Circular No. 41/2024/TT-BGTVT dated November 15, 2024 on management, operation and maintenance of road infrastructure
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THE MINISTRY OF
TRANSPORT OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIETNAM |
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No: 41/2024/TT-BGTVT |
Hanoi, November 15, 2024 |
ON MANAGEMENT, OPERATION AND MAINTENANCE OF ROAD INFRASTRUCTURE
Pursuant to the Law on road dated June 27, 2024;
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. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works;
Pursuant to Decree No. 44/2024/ND-CP dated April 24, 2024 of the Government regulating the management, use and operation of road infrastructure property;
At the request of Director General of Department of Road Infrastructure and Director General of Department for Roads of Viet Nam;
The Minister of Transport issues a Circular on management, operation, and maintenance of road infrastructure.
This Circular provides for:
1. Procedures for approving designs and procedures for issuance of permits for construction of intersections connected to national highways in operation;
2. Authority, procedures and contents of issuance of permit for construction of work on active roads; responsibilities for providing information and cooperation mechanism between relevant agencies, organizations and individuals to ensure traffic order and safety and safety during construction;
3. Management, operation and maintenance of road infrastructure;
4. Operation of vehicle load control works.
This Circular applies to organizations, individuals related to: Procedures for approving designs and granting permits for construction of intersections connected to national highways in operation; procedures for granting construction permits for works on active roads; provision of information and cooperation mechanisms between agencies, organizations and individuals to ensure traffic order and safety and safety during construction; management, operation and maintenance of road infrastructure; operation of vehicle load control works.
Article 3. Approval of designs of intersections connected to national highways in operation
1. The investor of the project to construct a intersection connected to a national highway in operation shall submit 01 application for approval of the design of the intersection connected to a national highway in operation directly or indirectly (by post or via the online public service portal) to the competent authority specified in Clause 2 of this Article. The application includes:
a) Application form as prescribed in Form No. 01 of Appendix I attached hereto;
b) Dossiers on survey and design of construction drawings of the intersection connected to a national highway in operation, including: design explanation, design drawings of the connecting intersection and drawings of the restoration of the national highway infrastructure, drawings of traffic organization at the connecting intersection, documents on topographic and geological survey; Document/decision approving the connection location to the national highway in operation, except for the connection location that is not subject to approval according to the provisions of the Decree detailing and guiding the implementation of a number of articles of the Road Law, Article 77 of the Law on Road Traffic Safety;
c) Document assigning the investor for the project to build an intersection connected to the national highway in operation.
2. Authorities with competence to approve designs of intersections connected to national highways in operation:
a) For national highways managed by the Ministry of Transport, the Department for Roads of Vietnam shall approve the designs of intersections connected to expressways and national highways planned to become expressways; the Road Management Authority shall approve the designs of intersections connected to national highways under its management;
b) Provincial People's Committees shall approve of the designs of intersections connected to national highways under their management.
3. Competent authorities shall receive, check and resolve applications as follows:
a) For applications submitted directly, the competent authority shall check the application components; if complete, they shall receive and write a notice of appointment to return the results; if incomplete, they shall guide the investor to complete the application as prescribed;
b) For applications submitted indirectly, within 02 working days from the date of receipt of the application, the competent authority shall check the application components; if complete, they shall receive it; if incomplete, they shall issue a written notice to the organization or individual to complete the application;
c) Within 07 working days from the date of receipt of the complete application as prescribed, the competent authority shall review the application, if qualified, issue a document approving the design of the intersection connected to the national highway in operation in accordance with Form No. 02 specified in Appendix I attached hereto; in case of refusal, there must be a written response clearly stating the reasons.
4. The document approving the design of the connecting intersection shall be in effect for 18 months. After the above-mentioned period, if the investor has not submitted a application for issuance of a permit construction of the intersection connected to the national highway in operation in accordance with Article 4 hereof or there is a change in the scale of the connecting intersection, the intersection design approval procedure must be re-implemented from the beginning.
5. For traffic connections under road construction investment projects for which the Prime Minister, the Minister of Transport, or the Chairman of the Provincial People's Committee is the authority with competence to decide on investment, the decision on the design of the intersection connected to the national highway in operation shall be made in the project approval decision and shall not have to be carried out in accordance with Clauses 1, 2, 3 and 4 of this Article.
1. The investor of the project to construct a intersection connected to a national highway in operation shall submit 01 application for issuance of permit for construction of the intersection connected to a national highway in operation directly or indirectly (by post or via the online public service portal) to the competent authority specified in Clause 2 of this Article. The application includes:
a) Application form as prescribed in Form No. 03 of Appendix I attached hereto;
b) Explanation and drawings of construction organization measures for intersections connected to national highways in operation; measures to ensure road traffic when constructing intersections.
2. Authority with competence to issue permits for construction of intersections connected to national highways in operation:
a) For national highways managed by the Ministry of Transport, the Road Management Authority shall issue permit for construction of intersections connected to national highways under its management;
b) The Provincial People's Committees shall issue permits for construction of intersections connected to national highways under their management.
3. Competent authorities shall receive, check and resolve applications as follows:
a) For applications submitted directly, the competent authority shall check the application components; if complete, they shall receive and write a notice of appointment to return the results; if incomplete, they shall guide the investor to complete the application as prescribed;
b) For applications submitted indirectly, within 02 working days from the date of receipt of the application, the competent authority shall check the application components; if complete, they shall receive it; if incomplete, they shall issue a written notice to the organization or individual to complete the application;
c) Within 07 working days from the date of receipt of the complete application as prescribed, the competent authority shall review the application, if qualified, issue a permit for construction of the intersection connected to the national highway in operation in accordance with Form No. 04 specified in Appendix I attached hereto; in case of refusal, there must be a written response clearly stating the reasons.
4. The validity period of permits for construction of intersections connected to national highways in operation:
a) For intersections in public investment projects, PPP projects, the validity period of permits for the construction of intersections shall equal the project implementation progress;
b) For cases not specified in Point a of this Clause, the validity period of permits for the construction of intersections connected to national highways in operation shall not exceed 24 months from the date of issuance;
c) If the construction permit expires but the construction of the intersection connected to the national highway in operation has not been completed, the procedure for issuance thereof must be re-implemented from the beginning.
Article 5. Issuance of permits for construction of works on national highways in operation
1. The investor of the project to construct a work on a national highway in operation shall submit 01 application for issuance of permit for construction of the work on the national highway in operation directly or indirectly (by post or via the online public service portal) to the competent authority specified in Clause 3 of this Article. The application includes:
a) Application form as prescribed in Form No. 01 of Appendix I attached hereto;
b) Documents serving permit issuance specified in Clause 2 of this Article:
2. Documents serving permit issuance include:
a) Construction design drawings including information on the location and route of the work. The drawings must show: area and dimensions of the work within premises of road work and within land for road; vertical plane and vertical distance from the work above or below to the surfaces of road works, horizontal distance from poles, lines, pipes and other parts of the work applying for construction permit to the outer edges of vertical water drainage channels, driveways or internal roads; parts of road works that require digging and drilling during construction;
b) For works applying for construction permits within the median strip of the road, in addition to the documents specified in point a of this clause, information regarding the vertical and horizontal distances from the edge of such works to the surface and outer edge of the median strip;
c) For work applying for a construction permit connecting to bridges, tunnels, or other complex road works, in addition to point a of this clause, report on the results of design verification and calculation of the bearing capacity of road works performed by a qualified consulting organization in accordance with construction law;
d) The post-construction restoration design drawing of the road work affected; the drawing and explanation: construction organization measures, traffic management measures during the construction period on the active road.
3. Authorities with competence to issue permits for construction of works on active roads: Road Management Authorities, Departments of Transport, District-level People's Committees, Commune-level People's Committee shall issue permits for construction on active roads under their management.
4. Competent authorities shall receive, check and resolve applications as follows:
a) For applications submitted directly, the competent authority shall check the application components; if complete, they shall receive and write a notice of appointment to return the results; if incomplete, they shall guide the investor to complete the application as prescribed;
b) For applications submitted indirectly, within 02 working days from the date of receipt of the application, the competent authority shall check the application components; if complete, they shall receive it; if incomplete, they shall issue a written notice to the organization or individual to complete the application;
c) Within 07 working days from the date of receipt of the complete application as prescribed, the competent authority shall review the application and, if qualified, issue a construction permit in accordance with Form No. 02 specified in Appendix II attached hereto; in case of refusal, there must be a written response clearly stating the reasons.
5. The construction permit shall expire after 24 months. If the permit expires and the construction activities on active roads have not been completed, the procedures for issuance of a permit for construction activities on active roads must be carried out again from the beginning.
1. Responsibilities of organizations and individuals granted permits for construction on active roads:
a) At least 05 days before construction, a public information board must be installed at the construction site with information about the name of the investor, contractor, supervision unit, construction start time, and completion time; phone number of the representative of the investor, contractor, and supervising unit for organizations and individuals to contact and provide necessary information to ensure construction safety and traffic safety during construction activities on active roads;
b) Inform the road authority directly managing the road, the traffic police force on such road of the information specified in point c of this clause and post it on at least 01 media platform;
c) Adjust, add traffic safety assurance measures when requested by the road authority directly managing the road or the traffic police force on such road during construction activities on active roads.
2. For works that do not require a permit to be constructed on an active road in accordance with clause 3 of Article 32 of the Law on Roads, organizations and individuals constructing on active roads shall comply with clause 5 of Article 32 of the Law on Roads and:
a) Point a of Clause 1 of this Article, except for cases of construction of works specified at Points a, dd, e and k of Clause 3 of Article 32 of the Law on Roads;
b) Point b of Clause 1 of this Article, except for cases specified at Points a, dd, e and k of Clause 3 of Article 32 of the Law on Roads;
3. Responsibilities of the road authorities directly managing the roads:
a) Inspect the implementation based on the construction permit;
b) Suspend, revoke, or request the licensing authority to decide the suspension or revocation of the permit for construction activities on active roads for case of violating the contents specified in the construction permit;
c) Handle any proposals during construction activities on active roads;
d) Cooperate with the traffic police force on the road to ensure traffic order and safety.
MANAGEMENT, OPERATION AND MAINTENANCE OF ROAD INFRASTRUCTURE PROPERTY
Article 7. Dossiers on maintenance process for road infrastructure
1. The dossier on maintenance process for road infrastructure includes:
a) Documents specified in Clause 8 of Article 34 of Decree No. 06/2021/ND-CP ; technical regulations and standards on maintenance of road infrastructure;
b) Regulations on supervision and acceptance of quality-based road infrastructure property maintenance results.
2. The project developer shall prepare and approve the maintenance process for road infrastructure property in the technical design or construction drawing design step, except for the case specified in Clause 1 of Article 8 hereof.
3. If it is necessary to revise the maintenance process for road infrastructure works that have been put into operation, grounds shall include:
a) Relevant technical standards and regulations; applicable maintenance procedures;
b) Scale and technical condition of the infrastructure in operation;
c) Results of: inspection, maintenance, repair, monitoring, and quality control, assessment of load bearing and operational safety of the construction work during the period of operation and use thereof;
d) Information, data on number of vehicles, vehicle load control facilities, traffic conditions on the road, geological, hydrological, topographical data affecting the road infrastructure.
4. The revision of maintenance process for road infrastructure work shall comply with clause 6 of Article 31 of Decree No. 06/2021/ND-CP. For national highways specified in clause 3 of Article 8 of the Law on Road and road infrastructure that is public property managed by the Ministry of Transport, the Department for Roads of Vietnam shall prepare and approve the revision of the work maintenance process.
1. If there are maintenance standards or suitable maintenance processes for similar works, the owner or the entity managing and using the work can apply those standards or processes without having to prepare a separate maintenance plan.
2. If a work has one or several items or components that are not covered by existing maintenance standards or processes as specified in clause 1 of this Article, additional maintenance processes must be established for these items or components.
Article 9. Plan for management, operation and maintenance of road infrastructure
1. The Plan for management, operation and maintenance of road infrastructure that is prepared and approved annually shall comply with Form No. 01 of Appendix III attached hereto Tasks included in the Plan for management, operation and maintenance of road infrastructure include:
a) Carry out periodic maintenance, repair, unexpected repair, works carried over from previous year to next year, quality inspection, construction monitoring, safety assessment of road infrastructure and items, vehicles, equipment serving road management and operation;
b) Manage, operate, and use road works, road lighting systems, and items, components, equipment attached to roads serving the operation of road works;
c) Manage and operate system of: bridge management; survey, collection, development, storage, operation of road database and software repair for proper operation of works and safety, but excluding tasks already fully guaranteed by the administrative autonomy of agencies and units; vehicle load control facilities;
d) Formulate regulations, standards, and norms on management, operation, and maintenance of road infrastructure; maintenance and operation processes for road infrastructure;
e) Adjust and add road safety corridor boundary markers during the operation and use of road works;
g) Provide price support (part not included in price) for ferry services; carry out repair, replacement, and addition of ferries, vehicles, and equipment for river crossing; purchase additional equipment and spare materials for ferries and vehicles and equipment for river crossing;
h) Purchase patrol inspection uniforms; support inspection of road traffic infrastructure work; support disaster recovery work, ensuring traffic flow;
i) Be on duty to ensure traffic, be on duty at side roads connecting to the expressway and at tunnel entrances according to maintenance and operation processes or in emergency cases where it is necessary to ensure traffic safety and handle traffic congestion as required by road authorities; conduct traffic safety inspections of road works in operation;
k) Purchase additional backup supplies and equipment used for natural disasters management and recovery; manage, protect and maintain the warehouse of backup supplies used for natural disasters management and recovery;
l) Carry out management, operation, and maintenance for PPP projects received from investors after the project contract is terminated within the time limit specified in the contract or when the contract is terminated before the time limit as prescribed by law on PPP that have not completed the procedures to establish all-people ownership;
m) Perform tasks serving annual maintenance planning and estimation for road works (including the cost of using pavement data survey technology system); other work for owners or managers of road works to organize the supervision and acceptance of regular maintenance of road works;
m) Other tasks as prescribed by law;
2. Responsibility for preparing, approving and revising plans for management, operation and maintenance of road infrastructure:
a) Responsibility for preparing, approving and revising plans for management, operation and maintenance of road infrastructure managed by the Ministry of Transport using central government budget capital shall comply with Clause 3 and Clause 4 of this Article;
b) People's Committees at all levels shall organize the preparation, approval and revision of plans for management, operation, and maintenance of road infrastructure within their management;
c) Investors and enterprises receiving the transferred or leased road infrastructure property shall prepare, approve and revise plans for management, operation, and maintenance of road infrastructure in accordance with Clause 1 of this Article and the contract;
d) Enterprises assigned by the State to manage, operate and use roads, enterprises making PPP investment, owners, managers and users of special-use roads shall prepare, approve and revise plans for management, operation, and maintenance of road infrastructure under their management as prescribed in Clause 1 of this Article and the law on enterprises;
dd) The responsibility for preparing and approving revisions of plans for management, operation, and maintenance of special-use road infrastructure and road infrastructure using other capital sources shall comply with Article 32 of Decree No. 06/2021/ND-CP .
3. Preparation, approval of needs and plans for management, operation and maintenance of road infrastructure using the central government budget capital managed by the Ministry of Transport:
a) Based on the technical status, transportation operation needs, information on the scale and structure of the work, repair and maintenance history, other data on road infrastructure operation; technical standards, maintenance processes, and economic and technical norms; the Department for Roads of Vietnam shall prepare road infrastructure maintenance needs, including tasks specified in Clause 1 of this Article and prepare tasks and a list of projects prioritized to be allowed for investment preparation for the following year and submit them to the Ministry of Transport before May 30 every year;
b) The Ministry of Transport shall approve the needs for road infrastructure maintenance at the same time with tasks and list of projects prioritized to be allowed for investment preparation for the following year before June 30 every year;
c) Based on the tasks and list of priority projects specified in Point b of this Clause, the Department for Roads of Vietnam shall prepare, appraise and approve projects, technical and economic reports on construction repair, and estimates for tasks in the road infrastructure management, operation and maintenance plan before December 31 of each year. If necessary, the Department for Roads of Vietnam is allowed to partially adjust the length, alignment of the repaired road, technical solutions, and add traffic safety items within the budget of the list approved by the Ministry of Transport; if it is necessary to apply solutions to ensure the safety of structural components of bridges, culverts, tunnels and ferries, the Department for Roads of Vietnam shall approves adjustments not exceeding 20% of the budget approved by the Ministry of Transport;
d) Based on the tasks and list of priority projects specified in Point b of this Clause; maintenance list (unexpected maintenance, repairs, projects carried over from the previous year), and tasks regarding management and operation of road infrastructure, the Department for Roads of Vietnam shall submit a consolidated report to the Ministry of Transport on the plan for management, operation, and maintenance of road infrastructure for the following year before November 10 every year;
d) Within 15 days from the date of being assigned or notified of the estimates of budget expenditure and revenue by the competent authority, the Ministry of Transport shall approve the plan for management, operation, and maintenance of road infrastructure for the following year;
e) If the competent authority informs that the available fund is insufficient to carry out all the tasks related to the management, operation, and maintenance of road infrastructure, the tasks and projects in this plan that are prioritized to be carried out include: maintenance; addressing traffic accident-prone spots and potential traffic accident spots; projects carried over from the previous year; repairs for assurance of the safety of works, road traffic safety, and safety during the operation of ferry terminals, pontoon bridges, and road tunnels; addressing the risk of structure collapse; operation of ferry terminals and pontoon bridges; other necessary tasks approved by the competent authority in charge of deciding the road infrastructure management, operation, and maintenance plan.
4. Amendments to the list, tasks with respect to management, operation, and maintenance of road infrastructure; revision of the plan for management, operation, and maintenance of road infrastructure using central government budget capital managed by the Ministry of Transport:
a) If it is necessary to amend the list, tasks related to the management, operation, and maintenance of road infrastructure approved by the Ministry of Transport in the decision on the annual maintenance needs in June, or if it is necessary to add works subject to unexpected repair that are not specified in points b and c of clause 4 of this to the approved road infrastructure management, operation, and maintenance plan, the Department for Roads of Vietnam shall submit an application to the Ministry of Transport for approval of the amendments;
b) For unexpected amendments to the list, tasks related to the management, operation, and maintenance with a value ranging from VND 500 million to VND 5 billion, including repairs of traffic accident-prone spots, the Department for Roads of Vietnam shall decide and organize implementation according to applicable regulations;
c) For unexpected amendments to the list, tasks related to the management, operation, and maintenance with a value of less than VND 500 million, the Road Management Zones shall decide and organize implementation according to applicable regulations;
d) In case of construction of works in accordance with emergency work construction orders for natural disaster recovery, the Department for Roads of Vietnam shall use the funds and implementation methods in accordance with regulations on natural disaster management and recovery in the road sector of the Minister of Transport;
dd) The Department for Roads of Vietnam shall consolidate the cases specified in points a, b, c, and d of this clause and submit them to the Ministry of Transport for approval of revision of the road infrastructure management, operation, and maintenance plan.
1. Reporting regulations:
a) Report on the results of implementing the road infrastructure management, operation, exploitation, and maintenance plan shall be sent quarterly, every 6 months, and annually using form No. 02 in Appendix III attached hereto;
b) Deadlines: Quarterly reports are due by the 20th of the last month of the quarter; the 6-month report is due by the 20th of June, and the annual report is due by the 20th of November each year;
c) Deadlines for finalizing data in quarterly reports, reports for the first 6 months, and annual reports: 10 days before the deadline specified in Point b of this Clause.
2. Reporting responsibilities:
a) For national highways specified in Clause 3 of Article 8 of the Law on Roads: Department for Roads of Vietnam, Road Management Zones, and assigned units shall report to the Ministry of Transport on cases of using state budget capital;
b) For roads specified in clause 2 and clause 4 of Article 8 of the Law on Roads: The local road authorities shall report to provincial People's Committees on the implementation results under their jurisdiction;
c) For road infrastructure under a PPP contract: the enterprise managing, operating, using, and maintaining such infrastructure shall reports to the authority concluding such contract as per the contract terms.
3. In addition to the periodic reports as stipulated in clause 1 of this Article, the authorities and units specified in clause 2 of this Article shall make unexpected reports as per request by the competent authority.
SECTION 2. MAINTENANCE FOR ROAD INFRASTRUCTURE
1. Quality-based maintenance shall apply to regular maintenance activities of road infrastructure works. The supervision of regular maintenance is conducted through weekly patrols and inspections and supervision of road managers and users. The acceptance of the quality-based road infrastructure maintenance results shall be carried out monthly or quarterly.
2. Criteria for supervision and acceptance of quality-based maintenance are specified in Form No. 01 of Appendix IV attached hereto.
3. Road managers and users shall organize the supervision and acceptance of results of regular maintenance road infrastructure works.
4. The Department for Roads of Vietnam shall decide whether to apply the quality-based maintenance or quantity-based maintenance for regular maintenance activities of road infrastructure works under central management.
5. 5. The time limit for execution of public maintenance service bidding contracts for regular maintenance of road infrastructure works shall not exceed 03 years. The parties shall revise the contract upon adjusting the scope of the regular maintenance contract due to the implementation of investment projects for renovation, upgrading, expansion of roads, or road repair projects; when the state changes the norms, unit prices of labor, standards, and other changes in accordance with law.
6. Regular maintenance dossiers and records of results of regular maintenance of road infrastructure works include:
a) Road patrol diary in accordance with Clause 4 of Article 19 hereof;
b) Results of regular maintenance of road infrastructure works which are recorded in the regular maintenance book in accordance with Form No. 02 of Appendix IV attached hereto.
Article 12. Lifespan of works and duration for periodic repair
1. The designed lifespan of a road (design life) is the estimated period that the structure is intended to be used, ensuring safety and functionality requirements. The design life of a work shall be specified in the applicable technical standards and regulations and the construction design tasks.
In cases where the construction design regulations, standards do not specify the lifespan of the road work for determining the periodic pavement maintenance duration, the estimated lifespan shall be determined in accordance with Appendix V attached hereto or based on the accumulated standard axle loadings in the design compared to the accumulated standard axle loadings during operation; the duration for periodic maintenance, replacement of equipment installed on the work, and periodic maintenance of other items shall be determined in accordance with the design regulations, regulations in relevant technical standards and regulations and regulations on the duration used for calculating depreciation for fixed assets.
2. The actual lifespan of a structure is the period the structure has been used in practice while ensuring safety and functionality requirements.
The actual lifespan may be different from the designed lifespan due to reasons such as: status of operation and use of the road work, traffic volume, vehicle loads affecting the work, and other components that are different from the design; unexpected damage-causing factors appearing during operation; results of managing, maintaining the work, work items, and equipment installed on the work.
3. If the actual lifespan is shorter than the designed lifespan, the owner or the manager and user of the work must conduct quality inspections and assessments (if necessary) to determine the reasons for such matter and carry out repair measures to ensure the safety of the structure during use.
1. Cases where road infrastructure must be monitored during its operation are specified in Appendix VI attached hereto.
2. Organizations qualified to assess road work safety are organizations satisfying eligibility requirements for construction inspection in accordance with the construction law.
3. The authority to accept and provide opinions on the work safety assessment results shall comply with Article 4 of Decree No. 06/2021/ND-CP .
4. The list of works that must be accepted by and obtain opinions on their safety assessment results from competent authorities shall comply with Appendix VII attached hereto.
SECTION 3. ADDRESSING ROAD TRAFFIC ACCIDENT-PRONE SPOTS AND POTENTIAL ROAD TRAFFIC ACCIDENT SPOTS
1. Road traffic accident-prone spot/location/road is the condition of a road work where within a period of 12 months, one of the following cases occurs:
a) 02 road traffic accidents occur, both resulting in deaths;
b) 03 or more accidents occur, including 01 resulting in deaths;
c) 04 or more road traffic accidents occur, but only injuries are sustained.
2. Potential road traffic accident spot/location/road is the condition of a road work where one of the following cases occurs:
a) Within 12 months, 05 or more collisions occur, or at least 01 accident results in a fatality, or less than 4 road traffic accidents occur but with injuries sustained;
b) The condition of the road work, traffic arrangement, and surrounding environment at the potential accident spots that has factors contributing to road traffic hazards.
3. If the number of road traffic accidents specified in clauses 1 and 2 of this Article occurs but after determining that the road traffic accidents are not caused by the road infrastructure at the spot, it shall not be considered a traffic accident-prone spot or potential traffic accident point.
4. Documents identifying road traffic accident-prone spots and potential road traffic accident spots include: requests from the police authorities, organizations, individuals regarding road traffic accident-prone spots, potential road traffic accident spots (if any); data on road traffic accidents: a table detailing the number of road traffic accidents with descriptions, number of accidents, damages, assessment of causes with preliminary mitigation suggestions, and a schematic diagram of the area, photographs of the location where the road traffic accidents occur.
1. Road authorities, road managers and users shall make a consolidated report based on the following criteria: the number of road traffic accidents, the number of fatalities and injuries from road accidents; damages to road infrastructure, vehicles involved in traffic; annual road traffic order and safety situations; receive, inspect, and handle information from traffic police on the road, organizations, individuals (if any) regarding traffic conditions on the road; organize inspections, assess the scene, and compare it to regulations specified in Article 14 hereof to prepare a dossier on addressing road traffic accident-prone spots, potential road traffic accident spots.
2. Road managers and users shall perform the following tasks to address road traffic accident-prone spots and potential road traffic accident spots:
a) Inspect the scene, compare, and add the characteristics of the scene, including: traffic conditions at intersections; traffic arrangement plans; inspect the technical factors of road infrastructure such as visibility, horizontal and vertical curvature radii, gradients, roughness index, pavement conditions, super-elevations, and other technical factors; road safety clear zones; sketch maps, take photographs of the scene; inspect and assess traffic flow, vehicle types, traffic and pedestrian conditions; weather, climate, and surrounding environmental factors affecting road safety and other necessary information;
b) Based on the collected scene documentation, create a site plan showing the main characteristics of the scene: the road where the accident occurred, road signs and markings, traffic safety works, and terrain on both sides of the road to analyze, assess the situation, and determine the cause of the traffic accident;
c) Based on the results from points a and b of this clause, road users and managers shall develop proposals to address road traffic accident-prone spots and potential road traffic accident spots, including determination of the roadmap and completion time for the remedy.
3. Addressing road traffic accident-prone spots:
a) For accident-prone spots on national highways specified in clause 3 of Article 8 of the Law on Roads but not included in the approved road infrastructure management, operation, and maintenance plan, the Department for Roads of Vietnam shall allow investment preparation (or economic-technical reports) and promptly organize the implementation to ensure road traffic safety; update and submit the revision of the road infrastructure management, operation, and maintenance plan to the Ministry of Transport for approval;
b) People's Committees at all levels address road traffic accident-prone spots on roads within their management;
c) State-assigned enterprises responsible for managing, operating, and using roads specified in point d of clause 2 of Article 9 hereof shall promptly address accident-prone spots ensure road traffic safety.
4. For potential road traffic accident spots not included in the approved road infrastructure management, operation, and maintenance plan, the road authorities, road managers, users shall request the authority with competence to approve the road infrastructure management, operation, and maintenance plans to allow investment preparation for unexpected repair projects, except for cases specified in point b and point c of clause 4 of Article 9 hereof for national highways managed by the Ministry of Transport to address potential road traffic accident spots.
5. Road authorities, road managers, users shall inform those who report road traffic accident-prone spots and potential road traffic accident spots of the results of addressing them.
SECTION 4. MANAGEMENT AND OPERATION OF ROAD INFRASTRUCTURE; ROAD PATROLS AND ROAD PATROL INSPECTIONS
Article 16. Dossier on management and operation of road infrastructure
1. The dossier on management and operation of road infrastructure includes:
a) Project approval decision and construction investment feasibility report or economic-technical investment and construction report, technical design, construction drawing design; results of inspection and commissioning test by competent authorities in accordance with construction laws, commissioning test records related to construction investment projects and records of commissioning test of completion of the work before putting it into operation; work handover minutes; survey tasks, construction survey reports; results of monitoring, measurement, quality inspection of the work, structural load-bearing capacity testing (if any) during construction, list of equipment, spare parts, and reserve materials;
b) Construction drawing design has been confirmed by the investor (enclosure) and design changes during construction;
c) As-built drawing (enclosure); elevation benchmarks, coordinates (if any); electronic archive (if any);
d) Profiles of equipment and technological equipment; user manuals and operator manuals for equipment and technology lines installed on the work (if any);
dd) Site clearance benchmark documents; land use right certificate of infrastructure works serving management of road works (if any); safety corridor benchmark system;
e) Inspection and appraisal of traffic safety documents;
g) Work maintenance process and operation process;
h) Documents on traffic arrangement (if any) and handling of construction incidents (if any);
i) Documents of primitive status of bridge or tunnel construction works (if any);
k) Road patrol journals, profiles of bridges or tunnels, straight line sketch, road database updated during management and operation; statistical report on operation of road works; magnetic tapes, discs or pictures of work condition;
l) Records and documents concerning handling of safety corridor violations and road traffic infrastructure violations (if any);
m) Documents regarding inspection, assessment, monitoring, repair and other tasks relating to management, operation and maintenance of road works (if any);
n) Road, ferry and pontoon bridges vehicle count data.
2. Responsibilities for preparing, providing and receiving documents serving operation and maintenance of road works:
a) For new road works, renovated, upgraded, and expanded road word, road work repair projects, the project developer shall prepare and hand over documents prescribed in point a, b, c, d, dd, e, g, h, i and m of clause 1 in this Article to the owner or manager, user of those works before they are put into operation. During the handover, the transferor and transferee must verify the condition of the transferred documents and make a list of those documents;
b) For road works currently in operation, the maintenance contractor, management and operation contractor shall take responsibility to prepare documents in accordance with points k, l and n of clause 1 in this Article and be subject to inspection conducted by the road work owner, manager or user.
Article 17. Management and operation of road infrastructure
The management, operation of road infrastructure shall be carried out in accordance with Article 36 and Article 37 of the Law on Roads, the Decree elaborating Law on Roads, Article 77 of the Law on Road Traffic Safety and Order; Decree No. 44/2024/ND-CP on the management and use of road infrastructure property and the following regulations:
1. The operation of lighting equipment, equipment serving the operation of road tunnels, equipment serving the lifting and lowering of bridges and swing bridges must be carried out simultaneously with the management and maintenance of road infrastructure;
2. The operation of road ferries and road pontoon bridges must comply with the operation and use process of each ferry and pontoon bridge and must be equipped with means and equipment to ensure safety on the river. In case of rising river water level, flood, storm, or wind exceeding the limit specified in the operation process, operation must be stopped to ensure safety.
3. The road signs are used to notify changes in permitted allowable speeds and other warnings to road users and relevant organizations and individuals. Information on traffic signs may change when speed regulations change, when speed adjustments are needed, and when there are changes to information that affect traffic order and safety;
4. For other equipment attached to road works, equipment serving the management, operation, and maintenance of road infrastructure, the operation shall be carried out according to the operation processes of such equipment.
Article 18. Operation of vehicle load control works on roads
1. Vehicle load control facilities on roads must operate 24/7. In case of suspension due to force majeure, natural disasters, malfunctions, the unit managing, operating the vehicle load control facility must promptly report to the road authority. The report must be made within 01 day from the suspension date.
2. Data on vehicle load test result must be connected, shared with the technical devices system for vehicle load test of the traffic police force on the road.
3. Before the 25th of each month, the unit managing and operating the vehicle load control facility must report to the road authority on the vehicle load control results: the number of vehicles inspected; the number of vehicles violating prescribed payload; the percentage (%) of violating vehicles out of the total vehicles inspected.
Article 19. Road patrols serving management, operation and maintenance of road infrastructure
The contractor managing and regularly maintaining the active road, or the organization or individual assigned to perform this task, is responsible for organizing road patrols to:
1. Carry out management and protection of road infrastructure:
a) Detect and timely prevent organizations, individuals from engaging in violations regarding the management and use of road infrastructure, unauthorized connections to roads, construction, installation of advertising signs, information signs for political propaganda, and construction of common infrastructure/technical infrastructure not in compliance with regulations;
b) Cooperate with persons in charge of road patrols specified in Clause 2 of this Article in preparing reports confirming violations related to the management, use, and protection of road infrastructure;
c) Summarize the situation of violations concerning the protection of road infrastructure, results of handling and remedying infrastructure violations, resolution of violations, and enforcement by local authorities, and request road managers and users to take action.
2. Inspect and address damages to road infrastructure:
a) Timely detect damages, signs of damage to road infrastructure, and equipment installed on road infrastructure; inspect and monitor the condition of operation of items, components, and equipment installed on the works;
b) Promptly rectify damages causing traffic hazards, ensure traffic and work safety as per regular road maintenance standards and contract;
c) Install temporary road signs, implement warning measures and necessary actions for damaged or flooded roads and other cases that cannot ensure traffic safety to ensure safety for road users and vehicles;
d) Promptly report damages and signs posing risks to the operational safety of road managers, users, and traffic participants. Notify the traffic police force on the road when necessary for traffic control.
3. Ensure traffic safety:
a) Promptly report accidents to the traffic police force on the road, local police authorities, and authorities closest to the scene; organizations, individuals involved in traffic rescue; road managers, users;
b) Participate in managing traffic congestion, rescue in case of traffic accident, and provide temporary traffic guidance when necessary in the absence of traffic police or road authorities;
c) Protect the accident scene, assess damage to road infrastructure in cases of accidents causing breakages, damage to guardrails, bridge parapets, signboards, and bridges, and other cases causing damage to road infrastructure; request vehicle controllers to stay at the scene; notify road managers, users; and cooperate with local authorities and the traffic police force on the road in confirming damages for compensation requests;
d) Send monthly, quarterly, and yearly consolidated reports on road traffic accidents based on three criteria (number of accidents, fatalities, and injuries due to road accidents), routes, and accident locations; report to road managers, users;
e) Identify existing issues in traffic arrangement, road traffic accident-prone spots, and potential road traffic accident spots; propose actions for road managers, users.
4. Maintain road patrol logs as per regulations in Section I of Appendix VIII attached hereto; store and hand over road patrol logs to road managers, users when the contract expires or the assigned maintenance task is completed for road infrastructure property.
5. The length of road subject to patrols and frequency of road patrols shall depend on the scale, technical level of the road, traffic volume on the road, traffic order and safety conditions, road infrastructure quality, seasonal weather conditions, and must be specified in the contract for the road maintenance contractor to implement. The length of road subject to patrols is specified in Part III of Section I of Appendix VIII attached hereto.
6. Cases where safety cannot be ensured or urgent tasks need to be performed are not required to perform road patrols temporarily, including:
a) Locations and work items where serious incidents occur and cause severe damage, road blockages, and other situations where persons in charge of road patrols cannot move safely to perform their duties;
b) Cases where persons in charge of road patrols are currently participating in rescue in case of accidents or natural disasters or participating in addressing construction incidents, fire, explosion incidents, and other force majeure circumstances.
1. The content recorded in the road patrol inspection log, number of inspection rounds conducted is specified in Part II of Section II of Appendix VIII attached hereto; vehicles, equipment serving the patrol inspection are specified in Part III of Appendix VIII attached hereto.
2. Road managers, users shall organize road patrol inspections for:
a) Inspect, supervise the management, maintenance of road infrastructure by contractors or organizations, individuals assigned to manage and maintain road works; road patrol tasks;
b) Disseminate, promote compliance with regulations on the management and protection of road infrastructure; record violations related to the management and use of road infrastructure; and request organizations, individuals to stop violating the Law on Roads, and perform remedial measures;
c) Upon receiving information about traffic accidents, notify the traffic police force on the road and the nearest local authorities; participate in managing traffic congestion, rescue in case of accident; provide temporary traffic guidance when necessary in the absence of the traffic police force on the road; participate in protecting the accident scene;
d) Receive, monitor, handle requests from contractors or organizations, individuals assigned to manage and maintain road works, individuals assigned to patrol inspection, and from other organizations, individuals regarding violations related to the management, use of road infrastructure; arrange traffic and road traffic order and safety.
Article 21. Transitional clauses
1. Regular maintenance contractors shall continue to carry out maintenance activities for road infrastructure according to contracts signed before the effective date of this Circular; in cases where bidding has been organized but contracts have not been signed before the effective date of this Circular, all parties involved should negotiate to make adjustments to the contract in compliance with this Circular.
2. Road infrastructure works that have been put into operation but do not have a maintenance process must complete the establishment and approval of such process before December 31, 2025, except for those of Class III and below and those specified in Article 8 hereof.
1. This Circular comes into force from January 01, 2025;
2. The following Circulars shall be annulled:
a) Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated December 24, 2010 of the Government on the management and protection of road traffic infrastructure; Circular No. 35/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport amending Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road traffic infrastructure; Circular No. 13/2020/TT-BGTVT dated June 29, 2020 of the Minister of Transport amending Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road traffic infrastructure and Circular No. 35/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport amending Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road traffic infrastructure; Circular No. 39/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport amending Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road traffic infrastructure;
b) Article 1 of Circular No. 25/2024/TT-BGTVT dated June 28, 2024 amending Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport elaborating Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on the management and protection of road traffic infrastructure;
c) Circular No. 37/2018/TT-BGTVT dated June 7, 2018 of the Minister of Transport on the management, operation maintenance of road works;
d) Circular No. 41/2021/TT-BGTVT dated December 31, 2021 of the Minister of Transport on amending Circular No. 37/2018/TT-BGTVT dated June 7, 2018 of the Minister of Transport on the management, operation maintenance of road works;
d) Article 4 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport amending Circulars on the periodic reporting in the road sector;
e) Circular No. 04/2019/TT-BGTVT dated January 23, 2019 of the Minister of Transport on road patrols and patrol inspections for road infrastructure protection;
g) Circular No. 48/2019/TT-BGTVT dated December 17, 2019 of the Minister of Transport on criteria for monitoring and acceptance of quality-based road infrastructure property maintenance results and application of road infrastructure property maintenance forms;
h) Circular No. 12/2014/TT-BGTVT dated April 29, 2014 of the Minister of Transport on the management and operation of bridges on rural roads;
i) Circular No. 32/2014/TT-BGTVT dated August 8, 2014 of the Minister of Transport on the management and operation of rural roads;
k) Circular No. 26/2012/TT-BGTVT dated July 20, 2012 of the Minister of Transport on identifying and addressing dangerous locations on active roads;
l) Articles 1, 3, 6, 8, 11, 13, 14 and 16 of Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport amending Circulars related to management, operation, use, maintenance and protection of roads;
m) Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport elaborating regulations on management, operation and maintenance of expressway works; Circular No. 45/2018/TT-BGTVT dated August 13, 2018 of the Minister of Transport amending Circular No. 90/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport elaborating regulations on management, operation and maintenance of expressway works; Circular No. 48/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport amending Circular No. 90/2014/TT-BGTVT dated December 31, 2014 elaborating regulations on management, operation and maintenance of expressway works.
3. In case the legislative documents referred to in this Circular are amended or replaced, the newer documents shall apply./.
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