MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2019/TT-BGTVT	Hanoi, January 11, 2019

 

CIRCULAR

ROAD TRAFFIC-RELATED NATURAL DISASTER MANAGEMENT AND RECOVERY

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Natural Disaster Management dated June 19, 2013;

Pursuant to the Government’s Decree No. 160/2018/ND-CP dated November 29, 2018 on guidelines for some Articles of the Law on Natural Disaster Management;

Pursuant to the Government’s Decree No. 30/2017/ND-CP dated March 21, 2017 on response to emergency and natural disasters and search and rescue;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transport Safety and the Director General of the Directorate for Roads of Vietnam;

The Minister of Transport hereby prescribed road traffic-related natural disaster management and recovery.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for road traffic-related natural disaster management and recovery.

Article 2. Regulated entities

This Circular applies to domestic and foreign organizations and individuals involved in road traffic-related natural disaster management and recovery within the territory of Vietnam.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “road erosion” means the process by which the foundation, positive slope and negative of the road are deformed and damaged by natural disasters.

2. “road work serving natural disaster management” mean a work that is solidly or temporarily built to reduce or mitigate effects of natural disasters on road works, office buildings, warehouses and factories or to serve the forecasting, warning, command and direction related to natural disaster management.

3. “road authority” is the Department of Road Management (for national highways) or the Department of Transportation (for road works under its management).

4. “road work construction and operation enterprise” means a PPP project management enterprise and enterprise assigned by the State to construct and operate a road work.

5. “road work maintenance contractor” means an organization or individual managing, operating and maintaining road works under the contract signed with the road work management authority or authority authorized to manage the road work maintenance project by the State. Road work maintenance contractors include road work management, regular maintenance and operation contractors; construction and repair contractors and other contractors involved in the maintenance of road works.

Article 4. Principles of road traffic-related natural disaster management and recovery

1. Basic principles of natural disaster management specified in Article 4 of the Law on Natural Disaster Management shall be adhered to.

2. As the natural disaster weakens or after the weather returns to normal, organizations and individuals shall, within their jurisdiction, immediately take remedial measures against damage to road works in order to restore traffic, thereby ensuring safe and continuous traffic flow.

3. Natural disaster management and recovery measures specified in the plan shall be taken in manner that ensures adequate quantity of human and material resources by using the four on-the-spot motto “leadership on-the-spot, human resources on-the-spot, means and materials on-the-spot, and logistics on-the-spot” so as to minimize effects of natural disasters and respond to natural disasters within the shortest possible time.

4. Safety of persons and vehicles involved in natural disaster management and recovery, road works and vehicles operating on roads shall be ensured. The number of emergencies and accidents occurring during natural disaster management and recovery shall be reduced.

Chapter II

NATURAL DISASTER MANAGEMENT

Article 5. Tasks in natural disaster management

Road authorities, project management units and road work construction and operation enterprises shall, within their jurisdiction, perform the following tasks in natural disaster management:

1. Prepare natural disaster management plans to reduce effects of natural disasters on road traffic infrastructures and road vehicles and prevent damage to or destruction of works upon occurrence of natural disasters.

2. Within the scope of management, regularly inspect and assess the safety of works that need protection or works serving emergency and  natural disaster management and response. In case of damage or degradation, promptly take remedial measures. In case the damage or degradation is beyond their capacity, immediately notify a supervisory authority thereof prior to the rainy season.

3. Direct the preparation of “Natural disaster management plan” by construction contractors, operating road maintenance contractors and other relevant units. The plan shall be aimed at anticipating possible effects of natural disasters and effects on road works, equipment, assets, factories and road vehicles. The following remedial plans and measures shall be formulated as follows:

a) Measures for reinforcement, repair, covering, shielding, anchoring, tying, support, wedging, insertion and locking aimed at protecting works, factories, equipment, vehicles and goods;

b) Plans for removing vehicles, equipment and goods; plans for rescuing and transporting passengers and goods;

c) Stockpile of materials and equipment for preventing road erosion or prolonged road traffic disruption caused by natural disasters.

d) Measures for preventing objects from impacting or drifting into bridges and culverts in case of flood water;

dd) Plans for ensuring traffic safety and diverting traffic in case traffic congestion occurs on national highways and local roads;

e) Regularly monitoring developments of storms, tropical depressions, rain, floods, emergencies and natural disasters; monitoring current situation of natural disasters affecting works; monitoring works and equipment’s capacity to suffer effects of emergencies and natural disasters;

g) Setting up the status information system during the occurrence of emergencies and natural disasters. Anticipating possible incidents such as power cut or information disconnection to proactively take remedial measures in a quick and effective manner.

4. Strengthen inspection of flood, storm, emergency and natural disaster management by affiliates, especially in key and vital works.

5. Organize and provide training in skills in information processing upon natural disaster management and recovery, and rescue.

6. Command activities of their voluntary forces in charge of natural disaster management and recovery, and rescue.

7. Regularly update developments of natural disasters.

Article 6. Natural disaster management for new road works

1. New road works must be able to withstand the effects of natural disasters.

2. In the process of carrying out surveys and producing designs, it is required to comply with applicable technical standards and regulations according to the following requirements:

a) Study topography and geomorphology of the building site is to be built and basin, formation of upstream works that affect road works. Collect all statistical data on rainfall, volumetric flow rate, water level rise, wave erosion, tides near the coast and wind pressure; conduct research into emergencies and natural disasters of the region, historical data, carry out boring engineering geology investigations in the building site to form a basis for design work;

b) Select appropriate building site, materials and type of structure to minimize effects of natural disasters;

c) Perform hydrological calculations according to the design flow; design the construction according to the wind speed to ensure provision of stability against wind and storms for the entire construction as well as each specific structure; produce design according to standards and regulations while considering effects of global and regional climate change, effects of hydraulic works, hydroelectric works, and agriculture and fishery works and effects of ecosystem destruction by humans, such as deforestation and exploitation of raw materials, resulting in change in environment of the building site;

d) When designing waterway opening, avoid restricting the natural flow of rivers and streams so as not to affect the flood drainage and erode bridge abutments and piers. Calculate the depth of erosion under the bridge abutments and piers to ensure that the elevation of the foundation is lower than river bed level after eroding a safe depth depending on the type of foundation. Design flow control groyne, quarter cone slope paving and approaching road, build impact piers near the bridge piers to prevent trees and floating objects from impacting on the piers;

dd) Regarding road works, ensure adequate quantity of ditches (longitudinal ditches, horizontal ditches, middle ditches) with the drainage area and structure sufficient for water to flow through in the event of heavy rain and flood;

e) The road foundation must be higher than the maximum calculated water level in the event of a natural disaster. In the cases where it is compulsory to let water overflow the road foundation, measures should be taken to protect the road such as paving, and the kerb should be resistant to erosion and road foundation soil should be stabilized to withstand the vehicle load under the condition that the foundation soil is full of water;

g) The slope paving must have a stable slope in case flood, storms, heavy rain, surface water and ground water exert an effect.

h) Apply technological advances to build works that are able to withstand the effects of emergencies and natural disasters. Consider the rules of river hydrology and hydraulics and natural disasters in each region to propose the application of appropriate structures that are able to resist emergencies and natural disasters.

Article 7. Natural disaster management for works in progress

1. Works that have to be constructed for a long time, it is required to take measures for preventing harmful effects of natural disasters to ensure safety of the completed volume, traffic safety and safety of auxiliary works, construction equipment, material storage yards, factories and community buildings.

2. Investors or contractors must buy insurance for persons, equipment, machinery and works. The value of insurance must be equal to or greater than the approved insurance cost specified in the total investment.

3. Natural disaster management during the period of construction design and preparation

a) The construction design and general progress must be based on actual survey data and natural disaster management plan;

b) The general progress must be reasonable. Prolonged construction of work items that have to be constructed under water and in easily submerged areas.

c) The construction site must be appropriately located and withstand natural disasters. Factories and material storage yards must be located in high places, not be submerged and be tied so that they do not collapse in the event of wind or storm;

d) Construction equipment must be safely stored. Floating equipment must be placed in a hiding lock or located in a hiding place from the wind so that it can be anchored in the event of rain and storm;

dd) Natural disaster management plans prepared by construction contractors, road management contractors and road maintenance contractors shall be sent to Command Centers for Natural Disaster Management of districts, and road authorities.

4. Natural disaster management in the process of construction and work completion

a) Works must be constructed in accordance with procedures. Traffic safety must be ensured when constructing works that may affect operating road according to the approved construction plan and natural disaster management plan;

b) Waste materials must not be thrown to avoid flow obstruction. After the construction is done, it is required to unblock river bed to ensure good flow and waterway safety;

c) In case a natural disaster is likely to hit the building site, mobilize persons and equipment; carry out a site inspection and expedite the implementation of the natural disaster management plan;

d) It is required to lower equipment from high places, move vehicles under the river to a hiding place from wind and firmly anchor them; clean up materials and move equipment to yards, prepare supplies serving repair of road works to ensure continuous and safe traffic flow in all circumstances.

dd) Provide forces, equipment, vehicles and supplies necessary for natural disaster management and recovery at the request and by the order of a competent authority.

Article 8. Natural disaster management for works that are being used and operated

1. Regarding small bridges and culverts

a) Regarding small bridges: unblock the flow from upstream to downstream to ensure proper drainage. Easily eroded parts such as quarter cones, approaching road, abutment footing and stilling apron should be repaired and reinforced prior to the rainy season.

b) Regarding culverts: unblock standage and culvert interior before and during rainy reason, reinforce head wall and stilling apron. Regarding culverts located in areas where rocks are available, measures should be taken to prevent rocks, soil and trees from drifting into culverts.

2. Regarding medium and large bridges

a) Regularly and periodically inspect, and annually repair and reinforce medium and large bridges, especially parts easily damaged by rain and flood;

b) Regarding bridges located in areas where rocks and floating trees are available, carry out regular inspection to remove trees and waste so that they cannot cling to the pier body and beam bottom;

c) Regarding rivers and streams whose flow direction changes, take measures for river and stream training and reinforcement of the two sides and abutments;

d) Regarding large bridges, regularly monitor wind speed on bridges. In case the wind speed on the bridge is greater than the design wind speed, promptly close the bridge (traffic suspension) and divert traffic to ensure safety of people and vehicles.

3. Regarding the road foundation, slope paving and kerb shall have grass cut and shall be leveled according to the design slope. In areas where geological structure of the slope paving is unstable, build a groyne or reinforce the slope. In areas where the road foundation is regularly submerged, reinforce kerb, slope paving and surface structure using appropriate materials.

4. Regarding ditches (including longitudinal ditches, middle ditches, drop and chute), remove grass, and dredge mud and rocks to ensure proper drainage. Damage to ditches that affect the drainage should be repaired prior to the rainy season.

5. Regarding spillways, repair surface, slope and stilling apron from upstream to downstream, paint and repair signaling system, guide posts and gauge line pillars. Forces at the both sides of the spillway must be available to direct traffic in the case of overflow. As water recedes, it is required to inspect the status of the spillway and only continue traffic in case safety is ensured.

6. Regarding floating structures, pontoons, ferries and canoes

a) Objects must be firmly fixed on vehicles to ensure no push, roll, breakage or movement during vehicle operation;

b) The watertightness of the deck covers must be ensured. The wall and bottom of ferries, pontoons and canoes must not be punctured or leaked;

c) It is required to ensure that vehicles always operate smoothly, the pumping system must be able to suction the hatch and vehicles dry and open ducks must have sufficient scuppers and ensure proper drainage;

d) Hiding locks and anchoring system must be sufficient to hide ferries and buoys in the event of a natural disaster;

dd) Life-saving and fire-fighting equipment must be sufficiently provided.

7. Regarding tunnels and underpasses

a) Regarding important tunnels, take natural disaster recovery measures in conformity with the scale of the tunnels. In case particular regulations on management of operations are available, such regulations shall be complied with.

b) Carry out regular inspections to promptly repair and reinforce parts easily damaged by natural disasters such as power system, pump system, water drainage system and system for prevention of erosion, rocks and floating trees at the both ends of the tunnel. A backup plan should be available in case a power cut occurs or rainwater flows over the tunnel.

Chapter III

EMERGENCY AND NATURAL DISASTER RESPONSE, SEARCH AND RESCUE

Article 9. Command over emergency and natural disaster response, search and rescue

1. According to natural disaster forecasts, warnings and instructional documents of the superior authority, the Directorate for Roads of Vietnam (for national highways) or the Department of Transportation (for local roads) shall, within its jurisdiction, command the implementation of measures for road traffic-related emergency and natural disaster response, search and rescue.

2. The Command Centers for Natural Disaster Management of transport authorities shall be available 24 hours a day to monitor developments of emergencies and natural disasters; according to the level of danger and effect of natural disasters, terrain  and current situation, select and apply appropriate and timely measures for emergency and natural disaster response, search and rescue; directly direct or advise heads of agencies to direct and manage their organizational structure to implement proposed solutions for emergency and natural disaster response, search and rescue.

3. Road work construction and operation enterprises and agencies shall basically complete the task of natural disaster management prior to the rainy season.

4. According to the natural disaster forecasts and warnings, level of natural disaster risks, natural disaster developments, direction and command given by the Command Center for Natural Disaster Management affiliated to the Directorate for Roads of Vietnam, Departments of Road Management, Departments of Transportation and project management units shall, within their jurisdiction, perform the following tasks:

a) Decide to select plans and measures, and organize emergency and natural disaster response, search and rescue according to natural disaster developments and local current condition. In case it is beyond their capacity, notify the Ministry of Transport and the Directorate for Roads of Vietnam (for national highways) and People’s Committees of provinces (for local roads) for cooperation in emergency and natural disaster response, search and rescue;

b) Cooperate with local Command Centers for Natural Disaster Management in proactively organizing emergency and natural disaster response, search and rescue;

c) Collect information and promptly submit reports on damage caused by natural disasters and take responsibility for the accuracy of information and report.

5. As a natural disaster occurs, road authorities, project management units and road work construction and operation enterprises shall, within their jurisdiction, take proposed measures for emergency and natural disaster response, search and rescue while satisfying the following requirements:

a) Rescue people and protect assets of the State and people;

b) Carry out reinforcement and repair in the locations and areas where the emergency occurs to lessen effects on road traffic infrastructure. If the emergency is beyond their capacity, immediately notify thereof to a competent authority for necessary assistance;

c) When it is found that roadslide or landslide or flash flood is likely to occur, causing danger to people and road vehicles, it is required to restrict or divert vehicles or prohibit vehicles from travelling;

d) Carry out supervision, provide guidance and proactively restrict or prohibit people and vehicles from entering dangerous areas, deeply flooded roads and areas prone to landslide caused by rain, flood or flow;

dd) Ensure that traffic and communication are able to serve command over emergency and natural disaster response, search and rescue;

e) Cooperate with local Command Centers for Natural Disaster Management in carrying out search and rescue, giving first aid to injured persons and providing food, medicine, drinking water and other necessities in isolated areas and seriously inundated areas;

g) Cooperate in ensuring social order and security in areas where the emergency or natural disaster occurs;

h) Follow directions given by competent authorities, urgently provide human and material resources, equipment, vehicles and necessities to promptly respond to natural disasters;

i) Suspend the emergency/natural disaster response, search and rescue when it is found that people, vehicles and equipment involved in disaster response may suffer from danger; issue the command to blockade dangerous areas for safety reasons.

6. Upon mobilizing forces, standby supplies, equipment and vehicles under their management to respond to an emergency/natural disaster and carry out search and rescue, the competent authority and road work maintenance contractor shall comply with mobilization procedures and prepare receipts for materials as prescribed by law to form a basis for payment and refund.

In case forces, standby supplies, equipment and vehicles have been mobilized on the scene for emergency/natural disaster response, search and rescue but the emergency/natural disaster has not occurred, it is required to make a record and request the representative of the road authority, Command Center for Natural Disaster Management of the district or People's Committee of the district to certify the record to form a basis for payment. The Department of Road Management and Department of Transportation shall consider, carry out appraisal and make payment or request a competent authority to make payment as prescribed.

Article 10. Cooperation in emergency and natural disaster response, search and rescue

1. The cooperation in rescuing people in danger in areas where the natural disaster occurs covers:

a) Evacuation of people from dangerous areas;

b) Provision of first aid to people in danger; search for lost persons and vehicles;

c) Mobilization of human resources, supplies and equipment for giving first aid to victims when necessary.

2. Responsibility for cooperation in rescue:

a) Departments of Road Management, Departments of Transportation, project management units and road work construction and operation enterprises shall proactively carry out rescue and carry out search and rescue when mobilized by the competent authority;

b) Forces in charge of responding to emergency and natural disaster on the scene must reach their full potential for rescuing victims (if any) from dangerous areas or dangerous situation. In case it is beyond their capacity, immediately notify forces specialized in search and rescue or the nearest health facility, and get ready for cooperation upon request;

c) Departments of Road Management, Departments of Transportation, project management units and road work construction and operation enterprises shall proactively carry out rescue activities under their management. In case it is beyond their capacity, notify People’s Committees of provinces, Command Centers for Natural Disaster Management affiliated to the Directorate for Roads of Vietnam and the Ministry of the Ministry of Transport.

3. As the natural disaster damages road works and causes traffic congestion, Departments of Road Management, Departments of Transportation, project management units and road work construction and operation enterprises shall, within their jurisdiction, quickly cooperate with Command Centers for Natural Disaster Management of districts in verifying damage and propose measures for natural disaster recovery and traffic safety assurance within the shortest possible time; notify such damage to the competent superior authority and publish them on mass media.

4. Road inspecting authorities shall proactively cooperate with other competent forces in directing and diverting traffic, and ensuring security and social order.

Chapter IV

NATURAL DISASTER RECOVERY

Article 11. Natural disaster recovery activities

1. Search for and rescue victims; salvage the State and people’s vehicles and assets affected by natural disasters.

2. Participate in provision of relief and assistance, and settlement of life of the people in areas hit by natural disasters or areas where traffic is disrupted due to flood or storm.

3. Investigate, survey and aggregate damage and propose remedial measures.

4. Repair and restore damaged road works to ensure continuous traffic flow.

5. Repair construction equipment, office buildings, warehouses and factories, take quick measures to restore production.

6. Provide ecological sanitation and fight against diseases.

Article 12.  Traffic safety assurance and natural disaster recovery

1. First step traffic safety assurance and natural disaster recovery means the repair and restoration of damage to road works, which are carried out after the natural disaster weakens or returns to normal with the aim of repairing damage to traffic infrastructure in order to ensure continuous and safe traffic flow within the shortest possible time. Within the scope of management and according to the four on-the-spot motto, the contractors in charge of management, regular maintenance and operation of road works (for operating roads), and construction contractors (for works and projects that are in progress and maintained) shall take responsibility for the aforementioned activity. In case it is beyond their capacity, promptly notify thereof to road authorities, project management units and road work construction and operation enterprises.

2. Second step traffic safety assurance and natural disaster recovery means the activity that is carried out after completing the first step traffic safety assurance and natural disaster recovery. Road work maintenance contractors, road authorities and road work construction and operation enterprises shall carry out an overall re-assessment of damage to infrastructure and notify the competent authority of re-assessment results and remedial plan. In case it is required to make investment to restore a work according to a regulation and standard before it is damaged or upgraded, investment procedures shall be initiated as prescribed.

3. Regarding natural disaster recovery for road works that are in progress and under warranty, according to the scope of construction, the construction contractor shall notify the investor, insurance authority, local government of the district and relevant authorities to carry out a site inspection and assess damage caused by the natural disaster and prepare a remedial plan to form a basis for provision of compensation by the insurance authority. In case a major damage occurs and it is beyond the capacity for providing compensation, the investor shall submit a report on its degree and estimated damage cost to the investing authority for consideration.

Article 12. Work items serving first step traffic safety assurance and natural disaster recovery

1. Respond to and relieve traffic congestion

As the natural disaster disrupts traffic, the road authority, project management unit, contractor in charge of regular maintenance and operation of road works, construction contractor and road work construction and operation enterprise shall, within their jurisdiction, mobilize forces to perform the following tasks:

a) Appoint persons to be on duty and put up warning sign at both ends of the damaged route, do the cleaning to form at least one travel lane. Regarding seriously damaged sections or works, it is required to build barricades, appoint persons to stand guard, direct and divert traffic, and publish thereof on the mass media. Regarding the road sections over which water flows, consider allowing appropriate types of vehicles to run on them according to the flow depth, flow velocity and condition of damaged works, however, it is required to put up guide posts and gauge line pillars and there should be persons standing guard at both ends of such road sections to divert traffic and prohibit heavy-duty vehicles;

b) Make a “Damage verification record” on the scene (location, chainage; description and assessment of damage to road works; preliminary volume of works damaged; proposed remedial measures). The record is made with the participation by the road authority, road work maintenance contractor and Command Center of Natural Disaster Management of the district or People’s Committee of the district where the damage is inflicted. Authorities’ representatives signing the record shall take legal responsibility for the accuracy of the record.

c) Carry out repair so that road is temporarily opened to traffic to ensure continuous traffic flow, and send a notification of remedial measures taken to the road authority and the superior Command Center for Natural Disaster Management;

d) Prepare a repair plan, carry out land surveying, calculate construction volume and progress, and make an estimate of damage; carry out technical supervision of work items serving the first step traffic safety assurance and natural disaster recovery.

2. Organize the repair of damage to road works and natural disaster recovery

a) In case minor and medium damage occurs, such as a utility pole or big tree with a size of ≤ 30 cm falls across the road, the remaining width of the road surface after erosion of the positive slope is at least 4 m, and the volume of road paving in a location does not exceed 100 m³, the construction contractor shall proactively mobilize forces to repair such damage so that the road is temporarily opened to traffic, and then complete the repair so that the road is officially opened to traffic;

If the pipe system is damaged, the road foundation or surface is eroded, collapses or subsides, or potholes are formed, thereby threatening traffic safety, it is required to immediately take remedial measures to ensure traffic safety. According to each situation, implement a remedial plan and use materials in an appropriate manner or restore the damaged road foundation or surface by forming an equivalent structural layer;

The damaged road signaling system and auxiliary works should be immediately restored to ensure continuous and safe traffic flow.

b) In case major damage occurs (the entire road surface is completely eroded, soil and rocks cover the road foundation or surface with a large volume, small bridges collapse, culverts are swept away, a road section is split or flood water level rises), the road authority, project management unit and road work construction and operation enterprise shall, within the scope of management, directly provide guidance and manage the repair, mobilize their affiliates, select capable contractors to cooperate in construction, and mobilize human resources, standby vehicles, equipment and supplies in order to divert traffic, open a detour so that the road is temporarily opened to traffic (regarding areas where bypass is not available); repair damage to bridges and culverts or erect a temporary bridge so that the main route is opened to traffic or carry out leveling for safe traffic opening. In case the positive slope collapses, build a riprap gabion groyne and cover the road surface with an appropriate material or build a road to the negative slope side (depending on the terrain) or adopt another remedial plan by using an appropriate material relevant to the current local condition in a quick and effective manner;

c) In case substantial damage occurs and complicated techniques are required (tunnels or bridges of at least medium size collapse), the Directorate for Roads of Vietnam, People’s Committee of the province and the project management unit shall direct and manage the rescue and repair. Before repairing a work, organize remote traffic divergence on detours or build local detours for temporary opening of road.

Article 14. Regulations on documents about first step traffic safety assurance and natural disaster recovery

1. Responsibility for preparing and inspecting documents about first step traffic safety assurance and natural disaster recovery

a) Departments of Road Management, regarding national highways;

b) Departments of Transportation, regarding local roads and national highways under their management;

c) Within 30 working days from the date of completing tasks related to the first step traffic safety assurance and natural disaster recovery, the authorities specified in Points and b of this Clause shall prepare and submit documents to the competent authorities specified in Clause 2 of this Article for approval.

2. The power to appraise and approve documents about first step traffic safety assurance and natural disaster recovery

a) Directorate for Roads of Vietnam, regarding national highways;

b) People’s Committees of provinces, regarding local roads;

c) Documents shall be appraised and the appraisal result shall be notified within 30 days from the receipt of the satisfactory documents.

3. Documents about the first step traffic safety assurance and natural disaster recovery consist of:

a) A statement given by the preparing authority;

b) A description of the natural disaster recovery plan;

c) Telegrams, orders and instructional documents issued by competent authorities about natural disaster recovery for the damage mentioned in the documents about the first step traffic safety assurance and natural disaster recovery;

d) An initial report on damage enclosed with photos thereof, which is submitted by the preparing authority and other relevant authorities and units;

dd) A record on certification of completed volume enclosed with a detailed list;

e) An as-built drawing;

g) A cost estimate for the completed first step traffic safety assurance and natural disaster recovery, enclosed with detailed descriptions thereof;

h) A damage verification record made on the scene with the participation by the Command Center of Natural Disaster Management of the district or People’s Committee of the district where the damage is inflicted;

i) Construction drawings showing the volume and structure of makeshift works (applicable to cases specified in Points b and c Clause 2 Article 13 of this Circular).

4. Regarding road works that are constructed and operated under a BOT contract and other project contracts, the road work construction and operation enterprise shall prepare documents about the first step traffic safety assurance and natural disaster recovery and work towards an agreement with a competent authority within the period of business and operation according to regulations of law and project contract. The documents shall be prepared in accordance with regulations of this Circular.

5. Authorities, units and individuals assigned to prepare documents about the first step traffic safety assurance and natural disaster recovery shall take legal responsibility for their accuracy.

Chapter V

MANAGEMENT AND USE OF STANDBY VEHICLES, EQUIPMENT AND SUPPLIES AND FUNDING FOR NATURAL DISASTER MANAGEMENT

Article 15. Management and use of standby vehicles, equipment and supplies

1. Standby supplies and equipment for natural disaster management and recovery

a) Supplies and equipment mainly include personal protective equipment, life jackets, flashlights, sacks, tarpaulins, riprap, macadam, steel gabions, cables, steel wires, ropes, hammers, hoes, shovels, asphalt, cement, gasoline, oil, bridge girders, steel piles, concrete piles, road signs, barricades, guardrails; generators, pumps, welding machines, jacks, wired and wireless communication equipment;

b) Standby equipment and supplies shall be provided, kept and store at warehouses containing standby assets serving natural disaster management. The Ministry of Transport shall decide on the establishment and location of and framework standards applied to warehouses containing standby assets serving natural disaster management according to the proposal submitted by the Directorate for Roads of Vietnam.

2. Vehicles serving natural disaster management and recovery

a) Vehicles mainly include ferries, rescue cranes, cranes serving loading and unloading , rescue vehicles, trucks, canoes, piling hammers, excavators, bulldozers;

b) The Directorate for Roads of Vietnam, Departments of Road Management and Departments of Transportation of local authorities shall prepare a plan to mobilize vehicles serving natural disaster management and recovery.

3. The power to mobilize standby vehicles and supplies

a) Heads of Command Centers for Natural Disaster Management affiliated to the Ministry of Transport and the Directorate for Roads of Vietnam have the power to mobilize standby supplies, vehicles and equipment under their management to serve natural disaster management on national highways; or provide assistance to local authorities under the direction of the National Committee for Natural Disaster Management;

b) Directors of Departments of Road Management have the power to mobilize standby supplies, vehicles and equipment under their management to serve natural disaster response, search and rescue on national highways under their management;

c) Directors of Departments of Transportation have the power to mobilize standby supplies, vehicles and equipment under their management to serve natural disaster response, search and rescue on local roads;

d) Authorities assisting the persons specified in Points a, b and c of this Clause shall mobilize standby materials, vehicles and equipment shall complete payment and settlement procedures as prescribed after the mobilization of standby supplies, vehicles and equipment is done.

4. Management and maintenance of standby equipment and supplies

a) On an annual basis, Departments of Road Management (for national highways) and Departments of Transportation (for local roads) shall manage and maintain standby equipment and supplies, make a cost estimate for maintenance and protection of warehouses containing standby equipment and supplies and submit it to the Directorate for Roads of Vietnam (for national highways) and People’s Committees of provinces (for local roads);

b) The Directorate for Roads of Vietnam shall carry out review, prepare an overall plan for production, procurement, repair and storage of standby equipment and supplies, make a cost estimate for maintenance and protection of warehouses containing standby equipment and supplies and submit it to the Ministry of Transport for approval before June 30;

c) The units specified in Point a of this Clause shall use books and records for monitoring and management of use of assets, standby equipment and supplies as prescribed. At the end of the year, the units shall report changes to assets, standby equipment and supplies, and do final annual accounts in accordance with applicable regulations.

Article 16. Funding for road traffic-related natural disaster management and recovery

1. Funding for road traffic provided by the state budget as prescribed.

2. Local government budgets for natural disaster response, search and rescue.

3. Funding sources from road work construction and operation enterprises.

4. Insurance payouts under construction insurance policies (if any).

5. Relief provided by domestic and foreign organizations and individuals upon occurrence of natural disasters; other legal capital sources prescribed by law.

Article 17. Management, use, payment and settlement of funding

1. The funding for road traffic-related natural disaster management and recovery shall be managed, used, paid and settled as prescribed by law.

2. The funding for road traffic-related natural disaster management and recovery shall be used for:

a) first step traffic safety assurance and natural disaster recovery on roads under the management of the central government;

b) recurrent activities carried out by Command Centers for Natural Disaster Management affiliated to the Ministry of Transport and the Directorate for Roads of Vietnam;

c) production, procurement and repair of standby supplies and equipment for natural disaster management;

d) maintenance and repair of warehouses containing standby equipment and supplies;

dd) hire of vehicles and repair of vehicles (if the damage is caused for objective reasons) mobilized to serve natural disaster response, search and rescue by the order of the competent authority of the Directorate for Roads of Vietnam or the Department of Transportation;

e) other tasks related to natural disaster response, search and rescue.

3. Annually, when allocating the estimate of expenditure, the Ministry of Transport shall deduct 2% of total expenditure on occasional tasks related to natural disaster management and recovery.

In case the Ministry of Transport is yet to completely allocate the estimate of expenditures on occasional tasks related to natural disaster management and recovery by September 30 of the plan year, the estimate shall be allocated to the remaining road traffic-related tasks.

4. The use of funding by local authorities for natural disaster response for local roads shall comply with regulations of People’s Committees of provinces and central-affiliated cities.

5. Funding for natural disaster management by road work construction and operation enterprises (for investment projects under the BOT contract and other project contracts) shall be included in the financial plan tailor for the work and settled as prescribed.

Chapter VI

NATURAL DISASTER WATCH AND INSPECTION OF NATURAL DISASTER MANAGEMENT AND RECOVERY

Article 18. Natural disaster watch

1. Duration of watch

a) Duration of natural disaster watch is defined by the Minister of Agriculture and Rural Development.

b) According to natural disaster developments and national holidays, heads of Command Centers for Natural Disaster Management at all levels shall decide on the number of watchmen and adjust watch schedule according to the duration specified in Point a of this Circular.

2. Watchmen

a) Leaders and officials assisting the Command Center for Natural Disaster Management affiliated to the Ministry of Transport;

b) Leaders and officials assisting the Command Center for Natural Disaster Management affiliated to the Directorate for Roads of Vietnam;

3. Tasks of a shift

a) Assist Command Centers for Natural Disaster Management at all levels in monitoring and grasping all situations related to natural disaster management and recovery such as weather developments, rain, floods, storms and other natural disasters; operations of works serving natural disaster management and recovery; organization of forces serving natural disaster management and recovery and mobilization of resources for natural disaster response (including human resources, supplies, vehicles and equipment);

b) Receive directives, orders and notifications of the National Committee for Natural Disaster Management and Response, Central Command Center for Natural Disaster Management and superior Command Centers for Natural Disaster Management to promptly send them to affiliates;

c) Advise the National Committee for Natural Disaster Management and Response, Central Command Center for Natural Disaster Management and superior Command Centers for Natural Disaster Management about organizing the natural disaster management and recovery within areas under their management, handling of work-related emergencies and mobilization of forces supporting local authorities by the orders of the superior Command Centers for Natural Disaster Management;

d) Collect information and submit a consolidated report on natural disaster management and recovery within its jurisdiction to superior Command Centers for Natural Disaster Management on a periodic basis and after each natural disaster or at the request of the Government and Central Command Center for Natural Disaster Management.

Article 19. Benefits for watchmen and persons mobilized to engage in natural disaster management and recovery

1. Watchmen and persons mobilized to engage in natural disaster management and recovery (at the office and on the scene) shall receive shift work benefits, allowances and overtime pay as prescribed.

2. Persons that have the power to decide to mobilize human resources, supplies, vehicles and equipment of organizations and individuals under their management shall provide state funding for participants in natural disaster management, search and rescue or refund or compensate organizations and individuals mobilized to engage in natural disaster management and recovery.

Article 20. Reporting regulations

Reports on natural disaster management and recovery shall be submitted in accordance with the law on natural disaster management and the following regulations:

1. As a natural disaster occurs, depending on its degree, the Department of Road Management (for national highways), Department of Transportation (for road works under its management), project management unit (for projects in progress and works under warranty), road work construction and operation enterprise (for road works constructed and operated under the BOT contract and other contract projects) shall report natural disaster management and recovery to Command Centers for Natural Disaster Management affiliated to the Ministry of Transport and the Directorate for Roads of Vietnam. To be specific:

a) Direct report means the reporting of natural disaster developments by telephone, mobile phone or through the transmission of data and images about severe emergencies and damage that are caused to road traffic and threaten people’s life so that remedial measures shall be immediately taken;

b) Daily report means a written report submitted by email or fax before 08:00 and 16:00 during a natural disaster so that developments are grasped and remedial measures are promptly adopted or proposed to the superior authority.

2. Quick report means a written report prepared by an authority or unit after a natural disaster and submitted to the superior Command Center for Natural Disaster to report damage, effects, remedial measures and proposals (if any).

3. Ad hoc report: Upon receipt of the request for an ad hoc report from superior natural disaster management authorities, the recipients shall submit the report as requested to serve the natural disaster management-related tasks.

4. Annual report: Before January 15, the Command Center for Natural Disaster Management affiliated to the Directorate for Roads of Vietnam shall prepare an annual report on natural disaster management enclosed with a natural disaster management plan for the next year, recommendations and proposals (if any) and submit them to the Command Center for Natural Disaster Management affiliated to the Ministry of Transport, which will submit a consolidated report to the Central Committee for Natural Disaster Management, and prepare a natural disaster management plan

Article 21. Inspection of natural disaster management and recovery

1. The Ministry of Transport and Directorate for Roads of Vietnam shall prepare an annual inspection plan and inspect the compliance of regulations of the law on natural disaster management and recovery and management, storage and use of standby supplies and equipment by relevant authorities and units.

In order to cope with natural disaster developments, the Command Centers for Natural Disaster Management affiliated to the Ministry of Transport and the Directorate for Roads of Vietnam, and competent authorities shall carry out ad hoc inspections to remedy shortcomings and take actions against violations to increase the effectiveness in state management of natural disaster management and recovery.

2. Departments of Road Management, Departments of Transportation, project management units and road work construction and operation enterprises shall, within their jurisdiction and according to local conditions, proactively carry out periodic and ad hoc inspections of compliance of regulations on natural disaster management and recovery, and management, storage and use of standby supplies and equipment by their affiliates, enterprises and construction contractors in areas under their management.

3. Heads of relevant organizations shall direct the inspection and self-inspection of natural disaster management and recovery within their jurisdiction.

Chapter VII

IMPLEMENTATION CLAUSE

Article 22. Implementation clause

1. This Circular comes into force from March 28, 2019 and supersedes the Circular No. 30/2010/TT-BGTVT dated October 01, 2010 of the Minister of Transport.

2. The documents about the first step traffic safety assurance and natural disaster recovery which have been prepared and submitted to a competent authority for appraisal but have not yet been approved before March 28, 2019 shall continue to be appraised and approved as prescribed in Article 21 of the Circular No. 30/2010/TT-BGTVT dated October 01, 2010 of the Minister of Transport.

3. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors, General Director of the Directorate for Roads of Vietnam, Directors of Departments of Transportation of provinces and central-affiliated cities, heads of relevant authorities, organizations and individuals are responsible for the implementation of this Circular./.

 

PP. THE MINISTER THE DEPUTY MINISTER Le Dinh Tho