Decree No. 32/2014/ND-CP on management, operation, and maintenance of expressway works

DECREE

On the management, operation, and maintenance of expressway works

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

At the proposal of the Minister of Transport,

The Government issues a Decree on the management, operation, and maintenance of expressway works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management, operation, and maintenance of expressway works, including: Traffic organization on expressways, traffic control, ensuring traffic safety, expressway works maintenance, handling incidents and accidents occurring on expressways, rescue operations, responsibility for managing and protecting expressway works.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to activities concerning the management, operation, and maintenance of expressway works.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An expressway is a road designated for motor vehicles, with median strips separating lanes for two-way traffic; it does not intersect at the same level with other roads; it is equipped with sufficient facilities to ensure continuous, safe traffic flow, reduce travel time, and only allows entry and exit at specified points.

2. Expressway works include: Expressways, central offices or buildings for regional traffic management and control, central offices or buildings for route traffic management and control, rest areas, toll stations, weight inspection stations, signaling systems, traffic safety systems, drainage systems, electrical systems, traffic management and monitoring systems, communication systems, lighting systems, greenery, and other auxiliary works and equipment.

3. The expressway infrastructure includes: Expressway works and expressway safety zones.

4. The traffic management and monitoring system is a set of advanced technological devices and applications used to manage and monitor traffic on expressways installed during construction investment or operation.

5. Traffic organization on expressways refers to measures and actions guiding and compelling vehicles participating in traffic to comply with traffic rules prescribed in the Road Traffic Law.

6. Expressway management agencies are the Vietnam Highway Corporation under the Ministry of Transport; specialized agencies under provincial People's Committees and centrally governed city People's Committees.

7. The entity entrusted with organizing the operation and maintenance of expressway works (hereinafter referred to as the operating and maintenance entity) is the direct subject responsible for the operation and maintenance of expressway works, with responsibilities, obligations, and rights determined through a Contract with the Expressway Management Agency or with the Investor for projects implemented under the public-private partnership model.

8. A regional traffic management and control center is an agency managing and controlling traffic on expressways and national roads within a specific region; it is subordinate to the Vietnam Highway Corporation.

9. A route traffic management and control center is an agency managing and controlling traffic on a single route or section of an expressway; it is subordinate to the entity entrusted with organizing the operation and maintenance of expressway works.

10. Rescue operations involve assisting vehicles and goods participating in traffic on expressways when encountering accidents or incidents.

11. Emergency assistance involves initial first aid and evacuation of injured persons to medical facilities, and supporting victims on expressways when encountering accidents or incidents.

Article 4. Management, operation, and maintenance mechanism for expressway works

1. The State creates conditions for economic sectors to participate in the management, operation, and maintenance activities of expressway works.

2. Investors may implement management, operation, and maintenance of expressway works themselves or hire other units or organizations to carry out these activities.

Chapter II

MANAGEMENT AND EXPLOITATION OF EXPRESSWAY PROJECTS

Article 5. Contents of state management over expressway operation

1. Management and operation of expressway works:

a) Organizing traffic on expressways;

b) Traffic control on expressways;

c) Providing information on expressways;

d) Patrols, inspections on expressways;

đ) Announcing the commencement and temporary cessation of expressway operations;

e) Toll stations on expressways.

2. Protection of expressway infrastructure.

3. Ensuring traffic safety on expressways, handling incidents, rescue, and assistance on expressways.

Article 6. Traffic organization on expressways

1. Traffic organization on expressways shall comply with traffic organization plans approved by competent authorities. The contents of expressway traffic organization plans shall be implemented in accordance with Article 26 and Clause 1 of Article 37 of the Road Traffic Law.

2. The Ministry of Transport shall be responsible:

a) Approving traffic organization plans and adjusting such plans within their jurisdiction;

b) Approving special traffic organization plans on expressways in cases of natural disasters, extremely serious accidents, construction incidents affecting traffic safety, and situations related to national defense and security;

c) Specifying detailed procedures and formalities for the establishment and approval of traffic organization plans on expressways.

3. Provincial People's Committees shall approve traffic organization plans on expressways within their jurisdiction after reaching agreement with the Ministry of Transport.

4. Project investors shall organize the establishment of traffic organization plans for expressway routes, submitting them to the agencies specified in Clauses 2 and 3 of this Article for review and approval.

Article 7. Regional traffic management and control centers

1. Regional traffic management and control centers are responsible for supervising and controlling the activities of route traffic management and control centers and regional traffic management within their jurisdiction.

2. Regional traffic management and control centers connect with route traffic management and control centers through a traffic management and supervision system.

3. Regional traffic management and control centers are public service units with revenue. Operating funds for these centers are allocated from the Central Road Maintenance Fund, deducted from toll revenues of expressways under their management, and other lawful sources as prescribed by law.

Article 8. Route traffic management and control centers

1. Operating and maintenance units are responsible for organizing and managing route traffic management and control centers in accordance with regulations of the Ministry of Transport.

2. Route traffic management and control centers are subject to supervision and control by regional traffic management and control centers; they also bear responsibility for transmitting traffic information from route traffic management and control centers to regional traffic management and control centers for management and control.

Article 9. Information on expressways

1. Information on expressways includes fixed information and changing information:

a) Fixed information is provided through the road signaling system on expressways;

b) Changing information consists of time-varying information such as weather, traffic density, journey advice, estimated travel times, incident information, accident information, temporary cessation of operations, and other relevant traffic information. Such information is provided via systems like the internet, radio waves, information provision points, and electronic information boards on expressways.

2. Operating and maintenance units are responsible for providing information according to approved traffic organization plans.

3. Regional traffic management and control centers direct operating and maintenance units to provide traffic information based on special traffic organization plans approved by competent authorities when unexpected difficult situations arise.

Article 10. Patrol, Road Inspection, and Supervision on Expressways

1. Traffic police shall carry out patrol and traffic control on expressways and use traffic surveillance systems to detect and handle violations of road traffic laws; cooperate with units responsible for operating and maintaining expressways to detect and prevent acts violating regulations on protecting infrastructure and safety zones of expressways.

2. Operating and maintenance units shall conduct road inspections on expressways to patrol, inspect, and monitor traffic organization, traffic accidents, and the condition of expressway infrastructure; promptly detect damage or acts infringing upon expressway infrastructure, acts of encroachment and illegal use of expressway land and safety zones; handle according to their authority or report to competent authorities for handling.

3. Expressway management agencies shall carry out supervision on expressways to inspect, monitor, and supervise the implementation of road inspection tasks; handle according to their authority or coordinate in handling violations concerning expressway infrastructure, encroachments, and illegal use of expressway land and safety zones.

Article 11. Announcement of Operation and Temporary Suspension of Expressways

1. An expressway project may only be put into operation when it meets design requirements, ensures quality, and complies with specified standards, and has a traffic organization plan approved.

2. Temporary suspension of expressway operation refers to the temporary non-use of one or both directions of an expressway route. Temporary suspension of expressway operation shall be implemented in the following cases:

a) One or more projects on the expressway encounter incidents preventing normal operation, affecting expressway traffic safety;

b) A particularly serious traffic accident necessitates temporary suspension of operation;

c) To serve national defense and security needs.

3. The Ministry of Transport and provincial People's Committees shall announce the operation and temporary suspension of expressway routes within their jurisdiction.

Article 12. Toll Stations on Expressways

Toll stations on expressways shall collect tolls from vehicles using expressways, apply advanced toll collection technologies, and be constructed according to planning or investment projects approved by competent state authorities. The operation of toll stations must ensure safe and smooth traffic flow and avoid congestion at toll station areas.

Article 13. Protection of Expressway Infrastructure

1. Protection of expressway infrastructure shall be carried out in accordance with Article 52 of the Road Traffic Law and related implementing regulations.

2. The connection between expressways and other road systems shall be implemented from the initial stage of investment construction projects, in compliance with planning and approved by competent state authorities.

In cases where there are changes in transportation development plans approved by competent authorities at the sectoral or local level, additional interchanges with expressways must be approved by competent state authorities and constructed as grade-separated interchanges. The construction costs of grade-separated interchanges and related expenses shall be borne by the investor of the connecting route.

Article 14. Ensuring Traffic Safety on Expressways

1. All management and maintenance activities of expressway projects that limit the normal use conditions of expressways must be announced through information channels to vehicle drivers participating in traffic.

2. Operating and maintenance units must deploy sufficient manpower and equipment to warn of risks that may cause traffic safety hazards, and protect the warning area according to current traffic safety regulations.

3. The Ministry of Transport shall take the lead and coordinate with the Ministry of Public Security to issue regulations on cooperation in handling, ensuring order and safety, and dealing with accidents and incidents on expressways; work to ensure traffic safety in management and maintenance activities of expressway projects; inspect and supervise traffic safety assurance work on expressway routes.

4. Provincial People's Committees shall organize inspections and supervision of traffic safety assurance work on expressway routes within their jurisdiction.

5. Investors, operating and maintenance units shall proactively cooperate closely with police forces and other functional forces in the area in traffic organization work, protecting expressway infrastructure, and handling and resolving accidents and incidents.

Article 15. Handling Information and Responsibility for Reporting Accidents and Incidents on Expressways

1. Principles for handling information on expressways:

a) Information about vehicle accidents, construction accidents on expressways is provided from systems collecting information on expressways; patrols, inspections, and monitoring on expressways; information from citizens and traffic participants through emergency phone systems on expressways.

b) Upon receiving information about vehicle accidents, construction accidents occurring on expressways, operating and maintenance units immediately mobilize patrol forces, traffic rescue forces, and notify the public security agencies; rescue teams and related forces promptly arrive at the scene to perform tasks according to their functions.

2. Any organization or individual who discovers vehicle accidents, construction accidents occurring on expressways has the responsibility to report to the Traffic Management Center or the public security agency through the emergency phone number on expressways.

Article 16. Rescue and Assistance when Accidents and Incidents Occur on Expressways

When traffic accidents occur, organizations and individuals involved, in addition to complying with the provisions of Article 38 of the Road Traffic Law, must also fulfill the following provisions:

1. Operating and maintenance units of expressways where accidents have occurred must immediately dispatch forces to the scene to initially resolve the situation, secure the scene, provide initial medical care (if necessary), guide temporary traffic regulation; arrange forces to participate in accident resolution under the command of the police force; organize procedures to claim compensation for damage to expressway infrastructure assets according to regulations.

2. Rescue teams must arrive at the scene no later than 30 minutes after receiving information to provide initial medical care to victims; transport victims to the nearest medical facility.

3. Rescue teams must arrive at the scene no later than 30 minutes after receiving information to assist in removing damaged vehicles and goods from the expressway.

4. The Traffic Management Center is responsible for providing information about accidents and incidents on the radio, electronic information boards, and information provision points; coordinating with operating and maintenance units to remotely regulate traffic, applying measures to ensure traffic safety; adjusting lanes or limiting speed on the expressway to suit actual traffic conditions.

5. The Regional Traffic Management Center is responsible for:

a) Directing the Traffic Management Center and supervising the provision of information during rescue and assistance operations;

b) Directing other expressway operating and maintenance units in the region to support in resolving accidents and incidents when necessary;

c) Coordinating traffic on the regional expressway system according to special traffic organization plans approved by competent authorities.

6. Public security agencies must direct their forces to the accident scene no later than 30 minutes after receiving information, leading the coordination with other forces to resolve accidents and incidents as quickly as possible to return the expressway to normal operation.

7. Costs for rescue and assistance on expressways

a) The Ministry of Transport shall stipulate standards and costs for rescue on expressways;

b) The Ministry of Health shall take the lead and coordinate with the Ministry of Transport to stipulate standards and costs for rescue work on expressways;

c) Costs for rescue activities on expressways are included in the management and operation costs and maintenance of expressway projects. Costs for rescue activities will be borne by the vehicle driver if the cause of the accident is due to the driver's actions; by the operating and maintenance unit or the project investor if the cause of the accident is due to expressway infrastructure failure or other objective reasons.

Article 17. Responsibilities of organizations and individuals when accidents or incidents occur on expressways

1. The driver of the vehicle, persons directly related to the accident, and persons present at the scene of the accident shall promptly provide information to competent authorities through emergency hotline numbers as prescribed in Article 38 of the Road Traffic Law. The driver and owner of the vehicle shall be responsible for compensating for property damage to expressway works caused by accidents or incidents resulting from their actions as prescribed.

2. Operating units and maintenance units shall be responsible for determining the value of damages; cleaning up the scene after the police force and other competent forces have completed the scene report and allowed clearance of the scene; repairing and restoring expressway works damaged by accidents or incidents.

Chapter III

MAINTENANCE OF HIGHWAY ENGINEERING WORKS

Article 18. Maintenance of expressway works

1. Maintenance work of expressway works shall be carried out according to technical standards for maintenance of works or maintenance procedures approved by the Project Owner or Investor in accordance with regulations on maintenance of construction works, ensuring the functionality of the works and traffic safety during operation.

2. The Ministry of Transport and provincial People's Committees shall select units or organizations to carry out maintenance work of expressway works for routes constructed using state budget funds within their management scope.

3. Investors shall organize the implementation of maintenance work of expressway works for projects invested under public-private partnership forms and concession projects as prescribed by the Ministry of Transport.

4. Organizational work for operating and maintaining expressway works shall be carried out pursuant to separate contracts or as part of the work content in investment construction, operation, and maintenance contracts of expressway works.

5. The Ministry of Transport and provincial People's Committees shall inspect and supervise the implementation of management, operation, and maintenance contracts of expressway works within their management scope.

Article 19. Costs for maintenance work of expressway works

1. For expressways constructed using state budget funds, expressways transferred back from investors upon expiration of the operation period, and expressways constructed under build-transfer (BT) form: Maintenance costs shall be allocated from toll revenue on expressways (in cases where tolls are collected) or from the Highway Maintenance Fund (in cases where tolls are not collected).

2. For expressways where toll collection rights are transferred to organizations or individuals, maintenance costs shall be allocated from the proceeds of selling toll collection rights (if the transfer price includes maintenance costs) or from the Highway Maintenance Fund if the Toll Collection Rights Transfer Contract stipulates that the State will undertake maintenance work.

3. For expressways constructed, managed, and maintained using investor funds under public-private partnership forms (excluding BT form), maintenance costs shall be guaranteed by the investor.

Chapter IV

MANAGEMENT, OPERATION AND MAINTENANCE RESPONSIBILITIES FOR EXPRESSWAY WORKS

Article 20. Management, operation, and maintenance responsibilities for expressway works

1. The Ministry of Transport shall be responsible for:

a) Implementing state management over expressways;

b) Leading and coordinating with relevant agencies to develop, promulgate, or submit to competent authorities for promulgation legal documents, standards, specifications, and economic-technical norms on management, operation, and maintenance of expressway works; organizing and supervising the implementation of issued documents;

c) Organizing the establishment of management, operation, maintenance, and protection systems for expressway infrastructure; promoting, disseminating, and educating the law on traffic on expressways; monitoring the technical condition of expressway works and implementing international cooperation activities on expressways;

d) Inspecting and supervising the organization of expressway operations and maintenance; inspecting and supervising the implementation of traffic organization plans approved by competent authorities.

2. The Ministry of Health shall lead and coordinate with the Ministry of Transport to issue regulations on medical activities, first aid, and emergency care on expressways and organizational structures for rescue operations.

3. The Ministry of Public Security shall be responsible for:

a) Leading and coordinating with the Ministry of Transport and relevant ministries and sectors to issue regulations and organize the implementation of patrols and traffic regulation when handling accidents and enforcing road traffic laws;

b) Cooperating in the exploitation and utilization of traffic management data to serve traffic order and safety assurance and crime prevention activities on expressways.

4. The Ministry of National Defense shall lead and coordinate with the Ministry of Transport to issue Regulations on the use of expressways for national defense and security purposes.

5. Provincial People's Committees shall be responsible for implementing state management over expressway maintenance activities within their jurisdiction; organizing and directing the promotion, dissemination, and education of traffic laws on expressways, state laws, and policies on protecting assets and safe zones around expressways; leading and coordinating with the Ministry of Transport and the Ministry of Public Security in protecting expressway assets and safe zones; coordinating with the Ministry of Public Security in handling and resolving accidents and incidents occurring on expressways.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Decree takes effect from June 10, 2014.

Article 22. Implementation Provisions

1. The Ministry of Transport and relevant ministries and sectors within their assigned tasks and powers shall be responsible for guiding the implementation of this Decree.

2. Management, operation, and maintenance of expressway works must comply with legal provisions on management and protection of road traffic infrastructure and the provisions of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, and Heads of relevant agencies shall be responsible for implementing this Decree./.