This Circular guides the implementation of regulations on the management and protection of road traffic infrastructure structures, including the use of safety zones, connecting branch roads to national highways, constructing essential works within the protected area, and the responsibilities of related parties. It applies to agencies, organizations, and individuals involved in the management, protection, exploitation, and use of road safety zones.
Scope of application
Agencies, organizations, and individuals involved in the management, protection, exploitation, and use of the protected area of road traffic infrastructure structures; ensuring traffic and traffic safety when constructing works within the protected area of road traffic infrastructure structures.
Key points
- Road land includes the land on which road construction works are built and the land along both sides of the road for managing, maintaining, and protecting road construction works.
- The road safety zone is the land along both sides of the road land aimed at ensuring traffic safety and protecting road construction works. The limits of the safety zone are specifically defined.
- The aerial protection range of road construction works must meet requirements regarding the vertical distance from the road surface to other structures passing over or above the road.
- Essential works may be constructed within the protected area of road traffic infrastructure structures but must ensure safety and not affect the operation of the road.
- The responsibilities of the project investor and the user of essential works include inspecting construction quality, repairing, restoring to original condition, and submitting completion records.
🌐 Social impact of this document
- Positive impact: Reducing traffic accident risks, protecting road traffic infrastructure structures.
- Negative impact: High costs for building and maintaining safety zones, affecting land use by residents.
❓ Frequently asked questions
Which works are permitted to be constructed within the protected area of road traffic infrastructure structures?
Essential works such as telecommunications, power, water pipelines, oil pipelines can be constructed but must ensure safety and not affect the operation of the road.
What is the minimum distance between two points where branch roads connect to national highways?
In urban areas: based on urban planning. Outside urban areas: from 1,000 to 6,000 meters depending on the level of the road.
How many working days are required to process the permit for construction of a junction connecting to a national highway?
Within 7 working days from the date of receipt of complete files as prescribed.
Until what date can spontaneous connections of rural roads to national highways before a certain date exist?
Spontaneous connections of rural roads to national highways before the effective date of Decree No. 186/2004/NĐ-CP for motorcycles, motorbikes, and non-motorized vehicles can exist until December 31, 2020.
How many days are required to consider and approve temporary connections to national highways?
Within 10 working days from the date of receipt of complete files as prescribed.
Full text
CIRCULAR
Guidelines for Implementing Certain Provisions of N |||Decree No. 11/2010/NĐ-CP dated February 24, 2010
of Cof the Government stipulating management and protection of road traffic infrastructure b|||
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Pursuant to the Road Traffic Law promulgated on November 13, 2008; road /
Pursuant to DecreeDecree No. 149/2016/NĐ-CP dated November 11, 2016 amending and supplementing Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of some provisions of the Law on Prices;2010/NĐ-CP dated February 24, 2010, of the Government on management and protection of road traffic infrastructure;
Pursuant to Government Decree No. 100/13/NĐ-CP dated September 3, 2020,13 of the Government amending and supplementing some articles of Government Decree No. 11/2010/NĐ-CP dated February 24, 2010, on management and protection of road traffic infrastructure; reason and protection of road traffic infrastructure;
Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;amendAccording to the proposal of the General Director of the Vietnam Highway Administration and the Director of the Department of Road Traffic Infrastructure,
the Minister of Transport issues this Circular guiding the implementation of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government stipulating management and protection of road traffic infrastructure.
This Circular guides the implementation of: management and protection of road traffic infrastructure; use of the protected area of road traffic infrastructure, connection of branch roads to national highways; numbering and naming system for provincial roads; ensuring traffic and traffic safety during construction within the operational protected area of road traffic infrastructure; examination and review of road traffic safety.No. Organizations and individuals engaged in the business of medical equipment shall be responsible for ensuring that the documents specified in point i, Clause 2, Article 66 of this Decree remain valid during the period the import permit remains valid. In case they cease to maintain the validity of such documents, organizations and individuals engaged in the business of medical equipment must notify the Ministry of Health to revoke the issued import permit according to regulations. 11This Circular applies to agencies, organizations, and individuals related to management, protection, exploitation, and use of the protected area of road traffic infrastructure; ensuring traffic and traffic safety during construction within the operational protected area of road traffic infrastructure; examination and review of road traffic safety.
PART I
GENERAL PROVISIONS
Article 1.perioda) Clause 1 Article 15 regarding accountability;
PROTECTED AREA OF ROAD TRAFFIC INFRASTRUCTURE
Article 2. Applicability
Article 3. Land of Roads
Chapter II
The land of roads includes the portion of land on which road works are constructed and the land along both sides of the road for managing, maintaining, and protecting road works. Road works include:
a) Roads (roadbed, surface, sidewalks, pavements);
b) Highway bridges (river-crossing bridges, mountain-crossing bridges, urban-overpass bridges, highway-overpass bridges, railway-overpass bridges, sea-crossing bridges), including pedestrian bridges;
1. Roadways
c) Highway tunnels (mountain-crossing tunnels, river-underpass tunnels, highway-underpass tunnels, railway-underpass tunnels, urban-underpass tunnels), including pedestrian tunnels;
d) Ferry terminals, pontoon bridges, underground passages, overflow roads.
2. Parking areas on roads, traffic control stations, vehicle weight inspection stations, toll stations for bridges and roads.
3. Road signaling systems including: traffic lights; signboards; signboard and traffic light poles; height restriction frames; guideposts, kilometer markers, road markings, and other equipment.
4. Traffic islands, median strips, barriers, guardrails.
5. Survey marks, boundary markers, relocation markers for construction of road works.
6. Road lighting systems.
7. Drainage systems, technical chambers, riverbank protection works.
8. Works preventing erosion, stream regulation, slope stabilization.
9. Emergency rescue roads, places for storing vehicles crossing rivers, storage houses, places for storing emergency traffic assurance materials.
10. Auxiliary works ensuring environmental protection and traffic safety.
Article 4. Road Safety Zones
1. Road safety zones are the portions of land along both sides of the road (including water surfaces alongside bridges, tunnels, ferry terminals, pontoon bridges) aimed at ensuring traffic safety and protecting road works.
2. The boundaries of road safety zones are defined from Article 15 to Article 19 of Decree No. 11/2010/NĐ-CP stipulating management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 11/2010/NĐ-CP) and Clause 2, Clause 3 of Article 1 of Decree No. 100/2013/NĐ-CP 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). Road management agencies must base the width of the road safety zone on the technical grade of the managed road according to planning, and for bridges, based on the bridge's longitudinal and transverse dimensions.
3. In cases where roads share space with hydraulic works, the road safety zone shall be regulated in accordance with laws on dyke management.
2. The limits of the road safety zone are prescribed from Article 15 to Article 19 of Decree No. 11/2010/ND-CP on management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 11/2010/ND-CP) and Clause 2, Clause 3 of Article 1 of Decree No. 100/2013/ND-CP amending and supplementing certain articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (hereinafter referred to as Decree No. 100/2013/ND-CP). Road management agencies must base the width of the road safety zone on the technical grade of the managed road according to the planning, and for bridges, they must base it on the vertical and horizontal dimensions of the bridge.
3. In cases where roads share space with water conservancy works, the road safety zone shall be regulated in accordance with the laws on dyke management.
Article 5. Determining the scope of land for highways and the safety zone land of highways
1. In cases where the scope of land for highways and the safety zone land of highways have not been determined, the boundary markers, the scope of land for highways, and the scope of safety zone land of highways shall be determined in accordance with the provisions of Decree No. 11/2010/NĐ-CP and Decree No. 100/2013/NĐ-CP.
2. For highways currently in operation, if the scope of the safety zone land of highways has been approved by competent authorities before the effective date of Decree No. 11/2010/NĐ-CP, the scope of land for highways and the safety zone land of highways shall be determined as follows:
a) The scope of land for highways shall be determined in accordance with the provisions of Clause 1 and Clause 2, Article 14 of Decree No. 11/2010/NĐ-CP and Clause 1, Article 1 of Decree No. 100/2013/NĐ-CP.
b) The scope of the safety zone land of highways shall be determined after determining the scope of land for highways, specifically:
If the remaining part of the safety zone land of highways is greater than or equal to the width prescribed in Clause 2, Article 1 of Decree No. 100/2013/NĐ-CP, it shall remain unchanged.
If the remaining part of the safety zone land of highways is less than the width prescribed in Clause 2, Article 1 of Decree No. 100/2013/NĐ-CP, the scope of the safety zone land of highways shall be re-determined in accordance with the provisions of Decree No. 100/2013/NĐ-CP.
Article 6. Airspace protection range of highway works
1. Works existing prior to the effective date of Circular No. 39/2011/TT-BGTVT of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2016 of the Government on management and protection of road traffic infrastructure (hereinafter referred to as Circular No. 39/2011/TT-BGTVT), if the airspace protection range of highway works does not comply with the provisions of Article 21 of Decree No. 11/2010/NĐ-CP and does not temporarily cause danger or loss of road traffic safety, shall maintain the current status until December 31, 2020.
2. New construction, renovation, expansion works; works currently in operation that do not meet the provisions of Article 21 of Decree No. 11/2010/NĐ-CP causing danger or loss of road traffic safety must ensure the sufficient airspace protection range of highway works (vertically) as follows:
a) For overpasses above highways, the minimum distance measured vertically from the highest point of the highway surface to the lowest point of the bridge structure (excluding the allowance for raising the highway surface during repair, expansion, and improvement) is 4.75 meters;
For overpasses above expressways, they must comply with the design standards for expressways;
b) For communication lines above highways, the minimum vertical distance from the highest point of the highway surface (excluding the allowance for raising the highway surface during repair, expansion, and improvement) to the lowest point of the communication line at its maximum sag is 5.50 meters;
c) For power transmission lines above highways, the minimum vertical distance from the highest point of the highway surface (excluding the allowance for raising the highway surface during repair, expansion, and improvement) to the lowest point of the power transmission line at its maximum sag is 4.75 meters plus the safe discharge distance according to the voltage level prescribed by the electricity law;
d) For conveyor systems above highways, the minimum vertical distance from the highest point of the highway surface (excluding the allowance for raising the highway surface during repair, expansion, and improvement) to the lowest point of the system is 4.75 meters;
e) The airspace protection range of various types of works above highways at grade-separated intersections must ensure the minimum vertical distance as prescribed in Points a, b, c, and d of this Clause, from the highest point of the highway surface to the lowest point of the uppermost work at the intersection.
3. Determining the height allowance when raising the highway surface
a) For works crossing above highways, based on the current condition and planning of the highway route with the works crossing above, the height allowance for raising the highway surface shall be determined.
b) For highway works under overpasses or essential structures, based on the design of the highway works and the planning of the highway route, the height allowance for raising the highway surface shall be determined.
Article 7. Lateral safety distance for essential works along the road
1. Essential works specified in Clause 1, Article 12 of this Circular, if permitted by competent traffic management authorities to be constructed within the scope of land of the road or the road safety zone (including underwater parts) must be at a depth or lateral distance that does not affect the management, maintenance, exploitation, and durability of the road works.
2. The minimum lateral safety distance for essential works' columns (located inside or outside the road safety zone) shall be as follows:
a) The lateral distance from the base of telecommunications antenna poles, communication lines, power transmission lines to the edge of the top of the embankment roof or the peak of the cutting roof must be at least 1.3 times the height of the pole (measured from ground level at the base of the pole to the top of the pole) and must not be less than 5 meters;
b) In cases where the road passes through urban or town areas, the lateral safety distance for the road must be equal to the width of the red line boundary according to the approved planning;
c) In cases where the road passes through mountainous areas with high mountains and deep valleys, areas without land available for construction, the lateral safety distance for essential works' columns may be smaller than the distance specified in point a of this clause but must be at least 2 meters from the edge of the vehicle lane;
3. The minimum lateral safety distance for columns of conveyor belt systems serving production placed across the road must be ensured as follows:
a) For locations on roads passing through urban or town areas, the base of the column must be placed on the sidewalk or street curb (with a curb), the distance from the nearest point of the base of the column to the outermost edge of the vehicle lane must be at least 1 meter, and for the base of the conveyor support, it must be at least 2 meters;
b) For locations on roads passing through non-urban areas, the base of the column must be placed outside the scope of the road land;
c) In cases where the span of the structure is large, the column can be placed on the median strip if the distance from the nearest point of the base of the column to the outermost edge of the vehicle lane is at least 0.5 meters;
d) The base of the column must not be placed on existing road structures such as gutters or longitudinal drainage channels.
Article 8. Shared Safety Zone between Road and Railwayg overlap between roads and railways
1. When the railway safety zone overlaps with the road safety zone, the demarcation of the safety zone shall be based on the principle of prioritizing sufficient railway safety zones while ensuring that the railway safety zone limit does not overlap with the road embankment roof or part of the road works.
2. In cases where road and railway works are adjacent and share a common longitudinal drainage channel, the boundary of the safety zone shall be determined in accordance with Clause 2, Article 1 of Decree No. 100/2013-NĐ-CP.
3. In cases where the shared safety zone between road and railway is smaller than the total safety zone of both railway and road as stipulated, priority shall be given to ensuring sufficient railway safety zone; if the railway safety zone limit, when fully arranged, would overlap with road works, the railway safety zone limit shall be the outermost edge of the road works.
Article 9. Construction works outside the safe zone road staff
1. Construction works outside the safe zone of the road shall maintain a distance from the safe zone of the road as prescribed in Article 22 of Decree No. 11/2010/NĐ-CP.
2. For construction works outside the safe zone of the road that affect traffic operations and road traffic safety, if such works have been requested to be rectified by the road management agency but the construction work owner does not voluntarily comply, the road management agency must prepare a report to recommend the competent People's Committee to handle the matter in accordance with the law.
Chapter III
USE AND EXPLOITATION OF THE PROTECTED ZONE OF INFRASTRUCTURE ROAD TRAFFIC
Article 10. Use and exploitation of the protected zone of infrastructure for road traffic
1. The exploitation and use of the protected zone of infrastructure for road traffic shall comply with Articles 26 and 28 of Decree No. 11/2010/NĐ-CP and the provisions of this Circular.
2. Before expanding the boundaries of the inner city or town area where there is a road passing through, the People's Committee of the province or centrally governed municipality (hereinafter referred to as the provincial People's Committee) must construct bypass roads and connection points according to the provisions of this Circular for the sections of the road that will be within the inner city or town area.
3. Roads leading from residential areas may only connect to national highways via branch roads; existing roads must be removed and replaced with bypass roads according to approved connection point planning.
4. The use of the safe zone at locations where roads and railways overlap must be approved by the competent road management agency and railway management agency.
5. Advertising in the safe zone of the road can only be carried out temporarily when it is not feasible to conduct such activities outside the safe zone of the road due to geographical conditions.
6. It is prohibited to use the space under road bridges for living, business services, parking stops, bus stations which cause loss of bridge safety, traffic safety, and environmental pollution.
The use of the space under road bridges in urban areas as temporary parking lots must be decided by the provincial People's Committee for bridges on urban roads managed by local authorities; the Ministry of Transport decides for bridges on national highways passing through urban areas based on proposals from the provincial People's Committee. The Department of Transport is responsible for organizing the use of the space under road bridges in urban areas as temporary parking lots. Temporary parking lots must ensure fire prevention and explosion safety, traffic safety, environmental protection, and facilitate inspection, maintenance, and repair of bridges according to regulations.
7. For hydropower and irrigation projects with flood avoidance routes and other projects with avoidance routes:
a) The construction cost of the avoidance route shall be borne by the project investor.
b) The project investor must obtain agreement from the Vietnam Highway Corporation regarding the direction, scale, technical standards, and other related issues concerning national highways during the project feasibility study stage.
c) The provincial People's Committee shall specify the competent authority to agree on the local road system.
8. The provincial People's Committee shall base its specific regulations on the use of the protected zone of infrastructure for road traffic for provincial roads, urban roads, district roads, and commune roads on Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, and the guidance provided in this Circular, ensuring compliance with legal provisions and actual conditions of the locality.
Article 11. Management, use, exploitation of the scope of protection of road traffic infrastructure structures constructed under public-private partnership (PPP) and dedicated roads
1. When constructing essential works, building, reconstructing intersections, connection points related to road construction projects implemented under PPP form, competent road authorities when implementing planning agreements, approving construction, approving design and issuing construction permits must also seek written opinions from PPP project investors on traffic safety issues, impacts on infrastructure structure, toll collection, and other relevant issues, in addition to complying with the provisions of this Circular.
2. The construction of essential works, building, reconstruction of intersections, connection points related to dedicated roads shall be decided by the organizations or individuals managing and exploiting such dedicated roads.
Article 12. Essential Works Constructed within the Scope of Protection of Road Traffic Infrastructure Structures
b) Works serving the management and exploitation of maritime works;
a) Works serving security and defense requirements;
b) Works with special technical requirements that cannot be located outside the scope of protection of road traffic infrastructure structures, such as telecommunications; power; water supply, drainage, oil, gas, air, energy, chemical pipelines.
2. In cases where it is not possible to construct outside the scope of protection of road traffic infrastructure structures, essential works may be permitted by competent authorities to be constructed within the scope of protection of road traffic infrastructure structures but must comply with the following principles:
a) Essential works must be designed, reviewed, approved, and other procedures carried out in accordance with laws on construction;
b) Essential works must not affect maintenance work, structure, and functionality of road works, ensuring road traffic safety and the safety of surrounding works;
c) Essential works must be consistent with urban architectural planning, aesthetic appearance, and environmental protection.
3. For essential works attached to bridges:
a) Approval will not be granted for high-voltage power lines, energy supply pipelines (oil, gas, natural gas), chemical pipelines, materials capable of causing fires or explosions, corrosion;
b) For newly constructed bridges with technical box designs and support structures for installing essential works, approval for installation of essential works attached to bridges must be consistent with bridge design, load capacity, size, and other factors;
c) Investors constructing essential works must hire consultants with sufficient capacity to review and approve the installation of essential works for traffic safety, bridge safety before applying for approval to construct essential works attached to bridges.
4. For essential works passing underground through roads:
a) For underground works passing through roads, tunnel boring methods must be used; only in cases where tunnel boring is not feasible can surface excavation methods be employed;
b) Essential works shall not be placed inside horizontal stormwater drains. If there is sufficient space, essential works may be installed inside technical drains;
c) When constructing essential works horizontally across roads using tunnel boring methods, the following technical requirements must be met: external pipes or boxes made of durable material must ensure the stability of essential works and be compatible with road loads; the distance from the lowest point of the road surface to the highest point of the essential works must be at least 1 meter but not less than the thickness of the road pavement structure (except for special cases approved by competent road management authorities);
d) When surface excavation is required to construct essential works horizontally across roads, the following technical requirements must be met: a solid tunnel meeting the design standards of the road must be built; the highest point of the tunnel structure must be at least 1.5 meters away from the lowest point of the good road edge; the tunnel must have sufficient space to accommodate the essential works and facilitate their maintenance; operational and maintenance procedures for the works must be established.
5. For conveyor belts installed horizontally across roads:
a) The location of conveyor belt installations must not affect traffic safety and environmental aesthetics in the installation area;
b) If conveyor belts for goods are constructed over roads, they must comply with height and width regulations set forth in Articles 6 and 7 of this Circular, and undergo traffic safety reviews. Sections of conveyor belts crossing roads must be fully enclosed, ensuring aesthetics and environmental hygiene;
c) Design documents for constructing conveyor belts must be reviewed and approved for structural safety according to construction laws.
6. For propaganda works promoting Party and State policies:
a) Propaganda works promoting Party and State policies shall not be installed within the scope of straight curves, correct curves, and steep slopes that obstruct visibility;
b) Design documents for constructing propaganda works must be reviewed and approved for structural safety according to construction laws.
7. Handling incidents involving essential works: Upon discovering or receiving reports of incidents involving essential works within the scope of protection of road traffic infrastructure structures, users of essential works must immediately take responsibility for rectifying the incident. If timely rectification is not achieved, affecting road traffic, road management authorities must organize rectification to ensure smooth traffic flow and safety. Users of essential works must bear full responsibility and costs for rectifying the incident.
8. In cases where essential works are constructed outside the scope of protection of road traffic infrastructure structures and affect road traffic safety and the safety of road traffic infrastructure structures, approval from competent road management authorities must be obtained.
9. Essential works that have been approved for construction and granted permission to commence work must be relocated promptly upon the request of the competent road management authority without compensation or relocation support; the project investor or user of essential works shall bear full responsibility related to the construction and relocation of essential works.
Article 13. Approval for Construction of Essential Works within the Protection Zone of Road Traffic Infrastructure of Operational National Highways
1. The Ministry of Transport shall approve construction of essential works within the protection zone of expressway traffic infrastructure.
2. The Vietnam Highway Administration shall approve the following projects:
a) New construction, renovation, upgrading, and expansion of essential works within the protection zone of road traffic infrastructure with a total length exceeding 1 kilometer on routes or sections of roads;
b) Construction of power transmission lines of 35 kV or higher; water supply and drainage pipelines with a diameter over 200 millimeters; hydraulic works, conveyor belts; pipelines for hazardous energy and chemical substances prone to fire, explosion, and metal corrosion; works involving the construction of bridges and culverts crossing roads;
c) Construction of essential works related to the management scope of two or more direct highway management authorities;
d) Installation of essential works on bridges with a total span length exceeding 100 meters; road tunnels.
3. The Road Management Agency or the Department of Transportation shall approve the following:
a) Construction of essential works related to roads under their management and not within the jurisdiction specified in Clause 1 and 2 of this Article;
b) Projects to repair essential works related to national highways under their management.
4. Documents for requesting approval for construction of essential works:
a) Application form for construction of essential works within the scope of protection of road traffic infrastructure structures according to Model 1 attached to this Circular;
b) Design documents including plan views, longitudinal profiles, cross-sections of the section where the works will be constructed. If the design documents are technical design or construction drawing design documents, for essential works installed through bridges, tunnels, or other complex road works, there must be a Report on the Results of Design Review (certified copy);
c) Number of sets of documents: 01 set.
5. The procedure for implementation shall be carried out in accordance with the provisions of Article 19 of this Circular.
6. Time limit for resolution: within 7 working days from the date of receipt of the documents as prescribed.
7. The approval document for construction of essential works is valid for a period of 18 months from the date of issuance; if it exceeds 18 months, extension procedures must be carried out. Extension procedures are stipulated as follows:
a) An application for extending the approval to construct essential works by the project owner according to the form attached as Appendix 2 to this Circular;
b) Processing time: within 5 working days from the date of receipt of the extension application as prescribed;
c) Extension period: only one extension may be implemented, with a duration not exceeding twelve months;
d) Procedures and methods of implementation as prescribed in Article 19 of this Circular.
Article 14. Issuance of Construction Permit for Essential Works within the Protection Zone of Operational Road Traffic Infrastructure
1. The competent authority issuing the construction permit is the Road Management Agency or the Department of Transportation responsible for managing the route.
2. Documents for requesting issuance of construction permit for essential works:
a) Application form for construction permit for works according to the model attached as Appendix 4 to this Circular;
b) Approval document for construction of essential works issued by the competent road management authority (certified copy or copy accompanied by the original for verification);
c) 02 sets of construction drawing designs, including construction organization measures ensuring traffic safety already approved by the competent authority (original);
d) Number of sets of documents: 01 set.
3. The procedure and method of implementation are as prescribed in Article 19 of this Circular.
4. Time limit for resolution: within 7 working days from the date of receipt of complete documents as prescribed.
5. Essential works constructed within the protection zone of road traffic infrastructure must be inspected and accepted by the authority issuing the construction permit for road works.
Article 15. Responsibilities of the Project Owner and User of Essential Works
1. Responsibilities of the Project Owner:
a) Inspect and supervise the construction quality of essential works that affect traffic safety and the durability of road structures;
b) Repair, restore to original condition, and warranty the quality of road works affected by the construction of essential works within the scope of protection of road infrastructure;
c) Submit completion records for storage by the permit issuing authority and update them into the management file of the road route.
2. Responsibilities of the User and Operator of Essential Works:
a) Manage and maintain the works according to regulations, ensuring the safety of the works;
b) Not to affect traffic safety, the safety of road works, surrounding works, and maintenance work during operation and use;
c) Bear legal responsibility if accidents occur while performing regular maintenance of essential works;
d) Apply for Construction Permit when repairing periodically, if it affects traffic safety and the durability of road works as stipulated in Article 14 of this Circular.
Article 16. Approval and Issuance of Construction Permits for Temporary Advertising Signs within the Safe Roadside Zone of Operational National Highways
1. The installation of advertising signs inside or outside the safe roadside zone must comply with laws on advertising and management and protection of road infrastructure. Individuals and organizations permitted to install advertising signs bear full responsibility for any consequences arising from such installations.
2. The minimum horizontal safety distance of advertising signs from the edge of the road to the nearest point of the sign must be at least 1.3 times the height of the sign (the highest point of the sign) and not less than five meters.
3. If the horizontal safety distance of advertising signs installed outside the land area designated for roads as specified in Clause 2 of this Article is violated, the road management unit shall request the construction permit issuing authority to require organizations and individuals to stop installing advertising signs.
4. Authorities responsible for approving and issuing construction permits for temporary advertising signs within the safe roadside zone of operational national highways are classified as follows:
a) Vietnam Highway Administration approves the construction of advertising signs for the national highway system;
b) The Department of Highway Management or the Provincial Department of Transport issues construction permits for advertising signs for sections or routes of national highways under their jurisdiction.
5. Procedures, methods of implementation, documents, and processing time for approval procedures and construction permit issuance are carried out similarly to essential works.
Article 17. Construction of Essential Works on Newly Built or Upgraded National Highway Routes
1. When preparing projects for new construction, upgrading, or realignment of routes, or bypass construction, the project owner must:
a) Notify relevant Ministries, sectors, and provincial People's Committees about basic information of the project (technical level, scale, alignment, cross-section, expected start and completion dates) so that organizations requiring construction of essential works can be informed;
b) Summarize requirements, propose solutions to ensure safety and durability of the road project due to the construction of essential works within the scope of protection of road infrastructure, and report to the investment decision-making level for consideration and decision;
c) Based on the opinions of the investment decision-making level, the project owner informs organizations with essential works about the construction of technical boxes or the implementation of solutions to ensure safety and durability of the road project when constructing essential works.
2. Organizations and individuals requiring construction of essential works related to new construction, upgrading, or renovation projects of national highways must:
a) Send a request letter (accompanied by technical design requirements for the essential works to be constructed within the scope of protection of road infrastructure) to the national highway construction project owner;
b) Implement measures to ensure safety and durability of road works when constructing essential works and coordinate with the construction process of the road project.
3. When there is a need to construct or install essential works within the technical box of existing road works, the project owner of the essential works must follow the provisions of Article 14 of this Circular to obtain a Construction Permit and pay rental fees for the technical box as prescribed by law.
4. All costs incurred to implement measures to ensure safety and durability of road works when constructing essential works shall be borne by the owner of the essential works.
Article 18. Approval and Issuance of Construction Permits for Road Projects within Land Allocated for Roads on Exploited National Highways
1. Prior to submitting the project for approval by the competent authority for new construction, upgrading, or renovation of road projects within land allocated for roads (excluding projects where the decision to invest or the main investor is the Ministry of Transport or the Vietnam Highway Administration), the project investor shall submit a proposal for approval of the scale and design solutions to the Vietnam Highway Administration for consideration and resolution.
2. The project investor or the contractor implementing road works on exploited national highways must request the Road Management Agency or the Department of Transport assigned to manage the route to issue a Construction Permit.
3. Documents for requesting a construction permit:
a) Application form for construction permit for works according to the model attached as Appendix 4 to this Circular;
b) A document approving or accepting the design from the competent road management agency (a certified copy or a copy accompanied by the original for verification);
c) The construction drawing design documents (including measures to organize construction ensuring traffic safety) that have been approved by the competent authority (original).
d) Number of sets of documents: 01 set.
4. Procedures and methods of implementation as stipulated in Article 19 of this Circular;
5. Time limit for resolution: within seven working days from the date of receipt of complete documents as prescribed.
6. For upgrade and renovation road projects currently in operation where the main investor is the Ministry of Transport or the Vietnam Highway Administration, there is no need to request a construction permit; however, before commencing work, the Project Management Board or the contractor must submit relevant documents including the project approval decision, construction drawing design documents approved, including construction plans and measures to ensure traffic safety during construction, to the competent road management agency for examination and agreement in writing regarding the construction period and measures to ensure traffic safety during construction.
7. Organizations and individuals managing and maintaining roads performing regular maintenance work do not need to request a Construction Permit but must implement measures to ensure traffic safety throughout the execution of their tasks.
8. For roads managed and maintained by localities, the People's Committee of the province shall stipulate regulations in accordance with the law and actual conditions of the locality, except for national highways entrusted for management.
Article 19. Procedure and Method of Implementing Administrative Proceduresitself, procedures for administrative procedures
1. Organizations and individuals submit applications directly, through postal services, or by other appropriate means to the competent authority responsible for handling administrative procedures.
2. The competent authority receives and checks the application.
a) In cases of direct submission: after checking the application components, if they comply with regulations, the application will be accepted; if they do not comply, the organization or individual will be guided to complete the application.
b) In indirect submission cases (through postal services or other appropriate means), the competent authority receives the application. If the application is incomplete according to regulations, the authority must provide written guidance to the organization or individual to complete it within two working days from the date of receipt.
c) The competent authority responsible for handling the procedure conducts an assessment of the application, and if it meets the requirements, issues a written approval or Construction Permit. If it does not meet the requirements, a written response with reasons must be provided.
Chapter IV
BRANCH ROAD CONNECTION TO NATIONAL HIGHWAYS
Article 20. Branch roads connecting to national highways
1. Branch roads connecting to national highways include:
a) Provincial roads, district roads, commune roads, urban roads;
b) Access roads to fuel service stations;
c) Special-purpose roads including: forestry roads, mining roads, construction service roads, industrial zone roads, direct connections from individual works;
d) Collector roads and connecting roads from collector roads.
2. Branch roads connecting to national highways must pass through connection points approved by the provincial People's Committee after receiving agreement letters from the Ministry of Transport.
3. Connection of branch roads to national highways within urban areas shall be carried out according to urban planning approved by competent authorities.
4. The design of junctions for bypass roads connecting to national highways must comply with current technical standards for automobile road design requirements.
5. No connection points shall be planned for entry into expressways. Traffic connections to expressways shall be implemented according to the technical design of the expressway.
6. Connection of branch roads to new national highway projects or upgraded, improved, or bypassed sections:
a) Based on local socio-economic development plans where the project passes through, the national highway investor shall determine interchanges (grade-separated interchanges or at-grade intersections) between existing roads and the new national highway project, determine positions for service station access points according to automobile road design standards, submit route design proposals to the provincial People's Committee for approval.
b) The provincial People's Committee shall compile a list of connection points (including fuel service stations) according to the scale and technical standards of the road and send it to the competent authority as stipulated in Clause 3, Article 22 of this Circular for prior agreement before approving the project and technical design of the road.
Article 21. Minimum distance between two connection points to national highways
1. The minimum distance between two connection points to national highways as specified in Point a, Clause 1, Article 20 of this Circular located within the inner city or town area: based on urban planning, the distance between connection points shall be determined according to the urban traffic planning already approved by the competent authority for urban planning.
2. The minimum distance between two connection points to national highways as specified in Point a, Clause 1, Article 20 of this Circular located outside the inner city or town area:
a) The distance between adjacent connection points shall be determined according to the level of planning for the section along the national highway, specifically: for first and second-class roads not less than 5,000 meters, for third-class roads not less than 1,500 meters, for fourth-class roads and below not less than 1,000 meters;
b) For national highways with median strips and sufficient land for constructing speed change lanes (vehicles passing through the intersection only turn right), the distance between adjacent connection points along one side of the highway shall be determined according to the level of planning for the section along the national highway, specifically: for first and second-class roads not less than 2,000 meters, for third-class roads and below not less than 1,000 meters;
c) In cases where the safety zone of the road is divided by terrain such as high mountains, deep valleys, rivers, streams, and other immovable obstacles, the distance between two connection points must be approved by the competent state authority.
3. The minimum distance between two adjacent fuel service stations (measured from the midpoint of each station) connected to access roads to national highways must ensure the minimum distance between two connection points as prescribed in Clause 1 and Clause 2 of this Article, while also ensuring the minimum distance between two fuel service stations, as follows:
a) Within the inner city or town area: for roads with median strips, the distance between two adjacent fuel service stations on the same side along each side of the national highway shall not be less than 1,000 meters; for roads without median strips, the distance between two adjacent fuel service stations along each side of the national highway section shall not be less than 2,000 meters;
b) Outside the inner city or town area: for roads with median strips and sufficient land for constructing speed change lanes (vehicles passing through the intersection only turn right), the distance between two adjacent fuel service stations on the same side along each side of the national highway section shall not be less than 6,000 meters; for roads without median strips, the distance between two adjacent fuel service stations along each side of the national highway section shall not be less than 12,000 meters.
4. For fuel service stations planned near or coinciding with the connection point of another branch road, adjustments must be made so that only one connection point exists at that location, prioritizing the connection point of the pre-existing work or shared use.
Article 22. Planning of connection points to national highways
1. The planning of connection points includes determining the location and form of intersection between national highways and branch roads for constructing traffic junctions and traffic organization schemes to ensure traffic safety and protect road works.
2. The People's Committee of the province shall be responsible for assigning tasks to consulting units with sufficient capacity to develop the planning of connection points and submitting it to local functional agencies for review before reaching an agreement with the Ministry of Transport. The planning of connection points may be carried out for all national highway routes or separately for each national highway route passing through the locality.
3. Agreement on the planning of connection points:
a) The People's Committee of the province sends a request for agreement along with two sets of planning files for connection points (including electronic data of the planning file) to the Ministry of Transport and the Vietnam Highway Corporation;
b) The Vietnam Highway Corporation studies the planning files for connection points submitted by the People's Committee of the province to report and submit to the Ministry of Transport for consideration of the agreement on the planning of connection points; in cases where necessary, the Vietnam Highway Corporation provides comments in writing requesting the locality to supplement and adjust before submitting to the Ministry of Transport for agreement.
Article 23. Procedures for implementing the planning of connection points to national highways
1. Collect information on the current technical grade and planned technical grade of the national highway to which connections are proposed.
2. Survey and compile statistics
a) Existing branch roads as stipulated in Clause 1, Article 20 of this Circular; identifying connection points of branch roads that have been and have not yet been permitted by competent authorities; locations of connection points that comply with current standards regarding traffic junction requirements;
b) Sections of national highways within urban areas and outside urban areas; compiling sections without sufficient land to build bypass roads, facilities, and geographical conditions hindering the continuous construction of bypass roads along the length of the national highway;
c) Branch roads with a cross-section width of less than or equal to 2.5 meters, only used for motorcycles, motorbikes, and primitive vehicles that were spontaneously connected to the national highway before the effective date of Decree No. 186/2004/ND-CP on management and protection of road infrastructure, which must be removed according to Clause 1, Article 29 if there is no need to improve or expand the connection point;
d) Gas stations built according to the planning system of gas stations approved by the People's Committee of the province (or the Ministry of Industry and Trade), classifying gas stations that have been allowed and not allowed to temporarily use the safe road corridor as access roads; in cases where the locality has not yet developed a planning system for gas stations, the agency assigned the task of planning connection points shall cooperate with the provincial state management agency on industry and trade to plan connection points as access roads to gas stations.
3. Summarizing the review opinions of local functional agencies on the following contents: compatibility with socio-economic development planning, land use planning, especially planning for bypass road construction; planning systems for gas stations related to the exploitation and use of connection points.
4. The planning of connection points for each national highway route shall be compiled into separate files for ease of monitoring and management.
Article 24. Documents for planning points of connection to national highways
The documents for planning points of connection to national highways include:
1. Explanation of the planning for points of connection:
a) The socio-economic development situation of the locality and the areas on both sides of the national highway where the points of connection are planned;
b) Current status of the national highway route: road grade, starting point, end point; special locations (urban and town areas; large bridges, tunnels, intersections with railways); traffic safety corridor usage conditions and traffic safety on the section; information about the route's planning;
c) An explanation of the reasons why certain access roads are within the traffic safety corridor; reasons why some planned connection points do not meet the minimum distance requirement between two connection points as prescribed; the schedule for removing small branch roads as stipulated in point c, Clause 2, Article 23;
d) Planning for the system of fuel service stations in the province that have been approved by the competent authority (if applicable);
đ) Urban development planning that has been approved by the competent authority for cities through which the national highway passes (if applicable);
e) Opinions of the Highway Administration Bureau or the Provincial Department of Transport directly managing the national highway regarding the content of the planning for points of connection.
2. Table of planned points of connection:
a) A summary table of key contents concerning the current status and planning of points of connection to the national highway;
b) A map showing the contents of the summary table of the planning for points of connection.
Article 25. Approval and Implementation of Planning
1. Approval and Implementation
a) Based on the agreement document of the Ministry of Transport, the provincial People's Committee approves the planning for points of connection, announces and organizes the implementation of the planning; sends the approved planning documents to the Ministry of Transport and the Vietnam Highway Corporation for coordination in implementation.
b) When constructing new or upgrading, expanding points of connection included in the planning, based on the permission document for using the points of connection issued by the provincial People's Committee, organizations or individuals using the points of connection prepare documents according to Clause 3, Article 26 of this Circular to be processed.
2. After constructing new or upgrading, expanding points of connection according to the approved planning for points of connection, the provincial People's Committee must remove points that do not meet the minimum distance requirement near the connection point.
3. Localities that have agreed on planning for points of connection with the Ministry of Transport or have submitted planning documents for points of connection to the Ministry of Transport and the Vietnam Highway Corporation (by registered mail) before this Circular takes effect, if necessary to adjust and supplement to comply with the provisions of Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP, and this Circular, submit adjusted planning documents for points of connection to the Ministry of Transport and the Vietnam Highway Corporation for review and processing.
Article 26. Approval of Design and Traffic Organization Plan for Intersection Points Connecting to National Highwaysức to Construct Intersection Points Connecting to National Highways
1. Before upgrading or reconstructing intersection points; the project owner assigned by the provincial People's Committee to use the points of connection included in the approved planning for points of connection, based on current standards and requirements for automobile road design, prepares and submits documents to the competent road management agency for approval of the design and traffic organization plan for the intersection points connecting to national highways.
2. The competent authority approves the technical design of intersection points connecting to national highways:
a) The Vietnam Highway Corporation approves the design and traffic organization plan, retains the documents of intersection points related to Class I, Class II, and Class III roads;
b) The Highway Administration Bureau or the Provincial Department of Transport approves the design and traffic organization plan, retains the documents of intersection points related to Class IV roads and below under their management;
3. Documents for requesting approval of the design and traffic organization plan for intersection points include:
a) Request form for approval of technical design and traffic organization plan for intersection points according to Model 3 attached to this Circular;
b) Planning documents for points of connection to national highways approved by the provincial People's Committee (certified copy or original copy for comparison); or agreement document of the Ministry of Transport allowing the connection of branch roads to national highways for cases where there is no approved planning for points of connection to national highways (certified copy or original copy for comparison);
c) Document of the provincial People's Committee (certified copy or original copy for comparison) assigning organizations or individuals as investors or users of the intersection points;
d) Technical design and traffic organization plan for intersection points (with construction measures ensuring traffic safety) prepared by consulting firms permitted to operate in the field of road construction (original copy);
e) Number of documents: 01 set.
4. Procedures and methods of implementation as prescribed in Article 19 of this Circular.
5. Processing time within 10 working days from the date of receipt of complete documents as prescribed.
6. New road projects that connect to national highways and have been approved by the Ministry of Transport or the Vietnam Highway Corporation for technical design do not need to go through the process of requesting approval of technical design and traffic organization plan.
7. The approval document for technical design and traffic organization plan for intersection points is valid for 12 months from the date of issuance. If it exceeds 12 months, an extension must be carried out. The extension procedure is the same as the procedure for extending approval for essential construction works as stipulated in Clause 7, Article 13 of this Circular.
Article 27. Permit for Construction of Interchange Connecting to National Highway
1. The competent authority issuing the permit for construction of interchange connecting to national highway is the Directorate of Roads or the Department of Transport assigned to manage the national highway route.
2. Documents for requesting a permit for construction of interchange connecting to national highway:
a) Application form for construction permit for works according to the model attached as Appendix 4 to this Circular;
b) A document approving construction or design approval of the competent road management agency (certified copy or original copy for verification);
c) Design drawings for construction (including traffic safety measures) approved by the competent authority (original);
d) Number of sets of documents: 02 sets.
3. The procedure and method of implementation are as prescribed in Article 19 of this Circular.
4. Time limit for resolution: within 7 working days from the date of receipt of complete documents as prescribed.
5. The interchange must be inspected and accepted for operation and use by the issuing authority.
6. The project investor is responsible for the quality of the interchange construction affecting traffic safety, durability of the road structure, and must submit 01 set of completion documents for the issuing authority to store and update the interchange in the road management file.
7. The user of the interchange is responsible for maintenance; regular maintenance does not require a construction permit but they must bear responsibility if traffic accidents occur; when repairing the interchange periodically, a construction permit must be requested according to this Article.
Article 28. Temporary Connection to Operating National Highway
1. For projects or construction works due to difficult terrain conditions or technical equipment conditions, temporary connection points may be opened for service roads transporting materials and machinery; at the end of the temporary connection period, the initial state of the road safety zone must be restored.
2. The usage period of the temporary connection point shall not exceed 12 months, in special cases it can be extended once but the total time of opening the temporary connection point shall not exceed 24 months. After this period, the project investor is responsible for removing the temporary connection point and restoring the road safety zone to its initial state; if the project or construction has a construction period exceeding 24 months, a bypass road must be constructed from the project to the nearest interchange point in the approved connection points plan.
3. Documents for requesting a temporary connection to an operating national highway
a) A document requesting approval for a temporary connection specifying the reasons, location, kilometer post of the connection point, and the duration of use of the temporary connection point;
b) An investment approval document or project approval decision by the competent authority, and related documents (if any);
c) A document from the Directorate of Roads (for national highways under its management) regarding the current status of the section with the agreed temporary connection point, impact on traffic safety if the temporary connection point is opened, and proposed solutions;
d) Plan view drawing of the section with the temporary connection point and traffic organization plan of the interchange.
4. Procedure
a) Organizations or individuals requiring a temporary connection submit 01 set of documents to the Department of Transport.
b) Procedures for receiving documents as stipulated in point a, b Clause 2 Article 19 of this Circular.
c) The Department of Transport reviews the documents and submits them to the Provincial People's Committee; the Provincial People's Committee sends a document requesting agreement on the temporary connection point to the Vietnam Highway Administration along with the documents specified in Clause 3 of this Article. The document of the Provincial People's Committee specifies the reasons, location, kilometer post of the connection point, duration of use of the temporary connection point, and opinions related to restoration to the initial state.
d) The Vietnam Highway Administration considers and approves the temporary connection within 10 working days from the date of receipt of complete documents as prescribed; if the temporary connection is not approved, a written response must be given to the Provincial People's Committee.
đ) Within no more than 05 days from the date of the Vietnam Highway Administration's approval document, the Provincial People's Committee issues a response to the project investor.
5. Approval of design and issuance of construction permits for temporary connection points are carried out in accordance with Articles 26 and 27 of this Circular.
Article 29. Resolution of Issues Regarding the Use of Road Safety Zones
1. Rural roads that were spontaneously connected to national highways before the effective date of Decree No. 186/2004/ND-CP may be used for motorcycles, motorbikes, bicycles, and have a cross-section width of less than or equal to 2.5 meters, while a bypass road has not yet been constructed. Such roads shall be allowed to continue to exist and maintain their current status until December 31, 2020.
2. Gas stations that have been connected to national highways according to the approval of competent authorities, if they do not meet the minimum distance requirement between gas stations as stipulated in this Circular, shall be allowed to continue to exist but localities must complete the adjustment or removal according to the planning before December 31, 2020.
For self-built gas stations that illegally connect to national highways or are located within the road safety zone with inadequate scale, the People's Committee of the province shall direct relevant agencies to examine and handle them in accordance with the law.
3. Residential buildings, production facilities, business establishments, and service providers using road safety zone land but not affecting traffic safety or road construction safety may temporarily continue to exist but must maintain their current status without expansion or enlargement. Land users must sign a commitment with the People's Committee of the commune and the entity directly managing the road regarding non-expansion or enlargement. In cases where the facility is deteriorating, has not been compensated by the state, and the user requests its use, the People's Committee of the commune and the road management agency will inventory the land and assets on the land to provide a basis for compensation or agree on repair solutions.
4. Where the use of road safety zone land affects traffic safety or road construction safety, the competent road management authority shall determine the extent of the impact and propose the People's Committee of the competent authority to reclaim the land and resolve compensation and support for land and assets attached to the land existing prior to the announcement of the road safety zone.
5. In cases of encroachment or illegal use of the road safety zone,坚决果断地进行清理,不对违法的组织和个人进行赔偿。
6. The basis for resolving compensation and clearance when it is necessary to relocate existing structures within the road safety zone as stipulated by current laws must refer to the construction time of the structure within the road safety zone.
The Departments of Highway Administration and Provincial Transportation Authorities shall instruct subordinate highway management units to cooperate with the People's Committees of communes based on investigation and archival materials to create straightened diagrams showing the location, construction time, and scale of structures within the traffic safety zone land as stipulated in Decree No. 11/2010/ND-CP according to the following time periods:
a) Structures built before December 21, 1982, which was a period without specific regulations on road safety zones;
b) Structures built from December 21, 1982, to before January 1, 2000, which was a period prohibiting construction, expansion, and encroachment within road protection zones according to Decree No. 203/HĐBT dated December 21, 1982, of the Council of Ministers on the issuance of the Road Regulations;
c) Structures built from January 1, 2000, to before November 30, 2004, which was a period prohibiting construction, expansion, and encroachment within road protection zones according to Decree No. 172/1999/ND-CP dated December 7, 1999, of the Government detailing the implementation of the Traffic Engineering Protection Ordinance for road traffic engineering;
d) Structures built from November 30, 2004, to before April 15, 2010, which was a period prohibiting construction, expansion, and encroachment within road safety zones according to Decree No. 186/2004/ND-CP of the Government;
đ) Structures built from April 15, 2010, which is a period prohibiting construction, expansion, and encroachment within road safety zones according to Decree No. 41/2010/ND-CP of the Government.
Article 30. Responsibilities of the road management unit or the project investor for roads under new construction, upgrading, or expansion projects.n lImprovement
1. To take the lead and coordinate with the People's Committee at the district level and commune level to develop plans for marking boundary markers to define the safe road corridor, submit these plans to the provincial People's Committee for approval; to take the lead and coordinate with the district and commune People's Committees to publicly announce and organize the marking of road boundary markers on-site, hand over to the commune People's Committee for management and protection of the safe road corridor area that has been marked.
2. To regularly inspect and promptly identify any acts of encroachment, occupation, and illegal use of the safe road corridor. Upon discovering violations, they must require the cessation of such violations and immediately notify the commune People's Committee or the Road Inspectorate to cooperate in recording administrative violations and handling them according to their authority.
3. To coordinate with the Road Inspectorate and local government agencies to implement the removal of structures that illegally occupy and use the safe road corridor within their direct management scope; simultaneously, periodically report to the higher-level road management agency about the work of managing the safe road corridor.
Article 31. Responsibilities of the road management agency and People's Committees at all levels.
1. The Road Management Department and the Department of Transport have the responsibility:
a) To develop plans and measures to address unresolved violations of the safe road corridor;
b) To report results and difficulties encountered in the management and protection of road traffic infrastructure to the Vietnam Highway Administration (for national highways) or to the provincial People's Committee (for roads managed by local authorities) to continue implementing solutions;
c) To update data on newly constructed essential works, repair, and upgrade works into the management diagram of essential works along the assigned road;
d) The Road Management Department or the Department of Transport is responsible for retaining files, updating additional information into the management file of the assigned road; sending agreement documents and construction permits to the Vietnam Highway Administration and the Transport Department Inspectorate for monitoring, supervision, and handling of violations according to the law.
2. The Vietnam Highway Administration, based on the provisions of this Circular, organizes the management and protection of road traffic infrastructure for the national highway system throughout the country.
3. Provincial People's Committees
a) To strictly comply with legal regulations regarding land allocation, land leasing, issuance of planning certificates, and construction permits along both sides of the road;
b) To invest in building bypass systems (located outside the safe road corridor) along both sides of national highways according to approved connection point planning; to prevent and stop direct connections to national highways.
4. District People's Committee
a) To remove structures affecting the protected area of road traffic infrastructure in accordance with road development planning without impacting the safety of road structures and transportation activities;
b) To enforce compulsory actions to remove violations, restore order in the road corridor; to prevent and stop repeated encroachments and illegal use of the safe road corridor;
c) To coordinate with the Road Management Unit and the Road Inspectorate to handle, within their authority, acts of infringing upon road structures, acts of encroachment, and illegal use of land reserved for roads.
5. The People's Committee at the commune level
a) To detect and coordinate with the Road Management Unit and the Road Inspectorate to promptly handle, within their authority, acts of encroachment, illegal use of the safe road corridor;
b) To accept and manage, protect road boundary markers.
Article 32. Responsibilities of organizations, individuals, and other agencies
1. Agencies, organizations, and individuals shall be responsible for
a) Protecting the road traffic infrastructure structure, promptly detecting and reporting to the road management agency or the nearest People's Committee any acts violating laws on protecting the road traffic infrastructure structure;
b) Bearing legal responsibility for acts violating regulations on managing and protecting the road traffic infrastructure structure, especially in cases where they fail to comply with requests from road management units or law enforcement agencies when conducting violation records and handling violations within their authority.
2. Road inspectors
a) Shall take the lead and coordinate with road maintenance units to promptly handle acts violating regulations on managing and protecting the road traffic infrastructure structure within their assigned responsibilities;
b) Shall take the lead and coordinate with road maintenance units to complete violation files concerning encroachment on road safety zones and submit them to the district-level People's Committee for compulsory execution;
c) Shall take the lead and coordinate with road maintenance units to complete violation files concerning road construction projects, encroachments, and illegal land use; handle according to their authority. In cases where the violation causes serious consequences, transfer the file to competent authorities for handling in accordance with the law.
3. Law enforcement agencies at local levels, within their tasks and powers, shall be responsible for handling acts violating laws on protecting the road traffic infrastructure structure according to their authority; coordinate with road management units in protecting the road traffic infrastructure structure.
Chapter V
SETTING ROAD PROVINCE NUMBERS AND CODES
Article 33. Principles and Methods for Setting Road Province Numbers
1. The principles and methods for setting road province numbers are stipulated in Article 3 and Article 4 of Decree No. 11/2010/NĐ-CP.
2. Road provinces that have already been assigned numbers before this Circular takes effect shall retain their original numbers.
Article 34. Road Province Codes
1. Road province codes are used to assign numbers to the provincial road system.
2. Road province codes are natural numbers consisting of three digits; the codes for each province and centrally-administered city are specified in Appendix 7 issued together with this Circular.
Chapter VI
ENSURING TRAFFIC AND TRAFFIC SAFETY DURING CONSTRUCTION
WITHIN THE SCOPE OF INFRASTRUCTURE PROTECTION OPERATING ROADS
Section 1
BEFORE CONSTRUCTION
Article 35. Issuing Construction Permits within the Scope of Protection of Operating Road Infrastructure specialized agency under the People's Committee of the province/city.1. The construction of new or repair, renovation, upgrading of essential works, road works, temporary advertising signs within the scope of protection of operating road infrastructure can only be carried out after obtaining a construction permit issued by the General Department of Roads or the Department of Transport (the agency directly managing national highways), based on the model provided in Appendix 5 issued together with this Circular.
2. The project investor or contractor shall submit an application for a construction permit within the scope of protection of operating road infrastructure to the competent road management agency for consideration and resolution in accordance with Articles 13, 14, 16, 17, and 18 of this Circular.
2. The project investor or construction contractor shall submit the application file for permission to construct within the protected area of road traffic infrastructure to the competent road management agency for consideration and resolution in accordance with Articles 13, 14, 16, 17, and 18 of this Circular.
Article 36. Handing Over the Construction Site and Work Area
1. Organizations and individuals who have been granted construction permits or have written agreements for construction must complete the procedures to hand over the work area and site for construction with the road management unit.
2. Organizations and individuals conducting construction shall be responsible for managing and ensuring smooth and safe traffic flow; they shall also bear all responsibilities if they fail to implement sufficient safety measures leading to traffic accidents from the day of handing over the construction site and work area.
Section 2
DURING CONSTRUCTION
Article 37. Measures and Duration of Construction
1. Throughout the construction process, organizations and individuals must strictly adhere to agreed-upon construction measures and duration, ensuring smooth and safe traffic flow as prescribed, and must not damage existing road works. In unavoidable cases, written approval from the competent road management authority regarding protective measures or temporary removal, relocation, and restoration or compensation for damages must be obtained in accordance with the law.
2. Organizations and individuals engaged in construction must comply with the inspection and supervision of the road management unit and road traffic inspectors concerning the implementation of traffic safety regulations during construction as stipulated in this Circular; they shall also bear full responsibility for any traffic safety issues caused by construction.
Article 38. Construction within Road Right-of-Way Areas
1. Organizations and individuals conducting construction within road right-of-way areas must comply with the following provisions:
a) Materials and construction equipment must not obstruct the view of road users.
b) Smoke and dust must not cause environmental pollution or affect traffic safety on operational roads.
c) When installing large-sized equipment, safety measures must be implemented to prevent falling or dropping onto operational roads.
d) Construction must not impact the structure or safety of existing road works.
2. Soil leveling, dumping, or piling up within road right-of-way areas shall not be conducted unless it serves the purpose of lawful construction works.
Article 39. Detour Roads, Temporary Bridges, and Traffic Sign Systems
1. During new bridge construction, if the old bridge continues to be used for traffic, the new bridge construction entity shall be responsible for ensuring safe and uninterrupted traffic flow on the old bridge until the new bridge is handed over for operation.
2. Detour roads and temporary bridges must be completed before the main construction begins. Detour roads and temporary bridges must ensure safe passage for vehicles with load capacities and sizes permitted by the old road. At national highways with technical standards of Class III or higher, detour roads and temporary bridges must have at least two lanes.
3. The traffic safety signaling system must be completed prior to the commencement of main construction in accordance with the current Traffic Signal Regulations.
Article 40. Traffic Wardens
1. During construction, traffic wardens must be present to guide traffic; when construction stops, safety signals such as directional signs, flags, and red lights at night must be displayed.
2. Traffic wardens guiding traffic must wear a red armband on their left arm, equipped with flags, whistles, and lights at night.
Article 41. Signs, badges, and uniforms during construction
1. Organizations and individuals conducting construction must have signs at both ends of the construction section indicating the name of the project management agency or the supervising entity; the name of the construction unit, the construction route, the office address, contact phone number, and the name of the site commander.
2. The site commander must wear a distinctive badge for identification purposes, and workers on the road must wear protective clothing according to regulations.
Article 42. Construction Equipment
1. Construction equipment on the road must be equipped with all necessary safety devices and registered with license plates as required by law.
2. Outside of construction hours, construction equipment must be parked in a designated area. In cases where there is no such area, it must be placed close to the roadside at locations that are easily visible and marked with traffic warning signs.
3. Damaged construction equipment must be moved as close to the roadside as possible and must display warning signs as required.
Article 43. Roadbed, Surface, and Bridge Deck Construction
1. When constructing the roadbed, surface, or bridge deck, sufficient portions of the roadbed, surface, or bridge deck must be reserved for vehicle and pedestrian passage, specifically as follows:
a) For roads and bridges with a width of up to three lanes, at least one lane must be kept open.
b) For roads and bridges wider than three lanes, at least two lanes must be kept open.
2. If it is not possible to maintain a width of at least one lane or if there is a risk of traffic congestion, detour routes or temporary bridges must be constructed.
3. In cases where the road is a single-lane route and the construction width is insufficient to meet the conditions specified in Clause 1 and Clause 2 of this Article, traffic assurance measures must be proposed from the project planning stage (including waterway and railway support); these components must be implemented before the main construction begins, ensuring they are operational before the main construction starts.
4. In cases where excavation is carried out to widen the roadbed, excavation must be completed immediately upon reaching each point. For construction on sections with weak subsoil, where excavation lowers the roadbed by more than two meters, special measures for traffic assurance and emergency response during adverse weather must be approved by the supervisory consultant and the construction project owner.
5. During foundation and surface construction: the length of the construction front must not exceed 300 meters, and construction fronts must be at least 500 meters apart. During the rainy season, construction must be completed in full for each section after each shift and each day, without allowing materials to flow onto both sides of the road, causing damage to people's property and environmental pollution.
6. In cases where transverse culverts are constructed without a traffic detour:
a) Only up to half the width of the road surface can be worked on, with the remaining half reserved for traffic;
b) On roads with high vehicle traffic, only up to one-third of the road width can be worked on, with the remaining two-thirds reserved for traffic;
c) On roads with technical standards from Class III upwards, if two lanes cannot be maintained for traffic, temporary widening must be done to ensure two lanes;
d) On roads with technical standards of Class IV, V, and VI, if one lane cannot be maintained for traffic, temporary widening must be done to ensure one lane;
đ) When construction is carried out as prescribed in points a, b, c, and d of this Clause, barriers must be installed around the excavation pit and warning signs must be placed according to current traffic sign regulations.
7. During construction on the road, appropriate construction plans and schedules must be developed based on the characteristics of each type of work.
Article 44. Construction Materials
1. Construction materials may only be placed on the road for up to two to three construction sections at a time; the length of material placement shall not exceed 300 meters; they shall not be placed parallel on both sides to narrow the roadbed and surface.
2. All excess materials must be completely cleared from the road before the rainy season. In cases where bridge and road accidents occur due to rain and floods, safety measures for traffic must be prepared and submitted to the local highway management unit for coordination.
3. No materials that obstruct traffic, compromise traffic safety, or cause environmental pollution shall be left on the road.
Article 45. Construction Using Explosives or Road Closures
1. The use of explosives in construction
a) Must comply with legal regulations on the use of explosive materials;
b) Blasting shall not occur between 7 PM and 6 AM the following morning near residential areas;
c) For projects involving large-scale blasting work with multiple contracts and construction fronts, the project sponsor must consult the local government regarding blast times, coordinate with the licensing authority, and announce this information through public media outlets.
2. Road closures and prohibitions
a) Shall not exceed one hour and must be separated by at least four hours to ensure smooth traffic flow;
b) Must schedule road closures during off-peak hours;
c) If exceeding the time specified in point a of this clause, approval from the Vietnam Highway Administration is required for national highways, and from the Department of Transportation for local roads.
Article 46. Tree Cutting Along Roads
1. Tree cutting along roads must include warning signs, guard posts at both ends, and ensure safe distances;
2. Trees shall not fall onto the road causing traffic obstructions. In unavoidable cases, trees must be quickly moved to the roadside.
3. Branches and other objects shall not be dropped from heights onto the road surface.
Article 47. Bridge, Embankment, and Tunnel Repair Construction
1. Bridge, embankment, and tunnel repair construction without using road closure measures must ensure traffic as follows:
a) Install narrow road warning signs, speed limit signs, and construction site warning signs according to regulations;
b) Set up barriers and have traffic controllers present 24/7;
c) Construction materials and equipment must be placed within barriers separating the construction area from the traffic lane;
d) Electrical and water systems serving construction must be regularly inspected to prevent accidents.
2. If these provisions in Clause 1 of this Article cannot be met, an alternative route must be provided as stipulated in Article 39.
Article 48. Widening Approaches to Ferry and Pontoon Bridges
1. When repairing or widening approaches to ferry and pontoon bridges, the remaining portion of the approach must meet the following requirements:
a) Not less than 4 meters for pontoon bridge approaches;
b) Not less than 6 meters for ferry approaches.
2. Adequate safety equipment must be provided.
3. If the minimum width requirement is not met, ensuring safety for vehicles approaching ferries and pontoon bridges, temporary landing stages must be constructed.
Article 49. Salvage Operations for Sunken Ferries and Pontoons
1. Salvage operations for sunken ferries and pontoons, including the clearance of obstacles in the riverbed under bridges, must have complete navigational aids and inland waterway warning systems as prescribed.
2. The channel for ferry and pontoon bridge operations must be cleared to ensure normal operation and avoid traffic congestion.
Article 50. Clearing the construction site and handing over the project site
1. After completing the construction of a section not exceeding 01 km in length or 01 bridge or 01 culvert, the construction organization or individual must clear all obstructions, restore the road surface to ensure smooth and safe traffic flow.
2. Prior to acceptance and handover of the project, the construction organization or individual must remove and relocate machinery, equipment, and materials; clean up obstructions and repair any damages (if any) caused by construction on the road.
3. After completing the tasks stipulated in Clause 1 and Clause 2 of this Article, the construction organization or individual shall report to the investor to organize the acceptance and handover of the completed project for operation and use in accordance with regulations; hand over the construction site and land to the road management unit; the handover must be recorded in a protocol.
4. The road management unit must inspect the actual condition of the site; if it finds that the site has not been cleared, or that the road infrastructure has been damaged due to construction without being repaired and restored to its original state, it has the right to refuse to accept the handover or demand compensation in accordance with the law.
Article 51. Projects completed but not yet accepted and handed over
1. The investor must promptly complete the acceptance and handover procedures to put the project into operation and use in accordance with current laws on project investment and construction management.
2. For projects constructed on operational roads, the contractor must continue to ensure traffic and traffic safety until the project is accepted and handed over to the road management unit.
3. For projects constructed on unoperational roads, the contractor must protect the project and prevent vehicles from entering the traffic until the traffic clearance order is issued, and bear full responsibility related to the project until it is handed over to the management unit.
Article 52. Responsibilities of the Investor
1. The investor is responsible for supervising and urging the contractor throughout the construction process to ensure compliance with legal provisions on ensuring traffic order and safety during construction on operational roads.
2. When signing a construction contract, the investor must agree with the contractor on terms and clauses regarding penalties for violations or termination of the contract if the contractor fails to fully comply with the provisions on ensuring traffic and traffic safety during construction within the designated road area, causing traffic safety issues and congestion.
Chapter VII
TRAFFIC SAFETY ASSESSMENT OF ROADS
Article 53. Stages of Traffic Safety Assessment
1. For new, upgraded, or reconstructed roads
a) A mandatory traffic safety assessment must be conducted at the technical design stage (three-step design project) or construction drawing design stage (two-step design project), and prior to putting the project into operation.
b) In addition to the mandatory stages mentioned above, the authority deciding on investment may decide to conduct a traffic safety assessment at any time during the project planning, design, and construction phases if deemed necessary.
c) For projects decided upon by local authorities as the investment decision-making body, depending on actual conditions, they may follow the provisions of point a and point b of Clause 1 of this Article or follow the provisions of Clause 1 of Article 13 of Decree No. 11/2010/NĐ-CP.
2. For operational road projects
a) Operational road projects must undergo a traffic safety assessment when one of the situations specified in Clause 2 of Article 13 of Decree No. 11/2010/NĐ-CP occurs.
b) The authority deciding and organizing the traffic safety assessment as stipulated in Clause 2 of Article 54 of this Circular decides to approve the list of sections requiring a traffic safety assessment proposed by the road management unit in accordance with point a of this Clause.
Article 54. Authority to Decide and Organize Traffic Safety Appraisal
1. For new road construction projects, upgrading, and renovation
a) The Ministry of Transport decides and organizes the traffic safety appraisal for projects invested by the Ministry of Transport, and public-private partnership (PPP) investment projects for expressways and national roads. The project sponsor and the PPP investor are responsible for organizing the traffic safety review.
b) The Vietnam Highway Corporation decides and organizes the traffic safety appraisal for projects decided to be invested on national roads by the Vietnam Highway Corporation. The project sponsor is responsible for organizing the traffic safety review.
c) The People's Committee of the province decides and organizes the traffic safety appraisal for projects decided to be invested by the provincial People's Committee, urban roads, provincial roads, and district roads under the PPP form. The project sponsor and the investor are responsible for organizing the traffic safety review.
2. For operational road projects
a) The Ministry of Transport decides and organizes the traffic safety appraisal for expressways and national roads invested under the PPP form. The management unit assigned to manage expressways and the investor are responsible for organizing the traffic safety review of the road.
b) The Vietnam Highway Corporation decides and organizes the traffic safety appraisal for national roads. Units assigned to manage national roads (the Road Management Bureau, the Department of Transportation) are responsible for organizing the traffic safety review of the road.
c) The People's Committee of the province decides and organizes the traffic safety appraisal for urban roads, provincial roads, and district roads (including those invested under the PPP form and local roads within the administrative area). Units assigned to manage roads, investors, organizations, and individuals with dedicated roads are responsible for organizing the traffic safety review of the road.
Article 55. Bases for Traffic Safety Appraisal
1. For newly constructed, upgraded, or renovated roads
a) The decision of the competent authority stipulated in Clause 1, Article 54 of this Circular regarding the authority to decide and organize the traffic safety appraisal and the stages of traffic safety appraisal;
b) Project files: investment report for construction works, basic design, technical design (for three-stage design projects) or construction drawing design (for one-stage and two-stage design projects) and related project files and documents;
c) Vietnamese Construction Standards, national technical standards, and mandatory standards applicable to the project as decided by the competent authority;
d) The traffic safety review outline approved by the project sponsor according to Circular No. 45/2011/TT-BGTVT dated June 10, 2011, issued by the Minister of Transport on traffic safety review costs for newly constructed road works; upgraded and renovated works;
e) In cases where traffic safety appraisal is conducted before the works are put into operation, there must be a written opinion from the organization directly managing traffic (Road Management Bureau, Department of Transportation) about the impact of the project on traffic safety.
2. For operational roads
a) The decision approving the route or section to be appraised for traffic safety by the competent authority stipulated in Clause 2, Article 54 of this Circular;
b) Completion files, road management files of the direct management agency of the route or section, accident files;
c) Vietnamese Construction Standards, national technical standards, and related standards;
d) The traffic safety review outline approved by the competent authority according to Joint Circular No. 71/2014/TTLT-BGTVT-BTC dated December 10, 2014, issued by the Ministers of Transport and Finance on traffic safety review costs for operational road works.
Article 56. Procedures for traffic safety review and assessment for new construction projects, upgrades, and renovations
1. Traffic safety review consulting services shall carry out the following basic contents:
a) Collect necessary files and documents; update information on accidents that have occurred if conducting a traffic safety review for upgrade and renovation projects;
b) Study collected documents to identify potential traffic safety issues; propose preliminary solutions for each issue; predict the list of potential traffic safety issues and matters requiring attention during on-site inspections;
c) Conduct on-site inspections to determine, compare, and identify potential traffic safety issues (taking into account weather conditions, population density, and customs). When conducting a traffic safety review before road operation, on-site inspections must be carried out both day and night;
d) Seek opinions from local residents along the route (if applicable) regarding accident issues and transportation needs;
đ) Prepare a traffic safety review report detailing potential traffic safety issues and proposing measures to address them according to the provisions of Article 62 of this Circular and submit it to the project sponsor or investor;
2. The project sponsor or investor shall consider the traffic safety review report submitted by the traffic safety review unit, prepare a submission for approval of the traffic safety review report by the competent authority;
3. The competent authority shall organize the assessment of the traffic safety review report and issue a document approving the results of the traffic safety review report;
4. The investment decision-maker and the project sponsor are responsible for incorporating the traffic safety assessment results into the project for supplementary approval;
Article 57. Procedures for traffic safety review and assessment during operation
1. Traffic safety review consulting services shall carry out the following basic contents:
a) Collect necessary files and documents; gather information on traffic accidents and traffic safety issues that have occurred on the reviewed route or section;
b) Study collected documents to identify potential traffic safety issues; propose preliminary solutions for each issue; predict the list of potential traffic safety issues and matters requiring attention during on-site inspections; predict traffic safety inadequacies at intersection areas;
c) Conduct on-site inspections to determine, compare, and identify potential traffic safety issues (taking into account weather conditions, population density, and customs). On-site inspections must be conducted both day and night and under adverse weather conditions (rain, fog); the inspection must involve the direct management agency or unit receiving the road management;
d) Work with the direct road management agency, the local traffic safety committee, and traffic police responsible for ensuring traffic safety on the route to discuss potential traffic safety issues; propose recommendations to improve traffic safety for the reviewed route or section;
đ) Prepare a traffic safety review report detailing potential traffic safety issues and proposing measures to address them according to the provisions of Article 62 of this Circular and submit it to the direct road management agency or unit, and the investor;
2. The direct road management agency or unit and the investor shall consider the traffic safety review report, prepare a submission for approval of the traffic safety review report by the competent authority;
3. The competent authority shall organize the assessment of the traffic safety review report and issue a document approving the results of the traffic safety review report;
4. The direct road management agency or unit is responsible for incorporating the traffic safety assessment results and implementing them according to current regulations.
Article 58. Content of traffic safety review and assessment during the project proposal stage for construction works or economic-technical reports on construction worksconcerning the classification and determination of state management authority in the field of crop production 1. Reviewing overall solutions regarding the technical scale of the project
a) The suitability of route options passing through control points, intersection positions, distances between junctions (level crossings, direct intersections, interchanges);
b) The rationality of design plans for works along the route, drainage systems, geological, climatic and hydrological conditions; the impact on landscape and environment, service facilities, access roads to residential areas and other areas, fire truck and ambulance access routes; future expansion potential.
2. Geometric characteristics of the plan view, longitudinal profile, typical cross-section, changes in cross-section, traffic organization, design standards.
3. Driver visibility, transition sections, driver recognition and reaction capability.
4. Visibility when entering and at intersections, overall layout, cross-sectional views.
5. Evaluation of the impact of roadside structures, pedestrian facilities, non-motorized vehicles, and road motor vehicles.
6. Safety measures during construction, demonstrated through comprehensive safety assurance solutions during the construction process (detour routes, temporary bridges, construction site layout, traffic signs, lighting, traffic control).
7. Other traffic safety aspects not mentioned above.
Article 59. Content of traffic safety review and assessment during the detailed design phase (for three-stage design projects) or construction drawing design phase (for one-stage and two-stage design projects) and during the construction period
1. Reviewing changes from the project proposal stage for construction works (if any) or economic-technical reports on construction works concerning: drainage systems, geological, climatic and hydrological conditions; environmental landscape impacts of service facilities, roads through residential areas and other areas, fire truck and ambulance access routes; future expansion potential; traffic safety factor, theoretical speed profile.
2. Specific issues regarding geometric characteristics of the plan view, typical longitudinal and transverse profiles, changes in cross-section, general layout, curb and sidewalk treatment; focusing on reviewing and assessing traffic safety assurance conditions when some design technical criteria for roads deviate from Rmin, Rlồi, Rlõm, sight distance design, longitudinal profile; locations of cut and fill slopes with significant heights.
3. Detailed routing elements: transition sections, driver recognition and handling capabilities, geometric design details, handling at bridge and culvert locations.
4. Intersections and connection points
a) Visibility when vehicles enter the intersection and at the intersection, overall layout of the intersection (interchange and direct intersection), access roads to the intersection, driver observation capability, geometric design details of the intersection, traffic islands, lighting;
b) Locations of connection points, analysis of the rationality or irrationality of traffic safety technical standards such as: distances between intersections, connection point locations, structural scale, technical factors related to plan view, longitudinal profile, transverse profile, longitudinal slope and connecting distance.
5. Evaluation of the impact of roadside structures, facilities ensuring traffic safety for pedestrians, non-motorized vehicles, and road motor vehicles
a) Assessing the impact of structures violating road safety zones according to Decree No. 11/2010/ND-CP and Decree No. 100/2013/ND-CP of the Government, fully documenting structures within the road safety zone before and after construction (studying land clearance plans);
b) Reviewing the impact of mixed vehicle flows, actual speed reduction compared to design speeds, and loss of traffic safety when allowing mixed flow operation.
6. Traffic signs, road markings, lighting, and traffic control: identifying unreasonable aspects of the traffic safety system, proposing specific adjustments (modifications or additions) to complete the traffic safety system before putting the work into operation.
7. Other works: structures close to the running lane that pose potential traffic safety risks such as median strips, crash barriers, guardrails, rumble strips, safety solutions proposed by the design consultant.
8. Detailed bridge, tunnel, and culvert designs: reviewing the rationality of the location and layout of the works, longitudinal slopes at both ends of the bridge, tunnel, connecting roads, and the scale of the bridge, tunnel, and culvert structures.
9. Traffic safety measures during construction, including equipment layout, activities during the construction process, traffic management and operation, specific safety solutions (detour routes, temporary bridges, construction sequences), particularly noting improvements for renovation and upgrade projects.
10. Other traffic safety issues not mentioned above.
11. The review and assessment report must compile and evaluate impacts on traffic safety, thereby recommending the maximum permissible speed for vehicles upon completion of the project.
11. The report on the results of examination and evaluation must compile an assessment of the impacts on traffic safety, thereby recommending the maximum permissible speed for vehicles upon completion of the project.
Article 60. Contents of traffic safety review and assessment during the pre-completion acceptance phasei 1. The organization conducting the traffic safety review shall take the lead and coordinate with units including: the project owner, traffic police, supervisory consultants, construction units, and agencies or units directly managing operation to examine and inspect the contents mentioned in the traffic safety review reports of previous stages, comparing them with the actual construction results on site (comparing approved design documents with the actual site conditions and the current road conditions), particularly issues related to traffic organization, traffic control for unpowered vehicles and pedestrians; turning lanes, bus stops, obstacles, road surface damage, encroachment, and violations of road safety corridors.
2. Propose additional or adjusted solutions to ensure maximum traffic safety before the project is put into operation.
Article 61. Contents of traffic safety review and assessment during the operational phase of the road
The organization entrusted with the traffic safety review shall take the lead and coordinate with agencies or units directly managing the road to examine and inspect the contents outlined in the approved traffic safety review framework, comparing design documents (as-built documents) with the actual site conditions and traffic volume, the actual traffic situation on the road, and the encroachment of road safety corridors on both sides of the road (including the safety corridors of bridge and culvert structures) to promptly identify factors and risks leading to traffic safety loss, paying attention to traffic organization and control for unpowered vehicles and pedestrians, auxiliary lanes, turning lanes, bus stops, obstacles blocking visibility, advertisements (in urban areas), and the connection to priority roads, unreasonable technical elements arising during operation, road surface damage, and locations where road corridors have been violated.
Article 62. Traffic Safety Review Report
The traffic safety review report includes the following main contents:
a) Name of the project and the stage of the review work carried out;
1. General Information
b) Name of the head of the review and the reviewer;
c) List of collected documents.
2. Main contents
a) Brief description of recommendations;
b) Details from field inspections and evaluations;
c) Detailed description of potential traffic safety risks and proposed remedial measures.
Article 63. List of Contents to be Considered During Traffic Safety Review and Assessment of Roadways
The list of contents to be considered during traffic safety review and assessment of roadways is specified in Appendix 6 issued together with this Circular.
Article 64. E
Chapter VII
IMPLEMENTING PROVISIONS
1. This Circular takes effect from January 1, 2016, and replaces Circular No. 39/2011/TT-BGTVT dated May 18, 2011, issued by the Minister of Transport.ệnto effecitselffor implementation
Article 65. Implementation Organization
2. The referenced Circulars herein shall be applied according to the amended, supplemented, or replaced texts thereof if there are any amendments, supplements, or replacements.
1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Chairmen of Provincial People's Committees, the Directors of the Vietnam Highway Administration, and the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.
1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Chairmen of the People's Committees of provinces, the Director of the Vietnam Highway Corporation, and the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.
2. During the implementation process, if any difficulties arise, the agencies, organizations, and individuals should report to the Vietnam Highway Corporation for consolidation and reporting to the Ministry of Transport for consideration and resolution./.
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