Decision No. 332/2000/QĐ-BGTVT On the issuance of the "Provisional Regulations on Management, Operation, and Ensuring Traffic Safety on La Nghe - Hoa Lac Road"

Pursuant to …;

Regarding the issuance of the "Provisional Regulation on Management, Operation, and Ensuring Road Traffic Safety on La Gia - Hoa Lac"

Ensuring Road Traffic Safety on La Gia - Hoa Lac

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THE MINISTER OF TRANSPORTATION

Pursuant to the Traffic Works Protection Ordinance dated December 2, 1994;

Based on the Government Decree No. 22/CP dated March 22, 1994 regarding the tasks, authorities, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to the Government Decree No. 36/CP dated May 29, 1995 on ensuring traffic order and safety on roads and urban traffic order;

To effectively manage, operate, and ensure traffic safety for the La Gia - Hoa Lac road;

At the proposal of the Director of the Vietnam Highway Administration and the Head of the Legal Affairs Department of the Transport Ministry.

DECISION:

Article 1: Now hereby promulgates with this Decision the Provisional Regulation on Management, Operation, and Ensuring Road Traffic Safety on La Gia - Hoa Lac."

Article 2: This Decision shall take effect fifteen days from the date of signature. The Vietnam Highway Administration is responsible for organizing guidance and inspection of the implementation of this Decision.

Article 3: The Heads of the Ministry's Office, Department Heads, Heads of related agencies under the Ministry, the Director of the Vietnam Highway Administration, the Director of the Hanoi Department of Transportation and Public Works, the Director of the Ha Tay Department of Transportation and Transport Services, are responsible for enforcing this Decision.

INTERIM REGULATION

Management, operation, and ensuring road traffic safety on La Gia - Hoa Lac

(Issued together with Decision No.: 332/2000/QD-BGTVT

dated February 17, 2000 of the Minister of the Ministry of Transport)

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Chapter 1:

GENERAL PROVISIONS

Article 1: The La Gia - Hoa Lac road was constructed according to Decision No. 471/TTg dated July 13, 1996 of the Prime Minister with a standard of six-lane expressway, 35.5 meters wide, built in two phases. Phase 1 has a base width of 12 meters, a two-lane carriageway, and reinforced shoulders each 2 meters wide (base and surface standards of a third-class road in plains according to the automobile road design standard TCVN 4408 - 85), the right shoulder constructed in phase 1 is the right shoulder of the future expressway.

Article 2: This regulation governs the management, use, and operation of the La Gia - Hoa Lac road when the first phase of construction is completed corresponding to the width standards of a third-class road in plains.

Article 3: Scope of Application.

All state administrative agencies, relevant units, all traffic participants on the La Gia - Hoa Lac road, and people living along the road must strictly comply with this regulation.

Article 4: In this Regulation, the following terms shall be understood as follows:

1. "Lane" is the area limited between two painted lines (continuous or broken) or between a painted line and a median strip where vehicles are permitted to travel in the specified direction.

For the section of the road with two lanes for motor vehicles in one direction (from Km 0 to Km 2 + 174 within the jurisdiction of Hanoi City), the lane on the right side of the direction of travel is Lane 1 (hereinafter referred to as Lane 1), while the lane on the left of Lane 1 is Lane 2. "Pedestrian lane" is the lane designated for non-motorized vehicles and located on the right side of Lane 1.

2. "Central Median Strip" (from Km 0 to Km 2 + 174) is a concrete curb strip filled with a layer of cover or planted with trees and grass to separate the two directions of traffic.

3. "Roadside Protection Zone" is the defined area on both sides of the road aimed at maintaining the durability of the works, protecting the safety of transportation operations, and residential areas along the road.

4. "Crossing Road" is a road intersecting at the same level with the La Gia - Hoa Lac road.

5. "Collector Road" is a road designed to concentrate traffic or pedestrians and animals to designated underpasses to pass underneath the La Gia - Hoa Lac road to reduce conflicts at the intersection at the same level with the La Gia - Hoa Lac road, including a pedestrian collector road for people and non-motorized vehicles and a local motor vehicle collector road for local motor vehicles.

6. "Pedestrian Underpass" with a clearance of 2.5 meters and "Local Motor Vehicle Underpass" with a clearance of 3.2 meters are structures serving people, non-motorized vehicles, and local motor vehicles to cross over the La Gia - Hoa Lac road to avoid direct crossing on the road surface.

7. "Motor Vehicle" refers to vehicles equipped with engines such as trucks, buses, cars, specialized vehicles, motorbikes, etc.

8. "Non-Motorized Vehicle" refers to vehicles without engines such as bicycles, handcarts, animal-drawn carts, rickshaws, three-wheeled carts, cyclos.  

Chapter 2:

EXPLOITATION AND USE

Article 5: Regulations on the use of motor vehicle lanes

1. Motor vehicle lanes are exclusively for vehicles with engines operating in the specified direction.

2. Motor vehicles must drive within the designated lanes and must not run their wheels over the longitudinal painted lines dividing the lanes, except when overtaking or turning. After overtaking, vehicles must return to the designated lane.

3. For the section from Km 0 to Km 2 + 174, which is a second-class city road with two lanes for motor vehicles in one direction, all types of trucks, buses, container-carrying vehicles, specialized vehicles, and slow-moving motorized vehicles such as motorcycles, motorbikes... must only travel in the right lane of the direction of travel (Lane 1) and must not enter Lane 2 (the left lane of Lane 1) except when overtaking.

Lane 2 is reserved for cars with higher speeds and for other vehicles to overtake each other when conditions permit.

4. When a motor vehicle encounters a malfunction while driving on the road, the driver must immediately move the vehicle to the roadside and signal to stop. Subsequently, they must quickly repair the vehicle or tow it away to promptly clear the motor vehicle and non-motorized vehicle lanes and must not affect traffic flow and traffic order and safety.

5. The maximum speed limit for motor vehicles on the road outside cities, towns, and market towns does not exceed 80 km/h and must comply with the speed limit signs on the road.

Article 6: Regulations on the use of non-motorized vehicle lanes

1. From Km 0 to Km 2 + 174: Pedestrians must walk on the sidewalk; Non-motorized vehicles must travel in the lane defined between the longitudinal painted line on the road surface separating the motor vehicle lane and the sidewalk.

2. For sections without a non-motorized vehicle lane but with reinforced shoulders (Km 2 + 174 to Km 30 + 030), non-motorized vehicles and pedestrians may travel on the reinforced shoulder (considered as a non-motorized vehicle lane). Between the motor vehicle lane and the reinforced shoulder, there is a painted line (road edge); Strictly prohibited for motorized vehicles to enter or park in the non-motorized vehicle lane.

Article 7: Regulations on the use of crossing roads

1. At points where the central median strip is opened to form a crossing road and within the scope of intersections, all types of motorized vehicles, non-motorized vehicles, and pedestrians are allowed to cross the road but must comply with traffic signs and signals.

2. Motor vehicles wishing to turn around must do so at the designated location (indicated by signs).

3. Pedestrians and animal herders when crossing the road must follow designated paths such as sidewalks, pedestrian underpasses, and painted markings.

4. When crossing at level crossings, one must observe carefully and only proceed if it is safe to do so.

 Chapter 3:

TRAFFIC ORDER AND SAFETY

Article 8: Road traffic signs system.

1. Traffic signs, directional signs, kilometer posts, etc., must be fully installed on the roads. Particularly at densely populated areas, industrial zones, schools, etc., there must be clear traffic signs, lane markings, and reflective paint on the roads. At the top of signposts, reflective plates or reflective paint must be attached.

2. All entities participating in traffic on the La Gia - Hoa Lac route must comply with regulations concerning traffic signs, directional signs, painted markings, and signals from traffic controllers.

3. Drivers of motor vehicles must proactively reduce speed when approaching areas marked with town centers, densely populated areas, level crossings...

Article 9: All drivers operating on level crossings must yield right-of-way to vehicles on the La Gia - Hoa Lac route (except for vehicles entitled to priority according to regulations). Drivers operating on level crossings must come to a complete stop and ensure safety before merging with traffic on the La Gia - Hoa Lac route.

Article 10: Safety regulations for motor vehicle lanes and non-motorized vehicle lanes

1. Drivers of buses and coaches may not arbitrarily stop to pick up or drop off passengers on the motor vehicle lane. They must stop and park in designated areas (indicated by directional signs) outside the motor vehicle lane.

2. It is prohibited for any vehicles to travel against the flow of traffic on designated lanes. Non-motorized vehicles are forbidden from entering the motor vehicle lane and vice versa.

3. It is strictly prohibited to use the non-motorized vehicle lane and sidewalk as storage areas for construction materials, setting up stalls, holding markets, or engaging in other activities that affect traffic order and safety.

4. It is forbidden to allow cattle, buffalo, and other animals to roam freely on the road.

5. It is prohibited to dry straw or any other items on the road, median strips, sidewalks, and other bridge and road facilities.

6. It is strictly prohibited to use median strips, signposts, sidewalks, and other bridge and road facilities for advertising, displaying goods, obscuring, or detracting from the aesthetics of traffic safety facilities.

7. Strictly forbidden is the use of the La Gia - Hoa Lac route for illegal racing, practicing driving cars, bicycles, motorcycles.

Article 11: Protection of bridges, roads, traffic safety equipment, and the environment.

1. Any acts causing damage to bridges, roads, and traffic safety equipment on the road are strictly prohibited. If there are acts of theft, unauthorized dismantling, damage, reduction in lifespan, or impairment of the effectiveness of bridges, roads, and traffic safety equipment, they will be dealt with according to the provisions of the law.

2. Unauthorized acts of breaking through median strips to create arbitrary pathways are strictly prohibited. Jumping over median strips to cross the road is not allowed. If the placement of median strips is deemed inappropriate, one must propose to the competent authority responsible for managing bridges and roads to address the issue of closing or opening them.

3. The transportation environment needs to be maintained and pollution reduced. It is strictly prohibited for drivers of trucks transporting materials, soil, rocks, waste, etc., to spill them onto the road.

Article 12: Protective strip for the La Gia - Hoa Lac route

1. The scope of the protective strip for the road according to Decree 172/1999/ND-CP dated December 17, 1999 of the Government, along the La Gia - Hoa Lac route on the right side of the route is 20 meters from the base of the embankment or from the edge of the top of the excavated roadbed, while the protective strip on the left side of the route is calculated from the base of the embankment or from the edge of the top of the excavated roadbed (Phase 1) to the protective strip marker of the completed La Gia - Hoa Lac expressway (after Phase 2 completion).

2. The protective strip for the road passing through urban areas is the width of the sidewalk of the street as approved by the competent authority.

3. Within the protective strip for the La Gia - Hoa Lac route

- Strictly implement the provisions of Decree 172/1999/ND-CP of the Government.

- Construction of houses, stalls, warehouses, temporary or permanent structures is not permitted.

Chapter 4:

REGULATIONS ON MANAGEMENT RESPONSIBILITY

Article 13: Relevant state management agencies and local authorities (communes, wards, districts, counties, towns, provinces, cities) where the La Gia - Hoa Lac route passes, depending on their functions and responsibilities, have the duty to manage, inspect, supervise, and handle organizations and individuals violating regulations according to the law.

Article 14: Units directly managing the La Gia - Hoa Lac route have the responsibility:

1. To manage and protect the system of bridges, roads, and traffic safety equipment that have been constructed and installed (including boundary markers, pedestrian underpasses, and underpasses for local motor vehicles). Management must be based on completion records compared with actual conditions.

2. To regularly or randomly inspect works, especially bridges and culverts, to identify damages and losses and take repair measures. Inspection results must be updated in ledgers or computer systems.

3. To strictly implement maintenance and regular repair systems.

4. To maintain a routine patrol system to promptly detect violations. Immediate measures must be taken to halt activities damaging the works, traffic safety, and environmental pollution on the La Gia - Hoa Lac route.

5. To rigorously check all overloaded vehicles through weight stations. Timely legal action must be taken against offending drivers.

6. To collect tolls at toll stations according to the decision of the competent state management agency. Toll stations must adopt appropriate measures to facilitate traffic participants, maximize revenue without omission. Negative phenomena must be resolutely addressed. Toll collection must not cause traffic congestion.

7. To cooperate with functional agencies of Ha Tay Province and Hanoi City in promoting and educating people to comply with legal regulations and traffic safety rules on the La Gia - Hoa Lac route.

Article 15: The units managing national roads shall be responsible for coordinating with traffic police and local authorities along the Lang-Hoa Lac road to ensure the management and exploitation of the Lang-Hoa Lac road in accordance with this Regulation and relevant laws. Specifically:

1. Coordinate with traffic police in organizing traffic control and guidance on the road; patrolling, inspecting, detecting, and handling violations related to traffic order and safety, particularly vehicles traveling against the designated direction, exceeding speed limits in areas requiring reduced speed, random parking, lack of safety equipment; resolving incidents affecting traffic order and safety to ensure they do not impact traffic flow such as traffic accidents, traffic congestion, especially at large industrial zones, schools, churches, and places with high pedestrian traffic.

2. Coordinate with local authorities in promoting, mobilizing, reminding, and educating local residents to comply with the regulations to effectively utilize and exploit the Lang-Hoa Lac road while ensuring traffic safety for all parties, preventing and reducing traffic accidents; implementing measures to protect infrastructure and equipment on the road; properly managing access roads and protective strips of the Lang-Hoa Lac road; protecting the landscape and environmental hygiene; promptly handling violations according to the provisions of the law.

Chapter 5:

REWARD AND VIOLATION HANDLING

Article 16: Organizations and individuals who achieve outstanding results in the work of managing and protecting transportation infrastructure and ensuring traffic safety on the Lang-Hoa Lac road shall be rewarded according to the general state system.

Article 17: Organizations and individuals who violate the provisions of this Regulation shall be subject to handling according to the provisions of Decree 49/CP dated July 26, 1995, and Decree Supplement No. 78/1998/NĐ-CP dated September 26, 1998, issued by the Government. In cases of serious violations, criminal responsibility may be pursued according to the law.

(The annex attached includes excerpts of administrative penalty provisions for violations and fines according to Decree 49/CP, Decree No. 78/1998/NĐ-CP, and Decree No. 172/1999/NĐ-CP).