according to the working hours and rest periods prescribed for workers engaged in special natured tasks in disaster prevention and mitigation work;”

Article 2. Repeal certain Articles and Clauses of Circular No. 03/2019/TT-BGTVT and Circular No. 43/2021/TT-BGTVT as follows:

a) Clause 2a Article 3 (amended and supplemented by Clause 1 Article 1 of Circular No. 43/2021/TT-BGTVT);

b) Clause 2 Article 12.

Article 3. Implementation Provisions

1. This Circular takes effect from August 15, 2023.

2. Construction items for disaster recovery and traffic assurance Step 1 that have been or are being implemented before the effective date of this Circular shall continue to be processed for the preparation, review, assessment, and approval of the completion report in accordance with the provisions of Circular No. 03/2019/TT-BGTVT (which has been amended and supplemented by some articles in Circular No. 43/2021/TT-BGTVT).

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Expressway Administration, the Directors of Provincial and Municipal Transport Departments directly under the Central Government, the Director of the Lao Cai Transport and Construction Department, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.