Joint Circular No. 73-TTLB/GTXD guiding the implementation of capital investment and management of urban road systems

CIRCULAR

JOINT MINISTRY OF TRANSPORT AND CONSTRUCTION DECREE NO. 73-TTLB/GTXD
DATE: MARCH 27, 1984 GUIDELINES FOR IMPLEMENTATION OF CAPITAL INVESTMENT AND MANAGEMENT OF CITY ROAD SYSTEMS
MANAGEMENT OF URBAN ROAD SYSTEM

On January 20, 1982, the Council of Ministers issued Decree No. 10-HĐBT stipulating the classification, capital investment, and hierarchical management of road systems.

Based on Articles 9 and 11 of the Decree, the Joint Ministry of Transport and Construction issues this Circular to guide and explain for relevant sectors, localities, and units to properly implement the Decree's provisions regarding capital investment and management of city road systems.

I- SCOPE LIMITATIONS OF THE CITY ROAD SYSTEM

According to Point 5, Article 2 of the Decree, the city road system includes: "All types of streets and traffic roads (excluding national highways) within the administrative boundaries of cities, towns, and townships," the Joint Ministry specifically defines the scope of the city road system as follows:

1- For centrally-administered cities, based on the administrative boundaries of inner-city districts and townships within the city or suburban counties as defined by the State, classify streets and traffic roads into the city road system.

For cities and towns under provinces and townships under counties, based on the administrative boundaries of townships within cities, towns, and townships as defined by the State, classify streets and traffic roads into the city road system.

2- For national highways running through the inner city and town areas, retain their mileage and route direction according to the national highway directory established by the Ministry of Transport. In large cities and towns with many streets, the Ministry of Transport, the Ministry of Construction, and the People's Committee of the province, city, or special administrative region directly under the Central Government (hereinafter referred to as the Provincial People's Committee) will jointly determine the sections of national highways running through the inner city and town areas (even though they still bear the name of city streets like other streets in the city road system).

3- For specialized roads of agencies, enterprises... located within the inner city and town areas (from the agency or enterprise gate to city streets or traffic roads), according to Point b, Clause 10 of the Decree, those specialized roads that the Department of Transport and the Department of Urban Works or the Department of Construction consider economically and culturally, and upon the proposal of the managing agency or enterprise, will report to the Provincial People's Committee for decision before being classified into the city road system.

4- For clusters of concentrated residential areas along provincial roads, county roads, or near large industrial zones... not yet designated by the State as towns or townships, such streets shall not be classified into the city road system.

The criteria for classifying city streets will be specifically defined by the Ministry of Construction after consultation with the Ministry of Transport and the Provincial People's Committee for localities to accurately classify streets according to their type.

II- CONTENTS OF CAPITAL INVESTMENT AND MANAGEMENT OF CITY ROADS

1- Capital Investment: According to the Decree, all basic construction capital, management, and maintenance capital for city roads are covered by the local budget. The Department of Transport and the Department of Urban Works (or the Department of Construction) will coordinate to establish various types of capital for the city road system, to be reviewed by the Provincial People's Committee.

a) For some main streets in large cities if the local budget is insufficient and requests additional central government support, the Provincial People's Committee must submit a document for approval by the Council of Ministers, simultaneously sending it to the State Planning Commission, the State Basic Construction Commission, the Ministry of Transport, and the Ministry of Construction for comments.

b) For sections of national highways running through the inner city and town areas, the basic construction capital, management, and maintenance capital for these roads are covered by the central government budget (through the Ministry of Transport).

c) For specialized roads of agencies, enterprises... once approved by the Provincial People's Committee to be included in the city road system (as per Point 3 of Part I of this Circular), the basic construction capital (if expansion or upgrading is needed) and maintenance management capital will be covered by the local budget.

2- New Construction and Renovation of City Roads: Based on urban planning already approved by the State (for cities and towns) and by the Provincial People's Committee (for townships). The Department of Urban Works (or the Department of Construction) is responsible for preparing economic and technical feasibility studies for the city road network (including sections of national highways running through the inner city and town areas and tramways if present), while the Department of Transport participates in technical standards for major streets, traffic roads, and tramways (if present). Subsequently, the Department of Urban Works (or the Department of Construction) prepares documentation for higher-level review.

If urban planning has not been approved by the State, the Provincial People's Committee temporarily sets initial economic and technical data for streets or traffic roads to serve as the basis for economic feasibility studies.

Specialized roads of agencies, enterprises... must first be reviewed by the Department of Transport and the Department of Urban Works (or the Department of Construction) to ensure compliance with the overall urban road network development plan of the city or town and to ensure traffic safety for vehicles and pedestrians before submitting to the Provincial People's Committee for review.

After the economic feasibility study is approved:

- The Department of Urban Works (or the Department of Construction) is responsible for designing the entire city road network, underground and surface water supply and drainage networks, and other underground works (through the respective management agencies). - The Department of Transport is responsible for connecting designs between national highways, provincial roads, county roads... and the city road network, important traffic intersections, and technical designs for street and traffic road surfaces, tramway tracks (if present).

The two Departments need to closely cooperate during the design stages to ensure the stability and durability of the road surface, especially timely drainage during the rainy season, while ensuring safety for underground works. For major streets with economic and technical justifications approved by the Council of Ministers, based on the design assignment decision of the Council of Ministers. The two Ministries will assign specialized design units of the two Ministries to design and coordinate in resolving the interrelations between road foundation and surface works, sidewalks, water supply and drainage systems, underground works that intersect, greenery, street lighting, etc., to be submitted for review by both Ministries and the Provincial People's Committee.

The Department of Transport and the Department of Urban Construction (or Construction Department) shall cooperate in developing five-year plans and annual plans for urban road networks along with architectural works to be submitted to the Provincial People's Committee and prepared for submission to the Council of Ministers for approval if additional central funding is required for centrally-administered cities or large cities within provinces.

3- Construction, repair, operation, improvement, and management of the urban road system.

According to Article 9 of the Decree, the responsibilities of the two Departments of Transport and Urban Construction (or Construction Department) in the construction, repair, operation, improvement, and management of the urban road system are as follows:

a) The Department of Transport is responsible for constructing, repairing, operating, improving, and managing the road foundation (from the shoulder edge of the road on both sides), the road surface (from the edge of the driving lane) including tram tracks if present, traffic signs, traffic signal lights, traffic guidance islands, road separation strips, and traffic regulation reminder signs.

b) The Department of Urban Construction (or Construction Department) is responsible for constructing, repairing, operating, improving, and managing sidewalks (including curb stones), public street lighting, above-ground and underground water supply and drainage systems, other underground works (such as power, telecommunications, etc., through respective managing agencies), planting greenery, and cleaning urban roads (including sections of national highways running through city centers).

- When repairing or constructing works specific to each department without affecting works of other departments, such as repairing or resurfacing streets by the transport department, repairing or paving sidewalks with underground or above-ground facilities by the urban construction department... then the respective department approves the design, but during construction, close cooperation must be maintained to avoid impacting traffic on streets or sidewalks and drainage in gutters; at the same time, when work is completed, thorough cleanup and sanitation of streets and sidewalks must be carried out immediately, not exceeding permitted deadlines, and only commence construction once all materials and equipment are ready.

- If construction or repair works of one department affect those of another department, such as major repairs or construction of underground water supply and drainage facilities under the road or sidewalk requiring materials on the driving lane to impact traffic, surface drainage, or major repairs or construction of the road foundation (replacing soil and gravel to reinforce the road base) affecting underground water supply and drainage facilities under the road... then there must be agreement between the Departments of Transport and Urban Construction (or Construction Department) regarding technical design and construction organization design (especially the issue of ensuring traffic on construction roads when rerouting traffic to adjacent roads requires coordination with the Public Security sector) and submit for approval by the Provincial People's Committee.

- When issuing permits for using sidewalks for bicycles, motorcycles, materials, goods, sales... the Department of Urban Construction (or Construction Department) must coordinate with the Department of Transport to specify streets or areas that do not impact traffic on the road surface.

- Districts and counties wishing to establish markets on quiet street segments must obtain agreement from the Departments of Transport and Urban Construction (or Construction Department) before submitting to the Provincial People's Committee for approval. Any placement of materials, goods, vehicles... on the street surface must be approved by the Department of Transport.

- Agencies, enterprises... with projects needing to construct or improve any works (underground or above-ground) on the driving lane must apply to the Department of Transport, and for works on the sidewalk, they must apply to the Department of Urban Construction (or Construction Department). Only after obtaining full permits and preparing all materials and equipment can construction commence and completion must be ensured within the stipulated timeframe.

If the stipulated timeframe is exceeded, timely re-application must be made (before the deadline) but not more than one-third of the initial allowed timeframe. In cases of delay, penalties will be imposed according to Point 21 of the Road Protection Regulations (as per Decree No. 203-HĐBT dated December 21, 1982 of the Council of Ministers and the public transportation traffic rules of the city or province). After completing the project, the agency or enterprise must restore the road and sidewalk surfaces to their original technical quality. If the second deadline expires and the agency or enterprise has not restored the surfaces, the Department of Transport or Urban Construction (or Construction Department) will carry out the restoration and cleanup, and the agency or enterprise with the project must pay directly or through a bank via collection services, refusing to accept any costs, and may also face penalties.

To ensure order on streets and sidewalks, protect transportation and urban construction works, and ensure safety for the people and means of transportation, provincial people's committees shall establish inspection units for traffic and public works order involving sectors such as transport, urban construction (or construction), public security, military, finance... to perform inspection, education, and prompt handling of violations.

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

During implementation, relevant sectors, localities, and units should report any difficulties to the Ministry for research and appropriate supplementation.