Thông tư 50/2015/TT-BGTVT

CIRCULAR

GUIDANCE ON A NUMBER OF ARTICLES OF GOVERNMENT’S DECREE NO. 11/2010/ND-CP DATED FEBRUARY 24, 2010 GUIDING THE MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURES

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree no. 11/2010/ND-CP dated February 24, 2010 guiding the management and protection of road infrastructures;

Pursuant to the Government’s Decree No. 100/2013/ND-CP dated September 03, 2013 amending and supplementing a number of articles of the Government’s Decree 11/2010/ND-CP guiding the management and protection of road infrastructures dated February 24, 2010 ;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20th 2012, defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At requests of the Director General of the Directorate for Roads of Vietnam and Director of Department of Transport Infrastructure, the Minister of Transport hereby issues this Circular guiding a number of articles of the Government’s Decree No. 11/2010/ND-GP dated February 24, 2010 on management and protection of road infrastructures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on the management and protection of road infrastructures, utilization of road infrastructures; connection of feeder roads to national highways; provincial road names and codes; assurance of traffic safety when conducting construction within protected areas of road infrastructures; assessment and inspection of road traffic safety.

Article 2. Regulated entities

This Circular applies to entities engaging in management, protection and utilization of road infrastructures and traffic safety during the construction within protected areas of road infrastructures; assessment and inspection of road traffic safety.

Chapter II

ROAD INFRASTRUCTURES UNDER PROTECTION

Article 3. Land reserved for roads

Land reserved for road is an area of land on which road infrastructures and pavements are constructed for the management, maintenance and protection of roads Road infrastructures includes:

1. Roads

a) Roads (roadbed and road surface, road side and pavement);

b) Overpasses (bridges or overpasses crossing over railways, roads and ocean…), including footbridges;

c) Tunnels (tunnels crossing mountain, rivers, roads, railways and cities) including pedestrian tunnels;

d) Ferries, footbridges, underpasses, or roads designed for water drainage

2. Bus stops, parking zones along roads, traffic control stations, weigh stations, tollbooths.

3. Road signs: traffic lights, signboards, sign board stands, height restriction barriers, marker posts, milestones, road markings and other devices

4. Traffic islands, median strips, traffic barriers, guardrails.

5. Markers, centerlines, site clearance markers.

6. Street lighting systems

7. Drainage systems, utility tunnels, road embankments

8. Anti-erosion works, flow regulation works

9. Escape lanes, traffic control centers, warehouses for storage of waterway vehicles, and instruments for traffic safety.

10. Auxiliary works.

Article 4. Road safety corridors

1. Road safety corridor refers to land strips along both sides of streets (including water along bridges, tunnels, ferries or floating terminals) constructed to enhance the traffic safety and road infrastructure protection.

2. The road safety corridor boundary is prescribed in Article 15 through Article 19 of the Decree No. 11/2010/ND-CP on management and protection of road infrastructures (hereinafter referred to as “ Decree No. 11/2010/ND-CP) and clauses 2 and 3, Article 1 of the Decree No. 100/2013/ND-CP amending and supplementing a number of Articles of the Decree No. 11/2010/ND-CP (hereinafter referred to as “Decree No. 100/2013/ND-CP) Road authorities shall refer to the engineering grade of roads under the planning to determine the width of road safety corridors, or the length and width of bridges for the determination of the width of safety corridors of bridges.

3. In the combination of roads and irrigation works, laws on dikes shall apply.

Article 5. Determination of land area reserved for roads and road safety corridors

1. The land area reserved for roads, road safety corridor areas and centerlines that have not been defined shall be determined in accordance with the Decree No. 11/2010/ND-CP and Decree No. 100/2013/ND-CP.

2. For roads in use, the road safety corridor area approved by competent authorities by the effective date of the Decree No. 11/2010/ND-CP shall be determined as follows:

a) Land areas reserved for roads shall be determined in accordance with clauses 1 and 2, article 4 of the Decree No. 11/2010/ND-CP and clause 1, Article 1 of the Decree No. 100/2013/ND-CP.

b) The road safety corridor area is determined after the determination of land area reserved for roads. To be specific:

Where the width of the road safety corridor is equal to or greater than that specified in clause 3, Article 1 of the Decree No. 100/2013/ND-CP it shall be remained constant.

Where the width of the road safety corridor is smaller than that specified in clause 2, Article 1 of the Decree No. 100/2013/ND-CP it shall be determined in accordance with the Decree No. 100/2013/ND-CP.

Article 6. Overhead clearance

1. The overhead clearance of any road infrastructure constructed before the effective of the Circular No.39/2011/TT-BGTVT guiding a number of Articles of the Decree No. 11/2010/ND-CP (hereinafter referred to as “Circular No. 39/2011/TT-BGTVT") failing to satisfy requirements prescribed in Article 21 of the Decree No. 11/2010/ND-CP but does not affect the traffic safety shall be temporarily remained unchanged until December 31, 2020.

2. Every road infrastructure in construction, renovation or expansion; or road infrastructure in use failing to satisfy requirements in Article 21 of the Decree No. 11/2010/ND-CP and having negative impact on traffic safety shall conform to the provisions of overhead clearance (vertical direction) as follows:

a) With regard to overpasses crossing over roads, it is at least 4.75 meters vertically measuring from the highest point on the road surface to the lowest point of the overpass (excluding reserves for future raising of roads).

Overpasses crossing over expressways shall conform to expressway design standards.

b) For telecommunication circuits crossing over roads, it shall be at least 5.50 meters from the highest point of the road surface (excluding reserves for future raising of roads) to the lowest point of a circuit in the maximum deflection.

b) For electric wires crossing over roads, the distance from the highest point of the road surface (excluding reserves for future leveling of roads)to the lowest point of a electric wire in the maximum deflection shall be at least 4.75 meters plus (+) the safety distance of electric discharge by voltage under laws on electricity.

d) For cables crossing over roads, it shall be at least 4.75 meters from the highest point of the road surface (excluding reserves for future raising of roads) to the lowest point of a cable.

dd) The overhead clearance of infrastructures crossing over intersections shall remain the minimum distance stipulated in point a, b, c and dd of this clause, measuring from the highest point of the road to the lowest of the infrastructure crossing over the same intersection.

3. Determination of reserved clearance for raising the height of roads

a) For every works crossing over roads, the reserved clearance shall be determined according to the road current conditions and road planning.

b) For every works under overpasses or essential works, the reserved clearance shall be determined according to the road design and planning.

Article 7. Horizontal safety distance of essential works

1. Every essential works specified in clause 1, Article 12 hereof which is permitted to be constructed and located within the land reserved for roads or road safety corridors (including underwater areas) shall maintain a safety distance, either vertical or horizontal distance, to ensure the management, operation and maintenance of road infrastructures.

2. The horizontal safety distance of every essential works pole (located inside or outside the road safety corridor) shall be as follows:

a) The distance from the foot of telecommunication antenna mast or electric power pole to the foot of embanked road talus or top edge of dug road talus shall be at least 1.3 times as high as the height of the mast/pole (measuring from the road surface to the peak of mast/pole) and shall not be shorter than 5 meters;

b) For roads in inner cities, the horizontal safety distance shall be equal to the width of the red line boundary approved by the competent authority.

c) For roads in mountainous terrain, canyons or places with no more land reserved for roads, the horizontal safety distance of the essential works pole may be shorter than that specified in point a of this clause but shall be at least 2 meters away from the edge of motorways.

3. The horizontal safety distance of the conveyor shall be maintained as follows:

a) For those crossing inner cities with poles on pavement (with curbs), the distance from the foot of pole to the outer edge of the motorway shall be at least 1 meter; and the distance from the supporting pole to the outer edge of the motorway shall be at least 02 meters;

b) Poles of conveyors crossing suburbs shall be located outside roads;

c) In case of large aperture, the conveyor pole is allowed to be located on the median strip provided that the distance from the foot of pole to the outer edge of the motorway is at least 0.5 meter;

d) The conveyor pole shall not be located on existing road infrastructures such as drainage sewers or ditches.

Article 8. Shared safety corridors between roads and railways

1. The safety corridor shall be demarcated on the principle of giving priority to the rail safety corridor while ensuring that the rail safety corridor does not overlap roadworks talus or any part of roadworks.

2. Where the roadworks is adjacent to and shares the same safety corridor with railways, the boundary shall be demarcated as stipulated in clause 2, Article 1 of the Decree No. 100/2013/ND-CP.

3. Where the shared safety corridor is smaller than the expected rail safety corridor under provisions of laws, the rail safety corridor shall be prioritized; in the event that the rail safety corridor overlaps the construction works, the boundary shall be the outer edge of the roadworks.

Article 9. Works outside road safety corridors

1. Every works located outside the road safety corridor shall maintain the distance stipulated in Article 22 of the Decree No. 100/2013/ND-CP.

2. In case that any works outside the road safety corridor affecting traffic safety and traffic flows but is not remedied at requests of road authorities, the road authorities shall request the People’s Committee to deal with, within their jurisdiction, under regulations of laws.

Chapter III

UITILIZATION OF PROTECTED AREAS OF ROAD INFRASTRUCTURES

Article 10. Utilization of protected areas of road infrastructures

1. The utilization of protected areas of road infrastructures (hereinafter referred to as “protected area”) shall apply Article 26 and 28 of the Decree No. 11/2010/ND-CP and provisions hereof.

2. Prior to the expansion of boundaries of inner cities where roads cross, the People’s Committees of provinces and centrally-affiliated cities ( hereinafter referred to as “People’s Committees of province” ) shall be responsible for the construction of collector roads, connection points and intersections of roads crossing inner cities under provisions hereof.

3. Roads passing housing shall be connected with national highways through feeder roads; the existing roads shall be replaced with collector roads under the approved connection point planning.

4. It shall be approved in writing by competent road authorities and competent rail authorities prior to utilization of the road safety corridor where the road and railway cross each other.

5. Billboards may be temporarily put up on road safety corridor in case of unfavorable conditions of outside terrains.

6. Areas under bridges shall not be used for business, parking or housing.

The utilization of spaces under a bridge as temporary parking lots shall be approved by the People’s Committee of the province (for bridges crossing over municipal roads) or the Ministry of Transport (for bridges crossing over national highways), within the administration The Department of Transport shall be responsible for the use of spaces under bridges as temporary parking lots. Every temporary parking lot shall satisfy requirements for fire and explosion prevention, traffic safety, environmental protection and shall facilitate bridge inspection, maintenance and repair under provisions of laws.

7. With respect to hydropower projects, irrigation projects and projects with detours:

a) Detours shall be constructed at the investor’s account.

b) Every investor shall obtain the Directorate for Roads of Vietnam’s consent to detour direction, scale, specifications and other aspects related to national highways during the project proposal.

c) The People’s Committee of the province shall assign a competent authority s to deal with issue related to provincial roads.

8. People’s Committees of provinces shall details the utilization if protected areas within the province in accordance with provisions of laws and the reality of the province under the Decree No. 11/2010/ND-CP Decree 100/2013/ND-CP and provisions hereof.

Article 11. Management and utilization of protected areas of road infrastructures constructed under PPP projects and special purpose roads

1. Regarding the construction or renovation of essential works, intersections or connection points to roadworks under PPP projects, the competent authority shall request the investor of PPP project to submit descriptions on traffic safety, works structure impact, fee collection and other relevant issues.

2. The construction or renovation of essential works, intersections or connection points to special purpose roads under PPP projects shall be approved by organizations or individuals taking charge of managing and operating such special purpose roads.

Article 12. Essential works within protected areas

1. Essential works includes:

a) Every works for national defense and security;

b) Every works required sophisticated engineering techniques such as: telecommunication or electricity infrastructures; water/gas/petroleum/chemical pipelines.

2. In special cases, essential works may be allowed to be constructed inside the protected area and shall:

a) Be designed, assessed, approved and conform to regulations of laws on construction;

b) Do not affect the maintenance, structure and function of roadworks, ensure the traffic safety and surrounding works security;

c) Be conformable to the urban planning, landscape and environmental protection.

3. For essential works connected to bridges:

High-voltage electrical grids, fuel pipelines (petroleum, gas, oil...), chemical pipelines, or any explosive/corrosive/flammable material shall not be accepted;

b) For new bridges with technical boxes and girder sets: the essential works attached to such bridge shall be approved only if it is compatible with the bridge design, payload, size and other elements;

c) Every investor of essential works shall have qualified consultants assess the impact of installation of essential works on traffic safety and bridge durability prior to the application for approval for the installation of essential works.

4. With respect to underground essential works crossing roads (hereinafter referred to as “underground works”):

a) Trenchless techniques shall be applied, where it is impossible to apply trenchless techniques, open-cut technique shall be used.

b) No essential works shall be installed inside horizontal drainage sewers. Where the essential works crosses any utility tunnel that has sufficient room for the essential works, it shall be installed inside the utility tunnel;

c) Every essential works crossing under roads by trenchless technique shall meet the following technical requirements: it shall be covered with a durable pipeline or box and shall be compatible with the road payload; the distance from the lowest elevation point of the road surface to the highest point of the essential works shall be at least 01 meter but not lower than the thickness of the pavement structure (except for special cases where the competent authority’s approval is required).

d) In case of application of open-cut techniques: the tunnel satisfying road route design standards shall be constructed; the distance between the highest point of the tunnel and the lowest point of the road edge shall be at least 1.5 m; there is sufficient space for the essential works and maintenance work; the procedures for operation and utilization of the essential works shall be introduced.

5. For conveyors crossing over roads:

a) Conveyors shall not hinder the traffic safety and landscape

b) Every conveyor crossing over roads shall satisfy requirements for height and width as stipulated in Articles 6 and 7 hereof and the traffic safety shall be inspected. The conveyor section crossing over roads shall be covered to conserve the landscape and environmental protection;

c) Conveyor design documents shall be inspected and assessed in respect of conveyor safety under regulations of laws on construction.

6. For infrastructures for the Communist Party and State government’s policy propagating:

a) Such infrastructures shall not be installed within vertical curves, horizontal curves or slopes that may hinder sight distance

b)The design documents shall be inspected and assessed to ensure the safety under regulations of laws on construction.

7. Handling of incidents in connection to essential works:

Every operator of essential works shall promptly tackle every incident occurring within the protected area at the time it is reported or found. In case that such accident is not promptly tackled by the operator and affects the road traffic; the road authority shall resolve such incident. The operator shall be liable for and pay all expenses for tackling such incident.

8. Any essential works that is planned to be located outside the protected area and may affect traffic safety and road infrastructures shall obtain the road management authority’s prior consent.

9. Every essential works granted construction permit shall be promptly removed at request of the competent road authority; the investor or operator of such infrastructure shall be liable for the construction and removal of their essential works without compensation or assistance.

Article 13. Approval for construction of essential works inside protected areas of national highways in use

1. The Ministry of Transport shall approve essential works within the protected areas of expressways.

2. The Directorate for Roads of Vietnam shall consider approving:

a) Projects for construction, renovation and expansion of essential works with the total length of exceeding 1 km within protected areas;

b) Projects for wiring electrical grids of at least 35 kV; projects for construction of water pipelines with the diameter of exceeding 200 mm; irrigation works or conveyors; fuel pipelines or hazardous chemical pipelines; projects for construction of sewer systems or bridges crossing over roads;

c) Projects for construction of essential works in connection to national highways under the administration of at least two supervisory national highway authorities;

d) Projects for essential works connecting to bridges with the total bridge span of exceeding 100 meters; or projects for construction of tunnels crossing over roads.

3. Every Road Management Department and Service of Transport shall consider approving:

a) Projects for construction of essential works in connection to roads under their administration but beyond the administration stipulated in clauses 1 and 2 of this Article;

b) Projects for repairing essential works s in connection to national highways under their administration;

4. Every application for approval for the essential works shall include:

a) An application form for essential works construction inside protected areas using the form in Annex 1 hereof;

b) Design documents including site plans, longitudinal profiles and cross-section profiles of the project location. For projects for construction regarding bridges, tunnels or other complicated construction works, if the design document is working drawings or shop drawings, it shall be enclosed with certified true copies of design assessment reports;

c) Quantity of application: 01

5. The procedure for application shall follow Article 19 hereof

6. Time limits for approval: 07 working days from the date of receipt of valid application.

7. Every approval shall be valid for 18 months from the date of issue; after 18 month, the extension procedure shall be carried out. The extension procedure shall be as follows:

a) Submission of an application for extension using form in Annex 2 hereof;

b) Time limits for approval: 05 working days from the date of receipt of valid application.

c) Duration of extension: Not exceeding 12 month for only one extension

d) The procedure for application shall follow Article 19 hereof

Article 14. Application for construction permit for essential works inside protected areas of roads in use

1. Every Road Management Department and Service of Transport managed road has the competence to grant construction permits.

2. Every application for the construction permit for the essential works shall include:

a) An application form for the construction permit using Annex 4 hereof;

b) Certified true documents on approval for essential works by competent road authorities (or copies enclosed with original documents for comparison);

c) 02 original shop drawings which specifies construction methods approved by the competent authority

d) Quantity of application: 01

3. The procedure shall follow Article 19 hereof

4. Time limits for the grant of construction permits: 07 working days from the date of receipt of valid application.

5. Every essential works within the protected area shall undergo acceptance procedures by the licensing agency.

Article 15. Responsibilities of investors and operators

1. Responsibilities of investors:

Every investor shall

a) Supervise and inspect the construction of works that may affect traffic safety and road infrastructures;

b) Repair, restore and maintain roads affected by essential works within the protected areas;

c) Submit as-built documents to licensing agencies

2. Responsibilities of essential works operators:
Every operator shall:

a) Manage and carry out maintenance under laws on works security;

b) Do not affect traffic safety, roadworks, surrounding works and the maintenance of roadworks in the utilization;

c) Be responsible for accidents occurring in relation to the maintenance;

d) Apply for the periodic maintenance permit, if it affects the traffic safety and roadworks durability under Article 14 hereof.

Article 16. Approval for temporary installation of billboards within protected areas of national highways in use

1. Billboards installed either outside or inside protected area shall conform to laws on advertising and management and protection of road infrastructures. Every organization or individual permitted to install billboards shall be responsible for issues in relation to such billboards.

2. The horizontal safety distance for billboards shall be at least equal to 1.3 times as high as the billboard height (the highest point of billboard) but not under 05 meters, measuring from the road surface to the lowest point of the billboard.

3. The horizontal safety distance for billboards outside the land reserved for roads is prescribed in clause 2 of this Article. If any violation against the horizontal safety distance is found, the road authority shall request the licensing agency to have the installation suspended.

4. Authorities competent to approve the temporary installation of billboards within protected areas of highways in use are as follows:

a)The Directorate for Roads of Vietnam has the competence to consider granting approval for billboard installation on national highway systems;

b) Road authorities and Services of Transport have the competence to consider granting approval for national highway routes within their administration.

5. The procedures, application and time limits for granting construction permits are the same as that of essential works.

Article 17.Construction of essential works on new or renovated national highways

1. When making proposals for projects for construction, renovation, modification of roads or detours, every investor shall:

a) Submit general information of the project ( engineering grade, scale, direction, cross section, expected date of commencement and completion) to relevant regulatory authorities;

b) Propose safety measures for roadworks to mitigate the impact of the construction of essential works;

c) Request the essential works operator to install technical boxes or apply safety measures according to requests of authorities competent to make decision on investment;

2. Every organization and individual wishing to construct essential works in connection to projects for construction or renovation of national highways shall:

a) Submit an application( and work item specifications) to the operator of the national highway project;

b) Apply safety measures to ensure the roadworks safety and durability during the construction ;

3. The investor shall comply with Article 14 hereof on application for construction permit and pay utility tunnel rent, where the essential works is required to be installed inside a utility tunnel.

4. b) The investor of essential works shall pay all incurring expenses for safety measures ;

Article 18. Approval for construction of essential works inside protected areas of national highways in use

1. The investor shall submit an application for approval for the design and technical solutions to the Directorate for Roads of Vietnam prior to the application for approval for the new construction project within land reserved for roads ( excluding projects invested by or granted the decisions on investment by the Ministry of Transport or Directorate for Roads of Vietnam).

2. Every investor or construction contractor of projects located on national highways in use shall apply for the construction permit to the Service of Transport .

3. An application for construction permit includes:

a) An application form for the construction permit using Annex 4 hereof;

b)Certified true documents on approval for drawings by competent road authorities (or copies enclosed with original documents for comparison);

c) Original shop drawings (which specify construction methods) approved by the competent authority

d) Quantity of application: 01

4. The order shall follow Article 19 hereof

5. Time limits for the grant of construction permits: 07 working days from the date of receipt of valid application.

6. With regard to projects for renovation of roads in use invested by the Ministry of Transport and Directorate for Roads of Vietnam, the construction permit is not required. However, prior to the commencement, the project management board or construction contractor shall submit the decision on approval for the project and approved shop drawings to the road authority.

7. Entities carry out regular maintenance shall apply traffic safety measures during the maintenance. The permit for regular maintenance shall not required.

8. Every People’s Committee of provinces shall manage and maintain roads within their administration according to the reality and regulations of laws, except for national highways under authorization.

Article 19. Administrative procedures

1. Applicants shall submit their applications to competent authorities directly, or by post or via any acceptable means of transmission.

2. The competent authority shall receive and examine applications.

a) For any application submitted directly: after the examination, any valid application shall be received by the competent authority, otherwise, the competent authority shall instruct the applicant to complete the application.

b) Any application submitted indirectly shall be received by the competent authority. In case of uncompleted application, the competent authority shall send the applicant a guiding document within 02 working days from the date of receipt of the application.

c) The competent authority shall verify the application and grant the construction permit or approval for construction if it is eligible. In case of rejection, the competent authority shall send the applicant a notice in which reasons for rejection shall be specified.

Chapter IV

FEEDER ROADS CONNECTED TO NATIONAL HIGHWAYS

Article 20. Feeder roads connected to national highways

1. Feeder roads connected to national highways include:

a) Roads in provinces, districts, communes and cities;

b) Access roads to petrol & oil outlets;

c) Special purpose roads including: forest roads, mine haulage roads, roads for construction, roads in industrial parks, roads connecting to separate works;

d) Collector roads and those connecting to collector roads

2 The feeder road shall be connected to national highways via connection points approved by the People’s Committee of the province.

3. The feeder roads shall be connected to national highways in accordance with the approved urban planning.

4. Every intersection connected to national highways shall be designed in accordance with current technical regulations on motorways.

5. Connection points shall not be included in expressways. The connection to expressways shall conform to technical specifications.

6. Feeder roads shall be connected to new or renovated national highways or detours as follows:

a) According to the socio-economic development planning of the province where the works crossing, the investor shall determine intersections or interchanges between the existing roads and their works, and shall position service stations according to motorways standards and submit the route design to the People’s Committee of the province

b) Every People’s Committee of provinces shall submit a list of connection points (including petrol & oil outlets) by road scale and technical standard to the competent authority under clause 3, Article 22 hereof.

Article 21. Minimum distance between two connection points to national highways

1. The distance of two connection points to national highways specified in clause 1 Article 20 hereof in inner cities shall be determined according to the urban planning approved by the competent authority.

2. The distance of two connection points to national highways specified in clause 1 Article 20 hereof outside cities shall be determined as follows:

a) The distance of two adjacent points on roads of grade I and II shall be at least 5,000 meters; and at least 1,500 meters and 1,000 meters for those on roads of grade III and grade IV or lower, respectively.

b) For dual carriageways with sufficient land reserved for turning lanes (for vehicles turning right at intersection) the distance between two adjacent points along one side of the national highway shall be as follows: for road of grade I and II:2,000 meters; for road routes of grate III or lower: 1,000 meters.

c) For mountainous terrain, canyons, rivers and terrains with obstacles not being removed, the minimum distance between two adjacent points shall be approved by State competent authorities.

3. The minimum distance between two adjacent petrol & oil outlets ( measuring from the center of the outlet) connected to access roads to national highways shall meet the distance specified in clauses 1 and 2 of this Article and shall satisfy the following requirements:

a) For dual carriageways in inner cities, the distance between two adjacent petrol & oil outlets along the national highways shall be at least 1,000 meters; in case of single carriageways, the distance shall be at least 2,000 meters;

a) For dual carriageways and sufficient land reserved for turning lanes in suburbs, the distance between two adjacent outlets along the national highways shall be at least 6,000 meters; in case of single carriageways, the distance shall be at least 12,000 meters;

4. For petrol & oil outlets planned to be located in the vicinity of or at the connection point of other feeder roads, it shall be adjusted in the priority of the early works or sharing the connection point.

Article 22. Planning for connection points to national highways

1. The connection point planning shall include the position, forms of intersection, and plans for traffic flow coordination

2. Every People’s Committee of the province shall assign qualified consultants to prepare the connection point planning and submit it the competent authority of the province. There may be connection point planning for all national highways or individual national highways.

3. Approval for the connection point planning:

a) The People’s Committee of the province shall submit 02 applications for approval for the connection point planning (including electronic data) to the Ministry of Transport and Directorate for Roads of Vietnam.

b) The Directorate for Roads of Vietnam shall examine the application and request the Ministry of Transport to consider approving the connection point planning. The Directorate for Roads of Vietnam may request the People’s Committee of the province to adjust the planning in writing, where necessary, before submitting the connection point planning to the Ministry of Transport.

Article 23. Procedures for connection point planning

1. Collect information on the existing works and the planned works

2. Carry out survey and statistics on:

a) Existing feeder roads specified in clause 1 Article 20 hereof; the position of feeder road connection points approved and not approved by the competent authority; the compliance of connection points with motorway design standards;

b) National highway sections within and beyond urban areas; list of national highway sections that do not have their collector roads due to shortage of land reserve, the works and topography hindering the construction of collector roads along national highways;

c) Feeder roads with the cross-section of not exceeding 2.5 meters for the movement of only motorcycles and non-motorized vehicles that is connected to national highway by the effective date of the Decree No. 186/2004/ND-CP on management and protection of road infrastructures but have not been extended eliminated under clause 1 of Article 29;

d) Petrol & oil outlets constructed under the petrol and gas outlet planning approved by the People’s Committee of the province ( or the Ministry of Industry and Trade) which specifies types of petrol and gas outlets allowed and not allowed to be located inside safety corridors. In case of absence of petrol and gas outlet planning, the authority in charge of making connection point planning shall cooperate with the State regulatory authority to draw up the connection point planning to petrol and gas outlets .

3. Aggregate local functional authorities’ assessment about the compliance with the socio-economic development planning, land use, land reserve for collector roads, petrol and gas outlets in connection to connection points.

4. Have the connection point planning of each national highway separately recorded.

Article 24. Documents on connection point planning

1. Documents on connection point planning include:

a) Descriptions of the connection point planning: the socio-economic development of the provinces and areas along both sides of national highways planned to have connection points;

b) National highway conditions: highway grade, beginning points and endpoints; special positions ( inner cities/downtowns; bridges, tunnels, intersections with railways); the use of road safety corridor and traffic safety; information in relation to the national highway planning;

c) Written explanations for feeder roads within safety corridors, the minimum distance of two adjacent connection points that fails to meet the minimum distance stipulated hereof; roadmaps for elimination of small feeder roads under point c, clause 1 of Article 23.

d) The petrol & oil outlet planning within the province approved by the competent authority (if any)

dd) The urban planning where the national highway crosses approved by the competent authority (if any)

e) Instructions on the connection point planning of the supervisory Road Management Department and Service of Transport:

2. Connection point planning maps:

a) The summary of the connection point planning and current conditions;

b) Connection point maps

Article 25. Approval and execution of connection point planning

1. Approval and execution of connection point planning

a) According to the approval of the Ministry of Transport, the People’s Committee of province shall approve the connection point planning, announce and execute the planning; and submit the approved planning documents to the Ministry of Transport and Directorate for Roads of Vietnam.

b) Where it is necessary to construct, renovate or expand any connection point included in the planning, the entity using such connection point shall submit an application as stipulated in clause 3, Article 26 hereof, according to the permission for using connection points by the People’s Committee of the province.

2. After constructing, renovating or expanding connection points according to approved planning, the People’s Committee of the province shall remove the connection points that fail to satisfy the minimum distance requirements.

3. Any people’s Committee of provinces whose connection point planning is approved by the Ministry of Transport or planning documents are submitted to the Ministry of Transport and Directorate for Roads of Vietnam before the effective date of this Circular ( according to the post stamp) wishing to adjust the planning in accordance with the Decree No. 11/2010/ND-CP Decree100/2013/ND-CP and this Circular shall submit the adjusted planning documents to the Ministry of Transport and Directorate for Roads of Vietnam.

Article 26. Approval for designs and construction methods of intersections connected to national highways

1. Prior to the renovation of the intersection, the operator authorized to operate the approved connection point shall submit an application for approval for design and construction methods to the road authority.

2. The competence to approve designs and construction methods of intersections connected to national highways is as follows:

a) The Directorate for Roads of Vietnam has the competence to approve the design and traffic coordination at intersections connecting to roads of grade I, II and III.

b)The Road Management Departments and Services of Transport have the competence to approve the design and traffic coordination at intersections connected to roads of grade IV and lower, within their administration

3. An application for approval for the design and traffic coordination at intersections includes:

a) An application form for approval using the form in the Annex 3 hereof;

b) A connection point planning approved by the People’s Committee of the province (a certified true copy or a copy enclosed with its original for comparison); or the Ministry of Transport ‘s documents on approval for connecting feeder roads to national highways not included in the approved planning (a certified true copy or a copy enclosed with its original for comparison)

c) A power of attorney authorizing the applicant as the investor or operator of the intersection by the People’s Committee of the province (or copies enclosed with original documents for comparison);

d) Original technical design documents and traffic coordination plans ( including traffic safety measures) prepared by consultants licensing for practicing in roadworks

e) Quantity of application: 01

4. The procedure shall follow Article 19 hereof

5. Time limits for approval: 10 working days from the date of receipt of valid application.

6. For new roads connected to national highways whose technical design is approved by the Ministry of Transport or Directorate for Roads for Vietnam, the application for approval for technical design and traffic coordination is not required.

7. Every approval shall be valid for 12 months from the date of issue; after 12 month the extension procedure shall be carried out. The procedure for extension shall follow clause 7, Article 13 hereof.

Article 27. Application for permits for construction of intersection connected to national highways

1. Every Road Management Department and Service of Transport managed national highways has the competence to grant permits for construction of intersection connected to national highways (hereinafter referred to as “construction permit”).

2. An application for the construction permit includes:

a) An application form for Construction permit using Annex 4 hereof;

b) Certified true documents on approval for construction or the intersection design by competent road management authorities (or copies enclosed with original documents for comparison);

c) Original shop drawings (including traffic safety measures during the construction) approved by the competent authority.

d) Quantity of applications: 02

3. The procedure shall follow Article 19 hereof

4. Time limits for the grant of construction permits: 07 working days from the date of receipt of valid application.

5. Every intersection shall undergo the acceptance procedure and shall be approved by the licensing agency.

6. The investor shall be responsible for the intersection quality and shall submit as-built documents to the licensing agency.

7. The operator shall be responsible for the intersection maintenance. The regular maintenance of intersections may be carried out without permission but the operator shall be responsible for all occurrences. The periodic maintenance shall be carried out after obtaining the construction permit under provisions of this Article

Article 28. Temporary connection to national highways in use

1. Any project located in unfavorable terrain or applied special technical equipment, the temporary connection points are allowed to be constructed to facilitate the transport of construction materials and equipment within a certain period; after this period, the original state of safety corridors shall be restored.

2. The useful life of a temporary connection point shall not exceed 12 months. It may be extended only once in some special cases but the total time limit shall not exceed 24 months After the set forth time limit, the investor shall be responsible for the elimination of such temporary connection points and store the original state of the road safety corridor; in case of construction of exceeding 24 months, collector roads from the project to the intersection of the nearest connection point included in the approved connection point planning.

3. An application for temporary connection to national highways in use includes:

a) An application form for temporary connection which specifies reasons for temporary connection, location, chainage and useful life of the temporary connection point;

b) Documents on approval for investment or decision on investment by the competent authority and relevant documents (if any);

c) Documents on current conditions of the route where the temporary connection point located, impact on traffic safety and traffic safety measures of the road authority (for national highways under the administration);

d) A temporary connection point map and traffic coordination plan

4. Procedures for application for temporary connection points

a) Every applicant shall submit an application to the Service of Transport.

b) The receipt of applications shall follow point a and b, clause 1, Article 19 hereof.

c) The Service of Transport shall verify the application and submit it to the People’s Committee of the province; the People’s Committee of the province shall submit a request for approval for temporary connection point to the Directorate for Roads of Vietnam enclosed with documents which specify reasons for temporary connection, location, chainage, useful life of the temporary connection point as specified in clause 3 hereof.

d) The Directorate for Roads of Vietnam shall consider approving the application for temporary connection point within 10 working days from the date of receipt of the complete application. In case of rejection, Directorate for Roads of Vietnam shall submit the People’s Committee of the province a written notice of rejection.

dd) The Directorate for Roads of Vietnam shall send the investor a written notice within 05 working days from the date of receipt of the consent of the Directorate for Roads of Vietnam.

5. The application for approval for temporary connection point design and construction permits shall follow Articles 26 and 27 hereof.

Article 29. Handling of issues arising from the utilization of safety corridors

1. Residential roads with the width of not exceeding 2.5 meters which facilitate the traveling of motorcycles and non-motorized vehicles and are spontaneously connected to national highways before the effective date of the Decree No. 186/2004/ND-CP shall be remain unchanged until December 31, 2020.

2. Any petrol & oil outlet that is connected to national highways under the approval by competent authorities but not satisfies the minimum distance under provisions hereof is allowed but shall be adjusted or eliminated by December 31, 2020.

Any petrol & oil outlet illegally connected to national highways or being located inside road safety corridors shall be dealt with in accordance with provisions of laws.

3. Every housing, manufacturer or business occupying road safety corridor but not affecting traffic safety or roadworks may be temporarily allowed but shall keep their current condition remain unchanged; land users shall make commitments not to expand their housing, manufacturer or business with the People’s Committee of the commune and supervisory road authority. Where the works is downgraded but has not been compensated for clearance by the State, the People’s Committee of the commune and road authority shall assess the user’s land and their property on land as the basis for compensation or restoration of works.

4. Where the use of the road safety corridor affects the traffic safety and roadworks, the competent road authority shall assess the seriousness of affect and request the People’s Committee to withdraw land and grant an assistance in or compensate for land and property on land that exist prior to the announcement of the road safety corridor.

5 . Every organization and individual illegally occupying road safety corridors shall not be compensated for clearance.

6. The compensation for clearance of the works inside safety corridors under provisions of laws shall be determined according to the date of construction of such works.

Road Management Departments and Services for Transport shall instruct road authorities and People’s Committee of communes to draw up the sketch of road which specifies the location , scale and construction schedule of the project located in the road safety corridor under the Decree No. 11/2010/ND-CP by the following milestones:

a) By December 12, 1982 when regulations on road safety corridors had not been introduced yet;

b) From December 12, 1982 to by January 01, 2000 under the Decree No. 203/HDBT on road regulation dated December 21, 1982 by the Board of Ministers;

c) From January 01, 2000 to by November 11, 2004 under the Government’s Decree No. 172/1999/ND-CP dated December 07, 1999 detailing the ordinance on protection of road infrastructures ;

b) From November 20, 2004 to by April 15, 2010 under the Government’s Decree No. 186/2004/ND-CP;

dd) From April 15, 2010 under the Decree No. 11/2010/ND-CP ;

Article 30. Responsibilities for roads in construction and renovation of road authorities and investors

Every road authority and investor shall:

1. Take charge of and cooperate with People’s Committees of districts and communes to mark road safety corridor boundaries and request the People’s Committee of the province to consider approving the road safety corridor boundaries; take charge of and cooperate with People’s Committees of districts and communes to publish and mark road safety corridor boundaries , and transfer them to People’s Committees of communes to manage.

2. Regularly check and inspect the illegal encroachment and utilization of safety corridors . Any violation found shall be promptly reported to the People’s Committees of communes or Road Inspectorate to impose administrative penalties and deal with within their competence.

3. Cooperate with the Road Inspectorate and regulatory authorities to clear away every works illegally occupied safety corridors within the administration; periodically report their superior road authority on road management .

Article 31. Responsibilities of road authorities and People’s Committees of provinces

1. Every Road Management Department and Service of Transport shall:

a) Prepare plans and measures of handling of violations against road safety corridors

b) Submit reports on difficulties and issues arising from the management and protection of road infrastructures to the Directorate for Roads of Vietnam (for national highways) or People’s Committees of provinces (for roads within the province administration).

c) Update new and renovated essential works data to essential works records, within their administration;

d) Road Management Departments or Departments of Transport shall retain documents and input information into project management records within their administration; submit approvals and Construction Permits to the Directorate for Roads of Vietnam and inspectorate of Departments of Transport.

2 The Directorate for Roads of Vietnam shall carry out the maintenance and management of national highway infrastructures nationwide under provisions hereof.

3. People’s Committees of provinces

Every People’s Committee of province shall:

a) Comply with laws on land transfer, land lease, granting certificates of planning and construction permits ;

b)Invest in constructing collector roads (outside road safety corridors) along both sides of national highways according to the approved connection point planning; prevent and deal with the direct connection to national highways.

4. People’s Committees of districts

Every People’s Committee of the district shall:

a) Clear away any works that affects the road infrastructure maintenance in accordance with road traffic development plans and ensure the security of road infrastructure and road safety;

b) Forcibly clear away any works illegally constructed, set up road safety corridor order; prevent and deal with the illegal encroachment and utilization of safety corridors;

c) Cooperate with road authorities and road Inspectorate to deal with violations against roadworks, illegal occupation and utilization of roads.

5. People’s Committees of communes

Every People’s Committee of the commune shall

c) Cooperate with Road Management Unit and Road Inspectorate to deal with violations against roadworks , illegal occupation and utilization of roads.

b) Take delivery, manage and protect centerlines

Article 32. Responsibilities of other entities

1. Relevant entities shall:

a) Protect road infrastructures; notify road authorities or the People’s Committee of the nearest province of violations against laws on road infrastructure protection;

b) Be responsible for violations against regulations on management and protection of road infrastructures

2. Every Road Inspectorate shall:

a) Take charge of and cooperate with road management unit to deal with violations against regulations on management and protection of road infrastructures, within the administration.

b) Take charge of and cooperate with road management unit to submit records of violations against safety corridors to the People’s Committee of the province;

c) Take charge of cooperate with the road management unit and Road Inspectorate to complete records of violations against roadworks , illegal encroachment and utilization of roads. In case of serious violations, the record shall be submitted to the competent authority.

3. Regulatory authorities shall deal with violations against laws on road infrastructure protection, within their jurisdiction; cooperate with road authorities to protect road infrastructures.

Chapter V

PROVINCIAL ROAD NAME AND CODES

Article 33. Rules for naming provincial roads

1. Provincial roads shall be named in accordance with Article 3 and 4 of the Decree No. 11/2010/ND-CP.

2. Any provincial roads named before the effective date of this Circular shall remain unchanged.

Article 34. Provincial road codes

1. Provincial road codes shall be used for provincial roads only.

2. The provincial road code is series of 03 digits; regulation on provincial road codes by province shall be presented in the Annex 7 hereof.

Chapter VI

TRAFFIC MOVEMENT AND TRAFFIC SAFETY DURING THE CONSTRUCTION IN PROTECTED AREAS

Section 1. PRE-CONSTRUCTION

Article 35. Grant of construction permits for works within the protected areas

1. The construction, renovation and restoration of essential works, roads, connection points or temporary installation of billboards within the protected area shall only be conducted after receipt of the construction permit using Annex 5 hereof from the Road Management Department or Department of Transport (supervisory national highway authorities).

2. The investor or construction contractor shall submit an application for the construction permit to the competent road authority under Articles 13, 14, 16, 17 and 18 hereof.

Article 36. Site transfer

1. Every organization or individual granted the construction permit or approval for construction shall carry out the procedures for site transfer.

2. Such organization and individual shall be responsible for the management and assurance of traffic flows; apply traffic safety measures from the date of transfer.

Section 2. CONSTRUCTION

Article 37. Construction methods and construction duration

1. Organizations and individuals shall follow the approved construction methods and schedule, facilitate the traffic movement and shall not damage existing roads infrastructures. In case of unavoidable damage, such organization and individual shall obtain the road authority’s written consent to protective measures, temporary demolition, removal and re-construction or compensation for damage under regulations of laws.

2. Construction organizations and individuals shall be subject to the supervision and inspection of the compliance with regulations on construction safety by road management authorities and Road Inspectorates; and shall be responsible traffic safety during the construction.

Article 38. Construction within the pedestrian areas

1. Every organization and individual carries out the construction within pedestrian areas shall:

a) Do not affect the vision of road users;

b)Do not affect traffic safety;

c) Apply safety measures when installing large-sized equipment

d) Do not affect the structure and safety of existing works;

2. Do not level, dispose or bulldoze the land areas reserved for roads

Article 39. Detours, temporary bridges and road signs

1. If the old bridge is still utilized during the construction of the new one, the construction contractor shall be responsible for the traffic safety and traffic movement until the new bridge comes into operation.

2. Detours and temporary bridges shall be completed before the construction of the main works. Detours and temporary bridges shall be capable of bearing the same payload and have the same size as the old ones. Every detour and temporary bridge in national highways of grade III or higher shall have at least 02 lanes.

3. The traffic signaling system shall be completed prior to the construction of the main works under the convention on road signs

Article 40. Lookouts

1. There shall be lookouts to coordinate traffic flows during the construction; warning signs such as signposts, flags, and red flashes at night shall be available.

2. Every lookout shall be equipped with flags, whistles, torches and shall wear a red loop on their left arm.

Article 41. Signboards, insignia and construction protective clothing

1. Every construction organization or individual shall put up signboards which specify name of the project management organization or governing organization, project name, construction chainage, office address, telephone number of site managers on both ends of the construction site.

2. Every site manager shall wear insignia, and workers shall wear protective clothing under provisions of laws.

Article 42. Construction vehicles

1. Every construction vehicle shall be equipped with safety devices and have its number plate registered under provisions of laws.

2. After construction hours, all construction vehicles shall be parked in designated places. In case of no designated place for parking, construction vehicles shall be parked along roadsides where are visible and have warning signs.

3. Every construction vehicle that is out of work shall be moved to roadsides and the construction contractor shall put up warning signs under provisions of laws.

Article 43. Construction of roadbeds, road surface and bridge decks

1. Part of the roadbed, road surface or bridge deck shall be reserved for road users during the construction. To be specific:

a) Road surface or bridge decks of not exceeding 03 lanes: at least 01 lane reserved;

b) Road surface or bridge decks of exceeding 03 lanes: at least 02 lanes reserved;

2. Where it is not enough room for 01 lane reserved or may cause traffic jam, temporary bridges or detours are required.

3. In case of isolated roads that fail to satisfy requirements in clauses 1 or 2 of this Article, the traffic movement and safety plans (including waterways or railways) shall be included in the proposal of the project; and work items shall be constructed and come into operation prior to the construction of main works.

4. The expansion of road beds by digging shall be finished by dug section. In case of weak geological structure, or digging or backfilling road beds of exceeding 2 meters, the traffic safety plans and reaction measures for bad weather approved by the construction supervision consultants or works operator shall be available.

5. In case of construction of road surface and foundation: the length of each construction section shall not exceed 300 meters and the distance between two construction sections shall be at least 500 meters. In rainy seasons, the construction shall be completed by the end of every shift or day and shall prevent construction materials from drifting to roadsides that may damage to resident’s property and cause environmental pollution.

6. In case of installation of sewer pipes crossing roads without detours:

a) The construction site shall not exceed a half of the road surface width, the remaining shall be used for traffic movement;

b) For roads with huge volume of traffic, the construction site shall not exceed a third of the road surface width, the remaining shall be used for traffic movement;

c) For roads of grade III or higher, if it is impossible to set aside 02 lanes for traffic, the road shall be temporarily extended to create sufficient area for two lanes;

d) For roads of grade IV, V and VI, if it is impossible to set aside 01 lane for traffic, the road shall be temporarily extended to create sufficient area for 01 lane;

dd) Guardrails surrounding holes and warning signs shall be installed when carrying out the construction stipulated in point a, b, c and Article of this clause under current regulations on road warning signs.

7. The construction methods and schedule shall be proposed according to types of works.

Article 44. Construction materials

1. Construction materials shall be placed on roads to serve the construction of only 2 or 3 construction sections, the material length shall not exceed 300 meters and shall not be placed on both sides of the roads.

2. The construction shall be finished and wastes shall be cleared before the flood. Traffic safety measures in the event of occurrences due to flood shall be submitted to local road authorities.

3. All unused materials shall be removed to prevent environmental pollution and ensure the traffic safety.

Article 45. Construction with landmines and road closure

1. Utilization of landmines in construction

a) Comply with regulations of laws on using explosives;

b) Do not blast landmines from 7pm to 6am of the following day in somewhere in the vicinity of residential areas;

c) For any project using a large quantity of landmines, divided into multiple contracts, or construction sections, the investor shall consult the local government and the licensing agency about time of blasting, and shall publish on means of mass media.

2. Road closure for construction

a) The road shall not be closed for exceeding 01 hour and the interval between 02 blasting times shall be at least 04 hours;

b) Roads shall be closed only on off-peak hours;

c) It shall obtain a prior consent from the Directorate for Roads of Vietnam or Services of Transport to the excessive closure time of national highways or local roads, respectively .

Article 46. Roadside tree clearance

1. Warning signs of “tree cutting” shall be put up at both ends of a site; there are guards at both ends of the site and the safety distance shall be maintained.

2. Trees shall be prevented from falling onto road beds. In case that trees fall onto road beds, they shall be quickly moved to roadsides.

3. Tree branches or other objects shall not be thrown down on road beds or road surface.

Article 47. Repair of bridges, embankments and tunnels

1. The repair of bridges, embankments or tunnels without road closure measures shall be carried out as follows:

a) Warning signs of “narrow road”, “speed limit” and “construction site” shall be put up under regulations of laws;

b) There are guards and traffic coordinator available around the clock;

c) Construction equipment and materials shall be placed inside the site barrier ;

d) Electricity and water supply systems for the construction shall be regularly checked to prevent accidents

2. In case of failure to satisfy requirements in clause 1 of this Article, detours stipulated in Article 39 are required.

Article 48. Extension of access roads to ferries and floating terminals

1. During the repair or extension of access roads to ferries or floating terminals, part of road area shall be reserved for traffic as follows:

a) At least 4 meters for access roads to floating terminals;

b) At least 6 meters for access roads to ferries;

2. Protective equipment shall be equipped.

3. In case of failure to meet the minimum width set forth , temporary wharves shall be built.

Article 49. Salvage of sunk ferries and floating terminal

1. In case of salvage of sunk ferries or floating terminals, including the removal of obstacles in riverbeds, buoys and markers under regulations of laws.

2. Channels for ferries and floating terminals shall be available.

Article 50. Site clearance and transfer

1. After completion of the construction of not exceeding 01-kilometer road route or 01 bridge or culvert, the construction contractor shall remove all obstacles for traffic movement.

2. Every construction contractor shall remove their materials, equipment and obstacles from the construction site and fix all damage (if any) occurring due to the construction prior to the acceptance and transfer

3. After the completion of the work specified in clause 1 and 2 of this Article, the construction contractor shall request the investor to carry out acceptance and transfer procedures and put the works into operation; and return the construction site to the road authority .The transfer of construction site shall be made in writing

4. The road management unit shall carry out a physical inspection of the construction site. If the construction site is not cleared or roadworks damaged due to the construction has not remedied yet by the construction contractor, the road authority has the right to refuse the transfer and claim for a compensation under regulations of laws.

Article 51. Works completed but not yet undergo acceptance and transfer procedures

1. The investor shall promptly carry out acceptance and transfer procedures, and put the works into operation under regulations of laws on construction investment management.

2. For any works on roads in use, the construction contractor shall ensure the traffic safety and traffic movement until the works is accepted and transferred to the road management unit.

3. For any works on roads not yet come into operation, the construction contractor shall protect the works, ensure the road closure until the traffic movement is allowed, and shall take all involved responsibilities until the work is transferred .

Article 52. Responsibilities of investors

1. Every investor shall inspect and expedite the construction contractors , ensure the compliance with provisions of laws on road safety.

2. Every investor and their contractor shall reach agreement on clauses of penalties and termination if either party fails to comply with laws on traffic safety and assurance of traffic safety in the construction within land areas reserved for roads.

Chapter VII

TRAFFIC SAFETY ASSESSMENT

Article 53. Stages under traffic safety assessment

1. For new or renovated roads:

a) The traffic safety assessment is a must in design stage (for 03-stage-design projects) or shop drawings (for 02-stage-design projects ) and before the works comes into operation.

b)In addition to the above mentioned assessment stages, every person competent to make decision on investment may carry out the assessment at any time during the project proposal, design or construction phase, where necessary.

c) Projects invested by local government may apply provisions in point a and b, clause 1 of this Article or clause 1, Article 13 of the Decree No. 11/2010/ND-CP.

2. For roads works in use:

a) Any road in use shall undergo the traffic safety assessment if it falls into any case stipulated in clause 2, Article 13 of the Decree No. 11/2010/ND-CP.

b) The authority competent to decide and carry out the traffic safety assessment stipulated in clause 2 of Article 54 hereof shall have competence to approve the list of assessed road sections falling into point a of this clause submitted by the road authority.

Article 54. Competence to make decisions and carry out traffic safety assessment

1. For new or renovated roads:

a) The Ministry of Transport has the power to make decisions and carry out traffic safety assessment of projects invested by the Ministry of Transport or expressway or national highway PPP projects. Every investor or PPP project investor shall be responsible for the traffic safety assessment.

a) The Directorate for Roads of Vietnam has the power to make decisions and carry out traffic safety assessment of projects on national highways invested the Directorate for Roads of Vietnam. Every investor shall be responsible for the traffic safety assessment.

c) Every People’s Committee of provinces has the power to make decisions and carry out the traffic safety assessment of PPP projects for roads in urban, provinces and districts. Every investor shall be responsible for the traffic safety assessment.

2. For roads works in use:

a) The Ministry of Transport has the power to make decision and carry out traffic safety assessment of PPP projects for national highways or expressways invested by the Ministry of Transport. Every investor and organization authorized to manage expressways shall be responsible for the traffic safety assessment.

b) The Directorate for Roads of Vietnam has to make decisions and carry out national highway traffic safety assessment. Every organization authorized to manage national highways (Road Management Departments and Services for Transport) shall carry out the traffic safety assessment.

c) Every People’s Committee of provinces has the power to make decisions and carry out the traffic safety assessment of roads in urban, provinces, districts (including those under PPP projects). Road management units, investors, organizations and individuals having special purpose roads shall be responsible for the traffic safety assessment.

Article 55. Basis for traffic safety assessment

1. For new or renovated roads:

a) Decisions on the competence to make decision and carry out traffic safety assessment and stages of assessment stipulated in clause 1, Article 54 hereof.

b) Project documents: project proposals, basic design, technical design (for works with three-stage design) or shop drawings ( for works with one or two-stage-design), and other relevant documents;

c) Applicable Vietnam’s construction regulations, national technical regulations and standards decided by competent authorities;

d) Traffic safety inspection drafts approved by the investor under the Circular No. 45/2011/TT-BGTYT on expenses for traffic safety inspection of new and renovated roads dated June 10, 2011 by the Minister of Transport;

e) Written consents to the traffic flow coordination and impact on traffic safety of supervisory management authorities ( Road management Department or Services for Transport), in case of inspection of works before putting it into operation,

2. For roads in use

a) Decisions on road route approval or road route undergoing traffic safety inspection by the competent authority under clause 2, Article 54 hereof.

b) As-built documents, road management records of supervisory management authority, and traffic accidents records;

c) Vietnamese construction regulations, national technical regulations and relevant standards;

d) Traffic safety assessment draft approved by the competent authority under the Joint Circular No. 71/2014/TTLT/BGTVT-BTC on expenses for traffic safety inspection of roads in use dated December 10, 2014 by the Minister of Finance;

Article 56. Procedures for traffic safety assessment of new or renovated roads

1. The traffic safety assessment shall include the following tasks:

a) Collecting necessary documents and records; updating accident information (for traffic safety assessment of renovated works);

b) Studying collected documents to anticipate potential traffic risks; proposing preliminary solutions to traffic risks; compiling a lists of potential traffic risks and elements assessed in the site inspection;

c) Carrying out the inspection to identify, comparing or finding out potential traffic risks ( taking the impact of weather, residents and customs into consideration). The inspection of traffic safety before the road comes into operation shall be carried out in both day and night;

d) Consulting residents about traffic accidents and road traffic demand;

dd) Submitting traffic safety assessment reports which specify potential traffic risks and mitigation measures under Article 62 hereof to the investor.

2. The investor, after considering the traffic safety assessment report, shall request the competent authority to approve it in writing.

3. The competent authority shall evaluate traffic safety assessment reports and issue the approval for traffic safety assessment reports in writing.

4. The investor or person competent to make decision on investment shall be responsible for the addition of the results of traffic safety assessment to their project proposal.

Article 57. Procedures for traffic safety assessment of roads in use

1. Every traffic safety assessment shall include the following tasks:

a) Collecting necessary documents and records; updating accident information or traffic disorder occurring on the inspected roads;

b) Studying collected documents to anticipate potential traffic risks; proposing preliminary solutions to traffic risks; compiling a lists of potential traffic risks and inspected elements; anticipating traffic issues at intersections or interchanges;

c) Carrying out site inspection to identify, comparing or finding out potential traffic risks ( taking the impact of weather, residents and customs into consideration). The site inspection shall be carried out both day and night, regardless of unfavorable weather (rainy, foggy). The supervisory road management unit shall participate in the site inspection;

d) Cooperating with the supervisory road management unit, Local Traffic Safety Board and traffic police in potential traffic issues; and suggesting traffic safety enhancement measures .

dd) Submitting traffic safety assessment reports which specify potential traffic risks and mitigation measures under Article 62 hereof to supervisory road management unit and investor.

2. The investor and supervisory road management unit, after considering the traffic safety assessment report, shall request the competent authority to approve the report in writing.

3. The competent authority shall evaluate traffic safety assessment reports and approve such reports in writing.

4. Supervisory road management units or road authorities shall receive traffic safety assessment results and comply with current regulations of laws.

Article 58. Contents of traffic safety assessment during the project proposing or economic-technical reporting

Every traffic safety assessment shall include:

1. Overall solutions techniques to projects

a) The consistency of routes crossing control points; intersections and distance between intersections;

b) The layout plans of road infrastructures , drainage system, ecological conditions, hydrographic climate; impact of landscapes and utility infrastructures and access road to residential areas, emergency roads for firefighting apparatus and ambulances and future expansion of roads.

2. Geometrical features of site plan, longitudinal profiles, cross-section profiles, changes in cross section, traffic coordination and design standards.

3. Sight distance, transitional road sections, driver’s cognition and reaction.

4. Departure sight distance and intersection sight distance, horizontal cross-section profiles, layout plans.

5. Impact of roadside works, pedestrian facilities, non-motorized vehicles , motor vehicles.

6. Construction safety measures presented in overall technical solutions (detours, temporary bridges, construction site, signboards, traffic lighting systems and traffic control).

7. Other aspects of traffic safety.

Article 59. Contents of traffic safety assessment and inspection in technical design stages ( for 03-stage design projects) or shop drawing design (for 01 or 02-stage design projects ) and during construction.

The contents of assessment shall include:

1. Consideration of changes in comparison to the project proposal (if any) or economic-technical reports on drainage systems, ecological conditions, hydrographic climate; impact of landscapes and utility infrastructures and access roads to residential areas, emergency roads for firefighting apparatus and ambulances and future expansion of road routes, safety factor, theoretical vehicle speed conversion charts,

2. Particular geometrical features of site plan, longitudinal profiles, cross-section profiles, changes in cross section, layout plans, roadside and pavement arrangement; inspection and assessment of traffic safety in case of tolerance of Rmin, Rconvex, Rconcave, sight distance design, longitudinal profiles negative and positive tali.

3. Alignment: transitional road sections, driver’s cognition and reaction, geometric design of roads or bridges

4. Intersections, interchanges and connection points

a) Departure sight distance and intersection sight distance , intersection and interchange layout plans, access roads to interchanges and intersections, driver’s visibility, geometric design of interchanges, intersection, traffic island and lighting system;

b) Position of connection points and analysis of traffic safety technical standards such as: distance between two intersections or connection points; structure, engineering aspects of site plan, longitudinal and horizontal cross-section profiles, longitudinal gradient and taper distance.

5. Impact assessment of roadside works, pedestrian facilities, non-motorized vehicles , motor vehicles.

a) Impact of works illegally occupying road safety corridors under the Government's Decree No. 11/2010/ND-CP and Decree No. 100/2013/ND-CP statistics of works within safety corridors before and after the construction (studying site clearance plans);

b) Impact assessment of traffic flows at weaving sections, the differences between actual speed and design speed, and traffic risks at weaving sections.

6. Signboards, road marking paint, traffic lighting and control systems: proposal for completion of traffic safety system before putting it into operation.

7. Other works: potential traffic risks of works next to roadways such as: median strips, anti-collision fences, guardrails, rumble strips and safety solutions proposed by design consultants.

8. Detailed design of tunnels, bridges and sewers: works location, longitudinal gradients of both ends of the bridges, tunnels, connector roads and works structure.

9. Traffic safety measures in construction, construction equipment arrangement, traffic control and coordination, specific traffic safety measures (detours, temporary bridges, construction methods), especially for renovated roads.

10. Other aspects of traffic safety.

11. Reports on traffic safety inspection and assessment results included impact on traffic safety, recommendation on the maximum speed.

Article 60. Contents of traffic safety assessment and inspection prior to acceptance and operation

1. Every organization taking charge of assessing traffic safety shall cooperate with the investor, traffic police, supervision consultants, construction contractor and supervisory management unit to verify the traffic safety assessment reports of previous stages and compare to that in the construction site (comparing the approved design documents with the sites and the reality), focus on organizing and controlling non-motorized vehicles and pedestrians: turn lanes, car stops, obstacles, road surface damage, and encroachment upon road safety corridors)

2. Proposals for amendments to ensure the traffic safety prior to the operation .

Article 61. Contents of traffic safety assessment of roads in use

Every organization taking charge of inspecting traffic safety shall cooperate with the supervisory road management unit to verify the approved traffic safety assessment draft, compare the design documents (as-built documents) with the field and actual traffic volume and the encroachment upon road safety corridors ( including safety corridors of bridges and tunnels) , focus on organizing and controlling non-motorized vehicles and pedestrians: turn lanes, car stops, obstacles, road surface damage, billboards and encroachment upon road safety corridors).

Article 62. Traffic safety assessment reports

Every traffic safety assessment report shall include:

1. General information

a) Project name and assessment stage

b) Name of the assessment director and assessors

c) Lists of collected documents

2. Main contents

a) Summary of proposals

b) Field surveys and site inspection;

c) Potential traffic risks and mitigation measures

Article 63. Traffic safety assessment elements

A list of elements needing considering during the assessment or inspection of traffic safety shall be presented in Annex 6 herewith.

Chapter VIII

IMPLEMENTATION

Article 64. Entry into force

1. This Circular enters into force from January 01, 2016 and replaces the Circular No. 39/2011/TT-BGTVT dated May 18, 2011 by the Minister of Transport.

2. Where any document referred to in this Circular is amended or replaced, the new one shall prevail.

Article 65. Implementation organizations

1. The Chief of the Ministry Office, Ministerial Chief Inspector, Directors, Presidents of the People’s Committees of provinces, Director General of Directorate for Roads of Vietnam and Heads of relevant entities shall be responsible for the implementation of this Circular.

2. Any issue arising in relation to the implementation of this Circular should be promptly reported to the Directorate for Roads of Vietnam ./.