Conditions for running traffic safety investigation service in Vietnam

Conditions for running traffic safety investigation service in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for running traffic safety investigation service in Vietnam

Conditions for running traffic safety investigation service according to Article 12 of Decree 11/2010/ND-CP (amended in Decree 64/2016/ND-CP) are as follows:

- Individuals participating in the traffic safety investigation (hereinafter referred to as investigators) must have traffic safety investigator’s certificates which are issued by Directorate for Roads of Vietnam and still valid.

- Other than conditions prescribed in Clause 1 of Article 12 of Decree 11/2010/ND-CP (amended in Decree 64/2016/ND-CP), an individual who acts as a traffic safety chief investigator must meet one of the following conditions:

+ Have acted as a project chief designer for at least 03 road works;

+ Possess a bachelor's degree or higher level in road works, and have at least 07 years of experience in designing road works;

+ Possess a bachelor's degree or higher level in road works or road transportation and have at least 10 years of experience in traffic management, road transportation, road construction or road maintenance, which includes working experience in handling traffic safety matter for at least 03 road works.

- A contractor providing consultancy on traffic safety investigation must satisfy the following conditions:

+ With regard to national key projects, group-A and group-B projects, at least 10 investigators are contracted, among which, at least 03 road/highway engineers, 01 road transport engineer and 01 person eligible to act as the traffic safety chief investigator must be available;

+ With regard to group-C projects and road works in operation, at least 05 investigators are contracted, among which, at least 01 road/highway engineer, 01 road transport engineer and 01 person eligible to act as the traffic safety chief investigator must be available.

2. Stages of traffic safety appraisal in Vietnam

Stages of traffic safety appraisal according to Article 13 of Decree 11/2010/ND-CP are as follows:

- For roads under construction, upgrading or renovation

+ Traffic safety appraisal is compulsory in the stage of technical design or construction drawing design;

+ Apart from the provisions of Point a. Clause 1 of Article 13 of Decree 11/2010/ND-CP, persons with investment-deciding competence may select traffic safety appraisal to be conducted in either of the following stages:

++ Formulation of investment projects on work construction or elaboration of econo-technical reports on work construction;

++ Before roads are put into use.

- For roads currently in use, traffic safety appraisal must be conducted upon the occurrence of any of the following:

+ Traffic accidents on a road surge in number after it is upgraded or renovated;

+ The actual traffic flow increases over 30% compared to the level designed in the computing period;

+ The urbanization rate increases over 20% compared to that at the time of putting the road into use.

3. General provisions on traffic safety appraisal in Vietnam

General provisions on traffic safety appraisal according to Article 11 of Decree 11/2010/ND-CP are as follows:

- Competence to decide on and organize traffic safety appraisal

+ For roads under construction, upgrading or renovation

Persons competent to decide on investment in road projects shall conduct traffic safety appraisal. Investors shall decide to select a project phase subject to traffic safety appraisal and organize traffic safety appraisal.

For projects implemented under build-operate-transfer (BOT). build-transfer (BT) or build-transfer-operate (BTO) contracts, the competence to decide on traffic safety appraisal is specified at Point b of this Clause.

+ For roads currently in use

The Ministry of Transport shall decide on and organize traffic safety appraisal for national highways and expressways;

Provincial-level People's Committees shall decide on and organize traffic safety appraisal for urban roads, provincial roads and district roads.

- Traffic safety appraisal conducted by competent agencies specified in Clause I of Article 11 of Decree 11/2010/ND-CP shall be based on traffic safety inspection reports of traffic safety inspection consultants.

- Organizations and individuals implementing projects not funded by state capital or having special-use roads shall organize traffic safety appraisal under this Decree. Their traffic safety appraisal reports must be approved by competent state agencies specified in Clause 1 of Article 11 of Decree 11/2010/ND-CP.

- Traffic safety inspection shall be conducted by capable organizations specified in Section 1.

Traffic safety inspection organizations must be those operating independently from design consultancy organizations which have made project dossiers and work designs.

- Traffic safety inspection organizations shall examine project dossiers and work designs, inspect construction sites to uncover possible risks of traffic accident, and make inspection reports to propose or recommend remedial measures.

- Design consultants shall respond to proposals and recommendations made in traffic safety inspection reports already appraised under Clause 2 of Article 11 of Decree 11/2010/ND-CP for adjustment of project dossiers and designs.

If disagreeing with traffic safety inspection organizations, they shall report to investors for consideration and decision.

For roads currently in use. road administration agencies shall respond to proposals and recommendations made in traffic safety inspection reports already appraised under Clause 2 of this Article and work out repair or remedy plans.

If disagreeing with traffic safety inspection reports, they shall submit those reports to competent agencies specified at Point b. Clause 1 of Article 11 of Decree 11/2010/ND-CP for consideration and decision.

- Traffic safety inspection expenses and appraisal fee shall be included into work construction total investment and cost estimates, for roads under construction, upgrading or renovation; or used as a financial source for road administration and maintenance, for roads currently in use.

- Traffic safety inspection expenses and appraisal fee

+ The Ministry of Transport shall prescribe traffic safety inspection expenses for roads under construction, upgrading or renovation;

+ The Ministry of Transport shall assume the prime responsibility for. and coordinate with the Ministry of Finance in. prescribing traffic safety inspection expenses for roads currently in use;

+ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in. prescribing the traffic safety appraisal fee.

- The Ministry of Transport shall specify traffic safety appraisal and inspection in each period and contents of training programs on traffic safety inspection, and organize training courses and issue traffic safety inspector certificates.

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