Construction of works on road currently in use in Vietnam according to the latest regulations

Construction of works on road currently in use in Vietnam according to the latest regulations (Image from the internet)

Construction of works on road currently in use in Vietnam according to the latest regulations

According to Article 32 of the Law on Road 2024, the regulations on construction of works on road currently in use are as follows:

- Construction of works on road currently in use includes: construction, upgrading, expansion, renovation, and repair of operational roads; construction of infrastructure within the land allocated for roads; construction of shared technical infrastructure within the land allocated for roads; construction and installation of propaganda and political information signs.

- Organizations and individuals are only permitted to carry out Construction of works on road currently in use when they have a construction permit for operational roads issued by a competent state authority, except for cases stipulated in Clause 3, Article 32 of the Law on Road 2024.

- Cases where a construction permit for operational roads is not required include:

+ Construction of state secret projects;

+ Construction within the land allocated for road infrastructure particularly for new construction, upgrading, and renovation projects of road works decided by the Prime Minister of the Government of Vietnam; projects for new construction, upgrading, and renovation of road works decided by the Minister of Transport, Chairperson of the Provincial People's Committee for roads under their management;

+ Construction on dedicated roads;

+ Construction on rural roads; alleyways within urban areas;

+ Warranty and maintenance of road works; urgent road repairs to mitigate natural disasters, storms, and floods; traffic rescue and urgent situations;

+ Repairing, replacing components, items, and equipment meeting all the conditions: not digging, drilling, cutting road works; not affecting the quality, load-bearing, or limited road gauge; not causing traffic congestion; not narrowing the traffic face area; not requiring traffic adjustment, division, or lane separation;

+ Construction on roads under the operational management of the permit-granting authority, or the project investor who is also the permitting authority;

+ Construction at intersections of roads with railways or on road bridges shared with railways with permits issued by competent state authorities in accordance with laws on railways;

+ Construction of projects within the road safety corridors meeting all regulations: not affecting the driving visibility, not affecting traffic safety, not using road land or road works land as a construction base, and having construction approval according to Clause 3, Article 19 of the Law on Road 2024;

+ Urgent measures to ensure the safety of dikes and disaster prevention works;

+ Cases already having construction permits and approved traffic safety measures during construction by road management agencies.

- For cases stipulated in Clause 2, Article 32 of the Law on Road 2024, during construction, organizations and individuals must comply fully with the regulations stated in the construction permit; must arrange personnel for warning, traffic guidance, arrange signage, and temporary barriers at the construction site, and take measures to ensure traffic and environmental protection; personnel engaged in construction and maintenance activities on operational roads must wear protective outfits with safety signals; construction machinery must have warning devices installed.

- For cases stipulated in Clause 3, Article 32 of the Law on Road 2024, organizations and individuals involved in Construction of works on road currently in use must ensure traffic safety and road work safety while sending safety measures, and construction plans in advance to road management agencies for inspection and supervision. The road management agencies have the responsibility to handle or recommend solutions within their authority if the construction causes traffic safety concerns or compromises the safety of the road works.

- Organizations and individuals conducting Construction of works on road currently in use that violates the construction permit, causes traffic congestion, compromises traffic safety, affects the health, life, and property of road users, damages, or destroys the existing road works, violates environmental protection regulations, must be held accountable according to the law.

- The Minister of Transport stipulates the authority, procedures, content of granting construction permits for operational roads; the responsibility for providing information and coordinating mechanisms between relevant agencies, organizations, and individuals to ensure order and traffic safety during construction.

Principles of road operation in Vietnam from January 1, 2025

- Ensure smooth, safe, and integrated traffic connectivity, environmentally friendly, meeting the transportation needs of goods and people, contributing to socio-economic development, ensuring national defense, security, environmental protection, and disaster prevention, and international integration.

- Develop roads according to planning; efficiently use resources; connect road transportation methods with other transportation methods; strengthen the application of advanced science and technology, ensuring modernization, civility, and integration.

- Implement uniformly based on the allocation of specific responsibilities and authorities while ensuring close coordination between Ministries, sectors, and local governments at all levels.

- Any violations of the road operation laws must be detected, promptly prevented, and strictly handled according to the law.

(Article 3 of the Law on Road 2024)

More details can be found in the Law on Road 2024, which comes into force in Vietnam from January 1, 2025, except for Point a and Point b, Clause 2, Article 42, Article 43, Article 50, Clause 1, Article 84 of the Law on Road 2024 which comes into force in Vietnam from October 1, 2024.

Le Nguyen Anh Hao

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