THE GOVERNMENT OF VIETNAM ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————-
No. 165/2024/ND-CP	Hanoi, December 26, 2024

DECREE

ELABORATING THE LAW ON ROAD AND ARTICLE 77 OF THE LAW ON ROAD TRAFFIC ORDER AND SAFETY

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Road dated June 27, 2024;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

Pursuant to the Construction Law dated June 18, 2014; the Law on amendment to the Construction Law dated June 17, 2020;

Pursuant to the Law on Planning dated November 24, 2017;

At request of the Minister of Transport;

The Government promulgates Decree elaborate the Law on Road and Article 77 of the Law on Road Traffic Order and Safety.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates the Law on Road and Article 77 of the Law on Road Traffic Order and Safety regarding:

1. Road infrastructure planning.

2. Classification, decentralization, and responsibility for management, operation, use, maintenance of roads.

3. Land area for road protection and maintenance; road margin; construction work in separation distance of road infrastructures; protection of road infrastructures; temporary use of roadway, pavement for other purposes.

4. Traffic arrangement, road traffic connection.

5. Road traffic safety inspection and assessment; training for road traffic safety inspection and assessment.

6. Expressway.

7. Road database.

8. Smart traffic management system.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals related to planning, investment, construction, management, operation, use, maintenance, and protection of road infrastructures, road traffic safety inspection and assessment, road database, and smart traffic.

Article 3. Details of road infrastructure planning and procedures for development, appraisal, approval, and revision of road infrastructure planning

Details of road infrastructure planning and procedures for development, appraisal, approval, and revision of road infrastructure planning shall conform to planning laws.

Chapter II

CLASSIFICATION, CATEGORIZATION, AND RESPONSIBILITY FOR MANAGEMENT, OPERATION, USE, MAINTENANCE OF ROADS

Article 4. National highway decentralization for management

1. People’s Committees of provinces (hereinafter referred to as “provincial People’s Committees”) shall manage:

a) National highways in their provinces or central-affiliated cities other than national highways under Clause 2 of this Article;

b) Structures and work items within national infrastructures attached to national highways under their management (road authority buildings, vehicle load control structures, land of road, road margin, and other work items associated to road infrastructures);

c) Bridges, tunnels, ferry stations located in two provinces and central-affiliated cities in which case the Ministry of Transport shall consult relevant provincial People’s Committees before deciding which provincial People’s Committee manages these structures.

2. National highways that are not decentralized for management include:

a) Expressways under management of the Ministry of Transport;

b) National highway No. 1, Ho Chi Minh Road connecting other national highways and other roads throughout the country;

c) National highways with special national defense and security requirements;

d) Segments of national highways handed over to state-owned enterprises for construction, management, operation, and maintenance by the Government;

dd) Other cases decided by the Prime Minister.

3. Funding sources for investment, construction, management, operation, and maintenance of national highway infrastructures delegated to provincial People’s Committees shall conform to regulations of the law on state budget, investment, public investment, public private partnership (PPP) investment, public asset use, and other relevant provisions of the law.

4. Road assets and infrastructures on national highways delegated to provincial People’s Committees shall be transferred in accordance with public asset management and use laws.

5. Responsibilities of provincial People’s Committees regarding national highways under their management

a) Investing and building national highways under their management in accordance with approved road network planning and approved road infrastructure planning;

b) Managing, operating, maintaining, and protecting road infrastructures inform of national highways under their management according to Clause 1 of this Article in accordance with road laws;

c) Managing, using, and operating road infrastructures in form of national highways under their management in accordance with public asset management and use laws;

d) Ensuring traffic connectivity consistent with other road in road network planning, road infrastructure planning in terms of load and vehicles operating on national highways under their management; ensuring convenient traffic connectivity with other roads in the area.

6. Responsibilities of the Ministry of Transport

Conducting inspection of decentralized national highways to ensure that scale and quality of national highways are compliant with approved road network planning, approved road infrastructure planning; ensure traffic connectivity in accordance with point d Clause 5 of this Article; conducting inspection for compliance with technical regulations and technical standards regarding road.

Article 5. Assigning provincial People’s Committees to manage national highways for socio-economic development, national benefits, national defense and security, and utilization of local resources

1. In order to satisfy socio-economic development demands, secure national benefits and national defense and security, on the basis of local resource availability, provincial People’s Committees shall request the Ministry of Transport to report Prime Minister in order to delegate the management of national highway segments to provincial People’s Committees in accordance with Clause 2 Article 4 hereof.

Pursuant to request of provincial People’s Committees, the Ministry of Transport shall review, request the Prime Minister to delegate the management of national highways and send draft decision compliant with Appendix I attached hereto to provincial People’s Committees.

2. Responsibilities of provincial People’s Committees to which management of national highway is delegated by the Prime Minister

a) Receiving national highway segments and implementing the intended objectives; ensuring that the size and grade of structures to at least equal those under approved road network planning and approved road infrastructure planning;

b) Ensuring resources for management, operation, and maintenance of delegated national highways; construction, renovation, upgrade, and expansion of delegated national highways in accordance with approved road network planning and approved road infrastructure planning;

c) Ensuring traffic connectivity in accordance with Point d Clause 5 Article 4 hereof.

3. Responsibilities of the Ministry of Transport

a) Delegating national highway segments to provincial People’s Committees after the Prime Minister issues decision on the delegation; documenting the handover of national highway infrastructures to provincial People’s Committees for management and use;

b) Inspecting and examining national highways to be delegated to provincial People’s Committees in accordance with Clause 6 Article 4 hereof.

Article 6. Managing national highways crossing special urban areas; national highway segments not compliant with approved planning; national highway segments with bypasses compliant with approved planning; collector roads and frontage roads branching from national highways under management of local government

1. The Ministry of Transport is responsible for documenting the handover of infrastructures of national highways that cross special urban areas; national highway segments that are not compliant with approved planning; national highways with bypasses that are compliant with approved planning; collector roads and frontage roads branching form national highways and delegating to provincial People’s Committees.

2. Provincial People’s Committees are responsible for receiving road infrastructures and organizing management of national highways, collector roads, and frontage road under Clause 1 of this Article and:

a) ensuring resources for: management, operation, utilization, maintenance, protection, construction, renovation, upgrade, and expansion of structures in accordance with approved planning;

b) Ensuring traffic connectivity in accordance with Point d Clause 5 Article 4 hereof.

3. The Ministry of Transport shall negotiate with provincial People’s Committees about time of handover

a) National highway and expressway segments that cross special urban areas built, managed, operated, utilized by enterprises authorized by the Government;

b) National highway and expressway segments that cross special urban areas where provincial roads connecting to national highways, expressways are not available.

Article 7. Adjustment of road type

1. The Ministry of Transport shall adjust national highway to local roads and vice versa as follows:

a) National highway segments are changed to local roads where: such segments are not included in road network planning or road infrastructure planning approved by the Prime Minister unless they serve special national defense and security requirements; alternative bypasses have been built appropriate to road network planning or road infrastructure planning approved by the Prime Minister;

b) Local road segments and other road segments that are included in road network planning and road infrastructure planning approved by the Prime Minister shall be changed to national highways.

2. Provincial People’s Committees shall adjust local roads under their management in case of changes in provincial planning, urban planning, and other relevant planning approved by competent authorities other than those under Clause 1 of this Article.

3. The handover of road infrastructures after decision on adjustment of road type is issued shall conform to regulations of the law on management and use of public assets.

Article 8. Road naming, re-naming, and numbering

1. Road name consists of the word “Đường” (Road) accompanied by proper name under Point a Clause 1 Article 11 of the Law on Road.

2. Road number consists of acronym of road type followed by a full stop then a natural number and is applicable to expressways, national highways, provincial roads, district roads, and urban roads as follows:

a) Number of expressway consists of the word “CT.” followed by natural number of the road and letters if any;

b) Number of national highway consists of the word “QL.” followed by natural number of the road and letters if any;

c) Number of provincial road consists of the word “DT.” Followed by natural number of the road and letters if any;

d) Number of district road consists of the word “DH.” followed by natural number of the road and letters if any;

dd) Number of urban road consists of the word “DDT.” followed by natural number of the road and letters if any.

3. Where a road is named using the same code and number as another road, the natural number of the road name shall be followed by a letter of B, C, D corresponding to the second road and onwards.

4. Natural number used for naming provincial roads in provinces and central-affiliated cities shall conform to Appendix II attached hereto.

5. Provincial People’s Committees shall decide natural number for naming district roads in their provinces.

6. Where road segments overlap, road name and number shall be determined in accordance with Clause 2 Article 11 of the Law on Road.

7. Where roads have side roads, side roads can be named after name of main roads followed by cardinal number of the side roads.

8. In respect of roads that are parts of international road network, conform to Point b Clause 1 Article 11 of the Law on Road.

9. Entitlement to decision of road name and number and responsibilities for declaring road name and number via mass media:

a) The Ministry of Transport shall decide name and number of national highways and roads in international road network under international treaties;

b) Provincial People’s Committees shall decide name and number of provincial roads, district roads;

c) District People’s Committees shall decide name and number of commune roads;

d) Entitlement to decision and adjustment of urban road name shall conform to Regulation of the Government on naming and re-naming public roads and public structures.

10. Naming and re-naming roads under cases detailed in Clause 3 Article 11 of the Law on Road and roads with special national defense and security requirements are not mandatory.

Article 9. Responsibility for management, operation, utilization, and maintenance of road infrastructures

1. The Ministry of Transport shall manage, operate, utilize, and maintain national highway infrastructures, except for national highways under Clause 1 Article 4, Clause 1 Article 5, Clause 1 Article 6 hereof and national highways in active contract execution in case of PPP; national highway segments which the Government has handed over to state-owned enterprises for construction, management, operation, and maintenance.

2. People’s Committees of all levels shall manage, operate, and maintain infrastructures of local roads under their management and national highways under Clause 4 Article 8 of the Law on Road and Clause 1 Article 4, Clause 1 Article 5, Clause 1 Article 6 hereof.

3. Management and use personnel of road are responsible for organizing management, operation, and maintenance of road infrastructures under their management and:

a) developing and submitting plans for management, operation, and maintenance of road infrastructures to competent authorities for approval;

b) organizing management, operation, and maintenance of assigned road infrastructures;

c) protecting road infrastructures in accordance with Article 21 of the Law on Road, Article 20 hereof; detecting, preventing, and taking actions against prohibited actions in respect of road infrastructures under Clause 1, Clause 2, Clause 3 Article 7 of the Law on Road, administrative violations of road infrastructures;

d) performing other tasks pertaining to management, operation, and maintenance in accordance with the Law on Road, this Decree, and relevant law provisions.

Chapter III

LAND AREA FOR ROAD PROTECTION AND MAINTENANCE; ROAD MARGIN; CONSTRUCTION WORK IN SEPARATION DISTANCE OF ROAD INFRASTRUCTURES; PROTECTION OF ROAD INFRASTRUCTURES; TEMPORARY USE OF ROADWAY, PAVEMENT FOR OTHER PURPOSES

Article 10. Land for road protection and maintenance

1. Land for protection and maintenance of roads outside of cities shall be determined as follows:

a) Width of land for protection and maintenance of roads outside of cities shall not be lower than 3 m in case of expressways, class I, class II roads; 2 m in case of class III roads; 1 m in case of class IV, class V, class VI roads, grade A, grade B, grade C, grade D roads, other roads and shall be determined as follows: from the bottom of the slope of fill road base or outermost point of catch water drains towards the sides; in case catch water drains are not available, from the topmost point of cut slopes of cut road base to the sides; in case of road base without cut and fill, from the outermost point of longitudinal gutters;

b) In respect of bridges crossing rivers and streams, width of land for bridge protection and maintenance shall be at least 5 m in case of special class, class I, class II bridges; 4 m in case of class III bridges, 3 m in case of class IV bridges and shall be determined from the outermost point of foundation of piers, abutments, structural elements of bridges to the sides;

c) In respect of road bridges and overpasses, width of land for bridge protection and maintenance shall be at least 3 m in case of special class, class I, class II bridges; 2 m in case of class III bridges; 1 m in case of class IV bridges and shall be determined from the outermost point of foundation of piers, abutments, structural elements of bridges to the sides;

d) In respect of sewers that run across the roads, width of land for sewer protection and maintenance shall be at least 3 m in case of sewers of expressways, class I, class II roads; 2 m in case of class III roads; 1 m in case of sewers class IV, class V, class VI roads, grade A, grade B, grade C, grade D roads and other roads and shall be determined from the outermost point of sewer structures;

dd) In respect of cases that are not mentioned under Point a, Point b, Point c, and Point d of this Clause, land for road protection and maintenance shall be located outside of road shoulder and at least 1 m away from road shoulder.

2. Land for protection and maintenance of urban roads shall be determined in accordance with Clause 2 Article 14 of the Law on Road.

3. In respect of roads overlapping or intersecting, land for road protection and maintenance shall be determined in accordance with Clause 3, Clause 4, and Clause 5 Article 14 of the Law on Road.

4. Land for tunnel protection and maintenance shall be determined as follows:

a) Land for protection and maintenance of tunnel entrances shall be boundaries of slopes at tunnel entrances and shall be at least 3 m from the outermost point of structural elements of tunnels;

b) Width of land for protection and maintenance of tunnels laterally shall equal lateral width of tunnel reinforcement plus 3 m in case of special class, class I, class II tunnels; 2 m in case of class III tunnels, 1 m in case of class IV tunnels and shall not be lower than the width determined via Point a of this Clause;

c) Width of land for protection and maintenance of tunnel approaches, squares, and auxiliary structures outside of tunnel entrances shall be determine from the outermost point of these structures and shall be determined in accordance with Point a Clause 1 of this Article;

d) Land for protection and maintenance of tunnel ventilation openings and other auxiliary tunnel structures shall be determined from the outermost point of these work items to the sides according to design and shall not be lower than 3 m.

5. Land for protection and maintenance of ferry stations, pontoon bridges, embankment structures, and walls shall be determined as follows:

a) Width of land for protection and maintenance of ferry stations shall be at least 5 m in case of special class, class I ferry stations; 4 m in case of class II, class III ferry stations; 3 m in case of class IV ferry stations and shall be determined from the outermost point of approaches of ferry station or ferry stations;

b) Width of land for protection and maintenance of pontoons shall be at least 3 m in case of class I pontoons; 2 m in case of class II and class III pontoons; 1 m in case of class IV pontoons and shall be determined from the outermost point of approaches of pontoons and of pontoons to the sides;

c) Width of land for protection and maintenance of approaches of ferry stations and pontoons shall be determined in accordance with Point a Clause 1 of this Article;

d) Width of land for protection and maintenance of embankments and walls shall be at least 2 m from the outermost point of foundation or structural elements of embankments and walls to the sides.

6. Where roads overlap inland waterway, land for road protection and maintenance shall be determined by boundaries between road structures and inland waterway structures.

Article 11. Road margin

1. In respect of roads outside of cities, width of road margin shall be determined from the outermost point of land for road protection and maintenance to the sides and shall be: 17 m in case of expressways, class I, class II roads; 13 m in case of class III roads; 9 m in case of class IV and class V roads; 4 m in case of class VI, grade A, grade B, grade C, grade D roads.

2. Width of road margin in bridge vicinity (between bridge abutments) and bridge approaches shall be determined as follows:

a) In respect of road bridges outside of cities, margin width of road bridges shall be determined from the outermost point of land for bridge protection and maintenance to the sides and shall be: 150 m in case of bridges greater than 300 m in length; 100 m in case of bridges 60 m to 300 m in length; 50 m in case of bridges 20 m to less than 60 m in length; 20 m in case of bridges less than 20 m in length.

In respect of road bridges that are parts of approaches of main bridges greater than 300 m in length, width of margin determined from land for protection and maintenance to the sides hall not be lower than 50 m;

Where road bridges (including railway overpasses, overpasses, elevated bridges parallel to other roads, other road bridges, and bridge sections that are approaches and outside of embankments in respect of stream-crossing bridges) on roads outside of cities: width of road margin shall be determined in accordance with Clause 1 of this Article;

b) In respect of bridges on urban roads, road margin of bridge sections on land, including sections on infrequently flooded land and sections that cross streams, canals, channels without waterway transport shall be determined from the outermost point of land for bridge protection and maintenance to the sides by 7 m; bridge approaches shall be considered urban road margin; remaining bridge sections shall be determined in accordance with Point a of this Clause;

c) Where bridge approaches according to design cannot be identified, bridge approaches shall be determined as the distance to bridge abutments of: 50 m in case of bridges 60 m in length or 30 m in case of bridges less than 60 m in length.

3. Width of margin in tunnels shall be determined as follows:

a) In respect of tunnels outside of cities, road margin that is land or waters surrounding tunnel entrance shall be 100 m from the outermost point of land for tunnel protection and maintenance;

b) In respect of tunnels in cities, road margin shall be determined by design counseling entities under design dossiers on the basis of tunnel safety and approved by competent authorities.

4. Width of margin of ferry stations and pontoons shall be determined as follows:

a) Longitudinally: the length of approach of ferry stations and pontoons;

b) Laterally: 150 m from the centerline of ferry stations and pontoons upstream and downstream.

5. Width of margin of embankments and walls shall be:

a) 50 m from the start of walls and embankments upstream and downstream; 20 m from the bottom of embankments and walls towards the rivers in respect of embankments and walls preventing erosion of road base;

b) 100 m from the bottom of embankments and walls upstream and downstream; 50 m from the edge of walls and embankments towards the shore; 20 m from the bottom of embankments and walls towards the rivers in respect of walls and embankments serving river training;

c) Compliant with road margin under Clause 1 of this Article in respect of embankments and walls not mentioned under Point a and Point b of this Clause.

6. Margin of transverse sewers shall be determined in accordance with road margin under Clause 1 and Point b Clause 1 Article 15 of the Law on Road.

Article 12. Vertical restriction of power line above road

Vertical restriction of power line above road shall conform to Clause 5 Article 17 of the Law on Road.

Article 13. Approval of location, scale, size, construction plans, traffic safety assurance, construction safety assurance for advertising panels, motivational panels, political propaganda panels built in separation distance of road infrastructures

1. For the purpose of ensuring traffic safety, safety of road structures and adjacent structures, construction and installation of advertising panel pillars and foundation thereof within separation distance of road infrastructures:

a) Shall not be conducted on road infrastructures; shall be at least 1 m away from foundation and outermost points of catch water drains, walls, traffic safety structures, infrastructures built within road margin;

b) Shall not be conducted within road margin and land for road protection and maintenance where ferries are anchored, pontoons, draw bridges are located;

c) Shall not be conducted at such location that they will obscure existing monuments, statues, other advertising panels, motivational panels, political propaganda panels on separation distance of road infrastructures.

2. Size of advertising panels must not: affect or obscure road traffic signs; obscure visibility of vehicle operators participating in traffic; obstruct operation, use, maintenance of road infrastructures; obscure existing statues, monuments, advertising panels, motivational panels, political propaganda panels within separation distance of road infrastructures. The underside of advertising panels shall be at least 2 m from the ground.

3. In respect of advertising panels built on separation distance of road infrastructures, minimum lateral distance from the outermost point of road surface to the nearest point of advertising panels shall equal 1,1 times the height of the panels (which is determined from the bottom of the pillars to the highest points of the panels).

4. Advertising panels, motivational panels, and political propaganda panels shall be constructed in a manner compliant with national technical regulations on outdoor advertising means.

Article 14. Construction, placement, and operation of infrastructures within separation distance of road infrastructures

1. Structures under Clause 1 Article 19 of the Law on Road (hereinafter referred to as “infrastructures”) shall, for the purpose of construction and installation within separation distance of road infrastructures, adhere to provisions below:

a) Investment projects or economic-technical reports, infrastructure design, construction, installation reports shall be developed, appraised, and approved in accordance with construction laws;

b) Road traffic safety shall be appraised and inspected in respect of railways, tramways intersecting or parallel to roads.

2. Pipes carrying combustible gas, combustible substances must not be installed in tunnels; high-voltage power lines must not be installed on road bridges in accordance with electricity laws unless specific work items are implemented to accommodate high-voltage power lines in which case electrical safety and fire safety requirements are met and power cut is implemented at request of management and use personnel of roads for management, operation, use, maintenance, renovation, and upgrade of road bridges.

3. Project developers of infrastructure construction and installation projects are responsible for restoring affected road infrastructures so that:

a) Restored road infrastructures shall be designed, built, commissioned, and maintained in a manner compliant with construction laws, regulation and standard laws;

b) Size, quality, technical requirements of restored road infrastructures shall not be inferior to those of the road infrastructures prior to construction and installation.

Article 15. Construction and installation of technical infrastructures used with roads

1. Investment in construction of technical infrastructures used with roads conducted in tandem with investment in construction or road structures consist of cases detailed under Point a, Point b, and Point c Clause 3 Article 20 of the Law on Road and cases below:

a) Investment projects for construction of urban infrastructures, industrial parks, export-processing zones, economic zones, synchronous infrastructure construction under other cases consisting of: construction of road structures, construction of technical infrastructures used with roads;

b) Other cases under relevant law provisions and cases decided by competent persons making investment decision of road structures and other structures.

2. Developers of road structure construction projects have the responsibility to:

a) develop and implement construction projects, including construction of technical infrastructures used with roads in respect of cases under Clause 1 of this Article;

b) publicize information on road structure construction projects and progress of road structure construction projects: publicize on road database system under Article 57 and Article 58 hereof; inform provincial media authorities to provide information for organizations and individuals that wish to request developers of road structure construction projects to permit construction, installation of technical infrastructures used with roads within range of road structure construction projects. Construction and installation costs for technical infrastructures used with roads and costs that arise as a result of these tasks shall be incurred by the applicants.

3. Construction and installation of technical infrastructures used with roads that have entered into operation shall conform to regulations on construction, installation, and operation of infrastructures within separation distance of road infrastructures in accordance with Article 14 hereof.

Article 16. Integration of other infrastructures with technical infrastructures used with roads

1. Where technical infrastructures used with roads are available, other infrastructures (telecommunication lines, communication lines, power lines, public lighting fixtures, water supply pipes, water drainage pipes, energy pipes) shall be integrated with the technical infrastructures used with roads, except for:

a) Integration of other technical infrastructures with technical infrastructures used with roads does not guarantee safety in operation and use;

b) Technical infrastructures used with roads have insufficient size, dimensions, load capacity, or space to accommodate other infrastructures;

c) Safety in operation and use of road structures, infrastructures, and technical infrastructures used with roads;

d) Cases detailed under Clause 2 Article 14 hereof occur.

2. Organizations and individuals that wish to install infrastructures shall negotiate and sign contracts with owners or authorized management and use personnel of technical infrastructures used with roads.

3. Organizations and individuals are responsible for affixing identifiers to infrastructures under their ownership upon integrated with technical infrastructures used with roads. Identifiers of these infrastructures include:

a) In respect of energy supply pipes, water supply and drainage pipes, identifiers consist of: full or abbreviated name of owners, symbols, color, and other necessary information printed or painted directly onto outer shells of pipes or written on tags attached to pipe exterior;

b) In respect of wires and lines, identifiers depict color of the wires and lines together with tags containing identification of owners and other necessary information and attached to the wires and lines.

4. For the purpose of safety in operation use, owners and management and use personnel of technical infrastructures used with roads must seek feedback from management and use personnel of road before integrating the following structures to technical infrastructures used with roads:

a) Pipes carrying combustible gas, fuel, chemicals;

b) Power lines;

c) Water supply and drainage pipes;

d) Cases where load-bearing safety or operational safety in use of road structures is affected;

dd) Cases where regulations of fire prevention and firefighting laws apply;

e) Cases where technical infrastructures used with roads are installed on low load-capability bridges or bridges under repair.

Article 17. Application for approval of location, scale, size, and construction plans of advertising panels, motivational panels, political propaganda panels; approval of construction and installation of infrastructures, technical infrastructures used with roads in separation distance of road infrastructures; approval of fortification of road infrastructures when necessary to accommodate operation of oversized, overweight vehicles and tracked vehicles

1. Composition of application for approval of location, scale, size of advertising panels, motivational panels, political propaganda panels, construction and installation of infrastructures, technical infrastructures used with roads in separation distance of road infrastructures, including:

a) Written application (original copies) using Form No. 1 under Appendix III attached hereto;

b) Presentation of construction, installation design and location of advertising panels, motivational panels, political propaganda panels, and technical infrastructures used with roads in separation distance of road infrastructures.

In respect of structures attached to bridges, tunnels, structures, work items of road that serve load-bearing functionality, calculation of load-bearing capability of the structures against load and wind load shall be made upon stalling these structures onto road structures;

c) Design drawings, including drawings of general layout, longitudinal section, cross section, and detail design drawings depicting: scale, size, area, detail design of structures for which approval is requested; location of structures requested for which approval is requested; distance from exterior of the structures to exterior of road surface, road centerline, depth of structure to road surface and distance to bridges, sewers, and tunnels related to structures for which approval is requested.

In respect of motivational panels, political propaganda panels, infrastructures, and technical infrastructures used with roads installed or built within central dividers of roads, information pertaining to the distance from motivational panels, political propaganda panels, and other structures to: surface of central dividers, edge of central dividers;

d) Design drawings of structure and construction plans for restoring affected road structures;

dd) In respect of advertisement panels built, installed in road margin, construction plans so developed to maintain traffic safety and safety to road structures and adjacent structures;

e) Either original copies or certified true copies of documents under Points b, c, d, and dd of this Clause: 1 of each.

2. In respect of construction of power lines of 35 kV voltage or lower, communication lines, telecommunication lines and fortification of road structures (where necessary to accommodate oversized vehicles, overweight vehicles, and tracked vehicles), except for cases where licensing is not required as per Clause 3 Article 32 of the Law on Road and cases where application for construction and fortification approval is simultaneous with application for construction permit of structures on active roads. The application consists of: written application (original copies) and construction permit on active roads using Form No. 2 under Appendix III attached hereto and documents under Points b, c, d, and e Clause 1 of this Article and construction plans, traffic arrangement plans.

Article 18. Procedures for application and approval of location, scale, size, construction plans of advertising panels, motivational panels, political propaganda; approval of construction and approval infrastructures, technical infrastructures used with roads in separation distance of road infrastructures; approval of construction and fortification simultaneous with application for construction permit on active roads

1. Organizations and individuals applying for approval of location, scale, size, construction plans of advertising panels, motivational panels, political propaganda; approval of construction and approval infrastructures, technical infrastructures used with roads in separation distance of road infrastructures; approval of construction and fortification simultaneously with application for construction permit on active roads shall submit applications under Article 17 hereof to competent authorities under Clause 2 of this Article either in person, or via post service or online via public service portal.

2. Entitlement of administrative procedure processing

a) In respect of national highways under Clause 3 Article 8 of the Law on Road except for cases detailed under Clause 2 Article 17 hereof and Point d of this Clause, the Department for Roads of Vietnam shall be in charge of in respect of expressways, tunnels, infrastructures that travel through at least 2 provinces, infrastructures that require fortification upon installing on bridges, where digging, drilling, splitting class III national highways or higher, and infrastructures is required at request of military authorities or police authorities except for cases where approval of construction and fortification is simultaneous with issuance of construction permit on active roads; Sub-department for Roads of Vietnam shall be in charge of for remaining cases under their management;

b) Departments of Transport shall be in charge of: national highways under Clause 4 Article 9 of the Law on Road and Clause 1 Article 4, Clause 1 Article 5, Clause 1 Article 6 hereof; other roads under their management, except for those under Point d of this Clause, except for cases detailed under Point d of this Clause;

c) District People’s Committees and communes People’s Committees shall be in charge of for roads under their management, except for cases detailed in Point d of this Clause;

d) Departments of Construction shall be in charge of road infrastructures in cities under their management.

3. Competent authorities that receive, examine, and process application:

a) In respect of in-person application, where application is adequate, receiving authorities shall accept and issue notice of result return; where application is inadequate, receiving authorities shall guide applicants to revise the applications;

b) In respect of indirect application, within 2 working days from the date on which application is submitted, receiving authorities shall examine components of the application and, where the application is inadequate, guide the applicants in writing to revise;

c) Within 7 working days from the date on which adequate application is submitted, receiving authorities shall evaluate the applications and issue written approval for location, scale, size, construction and traffic arrangement plans for advertising panels, motivational panels, political propaganda panels using Form No. 3 under Appendix III attached hereto; written approval for construction, installation of infrastructures, technical infrastructures used with roads in separation distance of active road infrastructures using Form No. 4 under Appendix III attached hereto; written approval for construction and fortification simultaneous with issuance of construction permit on active roads using Form No. 5 under Appendix III attached hereto. In case of rejection, receiving authorities shall issue written response stating reason for rejection.

4. Where structure owners have not commenced construction or have not finished application for construction permit within 24 months from the date on which written approval for location, scale, size, traffic arrangement of advertising panels, motivational panels, political propaganda panels, approval for construction, installation of infrastructures and technical infrastructures used with roads in separation distance of active road infrastructures is issued, the applicants shall re-submit application for approval of construction and installation.

Where structure owners have not commenced construction or have not finished application for construction permit within 24 months from the date on which written approval for construction and installation simultaneous with issuance of construction permit for infrastructures in separation distance of active road infrastructures, structure owners shall re-submit application for approval of construction and installation.

Article 19. Management, operation, utilization, and maintenance of technical structures used with roads

1. Management, operation, utilization, and maintenance of technical infrastructures used with roads shall conform to Clause 4 Article 20, Article 35, Article 36, and Article 37 of the Law on Road, fire prevention and firefighting laws, construction maintenance laws, relevant law provisions, and this Decree.

2. Costs for management, operation, utilization, and maintenance of technical infrastructures used with roads, other parts attaching structures to road bridges, cable ducts, trenches, technical tunnels in tunnels under Clause 3 Article 20 of the Law on Road shall conform to principles defined under Point dd Clause 4 Article 20 of the Law on Road.

3. Owners or management and use personnel of infrastructures integrated with technical infrastructures used with roads shall be responsible for costs and implementation of management and maintenance of these infrastructures unless otherwise specified under installation contracts.

4. Owners, management and use personnel of technical infrastructures used with roads, management and use personnel of roads, other organizations and individuals shall rely on identifiers under Clause 3 Article 16 hereof to promptly request owners or management and use personnel of infrastructures to repair any damage and provide information for cooperation in management, operation, use, and maintenance of infrastructures installed in technical infrastructures used with roads and assurance of safe, effective operation of these structures.

Article 20. Protecting road infrastructures

Protection of road infrastructures shall conform to Article 21 of the Law on Road, other relevant law provisions, and provisions below:

1. Actions taken to maintain road infrastructure safety, safety in operation and use of road infrastructures and extend useful life of road infrastructures include:

a) Conducting inspection, maintenance, periodic and irregular repair, quality control, structural monitoring, and safety evaluation for road infrastructures. Details of inspection, maintenance, periodic and irregular repair, quality control, structural monitoring, and safety evaluation of road infrastructures shall conform to Article 35 of the Law on Road, regulations of the Minister of Transport on management, operation, use, maintenance, and protection of road infrastructures and construction laws;

b) Conducting road patrol, road inspection to monitor road infrastructure conditions; detect and take actions against damage and degradation of road infrastructures;

c) Handling road infrastructures unsafe for operation and use; handling road infrastructures with expired useful life in accordance with construction laws; decision on operational, use suspension in case road structures and road traffic do not meet safety conditions;

d) Adopting natural disaster preparedness, prevention, and remediation in respect of road infrastructures;

dd) Operating road infrastructures for transport purposes in accordance with the Law on Road, Law on Road Traffic Order and Safety, and other relevant law provisions.

2. Actions for preventing, deterring, dealing with prohibited actions under Clauses 1, 2, 3, and 4 Article 7 hereof and Point b Clause 1 Article 21 of the Law on Road and provisions below:

a) Inspecting vehicle load at vehicle load control structures;

b) Conducting road patrol and road inspection to detect and prevent construction of unlawful structures on road and within separation distance of road infrastructures; unlawful connection to roads; encroachment, appropriation, unlawful use of land of road, road margin, and other violations pertaining to road infrastructures;

c) Operating, using, transferring, leasing road infrastructures in a manner violating the Law on Road, regulations of the law on management and use of public assets and construction laws;

d) Identifying and publicizing markers of road margin, land for which compensation and expropriation have been implemented;

In respect of investment projects for road construction or upgrade and renovation, markers of road margin shall be determined by road scale under approved planning and planted during investment stage;

dd) Publicizing policies and regulations of the law pertaining to road infrastructure protection.

3. The Ministry of Transport shall protect road infrastructures under Clause 1 and Clause 2 of this Article in respect of national highways under Clause 3 Article 8 of the Law on Road and other road infrastructures under their management.

4. Department for Roads of Vietnam is responsible for facilitating protection of road infrastructures under Clause 3 of this Article.

5. Provincial People’s Committees shall facilitate protection of road infrastructures under Clause 1 and Clause 2 of this Article in respect of national highways under Clause 4 Article 8 of the Law on Road, Clause 1 Article 4, Clause 1 Article 5, Clause 1 Article 6 hereof, provincial roads, and other road infrastructures under their management.

6. Departments of Transport are responsible for facilitating protection of road infrastructures under Clause 5 of this Article.

7. People’s Committees of districts and People’s Committees shall facilitate protection of road infrastructures under Clause 1 and Clause 2 of this Article in respect of road infrastructures under their management.

8. Management and use personnel of roads shall facilitate protection of road infrastructures in respect of road infrastructures under their management; develop and provide drawings of layout and location of active markers of road margin for People’s Committees of communes in order to publicly post at headquarters of People’s Committees of communes where relevant roads are located.

9. Developers of road construction investment projects shall develop and provide drawings of layout and location of markers of road margin within the project scope to publicly post at headquarters of People’s Committees of communes where the projects are located.

Article 21. Temporary use of roadway and pavement for other purposes

1. Temporary use of roadway and pavement for other purposes includes:

a) Serving: political activities, cultural and sports activities; natural disaster preparedness and remediation; rescue; fire prevention and firefighting; rescue; epidemic prevention and control;

b) Serving construction process;

c) Serving consolidation and collection of wastes and construction materials;

d) Accommodating funeral;

dd) Accommodating wedding;

e) Accommodating vehicle detention or parking when necessary;

g) In respect of cases where roadway is used in other purposes, regulations under Point c, Point d, Point dd, and Point e Clause 1 of this Article shall only be allowed on district roads, commune roads, hamlet roads, specialized roads, urban roads excluding urban major roads in accordance with national technical regulations on urban roads;

h) Roadway and pavement of expressways and national highways shall not be used for purposes detailed under Point c, Point d, Point dd, and Point e of this Clause.

2. The use of roadway and pavement for other purposes shall only be implemented where traffic arrangement plans are adopted so as to prevent congestion at relevant roadway and pavement sections or channelization plans which divert from roadway and traffic sections temporarily occupied and where provisions under Point a, Point b Clause 3 Article 77 of the Law on Road Traffic Order and Safety.

3. Application for use of roadway and pavement for other purposes consists of:

a) Written application using Form No. 1 under Appendix IV attached hereto:

b) Plans for temporary use of roadway and pavement for other purposes, traffic arrangement plans (original copies or certified true copies) under Clause 2 of this Article;

c) Number of application: 1 set.

4. Organizations and individuals temporarily using roadway and pavement for other purposes shall submit application in person or via post service or online via public service portal to competent authorities under Clause 5 of this Article.

5. Entitlement to granting permission for temporary use of roadway and pavement for other purposes

a) Sub-department for Roads of Vietnam shall grant permission for national highways under their management, except for those under Point d of this Clause;

b) Departments of Transport shall grant permission for roads under their management, except for those under Point d of this Clause;

c) District People’s Committees and communes People’s Committees shall grant permission for roads under their management, except for those under Point d of this Clause;

d) Departments of Construction shall grant permission for roads in cities under their management.

6. Competent authorities under Clause 5 of this Article shall receive, examine application and:

b) In respect of indirect application, receiving authorities shall inspect the application and, in case of inadequate application, request the applicants to revise in the same day in case of funeral or within 2 working days in other cases;

c) Receiving authorities shall inspect compliance with conditions under Clause 1 Article 77 of the Law on Road Traffic Order and Safety, Clause 1, Clause 2, Clause 3 of this Article within 1 day in case of funeral or up to 5 working days in other cases and issue permit for temporary use of roadway and pavement for other purposes. Written permission uses Form No. 2 under Appendix IV attached hereto. Where application is rejected, receiving authorities must respond in writing and state reasons for rejection.

7. Authorities permitting temporary use of roadway and pavement for other purposes have the responsibility to:

a) send written permission for temporary use of roadway and pavement for other purposes to traffic police or police authorities tasked with maintaining traffic order and safety;

b) guide, inspect, and handle organizations, individuals using roadway and pavement for other purposes in terms of: traffic assurance and safety; management and use of road infrastructures; penalties for administrative violations;

c) cooperate with traffic police, police authorities tasked with maintaining traffic order and safety, People’s Committees of districts, People’s Committees of communes, and management and use personnel of roads in maintaining traffic safety and conducting other necessary tasks.

8. Organizations and individuals using roadway and pavement for other purposes have the responsibility to:

a) adhere to permit for temporary use of roadway and pavement for other purposes and plans for temporary use of roadway and pavement for other purposes; exercise Clause 2 and Point b Clause 3 Article 77 of the Law on Road Traffic Order and Safety;

b) temporarily use roadway and pavement for the right purposes and within temporary use period permitted by competent authorities;

c) comply with request of traffic police, police forces working in the area; maintain road traffic order and safety; implement traffic arrangement plans of traffic police and other police authorities; promptly take actions against issues that arise to maintain safety for people, vehicles, and road users;

d) carry out tasks and solutions to maintain fire safety, protect the environment in accordance with fire prevention and firefighting laws, environmental protection laws, construction laws, and other relevant law provisions;

dd) restore roadway and pavement conditions after use; compensate for damage done to road infrastructures.

9. Upon expiry of use permission, organizations and individuals that wish to continue the use shall re-apply in accordance with Clause 3, Clause 4, and Clause 5 of this Article.

Chapter IV

TRAFFIC ARRANGEMENT, ROAD TRAFFIC CONNECTION

Section 1. TRAFFIC ARRANGEMENT

Article 22. Details of road traffic arrangement in planning phase

1. Road traffic arrangement in road network planning stage consists of:

a) Evaluation of road transport demand during planning period and identification of road routes and scale in planning;

b) Road connection between socio-economic zones, city areas, zones and rural areas; connection to transportation links: airports, aerodromes, sea ports, inland waterway ports, railway stations, coach stations, parking lots, economic zones, export-processing zones, industrial parks, other areas and locations.

2. Traffic arrangement in road infrastructure planning stage consists of:

a) Clause 1 of this Article;

b) Identification basic routes and intersections between major roads and other roads in planning; connection between road transport and other modes of transport.

Article 23. Road traffic arrangement in preparation of investment projects for road structure construction and design and before operation of built roads

1. Road traffic arrangement in preparation, appraisal, and approval of investment projects includes:

a) Identification of goals of road traffic of the projects, compliance with approved planning, and fulfillment of road transport demands;

b) Identification of size, quantity, and arrangement of junctions connecting roads in the projects to local roads;

c) Identification of primary investment and construction plans for auxiliary structures attached to roads, vehicles and equipment for management, operation, use of roads; traffic safety structures; arrangement plan of road signals, lighting, smart traffic management system, traffic management and coordination center for expressways.

2. Traffic arrangement in road structure design stage, consisting of Clause 2 Article 25 of the Law on Road and detail design of road signals of individual roads and junctions must: conform to scale and technical indicators of structure, structural elements, and work items under investment and construction; conform to National Technical Regulations on Road Signals, detail design of auxiliary structures attached to roads, traffic safety structures, smart traffic management system, expressway management and coordination centers; identify name, scale, capacity, function of all equipment and instruments for road management, operation, and use.

3. Traffic arrangement before bringing structures into operation includes:

a) Developing and approving traffic arrangement plans for expressways in accordance with Point k Clause 2 Article 25 of the Law on Road;

b) Review traffic safety structures, road signals, and other structures serving road traffic arrangement relative to approved projects and design;

c) Amending design and construction dossiers in accordance with road traffic safety inspection and evaluation results and approved traffic arrangement; approving and installing additional road signals, traffic safety structures; approving other cases to enable safe, coherent traffic upon operation of road structures.

4. Project developers have the responsibility to:

a) organize implementation of Clause 1, Clause 2, and Clause 3 of this Article;

b) Consult local traffic police authority about: expressway traffic arrangement prior to submission for approval; implementation of traffic arrangement prior to operation of class I, class II roads, major urban roads, bridges and tunnels of special class, class I, class II roads;

c) transfer traffic lights to local traffic police authority for operation.

Article 24. Road traffic arrangement during management, operation, and use of road structures

1. Traffic arrangement in management, operation, and use of road structures consists of tasks under Clause 2, Clause 4 Article 25 of the Law on Road and the following operations:

a) Monitoring and evaluating local traffic situations; identifying: locations of frequent traffic accidents, potential traffic accidents, traffic arrangement issues, traffic congestion; counting types of motor vehicles and specialized vehicles participating in traffic;

b) Adjusting road traffic, dealing with issues under Point a of this Clause to rectify loss of traffic safety and traffic congestion during road operation and use;

c) Adjusting and installing additional road signals and road traffic safety structures appropriate to traffic arrangement under Point b of this Clause.

2. The Ministry of Transport and provincial People’s Committees shall organize traffic arrangement for roads under their management; guide and inspect agencies and organizations under Clause 3 and Clause 4 of this Article.

From February 15, 2025: motorized four-wheeled passenger vehicles shall only be operated on roads where a speed limit of 30 km/h is imposed on all vehicles; motorized four-wheeled cargo vehicles shall only be operated on roads where a speed limit of 50 km/h is imposed on all vehicles. Provincial People’s Committees shall be responsible for inspecting, supervising schedule, time, and scope of operation of motorized four-wheeled vehicles as per the law.

3. Department for Roads of Vietnam, Departments of Transport, People’s Committees of districts, People’s Committees of communes have the responsibility to:

a) directly implement Clause 1 of this Article in respect of roads under their management;

b) cooperate and consult traffic police authority assigned to control road traffic in dealing with traffic arrangement issues, traffic congestions on expressways, class I roads, class II roads, urban major roads, bridges and tunnels of special class, class I, class II roads, and when necessary;

c) implement approved expressway arrangement plans;

d) guide and inspect implementation of Clause 4 of this Article by management and use personnel of roads; request remediation of traffic arrangement; take actions or request competent authorities to take actions against violations pertaining to traffic arrangement.

4. Management and use personnel of roads, in respect of roads under their management, shall:

a) conduct tasks under Clause 1 of this Article;

b) implement approved expressway arrangement plans;

c) transfer traffic lights to local traffic police for operation and use (other than traffic lights transferred by developers of road structure construction projects according to Point c Clause 4 Article 23 hereof); carry out maintenance of traffic lights under their management.

5. Agencies and organizations under Clause 3 of this Article shall be responsible for implementing traffic arrangement on specialized roads during use or deciding to use specialized roads for public transport.

Article 25. Traffic arrangement on active roads with construction activities

1. Traffic arrangement on active roads with construction activities, including:

a) Construction on active roads in accordance with Clause 1 Article 32 of the Law on Road;

b) Construction of renovated, upgraded, expanded structures under road structure construction projects; construction of other roads intersecting the active roads; reinforcement of road structures when necessary to accommodate oversize vehicles, overweight vehicles, tracked vehicles, vehicles carrying oversize, overweight cargoes on roads; construction of junctions connected to active roads.

2. Traffic arrangement measures of active roads include:

a) Producing drawing design dossiers of layout, longitudinal section, cross section of structures, and other drawings depicting: scope of traffic arrangement and adjacent areas; roadway on which vehicles are operated in individual direction of travel, use of bypasses, detours, temporary bridges for traffic purposes; width of roadway and lane for traffic purposes; detour plan to avoid construction sites; structures and work items needing repair, reinforcement, structures to be restored following construction works on active roads, and other necessary details; enclosed with presentation of traffic arrangement solutions in case of construction works on active roads which contains: traffic and channelization solutions in individual directions of travel on roads with construction activities; channelization solutions applicable to vehicle, some vehicles, or all vehicles and road users on other roads during construction of active roads; duration of traffic arrangement;

b) Revising and installing additional road signals; revising and installing additional traffic safety structures, traffic lights, street lights; assigning traffic enforcement personnel (if any);

c) Deciding duration of traffic arrangement and channelization.

3. Developers of construction projects in range of active roads shall be responsible for expenditure and implementation of traffic arrangement on the active roads under Clause 2 of this Article from the date on which they receive land transferred from management and use personnel of roads to the date on which construction activities on active roads conclude; inspecting and supervising implementation of Clause 4 of this Article and relevant provisions of the law of construction contractors.

4. Construction contractors on active roads shall

a) carry out construction activities on active roads in accordance with the Law on Road, this Decree, and contracts signed with project developers;

b) implement traffic arrangement solutions during construction in order to maintain safe and coherent traffic throughout construction period;

c) comply with permit for construction on active roads.

5. Road authorities, management and use personnel of roads shall inspect and monitor compliance with Clause 2, Clause 3, and Clause 4 of this Article; temporarily suspend and revoke permit for construction on active roads, and take actions against organizations and individuals violating traffic arrangement laws on active roads within their power or request competent authorities to take actions.

Article 26. Developing, appraising, approving traffic arrangement solutions prior to operation of expressways, approving amendment, addition to traffic arrangement of expressways

1. Responsibility to develop expressway traffic arrangement solution

a) In respect of expressway construction projects, project developers shall develop traffic arrangement solutions and request authorities under Clause 2 of this Article to approve prior to operation of expressways;

b) In respect of active expressways of which traffic arrangement solutions need adjustment for traffic order and safety, compliance with active road infrastructures, flow, load, and types of vehicles operating on the roads, management and use personnel of expressways shall develop and submit revised traffic arrangement solutions to authorities under Clause 2 of this Article for approval.

2. Entitlement to approval of expressway traffic arrangement solutions

a) Department for Roads of Vietnam shall appraise, approve expressway traffic arrangement solutions prior to operation of expressways; appraise, approve revised expressway traffic arrangement solutions during operation of expressways in respect of: expressways under management of the Ministry of Transport; expressways the PPP contracts for construction of which are signed by the Ministry of Transport; expressways delegated to state-owned enterprises by the Government for construction, management, operation;

b) Provincial People’s Committees shall appraise, approve (or decentralize the power to appraise, approve) expressway traffic arrangement solutions prior to operation of expressways; revise expressway traffic arrangement during operation of expressways, except for cases under Point a of this Clause.

3. Application for approval of traffic arrangement solutions before expressway operation and revised traffic arrangement solutions during expressway operation shall be submitted in-person, via post service, or via public service portal to competent authorities under Clause 2 of this Article. Application consists of:

a) Written application (original copies) using Form No. 1 under Appendix V attached hereto;

b) Expressway traffic arrangement solutions before operation, revised expressway traffic arrangement during operation (original copies or certified true copies);

c) Number of application: 1 set.

4. Competent authorities under Clause 2 of this Article shall receive, examine application and:

c) Within 15 working days from the date on which competent authorities receive adequate applications, competent authorities shall appraise traffic arrangement solutions and revised traffic arrangement solutions and issue approval decision using Form No. 2 under Appendix V attached hereto. Where the application is rejected, competent authorities must respond in writing and state reasons.

5. Expenditure on developing traffic arrangement solutions shall be calculated in counseling and design expenditure in expressway construction and investment; expenditure on survey and development of revised traffic arrangement solutions for active expressways shall be calculated in expressway management, operation, and maintenance expenditure.

6. In respect of investment in construction of expressways connected to active expressways, prior to approval of traffic arrangement solutions of expressway construction projects, the following provisions must be implemented:

a) Competent authorities shall consult management and use personnel of active expressways pertaining to traffic arrangement at junctions between expressways under construction and active expressways; cooperation in vehicle load control and collection of expressway use charges;

b) Within 7 working days from the date on which management and use personnel of active expressways, management and use personnel of active expressways shall respond to applicants in writing.

Section 2. TRAFFIC CONNECTIVITY AND ROAD CONNECTION

Article 27. Traffic connection of roads

1. Location of junctions connecting roads which have been identified under road network planning, road infrastructure planning, traffic network development solutions under regional planning, provincial planning, international traffic network, urban-level primary traffic network in urban planning, primary traffic network in other planning approved by competent authorities shall not be required to conform to Article 29 hereof. Where national technical regulations prescribe separation distance between junctions, such provisions must be respected.

2. Junction locations are designed and built to technical regulations and standards; appropriate to technical grade and capable of ensuring traffic safety and travel capacity.

3. Investment projects for construction, renovation, upgrade, and expansion of active roads (hereinafter referred to as “road construction projects”) shall include construction of collector roads, frontage roads, and side roads as follows:

a) Frontage roads shall be adjacent to main roads in accordance with Clause 6 Article 28 of the Law on Road and Point b, Point c of this Clause;

b) Where road construction projects travel through existing facilities according to Clause 3 Article 9 of the Law on Road which must not be connected directly to roads under these projects, collector roads, frontage roads, and side roads must be constructed so that vehicles exiting these facilities will go through collector roads, frontage roads before entering junctions with road construction projects or go through collector roads, frontage roads before entering side roads and then road construction projects;

c) Construction of collector roads, frontage roads, and side roads in road construction projects for traffic order and safety or socio-economic development, national defense and security is required.

4. Connection of existing active roads to road construction projects shall be implemented as follows:

a) Existing active roads shall be connected to road construction projects via collector roads, frontage roads, and side roads in accordance with Clause 3 of this Article;

b) Other than cases detailed under Point a of this Clause, existing active roads shall be connected to road construction projects if the existing active roads: are under the same management authority or higher management authority; or satisfy Clause 1 of this Article; or satisfy separation distance between junctions under technical regulations, standards, Clause 1 Article 29 hereof;

c) Where direct connection of existing active roads to road construction projects does not satisfy traffic order and safety, the connection shall be made via existing collector roads, frontage roads, and side roads;

d) Construction or renovation of junctions under Point b of this Clause and junctions connected to road construction projects under Point a and Point c of this Clause shall be included in road construction projects.

5. Construction of collector roads and frontage roads of active main roads:

a) Owners and management personnel of specialized roads shall construct collector roads, frontage roads within their power is collector roads and frontage roads are necessary for specialized road order and safety;

b) Project developers of industrial parks, export-processing zones, economic zones, urban areas, manufacturing facilities, business establishments shall be responsible for construction of collector roads that go through their establishments and connect to internal road network unless existing collector roads or frontage roads satisfactory to design flow of industrial parks, export-processing zones, urban areas, manufacturing facilities, business establishments are available or unless collector roads are not required;

c) People’s Committees of all levels shall be responsible for collector roads and frontage roads in cases other than those detailed under Point a and Point b of this Clause in order to connect local traffic to main roads that travel through the area to maintain traffic order and safety, satisfy socio-economic development, and maintain national defense and security.

6. Traffic from residential zones, agencies, organizations, service establishments, manufacturing facilities, business establishments, and other areas shall be connected to expressways, national highways, and main roads that go through the area via collector roads, frontage roads, and side roads.

7. Where People’s Committees of all levels have not constructed frontage roads or collector roads at junctions that connect residential zones, agencies, organizations, service establishments, manufacturing facilities, business establishments, and other areas connected to national highways but not expressways and main roads that go through the area to accommodate traffic, existing junctions can be retained as long as traffic safety of the junction is guaranteed.

Article 28. Location of junctions between other roads and expressways

1. Location of junctions between other roads and expressways outside of cities shall be identified during development of construction investment projects in a manner compliant with road network planning, road infrastructure planning, regional and provincial planning.

2. Where additional junctions connecting other roads to expressways are built during construction or operation of expressways, in addition to Clause 1 of this Article, all requirements below must be met:

a) Roads that are proposed for connection to expressways are included under approved planning;

b) Separation distance and size of junctions shall conform to national technical regulations and standards on expressway design.

3. The Ministry of Transport and provincial People’s Committees shall approve the addition of junctions connected to expressways under their management in respect of cases detailed under Clause 2 of this Article.

4. Agencies and organizations requesting connection to expressways under Clause 2 of this Article shall submit application in-person, via post service, or via public service portal to competent authorities under Clause 3 of this Article. The application consists of:

a) Written application for connection to expressways (original copies) using Form No. 1 under Appendix VI attached hereto;

b) Original copies or certified true copies of: investment guidelines of junctions connecting other roads to expressways, design of junctions connected to expressways (if any).

5. Competent authorities under Clause 3 of this Article shall receive, examine application and:

c) Where relevant authorities must be consulted, competent authorities receiving the application shall consult within 2 working days from the date on which they receive adequate applications. Consulted agencies and organizations shall be responsible for responding to Ministry of Transport or provincial People’s Committees within 7 working days from the date on which they receive the request.

d) Within 7 working days from the date on which competent authorities receive application or 7 days from the date on which competent authorities receive feedback of consulted agencies (where consulting is required), competent authorities shall examine and issue written approval for junctions using Form No. 2 under Appendix VI attached hereto. In case of rejection, receiving authorities shall issue written response stating reason for rejection.

6. Connection of other urban roads to urban expressways shall be implemented when:

a) The roads connect urban expressways in accordance with urban construction planning, and other planning;

b) Such connection is implemented under approved construction projects for urban expressways.

7. In respect of main roads planned for transition into expressways, following the transition, previously connected roads shall now connect to the expressways via collector roads or frontage roads of the expressways or other roads before connecting to junctions of expressways.

Article 29. Connection to roads outside of planning

1. Except for cases detailed under Clause 1 Article 27 and cases detailed under Clause 1, Clause 2, Clause 6 Article 28 hereof, location of new junctions connected to national highways must satisfy separation distance below:

a) At least 2000 m in case of class I, class II roads;

b) At least 1500 m in case of class III roads;

c) At least 1000 m in case of class IV, class V, and class VI roads;

d) At least 1000 in case of class I, class II, class III roads; at most 500 m in other cases in respect of three-way junctions on national highways of at least 4 motor vehicle lanes with central dividers (which only allow vehicles on main roads to turn right into side roads, vehicles on side roads to turn right into main roads);

dd) Where national highway sections serving national defense and security purposes go through mountainous areas, steep slops, rivers, streams, canals, channels, embankments, dams, hydroelectricity structures, irrigation structures, historical heritage, cultural heritage, or important structures and where the construction of collector roads or frontage roads or side roads is not feasible, separation distances under Points a through d of this Clause can be reduced. In this case, competent persons entitled to approval of investment projects containing junctions and project developers of construction projects connecting junctions shall situate adequate traffic safety structures and road signals to maintain traffic order and safety at junctions and comply with Clause 2 Article 27 hereof.

2. Areas and establishments located in-between junctions under Clause 1 of this Article shall be connected to national highways via collector roads and compliant with Article 27 hereof.

3. Construction of at-grade junctions within range of approaches of road bridges, entrances of tunnels, pontoons, ferry stations, railway crossings, or horizontal curves whose radius is smaller than the minimum curve radius shall only be commenced for the purpose of national defense and security duties at request of competent national defense and security authorities and compliant with requirements below:

a) Clause 2 Article 27 hereof must be met;

b) Traffic safety structures and road signals are adequately installed;

c) Road traffic safety inspection and evaluation are carried out.

4. Where new junctions are built to replace existing junctions, separation distance from new junctions to other junctions must be guaranteed. Where new junctions enter into operation, replaced junctions must then be closed.

5. Provincial People’s Committees shall decide location of connection to active national highways in their provinces (except for national highways that are expressways) in respect of junctions not mentioned under Clause 1 Article 27 as long as Clause 2 Article 27 hereof is met and:

a) Consult road authority governing relevant national highways, traffic police authority exercising duties on relevant national highways, contracting authority, and management and use personnel of road about location, scale, and solutions for maintaining traffic order and safety in respect of national highways active during term of PPP contracts, contracts for transfer or lease of road infrastructure assets.

Consulted agencies and organizations are responsible for responding to provincial People’s Committees within 7 working days from the date on which they receive the request from provincial People’s Committees;

b) Evaluate impact on traffic order and safety upon connecting junctions to active national highways on the basis of: transport demand on side roads to be connected, current traffic volume on side roads; survey, examination, and prediction of traffic volume entering main roads from side roads, traffic volumes on main roads after junctions have been built; evaluation of size and technical conditions; geology, topography, geography, drainage conditions, and other infrastructures at potential location of junctions and side roads, acceleration/deceleration lanes in range of junctions, and structures to be restored (sidewalk, lighting electricity, protective walls, road signals); existing side roads, collector roads, frontage roads, and other road system in the area; existing junctions connected to main roads and functioning as general connection or demolished and construction of collector roads and frontage roads connecting existing junctions to new junctions;

c) Identify location of each junction; type of junction; size of side roads connected to main roads, construction of acceleration/deceleration lanes at each connected junction; traffic arrangement solutions appropriate to each junction; structures to be built in range of junctions, relocation of technical infrastructures, compensation for site preparation work, and restoration of road infrastructures of main roads and other road infrastructures affected in the process, resources for implementation.

6. Agencies and organizations requesting road connection under this Article shall submit application in-person, via post service, or via public service portal to competent authorities under Clause 5 of this Article. The application consists of:

a) Written application for connection to roads (original copies) using Form No. 1 under Appendix VI attached hereto;

b) Original copies or certified true copies of: investment guidelines of junctions connecting other roads to roads of which connection is applied, design of junctions connected to roads (if any);

c) Adequate documents to allow agencies to provide feedback in accordance with Point a, Point b, and Point c Clause 5 of this Article.

7. Administrative procedures for connection to roads shall conform to Clause 5 Article 28 hereof.

8. Provincial People’s Committees shall decide and organize connection to roads under their management. Existing junctions connected to national highways shall be closed if: replacing junctions are built; existing junctions do not meet traffic safety requirements; separation distance is not met.

Article 30. Responsibilities for organizing construction of junctions, closure of junctions

1. Construction of junctions connecting national highways and expressways under investment projects for construction, upgrade, renovation of national highways and expressways with other roads shall conform to road construction investment projects approved by competent authority and adhere to Clause 2 and Clause 4 Article 27 hereof, road laws, and construction laws.

2. People’s Committees of all levels have the responsibility to:

a) assign project developers to build junctions connecting side roads under their management to active main roads in accordance with construction laws, public investment laws, and PPP investment laws (except for cases detailed under Clause 1 Article 27, Clause 2 and Clause 6 Article 28 hereof and cases where investment projects are decided by Prime Minister, Ministers, heads of ministerial agencies, or superior People’s Committees);

b) examine whether implementation of project developers meets provisions provided under Article 27 hereof;

c) implement traffic arrangement in the area, on both sides of main roads leading to collector roads, frontage roads, and side roads before entering main roads;

d) close junctions of which alternative junctions have been built; junctions where traffic accidents are common, junctions where traffic accident risks are present and have not been rectified; junctions directly connecting headquarters of agencies, organizations, residential areas, residential buildings, manufacturing facilities, business establishments to main roads after collector roads, frontage roads, or side roads are built to channel traffic in these areas to main roads;

dd) take actions against violation in road network connection in accordance with the Law on Road and other relevant law provisions.

3. Developers of junction construction projects must, in addition to adhering to construction laws and investment laws, adhere to the Law on Road, Article 27 hereof, and provision below:

a) Comply with construction permit for junctions connected to active roads in accordance with road laws;

b) Maintain traffic safety, adopt traffic safety measures during construction of connecting junctions; restore road infrastructures affected by construction of connecting junctions;

c) Transfer sections of main roads that are parts of connecting junction and 1 set of as-built dossiers of junctions to management and use personnel of main roads to facilitate management, operation, use, and maintenance of junctions; transfer junctions to management and use personnel of main roads and 1 set of as-built dossiers to facilitate management, operation, use, and maintenance of junctions.

Where road infrastructures of main roads are not built or renovated when side roads are connected to the main roads, only side roads and as-built dossiers are transferred to management and use personnel of side roads;

d) Close existing junctions upon completion of construction of new alternative junctions.

4. Management and use personnel of side roads at junctions have the responsibility to:

a) manage, operate, use, maintain, and protect side road infrastructures at junctions in accordance with the Law on Road, this Decree, construction laws, and other relevant law provisions;

b) maintain traffic order and safety at junctions under their management;

c) close existing junctions upon completion of construction of alternative junctions;

d) cooperate with management and use personnel of main roads in connecting road traffic, adjusting traffic arrangement, revising, adding road signals, traffic safety structures to maintain traffic order and safety during operation of junctions.

5. Management and use personnel of main roads at junctions have the responsibility to:

a) manage, operate, use, maintain, and protect main road infrastructures at junctions in accordance with the Law on Road, this Decree, construction laws, and other relevant law provisions;

b) maintain traffic order and safety on main road at junctions;

c) cooperate with management and use personnel of side roads at junctions in connecting road traffic, revising traffic arrangement, revising, adding road signals, traffic safety structures to maintain traffic order and safety;

d) request management and use personnel of side roads to rectify any issues and problems that violate traffic safety during operation of junctions;

dd) request People’s Committees of all levels to build frontage roads, collector roads, and side roads to channel traffic on both sides into main roads via built junctions in accordance with Article 27 hereof and request closure of junctions in accordance with Point d Clause 2 of this Article.

Article 31. Temporary connection to active national highways or local roads

1. Temporary connection to active national highways or local roads shall be implemented in order to:

a) serve as public roads for transportation, production of materials and transportation of construction materials where duration of temporary connection does not exceed project execution period in accordance with public investment laws and construction laws;

b) serve national defense and security duties, natural disaster preparedness and remediation, management, operation, use, and maintenance of dykes.

2. Upon expiry of temporary connection duration, project developers and applicants of temporary connection shall implement and incur expenditure on the following tasks:

a) Demolition and closure of temporary junction;

b) Restoration of road margin; repair and addition of road infrastructures affected by temporary connection.

3. Entitlement to approval of location and design of temporary junction and issuance of construction permit

a) Road authority sub-division in respect of national highways under Clause 3 Article 8 of the Law on Road;

b) Departments of Transport in respect of national highways under Clause 4 Article 8 of the Law on Road and national highways under Clause 1 Article 4, Clause 1 Article 5, and Clause 1 Article 6 hereof; provincial roads and other roads delegated by provincial People’s Committees;

c) People’s Committees of districts and People’s Committees of communes in respect of roads under their management.

4. Applicants shall submit application in-person, via post service, or via public service portal to competent authority under Clause 3 of this Article. The application consists of:

a) Written application using Form No. 3 under Appendix VI attached hereto;

b) Written approval for investment guidelines or decisions approving investment projects (where project developers are the applicants); project construction contracts (where contractors are the applicants);

c) Design dossiers of temporary junction drawings; traffic arrangement applicable at temporary junctions;

d) Number of application: 1 set.

dd) Documents under Point a of this Clause must be original copies while documents under Point b and Point c of this Clause can be original copies or certified true copies.

5. Competent authorities that receive, examine, and process application:

c) Within 7 working days from the date on which adequate application is submitted, receiving authorities shall examine and issue written approval for temporary junctions using Form No. 4 under Appendix VI attached hereto. In case of rejection, receiving authorities shall issue written response stating reason for rejection.

Chapter V

ROAD TRAFFIC SAFETY INSPECTION AND ASSESSMENT; TRAINING FOR ROAD TRAFFIC SAFETY INSPECTION AND ASSESSMENT

Section 1. INSPECTION AND ASSESSMENT OF ROAD TRAFFIC SAFETY

Article 32. Inspection and assessment of road traffic safety

Inspection and assessment of road traffic safety shall conform to Article 29 of the Law on Road, Article 33 and Article 34 hereof, and provisions below:

1. During preparation of investment projects and execution design following fundamental design, inspection and assessment of road traffic safety are implemented together with inspection and assessment of feasibility study, construction design, and provisions below:

a) Project developers are responsible for choosing eligible traffic safety inspection service providers to conduct traffic safety inspection during preparation of investment projects and execution design following fundamental design. Where consultants hired to inspect projects and/or execution projects following fundamental design are eligible to conduct inspection of road traffic safety, such consultants can be selected to conduct traffic safety inspection of the projects and execution projects following fundamental design.

b) Competent persons who approve investment projects and design shall conduct traffic safety assessment on the basis of traffic safety inspection reports of consulting organizations for traffic safety inspection and assessment of road structure construction projects, assessment of road structure design following fundamental design in order to revise, add work items relevant to traffic safety to projects and execution design following fundamental design.

In respect of road structure construction projects approved by the Prime Minister, Ministry of Transport shall conduct traffic safety assessment during preparation of investment projects on the basis of traffic safety inspection reports of consulting organizations for traffic safety inspection.

2. Prior to operation of road structures, project developers have the responsibility to:

a) select eligible traffic safety inspection service providers to conduct traffic safety inspection;

b) conduct traffic safety assessment on the basis of traffic safety inspection reports of consulting organizations for traffic safety inspection.

3. Department for Roads of Vietnam, Departments of Transport, People’s Committees of districts, People’s Committees of communes, management and use personnel of roads have the responsibility to: choose eligible consulting organizations to conduct road traffic safety inspection; conduct road traffic safety assessment on the basis of traffic safety inspection reports in respect of active roads under their management in order to adopt solutions for improving coherent and safe traffic conditions in accordance with Point d Clause 3 Article 29 of the Law on Road where 3 traffic accident indicators (number of cases, number of deaths, number of injured persons) of the following increase by at least 20% relative to the previous year, or at least 2 indicators increase by more than 30% relative to the previous year, or at least 1 indicator increases by more than 50% relative to the previous year and when necessary according to decision of management and use personnel of roads.

4. Consulting organizations for traffic safety inspection have the responsibility to conduct road traffic safety inspection in accordance with Clause 2 Article 29 of the Law on Road, assume accountability for inspection results; detect risks of traffic accidents, assess potential causes of traffic accidents, propose road traffic solutions; develop and send road traffic safety inspection reports to organizations and individuals responsible for traffic safety assessment.

5. Organizations and individuals conducting traffic safety assessment have the responsibility to:

a) receive traffic safety inspection reports and recommendations of road traffic safety assessment consultants to facilitate road traffic safety inspection;

b) amend projects and road structure design in order to maintain project effectiveness, maintain traffic order and safety during operation and use;

c) carry out traffic safety assessment prior to operation of road structures and road traffic safety assessment during operation of road structures in accordance with Article 34 hereof.

Article 33. Documents for road traffic safety inspection and assessment

1. Documents for road traffic safety inspection and assessment under Clause 1 Article 32 hereof include documents for preparation and assessment of construction projects, design of road structures in accordance with construction laws.

2. Documents for traffic safety inspection and assessment prior to operation of road structures under Clause 2 Article 32 hereof include:

a) Approved structure design dossiers (including revised design);

b) Documents related to construction and investment results;

c) Documents collected from the scene; feedback of competent authorities pertaining to traffic arrangement and traffic order and safety during temporary operation (if any).

3. Documents for road traffic safety inspection and evaluation of active roads and implementation of traffic solutions under Clause 3 Article 32 hereof include:

a) Approved traffic arrangement in respect of expressways; operating procedures and documents relevant to management, operation, use of road structures; vehicle count data and composition of vehicles participating in road traffic;

b) Documents relevant to road traffic safety and order during operation; situations and handling results of areas prone to traffic accidents, areas with risks of traffic accidents; adjustment and addition of road signals, traffic arrangement; connection to roads;

c) Remarks of competent authorities pertaining to traffic arrangement and road traffic order and safety situations;

d) Documents on physical inspection regarding road traffic, technical conditions of roads, light, exhaust, dust, noise affecting traffic order and safety of active roads.

Article 34. Details of traffic safety inspection and assessment prior to operation of road structures; road traffic safety inspection and assessment during operation of road structures

1. Consultation for road traffic safety inspection consists of:

a) Collecting documents for traffic safety inspection appropriate to traffic safety inspection phase;

b) Examining, studying, comparing with technical regulations, technical standards, and regulations of the law pertaining to traffic order and safety, construction laws; analyzing, evaluating information, data pertaining to infrastructures, database on traffic situations in order to identify traffic safety risk factors associated with road infrastructures, vehicles, vehicle operators, road users;

c) Identifying factors that may cause loss of traffic safety by examining, collecting, and analyzing information, data at the scene pertaining to: size, conditions, characteristics of road infrastructures; other relevant junctions and roads; traffic situations, vehicle count data, traffic compositions in respect of active roads; geography, climate, environment affecting traffic order and safety;

d) Consulting relevant agencies, organizations, and local inhabitants (when necessary) regarding road traffic order, safety, accidents; studying feedback and recommendations pertaining to vehicles, operating hours of specific vehicles, connection to other roads, and other information;

dd) Studying and evaluating details under Appendix VII attached hereto during traffic safety inspection process;

e) Developing and sending traffic safety inspection reports in accordance with Clause 4 Article 32 hereof to agencies, organizations under Clause 3 of this Article.

2. Road traffic safety inspection reports consist of:

a) Name of project/route and stage at which traffic safety inspection is conducted;

b) Name of chief inspector and inspector;

c) List of collected documents;

d) Time of inspection, time and location of physical inspection, details of physical inspection;

dd) Feedback sent by organizations and individuals before and during inspection process;

e) Results of document study, physical inspection; feedback collection and presentation of relevant agencies and organizations;

g) Assessment of traffic safety capability of road structures which specifies existing issues and problems that affect road traffic safety; identifies causes of said issues and problems;

h) Proposition and recommendations for rectifying issues and problems affecting road traffic safety.

3. Organizations and individuals conducting road traffic safety inspection are responsible for receiving traffic safety inspection reports and propositions of consultants for road traffic safety inspection in order to facilitate road traffic safety inspection and tasks below:

a) In respect of built, upgraded, renovated roads prior to operation: revise and add necessary details pertaining to traffic safety; amend additional traffic arrangement of expressways during preparation and approval;

b) In respect of active roads: implement solutions for improving traffic safety and coherence; adjust, add speed limits, channelization, lane channelization; dictate direction of travel and time at signalized junctions; open central dividers; rectify areas prone to traffic accidents, areas with traffic accident risks, issues pertaining to traffic arrangement that affect traffic order and safety; adjust traffic arrangement of expressways during operation.

Section 2. ELIGIBILITY TO PROVIDE ROAD TRAFFIC SAFETY INSPECTION SERVICES; PROVIDE TRAINING FOR ROAD TRAFFIC SAFETY INSPECTION; ISSUE CERTIFICATE OF ROAD TRAFFIC SAFETY INSPECTOR

Article 35. Eligibility to provide road traffic safety inspection services

1. Consulting organizations for traffic safety inspection shall be established in a manner compliant with the laws, Clause 4 Article 29 of the Law on Road, and satisfactory to requirements below:

a) In respect of projects of national importance, group A, and group B projects, a minimum of 10 inspectors shall be required wherein at least 4 inspectors are road engineers, 1 inspector is an engineer or bachelor’s degree holder specializing in road transport, and at least 1 inspector is a person eligible for acting as traffic safety chief inspector;

b) In respect of group C projects and active road structures, a minimum of 5 inspectors shall be required wherein at least 1 inspector is a road engineer, 1 inspector is an engineer or bachelor’s degree holder specializing in road transport, and at least 1 inspector is a person eligible for acting as traffic safety chief inspector.

2. Traffic safety inspectors shall undergo training and obtain certificate of road traffic safety inspector.

3. In addition to Clause 2 of this Article, each traffic safety chief inspector must:

a) be person in charge of developing design projects and schemes for at least 3 road structures; or

b) complete undergraduate education or higher in road engineering and have engaged in road structure design and road structure design inspection work for at least 7 years; or

c) complete undergraduate education or higher in road traffic major (road engineering, road transport) and have worked in the following fields for at least 10 years: management of road traffic, road transport, road construction, road maintenance; wherein he/she has engaged in: designing, inspecting, or assessing construction projects or repair projects of at least 3 road traffic safety structures;

Article 36. Eligibility of training service providers for road traffic safety inspectors

Training service providers for road traffic safety inspectors shall be agencies, organizations that are established in accordance with the laws and meet requirements below:

1. Regarding facility

a) Classrooms must have a minimum area of 1,5 m²/study space, be equipped with audio and audiovisual devices such as: projection screens, projectors, computers, amplifiers, microphones, and speakers;

b) Equipment and instruments for on-site teaching and studying which at the minimum include: 50 reflective vests, 1 retroreflectometer for measuring retro-reflectivity of traffic signs or road markings.

2. Regarding teaching staff

a) The number of full-time lecturers employed is sufficient to deliver lecture on at least 40% of topics under framework program for road traffic safety inspector training;

b) Lecturers meet standards under Clause 1 Article 38 hereof.

Article 37. Procedures for approving training service providers for road traffic safety inspectors

1. Application for approval of training service provider for road traffic safety inspectors consists of:

a) Written application using Form No. 1 under Appendix VIII attached hereto;

b) Manifest of facilities serving traffic safety inspection training;

c) Manifest of teaching staff, qualifications, and actual experience in professional work;

d) Draft teaching programs and documents;

dd) Documents under Point a and Point d of this Clause must be original copies; documents under Point b and Point c can be original copies or certified true copies.

2. Applicants shall submit application to competent authorities under Clause 3 of this Article in person, via post service, or via public service portal.

3. Department for Roads of Vietnam has the responsibility to:

a) approve training service providers for traffic safety inspectors;

b) publicize list of training service providers for road traffic safety inspectors on website of the Ministry of Transport and Department for Roads of Vietnam.

4. Competent authorities under Clause 3 of this Article shall receive, examine application and:

c) Within 7 working days from the date on which competent authorities receive the applications, competent authorities shall examine the application and, in case of adequate applications, issue written approval using Form No. 2 under Appendix VIII attached hereto. In case of rejection, the competent authorities shall issue written response stating reason for rejection.

Article 38. Standards of lecturers and learners in training for road traffic safety inspector

1. Lecturers delivering lecture on road traffic safety inspector training must:

a) be eligible to act as road traffic safety chief inspector; or

b) complete undergraduate education or higher in road traffic major and have engaged in teaching road traffic safety and/or exercising state management relating to traffic arrangement and road traffic safety for at least 10 years.

2. Learners must:

a) be a Vietnamese citizen or a foreigner permitted to reside or work, study in Vietnam; and

b) have full legal capacity and adequate health; and

c) complete undergraduate education or higher in road engineering major and have engaged in road structure design for at least 3 years; or complete undergraduate education or higher and have engaged in traffic management, road construction, or road maintenance for at least 5 years.

Article 39. Issuance of certificate of road traffic safety inspector

1. Certificate of road traffic safety inspector (hereinafter referred to as “certificate”) is issued by the Department for Roads of Vietnam and governed in a centralized manner throughout the country using form No. 3 under Appendix VIII attached hereto and is valid for 5 years from the date of issue.

2. Training service providers shall prepare application for issuance of certificate within 30 days from the date on which examination is held, including:

a) Written application (original copies) using Form No. 4 under Appendix VIII attached hereto;

b) Decision acknowledging examination results of training course attendees;

c) 2 color photos or picture JPG files for each learner of which certificate issuance is requested (4 cm x 6 cm in size and in the format applicable for ID Card and taken within 6 months).

3. Applicants shall submit application to the Department for Roads of Vietnam in person, via post service, or via public service portal. Department for Roads of Vietnam shall receive and examine the application and:

c) Within 15 working days from the date on which Department for Roads of Vietnam receives the applications, Department for Roads of Vietnam shall examine and, in case of adequate applications, issue certificate for each learner in accordance with Clause 1 of this Article. In case of rejection, Department for Roads of Vietnam shall issue a written response stating reason for rejection.

Article 40. Renewal of certificate of road traffic safety inspector

1. Eligibility to apply for renewal of certificate of road traffic safety inspector:

a) During effective period of the certificate, certificate holders must engage in road traffic safety inspection and evaluation or design, assessment and approval of solutions for areas prone to traffic accidents, areas at risk of traffic accidents for at least 3 structures;

b) Certificate renewal process must be completed before expiry of the old certificate.

2. Applicants shall prepare application for certificate renewal consisting of:

a) Written application (original copies) using Form No. 5 Appendix VIII attached hereto and photos under Point c Clause 2 Article 39 hereof;

b) Declaration (original copies) of experience in road traffic safety inspection and assessment, design, approval of solutions for areas prone to traffic accidents, areas at risk of traffic accidents (during effective period of previous certificate); declaration using Form No. 6 under Appendix VIII attached hereto.

a) In respect of in-person application, where application is adequate, Department for Roads of Vietnam shall accept and issue notice of result return; where application is inadequate, Department for Roads of Vietnam shall guide applicants to revise the applications;

b) In respect of indirect application, within 2 working days from the date on which application is submitted, Department for Roads of Vietnam shall examine components of the application and, where the application is inadequate, guide the applicants in writing to revise;

c) Within 7 working days from the date on which Department for Roads of Vietnam receives application, Department for Roads of Vietnam shall examine the application and, in case of adequate application, renew certificate of traffic safety inspector in accordance with Clause 1 Article 39 hereof. In case of rejection, Department for Roads of Vietnam shall issue a written response stating reason for rejection.

4. Effective period of renewed certificate shall be 5 years from the date on which the certificate is renewed.

Article 41. Re-issuance of certificate of road traffic safety inspector

1. In respect of unexpired certificate, road traffic safety inspectors may apply for re-issuance where the previous certificate is lost or damaged unless the previous certificate is revoked.

2. Applicants shall prepare application for certificate re-issuance consisting of:

a) Written application (original copies) using Form No. 05 Appendix VIII attached hereto and photos under Point c Clause 2 Article 39 hereof;

b) Damaged certificate.

c) Within 5 working days from the date on which Department for Roads of Vietnam receives application, Department for Roads of Vietnam shall examine the application and, in case of adequate application, renew certificate of traffic safety inspector in accordance with Clause 1 Article 39 hereof. In case of rejection, Department for Roads of Vietnam shall issue a written response stating reason for rejection.

4. Effective period of re-issued certificate shall be determined by that of previously issued certificate.

Article 42. Revocation of written approval for training service providers, revocation of certificate

1. Written approval shall be revoked when:

a) Training service providers fail to adhere to framework program prepared using Form No. 7 Appendix VIII attached hereto;

b) Training service providers acknowledge examination results of persons who do not attend training course;

c) Training service providers fail to provide training for 3 consecutive years.

2. Certificate shall be revoked when:

a) The certificate is fabricated, modified, or otherwise altered in terms of contents;

b) The certificate is leased or borrowed for unlawful use;

c) Application for enrolment of learners is dishonest (pertaining to learners’ eligibility);

d) The certificate is issued as a result of violations under Point a or Point b Clause 1 of this Article.

3. Competent authorities issuing written approval or certificate shall:

a) issue, send decision revoking written approval of training service providers to: training facilities, superior agencies of training facilities (if any), and upload on website of issuing authority;

b) issue, send decision revoking certificate to holders of revoked certificate, training service providers, superior agencies of holders of revoked certificate (if any), and upload on website of issuing authority.

Article 43. Programs and documents for road traffic safety inspector training

1. Programs for road traffic safety inspector training consists of:

a) Teaching programs and documents that enable learners to learn about: regulations of the Law on Road, the Law on Road Traffic Order and Safety, this Decree, technical regulations, technical standards on road structure design, road signals, legislative documents on traffic arrangement; responsibilities, obligations, and powers of road traffic safety inspectors and road traffic safety chief inspectors; skills in researching, analyzing documents, conducting physical inspection, and preparing traffic safety inspection report;

b) Framework program for road traffic safety inspector training using Form No. 7 under Appendix VIII attached hereto.

2. Documents for traffic safety inspector training consist of:

a) Teaching documents compiled by training service providers;

b) Teaching documents must meet requirements under Clause 1 of this Article.

Article 44. Providing road traffic safety inspector training

1. Training service providers shall post admission open notice, eligibility of learners, expected plan, time, location, costs of courses, and other necessary information; receive and review application; and ensure that learners meet eligibility under Clause 2 Article 38 hereof.

2. Application for enrollment consists of:

a) Written application (original copies) using Form No. 8 under Appendix VIII attached hereto;

b) 2 color photos (in case of application in-person or via post service), 4 cm x 6 cm in size, in format applicable to ID Card, and taken within the last 6 months from the date on which application is submitted;

c) Certified true copies of undergraduate or graduate degree;

d) Declaration of work experience in road (original copies) verified by learner’s superior agency or presiding authority using Form No. 9 under Appendix VIII attached hereto.

3. Provide training

a) Training service providers shall develop training plans, list of learners and inform Department for Roads of Vietnam and learners at least 7 working days before the date on which classes are open;

b) Training service providers shall accept learners and arrange classes where up to 45 learners may occupy a class;

c) Training service providers shall provide training in accordance with framework program and training plans.

4. Training service providers shall establish examination council consisting of at least 5 people who are:

a) Heads of training service providers acting as Chairpersons and Vice Chairpersons;

b) Officials and lecturers of training service providers acting as members of examination council the number of which varies depending on the number of examination rooms where a minimum of 2 invigilators shall be required per examination room.

5. Examination councils are tasked with

a) assuming responsibilities relevant to the examination;

b) determining and securing exam questions;

c) inspecting and verifying learners eligible for examination;

d) organizing examination, securing examination papers, header number; scoring, and reporting examination results.

6. Eligibility for participation in exam and recognition of exam results

a) A learner must attend more than 80% of the course duration in order to be eligible to participate in examination;

b) A learner attaining at least 60/100 scores shall be qualified.

7. Training service providers shall issue decision recognizing exam results.

Article 45. Responsibilities of Department for Roads of Vietnam, training service providers, and holders of certificate of road traffic safety inspector

1. The Department for Roads of Vietnam has the responsibility to:

a) inspect training of road traffic safety inspector provided by training service providers;

b) archive all instances of approval, re-issuance, and revocation of written approval for training facilitates for traffic safety inspectors;

c) publicly post list of training service providers for road traffic safety inspectors on website of Department for Roads of Vietnam;

d) archive all instances of issuance, renewal, reissuance, revocation of certificate of road traffic safety inspector;

dd) publicly post list of certified road traffic safety inspectors on website of Department for Roads of Vietnam;

2. Training service providers for road traffic safety inspectors have the responsibility and power to:

a) organize training for road traffic safety inspectors in accordance with this Decree;

b) assign individuals with experience in organizing professional training courses in fields of transport; lecturers of adequate qualifications and work experience to be in charge of courses;

c) organize examination and submit application for issuance of certificate of road traffic safety inspectors;

d) maintain and improve teaching and studying facilities in order to increase training quality;

dd) collect and utilize training fee in accordance with applicable laws;

e) store and maintain learner’s dossiers, documents related to training of road traffic safety inspectors in accordance with archival laws;

g) operate under inspection and examination of competent authorities;

h) submit reports on training of road traffic safety inspectors of the previous year to Department for Roads of Vietnam before January 31 each year.

3. Holders of certificate of road traffic safety inspector have the responsibility to:

a) keep and use the certificate for the right purpose;

b) apply for renewal and reissuance as per the law;

c) present the certificate and comply with inspection and examination requirements at request of competent authorities.

Chapter VI

EXPRESSWAY

Section 1. EXPANDING, UPGRADING EXPRESSWAY OR ACTIVE ROAD INVESTED UNDER PUBLIC-PRIVATE PARTNERSHIPS MODEL TO EXPRESSWAY

Article 46. Expanding and upgrading expressway in case PPP investment projects are developed to implement bidding for selection of investors

Contracting authorities shall negotiate with existing investors that are executing projects (hereinafter referred to as “existing investors”) about expanding or upgrading expressway or active roads to expressway (hereinafter referred to as “expansion and upgrade of expressway”) under PPP investment projects in order to implement bidding for selection of investors according to Point b Clause 2 Article 48 of the Law on Road as follows:

1. Contracting authorities shall negotiate with existing investors about the following details:

a) Commitment of the investors to cooperate with relevant agencies and entities in developing and executing expansion and upgrade projects; responsibilities and obligations of existing investors in case of failure to adhere to the commitment;

b) Distribution of revenues between existing investors and investors to be selected to execute expansion and upgrade projects (hereinafter referred to as “expansion and upgrade investors”);

c) Responsibilities in management, operation, use, and maintenance following expansion and upgrade, including existing structures and expanded, upgraded structures. Management, operation, use, and maintenance expenditure compliant with Point d or Point dd of this Clause;

d) Where existing investors are accountable: existing investors and contracting authorities shall sign contract appendices in order to amend financial plans, add management, operation, use, and maintenance expenditure following expansion and upgrade. Management, operation, use, and maintenance expenditure shall be updated in accordance with bid of expansion and upgrade projects submitted by expansion and upgrade investors to whom the contract is awarded;

dd) Where expansion and upgrade investors are accountable: existing investors and contracting authorities shall sign contract appendices in order to amend financial plans and subtract management, operation, use, and maintenance expenditure following expansion and upgrade. Financial plans for expansion and upgrade projects, calculation of management, operation, use, and maintenance expenditure following expansion and upgrade;

e) Details related to rights and obligations of investors in order to maintain continuity in provision of public services; details that require amendments to project contracts due to execution of expansion and upgrade projects.

2. Where expansion and upgrade are carried out by developing PPP investment projects in order to implement bidding for selection of expansion and upgrade investors, entities preparing the projects shall develop pre-feasibility study and feasibility study of expansion and upgrade projects in accordance with PPP investment laws and construction laws while ensuring:

a) Conformity of infrastructures of expansion, upgrade projects with those of existing road structures;

b) Financial plans of existing projects and expansion, upgrade projects as per the law, signed contracts and negotiation results under Clause 1 of this Article.

3. Development and appraisal of pre-feasibility study, decision approving investment guideline, announcing projects; development and appraisal of feasibility study, approval for projects; investor selection; establishment of PPP project enterprises and signing of PPP project contracts; execution of project contracts shall conform to PPP investment laws.

4. Where existing investors participate in expansion and upgrade projects, consideration regarding eligibility of investors shall conform to Article 29 of the Law on Public Private Partnership Investment.

5. Existing investors and expansion, upgrade investors have the responsibility to:

a) cooperate and maintain conformity, safety in implementation of expansion and upgrade projects, management, operation, and use of expressways under contracts for PPP investment projects;

b) comply with distribution of revenues between existing projects and expansion and upgrade projects on the basis of financial plans under pre-feasibility study, feasibility study, bidding documents, and bids of expansion and upgrade projects and contracts of existing projects.

6. Where negotiation on carrying out expansion and upgrade by developing PPP investment projects in order to implement bidding for selection of expansion and upgrade investors under Clause 1 of this Article is unsuccessful, contracting authorities shall negotiate with investors about the case where existing investors propose revision to investment projects in accordance with Article 47 hereof.

Article 47. Expanding and upgrading expressway or active road to expressway in case existing investors propose revision to investment projects

Contracting authorities shall negotiate with existing investors that propose revision to investment projects for expressway expansion and upgrade in accordance with Point a Clause 2 Article 48 of the Law on Road as follows:

1. Where expansion and upgrade are carried out in accordance with revision to investment projects proposed by existing investors, existing investors shall develop and submit dossiers on investment project revisions to competent authorities. Revision to investment guidelines and projects, approval for construction design after fundamental design, estimates and expenditure proposed by the investors shall conform to PPP investment laws and construction laws.

2. On the basis of decision approving revised investment projects, construction design after fundamental design, and estimates, competent authorities shall select investors in accordance with Point b Clause 1 Article 39 of the Law on Public Private Partnership Investment and determine:

a) Qualifications, experience, eligibility in case of existing investors to carry out expressway expansion and upgrade in accordance with Point c Clause 1 Article 67 of Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government;

b) Draft contract appendices for expansion and upgrade of expressways developed in accordance with Article 47 of the Law on Public Private Partnership Investment and guidelines on developing sample PPP contracts under Appendix VI attached to Decree No. 35/2021/ND-CP depending on the scope of expanded, upgraded structures;

c) Updated financial plans upon addition of expanded, upgraded structures compliant with PPP investment laws;

d) Procedures for selecting investors for implementation in accordance with Clause 2 Article 37 of Decree No. 35/2021/ND-CP ;

dd) Documents required under this Clause shall be approved by competent authorities and sent to existing investors.

3. Existing investors shall be the investors designated to submit documents required under Clause 2 of this Article, including:

a) Documentation proof of qualifications, experience, and eligibility to carry out expressway expansion and upgrade;

b) Explanation for project execution plans where estimates are at least 5% lower than those approved by competent authorities serving as the basis for calculation of financial plans and tolling duration.

4. Competent authorities shall evaluate additional requirements pertaining to qualifications, experience, and eligibility as follows:

a) Evaluation of qualifications and experience of investors shall be carried out in the same manner as that in competitive bidding wherein investors are not ranked and list of investors satisfying technical parts is not appraised nor approved;

b) Eligibility of investors shall conform to Article 29 of the Law on Public Private Partnership Investment and Clause 5 Article 29 of Decree No. 35/2021/ND-CP.

5. On the basis of evaluation results under Clause 4 of this Article, competent authorities shall decide:

a) Where existing investors are qualified, contracting authorities shall negotiate and sign contract appendices in accordance with Article 50 of the Law on Public Private Partnership Investment;

b) Where existing investors are not qualified, contracting authorities shall negotiate with investors in order to comply with Article 48 hereof. Existing investors shall incur expenditure on developing dossiers on revision of projects, design after fundamental design, estimates, documentation proof of qualifications, experience, technical performance characteristics, solutions for project execution that have been implemented which is not included in financial plans of the projects.

6. Where negotiation on carrying out expansion and upgrade by enabling existing investors to propose revision to investment projects in accordance with Clause 1 of this Article is unsuccessful, contracting authorities shall negotiate with investors about the case where the Government develops investment projects for expressway expansion and upgrade in form of public investment in accordance with Article 48 hereof.

Article 48. Expanding and upgrading expressway by developing investment projects for expansion and upgrade in form of public investment

Contracting authorities shall negotiate with existing investors about expressway expansion and upgrade via public investment in accordance with Point b Clause 2 Article 48 of the Law on Road as follows:

1. Contracting authorities shall negotiate with existing investors about the following details:

a) Commitment of existing investors to cooperate with relevant agencies and entities during preparation for investment and execution of expansion and upgrade projects in form of public investment;

b) Solutions for maintaining consistency pertaining to technical infrastructure in construction process; solutions for accepting expanded, renovated, upgraded parts, managing, operating, and maintaining conforming to PPP projects after receiving from competent authorities;

c) Details that require project contracts to be amended due to implementation of expansion and upgrade in form of public investment and existing investors who receive structures that are results of expansion and upgrade investment for management, operation, maintenance, and use.

2. Project developers shall develop pre-feasibility study and feasibility study of expansion and upgrade projects in accordance with public investment laws, construction laws, and provisions below:

a) Technical parts to ensure conformity of expansion and upgrade projects with existing road projects;

b) Other provisions relating to implementation of expansion and upgrade projects in form of public investment in accordance with negotiation results under Clause 1 of this Article.

3. Development and appraisal of pre-feasibility study, decision on investment guidelines; development and appraisal of feasibility study, decision on investment; selection of contractors; implementation of project contracts shall conform to public investment laws, bidding laws, construction laws.

4. Existing investors and expansion and upgrade investors shall have the responsibility to cooperate in expansion and upgrade investment. Upon completion of expressway expansion and upgrade projects, project developers shall report to competent authorities in order to deliver the structures to existing investors for management and maintenance in accordance with contracts for PPP investment projects.

5. Competent authorities and existing investors shall sign project contract appendices, update financial plans in accordance with PPP investment laws, including:

a) Estimated revenues of existing projects upon expansion and upgrade;

b) Revision to expenditure on management, operation, and maintenance of structures after expansion and upgrade;

c) Rate, price, term of contract execution to be amended on the basis of revenues, expenditure, and other details of financial plans;

d) Other provisions to be amended due to expressway expansion and upgrade.

6. Existing investors shall be in charge of management, operation, and business operation of the entirety of project structures, including existing structures and expanded, upgraded parts under amended project contracts. Fee collection shall be implemented throughout the projects, including existing structures and expanded, upgraded structures under contract appendices under Clause 5 of this Article.

7. Contractors that execute expressway expansion and upgrade projects in form of public investment shall have the obligation to maintain the structures in accordance with construction laws and other relevant law provisions.

Article 49. Solutions in case of failure to negotiate with investors about expansion and upgrade

In case of failure to negotiate with investors in accordance with Clause 2 or Clause 3 Article 48 of the Law on Road, contracting authorities shall inform competent authorities about contract termination in accordance with the Law on Public Private Partnerships where such termination serves national interest, national defense and security and in accordance with Decree No. 35/2021/ND-CP.

Section 2. INVESTMENT IN REST AREAS AFFILIATED TO EXPRESSWAY STRUCTURES

Article 50. Investment in rest areas for expressway projects of public investment

1. On the basis of location and size of rest areas under decision approving expressway construction projects, competent authorities shall select investors for rest area construction in accordance with bidding laws pertaining to selection of investors for projects using land.

2. Where selection of investors for rest areas in accordance with bidding laws pertaining to selection of investors for projects using land is unsuccessful, competent authorities shall organize investment of rest areas in expressway projects in form of public investment.

3. Selection entities for operation, use or upgrade, expansion, renovation, modernization and operation of rest areas invested by the Government in accordance with Clause 2 of this Article shall conform to Article 52 hereof. During periods in which entities for operating, using rest areas have not been selected, road authorities shall be responsible for management, operation, use, and maintenance of rest areas.

Article 51 Investment in rest areas for expressway projects of public private partnerships

1. Rest areas are work items of PPP projects for expressways and determined in the projects as follows:

a) Total investment of expressway projects including site preparation expenditure for rest areas but excluding rest area construction costs. Investors shall not be eligible for reimbursement of rest area construction and investment expenditure;

b) Financial plans under pre-feasibility study, feasibility study, bidding documents of expressway projects do not include revenues and expenditure on construction, operation of rest areas.

2. Details pertaining to rest areas under bidding documents of expressway projects:

a) Technical requirements in investment and construction of rest areas, compliance with National Technical Regulations on rest areas;

b) Requirements where investors, at their discretion, estimate business revenues of rest areas in order to reduce costs of products, public services or reduce Government funding for construction of structures, infrastructures or improve benefits to society and the government in the bid depending on bid evaluation criteria;

c) Principles in finalizing rest area investment;

d) Principles in delivering rest areas.

3. Details pertaining to rest areas under bid of expressway projects:

a) Explanation for plans for investment, construction, management, operation, and business operation of rest areas;

b) Propositions pertaining to reduction in price of products, public services or decrease in government funding for construction of structures, infrastructures or improvement of benefits to society, the Government on the basis of combined calculation results of financial plans and business value of rest areas in accordance with Point b Clause 2 of this Article;

c) Financial plans under bid excluding revenues and expenditure on investment, construction, operation of rest areas.

4. Where term of PPP projects for expressway is amended due to increase or decrease to revenues in accordance with Article 51 of the Law on Public Private Partnership Investment or subject to sharing of increased or decreased revenues in accordance with Article 82 of the Law on Public Private Partnership Investment, revenues serving as the basis for the aforementioned provisions shall not include revenues generated by rest areas.

5. Upon conclusion of contracts for PPP projects for expressway, investors shall deliver all invested assets, including rest areas, to competent authorities in accordance with public asset management and use laws.

Article 52. Selection of investors for operation or upgrade, expansion, renovation, modernization, operation of existing rest areas that are public assets

1. Selection of investors for operation, utilization or upgrade, expansion, renovation, modernization, operation, and utilization of existing rest areas that are public assets shall conform to bidding laws or public asset management and use laws or be implemented under PPP projects for expressways as follows:

a) Current conditions, management format and method of assets;

b) Demand for upgrade, expansion, renovation, upgrade, modernization, and operation;

c) Time and requirements of PPP projects in case implementation is incorporated in PPP projects for expressway.

2. Investors of rest areas shall have the responsibility to operate or upgrade, expand, renovate, modernize, operate rest areas in a manner compliant with regulations of the law and contracts signed with competent authorities.

Section 3. MANAGEMENT, OPERATION, AND MAINTENANCE OF EXPRESSWAY STRUCTURES

Article 53. Management, operation, maintenance, and protection of expressway infrastructures

Management, operation, maintenance, and protection of expressway infrastructures shall conform to Article 49 of the Law on Road, this Decree, and provisions below:

1. Entities in charge of operation and maintenance shall perform road patrol to check, examine, and monitor traffic arrangement, traffic accidents, conditions of expressway structures; apply smart traffic in management, operation, and maintenance of expressway infrastructures in order to promptly detect any damage or violation of expressway structures, unlawful encroachment or appropriation of land of expressway or road margin to take actions or request competent authorities to take actions.

2. Management and use personnel of expressways shall perform patrol to examine and supervise the performance of road patrol duty; examine and protect expressway infrastructures and take actions or cooperate in taking actions against violation of expressway infrastructures; participate in personnel rescue, vehicle rescue, and dealing with issues on expressways.

3. Operating procedures of the following work items and equipment shall be required:

a) Tunnel structures on expressway outfitted with devices for ventilation, dust filtration, environmental control, fire prevention, firefighting, lighting system, and other equipment serving operation and use;

b) Traffic management and coordination centers;

c) Vehicle load control structures;

d) Other work items and equipment decided by project developers, management and use personnel of expressways.

4. In respect of expressway of which investment is separated into stages where site preparation is implemented by lane size, management of land on which construction has not started shall be implemented as follows:

a) Project developers shall have the responsibility to manage and protect land where site preparation has been implemented during investment stage; deliver land where site preparation has been implemented to management and use of expressways after construction completes;

b) Management and use personnel of expressways shall have the responsibility to manage land on which site preparation has been implemented.

Article 54. Maintenance of expressway structures

1. Maintenance of expressway structures shall conform to road laws, construction laws, technical regulations, technical standards, and maintenance procedures. Work items relating to traffic safety, bridges, tunnels, and structures and equipment related to safety in operation must evaluated on a regular, periodic basis and promptly repaired, rectified.

2. Prior to expiry of operation period of parts, work items affiliated to expressway infrastructures, road signals, equipment installed onto expressway infrastructures or where number or frequency of usage imposed by manufacturers is exceeded, management and use personnel of expressway must examine and re-determine quality, conditions of structures and equipment installed onto structures and:

a) Where quality and safety is guaranteed, use is continued;

b) Where quality and safety is not guaranteed, repair and replacement must be implemented.

Section 4. ROADMAP FOR INVESTMENT OF STRUCTURES AFFILIATED TO EXPRESSWAY INFRASTRUCTURES

Article 55. Roadmap for investment in respect of expressways that do not meet technical regulations, technical standards according to Clause 1 Article 45 of the Law on Road, collector roads, frontage roads, traffic management and coordination centers of expressway, vehicle control structures, electronic toll collection system

1. In respect of expressway structures that do not meet technical standards and technical regulations in accordance with Clause 1 Article 45 of the Law on Road

a) In respect of expressway projects of public investment and expressways invested by state-owned enterprises: on the basis of demand, project developers or management and use personnel of expressway shall request competent authorities to allocate funding in order to meet technical regulations, technical standards;

b) In respect of expressways built under PPP investment: on the basis of demand, competent authorities shall conform with Article 48 of the Law on Road and this Decree.

2. In respect of collector roads and frontage roads: agencies and entities under Clause 4 Article 30 of the Law on Road shall organize construction of collector roads and frontage roads connected to main roads on the basis of demand for connection to main roads and time at which connection to main roads is established as per the law.

3. In respect of traffic management and coordination centers of expressways and vehicle load control structures

a) In respect of expressways under public investment and expressways invested by state-owned enterprises: where funding sources are sufficient to invest in the aforementioned work items, investment shall be implemented before December 31, 2027. Where funding sources are insufficient, project developers or management and use personnel of expressway shall request competent authorities to allocate investment fundings to ensure safe operation;

b) In respect of PPP projects for expressways: competent authorities and investors shall negotiate about additional work items of traffic management and coordination centers of expressways, vehicle load control structures and implement investment before December 31, 2027.

4. In respect of electronic toll collection (ETC) system

a) In respect of expressway projects where the Government acts as ownership representative and directly manages and operates, ETC system must be complete prior to toll collection;

b) In respect of expressways built under PPP projects, payment of road use charges shall be made via electronic toll collection.

Article 56. Roadmap for investment of rest areas

1. In respect of rest area construction projects whose form of investment has been determined, the investment process shall continue as per the law.

2. In respect of expressway projects that have entered into operation and of which form of investment of rest areas has not been determined, competent authorities shall have the responsibility to determine investment form before December 31, 2025 and organize implementation as per the law.

3. In respect of PPP projects for expressways of which investment guidelines have been decided where pre-feasibility study or feasibility study or bidding documents or other documents in PPP project contracts contain investment plans for rest areas compliant with PPP projects but have not specified rights and obligations of investors, competent authorities and investors shall have the responsibility to negotiate on construction and investment plans before June 30, 2025 as follows:

a) Investors of PPP projects shall build and operate rest areas under PPP projects while adhering to technical regulations and technical standards on rest areas. Where financial plans of PPP projects have not included calculation of expenditure and revenues of rest areas:

Investment and construction costs shall not be included in financial plans. Rest area franchise fees shall be determined by average payment to state budget under decision approving results of bidding for selection of investors of 3 projects equivalent to the projects in question in consideration of ratio between operating period and size of rest areas. Equivalent projects are projects that: are executed in the same provinces or in adjacent provinces, have investor selection results attained within 2 years prior to the date on which contract negotiation takes place; where no equivalent projects are executed in the in the same provinces or in adjacent provinces, projects closest to the site of the projects in question shall be taken into consideration where time of reference shall be decided by contracting authorities.

Investors shall incur franchise fee in form of a lump-sum payment made to state budget or contract revision, reduction of tolling period;

b) Competent authorities shall select investors for rest areas in accordance with regulations of the law pertaining to selection of investors for projects using land. Investors selected for rest area projects shall have the responsibility to reimburse expenditure made by investors of expressway projects on work items of rest areas (if any) Investors of PPP projects for expressways shall have the responsibility to cooperate with competent authorities and selected investors for rest area projects in synchronously and safely operating expressways and rest areas.

Chapter VII

ROAD DATABASE

Section 1. GENERAL PROVISIONS

Article 57. Information in road database

1. Database on road network planning and road infrastructure planning

a) Database on road network planning consists of: list of roads; name and number of roads; starting points, end points; estimated length; size. In respect of expressways, investment schedule is also required;

b) Database on road infrastructures consists of: simple direction, main bottlenecks, estimated length and size of road in each province; land use demand, investment demand, planning schedule.

2. Database on investment and construction of road infrastructures consists of information detailed under Appendix IX attached hereto.

3. Database on active road infrastructures consists of information detailed under Appendix X attached hereto.

4. Database on electronic payment in road traffic activities consists of information detailed under Appendix attached to Decree No. 119/2024/ND-CP dated September 30, 2024 of the Government.

5. Database on transport operation provided by motor vehicle

a) Information on vehicles: license plate; type of vehicles; capacity; owners or authorized persons;

b) Information on transport service provider: tax identification number (TIN); governing Department of Transport; form of transport services; legal representatives; vehicles for transport services;

c) Information on badge: type of sign; license plate; issuing authority; date of issue; effectiveness of information pertaining to suspension or revocation of badge;

d) Information on management of cross-border transportation: license plate; transport service provider; form of transport; permit number; permit issue date; permit effectiveness; information on route and border checkpoints available for transport.

Article 58. Principles in developing, updating, managing, operating, using, and maintaining road database

1. Road database shall be developed and managed in a centralized manner from central to local government.

2. Road database shall be up-to-date, adequate, accurate, and maintained for continuous operation to meet demand of agencies, organizations, and individuals as per the law.

3. Road database shall be archived and secured to maintain information security.

4. Development, management, operation, and use road database shall conform to the Law on Road, the Law on Information Technology, the Law on Cyberinformation Security, the Law on Cyber Security, the Law on Electronic Transactions; regulations of the law on General framework for digital nation and Framework for e-Government; regulations on management, connection, and sharing of digital data of state authorities; regulations on assurance of private lives, personal secrets and other relevant law provisions.

5. The Ministry of Transport shall act as presiding authority of road database and take charge of developing, updating, maintaining, operating, and using road database.

6. Expenditure on development, update, management, operation, use, and maintenance of road database shall be provided by state budget under state budget estimate allocated to the Ministry of Transport and local governments in accordance with state budget laws.

Section 2. DEVELOPMENT, UPDATE, OPERATION, AND USE OF ROAD DATABASE

Article 59. Development of road database

1. Development of road database includes:

a) Guaranteeing technical and information infrastructures;

b) Designing and organizing database;

c) Deploying, upgrading, developing, and expanding database management software;

d) Collecting, standardizing, inputting data;

dd) Storing, securing, maintaining safety and security for database; adopting solutions for maintaining integrity and nonrepudiation property of data;

e) Providing training, advanced training, refresher training; organizing personnel, operating, managing, updating, and using database;

g) Operating and calibrating database;

h) Conducting other activities as per the law.

2. Structure of road design must meet standards on database and technical regulations, technical standards, information technology, technical-economic norms; have adequate compatibility, ability to integrate, share information, and expand data fields in system and software application design; enable expansion, upgrade, and development; facilitate centralized management from central to local government.

Article 60. Collection, update, and revision to information in road database

1. Information under Clause 1 Article 57 hereof shall be extracted, selected, and synchronized from database, field-specific database of Ministry of Transport and Ministry of Planning and Investment.

2. Information under Clause 2 Article 57 hereof shall be extracted, selected, and synchronized from database, field-specific database of Ministry of Transport, Ministry of Planning and Investment, and local governments.

3. Information under Clause 3 Article 57 hereof shall be extracted, selected, and synchronized from database, field-specific database of Ministry of Transport and local governments.

4. Information under Clause 4 Article 57 hereof shall be extracted, selected, and synchronized from database, field-specific database of Ministry of Transport, Ministry of Public Security, Ministry of National Defense, providers of road traffic e-payment services, and local governments.

5. Information under Clause 5 Article 57 hereof shall be extracted, selected, and synchronized from database, field-specific database of Ministry of Transport, Ministry of Public Security, and Departments of Transport.

6. Information in road database shall be updated and revised on the basis of:

a) Results of administrative and field-specific procedures; implementation of management, maintenance, operation, and use of road infrastructures;

b) Proposed amendments, addition made by agencies, organizations, individuals in case of changes or discovering inadequacies, inaccuracies in information of road database;

c) Other relevant database in case of changes.

7. Presiding authorities of road database and field-specific database shall have the responsibility to update and revise information under Clause 6 of this Article.

8. Provincial People’s Committees shall have the responsibility to update and revise information in road database under their management.

Article 61. Operation and use of road database

1. Forms in which road database is accessed and used include:

a) Via platform for data integration and sharing under General framework for digital nation;

b) Via direct data connection and sharing between databases that lack data integration and sharing platform;

c) Via website of the Ministry of Transport;

d) Via written request.

2. Accessing and using entities

a) Agencies developing, collecting, and updating information and maintaining road database shall have the right to access road database under their power;

b) State authorities, socio-political organizations operating in road sector may access and use data for state management purposes within their powers depending on functions and duties;

c) Agencies, organizations, and individuals permitted to access and use their information in accordance with regulations of the law on digital data management, connection, and sharing of state authorities and protection of personal information and data;

d) Agencies, organizations, and individuals may access, use information in road database in accordance with regulations of individual databases within road database issued by presiding authorities.

Article 62. Data connection and sharing

1. Data connection and sharing between road database and other databases, field-specific databases shall be implemented via data sharing services.

2. Data connection and sharing between road database and other databases of ministries, central departments, and local governments shall be implemented by default in accordance with regulations of the law on digital data management, connection, and sharing of state authorities on the basis of agreement between the Ministry of Transport and presiding authorities pertaining to scope, method, and structure of connected data, responsibilities of the parties in maintaining safety, information security and protecting personal data.

Article 63. Responsibilities of organizations and individuals managing road database

1. Comply with this Decree and relevant provisions of the law pertaining to management, operation, and use of road database.

2. Not provide data supplied by competent authorities to a third party for access and use unless otherwise agreed by presiding authorities of road database.

3. Promptly inform presiding authorities about data errors.

Chapter VIII

SMART TRAFFIC MANAGEMENT SYSTEM

Article 64. General provisions on smart traffic management system

1. Smart traffic management system provides the following smart traffic services:

a) Road traffic management, supervision, and coordination;

b) Road traffic e-payment;

c) Vehicle management;

d) Provision of traffic information.

2. Smart traffic management system consists of:

a) Expressway management and coordination system;

b) Traffic e-payment system;

c) Urban traffic management and coordination system, including: traffic light system; traffic camera system;

d) Vehicle management system, including: system for managing data of tracking devices and driver-facing camera; vehicle load control structure; technical system and equipment for motorized vehicle load control and inspection;

dd) Monitoring system for road traffic security, order, and safety;

e) Management system for road database;

g) Management system for road traffic order and safety database.

3. Road traffic light system; traffic and junction camera system; management system for data of tracking devices and driver-facing camera; ; technical system and equipment for motorized vehicle load control and inspection; supervision system for road traffic security, order, and safety; management system for road traffic order and safety database shall be compliant with the Law on Road Traffic Order and Safety.

4. Traffic e-payment system shall conform to Decree No. 119/2024/ND-CP dated September 30, 2024 of the Government.

5. Vehicle load control structures shall conform to Clause 4 and Clause 5 Article 39 of the Law on Road.

6. Management system for road database shall conform to this Decree.

Article 65. Principles in development, management, operation, and use of smart traffic management system

1. Development, management, operation, and use of smart traffic management system must adhere to procedures, principles and ensure continuous operation and connection between elements of smart traffic management system.

2. Smart traffic management system shall be developed on the following principles:

a) The system must be capable of integrating, storing, analyzing data for management, operation, maintenance of road infrastructures;

b) The system must support transport operations and road traffic e-payment;

c) The system provides smart traffic services;

d) The system must be connected and sharing data with traffic coordination centers and relevant agencies, organizations.

3. Management, operation, and use of smart traffic management system shall be compliant with the following principles:

a) Elements of smart traffic management system shall be managed, operated, and used in a manner compliant with regulations of the law on information technology, data management on internet environment, protection of government secret, and information safety;

b) State management demands in road sector are promptly satisfied; national defense and security requirements are met;

c) Veracity, accuracy, and objectivity are guaranteed;

d) Scientific property and convenience for operation and use are guaranteed;

dd) Up-to-date, adequate, and systemic properties are guaranteed;

e) Data is used for the right purposes.

Article 66. Expressway management and coordination system

1. Expressway management and coordination system shall be established to assist traffic coordination management and supervision, operation and maintenance of expressways upon operation. The system collects, processes, decides, transmits information, control order to management devices and road users in order to promptly acknowledge operating conditions, cooperate in taking actions, improve quality and effectiveness of expressway coordination via expressway management and coordination centers.

2. Expressway management and coordination centers shall be compliant with Article 53 of the Law on Road.

Chapter IX

IMPLEMENTATION

Article 67. Amendment to relevant Decrees

1. Amend Clause 1 Article 13 of Decree No. 56/2019/ND-CP dated June 24, 2019 of the Government:

“1. Primary details of road infrastructure planning, detailed planning for sea ports, docks, wharfs, floating docks, waters, coastal land, port waters, development of dry dock system, railway system, railway stations shall be compliant with Clause 2 Article 1, Clause 6, Clause 10 Article 2, Clause 2 Article 3 of the Law on amendments to 37 Laws relevant to planning.”.

2. Amend Clause 1 Article 3 of Decree No. 28/2021/ND-CP dated March 26, 2021 of the Government:

“1. Financial plans of PPP projects must adequately reflect legitimate expenditure and revenues during investment preparation, implementation phase, and during operation of PPP projects, unless otherwise specified by regulations of the law.”.

3. Amend Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government as follows:

a) Amend Section V.1 Part D Form No. 1 Appendix II:

“- Revenues: determine project revenues of each year (basic revenues, maximum revenues, minimum revenues) on the basis of estimation of demand; price, costs of products, services, and other revenues of the projects (review legal basis in order to determine price and costs; estimate price, cost increase), unless otherwise specified by regulations of the law.”.

b) Amend Section V.1 Part D Form No. 1 Appendix III:

4. Amend Point d Clause 2 Article 4 of Decree No. 115/2024/ND-CP dated September 16, 2024 of the Government as follows:

“d) Investment projects for rest areas as per road laws unless rest areas are built together with PPP projects or the Government selects investors for operation or upgrade, renovation, expansion, modernization, operation in accordance with public asset management and use laws or rest areas are incorporated in PPP projects for expressways.”.

Article 68. Entry into force

1. This Decree comes into force from January 01, 2025.

2. If documents referred to in this Decree are amended or replaced, the new documents shall prevail.

3. This Decree replaces:

Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government.

Decree No. 100/2013/ND-CP dated September 3, 2013 of the Government.

Decree No. 64/2016/ND-CP dated July 1, 2016 of the Government.

Decree No. 125/2018/ND-CP dated September 19, 2018 of the Government.

Decree No. 117/2021/ND-CP dated December 22, 2021 of the Government.

Decree No. 01/2024/ND-CP dated January 1, 2024 of the Government.

Decree No. 32/2014/ND-CP dated April 22, 2014 of the Government.

Decree No. 25/2023/ND-CP dated May 19, 2023 of the Government.

4. Annul Article 1 of Decree No. 70/2022/ND-CP dated September 27, 2022 of the Government.

Article 69. Transition clauses

1. In respect of active roads where road margin markers have been installed, adjustment and re-installation of road margin markers shall be implemented in case road margin of roads or road segments affect traffic order and safety or in case technical grade of road is changed according to approved planning.

2. Where construction of advertising panels, motivation panels, political propaganda panels, infrastructures within radius of active road is approved before the effective date hereof, implementation shall conform to written approval.

3. Training service providers for road traffic safety inspectors approved before the effective date hereof may operate in accordance with written approval; holders of road traffic safety inspector certificate issued before the effective date hereof shall operate in accordance with certificate and expiry date in the license.

4. Name and number of roads that do not conform to this Decree shall be changed before January 1, 2026 except for cases detailed under Clause 3 Article 11 of the Law on Road.

5. Investment projects and maintenance work on national highways under Article 4, Article 5, and Article 6 hereof:

a) In respect of contracts for management, operation, and maintenance of national highway infrastructures using central government budget where relevant road authorities have signed contracts before the effective date hereof, the parties shall negotiate and sign an appendix that contains revisions to such contract in order to transfer rights and obligations to provincial People’s Committees (or agencies authorized or delegated by provincial People’s Committees) to enable provincial People’s Committees to resume contract execution from the date on which road traffic infrastructures are delivered from central government to local government and competent authorities transfer state budget estimates from Ministry of Transport to local government for execution of these tasks;

b) In respect of projects for construction and/or repair of road structures and other maintenance work (hereinafter referred to as “projects”) approved before the effective date hereof, project developers shall resume execution until the projects are finished and entered into operation;

c) In respect of investment projects for construction or repair of road structures and other works where consultants for project development and other relevant contractors have been selected and where project approval has not been granted as of the effective date hereof, implementation may resume until project approval is granted. Delivery of projects to provincial People’s Committees (or agencies authorized or delegated by provincial People’s Committees) shall be implemented after competent authorities revise government budget estimates transferred from Ministry of Transport to local governments for project execution;

d) In respect of consequences of natural disasters on national highways that have not been delivered to local governments, agencies in charge shall conform to regulations of the law on natural disaster preparedness, control, remediation, and rescue in road sector until remediation work is complete in order to maintain safe, coherent traffic and protect road structures;

dd) In respect of national highways built under PPP investment projects in which the Ministry of Transport acts as competent authority and where the projects are in execution stage, such national highways shall be delivered to provincial People’s Committees after project contracts are concluded or in accordance with agreement between the parties pertaining to deliver of road structures and infrastructure assets prior to contract conclusion as per PPP investment laws.

In respect of national highways built under PPP investment projects delegated to provincial People’s Committees by Prime Minister, Article 4 through Article 6 hereof shall be implemented immediately following termination of project contracts or in accordance with agreement between the parties pertaining to deliver of road structures and infrastructure assets prior to contract conclusion as per PPP investment laws.

Article 70. Responsibility for implementation

1. Ministries, ministerial agencies, provincial People’s Committees shall have the responsibility to review, amend, and replace existing legislative documents in order to conform to this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree./.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER

Tran Hong Ha

Decree No. 165/2024/ND-CP on elaborating the Law on Road and Article 77 of the Law on Road Traffic Order and Safety

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