Thông tư 04/2008/TT-BXD của Bộ Xây dựng về việc hướng dẫn quản lý đường đô thị

CIRCULAR

GUIDING THE MANAGEMENT OF URBAN ROADS

Pursuant to the November 26, 2003 Construction Law;

Pursuant to the June 29, 2001 Road Traffic Law;

Pursuant to the Governments Decree No. 186/2004/ND-CP of November 5, 2004, providing for the management and protection of road traffic infrastructures;

Pursuant to the Governments Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction,The Ministry of Construction guides the management of roads in urban centers as follows:

Part 1

GENERAL PROVISIONS

I. SCOPE AND SUBJECTS OF APPLICATION

1. This Circular guides the construction, management and exploitation of urban roads with a view to restoring the uniformity and synchronism in the construction, management and exploitation of systems of roads in urban centers (urban centers of grade 5 or higher), raising the efficiency of investment, exploitation and proper use and increasing urban beauty.

2. The management and exploitation of streets with special functions (pedestrians streets, culinary streets, night-market streets, etc.) comply with specific regulations of local administrations.

3. Domestic and foreign organizations and individuals, when participating in the construction, management or exploitation of urban roads in Vietnam, shall comply with provisions of the Construction Law, the Road Traffic Law, this Circular and relevant legal documents.

II. INTERPRETATION OF TERMS

In this Circular, the terms below are construed as follows:

1. Urban roads (or streets) means land roads lying within the administrative boundaries of urban centers and limited by red-line landmarks under plannings approved by competent authorities.

2. Pavements (footpaths, side-walks) means street sections used mainly for pedestrians and also as places for arrangement of urban technical infrastructures along streets.

3. Urban technical infrastructures comprise wire lines, pipelines and tunnels, technical trenches along streets.

4. Roadbeds means street sections limited within two curbs, where urban technical infrastructures can be arranged along, when necessary.

5. Vehicle lanes are street sections used mainly for means of transport participating in traffic activities.

6. Red-line landmarks of urban roads means the borderlines identified on planning maps and the field for demarcation between the land area reserved for urban roads, support facilities in service of urban traffic and the land area reserved for other works and other public spaces.

7. Construction landmarks means limits for construction of works on land plots.

8. Urban road safety corridor means the width from the road curb to the construction landmark under planning approved by competent authorities.

9. Peoples Committees at all levels:

a/ Provincial-level Peoples Committee means the Peoples Committee of a province or centrally run city.

b/ Distinct-level Peoples Committee means the Peoples Committee of a rural district, urban district, city or provincial town under the provincial-level Peoples Committee.

c/ Communal-level Peoples Committee means the Peoples Committee of a commune, ward or township.

III. GENERAL PRINCIPLES FOR URBAN ROAD MANAGEMENT

1. Urban roads constitute parts of urban technical infrastructures uniformly managed by the State with management decentralization.

2. Ensuring pavements for pedestrians and smooth roadbeds for motorized and rudimentary vehicles.

3. The use or temporary use of sections of urban roads for other purposes must be permitted by competent state bodies and at the same time solutions must be worked out so as not to affect traffic safety and order, environmental sanitation and urban beauty.

IV. PROHIBITED ACTS IN CONSTRUCTION, MANAGEMENT AND USE OF URBAN ROADS

1. Designing and building urban roads in contravention of planning already approved by competent authorities.

2. Building or digging urban roads without permission.

3. Opening branch roads without permission or making illegal connections with main roads.

4. Using urban roads for market places, food-catering services, sale of goods or materials.

5. Dumping garbage, discarded materials and acts of causing environmental pollution to urban roads.

6. Installing or building motorbike driveways or three-step staircases into houses or facilities by roadsides, which affect traffic flow and pedestrians; depriving urban centers of their beautiful look.

7. Illegally installing or building facilities, billboards, decorations or wire lines, which affect the urban road structure as well as urban traffic safety and depriving urban centers of their beautiful look.

8. Illegally building facilities in encroachment upon red-line landmarks or urban road safety corridors.

9. Keeping bicyles, motorcycles, cars and other motor vehicles on pavements or roadbeds without permits; parking bicycles, motorcycles or cars not at prescribed places.

Part 2

SPECIFIC PROVISIONS ON URBAN ROAD MANAGEMENT

I. PLANNING WORK

1. Urban construction planning blueprints must fully comply with the regulations on land funds reservedjfor urban traffic according to current construction planning standards.

2. Urban construction planning must be associated with specialized communications and transport planning in order to ensure that urban road systems are planned strictly according to their functions or peculiar requirements, in synchronism with planning on underground works and other technical infrastructures.

3. Urban construction must be planned with the calculation and arrangement of car parks to meet urban dwellers demands.

4. Urban road networks must be systematic, synchronous, interlinked and sustainable: solutions must be worked out to ensure connectedness with works on both sides of urban roads.

5. Upon formulation of urban construction planning blueprints, necessary ground areas must be arranged enough for urban road works and other support facilities in order to ensure urban traffic safety and order, the cross-section width, every section on the cross section, construction landmarks and red-line landmarks of urban roads must be specifically identified and publicized on the field so that people know, implement and facilitate management work.

6. Detailed planning on construction of residential quarters, hotels, trade centers, office buildings, schools, recreation and entertainment areas,... must arrange enough land areas for car parks suitable to the demand of each work; traffic lanes and pavements must not be used as car parks.

7. Urban road sections and technical infrastructures along roads must be synchronously arranged. Pavements must be wide enough for arrangement of technical infrastructure systems along roads. The arrangement of technical infrastructure systems in traffic lanes is strictly restricted. The arrangement of technical infrastructures along roads in tunnels or technical trenches in urban renovation planning blueprints shall be prioritized. For new streets and streets in new urban centers, wire lines and pipelines must be laid underground.

8. Detailed urban construction planning blueprints must indicate locations for construction of flyovers or tunnels for pedestrians.

II. DESIGNING AND BUILDING WORK

1. The designing and building of urban roads must comply with relevant standards and criteria.

2. Red-line landmarks under construction planning already approved by competent authorities must be strictly complied with.

3. Upon designing, renovating or building urban roads, the planned elevation must be ensured, without affecting the operation of water drainage systems, population and facilities on both sides of urban roads. The urban road elevation shall be considered by permit-granting bodies in the course of granting construction permits.

4. Urban roads must be designed and built to facilitate the movement of the disabled.

5. Water drainage systems must be simultaneously designed and built on all urban roads under construction planning and specialized water drainage planning (if any), which have been approved by competent authorities.

6. The use of materials, shapes, sizes and colors of pavement curbs, pavement bricks on a street ora street section must be synchronous.

7. Surface facilities on pavements must not hinder pedestrians and ensure urban beauty.

8. Locations must be arranged for pedestrians to safely and conveniently cross roads, prioritizing the design and construction of flyovers or tunnels at cross-sections, on long street sections with high flows of road-crossings (central quarters, commercial streets).

9. The use of curb bricks (with square angles or bevel angles) must be flexible to ensure the convenient pavement mounting or dismounting by vehicles, not affecting the urban beauty and traffic.

10. The arrangement of technical infrastructure systems in traffic lanes must be restricted. For new streets and streets in new urban centers, wire lines and pipelines must be laid underground. Tunnel and technical trench systems must be made the fullest use of for this purpose.

11. Construction permits must be acquired before conducting construction.

12. The systems of greenery, public lighting, water drainage, tunnel, technical trenches (already identified in plannings approved by competent authorities) must be built together with urban roads.

13. Measures must be taken to ensure traffic safety, normal activities of pedestrians and traffic and to ensure environmental sanitation in areas in the course of construction.

III. URBAN ROAD MAINTENANCE

1. After being tested before use, urban roads must be maintained for long-term exploitation. The maintenance duration is calculated from the date of pre-acceptance test to the expiry date.

2. The maintenance of urban roads complies with the maintenance process.

3. For works being in exploitation or use, depending on the size and characteristics of urban roads, management bodies shall formulate by themselves or hire capable consultancy agencies to formulate a maintenance process. For newly designed urban roads, designing contractors shall formulate a maintenance process based on relevant current technical criteria.

4. The maintenance of urban roads must ensure the planned elevation and current elevation, must not affect the operation of water drainage systems, population and constructions on both sides of urban roads.

5. Owners, persons assigned to manage street pavements are responsible for maintenance work as follows:

a/ To organize the maintenance of urban roads according to the maintenance process.

b/ To bear responsibility before law for the degraded quality of urban roads due to failure to conduct maintenance according to regulations.

IV. MANAGEMENT AND EXPLOITATION OF URBAN ROADS

1. Urban roads must be strictly managed within the red-line landmarks, construction landmarks and roadbed elevation according to approved planning.

2. Traffic lane division, line painting and installation of traffic signboards and signals must comply with the Road Traffic Law.

3. The digging of urban roads for construction or installation of underground facilities must comply with the following regulations:

a/ Organizations and individuals wishing to dig urban roads shall get permission of competent state bodies.

b/ The construction of underground works under urban roads must strictly comply with planning and designing projects already approved by competent authorities and permits of competent state bodies.

c/ When urban roads are built, all other technical infrastructure works for communications, water supply, water drainage, gas supply, power supply,... must be synchronously built in accordance with the construction planning and the specialized planning (if any), which have been already approved by competent authorities in order to avoid repeated diggings time and again.

d/ Competent state management bodies shall receive dossiers and grant permits for urban road digging to organizations and individuals with valid dossiers. In case of refusal to grant permits, they must reply the latter in writing and clearly state the reasons therefor.

e/ When permitting urban road digging, permit-granting bodies shall notify such to the administrations of localities where works will be built for supervision of the implementation.

f/ The construction of underground works under urban roads must ensure safety for the works, adjacent works and ensure safe and normal urban traffic, and environmental sanitation.

g/ Work investors must strictly abide by set schedules and ensure the quality of the restored roads after digging.

4. The installation of signboards and billboards must comply with legal provisions on advertisement: billboards must ensure urban beauty, without obstructing and affecting urban traffic safety.

5. Construction or installation of surface works on urban roads

a/ Organizations and individuals wishing to construct or install surface works, including urban technical infrastructure systems, public facilities on urban roads, must get permission of competent stale bodies.

b/ The construction and exploitation of surface works on urban roads must ensure urban traffic safety, ensure the prescribed vertical and horizontal spaces as well as urban beauty. When building or installing surface works on urban roads, organizations and individuals must strictly comply with the permits and relevant legal documents.

6. Ensuring environmental sanitation

a/ Organizations, households and individuals shall participate in cleaning street pavements and roadbeds in front of their offices or houses, may not throw rubbish and let other people display goods and articles for sale, dump garbage or discarded materials on urban roads in front of their offices or houses, which would deprive urban centers of environmental sanitation and beautiful look.

b/ Organizations and individuals violating the regulations on ensuring environmental sanitation on pavements and roadbeds shall be sanctioned according to current provisions of law.

7. Temporary use of urban roads for non-traffic puiposes

a/ Organizations and individuals wishing to temporarily use urban roads for non-traffic puiposes must get permission of competent state management bodies and strictly abide by the permits.

b/ When temporarily using urban roads for non-traffic purposes, organizations and individuals must arrange convenient and safe paths for pedestrians and vehicles.

8. The use of roadbeds for vehicle parking must satisfy the following requirements:

a/ Requirements on roadbed width

- For two-way roads: With the minimum roadbed of 10.5m, it is permitted to park vehicles on one side; with the minimum roadbed of 14m, it is permitted to park vehicles on both sides.

- For one-way roads: With the minimum roadbed of 7.5m: it is permitted to park vehicles on the right side of moving vehicles.

b/ Not obstructing traffic flow; not affecting normal activities of organizations and households on both sides of the streets.

c/ Being consistent with approved planning on car parks; the Peoples Committees shall, according to management decentralization, organize the formulation, appraisal and approval of planning on car parks for urban centers under their respective management, making lists of streets where vehicle parking is permitted, based on the width, cross-sections, types, nature of streets and traffic flow.

d/ When urban roadbeds are used for charged public car parking, priority shall be given to organizations, households and individuals with lawful rights to use houses or buildings along those roads to hire vehicle parking places adjacent to their houses or buildings.

9. The use of street pavements for vehicle parking must satisfy the following requirements:

a/ Not obstructing the movement of pedestrians; ensuring the remaining minimum width of 1.5 m for pedestrians.

b/ Being tidy and neat, ensuring urban beauty.

c/ Not parking vehicles in front of cultural, educational, sport, medical, religious works, office buildings on streets in political, cultural and tourist centers.

d/ Charged public vehicle parking lots on street pavements must comply with plannings approved by competent state bodies and ensure convenience for pedestrians, environmental sanitation, urban beauty and must not affect normal activities of households and owners of works along the streets.

10. The arrangement of drive-ins to works on both sides of urban roads must be identified in detailed urban construction planning of a 1/500 scale. For existing streets, the arrangement of drive-ins to works on their both sides must ensure traffic safety, urban beauty and be permitted by competent bodies.

11. Occupation and use of street pavements for construction of shops, installation of sun-shades

a/ Organizations and individuals wishing to build shops or kiosks on street pavements shall get permission of competent state management bodies.

b/ The construction of shops and kiosks on street pavements in new urban centers and new streets must be identified right in the detailed plannings; for existing streets, shops and kiosks may only be installed temporarily during festival occasions and must be dismantled upon the end of the festivals according to regulations of local administrations.

c/ The construction and installation of sun- and rain-shades must comply with construction standards and be considered simultaneously upon the grant of construction permits.

d/ Local administrations shall guide and inspect the building of small shops, the installation of sun-and rain-shades; and organize the dismantlement of shops and sun- and rain-shades built in contravention of regulations.

12. Management of street trees: The management and exploitation of street trees comply with the guidance of the Ministry of Construction on management or urban trees.

13. Temporary use of street pavements for wedding ceremonies or funerals

a/ Households and individuals wishing to temporarily use street pavements for wedding ceremonies or funerals shall get permission of the administrations of their places of residence.

b/ Local administrations shall examine and permit the temporary use of street pavements for wedding ceremonies and funerals.

c/The temporary use duration must not exceed 48 hours and a path of a minimum 1.5 m wide must be arranged for pedesuians.

14. Use of street pavements for business purposes

Only the pavements of some peculiar works and streets may be used for business purposes. Provincial-level Peoples Committees shall decide on the lists of works and streets where street pavements are permitted for use for business purposes if the following requirements are satisfied:

a/ The remaining pavement reserved for pedestrians must be at least 1.5 in wide;

b/ Ensuring traffic safety and convenience as well as urban beauty and environmental sanitation and not affecting normal activities of households and owners of works along the streets:

c/ Business activities are not allowed to be organized in front of cultural, educational, sport, medical or religious works, office buildings.

Part 3

RESPONSIBILITIES FOR URBAN ROAD MANAGEMENT

I. CONSTRUCTION DEPARTMENTS OF PROVINCES AND COMMUNICATIONS AND PUBLIC WORKS DEPARTMENTS OF CENTRALLY RUN CITIES

Construction Departments of provinces and Communications and Public Works Departments of centrally run cities shall act as advisory bodies assisting provincial-level Peoples Committees in performing the state management of urban roads in their respective localities:

1. To act as major bodies in synthesizing and guiding the formulation and implementation of plannings and plans to upgrade, renovate, maintain and develop urban roads.

2. To submit to provincial-level Peoples Committees regulations on assignment and decentralization of urban road management.

3. To guide, urge and inspect the management and exploitation or urban road

4. To directly manage urban roads as assigned by provincial-level Peoples Committees.

II PEOPLES COMMIT! EES AT ALL LEVELS

1. Provincial-level Peoples Committees

a/ To perform the state management of urban road systems under their respective local management.

b/ To direct and organize the application of measures to enhance construction order, traffic safely and order, environmental sanitation and urban beauty in their respective localities.

c/ To assign and decentralize the state management of urban roads to specialized bodies and lower-level administrations.

d/ To assign the major bodies to manage the construction of other synchronous technical infrastructures when urban roads are built.

e/ To direct and inspect activities of specialized inspection forces according to current regulations.

f/To direct lower-level Peoples Committees in the management and exploitation of urban roads as decentralized to them.

2. District-level Peoples Committees

a/ To manage urban roads according to their functions and assigned tasks and decentralization by provincial-level Peoples Committees.

b/To perform the administrative management of the use of street pavements and roadbeds, urban order and environmental sanitation in their respective localities, apply measures against the occupation of street pavements or roadbeds, ensuring urban traffic safety and order, environmental sanitation and urban beauty.

c/ To direct sections and boards as well as lower-level Peoples Committees in performing the management functions according to their competence and organize the inspection and handling of violations according to their competence and law.

3. Communal-level Peoples Committees

a/ To manage and use urban roads in their respective localities according to decentralization.

b/ To manage and grant permits for temporary use of street pavements for wedding ceremonies and funerals in their respective localities.

c/ To organize the inspection and handling of violations of regulations on use management of urban roads in their respective localities according to law.

Part 4

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION EFFECT

1. Provincial/municipal Peoples Committees shall organize the implementation of this Circular.

2. This Circular takes effect 15 days after its publication in CONG BAO.

1. Any problems arising in the course of implementation should be reported by localities to the Ministry of Construction for guidance and solution according to its competence.