Circular No. 39/2011/TT-BGTVT guiding the implementation of certain provisions of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010 on management and protection of road traffic infrastructure.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government 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

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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;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

The Minister of Transport issues guidelines for implementing certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the implementation of certain provisions of Decree No. 11/2010/NĐ-CP of the Government on management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 11/2010/NĐ-CP) including: scope of protection of road traffic infrastructure, use of the scope of protection of road traffic infrastructure, connecting branch roads to national highways, numbering and naming systems for provincial road networks, ensuring traffic and safety during construction within the operational scope of road traffic infrastructure protection, and traffic safety assessment and review.

Article 2. Applicability

These Circulars apply to agencies, organizations, and individuals related to the management, protection, and exploitation and use of the scope of protection of road traffic infrastructure; ensuring traffic and safety during construction within the operational scope of road traffic infrastructure protection; and traffic safety assessment and review.

Chapter II

SCOPE OF PROTECTION OF ROAD INFRASTRUCTURE

Article 3. Land of Roads

Land of Roads includes the land on which road works are constructed and the land along both sides of the road for managing, maintaining, and protecting road works. Road works include:

1. Roadways

a) Roads (roadbed, surface, shoulders, sidewalks);

b) Highway bridges (river-crossing bridges, mountain-crossing bridges, urban-overpass bridges, highway-overpass bridges, railway-overpass bridges, sea-crossing bridges), including pedestrian bridges;

c) Highway tunnels (mountain-pass tunnels, river-underpass tunnels, road-underpass tunnels, railway-underpass tunnels, urban-underpass tunnels), including pedestrian tunnels;

d) Ferry terminals, pontoon bridges, underground passages, overflow roads.

2. Parking areas on roads, traffic control stations, vehicle weight inspection stations, bridge toll stations, road toll stations.

3. Signaling systems including traffic lights, signboards, signboard poles or traffic lights, height restriction frames, guideposts, kilometer markers, road markings, and other equipment.

4. Traffic islands, median strips, barriers, guardrails.

5. Survey marks, road boundary marks, construction site clearance markers.

6. Road lighting systems.

7. Drainage systems, technical tunnels, riverbank protections.

8. Erosion prevention works, stream regulation works, slope stabilization works.

9. Emergency access roads, facilities for crossing waterways, storage houses, places for storing emergency traffic assurance materials.

10. Auxiliary works for environmental protection and traffic safety assurance.

Article 4. Road Safety Zones

1. Road Safety Zones are the strips of land along both sides of the road land (including the water surfaces alongside bridges, tunnels, ferry terminals, pontoon bridges) aimed at ensuring traffic safety and protecting road works.

2. The boundaries of Road Safety Zones are defined from Article 15 to Article 19 of Decree No. 11/2010/NĐ-CP. Road management agencies must determine the width of Road Safety Zones based on the technical grade of the managed road according to planning, and for bridges, based on the length of the bridge.

3. In cases where roads share space with hydraulic works, the Road Safety Zones shall be regulated in accordance with laws on dyke management.

Article 5. Determination of the scope of land for highways and the safety zone of highways

1. In cases where the scope of land for highways and the safety zone of highways have not been determined, the boundary markers for the highway and the scope of land for highways and the safety zone of highways shall be determined in accordance with the provisions of Decree No. 11/2010/NĐ-CP.

2. For highways currently in operation, if the scope of the safety zone of highways has been approved by competent authorities before the effective date of Decree No. 11/2010/NĐ-CP, the scope of land for highways and the safety zone of highways shall be determined as follows:

a) The scope of land for highways shall be determined in accordance with the provisions of Article 14 of Decree No. 11/2010/NĐ-CP.

b) The scope of the safety zone of highways shall be determined after determining the scope of land for highways; specifically:

- If the remaining part of the safety zone of highways is greater than or equal to the width prescribed in Article 15 of Decree No. 11/2010/NĐ-CP, it remains unchanged.

- If the remaining part of the safety zone of highways is less than the width prescribed in Article 15 of Decree No. 11/2010/NĐ-CP, the scope of the safety zone of highways shall be re-determined in accordance with the provisions of Decree No. 11/2010/NĐ-CP.

Article 6. Airspace protection range of highway works

1. Works existing before this Circular takes effect (approved by competent authorities for construction), if the airspace protection range of highway works does not comply with the provisions of Article 21 of Decree No. 11/2010/NĐ-CP, and at the same time do not pose danger, do not cause traffic safety issues, may temporarily maintain the current status.

2. New works constructed, improved, expanded, or works currently in operation that do not meet the provisions of Article 21 of Decree No. 11/2010/NĐ-CP and pose danger, causing traffic safety issues must ensure the airspace protection range of highway works (vertically) as follows:

a) For overpasses on highways, the minimum distance from the highest point of the road surface to the lowest point of the bridge structure vertically (excluding the allowance for raising the road surface when repairing, expanding, or improving) is 4.75 meters (four meters seventy-five centimeters).

For overpasses on expressways, they must comply with the design standards for expressways.

b) For communication lines above highways, the vertical distance from the highest point of the road surface (excluding the allowance for raising the road surface when repairing, expanding, or improving) to the lowest point of the communication line in its maximum sag state must be at least 5.50 meters (five meters fifty centimeters).

c) For power transmission lines above highways, the minimum vertical distance from the lowest point of the power transmission line in its maximum sag state to the highest point of the road surface (excluding the allowance for raising the road surface when repairing, expanding, or improving) must be at least 4.75 meters (four meters seventy-five centimeters) plus the safe discharge distance according to the voltage level prescribed by the law on electricity.

The owner of the power grid is responsible for installing and managing warning signs and height restriction signs at intersections between overhead power transmission lines and roads below, in accordance with the Road Traffic Sign Regulations and the guidance of the direct management unit of the road section.

3. Determining the allowance for raising the road surface

a) For works crossing over highways, based on the current status and planning of the highway route with the work crossing over, the allowance for raising the road surface shall be determined.

b) For highway works under bridges or essential works, based on the design of the highway works and the planning of the highway route, the allowance for raising the road surface shall be determined.

Article 7. Lateral safety distance for essential works along the road

1. Essential works specified in Clause 1, Article 12 of this Circular, if permitted by competent traffic management authorities to be constructed within the scope of land of the road, including the road safety zone (including underwater parts), must be at a depth or lateral distance that does not affect the management, maintenance, exploitation, and durability of the road works. The depth and lateral distance shall be specifically determined by the competent traffic management authority in the construction approval document.

2. The minimum lateral safety distance for essential works' columns (located inside or outside the road safety zone) must ensure the following distances:

a) For columns with a height (measured from ground level at the base of the column to the top of the column) greater than 4.0 meters (four meters), the distance measured from the edge of the road embankment roof or the top edge of the road cutting roof to the base of the column must be at least 1.3 times the height of the column.

b) For columns with a height (measured from ground level at the base of the column to the top of the column) less than or equal to 4.0 meters (four meters), the distance measured from the edge of the road embankment roof or the top edge of the road cutting roof to the base of the column must be at least 5 meters (five meters).

c) In cases where the road passes through urban or town areas, the lateral safety distance for the road must be equal to the width of the building boundary as approved by the competent authority according to the planning.

d) In cases where the road passes through mountainous areas with high mountains and deep valleys, the lateral safety distance for essential works' columns may be smaller than the distances specified in points a and b of this clause but must be at least 2.0 meters (two meters) from the edge of the vehicle lane. The specific limit shall be determined by the competent traffic management authority in the construction approval document.

Article 8. Overlapping Safety Zones Between Road and Railway

When the railway safety zone overlaps with the road safety zone, the demarcation of the safety zones shall be based on the principle of prioritizing sufficient railway safety zones while ensuring that the railway safety zone limits do not overlap with the road embankment roof or any part of the road works. Specifically:

1. In cases where road and railway works are adjacent and share a common longitudinal ditch, the boundary of the safety zone shall be defined according to the provisions of Clause 3, Article 15 of Decree No. 11/2010/NĐ-CP.

2. In cases where the combined safety zones of both the road and railway are smaller than the total safety zones required for each, priority shall be given to ensuring sufficient railway safety zones; if the railway safety zone limit would overlap with road works when fully established, the railway safety zone limit shall be the outermost edge of the road works.

Article 9. Works Outside the Road Safety Zone

1. Works located outside the road safety zone must comply with the distance requirements from the road safety zone as stipulated in Article 22 of Decree No. 11/2010/NĐ-CP.

2. Works located outside the road safety zone that affect road traffic operations and safety, once identified and requested to be rectified by the competent traffic management authority, the work owner must promptly address them. If the work owner fails to comply voluntarily, the traffic management authority must prepare a report to request the competent People's Committee to handle it according to the law.

Chapter III

USE AND EXPLOITATION OF ROAD TRAFFIC INFRASTRUCTURE PROTECTION ZONE

Article 10. Use and exploitation of the protection zone for road traffic infrastructure structures

1. The protection zone for road traffic infrastructure structures shall only be used to construct road works and facilities serving the purpose of ensuring road transport safety; except for certain essential works that cannot be located outside the protection zone for road traffic infrastructure structures but must be approved by competent authorities. Unauthorized construction of other types of works within the protection zone for road traffic infrastructure structures is strictly prohibited.

The exploitation and use of the protection zone for road traffic infrastructure structures shall comply with Articles 26 and 28 of Decree No. 11/2010/NĐ-CP and the provisions of this Circular.

2. Before expanding the urban or town boundary where roads pass through, the Provincial People's Committee must construct bypass roads along both sides of the road and connection points according to the provisions of this Circular for sections of the road that will be within the expanded urban or town area.

3. Direct connections to national highways should be limited. Industrial zones, economic zones, residential areas, commercial-service areas, or other construction projects along the road must be located outside the road safety corridor and must have bypass roads connecting from the project to branch roads; in cases where there are no branch roads, direct connections to national highways may be allowed, but the minimum distance between two connection points to the national highway as stipulated in this Circular must be ensured.

4. Bypass roads must be located outside the road safety corridor; bypass roads can be constructed to serve one or more adjacent projects.

In special cases due to difficult terrain, objects, or insufficient land, part of the bypass road may be allowed to be within the road safety corridor; the Provincial People's Committee decides on local road systems, and the Ministry of Transport decides on national road systems based on proposals from the Provincial People's Committee and the review opinion of the Vietnam Highway Administration.

5. Branch roads connecting to operational national highways shall comply with Article 29 of Decree No. 11/2010/NĐ-CP and the provisions of this Circular.

Where necessary, competent authorities may consider and approve temporary branch road connections for transporting materials, equipment, and constructing infrastructure projects outside the road land area.

6. Gas stations built along national highways must be within the planning system of gas stations approved by the Provincial People's Committee (or the Ministry of Industry and Trade); the connection points for access roads to gas stations must be within the planning system of connection points agreed upon by the Ministry of Transport and the Provincial People's Committee.

7. Direct connections of gas stations to expressways are not permitted. Gas stations can only be constructed and connected to branch roads already linked to expressways or built inside rest stops or service stations according to the initial design of the expressway. Gas stations related to road projects with specific operating regulations must comply with the regulations of those road projects.

8. Roads from residences can only connect to national highways via branch roads; existing roads must gradually be removed and replaced with bypass roads according to approved connection point planning.

9. The use of safety corridors at locations where roads and railways overlap must be approved by the competent road management authority and railway management authority.

10. Advertising within the road safety corridor can only be temporarily implemented when it is impossible to implement outside the road safety corridor due to terrain conditions. All forms of advertising within the road land area are prohibited.

11. It is not allowed to use the space under road bridges for living, business services, parking stops, bus stations causing loss of bridge safety, traffic safety, environmental pollution.

For using the space under road bridges in cities as temporary parking lots, decisions must be made by the Provincial People's Committee for bridges managed by localities, and by the Ministry of Transport for bridges on national highways passing through cities based on proposals from the Provincial People's Committee. The Department of Transport is responsible for organizing the use of the space under road bridges in cities as temporary parking lots. Temporary parking lots must ensure fire prevention and explosion safety, traffic safety, environmental protection, and facilitate inspection, maintenance, and repair of bridges according to regulations.

12. For hydropower and irrigation projects with flood avoidance routes:

a) The construction costs of flood avoidance routes shall be borne by the hydropower and irrigation project investors.

b) Project investors must obtain agreement from the Vietnam Highway Administration regarding the route direction, scale, technical standards, and other relevant issues concerning national highways from the project planning stage.

c) The Provincial People's Committee shall specify the competent authority to agree on local road systems.

13. The Provincial People's Committee shall base its specific regulations on the use of the protection zone for road traffic infrastructure structures for provincial roads, urban roads, district roads, and commune roads on Decree No. 11/2010/NĐ-CP and the guidance provided in this Circular, ensuring compliance with legal provisions and actual conditions of the locality.

Article 11. Management, use, and exploitation of the scope of protection of road traffic infrastructure constructed under the Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Build-Transfer (BT) forms, and dedicated roads

1. The construction of essential works, construction, and renovation of traffic junctions and connection points related to road projects constructed under the BOT, BTO, or BT forms, competent road authorities when implementing planning agreements, approving construction, approving designs, and issuing construction permits must also obtain written agreement from the BOT, BTO, or BT project investors on issues of traffic safety, impact on the structure of the works, toll collection, and other related matters, in addition to complying with the provisions of this Circular.

2. The construction of essential works, construction, and renovation of traffic junctions and connection points related to dedicated roads shall be directly examined and decided by the organizations or individuals managing and operating such dedicated roads.

Article 12. Essential Works Constructed within the Scope of Protection of Road Traffic Infrastructure

1. Essential works include:

a) National defense and security works;

b) Works for road management and operation;

c) Telecommunication, power, water supply and drainage, oil, gas pipelines;

d) Works with special technical requirements that cannot be located outside the scope of protection of road traffic infrastructure; works that must be located on the same plane as the road works to ensure synchronization and cost-effectiveness.

2. In cases where it is not possible to construct outside the scope of protection of road traffic infrastructure, essential works may be permitted to be constructed within the scope of protection of road traffic infrastructure upon consideration by the competent authority.

3. In cases where construction takes place outside the scope of protection of road traffic infrastructure but affects traffic safety and the safety of road traffic infrastructure, the construction of essential works must be approved by the competent road management authority.

4. Essential works approved for construction and issued construction permits pursuant to Clause 2 of this Article must be relocated promptly at the request of the competent road management authority; no compensation or support for relocation will be provided for parts of the works already approved for construction and issued construction permits; the Project Investor or User of the essential works shall bear full responsibility for the construction of the essential works.

Article 13. Approval for Construction of Essential Works within the Scope of Protection of Road Traffic Infrastructure of Operational National Roads

1. Before submitting the project for approval by the competent authority, the investor of the essential work project shall submit a proposal requesting approval for construction within the scope of protection of road traffic infrastructure to the competent road management authority for examination and resolution, as specified as follows:

a) The Ministry of Transport shall approve projects related to expressways and roads with separate management and operation regulations.

b) Vietnam Highway Corporation shall approve the following projects, except those specified in point a of this clause:

- New essential works projects of Group A and Group B scale; involving first-class, second-class, or third-class roads, or involving the management scope of two or more direct national road management agencies (National Road Management Units or Provincial Departments of Transportation);

- Essential works projects for repair, renovation, and upgrading involving first-class or second-class roads.

c) National Road Management Units or Provincial Departments of Transportation shall approve:

- New essential works projects of Group C scale and below, which do not require a project and are not within the jurisdiction of Vietnam Highway Corporation as specified in point b of this clause;

- Essential works projects for repair, renovation, and upgrading involving third-class or lower roads.

2. Procedures and methods for implementing the procedures as stipulated in Article 18 of this Circular.

3. Documents for Requesting Approval for Construction of Essential Works

a) Components of the dossier include:

- Application for construction of essential works within the scope of protection of road traffic infrastructure (original copy) according to the model attached as Appendix 1 to this Circular.

- Design documents, including plan, longitudinal profile, cross-sectional diagrams of the section where the works are to be constructed (original copy). If the design documents are technical design or construction drawing design documents, for essential works passing through bridges, tunnels, or other complex road works, there must be a report on the results of design review (certified copy by the project owner).

- Commitment to relocate or renovate the works according to the schedule required by the competent road management authority; no compensation shall be requested and all related financial responsibilities must be borne entirely.

b) Number of dossiers: 01 set.

4. Time limit for resolution is 10 working days from the date of receipt of complete documents as prescribed.

5. The approval document for construction of essential works is valid for 18 months from the date of issuance; if it exceeds 18 months, it must be extended. The extension procedure is as follows:

a) Application for extension of approval for construction of essential works by the project owner (original copy) according to the model attached as Appendix 2 to this Circular.

b) Resolution time: within 10 working days from the date of receipt of complete documents as prescribed.

c) Extension period: only one (01) extension allowed, not exceeding 12 months.

d) Procedures and methods for implementing the procedures as stipulated in Article 18 of this Circular.

Article 14. Permit for Construction of Essential Works within the Scope of Protection of Road Traffic Infrastructure Structures of Operational National Highways

1. After receiving the approval document for construction of essential works from the competent road management agency, the investor of the essential works must:

a) Complete the design dossier according to the approval document of the competent road management agency.

b) Organize the review of the design dossier of the work in accordance with the regulations on investment and construction management.

c) Approve the project for construction of the work according to current regulations.

d) Submit the dossier as prescribed in Clause 3 of this Article to the competent authority to request permission to construct the work.

The competent authority issuing the construction permit is the Road Management Zone or the Department of Transport assigned to manage the national highway route.

2. Procedures and methods for implementing the procedures as stipulated in Article 18 of this Circular.

3. Dossier for Requesting Permission to Construct Essential Works

a) Components of the dossier include:

- Application for construction permit (original copy) according to the model attached as Appendix 4 to this Circular;

- Approval document for construction of essential works issued by the competent road management agency (copy certified by the Investor);

- Design dossier including construction drawings and measures to ensure traffic safety, which have been approved by the competent authority (original copy).

b) Number of sets of dossier: 01 set; specifically, the design dossier including construction drawings is 02 sets.

4. Time limit for resolution is 10 working days from the date of receipt of complete dossier as prescribed.

5. The investor is responsible for the quality of construction of essential works affecting traffic safety and the durability of road structures. The design consultant, construction supervision consultant, and construction contractor of essential works must have sufficient professional capacity for road works.

6. Essential works constructed within the scope of protection of road traffic infrastructure must be inspected by the construction permit issuing authority for sections of road works.

7. The investor of essential works submits 01 set of completion dossier for the construction permit issuing authority to store and update the essential works into the route management dossier.

8. The user, operator, and exploiter of essential works are responsible for maintaining the essential works; regular maintenance of essential works does not require construction permit but they must bear responsibility if traffic accidents occur; when performing periodic repairs that affect traffic safety and the durability of road works, they must request construction permit according to Clauses 2, 3, and 4 of this Article.

Article 15. Approval and Permit for Construction of Temporary Advertising Signs within the Scope of Safe Roadside Area of Operational National Highways

1. Installation of advertising signs inside or outside the safe roadside area must comply with the laws on advertising and management and protection of road traffic infrastructure. Individuals and organizations permitted to install advertising signs bear full responsibility for any consequences arising from the installation of such signs.

2. The minimum safe distance along the width of the advertising sign, measured from the edge of the road surface to the nearest point of the sign, shall be at least 1.3 (one point three) times the height of the sign (the highest point of the sign) and shall not be less than 05 (five) meters.

3. If the safe distance along the width of the advertising sign installed outside the land designated for the road exceeds the limit specified in Clause 2 of this Article, the road management unit shall request the construction permit issuing authority to require the organization or individual to stop installing the advertising sign.

4. The competent authority approving and issuing permits for construction of temporary advertising signs within the scope of the safe roadside area of operational national highways is classified as follows:

a) The Ministry of Transport approves the construction of advertising signs for Class I roads and roads with special management and exploitation regulations;

b) The Vietnam Highway Administration approves the construction of advertising signs for the national highway system, except for the roads specified in Point a of this Clause;

c) The Road Management Zone or the Department of Transport issues permits for construction of advertising signs for sections or routes of national highways within their assigned management scope.

5. The procedures, methods of implementation, dossier, and time limit for processing the approval for construction or issuance of construction permits are carried out similarly to those for essential works.

Article 16. Construction of essential works on national highway routes that are newly built or upgraded

1. When preparing a project for new construction, upgrading, or rectifying a route, constructing a bypass, the Project Investor must:

a) Send a notice to relevant Ministries, sectors, Provincial People's Committees about basic information of the project (such as technical grade, scale, alignment, cross-section, expected commencement and completion time) so that organizations requiring construction of essential works can be informed about the national highway construction project;

b) Compile the demand for construction of essential works within the scope of protection of the road infrastructure of the project and report to the investment decision-making authority to consider related issues. Propose solutions to ensure safety and durability of the road project due to the construction of essential works;

c) Based on the opinions of the investment decision-making authority, the road project investor notify organizations with essential works about the construction of technical enclosures or the implementation of solutions to ensure safety and durability of the road project when constructing essential works.

2. Organizations or individuals requiring construction of essential works related to new construction, upgrading, or renovation projects of national highways must:

a) Send a request document (accompanied by technical design requirements of the essential work component to be constructed within the scope of protection of the road infrastructure) to the national highway construction project investor;

b) Implement solutions to ensure safety and durability of the road project when constructing essential works and synchronize with the construction process of the road project.

3. When there is a need to construct or install essential works within the technical enclosure of an already constructed road project, the investor of the essential works project shall implement according to Article 14 of this Circular to obtain a construction permit and pay rental fees for the technical enclosure in accordance with the law.

4. All costs arising from implementing solutions to ensure safety and durability of the road project when constructing essential works shall be borne by the investor of the essential works.

Article 17. Construction of road works within the land reserved for roads for operational national highways

1. Before submitting to the competent authority for approval of a project for new construction, upgrading, or renovation of road works within the land reserved for roads (except projects where the Ministry of Transport, Vietnam Highway Administration is the investment decision-making authority or investor), the Project Investor sends a proposal for approval to the Vietnam Highway Administration for consideration and resolution.

2. The investor or contractor of road works on operational national highways must request the Road Management Zone or the Department of Transport assigned to manage the road to issue a construction permit ensuring traffic safety, specifically as follows:

a) Procedures and methods of implementation as prescribed in Article 18 of this Circular;

b) Documents for requesting a construction permit include:

- Application for construction permit (original copy) according to the model attached as Appendix 4 to this Circular;

- Approval or consent document for design issued by the competent road management agency (certified copy by the Project Owner);

- Construction drawing design documents (including measures to organize construction ensuring traffic safety) approved by the competent authority (original).

Number of sets of documents: 01 set.

c) Time limit for resolution within 10 working days from the date of receipt of complete documents as prescribed.

3. For upgrade and renovation projects of operational roads where the Ministry of Transport, Vietnam Highway Administration is the investor, no construction permit is required; however, before commencing construction, the Project Management Board or contractor must submit to the competent road management agency related documents including: Decision approving the project, construction drawing design documents approved including construction plans and measures to organize construction ensuring traffic safety for the road management agency to examine and agree in writing on construction time and measures to ensure traffic safety during construction.

4. Organizations or individuals managing and maintaining roads performing regular maintenance do not need to request a construction permit but must strictly implement measures to ensure traffic safety throughout the execution period.

5. For roads managed and maintained by localities, the People's Committee of the province shall stipulate in accordance with the law and actual conditions of the locality, except for national highways entrusted for management.

Article 18. Procedures and Methods for Implementing Administrative Procedures

1. Method of Implementation: Organizations and units submit applications and receive results directly at the office of the competent authority handling administrative procedures or through the postal system.

2. The implementation procedure is as follows:

a) Organizations and units submit application files to the competent authority;

b) The competent authority receives the application file. In cases of direct submission, after checking the components of the file, if it does not comply with regulations, instructions will be provided to complete the file; if it complies with regulations, a notice will be issued to collect the result.

c) The competent authority proceeds to review the application file; if the file is incomplete according to regulations, a document will be issued to guide completion (for cases submitted through the postal system); if it meets the conditions, a document approving or issuing a construction permit will be issued. If approval or issuance of a permit is denied, a response must be provided in writing, stating the reasons.

Chapter IV

CONNECTION OF BRANCH ROADS TO NATIONAL HIGHWAYS

Article 19. Connection of Branch Roads to National Highways

1. Branch roads connecting to national highways include:

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

b) Access roads to fuel stations and rest stops;

c) Special-purpose roads: forestry roads, mining roads, construction service roads, industrial zone roads, direct connections from individual projects;

d) Collector roads and connections from collector roads.

2. Branch roads connecting to national highways must go through connection points in the planning of connection points on national highways passing through provincial and centrally governed city territories (hereinafter referred to as Planning of Connection Points) approved by the Provincial People's Committee, after obtaining a consent letter from the Ministry of Transport.

Connection of branch roads to national highways within urban areas shall be carried out in accordance with urban planning approved by the competent authority.

There is no planning for connection points to expressways. Traffic connection to expressways shall be implemented according to the technical design of the road.

The elevation of access roads and the construction site of fuel stations, rest stops, or other facilities must ensure drainage in the area or be lower than the road surface level.

3. Minimum distance between two connection points to national highways:

a) The minimum distance between two connection points to national highways of provincial roads, district roads, commune roads, urban roads, special-purpose roads, and collector roads:

- Within the inner city or town areas of cities (as defined by the Government regarding classification of cities and urban management levels): The distance between connection points is determined according to the approved urban planning, but not less than 1000 meters (one thousand meters).

- Outside the inner city or town areas of cities:

+ For newly constructed roads, the distance between adjacent connection points is determined according to the planning level of the national highway section; specifically, for Class I and II roads not less than 5000 meters (five thousand meters), for Class III roads not less than 2000 meters (two thousand meters), for Class IV and below roads not less than 1500 meters (one thousand five hundred meters);

+ For existing roads, improved and upgraded roads of Class I and II with median strips, sufficient land for building speed change lanes (vehicles only turn right at intersections), the distance is not less than 3000 meters (three thousand meters); for Class III roads not less than 1500 meters (one thousand five hundred meters), for Class IV and below roads not less than 1000 meters (one thousand meters).

+ In areas with terrain where the safety corridor of the road is divided such as high mountains, deep valleys, rivers, streams, and other immovable obstacles, the distance between two connection points must be approved by the competent state authority but not less than 1000 meters (one thousand meters);

b) The minimum distance between two adjacent fuel stations (measured from the midpoint of the station) connecting access roads to national highways must ensure both the minimum distance between two connection points as stipulated in point a of this clause and the minimum distance between two fuel stations as follows:

- Within the inner city or town areas of cities (as defined by the Government regarding classification of cities and urban management levels): The distance between two adjacent fuel stations along each side of the road is not less than 2000 meters (two thousand meters),

- Outside the inner city or town areas of cities: The distance between two adjacent fuel stations along each side of the national highway section is not less than 12000 meters (twelve thousand meters).

c) For fuel stations planned near or coinciding with the connection point of another branch road, adjustments must be made so that only one connection point exists at that location, prioritizing the connection point of the pre-existing project or shared use.

4. The design of the intersection of branch roads connecting to national highways must comply with current technical standards for automobile road design requirements.

5. Connection of branch roads to new national highway projects or upgraded, realigned, or bypassed projects:

a) From the initial project establishment stage, the highway investor must base on the local socio-economic development plan to determine intersections (interchange or direct intersections, grade-separated intersections) between existing roads and the new national highway project, determine the positions of service stations according to automobile road design standards; simultaneously send the route design proposal to the Provincial People's Committee for comments to adjust accordingly.

b) Based on the route design proposal of the national highway project, the Provincial People's Committee compiles a list of connection points (including fuel stations) according to the scale and technical standards of the road and sends it to the Ministry of Transport for agreement on related issues; based on the comments of the Ministry of Transport, the competent authority approves the project and technical design of the road.

6. Connection of branch roads to operational national highways

a) The Provincial People's Committee bases on economic and social development needs and local transportation development planning to establish plans for connection points. The procedures for establishing, agreeing, approving, and implementing connection point plans are stipulated in Article 20 of this Circular.

b) The investor and the user of the intersection must self-demolish or improve the intersection upon request from the competent road management authority and shall not be compensated or supported for such actions.

Article 20. Planning of Points of Connection to National Highways

Planning of points of connection includes determining the location and form of intersections between national highways and branch roads for constructing traffic junctions and organizing traffic schemes to ensure traffic safety and protect road works.

The provincial People's Committee is responsible for assigning tasks to consulting units with sufficient capacity to develop plans for points of connection and submitting them to local functional agencies for review before reaching an agreement with the Ministry of Transport. The planning of points of connection can be carried out for all national highway routes or separately for each route passing through the locality. The basic contents of the planning work for points of connection are as follows:

1. Collecting information on the current technical level and planned technical level of the national highway requiring connection.

2. Surveying and statistics:

a) Existing branch roads according to Clause 1 of Article 19 of this Circular. Identifying points of connection of branch roads that have been and have not been permitted by the competent authority; positions of points of connection that comply with the current standards for traffic junction requirements;

b) Statistics on sections of national highways within urban areas and outside urban areas; compiling sections without enough land to build bypass roads, construction projects, and geographical conditions hindering the continuous construction of bypass roads along the length of the national highway;

c) Branch roads with a cross-section width of less than or equal to 2.5 meters (two meters fifty centimeters) that were spontaneously connected to the national highway before the effective date of Decree No. 186/2004/ND-CP dated November 5, 2004 (hereinafter referred to as Decree No. 186/2004/ND-CP), only used for motorcycles, motorbikes, and non-motorized vehicles, without the need for improvement or expansion of the point of connection to the national highway, following the provisions of Clause 1 of Article 25;

d) Gas stations constructed according to the system planning of gas stations approved by the provincial People's Committee (or the Ministry of Industry and Trade), including categorizing gas stations permitted and not permitted to temporarily use the road safety zone as access roads.

In cases where the locality has not yet developed a system plan for gas stations, the agency tasked with planning points of connection shall coordinate with the provincial state management agency for Industry and Trade to establish a plan for points of connection, including access roads to gas stations.

3. Summarizing the review opinions of local functional agencies on certain contents such as: compatibility with socio-economic development plans, land use plans, especially plans for bypass road construction; gas station system plans related to the exploitation and use of points of connection.

4. Each national highway's plan for points of connection is compiled into a separate file for convenient monitoring and management. The files for planning points of connection include:

a) Explanation of the plan for points of connection

- The socio-economic development situation of the locality and the area adjacent to both sides of the national highway being planned for points of connection;

- Current status of the national highway: road grade, starting point, end point; special locations (such as inner city, town center, large bridges, tunnel, intersection with railway...); situation of using the road safety zone and traffic safety on the section; information about the planning of the road;

- Explanation of reasons for bypass roads located within the road safety zone; reasons for points of connection in the plan but not meeting the minimum distance requirement between two points of connection as stipulated; schedule for removing small-scale branch roads as specified in Point c, Clause 2 of this Article;

- System planning of gas stations in the province already approved by the competent authority (if applicable);

- Urban development planning already approved by the competent authority for cities traversed by the national highway (if applicable);

- Opinions of the Road Management Zone or the Department of Transport directly managing the national highway regarding the content of the plan for points of connection.

b) Table of planning for points of connection:

- Summary table of some basic contents on the current status and planning of points of connection to the national highway;

- Diagram showing the contents of the summary table of planning for points of connection.

5. Agreement on planning of points of connection

a) The provincial People's Committee sends a letter requesting agreement along with one set (one set) of planning files for points of connection (including the electronic file of the planning file) to the Ministry of Transport; sending one set (one set) to the Vietnam Highway Administration;

b) The Vietnam Highway Administration studies the planning files for points of connection submitted by the provincial People's Committee to report and submit to the Ministry of Transport for consideration of agreement on planning of points of connection; if necessary, providing written comments requesting the locality to supplement or adjust before submission to the Ministry of Transport.

6. Costs for planning points of connection apply the cost norms for developing and reviewing comprehensive socio-economic development plans and major products as prescribed by law.

Article 21. Approval and Implementation of Planning

1. Approval and Implementation of Planning

a) Based on the agreement document of the Ministry of Transport, the People's Committee of the province shall approve the planning of connection points, announce and organize the implementation of the planning; submit the approved planning dossier to the Ministry of Transport and the Vietnam Highway Administration for coordination in implementation.

b) When constructing new or renovating, expanding connection points included in the Connection Point Planning, based on the permission document for using connection points issued by the People's Committee of the province, organizations or individuals using the connection points shall prepare the dossier in accordance with Article 22 of this Circular to be resolved.

2. After constructing new or renovating, expanding connection points according to the approved Connection Point Planning, the People's Committee of the province must remove those points that do not meet the minimum distance requirement near such connection points. Removal shall follow a schedule for branch road connection points with small scale as stipulated in point c, Clause 2, Article 20 of this Circular.

3. Localities which have agreed on the Connection Point Planning with the Ministry of Transport or have submitted the Connection Point Planning dossier to the Ministry of Transport and the Vietnam Highway Administration (as evidenced by postmark) before this Circular takes effect, if necessary to adjust or supplement to comply with the provisions of Decree No. 11/2010/NĐ-CP and this Circular, shall submit the adjusted Connection Point Planning dossier to the Ministry of Transport and the Vietnam Highway Administration for consideration and resolution.

4. The intersection connecting to a national highway under operation can only be constructed after obtaining approval from the competent highway management agency for the design and traffic organization plan in accordance with regulations, and having a construction permit issued by the Highway Management Zone or the Department of Transport.

Article 22. Approval of Design and Traffic Organization Plan for Intersection Connecting to National Highway

The project owner assigned by the People's Committee of the province to use a connection point within the approved Connection Point Planning, based on current automobile road design standards and requirements, shall prepare and submit the dossier to the competent highway management agency for approval of the design and traffic organization plan of the intersection connecting to the national highway. The Ministry of Transport will classify the competent highway management agency; specify the dossier for approval of Technical Design and Traffic Organization Plan of the intersection as follows:

1. Competent highway management agency:

a) The Vietnam Highway Administration shall approve the design and traffic organization plan, retain the dossier of intersections related to managed roads according to its own regulations, Class I, Class II, and Class III roads;

b) The Highway Management Zone or the Department of Transport shall approve the design and traffic organization plan, retain the dossier of intersections related to Class IV roads and below under their management;

2. Procedures and methods for implementing the procedures as stipulated in Article 18 of this Circular.

3. Dossier for requesting approval of design and traffic organization plan of intersection.

a) Components of the dossier include:

- Request for approval of technical design and traffic organization plan of intersection; including a commitment to self-relocate or improve the intersection and not claim compensation when the road sector requires relocation or improvement (original copy), according to Model 3 attached to this Circular;

- Approved Connection Point Planning into national highways by the People's Committee of the province (certified copy); or approval document of the Ministry of Transport allowing branch road connection to national highways in cases where there is no approved Connection Point Planning into national highways (photocopy);

- Document of the People's Committee of the province (original copy) assigning organizations or individuals as Project Owner or user of the intersection if the planning or single approval document of the Ministry of Transport has not clearly identified the Project Owner or user of the intersection;

- Technical design and traffic organization plan of the intersection (with measures to ensure safe traffic during construction) prepared by a consulting organization permitted to operate in the field of road construction (original copy).

b) Number of dossiers: 01 set.

4. Resolution time within 15 working days from the date of receipt of complete dossier as prescribed.

5. For new road projects connected to national highways already approved by the Ministry of Transport or the Vietnam Highway Administration for technical design, it is not necessary to implement the request for approval of technical design and traffic organization plan.

6. The approval document for technical design and traffic organization plan of the intersection is valid for 12 months from the date of issuance; if exceeding 12 months, a request for extension must be made. Extension procedures are the same as those for extending approval of essential construction works as stipulated in Clause 5, Article 13 of this Circular.

Article 23. Permit for Construction of Interchange Connecting to National Highway

1. After receiving the technical design approval document and traffic organization plan from the competent road management authority, the project investor or interchange user must complete the following procedures to ensure that the interchange project is approved and implemented:

a) Complete the interchange design documentation and traffic organization plan, as well as construction safety measures according to the agreement of the competent road management authority;

b) Review or submit the project design documentation to the competent authority for review as prescribed;

c) Approve the interchange project in accordance with current regulations.

d) Submit the dossier as prescribed in Clause 3 of this Article to the competent authority to request permission to construct the work.

The competent authority is the Road Management Zone or the Department of Transport assigned to manage the national highway route.

2. Procedures and methods for implementing the procedures as stipulated in Article 18 of this Circular.

3. Documents for Application for Construction Permit of Interchange Connecting to National Highway

a) Components of the dossier include:

- Application for construction permit (original copy) according to the model attached as Appendix 4 to this Circular;

- Approval document for construction or design of the interchange issued by the competent road management authority (photocopy certified by the investor);

- Construction drawing design documentation (including construction organization measures ensuring traffic safety) approved by the competent authority (original).

b) Number of sets of documents: 02 sets.

4. Time limit for resolution is 10 working days from the date of receipt of complete dossier as prescribed.

5. The interchange must be inspected and approved for operation and use by the construction permit issuing authority.

6. The project investor is responsible for the quality of the interchange project affecting traffic safety and the durability of the road structure; submit 01 set of completion documents for the construction permit issuing authority to store and update the interchange in the road management file.

7. The interchange user is responsible for maintaining the interchange; regular maintenance of the interchange does not require a construction permit but they are liable if traffic accidents occur; when repairing the interchange periodically, a construction permit must be applied for in accordance with Clause 2, Article 17 of this Circular.

Article 24. Temporary Connection to Operating National Highway

1. For projects or construction works due to difficult terrain conditions in the area or technical equipment conditions, temporary connection points may be opened for service roads transporting materials and machinery; at the end of the temporary connection period, the original state of the road safety zone must be restored.

2. The duration of using the temporary connection point specified in Clause 1 of this Article shall be the construction progress of the project but not exceeding 12 months, in special cases it can be extended once but the total time for opening the temporary connection point shall not exceed 24 months. After this period, the project investor is responsible for removing the temporary connection point and restoring the road safety zone to its original state.

In case the project or construction work has a construction period longer than 24 months, a bypass road must be constructed from the project to the nearest interchange point included in the approved connection point planning.

3. Procedures, documents, and approval period for temporary connection construction are as follows:

a) Organizations or individuals requiring temporary connection send 01 set of documents to the Department of Transport including:

- A request document for temporary connection approval specifying the reasons, location, kilometer post of the connection point, and the duration of temporary connection use;

- Investment approval document or project approval decision of the competent authority, related documents (if any);

- Document from the Road Management Zone or the Department of Transport managing the road regarding the current status of the section with the agreed temporary connection point, impact on traffic safety if the temporary connection point is opened, and proposed solutions;

- Plan view drawing of the section with the temporary connection point and traffic organization plan of the interchange.

b) The Department of Transport reviews the documents and submits them to the Provincial People's Committee;

c) The Provincial People's Committee sends a document requesting agreement on the temporary connection point to the Ministry of Transport along with the documents specified in Point a of this Clause. The document of the Provincial People's Committee specifies the reasons; location, kilometer post of the connection point; duration of temporary connection use and opinions related to restoration to the original state.

d) The Ministry of Transport examines and approves the temporary connection within 15 working days from the date of receipt of complete documents as prescribed; in case of disapproval, a written response must be provided.

4. Design approval and construction permit for temporary connection points are carried out in accordance with Articles 22 and 23 of this Circular.

Article 25. Resolution of Issues Relating to the Use of Road Safety Zones

1. For rural roads spontaneously connected to national highways before the effective date of Decree No. 186/2004/ND-CP, which are only used for motorcycles, motorbikes, and simple vehicles, with a width not exceeding 2.5 meters (two meters fifty centimeters), while a bypass road has yet to be constructed, their existence shall be allowed and maintained until the end of 2015.

2. For fuel stations that have been connected to national highways according to the approval of competent authorities, if they do not meet the minimum distance requirement between fuel stations as stipulated in this Circular, they may continue to exist but localities must complete adjustments or removals according to planning by December 31, 2015.

For self-built fuel stations illegally connected to national highways or located within road safety zones, with inadequate scale, currently existing along both sides of national highways, the People's Committee of the province shall direct relevant agencies to examine and handle them in accordance with the law.

3. Residential buildings, production, business, and service facilities using road safety zone land but not affecting traffic safety or road construction safety may temporarily exist but must maintain their current state without expansion or enlargement; land users must sign a commitment with the People's Committee of the commune and the direct management unit of the road regarding non-expansion or enlargement. In cases where the facilities are deteriorating, have not been compensated by the State, and the users need to use them, an inventory of the land and assets thereon will be conducted to provide a basis for compensation or temporary construction permits.

4. Where the use of road safety zone land affects traffic safety or road construction safety, the competent road management agency shall determine the extent of the impact and propose the People's Committee of the competent authority to reclaim the land and resolve compensation and support for land and assets attached to the land existing prior to the announcement of the road safety zone.

5. For cases of encroachment or illegal use of road safety zones,坚决拆除，不予补偿违法组织和个人。

6. The basis for resolving compensation and clearance when it is necessary to relocate existing structures within the road safety zone as prescribed by the Road Traffic Law, Land Law, Decree No. 11/2010/ND-CP, and Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law shall depend on the time of construction of the structures within the road safety zone.

Highway Management Units, Departments of Transport shall direct subordinate road management units to coordinate with the People's Committees of communes based on investigation and archival materials to prepare straightened diagrams showing the location, construction time, and scale of structures within the road safety zone land as stipulated in Decree No. 11/2010/ND-CP according to the following time periods:

a) Structures built before December 21, 1982, which was a period without specific regulations on road safety zones.

b) Structures built from December 21, 1982, to December 31, 1999, which was a period prohibiting construction, expansion, and encroachment within road protection zones according to Decree No. 203/HĐBT dated December 21, 1982 of the Council of Ministers (now the Government).

c) Structures built from January 1, 2000, to November 30, 2004, which was a period prohibiting construction, expansion, and encroachment within road protection zones according to Decree No. 172/1999/ND-CP dated December 7, 1999 of the Government detailing the implementation of the Ordinance on Protection of Transportation Works for Road Transportation Works.

d) Structures built from November 30, 2004, to April 15, 2010, which was a period prohibiting construction, expansion, and encroachment within road safety zones according to Decree No. 186/2004/ND-CP of the Government.

đ) Structures built from April 15, 2010, which is a period prohibiting construction, expansion, and encroachment within road safety zones according to Decree No. 11/2010/ND-CP of the Government.

Article 26. Responsibilities of Road Management Units

1. The road management unit (for roads currently in operation) or the project investor (for new construction, upgrading, and renovation projects) shall take the lead and coordinate with the People's Committees at the district and commune levels to develop plans for setting boundary markers to define the safe road corridor, submit these plans to the provincial People's Committee for approval; take the lead and coordinate with the People's Committees at the district and commune levels to publicly announce and organize the setting of road boundary markers on-site, and hand over the management and protection of the safe road corridor area to the commune People's Committee.

2. The direct road management unit shall be responsible for regularly inspecting and promptly identifying any encroachment, occupation, and illegal use of the safe road corridor. Upon discovering any violations, they must immediately require cessation of such actions and notify the commune People's Committee or the Road Inspectorate to cooperate in recording administrative violations and handling them according to their authority.

3. The road management unit shall be responsible for coordinating with the Road Inspectorate and local government agencies to implement the removal of structures that illegally occupy and misuse the safe road corridor within its direct management scope; simultaneously, report periodically to higher-level road management authorities on the management of the safe road corridor.

4. The road management unit shall be primarily responsible for managing and protecting road works and road land. Regularly inspect and promptly identify any acts of infringing upon road works, encroachment, occupation, and illegal use of road land. Upon discovery, the road management unit shall cooperate with local authorities to record violations, demand immediate cessation of such actions; if necessary, temporary measures must be applied to ensure traffic safety and road work safety. Within 24 hours after recording the violation, the road management unit must prepare a violation file and send it to the Road Inspectorate and local law enforcement agencies to request handling of the violation according to the law.

Article 27. Responsibilities of Road Management Authorities and People's Committees at All Levels

1. The Road Management Zone, Department of Transport shall be responsible for developing plans and measures to address unresolved violations of the safe road corridor; simultaneously, report results and difficulties to the Vietnam Highway Administration (for national highways) or the provincial People's Committee (for local roads) to continue implementing solutions.

Update data on newly constructed essential works, repair, and upgrade works into the management diagram of essential works along the assigned road route.

2. The Vietnam Highway Administration shall organize the implementation of management and protection of road transport infrastructure for the national highway system throughout the country based on the provisions of this Circular;

3. Provincial People's Committees

a) Strictly comply with legal regulations regarding land allocation, land leasing, issuance of planning certificates, and construction permits along both sides of the road;

b) Invest in constructing bypass systems (located outside the safe road corridor) along both sides of national highways according to approved connection point planning; prevent and stop residents from building houses along national highways and opening roads directly connecting from residential areas to national highways.

4. District People's Committee

a) Remove structures affecting the protected range of road transport infrastructure in accordance with road transport development planning without impacting the safety of road works and transportation activities;

b) Organize compulsory enforcement to remove violations, restore order in the road corridor; prevent and stop the recurrence of illegal occupation and misuse of the safe road corridor;

c) Coordinate with road management units and the Road Inspectorate to handle, within their authority, acts of infringing upon road works, encroachments, and illegal use of land reserved for roads.

5. The People's Committee at the commune level

a) Identify and coordinate with road management units and the Road Inspectorate to promptly handle, within their authority, acts of encroachment, occupation, and illegal use of the safe road corridor;

b) Accept and manage the road boundary markers.

Article 28. Responsibilities of organizations, individuals, and other agencies

1. Agencies, organizations, and individuals have the responsibility to protect road traffic infrastructure, promptly detect and report to the road management agency or the nearest People's Committee any acts violating laws on protecting road traffic infrastructure; they shall be held accountable under the law for any violations of regulations on managing and protecting road traffic infrastructure, especially in cases where they fail to comply with the requirements of the road management unit or law enforcement agencies when conducting violation records and handling violations within their authority.

2. Road inspection

a) Take the lead and coordinate with the road management unit to promptly address any violations of regulations on managing and protecting road traffic infrastructure within their assigned responsibilities;

b) Take the lead and coordinate with the road management unit to complete the violation files concerning road safety zones and submit them to the district-level People's Committee for compulsory execution to clear obstructions;

c) Take the lead and coordinate with the road management unit to complete the violation files concerning road construction projects, encroachments, and illegal use of road land; handle them according to their authority. In cases where the violations cause serious consequences, transfer the files to competent authorities for handling in accordance with the law.

3. Local law enforcement agencies within their duties and powers have the responsibility to handle violations of laws on protecting road traffic infrastructure according to their authority and cooperate with the road management unit in protecting road traffic infrastructure.

Chapter V

NUMBERING AND CODES FOR PROVINCE ROADS

Article 29. Principles and Methods for Numbering Province Roads

1. The principles and methods for numbering province roads are stipulated in Articles 3 and 4 of Decree No. 11/2010/NĐ-CP.

2. Province roads that were numbered before this Circular takes effect shall remain unchanged.

Article 30. Codes for Province Roads

1. Codes for province roads are used to number the province road system.

2. The code for province roads consists of three digits; the codes for each province and centrally-administered city are specified in Appendix 8 attached to this Circular.

Chapter VI

ENSURING TRAFFIC AND ROAD SAFETY DURING CONSTRUCTION WITHIN THE SCOPE OF ROAD INFRASTRUCTURE PROTECTION

WHILE ROAD INFRASTRUCTURE IS IN USE

Section 1

BEFORE CONSTRUCTION

Article 31. Issuance of Construction Permits for Projects Within the Scope of Road Infrastructure Protection During Operation

1. New construction, repair, improvement, or upgrading of essential works, road projects, connections, and temporary advertising signs within the scope of road traffic infrastructure protection can only be carried out after obtaining a construction permit issued by the Road Management Zone or the Department of Transport (the agency directly responsible for managing national highways). The construction permit follows the model provided in Appendix 5 of this Circular. Before commencing construction, the project investor or contractor must submit an application for a construction permit to the competent road management agency for review and approval in accordance with Articles 12, 13, 14, 15, 16, and 17 of this Circular.

2. The Road Management Zone or the Department of Transport has the responsibility to retain the files, update supplementary information in the project management files of the assigned road; send the agreement letters and construction permits to the Vietnam Highway Administration and the Regional Road Inspection Board or the Department of Transport Inspection for monitoring, supervision, and handling any violations according to the law.

Article 32. Acceptance of Construction Site and Work Area Transfer

Organizations and individuals who have been granted construction permits or have written agreements for construction must complete the procedures to accept the transfer of the work area and construction site from the road management unit. From the date of accepting the construction site and work area, the organizations and individuals conducting the construction shall be responsible for managing and ensuring smooth and safe traffic flow; at the same time, they shall bear all responsibilities if they fail to fully implement safety measures leading to traffic accidents.

Section 2

DURING CONSTRUCTION

Article 33. Construction Measures and Timeframes

1. Throughout the entire construction process, organizations and individuals must strictly adhere to the agreed-upon construction measures and timelines, ensuring smooth and safe traffic flow according to regulations, and must not damage existing road infrastructure. In unavoidable circumstances, written approval from the competent road management authority regarding protective measures or temporary removal, relocation, and subsequent restoration or compensation as prescribed by law must be obtained.

2. Ensuring traffic safety during the construction of road projects on operational roads is a component of the construction organization design and part of the project's budget.

3. Organizations and individuals conducting construction must comply with inspections by the road management unit and road traffic inspectors regarding the implementation of traffic safety regulations stipulated in this Circular and in the construction permit, and shall bear full responsibility for any traffic safety issues caused by construction.

Article 34. Construction within Road Right-of-Way Areas

1. Organizations and individuals constructing within road right-of-way areas, in addition to complying with relevant provisions of this Circular, must also adhere to the following requirements:

a) Materials and construction machinery must not obstruct the view of road users on operational roads;

b) Smoke and dust must not pollute the environment or affect traffic safety on operational roads;

c) When installing equipment with significant length or size, measures must be taken to ensure safety and prevent falling or dropping onto operational roads;

d) Construction methods must not impact the structure or safety of existing road infrastructure. If such impacts occur, written approval from the competent road management authority regarding protective measures or temporary removal, relocation, and subsequent restoration or compensation as prescribed by law must be obtained.

2. It is strictly prohibited to level, dump, or pile earth within road right-of-way areas unless it serves legitimate construction purposes.

Article 35. Detour Roads, Temporary Bridges, and Traffic Signaling Systems

1. When constructing a new bridge while continuing to use an old bridge for traffic, the new bridge construction entity shall be responsible for ensuring safe and uninterrupted traffic flow on the old bridge until the new bridge is handed over for operation.

2. Detour roads, temporary bridges, and traffic signaling systems ensuring traffic safety must be completed before the main construction begins. Detour roads and temporary bridges must accommodate vehicles with load capacities and sizes that were previously allowed on the old road safely. Detour roads and temporary bridges on national highways with technical standards of Class III or higher must have at least two lanes. The traffic signaling system ensuring safety must comply with current traffic signal regulations.

Article 36. Traffic Guard Personnel

During the construction period, traffic guard personnel must be present to guide traffic at all times; when work stops, safety signals such as directional signs, flags, and red lights at night must be provided according to regulations. Traffic guard personnel must wear a red armband on their left arm, equipped with flags, whistles, and lights at night.

Article 37. Signs, Markings, and Uniforms during Construction

Organizations and individuals conducting construction must place signs at both ends of the construction section indicating the name of the project management agency or the principal, the name of the construction unit, the construction route, the office address, contact phone number, and the name of the site commander; the site commander must have a distinctive marking for identification purposes. Workers on the road must wear protective clothing as prescribed.

Article 38. Construction Vehicles

1. All construction vehicles operating on roads must be fully equipped with safety devices and registered with license plates according to legal provisions.

2. Outside of working hours, construction vehicles must be parked in designated areas. In cases where there is no parking area, they must be placed close to the roadside at locations easily visible and marked with warning signs for road users.

3. Damaged construction vehicles must be moved as close to the roadside as possible and must display warning signals according to regulations.

Article 39. Construction on Roadbeds, Road Surfaces, and Bridge Decks

When constructing on roadbeds, road surfaces, or bridge decks, sufficient portions of the roadbed, road surface, or bridge deck must be reserved for vehicle and pedestrian passage, specifically as follows:

1. For road surfaces or bridge decks that are three lanes wide or less, at least one lane must be kept open.

2. For road surfaces or bridge decks wider than three lanes, at least two lanes must be kept open.

3. In cases where it is not possible to maintain a width of at least one lane or there is a risk of traffic congestion, detour routes or temporary bridges must be constructed. For single-lane roads where the construction width is insufficient and poses a high risk of traffic blockage, traffic management plans must be proposed from the project planning stage (including waterway or railway support), and these components must be implemented before the main construction begins to ensure traffic flow.

4. In cases of excavation for roadbed expansion, excavation must be immediately backfilled. For construction on weak soil sections, if the roadbed is lowered more than two meters, special measures for traffic organization must be advised by supervisors and approved by the Project Owner, and contingency measures for rainy or adverse weather conditions must be prepared.

5. When constructing foundations and road surfaces: the length of each construction front must not exceed 300 meters, and each construction front must be at least 500 meters apart. During the rainy season, construction must be completed in full sections after each shift or day to prevent materials from washing away and damaging public property or causing environmental pollution.

6. When constructing transverse culverts without a guaranteed detour for traffic, construction can only be carried out on up to half the width of the road surface, with the remaining half reserved for traffic. For roads with heavy traffic, construction can only be carried out on up to one-third of the road width, with the remaining two-thirds reserved for traffic. For roads with technical standards of Class III or higher, if two lanes cannot be maintained for traffic, temporary widening must be done to ensure two lanes. For roads with technical standards of Class IV, V, and VI, if one lane cannot be maintained for traffic, temporary widening must be done to ensure one lane. During construction, guardrails must surround the excavation pit, and traffic signs must be placed according to current traffic signal regulations.

7. When constructing on roads, appropriate construction methods and schedules must be developed based on the characteristics of each type of project.

Article 40. Construction Materials

1. Construction materials may only be placed on the road for use from two to three construction sections, with a length not exceeding 300 meters. The materials must be placed on one side of the road and should not be placed parallel on both sides to narrow the roadbed and surface.

2. Prior to the rainy season or flood, all construction work must be completed, excess materials removed from the road, and safety measures established to ensure traffic safety in case of bridge or road accidents caused by rain or floods within the assigned construction area. These safety measures must be submitted to the local highway management unit for coordination.

3. It is strictly prohibited to scatter materials that obstruct traffic, cause them to flow onto the road surface leading to slippery conditions and traffic accidents, environmental pollution, or burning asphalt on the road in densely populated areas.

Article 41. Construction Using Explosives or Road Closure

When construction involves the use of explosives, it must comply with legal regulations concerning the use of explosive materials and ensure safety. Additionally, in cases where road closure is necessary, the following provisions must be followed:

1. Each road closure period shall not exceed one hour and must be separated by at least four hours to ensure smooth traffic flow. Road closures must be scheduled during off-peak hours.

2. In cases where road closure periods exceed those specified in Clause 1 of this Article, approval from the Vietnam Highway Administration is required for national highways, and from the Department of Transport for local roads. For projects involving large-scale blasting operations with multiple contracts and construction fronts, the Project Owner must consult the local authorities regarding blasting times, coordinate with the licensing authority, and announce these plans through public media.

3. Blasting activities are prohibited between 7 PM and 6 AM in areas near residential zones.

Article 42. Tree Cutting Along Roads

1. When cutting trees along the road, warning signs must be posted, and guards must be stationed at both ends to ensure safe distances; trees must not fall onto the road causing traffic obstructions. If it is necessary for trees to fall onto the road, they must be quickly moved to the roadside; when cutting trees at any part of the road, tree roots must be dug out and the original condition of that section of the road restored.

2. It is strictly forbidden to throw branches or objects from heights onto the roadbed or surface.

Article 43. Bridge, Retaining Wall, and Tunnel Repair Construction

1. During bridge, retaining wall, and tunnel repair construction, while allowing vehicles to pass, traffic safety measures must be implemented, including installing warning signs for narrow roads, speed limits, and construction site warnings as prescribed; setting up barriers and having traffic controllers on duty 24/7; construction materials and equipment must be neatly stored inside the barrier separating the construction area from the traffic area; electrical and water systems serving construction must be regularly inspected to prevent accidents.

2. In cases where simultaneous construction and traffic safety cannot be ensured, an alternative route must be provided.

Article 44. Construction of Approaches to Ferry Terminals and Floating Bridges

When repairing or expanding approaches to ferry terminals and floating bridges, half the width of the road must be repaired, with the remaining portion reserved for ferry or bridge access being no less than 4 meters for floating bridge approaches and no less than 6 meters for ferry approaches, and adequate safety equipment must be provided. If the minimum width requirement is not met, ensuring safety for ferry and floating bridge access, temporary terminals must be constructed.

Article 45. Salvage of floating objects and ferries that have sunk

In cases where salvage work for floating objects and ferries that have sunk is carried out, including the clearance of obstacles at the bottom of rivers under bridges, there must be a complete system of buoys and inland waterway navigation signals as prescribed, and the channel for floating objects and ferries must be cleared to ensure normal operation without traffic congestion.

Article 46. Clearing the construction site and handing over the project

1. After completing construction of a section not exceeding 01 km in length or 01 bridge, 01 culvert, the construction organization or individual must clear all obstacles, restore the road surface to ensure smooth and safe traffic flow.

2. Prior to acceptance and handover of the project, all surplus materials must be removed, machinery and equipment relocated, obstacles cleared, and any damages caused by construction repaired (if any).

3. After completing these tasks, the construction organization or individual must report to the Project Owner to organize the acceptance and handover of the completed project for operation and use according to regulations; simultaneously, they must hand over the construction site and land to the road management unit that has already handed over the construction site and land for construction. The handover must be recorded in a protocol.

4. The road management unit must inspect the actual condition of the site; if it finds that the site has not been cleared, or that road infrastructure has been damaged during construction and not repaired to its original state, it has the right to refuse to accept the handover or demand compensation according to the law. If the construction organization or individual has fully met the requirements stipulated by the law, the road management unit is responsible for processing the handover of the construction site and site, and organizing management and maintenance according to regulations.

Article 47. Projects completed but not yet accepted and handed over

1. The Project Owner must promptly complete the acceptance and handover procedures to put the project into operation and use according to current laws on construction project management.

2. For projects constructed on operational roads, the contractor is responsible for ensuring traffic and traffic safety until the project is accepted and handed over to the road management unit.

3. For projects that are new roads, bypasses, or repairs and renovations of bridges and roads with service roads for construction, the contractor is responsible for protecting the project, prohibiting vehicles from entering before receiving permission to open traffic, and bearing full responsibility until the project is handed over to the management unit.

Article 48. Responsibilities of the Project Owner

1. The Project Owner is responsible for supervising and urging the contractor throughout the construction process to comply with legal provisions on ensuring traffic order and safety during construction on operational roads. If the contractor violates regulations and fails to correct and address issues promptly despite receiving recommendations from authorized road management agencies, leading to continued traffic safety incidents during construction, the Project Owner shall consider imposing economic penalties according to the contract or reporting to the competent authority for appropriate measures.

2. When signing construction contracts, the Project Owner must agree with the contractor on clauses and conditions for penalties for violations of traffic and traffic safety regulations during construction within the area allocated for roads, which cause traffic safety hazards and congestion.

Chapter VII

TRAFFIC SAFETY APPRAISAL ON ROADS

Article 49. Competence to Decide and Organize Traffic Safety Appraisal

1. For new road construction projects, upgrading, and renovation

a) For the national highway system, the investment decision-making authority must decide on traffic safety appraisal for the project; the state management agency with functions related to managing road construction shall be responsible for organizing traffic safety appraisal for projects where the Ministry of Transport is the competent investment decision-making authority. The investor decides on the phase of the project that requires traffic safety appraisal and organizes the traffic safety appraisal (including projects implemented under BOT, BT, BTO contracts).

b) For local road systems, the provincial People's Committee decides on traffic safety appraisal for the project. The investor decides on the phase of the project that requires traffic safety appraisal and organizes it (including projects implemented under BOT, BT, BTO contracts).

c) For dedicated roads, the organization or individual owning the dedicated road decides on traffic safety appraisal for the project and decides on the phase of the project that requires traffic safety appraisal.

2. For operational road projects

a) The Ministry of Transport decides and organizes traffic safety appraisal for expressways;

b) The Vietnam Highway Corporation decides and organizes traffic safety appraisal for national highways (excluding expressways);

c) The provincial People's Committee decides and organizes traffic safety appraisal for urban roads, provincial roads, and district roads.

Article 50. Basis for Traffic Safety Appraisal

1. For new construction, upgrading, and renovation projects

a) The decision of the competent authority stipulated in Clause 1 of Article 49 of this Circular regarding the implementation of traffic safety appraisal and the phases of traffic safety appraisal for the project.

b) Project dossier: Investment report for construction works, basic design, technical design (for three-stage design projects) or construction drawing design (for one-stage, two-stage design projects) and other relevant documents for the project.

In cases where traffic safety appraisal is conducted before the acceptance and handover of road construction works for operation, there must be a field inspection record between the traffic safety appraisal organization and the investor or their representative, the construction contractor, design consultant, and supervision consultant.

c) Vietnamese Construction Standards, national technical standards, and mandatory standards applicable to the project as decided by the competent authority.

d) Outline and budget for traffic safety appraisal prepared by the investor; if consulting services are hired, the investor shall organize the review of the outline and budget before submitting them to the competent authority for approval.

2. For operational roads

a) The decision of the competent authority stipulated in Clause 2 of Article 49 of this Circular regarding the route or section subject to traffic safety appraisal;

b) Completion dossier, road management dossier of the direct management agency for the route or section, and accident dossier;

c) Outline and budget for traffic safety appraisal prepared by the road management organization.

Article 51. Traffic Safety Audit Report

The traffic safety audit report shall include the following basic contents:

1. General information about the project:

a) Name of the project and the phase of the audit work being conducted;

b) Name of the head auditor and the auditor.

2. Basis information:

a) List of documents collected for the audit work (reports, related drawings);

b) Brief description of proposals;

c) Details from site visits and field evaluations;

d) Findings and recommendations;

đ) Notification of issues discovered during field surveys and research on provided documents. Images or videos may be used to support this;

e) Recommendations (if any) regarding repair and remediation work;

g) Official notification.

The auditor organization's notification of completion of the audit work shall clearly state the date, month, year, and signature of the head auditor and the auditor.

Article 52. Procedure for Traffic Safety Audit and Review

In each phase of traffic safety review, the audit and review procedures are carried out in steps; depending on the specific project, some steps may be combined or omitted (as detailed in Appendix 6 attached to this Circular).

Article 53. Procedure for Traffic Safety Audit and Review for New Construction, Upgrade, and Renovation Projects

1. The competent authority deciding on the project must conduct a traffic safety review and determine the phases requiring such reviews.

2. The project investor approves the outline and budget estimate for the traffic safety audit. Selects the traffic safety audit organization in accordance with the Bidding Law; both parties exchange details of the audit work, sign the traffic safety audit contract.

3. The project investor and design consultant (and the contractor providing final drawings before the project is put into operation) provide project documentation and all other relevant information about the project to the traffic safety audit organization.

4. The traffic safety audit organization reviews the project design documents and all related information, examines all traffic participants and anticipated operations of the project in relation to adjacent areas and related road networks.

5. The traffic safety audit organization conducts on-site inspections to understand and identify the relationship between the project and future traffic participants and adjacent areas. For the pre-operation phase, nighttime inspections must also be conducted.

6. The traffic safety audit organization collaborates with the design consultant and contractor in the pre-operation phase to assess the impact of the project on traffic safety and nearby structures. For the pre-operation phase traffic safety review, the road management agency must participate.

7. The traffic safety audit organization prepares the traffic safety audit report, detailing findings on traffic safety issues, proposals, and measures to improve traffic safety of the project; submits the traffic safety audit report to the project investor, design consultant, and contractor in the pre-operation phase.

8. The competent authority organizes the review of the traffic safety audit report results and issues a document on the content of the traffic safety audit report.

9. The design consultant and contractor in the pre-operation phase are responsible for formally adopting the proposals and recommendations stated in the decision approving the traffic safety audit report results and revising the project documentation. If there are unresolved points, the design consultant and contractor must submit a written explanation to the project investor regarding the unresolved proposals and recommendations. The project investor considers and decides within its jurisdiction. If unresolved, it must report to the competent investment decision-making authority for consideration and decision.

Article 54. Procedures for reviewing and assessing traffic safety during operation

1. The selection of operational expressways for traffic safety assessment shall be conducted in accordance with the following procedures:

a) The Expressway Management Authority (Expressway Management Authority; Highway Management Zone, Department of Transport and Communications responsible for national highways under their management; Department of Transport and Communications responsible for local road systems or Road Management Organization (Project Investor, Project Enterprise for roads operated under BOT, BTO contracts; organizations, agencies, individuals owning dedicated roads) shall propose to the competent authority (as stipulated in Clause 2, Article 49 of this Circular) the expressways that need traffic safety assessment;

b) The competent authority selects and decides on the expressways that require traffic safety assessment; the selection process shall comply with the provisions of Clause 2, Article 13 of Decree No. 11/2010/NĐ-CP;

2. The Expressway Management Authority or Road Management Organization shall prepare or commission the preparation of the Outline and Budget Estimate for Traffic Safety Review, submit them to the competent authority for approval; select the Traffic Safety Review Organization in accordance with the Bidding Law. The Expressway Management Authority or Road Management Organization shall coordinate with the Traffic Safety Review Organization to discuss the review work contents, sign economic contracts for traffic safety review.

3. The Expressway Management Authority or Road Management Organization shall be responsible for providing the file of the expressway requiring traffic safety assessment and all related information about the expressway needing traffic safety assessment to the Traffic Safety Review Organization.

4. The Traffic Safety Review Organization shall review and examine the files and all related information, consider all types of traffic participants and the exploitation of works from the perspective of traffic safety.

5. If the expressway being reviewed meets the criteria for black spots in terms of road traffic accidents (as specified in the survey, identification, and handling of black spots), then on-site inspection shall be carried out according to the procedure for handling black spots.

6. The Traffic Safety Review Organization shall conduct on-site inspections (day and night) to identify issues of safety deficiencies or characteristics that may cause traffic accidents.

7. The Traffic Safety Review Organization shall cooperate with the direct expressway management agency, the local traffic safety committee, and traffic police to discuss and assess the safety situation of the expressway under review.

8. The Traffic Safety Review Organization shall prepare a Traffic Safety Review Report detailing the findings regarding traffic safety issues, recommendations, and measures to improve safety on the expressway. The Traffic Safety Review Report shall be submitted to the Expressway Management Authority or Road Management Organization.

9. The Expressway Management Authority or Road Management Organization shall be responsible for reviewing and preparing a Petition for Approval of the Traffic Safety Review Report to submit to the competent authority.

10. The competent authority shall organize the assessment of the Traffic Safety Review Report and issue a document regarding the content of the Traffic Safety Review Report. If the recommendations in the Traffic Safety Review Report are approved, the competent authority shall determine the priority order for the recommendations and allocate capital plans to implement road improvements.

Article 55. Content of traffic safety review and assessment during the preparation of investment construction project reports

The content of traffic safety review and assessment during the preparation of investment reports for projects (limited) is based on the proposed scale investment plans (general design scheme) to examine. Traffic safety review tasks are similar to those at the stage of preparing investment construction project reports as stipulated in Article 56, but the content is only at a general level.

Article 56. Content of traffic safety review and assessment during the preparation of investment construction project reports or economic-technical construction project reports

1. Overall solutions regarding the technical scale of the project

a) Suitability of the route plan passing through control points, intersection positions, distances between junctions (level crossings, direct intersections, interchanges...);

b) Rationality of the design plans for works along the route, drainage systems, geological and hydro-meteorological conditions; impact on landscape environment, service facilities, access roads to residential areas and other areas, fire and ambulance routes; future expansion potential of the route.

2. Geometric characteristics of the layout, longitudinal profile, typical cross-section, changes in cross-section, traffic organization, design standards.

3. Visibility, transition sections, driver recognition and reaction capabilities.

4. Visibility when entering and at intersections, overall layout, cross-section.

5. Assessment of the impact of roadside structures, pedestrian facilities, non-motorized vehicles, and road motor vehicles.

6. Safety measures during construction are reflected through comprehensive solutions ensuring safety during the construction process (detour roads, temporary bridges, construction site layout, signage, lighting, traffic control...).

7. Other aspects of traffic safety not mentioned above.

Article 57. Content of traffic safety review and assessment during the technical design phase (for three-step design projects) or construction drawing design phase (for one-step and two-step design projects) and during the construction process

1. Changes compared to the project preparation phase for investment construction projects or economic-technical construction project reports include issues such as drainage systems, geological and hydro-meteorological conditions; impact on landscape environment of service facilities, roads through residential areas and other areas, fire and ambulance routes; future expansion potential of the project; traffic safety factor, theoretical speed profile.

2. Specific issues concerning geometric characteristics of the layout, longitudinal profile, typical cross-section, changes in cross-section, overall layout, curb and sidewalk treatment; focusing on reviewing and assessing conditions ensuring traffic safety when some design technical criteria for roads have adjustments regarding Rmin, Rloop, Rdip, visibility design, longitudinal profile; locations of cut and fill slopes with significant heights.

3. Detailed routing: transition sections, driver recognition and handling capabilities, detailed geometric design, handling at bridge and culvert locations.

4. Intersections and connection points:

a) Visibility when vehicles enter the intersection and visibility at the intersection, overall layout of the intersection (interchange and direct intersection), access roads to the intersection, driver recognition capability, detailed geometric design of the intersection, traffic islands, lighting;

b) Locations of connection points, analysis of the rationality or irrationality of traffic safety technical standards such as: distance between intersections, connection point location, structural scale, technical factors related to layout, longitudinal profile, cross-section, longitudinal slope and transition length.

5. Assessment of the impact of roadside structures, facilities ensuring pedestrian safety, non-motorized vehicles, and road motor vehicles:

a) Evaluation of the impact of structures violating road safety zones according to Government Decree No. 11/2010/NĐ-CP, fully documenting structures within the road safety zone before and after construction (studying land clearance plans);

b) Reviewing the impact of mixed traffic flows, actual speed reduction compared to design speeds, and loss of traffic safety when allowing mixed traffic flow.

6. Signage, road markings, lighting, and traffic control: Identifying unreasonable elements in the traffic safety system, proposing specific improvements (adjustments or additions) to complete the traffic safety system before putting the project into operation.

7. Other structures: structures placed close to the running lane that pose potential traffic safety risks such as median strips, crash barriers, guardrails, rumble strips, safety solutions proposed by the design consultant.

8. Detailed bridge, tunnel, and culvert design: reviewing the rationality of structure placement, longitudinal slope at both ends of the bridge, tunnel, connecting roads, and the scale of the bridge, tunnel, and culvert structures.

9. Traffic safety measures during construction: layout of construction equipment, activities during the construction process, traffic management and control, specific safety measures (detour plans, temporary bridges, construction sequences), particularly noting the renovation and upgrading of existing roads.

10. Other traffic safety issues not mentioned above.

11. The review and assessment report must summarize the impacts on traffic safety, thereby recommending the maximum permissible speed for vehicles upon completion of the project.

Article 58. Contents of traffic safety inspection before final acceptance and handover for operation

1. The organization conducting the traffic safety inspection shall take the lead and coordinate with units including: the project owner, traffic police, supervising consultants, construction units, and units directly managing and operating to review and inspect the contents mentioned in the traffic safety inspection reports from previous stages, comparing them with the actual construction results on site (comparing approved design documents with the actual site conditions and the current road situation), paying attention to traffic organization, traffic control for unpowered vehicles and pedestrians; turning lanes, bus stops, obstacles, road surface damage, encroachment, and violations of the road safety zone.

2. Propose additional or adjusted solutions to ensure maximum traffic safety before the project is put into operation.

Article 59. Contents of traffic safety inspection during road operation

The organization assigned to conduct traffic safety inspections shall take the lead and coordinate with units directly managing the road to review and inspect according to the contents outlined in the approved traffic safety inspection framework, comparing design documents (as-built documents) with the actual site conditions and traffic volume, the actual traffic situation on the road, and the encroachment of the road safety zone on both sides of the road (including the safety zone of bridge and culvert works...) to promptly identify factors and risks leading to traffic safety issues, paying attention to traffic organization and control for unpowered vehicles and pedestrians, auxiliary lanes, turning lanes, bus stops, obstacles obstructing visibility, advertising signs (in urban areas), and the connection status with priority roads, unreasonable technical elements arising during operation, road surface damage, and locations where the road safety zone has been violated.

Article 60. List of contents reviewed during traffic safety inspection and evaluation

The list of contents reviewed during traffic safety inspection and evaluation of roads is stipulated in Appendix 7 of this Circular.

Chapter VI

IMPLEMENTING PROVISIONS

Article 61. Effective date

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces:

a) Circular No. 13/2005/TT-BGTVT dated November 7, 2005, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 186/2004/NĐ-CP;

b) Decision No. 04/2006/QĐ-BGTVT dated January 9, 2006, issued by the Minister of Transport promulgating regulations on ensuring traffic safety during construction within the scope of land allocated for roads;

c) Decision No. 36/2005/QĐ-BGTVT dated July 21, 2005, issued by the Minister of Transport regulating the naming or numbering of roads;

d) Decision No. 23/2007/QĐ-BGTVT dated May 7, 2007, issued by the Minister of Transport promulgating regulations on traffic safety evaluation of roads.

Article 62. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Chairmen of Provincial People's Committees, Directors of the Vietnam Highway Administration, and heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. During implementation, if any difficulties arise, agencies, organizations, and individuals should report them to the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport for consideration and resolution./.