Circular No. 40/2024/TT-BGTVT dated November 15, 2024 on providing for road-related natural disaster management and recovery
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MINISTRY OF TRANSPORT |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 40/2024/TT-BGTVT |
Hanoi, November 15, 2024 |
PROVIDING FOR ROAD-RELATED NATURAL DISASTER MANAGEMENT AND RECOVERY
Pursuant to the Law on Road dated June 27, 2024;
Pursuant to the Law on Natural Disaster Prevention dated June 19, 2013; Law on amendments to the Law on Natural Disaster Prevention and the Law on Flood Control System dated June 17, 2020;
Pursuant to the Law on Civil Defense dated June 20, 2023;
Pursuant to Decree No. 66/2021/ND-CP dated July 6, 2021 of the Government elaborating the Law on Natural Disaster Management, the Law on Flood Control System, and the Law on amendments to the Law on Natural Disaster Management and the Law on Flood Control System;
Pursuant to Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government elaborating certain regulations on management of construction investment projects;
Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
At the request of the Director General of the Department of Transport Infrastructure and the Director General of the Department for Roads of Vietnam;
The Minister of Transport hereby promulgates a Circular providing for road-related natural disaster management and recovery.
This Circular provides for road-related natural disaster management and recovery.
This Circular applies to domestic and foreign organizations and individuals involved in road-related natural disaster management and recovery within the territory of Vietnam.
For the purposes of this Circular, the terms below shall be construed as follows:
1. “road erosion” means the process by which the foundation, fill slope and cut slope of the road are deformed and damaged by natural disasters;
2. “road work serving natural disaster management” means a work that is permanently or temporarily built to reduce or mitigate effects of natural disasters on the road work;
3. “enterprise investing in construction of, managing and operating road works” (hereinafter referred to as “road work enterprise”) means a public-private partnership (PPP) project enterprise and enterprise assigned by the State to construct, manage and operate road works.
4. “road work maintenance contractors” include road work management, regular maintenance and operation contractors; construction and repair contractors and other contractors involved in the maintenance of road works.
Article 4. Principles of road-related natural disaster management, recovery and rescue
1. Basic principles of natural disaster management and rescue specified in Article 4 of the Law on Natural Disaster Management shall be adhered to.
2. As the natural disaster weakens or after the weather returns to normal, organizations and individuals shall, according to their assigned tasks, immediately take remedial measures and repair damage to road works in order to restore traffic, thereby ensuring safe and continuous traffic flow.
3. Natural disaster management and recovery measures specified in the proposed plan shall be taken in manner that ensures adequate quantity of human and material resources by using the four on-the-spot motto “leadership on-the-spot, human resources on-the-spot, means and materials on-the-spot, and logistics on-the-spot” so as to minimize effects of natural disasters and respond to natural disasters as soon as possible.
4. Safety of persons and vehicles involved in natural disaster management and recovery, transport engineering constructions and vehicles operating on roads shall be ensured. The number of incidents and accidents occurring during natural disaster management and recovery shall be reduced.
Article 5. Details of natural disaster prevention
Road authorities, Road Management Zones, Project Management Boards, road managers and users and road work enterprises shall, within their scope of management, perform the following natural disaster prevention tasks:
1. Prepare natural disaster management plans to reduce effects of natural disasters on road infrastructures and road vehicles; prevent damage to or destruction of works upon occurrence of natural disasters.
2. Regularly inspect and assess the safety of works that need protection. In case damage or degradation is found, promptly take remedial measures. In case the damage or degradation is beyond their capacity, immediately notify a supervisory authority thereof for remedial actions prior to the rainy season.
3. Formulate a natural disaster prevention plan. The plan shall be aimed at anticipating possible natural disasters; effects on road works, equipment, assets, factories and road vehicles and appropriate remedial measures as follows:
a) Reinforcement and repair measures intended for protecting works, warehouses of standby supplies, factories, equipment, vehicles and goods;
b) Plans for removing vehicles, equipment and goods; plans for rescuing and transporting passengers and goods;
c) Stockpile of standby supplies and equipment for preventing road erosion or prolonged road traffic disruption caused by natural disasters;
d) Measures for preventing objects from impacting or drifting into bridges and culverts in case of flood water;
dd) Schemes for ensuring traffic safety and diverting traffic in case traffic congestion occurs on national highways and local roads;
e) Setting up the status information system during the occurrence of incidents and natural disasters. Anticipating possible incidents such as power cut or information disconnection to proactively take remedial measures in a quick and effective manner;
g) Lists of warehouses of standby supplies and equipment; areas where collapsed soil and rocks are dumped to facilitate the recovery from road traffic incidents.
4. Strengthen inspection of incident and natural disaster prevention, especially in key and vital works.
5. Organize and participate in training and drills in natural disaster management and recovery, and rescue skills in the field of road.
6. Command activities of their forces in charge of natural disaster management and recovery, and rescue.
7. Stand watch and update developments of natural disasters.
Article 6. Natural disaster prevention for new, upgraded, expanded or renovated road works
After setting up and executing a project on investment in construction of a new road work or upgradation, expansion or renovation of a road work, the project owner shall satisfy the following regulations:
1. Create designs and carry out construction in a sustainable manner that adapts to climate change, satisfies technical standards and regulations, facilitates flood drainage and meets requirements for natural disaster management.
2. Minimize or do not increase the risk of natural disasters and ensure the stability of the work against natural disasters.
3. Comply with regulations of law on environmental protection, law on construction and law on planning.
Article 7. Natural disaster prevention for works in progress
Any contractor constructing a road work shall perform the following natural disaster prevention tasks:
1. Natural disaster prevention plans shall be in place to ensure safety of the completed volume, traffic safety and safety of auxiliary works, construction equipment, material storage yards, factories and community buildings of officials and employees.
2. During the construction preparation phase, the following regulations shall be complied with:
a) Actual survey of the area and degree of effects of natural disasters must be conducted to formulate a plan to carry out construction and construction progress;
b) Prolonged construction of the work, especially work items that have to be constructed under water and in easily submerged areas is not permitted;
c) In the construction site, factories and material storage yards must be located in high places, not be submerged and be tied so that they do not collapse in the event of wind or storm;
d) Construction equipment must be safely stored. Floating equipment must be placed in a hiding lock or located in a hiding place from the wind so that it can be anchored in the event of rain and storm;
dd) The natural disaster prevention plan prepared by the construction contractor must be sent to the district-level civil defense chain of command and road managers for direction and effective cooperation in natural disaster management.
3. In the process of construction and work completion, the following regulations shall be complied with:
a) Works must be constructed in accordance with procedures. Traffic safety must be ensured when constructing works that may affect operating road according to the plan and measures for construction and natural disaster prevention;
b) Materials and waste must not be thrown to avoid flow obstruction. After the construction is done, it is required to unblock river bed to ensure good flow and waterway safety;
c) In case a natural disaster is likely to hit the construction site, mobilize persons and equipment to respond to it; carry out a site inspection and expedite the implementation of the natural disaster prevention plan;
d) It is required to lower equipment from high places, move vehicles under the river to a hiding place from wind and firmly anchor them; clean up materials and move equipment to yards, prepare supplies serving repair of road works to ensure continuous and safe traffic flow in all circumstances;
dd) Provide forces, equipment, vehicles and supplies necessary for natural disaster management and recovery at the request and by the order of competent authorities.
Article 8. Natural disaster prevention for works in use
Road Management Zones, road managers and users, road work maintenance contractors and road work enterprises shall, within their scope of management, perform the following natural disaster prevention tasks:
1. Regarding small bridges and culverts:
a) Regarding small bridges: unblock the flow from upstream to downstream to ensure proper drainage. Easily eroded parts such as quarter cones, approaching road, abutment footing and stilling apron should be repaired and reinforced prior to the rainy season;
b) Regarding culverts: unblock standage and culvert interior before and during rainy reason, reinforce head wall and stilling apron. Regarding culverts located in areas where rocks are available, measures should be taken to prevent rocks, soil and trees from drifting into culverts.
2. Regarding medium and large bridges:
a) Carry out regular and periodic inspection as prescribed, and annual repair and reinforcement of medium and large bridges, especially parts easily damaged by rain and flood;
b) Regarding bridges located in areas where rocks and floating trees are available, carry out regular inspection to remove trees and waste so that they cannot cling to the pier body and beam bottom;
c) Regarding rivers and streams whose flow direction changes, take measures for river and stream training and reinforcement of the two sides and abutments;
d) Regarding large bridges, regularly monitor wind speed on bridges. In case the wind speed on the bridge is greater than the design wind speed, promptly close the bridge (traffic suspension) and issue notifications of traffic diversion to ensure safety of people and vehicles.
3. Regarding the road foundation, slope paving and kerb shall have grass cut and shall be leveled according to the design slope. In areas where geological structure of the slope paving is unstable, build a groyne or reinforce the slope. In areas where the road foundation is regularly submerged, reinforce kerb and slope paving and use surface structure capable of withstanding flooding.
4. Regarding ditches (including longitudinal ditches, middle ditches, drop and chute), remove grass, and dredge mud and rocks to ensure proper drainage. Damage to ditches that affects the drainage should be repaired prior to the rainy season.
5. Regarding spillway roads and underpasses, repair surface, slope and stilling apron from upstream to downstream, paint and repair signaling system, guide posts and gauge line pillars. As water recedes, it is required to inspect the status of the spillway roads and underpasses and only continue traffic in case safety is ensured.
6. Regarding floating structures, pontoons, ferries and canoes:
a) Objects must be firmly fixed on vehicles to ensure no push, roll, breakage or movement during vehicle operation;
b) The watertightness of the deck covers must be ensured. The wall and bottom of ferries, pontoons and canoes must not be punctured or leaked;
c) It is required to ensure that vehicles always operate smoothly, the pumping system is able to suction the hatch and vehicles dry, and open ducks must have sufficient scuppers and ensure proper drainage;
d) Hiding locks and anchoring system must be sufficient to hide ferries and buoys in the event of a natural disaster;
dd) Life-saving and fire-fighting equipment must be sufficiently provided.
7. Regarding tunnels and underpasses:
a) Regarding tunnels, take natural disaster prevention measures in conformity with the scale of the tunnels; anticipate possible incidents (power cut or excessive rainwater forecasted to overflow into the tunnels causing flooding);
b) Carry out regular inspections to promptly repair and reinforce parts easily damaged by natural disasters such as power system, pump system, water drainage system and system for prevention of erosion, rocks and floating trees at the both ends of tunnels.
INCIDENT AND NATURAL DISASTER RESPONSE, SEARCH AND RESCUE
Article 9. Command over incident and natural disaster response, search and rescue
Road managers and users, road work enterprises and road work maintenance contractors shall, within their scope of management, command incident and natural disaster response, search and rescue as follows:
1. According to natural disaster forecasts, warnings, level of natural disaster risks, natural disaster developments and instructional documents of the superior authority, the road authority shall command the implementation of measures for road-related incident and natural disaster response, search and rescue.
2. Civil defense chains of command at all levels shall be available 24 hours a day to monitor developments of incidents and natural disasters; shall rely on the level of danger and effect of natural disasters, terrain and current situation to select and apply appropriate and timely measures for incident and natural disaster response, search and rescue; shall directly direct or advise heads of agencies and units to direct and manage their organizational structures to implement solutions for incident and natural disaster response, search and rescue.
3. Agencies, units and road work enterprises shall complete the natural disaster management prevention tasks assigned prior to the rainy season.
4. According to the natural disaster forecasts and warnings, level of natural disaster risks, natural disaster developments, direction and command given by the Civil Defense Chain of Command of the Ministry of Transport, provincial civil defense chains of command, Department for Roads of Vietnam, Road Management Zones, Departments of Transport and Project Management Boards shall, within their scope of management, undertake the following tasks:
a) Select plans and measures, and organize incident and natural disaster response, search and rescue in a manner that is appropriate to natural disaster developments and local current conditions. In case it is beyond their capacity, notify the Ministry of Transport and the Department for Roads of Vietnam (for national highways specified in clause 3 Article 8 of the Law on Road) and People’s Committees of provinces (for roads specified in clause 4 Article 8 of the Law on Road) for cooperation in incident and natural disaster response, search and rescue;
b) Cooperate with local civil defense chains of command in proactively organizing incident and natural disaster response, search and rescue;
c) Collect information and promptly submit reports on damage caused by natural disasters and take responsibility for the accuracy of reported information and data.
5. As a natural disaster occurs, road authorities, Road Management Zones, Project Management Boards, road work enterprises and road work maintenance contractors shall implement measures for incident and natural disaster response, search and rescue as follows:
a) Rescue people and protect assets of the State and people;
b) Carry out on-site reinforcement and repair in the locations and areas where the incident occurs to lessen effects on road infrastructure. If the incident is beyond their capacity, immediately notify to a competent authority thereof for necessary assistance;
c) When it is found that roadslide or landslide or flash flood is likely to occur, causing danger to people and road vehicles, it is required to restrict or divert vehicles or prohibit vehicles from travelling;
d) Carry out supervision, provide guidance and proactively restrict or prohibit people and vehicles from entering dangerous areas, deeply flooded roads and areas prone to landslide caused by rain, flood or flow;
dd) Traffic and communication are maintained;
e) Cooperate with local civil defense chains of command in carrying out search and rescue, giving first aid to injured persons and providing food, medicine, drinking water and other necessities in isolated areas and seriously inundated areas;
g) Cooperate in ensuring social order and security in areas where the incident or natural disaster occurs;
h) Follow directions given by competent authorities, urgently provide human and material resources, equipment, vehicles and necessities to promptly respond to natural disasters;
i) Suspend the incident/natural disaster response, search and rescue when it is found that people, vehicles and equipment involved in disaster response may suffer from danger; issue the command to blockade dangerous areas for safety reasons.
6. Upon mobilizing forces, standby supplies, equipment and vehicles under their management to respond to an incident/natural disaster and carry out search and rescue, competent authorities and road work maintenance contractor shall comply with mobilization procedures and prepare receipts for materials as prescribed by law.
In case forces, standby supplies, equipment and vehicles have been mobilized on the scene for incident/natural disaster response, search and rescue but the incident/natural disaster has not occurred, it is required to make an on-site record and invite the representative of the road authority, the district-level civil defense chain of command or People's Committee of the district to certify the record.
Article 10. Declaration and termination of a disaster-related emergency
1. Power to issue decisions:
a) The Minister of Transport shall decide to declare the disaster-related emergencies with regard to national highways specified in clause 3 Article 8 of the Law on Road. The civil defense chain of command or specialized agency affiliated to the Ministry of Transport shall advise the Minister of Transport on disaster-related emergency declaration;
b) Every Chairman/Chairwoman of the provincial People’s Committee shall decide to declare and terminate the disaster-related emergencies with regard to roads specified in clause 4 Article 8 of the Law on Road; the provincial civil defense chain of command or specialized road traffic authority shall advise the provincial People’s Committee shall decide to declare disaster-related emergency.
2. A decision on declaration of disaster-related emergency contains the following main information:
a) Starting time, developments and extent of impact of the disaster or incident; damage to road traffic infrastructure caused by the disaster; degree of damage to the works; possible damage or risk of causing damage;
b) Emergency measures that need to be immediately applied to respond to and remedy the consequences in order to prevent and minimize the damage caused by the disaster or work incident;
c) Delegation of responsibility to agencies and units concerned for disaster and incident response and recovery.
3. Termination of a disaster-related emergency:
Based on disaster developments or recovery results, the civil defense chain of command or specialized agency shall submit to the competent person specified in clause 1 of this Article a decision on disaster-related emergency termination.
Article 11. Cooperation in incident and natural disaster response, search and rescue
1. The cooperation in rescuing people in danger in areas where the natural disaster occurs covers:
a) Evacuation of people from dangerous areas;
b) Provision of first aid to people in danger; search for lost persons and vehicles;
c) Mobilization of human resources, supplies and equipment for giving first aid to victims when necessary.
2. Responsibility for cooperation in rescue:
a) Road Management Zones, Departments of Transport, Project Management Boards, road work enterprises and road work maintenance contractors shall proactively carry out search and rescue when mobilized by the competent authority;
b) Forces in charge of responding to incidents and natural disasters on the scene must reach their full potential for rescuing victims (if any) from dangerous areas or dangerous situation. In case it is beyond their capacity, immediately notify forces specialized in search and rescue or the nearest health facility, and get ready for cooperation upon request;
c) Road Management Zones, Departments of Transport, Project Management Boards, project owners, road work enterprises and road work maintenance contractors shall proactively carry out rescue activities within their scope of management. In case it is beyond their capacity, notify People’s Committees of provinces, Ministry of Transport and Department for Roads of Vietnam with regard to national highways specified in clause 3 Article 8 of the Law on Road.
3. As the natural disaster damages road works and causes traffic congestion, Road Management Zones, Departments of Transport, Project Management Boards, project owners, road work enterprises and road work maintenance contractors shall, within their jurisdiction, quickly cooperate with district-level civil defense chains of command in verifying damage and propose plans for natural disaster recovery and traffic safety assurance within the shortest possible time; notify such damage to the competent superior authority and publish them on mass media.
4. Road inspecting authorities shall proactively cooperate with other competent forces in directing and diverting traffic, and ensuring security and social order in the localities.
Article 12. Natural disaster recovery and traffic control activities
1. Search for and rescue victims; salvage the State and people’s vehicles and assets affected by natural disasters.
2. Participate in provision of relief and settlement of life of the people in areas hit by natural disasters or areas where traffic is disrupted due to natural disasters.
3. Immediately repair and remedy damage to road works in cases where safety of people and vehicles is not ensured; take remedial actions against the risk of collapse of road works and adjacent works.
4. Repair and restore construction equipment classified as public property.
5. Take measures to maintain environmental hygiene and prevent and control diseases in areas affected by incidents and natural disasters.
6. Produce statistics on and assess damage caused by natural disasters and propose recovery plans.
Article 13. Urgent projects on natural disaster management and recovery
1. The authority having power to execute urgent projects on natural disaster management and recovery is specified in Article 13 of the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 elaborating the Law on Natural Disaster Management, the Law on Flood Control System, and the Law on amendments to the Law on Natural Disaster Management and the Law on Flood Control System; shall issue decisions on declaration of disaster-related emergency and orders to build emergency infrastructure.
2. Power to decide to issue orders to build emergency infrastructure:
a) The Director General of the Department for Roads of Vietnam shall make decisions regarding national highways under management, operation and maintenance authority of the Ministry of Transport (except for the cases specified in points c and d of this clause); the specialized agency affiliated to the Department for Roads of Vietnam shall advise the Director General of the Department for Roads of Vietnam to decide to issue orders to build emergency infrastructure;
b) Chairmen/Chairwomen of People’s Committees at all levels shall make decisions regarding roads under their management;
c) The head of the specialized construction authority of the Ministry of Transport shall make decisions regarding newly built, renovated and upgraded road works for which the Ministry of Transport acts as an investment decision maker or project owner;
d) The head of the central government authority representing state ownership shall make decisions regarding road works under management of enterprises assigned by the State to invest in, build, manage and operate road works.
3. An order to build emergency infrastructure contains the following main information:
a) Purposes and location of construction;
b) Person assigned to manage the construction;
c) Building works serving natural disaster recovery and traffic safety assurance as prescribed in Article 15 of this Circular (regarding the road works in use). Disaster recovery measures prescribed by regulations of law on construction, disaster prevention and control (regarding the projects on road construction, upgradation, expansion or renovation);
d) Time of construction;
dd) Expected costs and resources for construction and other related necessary requirements.
4. The person assigned to manage and carry out the construction shall decide on all tasks related to emergency infrastructure construction activities himself/herself, including:
a) Assigning organizations and individuals to carry out survey, design, supervision and construction and undertake other necessary tasks in support of construction of emergency works;
b) Deciding the sequence of survey, design and construction;
c) Deciding construction supervision and acceptance of construction works in accordance with requirements of the emergency construction order;
d) After the construction is done, preparing and submitting the completed infrastructure documentation as prescribed in Article 16 of this Circular.
Article 14. Traffic control and natural disaster recovery
1. Disaster recovery and traffic safety assurance regarding a road work in use:
a) Recover from natural disaster, relieve traffic congestion and control traffic with the aim of restoring continuous and safe traffic flow as soon as possible;
b) Repair and restore road works damaged by natural disasters.
2. Disaster recovery and traffic control during construction period regarding a project on investment in road construction, upgradation, expansion or renovation:
a) On road routes or sections assigned to execute the project, the project owner or investor shall repair damage and recover from disaster caused to all road works and road safety corridors;
b) If there is damage caused by a disaster, the project owner or investor shall notify the local government or district-level civil defense chain of command and relevant authorities so that they can carry out a site inspection and assess damage to organize disaster recovery in accordance with regulations of law on construction and disaster management and regulations of this Circular;
c) If there is major damage or damage to an item other than the project item, the project owner or investor shall report its degree and estimated damage cost to the investment decision maker or competent authority for consideration and decision.
3. Disaster recovery and traffic control during construction period regarding a road maintenance project:
a) Within the permitted scope of construction, the construction contractor shall notify the project owner or investor, insurance authority, local government or district-level civil defense chain of command and relevant authorities to carry out a site inspection and assess damage caused by the natural disaster and prepare a remedial plan;
b) If there is damage to road infrastructure within the permitted scope of construction but the damaged item is not the project item or item of the project or work under construction, the road authority, Road Management Zone and road work management, regular maintenance and operation contractor shall comply with the regulations laid down in Articles 15 and 16 of this Circular.
4. Disaster recovery and traffic control regarding the road project that has been transferred and put into operation and under warranty:
a) For the road infrastructure that is not an item of the project that has been transferred, if it is damaged upon occurrence of a disaster, the road authority, Road Management Zone and road work management, regular maintenance and operation contractor shall comply with the regulations laid down in Articles 15 and 16 of this Circular;
b) For the road infrastructure that is a project item, if it is damaged upon occurrence of a disaster, the road authority and Road Management Zone shall notify the project owner and relevant units so that they are immediately present at the scene to cooperate in identifying the cause and responsibility for repair of the damage; in case of failure to conclude the cause and responsibility for repair of damage, the project owner shall carry out an assessment to identify the cause and responsibility;
If the damage is caused by the disaster, the road authority, Road Management Zone and road work management, regular maintenance and operation contractor shall comply with the regulations set out in Articles 15 and 16 of this Circular; if it is determined that the damage is caused by quality of the works under warranty, the project owner shall immediately carry out repair and remedial actions and take legal responsibility for failure to carry out repair or carrying out repair without ensuring quality, thereby threatening traffic safety.
5. Disaster recovery and traffic control regarding the PPP road project under warranty:
a) For the road traffic infrastructure that is not a project item, if it is damaged upon occurrence of a disaster, the investor and PPP project enterprise shall immediately repair the damage as prescribed in Articles 15 and 16 of this Circular;
b) For the road traffic infrastructure that is a project item, if it is damaged upon occurrence of a disaster, the investor and PPP project enterprise shall notify the road authority so that they are immediately present at the scene to cooperate in identifying the cause for the damage; in case of failure to conclude the cause for damage, the investor and PPP project enterprise shall carry out an assessment to identify the cause to delegate the responsibility for the repair;
If the damage is caused by the disaster, the investor and PPP project enterprise shall comply with the regulations set out in Articles 15 and 16 of this Circular; if it is determined that the damage is caused by quality of the works under their warranty authority, the investor and PPP project enterprise shall immediately carry out repair and remedial actions and take legal responsibility for failure to carry out repair or carrying out repair without ensuring quality, thereby threatening traffic safety.
1. Recover from disaster, relieve traffic congestion and control traffic
As a natural disaster occurs affecting road traffic activities, the road authority, Road Management Zone and road work management, regular maintenance and operation contractor shall immediately recover from disaster, relieve traffic congestion and control traffic, including one or more tasks below:
a) Appoint persons to be on duty, use barricade tapes, put up barriers and signs at both ends of the damaged route; do the cleaning to form at least 01 travel lane. Regarding seriously damaged sections or works, it is required to build barricades, appoint persons to stand guard, direct and divert traffic, and make an announcement on the mass media. If the flood depth and flow velocity are great, put up guide posts, use navigation buoys and gauge line pillars and cooperate with the local government in putting barriers, diverting traffic or prohibiting vehicles or regulating traffic and issue other warnings if necessary;
b) If utility poles or trees fall; mud, soil, stones, trees or garbage floats on the road foundation and surface and clog up the drainage system causing obstruction to the flow of water in culverts and under bridges: focus on sawing, chopping, and clearing fallen trees, moving utility poles out of the road surface; clearing the road surface; clearing sewers, ditches, rivers and streams under bridges for safe traffic opening;
c) If landslide and cut slope rock embankment erosion occurs on road foundation and surface: dig or break unstable rocks or clear the cut-slope landslide; when it is needed to reinforce and stabilize the toe of the cut slope, use armor rock gabions or adopt other technical solutions suitable for the local actual conditions for safe traffic opening;
d) As the fill slope subsides and erodes or deeply impinges on the road foundation or surface: depending on the actual terrain, reinforce the fill slope by way of placing armor rock gabions or use steel sheet piles or adopt other technical solutions suitable for local actual conditions; as the fill slope subsides making remaining width of the road surface is ≤ 3m, temporarily fill trenches or trim the toe of the cut slope to make the road surface to ≥ 4.0 m in for temporary traffic and then complete to allow normal traffic;
dd) If a small bridge, culvert, spillway road, underpass, rescue road or water drainage system suffers from erosion, dislodging and local inundation and other cases where damage is caused affecting road traffic activities and construction safety: unblock, dredge mud, soil and rocks to facilitate drainage; reinforce the damage damaged using one or more materials such as cement concrete, reinforced concrete or armor rock gabions or restore to the original or equivalent structure for safe traffic opening;
e) If the pavement erodes: reinforce the pavement using armor rock gabions or restore to the original or equivalent structure for safe traffic opening;
g) If the road surface subsides or is buckled, potholed, cracked or broken: weather permitting, carry out leveling ensuring smoothness or reinforce to restore it to the original or equivalent structure for safe traffic opening;
h) If any tollbooth, rest stop, roof or other auxiliary work or equipment is damaged: repair, replace or supplement it to ensure continuous and safe traffic flow;
i) If any road signaling system or road safety work collapses or is damaged: immediately repair, replace or supplement it to ensure continuous and safe traffic flow;
k) If the disaster recovery, traffic congestion relief or traffic control as prescribed in points a, b, c, d, dd, e, g, h and i of this clause is beyond the capacity of the road work management, regular maintenance and operation contractor, the road authority and Road Management Zone shall, within their scope and responsibility, mobilize other units for timely disaster recovery;
l) The road authority and Road Management Zone shall, within their scope of management, assign competent and experienced organizations and individuals to immediately carry out survey, design and supervision tasks with regard to the cases specified in points b, c, d, dd, e, g, h and i of this clause;
m) In the case of disaster recovery, traffic congestion relief or traffic control as prescribed in points c, d, dd, g and h of this clause, the Department for Roads of Vietnam shall provide directions in terms of the scale of and solutions for the repair and reinforcement with regard to national highways specified in clause 3 Article 8 of the Law on Road.
2. Repair and restore road works
When a natural disaster occurs and causes damage to a road work resulting in its recovery being immediately carried out to restore traffic and restore the work in part or in full according to the standards and technical regulation applicable to the work prior to the damage, the competent authority shall decide to implement an urgent project on natural disaster management and recovery. This includes one or more tasks below:
a) As the cut slope slides resulting in cracks; and resulting in rocks being cracked or falling onto the road and potentially falling or sliding: reduce part or entire load of deposits on the predicted slide surface or cover the rock slope with wire mesh with anchors or open a local detour for temporary traffic and then complete to allow normal traffic;
b) If the fill slope subsides and impinges on road surface by more than 01 m: depending on the topography and geology, use steel piles to build anti-subsidence retaining walls in combination with armor rock gabions or adopt other equivalent technical solutions or open a road to the cut slope for temporary traffic and then complete to allow normal traffic;
c) If a spillway road, underpass or culvert collapses or drifts causing road breaks: repair, reinforce it or open a local detour for temporary traffic or erect a temporary bridge so that the main route is opened to traffic, then complete to allow normal traffic;
d) If a tunnel collapses; road bridge drifts or collapses; pontoon drifts or breaks; road drifts or breaks: build a local detour or a temporary bridge for temporary traffic, then complete to allow normal traffic;
dd) In addition to the road work repair or restoration solutions specified in points a, b, c, and d of this clause, competent authority may adopt the repair solutions in the Order to build emergency works to promptly carry out disaster recovery.
3. Based on the result and current status of disaster recovery, traffic congestion relief or traffic control as specified in points c, d, dd, e, g, h or i clause 1 of this Article, in cases where a road work needs to be immediately restored according to the standard or technical regulation applicable to the work prior to the damage, the road authority shall report to the competent authority for consideration and decision to carry out emergency repair of the work according to the regulations of the Minister of Transport on management, operation, exploitation, maintenance and protection of road infrastructure.
1. Organizing preparation and review of completion documentation
a) Zone Management Zones, regarding roads specified in clause 3 Article 8 of the Law on Road;
b) Agencies and organizations assigned by provincial People’s Committees, regarding roads specified in clause 4 Article 8 of the Law on Road;
c) Enterprises assigned by the State to invest in construction of, manage and operate road works, regarding road works which they are assigned to manage;
d) Within 30 working days from the date of completing the construction on site, the authorities and units specified in points a, b and c of this clause shall submit documentation to the competent authorities specified in clause 2 of this Article for appraisal and approval.
2. The power to appraise and approve documentation:
a) The Department for Roads of Vietnam, regarding national highways specified in clause 3 Article 8 of the Law on Road;
b) Agencies and organizations assigned by provincial People’s Committees, regarding roads specified in clause 4 Article 8 of the Law on Road;
c) State ownership representative agencies, regarding road works under management of enterprises assigned by the State to invest in construction of, manage and operate road works;
d) The time limit for appraisal and approval or notification of results is 30 days from the receipt of the sufficient valid documentation.
3. Documentation on completion of disaster recovery, traffic congestion relief or control traffic includes:
a) A statement given by the preparing authority;
b) A description of the natural disaster recovery plan;
c) Instructional documents on disaster response and recovery such as: dispatch telegrams or documents or orders; instructional documents on the scale of or solutions for repair and reinforcement issued by competent authorities (in the cases specified in point m clause 1 Article 15 of this Circular);
d) An initial report on damage caused by the disaster enclosed with photos thereof, which is submitted by the preparing authority or road work management, regular maintenance and operation contractor;
dd) A record on certification of completed volume enclosed with a detailed list;
e) An as-built drawing;
g) A cost estimate of costs of completed disaster recovery, traffic congestion relief or control traffic tasks, enclosed with detailed descriptions thereof;
h) A damage verification record made on the scene (including the following information: location, chainage; description and assessment of damage to road works; preliminary volume of works damaged; proposed remedial plan). The record is made with the participation by the road authority or Road Management Zone and district-level civil defense chain of command or People's Committee of the district where the damage is inflicted;
i) Construction drawings showing the volume and structure of makeshift works;
k) Construction logbook and some pictures recording the construction process, timesheets recording the amount of person’s time spent on standing watch to regulate and divert traffic.
4. Components of documentation on completion of an urgent project on natural disaster management and recovery consists of a statement submitted by the preparing authority and the documents specified in clause 4 Article 58 of the Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government elaborating certain regulations on management of construction investment projects.
5. The documents specified in clauses 3 and 4 of this Article do not include the volume of work whose value has been determined in the regular maintenance contract signed between the road work management, regular maintenance and operation contractor and the competent authority.
6. Regarding a road work that is constructed and operated under a BOT contract and other forms of PPP project contracts, the project enterprise shall prepare documentation on completion of disaster recovery, traffic congestion relief and traffic control or documentation on completion of urgent projects on natural disaster management and recovery and shall reach an agreement with a competent authority in accordance with law and project contract; the documentation shall be prepared in accordance with clauses 3, 4 and 5 of this Article.
7. Any agency, unit or individual tasked with preparing documentation on completion of disaster recovery, traffic congestion relief and traffic control; documentation on completion of urgent project on natural disaster management and recovery shall take legal responsibility for the accuracy of the documentation.
Article 17. Management and use of standby vehicles, equipment and supplies
1. Standby supplies and equipment for natural disaster management and recovery:
a) Supplies and equipment mainly include personal protective equipment, life jackets, flashlights, sacks, tarpaulins, riprap, macadam, steel gabions, cables, steel wires, ropes, hammers, hoes, shovels, asphalt, cement, gasoline, oil, bridge girders, steel piles, concrete piles, road signs, barricades, guardrails; generators, pumps, welding machines, jacks, wired and wireless communication equipment;
b) Standby equipment and supplies shall be arranged, kept and store at warehouses containing standby equipment and supplies in the field of road. The Ministry of Transport shall decide on the location of warehouses containing standby equipment and supplies in consideration of proposals of the Department for Roads of Vietnam.
2. Vehicles serving natural disaster management and recovery:
a) Vehicles mainly include ferries, rescue cranes, cranes serving loading and unloading , rescue vehicles, trucks, canoes, piling hammers, excavators, bulldozers;
b) The Department for Roads of Vietnam, Road Management Zones and local Departments of Transportation shall prepare a plan to mobilize vehicles serving natural disaster management and recovery, search and rescue.
3. The power to mobilize standby vehicles and supplies:
a) Chief of Civil Defense Chain of Command affiliated to the Ministry of Transport and Director General of Department for Roads of Vietnam have the power to mobilize standby supplies, vehicles and equipment under their management to serve natural disaster management, discovery, search and rescue on national highways specified in clause 3 Article 8 of the Law on Road; or provide assistance to local authorities under the direction of the National Steering Committee for Civil Defence;
b) Directors of Road Management Zones have the power to mobilize standby supplies, vehicles and equipment under their management to serve natural disaster management, discovery, search and rescue on national highways which they are assigned to manage;
c) Directors of Departments of Transports and Chairpersons of district-level People’s Committees have the power to mobilize standby supplies, vehicles and equipment under their management for timely response to natural disasters and search and rescue on roads under their management;
d) Authorities advising and assisting the persons specified in points a, b and c of this Clause shall, after mobilizing standby materials, vehicles and equipment, complete payment and settlement procedures as prescribed.
4. Management and maintenance of standby equipment and supplies:
a) On an annual basis, Road Management Zones shall manage, supervise and maintain assigned standby equipment and supplies; make a cost estimate and submit it to the Department for Roads of Vietnam. The Department for Roads of Vietnam shall carry out review and determine demands for production, procurement, repair and storage of standby equipment and supplies, make an estimate of costs of maintenance and protection of warehouses containing standby equipment and supplies and submit them to the Ministry of Transport for approval before every May 30;
b) The management and maintenance of local standby equipment and supplies shall be decided by provincial People’s Committees;
c) Each Road Management Zone shall use books for accounting, monitoring and management of use of assets, standby equipment and supplies as prescribed. At the end of the year, it shall report changes to assets, standby equipment and supplies, and do final annual accounts in accordance with applicable regulations.
Article 18. Sources of funding for road-related natural disaster management and recovery
Sources of funding for road-related natural disaster management and recovery shall comply with regulations of law on natural disaster management and other relevant regulations of law.
Article 19. Management, use, payment and settlement of funding
The management, use, payment and settlement of funding for road-related natural disaster management and recovery shall comply with regulations of law on state budget and other relevant regulations of law.
NATURAL DISASTER WATCH AND INSPECTION OF NATURAL DISASTER MANAGEMENT AND RECOVERY
Article 20. Natural disaster watch
1. Duration of watch:
a) Duration of natural disaster watch shall comply with regulations on working hours and rest periods of employees performing special tasks in natural disaster management.
b) According to natural disaster developments and national holidays, chiefs of civil defense chains of command or heads of authorities and units shall decide the number of watchmen and adjust watch schedule according to point a of this clause.
2. Watchmen:
a) Leaders and officials assisting civil defense chains of command at all levels;
b) Leaders and officials assisting the Director General of the Department for Roads of Vietnam.
3. Tasks of a shift
a) Assist civil defense chains of command, heads of authorities and units in monitoring and grasping all situations related to natural disaster management and recovery such as weather developments, rain, floods, storms and other natural disasters under their authority; changes to road works and works serving natural disaster management; organization of forces serving natural disaster management and recovery and mobilization of resources for natural disaster response (including human resources, supplies, vehicles and equipment);
b) Receive directives, orders and notifications of the National Steering Committee for Civil Defence and superior civil defense chains of command to promptly notify the affiliates;
c) Advise the National Steering Committee for Civil Defence and superior civil defense chains of command about organizing the natural disaster management and recovery within areas under their management, handling of incidents involving road works and works serving natural disaster management, mobilization of forces supporting local authorities by the orders of the superior civil defense chains of command;
d) Collect information and submit a consolidated report on natural disaster management and recovery within their scope management to superior civil defense chains of command on a periodic basis and after each natural disaster or at the request of the Government and National Steering Committee for Civil Defence.
1. Watchmen and persons mobilized to engage in natural disaster management and recovery (at the office and on the scene) shall receive shift work benefits, allowances and overtime pay according to regulations of law on natural disaster management and other relevant regulations of law.
2. Persons that have the power to decide to mobilize human resources, supplies, vehicles and equipment of organizations and individuals under their management shall make payments to participants in natural disaster response, search and rescue or refund or compensate organizations and individuals mobilized according to regulations of law on natural disaster management and other relevant regulations of law.
Article 22. Regime for reporting in natural disaster management and recovery
Comply with regulations of law on natural disaster management and the following regulations:
1. As a natural disaster occurs, depending on its degree, the Road Management Zone (for national highways), Department of Transport (for roads under its management), Project Management Board (for projects in progress and road works under warranty), road work enterprise (for road works constructed and operated under the BOT contract and other forms of contract projects) must submit a report to the Civil Defense Chain of Command affiliated to the Ministry of Transport and the Directorate for Roads of Vietnam. To be specific:
a) Direct report: A report on natural disaster developments by telephone, mobile phone or through the transmission of data and images about severe incidents and damage that are caused to road works and road transport and threaten people’s life so that remedial measures are immediately taken;
b) Daily report via e-mail: A written report submitted by email or fax before 08:00 and 16:00 during a natural disaster so that developments are grasped and remedial measures are promptly adopted or propose to the superior authority.
2. Quick report: A written report prepared by an authority or unit immediately after a natural disaster and submitted to the superior Civil Defense Chain of Command to report damage, effects, remedial measures and proposals (if any).
3. Ad hoc report: Upon receipt of the request for an ad hoc report from superior natural disaster management authorities, the recipients shall submit the report as required to serve the natural disaster management-related tasks.
4. Annual report:
a) Title of the report: Báo cáo công tác phòng, chống thiên tai (“Natural disaster management report”);
b) Contents to be reported: Annual report on natural disaster management enclosed with a natural disaster management plan for the next year and recommendations and proposals (if any);
c) Authority preparing the report: the Department for Roads of Vietnam;
d) Receiving authority: Civil Defense Chain of Command affiliated to the Ministry of Transport;
dd) Methods for submission: The report is presented in physical or electronic form. It is submitted to the receiving authority whether in person, by post, fax or email or other methods prescribed by law;
e) Reporting frequency: On an annual basis;
g) Submission deadline: before January 15 of the next year of the reporting period;
h) Data closing period: From December 15 before the reporting period to December 14 of the reporting period;
i) Form of the report: according to the form specified in the Appendix to this Circular.
Article 23. Inspection of natural disaster management and recovery
1. The Ministry of Transport and Department for Roads of Vietnam shall prepare an annual inspection plan and inspect the compliance of regulations of the law on natural disaster management and recovery and management, storage and use of standby supplies and equipment by relevant authorities and units. In order to cope with natural disaster developments, the Civil Defense Chain of Command affiliated to the Ministry of Transport, Department for Roads of Vietnam and competent authorities shall carry out ad hoc inspections to expedite, and remedy shortcomings and take actions against violations to increase the effectiveness in state management of natural disaster management and recovery.
2. Road Management Zones, Departments of Transports, Project Management Boards and road work enterprises shall, according to local conditions, proactively carry out periodic and ad hoc inspections of compliance of regulations on natural disaster management and recovery, and management, storage and use of standby supplies and equipment by their affiliates, enterprises and construction contractors in areas under their management.
3. Heads of relevant authorities and organizations shall direct the inspection and self-inspection of natural disaster management and recovery in a manner that is appropriate to their assigned tasks.
1. This Circular comes into force from January 01, 2025.
2. The following Circulars are abrogated:
a) Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport;
b) Article 6, clause 4 Article 9 of the Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport;
c) Circular No. 43/2021/TT-BGTVT dated December 21, 2021 of the Minister of Transport;
d) Circular No. 22/2023/TT-BGTVT dated June 30, 2023 of the Minister of Transport;
dd) Article 2 of the Circular No. 25/2024/TT-BGTVT dated June 28, 2024 of the Minister of Transport.
3. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.
Article 25. Transitional clauses
Any natural disaster recovery or traffic control activity that is conducted or being conducted before the effective date of this Circular shall continue to be conducted according to regulations of law in force at the time of occurrence of the disaster to be recovered from.
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