Circular No. 25/2024/TT-BGTVT amends and supplements certain Articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government on management and protection of road traffic infrastructure and Circular No. 03/2019/TT-BGTVT dated January 11, 2019, issued by the Minister of Transport on flood prevention and mitigation work in the field of roads.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE CIRCULAR NO. 50/2015/TT-BGTVT DATED SEPTEMBER 23, 2015 OF THE MINISTER OF TRANSPORT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE DECREE NO. 11/2010/NĐ-CP DATED FEBRUARY 24, 2010 OF THE GOVERNMENT ON MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE AND CIRCULAR NO. 03/2019/TT-BGTVT DATED JANUARY 11, 2019 OF THE MINISTER OF TRANSPORT ON WORKS RELATING TO PREVENTION, CONTROL, AND MITIGATION OF DISASTERS IN THE ROAD SECTOR

____________________ 

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;

On the basis of THE BIDDING LAW dated June 23, 2023;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013; the Law amending and supplementing certain articles of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction dated June 17, 2020;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to the Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to the Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to the Decree No. 125/2018/NĐ-CP dated September 19, 20188 of the Government amending and supplementing certain provisions of the Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to the Decree No. 117/2021/NĐ-CP dated December 22, 2021 of the Government amending and supplementing certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

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

Pursuant to the Government Decree number Pursuant to the Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government qstipulating detailed provisions and measures for implementation of the Law on Bidding regarding selection of contractors;

Considering the proposal of the Director of the Department of Road Infrastructure and the Director General of the Vietnam Highway Administration; KThe Minister of Transport issues this Circular amending and supplementing certain provisions of the Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure and the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on works relating to prevention, control, and mitigation of disasters in the road sector

Article 1. Amending and supplementing certain provisions of the Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure (hereinafter referred to as Circular No. 50/2015/TT-BGTVT), the Circular No. 39/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport amending and supplementing certain provisions of the Circular No. 50/2015/TT-BGTVT (hereinafter referred to as Circular No. 39/2021/TT-BGTVT) and the Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport amending and supplementing certain provisions of related circulars on management, operation, use, maintenance, and protection of roads (hereinafter referred to as Circular No. 06/2023/TT-BGTVT) as follows:.

"1. The Vietnam Highway Administration shall approve the construction of essential works within the scope of protection of road infrastructure of expressways, except for power facilities with voltage up to 35 kV."

2. Amending and supplementing Clause 3 Article 22 of the Circular No. 50/2015/TT-BGTVT (amended and supplemented by Clause 5 Article 1 of the Circular No. 39/2021/TT-BGTVT, Point b Clause 1 Article 11 of the Circular No. 06/2023/TT-BGTVT) as follows:

"3. In cases where the opinion of the Ministry of Transport is required according to Clause 2 Article 1 of the Decree No. 117/2021/NĐ-CP dated December 22, 2021 amending and supplementing certain provisions of the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure, the People's Committee at provincial level shall submit the dossier for soliciting opinions according to Article 24 of this Circular to the Vietnam Highway Administration;

The Vietnam Highway Administration shall be responsible for reviewing the dossier of the connection request to reply to the People's Committee at provincial level."

3. Amending and supplementing Point h Clause 1 Article 24 of the Circular No. 50/2015/TT-BGTVT (amended and supplemented by Clause 7 Article 1 of the Circular No. 39/2021/TT-BGTVT) as follows:

"h) The opinion of the Vietnam Highway Administration for cases that do not fully meet the requirements for connecting to national highways as stipulated in Clause 2 Article 20 of this Circular."

4. Repealing Clause 2a Article 13 of the Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport (supplemented by Clause 7 Article 11 of the Circular No. 06/2023/TT-BGTVT).

4. Repeal Clause 2a of Article 13 of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport (amended by Clause 7 of Article 11 of Circular No. 06/2023/TT-BGTVT).

Repeal Point c Clause 3 Article 13 of Circular No. 03/2019/TT-BGTVT (amended and supplemented by Clause 10 Article 1 of Circular No. 22/2023/TT-BGTVT).

Article 3. Implementation Provisions

1. This Circular takes effect from August 1, 2024.

2. In cases where applications for connection to national highways have been submitted to the Ministry of Transport before this Circular takes effect, they shall continue to be implemented according to the provisions of Circular No. 50/2015/TT-BGTVT (amended and supplemented by Circular No. 39/2021/TT-BGTVT and Circular No. 06/2023/TT-BGTVT).

3. For construction items to mitigate disaster consequences, address traffic congestion, and ensure traffic flow that have been or are being carried out before this Circular takes effect, the establishment, review, examination, and approval of completion documents shall continue to be implemented according to the provisions of Circular No. 03/2019/TT-BGTVT (amended and supplemented by Circular No. 22/2023/TT-BGTVT).

4. 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, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.