Decision No. 2525/2003/QD-BGTVT on the issuance of "Construction Regulations for Road Projects in Operation"

Pursuant to …;

Concerning the issuance of "Construction Regulations for Road Projects on Operational Roads"

Regarding the proposal of the Heads of the Legal Affairs Department, the Science and Technology Department, and the Director of the Vietnam Highway Administration

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THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law No. 26/2001/QH10 dated June 29, 2001;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

We hereby issue together with this Decision "Construction Regulations for Road Projects on Operational Roads".

Pursuant to …;

Article 1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 4213/2001/QĐ-BGTVT dated December 10, 2001, issued by the Minister of Transport.

Article 2. The Heads of the Ministry's Office, the Legal Affairs Department, the Science and Technology Department, the Director of the Vietnam Highway Administration, the Director of the Inspection and Quality Management Department of Transport Works, and the Heads of relevant agencies, units, and individuals are responsible for implementing this Decision.

Article 3. Construction of projects on operational roads

REGULATIONS

(Issued together with Decision No. 2525/2003/QĐ-BGTVT dated August 28, 2003)

This document stipulates the responsibilities of organizations and individuals directly or indirectly related to the construction of projects on operational roads within the Vietnamese road system.

of the Ministry of Transport)

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Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

All organizations and individuals when constructing, repairing, upgrading, renovating, and building new works (hereinafter referred to as construction organizations and individuals) located within the scope of road land, road safety zones, above-ground areas, underground areas, underwater areas related to the safety of the works and road traffic safety must comply with the provisions of these Regulations and other relevant laws to ensure the safe, smooth, and continuous passage of people and vehicles; the sustainability of operational road works; and environmental protection.

Article 2. Applicability

RESPONSIBILITIES OF CONSTRUCTION ORGANIZATIONS AND INDIVIDUALS PART A. BEFORE CONSTRUCTION

Chapter 2:

PART B - BEFORE CONSTRUCTION

Prior to making investment decisions, organizations and individuals must obtain written agreement from the competent road management authority regarding issues related to the safety of road transport infrastructure, the scope of infrastructure protection, and road development planning.

Article 3. Organizations and individuals conducting construction on operational roads must obtain agreement from the competent road management authority regarding the construction period, measures to ensure traffic safety throughout the construction period, and completion time.

Article 4. Article 5. For construction on land allocated for roads

Article 5. For construction on land allocated for roads

1. Must have a construction permit from the competent road management authority and procedures for site handover for construction.

2. If the project affects the safety of road operation, the technical design documents must be reviewed and approved or accepted by the competent authority of the transport sector according to the分级原因是为了确保翻译的准确性与一致性。以下是剩余内容的直接翻译：

Article 6. Construction organizations and individuals who have been granted permission to construct must proceed to the road management unit to complete the handover procedures for the construction site to advance further steps. From the day of receiving the site handover, construction organizations and individuals must bear responsibility for managing and ensuring smooth, unobstructed, and safe traffic flow.

Article 7. Road management organizations performing routine management and maintenance tasks do not need to apply for a construction permit but must strictly implement measures to ensure traffic safety throughout the implementation process.

PART B - DURING CONSTRUCTION

Article 8. Throughout the construction process, organizations and individuals must strictly adhere to the construction plans, measures, and timeframes that have been agreed upon; they must ensure smooth traffic flow according to regulations and avoid damaging existing road structures. In cases where such damage cannot be avoided, approval from the road management authority for protective measures or temporary removal and relocation must be obtained, along with the completion of restoration work; it is strictly prohibited to fill or dump soil within the road safety zone without serving construction purposes, and full responsibility for any traffic safety issues caused by construction must be borne. Ensuring traffic flow and traffic safety during the construction of operational roads is a component of the construction organization design and part of the contract budget; this cost shall not be less than the regular maintenance costs before project implementation.

Organizations and individuals must comply with inspections and checks by the road management authority and the Road Transport Inspectorate regarding the implementation of traffic safety regulations during construction as stipulated in the permit and laws.

Article 9. Detour routes, temporary bridges, and traffic safety signaling systems must be completed prior to the commencement of main construction works. Detour routes and temporary bridges must accommodate all types of vehicles that were previously allowed on the old road based on their weight and size. The traffic safety signaling system must comply with the Traffic Signaling Regulations 22TCN-237-01 issued by the Ministry of Transport.

Article 10. Throughout the construction period, there must be personnel guiding traffic at all times, and when construction halts, safety signals such as directional signs, flags, and red lights at night must be provided. Traffic guidance personnel must wear a red armband on the left arm, equipped with flags, whistles, and lights at night.

Article 11. At both ends of the construction site, signs indicating the name of the construction unit, construction mileage, address of the construction site office, telephone number (if available), and the name of the site supervisor must be posted. The supervisor must wear identification badges, and workers on the road must wear prescribed protective clothing.

Article 12. Construction machinery operating on the road must be fully equipped with safety devices and painted according to regulations.

Article 13. Outside of construction hours, construction machinery must be parked in a designated area. If no such area is available, they must be placed close to the roadside where they can easily be seen and marked with warning signs.

Damaged construction machinery must be moved as close to the roadside as possible and marked with appropriate warning signs.

Article 14. When constructing on the roadbed, road surface, or bridge deck, a portion of the roadbed, road surface, or bridge deck must be reserved for vehicular and pedestrian traffic, specifically:

1. For road surfaces or bridge decks with three lanes or fewer, at least one lane must be reserved.

2. For road surfaces or bridge decks wider than three lanes, at least two lanes must be reserved.

3. In cases where the width of one lane cannot be maintained, detour routes must be constructed. For single-lane roads where the construction width is insufficient and poses a high risk of traffic congestion, additional traffic support projects (such as waterways, railways, air transport, etc.) must be considered from the initial project research stage. These supporting projects must be implemented first and put into operation before the main project construction begins.

4. When excavating to widen the roadbed, excavation must be immediately backfilled. For construction on weak subsoil sections, if the roadbed is lowered or raised more than 2 meters (two meters), specific organizational measures for traffic safety must be designed and approved by supervisory consultants and the Project Owner. Attention should be given to contingency measures in case of rain.

5. During foundation and road surface construction, the length of each construction front shall not exceed 300 meters, and each construction front shall be at least 500 meters apart. During the rainy season, construction must be completed in segments after each shift and each day to prevent materials from washing away and causing damage to public property and environmental pollution.

6. When constructing culverts without detour routes, only half the length may be worked on at a time, with the other half reserved for traffic. If the width is insufficient for one lane, temporary widening measures must be designed to ensure sufficient width for one lane. Barriers must be installed around the excavation pit, and solid obstacles must be placed 30 meters away on each side.

7. When constructing on city streets, construction plans and schedules must be suitable for the characteristics of each street to avoid traffic congestion. Adequate safety zones for pedestrians must be ensured.

Article 15. Construction materials shall only be placed on the road for use in 2 to 3 construction sections, with a length not exceeding 300 meters. Materials must be placed on one side of the road and not parallel on both sides to narrow the roadbed and surface. It is strictly prohibited to scatter materials that obstruct traffic and endanger safety.

Before the rainy season, all construction work must be completed, excess materials removed from the road, and contingency plans established to ensure traffic flow in case of bridge or road accidents caused by rain and floods within the assigned construction area.

Article 16. It is strictly forbidden to burn asphalt on roads in densely populated areas, causing materials to spill onto the road surface, leading to slippery conditions and traffic safety hazards, as well as environmental pollution.

Article 17. In cases where explosives are used during construction, they must comply with legal regulations. Each blast operation (including cleanup) must not exceed two hours and must be separated by at least four hours to ensure traffic flow. Blasting times should be scheduled during off-peak hours. In areas near residential zones, blasting is prohibited from 7 PM to 6 AM the following morning.

If there is a need to extend the blasting time beyond the prescribed period, approval from the Ministry of Transport is required. For projects with large-scale demolition work involving multiple contracts and construction fronts, the Project Management Board must consult local authorities regarding blasting times, coordinate with licensing agencies, and announce such times through public media outlets.

Article 18. When cutting trees along the roadside, warning signs must be posted and guards set up at both ends to prevent trees from falling into the road and obstructing traffic. If it is necessary for trees to fall into the road, they must be quickly moved to the roadside. Regardless of which part of the road the tree-cutting occurs, roots must be dug out and the original condition restored. It is strictly prohibited to throw objects from heights onto the road surface.

Article 19. During the simultaneous construction and maintenance of bridges, retaining walls, and underground passages while allowing vehicular traffic, the following measures must be taken: posting warning signs indicating narrow roads, speed limits, and construction sites; setting up barriers and having personnel manage traffic 24 hours a day; construction materials and equipment must be neatly stored within the construction barrier; electrical and water systems serving construction must be regularly inspected to prevent accidents.

If it is impossible to maintain traffic flow during construction, an alternative route must be provided.

Article 20. When repairing or expanding access roads to ferry terminals and pontoon bridges, half of the road width must be repaired, with the remaining portion left for access not less than 4 meters for pontoon bridges and not less than 6 meters for ferries, and sufficient safety equipment must be provided. If the minimum width is insufficient and deemed unsafe for ferry and pontoon bridge traffic, temporary terminals must be constructed.

Article 21. In cases of salvage operations for sunken pontoons or ferries, including the removal of obstacles in the riverbed under bridges, adequate buoy systems and river navigation signals must be provided, and channels cleared to ensure normal operation of pontoon bridges and ferries without traffic disruptions.

SECTION C. COMPLETION OF CONSTRUCTION

Article 22. After completing a section of road not exceeding 1 kilometer or one bridge or culvert, the construction organization or individual must remove all obstructions to ensure safe and unimpeded traffic.

Prior to handing over the project, all excess materials must be removed, machinery relocated, obstacles cleared, and any damage to the road caused by construction repaired. If the construction organization or individual fails to complete these tasks adequately, the highway management unit has the right to refuse acceptance.

Article 23. The construction organization or individual must hand over the site to the highway management unit as stipulated in Article 6 of this Regulation.

Chapter 3:

RESPONSIBILITIES OF THE PROJECT MANAGEMENT BOARD (ON BEHALF OF THE INVESTOR)

Article 24. The Project Management Board is responsible for inspecting contractors throughout the construction process regarding traffic safety measures. If contractors fail to meet requirements, economic penalties may be imposed within their authority, or the matter reported to higher authorities for appropriate action.

Chapter 4:

RESPONSIBILITIES OF THE HIGHWAY MANAGEMENT AUTHORITY

Article 25. Classification of Construction Permit Issuance

1. For National Highways:

a. The Vietnam Highway Administration for construction projects of Groups A and B within the transportation sector or Groups A, B, and C in other sectors.

b. Highway Management Zones, Departments of Transportation, Departments of Transport Infrastructure for construction projects of Group C within the transportation sector or projects that do not require project establishment in other sectors.

2. For local road systems: to be specified by the People's Committee of the province.

Article 26. Procedures for Issuing Construction Permits Include:

1. Application for construction permit from the organization or individual conducting the construction.

2. Technical design documents and construction organization design documents that have been approved by the competent authority.

3. Construction contracts.

4. Unified documents regarding construction plans, traffic safety measures, and construction time between the project investor, construction unit, and the competent highway management agency.

Article 27. Competent highway management agencies shall examine and issue construction permits without delay exceeding ten days from the date all valid documents are received.

Article 28. Highway management units and traffic inspection forces within their scope of duties and powers are responsible for inspecting and supervising organizations and individuals throughout the construction period.

In cases where construction organizations or individuals violate the provisions stipulated in the construction permit and traffic safety laws, the highway management agency and traffic inspectors shall prepare records and handle them according to the law. If there is a recurrence of violations, the highway management agency and traffic inspectors have the right to suspend construction, revoke the construction permit, and report to the higher-level highway management agency within twenty-four hours for review and resolution. Any delays and costs resulting from the suspension of construction shall be borne by the construction organization or individual.

Article 29. The highway management unit is responsible for receiving back and managing and operating in accordance with regulations.