Circular No. 52/2013/tt-Bgtvt: Regulation On Management, Exploitation And Maintenance Of Road Works

Original Language Title: Thông tư 52/2013/TT-BGTVT: Quy định về quản lý, khai thác và bảo trì công trình đường bộ

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Regulatory CIRCULARS on the management, exploitation and maintenance of road works _ _ _ _ _ _ _ _ _ _ _ pursuant to the law building on November 26, 2003;
Pursuant to the law on road traffic, November 13, 2008;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on the maintenance of construction works;
Pursuant to Decree No. 11/2010/ND-CP dated 24 February 2010 of the Government regulations on the management of infrastructure protection and road traffic; Decree No. 100/2013/ND-CP dated 3 September 2013 of the Government revising, supplementing a number of articles of Decree No. 11/2010/ND-CP dated 24 February 2010 of the Government regulations on the management of infrastructure protection and road traffic;
Pursuant to Decree No. 10/2013/NĐ-CP on 11 January 2013 of the Government regulating the management, use and exploitation of infrastructure assets of road traffic;
Pursuant to Decree No. 18/2012/NĐ-CP on March 13, 2012 of the Government on road maintenance Fund;
Pursuant to Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works;
Pursuant to Decree No. 108/2009/ND-CP on November 27, 2009 by the Government on investment in the form of construction contract-business-transfer, build-transfer-construction contract-transfer; Decree No. 24/2010/ND-CP on January 5, 2011 by Government amendments and supplements to some articles of Decree No. 108/2009/ND-CP on November 27, 2009 by the Government on investment in the form of construction contract-business-transfer, build-transfer-business, construction contract-transfer;
At the suggestion of the Director of the transportation infrastructure and the General Director of the Bureau of roads in Vietnam;
The Minister of transport issued a circular regulating the management and maintenance of public buildings, roads, chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular the provisions on the management and maintenance of road works, including the maintenance and exploitation of road works; content management and implementation of maintenance of road works. This circular does not regulate the management, exploitation and maintenance for Highway works.
2. This circular apply to organizations and individuals related to the management, exploitation and maintenance of road works on the territory of Vietnam.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. maintenance of road works as predefined jobs to ensure and maintain the normal work, the safety of works under the provisions of the design during the extraction process, use.
2. Maintenance of road works is specified on order content and instructions to perform the maintenance work of road works.
3. the Central road network including highway and other roads in the scope of management of the Ministry of transportation.
4. The system of local roads include the sugar, sugar, sugar, sugar Township district municipality and the other in the scope of management of the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee), the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) The people's Committee, communes, wards and towns (hereinafter the township-level people's committees).
5. road management agency is Vietnam road administration, Bureau of management, the Department of transportation, district-level people's Committee, the people's Social Committee.
6. enterprises investing in the construction and management of road construction project is an enterprise project enterprise, other BOT and State enterprise investment and construction, traffic management, road works and mining.
7. The owner of road works is specialized organizations, individuals possessing specialized road works prescribed by the law or the Organization, individuals are owners of road works authorized specialized management, exploitation, use and maintenance of specialized road works prescribed by the law.
8. Maintenance of road works is the Organization, individuals are the road administration, investment management and business exploitation of road works, road construction owners task or specialized contracting done one or a number of maintenance and exploitation of works , road. Maintenance of road works include: the management contractor, maintenance and exploitation of road works; repair contractor and other contractors perform the maintenance work of road works.
Article 3. Asked about management, maintenance of road works 1. Road work when put into exploitation, use must be managed, exploited and maintained under the provisions of the road traffic Law, Decree No. 11/2010/ND-CP dated 24 February 2010 of the Government regulations on the management of infrastructure protection and road traffic (hereinafter abbreviated as Decree No. 11/2010/ND-CP) , Decree No. 100/2013/ND-CP dated 3 September 2013 of the Government about amending and supplementing a number of articles of Decree No. 11/2010/ND-CP on January 24, 2010 (hereafter abbreviated as Decree No. 100/2013/ND-CP), Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on the maintenance of construction works (hereinafter abbreviated as Decree No. 114/2010/ND-CP) , Decree No. 10/2013/NĐ-CP on 11 January 2013 of the Government regulating the management, use and exploitation of infrastructure assets of road traffic (hereinafter abbreviated as Decree No. 10/2013/ND-CP), the texts of the relevant legal and prescribed in this circular.
2. maintenance of road works must comply with the provisions of the regulation, maintenance processes, technical standards on maintenance of road works are the competent authorities announced. Implementation of maintenance in accordance with the relevant laws and regulations in this circular.
3. Maintenance of road works was established in accordance with the Department of public works, equipment installation in the works, types of works (roads, bridges, tunnels, ferries, pontoon bridge and other structures), the level of works and the purpose of use of the work.
Maintenance processes are expressed clearly, publicly by Vietnamese on paper, floppy disk or other media. The case of the maintenance process of the works construction by which official development assistance (ODA) by consulting organizations, foreign contractors established in English, the owner or the project management responsibility translated into Vietnamese, before handed operation , use.
4. The management, exploitation and maintenance of road works to ensure traffic safety and smoothly, safety for people and property, safety, fire prevention and environmental protection.
5. The management and maintenance of the works here are made according to the provisions of this circular and the provisions of other relevant legislation, in particular: a) for civil works, infrastructure works municipality: follow the provisions of the law on maintenance works industrial, building materials and technical infrastructure works municipality;
b) for power supply, lighting, traffic signal lights: follow the provisions of the law on maintenance process, the device; the management, planting and care of trees, lawns made under the provisions of the relevant legislation;
c) for installation on the device works: follow the manufacturer's instructions, provide equipment and provisions of relevant legislation;
d) for works against va drifting, adjust the flow value and works related to specialized in inland waterways, irrigation and other works: follow the rule of law.
Article 4. Content maintenance works on road maintenance content including a road works, some or all of the following work: testing, monitoring, quality control, maintenance and repair of road works.
1. check the road work is the consideration by visually or by dedicated equipment to assess the current state of the process in order to detect signs of damage, deterioration of public works to take measures promptly.
2. Monitoring of road works is the tracking, observation, measurement of technical parameters of the construction according to the requirements of the design process in use.
a) The observation of works was made in the case asked to monitor the work of the road works in order to avoid the problem that led to the disaster on people, property, the environment and other cases at the request of the investment decision, the owner, the owner of the work , the road administration and the competent State bodies.
b) in addition to the cases specified in point a of paragraph 2 of this, monitoring the work required for the category of road works prescribed in Appendix I of this circular.
c) The observations made under the provisions of article 13 of Decree 114/2010/ND-CP. 3. Quality control for road works, including the activities to test and determine the quality or conformity assessment of the quality of the work compared to the requirements of the design, technical standards, standards through the review of the current state of the work by the combined with analysis , evaluation of experimental works. The quality control of works on maintenance service of road works made under the provisions of article 12 of Decree 114/2010/ND-CP. 4. Regular maintenance of road structures is tracking activities, care, repair of minor damage, maintenance of equipment installed on road works, are conducted regularly, periodically to maintain the road works in the mining State, normal use and limit the damage of road works.

5. Repair of road works is the operation to fix damaged works discovered in the extraction process, used in order to guarantee the normal work, the safety of road works. Repair of road works including periodic repair and repair, specifically: a) periodic repair works of road repair works are to be carried out according to the plan which aims to restore, improve technical condition of road works that regular maintenance works do not meet including: repair damaged; replace parts of works, buildings and equipment technology equipment being damaged is done periodically in accordance with the maintenance of road works;
b) unscheduled repair works of road repair operations must be performed when abnormal parts of works, buildings damaged by sudden impact resistant as rain storms, floods, earthquakes, fire, collision or sudden disaster impacts or when the expression can cause sudden damage affecting safe use exploitation of the work or have the possibility of incidents leading up to the disaster.
Article 5. The responsibility of individual organizations on management, maintenance of road works 1. The responsibility of the General Directorate of roads in Vietnam: a) General staff help the Minister of transportation of the State management on management, maintenance of road works within the country;
b) organization management, exploitation and maintenance of the central system in the scope of management of the Ministry of transportation;
c) check the road administration, Department of transportation Highway management outsourced in the management, exploitation and maintenance of road works under the standard, the standard rules, the rule of law and the plan was delivered;
d) check the enterprises investing in the construction and management of road works in the management, exploitation and maintenance of road works in Central road system ensuring safety traffic smoothly, according to the provisions of the road traffic Law, Decree No. 11/2010/ND-CP , Decree No. 100/2013/ND-CP, relevant laws and this circular;
DD) annual, general management, use of infrastructure assets road traffic due to road management Bureau and Department of transportation report, reported the Ministry of transport as defined in article 33 of Decree 10/2013/ND-CP;
e) suspension of the contractor on the route are exploited when content violations on road construction license, violation of the guaranteed traffic, traffic safety on roads in the scope of management;
g) decisions and implementation measures for ensuring emergency traffic on the route in the central system in case of need;
h) processed under the authority or the recommendations of competent State agencies handled the Organization, individuals in breach of the management, exploitation and maintenance of road works on the Central road system in the scope of management of the Ministry of transportation;
k) done right, responsibility for the management, exploitation and maintenance of road works under the provisions of the relevant laws.
2. The responsibility of the road authority, the Department of transportation Highway management outsourced: a) directly implement the management, exploitation and maintenance of road works for the assigned routes management, ensuring traffic safety, smoothly;
b) option and signed the contract with the contractor for maintenance of road works prescribed by the law; the monitoring organization, check the maintenance contractor of road works made the content management, exploitation and maintenance of road construction quality assurance, schedule, safety, guaranteed traffic and environmental protection; ensure the regulation of standards, technical standards, maintenance and regulation of this circular;
c) synthesis and reporting of the situation management, exploitation and maintenance of road works in the scope of management;
d) report the situation to manage, the use of infrastructure assets of road transport in the scope of management for the General Directorate of roads in Vietnam before October 1 of every year;
DD) processed under the authority or the recommendations of competent State agencies handled the Organization, individuals in breach of the management, exploitation and maintenance of road works in the scope of management;
e) done right, responsibility in management, road maintenance under the provisions of this circular, the rule of law and the hierarchy, authorized by the General Directorate of roads in Vietnam.
3. The responsibility of the Department of transportation for the local road system: a) the base specified in this circular and related laws, advised the provincial people's Committee, regulating the management, exploitation and maintenance of road works in the scope of management of the provincial people's Committee;
b) done right, responsible governance for the local road system; the Organization implemented the management, maintenance of the roads in the scope of management according to the provisions of the provincial people's Committee and the provisions of the law;
c) report the situation to manage, the use of property infrastructures in local road traffic management, road administration sent to Vietnam before October 1 of every year;
d) done right, other responsibilities for the management and maintenance of road works in the local road system in accordance with the relevant legislation.
4. The responsibility of the people's Committee at district level, the social people's Committee: implementation management, exploitation and maintenance of the district, the town and the other on the door according the provincial people's Committee and the provisions of the law; annual report of the Department of transport management, use of infrastructure assets of road transport in the scope of management.
5. The responsibilities of the contractor management, maintenance, monitoring, mining and other activities for maintenance of road works: a) the implementation of the management and maintenance of the road works are assigned according to the provisions of this circular, normative regulations, technical standards on maintenance or maintenance works , the extraction process (for the mining process works), the content specified in the contract signed with the road administration (or the owner of the road construction business, specialized construction and management of road works) and the provisions of relevant laws;
b) reported the road administration (or the owner of the road construction business, specialized construction and management of road works) on the State of management, maintenance and exploitation of road works under the provisions of this circular and the provisions of the technical standard of regular maintenance maintenance procedures, and other related regulations.
6. responsibility of business investment in the construction and management of road works: a) is responsible to the governing body and the competent organs of the Organization of the management, exploitation and maintenance of road works due to his management, ensure transport safety , smoothly and properly regulated by law;
b) the Executive Inspector, inspection of the competent State bodies and exercise their rights, obligations under the provisions of this circular, the provisions of the relevant legislation;
c) periodically, irregular report Of the Bureau of roads in Vietnam (for road works in central system), the Department of transportation (for road works in the local road system) on the State of management, exploitation and maintenance of works by themselves, according to the provisions of this circular and the regulations of the competent State agencies;
d) in addition to the implementation of the provisions in points a, b and c of paragraph 6 of this article, a BOT project business, other project business responsible to the competent State agencies signed the project on implementing the project to match the investment certificates and the conditions agreed in the contract for the project.
7. The owner works specialized road is responsible for implementation of the regulation in point a, point b paragraph 6 and the provisions of relevant laws.
8. The responsibility of the owner, the contractor building the project to renovate, upgrade, expansion of roads are mined: a) maintenance road work since the date of the handover to the project;
b) implement measures to ensure traffic, guaranteed traffic, join the handle when there's traffic accidents and incidents of works under the provisions of this circular and the provisions of relevant laws;
c) observance of the processing, inspection, checking of road management agencies, the competent State agencies in implementing the provisions of this circular and the provisions of relevant laws.
Chapter II MAINTENANCE and EXTRACTION PROCESS of ROAD WORKS, article 6. Responsible for establishing the process of maintenance of road works 1. For the project to build road works: a) the contractor technical design (for the 3-step design work), the contractor of construction drawing design (design works for 1 or 2 steps) are responsible for setting up and handed the owner maintenance works , Division of works designed by themselves along with the profile design;
b) contractor to provide equipment for installation in buildings is responsible for establishing and transferring ownership of process equipment maintenance by themselves provide before, handing the equipment put into exploitation, use;
c) case design contractor, the contractor providing the equipment specified in point a and point b paragraph 1 this does not set the maintenance process, the owner hired consulting organizations that qualify under the provisions of the law to establish maintenance procedures. Funding consultancy organizations hire maintenance cost from the contract concluded with the contractor, designer or contractor to provide equipment.
2. for works that are used but not yet have maintenance, road administration, enterprises investing in the construction and management of road works, road works owner held up or hire specialized consultants established maintenance process works road.
3. Not required to establish procedures for maintenance works, the following projects:

a) temporary works, unless the law otherwise. For this case, the road authority, owner of the professional road works must still perform maintenance organization under the provisions of Decree No. 114/2010/ND-CP and the provisions of this circular;
b) works, projects had to have technical standards, standards of maintenance are the competent bodies.
Article 7. Content and establish base maintenance of road works 1. Content maintenance works was established to ensure cover entire parts of works under the provisions of paragraph 3 article 6 of Decree 114/2010/ND-CP DATED. 2. Set base maintenance of road works include: a) technical standards, standards applicable to the work;
b) maintenance of similar works (if any);
c) profile design (including design profile adjustment, if applicable), the technical guide from the construction works;
d) instructions of manufacturers, supply and installation of the equipment in the works;
DD) natural conditions where construction works;
e) management experience, use of buildings and equipment for installation in buildings;
g) The relevant regulations of the competent State bodies.
3. With regard to the work already put into use console, but no maintenance, in addition to the provisions in paragraph 2 of this article, the process of maintenance have to base on the finished record works, drawings and the ability to exploit the fact of works.
Article 8. Appraisal and approval process for maintenance of road works 1. For the project to build road works, the evaluation, approval, maintenance procedures comply with the provisions of article 7 of Decree 114/2010/ND-CP DATED. 2. For the works was mined but no maintenance, responsible for appraising, approving the following: a) to the central system uses the Central road maintenance Fund, which the State budget, which is native to the State budget, the Department organized transport appraisal approved maintenance procedures, the following works: street level especially, the tunnels using ventilation equipment and special requests work, level I, bridge works, tunnel using new technologies, new structures, new materials.
Vietnam Road Administration appraisal, approval process for maintenance of road works using the Central road maintenance Fund, which the State budget, which is native to the State budget, except in the works by the Ministry of transport for approval.
State enterprise of the Ministry of transport was given construction, exploitation and maintenance of road works, appraised, approved maintenance procedures for the use of business capital.
b) for local road system, the provincial people's Committee rules the Organization of appraisal, approval or decentralized evaluation, approved maintenance works, road;
c) for the construction of road construction and exploitation under the BOT contract form and the form of the contract of another project, the project business (investors) are responsible for the Organization, appraisal, approval, maintenance procedures after the agreement with the State bodies are competent to contract projects;
d) for specialized lines, owner of the specialized road construction is responsible for the organisation, evaluation and approval of the maintenance process in accordance with Decree No. 114/2010/ND-CP and the provisions of this circular.
3. The organization has the responsibility to approve the maintenance assessment consultant can hire a part or the whole maintenance process works, before approval.
Article 9. Adjust the maintenance of road works in the process of implementation, if the unreasonable factors, affect, the ability to exploit, the quality and longevity of road works, road management, road works owner is entitled to adjust the maintenance procedures and the competent agency specified in clause 2 article 8 of this circular approval of the maintenance process adjustments.
Article 10. The process of extraction of road works 1. The process of extraction of road works is the instructions, instructor of design consultants, suppliers of equipment, technology rules the way, sequence, content extraction and use of works, equipment installation in order to ensure the exploitation of works in the right capacity, capacity , ensure safety, maintaining the longevity of works, the device works as designed.
Content extraction process of road works to ensure the rules on the organisation of traffic, load, speed, vehicle components, layout of lanes, order up, down to the dock, pontoon bridge, the sequence operation the equipment installed in the works, the rules on rescue fire safety, and other related content.
2. The works must have the mining process: a) the bridge, the bridge takes off, use lifting equipment, down;
b) roads, ferry road bridge;
c) tunnels that use the equipment to service management, the exploit works;
d) technology equipment installed at the station costs;
DD) technology equipment installed at the test station vehicle load;
e) traffic monitoring system, equipment for traffic control technology;
g) other circumstances as stipulated by the competent State Agency, the Authority decided to invest, the owner, the owner of the work.
3. responsibility in the preparation, appraisal, approval process of extraction, the extraction process adjustments made as for maintenance of road works prescribed in articles 6, 8 and 9 of this circular.
4. set base extraction processes, including: a) the profile design;
b) function, capacity, features, device properties in the installation works;
c) of the manual, documentation, training to operate equipment and buildings;
d) Regulations guaranteed traffic, traffic safety, occupational safety and environmental protection;
DD) other contents prescribed in clause 2 article 7 of this circular.
Article 11. Documents management, exploitation and maintenance of road works 1. The document serves the management, exploitation and maintenance of road works, including: a) The legal text, the minutes of trials related to the investment projects of construction and completion of the work put into use;
b) profile construction drawing design (including design, tuning, if any);
the completed drawing c);
d) The documentation of use, operate the equipment, technological lines installed on the work (if any);
landmark stakes record) has compensated the actual clearance; land use right certificate of infrastructure works serve the management of road works, if available; landmark stakes hallway system road safety;
e) document records traffic safety assessment (if any);
g) maintenance; the extraction process works (if any);
h) profile documentary on traffic organization (if any);
I) initial state records ("0") for the construction of bridges, tunnels (if available).
k) diary downloads the road, bridge, tunnel history records, registration records, the average map stretch; the statistical report documents exploitation situation of road works; the tape, disk, take pictures of the condition of buildings and the materials of other shooting stars;
l) documents, text handling administrative violations related to land for roads (if available);
m) documents related to testing, monitoring, inspection, repair and exploitation activities, maintenance of road works;
n) counting cars on the road, the car traffic through the ferries, the pontoon bridge.
2. The liability created, provided, received the document profile in the investment stage built to serve the mining and maintenance of road works as follows: a) for road works are new construction, renovation, upgrading, expanding, the owner held up, handing the document specified in the point a , b, c, d, e, f, g, h and i of paragraph 1 of this article for the road administration before putting the work into the harness, use. When delivered, the party and the receiving party must check the status of records and established category console console profile;
b) for projects to repair roads due to works as owner, Manager, business investment in the construction and management of road works, road works owner used to perform the tasks specified in point a of paragraph 2 of this Article;
c) for road works are exploiting, maintenance of road works is responsible for making the document prescribed in points k, l, m and n paragraph 1 and subject to the test of road management agencies, corporate investment and construction and management of road works , owner of road works;
Chapter III PUBLIC WORKS MANAGEMENT ROADS in article 12. The content management of road works 1. Management, using the completed drawing, maintenance of road works.
2. Establish, manage, use the records in the period of exploitation of the work by road.
3. Implementation management, infrastructure protection of road traffic.
4. Tracking, status update failure, degradation of road works.
5. transportation organization, guaranteed traffic, vehicle count, handled when there are traffic accidents, and when there is trouble.
6. The management of the truck, oversized vehicles are tracked, limit traffic on the roadway was made according to the legal texts relevant to article 13. Management, using the completed drawing, maintenance of road works 1. The responsibility of the road authority: a) the retention of the original drawings, complete maintenance records and other documents upon receipt of construction project owner as defined in article 11 of this circular;
b) copy the completed drawing, maintenance procedures and records other documents to hand over to the contractor for maintenance of road works;
c) directing the management contractor, maintenance and exploitation of works made the provisions in paragraph 2 of this Article.
2. The liability of contractor management, maintenance and exploitation of works: archive, use the complete drawings, maintenance works, the extraction process (if any) and the document is delivered to the management, exploitation and maintenance works.

3. enterprises investing in the construction and management of road works, road works owner responsibilities such as specialized rules for road management agencies prescribed in paragraph 1 of this article with respect to road works by themselves.
Article 14. Establishment, management and use of records in the period of maintenance of road works 1. The responsibility of the road authority: a) direction, check out the contractors in maintenance phase implementation of the provisions in paragraph 2 and paragraph 3 of this article;
b) storage, use document profile in the maintenance period under the provisions of this circular.
2. The contractor management, maintenance and exploitation of public works is responsible for, set up, manage and use the following document profile: a) the criminal history records of bridges, tunnels, road registration records; updated, additional status change works, tunnel, road;
b) file management (the average map stretch) corridor road safety; 3 months recurring updates, addition of the offending situation arises, relief, dismantling buildings violate safety corridor and land of the roadway; set up profile management position and connecting the essential works within the corridors and road safety;
c) log the downloads (for roads and bridges, culverts); logging or mining logs and tunnels, ferries, a pontoon bridge, the bridge, the bridge and take other peculiarities;
d) reporting the situation management, exploitation and maintenance of road works;
DD) set up, manage and use the other documentation records in accordance with the technical standards of maintenance and maintenance is browser.
3. The liability of the other bidders: a) survey design contractor, contractor repair works is responsible for making the survey, design, drawing and perform other content under the provisions of law developed in the project to build road works;
b) auditing contractors, inspection, observation of the process of reporting the results according to the approved outline; perform other tasks as prescribed by law for the project construction, 4. Business investment in the construction and management of road works, road works owner responsibilities such as specialized rules for road management agencies prescribed in paragraph 1 of this article with respect to road works by themselves.
Article 15. Implementation management, protection of road works 1. The responsibility of the road authority: a) held the week check out roads according to the regulations of the Ministry of transportation;
b) implementation of the rules on the management of infrastructure protection, road traffic under the provisions of Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP and the provisions of relevant laws; make the prevention, combating and overcoming the consequences of flooding, storm according to the regulations of the Ministry of transportation and the provisions of this circular;
c) make the content on management, maintenance of road works according to standard rules, technical standards on maintenance and maintenance of road works;
d) held up, the maintenance plan according to the rule of law; held up, appraisal, approval of the technical-economic report or project to repair the road works prescribed by the law; tender, order, delivery of planned maintenance and contract delivery contractors perform maintenance works;
DD) test monitoring, maintenance of road works made the provisions of the contract.
2. The liability of contractor management, maintenance and exploitation of works: a) patrol organization, check and protect infrastructures under the road traffic regulations of the Ministry of transportation;
b) make the content on the management and protection of infrastructure according to the road traffic regulations of the road traffic Law, Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP and the regulations of the Ministry of transportation; implement prevention and remedial flood, storm under the provisions of the laws and regulations of this circular;
c) make the content on management, maintenance of road works according to the technical standards, standards of maintenance, maintenance of road works and the contract signed with the road administration, owner of road works.
3. enterprises investing in the construction and management of road works, road works owner responsibilities such as specialized rules for road management agencies prescribed in paragraph 1 of this article with respect to road works by themselves.
Article 16. Tracking, status updates, down to the level of road works 1. The responsibility of the road authority: a) organize periodic, unscheduled inspections and reviews damage, degradation of the works;
b) check, supervise contractors urge management, maintenance and exploitation of works done to the contents specified in paragraph 2 of this Article;
c) updated, general situation of damaged works in the scope of management for building maintenance plan, reporting organization and the authorized repair, fix damaged to ensure road traffic safety, smoothly.
2. The liability of contractor management, maintenance and exploitation of works: a) regular monitoring and updates the status of the quality of the works were delivered timely, management discovered the phenomenon of corruption, degradation of the works, equipment installation in the works;
b) quarterly reports on the situation of the quality of road works are assigned management, maintenance; irregular reports when appear damaged affecting road safety, safety of works;
c) made the other work under the provisions of the standard rules, technical standards on maintenance and maintenance of road works.
3. enterprises investing in the construction and management of road works, road works owner responsibilities such as specialized rules for road management agencies prescribed in paragraph 1 of this article with respect to road works by themselves.
Article 17. Traffic organization, guaranteed traffic, vehicle count and handle when there is traffic accidents, handled when incidents of road works 1. Traffic organization: a) the responsibility of the road authority, other relevant agencies in the Organization of transport, content organization traffic follow prescribed in article 37 of law road traffic;
b) owner and building contractor, contractor repair on the road is mined responsibly implement measures to ensure traffic according to the provisions of the road traffic Law, Decree No. 11/2010/ND-CP, Decree No. 100/2013/ND-CP and regulation, the Ministry of transportation;
c) contractor management, maintenance and exploitation of road works are responsible for performing the work on organizing the traffic in accordance with contract management, maintenance and exploitation of road works.
2. ensure Direct traffic: a) the road administration is responsible for the direction, check the contractor management, maintenance and exploitation of road works in direct traffic and ensure the implementation of measures to ensure traffic when there are traffic jams, construction issues;
b) Investor, construction contractor on the roads are mined, the contractor repair the road works have direct responsibility to ensure traffic and implement measures to ensure traffic for the ramp is constructed in the following cases: road surface were narrow belts , the ramp must be used the temporary bridge, road, avoiding overflow and submerged; the location of hazards and traffic jams; implementation of the regulation on environmental hygiene;
c) organizations and individuals implement the users online, guaranteed traffic prevention and remedial flood, Typhoon according to the regulations of the Ministry of transportation;
d) Enterprise investing in the construction and management of road works, road works owners professional responsibilities as specified in point b paragraph 1 and paragraph 2 of this Article.
3. Count the cars: a) the road administration is responsible for examining, monitoring the implementation as defined in point b of this clause of the contractor; General, kept counting cars on the roads in the scope of management;
b) contractor management, maintenance and exploitation is responsible to perform the following: counting the cars on the road, as the number of vehicles involved in traffic going on each ferry, ferries of the day, month, quarter and year; report the results of counting cars for road management agencies;
c) Enterprise investing in the construction and management of road construction is responsible for organizing the car count for the assigned route management, report results counting for the competent State agency contracting projects, road administration, the competent State bodies.
4. When there is a traffic accident occurs, the Organization, the individual concerned must comply with the provisions of article 38 the law on road traffic.
5. When there is trouble, the Organization, the individual concerned must comply with the provisions of the construction Act, Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works and the provisions of relevant laws.
Chapter IV IMPLEMENTATION of MAINTENANCE of ROAD WORKS Article 18. Establish, approve and regulate maintenance plan of road works 1. Maintenance planning of road works using state capital: a) General Directorate of roads in Vietnam is responsible for planning the maintenance system of the central street used state capital (in the form prescribed in annex II of this circular), including: maintenance of the Central Road Fund which State budget, ODA, the capital source from the exploitation of infrastructure assets of road traffic and the legitimate capital;
b) provincial peoples Committee regulating the maintenance plan for the local road system in the scope of management;

c) content planned maintenance works of roads every year including: plan regular maintenance works, plans to repair works of road for each line (the line) and the other work (if any). Planned maintenance of road works must documented the following information: name, category of home; units, volume, cost of implementation; execution time; implementation modalities and priority.
2. Approval of the planned maintenance of road works using the State capital;
a) Ministry of transportation approved the plan of the Central road network maintenance by the General Directorate of roads in Vietnam, and in other cases by the authority;
b) approval for planned maintenance system of local roads using local budget funds and fund local road maintenance made under the provisions of the provincial people's Committee and the provisions of the law.
3. Order and approval procedures of plan of maintenance of road works in Central road system: a) General Directorate of roads in Vietnam, planning and maintenance cost estimation of road works, the Ministry of transport before 15 June each year;
b) Ministry of transportation approved assessment, planning and estimation of funding maintenance of road works ahead on 15 July; General planning and maintenance expense estimates on revenue estimates, the annual State budget of the Ministry of transport, the Ministry of Finance before April 30 each year;
c) on the basis of the decisions of revenue estimation, the State budget expenditure of the Ministry of finance, the Ministry of transportation announced financing currency, the State budget submitted for the General Directorate of roads in Vietnam, including the portion of funding for maintenance of road works;
d) Vietnam road administration of your organizations project list, category and volume of urgent work to be done, responsible for planning and estimating the expense of maintenance of road works, the Ministry of transport at the latest 15 days from receipt of the notice specified in point c of this paragraph;
DD) Ministry of transportation approved appraisal, planning and estimating the expense of maintenance of road works, traffic expense budget for estimates Of the Bureau of roads in Vietnam.
4. Adjust the planned maintenance of road structures using state capital: a) the maintenance plan of road works in Central road system was adjusted and supplemented in the process to fit the actual conditions. The Ministry of transport of the decision adjusting the maintenance plan of the central system.
b) adjusting, additional system maintenance plan local roads due to the provincial people's Committee.
5. The preparation, appraisal and approval of the planned maintenance for road construction by State enterprises under the Ministry of transportation construction investment, managing, exploiting but not in the form of the contract of the project as follows: business held up, the Ministry of transport appraisal in case of approval, the use of State budget, which is native to the State budget to maintenance management; the business held up, evaluation and approval of the maintenance plan in the case of use of capital of businesses.
6. With regard to the work the BOT and other project works, maintenance plan and maintenance costs of road works every year must be specified in the project contract, as a base for maintenance of road construction in the period of exploitation of the work. Investors, project business planning maintenance of road works, send the competent State agencies signed the project agreement approval prior to implementation.
The case project contracts not yet specified planned maintenance and maintenance costs of road works, the State Agency has the authority to sign contracts and projects for investors, business project based economic norm-current engineering, capital productivity maintenance of road works similarly to additions to the project contract.
7. The creation, approval and maintenance plan adjustment of road works do not belong to the scope defined in paragraph 1, 2, 3, 4, 5 and 6 of this paragraph follow the provisions of article 10 of Decree 114/2010/ND-CP. Article 19. Perform planned maintenance of road works 1. For the Central road system by the Ministry of transportation management, the implementation of planned maintenance as follows: a) the base planned maintenance works of roads annually are approved, the General Directorate of roads in Vietnam held implemented as specified.
b) case of road works by State enterprises under the Ministry of transport construction and management but not in the form of the contract of the project, the base business plan approved maintenance organization to implement under the rules;
c) Ministry of transportation inspection organization, monitoring the implementation of planned maintenance works of road for the cases specified in point a and point b of paragraph 1 of this Article and the case is the competent State agencies signed the project stipulated in paragraph 3 of this article.
2. The organization perform planned maintenance system of the people's Committee of local authority regulations.
3. for the work the BOT and other project works, project business plans and base maintenance costs prescribed in clause 6 of this circular 18 Articles to the Organization perform maintenance of road works, ensuring traffic safety and smoothly.
State agency contracting authority responsible for monitoring the project, check the project business perform maintenance plan maintenance specified in the contract; detect and handle business projects if there is violation of regulations on the management and maintenance of road works prescribed by the law and the contract of the project was signed.
4. for specialized road works, road works owner specialized implementation planned maintenance works of road investment by themselves and submit to inspection, supervision of State administration under the rules.
5. Repair of road works irregularly in the central system by Ministry of transportation management is done as follows: a) for public works, Department of public works damaged by the sudden impact resistant as rain storms, floods, earthquakes, fire, collision or sudden disaster impacts others , it is necessary to conduct emergency repairs which is not in the approved maintenance plans, the Department of transportation for authorization Of the Bureau of roads in Vietnam decided to approve and implement to ensure traffic safety and safe works;
b) Vietnam's Road Administration is responsible for the use of funding and implementation modalities for the unscheduled repair cases specified in point a of this paragraph; the Department of transportation reports the results of unscheduled repairs of road works.
Article 20. Inspection, maintenance, repairs and reviews the safety of road works 1. Maintenance of road works made the inspection, maintenance, repair of road works under a contract of maintenance and maintenance works are; the Organization reviews the safety works when needed.
2. Inspection, maintenance, repair of road works made under the provisions of clause 2, 3, 4 and 5 article 11 of Decree 114/2010/ND-CP and the provisions of this circular.
3. Reviews the safety of road works through the quality control of works done according to the provisions of article 12 of Decree 114/2010/ND-CP article 21. Quality management in the construction of road maintenance 1. Road management agencies, corporate investment and construction and management of road works, road works, owner, investor specialized maintenance project of road works, maintenance of road works and the institutions and individuals who are related to the work of maintenance of road structures responsible for implementing quality management of road works as a rule of construction Law, Decree No. 15/2013/ND-CP, Decree No. 114/2010/ND-CP and the other provisions of the relevant laws.
2. the competent State agencies signed the project test project business in the performance of maintenance work, ensure the quality prescribed by law, prescribed in the contract and the provisions of this circular; If the detection quality violation when performing maintenance works, are processed according to the provisions of the law on construction and regulation of the contracts of the project. Quality violations affect traffic safety but not be remedied promptly, competent State agencies signed the project decided to suspend the extraction works, suspend the charge if necessary until the completion of the project business overcome quality violations and implement measures to ensure traffic safety safety works.
3. maintenance records of road works was established according to the provisions in clause 2 article 14 of Decree 114/2010/ND-CP and the provisions of this circular.
4. The warranty period repair works of road works under the provisions of article 14 paragraph 3 of Decree 114/2010/ND-CP. Article 22. Perform maintenance for road works are exploiting but no maintenance procedures 1. For road works are exploiting but no maintenance, road management agencies perform the following operations: a), the competent authority specified in article 8 of this circular building plan approval process for maintenance for the road works were put into exploitation but yet have the maintenance procedures as defined in paragraph 2 Article 6 of this circular;
b) survey, examine and evaluate the quality of the current state of road works;
c) held up the maintenance process, the competent agency regulation, in article 8 of this circular to appraise, approve the maintenance process;
d) within a period not yet issued maintenance, road administration, maintenance of road structures perform maintenance works under the provisions of Decree No. 114/2010/ND-CP and the provisions of this circular.

2. enterprises investing in the construction and management of road works, road works owner used to perform the tasks specified in points b, c and d clause 1 of this article with respect to the work by themselves.
Article 23. Handle to the process, the Department of public works road damaged does not guarantee safety for the extraction, works out the design lifetime 1. Road management agencies when works or parts of works, equipment installation in the project manifest degradation in quality, does not guarantee safety for the exploitation, use, is responsible for implementation of the provisions of article 18 of Decree 114/2010/ND-CP and the following rules : a) the inspecting, testing, reviews the current state of quality works;
b) direction, check the contractor management, maintenance and exploitation of works done in the regulation, in paragraph 2 of this Article;
c) organize repair fix damaged to ensure traffic safety, safety works when use, exploitation works;
d) report the Agency and the competent authorities;
2. The contractor management, maintenance and exploitation of public works is responsible for: a) regularly monitor, check the work and made the week to promptly detect works or parts of works, equipment installation on buildings damaged, degraded quality, does not guarantee safety for the exploitation use and to immediately report to the authorities, the owner of road works;
b) when damaged, down to the level of quality that affect safety harness, must perform the work: organizing users ensuring transportation, regulate traffic as necessary; make the solution to fix the damaged to ensure traffic; where necessary, recommendations on road management agencies held sea limited plugging the load, speed means, make appropriate measures to restrict or suspend the mining process if not safe;
c) when implementing measures to limit or suspend the extraction of road construction works specified in point b of this clause, the contractor management, maintenance and exploitation of public works is responsible for taking measures to implement threading, ensuring safety for people and vehicles involved in traffic as assigned , the direction of the road administration, traffic police and the competent State bodies.
3. enterprises investing in the construction and management of road works, road works owners Professional is responsible for implementing the provisions of paragraph 1 and paragraph 4 of this Article; perform or direct the management contractor, maintenance and implementation of road works prescribed in clause 2 of this Thing.
4. The report on the work of road manifest degradation in quality, does not guarantee traffic safety follow the provisions of point b paragraph 1 Article 18 of Decree 114/2010/ND-CP. 5. The case of road work happens in the process of extraction, use, the resolve to follow the provisions of the law on the management of the quality of construction works.
6. The case of road works out the design lifespan but in need of continued use, road administration, enterprises investing in the construction and management of road works, road works owner specialized implementation of the provisions of article 16 of Decree 114/2010/ND-CP; report the competent State authorities decided to allow continued use of road works out the design lifespan as specified in point d paragraph 1, item 2 article 16 and d item 2 Article 26 of Decree 114/2010/ND-CP. Article 24. The approval procedure for the continued use of road works out longevity design 1. The disposal for the construction of roads from level III came down to perform as specified at points a, b and c paragraph 1 article 16 of Decree 114/2010/ND-CP DATED. 2. For road works from level II or above, road administration, enterprises investing in the construction and management of road works, road works owners use sent directly or by post 1 record to the transportation to be reviewed and approved the limited use of the work. The records include: a) petition according to the form prescribed in annex IV of this circular;
b) reported test results, test, evaluate the quality of the work, the result of the repair works;
c) memoranda or documents showing test results, testing, reviews the current state of quality of works;
d) results of the repair works if there is failure to ensure public safety and energy use before considering, decide to continue using the work;
DD) record of construction and maintenance of road works.
3. Regulations on the handling of records: a) case records are not enough according to the provisions in paragraph 2 of this article, within a period of 10 working days, the Ministry of transportation has additional requirements text records;
b) where full profile as specified in paragraph 2 of this article, the Ministry of transport has approved the text continue to use works within 45 working days, counting from the date of the profile. The case is not yet eligible for approval, the Ministry of transportation to have written replies, which stated the reason;
c) receiving records and resulting pay made at The Agency headquarters or by post.
Article 25. Application of standards, technical regulation and technical-economic norms about the maintenance and exploitation of road works 1. Maintenance of road structures often applied, national technical standards, the standard basis on maintenance works by competent authority issued in accordance with the law.
2. repair works of road works must apply national standards; apply technical standards on repair works and the standard rules, technical standards in the construction due to the competent authority issued under the regulations.
3. for works, equipment installation on project basis or standard maintenance processes, in addition to the implementation of the provisions in clause 1 and clause 2 of this standard applies, the maintenance process to maintenance, repair and maintenance works the device, installed at the works.
4. Application of technical-economic norms for maintenance work as follows: a) the work of maintenance works using state capital must apply the technical-economic norms of maintenance by the competent authority;
b) recommended the use of other sources of capital apply technical-economic norms of maintenance specified in point a of this paragraph.
Article 26. Reporting mode to perform maintenance of road works 1. For the Central road system by the Ministry of transportation management, reporting as follows: a) General Directorate of roads in Vietnam transportation Ministry reports the results of planned maintenance of road works before May 22 quarterly last month's quarterly, annually before June 15 in January of the following year;
b) Department of management and the Department of transportation Highway management outsourced report Vietnam road administration the results of planned maintenance works of road for routes within its management quarterly before June 15 of the month last quarter and annually before August 1st of the next year;
c) contractor management, maintenance and exploitation of works in the reporting of road administration or the Department of transportation Highway management outsourced the results of planned maintenance works quarterly road ahead on 10 of the last month of the quarter and annually before 31 December;
d) enterprise enterprise projects, BOT (for road construction investment in the form of the contract of the project), organized by the State transfer or lease management, exploitation of roads, State Enterprise for construction and organization management, extraction of road works report Vietnam road administration the results of planned maintenance works of the road the quarterly before June 15 of the month last quarter and annually before August 1st of next year.
2. With regard to the system of local roads, the provincial people's Committee of regulation of content and accountability report of the road administration in local.
3. The owner works specialized road transportation Department report periodically on the situation of management, specialized road maintenance.
The Department of transportation, the report Of the Bureau of roads in Vietnam the situation management, system maintenance of local roads, the road used in the scope recurring annual management before August 1st of next year.
4. In addition to periodic reports as prescribed in paragraph 1 of this article, the Agency of units specified in the paragraph 1, 2 and 3 of this article are responsible for reporting irregular when unforeseen events affecting road works or at the request of the competent authority.
5. content must report stated the following information: full name, works projects; the volume and cost of implementation; time to complete; These adjustments, arising as compared with approved plans; reviews the results of (according to the approved plan); suggestions and recommendations during the maintenance of road structures (in the form of reports prescribed in Appendix III of this circular).
Article 27. Funds management, maintenance of road works 1. The road maintenance fund under the provisions of Decree No. 18/2012/NĐ-CP on March 13, 2012 of the Government on road maintenance Fund, which the State budget, ODA, the capital source from the exploitation of infrastructure assets of road traffic according to the provisions of the law.
2. owner's Capital road, which specialized in the BOT contract, contract projects, capital of the enterprise was entrusted to build, manage, exploit the road works.
3. The funding of the Organization, the individual under the provisions of article 49 road traffic Law and the other legal capital as defined in article 19 of Decree 114/2010/ND-CP. 4. The management and use of funds for road construction maintenance made under the provisions of the current law.
Article 28. Maintenance costs of road works

1. The content of the items of expenses related to the maintenance of road works including a) costs; investigation evaluation of maintenance works and technical-economic norms to serve the maintenance of road works;
b) costs for planning maintenance of road structures (including survey costs; the cost of establishment, assessment and appraisal plan the maintenance of road works);
c) costs of regular work, check periodically and irregularly;
d) costs of road construction monitoring for project monitoring requirements;
DD) maintenance costs of road works;
e) cost of quality control works when necessary;
g) repair costs of periodic and irregular work;
h) costs, maintenance records management of road works and updated the database infrastructure of road traffic;
I) costs make other jobs related to the management, exploitation and maintenance of road works prescribed by the law.
2. The determination of the cost of maintenance of road works under the guidance of the Ministry of construction, Ministry of finance and the provisions of relevant laws.
Chapter V PROVISIONS Enacted 29. Effective enforcement of this circular effect since October 2 in 2014 and replaces circular No. 10/2009/TT-BGTVT dated 19 April 2010 by the Minister of transport rules on the management and maintenance of roads.
Article 30. Implementation 1. Chief of the Department, the Chief Inspector, the Director of the Ministry, General Director of the Bureau of roads in Vietnam, the Director of the Department of transportation of the provinces and cities under central, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.
2. During the implementation process, if bottlenecks arise, organizations, personal reflections promptly in writing, sent to Vietnam Road Administration Guide or General, reported the Ministry of transport to consider, resolve./.