Circular No. 43/2021/TT-BGTVT amending and supplementing certain provisions of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 issued by the Minister of Transport on flood prevention, control, and aftermath mitigation in the road sector.

Circular

Amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on flood control, prevention, and mitigation of natural disaster consequences in the road sector stipulating onon traffic management roadprevention, prevention, and mitigation of natural disaster consequences in the road sector

_______________

Pursuant to the Law oftraffic law on road transport dated November 13, 2008;

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 Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation for emergency response to natural disasters and search and rescue;

Pursuant to Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing 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. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Road Traffic Safety and the General Director of the Vietnam Highway Administration;

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on work related to prevention, control, and mitigation of consequences of natural disasters in the field of road transport.

Article 1. Amending and supplementing some articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport stipulating onon traffic management roadprevention, prevention, and mitigation of natural disaster consequences in the road sector

1. Supplement Clause 2a following Clause 2 of Article 3 as follows:

“2a. Emergency situation regarding natural disasters in the field of road transport means situations where natural disasters have occurred or are occurring, affecting or posing a direct threat to the safety of human lives, vehicles participating in road traffic, and road transport infrastructure, requiring immediate deployment of emergency measures to promptly prevent and mitigate consequences, announced by the competent authority.”

2. Amend Clause 3 of Article 3 as follows:

“3. The road transport management agencyis the Vietnam Highway Administration, the Road Transport Management Bureau; the specialized agency under the provincial People's Committee responsible for transportation (hereinafter referred to as the Provincial Department of Transportation), the district-level People's Committee, and the commune-level People's Committee.”

3. Amend the title and Clause 1 of Article 4 as follows:

a) Amend the title of Article 4 as follows:

“Article 4. Principles of operation for prevention, control, and mitigation of consequences of accidents and natural disasters and rescue operations in the field of road transport”;

b) Amend Clause 1 of Article 4 as follows:

“1. Adhering to basic principles in the operation of natural disaster prevention and rescue as stipulated in Article 4 of the Law on Natural Disaster Prevention and Control and Article 4 of Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation for emergency response to accidents, natural disasters, and search and rescue.”

4. Amend Clause 1 of Article 9 as follows:

“1. Based on weather forecasts and warnings of natural disasters, directives from higher authorities, the Vietnam Highway Administration (for the national highway system), the Provincial Department of Transportation (for local road systems; sections of national highways assigned for management), within their functional and assigned tasks, shall direct and command the implementation of emergency response measures to accidents, natural disasters, and search and rescue operations in the field of road transport.”

5. Supplement Article 9a following Article 9 as follows:

“Article 9a. Announcement of emergency situation decision and termination of emergency situation regarding natural disasters

1. Decision-making authority

a) The Minister of Transport decides to announce and terminate the emergency situation regarding natural disasters for the national highway system and expressways; the Provincial Natural Disaster Prevention and Search and Rescue Command or the specialized agency under the Ministry of Transport advises the Minister of Transport to decide on announcing the emergency situation regarding natural disasters;

b) The Chairman of the Provincial People's Committee decides to announce and terminate the emergency situation regarding natural disasters for local road systems; the Provincial Natural Disaster Prevention and Search and Rescue Command or the specialized agency for road transport under the Provincial People's Committee advises the Chairman of the Provincial People's Committee to decide on announcing the emergency situation regarding natural disasters.

2. Content of the announcement of the emergency situation regarding natural disasters

a) Start time, development, and scope of impact of natural disasters or accidents; damage to road transport infrastructure caused by natural disasters; degree of damage to facilities; potential losses or risks that may occur;

b) Immediate emergency measures needed to respond and mitigate consequences to minimize losses caused by natural disasters or accidents;

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

3. Announcement of termination of the emergency situation regarding natural disasters

Based on the development of natural disasters or results of accident mitigation, the advisory body at the authority specified in Clause 1 of this Article shall issue a decision to announce the termination of the emergency situation regarding natural disasters.”

6. Amend Article 11 as follows:

“Article 11. Activities to mitigate the consequences of natural disasters, ensuring traffic

1. Searching for and rescuing victims; searching for and rescuing state-owned and people's property submerged or buried due to natural disasters.

2. Participating in relief efforts and stabilizing the lives of people in areas affected by natural disasters or isolated by road traffic due to natural disasters.

3. Constructing emergency projects to mitigate the consequences of natural disasters and ensure road traffic.

4. Repairing and restoring the operation of construction equipment belonging to public assets.

5. Implementing environmental sanitation measures and disease prevention in areas affected by accidents and natural disasters.”.

"7. Add Article 11a after Article 11 as follows:"

“Article 11a. Construction of emergency works to mitigate the consequences of natural disasters

1. Construction of emergency works shall be carried out promptly to mitigate the consequences of natural disasters, gradually ensuring safe and smooth road traffic according to Article 12 of this Circular. Emergency construction works must be implemented based on the Emergency Construction Order issued by the competent authority.

2. Authority to decide on the Emergency Construction Order:

a) The Director of the Vietnam Highway Administration decides for the national highway system and expressways under the management and maintenance responsibility of the Ministry of Transport (except in cases stipulated in points c and d of this clause); the Steering Committee for Natural Disaster Prevention and Control or specialized agencies under the Vietnam Highway Administration advise the Director of the Vietnam Highway Administration to issue the Emergency Construction Order;

b) The Chairperson of People's Committees at all levels decides for local road systems within their jurisdiction;

c) The head of the specialized agency for construction under the Ministry of Transport decides for new road construction projects, renovation, and upgrading projects where the Ministry of Transport is the investor and the project owner;

d) The head of the Central Agency representing the owner decides for road construction projects managed by enterprises entrusted by the State to invest, manage, and operate such projects.

3. The Emergency Construction Order shall include the following main contents:

a) Purpose of construction and location of construction;

b) Person assigned to manage and implement the construction work;

c) Implementation of construction works to mitigate the consequences of natural disasters and ensure traffic according to the provisions of Article 13 of this Circular (for operational road projects). Measures to mitigate the consequences of natural disasters according to laws on construction and natural disaster prevention and control (for new road investment and construction projects or upgrading and renovation projects);

d) Duration of construction;

đ) Estimated costs, resources for implementation, and other necessary requirements.

4. The person assigned to manage and implement the construction work may independently decide on all matters related to the construction of emergency works, including:

a) Assigning organizations or individuals to carry out surveying, designing, supervising, constructing, and other necessary tasks to serve the construction of emergency works;

b) After completing the construction of emergency works, preparing and submitting the completion dossier for approval according to the provisions of Article 14 of this Circular."

8. Amend Clause 3 and add Clauses 4, 5, and 6 to Article 12 as follows:

"3. Mitigation of the consequences of natural disasters and assurance of traffic during the construction phase for new road investment and construction projects or upgrading and renovation projects

a) On the assigned route or section of the road for the project, the Project Owner or Investor is responsible for repairing damages and mitigating the consequences of natural disasters affecting the entire road infrastructure and the road safety zone (including components that are not part of the project);

b) When there is damage caused by natural disasters, the Project Owner or Investor shall notify the local authorities or the County Steering Committee for Natural Disaster Prevention and Control and relevant agencies to inspect the site, determine the extent of damage, and organize measures to address and mitigate the damage according to construction laws, natural disaster prevention and control laws, and this Circular;

c) In case of significant damage or damage to components that are not part of the project, the Project Owner or Investor shall report the extent and estimated cost of damage caused by natural disasters to the investment decision-maker or competent state agency for consideration and decision.

4. Mitigation of the consequences of natural disasters and assurance of traffic during the construction phase for road maintenance projects

a) Within the scope of assigned construction, the contractor shall notify the Project Owner or Investor, insurance companies, local authorities, or the County Steering Committee for Natural Disaster Prevention and Control, and relevant agencies to inspect the site, determine the extent of damage caused by natural disasters, and develop a remediation plan as the basis for insurance compensation (if insurance is purchased);

b) If no insurance is purchased or if the damage exceeds the insurance coverage, the Project Owner or Investor shall report the extent and estimated cost of damage caused by natural disasters to the investment decision-maker or competent state agency for consideration and decision;

c) If damage occurs to transportation infrastructure within the assigned construction scope but the damaged component is not part of the project or ongoing construction, the Road Management Agency and the Contractor responsible for regular maintenance and operation of the road infrastructure shall be responsible for implementing according to Articles 13 and 14 of this Circular.

5. Mitigation of the consequences of natural disasters and assurance of traffic for road projects handed over for operation and use and still within the warranty period

a) For transportation infrastructure components not part of the handed-over project that were damaged when natural disasters occurred, the Road Management Agency and the Contractor responsible for regular maintenance and operation of the road infrastructure shall be responsible for implementing according to Articles 13 and 14 of this Circular;

b) For transportation infrastructure components that are part of the project and were damaged when natural disasters occurred, the Road Management Agency shall notify the Project Owner and relevant units to immediately be present at the site, cooperate to determine the cause and responsibility for repairs; if consensus cannot be reached on the cause and responsibility for repairs, the Project Owner shall be responsible for organizing an investigation to determine the cause and responsibility for repairs and mitigation."

In case the cause of damage is due to natural disasters, the Road Management Authority and the Contractor responsible for regular maintenance and operation of road works shall implement according to the provisions of Article 13 and Article 14 of this Circular; in case the cause of damage is attributed to the quality of the project within the warranty responsibility, the Project Investor shall immediately organize repairs and remediation of damages and bear legal responsibility for not repairing or repairing damages that do not meet quality standards causing traffic safety issues.

6. Remedying the consequences of natural disasters and ensuring traffic for public-private partnership (PPP) highway projects during the warranty period

a) For transportation infrastructure that is not part of the project and is damaged when a natural disaster occurs, the Investor and the PPP Project Enterprise shall be responsible for immediately remedying and repairing the damages according to the provisions of Article 13 and Article 14 of this Circular;

b) For transportation infrastructure that is part of the project and is damaged when a natural disaster occurs, the Investor and the PPP Project Enterprise shall notify the Road Management Authority to immediately appear at the scene, cooperate in determining the cause of the damage; if there is no agreement on the cause of the damage, the Investor and the PPP Project Enterprise shall be responsible for organizing an appraisal of the cause of the damage to determine the source of funds for repair and remediation of the damage;

In case the cause of damage is due to natural disasters, the Investor and the PPP Project Enterprise shall implement according to the provisions of Article 13 and Article 14 of this Circular; in case the cause of damage is attributed to the quality of the project within the warranty responsibility, the Investor and the PPP Project Enterprise shall be responsible for immediately organizing repairs and remediation of damages and bear legal responsibility for not repairing or repairing damages that do not meet quality standards causing traffic safety issues.”

9. Amend Article 13 as follows:

“Article 13. Construction items for remedying the consequences of natural disasters and ensuring traffic phase 1

1. Remediation and handling of traffic congestion

Immediately after the competent authority announces an emergency situation regarding natural disasters, within the scope of their assigned responsibilities, the Road Management Authority; the Project Management Board; the Investor; the Contractor responsible for regular maintenance and operation of road works; the Project Construction Contractor; the Enterprise investing in construction and management of road works must proactively implement the following tasks:

a) When natural disasters cause damage interrupting road traffic: set up ropes, barriers, and warning signs at both ends of the affected section; promptly clear and level at least one lane to ensure safe passage; sections with severe damage must be fenced off, guarded, and traffic controlled, with diversion measures organized to ensure traffic flow and announcements made through mass media; in cases of significant water depth and strong current flow, markers, buoys, and water level indicators must be installed, combined with local authorities setting up barriers, diverting traffic, or prohibiting passage, and issuing other warnings as necessary;

b) Fallen power poles, trees, landslides on the embankment width remaining ≤ 3m; landslides of soil and rocks from the embankment slope onto the roadbed and surface, each location not exceeding 100m³; mud, soil, rocks, debris blocking drainage systems causing obstruction to culvert and underbridge flow: concentrate on clearing and dredging the culverts and ditches; temporarily fill in the ditch or cut into the embankment slope to achieve a minimum road width of ≥ 4m for temporary passage, then complete the work to restore normal traffic flow;

c) Traffic signal and safety facilities damaged: immediately restore, replace, and supplement traffic safety facilities to guide and ensure smooth and safe traffic flow;

d) Landslide covering the entire roadbed and surface: set up temporary warning signs at both ends of the affected section, organize traffic diversion to ensure traffic flow, and immediately clear the landslide to restore traffic.

2. Minor and medium-sized damage cases

a) Local subsidence, potholes, loose patches, erosion of shoulders on the road surface; damage to the road surface caused by high tides; subsidence and erosion of rescue lanes and pits: leveling and ensuring smoothness, supplemented with temporary warning signs; after weather permits, repair using suitable materials or restore the original structure or equivalent structure and traffic safety facilities to ensure traffic safety, structural safety, and operational conditions;

b) For small bridges (including erosion of the four cones, footings, approach slabs, abutments, energy dissipation basins) causing traffic and structural safety issues: repair the damage using concrete or reinforced concrete or rock-filled steel cage revetments to ensure structural safety;

c) For culverts (including erosion upstream and downstream, wing walls, energy dissipation basins): repair the damage using concrete or reinforced concrete, combined with rock-filled steel cage revetments, to ensure drainage;

d) Drainage system (including longitudinal ditches, crown ditches, steps, ditches) eroded, peeled off, locally flooded: dredge and clear mud, soil, and rocks to ensure drainage; reinforce or replace damaged ditches or install new ones to direct water elsewhere to ensure drainage;

đ) Overflow and underground structures (including erosion of surfaces, embankments, energy dissipation basins upstream and downstream; damage to warning signals, markers, water level indicators): repair the damage using concrete or reinforced concrete or rock-filled steel cage revetments or restore to the original structure or equivalent structure;

e) Auxiliary facilities such as sheds, office buildings, road management offices, storage areas, workshops, material storage warehouses that have collapsed or been damaged: restore, replace, and supplement auxiliary facilities to ensure standard technical conditions for operation.

3. Major damage cases

a) Landslides on the embankment slope with potential for continued sliding and movement: carry out partial or full load reduction by cutting the slide path, or establish a temporary bypass route (for locations without alternative routes).

b) In case a positive slope shows signs of rock cracking, falling rocks, rolling rocks into the roadbed with a high risk of continued falling and sliding, posing a significant traffic safety hazard: handle by excavating and removing unstable rock slabs, or reducing the load on the positive slope (using manual methods, or a combination of manual labor and explosives, or using blasting methods) when the terrain is complex; depending on the terrain and rock structure, apply steel mesh anchored into the positive slope face; based on the terrain at the base of the positive slope, arrange rock gabions to prevent soil and rock from falling onto the road surface, ensuring traffic safety.

c) For subsidence and collapse of negative slopes that intrude into the road surface, posing a risk of road interruption: depending on the terrain and geological conditions, use steel H-piles to create retaining walls against subsidence, combined with rock gabions or reinforced concrete retaining walls, or open a new road towards the positive slope (if feasible according to the terrain); or use appropriate repair and maintenance solutions with materials suitable for the actual conditions of the area.

d) For subsidence and collapse of negative slopes along rivers, streams, canals, coastlines, posing a risk of sinking and intrusion into the road foundation: adjust the alignment towards the positive slope, or widen the road inward, or arrange rock gabions, or use steel H-piles or (sheet piles) to create retaining walls against subsidence, or reinforced concrete retaining walls; or use appropriate repair and maintenance solutions with materials suitable for the actual conditions of the terrain, ensuring quick and effective results. For cases where rivers, streams change course and flow directly into the negative slope: adjust the water flow and reinforce the negative slope to suit the terrain.

đ) For the collapse or damage of small bridges, posing a traffic safety hazard: implement temporary measures such as installing ropes, barriers, temporary warning signs, and traffic diversion; repair, strengthen, or construct a temporary detour to allow partial traffic flow, or build a temporary bridge to restore mainline traffic.

e) For damaged, broken, or sunken culverts, with inadequate drainage capacity: repair the damage or replace and supplement the culvert, ensuring quick and effective results.

g) On sections of road showing cracks, heaving asphalt, longitudinal or transverse streaks of asphalt, rutting; cracked or broken pavement; sections frequently flooded: level and ensure smoothness, combined with temporary warning signs and other necessary signs; immediately restore the original structure or equivalent structure after weather permits, to ensure traffic safety and structural safety consistent with operational conditions.

h) For floating systems, pontoon bridges, boats, ferries (including damaged signaling systems; construction accidents, sunken vessels, drifting): implement repairs or produce and install additional signaling to ensure safe operation of vessels on the route; implement control measures to ensure traffic safety and prevent drifting, organizing salvage operations for obstacles caused by sunken vessels; repair damaged vessels.

4. Cases of severe damage and complex technical issues

For tunnel collapses or medium-to-large bridge collapses: implement temporary measures such as installing ropes, barriers, temporary warning signs at both ends, with personnel stationed for command and traffic control, organize remote or local traffic diversion to ensure traffic flow and announce through mass media, or construct a temporary bypass to allow partial traffic flow or other temporary solutions to support rescue and relief operations. Based on jurisdiction, the General Department of Roads of Vietnam (for national highways) or the Provincial People's Committee (for local roads) shall decide on the approach to handling, repairing, and reinforcing to ensure safe and unimpeded traffic flow.

10. Amend the name of Article 14 and Clause 1, Clause 2, Clause 3 of Article 14 as follows:

a) Amend the name of Article 14 as follows:

“Article 14. Provisions regarding Completion documents for emergency projects to mitigate disaster consequences and ensure initial traffic safety”;

b) Amend Clause 1, Clause 2, and Clause 3 of Article 14 as follows:

“1. Organize the preparation and review of completion documents for emergency projects to mitigate disaster consequences and ensure initial traffic safety

a) The Road Management Agency, the Department of Transport for national highways under their management;

b) The Provincial People's Committee shall stipulate for local road systems;

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

d) Within thirty working days from the date of completion of construction on-site, the agencies specified in point a, point b, and point c of this clause shall submit the completion documents to the competent authority specified in Clause 2 of this Article for examination and approval.

2. Authority to examine and approve completion documents for emergency projects to mitigate disaster consequences and ensure initial traffic safety

a) The General Department of Roads of Vietnam for national highway systems;

b) The Provincial People's Committee shall stipulate for local road systems;

c) The head of the Central Representative Office of the owner decides for road projects invested in, managed, and operated by state-owned enterprises;

d) The time for examining the documents and notifying the results is thirty days from the date the examining agency receives complete and valid documents.

3. Completion documents for emergency projects to mitigate disaster consequences and ensure initial traffic safety include:

a) A request for approval of the document preparer;

b) An explanation of the disaster mitigation plan and traffic safety assurance;

c) Decisions declaring emergency situations due to disasters, orders to construct emergency projects, telegrams (if any), mobilization orders, and directives from relevant authorities concerning disaster recovery efforts for damages and losses included in the documents;

d) Initial reports from the document preparer and related agencies and units about the situation caused by natural disasters, accompanied by photographs;

đ) As-built drawings; acceptance certificates for completed construction works between the project sponsor, contractor, and relevant state management agencies, accompanied by detailed lists;

e) Budget estimates for emergency projects to mitigate disaster consequences and ensure initial traffic safety already implemented, accompanied by detailed calculation explanations;

g) On-site verification reports of losses prepared by the County Flood Control and Disaster Relief Command Center or the County People's Committee where the losses occurred;

h) Technical construction drawings showing quantities and structures of temporary works (applicable in cases stipulated in Clauses 2, 3, and 4 of Article 13 of this Circular).

i) Construction site logbook and images documenting the construction process of the project, attendance records for on-site traffic regulation and flow management to ensure traffic safety.

11. Amend Point c Clause 3 and Points a, b Clause 4 Article 15 as follows:

a) Amend Point c Clause 3 Article 15 as follows:

“c) The Director of the Department of Transport, the Chairman of the People's Committee at the district level shall mobilize materials, equipment, and reserve supplies under their jurisdiction to promptly respond to natural disasters and search and rescue operations on local road systems;”

b) Amend Point a, Point b Clause 4 Article 15 as follows:

“a) For the national highway system,

Annually, the Highway Management Agencies shall be responsible for managing, overseeing, and maintaining reserve equipment and materials; preparing the budget for implementation and submitting it to the Vietnam Highway Corporation. The Vietnam Highway Corporation shall review, establish production needs, procurement, repair, storage of reserve equipment and materials, and the budget for maintenance and protection of equipment and material storage facilities, and submit it to the Ministry of Transport for approval before June 30 each year.

b) For local road systems,

Management, oversight, and maintenance of reserve equipment and materials shall be carried out in accordance with regulations set by the provincial People's Committees.”

Article 2. Repeal Clause 1 Article 6 Circular No. 03/2019/TT-BGTVT dated January 11, 2019 issued by the Minister of Transport regarding disaster prevention, mitigation, and recovery work in the road sector. For projects to recover from natural disasters and ensure initial traffic safety that have been implemented before this Circular takes effect, the establishment, review, examination, and approval procedures shall continue to be conducted according to Article 14 of Circular No. 03/2021/TT-BGTVT dated January 11, 2019 issued by the Minister of Transport regarding disaster prevention, mitigation, and recovery work in the road sector..

Article 3. Transitional Provisions

The Head of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Highway Corporation, Directors of Provincial Transport and Construction Departments, Director of the Lao Cai Transport and Construction Department, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.

Article 4. Effectiveness

This Circular takes effect from March 1, 2022.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of relevant Departments, the Director of the Vietnam Highway Administration, the Directors of Transport and Construction Services of provinces and centrally governed cities, the Director of the Transport and Construction Service of Lao Cai Province, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.