Circular No. 40/2024/TT-BGTVT on the work of preventing, combating, and mitigating the consequences of natural disasters in the road sector

CIRCULAR
Regulations on disaster prevention, mitigation, and aftermath recovery work
in the road sector

_________________________

Pursuant to the Road Law dated June 27, 2024;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013; the Law amending and supplementing certain articles of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction dated June 17, 2020;

Pursuant to the Civil Defense Law dated June 20, 2023;

Pursuant to Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Management;

Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing certain contents regarding project management of investment construction;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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

The Minister of Transport issues this Circular regulating disaster prevention, mitigation, and aftermath recovery work in the road sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates disaster prevention, mitigation, and aftermath recovery work in the road sector.

Article 2. Applicability

This Circular applies to organizations and individuals within and outside Vietnam who are related to disaster prevention, mitigation, and aftermath recovery activities in the road sector on Vietnamese territory.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Road collapse refers to the deformation and damage of the road foundation, negative embankment, and positive embankment caused by natural disasters.

2. Road disaster prevention and control works are structures built permanently or temporarily to limit or mitigate the impacts of natural disasters on road infrastructure.

3. Road project enterprise investing in construction and management of road works includes public-private partnership (PPP) enterprises and enterprises assigned by the State to invest in construction, management, and operation of road works.

4. Road maintenance contractor includes contractors managing, regularly maintaining, and operating road works; contractors repairing and other contractors participating in road maintenance work.

Article 4. Principles of disaster prevention, mitigation, and aftermath recovery work and rescue operations in the road sector

1. Adhere to the basic principles of disaster prevention, mitigation, and rescue operations as stipulated in Article 4 of the Law on Natural Disaster Prevention and Control.

2. When natural disasters weaken or after weather returns to normal, organizations and individuals assigned tasks must immediately implement measures to respond to and mitigate damages to road works to restore traffic operations and ensure safe and smooth traffic flow.

3. Measures for disaster prevention, mitigation, and aftermath recovery in the plan must be provided with human and material resources according to the principle of four localities "command at the scene; forces at the scene; means and materials at the scene; logistics at the scene" to minimize the consequences of natural disasters and provide timely rescue and recovery.

4. Ensure safety for people and vehicles participating in disaster prevention, mitigation, and aftermath recovery work, road infrastructure, and vehicles operating on roads; minimize incidents and accidents caused by disaster prevention, mitigation, and aftermath recovery activities.

Chapter II

DISASTER PREVENTION

Article 5. Contents of disaster prevention

Road management agencies, Road Management Zones, Project Management Boards, managers and users of roads, enterprises investing in construction and managing road works within their jurisdiction shall have the responsibility to implement the following disaster prevention contents:

1. Develop plans for disaster prevention and control to reduce the impact of natural disasters on road infrastructure and road transport vehicles; prevent risks of damage or destruction of works when natural disasters occur.

2. Regularly inspect and evaluate the safety level of works that need protection. If damage or deterioration is found, timely measures must be taken; if beyond capacity and authority, immediate reports must be made to the superior agency for handling and recovery before the rainy and storm season.

3. Develop disaster prevention plans. In the plan, potential disaster events must be anticipated; the extent of impact on road works, equipment, assets, workshops, and road transport vehicles must be predicted, along with appropriate response measures as follows:

a) Measures to reinforce and repair to protect works, warehouses storing reserve materials, workshops, equipment, vehicles, and goods;

b) Evacuation plans for equipment, goods; rescue and relief plans, passenger and cargo transfer plans;

c) Reserve materials and equipment to prevent long-term road collapses and traffic disruptions;

d) Measures to prevent objects from being carried away by floodwaters into bridge and culvert works;

đ) Traffic assurance and diversion plans when there are traffic jams on national highways and local roads;

e) Establish information dissemination systems during disaster events. Anticipate situations such as power outages and communication interruptions to proactively prevent and quickly and effectively address them when they occur;

g) List of warehouses storing equipment and reserve materials; areas for dumping earth and rock slides to facilitate traffic accident recovery work on roads.

4. Strengthen inspections of disaster prevention and emergency response work, especially at key and weak works.

5. Organize and participate in training and drills on disaster prevention, mitigation, and rescue skills in the road sector.

6. Command the activities of disaster prevention, mitigation, and aftermath recovery forces and rescue operations of the unit.

7. Maintain a standing organization and update information on the development of natural disasters.

Article 6. Disaster Prevention for New Road Construction Projects or Upgrades, Expansions, and Repairs

The investor must ensure compliance with the following regulations when establishing and implementing new road construction projects or upgrades, expansions, and repairs:

1. Design and construct to be resilient and adaptable to climate change, meeting technical standards and specifications, ensuring flood drainage and disaster prevention requirements.

2. Minimize or avoid increasing disaster risk to the lowest extent possible and ensure the stability of the project before disasters.

3. Adhere to environmental protection laws, construction laws, and planning laws.

Article 7. Disaster Prevention for Ongoing Road Construction Projects

Contractors responsible for road construction projects shall implement the following disaster prevention measures:

1. Develop disaster prevention plans to ensure the safety of completed work volumes, traffic safety, and the safety of auxiliary works, construction equipment, material storage areas, workshops, and living quarters for staff.

2. During the preparatory phase of construction, the following regulations must be implemented:

a) Conduct on-site investigations and surveys of the area to assess the impact of disasters and develop construction organization plans and schedules accordingly;

b) Avoid scattered and prolonged construction, particularly for underwater sections and flood-prone areas;

c) Arrange workshops and material storage areas in high, non-flooded locations and secure them against collapse during wind and storms;

d) Safeguard construction equipment securely, and moor floating equipment in sheltered areas during rainstorms;

3. During the construction and completion phases, the following regulations must be adhered to:

a) Construction must follow established procedures, ensuring traffic safety for ongoing road-related projects according to construction organization plans and disaster prevention measures;

b) Do not discard materials or waste that could obstruct water flow. After completion, clear riverbeds to ensure good drainage and traffic safety;

c) When a disaster is imminent in the construction area, personnel and equipment must be prepared to respond and mitigate the situation; conduct on-site inspections and enforce disaster prevention plans;

d) Lower elevated equipment, move underwater vessels to sheltered areas and secure them firmly; tidy up materials, store equipment in designated areas, prepare emergency supplies, and repair damaged road infrastructure to ensure safe and smooth traffic under all circumstances;

đ) Prepare necessary personnel, equipment, devices, and materials to participate in disaster prevention, mitigation, and recovery operations as required and directed by competent state authorities.

Article 8. Prevention of natural disasters for highway projects that have been put into operation and use

The Highway Management Zone, the manager and user of highways, the contractor responsible for maintaining highway projects, and enterprises investing in construction and managing highway projects within their scope of management shall be responsible for implementing the following disaster prevention measures:

1. For small bridges and culverts:

a) For small bridges: it is necessary to clear the flow upstream and downstream to ensure good drainage. Parts prone to erosion such as the four noses, bridge heads, pier bases, and energy dissipation aprons need to be repaired and reinforced before the rainy and storm seasons;

b) For culverts: it is necessary to clear the sump and culvert bed, both during and outside the rainy and storm seasons, reinforce the walls and energy dissipation aprons; for culverts located in areas with floating rocks and trees, measures must be taken to strengthen against rock and tree blockages.

2. For medium and large bridges:

a) Regular and periodic inspections must be carried out according to regulations, as well as annual repairs and reinforcements, especially parts prone to damage from rain and floods;

b) For bridges in areas with floating rocks and trees: it is necessary to regularly inspect and remove trees and debris, ensuring they do not adhere to the bridge piers or the bottom of the beams;

c) For rivers and streams with changing flows: measures must be taken to adjust the flow and reinforce the riverbanks and bridge abutments reasonably;

d) For large bridges: it is necessary to continuously monitor wind speed on the bridge; if the wind speed exceeds the design specifications, the bridge must be promptly closed (temporarily stopping traffic) and traffic diversion routes announced to ensure safety for people and vehicles.

3. For the road embankment: the slope shoulders of the road embankment and road edges should be mowed and leveled according to the designed slope; where the geological stability of the slope shoulder is unstable, retaining walls or slope reinforcement should be constructed; where the road base is frequently flooded, the road edges and slope shoulders should be reinforced and water-resistant pavement structures used.

4. For drainage ditches (including longitudinal ditches, crown ditches, gutter steps, and slopes): weeds, mud, stones must be cleaned out to ensure good drainage. Any damage to the ditches affecting drainage capacity must be repaired before the rainy and flood seasons.

5. For overflow roads and submerged roads: repairs to the road surface, embankment, and energy dissipation aprons upstream and downstream, painting and repairing the signaling system, guideposts, and water level markers must be conducted. After the water recedes, the condition of the overflow and submerged roads must be inspected, and traffic can only resume when safety is assured.

6. For floating systems, pontoon bridges, ferries, and boats:

a) All objects on the vessel must be securely fastened to prevent them from breaking or moving during operation;

b) Ensure the watertightness of the deck covers. The sides and bottoms of ferries, pontoons, and boats must not be punctured or leak;

c) Ensure the vessel operates properly, the pumping system has sufficient capacity to pump dry the compartments, open decks must have adequate drainage holes and drain effectively;

d) Adequate mooring anchors and hiding berths must be provided to hide ferries and pontoons when natural disasters occur;

đ) Equip with sufficient lifesaving and firefighting equipment.

7. For highway tunnels and underpasses:

a) For highway tunnel projects: implement appropriate disaster prevention measures based on the scale of the project; anticipate possible scenarios (power outage, excessive rainfall flooding the tunnel causing inundation);

b) Regularly conduct inspections to promptly repair and reinforce parts prone to damage from natural disasters such as electrical systems, pumps, drainage systems, erosion control, rock rolling, and tree drift at both ends of the tunnel.

Chapter III

RESPONSE TO INCIDENTS, DISASTERS AND RESCUE OPERATIONS

Article 9. Directing and Commanding Responses to Emergencies, Natural Disasters, and Search and Rescue Operations

Managers and users of national roads, enterprises investing in construction and management of road works, contractors maintaining road works within their scope of management shall be responsible for directing and commanding responses to emergencies, natural disasters, and search and rescue operations as follows:

1. Based on forecasts and warnings of types of natural disasters, levels of disaster risk, developments of natural disasters, and directives from higher authorities, road management agencies shall direct and command the implementation of measures to respond to emergencies, natural disasters, and search and rescue operations within the field of national roads under their management.

2. At all levels, Civil Defense Command Posts must be on duty 24/7 to closely monitor the developments of emergency situations and natural disasters; based on the level of danger, impact of natural disasters, geographical conditions, and actual circumstances, they shall select and apply appropriate and timely measures to respond to emergencies, natural disasters, and search and rescue operations; directly command or advise heads of agencies and units to implement solutions to respond to emergencies, natural disasters, and search and rescue operations.

3. Agencies, units, and enterprises investing in construction and managing exploitation of road works must complete preventive tasks against natural disasters before the rainy and storm seasons.

a) Select plans, measures, and organize the implementation of responses to emergencies, natural disasters, and search and rescue operations that are suitable with the developments of natural disasters and the actual conditions of the area; in cases exceeding their capacity, report to the Ministry of Transport, Vietnam Highway Administration (for national highways specified in Clause 3, Article 8 of the Law on Roads) and the People's Committee of the province (for roads specified in Clause 4, Article 8 of the Law on Roads) for coordinated response to emergencies, natural disasters, and search and rescue operations;

b) Coordinate with local Civil Defense Command Posts to proactively organize work to respond to emergencies, natural disasters, and search and rescue operations in the area;

c) Summarize and promptly report damage caused by natural disasters and bear responsibility for the accuracy of reported information and data.

5. When natural disasters occur, agencies managing national roads, Road Management Zones, Project Management Boards, enterprises investing in construction and management of road works, and contractors maintaining road works shall have the following responsibilities to respond to emergencies, natural disasters, and search and rescue operations:

a) Rescue people and protect state and public property;

b) Immediately reinforce and repair locations and areas of the works where incidents have occurred to mitigate damage caused by natural disasters to road infrastructure. In cases where incidents exceed their own response capacity, immediately report and propose to competent authorities for necessary support;

c) When there is a risk of road collapse, landslides, flash floods posing danger to people and vehicles, limit or reroute traffic or prohibit passage;

d) Monitor, guide, and proactively restrict or prohibit people and vehicles from entering dangerous areas, flooded routes, areas at risk of landslides due to rain, floods, or water flow;

đ) Ensure traffic and communication;

e) Coordinate with local Civil Defense Command Posts in implementing search and rescue activities, treating injured persons, providing food, medicine, drinking water, and other essential supplies in isolated or severely flooded areas;

g) Coordinate to ensure security and social order in areas where emergencies and natural disasters have occurred;

h) Comply with directives from competent state authorities, urgently mobilize manpower, materials, equipment, and essential supplies to promptly respond to natural disasters;

i) Cease responding to emergencies, natural disasters, and search and rescue operations when there is a potential danger to people and equipment performing response tasks; simultaneously command the isolation of the area to ensure safety.

In cases where manpower, equipment, and backup supplies have been mobilized to the scene to respond to emergencies, natural disasters, and search and rescue operations but the incident does not occur, on-site records shall be made and representatives of road management agencies, Civil Defense Command Posts at district level, or the People's Committee of the district where the scene is located shall be invited to confirm the record.

Article 10. Announcement of emergency situation decisions and termination of emergency situations due to natural disasters

1. Decision-making authority:

b) The Chairman of the Provincial People's Committee decides on the announcement and termination of emergency situations due to natural disasters for roads as stipulated in Clause 4, Article 8 of the Road Law; the provincial civil defense command or specialized agencies of the Provincial People's Committee advise the Chairman of the Provincial People's Committee on the decision to announce emergency situations due to natural disasters.

2. Content of the decision to announce emergency situations due to natural disasters:

a) The start time, development, and scope of impact of natural disasters or incidents; damage to road infrastructure caused by natural disasters; the extent of damage to works; potential losses or risks that may occur;

b) Emergency measures needed to be applied immediately to respond and mitigate consequences in order to prevent and minimize losses caused by natural disasters or incidents affecting works;

c) Assignment of responsibilities to relevant agencies and units to implement responses and mitigation of consequences.

3. Announcement of termination of emergency situations due to natural disasters:

Based on the development of natural disasters or results of incident resolution, the civil defense command or specialized agencies present to the authorized person as stipulated in Clause 1 of this Article the decision to announce the termination of emergency situations due to natural disasters.

Article 11. Coordination activities in responding to incidents, natural disasters, and search and rescue operations

1. Coordination activities in rescuing people in danger in areas affected by natural disasters:

a) Evacuating people from dangerous areas;

b) Providing timely medical assistance to people in danger; searching for missing persons and means of transportation;

c) Mobilizing personnel, materials, and equipment to participate in treating injured people and rescue operations when necessary.

2. Responsibilities in coordinating rescue efforts:

b) On-site emergency response forces must fully utilize their capabilities to quickly rescue victims (if any) from dangerous areas and situations; in cases exceeding their capacity, they must immediately report to nearby professional search and rescue or medical emergency forces; at the same time, they must be ready to cooperate when requested;

4. Specialized road inspection forces must actively and positively coordinate with other functional forces in traffic control and diversion, participating in ensuring social security and public order in the area.

Chapter IV

MITIGATION OF DISASTER CONSEQUENCES

Article 12. Activities to mitigate disaster consequences and ensure traffic

1. Participate in search and rescue operations for victims; search and salvage state-owned and people's property that have sunk or been buried due to natural disasters.

2. Participate in relief efforts and stabilize the lives of people in areas affected by natural disasters or isolated by road traffic disruptions caused by natural disasters.

3. Repair and immediately address damage to road infrastructure when safety for people and vehicles is not guaranteed; prevent the collapse risk of road infrastructure and adjacent structures.

4. Repair and restore the operation of construction equipment belonging to public assets.

5. Implement environmental sanitation measures and disease prevention in areas affected by accidents or natural disasters.

6. Statistically assess losses caused by natural disasters and propose remediation plans.

Article 13. Emergency Projects for Disaster Prevention, Mitigation, and Consequence Management

1. The competent authority decides to implement emergency projects for disaster prevention, mitigation, and consequence management according to Article 13 of Decree No. 66/2021/NĐ-CP dated July 6, 2021, of the Government detailing certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction; issues decisions to declare emergency situations regarding natural disasters, Orders to construct emergency works.

2. Authority to decide on Orders to construct emergency works:

b) Chairpersons of People's Committees at all levels decide for roads under their jurisdiction;

d) Heads of agencies representing the ownership interest decide for roads managed by enterprises assigned by the State to invest, construct, manage, operate, and exploit such infrastructure.

3. An Order to construct emergency works shall include the following main contents:

a) Purpose of construction, location of construction;

b) Person responsible for managing and implementing the construction work;

c) Implementation of construction work to mitigate disaster consequences and ensure traffic according to Article 15 of this Circular (for operational road projects). Remediation measures according to construction laws and natural disaster prevention laws (for new road investment and construction projects or expansion and renovation projects);

d) Construction period;

e) Estimated costs, resources for implementation, and other necessary requirements related thereto.

4. Persons responsible for managing and implementing construction work may independently decide all matters in emergency construction activities, including:

a) Assign organizations and individuals to carry out surveying, designing, supervising, constructing, and other necessary tasks to serve emergency construction work;

b) Decide on the procedures for conducting surveys, designs, and constructions;

c) Decide on construction supervision and acceptance of construction works meeting the requirements of the emergency construction order;

d) After completing emergency construction work, prepare and submit completion documents for approval according to Article 16 of this Circular.

Article 14. Ensuring traffic and mitigating consequences of natural disasters

1. Mitigating consequences of natural disasters and ensuring traffic for operational road projects:

a) Mitigating consequences of natural disasters, addressing traffic congestion, and ensuring traffic with the goal of quickly restoring smooth and safe traffic operations;

b) Repairing and restoring road projects damaged by natural disasters.

2. Mitigating consequences of natural disasters and ensuring traffic during construction phases for new road investment and construction projects or expansion, improvement projects:

a) On the assigned route or section of the road project, the investor or sponsor shall be responsible for repairing damages and mitigating consequences of natural disasters affecting the entire road project and the road safety zone;

c) In cases of significant damage or damage to components not part of the project, the investor or sponsor shall report the extent and estimated cost of damage caused by natural disasters to the investment decision-maker or competent authority for consideration and decision.

3. Mitigating consequences of natural disasters and ensuring traffic during construction phases for road maintenance projects:

b) If there is damage to the road infrastructure within the assigned construction scope but the damaged component is not part of the project or ongoing construction, the road management agency, Road Management Zone, and regular maintenance and operation contractors shall be responsible for implementation according to Articles 15 and 16 of this Circular.

4. Mitigating consequences of natural disasters and ensuring traffic for road projects that have been handed over for exploitation and use and are currently under warranty:

a) For road infrastructure not part of the handed-over project that is damaged when natural disasters occur, the road management agency, Road Management Zone, and regular maintenance and operation contractors shall be responsible for implementation according to Articles 15 and 16 of this Circular;

b) For road infrastructure that is part of the project and is damaged when natural disasters occur, the road management agency, Road Management Zone shall notify the investor and related units to immediately be present at the scene, cooperate to determine the cause and responsibility for repairs; if consensus cannot be reached on the cause and responsibility for repairs, the investor shall be responsible for organizing an appraisal of the cause of damage to determine the cause, responsibility for repairs, and remediation;

If the cause of damage is due to natural disasters, the road management agency, Road Management Zone, and road maintenance contractors shall be responsible for implementation according to Articles 15 and 16 of this Circular; if the cause of damage is determined to be due to the quality of the project under warranty responsibility, the investor shall be responsible for organizing repair work and remediation and bear legal responsibility for failure to repair or repair without ensuring quality causing traffic safety issues.

5. Mitigating consequences of natural disasters and ensuring traffic for public-private partnership (PPP) road investment projects currently under warranty:

a) For transportation infrastructure not part of the project that is damaged when natural disasters occur, the investor and PPP enterprise shall be responsible for remediation and repair of damages according to Articles 15 and 16 of this Circular;

b) For transportation infrastructure that is part of the project and is damaged when natural disasters occur, the investor and PPP enterprise shall notify the road management agency to immediately be present at the scene, cooperate to determine the cause of damage; if consensus cannot be reached on the cause of damage, the investor and PPP enterprise shall be responsible for organizing an appraisal of the cause of damage to determine the responsibility for repairs and remediation.

If the cause of damage is due to natural disasters, the investor and PPP enterprise shall be responsible for implementation according to Articles 15 and 16 of this Circular; if the cause of damage is determined to be due to the quality of the project under warranty responsibility, the investor and PPP enterprise shall be responsible for organizing repair work and remediation and bear legal responsibility for failure to repair or repair without ensuring quality causing traffic safety issues.

Article 15. Work to mitigate the consequences of natural disasters and ensure traffic for highway projects that have been put into operation and use

1. Mitigating the consequences of natural disasters, handling traffic congestion, ensuring traffic

When natural disasters occur affecting road traffic activities, the road management agency, Highway Management Zone, contractor responsible for regular maintenance and operation of highway projects shall immediately implement measures to mitigate the consequences of natural disasters, handle traffic congestion, and ensure road traffic. This activity includes one or more of the following tasks:

a) Dispatch personnel to set up posts, string barriers, install temporary warning signs at both ends of the damaged sections; clean up, level, and repair to ensure minimum traffic flow of one lane safely. Sections of roads or facilities severely damaged must be fenced off, guarded by personnel directing traffic, organized traffic diversion, and announced through mass media. In cases of significant water depth and strong current velocity, stakes, buoys, and water level markers must be installed, and local authorities must cooperate to set up barriers, divert traffic, or prohibit passage if necessary;

b) Fallen power poles and trees on the road; mud, soil, rocks, pebbles, debris, and garbage blocking the road surface and drainage system causing obstruction to culverts, ditches, and under bridges: concentrate on cutting down and clearing fallen trees, moving power poles out of the road surface area; scoop and clean the road surface; dredge the culverts, ditches, rivers, and streams under bridges to ensure safe passage;

c) Landslides of earth and rock from the upper slope onto the road surface: excavate and remove unstable rock slabs, scoop and clear landslide debris from the upper slope; when it is necessary to stabilize the lower slope foot, use rock-filled steel gabions or other appropriate technical solutions based on actual conditions to ensure safe passage;

d) When landslides occur on the lower slope, subsidence intrudes into the road surface: depending on the actual terrain, reinforce the lower slope by stacking rock-filled steel gabions or using steel piles or sheet piles to form retaining walls against subsidence; when the width of the remaining road surface after a lower slope landslide is ≤ 3.0 meters, temporarily fill the ditch or cut into the upper slope foot to achieve a road width ≥ 4.0 meters for temporary passage, then complete the work for normal passage;

đ) Small bridges, culverts, tunnels, emergency lanes, drainage systems damaged by erosion, landslides, uplift, localized flooding, or other damages affecting road traffic operations and safety: dredge and clear mud, soil, and rocks to ensure drainage; reinforce damages using one or several materials such as cement concrete, reinforced concrete, rock-filled steel gabions, or restore the original structure or equivalent structure to ensure safe passage;

e) Road shoulders eroded or washed away: reinforce the road shoulders with rock-filled steel gabions, or restore the original structure or equivalent structure to ensure safe passage;

g) Road surface subsidence, rutting, soft spots, potholes, cracks, and pavement damage: grade and ensure smoothness of the road surface; after weather permits, reinforce and restore the original structure or equivalent structure to ensure safe passage;

h) Toll stations, rest areas, and auxiliary structures, equipment damaged: repair, replace, and supplement to guide and ensure safe and unobstructed traffic;

i) Road signage and safety facilities damaged: repair, replace, and supplement immediately to guide and ensure safe and unobstructed traffic;

k) In cases where mitigating the consequences of natural disasters, handling traffic congestion, and ensuring traffic as specified in points a, b, c, d, đ, e, g, h, and i of this clause exceed the capacity of the contractor responsible for regular maintenance and operation of highway projects, the road management agency, and Highway Management Zone within their management scope, additional units should be mobilized to promptly address the consequences caused by natural disasters;

l) The road management agency and Highway Management Zone within their management scope shall entrust organizations or individuals with capability and experience to immediately carry out surveying, designing, and supervising tasks for cases specified in points b, c, d, đ, e, g, h, and i of this clause;

m) In cases where mitigating the consequences of natural disasters, handling traffic congestion, and ensuring traffic as specified in points c, d, đ, g, and h of this clause, the Vietnam Highway Administration shall be responsible for directing the scale, repair solutions, and reinforcement measures for national highways as stipulated in Clause 3, Article 8 of the Law on Roads;

2. Repairing and restoring highway projects

When natural disasters cause damage to highway projects, immediate measures must be taken to mitigate the consequences to restore traffic operations, partially or fully restore the project according to the technical standards before the damage occurred. The competent authority shall decide to implement emergency projects to prevent, combat, and mitigate the consequences of natural disasters. This activity includes one or more of the following tasks:

a) Upper slope slides and develops sliding arc cracks; condition of rock fractures, falling rocks, and rolling rocks on the road with continued risk of further landslides and sliding: proceed with cutting the sliding arc, reducing load partially or entirely, or covering the rock slope with steel mesh anchored into the slope, opening a temporary bypass to allow temporary passage, then completing for normal passage;

b) Lower slope slides deeper than 1 meter into the road surface: depending on topography and geology, use steel piles driven to form retaining walls against sliding, combined with rock-filled steel gabions or equivalent technical solutions, or open a temporary bypass towards the upper slope to allow temporary passage, then completing for normal passage;

c) Collapse or washout of road overpasses, tunnels, or culverts causing road breaks: repair and strengthen the structure or open a temporary bypass to allow temporary passage, or build a temporary bridge to allow mainline passage, then completing for normal passage;

d) Collapse of road tunnels; washout or collapse of road bridges; washout or breakage of pontoon bridges; washout or breakage of roads: construct temporary bypasses or temporary bridges to allow temporary passage, then completing for normal passage;

đ) In addition to the repair solutions for fixing damage and restoring road works as provided for in points a, b, c, and d of this clause, the competent authority may supplement repair measures in the Emergency Construction Order to promptly address the consequences caused by natural disasters.

Article 16. Completion Documents for Disaster Aftermath Mitigation, Traffic Congestion Management, and Traffic Assurance; Completion Documents for Emergency Projects for Disaster Prevention, Control, and Mitigation

1. Organization of completion document preparation and review

a) Road Management Zone for roads as specified in Clause 3 of Article 8 of the Road Law;

b) Agencies or organizations assigned by the Provincial People's Committee for roads as specified in Clause 4 of Article 8 of the Road Law;

c) Enterprises entrusted by the State to invest in construction, manage, and operate road works for road works under their management;

d) Within thirty working days from the date of completion of on-site construction, the agencies or units specified in points a, b, and c of this clause shall be responsible for submitting the Completion Documents to the competent authority as specified in Clause 2 of this Article for examination and approval.

2. Authority for Examination and Approval of Completion Documents:

a) Vietnam Road Administration for national highways as specified in Clause 3 of Article 8 of the Road Law;

b) Agencies or organizations assigned by the Provincial People's Committee for roads as specified in Clause 4 of Article 8 of the Road Law;

c) The owner's representative agency for road works managed by enterprises entrusted by the State to invest in construction, manage, and operate road works;

d) The time for examining the documents and approving or notifying the result is thirty days, starting from the date when all valid documents are received.

3. Components of the Completion Documents for Disaster Aftermath Mitigation, Traffic Congestion Management, and Traffic Assurance include:

a) A proposal from the agency preparing the documents;

b) An explanation of the disaster aftermath mitigation plan;

c) Directives, response, and mitigation documents for disaster aftermath such as telegrams, instructions, or orders from the competent authority (for cases as specified in point m of Clause 1 of this Circular);

d) An initial report accompanied by photographs of damage caused by natural disasters from the agency preparing the documents or the regular maintenance contractor managing and operating the road works;

đ) A confirmation record of the volume of work completed with detailed lists attached;

e) As-built drawings;

g) Budget estimates for disaster aftermath mitigation, traffic congestion management, and traffic assurance tasks already implemented, including detailed explanatory calculations;

i) Technical construction drawings showing the volume and structure of temporary works;

k) Construction project logbook and some images recording the construction process, attendance sheets for traffic regulation and diversion;

4. Components of the Completion Documents for Emergency Projects for Disaster Prevention, Control, and Mitigation include: a proposal from the agency preparing the documents and components of the documents as prescribed in Clause 4 of Article 58 of Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain aspects of project investment construction management;

5. The documents prescribed in Clauses 3 and 4 of this Article do not include work volumes that have been valued in the regular maintenance contract between the regular maintenance contractor managing and operating the road works and the competent authority;

6. For road works constructed and operated under BOT contracts and other public-private partnership project contracts: the project enterprise shall prepare the Completion Documents for Disaster Aftermath Mitigation, Traffic Congestion Management, and Traffic Assurance or Emergency Projects for Disaster Prevention, Control, and Mitigation, agreeing with the competent authority in accordance with the law and the project contract; the documents shall be prepared based on compliance with the provisions of Clauses 3, 4, and 5 of this Article;

7. Agencies, units, and individuals assigned the task of preparing Completion Documents for Disaster Aftermath Mitigation, Traffic Congestion Management, and Traffic Assurance; Completion Documents for Emergency Projects for Disaster Prevention, Control, and Mitigation must bear legal responsibility for the accuracy of the documents.

Chapter V

MANAGEMENT AND USE OF PREVENTIVE EQUIPMENT, FACILITIES, MATERIALS, AND FUNDS FOR DISASTER MITIGATION IN THE ROAD SECTOR

Article 17. Management and use of equipment, facilities, and reserve materials

1. Reserve materials and facilities for disaster prevention, mitigation, and aftermath response:

a) Main reserve materials and facilities include: labor protection equipment, life jackets, flashlights, gunny sacks, tarpaulins, riprap, gravel, steel baskets, cables, wire ropes, ropes, hammers, shovels, spades, asphalt, cement, gasoline, diesel, various types of bridge beams, steel piles, concrete piles, traffic signs, barriers, guardrails; generators, pumps, welding machines, hoists, wired and wireless communication devices;

2. Means of implementing disaster prevention, mitigation, and aftermath response work:

a) Main means include: ferries, rescue cranes, construction cranes, specialized rescue vehicles, specialized rescue trucks, cargo trucks, speedboats, pile drivers, excavators, bulldozers;

3. Authority to mobilize reserve materials and means:

b) The Director of Road Management Zones has the authority to mobilize reserve materials, means, and facilities under their management to serve disaster response and search and rescue operations on national highways under their jurisdiction;

d) The advisory bodies assisting those with authority as specified in points a, b, and c of this clause shall, after mobilizing reserve materials, means, and facilities, be responsible for completing settlement procedures according to regulations.

4. Management and maintenance of reserve facilities and materials:

b) Local management of reserve facilities and materials is decided by the Provincial People's Committees;

c) Road Management Zones are responsible for maintaining records to account for, monitor, and manage the use of assets, facilities, and reserve materials according to regulations. At the end of the year, units are responsible for reporting changes in assets, facilities, and reserve materials and completing annual settlement procedures according to current regulations.

Article 18. Sources of funds for implementing disaster prevention, mitigation, and recovery work in the road sector

The funds for disaster prevention, mitigation, and recovery work in the road sector shall be implemented in accordance with the laws on disaster prevention and mitigation and other relevant laws.

Article 19. Management, use, payment, and settlement of funds

The management, use, payment, and settlement of funds for disaster prevention, mitigation, and recovery work in the road sector shall be carried out in accordance with the laws on state budget and other relevant laws.

Chapter VI

STAND-BY FOR DISASTER PREVENTION AND MITIGATION AND INSPECTION WORK

Article 20. Stand-by for disaster prevention and mitigation

1. Duty Hours:

a) The stand-by time for disaster prevention, mitigation, and recovery shall be implemented according to the working hours and rest periods prescribed for workers engaged in special tasks related to disaster prevention and mitigation;

b) Depending on the situation of disasters and holiday times, the Head of the Civil Defense Command Board or the head of the agency/unit may decide the number of people on stand-by and adjust the stand-by time in accordance with the provisions set forth in point a of this clause.

2. Stand-by personnel:

a) Leaders and assistants of the Civil Defense Command Boards at all levels;

b) Leaders and assistants of the Vietnam Highway Administration Director.

3. Duties of the stand-by shift:

a) Assist the Civil Defense Command Board leaders and heads of agencies/units in monitoring and grasping all situations related to disaster prevention, mitigation, and recovery, such as weather conditions, rain, floods, typhoons, and other natural disasters within the unit's responsibility; changes in road infrastructure and disaster prevention and mitigation infrastructure; organization of disaster prevention and mitigation forces and mobilization of resources to deal with natural disasters (including human resources, materials, equipment, and facilities);

b) Receive directives, orders, and notifications from the National Civil Defense Steering Committee and higher-level Civil Defense Command Boards to promptly inform subordinate units;

c) Advise the National Civil Defense Steering Committee and higher-level Civil Defense Command Boards on organizing disaster prevention, mitigation, response, and recovery within their jurisdiction, handling emergencies involving road infrastructure and disaster prevention and mitigation infrastructure, and mobilizing forces to support localities upon orders from higher-level Civil Defense Command Boards;

d) Summarize the situation of disaster prevention, mitigation, and recovery within their jurisdiction to report to higher-level Civil Defense Command Boards periodically and after each disaster period, or as required by the Government or the National Civil Defense Steering Committee.

Article 21. Regulations for personnel on stand-by and those mobilized for disaster prevention, mitigation, and recovery activities

1. Personnel on stand-by and those mobilized to participate in disaster prevention, mitigation, and recovery activities (at headquarters and at the scene) shall enjoy stand-by allowances, subsidies, and overtime pay as prescribed by the laws on disaster prevention and mitigation and other relevant laws.

2. Those authorized to mobilize human resources, materials, equipment, and facilities from organizations and individuals under their jurisdiction shall be responsible for paying costs to organizations and individuals participating in emergency response and search and rescue operations or compensating for losses incurred by mobilized organizations and individuals in accordance with the laws on disaster prevention and mitigation and other relevant laws.

Article 22. Provisions on Reporting System in Disaster Prevention, Mitigation, and Response

Implementation shall be carried out in accordance with the laws on disaster prevention and mitigation and the following provisions:

a) Immediate reporting: this is the reporting of disaster situation developments through direct phone calls, mobile phones, or data and image transmission via telecommunications technology for particularly serious incidents and damages to road works, road transport activities that threaten people's lives to immediately take measures to handle the situation.

b) Daily reporting via email: this is the reporting by written document sent via email or fax before 8:00 AM and before 4:00 PM every day during the disaster period to accurately grasp the situation and timely direct measures to resolve issues within their authority or propose to higher authorities.

2. Rapid reporting: this is a written report prepared immediately after the end of the disaster period and submitted to the higher-level Civil Defense Command to report on damage situations, affected conditions, handling plans, and proposals (if any).

3. Ad hoc reporting: when receiving ad hoc reporting requests from higher-level disaster prevention and mitigation agencies, the agencies and units receiving such requests must report according to the required contents and timeframes to serve disaster prevention and mitigation tasks.

4. Annual periodic reporting shall be conducted as follows:

a) Report title: annual disaster prevention and mitigation report;

b) Required report content: annual report on disaster prevention and mitigation work along with the next year's disaster prevention and mitigation plan and any recommendations or proposals (if any);

c) Reporting entity: Vietnam Highway Administration;

đ) Reporting method: the report shall be presented in either paper form or electronic form. The report shall be submitted to the receiving agency through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: annually;

g) Deadline for submitting reports: before January 15 of the following year;

h) Data verification period: from December 15 of the previous year to December 14 of the reporting year;

i) Report data form: in accordance with the model prescribed in the Appendix issued together with this Circular.

Article 23. Inspection Work on Disaster Prevention, Mitigation, and Response Activities

3. Heads of related agencies and organizations must direct the implementation of inspections and self-inspections of disaster prevention, mitigation, and response activities in accordance with assigned tasks.

Chapter VII

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Circular takes effect from January 1, 2025.

2. Abolish the following Circulars:

a) Circular No. 03/2019/TT-BGTVT dated January 11, 2019, of the Minister of Transport on disaster prevention, mitigation, and response activities in the road sector;

b) Clause 4, Article 6 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020, of the Minister of Transport amending and supplementing certain articles of Circulars on the periodic reporting system in the road sector;

c) Circular No. 43/2021/TT-BGTVT dated December 31, 2021, of the Minister of Transport amending and supplementing certain articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019, of the Minister of Transport on disaster prevention, mitigation, and response activities in the road sector;

d) Circular No. 22/2023/TT-BGTVT dated June 30, 2023, of the Minister of Transport amending and supplementing certain articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019, of the Minister of Transport on disaster prevention, mitigation, and response activities in the road sector;

d) Article 2 of Circular No. 25/2024/TT-BGTVT dated June 28, 2024, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport, guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010, issued by the Government, on the management and protection of road traffic infrastructure, and Circular No. 03/2019/TT-BGTVT dated January 11, 2019, issued by the Minister of Transport, on disaster prevention, mitigation, and recovery work in the field of roads.

3. In cases where the legal normative documents referred to in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of those amended, supplemented, or replacing documents shall apply.

Article 25. Transitional Provisions

Disaster aftermath recovery activities and traffic assurance measures that have been or are being implemented before the effective date of this Circular shall continue to be carried out in accordance with the laws applicable at the time the disaster aftermath occurred./.

ANNEX

(Issued together with Circular No. 40/2024/TT-BGTVT dated November 15, 2024, issued by the Minister of Transport, on disaster prevention, mitigation, and aftermath recovery work in the field of roads)

REPORT ON DISASTER PREVENTION AND MITIGATION WORK

REPORT ON EXPENSES FOR DISASTER AFTERMATH RECOVERY AND TRAFFIC ASSURANCE ON THE NATIONAL HIGHWAY SYSTEM
IMPLEMENTATION OF REPORTING REGIME AS PROVIDED IN CIRCULAR..., ..., (name of organization, unit), DISASTER PREVENTION AND MITIGATION WORK IS AS FOLLOWS:

Public disclosure on land

Respectfully submitted to: ...

Territorial province