Circular No. 41/2021/TT-BGTVT amending and supplementing certain Articles of Circular No. 37/2018/TT-BGTVT dated June 7, 2018, issued by the Minister of Transport on the management, operation, exploitation, and maintenance of road works.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 37/2018/TT-BGTVT DATED JUNE 7, 2018 OF THE MINISTER OF TRANSPORTATION ON MANAGEMENT, OPERATION, EXPLOITATION, AND MAINTENANCE OF ROAD CONSTRUCTION PROJECTS

BASED ON THE HIGHWAY LAWngNO. 23/2008/QH13No.BASED ON DECREE12 November 13, 2008;

CamendNO. 2/2017/NĐ-CP DATED FEBRUARY 10, 2017 OF THE GOVERNMENT ON QUALITY MANAGEMENT, CONSTRUCTION, AND MAINTENANCE OF CONSTRUCTION PROJECTS,1BASED ON DECREEamendDECREE NO. 2017/ND-CP OF THE GOVERNMENT REGULATING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCEamendNO. 32/2014/NĐ-CP DATED APRIL 22, 2014 OF THE GOVERNMENT ON MANAGEMENT, EXPLOITATION, AND MAINTENANCE OF EXPRESSWAYS,BASEDd) Circular No. 14/2016/TT-BKHĐT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of tender documents for non-consultancy services.toBASED ON DECREEof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs4. Circular No. 34/2013/TT-BGTVT dated October 15, 2013 of the Minister of the Ministry of Transport stipulating the tasks, powers, and organization of the Inspectorate of the Vietnam Maritime Administration.

WHEREAS EDUCATION APPLICATION a) Providing testimonies and expert opinions for the case for which they have been summoned; number 06/2021/NĐ-CP NO. 33/2019/NĐ-CP DATED APRIL 23, 2019 the OF THE GOVERNMENT ON MANAGEMENT, USE, AND EXPLOITATION OF ROAD INFRASTRUCTURE ASSETS, BASED ON THE MINISTRY OF TRANSPORT'S DEPARTMENT OF HIGHWAY MANAGEMENT, BASED ON THE DIRECTOR OF THE VIETNAM HIGHWAY ADMINISTRATION,

CamendTHE MINISTER OF TRANSPORTATION ISSUES THIS CIRCULARgTO AMEND AND SUPPLEMENT CERTAIN PROVISIONS OF CIRCULAR NO. 37/2018/TT-BGTVT DATED JUNE 7, 2018ON MANAGEMENT, OPERATION, EXPLOITATION, AND MAINTENANCE OF ROAD CONSTRUCTION PROJECTSARTICLE 1. AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 37/2018/TT-BGTVT DATED JUNE 7, 2018 OF THE MINISTER OF TRANSPORTATION ON MANAGEMENT, OPERATION, EXPLOITATION, AND MAINTENANCE OF ROAD CONSTRUCTION PROJECTS AS FOLLOWS:Article 4. Agencies and units with headquarters outside the reception locations specified in Clauses 2 and 3 of this Article shall proactively arrange a reception room suitable for the nature and activities of their unit.duringn lto the reportingla) AMENDING AND SUPPLEMENTING CLAUSE 1 OF ARTICLE 2 AS FOLLOWS:"1. MAINTENANCE OF ROAD CONSTRUCTION PROJECTSIS A SET OF WORKS AIMED AT ENSURING AND MAINTAINING THE NORMAL FUNCTIONING AND SAFETY OF ROAD CONSTRUCTION PROJECTS IN ACCORDANCE WITH THE DESIGN SPECIFICATIONS DURING THE EXPLOITATION PERIOD. THE CONTENT OF MAINTENANCE OF ROAD CONSTRUCTION PROJECTS MAY INCLUDE ONE OR MORE OF THE FOLLOWING WORKS: INSPECTION, MONITORING, QUALITY TESTING, MAINTENANCE, AND REPAIR OF ROAD CONSTRUCTION PROJECTS; ADDITION AND REPLACEMENT OF COMPONENTS AND EQUIPMENT TO ENSURE THE SAFE EXPLOITATION OF ROAD CONSTRUCTION PROJECTS WITHOUT INCLUDING ACTIVITIES THAT CHANGE THE FUNCTION OR SCALE OF THE PROJECT."b) ADDING CLAUSES 10 AND 11 TO ARTICLE 2 AS FOLLOWS:"10. OTHER AUXILIARY CONSTRUCTIONS AND EQUIPMENTS AS PROVIDED FOR IN CLAUSE 2 OF ARTICLE 3 OF THE HIGHWAY LAW INCLUDE: ROAD LIMIT MARKERS (ABBR. ROAD LIMIT MARKERS), LAND CLEARANCE MARKERS, BOUNDARY MARKERS OF ROAD LAND; SYSTEMS OF AUXILIARY CONSTRUCTIONS AND EQUIPMENTS (INCLUDING SOFTWARE FOR MANAGING, OPERATING, EXPLOITING, AND MAINTAINING ROAD CONSTRUCTION PROJECTS).b) ADDING CLAUSES 10 AND 11 TO ARTICLE 2 AS FOLLOWS:11. TRAFFIC MANAGEMENT AND SUPERVISION CENTERS (HEREINAFTER REFERRED TO AS ITS CENTER) INCLUDE:

a) INFORMATION COLLECTION AND DISPLAY SYSTEMS ON ROADS FOR TRAFFIC INFORMATION AND DISPLAY DATA FOR TRAFFIC CONTROL AND SIGNALING; of the Government b) DATA TRANSMISSION SYSTEM FROM ROADS TO PROCESSING SYSTEMS AND FROM PROCESSING SYSTEMS TO ELECTRONIC SIGNS;

This Circular guides on the functions, duties, powers, organizational structure, operational regulations, and relationships between Management Boards and heads of public service units and superior management agencies; standards and conditions for appointment and removal of members of Management Boards, including Chairpersons of Management Boards in public service units.inc) PROCESSING SYSTEMS INCLUDING DATA STORAGE AND PROCESSING SYSTEMS;policiesd) INFRASTRUCTURE SERVICES INCLUDING OFFICE SPACE AND NECESSARY EQUIPMENT."of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs2. AMENDING AND SUPPLEMENTING CERTAIN POINTS OF ARTICLE 3, CLAUSE 5 AS FOLLOWS:a) AMENDING POINTS b, c, AND d OF CLAUSE 5 OF ARTICLE 3 AS FOLLOWS:"b) POWER CONSTRUCTION PROJECTS AND LIGHTING SYSTEMS SHALL BE IMPLEMENTED IN ACCORDANCE WITH DECREE NO. 06/2021/NĐ-CP DATED JANUARY 26, 2021 OF THE GOVERNMENT ON QUALITY MANAGEMENT, CONSTRUCTION, AND MAINTENANCE OF CONSTRUCTION PROJECTS (HEREINAFTER REFERRED TO AS DECREE NO. 06/2021/NĐ-CP);ngc) TRAFFIC SIGNALS AND EQUIPMENT INSTALLED IN CONSTRUCTION PROJECTS SHALL BE IMPLEMENTED IN ACCORDANCE WITH DECREE NO. 06/2021/NĐ-CP AND THE MAINTENANCE PROCEDURE OF THE EQUIPMENT PROVIDER;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPd) MANAGEMENT, OPERATION, EXPLOITATION, AND MAINTENANCE OF COMPONENTS OF WEIGHT CHECK STATIONS, ROAD CHARGING STATIONS, ITS CENTERS, AND OTHER AUXILIARY ROAD CONSTRUCTION PROJECTS MUST BE SUITABLE FOR EACH TYPE AND LEVEL OF THE COMPONENT."b) ADDING POINT đ OF CLAUSE 5 OF ARTICLE 3 AS FOLLOWS:"đ) SYSTEMS OF EQUIPMENT (INCLUDING SOFTWARE) SERVING DATABASE MANAGEMENT OF ROADS, ITS CENTERS, AND DATABASES ON MAINTENANCE OF ROAD CONSTRUCTION PROJECTS AS PROVIDED FOR IN POINT a OF CLAUSE 3 OF ARTICLE 35 OF DECREE NO. 06/2021/NĐ-CP."

a) AMENDING AND SUPPLEMENTING POINTS a AND b OF CLAUSE 1 OF ARTICLE 4 AS FOLLOWS:ng"a) INSPECTION OF ROAD CONSTRUCTION PROJECTS CAN BE DONE BY VISUAL INSPECTION, REGULAR MONITORING DATA (IF AVAILABLE), OR SPECIALIZED TESTING EQUIPMENT WHEN NECESSARY;b) INSPECTION OF ROAD CONSTRUCTION PROJECTS INCLUDES INSPECTION ACCORDING TO TECHNICAL STANDARDS, APPROVED MAINTENANCE PROCEDURES; REGULAR, PERIODIC, AND SPONTANEOUS INSPECTIONS TO DETECT SIGNS OF DEGRADATION AND DAMAGE TO THE PROJECTS AND EQUIPMENT INSTALLED THEREIN AS A BASIS FOR MAINTENANCE."b) AMENDING AND SUPPLEMENTING POINT b OF CLAUSE 2 OF ARTICLE 4 AS FOLLOWS: "b) THE LIST OF ROAD CONSTRUCTION PROJECTS THAT MUST BE MONITORED DURING EXPLOITATION IS PROVIDED IN ANNEX I ATTACHED TO THIS CIRCULAR. MONITORING OF ROAD CONSTRUCTION PROJECTS AND THEIR COMPONENTS SHALL BE CONDUCTED ACCORDING TO MONITORING TASKS APPROVED BY AUTHORITIES WITH COMPETENT AUTHORITY IN ACCORDANCE WITH DECREE NO. 06/2021/NĐ-CP AND OTHER RELATED LAWS." of the Minister of Transport c) AMENDING AND SUPPLEMENTING CLAUSE 3 OF ARTICLE 4 AS FOLLOWS:"3. QUALITY TESTING OF ROAD CONSTRUCTION PROJECTS IS AN ACTIVITY OF INSPECTING, EVALUATING QUALITY, CAUSES OF DAMAGE, VALUES, SERVICE LIFE, AND OTHER TECHNICAL PARAMETERS OF CONSTRUCTION PRODUCTS, PARTS OF ROAD CONSTRUCTION PROJECTS, OR ENTIRE ROAD CONSTRUCTION PROJECTS THROUGH MONITORING, TESTING COMBINED WITH CALCULATIONS AND ANALYSIS. QUALITY TESTING OF ROAD CONSTRUCTION PROJECTS FOR MAINTENANCE SHALL BE CONDUCTED IN ACCORDANCE WITH CLAUSE 5 OF ARTICLE 33 OF DECREE NO. 06/2021/NĐ-CP."June 2024;d) AMENDING AND SUPPLEMENTING CLAUSES 4 AND 5 OF ARTICLE 4 AS FOLLOWS:n l"4. MAINTENANCE OF ROAD CONSTRUCTION PROJECTS SHALL BE CONDUCTED IN ACCORDANCE WITH DECREE NO. 06/2021/NĐ-CP, OTHER RELATED LAWS, TECHNICAL STANDARDS ISSUED BY COMPETENT STATE AUTHORITIES, AND APPROVED MAINTENANCE PROCEDURES OF THE PROJECT."ng5. REPAIR OF ROAD CONSTRUCTION PROJECTS IS THE ACTIVITY OF CORRECTING DAMAGE, DEGRADATION, AND HANDLING SIGNS OF DANGER AND UNSAFE CONDITIONS TO ENSURE AND MAINTAIN NORMAL FUNCTIONING AND SAFETY OF THE PROJECT DURING EXPLOITATION. REPAIR OF ROAD CONSTRUCTION PROJECTS INCLUDES:.

Article 1. Amend and supplement some articles of Circular No. 37/2018/TT-BGTVT dated June 7, 2018, issued by the Minister of Transport on the management, operation, exploitation, and maintenance of road construction projects as follows:

1. Amend and supplement certain clauses of Article 2 as follows:

a) Amend and supplement Clause 1 of Article 2 as follows:

"1. Maintenance of road construction projects means a set of works aimed at ensuring and maintaining the normal and safe operation of road construction projects according to the design specifications during their exploitation and use. The content of maintenance of road construction projects may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of road construction projects; supplementation and replacement of components and equipment to ensure the safe exploitation and use of road construction projects but does not include activities that change the function or scale of the project."

b) Supplement Clauses 10 and 11 to Article 2 as follows:

"10. Other auxiliary works and equipment specified in Clause 2 of Article 3 of the Road Traffic Law include: boundary markers for road safety zones (referred to as boundary markers), land clearance markers, boundary markers of road land; systems of auxiliary works and equipment (including software for managing, operating, exploiting, and maintaining road construction projects).

11. Traffic Management and Surveillance Center (hereinafter referred to as ITS Center) includes:

a) Information collection and display system on the road for traffic information and displaying data on traffic control and signaling;

b) Data transmission system from the road to the processing system and from the processing system to electronic signs;

c) Processing system including: data storage and processing system;

d) Infrastructure serving includes office buildings and necessary equipment."

2. Amend and supplement some points of Clause 5 of Article 3 as follows:

a) Amend Points b, c, and d of Clause 5 of Article 3 as follows:

"b) Power supply works and lighting systems shall be implemented in accordance with the provisions of Decree No. 06/2021/NĐ-CP dated January 26, 2021, of the Government on the management of construction quality, construction, and maintenance of construction projects (hereinafter referred to as Decree No. 06/2021/NĐ-CP);

c) Traffic signal lights and equipment installed on works shall be implemented in accordance with the provisions of Decree No. 06/2021/NĐ-CP and the maintenance procedures provided by the equipment supplier;

d) The management, operation, exploitation, and maintenance of the components of vehicle weight inspection stations, toll stations, ITS Centers, and other auxiliary road works must be appropriate to each type and level of the component works."

b) Supplement Point e to Clause 5 of Article 3 as follows:

"e) Systems of equipment (including software) serving the management of road database, ITS Center, and maintenance database of road works as stipulated in Point a of Clause 3 of Article 35 of Decree No. 06/2021/NĐ-CP."

3. Amending and supplementing some points and clauses of Article 4 as follows:

a) Amend and supplement Points a and b of Clause 1 of Article 4 as follows:

"a) Inspection of road construction projects can be done visually, based on regular monitoring data (if available) or using specialized inspection equipment when necessary;

b) Inspection of road construction projects includes inspection according to technical standards, approved maintenance procedures; regular, periodic, and spot inspections to identify signs of deterioration, damage to the works and installed equipment as a basis for maintenance of the works."

b) Amend and supplement Point b of Clause 2 of Article 4 as follows:

"b) The list of road construction projects that must be monitored during exploitation and use is prescribed in Appendix I attached to this Circular. Monitoring of road construction projects and parts thereof shall be carried out according to the monitoring tasks approved by competent authorities in the maintenance project plan in accordance with Decree No. 06/2021/NĐ-CP and relevant laws."

c) Amend and supplement Clause 3 of Article 4 as follows:

"3. Quality inspection of road construction projects is an activity to check, evaluate the quality or cause of damage, value, service life, and other technical parameters of construction products, parts of road construction projects, or road construction projects through monitoring, testing combined with calculation and analysis. Quality inspection of road construction projects for maintenance purposes shall be carried out in accordance with Clause 5 of Article 33 of Decree No. 06/2021/NĐ-CP."

d) Amend and supplement Clauses 4 and 5 of Article 4 as follows:

"4. Maintenance of road construction projects shall be carried out in accordance with the provisions of Decree No. 06/2021/NĐ-CP, other relevant laws, technical standards issued by competent state agencies, and the approved maintenance procedures of the road construction projects."

5. Repair of road construction projects includes activities to rectify damages, deterioration, and handle dangerous signs of parts and components of the works that do not ensure safety for exploitation and use, thereby ensuring and maintaining the normal and safe operation of the works during exploitation and use. Repair of road construction projects includes:

a) Periodic repairs include repairing damaged road works or components, replacing parts of the works or installed equipment due to damage, carried out periodically according to deadlines or usage frequency based on technical standards and maintenance procedures approved; repairing and addressing traffic accident black spots; repairing and supplementing road safety facilities; vehicle weight inspection stations, toll stations, ITS centers, and other auxiliary works specified in Clause 10, Article 2 of this Circular to ensure normal, safe, and effective operation and use of road works (including purchasing and replacing equipment and software when their usage period expires or they no longer meet management, maintenance, and operational requirements).

b) Emergency repairs are carried out when parts of the works or the entire work are damaged due to sudden impacts such as rain, wind, typhoons, floods, earthquakes, collisions, fires, explosions, and other sudden impacts requiring urgent repair; when parts of the works or the entire work show signs of deterioration affecting their safe use, operation, and exploitation; handling traffic accidents and black spots for traffic accidents; implementing emergency traffic measures when dealing with landslides, traffic congestion, or when restoring broken roads or collapsed works; repairing and replacing equipment, purchasing software currently in use when they are damaged, malfunctioning, or attacked by cyber means to restore the operation of the system serving management, maintenance, and exploitation of road works.

4. Amend and supplement Point d, Clause 1, Article 5 as follows:

"d) Handle within their authority or recommend competent authorities to handle organizations and individuals violating the management, exploitation, and maintenance of central road works."

5. Amend and supplement Point b, Clause 1, Article 6 as follows:

"b) The contractor providing equipment to be installed in the works shall be responsible for handing over to the project owner the maintenance procedure for the equipment provided before installation."

6. Amend and supplement Clause 1, Article 7 as follows:

"1. Content of the maintenance procedure for road works as prescribed in Clause 1, Article 31 of Decree No. 06/2021/NĐ-CP."

7. Amend and supplement Point b, Clause 1, and Point a, Clause 2, Article 8 as follows:

a) Amend and supplement Point b, Clause 1, Article 8 as follows:

"b) For cases not stipulated in Point a, Clause 1 of this Article, the project owner shall organize the establishment and approval of the maintenance procedure for the works in accordance with Point d, Clause 2, Article 31 of Decree No. 06/2021/NĐ-CP."

b) Amending and supplementing Point a Clause 2 of Article 8 as follows:

"a) For central road systems using state budget funds, the Ministry of Transport shall approve the maintenance procedures for Class I and special class works; the remaining works shall be approved by the Vietnam Highway Administration."

8. Amend and supplement Point g, Clause 2, Article 13 as follows:

"g) Documents prescribed in Points a, b, c, d, đ, and e of this Clause must be submitted to the road administration agency, the owner or manager/user of the road works, and stored on paper or in bridge management, road surface management, and road asset management systems."

9. Amend and supplement Clause 6, Article 16 as follows:

"6. Handling of works accidents during operation and use:

a) Accident level declaration, accident report, accident resolution, cause investigation, and accident file shall be carried out in accordance with Articles 43, 44, 45, 46, and 47 of Decree No. 06/2021/NĐ-CP;

b) The project owner, construction contractor, owner, manager/user of the works, road works maintenance contractor, and related organizations and individuals shall be responsible for resolving road works accidents in accordance with Article 45 of Decree No. 06/2021/NĐ-CP and implement traffic safety measures for affected works.

c) In case of accidents on central road systems, in addition to reporting the accident in accordance with Article 44 of Decree No. 06/2021/NĐ-CP, the road administration agency, the owner or manager/user of the road works, road maintenance contractor, and enterprises investing in construction and operation of road works must immediately report to the Ministry of Transport and the Vietnam Highway Administration. Reporting time and content shall comply with Clauses 1, 2, and 4 of Article 44 of Decree No. 06/2021/NĐ-CP."

10. Amend and supplement the name of Chapter 4 as follows:

"Chapter 4

OPERATION, USE, AND MAINTENANCE OF ROAD WORKS"

"Article 17. Road Works Maintenance Plan

1. The maintenance plan for road works using state budget funds includes information such as the name of the road works, list of items and components, tasks to be performed; main volume, implementation costs; time and method of implementation, and is established according to the form and documents attached as Appendix II issued together with this Circular.

Tasks in the road works maintenance plan using state budget funds include:

a) Maintenance (including electricity consumption payments, maintenance costs for lighting systems, and other auxiliary works and equipment as specified in Clause 10, Article 2 of this Circular); carry-over projects from previous years; periodic repairs, emergency repairs (including compensation costs, land clearance, demolition, disposal, and destruction of bombs, mines, and explosive materials when necessary to address black spots and potential safety risks, supplementing rescue routes and traffic safety facilities); quality testing; safety assessment; inspection; monitoring; establishing maintenance procedures and operational procedures during exploitation; setting standards in the maintenance field and other tasks as prescribed by Decree No. 06/2021/NĐ-CP and Article 4 of this Circular;

b) Price support (unincorporated into the price structure) for ferry services; repair, replacement, and supplementation of ferries, river-crossing vessels, and equipment; purchasing supplementary spare parts and equipment for ferries and river-crossing vessels.

c) Manage and operate the vehicle weight inspection system; inspect, repair, supplement, and replace equipment and means of the vehicle weight inspection scale system;

d) Purchase patrol uniforms; support inspection and supervision work on road traffic infrastructure structures and vehicle load inspections (including supporting highway inspectors); support disaster aftermath relief efforts and ensure initial traffic flow;

đ) Manage and operate systems: bridge management; survey, collect, store, and utilize road database and road traffic infrastructure structure data; establish and operate maintenance databases for construction works as stipulated in point a, Clause 3, Article 35 of Decree No. 06/2021/NĐ-CP; monitor toll collection and other road management and exploitation systems; but excluding tasks fully covered by self-funded administrative expenses of agencies and units;

e) Supplement and replace project components, equipment, and software repairs to ensure proper operation and safety of the works as stipulated in point b, Clause 3, Article 35 of Decree No. 06/2021/NĐ-CP; supplement necessary systems and equipment to effectively manage, maintain, and operate road works;

g) Directly ensure traffic flow, man checkpoints at highway exits and tunnel entrances according to maintenance procedures and operational exploitation procedures or in emergency situations requiring traffic safety assurance and congestion relief as required by road management authorities; conduct traffic safety assessments for operating road works as prescribed;

h) Purchase supplementary materials and spare equipment for disaster prevention and aftermath relief; manage, protect, and maintain warehouses storing materials and equipment for disaster prevention and aftermath relief;

i) Maintain public-private partnership (PPP) investment projects including: managing, regular maintenance, ensuring safety and preventing deterioration of the works, operating and utilizing the PPP works after receiving them from investors (including the time for confirming full ownership rights over assets); conducting inspections of PPP works before taking over as prescribed by laws on PPP investment;

k) Tasks performed by state agencies under PPP contracts to manage, operate, and maintain road works to ensure safe and smooth traffic in the following cases: when state agencies decide to stop toll collection after financial plans have been secured; when one party terminates the project contract prematurely; when investors fail to implement projects or manage and maintain works leading to traffic safety hazards;

l) Tasks to prepare annual maintenance plans and budgets for road works (including costs for road surface data survey technology systems); other tasks to enable owners or managers to organize supervision and acceptance of regular maintenance work on road works;

m) Other tasks as prescribed by law;

n) In cases of limited capital, the maintenance plan in this clause must prioritize implementing maintenance, continuation of projects carried over from the previous year, repairing essential sections to ensure the safety of works, traffic safety on roads and bridges, safety during operation and exploitation of ferry terminals, pontoon bridges, and tunnel roads; prioritizing work related to preventing collapse risks of works; supporting ferry services; addressing black spots and other necessary tasks approved by competent authorities in the maintenance plan;

2. Establish, review, approve, and adjust annual maintenance plans for road works funded by the central budget:

a) Based on the condition of road works, information about their scale and structure, repair and maintenance history, other data on road routes, road works, transportation infrastructure assets, and parts attached to such assets, technical standards, and maintenance procedures, and norms stipulated in Clause 1 of this Article, the Vietnam Highway Corporation shall submit annually to the Ministry of Transport before May 30th the management, maintenance needs, and work plans, and priority project lists for next year's investment preparation;

b) Before June 30th, the Ministry of Transport shall approve the management and maintenance needs for the following year; approve work plans and priority project lists for next year's investment preparation within the maintenance plan. Management and maintenance needs are determined according to state budget laws and prepared according to the form specified in Appendix II issued with this Circular;

c) Based on the work and project lists approved in point b of this clause, the Vietnam Highway Corporation shall be responsible for organizing the establishment, review, and approval of project plans, economic and technical reports for repair works, and budgets for other necessary tasks before October 31st. During the process of establishing, reviewing, and approving project plans or economic and technical reports for repair works, the Vietnam Highway Corporation may adjust the scope (length, route section for repair), technical solutions, and add traffic safety components, but not exceeding the approved budget for the list. In cases where structural force-bearing parts of bridge, tunnel, and ferry works need to be ensured safe, the approved budget for structural repair can be exceeded by up to 20%;

d) Based on the approved content in point c of this clause and additional necessary management and maintenance tasks outside the list stipulated in point b of this clause, the Vietnam Highway Corporation shall compile and submit to the Ministry of Transport the next year's maintenance plan before November 10th each year. Within 15 days from the date of receipt of the authorized authority's budget estimate notification, the Ministry of Transport shall review and approve the next year's maintenance plan;

Adjusting the annual maintenance plan for road works

In cases where it is necessary to supplement management, maintenance, and operation tasks for road works outside the approved maintenance plan, the Vietnam Road Administration shall submit to the Ministry of Transport for approval to prepare investment and adjust and supplement the maintenance plan to organize its implementation.

3. The maintenance plan for road works using sources other than those specified in Clauses 1 and 2 of this Article shall be implemented in accordance with Article 32 of Decree No. 06/2021/NĐ-CP and other relevant regulations.

4. The maintenance plan for road works carried out under the public-private partnership (PPP) model shall be implemented in accordance with Clause 3 of this Article and the following provisions:

a) Before December 31 of the preceding year, the project enterprise shall establish and approve the maintenance plan based on the scale, current condition, maintenance procedures, and operational procedures of the works that have been approved; submit the approved maintenance plan to the competent state agency responsible for signing the contract for supervision. Management, operation, and maintenance tasks and costs included in the annual maintenance plan shall be approved by the project enterprise in accordance with the procedures, technical standards, scale, technical condition of the works, and relevant laws.

b) In cases where it is necessary to adjust and supplement tasks, quantities, and costs for management, operation, and maintenance of road works due to force majeure events or additional maintenance work, costs, and quantities not covered in the signed project contract, the project enterprise shall request the agency responsible for signing the project contract to consider and agree to supplementary provisions in accordance with the project contract.

c) For emergencies involving road works, urgent repairs, and force majeure incidents, the project enterprise shall be responsible for implementing the relevant tasks in accordance with construction laws, disaster prevention and control laws, and the provisions of this Circular to ensure safety for people, vehicles, and construction works.

12. Amend and supplement Clause 4 of Article 18 as follows:

"4. For road works not specified in Clauses 1, 2, and 3 of this Article, the owner, manager, or user of the road works shall organize the implementation of the maintenance plan for the works they have invested in according to the law and the provisions of this Circular.

13. Amend and supplement some Points and Clauses of Article 19 as follows:

a) Amend and supplement Clause 4 of Article 19 as follows:

"4. Regular repair and emergency repair of works

a) Regular repair of road works shall be carried out in accordance with Point a, Clause 5, Article 4 of this Circular. For regular repair of road works funded by the state budget, it shall be carried out in accordance with Point a and Point b, Clause 4, Article 35 of Decree No. 06/2021/NĐ-CP;

b) Emergency repair of road works shall be carried out in accordance with Point b, Clause 5, Article 4 of this Circular. For emergency repair of central road systems funded by the state budget (except for cases specified in Point c of this Clause), it shall be carried out as follows:

The Vietnam Road Administration shall decide and organize the implementation of emergency repair works valued from VND 500 million to VND 5 billion; the Road Management Bureau and the road management agencies directly managing national highways shall decide and organize the implementation of emergency repair works valued less than VND 500 million. In cases where emergency repair works exceed VND 5 billion, the Vietnam Road Administration shall report to the Ministry of Transport for consideration and decision.

The agency deciding on emergency repair works at this point shall be responsible within its authority for the decision-making, organization of implementation, use of funds, implementation methods, and completion of documentation for emergency repairs; the Vietnam Road Administration shall review and compile monthly results and submit them to the Ministry of Transport.

c) For urgent construction projects and disaster aftermath relief for road works, they shall be carried out in accordance with the regulations of the Minister of Transport on disaster prevention, control, and aftermath relief in the field of roads; for handling black spots in traffic accidents, they shall be carried out in accordance with the regulations of the Minister of Transport on handling dangerous locations on operating roads. The Vietnam Road Administration shall be responsible for the use of funds, implementation methods, and completion of documentation in accordance with the regulations.

d) The Vietnam Road Administration shall be responsible for compiling and submitting to the Ministry of Transport for approval or adjustment of the maintenance plan for the cases specified in Points b and c of this Clause.

14. Add Article 19a as follows:

"Article 19a. Safety Evaluation of Road Construction Projects

1. The procedures and contents for safety evaluation of road construction projects shall be carried out in accordance with the provisions of Articles 36 and 37 of Decree No. 06/2021/NĐ-CP. For the assessment of the working capacity of load-bearing structures and parts of road construction projects that pose a risk to safety, it shall be conducted through inspection work and other tasks stipulated in Articles 4 and 5 of Decree No. 06/2021/NĐ-CP; for the inspection and evaluation of operational conditions of road construction projects, it shall be carried out in accordance with the provisions of Clause 2 of Article 37 of Decree No. 06/2021/NĐ-CP.

2. Responsibilities for conducting and confirming the results of safety evaluations of road construction projects

a) Responsibility for organizing the implementation of safety evaluations of road construction projects in accordance with the provisions of Article 38 of Decree No. 06/2021/NĐ-CP;

b) Confirmation of the results of safety evaluations of road construction projects shall be carried out in accordance with the provisions of Article 39 of Decree No. 06/2021/NĐ-CP.

3. Organizations qualified to conduct safety evaluations of road construction projects are inspection organizations meeting the qualification requirements under the laws on construction. For ferries, vessels, and river-crossing equipment, organizations qualified to conduct safety evaluations must comply with the laws on inspection of means of transport; for fire safety assessments, organizations must meet the requirements set forth in the laws on fire prevention and fighting.

4. The time limit for safety evaluations of construction projects shall be carried out in accordance with the provisions of the law, technical standards and regulations issued by competent state agencies; maintenance procedures, operation and exploitation procedures approved for the project; requirements of the owner or manager of the project, or the manufacturer's specifications for equipment installed in the project.

5. A list of road construction projects that must be reviewed and opinions on the results of safety evaluations of such projects shall be provided in Appendix VI attached to this Circular.

15. Amend and supplement some points and clauses of Article 20 as follows:

a) Amend and supplement point c clause 1 of Article 20 as follows:

"c) Management of the quality of maintenance of road construction projects shall be carried out in accordance with the provisions of the Construction Law, the laws on quality management, construction and maintenance of construction projects, the laws on technical standards and regulations, and other relevant laws."

b) Amend and supplement clauses 3 and 4 of Article 20 as follows:

"3. Warranty period for repair works of road construction projects shall be carried out in accordance with the laws on quality management, construction and maintenance of construction projects.

4. In cases where road construction projects require monitoring or quality inspection, they must be implemented in accordance with the provisions of Clause 6 of Article 34 of Decree No. 06/2021/NĐ-CP and the provisions of this Circular."

16. Amend and supplement some points b clause 1 of Article 22 as follows:

"b) Coordinate with local authorities and implement the tasks prescribed in Article 40 of Decree No. 06/2021/NĐ-CP and point a of this clause."

17. Amend and supplement clause 1 of Article 26 as follows:

"1. Sources of funds for managing, operating, and maintaining road construction projects shall be in accordance with the laws on state budget, Clause 2 of Article 35 of Decree No. 06/2021/NĐ-CP, and other relevant laws."

18. Amend and supplement Article 27 as follows:

"Article 27. Costs for Managing, Operating, and Maintaining Road Construction Projects

1. Costs for managing, operating, and maintaining road construction projects include all expenses for implementing maintenance plans approved and additional necessary adjustments outside the maintenance plan as stipulated in this Circular and relevant laws.

2. Expenses for maintenance, management, and operation of construction projects, including the cost of preparing project estimates, consist of direct costs for managing, maintaining, and operating the project and expenses for the following tasks:

a) Consulting fees for road construction project maintenance services as prescribed: surveying for design, project preparation, or economic and technical reports for repairing the project; preparing, reviewing technical designs, construction drawings for repairs; preparing budgets for maintenance activities; preparing tender documents, request documents, and evaluating tender and proposal documents to select contractors; supervising surveys, construction supervision, replacement of equipment; preparing, reviewing (if there is no maintenance procedure) or adjusting maintenance procedures, operation procedures; inspecting the quality of the project for maintenance purposes; monitoring road construction projects as prescribed; emergency inspections as required (if any); assessing the safety of the project during operation; performing other consulting tasks as prescribed by law;

b) Project management costs for repairs as prescribed by the laws on construction;

c) Other costs include expenses for implementing the maintenance process of construction projects such as auditing, approval of final accounts; insurance for the project; appraisal fees (if any) and other related costs as prescribed by the laws on construction, pricing laws, and other relevant laws;

d) Management costs of the owner or manager of the project.

3. Costs for managing, operating, and maintaining road construction projects shall be determined according to the provisions of Article 35 of Decree No. 06/2021/NĐ-CP, the laws on construction, and other relevant laws.

Costs for managing, maintaining, and operating state-funded road construction projects, including non-budget state funds and projects invested under the PPP model, shall be carried out in accordance with the laws on quality management, construction, and maintenance of construction projects, laws on construction project costs, pricing laws, planning, ordering, bidding for public goods and services, and other relevant laws.

4. Costs for managing, maintaining, and operating road construction projects can be determined using the following methods to suitably determine various types of costs.

a) As for the costs of the project, the economic and technical report on repairing works, consulting services, project management, inspection, monitoring, safety assessment of construction works, and other works with investment and construction characteristics, they shall be implemented in accordance with the provisions of the Construction Law and other relevant laws;

b) As for the management and regular maintenance work using the central budget that adopts tendering or ordering methods, they shall be carried out in accordance with the regulations of the Minister of Transport guiding the method of establishing pricing schemes, managing public service prices for infrastructure management and maintenance of road transport and ferry operation services on national highways using the recurrent budget funds of the central government when implementing the ordering method;

c) As for the management and regular maintenance work at PPP projects, and management and regular maintenance work using local government budgets and other sources of funding, they shall be carried out in accordance with the provisions of the law and the provisions set forth in point b of this clause to implement;

d) In the stage of preparing feasibility study reports for investment projects under the PPP model to select investors, costs for management, maintenance, and operation can be determined based on data on costs for management, maintenance, and operation of similar works that have been or are being implemented. If this method is used, the costs for management, operation, and maintenance of the work will be determined based on the scale, capacity, or service capability of the work or structural part under consideration, and data on costs for management, maintenance, and operation of similar works that have been or are being implemented with the same type, level, scale, capacity, or service capability to determine management, maintenance, and operation costs. When using these data, conversion and calculation must be performed regarding the time of cost preparation, the construction site, and adjustments and supplements to other costs if necessary to suit the specific conditions of the project and the work;

e) In cases where it is necessary to determine management, operation, and maintenance costs for bidding to select investors when the work does not have technical design, construction drawing design, has not established maintenance procedures, operation procedures, and lacks data on management, maintenance, and operation costs of similar works to determine costs according to the provisions of points a, b, and d of this clause, then the approved investment project shall be used to prepare technical guidance for operation and maintenance of the work. Based on this technical guidance, the basic design of the project, the type of equipment technology for operation and maintenance of the work, wear and tear rates, and the lifespan of equipment and work components, the volume of work to be carried out, quantities, volumes, and timing for replacement and maintenance of various types of equipment and work components during the operation and maintenance phase of the work will be determined as the basis for determining management, operation, and maintenance costs of the work in accordance with the guidelines set forth in Appendix V issued together with this Circular;

5. The contingency costs due to price escalation during the operation and maintenance phase shall be determined in accordance with the Construction Project Cost Management Law and related laws;

6. Regular maintenance work on the project during the warranty period as prescribed shall not include repair and replacement costs for damaged equipment due to defects and within the responsibility of the construction contractor and the equipment supply and installation contractor. During the implementation of the project to repair the work, regular maintenance costs shall not be included if such tasks are already included in the repair work or if certain parts do not require maintenance during the repair period.

Article 2. Supplement, revoke, and replace some Articles, Clauses, Points, and Appendices of Circular No. 37/2018/TT-BGTVT dated June 7, 2018, issued by the Minister of Transport regarding the management, operation, exploitation, and maintenance of road works as follows:

1. Revoke Point c Clause 1, Article 5, Article 23, and Article 24.

2. Replace Appendices I, II, IV, and V with Appendices I, II, III, and IV promulgated together with this Circular.

3. Supplement Appendix VI with Appendix V promulgated together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from February 15, 2022.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, the provisions of those amended, supplemented, or replaced documents shall be applied.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Highway Administration, Directors of Provincial Departments of Transport and Construction, Directors of Municipal Departments of Transport and Construction under the central government, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.