Directive No. 40/2004/CT-TTg on Strengthening Management and Protection of the Safe Zone Along the Ho Chi Minh Road

DIRECTIVE OF THE PRIME MINISTER

On strengthening management and protection of the safety corridor along the Ho Chi Minh Highway

The Ho Chi Minh Highway is a major north-south axis in western Vietnam, serving as a vital route for developing a vast and resource-rich region, providing infrastructure conditions for planning industrial zones and urban areas, contributing to labor redistribution, population resettlement, and promoting national industrialization and modernization; it plays a significant role in ensuring national defense and security.

The safety corridor of the Ho Chi Minh Highway is an essential component of the highway aimed at ensuring the durability of the project and the safety of transportation activities. Therefore, preserving land for constructing the highway according to the plan and protecting the safety corridor of the road is an extremely necessary task.

During the construction and operation of the highway, relevant ministries, sectors, and localities through which the Ho Chi Minh Highway passes have made certain efforts in managing and protecting the safety corridor of the highway, facilitating the implementation of projects, ensuring progress, and initially demonstrating the effectiveness of the project.

However, the results achieved still have limitations, violations of the safety corridor of the Ho Chi Minh Highway continue to occur quite frequently, and the resolution of violations remains slow. In many places, there are situations of encroachment and re-encroachment on the corridor to build various structures and houses; unauthorized crossroads are still being created. Some localities have not thoroughly dismantled structures that have been compensated. As of October 2004, in the seven provinces of Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, and Quang Nam, there were over 1,200 cases of violations of the safety corridor. This situation has adversely affected traffic safety and caused significant difficulties for the implementation of projects as well as the management and exploitation of the highway.

The main reasons for the above shortcomings are that local authorities at all levels have not paid sufficient attention to the work of protecting the safety corridor of the highway; they have not dealt with violations firmly and decisively; and the awareness of compliance with laws among some organizations and individuals is still low.

To promptly prevent and address violations of the safety corridor of the Ho Chi Minh Highway, the Prime Minister requests:

1. The Ministry of Transport

Continue to announce the cross-section planning of the Ho Chi Minh Highway; set up boundary markers for land clearance, road boundaries, and hand them over to local authorities for management and protection.

Strengthen the forces managing highways and road traffic inspectors from the early stages of management to manage and protect the safety corridor of the Ho Chi Minh Highway.

Direct the forces within the sector to participate in addressing and handling violations of the safety corridor of the Ho Chi Minh Highway, organized by the provincial people's committees.

2. Relevant Ministries and Sectors

The Ministry of Construction, the Ministry of Agriculture and Rural Development, the Ministry of Trade, the General Department of Tourism, and other relevant ministries and sectors must align their planning, approval, and implementation of projects related to the safety corridor of the Ho Chi Minh Highway with the overall planning direction for construction along the Ho Chi Minh Highway approved by the Prime Minister; they must obtain the agreement of the Ministry of Transport and be responsible for any violations caused by organizations under their jurisdiction.

The Ministry of Culture and Information directs mass media organizations at the central and local levels to regularly organize promotional columns to disseminate laws and regulations concerning the protection of road transport infrastructure and the management and protection of the safety corridor of the Ho Chi Minh Highway.

3. People's Committees of Provinces and Cities Directly Under the Central Government Through Which the Ho Chi Minh Highway Passes

Regularly promote and disseminate the Road Traffic Law and other documents regarding the protection of the safety corridor of the road; enhance the public's awareness of law compliance and self-discipline in maintaining and protecting the safety corridor of the Ho Chi Minh Highway.

Strictly manage boundary markers for land clearance and road boundary planning handed over by the Ministry of Transport; implement preventive measures, block, and handle acts of infringing upon the Ho Chi Minh Highway infrastructure and safety corridor; implement regulations on forest protection and planting along the Ho Chi Minh Highway within their jurisdictions.

Severely deal with and organize the thorough removal of structures that have been compensated, and cases of encroachment and re-encroachment on the safety corridor of the Ho Chi Minh Highway.

Local planning, approval, and implementation of projects related to the safety corridor of the Ho Chi Minh Highway must align with the overall planning direction for construction along the Ho Chi Minh Highway approved by the Prime Minister; they must arrange structures outside the safety corridor and must have detailed planning for internal traffic systems and bypass roads. The connection between internal traffic systems and bypass roads with the Ho Chi Minh Highway must use junctions designed for the Ho Chi Minh Highway and must obtain the consent of the competent highway management authority before approving the planning and projects.

Strictly prohibit the allocation or leasing of land in any form within the safety corridor of the Ho Chi Minh Highway for building structures or houses or for other purposes contrary to the law.

Direct functional agencies and lower-level people's committees to develop specific plans and measures to focus on thoroughly resolving violations of the safety corridor of the Ho Chi Minh Highway; strictly deal with organizations and individuals who are negligent and allow encroachment and re-encroachment on the safety corridor of the Ho Chi Minh Highway.

The Chairmen of the People's Committees of provinces and cities directly under the Central Government through which the Ho Chi Minh Highway passes are responsible to the Prime Minister for any violations of the safety corridor of the Ho Chi Minh Highway occurring in their localities.

Ministers of Ministries, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, and Chairmen of the People's Committees of provinces and cities directly under the Central Government through which the Ho Chi Minh Highway passes shall strictly implement this Directive.

Quarterly, the People's Committee of provinces and centrally governed cities along the Ho Chi Minh Highway shall report to the Prime Minister on the management and protection of safety zones at their respective localities. For the time being, the People's Committees of the provinces of Thanh Hoá, Nghệ An, Hà Tĩnh, Quảng Bình, Quảng Trị, Thừa Thiên Huế, Quảng Nam, and Kon Tum are required to report on the results of addressing violations that have occurred locally before February 15, 2005.

The Ministry of Transport shall be responsible for monitoring and compiling reports to the Prime Minister on the implementation of this Directive./.