Circular No. 48/2019/TT-BGTVT stipulates criteria for monitoring and accepting the results of maintenance of road traffic infrastructure assets based on the quality of implementation and the application of maintenance forms.

a) Criteria for supervising and accepting the results of maintenance of road traffic infrastructure assets based on the quality of implementation;

b) Regulations on the application of maintenance forms for road traffic infrastructure assets under the jurisdiction of the Ministry of Transport.

2. The scope of application includes agencies, organizations, and individuals related to the supervision and acceptance of the results of maintenance of road traffic infrastructure assets based on the quality of implementation and the application of maintenance forms for such assets.

3. For road traffic infrastructure assets implemented through public-private partnership projects, competent state authorities may decide to apply the provisions of this Circular in the bidding documents or draft project contracts. In cases where project contracts have already been signed, the parties may agree to supplement the provisions of this Circular into the project contract or the investor may apply the provisions of this Circular in the management and maintenance activities of road projects.

Article 2. Application of maintenance forms for maintenance activities of road traffic infrastructure assets

1. Maintenance based on actual volume is the implementation of maintenance activities according to the actual volume of work completed. This form is applied to the following maintenance activities:

a) Regular repairs, emergency repairs;

b) Inspection, testing, monitoring of works and components of works in accordance with laws on quality management and maintenance of construction works and regulations of the Minister of Transport on management, operation, and maintenance of road works.

2. Maintenance based on actual performance is the implementation of maintenance activities according to quality criteria within a specified period and amount as stipulated in economic contracts. This form is applied in the maintenance activities of road traffic infrastructure assets when simultaneously meeting the following requirements:

a) Road works constructed in accordance with technical standards prescribed by competent state authorities, ensuring quality in accordance with laws on construction; works, components of works, and operating equipment of road works have not exceeded their service life as prescribed by laws on quality management and maintenance of construction works;

b) Road works are guaranteed funding for maintenance according to technical standards, technical norms, and economic-technical quotas.

3. For tender packages or contracts containing road traffic infrastructure assets that do not meet the provisions of Clause 2 of this Article, the Vietnam Highway Administration decides to apply maintenance based on actual performance for each asset and each maintenance task of road traffic infrastructure assets based on the condition of each type of road traffic infrastructure asset and allocated funds; prioritizing the application of maintenance based on actual performance for maintenance tasks that can establish quality criteria consistent with allocated funds (management tasks, maintenance tasks not using materials, maintenance tasks of traffic safety systems, or other maintenance tasks); remaining maintenance tasks of road traffic infrastructure assets apply maintenance based on actual volume.

4. The duration of maintenance contracts for road traffic infrastructure assets based on actual performance shall not exceed five years.

The Vietnam Highway Administration decides the duration of tender package contracts for maintenance of road traffic infrastructure assets when approving the bidding plan or placing orders in cases meeting the conditions for placing orders as prescribed by laws on assigning tasks, placing orders, or tendering for the provision of public goods and services funded by the State budget from regular expenditure funds.

Article 3. Criteria for supervising and accepting the results of maintenance of road traffic infrastructure assets based on actual quality performance

The criteria for supervising and accepting the results of maintenance of road traffic infrastructure assets based on actual quality performance include:

1. Technical quality requirements for the maintenance activities of road traffic infrastructure assets based on actual quality performance are stipulated in Appendix I attached to this Circular.

2. Provisions on supervision, acceptance, evaluation methods, and cost deductions for maintenance activities of road traffic infrastructure assets based on actual quality performance are stipulated in Appendix II attached to this Circular.

Article 4. Effective date

1. This Circular shall take effect from February 15, 2020.

2. During implementation, if legal normative documents and standards cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall be applied.

3. For maintenance activities of road traffic infrastructure assets that have selected contractors and signed maintenance contracts before the effective date of this Circular, the parties involved may negotiate to adjust the signed contract in accordance with the provisions of this Circular.

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