Tiếng Việt- 1 Decree No. 171/1999/ND-CP of December 7, 1999, detailing the implementation of the ordinance on protection of traffic works with regard to riverway traffic works
- 2 Decree No. 172/1999/ND-CP of December 7, 1999, detailing the implementation of the ordinance on protection of traffic works with regard to land road traffic works
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 38-L/CTN | Hanoi, December 02, 1994 |
ON PROTECTION OF TRANSPORT WORKS
In order to strengthen the State management, and enhance the responsibility of State agencies, economic and social organizations, units of the People's Armed Forces and all individuals, in the protection of transport works, contributing to socio-economic development and the assurance of national defense and security and the people's life;
Pursuant to Article 91 of the 1992 Constitution of the
This Ordinance provides for the protection of the transport works.
The protection of the transport works belonging to civil aviation and maritime transport is regulated respectively by the Law on Civil Aviation of Vietnam and the Code on Maritime Transport of Vietnam.
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The State ensures budget allocations and other conditions for the maintenance, repair and protection of transport works, which are built with capital allocated by or originating from the State budget.
The owner of a transport work built with capital from other sources must ensure the budget for its maintenance, repair and protection.
The designing and building of transport works must comply with the schemes, plans and blueprints already approved by the competent State authority; and must meet the standards in technical quality and safety.
All foreign organizations and individuals operating or residing in the Vietnamese territory must comply with the provisions of Vietnamese law on the protection of transport works.
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Article 9.- The users and exploiters of transport works must pay tolls as stipulated by law.
The Government shall stipulate the categories of transport works to be tolled and their specific tolls.
Article 10.- All acts of violation against transport works shall be dealt with by law.
Article 11.- The transport works which are protected include:
1. On-land works: Roads, bridges, sewers, tunnels, urban pavements, ferries, bus stations, drainage systems, road signs and other support works and facilities;
2. River works: Navigation routes on rivers, lakes, canals and along bays; docks, water locks, dams, ports and harbors, storage sites, buoys and other support works and facilities;
3. Railway works: Railways, bridges, tunnels, sewers, railway stations, storage sites, signal systems and other support works and facilities.
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1. Land road: the national highways, urban roads, provincial roads, district roads, communal roads and the specialized on-land roads:
2. River route: the river ways under central and local jurisdiction and the specialized river ways;
3. Railway: the national railway system and the specialized railways.
All construction and other activities outside the protection area for transport works must not do harm to the security of the works.
The Government shall provide details on the protection area for transport works.
The building of transport works and the use and exploitation of the air space, land and/or water area outside their protection area which may affect the security of the works or the safety of the transport activities, must be advised by the competent State authority responsible for the protection of transport works.
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2. The managing units are responsible for the technical safety of their works; in case they discover damage which threatens the safety of the traffic, they must take timely measures to fix and repair them; they must also take preventive measures against natural calamities in order to minimize damage to the works and shall be held joint-responsible for traffic accidents due to the poor technical quality of the works.
Within the scope of their tasks and jurisdiction, the People's Police Force has the responsibility to coordinate with and provide support for the managing units of transport works and the inspection units responsible for their protection.
All acts of violation of the construction plans already approved by the competent State authority or the plans for house removal compensation shall be dealt with by law.
2. When the State has the need to build, transform or expand transport works, the owners of the works, houses and cottages which lie within the protection corridors of the transport works, including those the construction of which have been permitted, must move out promptly as decided by the competent State agency.
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3. Any delay in moving or any hindrance to the removal of the architectures stipulated in Item 2 of this Article, which hampers the building, transformation and expansion of transport works, shall be dealt with by law.
Article 20.- The following acts are banned:
1. Destroying, dismantling and stealing parts, accessories, tools and construction materials, signal systems and facilities serving traffic at transport works;
2. Dumping toxic waste which may cause damage to or affect the durability and life of transport works;
3. Storing goods, materials and wastes; washing vehicles, holding market, and letting loose cattle on traffic roads; drying rice straw, farm produce and other things on highways; and other acts which cause hindrances to the use and exploitation of transport works;
4. Operating over-loaded vehicles or at speeds faster than the speed limit which may affect the quality of transport works.
1. Drilling, digging or cutting traffic roads;
2. Using explosives to extract rocks, sand and gravel, which may affect the quality of transport works;
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4. Anchoring and mooring boats and rafts or parking transport means which may hamper the use and exploitation of transport works;
5. Displacing signal systems or blocking their visibility and that of other facilities serving traffic flow;
6. Opening traffic flows across railways, highways and roads with median strips; or operating motor or caterpillar-treaded vehicles or hauling weighty objects across railways at points where crossing is banned;
8. Placing fish traps or aquatic rearing or catching facilities which may hinder waterways;
9. Other works which may affect the quality of transport works.
In the event that one of the works stipulated in this Article is permitted, its realization must include measures to ensure safety to the traffic; after completion, timely measures must be taken to restore the state and quality of the transport works. The managing units of the transport works are responsible for controlling and supervising the restoration of the state and quality of the transport works.
1. Caterpillar-treaded vehicles, heavy-duty vehicles and over-size vehicles which are to operate on public transport works with bridges and sections which require limited weights or sizes;
2. Large-size vessels which are to operate on river routes navigable to vessels with size limits;
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The managing units of the transport works shall coordinate with the traffic police and the military police to control the operation of the transport means stipulated in this Article.
The protection of the transport works which are also irrigation works or dikes, or of the irrigation works or dikes which are also transport works, shall comply with the provisions of this Ordinance, the Ordinance on Exploitation and Protection of Irrigation Works, and the Ordinance on Protection of Dikes.
The protection of the transport works which are related to other infrastructure works shall comply with the provisions of this Ordinance and related legal provisions.
2. In the event of an incident which causes hindrance to traffic flow, the owner of the object which blocks the traffic on land or rail roads must notify immediately the nearest managing unit of transport works and traffic police and remove that obstacle, not letting it hamper the traffic flow of trains and vehicles;
3. In the event the obstacle is not removed within the set time limit, the managing unit of transport works or the traffic police is responsible for removing it and the owner of the object has to bear all the cost of the removal.
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The Ministry of Transport and Communication performs the function of State management in the protection of the transport works; is responsible for organizing the management, protection, exploitation and use of the transport works, and for controlling and supervising the protection of the national highway system, the centrally-managed river routes and the national railway system; and ensures that the national transport system operate safely and smoothly.
The Ministry of the Interior and the concerned ministries and branches shall, within their tasks and powers, coordinate with the Ministry of Transport and Communication in the exercise of the function of State management in the protection of transport works.
The People's Committees at all levels shall, within their tasks and powers, exercise the function of State management in the protection of transport works under the guidance of the Ministry of Transport and Communication; are responsible for organizing the protection of the transport works located in their localities; and direct the maintenance, repair and protection of the transport works the management of which has been assigned to them.
The local agencies of State management of the protection of transport works are responsible for assisting the People's Committees of the same level to perform the State management function in the protection of transport works.
The State management over the protection of railway transport works shall be determined by the Government upon the proposal of the Minister of Transport and Communication.
Article 26.- The content of State management of transport works includes:
1. To formulate schemes and plans for building, transformation, upgrading and repairing transport works;
2. To draft and issue legal documents on protection of transport works and organize the implementation of the legal documents on protection of transport works;
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4. To set and publicize standards on maximum loads and technical norms for transport means in compliance with the safety conditions of the public transport system.
To set the maximum loads and sizes for transport means to be imported into
5. To issue and withdraw licenses for the exploitation and use of transport works which may affect the works' quality and safety;
6. To formulate regulations on constructions to be built on either side of transport routes and within their protection corridors, in compliance with plans for their transformation and expansion;
7. To carry out promotion, dissemination and education on laws on protection of transport works;
8. To train and foster personnel for management and protection of transport works; to carry out research and application of scientific and technological advances in the field of protection of transport works;
9. To control and inspect the implementation of the legal provisions on protection of transport works;
10. To settle disputes, complaints and denunciations related to the protection of transport works; to handle cases of violation of laws on protection of transport works within one's jurisdiction.
11. To engage in international cooperation in the field of protection of transport works.
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1. The Ministry of Transport and Communication shall determine the organization of the units to manage the national highways, centrally managed river routes and national railways;
2. The People's Committees at provinces and cities directly under the Central Government shall determine the organization of the units to manage urban roads, provincial roads, district roads, communal roads and local river routes, under the guidance of the Ministry of Transport and Communication.
INSPECTION ON PROTECTION OF TRANSPORT WORKS
The Government is to determine the organization, tasks, powers and operation of inspection in the protection of transport works.
The Ministry of Transport and Communication is to organize the inspection personnel for the protection of transport works on land, rail and river.
1. To control and inspect the implementation of the legal provisions on protection of transport works;
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3. To handle within one's jurisdiction acts of violation of legal provisions on protection of transport works or to recommend to the competent State authority to handle them.
4. Within one's jurisdiction to settle disputes, complaints and denunciations against acts of violation of legal provisions on protection of transport works;
5. To be in charge of coordination with the People's Police and other law-enforcement forces in performing the function of inspection of protection of transport works.
In case of necessity, to prevent the possible consequences on transport works of acts of violation of laws on their protection, the Inspector has the authority to halt transport means to apply within one's jurisdiction preventive measures and takes responsibility before law for his/her decision.
The Inspection team or Inspector on protection of transport works is to be responsible before law for its/his/her decision.
Organizations and individuals have the right to lodge complaints or denunciations against an agency of State management over protection of transport works, for its acts of violation of legal provisions on protection of transport works.
The agency, which receives the complaints or denunciations, is responsible for considering and settling them in accordance with legal provisions on citizen complaints and denunciations and other related legal provisions.
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REWARD AND HANDLING OF VIOLATIONS
A person, who combats acts of violation of legal provisions on protection of transport works and, as a result, suffers from losses in property, health or life, shall be compensated in accordance with the provisions of law.
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Article 38.- This Ordinance takes effect from the date of its issuance.
All previous provisions which are contrary to this Ordinance shall be annulled.
ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh
- 1 Decree No. 171/1999/ND-CP of December 7, 1999, detailing the implementation of the ordinance on protection of traffic works with regard to riverway traffic works
- 2 Decree No. 172/1999/ND-CP of December 7, 1999, detailing the implementation of the ordinance on protection of traffic works with regard to land road traffic works
- 3 1992 Constitution of the Socialist Republic of Vietnam