Circular No. 37/2018/TT-BGTVT on management, operation, exploitation, and maintenance of road works

CIRCULAR

Regulations on management, operation, exploitation, and maintenance of road works 

Pursuant to the Road Traffic Law No. 23/2008/QH12;

Pursuant to the Construction Law No. 50/2014/QH13;

Pursuant to the Government Decree No. 12/2017/NĐ-CP dated February 10, 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 the Government Decree No. 46/2015/NĐ-CP dated May 12, 2015;of the Government on quality management and maintenance of construction works;

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

Pursuant to the Government Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, exploitation, and maintenance of expressways;

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

The Minister of Transport hereby promulgates this Circular on management, operation, exploitation, and maintenance of road works,

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates on management, operation, exploitation, and maintenance of road works.

2. This Circular applies to organizations and individuals related to the management, operation, exploitation, and maintenance of road works within the territory of Vietnam.

2. Maintenance process of road works is a document specifying the procedures, contents, and guidelines for implementing maintenance tasks of road works.

3. Central road system includes national highways and other road routes under the management of the Ministry of Transport.

4. Local road system includes provincial roads, district roads, commune roads, urban roads, and other roads under the management of the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as Provincial People's Committee), People's Committees of districts, towns, and cities directly governed by provinces (hereinafter referred to collectively as District People's Committee), and People's Committees of communes, wards, and towns (hereinafter referred to as Commune People's Committee).

6. Road project enterprise investing in construction and management of road works is a public-private partnership (PPP) enterprise and an enterprise assigned by the State to invest in construction, manage, and exploit road works.

7. Owner of road works is an individual or organization having ownership rights over road works according to the provisions of the law.

8. Contractor for maintenance of road works is an organization or individual implementing management, operation, exploitation, and maintenance of road works pursuant to contracts signed with the direct managing agency of the road works or the agency assigned by the State to manage the maintenance project of road works. Contractors for maintenance of road works include: management contractors, regular maintenance contractors, operation and exploitation contractors of road works; construction contractors for repairs, and other contractors participating in implementing maintenance tasks of road works.

9. Manager and user of road works is the owner of road works when the owner directly manages and uses the road works, or an organization or individual authorized by the owner of road works to manage and use the road works when the owner does not directly manage and use the road works.

Manager and user of road works managed by the State is the direct managing agency of the road works or the agency or unit assigned by the central government agencies, Provincial People's Committee to directly manage the road works; enterprises assigned by the State to construct and manage the operation and exploitation of road works; enterprises in the PPP project period managing and exploiting road works according to the PPP project contract; manager and user of dedicated road works is an organization or individual owning dedicated road works.

Article 3. Requirements for Management, Operation, and Maintenance of Road Construction Projects

1. When road construction projects are put into operation and use, they must be managed, operated, and maintained in accordance with the laws on quality management and maintenance of construction works, traffic laws on roads, and the provisions of this Circular.

2. The maintenance of road construction projects must be carried out in accordance with the maintenance procedures, technical standards, and regulations on the maintenance of road construction projects published by competent authorities for application.

3. Procedures for managing, operating, and maintaining road construction projects shall be established in accordance with the parts of the project, equipment installed in the project, type of project (road, bridge, tunnel, ferry terminal, pontoon bridge, and other works), level of the project, and purpose of use.

4. The management, operation, and maintenance of road construction projects must ensure the longevity of the project, guarantee safe and smooth traffic, safety for people and property, project safety, fire prevention and explosion protection, and environmental protection.

a) Civil works and urban infrastructure technical facilities shall comply with the laws on civil works, industrial building materials works, and urban infrastructure technical facilities;

Article 4. Contents of Maintenance of Road Construction Projects

1. Inspection of Road Construction Projects

2. Monitoring of Road Construction Projects

a) Monitoring of road construction projects involves tracking, measuring, and recording changes in geometry, deformation, displacement, and other technical parameters of the project and its surrounding environment over time;

c) Components requiring monitoring include the main load-bearing structures of the project that, if damaged, could lead to project collapse (bridge spans; high piers and columns of bridges; tower columns of suspension bridges; tunnel shells);

d) The contents of monitoring for projects specified in Appendix I issued together with this Circular are defined in the maintenance procedures, including: monitoring locations, monitored parameters, and their limit values (tilt, settlement, crack, displacement, deflection), monitoring duration, number of measurement cycles, and other necessary contents.

e) Before conducting monitoring, the contractor must conduct surveys, develop a monitoring plan, quantity, and requirements for monitoring to ensure the objectives and requirements of the monitoring. The monitoring plan must be consistent with the monitoring contents, specifying the measurement methods, measuring equipment, layout diagrams, and structure of monitoring points, organization of implementation, data processing methods, and other necessary contents.

The monitoring contractor must carry out monitoring according to the approved monitoring plan and report the results to the manager and user of the road construction project. Monitoring data must be compared and evaluated against the limit values set by the design and construction contractor or technical standards and regulations.

If monitoring data exceeds permissible limits or shows abnormal signs, the manager and user of the road construction project must organize an assessment of load-bearing safety and operational safety during operation and take timely measures.

a) Regular inspections according to the approved maintenance procedures for projects as stipulated in point a, Clause 5, Article 40 of Decree No. 46/2015/ND-CP;

b) When discovering defects in some components of the project, signs of danger, or non-compliance with safety requirements for operation and use as stipulated in point b, Clause 5, Article 40 of Decree No. 46/2015/ND-CP; or when project monitoring results exceed permissible limits or require an assessment of load-bearing safety and operational safety due to other abnormal signs.

c) When there is a request to assess the current quality status of the works for the purpose of establishing maintenance procedures for works that have been put into use but do not yet have maintenance procedures as prescribed in point c, Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP;

d) When it is necessary to have a basis for deciding to extend the service life of works for those works that have reached their design lifespan or to serve as a basis for the renovation and upgrading of works as prescribed in point d, Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP;

đ) When there is a request from the competent state management agency on construction as prescribed in point đ, Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP.

a) Regular repair of road works including repairing damages or replacing parts of the works and installed equipment that are damaged, carried out regularly as stipulated in the maintenance procedure;

b) Emergency repair of road works shall be carried out when parts of the works or the works themselves are damaged due to sudden impacts such as wind, typhoon, flood, earthquake, collision, fire, and other sudden impacts, or when parts of the works or the works show signs of deterioration affecting the safety of use, operation, and exploitation of the works. Emergency repairs due to typhoons, floods, and storms shall be conducted in accordance with the regulations of the Minister of Transport on prevention, protection against, and recovery from typhoons, floods, and storms in the road sector.

Article 5. Responsibilities for managing, operating, and maintaining road works

a) Organizing the management, operation, and maintenance of central road systems under the jurisdiction of the Ministry of Transport;

Temporarily suspending the fee collection activities of enterprises investing in construction and managing and operating road works in the central road system in accordance with project contracts if these enterprises fail to manage and maintain the road works properly, causing them to deteriorate and become unsafe for use until the issues are resolved;

đ) Implementing other rights and responsibilities related to the management, operation, and maintenance of road works in accordance with relevant laws;

a) Directly organizing the management, operation, and maintenance of road works for assigned routes, ensuring safe and smooth traffic;

b) Fulfilling the responsibilities of road management agencies as prescribed in Clause 1, Article 14 of this Circular and implementing assigned maintenance plans as prescribed in Articles 18 and 19 of this Circular;

c) Notifying the project investors of road works under their management to request contractors to perform warranty work for road works within the warranty period;

d) Handling violations concerning the management, protection, operation, use, and maintenance of road works within its authority or recommending competent state agencies to handle such violations;

đ) Fulfilling the rights and responsibilities of managers and users in the management, protection, operation, use, and maintenance of road works in accordance with the law;

3. Responsibilities of the Department of Transportation for local road systems

a) Organizing the management, operation, and maintenance of assigned routes;

b) Fulfilling other rights and responsibilities related to the management, operation, and maintenance of road works in the local road system in accordance with the law;

4. Specialized agencies under the People's Committees of districts and communes shall implement the management, operation, and maintenance of roads within their jurisdictions in accordance with the regulations of the provincial People's Committee;

5. Responsibilities of contractors managing, operating, and maintaining road works and other activities related to the maintenance of road works: carrying out the management, operation, and maintenance of assigned road works in accordance with this Circular, technical standards and specifications, maintenance procedures, operational procedures, and signed contracts;

6. Responsibilities of enterprises investing in construction and managing the operation of road works

a) Organizing the management, operation, and maintenance of road works under their management, ensuring safe, smooth, and efficient traffic, and protecting the environment;

b) Shall be responsible before the road management authority and other competent authorities for organizing the management, operation, exploitation, and maintenance of the road works under their control, ensuring safe, smooth traffic flow, and compliance with legal regulations.

Shall comply with inspections, examinations, and handling actions by state agencies with competent authority regarding the fulfillment of their responsibilities for managing, operating, exploiting, and maintaining road works.

7. The owner or manager/user of specialized road works shall be responsible for implementing the provisions set forth in points a and b of Clause 6 of this Article.

8. Responsibilities of the project investor, construction contractor for new investment construction projects, renovation, upgrading, expansion, and repair of road works concerning the maintenance of sections of roads under construction and in use simultaneously.

a) Throughout the implementation period of the project, the project investor and construction contractor shall be responsible for implementing measures to maintain the road works under construction and in use, and implementing measures to ensure traffic safety and traffic supervision according to point a of Clause 1 and point c of Clause 2 of Article 16 of this Circular;

b) When the construction project has been completed but not yet handed over, the project investor and construction contractor shall be responsible for planning and implementing the maintenance of the road works until they are handed over to the road management authority, the owner, or the manager/user of the road works;

c) Upon handing over the completed works, the project investor shall be responsible for handing over the maintenance documentation of the works according to Article 11 of this Circular, a list of equipment, spare parts, reserve materials, and other necessary documents related to the road management authority, the owner, or the manager/user of the road works;

d) During the warranty period of the works, the project investor, construction contractor, and equipment supplier shall be responsible for warranty services for the works in accordance with the legal regulations on quality management and maintenance of construction works;

đ) Shall comply with inspections, examinations, and handling actions by the road management authority and state agencies with competent authority regarding the implementation of the provisions of this Circular.

Chapter 2
MAINTENANCE PROCEDURES AND OPERATING EXPLOITATION PROCEDURES FOR ROAD WORKS

Article 6. Responsibility for establishing maintenance procedures for road works

1. For new investment construction projects, renovation, and upgrading of road works

a) The technical design contractor (for three-step design projects), the construction drawing design contractor (for one or two-step design projects) shall be responsible for establishing and handing over to the project investor the maintenance procedure for the works and its components designed by themselves together with the design documentation; updating the maintenance procedure to align with any changes in the design during the construction process before the acceptance of the work component or the construction project put into use;

c) In cases where the design contractor and equipment supply contractor as stipulated in points a and b of this clause cannot establish the maintenance procedure, the project investor shall hire a consulting organization with the required qualifications as prescribed by law to establish the maintenance procedure and bear the cost of consultancy.

2. For works currently in use without established maintenance procedures, the owner or manager/user of the works shall be responsible for organizing the establishment of maintenance procedures for road works.

3. It is not mandatory to establish separate maintenance procedures for individual road works at level III or lower and temporary works. The owner or manager/user of the works still must carry out maintenance of road works in accordance with this Circular and legal regulations on quality management and maintenance of construction works.

4. In cases where there are technical standards for maintenance or similar maintenance procedures applicable to the works, the owner or manager/user of the works may apply such technical standards or procedures to the works without the need to establish separate procedures.

Article 7. Content and basis for establishing maintenance procedures for road construction projects

2. The bases for establishing the maintenance procedure for road construction projects include:

a) Technical standards applicable to the project;

b) Maintenance procedures of similar projects (if available);

c) Design documents (including adjusted design documents, if available), technical guidance for construction works;

d) Manufacturer's instructions, supply and installation guidelines for equipment in the project;

đ) Natural conditions at the construction site;

e) Other necessary documents.

3. For projects that have been handed over for use but do not yet have maintenance procedures, in addition to the provisions of Clause 2 of this Article, the establishment of maintenance procedures must also be based on completion documents, as-built drawings, and the actual operational capacity of the project.

Article 8. Approval of maintenance procedures for road construction projects

1. For new investment construction, renovation, upgrading, and expansion projects of road construction, the approval of maintenance procedures shall be carried out as follows:

2. For projects put into operation as stipulated in Clause 2 of Article 6, the approval authority is as follows:

b) For local road systems, the approval or delegation of approval of maintenance procedures for road construction projects is implemented according to the regulations of the provincial People's Committee;

c) For cases not covered by points a and b of this Clause, the owner or manager of the road construction project bears responsibility for approving the maintenance procedures.

3. Organizations responsible for approving maintenance procedures may hire consultants to review part or all of the maintenance procedures before approval. The cost of hiring consultants for review is implemented in accordance with the laws on quality management and maintenance of construction projects.

Article 9. Adjustment of maintenance procedures for road construction projects during operation and use

1. The adjustment of maintenance procedures for road construction projects during operation and use shall be carried out as follows:

a) The owner or manager/user has the right to adjust the maintenance procedures when discovering unreasonable factors that may affect the quality of the project and impact its operation and use;

b) The contractor who establishes the maintenance procedures has the obligation to modify, supplement, or change unreasonable contents in the maintenance procedures if caused by their own fault and the right to refuse unreasonable requests to adjust the maintenance procedures from the owner or manager/user of the project;

c) The owner or manager/user has the right to hire another contractor with sufficient qualifications to implement modifications, supplements, or changes to the maintenance procedures if the original contractor does not perform these tasks. The contractor implementing modifications or supplements to the maintenance procedures must bear responsibility for the quality of the work they perform;

d) Projects using maintenance technical standards for implementation, when these standards are revised or replaced, the owner or manager/user of the project has the responsibility to implement maintenance according to the revised content.

2. The approval of revised, supplemented, or replaced maintenance procedures is carried out in accordance with Article 8 of this Circular.

Article 10. Operation and Exploitation Procedures for Road Engineering Works

1. Operation and exploitation procedures for road engineering works

a) The operation and exploitation procedures for road engineering works are guidelines and instructions from design consultants, equipment suppliers, and technology that specify the methods, sequence, and content of management, operation, exploitation, and use of the works and installed equipment (including toll collection stations for road projects invested in for business purposes, vehicle weight inspection stations, traffic management and monitoring systems) to ensure that the works are exploited at their designed capacity and functionality, ensuring safety, maintaining the lifespan of the works and equipment according to the design.

b) The content of the operation and exploitation procedures for road engineering works must comprehensively cover regulations on traffic organization, load capacity, speed, vehicle composition, lane arrangement; for ferry terminals, there must be provisions on vehicle positioning on ferries, the sequence of ferry terminal boarding and disembarking, pontoon bridge operation sequences, safety, rescue, fire prevention and explosion control regulations, and other related contents. For toll collection stations for road projects invested in for business purposes, vehicle weight inspection stations, and traffic management and monitoring systems, the content of the operation and exploitation procedures must include regulations on the number of personnel managing and operating the stations, corresponding ranks, equipment, materials, fuel, energy consumption required to ensure normal operation of the stations according to the design.

2. Engineering works that must have operation and exploitation procedures

a) Swing bridges, lifting bridges, bridges using equipment to raise and lower bridge spans;

b) Ferry terminals, pontoon bridges;

c) Road tunnels using ventilation equipment and operational equipment;

d) Toll collection stations for road projects invested in for business purposes;

đ) Fixed vehicle weight inspection stations;

e) Traffic management and monitoring systems;

g) Other engineering works as prescribed by competent state authorities, investment decision-makers, project sponsors, owners, or users of road engineering works.

3. Responsibilities for establishing, approving, and adjusting operation and exploitation procedures for road engineering works shall be carried out in accordance with the maintenance procedures for works as stipulated in Articles 6, 8, and 9 of this Circular.

4. Basis for establishing exploitation procedures includes:

a) Design documents;

b) Functionality, capacity, characteristics, and nature of equipment installed within the works;

c) Manuals, guidance materials, and training materials for operating equipment and works;

d) Regulations on traffic assurance, traffic safety, labor safety, and environmental protection;

d) Other necessary contents.

5. Adjustments to operation and exploitation procedures for road engineering works shall be carried out similarly to the provisions in Article 9 of this Circular.

Article 11. Documents for Managing, Operating, Exploiting, and Maintaining Road Engineering Works

1. Documents for managing, operating, exploiting, and maintaining road engineering works include:

a) Decisions approving investment projects and feasibility studies for construction investments or economic-technical reports for construction investments, technical design approvals, construction drawing design approvals; notifications of results from inspections conducted by competent authorities in accordance with laws on construction, relevant inspection records related to construction investment projects and completion inspection records for works put into exploitation and use; handover records; survey tasks and construction work survey result reports; monitoring, measurement, quality testing, structural load-bearing capacity testing (if applicable) during construction, lists of spare parts, components, and materials;

b) Construction drawings confirmed by the project sponsor (with attached lists) and changes made during construction;

c) As-built drawings (with attached lists); elevation marks, coordinates (if applicable); electronic storage files (if applicable);

d) Equipment and technological equipment files; user and operation manuals for equipment and production lines installed in the works (if applicable);

đ) Files of boundary markers compensated for land clearance; land use right certificates for infrastructure facilities serving the management of road engineering works (if applicable); road safety zone marker systems, road land markers;

e) Safety traffic review and approval documents (if applicable);

g) Maintenance procedures; operation and exploitation procedures for works;

h) Traffic organization documents (if applicable); accident resolution documents (if applicable);

i) Initial condition files (condition "0") of bridge and tunnel works (if applicable);

k) Weekly road logs, bridge and tunnel history files, road registration files, straightened maps; statistical reports on the exploitation status of road engineering works; video and photographic recordings of the works' conditions;

l) Violation handling records and documents concerning road safety zones, road transport infrastructure (if applicable);

m) Documents related to inspections, certifications, monitoring, repairs, and other management, operation, exploitation, and maintenance activities of road engineering works;

n) Vehicle counts on roads, ferry traffic volumes, pontoon bridge traffic volumes.

2. Responsibilities for preparing, providing, and receiving documents during the construction phase to serve the exploitation and maintenance of road engineering works are as follows:

a) For newly constructed, renovated, expanded, and widened road engineering works, and road engineering works repair projects, the project sponsor shall organize the preparation and transfer of documents specified in points a, b, c, d, đ, e, g, h, and point i of Clause 1 of this Article to the owner or user of the works before putting the works into exploitation and use. When transferring, both parties must inspect and confirm the condition of the transferred documents and prepare a list of transferred documents.

b) For highway projects currently in operation, the maintenance contractor and the project management and operation contractor shall be responsible for preparing documentation in accordance with points k, l, m, and n of Clause 1 of this Article. The owner or manager/user of the highway project shall inspect the maintenance contractor and the project management and operation contractor to ensure they fulfill these tasks.

Chapter 3
MANAGEMENT AND EXPLOITATION OF HIGHWAY PROJECTS

Article 12. Management and use of as-built drawings, maintenance procedures, operational procedures, and other documents serving the management, operation, and maintenance of highway projects

1. Responsibilities of the owner or manager/user of the project

a) Retain original copies of as-built drawings, maintenance procedures, operational procedures, and other relevant documents for the management, operation, and maintenance of highway projects;

b) Provide documentation to support management, maintenance, and operational exploitation of the project to the project management and maintenance contractors;

c) Inspect the project management and maintenance contractors to ensure compliance with the provisions of Clause 2 of this Article.

2. Responsibilities of the project management and maintenance contractors: store and use the provided documents for managing, operating, and maintaining the project.

Article 13. Preparation, management, and use of records during the operation and maintenance phase of highway projects

1. Responsibilities of the owner or manager/user of the project

a) Inspect contractors' compliance with the provisions of Clauses 2 and 3 of this Article;

b) Store and use the records and documents specified in Clause 1 of Article 11 of this Circular.

2. Responsibilities of the project management and maintenance contractors

a) Prepare, manage, and update bridge and tunnel history records, road registration files; update and supplement changes in bridge, tunnel, and road conditions into bridge and tunnel history records and road registration files;

b) Create straightened diagrams to monitor road conditions; compile geometric factors, road classes, highway structures, sign positions, and changes during management and exploitation; safety zones; update every three months on violations, violation handling, clearance, and removal of structures violating safety zones; prepare management files for connection points and essential structures within the safety zone;

c) Record weekly road inspections (for roads and bridges, culverts); record operations or logs for tunnel, ferry terminal, floating bridge, rotating bridge, lifting bridge, and other special structures;

d) Report on the management, operation, and maintenance of highway projects;

đ) Prepare, manage, and use other documents according to technical standards and approved maintenance procedures;

e) Establish and update road databases, bridge databases, maintenance histories (routine repairs, emergency repairs, component replacements, structural elements, equipment, and other activities) into project management files;

3. Responsibilities of other contractors

a) Survey and design contractors, construction repair contractors of highway projects shall be responsible for preparing survey tasks, design documents, as-built drawings, and implementing other contents in accordance with laws on investment and construction management and project quality;

b) Inspection, testing, and monitoring contractors shall be responsible for performing tasks as stipulated in Clauses 1, 2, and 3 of Article 4 of this Circular and laws on investment and construction management and project quality.

Article 14. Implementation of management work during the operation and maintenance phase of road construction projects

1. Responsibilities of the road construction project management agency

a) Organize routine inspections on assigned road routes according to regulations stipulated by the Minister of Transport;

b) Implement regulations concerning the management and protection of road traffic infrastructure;

c) Organize the preparation and submission of plans for maintenance using state budget funds in accordance with the law; organize the preparation, review, and approval of economic-technical reports or repair project proposals for road construction projects as prescribed by law; organize the preparation and submission of regular maintenance budgets for road construction projects, tasks and budgets for inspection, monitoring, and quality testing to serve maintenance work for assigned road construction projects; organize bidding, ordering, and signing contracts with contractors to manage and maintain the projects, contractors to operate the projects; implement tasks to assess load-bearing safety and operational safety during exploitation and use; handle projects showing signs of danger that do not ensure safety for exploitation and use; handle projects that have exceeded their operational lifespan but require continued use;

d) Organize supervision of contractors responsible for maintenance and other contractors performing signed contracts;

đ) Supervise project enterprises in managing and operating road construction projects according to legal provisions;

2. Responsibilities of contractors managing, operating, and maintaining road construction projects

a) Organize patrols, inspections, and protection of road traffic infrastructure according to regulations stipulated by the Minister of Transport;

b) Perform other management and protection tasks concerning road traffic infrastructure;

c) Carry out management, maintenance, and operation tasks for road construction projects according to technical standards, maintenance procedures, operation procedures for road construction projects, and signed contracts;

3. Enterprises investing in construction and managing the operation of road construction projects, owners or managers/users of specialized road construction projects shall comply with the provisions set forth in points b, c, and d of Clause 1 of this Article for road construction projects under their management. In cases where enterprises investing in construction and managing the operation of road construction projects undertake the management, operation, and maintenance of road construction projects themselves, they shall comply with the provisions set forth in Clause 2 of this Article;

Article 15. Monitoring and updating the condition of damage and deterioration of road construction projects

1. Responsibilities of the owner or manager/user of the project

a) Regularly inspect road construction projects to promptly identify signs of deterioration and damage to the projects and equipment installed therein as a basis for repairs, maintenance, and other works; evaluate load-bearing safety and operational safety of the projects according to legal provisions on quality management and maintenance of construction projects;

b) Supervise and urge contractors managing, maintaining, and operating road construction projects to fulfill the contents stipulated in Clause 2 of this Article;

c) Update and compile information on damage to projects within the scope of management to develop maintenance plans, report to competent authorities, and organize repairs and rectifications to ensure safe and smooth road traffic;

2. Responsibilities of contractors managing, maintaining, and operating road construction projects

a) Continuously monitor and update the quality status of assigned projects, promptly identifying signs of damage and deterioration of the projects and equipment installed therein;

b) Prepare quarterly reports on the quality status of assigned road construction projects managed and maintained; prepare urgent reports when damage occurs affecting traffic safety and project safety;

c) In cases where enterprises investing in construction and managing the operation of road construction projects undertake the management, maintenance, and operation of road construction projects themselves, they shall comply with the provisions set forth in points a and b of this clause.

Article 16. Traffic organization, traffic assurance duty, vehicle counting, operation and exploitation, handling traffic accidents, and handling incidents of road works

1. Traffic organization

a) For road works under construction and in operation, the project owner and the contractor have the responsibility to implement measures to ensure safe traffic according to the provisions of the Road Traffic Law.

b) The contractor managing, maintaining, and operating road works has the responsibility to carry out traffic organization tasks according to the maintenance procedures, operation and exploitation procedures, relevant technical standards and regulations, and signed contracts.

c) Enterprises investing in construction and managing the operation of road works have the responsibility to organize traffic on sections of road under their management according to the guidance of the road management authority.

d) State agencies with competent authority and road management agencies have the responsibility to inspect organizations implementing the provisions of points a, b, and c of this clause; handle violations (if any) according to the law.

2. Traffic assurance duty

a) Traffic assurance duty must be carried out in the following cases: when incidents occur, landslides, damage to works, and other unusual signs leading to the inability to ensure traffic safety, operational safety, and usage; traffic congestion; construction and repair work on roads in operation.

b) The owner or manager/user of road works has the responsibility to organize traffic assurance duty; inspect contractors managing and maintaining road works to perform traffic assurance tasks.

c) For road works under construction and in operation, in addition to implementing traffic safety measures according to point a of Clause 1 of this Article, the project owner and the contractor have the responsibility to ensure traffic for sections of road under construction with narrowed road surfaces; sections using detour roads, temporary bridges, overpasses, and underpasses; dangerous locations and traffic congestion.

d) State management agencies with competent authority and road management agencies have the responsibility to inspect the organization of traffic assurance duty of related organizations and individuals specified in points b and c of this clause.

3. Vehicle counting

a) Annual vehicle counting according to technical standards, approved maintenance procedures, annual maintenance plans, or upon request from the Ministry of Transport for central road systems, and local authorities' requirements for locally managed routes. The number of counts shall not be less than once every six months; classify vehicles for counting according to road design standards.

b) The owner or manager/user of the road has the responsibility to inspect and supervise contractors to implement point c of this clause; compile and retain vehicle counting data on managed routes; report the results of vehicle counting to the directly superior agency.

c) Contractors managing, maintaining, and operating road works have the responsibility to carry out the following tasks: vehicle counting on roads; record the number of vehicles participating in each ferry trip, the number of ferry trips daily, monthly, quarterly, and annually; report the results of vehicle counting to the owner or manager/user of the road.

d) Enterprises investing in construction and managing the operation of road works have the responsibility to organize vehicle counting for the managed and operated route according to the content stipulated in point c of this clause, and report the results of vehicle counting to the state agency that signed the project contract, the road management agency.

4. The organization of operation and exploitation of ferry terminals, pontoon bridges, tunnels, rotating bridges, auxiliary works, and equipment installed in works (including toll stations for road users in road construction projects for business purposes, weigh-in-motion stations, traffic management and supervision systems) shall be carried out according to technical standards, operation and exploitation procedures, maintenance procedures, and manufacturer instructions.

5. When a traffic accident occurs, the owner of the work, the person managing and using the road work, the contractor managing and maintaining the road work, and organizations and individuals related to the management, operation, and maintenance of the road work must perform the following tasks:

a) Protect the scene, promptly assist victims; notify the police, health services, or the nearest People's Committee, protect the property of the victim; provide accurate information about the accident at the request of the competent authority;

b) Promptly inform the nearest traffic police and road management agency about the traffic accident and the condition of damage to the road work caused by the accident (if any); organize guidance for people and vehicles participating in traffic to pass through the accident area or avoid the accident area if the road work is damaged, affecting operational safety.

a) Classification of incidents, reporting of incidents, resolution of incidents of road works, investigation of incident causes, and incident records shall be carried out according to the provisions of Articles 46, 47, 48, 49, and 50 of Decree No. 46/2015/NĐ-CP;

b) The owner, manager/user of the work, the contractor maintaining the road work, and related organizations and individuals have the responsibility to remedy incidents, implement measures to ensure traffic safety;

1. Road maintenance plans using state budget funds must include information such as the list of projects and items; main quantities and implementation costs; scale and technical solutions for repair and maintenance; time, method of implementation, and priority level. Road maintenance plans shall be prepared according to the form prescribed in Appendix II issued together with this Circular.

Regular maintenance of road works includes tasks according to technical standards for regular maintenance of road works and maintenance procedures; lighting, tunnel operation power, equipment installed in road works.

Periodic repairs of road works include reinforcing shoulders to ensure traffic.

Emergency repairs: handling black spots, potential traffic accident points (including technical solutions such as overpasses, underpasses, ensuring bridge deck width equal to road surface width), or other unusual causes, land clearance (if necessary) to ensure traffic safety.

Other tasks include repairing and inspecting equipment, repairing fixed and mobile weigh station houses, supporting ferry services; inspecting, monitoring, and certifying the quality of road works; establishing procedures and norms for managing, operating, and maintaining road works with special requirements; repairing vehicles and equipment directly serving state management activities related to road maintenance; patrol uniforms; repairing management office buildings; supervising and inspecting road infrastructure, supporting local traffic inspection agencies in performing tasks on delegated national routes (if applicable); supporting vehicle weight inspection work for the Vietnam Highway Corporation; applying technology to serve management and maintenance of road works; overseeing and preserving road works in certain special cases;

b) The content of the maintenance plan using other sources of funding includes the works specified in point a above, excluding: uniform inspection attire; infrastructure traffic inspection activities; support for local traffic inspection authorities to perform tasks on national highways assigned and delegated (if any); support for the vehicle weight inspection work of the General Department of Roads of Vietnam;

Priority tasks include: regular maintenance of road works, operation of ferry terminal works and tunnels using operational equipment; project volumes carried over from the previous year; road works incidents; repairing and supplementing traffic safety assurance works, handling black spots of traffic accidents; repairing weak and narrow bridges; repairing damaged roads that pose traffic safety risks; periodic resurfacing of roads beyond their design life to restore technical criteria (crack severity, roughness index, skid resistance) according to design standards; developing standards and norms for managing, maintaining, and assessing load-bearing capacity of deteriorating bridges that do not meet safe operation and usage requirements, and other necessary tasks.

Priority routes include: expressways; national highways with large transport volumes playing a key role in connecting regions of significant importance for economic and social development, ensuring national defense and security across the country and in key economic zones.

For the local road system, the authority approving the maintenance plan decides on the priority tasks in the annual maintenance plan.

3. Preparation, review, and approval of annual maintenance plans for the central road system using state budget funds

a) Annually, based on the condition of road works, information about the scale and structure of the works, repair and maintenance history, data on routes and road works, technical standards and maintenance procedures, economic-technical norms, priority tasks and route lists as stipulated in point c, Clause 2 of this Article, the Vietnam Highway Corporation shall take the lead, coordinate with the Road Management Agencies and units authorized to manage national highways to prepare and submit to the Ministry of Transport before May 30 the management and maintenance needs for the next year for the central road system using state budget funds.

b) Before June 30 each year, the Ministry of Transport shall approve the management and maintenance needs for the next year; approve the priority tasks and route lists to allow preparation for investment.

c) On the basis of the work and the list of priority routes for investment preparation approved by the Ministry of Transport, the General Department of Roads of Vietnam shall organize the establishment, examination, approval of projects or technical and economic reports on road repair works; approve the budget estimate and other tasks to be completed before October 31 each year.

During the process of establishing, examining, and approving projects or technical and economic reports on road repair works, the General Department of Roads of Vietnam may adjust the scope (length, mileage of the section to be repaired), technical solutions, and supplement traffic safety items without exceeding the budget recorded in the approved list. In cases where it is necessary to ensure load-bearing safety and operational safety, the budget for repairing load-bearing structures (beams, piers, columns) can exceed the approved repair structure budget by no more than 20%.

d) Based on the contents approved under point c of this clause and additional works and lists of routes that are necessary but fall outside the provisions of point b of this clause, the General Department of Roads of Vietnam shall compile and submit to the Ministry of Transport the next year's maintenance plan before November 15 each year. Within fifteen days from the date the competent authority issues or notifies the state budget revenue and expenditure forecast, the Ministry of Transport shall examine and approve the next year's maintenance plan.

4. The need for maintenance according to the financial-budgetary planning period shall be implemented in accordance with the laws on the state budget.

5. The maintenance plan for local road systems using local government budget funds shall be established, examined, and approved in accordance with the provisions of Clause 1 of this Article.

6. Adjustment and supplementation of the maintenance plan for road construction projects funded by state capital

a) In case it is necessary to supplement repair works outside the approved maintenance plan, the General Department of Roads of Vietnam shall submit to the Ministry of Transport for approval the policy, supplementary list of works to be carried out as stipulated in point c of Clause 3 of this Article, and the adjusted and supplemented maintenance plan, which shall be submitted to the Ministry of Transport for approval;

b) For projects using state capital outside the provisions of point a of this clause, they may be adjusted and supplemented during implementation in accordance with the provisions of Clause 3 of Article 39 of Decree No. 46/2015/NĐ-CP.

7. The establishment, examination, and approval of the maintenance plan for road construction projects invested in, managed, and operated by state-owned enterprises under the Ministry of Transport but not through public-private partnership models shall be carried out as follows: the enterprise shall organize the establishment, submit to the Ministry of Transport for examination and approval in cases where state budget funds or funds originating from the state budget are used; the enterprise shall organize the establishment, examination, and approval of the maintenance plan in cases where enterprise capital is used.

8. For road construction projects invested in and managed and operated through public-private partnership models

a) Maintenance work and implementation costs must be specified in the project contract. Before December 31 of the preceding year, the project enterprise shall establish and approve the maintenance plan based on the approved maintenance procedures, the current status of the project as stipulated in Clause 1 of Article 39 of Decree No. 46/2015/NĐ-CP; submit the approved maintenance plan to the competent state agency for supervision. Annual maintenance works and implementation costs in the annual maintenance plan approved by the project enterprise shall not exceed the provisions of the project contract, except in the case provided for in point b of this clause;

b) In cases where it is necessary to adjust and supplement the volume and implementation costs of maintenance work due to force majeure events or when there are maintenance works outside the signed project contract, the project enterprise shall request the competent state agency signing the project contract to consider and agree to supplement in accordance with the provisions of the project contract.

9. The establishment, approval, and adjustment of the maintenance plan for road construction projects not within the scope of the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article shall be carried out in accordance with the laws on quality management and maintenance of construction works.

Article 18. Implementation of the road construction project maintenance plan

1. For the central road system managed by the Ministry of Transport, the implementation of the maintenance plan shall be carried out as follows:

b) In cases where the road construction projects are invested in and managed by state-owned enterprises under the Ministry of Transport, these enterprises shall implement the maintenance based on the approved maintenance plan, technical standards for maintenance, and the approved maintenance procedures.

2. The organization and implementation of the maintenance plan for local road systems shall be carried out according to the regulations of the provincial People's Committees.

3. Implementation of maintenance for road construction projects invested in and managed through public-private partnership (PPP) models

a) The project enterprise shall organize the implementation of maintenance based on technical standards for maintenance, maintenance procedures, project contracts, maintenance plans, and costs, ensuring safe and smooth traffic flow and maintaining the quality of the works.

b) Before implementing the annual maintenance plan, the project enterprise has the responsibility to notify the competent state agency that signed the project contract about the maintenance items, the time frame for maintenance, maintenance costs, traffic organization plans, and other necessary contents.

Prior to repair and replacement of equipment, the project enterprise shall notify the competent state agency signing the project contract about the planned repair and replacement of equipment at least 15 days in advance.

In cases requiring urgent repairs, handling emergencies, or repairs to prevent collapse of the project, the project enterprise shall organize such work in accordance with the laws on construction, and report to the competent state agency signing the contract upon completion.

c) The competent state agency that signed the PPP project contract has the responsibility to supervise and inspect the project enterprise's implementation of maintenance according to the provisions in the project contract, technical standards, and approved maintenance procedures; handle the project enterprise if there are violations in the management and maintenance of the works as stipulated by law and the project contract.

5. Agencies and organizations entrusted with the implementation of the maintenance plan as stipulated in Clause 1 and 2 of this Article, and the project enterprises as stipulated in Clause 3 of this Article shall ensure timely progress, quality, and effective use of funds in the maintenance plan in accordance with the provisions of the law.

6. Inspection of the implementation of the maintenance plan

a) The Ministry of Transport shall organize regular and spot inspections of the implementation of the maintenance plan for road construction projects as stipulated in Clause 1 of this Article.

b) The agency approving and assigning the maintenance plan for the case stipulated in Clause 2 of this Article shall be responsible for inspecting agencies and units in the implementation of the assigned maintenance plan to ensure compliance with the requirements stipulated in Clause 5 of this Article.

c) The competent state agency that signed the PPP project contract shall be responsible for inspecting the project enterprise's implementation of the maintenance plan for the project according to the provisions of this Circular, and the provisions of the project contract.

1. The owner or manager/user of road works shall be responsible for organizing inspections, monitoring, quality testing, regular maintenance, and repairs of the works according to the approved maintenance procedures and technical maintenance standards if they have the necessary capacity or hire organizations with the necessary capacity to carry out these tasks.

2. Inspection, monitoring, and quality testing of works

a) Road work inspections shall be carried out according to the maintenance plan and the provisions set forth in Clause 1, Article 4 of this Circular;

b) Monitoring of road works shall be conducted according to the maintenance plan and the provisions set forth in Clause 2, Article 4 of this Circular. Organizations and individuals conducting monitoring must prepare a report on the monitoring results;

c) Quality testing of works shall be carried out according to the maintenance plan and the provisions set forth in Clause 3, Article 4 of this Circular. Organizations and individuals conducting quality testing must prepare a report on the testing results.

3. Maintenance of road works shall be carried out according to the provisions set forth in Clause 4, Article 4 of this Circular. The results of maintenance activities must be recorded and documented. The owner or manager/user of the works shall be responsible for organizing inspections, supervision, acceptance of completed maintenance work, the quality of maintenance work performed, and management of maintenance records of road works.

a) The content of regular repair of road works shall be in accordance with point a, Clause 5, Article 4 of this Circular. Regular repair of road works using state budget funds with a value of 500 million VND or more must organize project preparation, review, approval, and implementation of economic and technical reports and other works in accordance with laws on investment and construction projects; for regular repairs with a value less than 500 million VND, the owner or manager/user of the works shall prepare a repair plan including: name of the part of the work or equipment to be repaired or replaced; reasons for repair or replacement; objectives of repair or replacement; volume of work; cost estimate; time of implementation and completion.

For central road works using state budget funds: when the works or parts of the works are damaged due to sudden impacts such as wind, storms, floods, earthquakes, collisions, explosions, or other sudden impacts leading to the risk of collapse of the road works, traffic congestion, or black spots for traffic safety requiring urgent repair not included in the approved maintenance plan, the General Department of Roads of Vietnam shall decide to approve and organize the implementation to ensure traffic safety and safety of the works. The General Department of Roads of Vietnam shall be responsible for the use of funds, implementation methods, and completion of documentation for emergency repairs as stipulated above; report to the Ministry of Transport to adjust and supplement the annual maintenance plan as provided for in Clause 6, Article 17 of this Circular.

In cases where the works, parts, or sections of the works show signs of deterioration affecting safety during exploitation and use and potential traffic accident points, the General Department of Roads of Vietnam shall report to the Ministry of Transport for inspection and consideration to supplement the annual maintenance plan as provided for in Clause 6, Article 17 of this Circular.

5. Service life of works, regular repair period

a) The design service life of road works (design lifespan) is the period during which the works are expected to be used, ensuring safety and functionality requirements. The design service life of the works is specified in technical regulations, technical standards applicable, design tasks for construction works, and must be specified in the design tasks.

If the design standards of the works do not specify the expected usage period for determining the regular repair period of the road surface, the expected usage period shall be determined according to Appendix IV issued together with this Circular or determined based on the accumulated standard axle load in the design compared to the accumulated standard axle load during operation; the repair and replacement period for installed equipment, the regular repair period for other sections of the works according to the design specifications, and relevant technical standards and regulations on depreciation periods for fixed assets;

b) The actual service life of the works (actual lifespan) is the actual period during which the works are used from the date of commissioning, ensuring safety and functionality requirements.

The actual service life of road works differs from the design service life due to factors such as the condition of exploitation, operation, and use of road works, traffic flow, vehicle loads impacting the works differently from the design; sudden causes of damage appearing during operation; the situation and results of management, maintenance of the works, sections, and installed equipment, quality of the works at the time of commissioning and use;

c) In cases where the actual service life of the works is shorter than the design service life, the owner or manager/user of the works must organize inspections, evaluations, and quality testing (if necessary) to determine the cause of reduced service life and take measures to repair and address it.

d) If the project continues to be used after reaching its designed lifespan, it must comply with the contents stipulated in Article 23 of this Circular.

6. Evaluation of load-bearing safety and operational safety during the exploitation and use of road projects.

a) The evaluation of load-bearing safety and operational safety during the exploitation and use of road projects shall be carried out in accordance with the provisions of laws on quality management and maintenance of construction works.

b) The content and frequency of evaluations are specified in technical standards and regulations (if applicable) or the maintenance procedures for road projects.

Article 20. Quality Management in Maintenance Work

1. Quality management in maintenance work shall be carried out in accordance with the following regulations:

a) The owner or manager/user of the works, the investor of the road construction project maintenance, the contractor of the road construction project maintenance, and other organizations and individuals related to the maintenance work of road construction projects shall be responsible for quality management in maintenance work in accordance with the provisions of the law.

b) Quality management in maintenance work shall be implemented in accordance with the provisions of the law on management and exploitation of road infrastructure, technical standards for maintenance of works, and the provisions of the Minister of Transport regarding supervision, acceptance of volume and quality of regular management and maintenance work of road construction projects.

2. Quality management in maintenance work for road construction projects invested in and managed through PPP models shall be carried out in accordance with Clause 1 of this Article and the following provisions:

a) The division of responsibilities between the competent state agency that signed the PPP project contract and the project enterprise for quality management in maintenance work shall be carried out in accordance with the provisions of this Circular and the provisions of the project contract.

b) The competent state agency that signed the PPP project contract shall organize inspections of the project enterprise's implementation of maintenance work to ensure quality in accordance with the law; if any violation of quality or technical standards, or approved maintenance procedures is discovered, it shall be handled in accordance with the provisions of the Construction Law and the project contract.

In cases where there is a violation of quality during the operation and maintenance phase of road projects according to design standards, technical standards, maintenance procedures, or violations that affect traffic safety and project safety but are not promptly rectified, the competent state authority may enter into a contract to temporarily suspend the provision of road usage services until the violation is resolved. In cases where damage leads to a risk of collapse affecting operational and usage safety, the competent state authority may decide to temporarily halt the exploitation and use of the project until the damages are repaired.

Article 21. Implementation of maintenance for operational road works that have not yet established maintenance procedures

1. For operational road works that have not yet established maintenance procedures, the owner or manager/user of the road work shall perform the following tasks:

a) Survey, inspect, and evaluate the current quality status of the work; organize quality testing if deemed necessary to serve as the basis for establishing maintenance procedures;

b) Organize the establishment of maintenance procedures in accordance with Clause 2, Article 6 of this Circular;

c) Within the period before issuing specific maintenance procedures for the work, the owner or manager/user of the work may apply technical standards or procedures of similar works or components suitable for maintaining the work under their management until specific procedures for their own work are issued. In cases where necessary, they may hire consultants to assess suitability prior to applying technical standards or procedures of similar works or components.

2. Enterprises investing in construction and managing operation of road works, owners of specialized road works, managers/users of road works shall perform the tasks stipulated in Clause 1 of this Article for works under their management and use.

Article 22. Handling of works showing signs of danger, not ensuring safety for exploitation and use

1. The owner or manager/user of road works, contractors responsible for maintenance and operation of road works, and organizations or individuals related to the maintenance of road works shall be responsible for:

For cases involving central road systems (including those constructed and managed by enterprises), in addition to reporting to the nearest local government, they must also report immediately to the Ministry of Transport and the Vietnam Highway Administration.

In cases requiring demolition of projects, reports must be made to the competent authority and procedures must be followed as prescribed by laws on the management, use, and exploitation of road infrastructure.

2. Any individual or organization has the right to notify the owner or manager/user of the work, state management agencies, or mass media when discovering accidents or signs of danger in parts of the work or road works that do not ensure safety for exploitation and use so that timely handling can be carried out.

1. When road works reach the end of their service life, the road management agency, owner, or manager/user of the work must perform the tasks stipulated in Clause 1 of Article 45 of Decree No. 46/2015/NĐ-CP.

2. The decision on the extension of the service life of road works is based on the technical condition, specific usage requirements, type, and level of the road works. The responsibility for notification and authority to handle works reaching the end of their service life but requiring continued use is implemented according to Clause 2 of Article 45 of Decree No. 46/2015/NĐ-CP.

3. Cases of discontinuing use for works reaching the end of their service life and demolition when works are discontinued are carried out according to Clauses 4 and 5 of Article 45 of Decree No. 46/2015/NĐ-CP.

1. The application of technical standards in road maintenance shall be carried out in accordance with Article 6 of Decree No. 46/2015/NĐ-CP.

2. The application of economic-technical norms in road maintenance shall be implemented in accordance with the laws on investment cost management and the laws on construction project maintenance cost management.

a) The Vietnam Highway Corporation shall report to the Ministry of Transport on the results of managing and maintaining road works quarterly before March 22, June 22, and September 22; and annually before December 22;

b) The Road Management Agencies, units authorized to manage national highways, shall report to the Vietnam Highway Corporation on the results of managing and maintaining road works quarterly before March 12, June 12, and September 12; and annually before December 12;

c) The contents of the reports shall be in accordance with Appendix III issued together with this Circular.

The Department of Transport shall compile and report to the Vietnam Highway Administration the situation regarding the management and maintenance of provincial roads, urban roads, district roads, and other local roads, and specialized roads before December 12th.

3. In addition to regular reports as stipulated in Clause 1 of this Article, the agencies and units specified in Clauses 1 and 2 of this Article shall be responsible for submitting ad hoc reports when there are unforeseen events affecting road works or upon request from competent authorities; they shall also comply with other reporting requirements under the laws on investment planning.

Article 26. Sources of Funds for Managing, Operating, and Maintaining Road Works

2. The management and use of funds for managing, operating, and maintaining road works must be carried out in accordance with current laws.

1. Management, operation, and maintenance costs of road projects shall be determined in accordance with the provisions of Article 42 of Decree No. 46/2015/NĐ-CP, Decree No. 32/2015/NĐ-CP dated March 25, 2015 of the Government on the management of construction investment costs, Circular No. 03/2017/TT-BXD dated March 16, 2017 of the Minister of Construction guiding the determination of maintenance costs for construction works (hereinafter referred to as Circular No. 03/2017/TT-BXD). Management, operation, and maintenance costs of road projects shall be determined using one or a combination of the following methods:

a) Using cost rates (percentages) as stipulated in Point a, Clause 1 of Article 5 of Circular No. 03/2017/TT-BXD;

b) Determined based on volume and unit price as stipulated in Point b, Clause 1 of Article 5 of Circular No. 03/2017/TT-BXD, including: the volume of maintenance work performed and the maintenance unit price; the quantity of labor and experts required for specific types of work, types of projects, content, progress, and time of work execution, the level of expertise of labor and experts, appropriate wages for labor and experts, and other necessary costs;

c) Determined from data on management, maintenance, and operation costs of similar projects already implemented or currently being implemented as stipulated in Point c, Clause 2 of Article 5 of Decree No. 32/2015/NĐ-CP. When using this method, the management, operation, and maintenance costs of the project are determined based on the scale, capacity, or service capability of the project or structural component under consideration, and data on management, maintenance, and operation costs of similar projects already implemented or currently being implemented with the same type, grade, scale, capacity, or service capability to determine management, maintenance, and operation costs. Data on costs when used need to be converted, calculated based on the time of cost preparation, the location of construction, and adjusted or supplemented with other costs if necessary to fit the specific conditions of the project or work.

This method is only applicable in the feasibility study report preparation stage of the project.

d) In cases where there are no technical maintenance standards, maintenance procedures, maintenance norms, or data on management, maintenance, and operation costs of similar projects to determine costs as stipulated in Points a, b, and c, Clause 1 of Article 27 of this Circular, the design consultant is responsible for preparing technical guidance for operation, maintenance, and repair to determine the volume and estimate management, operation, and maintenance costs according to the guidelines set forth in Appendix V attached to this Circular.

2. For road projects funded by state budget capital (including the Road Maintenance Fund), the establishment and management of costs must also comply with the provisions of laws on bidding, ordering production, and supplying public goods and services for the management and maintenance of road projects.

3. During the project planning phase, management, maintenance, and operation costs are compiled together with the feasibility study report content of the project.

During the operation phase, management, maintenance, and operation costs must be estimated, reviewed, and approved in accordance with the provisions of laws on construction project cost management and quality management, maintenance of construction works.

4. The contingency costs due to inflation factors during the operation and exploitation phase shall be determined according to the unified principles regarding methodology and calculation methods as those applied in the preparation and implementation phases of investment.

5. For road projects invested in and managed for operation under the public-private partnership model, during the contract execution phase, if the works are damaged due to sudden impacts as stipulated at point b, Clause 5, Article 4 of this Joint Circular, the emergency repair costs shall be supplemented into the project contract. In cases where the tender documents for selecting investors or the project contract provide that the investor (project enterprise) is responsible for balancing the emergency repair costs within the financial plan, the investor (project enterprise) shall bear such responsibility and shall not supplement the emergency repair costs into the project contract.

6. National highways classified and authorized for management by the Ministry of Transport; the management costs of regular maintenance work shall be implemented in accordance with Clause 3, Article 4 of the Joint Circular No. 75/2011/TTLT-BTC-BGTVT dated June 6, 2011 issued by the Minister of Finance and the Minister of Transport.

7. Regular maintenance work on projects during the warranty period as prescribed shall not include repair or replacement costs for damaged equipment. The construction contractor and the equipment supply and installation contractor shall be responsible for warranty services. During the repair period, regular maintenance costs for parts and sections of the works already included in the repair work or sections that do not require maintenance during this period shall not be counted.

Chapter 5
IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Circular takes effect from July 24, 2018, and replaces Circular No. 52/2013/TT-BGTVT dated December 12, 2013 of the Minister of Transport on the management, operation, and maintenance of road works, and Circular No. 20/2014/TT-BGTVT dated May 30, 2014 of the Minister of Transport amending and supplementing certain provisions of Circular No. 52/2013/TT-BGTVT dated December 12, 2013.

2. During the implementation process, in cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall apply.

3. Road projects invested in and managed for operation under the public-private partnership model which have signed contracts prior to the effective date of this Circular shall be implemented according to the signed project contracts. In cases where the project contracts do not contain detailed regulations on management, operation, and maintenance of the works or where projects approved before the effective date of this Circular do not have such regulations, they shall be implemented according to the provisions of this Circular.

The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, Directors of Vietnam Highway Administration, Directors of Provincial and Central City Transport Departments, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.