CIRCULAR

ROAD-RELATED NATURAL DISASTER MANAGEMENT AND RECOVERY

The Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 28, 2019, is amended by:

The Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport on amendments to some Articles of Circulars on regulations on periodic road reporting, which has been effective since February 15, 2021.

The Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

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;

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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-related natural disaster management and recovery[1].

Chapter I

GENERAL

Article 1. Scope

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

Article 2. Regulated entities

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

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

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

2. “road work serving natural disaster management” means 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.

2a. [2] “road-related disaster emergency” means a past or existing natural disaster event which affects or is likely to threaten lives of people and safety of vehicles participating on roads, road traffic infrastructure, thereby making it necessary to immediately take emergency response measures to promptly prevent consequences and quickly overcome consequences, and is declared under a decision of a competent person.

3. [3] “road authorities” are the Directorate for Roads of Vietnam and Departments of Road Management; transport authorities affiliated to provincial People’s Committees (hereinafter referred to as “the Department of Transport”), district-level People’s Committees and communal People’s Committees.

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

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-related natural disaster management and recovery[4]

1. [5]  Basic principles of natural disaster management and rescue specified in Article 4 of the Law on Natural Disaster Management and Article 4 of the Government’s Decree No. 30/2017/ND-CP dated March 21, 2017 shall be adhered to.

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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 as soon as possible.

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 infrastructure 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:

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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.

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Article 6. Natural disaster management for new road works

1. [6] (repealed)

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;

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h) Apply technological advances to build works that are able to withstand the effects of emergencies and natural disasters.  Study 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;

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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 in use

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.

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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

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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

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1. [7] 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; national highway routes/sections ) shall, within its jurisdiction, command the implementation of measures for road-related emergency and natural disaster response, search and rescue.

2. Steering Committees for Natural Disaster Management and Search and Rescue 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 Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport and Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Directorate for Roads of Vietnam, Departments of Road Management, Departments of Transport 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 Steering Committee for Natural Disaster Management and Search and Rescue 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;

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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 Steering Committees for Natural Disaster Management and Search and Rescue 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 Transport shall consider, carry out appraisal and make payment or request a competent authority to make payment as prescribed.

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1. Power to issue decisions

a) The Minister of Transport shall decide to declare the disaster-related emergencies with regard to national highways and expressways; the Steering Committees for Natural Disaster Management and Search and Rescue or specialized agency affiliated to the Ministry of Transport shall advise the Minister of Transport on disaster-related emergency declaration;

b) Every Chairman/Chairwoman of the provincial People’s Committee shall decide to declare and terminate the disaster-related emergencies with regard to local roads; the provincial Steering Committee for Natural Disaster Management and Search and Rescue or specialized road traffic authority shall advise the provincial People’s Committee on decision on disaster-related emergency declaration.

2. A decision on declaration of disaster-related emergency contains the following main information:

a) Starting time, developments and extent of impact of the disaster or incident; damage to road traffic infrastructure caused by the disaster; degree of damage to the works; possible damage or risk of causing damage;

b) Emergency measures that need to be immediately applied to respond to and remedy the consequences in order to prevent and minimize the damage caused by the disaster or work incident;

c) Delegation of responsibility to agencies and units concerned for disaster and incident response and recovery.

3. Termination of a disaster-related emergency

Based on disaster developments or recovery results, the advising agency shall submit to the competent person specified in clause 1 of this Article a decision on disaster-related emergency termination.

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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 Transport, 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, Steering Committees for Natural Disaster Management and Search and Rescue affiliated to the Directorate for Roads of Vietnam and Steering Committees for Natural Disaster Management and Search and Rescue affiliated to 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 Transport, project management units and road work construction and operation enterprises shall, within their jurisdiction, quickly cooperate with Steering Committees for Natural Disaster Management and Search and Rescue 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.

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Chapter IV

NATURAL DISASTER RECOVERY

Article 11. Natural disaster recovery activities[9]

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 settlement of life of the people in areas hit by natural disasters or areas where traffic is disrupted due to natural disasters.

3. Build emergency infrastructures serving disaster recovery, ensuring road traffic safety.

4. Repair and restore construction equipment classified as public property.

5. Take measures to maintain environmental hygiene and prevent and control diseases in areas affected by incidents and natural disasters.

Article 11a. Building emergency infrastructures serving disaster recovery[10]

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2. Power to decide to issue orders to build emergency infrastructure issued by the competent authority.

a) The Director General of the Directorate for Roads of Vietnam shall make decisions regarding national highways and expressways managed and maintained by the Ministry of Transport (except for the cases specified in points c and d of this clause); the Steering Committee for Natural Disaster Management and Search and Rescue or specialized agency affiliated to the Directorate for Roads of Vietnam shall advise the Director General of the Directorate for Roads of Vietnam to decide to issue orders to build emergency infrastructure;

b) Chairmen/Chairwomen of People’s Committees at all levels shall make decisions regarding local roads under their management;

c) The head of the specialized construction authority of the Ministry of Transport shall make decisions regarding newly built, renovated and upgraded road works for which the Ministry of Transport acts as an investment decision maker or project owner;

d) The head of the central government authority representing state ownership shall make decisions regarding road works under management of enterprises assigned by the State to build, manage and operate road works.

3. An order to build emergency infrastructure contains the following main information:

a) Purposes and location of construction;

b) Person assigned to manage the construction;

c) Building works serving natural disaster recovery and traffic safety assurance as prescribed in Article 13 of this Circular (regarding the road works in use), Disaster recovery measures prescribed by regulations of law on construction, disaster prevention and control (regarding the projects on road construction, renovation or upgrading);

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dd) Expected costs and resources for construction and other related necessary requirements.

4. The person assigned to manage and carry out the construction shall decide on all tasks related to emergency infrastructure construction activities himself/herself, including:

a) Assigning organizations and individuals to carry out survey, design, supervision and construction and undertake other necessary tasks in support of construction of emergency infrastructures;

b) After the construction is done, prepare and submit the completed infrastructure documentation as prescribed in Article 14 of this Circular.

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 as soon as possible. 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 roads in use), 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. [11] Disaster recovery and traffic safety assurance during construction period regarding a project on road construction, renovation or upgrading

a) On road routes or sections assigned to execute the project, the project owner or investor shall repair damage and recover from disaster caused to all road works and road safety corridors (including items that are not project items);

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c) If there is major damage or damage to an item other than the project item, the project owner or investor shall report its degree and estimated damage cost to the investment decision maker or competent authority for consideration and decision.

4. [12] Disaster recovery and traffic safety assurance during construction period regarding a road maintenance project

a) Within the permitted scope of construction, the construction contractor shall notify the project owner or investor, insurance authority, local government or Steering Committees for Natural Disaster Management and Search and Rescue 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 of purchase of infrastructure insurance);

b) If insurance is not bought or insurance is bought but major damage occurs in excess of the insurance coverage, the project owner or investor shall report its degree and estimated damage cost to the investment decision maker or competent authority for consideration and decision;

c) If there is damage to road traffic infrastructure within the permitted scope of construction but the damaged item is not the project item or item of the infrastructure under construction, the road authority and contractor in charge of management, regular maintenance and operation of road works shall comply with the regulations laid down in Articles 13 and 14 of this Circular.

5. [13] Disaster recovery and traffic safety assurance regarding the road project that has been put into operation and under warranty

a) For the road traffic infrastructure that is not an item of the project that has been put into operation, if it is damaged upon occurrence of a disaster, the road authority and contractor in charge of management, regular maintenance and operation of road works shall comply with the regulations laid down in Articles 13 and 14 of this Circular.

b) For the road traffic infrastructure that is an project item, if it is damaged upon occurrence of a disaster, the road authority shall notify the project owner and relevant units so that they are immediately present at the scene to cooperate in identifying the cause and responsibility for repair of the damage; in case of failure to conclude the cause and responsibility for repair of damage, the project owner shall carry out an assessment to identify the cause and responsibility;

If the damage is caused by the disaster, the road authority and contractor in charge of management, regular maintenance and operation of road works shall comply with the regulations set out in Articles 13 and 14 of this Circular; if it is determined that the damage is caused by quality of the works under warranty, the project owner shall immediately carry out repair and remedial actions and take legal responsibility for failure to carry out repair or carrying out repair without ensuring quality, thereby threatening traffic safety.

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a) For the road traffic infrastructure that is not an item of the project that has been put into operation, if it is damaged upon occurrence of a disaster, the investor and PPP project enterprise shall immediately repair the damage as prescribed in Articles 13 and 14 of this Circular;

b) For the road traffic infrastructure that is an project item, if it is damaged upon occurrence of a disaster, the investor and PPP project enterprise shall notify the road authority so that they are immediately present at the scene to cooperate in identifying the cause for the damage; in case of failure to conclude the cause for damage, the investor and PPP project enterprise shall carry out an assessment to identify the cause to determine the costs of damage repair;

If the damage is caused by the disaster, the investor and PPP project enterprise shall comply with the regulations set out in Articles 13 and 14 of this Circular; if it is determined that the damage is caused by quality of the works under warranty, the investor and PPP project enterprise shall immediately carry out repair and remedial actions and take legal responsibility for failure to carry out repair or carrying out repair without ensuring quality, thereby threatening traffic safety.

Article 13. Work items serving first step traffic safety assurance and natural disaster recovery[15]

1. Respond to and relieve traffic congestion

Immediately after the competent authority declare a disaster-related emergency, the road authority; project management unit; investor; contractor in charge of management, regular maintenance and operation of road works; construction contractor; road work construction and operation enterprise shall, within their jurisdiction, proactively perform the following tasks:

a) When a disaster causes damage and disrupts road traffic: use barricade tapes, put up barriers and warning signs 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 make an announcement on the mass media. If the flood depth and flow velocity are great, put up guide posts, use navigation buoys and gauge line pillars and cooperate with the local government in putting barriers, diverting traffic or prohibiting vehicles or regulating traffic and issue other warnings if necessary;

b) If any utility pole falls, the remaining width of the road surface after erosion of the fill slope is ≤ 3m; landslide and cut slope rock embankment erosion occurs on road foundation and surface at each location with a volume not exceeding 100 m³; mud, soil, stones, trees and garbage clog up the drainage system causing obstruction to the flow of water in culverts and under bridges: focus on clearing and unblocking culverts and trenches; temporarily fill trenches or trim the cut slope to make the road surface ≥ 4 m in width so that the road is temporarily opened to traffic and then restore the road to its original condition so that it is officially opened to traffic;

c) If the road signaling and traffic safety systems are damaged: immediately restore them to their original condition, replace the traffic safety system or build a new traffic safety system to ensure continuous and safe traffic flow;

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2. Cases where minor and medium damage occur

a) Regarding road surface subsidence, local subsidence, potholes, peeling road and pavement erosion; road surface damaged due to high tide; subsidence, erosion of the rescue road and rescue holes: carry out leveling ensuring smoothness and put up temporary signs; weather permitting, immediately repair the road using appropriate materials or restore to the original or equivalent structure and the traffic safety system in order to ensure traffic safety and work safety and conformity with operating conditions;

b) Regarding small bridges (including erosion of quarter cones, cut-off dike, approaching road, abutment footing and stilling apron) threatening traffic safety and work safety: repair the damage using cement concrete or reinforced concrete or use armour rock gabions to ensure rock safety;

c) Regarding culverts (including erosion from upstream to downstream, head wall, side wall and stilling apron): repair the damage using cement concrete or reinforced concrete and use armour rock gabions to facilitate drainage;

d) Water drainage system (including longitudinal ditches, middle ditches, drop and chute) suffering erosion, dislodging and local inundation: unblock, dredge mud, soil and rocks to facilitate drainage; reinforce, replace damaged trenches or install new drenches to convey water to other places to facilitate drainage;

dd) Regarding spillways (including erosion of surface, slope and stilling apron from upstream to downstream; damage to signaling system, guide posts and gauge line pillars): repair the damage using cement concrete or reinforced concrete or use armour rock gabions or restore to the original or equivalent structure;

e) Regarding damaged or collapsed auxiliary works including camps, working offices, offices for local road authorities, warehouses, factories and warehouses for storage of reserve supplies: restore or replace auxiliary works or build new auxiliary works in accordance with technical standards and operating conditions.

3. Cases where major damage occurs

a) If the cut slope slides resulting in cracks or the predicted slide surface continues to slide: reduce part or entire load of deposits on the predicted slide surface or open a local detour so that the road is temporarily opened to traffic (for the areas where bypasses are not available);

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c) If the fill slope subsides and impinges on part of the road surface posing a risk of road cracking: depending on the topography and geology, use steel piles to build anti-subsidence retaining walls in combination with armour rock gabions or reinforced concrete embankment or open a road to the cut slope (depending on the terrain) or carry out repair using materials suitable for the local actual conditions;

d) If the fill slope subsides and erodes along rivers, streams, canals and coastlines or deeply impinges on the road foundation: depending on the terrain, adjust the route to the cut slope or open a road inside or place steel gabions or use steel sheet piles to build anti-subsidence retaining walls or build reinforced concrete embankment or carry out repair using materials suitable for the local actual conditions in a quick and effective manner. Regarding rivers and streams on which the flow changes and water flows directly into the fill slope: adapt the flow and fill slope for the terrain;

dd) If a small bridge collapses or is damaged threatening traffic safety: use barricade tapes, put up barriers and temporary signs and divert traffic; repair, reinforce or open a local detour so that the road is temporarily opened to traffic or erect a temporary bridge so that the main route is opened to traffic;

e) Culverts are damaged, broken, drifted and deeply sunken or their aperture fails to ensure drainage: repair the damage or replace the culverts or build new culverts in a quick and effective manner;

g) On a section of road which is cracked or buckled or on which transverse or longitudinal joint or rutting is available; cracked or broken road surface; the frequently flooded road section: carry out leveling ensuring smoothness and put up temporary signs and other signs; weather permitting, immediately carry out repair to restore to the original or equivalent structure in order to ensure traffic safety and work safety in conformity with operating conditions;

h) Regarding floating structures, pontoons, ferries and canoes (including damage to the signaling system; work-related emergencies, vehicle sinking, and drifting): repair, produce or install signals to ensure that vehicles safely operate on routes; take traffic circulation, anti-collision and restriction measures, prevent collision to carry out salvage and clearance of obstacles caused by sunken vehicles; repair damaged vehicles.

4. Cases where substantial damage occurs and complicated techniques are required

If tunnels or bridges of at least medium size collapse: use barricade tapes, put up barriers and warning signs at both ends, appoint persons to stand guard, direct traffic and carry out traffic divergence remotely or in areas to ensure traffic safety and make an announcement on the mass media, or build a local detour so that the road is temporarily opened to traffic or take other temporary measures in service of the rescue work. Within the scope of management, the Directorate for Roads of Vietnam (for national highways) and provincial People's Committees (for local roads) shall decide on recovery and fortification measures to ensure continuous traffic flow. 

Article 14. Documentation on completion of emergency infrastructure serving first step traffic safety assurance and natural disaster recovery[16]

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a) Departments of Road Management and Departments of Transport, regarding national highways;

b) Provincial People’s Committees, regarding local roads;

c) Enterprises assigned by the State to build, manage and operate road works, regarding road works which they are assigned to manage;

d) Within 30 working days from the date of completing the construction on site, the authorities specified in Points a, b and c of this Clause shall submit documents to the competent authorities specified in Clause 2 of this Article for appraisal and approval.

2. [18] The power to appraise and approve documentation on completion of emergency infrastructure serving 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) The head of the central government authority representing state ownership, regarding road works under management of enterprises assigned by the State to build, manage and operate road works;

d) Documentation shall be appraised and the appraisal result shall be notified within 30 days from the receipt of the sufficient valid documentation.

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a) A statement given by the preparing authority;

b) A description of the natural disaster recovery and traffic safety assurance plan;

c) Decisions to declare disaster-related emergency, orders to build emergency infrastructure, telegrams (if any), orders and instructional documents issued by competent authorities about natural disaster recovery for the damage mentioned in the documentation;

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

dd) An as-built drawing; a record on certification of completed volume between the investor and the contractor and relevant regulatory bodies, enclosed with a detailed list;

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

g) A damage verification record made on the scene with the participation by the Steering Committee for Natural Disaster Management and Search and Rescue of the district or People’s Committee of the district where the damage is inflicted;

h) Construction drawings showing the volume and structure of makeshift works (applicable to cases specified in Clauses 2, 3 and 4 Article 13 of this Circular);

i) Construction logbook and pictures recording the construction process, timesheets recording the amount of person’s time spent on standing watch to regulate and divert traffic.

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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;

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3. The power to mobilize standby vehicles and supplies

a) Head of the Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport and head of the Steering Committee for Natural Disaster Management and Search and Rescue affiliated to 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 Central Steering Committee for Natural Disaster Prevention and Control;

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 which they are assigned to manage;

c)[20] Directors of Departments of Transport and Chairmen/Chairwomen of district-level People’s Committees 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)[21] For national highways

On an annual basis, Departments of Road Management shall manage and maintain standby equipment and supplies; make a cost estimate and submit it to the Directorate for Roads of Vietnam. The Directorate for Roads of Vietnam shall carry out review and make demands 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 them to the Ministry of Transport for approval before June 30;

b)[22] For local roads

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

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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 the Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport and the Steering Committee for Natural Disaster Management and Search and Rescue affiliated to 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 as prescribed by law.

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-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.

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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 Steering Committees for Natural Disaster Management and Search and Rescue 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 Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport;

b) Leaders and officials assisting the Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Directorate for Roads of Vietnam;

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a) Assist Steering Committees for Natural Disaster Management and Search and Rescue 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 Search and Rescue, Central Steering Committee for Natural Disaster Prevention and Control and superior Steering Committees for Natural Disaster Management and Search and Rescue to promptly send them to affiliates;

c) Advise the National Committee for Search and Rescue, Central Steering Committee for Natural Disaster Prevention and Control and superior Steering Committees for Natural Disaster Management and Search and Rescue 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 Steering Committees for Natural Disaster Management and Search and Rescue;

d) Collect information and submit a consolidated report on natural disaster management and recovery within its jurisdiction to superior Steering Committees for Natural Disaster Management and Search and Rescue on a periodic basis and after each natural disaster or at the request of the Government and Central Steering Committee for Natural Disaster Prevention and Control.

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:

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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 Steering Committee for Natural Disaster Management and Search and Rescue 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[23]. Reporting regulations:

a) Title of the report: Báo cáo công tác phòng, chống thiên tai (“Natural disaster management report”)

b) Contents to be reported: Annual report on natural disaster management enclosed with a natural disaster management plan for the next year and recommendations and proposals (if any).

c) Authority preparing the report: The Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Directorate for Roads of Vietnam.

d) Receiving authority: Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport.

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e) Reporting frequency: On an annual basis.

g) Submission deadline: before January 15 of the next year of the reporting period.

h) Data collection period: From December 15 before the reporting period to December 14 of the reporting period.

i) Form of the report: according to the form specified in the Appendix to this Circular.

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 Steering Committee for Natural Disaster Management and Search and Rescue affiliated to the Ministry of Transport and Steering Committee for Natural Disaster Management and Search and Rescue affiliated to 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.

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IMPLEMENTATION CLAUSE[24]

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, Director General of the Directorate for Roads of Vietnam, Directors of Departments of Transport of provinces and central-affiliated cities, heads of relevant authorities, organizations and individuals are responsible for the implementation of this Circular./.

CERTIFIED BY

PP. THE MINISTER
THE DEPUTY MINISTER




Le Dinh Tho

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Appendix[25]

 (Enclosed with the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport)

Natural disaster management report

AUTHORITY/UNIT:.....
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. .../....

.............., [date]...

REPORT ON COST OF FIRST STEP TRAFFIC SAFETY ASSURANCE AND NATURAL DISASTER RECOVERY - ... (specify the year)

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In furtherance of the reporting regulations specified in the Circular .............., .............. (name of the authority/unit)........... hereby reports natural disaster management as follows: 

No.

National Highway

Province

Recovery cost

Note

1

National Highway 1

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2

National Highway 2

3

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PREPARED BY
(Signature)

HEAD OF AUTHORITY/UNIT
(Signature and seal)

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[1] The Circular No. 36/2020/TT-BGTVT on amendments to some Articles of Circulars on regulations on periodic road traffic reporting is promulgated 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;

The Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting by state administrative agencies;

At the request of the Chief of the Ministry Office and Director General of the Directorate for Roads of Vietnam;

The Minister of Transport hereby promulgates a Circular on amendments to some Articles of Circulars on regulations on periodic road traffic reporting.”

The Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery is promulgated pursuant to:

 “The Law on Road Traffic dated November 13, 2008;

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

The Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 on elaboration of some Articles of the Law on Natural Disaster Management and Law on Amendments to some Articles of the Law on Natural Disaster Management and Law on Dikes;

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 promulgates a Circular on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery.”

[2] This Clause is amended by Clause 1 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[3] This Clause is amended by Clause 2 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[4] Title of this Article is amended by Point a Clause 3 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[5] This Clause is amended by Point b Clause 3 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

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[7] This Clause is amended by Clause 4 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[8] This Clause is amended by Clause 5 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[9] This Article is amended by Clause 6 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[10] This Article is amended by Clause 7 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[11] This Clause is amended by Clause 8 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[12] This Clause is amended by Clause 8 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[13] This Clause is amended by Clause 8 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[14] This Clause is amended by Clause 8 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[15] This Article is amended by Clause 9 Article 1 of the Circular No. 43/2021/TT-BGTVT dated January 11, 2019 of the Minister of Transport on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

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[17] This Clause is amended by Point b Clause 10 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[18] This Clause is amended by Point b Clause 10 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[19] This Clause is amended by Point b Clause 10 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[20] This Point is amended by Point a Clause 11 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[21] This Point is amended by Point b Clause 11 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[22] This Point is amended by Point b Clause 11 Article 1 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022.

[23] This Clause is amended by Article 6 of the Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport on amendments to the Circular on regulations on periodic road reporting, which has been effective since February 15, 2021.

[24] Article 10 of the Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport on amendments to some Articles of Circulars on regulations on periodic road traffic reporting stipulates that:

 “Article 10. Effect

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2. 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 Transport of provinces and central-affiliated cities, heads of relevant authorities, organizations and individuals are responsible for the implementation of this Circular./.”

Articles 4 and 5 of the Circular No. 43/2021/TT-BGTVT on amendments to some Articles of the Circular No. 03/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on road-related natural disaster management and recovery, which has been effective since March 01, 2022, stipulate that:

 “Article 4. Effect

This Circular comes into force from March 01, 2022.

Article 5. Implementation

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 Transport of provinces and central-affiliated cities, Director of Department of Transport and Construction of Lao Cai province and heads of relevant authorities, organizations and individuals are responsible for the implementation of this Circular./.“

[25] This Appendix is amended by clause 4 Article 9 of the Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport on amendments to some Articles of Circulars on regulations on periodic road traffic reporting, which has been effective since February 15, 2021.