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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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TRANSPORT DEPARTMENT
Number: 52 /2013/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 12th, 2013

IT ' S SMART

Regulation of Management, exploitation and maintenance

path b There.

____________

Construction of the Law Building on November 26, 2003;

The Road Traffic Law Base November 13, 2008;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

Base of Protocol 114 /2010/NĐ-CP December 6, 2010 the Government on the maintenance of construction works;

Base of Protocol 11 /2010/NĐ-CP February 24, 2010 of the Government Regulation on Management and Protection of the Road Traffic Infrastructure; Decree No. 1. 100 /2013/NĐ-CP 03 September 2013 of the Government amended, adding some of the provisions of the Digital Protocol. 11 /2010/NĐ-CP February 24, 2010 of the Government Regulation of Management and Protection of the Road Traffic Infrastructure;

Base of Protocol 10 /2013/NĐ-CP January 11, 2013 of the Government regulates the management, use and exploitation of the structural property infrastructure;

Base of Protocol 18 /2012/NĐ-CP March 13, 2012 of the Government on Road maintenance Fund;

Base of Protocol 15 /2013/NĐ-CP February 6, 2013 by the Government on the management of the quality of construction works;

Base of Protocol 108 /2009/NĐ-CP November 27, 2009 of the Government on Investment in the form of Building Contract-Business-Transfer, Construction Contract-Transfer-Business Contract Building-Transfer; Protocol No. 24 /2011/ND-CP April 05, 2011 of the Government amended, adding some of the provisions of the Digital Protocol 108 /2009/NĐ-CP November 27, 2009 of the Government on Investment in the form of Construction Contract-Business-Transfer, Construction Contract-Transfer-Business, Construction Contract-Transfer;

On the recommendation of the Chief of the Infrastructure and General Staff of the Republic of Vietnam.

The Minister of Transport for Transport issued a regulatory of management and maintenance of the work, road, and road.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information provides for the management and maintenance of the road work, including the maintenance and extraction process of road work; the management content and organization performs the maintenance of the road work. This information does not regulate management, exploitation and maintenance for highway work.

2. This information applies to organizations, individuals with regard to management, exploitation and maintenance of road work on the territory of Vietnam.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. Maintenance of road work is a collection of work to ensure and maintain normal, safe work of the design by design throughout the course of extraction, use.

2. Road work maintenance process is the regulation of sequence, content, and instructions for the maintenance of road work.

3. Central road system including the highway and other roads within the Department of Transport's management range.

4. Local road system including the province, district roads, township roads, roads and other roads within the administrative scope of the Provincial People 's Committee, the Central Committee of the Central Committee (later known as the Provincial People' s Committee), the District People ' s Committee, the district, the town, the city. The province (later known as the District People's Committee), the People's Committee, the ward, the town (later known as the People's Committee).

5. Road Management Agency is the Directorate General of Vietnam Road, Department of Road Management, Department of Transport, District People's Committee, Social People's Committee.

6. Construction investment business and management of road work mining is a BOT project business, another project business, and a business that is built by the State of the United States, which manages, to exploit the road work.

7. The owner of the dedicated road work is the organization, the individual who owns the dedicated road work by law or organization, the individual who is owner of the road works that is authorized by the authorization, exploitation, use, and maintenance of the dedicated road work. the law.

8. Contractor maintenance contractor is organizations, individuals who are managed by road management agencies, investment businesses, and management of road works, owners of a road work that specializes in the task of delivering a task or signing a contract or a number of public maintenance and mining jobs. Course, road. Contractor maintenance contractors include: management contractor, maintenance and extraction of road work; contractors for repairs and other contractors involved in the maintenance work of road work.

What? 3. Request for management, maintenance of road work

1. Road work when introduced into the harness, the use must be managed, mined and maintained under regulation at the Road Traffic Law, the Digital Protocol. 11 /2010/NĐ-CP February 24, 2010 of the Government Regulation on Management and Protection of the Road Traffic Infrastructure (later abbreviated as Protocol No. 1). 11 /2010/NĐ-CP), Number Protocol 100 /2013/NĐ-CP 3 September 2013 by the Government on the amendment, adding some of the provisions of the Digital Protocol. 11 /2010/NĐ-CP February 24, 2010 (the following is the Digital Protocol) 100 /2013/NĐ-CP), Number Protocol 114 /2010/NĐ-CP December 6, 2010 Government of the Construction of Construction Building (later abbreviated as Protocol No. 1) 114 /2010/NĐ-CP), Number Protocol 10 /2013/NĐ-CP January 11, 2013 of the Government regulates the management, use and exploitation of the property of road traffic infrastructure (later abbreviated as the Digital Protocol) to the United States. 10 /2013/NĐ-CP), the relevant text of the law is relevant and regulated at this message.

2. Maintenance of road work must follow the regulation of maintenance, regulatory, technical standard of maintenance of the ground-based road work authority applicable by the competent authorities. The organization performs maintenance under the provisions of the relevant law and regulations in this Information.

3. The road process maintenance process is established in accordance with the work parts, construction equipment, the type of construction (roads, bridges, tunnels, ferries, buoys and other works), the work level, and the purpose of using the work.

The maintenance process is expressed clearly, openly in Vietnamese on paper, disc or other means. The maintenance process of the maintenance process of the investment building by capital development support (ODA) is due to the consulting organization, foreign contractor in English, the investment holder or project management that is responsible for translating the Vietnamese language before the public hand. Put it in the harness, use it.

4. Management, exploitation and maintenance of road work must secure safe and transparent traffic, safety for people and property, work safety, prevention, fire prevention and environmental protection.

5. The management, maintenance of the work below is done in accordance with the provisions of this Information and the regulation of other laws that are relevant, namely:

a) For civil work, urban engineering infrastructure: implemented by law on the maintenance of civil works, construction materials industry, and urban engineering infrastructure;

b) For electrical work, light lighting, traffic signal lamps: executed by law on maintenance of the type of construction, equipment; management, planting, and care of green trees, the vegetation that follows the regulation of the law that is associated with it. And,

c) For the installation of the installed device: execute the manufacturer's instructions, provide the equipment and regulations of the relevant law;

d) For the anti-collision process, flow-to-flow corrections and processes involved in the specialty of inland waterways, irrigation and other works: the implementation by the law of specialized law.

What? 4. Road maintenance content

The maintenance content of the road works consists of one, some or all of the following work: inspection, observation, quality control, maintenance and repair of road work.

1. The road work test is either visually or using a specialized device to assess the status quo to detect damage, the process of failure of the process to take a timely treatment.

2. Road observational observations are tracking, observing, measuring the technical parameters of the work at the request of the design in the process of use.

a) The observation of the work undertaken in the required cases must follow the work of the road work in order to avoid the incident leading to the disaster of people, property, environment, and other cases at the request of the decision-maker. Investment, investment owners, construction owners, road management agencies and state agencies have jurisdiction.

b) In addition to the specified cases at the point of paragraph 2 This, the mandatory observational policy applies to the works, the prescribed road work category at Annex I of this Wise.

c) The observational implementation in accordance with Article 13 Protocol 114 /2010/NĐ-CP.

3. The quality of the quality of road work that includes test operations and determining the quality or evaluation of the quality of the work relative to the requirements of the design, regulation, technical standard through review of the status quo of the work. By intuition, in conjunction with analysis, evaluation of test figures. The quality control of the work quality maintenance work maintenance works by regulation at Article 12 of the Digital Protocol. 114 /2010/NĐ-CP.

4. The regular maintenance of road work is the tracking, care, repair of minor damage, maintenance of equipment installed into the road work, conducted regularly, periodically to maintain road work in the state of exploitation, using the use of the ground-based equipment. It ' s normal, and it ' s limited to the development of road damage.

5. repairing road work is the damaged repair activities of the work discovered during the extraction process, which is used to ensure normal, safe work of road work. Repairs to the road work include periodic repairs and repair repairs, namely:

a) The periodic repair of road work is the repair operation carried out under the plan to restore, improve the technical state of the road work that maintenance regularly does not meet, including: damaged repair; replacement of the site. work parts, work equipment, and damaged technology equipment are periodically implemented by the regulation of the road work maintenance process;

b) The road to road construction breakthroughs is the repair operation that must be done unusual when the construction department, the work is damaged due to sudden effects such as storm rain, floods, earthquakes, dams, explosions, explosions or other groundbreaking natural disasters. Otherwise, or when the expression can be damaging mutations that affect the safety of use, exploit the work or potentially the incident that led to the disaster.

What? 5. The organization ' s responsibility, personally on management, maintenance of road work.

1. The responsibility of the General Road Directorate of Vietnam:

a) Staff to help the Minister of Transport to transport the state management of management, maintenance of road work within the country;

b) Organization management, exploitation and maintenance of the central road system within the management range of the Ministry of Transport;

c) Check out the Department of Road Management, Department of Transportation to receive the National Highway Management Trust in the management, exploitation and maintenance of road work by standard, regulations, regulations of law and plan delivered;

d) Check out the construction and management investment businesses that exploit the road work in management, exploitation and maintenance of the road work of the central road system that guarantee traffic throughout, safety according to the regulation of the Transport Law. Road, Protocol. 11 /2010/NĐ-CP, Number Protocol 100 /2013/ND-CP, the relevant law and this information;

Every year, the total management situation, which uses the assets of infrastructure infrastructure, is reported by the Roads Administration and Transportation Department, which reports the Ministry of Transport in accordance with regulations at Article 33 of the Census. 10 /2013/NĐ-CP;

e) The suspension of the contractor on the route is exploiting when the detection of a violation of the license content on the road, in violation of the guarantee of traffic, safety of traffic on the route of the management range;

g) The decision and organization to implement emergency traffic assurance measures on the routes of the central road system in the case of need;

h) In accordance with jurisdiction or state agency petitions with the authority to handle the organization, individuals in violation of management, exploitation and maintenance of road work on the central road system within the management range of the Department of Transport;

l) Implematim the right, other responsibility for the management, exploitation and maintenance of the road work under the regulation of the relevant legislation.

2. The responsibility of the Roads Management Bureau, the Department of Transportation receives the National Highway Management Trust:

a) Direct organization implementation of the management, exploitation and maintenance of road work on the routes of management, ensuring safety traffic, transparency;

b) Option and sign contract with the contractor maintenance of the road work by law; organization monitoring, contractor maintenance of the road work maintenance contractor implementation of management content, exploitation and maintenance of the quality assurance road work quantity, progress, safety, communication assurance and environmental protection; ensure the regulations of standards, technical regulations, maintenance processes and regulations of this Smart;

c) The synthesis and report of the management situation, which exploit and maintenance of the road work within the management range;

d) Report aggregation of the management situation, using the asset-based road infrastructure asset to the General Road General of Vietnam before 10 January of the year;

Treatment under authority or state agency petition has the authority to handle the organization, individuals who violate the management, exploitation and maintenance of the road work within the management range;

e) Perform the right, responsibility in management, maintenance of the road according to the provisions of this Information, the regulation of law and hierarchy, the mandate of the General Road General of Vietnam.

3. The responsibility of the Transport Department to the local road system:

a) A regulatory base at this Smart and relevant law, the staff of the Provincial People ' s Committee that regulates the management, exploitation and maintenance of the road work within the management scope of the Provincial People's Committee;

b) exercise the right, responsibility for the management of the state to the local road system; the organization performs management work, maintenance of the lines within the regulatory extent under the provisions of the Provincial People's Committee and the rule of law;

c) The management of the management situation, which uses the assets of the infrastructure of the local local road transport, sent to the General Administration of Vietnam before 10 January of the year;

d) Do the right, other responsibility for the management and maintenance work of the local road system by the regulation of the relevant law.

4. The responsibility of the District People 's Commission, the Social People' s Committee: implementing the management, exploitation and maintenance of the district roads, roads and other roads on the site by the regulation of the Provincial People ' s Provincial Committee and the regulation of the law; every year. The Department of Transportation, which operates the management situation, uses the infrastructure of road traffic within the management range.

5. The responsibility of the contractors of management, maintenance, construction of construction, observational and other activities for the maintenance of road work:

a) Impleming of the management, maintenance of the road work delivered by the regulation of this autoplay, the regulation of the regulation, the technical standard of maintenance or process maintenance process, the process of extraction (for the process works). falls), the regulatory content in the contract signed with the road management authority (or the owner of the dedicated road structure, the construction investment business and the management of the road work) and the regulation of the relevant law;

b) The road management agency report (or the owner of the dedicated road structure, the construction investment business and the management of the road works) on the situation of management, maintenance and exploitation of road work under the regulation of this Smart. And the regulation of the technical standard of regular maintenance, maintenance and other regulation is relevant.

6. The responsibility of the investment investment business and management of road construction:

a) is responsible to the administration of the road management and the competent authorities in organising management, exploitation and maintenance of the road work due to its management, ensuring safety, transparency and the right regulation of the law;

b) Accept of the inspection, examination of the state agency with authority and exercise of rights, obligations under the provisions of this Information, the regulation of the relevant law;

c) periodically, the breakthrough report on the Vietnam Road Directorate (for the road work of the central road system), the Transport Department (for the local road system) on the situation of management, exploitation and maintenance of the company. to be governed by the provisions of this privacy and the provisions of the state authority of the jurisdiction;

d) In addition to implementing regulation at points a, b and c paragraph 6 This, the project business BOT, the other project business is responsible to the state agency that has the authority to sign the project contract on the implementation of the Project in accordance with the First Certificate Certificate. And the terms of the agreement are in the contract.

7. The owner of the dedicated road work is responsible for implementing the regulations at point a, point b paragraph 6 This and the regulation of the relevant law.

8. The responsibility of the investment holder, the successful contractor to build the renovation project, upgrade, expansion of the road that is exploiting:

a) Maintenance of road work since the date of the delivery to the implementation of the project;

b) Implemensures of transportation, direct to the communication, participation in handling when there is a traffic accident and a work incident under the provisions of this Information and the regulation of the relevant law;

c) Accusing the handling, inspector, examination of the road management authority, the state agency with authority in the implementation of the provisions of this Information and the regulation of the relevant law.

Chapter II

EXTRACTION PROCESS AND EXTRACTION PROCESS

ROAD WORK

What? 6. Responsible for the maintenance process maintenance process

1. For investment projects that build road work:

a) Technical design contractor (for the 3-step design work), the contractor design contractor (for the design work 1 or 2 steps) is responsible for the establishment and hand of the process maintenance process owner, the work department due to its design. With the design records.

b) The contractor provides installed equipment into the work responsible process and the table for the owner of the maintenance of the device maintenance process provided before the recording, the delivery device put into the exploit, use;

c) The design contractor case, the contractor provides a regulation device at a point a and a point b 1 This does not establish a maintenance process, the owner of the lease organization has sufficient capacity under the regulation of the law to establish a maintenance process. The funding funding organization provides the maintenance of the maintenance process taken from the funding in the contracting contract with the design contractor or the contractor providing the equipment.

2. For works that are using but not maintenance processes, road management agency, construction investment business, and management of road construction management, owner of the organization road work that organizes the organization ' s organization or rent-in-process planning. Maintenance of road construction.

3. No maintenance process is required for the works, the following work category:

a) A temporary procedure, except for other regulated law cases. For this case, the road management agency, the owner of the dedicated road structure still has to organize the maintenance implementation under the provisions of the Digital Protocol. 114 /2010/NĐ-CP and the regulation of this message;

b) The work, the work category already has the norm, the technical standard of maintenance is issued by the competent authority.

What? 7. Content and base maintenance base maintenance process

1. The process of maintenance process maintenance is guaranteed to cover all of the process parts by regulation at paragraph 3 Article 6 of the number of Protocol 114 /2010/NĐ-CP.

2. The base of road maintenance maintenance process includes:

a) Regulation, technical standard applied to the work;

b) the maintenance process of the same work (if any);

c) The design profile (including the tuning design profile, if any), guided the construction of construction techniques;

d) The manufacturer ' s instructions, provide and install equipment into the work;

Natural conditions where construction works;

e) Management experience, use of work and installation equipment into the work;

g) The relevant regulations of the state authority have jurisdiction.

3. For the work that has been handed over into use, but not without the maintenance process, in addition to regulation at paragraph 2, the maintenance process is also based on the completion of the work, the rendering, and the actual exploitation of the work. Yeah.

What? 8. Regulation, process of maintenance process maintenance process

1. For investment projects that build road work, the appraisal, approval of the maintenance process maintenance process pursues to Article 7 of the Digital Protocol. 114 /2010/NĐ-CP.

2. For the work that has put in the exploit but there is no maintenance process, the responsibility for appraisal, approx as follows:

a) For the central road system using the Central Road maintenance Fund, state budget capital, which is of state budget origin, the Department of Transportation, the organization of the organization, approx the maintenance process of the following works: special roads, vaunts. The roads using ventilation equipment and special bridges, grade I, bridges, tunnels using new technologies, new structures, new materials.

The General Road General of Vietnam is determined to approve the maintenance process for road buildings using the Central Road maintenance Fund, state budget capital, which is of state budget, except for works approved by the Department of Transportation.

State enterprises in the Ministry of Transport are invested in construction, mining, and maintenance of the appraisal road work, approving maintenance processes for the enterprise's capital works.

b) For the local road system, the Provincial People ' s Committee rules the organization of the appraisal, approval or allocation of appraisal, approval of the process maintenance process, roads; and

c) For the investment road works that build and exploit in the form of BOT Contract and other forms of project Contract, the project business (investor) is responsible for organizing, appraisal, approval of the maintenance process after having a deal with the agency. The state has the authority to sign the project contract;

d) For the dedicated line, the owner of the dedicated road work is responsible for organizing the organization, appraisal and approval of the maintenance process under the provisions of the Digital Protocol. 114 /2010/NĐ-CP And the rules of this.

3. The organization that is responsible for approving the maintenance process may hire a partial inspection advisory or the entire process maintenance process, prior to approval.

What? 9. regulate the road work maintenance process

In the course of the execution, if you see unreasonable factors, affect safety, exploitation, quality, and life of road work, the road management agency, the owner of the road structure is entitled to adjust the maintenance and presentation process. The agency with the authority stipulated at the 2 Article 8 of this Information approx the maintenance process adjustments.

What? 10. The process of extraction of road work

1. The road process extraction process is the instructions, guidance of design consulting, equipment provider, knowledge-regulation technology, sequencing, harness content and use of the work, equipment installed into the work to ensure the opening of the project. The construction of the right capacity, the power, the safety, the maintenance of the building life, the design of the design by design.

The process of the process of exploiting the road work must cover the regulations of the transportation organization, the payload, the speed, the car component, the car layout, the board, the board, the ferry terminal, the buoy bridge, the installation of the equipment installed in the company. The rules for rescue, fire safety, and other content are involved.

2. The required work must have the process of extraction:

a) The bridge, the bridge, the bridge, the bridge.

b) Road ferry, road buoy bridge;

c) The road tunnel has the use of equipment to serve management, exploitation of the building;

d) Device installed technology at the toll station;

) Device installation technology at the vehicle loading checkpoint;

e) The traffic monitoring system, the technology control technology device;

g) Other cases by the regulation of the competent state agency, who have the authority to decide on investment, the investment owner, the owner of the work.

3. Responsibility in the establishment, appraisal, process of extraction process, which regulates the implementation process as for the process of maintenance of the prescribed road work at Articles 6, 8, and Article 9 of this Information.

4. The base of the extraction process, including:

a) A design profile;

b) The capacity, capacity, characteristics, property properties installed in the work;

c) Handbook, manual documentation, training of equipment and construction;

d) Regulations on the guarantee of transportation, safety of transportation, safety of labor and environmental protection;

Other events are defined in paragraph 2 Article 7 of this message.

What? 11. The document serving management, exploitation and maintenance of the road work.

1. The documents serving the management, exploitation and maintenance of the road work, including:

a) The legal documents, the record editors that are related to the investment project that build and complete the work put into the use of use;

b) The profile of the rendering design (including the tuning design, if any);

c) The drawing is complete;

d) The manual documentation used, the operation of the device, the technology assembly line installed into the work (if any);

The milestones have compensated for the release of the actual face; the certificate of land use of the infrastructure for the management of the road works, if any; the system of road safety corridors;

e) A traffic safety appraisal document (if any);

g) maintenance processes; process extraction processes (if available);

h) Document filing of the transport organization (if any);

i) The initial state profile (state "0") of the bridge works, the vault (if any).

) The Japanese patrol, schedule records, tunnels, road registration records, straight-stretch pitchers; statistical documents reporting the situation to exploit the road work; tapes, records, photographs of the state of work and other photographic materials;

l) The compiled text, the administrative violation text associated with the land for the road (if any);

m) The documents related to inspection, testing, observational, repair, and mining activities, maintenance of road work;

n) The number of car counting on the road, traffic traffic through the ferry, pontoon bridge.

2. Responsibility, provide, take on the document records in the period of construction investment to serve the exploitation and maintenance of the road work as follows:

a) For the road work invested in new construction, renovation, upgrade, expansion, institutional investment holder, table of regulatory documentation at points a, b, c, d, e, e, g, h, h and point i of paragraph 1 This Article for the road management body before the public offering. We're going to the extraction, we use it. When the table, the hand side and the right side of the recipient check the protocol state of the table and set up the table records item;

b) For road work repair projects due to its investment owner, road management agency, construction investment business, and management of road construction management, the owner of the dedicated road work implementation of the regulatory work at the site. It's a two-point clause.

c) For the mining road work, the contractor maintenance of the road work is responsible for a prescribed document filing at the points k, l, m and point n 1 This and bear the inspection of the road management agency, the investment business. construction and management of road construction, owner of the dedicated road works.

Chapter III

MANAGE ROAD WORK

What? 12. Work Content Management Content

1. Manage, use completed drawings, road work maintenance processes.

2. Set up, manage, use the profile during the course of the road construction.

3. The organization performs management, which protects the infrastructure of road traffic.

4. Watch, update the damage status, down the road to road work.

5. The transport organization, directly to the traffic, counts vehicles, handles when there is a traffic accident and when there is a construction incident.

6. Car load management, limited-gauge vehicles, traffic wheels on the road are carried out in accordance with relevant legislation which is relevant to the vehicle.

What? 13. Manage, using the completed drawing, the maintenance process of road work.

1. The responsibility of the road management authority:

a) Save the original copy of the rendering, the maintenance process and other document records after the adoption of the construction project owner under the regulation at Article 11 of this Information;

b) Copy the completed drawing, maintenance process, and other document records to hand over to the contractor maintenance of the road work;

c) Command the contractor management, maintenance and extraction of the work implementation of the provisions at paragraph 2 This.

2. The responsibility of the contractor to manage, maintain and exploit the work: storage, use of completed drawings, process maintenance processes, extraction processes (if any) and documents are delivered to manage, exploit and maintain the work.

3. Enterprise investment in construction and management of road construction, owner of a dedicated road work that performs responsibility as specified for the regulatory road management agency at paragraph 1 This is for its road work. management.

What? 14. Set up, manage, use records during the maintenance phase of road construction.

1. The responsibility of the road management authority:

a) Directed by, check out the contractors in the maintenance phase implementation of regulation at paragraph 2 and paragraph 3 This;

b) Save, use document profiles during the maintenance phase under the provisions of this Information.

2. Manager of management, maintenance and exploitation of the responsible work, stance, management and use of the following document profiles:

a) A sphere of schedule, tunnel, road registration records; updates, supplemation of bridge, tunnel, roads;

b) The management profile (straightigo) the road safety corridor; periodically three months an update, supplematuation of the developments in violation of the situation, the release, dismantling of the road safety corridors and land of the road; the profile of the status manager. connectline and essential works within the road safety corridor;

c) A weekly journal (for roads and bridges, sewers); notebooks or logs of tunnels, ferries, pontoons, bridges, bridges and other intensive works;

d) Report the management situation, exploit and maintenance of the road work;

Set, manage, and use other document records as defined by the technical standard of maintenance and maintenance processes.

3. The responsibility of the other bidders:

a) The design contractor designed, the construction contractor responsible for the accountability of the survey, design, completion drawings and implementation of other content under the regulation of the law on the project of road construction;

b) The contractor for testing, inspection, public observation that reports the results of the results are approved; the implementation of other work by law on the project's construction project,

4. Enterprise investment in construction and management of road construction, owner of a dedicated road work that performs responsibility as stipulated to the regulatory road management agency at paragraph 1 This is for its road work. management.

What? 15. The organization performs management, protection of road work

1. The responsibility of the road management authority:

a) Organization of road control according to the regulation of the Ministry of Transport;

b) Implemation of management regulations, protection of road traffic infrastructure in accordance with regulation at the Digital Protocol. 11 /2010/NĐ-CP, Number Protocol 100 /2013/NĐ-CP and the regulation of the relevant law; the exercise of room work, combat and remediation of flood consequences, storms under the regulation of the Ministry of Transport and the provisions of this Information;

c) Implemucing of management, maintenance of road construction by standard, technical standard of maintenance and road work maintenance processes;

d) The organization, the statutory maintenance plan of the law; organization, appraisal, approval of the economic report-engineering or project to repair road work by law; organization bidding, ordering, maintenance planning and signing. combination of the contractor's contract to implement the work maintenance;

Test, monitor contractor maintenance contractor execution of the contract's regulations.

2. The responsibility of the management contractor, the maintenance and extraction of the work:

a) The organization of the patrol, inspection and protection of road traffic infrastructure by the regulation of the Ministry of Transport;

b) Perform other content on management and protection of road traffic infrastructure under the provisions of the Road Traffic Law, the Digital Protocol, and the United States. 11 /2010/NĐ-CP, Number Protocol 100 /2013/NĐ-CP and the regulation of the Department of Transport; execute the room, fight and rectify the flood aftermath, the storm by the rule of law and regulation of this Information;

c) Implemucing of management, maintenance of road work by regulation, technical standard of maintenance, road work maintenance processes and contract contracting with road management authority, road construction owners.

3. Enterprise investment in construction and management of road construction, owner of a dedicated road work that performs responsibility as specified for the regulatory road management agency at paragraph 1 This is for its road work. management.

What? 16. Watch, update the damage status, down the road work level.

1. The responsibility of the road management authority:

a) A periodic examination and evaluation and evaluation of the damage, to the level of the work;

b) Check, monitor the management contractor management, maintenance, and exploit the work implementation of the specified content at paragraph 2;

c) Updated, aggregation of the situation within the management scope for the construction of the maintenance plan, the authorship report, and the repair organization, corrects the damage to ensure safe, transparent road traffic.

2. The responsibility of the management contractor, the maintenance and extraction of the work:

a) To follow regularly and update the quality of the quality of the delivered works, timely detection of perishable phenomena, down to the level of the work, the installation device into the work;

b) A quarterly periodic report on the quality of road work quality is assigned management, maintenance; report of a sudden occurrence of damage affecting traffic safety, building safety;

c) Implemonation of other tasks by regulation of regulation, technical standards of maintenance and process maintenance processes.

3. Enterprise investment in construction and management of road construction, owner of a dedicated road work that performs responsibility as specified for the regulatory road management agency at paragraph 1 This is for its road work. management.

What? 17. The transport organization, directly to the traffic, counts vehicles and handles when there is a traffic accident, processing when there is a road construction incident.

1. The traffic organization:

a) The responsibility of the road management agency, the other relevant agency in the organisation of transport organization, the organization of the organization that organizes the implementation in accordance with regulation at Article 37 The Road Traffic Law;

b) The investment master and contractor construction contractor, the operator of the repair work on the mining road is responsible for implementing the measures guaranteing the traffic under the provisions of the Road Traffic Law, the Digital Protocol. 11 /2010/NĐ-CP, Number Protocol 100 /2013/NĐ-CP and the regulation, of the Ministry of Transport;

c) The contractor management, maintenance and exploitation of the road work is responsible for implementing the work on the transportation organization under the regulation of the management contract, maintenance and extraction of road work.

2. Direct to traffic:

a) The road management agency is responsible for the direction, examination of the management contractor, maintenance and exploitation of the road work in the practice of ensuring traffic and implementation of the method of ensuring traffic when there is traffic jams, construction incidents;

b) The investment owner, contractor construction contractor on the road is exploiting, the contractor for the repair of road work is directly responsible for the traffic and implementation of the measures guaranteing traffic to the passage of roads that are playing in the fields. Case: The road is tied down, the roads must use the avoidance, temporary bridges, overflows and underground on the set; dangerous positions and traffic jams; the implementation of environmental hygiene regulations;

c) The organizations, individuals involved in the implementation of the direct, direct, direct, and remediation of the flood, the storm according to the Ministry of Transport's regulation;

d) The investment business and management investment management, the owner of the dedicated road work, performs responsibility as stipulated at point b 1 and paragraph 2 This.

3. Count:

a) The road management agency is responsible for testing, monitoring the implementation by regulation at this b point of the contractor; aggregable, saving the number of vehicles counting vehicles on routes within the management range;

b) The contractor, maintenance and exploitation contractor responsible for the following: counting vehicles on the road, planning to monitor the number of vehicles involved in the traffic on each ferry, the number of ferry trips in the day, month, quarter and year; report results count. for the road management agency;

c) Enterprise investment in construction and management of road work operators responsible for holding vehicle counting on the route of exploitation management, reported results of vehicle counting to the state agency with the authority to sign the project contract, the road management agency said. ministry, the state agency has other authority.

4. When a traffic accident occurs, the organization, the individual is involved in the regulation at Article 38 of the Road Traffic Law.

5. When there is a construction incident, the organization, the relevant individual must follow the regulations of the Building Law, the Digital Protocol. 15 /2013/NĐ-CP June 6, 2013 the Government on the Management of the Quality of Construction and Regulation of the Law is relevant.

Chapter IV

ORGANIZATION OF ROAD WORK MAINTENANCE

What? 18. Set up, approve and adjust the road work maintenance plan

1. Plan maintenance of the road work using state capital:

a) The Vietnam Road General Directorate is responsible for the planning of maintenance of the central road system using state capital (according to the prescribed pattern at Annex II of this Information), including: Central Road maintenance fund, state budget capital, ODA capital, state capital, and other countries. Funding from the exploitation of infrastructure structures and legal sources;

b) The Provincial People ' s Committee provides for the planning of maintenance on the local road system within the management range;

c) The plan for the maintenance of the annual road work includes: routine maintenance planning, road work repair plans (lines) and other works (if any). The plan for the maintenance of the road work must be complete with the following information: the name of the work, the principal work item; the unit, volume, the execution budget; the time of execution; the method of execution and the level of priority.

2. Approvate plans for the maintenance of road work using state capital;

a) The Ministry of Transport approved plans for the maintenance of the central road system by the General Administration of Vietnam Road, presented and other cases by jurisdiction;

b) The approval of the local road system maintenance plan uses local budgetary resources and the local road maintenance fund implemented by the regulation of the Provincial People's Commission and the provisions of the law.

3. Presentation, procedure approx plan maintenance plan of the central road system:

a) The General Administration of Vietnam Road synthesis, planning and funding maintenance of the road work, the Ministry of Transport before June 15 annually;

b) The ministry of transportation of the appraisal, approval of the plan and the budget maintenance of the road work prior to July 15; total planning and maintenance of the maintenance funding at the collection, the annual state budget of the Ministry of Transport, presented by the Ministry of Transport. The Ministry of Finance before August 30 annually;

c) On the basis of the decision to deliver the collection, the state budget of the Ministry of Finance, the Department of Transportation announced the collection, the state budget sent to the General Road to Vietnam, which has a portion of the funding for the maintenance of road work;

d) The Vietnam Road Directorate organizes the project portfolio, category and volume of work-level work, which is responsible for planning and budget maintenance of road work maintenance, the 15-day delay transport ministry, since the end of the year. the date of receiving the specified message at this point c;

The Department of Transport for Transport, Planning and Accounting for the maintenance of the road work, the budget of the budget expenditures for the General Road to Vietnam.

4. Regulatory of road work maintenance planning using state capital:

a) The plan for the maintenance of the road work of the central road system is adjusted, added in the implementation process to match the actual conditions. The Transport Ministry decided to regulate the central system maintenance plan.

b) The adjustment, addition of the local road system maintenance plan provided by the Provincial People ' s Commission.

5. The establishment, appraisal and approval of the maintenance plan for the road work provided by the state-owned enterprises of the Ministry of Transport for Investment, Management, exploitation, but not in the form of the project Contract implementation is as follows: organizational business. set, the Department of Transportation of Appraisal, approved in the case of using state budget capital, which has a state budget source for maintenance management; business organization, appraisal, and approval of maintenance plans in the case of capital use. of the business.

6. For the BOT work and other project work, the maintenance plan and maintenance costs of the annual road work must be specified in the Project Contract, as the base for the maintenance of road work in the process of extraction of the work. The investor, the project business planning to maintain the annual road structure, sends the state agency with the authority to sign the project contract to deal before the implementation of the implementation.

The case of the project contract has not yet specified the maintenance plan and the cost of maintenance of the road work, the state agency has the authority to sign the project contract and investor, enterprise project-based project-based base project, the maintenance capital of the company. The same path to the project contract.

7. The establishment, approval and regulation of road work maintenance planning is not of the prescribed range at 1, 2, 3, 4, 5 and paragraph 6 This is done by regulation at Article 10 of the number of Protocol 114 /2010/NĐ-CP.

What? 19. Implemation of road work maintenance plan

1. For the central system system operated by the Ministry of Transport, the implementation of the maintenance plan is as follows:

a) A yearly road maintenance planning base approved, the General Road Corporation of Vietnam organizes implementation of the prescribed implementation.

b) The case of road work provided by the state-owned enterprises of the Department of Transportation in Investment and Management Investment Transport but not in the form of the project Contract, the maintenance of the maintenance plan base is approved for the organization to implement the implementation. regulation;

c) The Department of Transportation organizes the inspection, which oversees the implementation of the road work maintenance plan for the specified cases at the point a and point b 1 This and the cases where the state agency has the authority to sign the process contract project. All right, here's the three.

2. The organization performs a plan to maintain the local road system by the Commission of Civil Rights.

3. For the BOT work and other project work, the business project base project and the regulatory cost of regulation at paragraph 6 Article 18 of this Smart to organize the maintenance of road work maintenance, secure traffic assurance and transparency.

The state agency has the authority to sign the Project Accountable Project Contract, which examines the project business of carrying out the maintenance under the plan maintenance plan in the project contract; detection and processing of the project business if there is a regulatory breach of management. and maintenance of the road work by the rule of law and the contracted project contract.

4. For the dedicated road work, the owner of the dedicated road work organization performs a plan to maintain the road structure due to its investment and under the inspection, oversight of the state governing body according to regulation.

5. Corrects of road work in the central road system provided by the Ministry of Transport of Transport are implemented as follows:

a) For the work, the work department is damaged due to the sudden impact of hurricane impacts, floods, earthquakes, dams, explosions, explosions or other groundbreaking natural disasters, it is necessary to conduct emergency repairs that are not in the maintenance plan. Approved, the Ministry of Transportation authorized the General Road General of Vietnam to approve and organize the implementation to ensure the safety of traffic and safety of the work;

b) The General Road Corporation of Vietnam is responsible for the use of the funding and implementation method for the case-fixing repair cases at this point; the Ministry of Transport reports the results of the implementation of the road work breakthrough.

What? 20. Check, maintenance, repair and assess the safety of the road work.

1. The contractor maintenance of the road work carrying out the inspection, maintenance, repair of road work under the maintenance contract maintenance and process maintenance process; the organization evaluated the work safety when needed.

2. The inspection, maintenance, repair of the prescribed road work in accordance with paragraph 2, 3, 4 and paragraph 5 Article 11 Digital Protocol 114 /2010/NĐ-CP and rules this.

3. Evaluation of the safety of the road work through the regulation of the prescribed work quality at Article 12 of the Digital Protocol. 114 /2010/NĐ-CP.

What? 21. Quality management in the maintenance work of road work

1. The road management agency, the investment investment business and management of road construction, owner of the dedicated road work, the investment project maintenance project, the maintenance contractor of road work and organizations, individuals with the management of roads and roads and businesses. related to the maintenance work maintenance work responsible for implementing the quality of road work quality according to the regulation of the Building Law, the Digital Protocol. 15 /2013/ND-CP, Number Protocol 114 /2010/NĐ-CP and other regulations of relevant legislation.

2. The state agency has the authority to sign the project enterprise test project Contract in the implementation of the maintenance work, guarantee the quality under the provisions of the law, the regulation in the project contract and regulation at this Smart; if the breach is found. the quality of the maintenance of the work, which must be processed according to the laws of construction and regulation of the project contract. The case of quality violations affecting traffic safety but not timely recoverable, the state agency has the authority to sign the project contract that decides to suspend the process of exploiting the work, suspending the toll if necessary until the business. The project completed the remediation of the quality breach and took measures to ensure safety of traffic, safety of the building.

3. The road maintenance records are set up in accordance with paragraph 2 Article 14 Digital Protocol 114 /2010/NĐ-CP And the rules of this.

4. The deadline for the warranty of road work repairs by the provisions of paragraph 3 Article 14 Digital Protocol 114 /2010/NĐ-CP.

What? 22. Make maintenance for the mining road work but there is no maintenance process yet.

1. For the road work that is exploiting but there is no maintenance process, the road management agency performs the following work:

a) Set, the authorities with a regulatory authority on Article 8 of this Smart approve the plan for the construction of maintenance process for road works that have entered into exploitation but there is no specified maintenance procedure at paragraph 2 Article 6 of this Smart;

b) Survey, check and evaluate the quality of road work;

c) The organization of the maintenance process, the regulatory authority that has regulatory authority, at Article 8 of this Information to the appraisal, approval of the maintenance process;

d) In the unenacted maintenance process, the road management agency, the contractor maintenance of the road work implementing the work maintenance under the stipulation of the Digital Protocol. 114 /2010/NĐ-CP And the rules of this.

2. Enterprise investment in construction and management of road construction, owner of a dedicated road work that performs regulatory work at points b, c, and point d 1 This is for the work of management.

What? 23. Procsuring to the work, the damaged road work department does not guarantee safety for harness, the work of all life design life.

1. The road management agency when the detection of the work or parts of the building, the device installed into the work with a downgrade expression on the quality, does not guarantee the safety of the extraction, the use is responsible for implementing regulations at Article 18 of the resolution. Number 114 /2010/NĐ-CP and the following regulations:

a) The organization of testing, testing, assessment of the quality of the state of the work;

b) Command, test contractor management, maintenance and extraction of the work implementation of the regulations, at paragraph 2 This;

c) The organization corrects perishable repair to ensure the safety of traffic, work safety upon use, exploitation of the work;

d) The superior agency report and the competent authority;

2. Managing contractor, maintenance and extraction of the responsible work:

a) Regular tracking, process testing and patrol work to timely detection of work, parts of the building, equipment installed into the damaged work, down to the level of quality, failure to ensure the safety of the extraction, use and reporting of the site. As soon as the road management agency, the owner of the road structure;

b) When there is a damage, degradation of the quality of the impact on the safety of the extraction, it must be done: the organization directly protects the traffic, the communication conditions as needed; the implementation of the solutions to rectify the damage to ensure traffic; the necessary case, recommended that the road management agency plan to limit the load, vehicle speed, take appropriate measures to restrict or suspend the work if not secure;

c) When implementing restrictive or temporary measures of exploitation of the prescribed road work at this b point, the contractor manages, maintenance and exploitation of the responsible work of participating in the implementation of the flow resolution, ensuring the safety of the road. for people and vehicles to engage in traffic according to the division, the direction of the road management agency, the traffic police and the state agency with jurisdiction.

3. Enterprise investment in construction and management of road construction, the owner of the dedicated road work is responsible for implementing the regulations at paragraph 1 and paragraph 4; implementing or directing the management contractor, maintenance and construction of the company. The road is made in paragraph 2 of this.

4. The report on the road work has a downgrade expression on the quality, not ensuring the regulation of the traffic in accordance with regulation at point b 1 Article 18 digital decree 114 /2010/NĐ-CP.

5. The case of road work occurs incidents in the extraction process, use, the settlement of the implementation of the implementation of the law on the management of the quality of construction work.

6. The case of long-term road work design but has the need to continue to use, the road management agency, the construction investment business and the management of road work mining, the owner of the organizational road work that organizes implementation of the project. specified at Article 16 of the number 114 /2010/NĐ-CP; The state agency reported that the authorities decided to allow the continued use of the long-term road construction by regulation at d 1, paragraph 2 Article 16, and point 2 Article 26 of the number. 114 /2010/NĐ-CP.

What? 24. The procedure of approval continues to use for the long-term road work.

1. The processing of road works from grade III becomes to the prescribed implementation at points a, b and point c 1 Article 16 The number of digital resolutions. 114 /2010/NĐ-CP.

2. For road work from grade II onwards, the road management agency, the construction investment business and the management of road construction, the owner of the dedicated road work directly or by postal mail 1 sets of files to the Ministry of Transport. transportation to be reviewed and approved the extension of the use of the work. The profile consists of:

a) The proposed application by the prescribed pattern at Annex IV of this Private Information;

b) The report results test, evaluation, assessment of the quality of the work, the work correction results;

c) The publication or document expresses the results of the test, the test, the quality of the status quo of the work;

d) The results of the work correction if there is a failure to secure the capacity and safety of use before considering, decide the continued use of the work;

The construction and maintenance of the road building.

3. Case processing regulation:

a) The case case is not sufficient by regulation at paragraph 2 This, in the 5-day period of work, the Ministry of Transport has a written request for additional records;

b) The complete case case in paragraph 2 Article 2, the Ministry of Transport has a written approval document continuing to use the work for a 45-day period of work, since the date received the case. The case is not eligible for approval, the Ministry of Transport has an answer text, which highlights the reason;

c) The reception of the record and the return of the fruit is made at the headquarters of the ministry or via the post office.

What? 25. Apply standard, technical regulation and economic norms-engineering on maintenance and exploitation of road work in the United States.

1. The maintenance work regularly applies to the standard, national technical standard, the basis of the basis for maintenance of the work provided by the competent authority under the rule of law.

2. The road work repair work must apply to the national standard; apply the technical standard of building to work and regulations, technical standards in building construction by the authority under the prescribed authority.

3. For the work, the device installed on the construction of its own facility or maintenance process, in addition to the implementation of the regulations at paragraph 1 and paragraph 2 This is also applicable to the standard standard, the maintenance process separately for maintenance, repair and maintenance. And the construction of the building, the installation equipment.

4. Apply the definition of economics-technical to maintenance work as follows:

a) The work maintenance work of the state capital must apply the economic-technical-level-to-maintenance-based valuation of the maintenance authority;

b) Enforces works to use other capital sources that apply economic norms-the maintenance techniques stipulated at this point.

What? 26. The report mode performs the maintenance of the road work.

1. For the central road system administered by the Ministry of Transport, the reporting implementation is as follows:

a) The Vietnam Road General Directorate reports the Ministry of Transport results implementation of the planned maintenance of the quarterly periodic road work before the 22nd of the last month, annually before the 15th of January of the next year;

b) The Road Management Bureau and the Transportation Department of the Transportation Management Department of Transportation report National Road General report results of a plan to maintain road work on routes within the scope of its management periodically prior to the date. The 15th of the last month and every year before the 8th of January of the next year;

c) The contractor management, maintenance and exploitation of the Road Management Bureau report or the Department of Transport for National Transportation Management Receiving Results implementation of the plan maintenance of the quarterly periodic road work before the 10th of the last month and row. the year before 31 December,

d) BOT business, other project business (for investment road work in the form of project Contract), organised by the State of the transfer or lease, exploitation of roads, the enterprise was built by the State for construction investment and management organization. The Vietnam Road General Road Report resulted in a plan to maintain a quarterly periodic road work plan before the 15th of the last month and the year before the January 8 of the next year.

2. For the local road system, the Provincial People ' s Committee regulates the content and reporting responsibility of local road management agencies.

3. The owner of the road work specializes in the annual Periodic Transport Department report on the management situation, maintenance of the dedicated line.

The Department of Transportation aggregable, reports the Vietnam Road General Administration of Management, the maintenance of the local road system, the scope of the scope of the annual format of the year before the January 8 of the next year.

4. In addition to the periodic report prescribed at paragraph 1 This, the agency, the regulatory unit at 1, 2 and paragraph 3 This is responsible for reporting a mutation when there is an adverse event affecting the road work or at the request of the agency. The authority.

5. The report content must fully address the following information: the name of the work, the work item performed; the volume and the cost of execution; the time is complete; the adjustments, arise compared to the approved plan; evaluate the execution results (according to plan). planning to be approved); proposals and petitions in the process of performing the maintenance work of the road work (according to the specified report pattern at Annex III of this Information).

What? 27. Cost of management, maintenance of road work

1. The prescribed road maintenance fund at the Digital Protocol 18 /2012/NĐ-CP March 13, 2012 of the Government on the Road Maintenance Fund, state budget capital, ODA capital, capital of capital from the exploitation of the structural assets infrastructure by law.

2. The capital of the dedicated road owner, which is in the BOT contracts, the project contract, capital of the business being built, the management of road construction.

3. The capital of the organization, the individual by regulation at Article 49 of the Road Traffic Law and other legal capital sources by regulation at Article 19 Digital Protocol. 114 /2010/NĐ-CP.

4. The management, use of the maintenance funding of the road work done in accordance with the regulations of the existing law.

What? 28. Road work maintenance costs

1. Content of expense items related to the implementation of road work maintenance includes the following:

a) The cost of setting; the appraisal, the process of process maintenance process maintenance and economic orientation-the technique of serving the maintenance of road work;

b) The cost of planning maintenance of the road work (including the cost of the survey; the cost of planning, inspection and planning of the maintenance of the road work);

c) The cost of testing regularly, periodically, and breakthroughs;

d) The cost of road work on the work required observational requirements;

The cost of maintenance of the road work;

e) The cost of testing the quality of the work when needed;

g) The cost of repairing the periodic and groundbreaking work;

h) The cost of setting, managing the maintenance records of the road work and updating the infrastructure database infrastructure;

i) The cost of carrying out other work related to management, exploitation and maintenance of road work by law.

2. The determination of the cost of making maintenance of the road work maintenance under the guidelines of the Ministry of Construction, the Ministry of Finance and the provisions of the relevant law.

Chapter V.

EXECUTION CLAUSE

What? 29.

This message has the enforcement effect since 1 February 2014 and replaces the Digital Information Number 1. 10 /2010/TT-BGTVT April 19, 2010 by the Minister of Transport for the Regulation of Road Management and Management.

What? 30. Organization to execute

1. The Chief of Staff, Chief Inspector of the Department, Department of Ministers, General Directorate General of the Road General of Vietnam, Director of the Department of Transport for Provincial Affairs of the Provinces and Cities of Central, the Head of the Agency, Organization and Personal Affairs are responsible. This is a private practice.

2. During the execution, if the birth of the entanged, the organization, the individual reflects in time by writing, sent back to the Directorate General of Vietnam Road to guide or aggregate, report the Ministry of Transport for review, settlement.

Minister.

(signed)

The La rose.