Circular No. 48/2023/TT-BGTVT 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 the management, operation, and maintenance of expressway works.

CIRCULAR

Amending and supplementing some 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.
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. 25/2023/NĐ-CP dated May 19, 2023 of the Government amending and supplementing certain articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on management, operation, and maintenance of expressway works;

Pursuant to Decree No. 25/2023/NĐ-CP dated May 19, 2023 of the Government amending and supplementing some articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 on management, operation, and maintenance of expressway works;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

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

Pursuant to Decree No. 117/2021/NĐ-CP dated December 22, 2021 of the Government amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Highway Administration;

The Minister of Transport issues this Circular amending and supplementing some 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.

Article 1. Amending and supplementing some 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 (hereinafter referred to as Circular No. 90/2014/TT-BGTVT); Circular No. 45/2018/TT-BGTVT dated August 13, 2018 of the Minister of Transport amending and supplementing some articles of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 guiding certain contents on management, operation, and maintenance of expressway works (hereinafter referred to as Circular No. 45/2018/TT-BGTVT); Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport amending and supplementing some articles of related Circulars on management, operation, use, maintenance, and protection of roads (hereinafter referred to as Circular No. 06/2023/TT-BGTVT).

2. Amending and supplementing Article 7 as follows:

"1. Expressway works when put into operation and use must be managed, operated, used, and maintained in accordance with the provisions of the Road Traffic Law, Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on management, operation, and maintenance of expressway works (hereinafter referred to as Decree No. 32/2014/NĐ-CP) amended and supplemented by Decree No. 25/2023/NĐ-CP dated May 19, 2023 (hereinafter referred to as Decree No. 25/2023/NĐ-CP); Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 11/2010/NĐ-CP) amended and supplemented by Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 100/2013/NĐ-CP), Decree No. 117/2021/NĐ-CP dated December 22, 2021 of the Government amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 117/2021/NĐ-CP), relevant legal documents, and the provisions of this Circular."

2. Supplementing Article 9a after Article 9 as follows:

"Article 9a. Contents of traffic organization plan for expressways under phased investment.

1. For expressways under phased investment that have been constructed according to approved expressway master plans, the traffic organization plan must meet the following requirements:

a) Comply with national technical standards for road traffic signs;

b) Comply with standards for highway design and traffic organization during the phased construction phase, and other relevant technical standards issued by competent state authorities.

2. The contents of the traffic organization plan for expressways under phased investment include:

a) Operating speed and load capacity on expressways;

b) Types of vehicles allowed or not allowed to travel on expressways;

c) Traffic flow organization on expressways; sections and positions where overtaking is permitted on expressways;

d) Traffic organization at interchanges; positions for directing and handling persons and vehicles not allowed to participate in traffic on expressways;

đ) Traffic organization in areas with tunnel roads and other special cases;

e) Measures to ensure traffic safety when emergency stops are required on expressways;

g) Measures to handle traffic accidents and ensure traffic during accident and facility incident response;

h) Designated locations for turning around vehicles for rescue, firefighting, maintenance, and other necessary situations for national defense, security, disaster prevention, mitigation, and other force majeure cases; measures to ensure traffic safety when opening and closing turnaround points;

i) Use of equipment and systems serving traffic management and operation, data collection, storage, provision, utilization, processing related to traffic management and operation, accident and incident handling on expressways;

k) Temporary sign placement and guidance for traffic organization through areas affected by traffic incidents; areas implementing facility maintenance;

l) Stopping and parking regulations and measures to ensure traffic safety;

m) Other necessary works.

3. The project investor or expressway investor under phased investment shall base on the scale of the project, the provisions of the Road Traffic Law, and the provisions of Clause 1 of this Article to develop a traffic organization plan suitable for the scale of expressway construction investment and the projects at the phased investment stage."

3. Amending and supplementing Clause 2 of Article 10 as follows:

"2. Authority to approve and adjust traffic organization plans for expressways

a) For expressways managed by the Ministry of Transport or expressways where the Ministry of Transport is the competent authority for public-private partnership investment projects, the Vietnam Highway Administration and the Vietnam Expressway Administration shall be responsible for approving traffic organization plans on expressways and adjusting such plans according to分级授权和委托。

b) For expressways managed and operated by enterprises under the State Capital Investment Commission, the Vietnam Highway Administration shall approve traffic organization plans and adjustments to such plans.

c) The entity entrusted by the Ministry of Transport to be the project investor for expressway construction projects shall be responsible for reporting to the Ministry of Transport to request provincial People's Committees to agree on traffic organization plans at connection points between newly constructed expressways and existing local expressways.

d) Provincial People's Committees shall approve traffic organization plans and adjustments to such plans on expressways within their jurisdiction.”

4. Supplement Article 10a following Article 10 as follows:

“Article 10a. Determining costs for preparing traffic organization plans on expressways

1. Costs for preparing traffic organization plans on expressways during the construction phase of expressway projects shall be included in the design consultancy fees for the construction project.

2. Consultancy costs for preparing traffic organization plans on expressways during the operation phase shall be determined as follows:

a) For work related to adjusting, directing traffic flow, and other cases not covered by paragraph 1 and point b of paragraph 2 of this Article, the budget estimate shall be prepared using the method for determining consultancy cost estimates set out in Appendix VI issued together with Circular No. 11/2021/TT-BXD dated August 31, 2021, guiding certain aspects of determining and managing construction investment costs by the Minister of Construction;

b) Costs for preparing traffic organization plans on expressways for construction work shall be included in the design consultancy fees for repair works.”

5. Amend and supplement Article 12 as follows:

“Article 12. Organizing the management and protection of expressway infrastructure

1. Responsibilities of expressway management agencies

a) Implement regulations on the management and protection of expressway infrastructure as stipulated in Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, Decree No. 117/2021/NĐ-CP, and relevant laws; implement flood prevention, typhoon prevention, and recovery measures as stipulated in this Circular and relevant laws;

b) Inspect and supervise the implementation of current regulations by expressway managers, users, and maintenance units.

2. Responsibilities of expressway managers and users

a) Fulfill responsibilities as prescribed in Clause 3 of Article 10 of Decree No. 32/2014/NĐ-CP (amended and supplemented by Decree No. 25/2023/NĐ-CP);

b) Fulfill responsibilities similar to those of expressway management agencies as prescribed in point a of Clause 1 of this Article for expressways they manage. At the same time, they shall report to expressway management agencies on the results of management and operation as required.

3. Responsibilities of maintenance and operation units

a) Organize patrols, inspections, and protection of expressway infrastructure;

b) Implement other management and protection requirements for expressway projects as stipulated in the Road Traffic Law, Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, Decree No. 117/2021/NĐ-CP, and other relevant laws;

c) Implement management and protection requirements for expressway projects in accordance with relevant technical standards and specifications and contracts signed with expressway managers and users;

d) Implement flood prevention, typhoon prevention, and recovery measures as stipulated.”

6. Amend and supplement point c of Clause 2 of Article 26 as follows:

“c) Expressway managers and users shall be responsible for approving traffic safety assurance plans when carrying out maintenance work on expressways they manage and use.”

7. Amend and supplement Clauses 2, 3, and 4 of Article 27 as follows:

a) Amend and supplement Clause 2 of Article 27 as follows:

“2. Responsibilities of Expressway Management Agencies

a) Supervise the implementation of traffic safety measures during maintenance and compliance with construction permit regulations on expressways within their jurisdiction;

b) Temporarily suspend or halt construction upon discovering violations of traffic order and safety, or failure to fully implement traffic safety measures as required; request expressway managers and users to temporarily suspend or halt construction for maintenance projects carried out by expressway managers and users within their jurisdiction;

c) Coordinate with functional forces in implementing traffic safety assurance plans.”

b) Amend and supplement Clause 3 of Article 27 as follows:

“3. Responsibilities of Expressway Managers and Users

1. Inspect the implementation of traffic safety measures by maintenance and operation units and contractors on expressways within their jurisdiction;

b) Coordinate with functional forces in implementing traffic safety assurance plans.”

c) Amend and supplement Clause 4 of Article 27 as follows:

“4. Responsibilities of Maintenance and Operation Units and Contractors

a) Prepare traffic safety assurance plans during maintenance on expressways and submit them for approval by expressway management agencies or expressway managers and users before organizing construction within their jurisdiction;

b) Implement approved traffic safety assurance plans.”

Article 2. Repeal certain Points, Clauses, and Articles of Circular No. 90/2014/TT-BGTVT, Circular No. 45/2018/TT-BGTVT, and Circular No. 06/2023/TT-BGTVT.

1. Repeal Article 2; Article 5; Article 7; Article 15; Article 16; Article 17; Article 18; Article 19; Clause 12 of Article 9; Point c of Clause 3 of Article 10; Clause 1 of Article 27 of Circular No. 90/2014/TT-BGTVT dated December 31, 2014 guiding certain contents on management, operation, and maintenance of expressway works.

2. Repeal Clause 1, Clause 2, Clause 3, and Clause 4 of Article 1 of Circular No. 45/2018/TT-BGTVT dated August 13, 2018 amending and supplementing certain articles of Circular No. 90/2014/TT-BGTVT.

3. Repeal Article 8 of Circular No. 06/2023/TT-BGTVT dated May 12, 2023 issued by the Minister of Transport amending and supplementing certain articles of related Circulars concerning management, operation, use, maintenance, and protection of roads.

Article 3. Implementation Provisions

1. This Circular takes effect from February 15, 2024.

2. For expressway routes and sections of expressway routes that have been approved traffic organization plans before this Circular takes effect, continue to implement according to the approved traffic organization plan. In case there is a change or adjustment to the traffic organization plan, it shall be implemented in accordance with the provisions of this Circular.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Director of the Vietnam Expressway Administration, the Directors of Provincial and Municipal Transport Services under the Central Government, the Director of the Lao Cai Transport and Construction Service, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.