Circular No. 25/2024/TT-BGTVT dated June 28, 2024 on amendments to Circular No. 50/2015/TT-BGTVT guiding the implementation of Decree No. 11/2010/ND-CP prescribing the management and protection of road infrastructure and Circular No. 03/2019/TT-BGTVT on road-related natural disaster management and recovery

CIRCULAR

ON AMENDMENTS TO A NUMBER OF ARTICLES OF CIRCULAR NO. 50/2015/TT-BGTVT DATED SEPTEMBER 23, 2015 OF THE MINISTER OF TRANSPORT GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE NO. 11/2010/ND-CP DATED FEBRUARY 24, 2010 OF THE GOVERNMENT PRESCRIBING THE MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE AND CIRCULAR NO. 03/2019/TT-BGTVT DATED JANUARY 11, 2019 OF THE MINISTER OF TRANSPORT ROAD-RELATED NATURAL DISASTER MANAGEMENT AND RECOVERY

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

Pursuant to Law on Bidding dated June 23, 2023;

Pursuant to the Law on Natural Disaster Management dated June 19, 2013; Law amending Law on Law on Natural Disaster Management and Law on Dikes dated June 17, 2920;

Pursuant to Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 100/2013/ND-CP dated September 3, 2013 of the Government amending a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2022 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 64/2016/ND-CP dated July 01, 2016 of the Government amending a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2022 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 125/2018/ND-CP dated September 19, 2018 of the Government amending a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2022 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 117/2021/ND-CP dated July 01, 2013 of the Government amending a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2022 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 24/2024/ND-CP dated February 24, 2022 of the Government on elaboration of and measures for implementation of the Bidding Law regarding contractor selection;

Considering request of Director General of Department of Road Infrastructure and Director General of Department for Roads of Vietnam;

The Minister of Transport issues Circular on amendments to a number of articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of transport guiding the implementation of a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government prescribing the management and protection of road infrastructure and Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery.

Article 1. Amendments to a number of articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of transport guiding the implementation of a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government prescribing the management and protection of road infrastructure (hereinafter referred to as “Circular No. 50/2015/TT-BGTVT”), Circular No. 39/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport amending a number of articles of Circular No. 50/2015/TT-BGTVT (hereinafter referred to as “Circular No. 39/2021/TT-BGTVT”) and Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport amending of articles of Circulars related to management, operation, use, maintenance and protection of roads (hereinafter referred to as “Circular No. 06/2023/TT-BGTVT”):

1. Amendment to clause 1 of Article 13 of Circular No. 50/2015/TT-BGTVT (amended by clause 2 of Article 1 of Circular No. 39/2021/TT-BGTVT):

1. The Department for Roads of Vietnam shall approve essential works within the protected areas of expressways, Excluding except for electricity works with voltage of 35 kV or less.”.

2. Amendment to Clause 3 of Article 22 of Circular No. 50/2015/TT-BGTVT (amended by Clause 5 of Article 1 of Circular No. 39/2021/TT-BGTVT, Point b of Clause 1 of Article 11 of Circular No. 06/2023/TT-BGTVT):

“3. For cases requiring the opinion of the Ministry of Transport as prescribed in Clause 2 of Article 1 of Decree No. 117/2021/ND-CP dated December 22, 2021 amending a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road infrastructure, the provincial People's Committee shall send the documentation for collecting opinions as prescribed in Article 24 of this Circular to the Department for Roads of Vietnam;

The Department for Roads of Vietnam shall review application for connection to respond to provincial People's Committees.”.

3. Amendment to point clause 1 of Article 24 of Circular No. 50/2015/TT-BGTVT (amended by clause 7 of Article 1 of Circular No. 39/2021/TT-BGTVT):

“h) Opinions of the Department for Roads of Vietnam on cases that do not fully satisfy the requirements for connecting to national highways as prescribed in Clause 2 of Article 20 of this Circular.”.

4. Amendments to Clause 2a of Article 13 of Circular No. 50/2015/TT-BGTVT (amended by Clause 23 of Article 9 of Circular No. 2015, Point b of Clause 7 of Article 11 of Circular No. 06/2023/TT-BGTVT):

Article 2. Annulment of some points, clauses, articles of Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery (hereinafter referred to as “Circular No. 03/2019/TT-BGTVT”) and Circular No. 22/2023/TT-BGTVT dated June 30, 2023 of the Minister of Transport amending number of articles of Circular No. 03/2019/TT-BGTVT (hereinafter referred to as “Circular No. 22/2023/TT-BGTVT”)

Point c of clause 3 of Article 13 of Circular No. 03/2019/TT-BGTVT (amended by clause 10, Article 1 of Circular No. 22/2023/TT-BGTVT) is annulled.

Article 3. Implementation clause

1. This Circular comes into force from August 15, 2024.

2. Application for opinions on connecting to national highways has been submitted to the Ministry of Transport before the effective date of this Circular shall continue to be handled in accordance with Circular No. 50/2015/TT-BGTVT (amended by Circular No. 39/2021/TT-BGTVT, Circular No. 06/2023/TT-BGTVT).

3. Work items serving natural disaster recovery, traffic congestion relief, and traffic safety assurance that have completed or are undergoing before the effective date of this Circular, the preparation, review, appraisal and approval of completion applications shall continue to comply with Circular No. 03/2019/TT-BGTVT (amended by Circular No. 22/2023/TT-BGTVT).

4. Chief of the Ministry's Office, Chief Inspector of the Ministry, Director Generals of Department for Roads of Vietnam, Director General of Vietnam Expressway Authority, heads of relevant agencies, relevant organizations and individuals shall implement this Circular./.