Consolidated Document number 37/VBHN-BGTVT stipulates the management and protection of road traffic infrastructure.

DECREE

Provisions on management and protection of road traffic infrastructure

Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure, effective from April 15, 2010, has been amended and supplemented by:

1. Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure, effective from October 20, 2013.

2. Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure, effective from July 1, 2016.

3. Decree No. 125/2018/NĐ-CP dated September 19, 2016 of the Government amending and supplementing certain articles of Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure, effective from September 19, 2018.

4. Decree No. 117/2021/NĐ-CP dated December 22, 2021 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure, effective from February 15, 2022.

5. Decree No. 70/2022/NĐ-CP dated September 27, 2022 of the Government amending and supplementing certain articles of decrees related to business activities in the field of roads, effective from November 1, 2022.

6. Decree No. 01/2024/NĐ-CP dated January 1, 2024 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (which has been amended and supplemented by Decree No. 100/2013/NĐ-CP dated September 3, 2013, Decree No. 64/2016/NĐ-CP dated July 1, 2016, Decree No. 125/2018/NĐ-CP dated September 19, 2018, Decree No. 117/2021/NĐ-CP dated December 22, 2021, Decree No. 70/2022/NĐ-CP dated September 27, 2022), effective from January 1, 2024.

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

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Considering the proposal of the Minister of Transport^[1],

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions of the Road Traffic Law on management and protection of road traffic infrastructure including: naming or numbering of roads; planning of infrastructure and technical standards; traffic safety assessment; protection of road traffic infrastructure; use and exploitation within the scope of land allocated for roads; responsibilities for management and protection of road traffic infrastructure.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals both domestic and foreign involved in the management and protection of road traffic infrastructure on the territory of Vietnam.

Chapter II. NAMING OR NUMBERING OF ROADS

Article 3. Principles for naming or numbering roads

1. Each road is named or numbered.

2. New roads constructed shall be named or numbered according to the provisions of this Decree; naming or numbering of roads aims to facilitate the convenience of road users and road management.

3. The starting point and endpoint of national highways and expressways shall be set according to the north-south or east-west direction or from Hanoi or Ho Chi Minh City to provincial administrative centers.

The starting point and endpoint of provincial roads and district roads shall be determined according to the direction as specified for national highways or from the provincial administrative center to a town or township or from a national highway to the provincial administrative center, district administrative center, town, or township.

4. Roads that have been named or numbered and their starting and ending points determined before the effectiveness of this Decree shall remain unchanged.

Article 4. Naming or numbering of national roads

1. Naming or numbering of national roads outside urban areas

a) The name of a national road includes the word "Road" followed by the name as prescribed in point a, Clause 1, Article 40 of the Road Traffic Law;

b) The number of a national road consists of the abbreviated system name and a natural number separated by a period;

Abbreviations for the various road systems are as follows: national highway (QL), expressway (CT), provincial road (ĐT), district road (ĐH).

The Ministry of Transport shall specify the specific natural numbers for each locality to assign numbers to the provincial road system.

In cases where a single number is assigned to multiple expressways, multiple national highways, or multiple provincial and district roads within the same locality, an additional letter from B to Z will be added sequentially, except for the first road to which that number is assigned.

c) In cases where a province is divided and a provincial road already passes through the territory of two new provinces, or in cases where provinces are merged and a provincial road already passes through a new province, the name or number, starting point, and endpoint shall remain unchanged;

d) For sections with multiple overlapping roads, naming or numbering shall be as follows:

- For overlapping sections within a single road system, the name or number shall be assigned according to the higher-grade road;

- For overlapping sections within multiple road systems, the name or number shall be assigned according to the higher-level management road system.

đ) For national roads within an international network, both domestic names and numbers and those according to relevant international agreements shall be used simultaneously;

e) For commune roads, only the name including the word "Road" followed by the place name or customary name shall be assigned.

2. Naming or numbering of urban roads

a) The number of an urban road consists of the abbreviated urban road system name (ĐĐT) and a natural number separated by a period;

b) Naming of urban roads shall be carried out in accordance with Decree No. 91/2005/NĐ-CP dated July 11, 2005 of the Government on the issuance of regulations on naming and renaming streets and public works.

3. In cases where an urban road overlaps with a national highway, both the urban road name and the national highway name and number shall be used.

4. Authority for naming or numbering of national roads

a) The Ministry of Transport assigns names and numbers to national roads within the national highway system;

b) Provincial People's Committees assign numbers to urban roads and provincial roads; assign names or numbers to district roads;

Provincial People's Councils assign names to urban roads and provincial roads based on proposals from the same-level People's Committee;

c) District People's Committees assign names to commune roads.

5. Organizations, entities, and individuals with authority to assign names or numbers to national roads shall be responsible for announcing such names or numbers on mass media.

Chapter III. URBAN INFRASTRUCTURE PLANNING AND NATIONAL ROAD TECHNICAL STANDARDS

Article 5.^[2] (Repealed)

Article 6.^[3] (Repealed)

Article 7.^[4] (Repealed)

Article 8. Land Fund for Urban Infrastructure Construction

1. The land fund for urban infrastructure construction is the land designated for building urban transportation infrastructure as determined in the urban infrastructure planning. The provincial People's Committee shall determine and manage the land fund for constructing urban infrastructure according to the approved plan.

2. For newly constructed cities, the ratio of urban traffic land to urban construction land must ensure the following ratios according to city types:

a) Special-class cities: 24% to 26%;

b) Class I cities: 23% to 25%;

c) Class II cities: 21% to 23%;

d) Class III cities: 18% to 20%;

đ) Class IV and V cities: 16% to 18%.

The urban traffic land fund is the area designated for building urban transportation infrastructure, excluding water bodies such as rivers, streams, ponds, lakes, and underground transportation structures.

Article 9. Technical Classification of Roadways

1. The technical classification of roadways is the design level of roads, including expressways and roads from Class I to Class VI.

2. Determining the technical classification of roadways shall be based on the function of the road route within the transportation network, topography, and the designed traffic volume.

Article 10. Application of Technical Standards

1. Existing operational roadways that have not reached their technical classification must be improved and upgraded to meet the technical standards of the appropriate roadway class.

2. New road construction must ensure the technical standards of the roadway class and comply with regulations related to traffic organization and safe operation of road infrastructure.

3. For forest roads, mining roads, and other specialized roads, national standards for roads and specific industry standards shall apply.

4. In cases where foreign road technical standards are applied, approval from the Ministry of Transport is required.

Chapter IV. TRAFFIC SAFETY AUDIT

Article 11. General Provisions on Traffic Safety Audit

1. Authority to decide and organize the implementation of traffic safety audit

a) For new road construction projects, upgrading, and renovation

The authority deciding on investment projects must conduct a traffic safety audit. The project investor decides the phase of the project to be audited and organizes the traffic safety audit. For projects implemented under the BOT (Build-Operate-Transfer), BT (Build-Transfer), and BTO (Build-Transfer-Operate) contracts, the authority to decide on the traffic safety audit is as stipulated in point b of this clause.

b) For operational roadways

The Ministry of Transport decides and organizes the traffic safety audit for national highways and expressways;

Provincial People's Committees decide and organize the traffic safety audit for urban roads, provincial roads, and district roads.

2. The traffic safety audit by the authority specified in Clause 1 of this Article shall be conducted based on the Traffic Safety Audit Report prepared by the consulting organization conducting the audit.

3. Organizations and individuals implementing projects not funded by state capital or having specialized roads must organize the traffic safety audit according to the provisions of this Decree. The traffic safety audit report must be approved by the competent state agency specified in Clause 1 of this Article.

4. The traffic safety audit shall be carried out by an organization with sufficient capacity as stipulated in Article 12 of this Decree; the traffic safety audit organization operates independently from the consulting organization that has prepared the project proposal and design.

5. The organization conducting the traffic safety audit is responsible for reviewing the project proposal and design documentation, inspecting the site, identifying potential traffic accident risks; preparing an audit report recommending and suggesting measures to address these risks.

6. The design consultant is responsible for incorporating recommendations and suggestions made in the traffic safety audit report, as stipulated in Clause 2 of this Article, to revise the project proposal and design documentation. If they disagree with the traffic safety audit organization's opinion, the design consultant must report to the project investor for review and decision.

For operational roadways, the road management authority is responsible for incorporating recommendations and suggestions made in the traffic safety audit report, as stipulated in Clause 2 of this Article, and developing repair and remediation plans. If they disagree with the traffic safety audit report, they must submit it to the competent authority specified in point b of Clause 1 of this Article for review and decision.

7. Costs for auditing and fees for traffic safety audits are included in the total investment amount and construction budget for new road construction, upgrading, and renovation projects; they can be used from the financial resources allocated for road management and maintenance for operational roadways.

8. Costs for auditing and fees for traffic safety audits

a) The Ministry of Transport shall specify the costs for traffic safety audits for new road construction projects and projects for upgrading and renovation;

b) The Ministry of Transport shall lead and coordinate with the Ministry of Finance to specify the costs for traffic safety audits for operational roadways;

c) The Ministry of Finance shall lead and coordinate with the Ministry of Transport to specify the fees for traffic safety audits.

9. The Ministry of Transport shall provide detailed regulations on traffic safety audits at each stage; specify the content of training programs on traffic safety audits, organize training, and issue certificates for Traffic Safety Auditors.

Article 12. Conditions for Operating Traffic Safety Inspection Services^[5]

1. Individuals participating in traffic safety inspections (hereinafter referred to as inspectors) must hold a valid traffic safety inspection certificate for road transport issued by the Vietnam Highway Administration.^[6] level.

2. Individuals holding the position of Head of Traffic Safety Inspection, in addition to meeting the conditions stipulated in Clause 1 of this Article, must also meet one of the following conditions:

a) Holding the position of Head of Design Project for at least three road construction projects;

b) Having a bachelor's degree or higher in civil engineering with at least seven years of experience in road design;

c) Having a bachelor's degree or higher in transportation engineering (road construction, road transport) and having at least ten years of experience in activities related to traffic management, road transport, road construction, and road maintenance, including participation in traffic safety measures for at least three road construction projects.

3.^[7] Consulting contractors conducting traffic safety inspections must meet the following conditions:

a) For national key projects, Group A and Group B projects, there must be at least ten inspectors, including a minimum of four civil engineers, one transport engineer, and at least one inspector qualified to serve as the Head of Traffic Safety Inspection;

b) For Group C projects and operational roads, there must be at least five inspectors, including a minimum of one civil engineer, one transport engineer, and at least one inspector qualified to serve as the Head of Traffic Safety Inspection.

Article 12a. Conditions for Training Institutions for Traffic Safety Inspectors on Road Transport^[8]

1. Being an organization established in accordance with the provisions of the law.

2. Regarding physical facilities

a) Ensuring classrooms with a minimum area of 1.5 m²/seat, equipped with audio-visual equipment, including: projection screen, projector, computer, sound amplifier, microphone with speaker;

b) Teaching and learning aids outside the classroom, including at least: 50 reflective vests, 1 reflectometer for traffic signs or road markings.

3. Regarding teaching staff

a) Having a number of full-time teachers responsible for teaching at least 40% of the topics in the framework training program for traffic safety inspectors on road transport;

b) The qualifications of teachers are stipulated in Clause 1 of Article 12c of this Decree.

Article 12b. Procedures and Formalities for Approving Training Institutions for Traffic Safety Inspectors on Road Transport (hereinafter referred to as training institutions)^[9]

1.^[10] The application dossier for approving a training institution consists of one set, including:

a) A letter requesting approval of a training institution for traffic safety inspectors on road transport according to the model prescribed in Appendix VI attached to this Decree;

b) A list of physical facilities;

c) A list of teachers, including information about their professional qualifications and practical experience in their profession.

2.^[11] In case the Approval Certificate for a training institution for traffic safety inspectors on road transport is lost or damaged, the training institution shall submit to the Vietnam Highway Administration a letter requesting reissue of the Approval Certificate for a training institution for traffic safety inspectors on road transport according to the model prescribed in Appendix VII attached to this Decree.

3.^[12] Procedures and methods for implementing the formalities for approving a training institution and reissuing the Approval Certificate for a training institution:

a) Organizations and individuals wishing to submit applications may do so directly, through postal services, or through online public service systems to the Vietnam Highway Administration;

b) The Vietnam Highway Administration will accept and review the application dossier:

For direct submission: After reviewing the application components, if they comply with regulations, the dossier will be accepted immediately; if not, the organization or individual submitting the dossier will be guided on-site to complete the dossier;

For submission through postal services: If the dossier is incomplete, within two working days from the date of receipt, a written notice will be sent to guide the organization or individual who submitted the dossier to complete it;

For submission through online public service systems: If the dossier is incomplete, within two working days from the date of submission, a written notice will be sent to guide the organization or individual who submitted the dossier to complete it;

c) The Vietnam Highway Administration will review the dossier, and if the conditions are met, issue the Approval Certificate or reissue the Approval Certificate for a training institution for traffic safety inspectors on road transport. If the Approval Certificate is not issued or reissued, a written response explaining the reasons will be provided;

d) The issuance of the Approval Certificate for a training institution and the reissued Approval Certificate will be conducted at the Vietnam Highway Administration, or through postal services, or through online public service systems based on the request of the organization or individual concerned.

4. The processing time for the formalities for approving a training institution is ten working days from the date of receiving a complete dossier in accordance with regulations. The processing time for the formalities for reissuing the Approval Certificate for a training institution is seven working days from the date of receiving a complete dossier in accordance with regulations. The model of the Approval Certificate for a training institution for traffic safety inspectors on road transport is prescribed in Appendix 1 of this Decree.

5. The list of training institutions for traffic safety inspectors on road transport will be publicly disclosed on the Ministry of Transport's website and the Vietnam Highway Administration's website.^[13].

Article 12c. Lecturers and students participating in traffic safety inspectors training for road traffic^[14]

1. Lecturers participating in teaching traffic safety inspectors training for road traffic must meet one of the following criteria:

a) Meeting the conditions to hold the position of Head of Road Traffic Safety Inspection;

b)^[15] Having a bachelor's degree or higher in the field of road traffic and having at least 10 years of experience in one of the following areas: Teaching road traffic safety, state management of road traffic safety.

2. Students must ensure the following conditions:

a) Being a Vietnamese citizen or a foreigner permitted to reside or work, study in Vietnam;

b) Having civil capacity; being in good health;

c) Having a bachelor's degree or higher in the field of road engineering and having at least three years of work experience in road design; or having a bachelor's degree or higher and at least five years of experience in activities in the following fields: Traffic management, road transport, road construction, road maintenance.

Article 12d. Issuance of traffic safety inspection certificates for road traffic^[16]

1. The traffic safety inspection certificate for road traffic (hereinafter referred to as the certificate) shall be issued and managed uniformly nationwide by the Vietnam Highway Administration; the certificate format is stipulated in Appendix 2 of this Decree. The certificate has a validity period of five years from the date of issuance, except in cases of reissuance.^[17] 2. The application dossier for issuing the certificate is established by the training institution in one set, including: a) A request for issuing the certificate according to the model prescribed in Appendix 3 of this Decree; b) Decision recognizing the examination results of students participating in the training course;

c) Two color photographs of each student applying for the certificate (size 4 cm x 6 cm, blue background, ID card style, taken within six months).

Procedure and method for implementing the certificate issuance process:

3.^[18]a) Training institutions with needs submit the application dossier directly or through the postal system or online public service system to the Vietnam Highway Administration;

In the case of direct submission: After checking the dossier components, if they comply with regulations, the dossier will be accepted immediately; if not in compliance, the training institution submitting the dossier will be directly guided to complete the dossier;

b) The Vietnam Highway Administration will accept and review the application dossier:

In the case of submission through the postal system: If the dossier is incomplete according to regulations, the latest within two working days from the date of receipt of the dossier, a written guidance must be provided to the training institution that submitted the dossier to complete the dossier;

In the case of submission through the online public service system: If the dossier is incomplete according to regulations, the latest within two working days from the date the training institution declares and submits the dossier, a written guidance must be provided to the training institution that submitted the dossier to complete the dossier;

c) The Vietnam Highway Administration will review the dossier, if it meets the requirements, issue the certificate to each student (with satisfactory examination results) listed in the request of the training institution; in cases where the certificate is not issued, a written response must be provided with clear reasons;

d) The delivery of the certificate will be carried out at the Vietnam Highway Administration or through postal services upon request of the training institution.

4. The processing time for the certificate issuance procedure is fifteen working days from the date of receiving the complete dossier as prescribed.

5. The list of traffic safety inspectors for road traffic who have been issued certificates will be publicly disclosed on the electronic portal of the Ministry of Transport, Vietnam Highway Administration.

5. The list of road traffic safety auditors who have been issued certificates shall be publicly disclosed on the Ministry of Transport's electronic portal and the Vietnam Highway Administration’s website:^[19].

Article 12d. Issuance of a New Traffic Safety Inspector Certificate for Road Transport^[20]

1. Conditions for issuance of a new Traffic Safety Inspector Certificate for Road Transport:

a) During the validity period of the certificate, the inspector must participate in at least three traffic safety inspections, assessments, or design, assessment, and approval of accident-prone point treatments.

b) The issuance of a new certificate shall be carried out within one to three months before the current certificate expires.

2. The application dossier for issuing a new certificate shall be prepared by the individual in one set, including:

a) An application form for a new certificate as prescribed in Appendix 4 of this Decree;

b) A statement of experience in traffic safety inspections, assessments, design, assessment, and approval of accident-prone point treatments during the validity period of the certificate being renewed; the statement shall be made according to the model prescribed in Appendix 5 of this Decree.

3.^[21]Procedure and method for handling the issuance of a new certificate:

a) Individuals who wish to apply may submit the dossier directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration will accept and review the application dossier:

In cases of direct submission: After reviewing the dossier components, if it meets the requirements, the dossier will be accepted immediately; if it does not meet the requirements, the applicant will be directly guided to complete the dossier;

In cases of submission through the postal service system: If the dossier is incomplete according to the regulations, the agency must issue a written guidance document to the applicant to complete the dossier within two working days from the date of receipt of the dossier;

In cases of submission through the online public service system: If the dossier is incomplete according to the regulations, the agency must issue a written guidance document to the applicant to complete the dossier within two working days from the date of declaration and submission of the dossier;

c) The Vietnam Highway Administration will review the dossier; if the conditions are met, a new certificate will be issued; if the conditions are not met, a written response with detailed reasons will be provided;

d) The issuance of the new certificate will be conducted at the Vietnam Highway Administration or through the postal service system based on the applicant's request.

4. The processing time for the issuance of a new certificate is ten working days from the date all required documents are received.

5. The new certificate will have a validity period of five years from the date of issuance.

Article 12e. Reissuance of a Traffic Safety Inspector Certificate for Road Transport^[22]

1. Within the validity period of the certificate, except for cases where the certificate is revoked as stipulated in Clause 2 of Article 12g, the Traffic Safety Inspector for Road Transport can have their certificate reissued if it is lost or damaged.

2.^[23]The application dossier for reissuing the certificate shall be prepared by the individual in one set, including an application form for reissuance of the certificate as prescribed in Appendix IV attached to this Decree.

3.^[24]Procedure and method for handling the reissuance of the certificate:

a) Individuals who wish to apply may submit the dossier directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration will accept and review the application dossier:

In cases of direct submission: After reviewing the dossier, if it meets the requirements, the dossier will be accepted immediately; if it does not meet the requirements, the applicant will be directly guided to complete the dossier;

In cases of submission through the postal service system: If the dossier is incomplete according to the regulations, the agency must issue a written guidance document to the applicant to complete the dossier within two working days from the date of receipt of the dossier;

In cases of submission through the online public service system: If the dossier is incomplete according to the regulations, the agency must issue a written guidance document to the applicant to complete the dossier within two working days from the date of declaration and submission of the dossier;

c) The Vietnam Highway Administration will review the dossier; if the conditions are met, the certificate will be reissued; if the conditions are not met, a written response with detailed reasons will be provided;

d) The issuance of the reissued certificate will be conducted at the Vietnam Highway Administration or through the postal service system based on the applicant's request.

4. The processing time for the reissuance of the certificate is five working days from the date all required documents are received.

5. The reissued certificate will have the same validity period as the original certificate.

Article 12g. Revocation of Approval Certificate for Training Institutions and Revocation of Traffic Safety Inspectors' Certificates on Roadways^[25]

1. The Approval Certificate shall be revoked in any of the following cases:

a) The training institution conducts traffic safety inspector training not in accordance with the framework program issued by the Ministry of Transport;

b) The training institution recognizes examination results for individuals who did not attend the traffic safety inspector training course;

c)^[26] For a continuous period of three years, the training institution does not conduct traffic safety inspector training.

2. The certificate shall be revoked in any of the following cases:

a) The certificate has been erased, altered, or tampered with;

b) It is rented out or lent for unauthorized use;

c) Dishonesty regarding the qualifications of the trainee is discovered in the registration file;

d) Issued under circumstances where the training institution violates the provisions set forth in Points a and b, Clause 1 of this Article.

3. The authority issuing the Approval Certificate and the certificate shall carry out the revocation of the Approval Certificate and the certificate.

The decision to revoke the Approval Certificate shall be sent to: the training institution, the direct supervisory authority of the training institution (if applicable), and published on the electronic portal of the issuing authority.

The decision to revoke the certificate shall be sent to: the individual whose certificate is being revoked, the training institution, and the managing authority of the individual whose certificate is being revoked (if applicable), and published on the electronic portal of the issuing authority.

4. Authorities, organizations, and individuals responsible for detecting and reporting violations shall fulfill their duties.

Article 12h. Responsibilities of Business Entities Providing Training Services for Traffic Safety Inspectors on Roadways^[27]

1. Conduct traffic safety inspector training according to the framework program issued by the Ministry of Transport.

2. Maintain trainee records and related training documentation in compliance with legal regulations on recordkeeping.

3. Assign a course supervisor with experience in organizing refresher courses, training sessions, or specialized vocational training in transportation fields.

Article 13. Stages of Traffic Safety Appraisal

1. For newly constructed, upgraded, or renovated roadways

a) A mandatory traffic safety appraisal must be conducted during either the technical design phase or the construction drawing design phase;

b) In addition to the provisions stipulated in Point a, Clause 1 of this Article, the investment decision-making authority may choose to conduct a traffic safety appraisal at one of the following stages:

- Project proposal for construction works or economic-technical report for construction works;

- Prior to the commencement of operation.

2. For operational roadway projects, a traffic safety appraisal must be carried out if any of the following situations occur:

a) If the number of traffic accidents increases significantly after upgrading or renovation;

b) Actual traffic volume exceeds the designed traffic volume by more than 30%;

c) Urbanization rate increases by more than 20% compared to the time of initial operation.

Chapter V. PROTECTION OF ROADWAY INFRASTRUCTURE STRUCTURES

Article 14. Scope of Land for Roadways

1. The land scope for roads includes road land and road safety zone land.

2. The land of roadways includes the portion of land on which roadway works are constructed and the land along both sides of the roadways for managing, maintaining, and protecting the roadway works (hereinafter referred to as the land along both sides of the roadways for managing, maintaining, and protecting the roadway works as the protective and maintenance land for roadways).

The protective and maintenance land for roadways is used to store materials for maintenance, to move or place equipment for performing maintenance tasks, to deposit dirt from the road surface onto both sides of the road, and to prevent damage to the roadway works.

The width of the protective and maintenance land for roadways is determined according to the level of the road, extending from the outer edge of the roadway foundation (the base of the embankment or the outer edge of the longitudinal ditch at locations without excavation or embankment or the top edge of the excavated road) outward on each side as follows:

a) Three meters for expressways, first-class roads, and second-class roads;

b) Two meters for third-class roads;

c) One meter for fourth-class roads and below.

3.^[28] For new construction or upgrading of roads, the project investor must determine the scope of land for roadways and proceed as follows:

For the land of roadways, procedures for requesting competent authorities to recover land and provide compensation in accordance with the laws on land shall be established.

For the safety protection zone land of roadways: The project investor shall conduct boundary marking to hand over to local authorities and road management agencies for management in accordance with regulations applicable to operational roadways. In cases where construction works and other assets within the safety protection zone of roadways directly affect traffic safety and the safety of roadway works, the project investor shall assess the extent of impact, coordinate with local land management agencies to establish procedures for requesting competent authorities to provide compensation and support for restricted land use capacity and damages to property attached to land in accordance with the laws on land.

4.^[29] For operational roadways, the road management agency shall take the lead and coordinate with local land management agencies to determine the scope of land for roadways and the safety protection zone land of roadways, and develop plans to implement the following tasks:

a) Review and determine the boundaries of the land of roadways; establish procedures for requesting competent authorities to recover land and provide compensation and support in accordance with the laws on land;

b) Review and determine the boundaries of the safety protection zone land of roadways; conduct boundary marking to hand over to local authorities and road management agencies for management in accordance with planning; establish procedures for requesting competent authorities to provide compensation and support for restricted land use capacity and damages to property attached to land in accordance with the laws on land.

Article 15. Boundaries of Safety Protection Zones for Roadways^[30]

The safety protection zone for roadways is a strip of land along both sides of the roadway land aimed at ensuring traffic safety and protecting roadway works. The boundaries of the safety protection zone for roadways are determined according to approved road planning and are defined as follows:

1. For non-urban roads: Based on the technical level of the road according to the planning, the width of the safety protection zone for roadways extends from the roadway land outward on each side as follows:

a) Seventeen meters for first-class and second-class roads;

b) Thirteen meters for third-class roads;

c) Nine meters for fourth-class and fifth-class roads;

d) Four meters for roads with a lower technical level than fifth-class.

2. For urban roads, the boundaries of the safety protection zone for roadways are the red-line boundaries according to the approved planning.

3. For expressways outside urban areas:

a) Seventeen meters, measured from the roadway land outward on each side;

b) Twenty meters, measured from the outer edge of the outermost structure outward on each side for elevated bridges and tunnels;

c) In cases where expressways have adjacent roads, the safety protection zone is determined based on the technical level of the adjacent road according to Clause 1 of this Article but shall not be less than the safety protection zone boundaries specified in Points a and b of Clause 3 of this Article.

4. For expressways within urban areas:

a) Not less than ten meters measured from the outer edge of the outermost structure outward on each side for tunnels and elevated bridges;

b) The red-line boundaries according to the approved planning for tunnels and elevated bridges with adjacent roads and expressways with adjacent roads;

c) From the outer edge of the road surface to the red-line boundaries, but not less than ten meters for expressways without adjacent roads.

5. For roadways with overlapping safety protection zones with railway safety protection zones, the management boundaries are delineated based on the principle of prioritizing the allocation of safety protection zones for railways, but the railway safety protection zone boundaries shall not overlap with roadway works.

In cases where roadways and railways are adjacent and share a common longitudinal ditch, the safety protection zone boundary is the bottom edge of the ditch on the higher ground, if the elevations are equal, then the safety protection zone boundary is the bottom edge of the ditch on the railway side.

6. For roadways with overlapping safety protection zones with inland waterway protection zones, the safety protection zone boundary is the natural bank edge.

7. Handling of safety protection zones for expressways that have been determined according to previous regulations before this Decree takes effect:

a) In cases where projects have been approved by competent authorities, completed or ongoing compensation and land clearance support have been implemented, the safety protection zone boundaries remain unchanged according to the previously approved boundaries;

b) In cases where projects have been approved by competent authorities but compensation and land clearance support have not yet been implemented, the project investor shall re-approve or submit to competent authorities for re-approval of the safety protection zone boundaries in accordance with this Decree.

Article 16. Safety Zone Limits for Bridges and Culverts

1. Safety zone limits for bridges on non-urban roads

a) Along the longitudinal axis of the bridge measured from the end of the abutment outward on each side:

- 50 meters for bridges with a length of 60 meters or more;

- 30 meters for bridges with a length under 60 meters.

b) Along the transverse axis of the bridge measured from the outermost edge of the road surface outward on each side:

- 150 meters for bridges with a length greater than 300 meters;

- 100 meters for bridges with a length from 60 meters to 300 meters;

- 50 meters for bridges with a length from 20 meters to under 60 meters;

- 20 meters for bridges with a length less than 20 meters.

2. Safety zone limits for bridges on urban roads

a) Along the longitudinal axis of the bridge, it is determined similarly to bridges on non-urban roads;

b)^[31] Along the transverse axis of the bridge, for sections of the bridge running above ground including sections running over land not regularly flooded and bridges spanning rivers, canals, and streams without waterway traffic, it is measured from the outermost edge of the guardrail of the bridge outward on each side 07 meters, the abutment area treated as an urban road safety zone; for the remaining sections of the bridge, provisions as set out in Point b Clause 1 of this Article apply;

c) At urban traffic intersections, overpasses, underpasses, and pedestrian bridges designed and approved by competent authorities.

3. Safety zone limits for culverts correspond to the safety zone limits for the road where the culvert is located.

Article 17. Safety Zone Limits for Road Tunnels

1. For tunnels outside urban areas, the surrounding land and water area is measured from the outermost point of the tunnel structure outward 100 meters.

2. For tunnels within urban areas, the safety zone limits are determined by design consultants based on ensuring the tunnel's long-term safety in the design documents and approved by competent authorities.

Article 18. Safety Zone Limits for Ferry Terminals and Floating Bridges

1. Along the longitudinal axis: equal to the length of the approach to the ferry terminal, floating bridge.

2. Along the transverse axis: from the centerline of the ferry terminal, floating bridge outward on each upstream and downstream side is 150 meters.

Article 19. Safety Zone Limits for Road Protection Embankments

1. Erosion protection embankments to protect the road foundation

a) From the head of the embankment and from the tail of the embankment outward on each upstream and downstream side 50 meters;

b) From the toe of the embankment outward toward the river 20 meters.

2. Flow regulation embankments

a) From the toe of the embankment outward on each upstream and downstream side 100 meters;

b) From the root of the embankment inward toward the bank 50 meters;

c) From the toe of the head of the embankment outward toward the river 20 meters.

3. In cases where the safety zones of road protection embankments specified in Clauses 1 and 2 of this Article overlap with the safety zones of flood control levees, the boundary is the midpoint of the distance between the outermost points of the two structures.

Article 20. Protective Range for Certain Other Roadside Structures

The protective range for bus stations, parking lots, traffic control stations, vehicle weight inspection stations, toll stations for bridges and roads, rest stops, and other facilities serving road management is the land and water area within the scope of the structure; the area of the structure is defined by state agencies with authority in the Land Use Right Certificate, House Ownership Certificate, and Certificates of Other Assets Attached to the Land.

Article 21. Upper Airspace Protection Limits for New Road Construction

The upper airspace safety limits for new road construction are defined as follows:

1. For roads, 4.75 meters measured vertically upward from the highest point of the road surface. For national standard expressways.

2. For bridges, the highest structural part of the bridge, but not less than 4.75 meters measured vertically upward from the highest point of the bridge deck (the driving surface).

3. The height of communication lines above the road must ensure a minimum vertical distance from the highest point of the road surface to the communication line of 5.50 meters.

4. The height of power transmission lines above the road or directly attached to the bridge structure must ensure safe transportation operations and electrical grid safety according to the voltage of the power line.

Article 22. Distance of Works from Roadway Projects

1. Production facilities that have smoke and dust pollution zones affecting visibility must be located at a distance corresponding to the impact zone caused by the production facility from the outer boundary of the road safety corridor.

2. Lime kilns, brick kilns, or similar production facilities must be situated outside the road safety corridor at a distance of 25 meters.

3. Markets and service business points with parking lots for goods storage must be located outside the road safety corridor and organize connection points for entering and exiting the road according to regulations.

4. Explosive material warehouses, high-risk flammable materials, toxic chemicals, and mining sites using explosives must be located outside the road safety corridor at a distance ensuring traffic safety from fire, explosion, and pollution as stipulated by law.

5. Urban areas, industrial zones, economic zones, residential areas, commercial service areas, and other works, except those specified in Clauses 1, 2, 3, and 4 of this Article, must be located outside the road safety corridor and maintain a distance from the road safety corridor according to architectural space regulations on construction work distances.

6. Other works located outside the road safety corridor but affecting traffic operations and road traffic safety shall be promptly rectified and repaired by the project investor or user.

Article 23. Horizontal Safety Distance Limits for Roads

For telecommunication antenna towers, information lines, power transmission lines, measured from the base of the embankment roof or the top edge of the excavated road roof to the base of the tower, it must be at least 1.3 times the height of the tower and not less than five meters. Other cases are regulated by the Minister of Transport.

Article 24. Safety Distance Limits Below Ground Level and Below Water Surface for Road Projects

The underground and underwater parts of road projects are determined by the competent road management authority for each specific project, in accordance with technical requirements, ensuring traffic safety, structural safety, and without affecting road management and maintenance.

Chapter VI. USE AND EXPLOITATION WITHIN ROAD RIGHT-OF-WAY

Article 25. Use of Roads for Cultural Activities

1. Agencies and organizations requiring the use of roads for cultural activities (sports, parades, festivals) must submit a request letter and a traffic safety plan to the competent road management authority at least 10 working days before the cultural activity takes place. The request letter must clearly state the content, program, and time of road use.

2. The competent road management authority approves the traffic safety plan in writing,分级如下处理此长段文本的翻译任务，确保每个部分都精准无误：

a) Vietnam Highway Administration^[32] approves cultural activities on national highways or multiple road systems including national highways;

b) Department of Transportation approves cultural activities on provincial roads, urban roads within the province, or multiple road systems including provincial roads and urban roads, except for cases under the jurisdiction specified in point a of this clause;

c) Specialized agencies of the People's Committee of the district approve cultural activities on district roads within the district or cultural activities taking place simultaneously on both district and commune roads within the district;

d) People's Committee of the commune approves cultural activities on commune roads within its management area..

3. The competent road management authority shall examine and approve in writing the traffic safety plan within five working days from the date of receipt of the request letter. If traffic restrictions or road closures are necessary, the road management authority must issue a traffic diversion plan announcement; the agency or organization requesting road use for cultural activities must publish the announcement on mass media at least five days before the cultural activity.

4. The agency or organization organizing the cultural activity is responsible for clearing equipment and restoring the road condition upon completion of the cultural activity; they are also responsible for traffic safety issues arising from non-compliance with the approved traffic safety measures.

Article 25a. Temporary Use of Part of the Sidewalk Not for Traffic Purposes^[33]

Clause 1. The temporary use of part of the sidewalk not for traffic purposes shall not cause disorder or disruption to traffic safety.

Clause 2. The sidewalk may be temporarily used for purposes other than traffic in the following cases:

Point a) Propaganda for the Party's guidelines and State laws. The temporary use period of the sidewalk shall not exceed thirty days; in cases where the temporary use period exceeds thirty days, approval from the Ministry of Transport (for national highways) or the People's Committee of the province (for local road systems) is required.

Point b) Funeral arrangements and parking areas serving funerals of households; the temporary use period of the sidewalk shall not exceed forty-eight hours, with special cases not exceeding seventy-two hours.

Point c) Wedding arrangements and parking areas serving weddings of households; the temporary use period of the sidewalk shall not exceed forty-eight hours.

Point d) Parking areas serving cultural, sports, parade, and festival activities; the temporary use period of the sidewalk shall not exceed the duration of the cultural activity.

Point e) Material and construction waste transfer points serving household construction projects; the temporary use period is from 10 PM on the previous day until 6 AM the following morning.

Clause 3. The location of the sidewalk that can be temporarily used for purposes other than traffic must meet the following conditions:

Point a) The remaining portion of the sidewalk reserved for pedestrians must have a minimum width of 1.5 meters.

Point b) The sidewalk must have a load-bearing structure suitable for the permitted temporary use.

Clause 4. For the cases specified in Points b and c of Clause 2 of this Article, households must notify the People's Committee of the ward or commune before temporarily using part of the sidewalk. For the cases specified in Points a, d, and e of Clause 2 of this Article, the People's Committee of the province or centrally governed city shall stipulate administrative procedures for permitting the temporary use of the sidewalk.

Article 25b. Temporary Use of Part of the Roadbed Not for Traffic Purposes^[34]

Clause 1. The temporary use of part of the roadbed for purposes other than traffic shall not cause disorder or disruption to traffic safety.

Clause 2. The roadbed may be temporarily used for purposes other than traffic in the following cases:

Point a) Parking areas serving cultural, sports, parade, and festival activities; the temporary use period of the roadbed shall not exceed the duration of the activity.

Point b) Transfer points for urban domestic waste of environmental sanitation enterprises; the temporary use period is from 10 PM on the previous day until 6 AM the following morning.

Clause 3. The location of the roadbed that can be temporarily used for purposes other than traffic must meet the following conditions:

Point a) It does not belong to the national highway passing through the urban area.

Point b) The remaining portion of the roadbed reserved for vehicles must have a minimum width sufficient to accommodate two lanes for one direction of travel.

Point c) The roadbed must have a load-bearing structure suitable for the permitted temporary use.

Clause 4. The People's Committee of the province or centrally governed city shall stipulate administrative procedures for permitting the temporary use of the roadbed as provided in this Article.

Article 25c. Temporary Use of Part of the Sidewalk or Road Surface for Parking Vehicles^[35]

1. The temporary use of part of the road surface or sidewalk for parking vehicles with charges shall not cause disorder or traffic safety issues.

2. The position of the sidewalk or road surface permitted for temporary use must have a load-bearing structure suitable for the intended temporary use and must meet the following conditions:

Point a) It does not belong to the national highway passing through the urban area.

b) The remaining portion of the road surface must be wide enough to accommodate at least two lanes for motorized vehicles and one lane for non-motorized vehicles in one direction.

c) The remaining portion of the sidewalk for pedestrians must be at least 1.5 meters wide.

3. The People's Committee of provinces and centrally governed cities shall establish, approve, and implement plans for the temporary use of sidewalks and road surfaces until 2023; and stipulate administrative procedures for the temporary use of sidewalks and road surfaces as provided in this Article.

4. The Ministry of Transport, in collaboration with the Ministry of Finance, shall guide the management, exploitation, and temporary use of part of the sidewalk or road surface for parking vehicles, the collection of fees, and the payment to the state budget.

Article 25d. Handling Cases Where Permission Has Been Granted for Temporary Use of Part of the Road Surface or Sidewalk^[36]

1. In cases where the provisions of Clause 2 and Clause 3 of Article 25a, Clause 2 and Clause 3 of Article 25b, and Clause 2 of Article 25c of this Decree are met, permission to continue using the area is granted; upon expiration of the permitted period, the procedure for requesting permission must be repeated.

2. In cases where the provisions of Clause 2 and Clause 3 of Article 25a, Clause 2 and Clause 3 of Article 25b, and Clause 2 of Article 25c of this Decree are not met, permission to continue using the area temporarily is granted for no more than 30 days from the date this Decree takes effect; thereafter, the original condition of the road surface and sidewalk must be restored to ensure traffic order and safety.

Article 26. Use of Land Allocated for Roads

1. Land allocated for roads shall only be used for constructing road projects, utilizing and exploiting for the purpose of ensuring road transport safety, except for certain essential facilities that cannot be located outside the land allocated for roads.

2. The construction of certain essential facilities within the land allocated for roads must ensure the safe operation of road projects and can only be applied in the following cases:

a) Facilities serving security and defense requirements;

b) Facilities with special technical requirements that cannot be located outside the land allocated for roads.

3.^[37] Urban development projects, industrial zones, economic zones, residential areas, commercial service areas, and other constructions must be built according to approved planning and have a separate road system outside the road safety zone. The project investor is responsible for building the separate road system and may not use land allocated for roads for auxiliary works or connecting roads; if it is necessary to use land allocated for roads for connecting to national highways, it must be done at the connection point decided by the provincial People's Committee in accordance with Article 29 of this Decree.

4. Land allocated for roads may not be used for residential purposes, business services; anchoring ships and boats, or constructing facilities that alter water flow, causing erosion and compromising the safety of bridge structures, pontoon bridges, ferry terminals, riverbank stabilization structures, and erosion protection of the road base.

Article 27. Construction of Essential Works within the Scope of Land Allocated for Roadways

1. Organizations and individuals constructing essential works within the scope of land allocated for roadways must comply with the following regulations:

a) Prepare and approve project plans and designs in accordance with laws on investment and construction;

b) Obtain approval documents from competent state management agencies right from the time of preparing the investment project, technical design documents, or economic-technical reports before submitting to the competent authority for approval:

- The Ministry of Transport shall approve for essential works on national highway systems and expressways;

- Provincial People's Committees shall approve for essential works on local road systems.

c) Hold a Construction Permit ensuring traffic safety issued by the competent road management agency.

2. The Ministry of Transport shall stipulate the issuance of Construction Permits for essential works or connection points on national highway systems and expressways. Provincial People's Committees shall stipulate the issuance of Construction Permits for essential works or connection points on local roads.

Article 28. Exploitation and Utilization within the Scope of Road Safety Zone Land

Road safety zone land may be temporarily used for agricultural purposes or advertising without affecting the safety of works, road traffic safety, and must comply with the following provisions:

1. Fish ponds and reservoirs must be at least as far away from the edge of the road base as the height difference between the edge of the road embankment base and the bottom of the pond or reservoir. The water level in the pond or reservoir must not exceed the elevation of the road base.

No fish ponds or reservoirs should be constructed or water accumulated above the road embankment cut.

2. In cases where food crops, vegetables, or fruit trees are planted, the height of the plants must not exceed 0.9 meters (from the road surface) in curved sections, intersections of roads, and crossings of roads with railways, which obstruct visibility; for cut sections, planting must be at least 6 meters away from the outer edge of the road land.

3. Ditches must be at least as far away from the outer edge of the road land as their depth, and the designed safe water level in the ditch must not exceed the elevation of the road base.

4.^[38] (Repealed)

5. Temporary advertising signs installed within the road safety zone must not affect traffic safety and must be approved by the competent road management agency.

Advertising signs must not be installed within the expressway safety zone. Advertising signs installed outside the road safety zone must not affect traffic safety.

6. The use of road safety zones related to adjacent security and defense works must have the agreement of the Ministry of Public Security or the Ministry of National Defense.

7. Construction works on road safety zone land can only be carried out after obtaining a Construction Permit from the competent road management agency and organizing traffic safety according to regulations.

8. The investor using and exploiting the scope of protection of road infrastructure has the following responsibilities:

a) Fully implement procedures for agreement and approval of design (foundation design, technical design, or construction drawing design - depending on the scale and nature of the construction work, hereinafter referred to as design), design review (if necessary), and issuance of Construction Permit in accordance with this Decree and other relevant laws;

b) Commit to relocating or modifying the work according to the schedule required by the competent road management agency;

c) Shall not request compensation and must bear all related responsibility and costs.

9. In cases where works on road safety zone land existed prior to the effective date of regulations on managing road safety zones, consistent with the purpose of use stated in the Land Use Right Certificate, House Ownership Certificate, and Other Property Certificates attached to the land issued by the competent authority, and do not affect traffic safety, such works may continue to be used.

When there is a requirement to reclaim land for upgrading or renovating transportation works, the investor must compensate and support the owner of the dismantled works according to the law.

Article 29. Connecting to National Highway^[39]

1. The connecting roads to national highways include:

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

b) Special-purpose roads;

c) Access roads;

d) Roads from areas and facilities serving national defense, security, economic and social development.

2. The People's Committee of the province shall decide on approving connection points to national highways in accordance with approved planning schemes by competent authorities, complying with connection principles and requirements stipulated by the Minister of Transport; they shall be responsible for ensuring safe traffic and the capacity of the road when implementing connections.

In cases where the connection point is located within an area with difficult terrain for constructing access roads due to the highway right-of-way being divided such as high mountains, deep valleys, rivers, streams, railways, and other obstacles that are difficult to relocate, or where the connection point from facilities serving security, national defense, key national projects, and important local projects for economic and social development does not fully meet the connection requirements to the national highway, the People's Committee of the province shall decide after obtaining the opinion of the Ministry of Transport.

In cases where the connection point is within the scope of a national highway project invested under the public-private partnership model, the People's Committee of the province shall decide after obtaining the unified opinion of the competent authority of the public-private partnership project.

3. The design and construction of intersection nodes at connection points must comply with current technical standards and design requirements for automobile roads, ensuring traffic capacity and safety.

4. Residential roads may only connect to national highways through branch roads or access roads. When forming or expanding the administrative boundaries of urban areas, the People's Committee of the province must utilize existing local road systems or construct access roads along the national highway to minimize direct connections to the national highway.

5. For new national highway projects or those undergoing upgrading, realignment, or bypass construction, from the initial project preparation stage, the project investor or agency tasked with preparing the project must base their determination of the location and scale of the branch road intersection connecting to the national highway on approved planning schemes by competent authorities.

6. Based on the provincial People's Committee's decision approving the connection point to the national highway, organizations or individuals assigned to use the connection point must establish and submit documentation to the competent highway authority for review and approval of the design and traffic organization plan for the connection point to the national highway.

7. Management and use of land for constructing branch roads connecting to the national highway as provided in this Article must comply with laws on land.

Article 30. Construction of Works on Operational Roadways

1. When constructing works on operational roadways or essential works within the land allocated for roadways, it must ensure the safety and smooth passage of people and vehicles; maintain the durability of operational roadways and protect the environment.

2. Construction of works on operational roadways must comply with regulations on ensuring traffic safety as stipulated by the Minister of Transport.

Chapter VII. RESPONSIBILITIES FOR MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE

Article 31. Responsibilities of the Ministry of Transport

1. Uniformly manage state administration over national roads throughout the country; be responsible for organizing the management of construction and maintenance of the national highway system, international transport roads, expressways (including national highways and expressways passing through urban areas).

2. Submit to the Government for issuance or issue within its authority consolidated documents on management and protection of road infrastructure and provide guidance on their implementation.

3. Direct and organize training for cadres managing and protecting central-managed road works; guide provincial People's Committees to organize training for cadres managing and protecting locally-managed road works.

4. Inspect and audit the implementation of legal provisions on management and protection of road infrastructure.

Department of Monetary Policy, Department of Credit Policies for Economic Sectors, Banking Inspection Department notifying the violation, clearly identifying the content of the violation and the measures for handling as stipulated in this Circular;^[40] Inspect, handle or recommend handling within its authority the implementation of regulations on connecting to national highways; request provincial People's Committees to revoke decisions on connections that do not comply with regulations, close unauthorized connection points, and restore the original condition of national highways.

5. Organize, direct, and supervise the activities of Road Traffic Inspection throughout the country.

6. Develop plans, organize, and inspect the implementation of work to prevent, combat, and repair damage to national highway works caused by natural disasters and enemy actions; urge and inspect the implementation of work to prevent, combat, and repair damage to local roads caused by natural disasters and enemy actions.

7. Coordinate with provincial People's Committees and relevant ministries and agencies to promote, disseminate, educate, and implement legal provisions on management and protection of road infrastructure.

8. Coordinate with the Ministry of Finance to allocate funds for road management and maintenance, clearance of road safety zones, prevention and mitigation of consequences caused by natural disasters and enemy actions for the national highway system.

9. Coordinate with the National Committee for Traffic Safety and relevant ministries and agencies to develop a national traffic safety program to submit to the Government.

Article 32. Responsibilities of the Ministry of Public Security

1. Direct and guide forces under its jurisdiction to inspect and handle violations of laws on protection of road infrastructure within its authority.

2. Coordinate with the Ministry of Transport and provincial People's Committees to perform state management functions regarding the protection of road infrastructure.

3. Coordinate with the Ministry of Transport to determine the list and develop protection plans for important road works, submit to the Prime Minister for approval and organize implementation.

Article 33. Responsibilities of the Ministry of Defense

Lead and coordinate with the Ministry of Transport to organize the protection of defense works combined with road works.

Article 34. Responsibilities of the Ministry of Agriculture and Rural Development

Direct and guide the implementation of planning and construction of water conservancy works related to road works; guide the use of land within road safety zones for agricultural cultivation, ensuring technical standards and safety of road works.

Article 35. Responsibilities of the Ministry of Natural Resources and Environment

Lead and coordinate with provincial People's Committees and the Ministry of Transport to guide planning and land use for roads; stipulate environmental protection measures due to the impact of road traffic.

Article 36. Responsibilities of the Ministry of Construction

Direct and guide construction outside road safety zones; coordinate with the Ministry of Transport and provincial People's Committees in urban transportation infrastructure planning and implementation work.

Article 37.^[41] (Repealed)

Article 38. Responsibilities of the Ministry of Finance

Take the lead and coordinate with the Ministry of Transport and provincial People's Committees to aggregate and allocate funds for managing, maintaining national roads, and protecting road traffic infrastructure, including funds for clearing safety zones along national roads allocated from state budget expenditures or derived from the state budget.

Article 39. Responsibilities of Ministries and Equivalent Ministries

Ministries and equivalent ministries shall review and approve planning, construction of projects, industrial zones, urban areas, residential areas, commercial service areas, and retail gasoline stations related to land designated for national roads in accordance with this Decree; they are responsible for supervising implementation and handling violations according to regulations.

Article 40. Responsibilities of Provincial People's Committees

1. Organize and direct the dissemination, popularization, and education on laws concerning the protection of road traffic infrastructure within their jurisdiction..

2. Guide and organize the implementation of regulations on the protection of road traffic infrastructure within their jurisdiction.

2a.^[42]Implement connections to national highways in compliance with regulations; revoke decisions on connections that do not comply with regulations and bear responsibility for damages related to non-compliant connection decisions.

3. Direct and inspect the People's Committees of districts and Departments of Transport in implementing preventive measures, blocking violations, and resolving violations of safety zones along national roads within their jurisdiction.

4. Organize, direct, and inspect the Departments of Transport in the following areas:

a) Activities of Road Traffic Inspectors;

b) Issuance and revocation of Construction Permits, suspension of activities causing traffic safety hazards and safety hazards to road infrastructure within the protected zone of road traffic infrastructure;

c) Management of implementation of road traffic infrastructure planning; management and maintenance of local road systems.

5. Direct, guide, and inspect the People's Committees of districts in the following areas:

a) Protection of road works within district territory;

b) Management of land use within and outside the safety zones of national roads, particularly the allocation of land and issuance of Building Permits along national roads;

c) Removal of constructions violating the protection of road traffic infrastructure within the district's territory.

6. Mobilize forces, materials, and equipment to restore traffic promptly when affected by natural disasters or enemy actions.

7. Develop plans and direct the implementation of preventive measures, blocking violations, and resolving safety zones along national roads within their jurisdiction.

8. Review and approve planning, construction of projects, industrial zones, urban areas, residential areas, commercial service areas, and retail gasoline stations related to land designated for national roads in accordance with this Decree; they are responsible for supervising implementation and handling violations according to regulations.

9. Resolve disputes, complaints, and accusations related to the protection of road traffic infrastructure within their jurisdiction in accordance with the law.

Article 41. Responsibilities of the People's Committee at the district level

1. Managing and maintaining the road system assigned within the district's jurisdiction.

2. Organizing propaganda, dissemination, and education for the public on regulations concerning the scope of land allocated for roads and the protection of road traffic infrastructure.

3. Managing the use of land inside and outside the safe road corridor in accordance with the provisions of the law; promptly handling cases of encroachment, occupation, and illegal use of the safe road corridor land.

4. Cooperating with road management units and related forces to implement measures to protect road works.

5. Implementing measures to protect the safe road corridor, preventing encroachment, and forcibly removing unauthorized construction projects to clear the safe road corridor.

6. Mobilizing all forces, materials, and equipment to protect works, promptly restoring traffic when affected by natural disasters or enemy activities.

7. Resolving disputes, complaints, and denunciations related to the protection of road traffic infrastructure within the district's jurisdiction in accordance with the provisions of the law.

Article 42. Responsibilities of the People's Committee at the commune level

1. Managing and maintaining the roads assigned within the commune's jurisdiction.

2. Propagandizing, disseminating, and educating the public on regulations concerning the scope of land allocated for roads and the protection of road traffic infrastructure.

3. Cooperating with the direct management unit of the road work and related forces to implement measures to protect road works including the maintenance of boundary markers and clearance markers of projects.

4. Managing the use of land inside and outside the safe road corridor in accordance with the provisions of the law; promptly detecting and handling cases of encroachment, occupation, and illegal use of the safe road corridor.

5. Mobilizing all forces, materials, and equipment to protect works, promptly restoring traffic when affected by natural disasters or enemy activities.

6. Resolving disputes, complaints, and denunciations related to the protection of road traffic infrastructure within the commune's jurisdiction in accordance with the provisions of the law.

Article 43. Determination of time periods for existing works within the scope of land allocated for roads

1. Before December 21, 1982: the period before the regulation on existing works within the scope of land allocated for roads was established.

2. From December 21, 1982 to before January 1, 2000: the period applying Decree No. 203/HĐBT dated December 21, 1982 of the Council of Ministers on the Road Protection Regulations.

3. From January 1, 2000 to before November 30, 2004: the period applying Decree No. 172/1999/NĐ-CP dated December 7, 1999 of the Government detailing the implementation of the Ordinance on the Protection of Traffic Works for road traffic works.

4. From November 30, 2004 to before the effective date of this Decree: the period applying Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on the management and protection of road traffic infrastructure.

Article 44. Provisions on resolving existing works within the land allocated for roads

1. Immediately remove works causing harm to the stability of road works and the safety of road transport operations.

2. For works that are not directly affecting the stability of road works and the safety of road transport, they may be temporarily maintained in their current state but the owner must commit not to expand them and to remove them upon request from the competent state management agency.

3. Compensation and support for owners of removed works shall be implemented in accordance with the provisions of the law.

Article 45. Coordination for the Protection of Road Traffic Infrastructure Structures

1. The Ministry of Transport shall be responsible for promulgating or leading and coordinating with relevant ministries and sectors to develop regulatory documents guiding the implementation of land use for roads and the protection of road traffic infrastructure structures.

2. The Ministry of Transport shall lead and coordinate with the Ministry of Public Security to have plans to inspect and audit the protection of road traffic infrastructure structures at localities, urging localities to address existing violations and unauthorized constructions within road safety zones.

3. Ministries and sectors shall implement the protection of road traffic infrastructure structures based on their functions, tasks, and responsibilities stipulated in the Law on Road Traffic and this Decree.

4. Provincial People's Committees shall direct district-level People's Committees, commune-level People's Committees, and Departments of Transport to develop plans and coordinate with road management units to perform the task of protecting road traffic infrastructure structures; handle cases of violations in the use of land in road safety zones; and instruct specialized agencies to monitor and compile reports on the use of land for roads and report to the Ministry of Transport, Vietnam Highway Administration, and Vietnam Expressway Corporation.^[43].

5. Ministries and sectors when planning or implementing projects related to road traffic infrastructure structures must have a unified document from the Ministry of Transport from the project planning stage and guide investors and contractors to design and construct in accordance with the regulations on the use of land for roads and ensuring traffic safety during construction as prescribed by the Law on Road Traffic and this Decree.

Chapter VIII. IMPLEMENTING PROVISIONS^[44]

Article 46. Effectiveness and Implementation Guidance

1. This Decree takes effect from April 15, 2010, and replaces Government Decree No. 186/2004/NĐ-CP dated November 5, 2004, concerning the management and protection of road traffic infrastructure structures.

2. The Minister of Transport shall provide guidance on the implementation of Articles 4, 11, 27, 28, 29, 30, and other necessary contents of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central city administration are responsible for implementing this Decree./.

Appendix I^[45]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

MODEL OF APPROVAL LETTER FOR ROAD TRAFFIC SAFETY INSPECTOR TRAINING INSTITUTIONS

APPROVAL LETTER FOR ROAD TRAFFIC SAFETY INSPECTOR TRAINING INSTITUTIONS

Pursuant to Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, concerning the management and protection of road traffic infrastructure structures (amended and supplemented by Government Decrees No. 100/2013/NĐ-CP dated September 3, 2013, No. 64/2016/NĐ-CP dated July 1, 2016, No. 125/2018/NĐ-CP dated September 19, 2018, No. 117/2021/NĐ-CP dated December 22, 2021, and No.../2022/NĐ-CP dated.../.../2022);

Pursuant to Decision No…/QĐ-BGTVT dated... month... year... of the Minister of Transport regarding the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration;

Considering the proposal of (name of training institution)...in Circular No...dated...month...year...regarding the approval of the training institution for road traffic safety inspectors;

At the recommendation of the Department Head:...,

DIRECTOR OF VIETNAM HIGHWAY ADMINISTRATION

1. Approve (

training institutionAddress:...;):........................................................................;

Phone number:...; Fax number:...; Email...;

2. Legal representative (

of the training institution):...position...;ID number (or identity card, passport)...issued by...on...month...year 20...

Is a Training Institution for Road Traffic Safety Inspectors.

3. The training institution must present the Approval Letter and be subject to inspection and audit by authorized agencies as prescribed./.

- Ministry of Transport (for record);

Seal Registration Certificate^[46]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

ROAD TRAFFIC SAFETY INSPECTOR

Certificate format:

1. Hard cover, single-sided, measuring 200 mm x 140 mm, with a recessed national emblem pattern background.

2. The certificate number consists of two groups of numbers separated by a " - ", specifically:

- Group 1: Two digits indicating the last two digits of the year the certificate was issued;

- Group 2: Nine digits indicating the serial number of the certificate.

MODEL APPLICATION FOR ISSUANCE OF ROAD TRAFFIC SAFETY INSPECTOR CERTIFICATE

ANNEX III^[47]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

Number:      /TTr-…

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

To: Vietnam Highway Administration

Pursuant to Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, concerning the management and protection of road traffic infrastructure structures (amended and supplemented by Government Decrees No. 100/2013/NĐ-CP dated September 3, 2013, No. 64/2016/NĐ-CP dated July 1, 2016, No. 125/2018/NĐ-CP dated September 19, 2018, No. 117/2021/NĐ-CP dated December 22, 2021, and No.../2022/NĐ-CP dated.../.../2022);

Implementing the Training Plan No.../.... dated... month... year... of..... (1) Pursuant to Decision No.../QĐ-...dated... month... year...of...(1) recognizing the results of the road traffic safety inspector examination of class..., course...;(1), we request the Vietnam Highway Administration to consider and issue the road traffic safety inspector certificate with the following contents:

1. Name of training institution:... (1);

Phone number:...; Fax number:...; Email...;

Phone number:...; Fax number:...; Email...;

2. Summary of training process (program, plan, number of participants in the course, examination results...).

3. Number of certificates requested to be issued:... certificates.

List of candidates for certificate issuance according to the Examination Result Recognition Decision No.../QĐ-...dated... month...year 20... (candidates who passed the examination requirements)./..

- ... (2) (for record);

(1): Name of training institution.

(2): Name of the immediate superior agency of the training institution (if any).

MODEL APPLICATION FOR REPLACEMENT OR REISSUE OF ROAD TRAFFIC SAFETY INSPECTOR CERTIFICATE

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS^[48]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

4 x 6cm

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Pursuant to Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, concerning the management and protection of road traffic infrastructure structures (amended and supplemented by Government Decrees No. 100/2013/NĐ-CP dated September 3, 2013, No. 64/2016/NĐ-CP dated July 1, 2016, No. 125/2018/NĐ-CP dated September 19, 2018, No. 117/2021/NĐ-CP dated December 22, 2021, and No.../2022/NĐ-CP dated.../.../2022);

for foreign nationalsDate of birth:...;):...........................;

Personal identification number/ID card number:...;

Passport number (

):...issued by...on...month...year 20...;Date of birth:...;)...issued by...on...day...month...year 20...;

2. Legal representative (

2. I have participated in the traffic safety inspector training course for road traffic organized by ... (1) ... at: ...;

I have been issued a traffic safety inspector certificate for road traffic; information about the certificate:

- Certificate number: ...;

- Date of issue: ...;

- Valid until: ...;

3. Request to be allowed to exchange (or reissue the certificate)

Reason: ... (2) ...;

4. Request for me:

Receive the certificate directly: □

Receive the certificate through the postal system: □

Address to receive the certificate through the postal system: ... (3) ...;

Enclosed are:

- Two (2) color photos in ID card size 4cm x 6cm (for cases where the application is submitted directly or through the postal system); electronic photo files in ID card size 4cm x 6cm (for cases where the application is submitted online via the public service system);

- Declaration of experience in inspecting and evaluating traffic safety on roads, designing, and approving measures to address black spots and potential accident points during the period the requested certificate is valid (for renewal requests).

I hereby solemnly declare that the above statements are true; if false, I will bear full responsibility under the law./.

(1): Name of training institution.

(2): Name of the immediate superior agency of the training institution (if any).

(2): In case of renewing the certificate, state the reason as "the certificate has expired"; in case of reissuing the certificate, state the reason as "the certificate is lost or damaged".

(3): Mark X to choose one out of two options for receiving the Traffic Safety Inspector Certificate.

Appendix V^[49]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

SAMPLE DECLARATION OF EXPERIENCE
(For Renewal of Traffic Safety Inspector Certificate for Road Traffic)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., date..., month..., year...

DECLARATION OF EXPERIENCE

(For Renewal of Traffic Safety Inspector Certificate for Road Traffic)

1. Name:...

2. Professional activities in the field of road traffic (specify time, place of work, and tasks performed):

I hereby take full responsibility before the law for the contents of this self-declaration./.

ANNEX VI^[50]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

SAMPLE LETTER REQUESTING APPROVAL
TRAINING INSTITUTION FOR TRAFFIC SAFETY INSPECTORS ON ROAD TRAFFIC

Pursuant to Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, concerning the management and protection of road traffic infrastructure structures (amended and supplemented by Government Decrees No. 100/2013/NĐ-CP dated September 3, 2013, No. 64/2016/NĐ-CP dated July 1, 2016, No. 125/2018/NĐ-CP dated September 19, 2018, No. 117/2021/NĐ-CP dated December 22, 2021, and No.../2022/NĐ-CP dated.../.../2022);

... (1) ...is... (3) ...;

In accordance with the provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (which has been amended and supplemented by Decrees No. 100/2013/NĐ-CP dated September 3, 2013, No. 64/2016/NĐ-CP dated July 1, 2016, No. 125/2018/NĐ-CP dated September 19, 2018, No. 117/2021/NĐ-CP dated December 22, 2021, No. 70/2022/NĐ-CP dated September 27, 2022 of the Government and Decree No....../NĐ-CP dated.../.../20...), ... (1) ...fulfills the conditions to operate traffic safety inspector training.

... (1) ...respectfully requests to be approved as a training institution for traffic safety inspectors on road traffic with the following main information:

Phone number:...; Fax number:...; Email...;

Phone number:...; Fax number:...; Email...;

Phone number:...; Fax number:...; Email:...;

Business registration number (if applicable):... (4) ...;

Number and name of legal document stipulating the functions and responsibilities of the competent authority (if applicable); (4)

Number and name of Decision establishing the competent authority (if applicable); (4)

2. Legal representative of the training institution:..., position:...;

Personal identification number/ID card number:...;

Passport number (for foreigners):..., issued by...on...day...month...year... Please attach the following documents with this letter:

Declaration of facilities;

List of lecturers (including declaration of professional qualifications and practical experience in professional activities);

3. Request for me:

Receive Training Institution Approval Certificate directly: □

Receive Training Institution Approval Certificate online: □

Receive the certificate through the postal system: □

Address to receive the certificate through the postal system:... (5) ...;

Respectfully,

(1): Name of training institution.

(1): Name of organization, unit with need.

(2): Name of direct superior organization (if any) of the organization, unit with need.

(3): Organization, unit with need briefly introduces itself.

(4): Declare one out of three cases.

(5): Mark X to choose one out of three options for receiving the Training Institution Approval Certificate.

Appendix VII^[51]

(Issued together with Government Decree No. 11/2010/NĐ-CP dated February 24, 2010)

SAMPLE LETTER REQUESTING REISSUE OF TRAINING INSTITUTION APPROVAL CERTIFICATE FOR TRAFFIC SAFETY INSPECTORS ON ROAD TRAFFIC

To: Vietnam Highway Administration.

... (1) ...has been issued a Training Institution Approval Certificate for Traffic Safety Inspectors on Road Traffic No.../GCT-CĐBVN on...day...month...year 20...by... (6) ...; the main information as follows:

1. Training institution name:... (1);

Phone number:...; Fax number:...; Email...;

2. Legal representative (

Business registration number (if applicable) ... (3);

Number and name of legal document stipulating the functions and responsibilities of the competent authority (if applicable); (3)

Number and name of Decision establishing the competent authority (if applicable); (3)

2. Legal representative of the training institution:...position...;

Personal identification number/ID card number:...;

Passport number (for foreigners):..., issued by...on...day...month...year... (1) ...respectfully requests to be reissued a Training Institution Approval Certificate for Traffic Safety Inspectors on Road Traffic.

Reason... (4) ...

... (1) ...will submit the damaged Approval Certificate No.../GCT-CĐBVN after receiving the new Approval Certificate. (5)

3. Request for me:

Receive Training Institution Approval Certificate directly: □

Receive Training Institution Approval Certificate online: □

Receive the certificate through the postal system: □

Address to receive the certificate through the postal system:... (7) ...;

Respectfully,

(1): Name of training institution.

(1): Name of training institution requesting reissue of the Approval Certificate.

(2): Name of direct superior organization (if any) of the training institution.

(3): Declare one out of three cases.

(4): State the reason: The Approval Certificate is lost or damaged.

(5): Only write this line when the Approval Certificate is damaged.

(6): Name of the agency issuing the Training Institution Approval Certificate for Traffic Safety Inspectors on Road Traffic.

(7): Mark X to choose one out of three options for receiving the Training Institution Approval Certificate.