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Decree 11/2010/nd-Cp: Regulations On The Management Of Infrastructure Protection And Road Traffic

Original Language Title: Nghị định 11/2010/NĐ-CP: Quy định về quản lý và bảo vệ kết cấu hạ tầng giao thông đường bộ

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on road traffic, November 13, 2008;

Considering the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing a number of articles of the law on road traffic on the management and protection of infrastructure including road traffic: the name or number of the roads; the planning of infrastructure and technical standards; evaluation of traffic safety; infrastructure protection of road traffic; use, exploitation in the range land for roads; responsible for the management and protection of infrastructure of road traffic.

Article 2. The object of this Decree apply apply to agencies, organizations, individuals and foreign countries related to the operation and management of infrastructure protection of road traffic on the territory of Vietnam.

Chapter II the NAME or NUMBER of the ROADS in article 3. The naming guidelines or road number 1. Each name or route number.

2. The road to the new building be named or number of the provisions of this Decree; the name or number of the roads in order to create favorable conditions for the participants of the traffic and road management.

3. The starting point, the end point of the highway, the highway is placed towards the East-West or North-South or from the capital, Hanoi, Ho Chi Minh City, the administrative center of the province, the central cities.

The first point, the end point of the line, the way the district is determined according to the directions as prescribed for the highway or from the administrative centre of the province to the town, commune or from the highway to the administrative center of the province, the administrative centre of the district, town, commune.

4. The line was given the name or number of the road and identify the starting point, the last point before the decree to this effect shall remain the same.

Article 4. Name or road number 1. Name or number of the roads out of the town a road Name) include the word "sugar" accompanied by the name as defined in art. 1 Article 40 of the law on road traffic;

b) road number include abbreviations of road systems and the natural numbers separated by dots;

Abbreviations of the road system as follows: Highway (NATIONAL HIGHWAY), motorways (CT), the province (TEL), the district (UNIVERSITY).

The Ministry of transport of specified natural numbers for each locality to set the number for the road system.

The case put a serial number for more highways, more highway or provincial road, much of the district, in the same way local includes a letter from B to Z, except roads first put that number.

c) where separate province, the province has had to go through the new oblast or cases of annexation of the province that the line had to go through a new province retains the name or model number, the starting point, the end point;

d) Sections of road are more go online are the same, the name or number of the following:-road Segments overlap in a road system, the name or number of the higher technical level;

-Road Segments overlap in many road systems, the name or number of the road's road system has a higher level of management.

DD) name, road numbers in the road network under international treaties, the use of the name at the same time, the number of titles and names, according to the relevant international treaties;

e) for path name only includes Township word "sugar" enclosed place name or name according to usages.

2. Name or line number municipality a municipality including the line number) stands for urban road system (ĐĐT) and the natural numbers separated by dots;

b) named the road the municipality made under Decree No. 91/2005/ND-CP on 11 July 2005 by the Government on the regulation issued naming, renaming the road, city and public works.

3. The case of the road of the town coincided with the route using both the municipality and the name, the number of the highway.

4. The authority to name or road number a) Ministry of transportation, the number of the line in the national highway system;

b) provincial people's Committee put the number of the line in the system of the municipality, the province; name or number of the road system in the district;

The provincial people's Council named the road the road system in the municipality, the province on the basis of the proposal of the people's Committee at the same level;

c-level people's committees) named the road the road system in the town.

5. The Agency, organization, individual name, number of the roadway under the jurisdiction has the responsibility to publish the name, the number of the roads on the mass media.

Chapter III the PLANNING of INFRASTRUCTURE and TECHNICAL STANDARDS of ROAD article 5. The principle of infrastructure planning of road traffic 1. Consistent with the orientation of social-economic development, transportation planning, and other related planning.

2. Established for at least 10 years and the direction of development for at least the next 10 years.

3. Planning of highway, the road goes through the town must follow the outer ring road of the town or road building on high or the subway.

4. infrastructure planning of road traffic in the municipality must ensure the Land Fund as stipulated in article 8 of this Decree and to have the Road overpass, gathering, basement crawl at the appropriate location to ensure traffic safety.

Article 6. The content of infrastructure planning of road traffic 1. The planning of infrastructure including road traffic: network planning highways, highway, road, region, province, region and venture planed separate road works at the request of the management authority.

2. content of infrastructure planning of road traffic include: a) the analysis of the current state of evaluation;

b) role, location;

c) perspective, the goal;

d) demand forecasting;

DD) justifying the zoning approach;

e) land use needs;

g) priority works portfolio, the progress made;

h) environmental impact assessment;

I) solutions and mechanisms and policies;

k) implementation.

Article 7. Responsible for establishment and approval of infrastructure planning of road traffic 1. The Ministry of transport of a) infrastructure planning of highway transportation, highways, road networks involved with the water transportation related treaties to which Vietnam is a member, the Union Road, the region and the other was given the planning; the Prime Minister approved according to regulations;

b) have comments in writing on the contents of infrastructure planning of road traffic in the city, centrally;

c) approved the planning of infrastructures according to the road traffic authority or be authorized by the Prime Minister;

d) check and monitor the implementation of infrastructure planning of road traffic within the country.

2. provincial people's Committee based on strategy, development of social-economic, defense, security and transportation planning, held up the planning of infrastructure local road traffic and please comments agreement as specified below, before the competent bodies for approval by hierarchy : a) the planning of infrastructure of urban road traffic special types are of the opinion the agreement in writing by the Ministry of construction and the Ministry of transportation;

b) infrastructure planning of road traffic in the central cities, in addition to the provisions in point a of this paragraph, are of the opinion the agreement in writing by the Ministry of transportation.

Article 8. The Land Fund for infrastructure road traffic 1. The Land Fund for infrastructure road traffic is the Foundation for construction of the road traffic is identified in the planning of infrastructure of road traffic. The provincial people's Committee to determine and manage the Land Fund for the infrastructure construction of road traffic according to the approved plan.

2. for the municipality building, the national land fund new urban traffic in comparison with urban construction land is secured by type of municipality as follows: a special type of municipality): 24% to 26%;

b) category I municipalities: 23% to 25%;

c) municipality types II: 21% to 23%;

d) municipality types III: 18% to 20%;

DD) municipality type IV, type V: 16% to 18%.

The Land Fund for urban traffic is land set aside for construction of infrastructure urban traffic, do not include an area of rivers, streams, ponds, lakes and the construction of underground construction.

Article 9. Road engineering level 1. The technical level of the road is the road's design, including the highway and the road from level I to level VI.

2. Determine the level of road engineering based on the function of the route in network traffic, terrain and traffic design of road.

Article 10. Apply technical standards 1. The roads are not exploiting the technical level must be renovated, upgraded to the technical standard of the sugar level is suitable.

2. Road construction to ensure the technical standards of the road level and the rules regarding traffic safety organizations exploit the works road.

3. for forestry roads, road, mining and other specialized lines apply national standards and that industry's own standards.

4. where the application of the technical standards of foreign countries must be approved by the Ministry of transportation.

Chapter IV EVALUATION of TRAFFIC SAFETY article 11. General provisions on traffic safety evaluation 1. Authority to decide and implement a transport safety appraisal) for road works, new construction, upgrading, renovating The investment decision authority decided the project to traffic safety. The investor decides the selection phase of the project to assess traffic safety; implementation evaluation of traffic safety. For projects implemented in the form of BOT (build-transfer), BT (build-transfer), BTO (build-transfer-business) the Authority decided to assess traffic safety as defined in point b of this paragraph.

b) for road works are exploiting The transportation decisions and implementation evaluation of traffic safety for the highway, highway;


The provincial people's Committee decision and implementation evaluation of traffic safety for urban roads, the road, the road of the district.

2. The evaluation of traffic safety the competent agency specified in clause 1 of this article are taken on the basis of the safety assessment report of Transport Advisory organization traffic safety assessment.

3. organizations and individuals implement the project by the State capital or have specialized line must implement traffic safety assessment under the provisions of this Decree. Report traffic safety assessment must be competent State bodies mentioned in paragraph 1 of this article.

4. The safety assessment by a qualified organization according to the provisions of article 12 of this Decree; the Organization verifies active traffic safety organization independent design consultant has created a profile of the project, the design works.

5. organizations made verified responsible for traffic safety research projects, design works, check out the scene, spotted the potential risk of traffic accidents; the proposed assessment reports and recommendations to the remedy.

6. Design consultant is responsible for receiving the proposals, the recommendations outlined in the assessment report road safety has been assessed according to the provisions in paragraph 2 of this Article to edit the project, design. The case does not agree with the opinion of the Organization verifies the traffic safety design consulting reports investment review, decision.

As for the roads are mined, road administration is responsible for receiving the proposals, the recommendations outlined in the assessment report road safety has been assessed according to the provisions in paragraph 2 of this Article and have the option to repair, remedy. The case does not agree with the assessment of traffic safety the competent authority specified in point b of paragraph 1 of this article to review the decision.

7. cost assessment, appraisal fees road safety was included in the total cost, the estimate for the construction of road works in the construction, upgrade, improvement; used in financial resources for management, road maintenance for the road works are exploiting.

8. cost assessment, appraisal fees road safety a) Ministry of transportation regulation costs assessment safety for road construction works; the process of upgrading, renovating;

b) Ministry of transport, in coordination with the Finance Ministry regulations on the cost of traffic safety assessment for the road works are exploiting;

c) Ministry of finance, in cooperation with the Department of transportation regulations on fees for the evaluation of traffic safety.

9. The Ministry of transport of detailed rules regarding the evaluation of traffic safety assessment, each stage; Regulation of the content of the training program on traffic safety assessment, training organizations, certification verifies traffic safety officer.

Article 12. The condition of the Organization, the individual traffic safety inspection 1. Organization of traffic safety assessment must meet the following conditions: a) for Group A and Group B projects, organization of traffic safety assessment must have at least 10 people, including at least 4 of road engineers; 1 road transport engineers and have a minimum of 1 qualified people do head of traffic safety assessment;

b) for Group C projects, organize traffic safety assessment must have at least 10 people, including a minimum of 1 engineer, 1 road transport engineers and has 7 qualified people do head of traffic safety assessment.

2. Individuals involved in traffic safety assessment (called Inquisitor) must meet the following conditions: a) from University of majors road traffic (roads, bridges, public transportation, road transport), there is time to work on the design of road works at least 3 years or have qualifications from University and have direct management traffic management for at least 5 years, in which participated design or directly handle secure traffic from 3 works;

b) certificate verify safety of traffic by the competent State bodies.

3. Individuals assumed the title Chairman of the traffic safety assessment in addition to satisfying the conditions specified in paragraph 2 of this Article must also meet one of the following conditions: a) from University of majors road traffic, there's time to work on the design of road works at least 10 years;

b) Has qualifications from University and have direct management of road traffic for at least 12 years, which has involved the design or directly handle secure traffic from 3 works;

c) assumed the title Chairman of the projects designed at least 3 projects with level works the equivalent of level works need traffic safety assessment (level of works under the provisions of the law on construction).

Article 13. The due diligence period traffic safety 1. For road construction and upgrading, renovating a) traffic safety assessment compulsory in stage design, engineering or construction drawing design;

b) in addition to the provisions of art. 1 of this article, the Authority decided to invest choose safety traffic in one of the following stages:-establishment of investment projects in construction or economic reports-civil engineering works;

-Before giving way to exploit.

2. for road works are exploiting to perform evaluation of traffic safety in the event of one of the following cases: a) the road works have been upgraded, renovated if happened the number of traffic accidents spike than before to upgrade, renovate;

b the actual increase in car traffic) on the 30 percent of airport design of the calculation;

c) reciprocal urbanization increased over 20% compared with the time of putting into operation works.

Chapter V PROTECTION of INFRASTRUCTURE article 14 ROAD TRAFFIC. The scope of the land for the road 1. The scope of the land for the road include the land of road and land corridors and road safety.

2. Land of the road includes the land on which the road is built and the land along the sides of roads to the management, protection, maintenance of road structures (below referred to the land along the sides of roads to the management, maintenance, protection of road construction is part of protection , road maintenance).

The land protection, road maintenance used to keep materials used for maintenance, to move or put the devices perform the maintenance, to road dirt out on either side of the road, anti-invasive works road.

The land protection, road maintenance has breadth by level of sugar, is determined from the outer edge of the background of roads (road roof replacement legs or the outer edge of the vertical Groove in the position of not no dig up or roof edge lines) each side as follows: a) 3 metres for the highway , the level I, level II;

b) 2 meters for street-level III;

c) 1 meter for the road from level IV to come down.

3. for road construction or upgrading, renovating, the investor must define the land for the road and set the procedure suggested the Agency has the authority to revoke the land, made compensation according to the provisions of the law of the land.

4. for road works are exploiting the same road administration authorities of local land management must define limits for road and land planning to revoke the land of people who use the land to manage according to the regulations, the priority to resolve land for the road from level III or higher.

Article 15. The limits of the corridor road safety road safety corridor is the land along both sides of the road to ensure safety and protection works road. Limited road safety corridors are defined as follows: 1. With respect to the road outside the municipality: technical level of the base according to the master plan, the scope of the safety of the road corridor has the width measured from the land of the road back out the two sides is: a) 47 meters for the highway;

b) 17 meters for street-level I, level II;

c) 13 metres for the sugar level III;

d) 9 meters for street-level IV, V;

DD) 4 meters for lower-level line level V.

2. for urban roads, safe corridor width is calculated from the edge of the road to the construction of the road just as the master plan is approved by the authority. For urban highways, the safe corridor width is 40 m.

3. for road safety corridors have overlap with rail safety corridors shall delineate the boundaries according to the principle of priority of safe corridors arranged for the railroad, but the boundaries of safe corridors for the railways are not stacked up the road works.

The case of the road, adjacent rail and track each other along the common border is secure corridors to the trench bottom edge line higher than the background, if equal altitude then the boundaries of safe corridors is the trench bottom edge rail.

4. With regard to road safety corridors have overlapped with protection corridor inland waterways, the safety corridor boundaries are natural rim.

Article 16. The limit of safe corridors for globe, drain 1. A safe corridor for the bridge on the road outside the municipality a) vertically from the bridge bridge abutment tail on each side:-50 metres for the bridge has a length of 60 metres or more;

-30 metres for the bridge has a length of under 60 meters.

b) horizontal bridge from the outer edge along the ground road back out of each side:-150 metres for the bridge has a length greater than 300 meters;

-100 metres for the bridge has a length of 60 meters to 300 meters;

-50 meters for the bridge has a length of 20 metres to 60 metres;

-20 meters for the bridge has a length of less than 20 metres.

2. a safe corridor for the bridge on the road in the municipality a) vertically to be determined as for the bridge on the road outside the municipality;

b) horizontally, for the bridge run on land including the bridge runs on the land is not flooded regularly from the outer edge of the roadway out each side 12 metres; for the rest of the globe, regulated as point b paragraph 1 of this article;

c) At the intersections of the town, the overpass, tunnel and bridge climb for pedestrians to cross the street by design to be approved by the authority.


3. the safe corridors for the corresponding drain with safety corridors where the drain.

Article 17. The limit of safe corridors for road tunnel 1. For tunnels outside the town is the land, the waters around the work are calculated from the outermost point of the tunnel is 100 metres back out.

2. for tunnels in the town due to the design determined on the basis of the sustainable safety in the tunnel design profile and be approved by the authority.

Article 18. The limit of safe corridors for the dock, pontoon bridge 1. Vertical: by length way down the dock, pontoon bridge.

2. Horizontal: from the heart, a ferry pontoon bridge back out each of the upstream, downstream is 150 meters.

Article 19. The limit of safe corridors for the embankment road protection 1. Embankment soil erosion prevention to protect sugar a background) From the top of the embankment and the last two on the embankment from upstream, the lower the 50 meters each;

b) From the foot of the embankment of the River back 20 metres.

2. Edit Karthikeyan treatment water line a) From the foot of the embankment on either side, the lower the 100 meters each;

b) from the original embankment 50 meters to the shore returns;

c) From the foot of the embankment head back out the river 20 meters.

3. where the safe corridors of the embankment protecting the roads specified in paragraph 1, paragraph 2 this overlapped with the safe corridors of dykes, the boundary is the middle of the distance between the outermost points of the two works.

Article 20. The scope of protection for a number of other works on the roads in the scope of protection for bus station, parking, traffic control stations, the station checks the load of the vehicle charging stations, bridges and roads, and stop the construction of road management service is the range of the land, the waters in the area of the works; the area of the works is the competent State agencies specified in the certificate of the land use rights, ownership of houses and other properties tied to the land.

Article 21. Limited protection of road construction works limited to a distance of road safety for the on air is regulated as follows: 1. In respect of sugar is 4.75 metres measured from the highest point of the upward vertical lines. For the highway according to national standards.

2. for the bridge's structural parts of the globe, but not lower than 4.75 metres measured from the highest point of the sphere (the car) back-up vertical.

3. travel information line height above the roadway must ensure the minimum distance from the highest point of the route to the information line is vertical 5.50 meters.

4. go to line height above the road or mounted directly on the bridge's structure must ensure the safety of transportation operations and safety grid depending on the voltage of the power lines.

Article 22. The gap works to road works 1. The production base has the influence of smoke dust, air pollution reduce visibility to how external boundary of road safety a corresponding distance to the region affected by the production base.

2. lime Oven, brick oven or similar production facility is located outside and safety corridors 25 meters.

3. Market, business service point beach parking stop layout, where the goods are located outside the safety corridor and held out the connection points, on the road.

4. The storage of explosives, materials with high fire risk, toxic chemicals, materials of mining mines use anti-personnel mines are located outside the corridor road safety a safety distance for transport operations by fire, explosion and pollution under the provisions of the law.

5. The municipalities, industry, economic zone, commercial zone, residential services and other works, except for works already specified in the paragraph 1, 2, 3, 4 this is located outside the corridor road safety and road safety corridor a gap according to architectural space rules of construction gap.

6. Other projects outside the corridor road safety but affect operation of transport and traffic safety, the owner or the owner used to remedy, repaired in time.

Article 23. Limited road safety distance horizontally with respect to the telecommunications antenna column works, communication lines, power lines, from the foot of the roof line up or roof edge to the minimum column foot line with 1.3 times the height of the column and not less than 5 metres. The other case, by the Minister of transport regulations.

Article 24. Limited distance road safety section under the ground, the lower part of the water below the ground, the lower part of the water for the road construction by the road administration authority decide for each specific work, in accordance with technical requirements, ensuring traffic safety safety works and does not affect the management of road maintenance.

Chapter VI EXPLOITATION, USE in the SCOPE of LAND for ROADS in article 25. Use the roadway on cultural activities 1. Agencies, organizations that wish to use the roads to conduct cultural activities (sports, parades, festivals) must submit a written proposal and ensure traffic safety to road administration authority before the day of cultural activities for at least 10 working days. Suggested text content must specify the content, programs, time use the road.

2. road management agencies have the authority to approve in writing the secured traffic on the following hierarchy: a) General Directorate of roads in Vietnam approved for cultural activities on the highway or on many of the roads system in which the National Highway;

b) Department of transportation approved for cultural activities on the province, the municipalities in the province or on many of the roads system in which way the road, the municipality, unless the jurisdiction specified in point a of this paragraph;

c) specialized agencies of the people's Committee at district level approved for cultural activities on the District of in the district or for the cultural activities taking place simultaneously on both the road and the district town of the district;

d) people's Committee approval for township-level cultural activities on the road in the area of management.

3. road management agencies have the authority to review, to reunification by text on ensuring traffic safety within 5 working days from the date of receipt of the recommended texts. Case of need traffic restrictions or prohibition of the road, the road management agencies must notify distributed traffic flow approach; agencies, organizations that wish to use the road to cultural activities must post the notice on the mass media before the 5th day of cultural activities.

4. Agency, organization of cultural activities is responsible for cleaning the facilities, equipment and refund status at the end of the road of cultural activities; responsible for the loss of traffic safety do not implement measures to ensure traffic safety in the schemes has been the road administration authority.

Article 26. Use of land for the road 1. The land for the road intended only to road construction, use and exploitation for the purpose of safety of road transportation, except some essential works cannot be deployed outside of the land for the road.

2. The construction of a number of essential works to the extent of land for roads to ensure safe mining works and is applied only in the following cases: a) works in service requires security, Defense;

b) works with special technical requirements cannot be deployed outside of the land for the road.

3. Project of urban, industrial, economic, residential areas, commercial areas and other services are built according to the planning authority for approval and has collected is outside the scope of the land for the road. The investor of the project is responsible for building the system of middlemen, not use the land for the road to do auxiliary work, connecting lines; case of need to use the land for the road to make way connect to the highway, they must make the right connection point positions in the planning connected province-level people's committees have agreed with the Ministry of transport as defined in article 29 of this Decree.

4. do not use the land for roadway work operations, accommodation services; moored boat and building works alter the flow, causing erosion d. safe construction of the bridge, a pontoon bridge, the ferry, the water treatment and correction embankment embankment against the background of soil erosion to the road.

Article 27. Construction of essential works in the scope of the land for the road 1. Organizations and individuals build essential works in the scope of the land for the road to implement the following provisions: a) and browse the projects, designed according to the provisions of the law on investment and construction;

b) Have written approval from the establishment of investment projects, profile design, engineering or technical-economic report of the State administration organs competent for the following before the approval authority: Ministry of transportation approved for essential works on the national highway system , the highway;

-Provincial people's Committee approval for essential works on the local road system.

c) Has secured construction permits traffic safety of the road administration authority.

2. The Department of transportation regulations on the licensing of essential construction or connection point on the national highway system, highways, provincial people's Committee rules on the licensing of essential construction or connection point for local roads.

Article 28. Exploitation, use in the scope of land corridors and road safety road safety corridor Land are temporarily used for agricultural purposes, advertising but not affecting the safety of works, road traffic safety and comply with the following provisions:


1. The pond aquaculture, Lake to sugar foot margin a minimum interval by difference of height between the rim and the bottom of the relief road background foot pond, outdoor. The water level in the pond, the Lake was higher than the altitude of the foot not the background of the road.

Do not make the pond, Lake or aquaculture area of water above the Connie we dig line background.

2. where food crops, flowers, fruit trees, the tree's height not over 0.9 metres (above the line) in the background of the road embankment in the area, where the curve of the road, the road intersects with railroad, obscuring the vision; for road digging is planted way outer edge of strip road at least 6 meters.

3. The ditch to the road of land outside the margin a minimum distance equal to the depth of the ditch and secure design water level in troughs are not highly background leg higher than the road.

4. The gasoline retail stores to be built outside the safety corridor, according to the master plan was approved by the competent authority; comments are approved in writing by the Ministry of transport (for the national highway, the road has a separate extraction management regulations) and the provincial people's Committee (for the sugar, sugar, sugar district municipality) about the location and design of the ramp that leads into the retail gasoline through the land of the corridor road safety , including the design of points connected with existing roads, ensuring the technical standards and safety of road segments are exploited.

5. The temporary installation of billboards in the corridor road safety, not affect traffic safety and must be the road administration authority approved.

Not installed billboards in highway safety corridors.

Billboard installed outside the corridor road safety not affect traffic safety.

6. The use of the corridor road safety relating to security, defence works adjacent to the opinion of the Ministry of public security or the Defense Department.

7. The construction works on the land corridor road safety works only when the road administration authority for licensing construction and held a traffic warrant according to the regulations.

8. Owner use, exploit the scope of infrastructure protection of road traffic has the following responsibilities: a) fully implementing the procedures of the agreement, approved the basic design (design, technical design or construction drawing design-depending on the scale , the nature of the construction work, here referred to as design), design (if needed) and a construction license under the provisions of this Decree and other relevant provisions of the law;

b) committed to moving or renovating on schedule as required by the road administration authority;

c) not claim and must bear the full responsibility, related funding.

9. in case of the work on the land corridor road safety there before regulations on management of road safety corridor effect, true to the intended use of the certificate of land use rights, ownership and other properties associated with the Agency's land authorities , does not affect traffic safety shall be continued to use.

When required to upgrade land recovery, improving communications, then owner conduct upgrades, improving transportation to compensation, support for owners of works was removed under the provisions of the law.

Article 29. Connect to the National Highway 1. Cross the highway connections include: a) the Sugar, sugar, sugar, sugar Township district municipality;

b) specialized Road;

c) of middlemen.

2. Slip roads are connected to the national road right through the connection points in the connection point has been the provincial people's Committee approval, after the agreement of the Ministry of transportation. The State administration on roads in provincial people's Committee is responsible for the statistical line was connected and plan handle fit the connection point planning was approved.

The road from home in just being connected to the Highway via slip roads.

3. the minimum distance between two points of highway connections as specified by the Minister of transport.

4. The design of the intersection of slip roads connecting to national highway must comply with national standards on highways.

5. Connecting to national highway project is new construction or upgrading, renovating, snowman tune or construction to avoid: right from step up project, the project owner must base the planning of social-economic development of local projects go through to determine the location and scale of the intersection (other interface button or through the online level , the level button).

6. Connecting to national highway are mined: the provincial people's Committee to base the need for socio-economic development and the development of local transportation planning to connection points.

7. Server works, the project was the provincial people's Committee delivered using connection points in the connection point master plan has been approved to the standard base, the design requirements the current Autoroute to prepare and send to the competent authorities consider, approve the design and organization of transport projects connecting point on the highway.

Article 30. Construction on the roads are mined 1. When construction on the roads are mined or essential works in the scope of the land for the road be sure for people and vehicles across the back, smoothly; the road works are exploiting are sustainable and protect the environment.

2. Construction Work on roads are mined are subject to the rules of traffic safety as specified by the Minister of transport.

Chapter VII RESPONSIBILITY for MANAGEMENT and PROTECTION of INFRASTRUCTURE ROAD TRAFFIC article 31. The responsibility of the Ministry of transportation 1. Unified State management on roads within the country; be responsible for governing the construction and maintenance of highway system, the route joins the international transport, highways (including national highways, trails go through the town).

2. The Government issued or issued under the authority of the text on the management and protection of infrastructure and road traffic guidelines.

3. Directs the Organization, fostering management, protection of road work by the Central Administration; guide the provincial people's Committee organized the cadres management, protection works on local road management.

4. test, inspection of the implementation of the provisions of the law on the management of infrastructure, protection of road traffic.

5. Organizing, directing and monitoring the activities of the Inspector of roads within the country.

6. building plan, organize and oversee the inspection prevention and remedy of Highway works due to the disaster, the enemy caused; the urge to perform testing, prevention and remedying of damage to local roads due to the disaster, caused by enemy.

7. In collaboration with the provincial people's Committee and the ministries involved advocacy, dissemination, education and implementation of the legal provisions on the management of infrastructure, protection of road traffic.

8. In collaboration with the Ministry of finance allocated funds management, road maintenance, reduce the corridor road safety, prevention, remedial due to natural disaster, caused the enemy to the highway system.

9. In collaboration with the Transportation Safety Board and the National Ministry of construction related traffic safety program in the national Government.

Article 32. The responsibility of the Ministry of public security 1. Directing, guiding force in check processing, violation of the law on the protection of infrastructures according to the road traffic authority.

2. In coordination with the Ministry of transportation, the provincial people's Committee to implement state management functions on protection of infrastructures of road traffic.

3. In coordination with the Ministry of transportation to determine directory of plans to protect the vital road works, the Prime Minister for approval and implementation.

Article 33. The responsibility of the Ministry of defence, in coordination with the Ministry of transport organized defence works protection combined with the road works.

Article 34. The responsibility of the Ministry of agriculture and rural development, directing, guiding the implementation of the planning and construction of irrigation systems related to road works; Guide to the use of the land in the corridor road safety to agricultural cultivation, ensure safety and engineering works road.

Article 35. The responsibility of the Ministry of natural resources and the environment, in collaboration with the provincial people's Committee, the Ministry of transportation to guide the planning and use of land for roads; regulations on the protection of the environment due to the effect of road traffic.

Article 36. The responsibility of the Ministry of construction direction construction management guide, in addition to the corridor road safety; in collaboration with the Ministry of transportation, the provincial people's Committee in the preparation and implementation of infrastructure planning of urban traffic.

Article 37. The responsibility of the Ministry of industry and trade to steer, guide and implement the planning and construction of the system of petroleum retail outlets along the highways and roads have separate mining regulation; in collaboration with the Ministry of transport to determine the location of the connection point from petrol retailer into the secured route distance according to the rules of the road connecting to national highway.

Article 38. The responsibility of the Ministry of finance, in cooperation with the Ministry of transportation, the provincial people's Committee, allocating management, road maintenance and protection of traffic infrastructures roads, including the expense of relief corridors and road safety are arranged from the genus of the career of the State budget or are derived from the State budget.

Article 39. The responsibility of ministries, ministerial-level agencies


Ministries, ministerial agencies appraised, planning, construction works, industrial, urban, residential, commercial services, retail gasoline related to land for roads must comply with the provisions of this Decree; responsible for monitoring the implementation and handling of regulatory violations.

Article 40. The responsibility of the provincial people's Committee 1. Organizing, directing the propagation, popular education, the law on the protection of infrastructure of road traffic in the local scope.

2. Guidance and implementation of provisions on the protection of infrastructure of road traffic in the local scope.

3. Directing and inspect for district-level people's committees, the Department of transport implement measures to prevent, deter and handle infringement, violation release safety corridors in the local scope.

4. Organizing, directing and inspect for the Department of transport in the following areas: a) the activities of the Inspector of roads;

b) level, the construction license revocation, suspension of operations causing loss of traffic safety, safety of road works in the protection of infrastructure local road traffic;

c) implementation management of infrastructure planning of road traffic; management and maintenance of the local road system.

5. Steer, guide and check against the people's committees at district level in the following areas: a) the protection of road works on the area of the district;

b) manage land use within and outside the corridor road safety, especially the delivery of land, building permit along the roads;

c) releases the offending works on protection of infrastructures within the road traffic of the district.

6. Mobilization of forces, supplies, equipment to restore timely traffic when disaster, champion graphics.

7. To plan and direct the implementation of preventative measures, prevent, treat, reduce safety corridors in the local scope.

8. The evaluation, planning, construction works, industrial, urban, residential, commercial services, retail gasoline related to land for roads must comply with the provisions of this Decree; responsible for monitoring the implementation and handling of regulatory violations.

9. resolution of disputes, complaints and accusations regarding the protection of infrastructure of road traffic in the range as defined by local law.

Article 41. The responsibility of the people's Committee of the district level 1. Management, maintenance of road system was delivered in the District Manager.

2. Advocacy organisation, popularity and people's education regulations on the scope of land for roads, infrastructure protection of road traffic.

3. management of land use within and outside the corridor road safety under the rule of law; timely processing of cases, accounting for encroachment, illegal use of land corridors and road safety.

4. Coordinate with the management unit and related forces made protective measures of road works.

5. the implementation of measures to protect safety corridors, against encroachment, coercive unload unauthorised building works to reduce safety corridor.

6. Mobilizing all forces, supplies and equipment to protect the works, promptly restoring traffic when disaster, champion graphics.

7. Dispute resolution, complaints, accusations related to the protection of infrastructure local road traffic district under the provisions of the law.

Article 42. The responsibility of the people's Committee of social 1. Management, road maintenance was delivered on management.

2. Advocacy, dissemination and education of the people of the provisions on the scope of land for roads, infrastructure protection of road traffic.

3. Coordinate with the units directly managed the road works and the forces involved implementation of the protective measures of road works including keeping the width of milestones, landmarks, the clearance of the project.

4. land use management within and outside the corridor road safety under the rule of law; detection and timely handling of cases of encroachment, capturing, unauthorized use of corridors and road safety.

5. Mobilizing all forces, supplies and equipment to protect the works, promptly restoring traffic when disaster, champion graphics.

6. Dispute resolution, complaints, accusations related to the protection of infrastructure local road traffic management of township-level under the provisions of the law.

43 things. Determine the timeline for the process exists within the land for the road 1. Before December 21, 1982: time not have provisions on works exist in the scope of the land for the road.

2. From 21 December 1982 and before 1 January 2000: the time of the application of Decree No. 204/dated 21 December 1982 of the Council of Ministers on the Charter protection of the road.

3. From January 1, 2000 and before July 30, 2004: time to apply Decree No. 172/1999/ND-CP on December 7, 1999, detailing the Government's enforcement of the Ordinance on protection of transportation for transportation by road.

4. From 30 November 2004 to before this Decree in force: the time apply Decree No. 186/2004/ND-CP on November 5, 2004 by the Government on the management of infrastructure protection and road traffic.

Article 44. The provisions on the settlement of the buildings survive in soil for road 1. Unload right works harmful to the stability of the road works and traffic operation safe road transport.

2. The works deems not directly influence the stability of the road works and road traffic safety, the front of the eye that allows the status quo but works must commit not built-in and make unload works as requested by the governing body of the competent State.

3. The compensation, support for the lifting of regulations made in accordance with the law.

Article 45. Coordinate infrastructure protection road traffic 1. The Department of transportation is responsible for enacting or chaired, in coordination with the ministries concerned to build legal texts instructions make use of land for roads, infrastructure protection of road traffic.

2. The Ministry of transport, in coordination with the Ministry of public security plans to test, inspect the protection of infrastructure the road traffic in the local, urging localities to handle the existence of infringement, unauthorized construction in the corridors and road safety.

3. The ministries base the functions, duties and responsibilities as stipulated in the road traffic Act and this decree made the protection of infrastructure the road traffic.

4. the people's Committee of the provincial people's Committee directed the district level, the social level of people's Committee, the Department of transportation plans and coordinate with units of road management tasks of infrastructure protection of road traffic; handling violations of land-use regulation safety corridors; directs the specialized agencies track, general use of the land for the road and report on the Department of transportation, General Directorate of roads in Vietnam.

5. The ministries when planning or implementing the projects of infrastructure-related road traffic must have a unified text of the Ministry of transport from the project and direct, guide and the owner, the contractor to design, construction and implementation of the use of land set aside for road and traffic safety assurance when executing under the provisions of road traffic Laws and decrees.

Chapter VIII Article 46 ENFORCEMENT TERMS. Effective and practical guide. The Decree has effect as from 15 April 2010 and replaces Decree No. 186/2004/ND-CP dated 11 November 2004 of the Government regulations on the management of infrastructure protection and road traffic.

2. Minister of transport instructed to enforce article 4, 11, 27, 28, 29, 30 and guide the essential content of the Decree.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.