Circular No. 35/2017/TT-BGTVT Amending and Supplementing Certain Articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government on the management and protection of road traffic infrastructure.

CIRCULAR

Amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding certain provisions of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, on management and protection of road traffic infrastructure.

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Pursuant to the Road Traffic Law promulgated on November 13, 2008; road /

Decree No. 12/2017/NĐ-CP dated 1October 0Ministry of National Defenseamendm 2017 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

Pursuant to DecreeDecree No. 149/2016/NĐ-CP dated November 11, 2016 amending and supplementing Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of some provisions of the Law on Prices;2010/NĐ-CP dated February 24, 2010, of the Government on management and protection of road traffic infrastructure;

Pursuant to Government Decree No. 100/13/NĐ-CP dated September 3, 2020,13 of the Government amending and supplementing some articles of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, on management and protection of road traffic infrastructure; reason and protection of road traffic infrastructure;

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on management of construction project quality and maintenance;

At the proposal of the Director of the Department of Road Infrastructure and the Director General of the Vietnam Highway Administration;

The Minister of Transport hereby issues this Circular. to amend and supplement some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding certain provisions of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, on management and protection of road traffic infrastructure.

Article 1. Amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding certain provisions of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, on management and protection of road traffic infrastructure

1. Amend and supplement Article 6 as follows:

"Article 6. The airspace protection zone for road works

1. The resolution of existing works within the land area allocated for roads shall be carried out in accordance with Article 44 of Government Decree No. 11/2010/NĐ-CP and related regulatory documents.

2. The airspace protection zone for road works (measured vertically) is defined as follows:

a) For roads, it is at least 4.75 meters measured from the highest point of the road surface upwards vertically;

For expressways, the airspace protection zone shall be implemented according to the design standards for expressways;

b) For bridges, it is the limit from the highest structural part of the bridge but not less than 4.75 meters measured from the highest point of the bridge deck (driving surface) upwards vertically;

c) The height of communication lines above the road must ensure a minimum vertical distance from the highest point of the road surface to the lowest point of the line not less than 5.50 meters;

d) The height of power transmission lines above the road must ensure a minimum vertical distance from the highest point of the road surface to the lowest point of the power transmission line not less than 4.75 meters plus the safe discharge distance according to the voltage level as prescribed by laws on electricity.".

2. Amending and supplementing the name, Clause 2, and Clause 4 of Article 7 as follows:

a) Amend the name of Article 7 as follows:

“Article 7. Safe distance of roads horizontally and vertically from essential works”

b) Amending Clause 2 of Article 7 as follows:

“2. The horizontal safe distance of roads from the columns of essential works must ensure the following minimum distances:

a) The distance from the base of telecommunication antenna towers, communication lines, power transmission lines to the base of the embankment or the edge of the top of the excavated road as stipulated in Article 23 of Government Decree No. 11/2010/NĐ-CP, except for cases specified in point b of Clause 2 of this Article;

b) In cases where roads pass through areas with complex terrain, high mountains, deep valleys, areas without construction land, and national highways passing through urban areas, the horizontal safe distance of roads from telecommunication antenna towers, communication lines, power transmission lines, and street lighting poles may be smaller than the distance specified in point a of Clause 2 of this Article but must meet the following requirements simultaneously: the position of the pole must not affect the driver's view and traffic safety; the base of the pole must not be placed on the foundation of drainage systems, guardrails, and retaining walls; the distance from the edge of the road surface to the nearest edge of the foundation of the essential work must not be less than 2.0 meters and the foundation of the essential work must be located outside the drainage ditch and sewer. For power facilities, in addition to the above requirements, they must also ensure electrical safety as prescribed by laws on electricity.

If the distance from the edge of the national highway road surface in urban areas to residential buildings and small civilian structures is less than 2.0 meters, then it is permissible to construct telecommunications cable, street lighting power lines, and power transmission lines with a voltage below 6 kV, but the minimum distance from the outer edge of the essential work to the outer edge of the road surface must not be less than 1.0 meter and the foundation and pole of the essential work must be located outside the drainage ditch and sewer and must not affect the driver's view, traffic safety, and the safety of the structure.”.

c) Add Clause 4 of Article 7 as follows:

“4. The underground and underwater safe distance of roads below the ground surface is determined by the competent road management authority for each specific project, in accordance with technical requirements, ensuring traffic safety, structural safety, and not affecting the management and maintenance of roads, but must meet the following requirements:

a) It is not allowed to build essential works under the foundation of bridge, tunnel, culvert, retaining wall structures;

b) For essential works going under the ground within the safe road corridor and the protected and maintained road land, the minimum distance from the ground surface to the highest point of the essential work or its protective parts must not be less than 0.5 meters;

c) The highest point of the essential work (including the outer protective parts) going under the un-reinforced road shoulder must be at least 0.5 meters away from the road shoulder surface vertically;

d) Power transmission lines, communication cables, telecommunications cables, gas pipelines, oil pipelines, chemical pipelines constructed under the road land must be placed in technical boxes or encased in external protective pipes and must ensure load-bearing safety, operational safety, and maintenance.

đ) The construction of power transmission lines, telecommunications, and clean water pipelines under the ground within the median strip of a road shall only be carried out when the following conditions are met simultaneously: there is no longer essential construction land available as stipulated in point b, Clause 2 of this Article; the minimum distance from the outer edge of the essential construction to the curb of the median strip must not be less than 0.5 meters, and it must comply with the provisions set forth in points a, b, and d, Clause 4 of this Article;

e) Underground power transmission lines constructed within the area allocated for roads must comply with the provisions set forth in points a, b, c, d, and đ, Clause 4 of this Article, ensure electrical safety, and install boundary markers and identification signs in accordance with the laws on electricity.

3. Amend and supplement Clause 6 of Article 10 as follows:

“6. It is not allowed to use the space under highway bridges for residential purposes, parking lots, or other commercial services.

For locations under highway bridges that have been approved by competent authorities to temporarily serve as parking lots before the effective date of this Circular, upon expiration of the temporary usage period, the organizations or individuals granted the right to use such spaces shall be responsible for restoring the original condition and transferring the premises back to the road management authority. The road management authority shall be responsible for inspecting, supervising, and accepting the transferred premises from the organizations or individuals.

In cases where the temporary usage period for parking lots expires and the organizations or individuals granted temporary usage rights fail to restore the original condition, the road management authority shall handle the matter within its jurisdiction and notify the People's Committees at all levels to organize forced eviction in accordance with the regulations.”

"2. The Director of the Department of Police Administration for Social Order Management shall approve requests for searching, exploiting, and providing information and materials in the national identity card archives nationwide and requests from foreign agencies and organizations when authorized by the Ministry of Public Security."

“2. The construction of essential works, the construction and renovation of traffic junctions, and connection points within the scope of dedicated roads managed and operated by organizations or individuals shall be decided by such organizations or individuals.

5. Amend and supplement point b, Clause 1, point a, Clause 3, point d, Clause 4, Clause 5, and Clause 7 of Article 12 as follows:

a) Amend point b, Clause 1 of Article 12 as follows:

“b) Special technical requirements for projects that cannot be located outside the protective zone of road infrastructure include telecommunication facilities, power facilities, street lighting facilities, water supply, drainage, fuel, gas, natural gas, energy, and chemical facilities.”

b) Amend point a, Clause 3 of Article 12 as follows:

“a) Do not approve pipeline projects supplying energy (petroleum, gas, natural gas), chemical pipelines, or materials that do not meet fire prevention, explosion protection, and corrosion resistance regulations; high-voltage power facilities according to the laws on electricity.

Power facilities may only be installed on bridges if they meet the following requirements: fully implement safety measures in accordance with the laws on electricity, ensure traffic safety, operational safety, maintenance, repair, and renovation of road facilities. The owner or manager of the power facility shall cooperate with the road management authority during the renovation, repair, and maintenance of the power facility and road facilities; address and rectify any incidents (if any).”

c) Amend point d, Clause 4 of Article 12 as follows:

“d) When it is necessary to excavate across a road for the construction of essential works, the following technical requirements must be met: construct tunnels, trenches, technical boxes, and external protective pipes that meet the design standards of the road; the top surface of the tunnel, trench, technical box, or external protective pipe must be at least 0.3 meters below the foundation of the road structure but not closer than 1.0 meter to the road surface; the tunnel, trench, or technical box must provide sufficient space for the installation of essential works and maintenance when necessary, and must have operational and maintenance procedures in accordance with Decree No. 46/2015/NĐ-CP.”

d) Amend Clause 5 of Article 12 as follows:

“5. For cargo conveyors, pipelines, and water supply and drainage facilities serving agriculture and hydropower projects crossing roads, the following requirements must be met:

a) The location of construction must not affect traffic safety and environmental aesthetics; the project must undergo traffic safety and load-bearing capacity reviews; the section crossing the road must be enclosed, ensuring aesthetic appeal and environmental hygiene;

b) Must comply with the height and width regulations specified in this Circular;

c) The design documents for the construction project must be reviewed and approved for structural safety in accordance with the construction laws.”

đ) Amend Clause 7 of Article 12 as follows:

“7. Handling emergencies involving essential works: Upon discovering or receiving information about emergencies involving essential works within the protective zone of road infrastructure, the project investor, owner, or person in charge of managing and using the essential works must immediately take responsibility to resolve the emergency and comply with all relevant legal regulations. If timely resolution is not possible and affects road traffic, the road management authority shall organize the resolution to ensure smooth and safe traffic flow. The project investor, owner, or person in charge of managing and using the essential works shall bear full responsibility and costs for resolving the emergency.”

6. Amend and supplement Article 13 as follows:

“Article 13. Approval for the construction of essential works and simultaneous approval for construction permits for essential works within the protective zone of road infrastructure for operational national highways

1. The Ministry of Transport shall approve the construction of essential works within the protective zone of road infrastructure for expressways.

2. The Vietnam Highway Administration shall approve the construction of essential works in the following cases:

a) New construction, renovation, expansion, or widening of essential works within the protective zone of road infrastructure for operational national highways with a total length exceeding 1 kilometer;

b) Power facilities with voltage levels above 35 kV (excluding overhead power lines crossing national highways where poles are located outside the safe road corridor); water supply and drainage pipelines with diameters over 200 millimeters; hydraulic works, conveyor belts; energy and hazardous chemical pipelines with fire and explosion risks, metal corrosion; construction projects for bridges and culverts cutting across national highways;

c) Construction of essential works related to the management scope of two or more directly managing agencies of national highways;

d) Construction of essential works installed on bridges with a total length of the main span exceeding 100 meters, and highway tunnels.

3. The Highway Administration Department and Provincial Departments of Transport shall approve the construction of essential works, approving such construction simultaneously with the issuance of construction permits for essential works as follows:

a) Construction of essential works related to national highways under their management, except in cases stipulated in Clause 1 and Clause 2 of this Article;

b) Approving simultaneous construction of essential works with the issuance of construction permits for essential works applies to repair projects of essential works within the protection zone of operational national highway traffic infrastructure; overhead power lines, telecommunications lines with poles located outside the safe road corridor but must comply with regulations on airspace protection zones and horizontal safety distances along roads as prescribed in Decree No. 11/2010/NĐ-CP and this Circular.

4. Documents for requesting approval to construct essential works, and simultaneous approval to construct essential works with the issuance of construction permits for essential works:

a) Application form for construction of essential works within the scope of protection of road traffic infrastructure structures according to Model 1 attached to this Circular;

b) One set of project investment design documents or technical design and construction drawing documents of the works containing the following information: location, kilometer marker of the road where the essential work is constructed; dimensions of the essential work on the road plan and within the road land area; vertical distance from the essential work above or below to the surface of the road work; horizontal distance from the pole, line, pipeline, or other parts of the essential work to the outer edge of the longitudinal drain, edge of the carriageway, or outer edge of the road.

For essential works constructed within the median strip of the road, there must be information about the vertical distance from the essential work to the ground and from the essential work to the outer edge of the median strip.

Essential works constructed through bridges, tunnels, or other complex road works must have a report on the design review results.

c) In cases of simultaneous approval to construct essential works with the issuance of construction permits, the application and documents as prescribed in Clause 2 of Article 14 of this Circular.

5. The procedure for implementation shall be carried out in accordance with the provisions of Article 19 of this Circular.

6. Time limit for resolution:

a) For documents requesting approval to construct essential works: within 7 working days from the date of receipt of complete documents as prescribed;

b) In cases of simultaneous approval to construct essential works with the issuance of construction permits, the processing time is as prescribed in Clause 4 of Article 14 of this Circular.

7. The approval document for constructing essential works and simultaneous approval to construct essential works with the issuance of construction permits is valid for 18 months from the date of issuance; if it exceeds 18 months, extension procedures must be carried out. Extension procedures are as follows:

a) An application for extending the approval to construct essential works by the project owner according to the form attached as Appendix 2 to this Circular;

b) Processing time: within 5 working days from the date of receipt of the extension application as prescribed;

c) Extension period: only one extension may be implemented, with a duration not exceeding twelve months;

d) The procedure for implementation shall be carried out in accordance with the provisions of Article 19 of this Circular.”

7. Amend and supplement Article 14 as follows:

"Article 14. Issuance of construction permits for essential works within the protection zone of operational national highway traffic infrastructure 1. The competent authority issuing construction permits is the Highway Administration Department and Provincial Departments of Transport responsible for managing the routes and public-private partnership investment construction, operation, and exploitation routes within their jurisdiction.

2. Documents for requesting construction permits for essential works include:

a) An application for construction permit for the work according to the form attached as Appendix 4 to this Circular.

In cases of simultaneous approval to construct essential works with the issuance of construction permits as prescribed in Point b Clause 3 of Article 13, the application according to the form attached as Appendix 1a to this Circular;

b) Approval document for constructing essential works issued by the competent authority as prescribed in Clause 1, Clause 2, and Point a Clause 3 of Article 13;

c) Two sets of approved construction design drawings and construction organization measures (originals). The construction design drawings should reflect the scale of the work, the components of essential works within the protection zone of the national highway traffic infrastructure, and the contents prescribed in Point b Clause 4 of Article 13; the construction organization measures should reflect the construction methods, safety measures during construction, traffic safety, and traffic organization.

4. The construction permit issuance period shall not exceed 7 working days from the date of receipt of complete documents as prescribed; the period for simultaneous approval to construct essential works with the issuance of construction permits shall not exceed 10 days from the date of receipt of complete documents as prescribed.

3. The procedure and method of implementation are as prescribed in Article 19 of this Circular.

5. The competent authority issuing construction permits for essential works as prescribed in Clause 1 of this Article shall be responsible for inspecting, evaluating, participating in acceptance, and confirming completion of warranty for the restoration of traffic infrastructure due to construction and repair of essential works."

8. Amend and supplement the name, Point d Clause 1, Point d Clause 2 of Article 15 as follows:

8. Amend and supplement the name, Point d Clause 1, and Point d Clause 2 of Article 15 as follows:

a) Amend the name of Article 15 as follows:

“Article 15. Responsibilities of the project investor, owner, or person entrusted with managing and using essential works”.

b) Amend Clause 1 of Article 15 as follows:

"1. Responsibilities of the project investor, owner, or person entrusted with managing and using essential works:"

c) Supplement Point d of Clause 1 of Article 15 as follows:

"d. The project investor constructing essential works shall be responsible for repairing the restoration items to the construction permit issuing authority; at the same time, must stipulate in the contract with the construction contractor of essential works the obligation to implement quality warranty for the restoration items of road works; the warranty period, warranty amount, and other requirements for warranty shall be carried out according to the provisions of Articles 35 and 36 of Decree No. 46/2015/NĐ-CP. The warranty amount can only be paid to the construction contractor of essential works after receiving a confirmation document from the project investor and the road management agency that has issued the permit."

d) Amend Clause 2 of Article 15 as follows:

"2. Responsibilities of the owner or person entrusted with managing and using essential works:"

đ) Amend Point d of Clause 2 of Article 15 as follows:

"d. Implement the request for a construction permit when repairing essential works if it affects traffic safety, the durability of road works according to the provisions of Article 14 of this Circular."

9. Amend and supplement Clause 1, Clause 7 of Article 20 as follows:

a) Amend Clause 1 of Article 20 as follows:

"1. Branch roads connecting to national highways include:

a) Provincial roads, district roads, commune roads, urban roads;

b) Special-purpose roads including: forest roads, mining roads, construction service roads, industrial zone roads;

c) Collector roads, roads connecting from collector roads;

d) Access roads leading to fuel stations, direct connections from individual facilities."

b) Supplement Clause 7 of Article 20 as follows:

"7. The General Department of Roads of Vietnam approves the technical design and traffic organization plan at the connection point to the collector road belonging to national highways managed by the Ministry of Transport. The connection to the collector road does not need to comply with the minimum distance requirement between two connection points and does not require planning agreement."

10. Amend and supplement Clause 1, Point a of Clause 2, Points a, c, d, đ of Clause 3, Clause 4 of Article 21 as follows:

 a) Amend and supplement Clause 1 of Article 21 as follows:

 "1. The minimum distance between two connection points to national highways specified in Clause 1 of Article 20 within urban areas is determined according to the urban traffic planning approved by competent state authorities."

b) Amend and supplement Point a of Clause 2 of Article 21 as follows:

"a) For national highways without median strips, the distance between adjacent connection points on the same side along the highway is determined according to the planning level of the highway section, specifically as follows: for Class I and II roads, not less than 5,000 meters, for Class III roads, not less than 1,500 meters, for Class IV and below roads, not less than 1,000 meters;"

c) Repeal Point c of Clause 2 of Article 21.

d) Amend and supplement Point a of Clause 3 of Article 21 as follows:

"a) In urban areas: according to the urban planning approved by competent state authorities;"

đ) Supplement Points c, d, đ of Clause 3 of Article 21 as follows:

"c) For cases where fuel stations are located outside urban areas but adjacent to urban areas, the minimum distance between two adjacent fuel stations on the same side shall be applied as the regulation for non-urban areas and calculated from the nearest fuel station in the urban area;

d) For sections of national highways running parallel and adjacent to railway lines, rivers, valleys, the minimum distance between two adjacent fuel stations shall be applied as the regulation for roads with median strips;

đ) For fuel stations planned near or coinciding with the connection point of another branch road, they must be adjusted so that only one connection point exists at that location, prioritizing the connection point of the existing work or sharing;"

e) Amend and supplement Clause 4 of Article 21 as follows:

"4. In areas with terrain where the highway corridor is divided such as high mountains, deep valleys, rivers, streams, and other obstacles making relocation difficult; works serving security, defense, and important works for local socio-economic development, the distance between two connection points must be approved by the Ministry of Transport and meet the following technical conditions:

a) Ensuring geometric parameters at the connection point, complying with current design standards and regulations;

b) Ensuring traffic safety and appropriate traffic organization according to actual conditions at the connection point."

11. Amend and supplement Clause 2 of Article 22 as follows:

"2. Provincial People's Committees are responsible for organizing the preparation and review of planning for connection points of branch roads to national highways within their province, sending to the Ministry of Transport for agreement according to regulations. Planning for connection points may be carried out for all national highways or separately for each national highway passing through the province."

12. Amend the title of Article 26 as follows:

"Article 26. Approval of Design and Traffic Organization Plan for Interchange Connection Points to National Highways".

13. Amend Clause 2 of Article 29 as follows:

"2. Fuel stations along national highways that have been constructed and exist according to the approval of competent authorities before the state regulations on management and protection of road infrastructure and planning for the development of fuel retail systems were established, may continue to operate but the locality must complete the adjustment of planning according to regulations or remove them by December 31, 2020.

For self-built fuel stations illegally connected to national highways or located within the safe road corridor, the provincial People's Committee shall instruct relevant agencies to examine and handle according to the law."

14. Issue Appendix 1a, a sample application form for simultaneous approval of construction and construction permit for essential works within the scope of road infrastructure protection, together with this Circular.

Article 2. Effective Date

1. This Circular takes effect from December 1, 2017.

2. The referenced Circulars herein shall be applied according to the amended, supplemented, or replaced texts thereof if there are any amendments, supplements, or replacements.

Article 3. Implementation Organization

The Head of the Ministry’s Office, the Head of the Ministry’s Inspectorate, the Heads of the Ministries’ Departments, the Chairpersons of the Provincial People's Committees, the Directors of the Vietnam Highway Administration General Department, and the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.