Decision No. 4213/2001/QĐ-BGTVT On the issuance of "Regulations on Construction of Works on Operational Roadways"

Pursuant to …;

Regarding the issuance of "Regulations on Construction of Works on Operational Roadways"

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THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

At the proposal of the Heads of the Legal Affairs Department, the Transport Department, the Science and Technology Department, and the Director of the Vietnam Highway Administration,

Pursuant to …;

Article 1. Now hereby promulgates with this Decision "Regulations on Construction of Works on Operational Roadways".

Article 2. This Decision takes effect from January 1, 2002 and replaces Decision No. 1329/QD dated June 3, 1975 and Decision No. 2923QĐ/ĐB dated November 2, 1996 of the Minister of Transport.

Article 3. The following officials are responsible for implementing this Decision: the Head of the Ministry's Office, the Heads of the Legal Affairs Department, the Science and Technology Department, the Director of the Vietnam Highway Administration, the Director of the Quality Control and Supervision Bureau, and the Heads of related agencies and units.

REGULATIONS

CONSTRUCTION OF WORKS ON OPERATIONAL ROADWAYS

(Issued together with Decision No. 4213/2001/QĐ-BGTVT

dated December 10, 2001)

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This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1.1. Organizations and individuals when constructing, repairing, upgrading, renovating, and building new works within the scope of land of roadways, safety zones of roadways, above-ground areas, underground areas, and underwater areas related to the safety of works and road traffic safety must comply with the contents of these Regulations to ensure the safety, smoothness, and continuity of people and vehicles traveling; the operational roadway works remain durable and meet environmental standards.

1.2. Prior to making investment decisions, organizations and individuals must obtain written agreement from the competent road administration authority regarding issues related to the safety of road traffic works, safety zones of road traffic, and road development planning.

II. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS CONDUCTING CONSTRUCTION

A. BEFORE CONSTRUCTION

1. Organizations and individuals conducting construction on operational roadways must obtain agreement from the competent road administration authority regarding the construction period (including start time and end time) and measures to ensure road traffic safety throughout the construction period.

2. For construction on roadway land:

2.1. Must have a construction permit from the competent road administration authority and a site handover record for construction;

2.2. If the work affects the operation safety of the roadway, the technical design and construction design documents must be approved or agreed upon by the competent authority of the transport sector according to the分级要求的回答已提供。

3. Organizations and individuals who have been granted permission to construct must go to the road management unit to receive the handover of the construction site and proceed with subsequent steps. From the day of receiving the handover of the construction site, organizations and individuals constructing must be responsible for managing and ensuring smooth and safe traffic.

4. Organizations and individuals managing the roads, when carrying out regular management and maintenance work on the roads, do not need to apply for a construction permit but must take measures to ensure traffic safety throughout the implementation process.

B. DURING CONSTRUCTION

1. Throughout the construction period, organizations and individuals must implement the construction plan, methods, and time agreed upon; they must ensure safe and smooth traffic according to regulations and may not cause damage to existing road works, while bearing responsibility for traffic safety consequences caused during construction.

Organizations and individuals must be responsible for inspections and checks by the road management agency and the Road Transport Inspectorate regarding the implementation of traffic safety regulations during construction as stipulated in the permit and the law.

2. Detour routes, temporary bridges, and safety signaling systems must be completed before commencing the main construction project.

3. During the entire construction period, there must be personnel guiding traffic; when construction stops, safety signals such as directional signs, flags, and red lights at night must be provided.

4. There must be signs at both ends of the construction section indicating the name of the construction organization and the construction mileage. The supervisor must wear identification, and workers on the road must wear protective clothing as prescribed.

5. Construction machinery on the road must be equipped with complete safety devices and painted as required.

6. Outside working hours, construction machinery must be parked in a designated area. In cases where there is no designated area, it must be placed close to the roadside where it can easily be noticed and marked accordingly.

Damaged construction machinery must be moved to the side of the road and marked according to regulations.

7. When performing construction work on the roadbed, road surface, or bridge deck, a portion of the roadbed, road surface, or bridge deck must be reserved for vehicles and pedestrians to pass through.

7.1. For road surfaces and bridge decks that are three lanes wide or less, at least one lane must be reserved.

7.2. For road surfaces and bridge decks wider than three lanes, at least two lanes must be reserved.

7.3. If it is not possible to reserve a width sufficient for one lane, a detour route must be constructed.

7.4. If excavation is carried out to widen the roadbed, it must be done on one side, and backfilled immediately as excavation progresses. For weak soil conditions or rainy weather, supervisory consultants must assess and resolve issues to ensure traffic safety.

7.5. When constructing foundations and road surfaces: the length of the construction frontage must not exceed 300 meters, and construction fronts must be at least 500 meters apart. During the rainy season, the road surface layer must be completed to prevent materials from washing away and damaging people's property and causing environmental pollution.

7.6. When constructing culverts, only half the length of the culvert may be worked on at a time, and the construction period must not exceed one month. Obstacles must be securely placed and positioned 30 meters away from each side along the direction of the road.

7.7. When constructing on city streets, the construction plan and schedule must be appropriate to the characteristics of each street to avoid traffic congestion.

8. Construction materials may only be brought onto the road in quantities sufficient for two to three construction sections, and the length of material placement must not exceed 300 meters. Materials must be placed on one side of the road and not parallel on both sides to narrow the roadbed and surface. It is strictly prohibited to scatter materials that obstruct traffic and endanger traffic safety.

Before the rainy season, all construction materials on the road must be cleared completely.

9. Strictly prohibit burning plastic on roads in residential areas, causing materials to flow onto the road surface, leading to slippery conditions, traffic safety hazards, and environmental pollution.

10. In cases where blasting operations are conducted during construction, they must comply with legal regulations. Each blasting session (including cleanup of debris) shall not exceed one hour. Blasting times should be scheduled during off-peak hours.

11. When cutting roadside trees, warning signs and guards must be set up on both sides; trees must not fall into the roadbed obstructing traffic. If it is necessary for trees to fall within the roadbed, they must be quickly moved to the roadside. When cutting trees at any part of the road, roots must be removed and the original condition of that part of the road restored. Strictly prohibit throwing objects from heights onto the road surface.

12. For bridge, retaining wall, and underground road construction where traffic continues while work is ongoing, the following measures must be implemented: posting narrow road warning signs, speed limit signs, construction site signs; organizing traffic control and having personnel manage traffic 24 hours a day; construction materials and equipment must be neatly stored within the barrier separating the construction area from the traffic lane; electrical and water systems serving construction must be regularly inspected to prevent accidents.

If it is impossible to ensure traffic flow while construction is ongoing, an alternative route must be established.

13. When repairing or expanding access roads to ferry terminals or pontoon bridges, half the width of the road must be repaired, the remaining portion must be at least 4 meters wide for access to pontoon bridges and at least 6 meters wide for ferries, and sufficient safety equipment must be provided. If the minimum width cannot be maintained and vehicle access to ferries or pontoon bridges is deemed unsafe, temporary terminals must be constructed.

14. In cases of salvage operations for sunken pontoons or ferries, including clearing obstructions from under bridges, adequate river markers and signals must be in place, and channels for pontoon bridges and ferries must be cleared to ensure normal operation without disrupting waterway traffic.

C. COMPLETION OF CONSTRUCTION

1. After completing a section of road not exceeding 1 km or one bridge or culvert, the construction organization or individual must clear all obstacles to ensure safe and unobstructed traffic.

Before handing over the project, all surplus materials must be removed, machinery relocated, obstacles cleared, and road damage caused by construction repaired. If the construction organization or individual fails to complete these tasks fully, the highway management unit will refuse to accept the handover.

2. The construction organization or individual must return the site to the highway management unit according to the provisions of Point 3, Section A, Part II of this Regulation.

III. RESPONSIBILITIES OF HIGHWAY MANAGEMENT AUTHORITIES

1. Conditions for issuing construction permits: organizations or individuals must have an Investment Decision from the competent authority, related decisions concerning the use of operational highways, and approved documentation in accordance with the Construction Management Regulations.

2. Classification of construction permit issuance:

2.1. For National Highways:

- Vietnam Highway Administration for projects of Groups A and B in the transportation sector or Groups A, B, and C in other sectors.

- Highway Management Zones, Departments of Transportation, and Departments of Transport Infrastructure for projects of Group C or those not requiring project establishment in other sectors.

2.2. For local road systems: determined by the Provincial People's Committee.

3. Procedures for issuing construction permits include:

3.1. Application for construction permit from the construction organization or individual.

3.2. Technical design and construction organization documents approved by the competent authority.

3.3. Construction contracts.

3.4. Unified documents regarding construction plans, methods, and schedules between the project owner, construction entity, and competent highway management authority.

4. Competent highway management authorities shall examine and issue construction permits within ten days of receiving complete and valid application documents.

5. Highway management units and Road Traffic Inspectors within their scope of duties are responsible for inspecting and supervising organizations and individuals throughout the construction period.

If construction organizations or individuals violate the provisions in the construction permit or traffic laws, the highway management authority or Road Traffic Inspector shall prepare a record and handle the matter according to the law. If there is a repeat violation, the highway management authority or Road Traffic Inspector may suspend construction, revoke the construction permit, and report to the higher-level highway management authority within 24 hours for further action. Any delays and associated costs resulting from suspension of construction are the responsibility of the construction organization or individual.

6. The highway management unit is responsible for accepting and managing the project in accordance with regulations.