Circular No. 52/2013/TT-BGTVT on the management, operation, and maintenance of road works

CIRCULAR

Provisions on management, operation, and maintenance

of road works|||

___________

Pursuant to the Construction Law dated November 26, 2003;

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 114/2010/NĐ-CP dated December 6, 2010 of the Government on maintenance of construction works;

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

Pursuant to Decree No. 10/2013/NĐ-CP dated January 11, 2013 of the Government on the management, use, and operation of road infrastructure assets;

Pursuant to Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction project quality management;

Pursuant to Decree No. 108/2009/NĐ-CP dated November 27, 2009 of the Government on investment under Build-Operate-Transfer (BOT) contracts, Build-Transfer-Operate (BTO) contracts, and Build-Transfer contracts; Decree No. 24/2011/NĐ-CP dated April 5, 2011 of the Government amending and supplementing certain articles of Decree No. 108/2009/NĐ-CP dated November 27, 2009 of the Government on investment under BOT contracts, BTO contracts, and Build-Transfer contracts;

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

The Minister of Transport issues this Circular stipulating the management and maintenance of road works,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the management and maintenance of road works, including the maintenance procedures and operation of road works; the content of management and organization for implementing the maintenance of road works. This Circular does not regulate the management, operation, and maintenance of expressway works.

2. This Circular applies to organizations and individuals related to the management, operation, and maintenance of road works within the territory of Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Maintenance of road works means the collection of tasks aimed at ensuring and maintaining the normal and safe operation of the works according to the design specifications throughout the exploitation and usage process.

2. Maintenance procedure of road works is the regulation regarding the sequence, content, and guidance for performing maintenance tasks of road works.

3. Central road system includes national highways and other road routes under the management of the Ministry of Transport.

4. Local road system includes provincial roads, district roads, commune roads, urban roads, and other roads under the management of the People's Committee of the province, city directly under the central government (hereinafter referred to collectively as the Provincial People's Committee), the People's Committee of the district, town, city directly under the province (hereinafter referred to collectively as the District People's Committee), and the People's Committee of the commune, ward, town (hereinafter referred to as the Commune People's Committee).

5. Road management agency refers to the General Department of Roads of Vietnam, the Road Management Bureau, the Department of Transport, the Provincial People's Committee, the District People's Committee, and the Commune People's Committee.

6. Road project enterprise investing in construction and management of road works refers to BOT project enterprises, other project enterprises, and enterprises assigned by the State to invest in construction, manage, and operate road works.

7. Owner of specialized road works refers to organizations or individuals owning specialized road works in accordance with the law or organizations or individuals authorized by the owner of specialized road works to manage, operate, use, and maintain such works in accordance with the law.

8. Road maintenance contractor refers to organizations or individuals entrusted by road management agencies, enterprises investing in and managing the operation of road works, and owners of specialized road works to undertake one or more maintenance and operation tasks of road works. Contractors for road work maintenance include: contractors for road work management, maintenance, and operation; contractors for repair construction, and other contractors participating in road work maintenance tasks.

Article 3. Requirements for management and maintenance of road construction projects

1. Road construction projects when put into operation and use must be managed, operated, and maintained in accordance with the provisions of the Road Traffic Law, 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. 11/2010/ND-CP), Decree No. 100/2013/ND-CP dated September 3, 2013 of the Government amending and supplementing certain articles of Decree No. 11/2010/ND-CP dated February 24, 2010 (hereinafter referred to as Decree No. 100/2013/ND-CP), Decree No. 114/2010/ND-CP dated December 6, 2010 of the Government on maintenance of construction works (hereinafter referred to as Decree No. 114/2010/ND-CP), Decree No. 10/2013/ND-CP dated January 11, 2013 of the Government on management, use, and operation of assets of road traffic infrastructure (hereinafter referred to as Decree No. 10/2013/ND-CP), related regulatory legal documents, and the provisions of this Circular.

2. Maintenance of road construction projects must be carried out in accordance with the provisions of the maintenance procedures, technical standards, and specifications for maintenance of road construction projects published by competent authorities. Organizations implementing maintenance must comply with relevant laws and the provisions of this Circular.

3. The maintenance procedure for road construction projects shall be established in accordance with the components of the project, equipment installed in the project, type of project (road, bridge, tunnel, ferry terminal, pontoon bridge, and other projects), level of the project, and purpose of use.

The maintenance procedure shall be clearly and publicly displayed in Vietnamese on paper, disk, or other media. In cases where the maintenance procedure for construction projects funded by official development assistance (ODA) is prepared in English by consulting organizations or foreign contractors, the project sponsor or project management board shall be responsible for translating it into Vietnamese before handing over the project for operation and use.

4. Management, operation, and maintenance of road construction projects must ensure safe and smooth traffic, safety for people and property, safety of the project, prevention and control of fire and explosion, and environmental protection.

5. Management and maintenance of the following projects shall be carried out in accordance with the provisions of this Circular and other relevant laws, specifically:

a) For civil construction projects and urban technical infrastructure projects: carried out in accordance with the provisions of the law on maintenance of civil construction projects, industrial building material construction projects, and urban technical infrastructure projects;

b) For power supply projects, lighting fixtures, and traffic signal lights: carried out in accordance with the provisions of the law on maintenance of such projects and equipment; landscaping and maintenance of greenery and grassland shall be carried out in accordance with relevant laws;

c) For equipment installed in projects: carried out in accordance with the manufacturer's instructions and relevant laws;

d) For anti-scouring projects, flow regulation projects, and other projects related to inland waterway transport, irrigation, and other projects: carried out in accordance with specialized laws.

Article 4. Contents of Road Infrastructure Maintenance

The contents of road infrastructure maintenance include one, several, or all of the following works: inspection, monitoring, quality testing, maintenance, and repair of road infrastructure.

1. Inspection of road infrastructure is the act of examining through visual observation or specialized equipment to assess the current condition of the infrastructure in order to detect damage or signs of damage for timely remediation measures.

2. Monitoring of road infrastructure involves observing, measuring technical parameters of the infrastructure according to design requirements during its operation.

a) Monitoring of infrastructure shall be carried out in cases where there is a need to monitor the performance of road infrastructure to prevent accidents leading to disasters involving people, property, environment, and other cases as required by the investment decision maker, project investor, infrastructure owner, road management agency, and competent state authorities.

b) In addition to the cases stipulated in point a, Clause 2 of this Article, mandatory monitoring applies to infrastructure projects and components specified in Appendix I of this Circular.

c) Monitoring shall be conducted in accordance with Article 13 of Decree No. 114/2010/NĐ-CP.

3. Quality testing of road infrastructure includes activities of inspecting and determining the quality or assessing the compliance of the infrastructure's quality with design requirements, technical standards and norms through visual examination combined with analysis and evaluation of test data. Quality testing for road infrastructure maintenance shall be implemented in accordance with Article 12 of Decree No. 114/2010/NĐ-CP.

4. Regular maintenance of road infrastructure consists of activities of monitoring, caring for, and repairing minor damages, maintaining installed equipment on the infrastructure, carried out regularly and periodically to maintain the infrastructure in normal operating and usage conditions and to limit the occurrence of infrastructure damage.

5. Repair of road infrastructure involves activities to rectify damage discovered during operation and use to ensure the normal and safe functioning of the infrastructure. Road infrastructure repair includes regular repair and emergency repair, specifically:

a) Regular repair of road infrastructure is the activity of repair carried out according to a plan to restore and improve the technical condition of the infrastructure that cannot be addressed by regular maintenance, including: repair of damage; replacement of damaged parts of the infrastructure, equipment, and technology carried out periodically as prescribed in the road infrastructure maintenance procedures.

b) Emergency repair of road infrastructure is the activity of repair that must be carried out abnormally when parts of the infrastructure or the entire infrastructure suffer damage due to sudden impacts such as storms, floods, earthquakes, collisions, explosions, or other sudden natural disasters, or when there are indications that could cause sudden damage affecting the safety of use and operation of the infrastructure or the potential for accidents leading to disasters.

Article 5. Responsibilities of organizations and individuals regarding management and maintenance of road construction projects

1. Responsibilities of the Vietnam Highway Administration:

a) Assist the Minister of Transport in state management of the management and maintenance of road construction projects nationwide;

b) Organize the management, operation, and maintenance of central road systems under the Ministry of Transport's jurisdiction;

c) Inspect the Road Management Agencies and Provincial Departments of Transport entrusted with managing national highways in their management, operation, and maintenance of road construction projects according to standards, regulations, laws, and assigned plans;

d) Inspect enterprises investing in construction and managing operations of road construction projects under the central road system to ensure smooth and safe traffic as stipulated by the Road Traffic Law, Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP, relevant laws, and this Circular;

đ) Annually compile the situation of management and use of road transport infrastructure assets reported by the Road Management Agencies and Provincial Departments of Transport, and report to the Ministry of Transport as prescribed in Article 33 of Decree No. 10/2013/ND-CP;

e) Suspend contractors on operational roads when violations of construction permits on roads or ensuring traffic safety on managed roads are discovered;

g) Decide and implement emergency traffic assurance measures on central road systems when necessary;

h) Handle or recommend competent authorities to handle organizations and individuals violating management, operation, and maintenance of road construction projects within the central road system under the Ministry of Transport's jurisdiction;

k) Fulfill other rights and responsibilities for the management, operation, and maintenance of road construction projects as prescribed by relevant laws;

2. Responsibilities of the Road Management Agencies and Provincial Departments of Transport entrusted with managing national highways:

a) Directly organize the implementation of management, operation, and maintenance of road construction projects for assigned roads, ensuring safe and smooth traffic;

b) Select and sign contracts with maintenance contractors in accordance with the law; supervise and inspect maintenance contractors' implementation of management, operation, and maintenance of road construction projects to ensure quality, progress, safety, traffic assurance, and environmental protection; comply with technical standards, maintenance procedures, and this Circular's provisions;

c) Compile and prepare reports on the management, operation, and maintenance of road construction projects within their jurisdiction;

d) Report annually to the Vietnam Highway Corporation before January 10 on the management and use of road transport infrastructure assets within their jurisdiction;

đ) Handle or recommend competent authorities to handle organizations and individuals violating management, operation, and maintenance of road construction projects within their jurisdiction;

e) Fulfill management and maintenance responsibilities for roads as prescribed by this Circular, laws, and the Vietnam Highway Corporation's delegation and authorization;

3. Responsibilities of Provincial Departments of Transport for local road systems:

a) Based on this Circular and relevant laws, advise provincial People's Committees on the management, operation, and maintenance of road construction projects within their jurisdiction;

b) Fulfill state management responsibilities for local road systems; organize the implementation of management and maintenance of assigned roads according to provincial People's Committee regulations and laws;

c) Report annually to the Vietnam Highway Corporation before January 10 on the management and use of local road transport infrastructure assets;

d) Fulfill other responsibilities for the management and maintenance of road construction projects within local road systems as prescribed by relevant laws;

4. Responsibilities of District People's Committees and Commune People's Committees: Implement management, operation, and maintenance of district and commune roads and other roads within their jurisdiction as prescribed by provincial People's Committees and laws; annually report to Provincial Departments of Transport on the management and use of road transport infrastructure assets within their jurisdiction;

5. Responsibilities of contractors managing, maintaining, operating, monitoring, and other activities to maintain road construction projects:

a) Implement management and maintenance of assigned road construction projects according to this Circular, technical standards and procedures for maintenance or operation (for projects with operation procedures), contract contents signed with road management agencies (or owners of dedicated road construction projects, enterprises investing in construction and managing operations of road construction projects), and relevant laws;

b) Report to road management agencies (or owners of dedicated road construction projects, enterprises investing in construction and managing operations of road construction projects) on the management, maintenance, and operation of road construction projects according to this Circular, regular maintenance technical standards, maintenance procedures, and other related regulations;

6. Responsibilities of enterprises investing in construction and managing operations of road construction projects:

a) Be responsible to road management agencies and competent authorities for organizing management, operation, and maintenance of road construction projects under their management, ensuring safe and smooth traffic and compliance with laws;

b) Comply with inspections by state agencies and fulfill rights and obligations as prescribed by this Circular and relevant laws;

c) Periodically and urgently report to the Vietnam Highway Administration (for highway projects under the central road system) and the Department of Transport (for highway projects under the local road system) on the management, operation, and maintenance of the projects under their control in accordance with this Circular and other relevant regulations issued by competent state authorities.

d) In addition to complying with the provisions set out in points a, b, and c of Clause 6 of this Article, the BOT project enterprise and other project enterprises shall be responsible before the state authority that signed the Project Contract for implementing the Project in accordance with the Investment Certificate and the conditions agreed upon in the Project Contract.

7. The owner of dedicated highway projects shall be responsible for implementing the provisions set out in points a and b of Clause 6 of this Article and relevant laws.

8. Responsibilities of the project investor and construction contractor for ongoing road improvement, expansion, and extension projects:

a) Maintain the highway project from the date of handover to implement the project;

b) Implement traffic safety measures, traffic duty, participate in handling traffic accidents and infrastructure incidents according to this Circular and relevant laws;

c) Comply with the handling, inspection, and supervision by the road administration agency and other competent state authorities in the implementation of this Circular and relevant laws.

Chapter II

MAINTENANCE PROCEDURES AND OPERATION PROCEDURES

HIGHWAY PROJECTS

Article 6. Responsibility for establishing maintenance procedures for highway projects

1. For highway construction investment projects:

a) The technical design contractor (for three-stage design projects) and the construction drawing design contractor (for one or two-stage design projects) shall be responsible for preparing and transferring to the project investor the maintenance procedures for the project and its components designed by them along with the design documentation;

b) The equipment supplier shall be responsible for preparing and transferring to the project investor the maintenance procedures for the equipment supplied by them prior to the acceptance and commissioning of the equipment for operation and use;

c) In cases where the design contractor and equipment supplier as stipulated in point a and point b of Clause 1 of this Article cannot prepare the maintenance procedures, the project investor shall hire a consulting organization with the required qualifications as prescribed by law to prepare the maintenance procedures. The cost of hiring the consulting organization to prepare the maintenance procedures shall be taken from the contract amount signed with the design contractor or the equipment supplier.

2. For projects currently in use but without established maintenance procedures, the road administration agency, the enterprise investing in and operating the highway project, and the owner of dedicated highway projects shall organize the preparation or hire consultants to prepare the maintenance procedures for the highway projects.

3. It is not mandatory to establish maintenance procedures for the following projects or project components:

a) Temporary works, except where otherwise provided by law. In such cases, the road administration agency and the owner of dedicated highway projects must still carry out maintenance in accordance with Decree No. 114/2010/ND-CP and the provisions of this Circular;

b) Projects or project components that already have technical standards for maintenance issued by competent authorities.

Article 7. Content and basis for establishing maintenance procedures for road works

1. The content of the maintenance procedure for works to be established must ensure comprehensive coverage of all parts of the works as stipulated in Clause 3, Article 6 of Decree No. 114/2010/NĐ-CP.

2. The bases for establishing maintenance procedures for road works include:

a) Technical standards applicable to the project;

b) Maintenance procedures of similar works (if available);

c) Design documents (including adjusted design documents, if available), construction technical guidance for works;

d) Manufacturer's instructions, supply and installation guidance for equipment into works;

đ) Natural conditions at the construction site;

e) Experience in managing and using works and installed equipment;

g) Relevant regulations of competent state agencies.

3. For works that have been handed over for use but do not yet have maintenance procedures, in addition to the provisions of Clause 2 of this Article, the establishment of maintenance procedures must also be based on completion documents for the works, as-built drawings, and the actual operational capacity of the works.

Article 8. Review and approval of maintenance procedures for road works

1. For projects investing in the construction of road works, the review and approval of maintenance procedures shall be carried out in accordance with the provisions of Article 7 of Decree No. 114/2010/NĐ-CP.

2. For works that have been put into operation but do not yet have maintenance procedures, the responsibility for review and approval shall be as follows:

a) For central road systems funded by the Central Road Maintenance Fund, state budget capital, and capital derived from the state budget, the Ministry of Transport shall organize the review and approval of maintenance procedures for the following works: special-class roads, highway tunnels equipped with ventilation systems, and special-class and first-class bridges, as well as bridges and tunnels using new technologies, structures, and materials.

The Vietnam Highway Administration shall review and approve maintenance procedures for road works funded by the Central Road Maintenance Fund, state budget capital, and capital derived from the state budget, except for works approved by the Ministry of Transport.

State-owned enterprises under the Ministry of Transport responsible for investing in, operating, and maintaining road works shall review and approve maintenance procedures for works funded by their own capital.

b) For local road systems, provincial People's Committees shall specify the organization of reviews and approvals or the delegation of authority for reviews and approvals of maintenance procedures for road works;

c) For road works constructed and operated under Build-Operate-Transfer (BOT) contracts and other project contracts, the project enterprise (investor) shall be responsible for organizing, reviewing, and approving maintenance procedures after reaching agreement with the competent state agency signing the project contract;

d) For dedicated roads, the owner of dedicated road works shall be responsible for organizing the establishment, review, and approval of maintenance procedures in accordance with the provisions of Decree No. 114/2010/NĐ-CP and the provisions of this Circular.

3. Organizations responsible for approving maintenance procedures may hire consultants to audit part or all of the maintenance procedures for road works before approval.

Article 9. Adjustment of maintenance procedures for road works

During implementation, if unreasonable factors affecting safety, operational capacity, quality, and lifespan of road works are identified, the road management agency or the owner of the road works has the right to adjust the maintenance procedures and submit the adjustment for approval by the competent authority specified in Clause 2 of Article 8 of this Circular.

Article 10. Operating Procedures for Road Engineering Works

1. The operating procedures for road engineering works are guidelines and instructions from design consultants, equipment suppliers, and technology providers specifying the methods, sequence, and content of operation and use of the works and installed equipment to ensure that the works are operated at their designed capacity and functionality, ensuring safety, and maintaining the lifespan of the works and installed equipment according to the design.

The content of the operating procedures for road engineering works must cover comprehensive regulations on traffic organization, operational load, speed, vehicle composition, lane arrangement, sequence of ferry terminal and pontoon bridge operations, operation sequences of installed equipment, rescue regulations, fire safety, and other related contents.

2. The following works must have operating procedures:

a) Revolving bridges, lifting bridges, bridges using lifting equipment;

b) Ferry terminals, pontoon bridges;

c) Road tunnels equipped with devices for managing and operating the works;

d) Technological equipment installed at toll stations;

đ) Technological equipment installed at vehicle weight inspection stations;

e) Traffic surveillance systems, traffic control equipment;

g) Other cases as prescribed by competent state agencies, investment decision-makers, investors, and owners of the works.

3. Responsibilities for establishing, reviewing, approving operating procedures, and adjusting operating procedures shall be carried out in accordance with the procedures for maintaining road engineering works as stipulated in Articles 6, 8, and 9 of this Circular.

4. The basis for establishing operating procedures includes:

a) Design documents;

b) Functionality, capacity, characteristics, and nature of equipment installed in the engineering works;

c) Handbooks, guidance materials, and training manuals for operating the equipment and engineering works;

d) Regulations on traffic management, traffic safety, labor safety, and environmental protection;

đ) Other contents as prescribed in Clause 2 of Article 7 of this Circular.

Article 11. Documents for Managing, Operating, and Maintaining Road Engineering Works

1. Documents for managing, operating, and maintaining road engineering works include:

a) Legal documents and acceptance certificates related to investment construction projects and completed works put into operation;

b) Construction drawings design documents (including adjusted designs if applicable);

c) As-built drawings;

d) User and operation manuals for equipment and technological chains installed in the works (if applicable);

đ) Land acquisition and clearance documents for boundary stakes; land use right certificates for infrastructure serving the management of road engineering works, if applicable; boundary stakes for safe road corridors;

e) Safety traffic review documents (if applicable);

g) Maintenance procedures; operating procedures for the works (if applicable);

h) Documents on traffic organization (if applicable);

i) Initial condition documents (condition "0") of bridges and tunnels (if applicable).

k) Weekly road logs, bridge and tunnel history records, road registration files, straightened maps; statistical reports on the operation status of road engineering works; video and photographic recordings of the works' conditions and other copied documents;

l) Administrative violation handling documents related to road land (if applicable);

m) Documents related to inspection, testing, monitoring, repair, and other operating and maintenance activities of road engineering works;

n) Vehicle counts on roads, ferry and pontoon bridge traffic volumes.

2. Responsibilities for establishing, providing, and receiving documents during the construction phase to serve the operation and maintenance of road engineering works are as follows:

a) For newly constructed, renovated, expanded, or widened road engineering works, the investor shall organize the establishment and handover of documents specified in points a, b, c, d, đ, e, g, h, and i of Clause 1 of this Article to the road management agency before putting the works into operation. At the time of handover, both parties must inspect the condition of the handed-over documents and prepare a list of handed-over documents;

b) For road engineering works repair projects where they are the investors, the road management agency, construction enterprises, and road operation and management enterprises, and specialized road engineering work owners shall carry out the tasks specified in point a of Clause 2 of this Article;

c) For currently operating road engineering works, the contractor responsible for maintaining the road engineering works shall be responsible for establishing the documents specified in points k, l, m, and n of Clause 1 of this Article and shall be subject to inspection by the road management agency, construction enterprises, and road operation and management enterprises, and specialized road engineering work owners.

Chapter III

ROAD WORKS MANAGEMENT

Article 12. Contents of road construction project management work

1. Management and use of as-built drawings, maintenance procedures for road construction projects.

2. Establishment, management, and use of files during the operation phase of road construction projects.

3. Organization to implement management and protection of road traffic infrastructure structures.

4. Monitoring and updating the status of damage and deterioration of road construction projects.

5. Traffic organization, traffic control duty, vehicle counting, handling traffic accidents and incidents involving road construction projects.

6. Vehicle load management work, oversized vehicles, and tracked vehicles traveling on roads shall be carried out in accordance with relevant regulatory legal documents.

Article 13. Management and use of as-built drawings, maintenance procedures for road construction projects

1. Responsibilities of the road management agency:

a) Retain original copies of as-built drawings, maintenance procedures, and other documentation received from the project investor according to Article 11 of this Circular;

b) Photocopy as-built drawings, maintenance procedures, and other documentation to hand over to the maintenance contractor of the road construction project;

c) Direct the contractor to manage, maintain, and operate the project in accordance with the provisions of Clause 2 of this Article.

2. Responsibilities of the contractor managing, maintaining, and operating the project: storing, using as-built drawings, maintenance procedures, operational procedures (if any), and other documents provided for management, operation, and maintenance of the project.

3. Enterprises investing in construction and managing the operation of road construction projects, owners of specialized road construction projects shall fulfill responsibilities as prescribed for the road management agency under Clause 1 of this Article for road construction projects they manage.

Article 14. Establishment, management, and use of files during the maintenance phase of road construction projects

1. Responsibilities of the road management agency:

a) Direct and inspect contractors during the maintenance phase to comply with the provisions of Clauses 2 and 3 of this Article;

b) Store and use files and documentation during the maintenance phase in accordance with this Circular.

2. The contractor managing, maintaining, and operating the project has the responsibility to establish, manage, and use the following files and documentation:

a) Bridge and tunnel history files, road registration files; update and supplement changes in bridge, tunnel, and road conditions;

b) Establish a management file (straightened plan view) of the safe road corridor; update and supplement violations, clearance, and removal of structures violating the safe road corridor and road land every three months; establish a management file for connection points and essential structures within the safe road corridor;

c) Record weekly road logs (for roads and bridges, culverts); record or log operations for tunnel, ferry terminal, pontoon bridge, rotating bridge, drawbridge, and other special structures;

d) Prepare reports on the management, operation, and maintenance of road construction projects;

đ) Establish, manage, and use other files and documentation as prescribed by technical standards for maintenance and approved maintenance procedures.

3. Responsibilities of other contractors:

a) Survey and design contractors, construction repair project contractors have the responsibility to prepare survey, design, and as-built drawings and perform other contents as prescribed by law for road construction project development;

b) Inspection, testing, and monitoring contractors prepare reports on results according to the approved outline; perform other tasks as prescribed by law for investment and construction projects;

4. Enterprises investing in construction and managing the operation of road construction projects, owners of specialized road construction projects shall fulfill responsibilities as prescribed for the road management agency under Clause 1 of this Article for road construction projects they manage.

Article 15. Implementation of management and protection of road construction works

1. Responsibilities of the road management agency:

a) Organize road patrols in accordance with the regulations of the Ministry of Transport;

b) Implement regulations on the management and protection of road traffic infrastructure in accordance with Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, and relevant laws; carry out flood and storm prevention and aftermath mitigation work in accordance with the regulations of the Ministry of Transport and this Circular;

c) Implement contents related to the management and maintenance of road construction works in accordance with technical standards and procedures for maintenance of road construction works;

d) Organize the preparation and submission of maintenance plans in accordance with the law; organize the preparation, review, and approval of economic and technical reports or repair projects of road construction works in accordance with the law; organize bidding, ordering, assigning maintenance plans, and signing contracts with contractors to implement maintenance of road construction works;

đ) Inspect and supervise contractors maintaining road construction works to ensure compliance with contract provisions;

2. Responsibilities of contractors managing, maintaining, and operating construction works:

a) Organize patrols, inspections, and protection of road traffic infrastructure in accordance with the regulations of the Ministry of Transport;

b) Implement other contents related to the management and protection of road traffic infrastructure in accordance with the Road Traffic Law, Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, and the regulations of the Ministry of Transport; carry out flood and storm prevention and aftermath mitigation work in accordance with the law and this Circular;

c) Implement contents related to the management and maintenance of road construction works in accordance with technical standards and procedures for maintenance of road construction works and contracts signed with road management agencies and owners of road construction works;

3. Enterprises investing in construction and managing the operation of road construction projects, owners of specialized road construction projects shall fulfill responsibilities as prescribed for the road management agency under Clause 1 of this Article for road construction projects they manage.

Article 16. Monitoring and updating the condition of damage and deterioration of road construction works

1. Responsibilities of the road management agency:

a) Organize regular and ad hoc inspections and assess the condition of damage and deterioration of construction works;

b) Inspect, supervise, and urge contractors managing, maintaining, and operating construction works to comply with the contents stipulated in Clause 2 of this Article;

c) Update and compile information on damaged construction works within their management scope to develop maintenance plans, report to competent authorities, and organize repairs to ensure safe and smooth road traffic;

2. Responsibilities of contractors managing, maintaining, and operating construction works:

a) Continuously monitor and update the quality status of assigned construction works, promptly identify signs of damage and deterioration of construction works and equipment installed therein;

b) Prepare quarterly reports on the quality status of assigned road construction works; prepare ad hoc reports when damage occurs affecting traffic safety and construction safety;

c) Perform other tasks in accordance with technical standards and procedures for maintenance of road construction works;

3. Enterprises investing in construction and managing the operation of road construction projects, owners of specialized road construction projects shall fulfill responsibilities as prescribed for the road management agency under Clause 1 of this Article for road construction projects they manage.

Article 17. Organization of traffic, traffic assurance duty, vehicle counting, and handling of traffic accidents and construction works incidents

1. Traffic organization:

a) Responsibilities of road management agencies and other related agencies in traffic organization work, the contents of traffic organization work shall be carried out in accordance with Article 37 of the Road Traffic Law;

b) Project sponsors and contractors constructing and repairing roads in operation have the responsibility to implement traffic safety measures in accordance with the Road Traffic Law, Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, and the regulations of the Ministry of Transport;

c) Contractors managing, maintaining, and operating road construction works have the responsibility to perform traffic organization work in accordance with the management, maintenance, and operation contract;

2. Traffic assurance duty:

a) Road management agencies are responsible for directing and inspecting contractors managing, maintaining, and operating road construction works in traffic assurance duties and implementing traffic safety measures during traffic congestion and construction incidents;

b) Project sponsors, contractors constructing roads in operation, and contractors repairing road construction works have the responsibility to ensure traffic and implement traffic safety measures for sections under construction where the road width is reduced, sections requiring detours, temporary bridges, overpasses, and underground passages; dangerous locations and traffic congestion; and comply with environmental sanitation regulations;

c) Relevant organizations and individuals must perform traffic assurance duties, flood and storm prevention and aftermath mitigation duties in accordance with the regulations of the Ministry of Transport;

d) Enterprises investing in construction and managing road construction works and specialized owners of road construction works must fulfill responsibilities as stipulated in point b of Clause 1 and Clause 2 of this Article;

3. Vehicle counting:

a) Road management agencies are responsible for supervising contractors' implementation of vehicle counting as stipulated in point b of this clause; compiling and retaining vehicle count data on managed routes;

b) Contractors managing, maintaining, and operating road construction works are responsible for performing the following tasks: counting vehicles on roads, recording the number of vehicles participating in traffic on each ferry trip, the number of ferry trips daily, monthly, quarterly, and annually; reporting vehicle count results to road management agencies;

c) Enterprises investing in construction and managing road construction works are responsible for organizing vehicle counting on assigned routes, reporting vehicle count results to state agencies authorized to sign project contracts, road management agencies, and other competent state agencies;

4. In case of traffic accidents, relevant organizations and individuals must comply with the provisions of Article 38 of the Road Traffic Law;

5. In case of construction incidents, relevant organizations and individuals must comply with the Construction Law, Government Decree No. 15/2013/NĐ-CP dated February 6, 2013 on Quality Management of Construction Works, and relevant laws;

Chapter IV

IMPLEMENTATION OF MAINTENANCE OF ROAD CONSTRUCTION WORKS

Article 18. Establishment, Approval, and Adjustment of Road Maintenance Plans

1. Establishment of road maintenance plans using state capital:

a) The General Department of Roads of Vietnam shall be responsible for establishing the maintenance plan for the central road system using state capital (in accordance with the form prescribed in Appendix II of this Circular), including: the Central Road Maintenance Fund, state budget capital, ODA capital, and other lawful sources from the exploitation of traffic infrastructure assets and other lawful sources;

b) Provincial People's Committees shall stipulate the establishment of maintenance plans for local road systems under their management;

c) The content of annual road maintenance plans shall include: regular maintenance plans for road works, repair plans for road works along each route (section) and other tasks (if any). The road maintenance plan must provide complete information as follows: name of the work, main components of the work; executing unit, volume, and implementation cost; time of implementation; method of implementation and priority level.

2. Approval of road maintenance plans using state capital;

a) The Ministry of Transport shall approve the maintenance plan for the central road system established by the General Department of Roads of Vietnam and submitted, as well as other cases within its authority;

b) The approval of maintenance plans for local road systems using local state budget capital and the Local Road Maintenance Fund shall be carried out according to the regulations of the provincial People's Committee and relevant laws.

3. Procedures and formalities for approving maintenance plans for the central road system:

a) The General Department of Roads of Vietnam shall compile, establish the plan and budget for road maintenance costs, and submit them to the Ministry of Transport before June 15th each year;

b) The Ministry of Transport shall review and approve the plan and budget for road maintenance costs before July 15th; incorporate the maintenance plan and budget into the annual state budget revenue and expenditure plan of the Ministry of Transport, and submit it to the Ministry of Finance before August 30th each year;

c) Based on the Decision allocating the state budget revenue and expenditure plan issued by the Ministry of Finance, the Ministry of Transport shall notify the state budget revenue and expenditure plan to the General Department of Roads of Vietnam, including the funds allocated for road maintenance;

d) The General Department of Roads of Vietnam shall organize a review of the project list, components, and volumes of urgent works that need to be done, and bear responsibility for establishing the maintenance plan and budget, submitting them to the Ministry of Transport no later than 15 days from the date of receipt of the notification as stipulated in point c of this clause;

đ) The Ministry of Transport shall review and approve the maintenance plan and budget, allocate the state budget revenue and expenditure plan to the General Department of Roads of Vietnam.

4. Adjustment of road maintenance plans using state capital:

a) The maintenance plan for the central road system may be adjusted and supplemented during implementation to suit actual conditions. The Ministry of Transport shall decide on the adjustment of the central road system maintenance plan;

b) The adjustment and supplementation of the maintenance plan for the local road system shall be regulated by the provincial People's Committee.

5. For road works invested in, managed, and operated by state-owned enterprises under the Ministry of Transport but not through Project Contracts, the enterprise shall organize the establishment and submission of the maintenance plan for review and approval by the Ministry of Transport when using state budget capital or capital derived from the state budget for maintenance management; the enterprise shall organize the establishment, review, and approval of the maintenance plan when using its own capital.

6. For BOT projects and other projects, the annual maintenance plan and maintenance costs for road works must be specified in the Project Contract, serving as the basis for road work maintenance during the operation phase. The investor and project enterprise shall establish the annual road maintenance plan and submit it to the competent state agency signing the Project Contract for agreement prior to approval and implementation.

In case the Project Contract does not specify the maintenance plan and maintenance costs for road works, the competent state agency signing the Project Contract and the investor and project enterprise shall base on current economic-technical norms and the maintenance capital rate of similar road works to supplement the Project Contract.

7. The establishment, approval, and adjustment of maintenance plans for road works not falling within the scope of provisions in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article shall be implemented in accordance with Article 10 of Decree No. 114/2010/NĐ-CP.

Article 19. Implementation of the road construction project maintenance plan

1. For the central road system managed by the Ministry of Transport, the implementation of the maintenance plan shall be carried out as follows:

a) Based on the annual road construction project maintenance plan approved, the General Department of Roads of Vietnam shall organize and implement according to regulations.

b) In cases where the road construction projects are invested in and operated by state-owned enterprises under the Ministry of Transport but not through Project Contracts, such enterprises shall organize and implement the maintenance plan based on the approved plan according to regulations;

c) The Ministry of Transport shall organize inspections and supervision of the implementation of the maintenance plan for road construction projects as stipulated in points a and b of Clause 1 of this Article and for cases where competent state agencies sign Project Contracts as stipulated in Clause 3 of this Article.

2. The organization of implementing the maintenance plan for local road systems shall be regulated by the People's Committee with competent authority.

3. For BOT projects and other projects, the project enterprise shall organize the implementation of road construction project maintenance based on the maintenance plan and costs specified in Clause 6 of Article 18 of this Circular, ensuring safe and smooth traffic flow.

Competent state agencies that sign Project Contracts shall be responsible for supervising and inspecting the project enterprise's implementation of maintenance according to the maintenance plan specified in the Project Contract; identifying and handling the project enterprise if there are violations of management and maintenance regulations for road construction projects as prescribed by law and the signed Project Contract.

4. For dedicated road construction projects, the owner of the dedicated road construction project shall organize the implementation of the maintenance plan for the road construction project they have invested in and shall be subject to inspection and supervision by the competent state management agency according to regulations.

5. Emergency repairs of road construction projects within the central road system managed by the Ministry of Transport shall be carried out as follows:

a) For projects or parts of projects damaged due to sudden impacts such as storms, floods, earthquakes, collisions, explosions, or other sudden natural disasters requiring urgent repair not included in the approved maintenance plan, the Ministry of Transport shall authorize the General Department of Roads of Vietnam to approve and organize the implementation to ensure traffic safety and project safety;

b) The General Department of Roads of Vietnam shall be responsible for the use of funds and methods of implementation for emergency repairs as stipulated in point a of this clause; report to the Ministry of Transport the results of emergency repairs of road construction projects.

Article 20. Inspection, Maintenance, Repair, and Safety Evaluation of Road Construction Projects

1. The maintenance contractor of road construction projects shall carry out inspections, maintenance, and repairs of road construction projects according to the maintenance contract and approved maintenance procedures; organize safety evaluations of the projects when necessary.

2. Inspections, maintenance, and repairs of road construction projects shall be carried out according to the provisions of Clauses 2, 3, 4, and Clause 5 of Article 11 of Decree No. 114/2010/ND-CP and the provisions of this Circular.

3. Safety evaluation of road construction projects shall be conducted through quality inspections carried out according to the provisions of Article 12 of Decree No. 114/2010/ND-CP.

Article 21. Quality Management in Road Maintenance Work

1. The road management agency, construction investment enterprises and road operation management enterprises, owners of specialized road works, investors of road maintenance projects, road maintenance contractors, and other organizations and individuals related to road maintenance work shall be responsible for implementing quality management of road works in accordance with the provisions of the Construction Law, Decree No. 15/2013/ND-CP, Decree No. 114/2010/ND-CP, and other relevant laws.

2. The competent state authority that signs the Project Contract shall monitor the project enterprise's implementation of maintenance work to ensure quality in accordance with the law, the Project Contract, and this Circular; if quality violations are discovered during the implementation of maintenance work, they must be handled according to the construction law regulations and the Project Contract. In cases where quality violations affect traffic safety but are not promptly rectified, the competent state authority that signed the Project Contract may decide to suspend the exploitation of the work, suspend toll collection if necessary until the project enterprise completes the rectification of quality violations and implements measures to ensure traffic safety and work safety.

3. The maintenance file of road works shall be established in accordance with Clause 2, Article 14 of Decree No. 114/2010/ND-CP and the provisions of this Circular.

4. The warranty period for road works repair work shall be in accordance with Clause 3, Article 14 of Decree No. 114/2010/ND-CP.

Article 22. Implementation of Maintenance for Exploited Road Works Without Maintenance Procedures

1. For road works currently being exploited without maintenance procedures, the road management agency shall perform the following tasks:

a) Draft and submit to the competent authority specified in Article 8 of this Circular for approval of the plan to develop maintenance procedures for road works that have been put into exploitation but lack maintenance procedures as stipulated in Clause 2, Article 6 of this Circular;

b) Survey, inspect, and evaluate the current quality status of road works;

c) Organize the drafting of maintenance procedures and submit them to the competent authority specified in Article 8 of this Circular for review and approval;

d) Until the maintenance procedures are issued, the road management agency and road maintenance contractors shall implement maintenance work in accordance with Decree No. 114/2010/ND-CP and this Circular.

2. Construction investment enterprises and road operation management enterprises, owners of specialized road works shall perform the tasks specified in points b, c, and d of Clause 1 of this Article for the works under their management.

Article 23. Handling of Damaged Road Works and Components That Do Not Ensure Safety for Operation, and Works That Have Reached Their Design Life

1. When the road management agency discovers signs of deterioration in the quality of road works or components installed in the works, which do not ensure safety for exploitation and use, it shall be responsible for implementing the provisions of Article 18 of Decree No. 114/2010/ND-CP and the following provisions:

a) Organize inspections, testing, and evaluation of the current quality status of the works;

b) Direct and supervise the maintenance contractor to implement the provisions stipulated in Clause 2 of this Article;

c) Organize repairs to address damage to ensure traffic safety when using and exploiting the works;

d) Report to higher-level agencies and competent authorities;

2. The maintenance contractor has the responsibility to:

a) Continuously monitor and inspect the works and conduct regular patrols to promptly identify damaged works, components, and equipment installed in the works that have deteriorated in quality and do not ensure safety for exploitation and use, and immediately report to the road management agency and the owner of the road works;

b) When there is damage or deterioration in quality affecting traffic safety, they must carry out the following tasks: organize traffic control and traffic regulation when necessary; implement solutions to address damage to ensure traffic flow; in necessary cases, request the road management agency to set up warning signs limiting vehicle load and speed, and take appropriate measures to limit or temporarily suspend exploitation of the works if safety cannot be guaranteed;

c) When implementing measures to limit or temporarily suspend exploitation of the works as stipulated in point b of this clause, the maintenance contractor shall participate in implementing traffic diversion measures and ensuring safety for people and vehicles participating in traffic according to the division of labor and instructions from the road management agency, traffic police, and competent state authorities.

3. Construction investment enterprises and road operation management enterprises, owners of specialized road works shall be responsible for implementing the provisions of Clause 1 and Clause 4 of this Article; they shall implement or instruct the maintenance contractor to implement the provisions of Clause 2 of this Article.

4. Reporting on road works showing signs of deterioration in quality and not ensuring traffic safety shall be carried out in accordance with point b, Clause 1 of Article 18 of Decree No. 114/2010/ND-CP.

5. In cases where accidents occur during the exploitation and use of road works, the handling of such incidents shall be carried out in accordance with the regulations on quality management of construction works.

6. In the case where a road construction project has reached its design lifespan but there is a need to continue using it, the competent road management agency, the enterprise investing in and managing the operation of the road construction project, and the owner of specialized road construction projects shall implement the provisions set forth in Article 16 of Decree No. 114/2010/NĐ-CP; report to the competent state authority for approval to continue using the road construction project beyond its design lifespan in accordance with point d, Clause 1, Article 16 and point d, Clause 2, Article 26 of Decree No. 114/2010/NĐ-CP.

Article 24. Procedures for approving continued use of road construction projects that have reached their design lifespan

1. The handling of road construction projects from Class III downwards shall be carried out in accordance with the provisions set forth in points a, b, and point c, Clause 1, Article 16 of Decree No. 114/2010/NĐ-CP.

2. For road construction projects from Class II upwards, the competent road management agency, the enterprise investing in and managing the operation of the road construction project, and the owner of specialized road construction projects shall directly submit or send via postal service one set of documents to the Ministry of Transport for consideration and approval to extend the usage period of the project. The documents include:

a) An application form as prescribed in Appendix IV of this Circular;

b) Report on the results of inspection, testing, and evaluation of the quality of the project, and the results of repairing the project;

c) Minutes or documents reflecting the results of inspection, testing, and evaluation of the current condition of the project;

d) Results of repairing the project if there is damage to ensure functionality and safety before considering and deciding to continue using the project;

đ) Construction and maintenance files of the road construction project.

3. Provisions on handling applications:

a) In cases where the documents are not complete as stipulated in Clause 2 of this Article, within five working days, the Ministry of Transport shall issue a document requesting supplementary documents;

b) In cases where the documents are complete as stipulated in Clause 2 of this Article, the Ministry of Transport shall issue a document approving the continued use of the project within forty-five working days from the date of receipt of the documents. In cases where the conditions for approval are not met, the Ministry of Transport shall issue a reply document, clearly stating the reasons;

c) The acceptance of documents and issuance of results shall be conducted at the office of the ministry or through postal service.

Article 25. Application of technical standards, norms, and economic-technical quotas for the maintenance and exploitation of road construction projects

1. Regular maintenance work on road construction projects must apply national technical standards and maintenance standards issued by authorized agencies in accordance with the law.

2. Repair work on road construction projects must apply national standards; apply technical standards for repair projects and technical standards in construction issued by authorized agencies as prescribed.

3. For projects and equipment installed in projects with specific maintenance standards or procedures, in addition to implementing the provisions set forth in Clauses 1 and 2 of this Article, they must also apply specific maintenance standards and procedures to maintain, repair, and maintain the projects and equipment installed in them.

4. Economic-technical quotas for maintenance work shall be applied as follows:

a) Maintenance work on projects funded by state capital must apply economic-technical quotas for maintenance issued by authorized agencies;

b) It is encouraged for projects funded by other sources to apply the economic-technical maintenance quotas specified in point a of this clause.

Article 26. Reporting System for Road Maintenance Work

1. For the central road system managed by the Ministry of Transport, reporting shall be conducted as follows:

a) The Vietnam Highway Administration shall report to the Ministry of Transport on the results of implementing the road maintenance plan quarterly before the 22nd day of the last month of each quarter, and annually before January 15th of the following year;

b) The Road Management Agency and the Department of Transport entrusted with managing national highways shall report to the Vietnam Highway Administration on the results of implementing the road maintenance plan for roads under their management quarterly before the 15th day of the last month of each quarter, and annually before January 8th of the following year;

c) Contractors responsible for managing, maintaining, and operating road works shall report to the Road Management Agency or the Department of Transport entrusted with managing national highways on the results of implementing the road maintenance plan quarterly before the 10th day of the last month of each quarter, and annually before December 31st;

d) BOT enterprises, other project enterprises (for road works invested in under Project Contract form), organizations transferred or leased management and operation rights by the State, and enterprises authorized by the State to invest in construction and manage and operate road works shall report to the Vietnam Highway Administration on the results of implementing the road maintenance plan quarterly before the 15th day of the last month of each quarter, and annually before January 8th of the following year.

2. For local road systems, the People's Committee of the province shall stipulate the contents and responsibilities of local road management agencies in reporting.

3. Owners of specialized road works shall report to the Department of Transport annually on the situation of managing and maintaining specialized roads.

The Department of Transport shall compile and report to the Vietnam Highway Administration on the situation of managing and maintaining local road systems and specialized roads within its jurisdiction annually before January 8th of the following year.

4. In addition to regular reports as prescribed in Clause 1 of this Article, agencies and units specified in Clauses 1, 2, and 3 of this Article shall have the responsibility to submit ad hoc reports when there are unforeseen events affecting road works or upon request from competent authorities.

5. The content of the report must include all the following information: name of the work, items of work carried out; volume and cost of implementation; completion time; adjustments and occurrences compared to approved plans; assessment of implementation results (according to the approved plan); proposals and recommendations during the implementation of road maintenance work (as per the Report Form specified in Appendix III of this Circular).

Article 27. Sources of Funds for Managing and Maintaining Road Works

1. The Road Maintenance Fund as prescribed in Decree No. 18/2012/NĐ-CP dated March 13, 2012 of the Government on the Road Maintenance Fund, state budget capital, ODA capital, and other sources of capital from the exploitation of transportation infrastructure assets according to the provisions of the law.

2. Capital of owners of specialized roads, capital in BOT Contracts, Project Contracts, and capital of enterprises assigned to construct, manage, and operate road works.

3. Other sources of capital of organizations and individuals as prescribed in Article 49 of the Road Traffic Law and other lawful sources of capital as prescribed in Article 19 of Decree No. 114/2010/NĐ-CP.

4. The management and use of road maintenance funds shall be carried out in accordance with current legal regulations.

Article 28. Costs for the maintenance of road construction works

1. The contents of cost items related to the implementation of road construction work maintenance include

a) Costs for preparing, reviewing, and evaluating maintenance procedures for construction works and economic-technical norms serving maintenance work for road construction;

b) Costs for planning road construction work maintenance (including costs for surveying; costs for preparing, reviewing, and evaluating maintenance plans for road construction works);

d) Costs for monitoring railway projects where monitoring is required;

d) Costs for monitoring road construction works where monitoring is required;

đ) Costs for maintaining road construction works;

e) Costs for quality inspection of construction works when necessary;

h) Costs for preparing, managing maintenance records of railway projects and updating the database of railway infrastructure.

h) Costs for preparing, managing maintenance records for road construction works and updating infrastructure data for road traffic;

i) Costs for other tasks related to management, operation, and maintenance of road construction works as prescribed by law;

2. Determination of costs for implementing road construction work maintenance shall be guided by the Ministry of Construction, the Ministry of Finance, and relevant legal provisions.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Circular takes effect from February 1, 2014, and replaces Circular No. 10/2010/TT-BGTVT dated April 19, 2010, issued by the Minister of Transport on the management and maintenance of roads.

Article 30. Implementation

1. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the General Director of the Vietnam Highway Administration, Directors of Provincial and Central City Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if any difficulties arise, organizations and individuals should promptly report in writing to the Vietnam Highway Administration for guidance or consolidation and reporting to the Ministry of Transport for consideration and resolution./.