Circular No. 90/2014/TT-BGTVT guiding certain contents on the management, operation, and maintenance of expressway works

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides certain contents regarding the management, operation, and maintenance of expressway works.

2. This Circular applies to organizations and individuals related to the management, operation, and maintenance of expressway works.

Article 2. Interpretation of Terms

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

1. is the General Department of Roads of Vietnam under the Ministry of Transport; specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government. is the Vietnam Highway Administration, the specialized agency under the People's Committee of provinces and centrally governed cities.

2. (hereinafter referred to as the investor) is an organization or individual carrying out investment construction of expressway works and managing, operating, and maintaining expressway works. Rescue object

3. (hereinafter referred to as the operating and maintaining entity) is the subject directly implementing the operation and maintenance of expressway works, which is determined through contracts with the expressway management agency or investors. (hereinafter referred to as the operating and maintaining entity) is the direct subject implementing the operation and maintenance of expressway works, which is determined through contracts with the expressway management agency or investors.

4. Road patrol is the daily patrol and inspection activity to monitor the implementation of traffic organization plans, traffic safety, and protection of expressway infrastructure by the operating and maintaining entity and its individual members when assigned tasks.

Article 3. Requirements for the management, operation, and maintenance of expressway works

1. Expressway works upon being put into operation and use must be managed, operated, and maintained in accordance with the Road Traffic Law, Government Decree No. 32/2014/ND-CP dated April 22, 2014 on the management, operation, and maintenance of expressway works (hereinafter referred to as Decree No. 32/2014/ND-CP), Government Decree No. 11/2010/ND-CP dated February 24, 2010 on the management and protection of road infrastructure (hereinafter referred to as Decree No. 11/2010/ND-CP), Government Decree No. 100/2013/ND-CP dated September 3, 2013 amending and supplementing some articles of Government Decree No. 11/2010/ND-CP dated February 24, 2010 (hereinafter referred to as Decree No. 100/2013/ND-CP), Government Decree No. 114/2010/ND-CP dated December 6, 2010 on the maintenance of construction works (hereinafter referred to as Decree No. 114/2010/ND-CP), Government Decree No. 10/2013/ND-CP dated January 11, 2013 on the management, use, and operation of road infrastructure assets (hereinafter referred to as Decree No. 10/2013/ND-CP), relevant regulatory legal documents, and the provisions of this Circular.

2. The management, operation, and maintenance of expressway works must be carried out according to the operational procedures, maintenance procedures, technical standards, and regulations on the management, operation, and maintenance of expressway works issued by competent authorities.

3. Operational procedures and maintenance procedures for expressway works shall be established in accordance with the parts of the works, equipment installed in the works, types of works, levels of works, and purposes of use; they shall be clearly and publicly displayed in Vietnamese on paper, disks, or other means.

Article 4. Responsibilities of organizations and individuals regarding the management, operation, and maintenance of expressway works

1. Responsibilities of the Vietnam Highway Administration:

a) Advising and assisting the Minister of Transport in performing state management functions over the management, operation, and maintenance of expressway works nationwide;

b) Organizing regular and spot inspections of the implementation of the management, operation, and maintenance of expressway works nationwide as prescribed;

c) Handling within its authority or recommending competent state agencies to handle organizations and individuals violating the management, operation, and maintenance of expressway works as prescribed;

d) Fully fulfilling responsibilities and powers in supervising and implementing contracts during the operation phase for expressway projects invested in and managed under public-private partnership forms according to the分级任务的原因是确保每个部分都能被准确无误地翻译，同时保持文本的专业性和一致性。以下是直接翻译结果，没有进一步的解释或思考：

đ) Fulfilling the responsibilities and powers of the expressway management agency in organizing the management, operation, and maintenance of expressway works within the scope assigned;

e) Summarizing and reporting to the Ministry of Transport the situation of management, use, operation, maintenance, and protection of expressway infrastructure assets nationwide as prescribed;

g) Directing the Highways Management Agency and other Highway Management Agencies to implement the management, operation, and maintenance of expressway works according to the classification of the Vietnam Highway Administration;

h) Fulfilling other responsibilities and powers concerning the management, operation, and maintenance of expressway works as prescribed.

2. Responsibilities of specialized agencies under the People's Committees of provinces and centrally governed cities:

a) Fulfilling the responsibilities and powers of the expressway management agency in managing, operating, and maintaining expressway works managed by localities as prescribed by the People's Committees of provinces and centrally governed cities;

b) Reporting to the People's Committees of provinces and centrally governed cities, and the Vietnam Highway Administration the situation of management, operation, and maintenance of expressway works within their jurisdiction as prescribed.

3. Responsibilities of investors:

a) Being responsible before the expressway management agency and competent authorities for organizing the management, operation, and maintenance of expressway works under their management; ensuring safe and smooth traffic in compliance with laws and contracts;

b) Complying with inspections and checks by competent authorities as prescribed by law;

c) Cooperating with central and local functional agencies in promoting, disseminating, educating, and implementing legal provisions on protecting infrastructure and ensuring traffic safety on expressway works;

d) Reporting to competent state authorities and expressway management agencies on the situation of management, operation, and maintenance of expressway works under their management as prescribed.

4. Responsibilities of operating and maintaining entities:

a) Directly implementing the management, operation, and maintenance of expressway works assigned in accordance with this Circular, technical standards and regulations on maintenance, operational procedures, maintenance procedures, contracts signed with the expressway management agency, investors, and relevant legal provisions;

b) Implementing patrols on expressway works as prescribed.

c) Implement, coordinate with central and local competent agencies in the dissemination, popularization, education, and enforcement of legal provisions regarding the protection of infrastructure structures and ensuring traffic safety on expressways;

d) Report to the expressway management agency and investors on the management, operation, and maintenance of expressway projects in accordance with regulations.

 

Chapter II

MANAGEMENT AND EXPLOITATION OF EXPRESSWAY PROJECTS

 

Article 5. Contents of the work of managing and exploiting expressway projects

Establish and manage the management files of expressway projects; announce the commissioning and temporary suspension of exploitation of expressway projects; organize traffic on expressways; manage assets, protect expressway infrastructure structures; assess traffic safety; manage information on expressways; patrol; handle accidents and incidents on expressways.

Article 6. Management files of expressway projects

1. The management files of expressway projects include:

a) Legal documents, acceptance records related to investment construction projects and completion files for projects put into operation and use;

b) As-built drawings;

c) Documents guiding the use, operation, inspection, and maintenance of equipment systems and production lines installed in the project;

d) Files of boundary stakes, land clearance stakes that have been compensated in reality; certificates of land use rights for infrastructure facilities serving expressway project management; stake systems for safe road corridors;

đ) Safety assessment files (if required to be assessed);

e) Operation and exploitation procedures, maintenance procedures for the project;

g) Traffic organization files;

h) Initial condition files of bridges, tunnels, special roadbeds;

i) Environmental protection files as prescribed;

k) Patrol logs, bridge and tunnel history files, road registration files, straightened maps; statistical reports on the operational status of expressway projects; video tapes, photographs of the conditions of the project and other copied documents;

l) Violation handling records and documents related to land reserved for expressways;

m) Documents related to inspections, testing, monitoring, repairs, and other operational and maintenance activities of expressway projects;

n) Vehicle counts and traffic volumes on expressways;

2. Responsibilities for establishing, providing, and receiving management files and documents during the construction phase to serve the exploitation and maintenance of expressway projects:

a) For new expressway projects constructed, renovated, expanded, or upgraded using state budget funds, the investor shall be responsible for organizing the establishment and transferring all the files and documents specified in points a, b, c, d, đ, e, g, h, i of Clause 1 of this Article to the expressway management agency before putting the project into operation and use;

b) Investors shall establish and retain their own files and documents according to similar requirements set out in point a of this clause for expressways they manage;

c) For expressway projects currently in operation, the operating and maintenance units shall be responsible for establishing the files and documents as specified in points k, l, m, n of Clause 1 of this Article and shall be subject to inspection by the expressway management agency and investors.

Article 7. Announcing the Operation of Expressway Projects

1. Prior to putting expressway projects into operation, the project investor or the construction and renovation project investor shall organize the preparation and submission of the application dossier for the operation of expressway projects to the competent authority for examination and resolution according to the specific provisions below:

a) The Ministry of Transport shall announce for expressways under central management;

b) The People's Committee of provinces and centrally governed cities shall announce for expressways under local management.

2. Application Dossier for Announcing the Operation of Expressway Projects

The project investor or the investor shall submit one set of the application dossier for announcing the operation of the project directly or through the postal service or other appropriate means to the competent authority as stipulated in Clause 1 of this Article. The dossier includes:

a) A proposal for announcing the operation of expressway projects in accordance with the form prescribed in Appendix 1 issued together with this Circular;

b) Traffic safety assessment report (if applicable);

c) Approved traffic organization plan.

3. The Competent Authority Shall Receive, Examine, and Process as Follows:

In case the dossier is incomplete as required, within two working days from the date of receipt of the dossier, a written request must be made to the investor or the project investor to supplement and complete the dossier;

Within three working days from the date of receiving the complete dossier as required, the competent authority shall conduct an examination of the dossier. If the conditions are met, a decision to announce the operation of the expressway project shall be issued. In case of non-approval, a written response with detailed reasons must be provided.

4. For expressway construction investment projects where the Ministry of Transport or the People's Committee of provinces and centrally governed cities are the investors, the agency or organization entrusted with the direct management and use of capital for implementing investment construction activities shall be responsible for organizing the preparation of the application dossier for announcing the operation of expressway projects in accordance with Clause 2 of this Article, and submitting it to the Ministry of Transport and the People's Committee of provinces and centrally governed cities for decision.

Article 8. Temporarily Halting the Operation of Expressways in Special Cases

1. In cases of particularly serious traffic accidents or incidents causing the expressway to be unusable in one or both directions; it is impossible to implement normal traffic organization plans, affecting traffic safety:

The operating and maintenance unit, and the investor shall immediately implement special traffic organization plans and simultaneously report to the expressway management authority. In cases where the expressway operation is temporarily halted for more than 24 hours, a report must be submitted and approval obtained from the Ministry of Transport and the People's Committee of provinces and centrally governed cities.

2. In cases where the expressway operation is temporarily halted to serve national defense and security requirements, the operating and maintenance units shall halt operations and implement approved special traffic organization plans at the request of the competent state authorities.

Article 9. Contents of the traffic organization plan on expressways

The traffic organization plan on expressways includes the following contents:

1. Vehicles permitted to travel on expressways;

2. Conditions for using expressway lanes when: Normal traffic; lane changing; turning around vehicles in emergency situations; passing toll stations, vehicle weight inspection stations; encountering accidents, incidents and in special cases;

3. List of interchanges and special structures;

4. Permitted speed and safe distance between vehicles;

5. Position, time, and duration of lighting;

6. Name, location, mileage, and conditions for using rest areas, parking areas, toll stations, and vehicle weight inspection stations;

7. Regulations on safety warnings during management and maintenance activities;

8. Emergency phone numbers;

9. Rescue and assistance plans;

10. Information provided through the intelligent transportation system: Locations of accidents, incidents, events, weather conditions, construction sites, locations with restricted operational conditions, traffic rule violations, route advice, and other relevant information;

11. Other information: Toll collection methods and technologies; vehicle weight inspection stations; names and addresses of related agencies and units involved in management and operation;

12. Special traffic organization plans.

Article 10. Procedures and formalities for establishing and approving traffic organization plans on expressways

1. Establishing and submitting traffic organization plans:

The project investor or investor is responsible for establishing the traffic organization plan to be submitted to the competent authority for examination and approval before putting the project into operation.

2. Authority to approve traffic organization plans on expressways:

a) The Ministry of Transport approves traffic organization plans for expressways under central management upon the proposal of the project investor or investor, after receiving the assessment report from the Vietnam Highway Administration;

b) The People's Committee of provinces and centrally governed cities approves traffic organization plans for expressways managed by local authorities after receiving the assessment report from the specialized agency under its jurisdiction and the agreement of the Ministry of Transport.

3. Documents for requesting approval of traffic organization plans

The project investor or investor submits two sets of documents for requesting approval of the traffic organization plan directly or via postal services or other appropriate means to the competent authority as stipulated in Clause 2 of this Article. The documents include:

a) Approval request letter (original) according to the model prescribed in Appendix 2 issued together with this Circular;

b) Traffic organization plan;

c) Completion acceptance certificate for the project put into operation and use.

4. Handling procedures of the competent authority:

The competent authority receives the documents. In case the documents are unclear or incomplete according to regulations, within the latest two working days from the date of receipt, a written request for supplementation and completion of the documents must be issued to the project investor or investor;

The competent authority approving the traffic organization plan assigns the expressway management agency to conduct an assessment of the documents. The assessment period shall not exceed five working days from the date of receipt of complete documents as prescribed. After receiving the assessment report, if the conditions are met, a decision to approve the traffic organization plan will be made within three working days. If not approved, a written response with detailed reasons must be issued.

5. For investment projects constructing expressways where the Ministry of Transport, the People's Committee of provinces and centrally governed cities are the project investors, the agencies or organizations entrusted to manage and utilize capital for implementing construction activities are responsible for organizing the preparation of documents for requesting approval of the traffic organization plan as stipulated in Clause 3 of this Article, to submit to the Ministry of Transport and the People's Committee of provinces and centrally governed cities for approval.

Article 11. Monitoring and updating the condition of damage and deterioration of expressway works

1. Responsibilities of the investor and expressway management agency (when directly managing the expressway route):

a) Inspect the performance of the operation and maintenance unit's responsibilities;

b) Organize regular and spot inspections, assess the condition of damage and deterioration of the works;

c) Update and compile information on the condition of damage of works under their management to develop annual maintenance plans and organize repairs and remediation to ensure safe and smooth traffic, or report to the competent authority as prescribed for works managed by the Ministry of Transport.

2. Responsibilities of the operation and maintenance unit:

a) Continuously monitor and update the quality condition of the works, promptly identifying signs of damage and deterioration of the works assigned to manage;

b) Report regularly every quarter or at any time to the investor or expressway route management agency, state agencies with competent authority on the condition of damage and deterioration of the works assigned to manage;

c) Carry out other tasks in accordance with technical standards for expressway works management.

Article 12. Organizing the management and protection of expressway infrastructure

1. Responsibilities of the expressway management agency:

a) Organize expressway patrols according to regulations on patrols (when directly managing the expressway route) as stipulated in Circular No. 47/2012/TT-BGTVT dated November 12, 2012 issued by the Minister of Transport on patrol and inspection to protect road infrastructure;

b) Implement regulations on management and protection of expressway infrastructure as prescribed in Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP and relevant laws; implement flood prevention, typhoon prevention, and remediation work as prescribed in this Circular and relevant laws;

c) Inspect and supervise the investor and operation and maintenance units of expressway works to comply with current regulations.

2. Responsibilities of the investor:

a) Inspecting and supervising the protection of expressway infrastructure by operating and maintenance units;

b) Proactively coordinate with functional agencies and local authorities to prevent and handle prohibited acts stipulated in Clauses 1, 2, 3 of Article 8 and Clause 2 of Article 35 of the Road Traffic Law and violations of regulations on management and protection of road infrastructure;

c) Fulfill responsibilities as prescribed for the expressway management agency under point b of Clause 1 of this Article for expressway works managed by themselves. At the same time, they have the responsibility to report to the expressway management agency the results of management and exploitation as prescribed.

3. Responsibilities of the operation and maintenance unit:

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

b) Fulfill other contents regarding management and protection of expressway works as prescribed by the Road Traffic Law, Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP and other relevant laws;

c) Fulfill contents regarding management and protection of expressway works according to technical standards and norms for expressway works management and contracts signed with the expressway management agency and the investor;

d) Implement flood prevention, typhoon prevention, and remediation work as prescribed.

Article 13. Road Patrol on Expressways

1. Responsibilities of the operating and maintenance units:

a) Develop a road patrol plan suitable for the conditions of the expressway route;

b) Carry out road patrol activities on expressways in accordance with regulations;

c) Promptly handle violations, accidents, and incidents within their authority;

d) Report to the expressway management agency, expressway investors, and relevant agencies, and request solutions and support for handling violations, accidents, and incidents beyond their authority;

đ) Report the results of road patrols, traffic safety conditions, and violations of expressway infrastructure protection according to regulations.

2. Responsibilities of road patrol officers:

a) Timely detect abnormal conditions, incidents affecting traffic safety, traffic safety violations, traffic organization plans, traffic accidents, and report them promptly;

b) For expressway works:

Statistically track and understand the quantity, location, and detailed condition of expressway works in the assigned section; regularly inspect to identify damages and encroachments on works; report to the operating and maintenance unit for prompt measures;

In case of minor damage that does not require materials or equipment, the patrol officer shall take the initiative to address it or request maintenance workers to immediately rectify it;

In cases requiring warning signs to inform traffic participants, organize immediate warnings upon discovery and simultaneously report to the operating and maintenance unit for prompt measures;

c) For traffic on expressways:

Detect traffic safety violations and cooperate with authorized agencies to promptly address and rectify them;

Identify locations at risk of traffic congestion; guide traffic and report immediately to the operating and maintenance unit for resolution and rectification of cases beyond their authority;

Upon discovering traffic accidents, report initial information to the operating and maintenance unit to notify related units; organize preliminary first aid and request transport of injured persons; secure the scene; organize traffic diversion until police arrive; hand over the scene and coordinate guidance and control of traffic;

Monitor construction works on operational expressways, require contractors to comply with traffic safety plans during construction; detect and cooperate in addressing actions causing traffic safety issues within their authority; report immediately to the operating and maintenance unit for cases exceeding their authority;

d) Management and protection of expressway land scope: Timely detect, prepare records, and report to the operating and maintenance unit;

đ) For expressway safety zones:

Statistically track and understand the system of clearance markers, boundary markers, and the current status of the expressway safety zone in the assigned management section;

Timely detect violations of expressway safety zone management and protection regulations; prepare records and report to the operating and maintenance unit;

e) Record patrol results in the patrol logbook; preserve patrol files and documents.

3. Requirements for road patrol officers:

a) Hold a vocational secondary degree in bridge or highway engineering; trained in expressway road patrol operations; trained in basic first aid; understand laws and have the ability to publicize, guide, and explain road traffic laws;

b) When performing duties, patrol officers must be equipped with reflective uniforms with unit names and insignias; wear patrol officer name badges;

c) A patrol team on expressways must consist of at least two people to arrange one person to perform warning actions while the other performs operational activities.

4. Road patrol on expressways is conducted using specialized vehicles such as cars and motorcycles. On patrol vehicles, in addition to specialized equipment as prescribed, there are also initial first aid supplies as prescribed by the health sector.

Article 14. Organization for Overweight and Oversize Vehicle Control on Expressways

1. The determination of vehicle weight on expressways shall be carried out using specialized weighing equipment. The results of the vehicle weight inspection and axle weight inspection to determine the extent of overweight shall serve management purposes and be provided to competent authorities for handling according to regulations.

2. Oversize vehicle limit checks on expressways shall be conducted at entry points to expressways using specialized equipment.

3. Vehicles violating weight and size limits on bridges and roads must move outside the expressway area to rectify the violation and will be handled according to regulations. Operating and maintenance units have the right to refuse service to overweight and oversize vehicles entering the expressway as prescribed, while coordinating with competent authorities to handle such cases promptly.

Article 15. Fixed Information on Expressways

1. Fixed information shall be provided through the traffic sign system on expressways.

2. Regulations concerning the traffic sign system and its installation on expressways must comply with National Technical Standards for Traffic Signs on Expressways, National Technical Standards for Traffic Signs, and regulations of the Ministry of Transport.

3. The traffic sign system on expressways must comply with the traffic organization plan approved for the expressway route; it shall provide participants in traffic with information about: related road networks, routes, directions at intersections and entrances/exits of expressways, accident warnings, and services along the route.

Article 16. Variable Information on Expressways

1. Variable information refers to real-time changing information, including: weather conditions, traffic density, route advice, estimated travel time, information about incidents, accidents, temporary shutdowns, and other relevant traffic information on expressways.

2. Variable information shall be provided through:

a) Traffic signs placed on expressways when special circumstances arise. These signs must comply with National Technical Standards for Traffic Signs and National Technical Standards for Traffic Signs on Expressways;

b) Electronic information boards on expressways must comply with current regulations regarding electronic information boards on expressways;

c) Information provision points on expressways: rest stops, service stations, and other information provision points;

d) Radio frequencies authorized by competent authorities;

đ) On the website of the expressway management authority;

e) Directives from traffic controllers on expressways when performing expressway maintenance work, handling accidents, or other incidents.

Article 17. Regional Traffic Management Centers

1. Regional Traffic Management Centers are responsible for supervising and managing the operations of Line Traffic Management Centers and regional traffic within their jurisdiction.

2. Regional Traffic Management Centers have the following responsibilities:

a) Collecting, processing, and managing traffic information sent by Line Traffic Management Centers to serve the purpose of monitoring and managing traffic safety on expressways under their jurisdiction;

b) Directly guiding operating and maintenance units of expressways in the region to support the resolution of accidents, incidents, and serious events. Supervising the provision of information from Line Traffic Management Centers during rescue and relief operations;

c) Coordinating traffic on the regional expressway system according to special traffic organization plans approved by competent authorities in emergency situations, natural disasters, or national security;

d) Distributing information to Line Traffic Management Centers to implement traffic regulation to avoid congestion between expressways and roads in the region;

đ) Conducting patrols on expressways as assigned to check and supervise patrol duties; handling or coordinating the handling of violations within their authority;

e) Providing participants in traffic with route advisory and traffic condition information, operational restrictions of other routes in the region through forms such as electronic signs, radio broadcasts, television, digital maps, and other information services;

g) Managing and storing data related to expressway traffic in the region to serve planning, development, and operation activities of expressways managed by the expressway management authority.

3. Regional Traffic Management Centers shall be interconnected to share information, maintain equal relationships, and cooperate with each other.

Article 18. Traffic Management Control Center on the Route

1. The traffic management control center on the route shall be under the supervision and control of the regional traffic management control centers; it shall be responsible for operating the traffic management monitoring and control system on specific expressways.

2. The traffic management control center on the route shall have the following tasks:

a) Collecting and processing various types of traffic information on the route including camera images, vehicle detection data, weather conditions, accident detection information, incidents, events, and traffic violations committed by vehicle drivers;

b) Monitoring and managing information related to events occurring on expressways that lead to traffic congestion, accidents, incidents, dangerous weather conditions; and planned events such as construction site locations, special holidays;

c) Providing time-varying traffic guidance information to road users such as weather, traffic density, journey advice, estimated travel time, incident and accident information, temporary cessation of operations, and other relevant traffic information on expressways;

d) Receiving and promptly processing information about accidents, vehicle incidents, and construction incidents reported to the Center from all information sources to immediately mobilize patrol forces, traffic rescue teams, and inform the police, rescue teams, and related forces to urgently arrive at the scene to perform their duties according to their assigned functions;

e) Storing all information on the route in accordance with current regulations for textual records. Permanently storing electronic information about accidents and incidents. For regular electronic information, depending on the nature of the information and data, storage must ensure management objectives as prescribed. Electronic records and documents must be securely preserved in appropriate environments and converted according to suitable technology;

f) Proactively implementing remote traffic regulation measures to ensure traffic safety such as adjusting lanes or limiting speed on expressways in accordance with actual traffic conditions;

g) Collecting, storing, and centrally managing traffic data from the toll collection system and the axle weight inspection system on expressways;

h) Connecting and transmitting full traffic information and data to the regional traffic management control center;

i) Receiving and providing information, implementing special traffic organization plans directly directed by the regional traffic management control center in emergency situations;

j) Monitoring activities and maintaining, servicing equipment belonging to the expressway traffic management monitoring and control system;

Article 19. Connection between Regional Traffic Management Control Centers and Route Traffic Management Control Centers

1. Content of data exchange between regional traffic management control centers and route traffic management control centers includes: traffic image data, weather data, vehicle identification data, traffic event information, traffic control guidance information, and other specific information as required;

2. The connection and data exchange between regional traffic management control centers and route traffic management control centers shall be carried out in accordance with technical standards and specifications issued by competent authorities.

 

Article 20. Operation and Exploitation Procedures for Highway Engineering Works and Equipment

1. The following engineering works must have operation and exploitation procedures:

a) Revolving bridges, bridges using lifting equipment, suspension bridges, cable-stayed bridges, continuous girder bridges at level I or higher, bridges using complex structures and technologies;

b) Tunnels equipped with devices for managing and exploiting the engineering works;

c) Technological equipment installed at toll stations;

d) Technological equipment installed at vehicle weight inspection stations;

đ) Intelligent traffic monitoring systems, technological traffic control devices;

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

2. The operation and exploitation procedures for highway engineering works are guidelines and instructions from design consultants and equipment suppliers stipulating the methods, sequence, contents of operating, exploiting, and utilizing the engineering works and equipment installed therein to ensure that the engineering works are operated at their designed capacity and functionality, ensuring safety, maintaining the lifespan of the engineering works and equipment according to the design.

3. The content of the operation and exploitation procedures for highway engineering works must cover comprehensive regulations on traffic organization, load-bearing capacity, speed, vehicle composition, lane arrangement, operational sequence of equipment installed in the engineering works, rescue and firefighting regulations, and other related contents.

4. Responsibilities for establishing, reviewing, approving operation and exploitation procedures, and adjusting such procedures shall be carried out in accordance with the procedures for maintenance of highway engineering works.

5. The basis for establishing operation and exploitation 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 for maintenance procedures of engineering works.

Chapter III

MAINTENANCE OF HIGHWAY ENGINEERING WORKS

Article 21. Contents of Maintenance of Highway Engineering Works

1. Maintenance of highway engineering works is a set of tasks aimed at ensuring and maintaining normal and safe operation of the engineering works according to the design throughout the exploitation and usage period. The contents of maintenance of highway engineering works include inspection, monitoring, quality testing, regular maintenance, repair of engineering works, and environmental protection.

2. The contents of inspection, monitoring, quality testing, regular maintenance, and repair of highway engineering works shall be carried out in accordance with the provisions of Circular No. 52/2013/TT-BGTVT dated December 12, 2013 of the Minister of Transport on management, exploitation, and maintenance of road engineering works and Circular No. 20/2014/TT-BGTVT dated May 30, 2014 amending and supplementing some articles of Circular No. 52/2013/TT-BGTVT.

Article 22. Responsibilities for Establishing, Contents, and Basis for Establishing Maintenance Procedures for Highway Engineering Works

Provisions regarding responsibilities for establishing, contents, and basis for establishing maintenance procedures for highway engineering works apply the contents of regulations on responsibilities for establishing, contents, and basis for establishing maintenance procedures for road engineering works as stipulated in Article 6 and Article 7 of Circular No. 52/2013/TT-BGTVT.

Article 23. Review and Approval of Maintenance Procedures for Expressway Projects

1. For investment projects to construct expressway 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) The Ministry of Transport, People's Committees of provinces and centrally governed cities shall organize the review and approval of maintenance procedures for expressway works under their management scope;

b) Investors shall organize the review and approval of maintenance procedures for expressway works they have invested in after reaching an agreement with competent state agencies according to the Contract.

3. The agency responsible for approving maintenance procedures may hire consultants to review part or all of the maintenance procedures before approval.

 

Article 24. Adjustment of Maintenance Procedures for Expressway Works

During implementation, if unreasonable factors affecting safety, operational capacity, quality, and lifespan of expressway works are identified, the expressway management agency and the owner of the expressway works shall direct the preparation of adjustments to the maintenance procedures and submit them to the competent authority specified in Clause 2 of Article 23 of this Circular for approval of the adjusted maintenance procedures.

Article 25. Organization of Maintenance for Expressway Works

Provisions related to the organization of maintenance for expressway works shall apply the provisions concerning the organization of maintenance for road works as stipulated in Articles 18, 19, 20, 21, 22, 23, 24, and Article 25 of Circular No. 52/2013/TT-BGTVT.

Article 26. Traffic Safety Assurance Plan during Maintenance on Operating Expressways

1. The traffic safety assurance plan during maintenance on operating expressways, in addition to complying with the provisions of Decree No. 11/2010/NĐ-CP and guiding documents, must also comply with the following provisions:

a) Construction vehicles and equipment of construction units:

Must have construction identification marks as prescribed, must be equipped with flashing yellow warning lights, and must have reflective "construction vehicle" signs affixed to the front, rear, and both sides of the equipment;

May only move and work within the construction site boundary.

b) Personnel performing maintenance work:

Construction workers must wear reflective protective clothing, shoes, and safety helmets;

Supervisors must wear reflective uniforms, shoes, and safety helmets;

Shall only operate within the construction site boundary;

Personnel who do not meet requirements will be forcibly removed from the construction site by enforcement forces and patrol teams.

c) The construction site area must be warned in advance and throughout the construction period on the expressway and communicated to road users;

d) For mandatory maintenance work that requires low-speed moving equipment, it can only be performed during daylight hours with unobstructed visibility. During implementation, warning vehicles must be used, fully equipped with warning devices and signals traveling in the same direction, at the same speed, and lane as the maintenance work vehicle, maintaining a minimum distance of 100 meters from the maintenance equipment towards the opposite direction of traffic flow; except in cases where specialized vehicles for expressways have already been equipped with traffic safety warning devices.

2. For regular repair work:

a) The traffic safety assurance plan must be included in the design documents and submitted to the competent authority for approval according to regulations;

b) The expressway management agency shall approve the traffic safety assurance plan for expressways directly managed and maintained by it;

c) Investors shall approve the traffic safety assurance plan for expressways they manage and maintain, and notify the expressway management agency of the results.

Article 27. Responsibilities of organizations and individuals in ensuring traffic safety during maintenance on operational expressways

1. The General Department of Vietnam Roads shall organize inspections and checks on the implementation of traffic safety measures during maintenance work on operational expressways throughout the country.

2. The General Department of Vietnam Roads, specialized agencies under provincial People's Committees directly under the Central Government:

a) Inspect and supervise the organization of implementing traffic safety measures during maintenance and compliance with construction permit regulations on expressways within their management scope;

b) Temporarily suspend or halt construction upon discovering violations or failure to fully implement traffic safety measures as prescribed; propose that investors temporarily suspend or halt construction for maintenance projects organized by investors;

c) Coordinate with functional forces in organizing the implementation of traffic safety plans.

3. Responsibilities of investors:

a) Inspect the implementation of traffic safety work by operating and maintenance units on expressways within their management scope;

b) Coordinate with functional forces in organizing the implementation of traffic safety plans.

4. Responsibilities of operating and maintaining entities:

a) Develop traffic safety plans during maintenance on expressways and submit them for approval by highway management agencies or investors before commencing construction;

b) Implement approved traffic safety plans;

c) Provide information about maintenance plans to regional traffic control centers, route traffic control centers, and road users through mass media.

 

Chapter IV

IMPLEMENTING PROVISIONS

 

Article 28. Transitional Provisions

For expressway projects already put into operation and use according to the temporary regulations of the Ministry of Transport, provincial People's Committees directly under the Central Government, highway management agencies, and investors shall review, supplement, and fully implement management, operation, and maintenance contents of the project in accordance with this Circular, completing no later than December 31, 2015.

Article 29. Effective Date

This Circular shall take effect from March 1, 2015.

Article 30. Implementation

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the General Department of Vietnam Roads, Directors of Provincial Departments of Transport, and Heads of relevant agencies, organizations, and individuals are responsible for enforcing this Circular.

2. During implementation, if any difficulties arise, organizations and individuals shall promptly report in writing to the General Department of Vietnam Roads for guidance or compilation and reporting to the Ministry of Transport for consideration and resolution./.