Circular No. 45/2018/TT-BGTVT amending and supplementing certain Articles of Circular No. 90/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport guiding certain contents on the management, operation, and maintenance of expressway works.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport guiding certain contents on management, operation, and maintenance of expressway works

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 32/2014/NĐ-CPdated April 22, 2014 of the Government on management, operation, and maintenance of expressway works;

Pursuant to Decree No. 46/2015/NĐ-CPdated 12 the 5 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).5 of the Government on on quality management and maintenance of construction works;

Pursuant to Decree No. 11/2010/NĐ-CPdated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure; Decree No. 100/2013/NĐ-CPdated September 3, 2013 of the Government amending and supplementing certain Articles of Decree No. 11/2010/NĐ-CP;

Pursuant to Decree No. 12/2017/NĐ-CPdated 10 the 02 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

In accordance with the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Highway Administration CDirector of the Vietnam Highway Corporation;

the guiding circulars implementing certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport. of Circular No. 90/2014/TT-BGTVT dated December the 12 year 2014 guiding certain contents on management, operation, and maintenance of expressway works as follows:

Article 1. Amending and supplementing certain Articles of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport guiding certain contents on management, operation, and maintenance of expressway works

1. Amending and supplementing Clause 2, Article 2 as follows:

"2. Enterprises investing in construction and managing, operating, and maintaining expressway works are public-private partnership (PPP) projects and enterprises assigned by the State to invest in construction, manage, and operate expressway works (hereinafter referred to collectively as investors)."

2. Amending and supplementing Point a, Clause 1, Article 12 as follows:

"a) Organizing expressway patrols in accordance with the regulations of the Minister of Transport;"

3. Amending and supplementing Clause 2, Article 12 as follows:

"2. Responsibilities of investors and enterprises assigned to manage, operate, and maintain expressway works:

a) Inspecting and supervising the protection of expressway infrastructure by operating and maintenance units;

b) Cooperating with competent authorities and local governments to prevent and handle prohibited acts stipulated in Clauses 1, 2, 3 of Article 8, Clause 2 of Article 35 of the Road Traffic Law and violations of regulations on management and protection of road traffic infrastructure;

c) Fulfilling responsibilities as prescribed for expressway management agencies under Point b of Clause 1 of this Article for expressway works managed by themselves. At the same time, they have the responsibility to report to expressway management agencies the results of management and operation as prescribed;

d) Supervising the implementation of patrol duties; coordinating with competent authorities to handle violations of expressway infrastructure."

4. Amending and supplementing Point đ, Clause 2, Article 17 as follows:

"đ) Inspecting the implementation of management, operation, and maintenance of expressway works within the scope of management; handling or coordinating to handle violations within their authority."

5. Abolishing Articles 4, 6, 11, 20, 21, 22, 23, 24, 25 of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 guiding certain contents on management, operation, and maintenance of expressway works.

Article 2. Responsibility for Implementation

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director General of the Vietnam Highway Administration, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

Article 3. Implementation Provisions

This Circular takes effect from October 1, 2018.