Thông tư 48/2012/TT-BGTVT

CIRCULAR

PROMULGATION OF NATIONAL TECHNICAL REGULATION ON ROADSIDE STATION

Pursuant to the Law on Standards and Technical Regulation dated June 29, 2006;

Pursuant to Decree No. 127/2007/ND-CP of August 1, 2007 of the Government detailing the implementation of a number of articles of the Law on Standards and Technical Regulation;

Pursuant to Decree No. 51/2008/ND-CP of April 22, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of Department of Science and Technology and the General Director of the Directorate For Roads of Vietnam;

The Minister of Transport issues the Circular on "national technical regulation on roadside station",

Article 1. Issuing together with this Circular the national technical regulation on roadside station - Number: QCVN 43: 2012/BGTVT.

Article 2. This Circular takes effect from May 15, 2013; Annulling Chapter IV. Regulation on roadside station in Circular No.24/2010/TT-BGTVT of August 31, 2010 of the Minister of Transport regulating bus stations, car parks, roadside stations and road transport support services.

Article 3.  Chief of the Ministry Office, Ministry Chief Inspector, Directors of Departments, General Director of the Directorate For Roads of Vietnam, Heads of agencies, organizations and individuals concerned shall implement this Circular. /.

QCVN 43: 2012/BGTVT

NATIONAL TECHNICAL REGULATION ON ROADSIDE STATION

Introduction

QCVN 43: 2012/BGTVT is written by the Directorate For Roads of Vietnam, assessed by the Ministry of Science and Technology, issued by the Ministry of Transport under Circular No. 48/2012/TT-BGTVT of November 15, 2012.

ANNEX

I. GENERAL PROVISION

1.1. Scope of adjustment

1.2. Subject of application

1.3. Reference

1.4. Explanation of terms

II. TECHNICAL REGULATION

2.1. General Regulation

2.2. Regulation on basic works items

2.2.1. Public service works

2.2.2. Commercial service works

2.2.3. Auxiliary works

2.3. Regulation on minimum and works items

2.3.1. Classification and scope of application of each type of roadside station.

2.3.2. Regulation on parking lot and the way in and out of parking lot

2.3.3. Regulation on the rest place for driver and passenger.

2.3.4. Regulation on toilet area

2.3.5. Regulation on information supply area

2.3.6. Regulation on product introduction and sale area.

2.3.7. Regulation on food and beverage service area

2.3.8. Regulation on fuel stations, maintenance and repair workshop and car wash.

2.3.9. Regulation on water drainage and supply.

2.4. Regulation on fire prevention and environmental hygiene.

III. REGULATION ON MANAGEMENT

3.1. Content of management

3.1.1. Regulation on the type of unit management and operation of the roadside station.

3.1.2. Announcement authority to put the roadside station into operation.

3.1.3. Procedures for announcement of putting the roadside station into operation.

3.1.4. Regulation on inspection and monitoring activities of the roadside station.

3.2. Responsibilities of state management

3.2.1. Responsibility of the Ministry of Transport

3.2.2. Responsibilities of the Directorate For Roads of Vietnam

3.2.3. Responsibilities of People's Committees of centrally affiliated provinces and cities.

3.3.3. Responsibilities of Service of Transport of centrally affiliated provinces and cities.

3.3. Responsibilities of investors, operating units and users of roadside station.

3.3.1. Responsibilities of investors

3.3.2. Responsibilities of operating units of roadside station.

3.3.3. Responsibilities of users of roadside station.

IV. IMPLEMENTATION ORGANIZATION

ANNEX

NATIONAL TECHNICAL REGULATION

ON ROADSIDE STATION

I. GENERAL PROVISION

1.1. Scope of adjustment

This Regulation stipulates the conditions of facilities; requirements to be complied with in the investment, new construction, renovation or upgrading of roadside station.

1.2. Subject of application

This regulation applies to organizations and individuals who invest, newly build, improve, upgrade, manage and operate roadside station; the agencies, organizations and individuals related to the use of services, testing and inspect standards and announce the eligibility for operation of roadside station system within Vietnam.

1.3. References

1.4. Explanation of terms

a) Roadside station is the works of road transport infrastructure, which is built along the highway or provincial road to provide the services for people and vehicles involved in traffic.

b) Way in and out of roadside station is the road connected from the main road, turnout or road leading to the roadside station.

c) Parking lot: A place for road vehicles parking when the drivers of vehicles and passengers using the service at the roadside station.

d) Information supply area is the place where documents, books, newspapers, maps and other audio, visual equipment are placed.

e) Product introduction and sale area is the place of display, introduction and sale of souvenirs, local products where located the roadside station and other goods.

II. TECHNICAL REGULATION

2.1. General regulation

2.1.1. Roadside station must be built according to roadside station plan approved by the competent authority.

2.1.2. The connection points of the way in and out of the roadside station with the national highway must be carried out in accordance with the provisions of Circular No. 39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport. The connection points of the of the way in and out of the roadside station with other roads (except national highway) must comply with the provisions of the competent state management agencies.  Where the roadside stations are used for vehicles c in both directions of the highway, there must be overhead or underground road at the intersection with the highway to cross the road. (Under the provisions of Articles 11 and 13 of TCVN 4054: 2005).

2.1.3. Roadside stations have the following basic functions:

a) Supply of rest services;

b) Management of road transportation;

c) Supply of information;

d) Support of local social and economic development;

đ) Promotion of local cultural identity

2.1.4. The works and equipment of roadside station must be built and installed to ensure the quality and sustainability corresponding to the works level as prescribed at TCXDVN 276:2003 and other relevant Regulation.

2.1.5. System of electricity, water, lighting and communication of roadside station must ensure uniformity, completion and compliance with the Regulation to be able to provide safe, continuous and stable services for people and vehicles in traffic as prescribed in QCVN 07: 2010/BXD and TCXDVN 276:2003.

2.1.6. The roadside station must have fixed phone, mobile phone wave coverage and radio equipment system.

2.2. Regulation on basic works items

The basic works items of the roadside station are divided into three groups: Public service works; commercial service works and auxiliary works, including required works from a to e as specified at point 2.2.1 of this Regulation (refer to the ground layout in Annex 1).

2.2.1. Public service works (supply of free of charge services)

a) Parking lot;

b) Rest space;

c) Temporary rest room for driver;

d) Toilet area;

e) Information supply area;

f) Organization and propagation of traffic safety area;

g) Duty place of traffic accident rescue and first aid employee

2.2.2. Commercial service works

a) Food and beverage service area;

b) Product introduction and sale area;

c) Fuel supply station;

d) Vehicles maintenance and repair workshop;

e) Vehicle washing area;

f) Bedroom for drivers and passengers staying overnight.

2.2.3. Auxiliary works (incentive)

a) Logo of locality and roadside station.

b) Production and processing local speciality area;

c) Nơi sinh hoạt cộng đồng (tổ chức hội chợ, hoạt động văn hóa).

Community event area(fair organization and cultural activities).

2.3. Regulation on minimum area and works items

2.3.1. Classification and scope of application of each type of roadside station:

a) The roadside station is divided into 04 types based on the minimum area and required works items for each type as in the following table:

b) Scope of application for each type of roadside station:

Scale and service supply capacity of the station is calculated based on design of vehicle and passenger flow over the route and the specific conditions of the area where the roadside station is built, at the same time meets the following Regulation:

- On provincial roads or district roads with the construction of roadside station of type 4 or more.

- On national highways having 01-02 lanes in each way with the construction of roadside station of type 3 or more

- On national highways having 03 lane or more in each way with the construction of roadside station of type 2 or more.

2.3.2. Regulation on parking lot and way in and out of parking lot

a) Parking area: Appropriate design of parking direction to meet the parking need of each type of vehicle to ensure safety and convenience;

b) The minimum area for one parking of passenger cars, trucks is 40 m2 and 25m2 for cars. There are painted markings to clearly define each parking position. There is private parking place for the disabled with a minimum area of 25m2 (According to QCVN 07:2010 / BXD);

c) Traffic way in the roadside station must have warning signs, painted markings; appropriate vehicle turn radius (but the minimum radius is not less than 10 meters from the center of the road specified in QCVN 07:2010 / BXD to ensure the safety of vehicles circulating in the roadside station area;

d) Way in and out parking lots shall be designed in accordance with current Regulation and standards, ensure circulation and minimize conflicts between the incoming and outgoing vehicles and pedestrians.

2.3.3. Regulation on rest place of drivers and passengers

a) Temporary accommodation for the driver must be equipped with a reclining chair, electric fans or air conditioners.

b) Rest space is a roofed architectural structure area or tree planting and grass area with seats (not including the area of commercial services), the number of seats is calculated based on the flow of customers and roadside station, ensure resting place for passengers when not using commercial services of the roadside station.

2.3.4. Regulation on toilet area

a) Toilet area must be located in places easily observed, convenient for use, at the same time avoid affecting the dining and resting area of the passengers. Toilet area shall be arranged with men and women toilet separately and ensures that the disabled can have access to use; the toilet area for the disabled must have signs in accordance with international convention;

b) Toilet area must be waterproof, dampproof, free from foul smelling, ventilated. Walls, floors and equipment must be always clean.The quantity and quality of sanitary equipment must conform with the provisions of each kind of works in accordance with TCXDVN 276:2003;

c) The toilet area must be directly and naturally ventilated; if natural ventilation does not meet the requirements, the mechanical ventilation must be used in accordance with TCVN 5687:2010;

d) Floor and wall toilets must use the type of material which is watertight, dirt and erosion resistant and easy to be cleaned;

e) At locations with sink for hand washing, there should be table, mirror and hangers.

2.3.5. Regulation on information supply area

a) Information supply area: There must be area traffic map and book shelves to provide drivers, passengers and local people with information on the socio-economic situation, products and typical culture of localities, tourist sites, natural resources, traffic situation, roadside station system, the road network in the region and other information requested by the competent authorities.

b) The information supply area must be located at a convenient location for passengers to see and easily access;

c) Depending on the layout of the roadside station, the information supply room can be arranged separately or share space with other areas.

2.3.6. Regulation on product introduction and sale area

a) The layout of furniture, shelves and counters must ensure 2 factors of aesthetics and ventilation simultaneously. The layout of the interior space should be movable, flexible and easy to change when needed;

b) The purchasing space must ensure convenience for passengers to travel, stand, look, choose, try and purchase products.

2.3.7. Regulation on food and beverage service area

a) Food and beverage service area for passengers and drivers must be arranged in a separate area.

b) Food and beverage service area must be arranged dining table, chairs and litter bin to ensure environmental hygiene.

c) Food processing area and passenger service are separated by a dwarf wall or arranged in separate area

d) Floor of food service area must use the material easy for cleaning;

e) The food service area must be naturally ventilated and equipped with cooling fan, smell exhauster. Depending on the specific requirements of each case, it is likely ventilated by mechanical methods and air conditioning equipment as specified in TCVN 5687: 2010;

f) The food service area must be clean and fully meet the environmental Regulation on hygiene. The food products for customer service must satisfy Regulation on hygiene and food safety.

2.3.8. Regulation on fuel station, repair and maintenance workshop and car wash area.

a) The design, construction and operation of the fuel supply area must be done in accordance with the relevant current Regulation of the State; the distance from the pump column and cluster of fuel tank of fuel supply area to other works must comply with the provisions of TCVN 4530:2011;

b) The fuel supply, maintenance and repair and car wash area must be arranged separately with the way in and out conveniently and not affect the common traffic in the roadside station area.

2.3.9. Regulation on water supply and drainage system.

a) The water supply and drainage system must ensure stable operation and be able to supply sufficient water for the use of the roadside station.

b) In case the roadside station operates water resources to use by itself: the water quality for food service must meet the quality criteria specified in QCVN 01: 2009/BYT and water Quality for domestic service must meet the quality criteria specified in QCVN 02: 2009/BYT;

c) The water drainage system of the roadside station includes sewage drainage system and rain water drainage system and connects to the local water drainage system;

d) The water drainage system must ensure no stagnant water to interrupt the operation of the roadside station.

2.4. Regulation on fire prevention and environmental hygiene

a) The roadside station must have the concentrated system of wastewater collection and treatment as prescribed and rain water drainage system;

b) There are adequate equipment, facilities and labor force to collect waste materials and clean the environment under its scope of management;

c) There are enough litter bins at all areas to ensure environmental hygiene.

d) For the roadside station with maintenance and repair workshop, there must be system for collection, storage and treatment of hazardous waste (including: batteries, oil, tires, electronic components) specified in Circular No.12/2011/TT-BTNMT of April 14, 2011 regulating the hazardous waste management. Having measures to minimize dust emissions, noise, light, and heating restrictions affecting the surrounding environment as specified in QCXDVN 05: 2008/BXD;

e) The roadside station must be built and installed with fire fighting equipment in accordance with the provisions of QCVN 06:2010 / BXD and TCVN 2622:1995;

f) Posting Regulation on hygiene maintenance in the roadside station area.

III. REGULATION ON MANAGEMENT

3.1. Management content

3.1.1. Regulation on type of management and operating unit of roadside station

The unit directly managing and operating roadside station must be enterprise or cooperative.

3.1.2. Announcement competence to put roadside station into operation.

a) The Directorate for Roads of Vietnam shall announce to put roadside station into operation.

b) Service of Transport of the centrally affiliated provinces and cities shall announce to put roadside stations on all routes (excluding roadside stations on national highway) under local management into operation.

3.1.3. Procedure for announcement to roadside station into operation.

3.1.3.1. Procedure for 1st announcement

Including 02 steps:

a) Step 1: Before construction

- For the roadside stations on the national highways: To ensure compliance with the approved plan, the investment and construction unit of roadside station shall send a written request for approval of building location to the Directorate for Roads of Vietnam. Within 05 working days from the date of receipt of a written request for approval of building location, the Directorate for Roads of Vietnam shall have written approval. In case of refusal, there must be a reply in writing stating the reasons.

- For the roadside stations on local routes, the approval of building location is done by allowing the construction investment of the local competent authorities.

- As for roadside stations as works items in the highway construction project approved by the competent authorities, it is not required to carry out this step.

Note:

1) The written approval for the roadside station building location only determines the expected location for station construction is in accordance with the approved plan and does not replace the written approval for the connection of the way in and out of the roadside station with traffic roads.

2) For the roadside stations that are built before the time the competent authorities announce the roadside station system planning shall still be considered for announcement of conformity with the procedures specified in step 2, if approved in writing by the local Service of Transport where the roadside stations are located.

b) Step 2: After completion of construction.

The business and operating units of roadside station shall submit dossier to request the announcement to put the roadside station into operation to the competent authorities.

*) The dossier includes:

- Written announcement proposal to put the roadside station into operation (under the form prescribed in Annex 2)

- Written approval for connection of way in and out of roadside station with the traffic road of the competent authorities.

- General site plan and technical design of the roadside station.

- Decision on permission for construction investment of the competent authorities.

- Record of construction acceptance.

- A comparison of the technical provisions of this Regulation with the works of the roadside stations (under the form prescribed in Annex 3).

- Business registration certificate of the business and operating unit of the roadside station.

- Regulation on management and operation issued by the roadside station.

*) Handling process of announcement request dossier.

- Within 10 working days from the receipt of complete dossier as prescribed, the competent authorities shall inspect and record the inspection. In case after inspection, if the roadside station does not meet the technical Regulation for the roadside station, which the operating unit has proposed, the criteria which do not meet the requirements, must be specified in the inspection record and immediately notified to the operating unit of the roadside station.

- After inspection, if the roadside station complies with the technical provisions of the type of roadside station, which the operating unit has proposed, within 05 working days from the end day of the inspection, the competent authorities shall issue decision on announcement to put the roadside station into operation (under form prescribed in Annex 4). This decision shall be valid within 03 years from the signing date.

3.1.3.2. Procedure for re-announcement

Before the business and operation time limit expires 60 days (according to the terms stipulated in the decision on announcement to put the roadside station into operation), the business and operating units of roadside station shall submit dossier to propose further announcement to put the roadside station into operation to the competent authority.

a) Dossier requesting re-announcement includes:

- Written proposal for further announcement to put the roadside station into operation (under the form prescribed in Annex 5)

- General site plan and technical design of construction works, renovation of roadside station.

- Decision to allow the construction investment and renovation of the competent authority (if there is any change compared with previous announcement).

- Record of acceptance of construction works and renovation (if there is any change compared with previous announcement).

- A comparison of the technical provisions of this Regulation with the works of the roadside station (if there is any change compared with previous announcement).

- Report on operation result (under form prescribed in Annex 6).

b) The process to handle dossiers requesting re-announcement is implemented the same as the process to handle dossier to propose dossiers first announced.

3.1.4. Regulation on inspection, monitoring operation of roadside station

a) The Service of Transport and the centrally-affiliated provinces and cities shall guide and require the operating units of roadside station in the local area to make periodic report on operation result, situation of security and order, maintenance and investment, improvement of material facilities, the implementation of the provisions of regulation on roadside station and other necessary contents;

b) The Service of Transport and the centrally-affiliated provinces and cities shall set up hotlines and announce contact and e-mail address of staff or complaint and denunciation receiving division of the people on the operation of the roadside station.The roadside station must clearly list hotline phone number, contact and e-mail address provided by the Service of Transport at the information supply area of roadside station;

c) The competent State management agencies, the road inspection forces shall organize periodic and irregular inspection of the roadside station, detect and promptly handle violations to ensure the roadside stations always maintain and comply with provisions of Regulation on roadside station and other relevant laws

d) Depending on the seriousness of the violation of the provisions of Regulation on roadside station, the agency announcing to put the roadside station into operation has the right to remind  and require correction or revoke the decision on announcement to put the roadside station into operation for the violation of the operating unit of the roadside station;

e) The competent authorities announcing to put the roadside station into operation shall periodically inspect and assess the operation and compliance of Regulation of the operating unit of the roadside station for every 3 years. Based on the inspection results, the authorities shall revoke the decision on announcement to put the roadside station into operation or further announce to put the roadside station into operation.

3.2. Responsibilities of state management

3.2.1. Responsibilities of the Ministry of Transport

a) Approval of the roadside station system planning on national highways;

b) Inspection and examination the observance of the Regulation on management, operation and business of roadside station

3.2.2. Responsibilities of Directorate for Roads of Vietnam

a) Assuming the prime responsibility and coordinating with localities to develop the roadside station system planning on national highways for submission to the Ministry of Transport for approval;

b) Performing specialized state management functions for the operation of the roadside stations in the country;

c) The decision on announcement to put roadside stations into operation on the national highways. The written announcement shall be simultaneously sent to the local Service of Transport for management coordination;

d) Making statistics and synthesis of data, Regulation and guidance for the way of coding for the system of roadside station in the country;

e) Organizing periodic and irregular inspection and examination and handling violations of the operating units of roadside station in the country.

3.2.3. Responsibilities of People's Committees of centrally-affiliated provinces and cities

a) Approving roadside station planning system on road routes (excluding roadside stations on national highways) under local management.

b) Identifying and managing land reserve for the roadside station construction projects in accordance with the approved plans.

3.2.4. Responsibilities of Service of Transport of centrally-affiliated provinces and cities

a) Developing roadside station planning system on road routes (excluding roadside stations on national highways) under the local management;

b) Decision on announcement to put roadside stations into operation on the routes (excluding roadside stations on national highways) under local management. The written announcement shall be simultaneously sent to the Directorate for Roads of Vietnam for management coordination;

c) Performing specialized state management functions for the operation of the roadside stations in the local area;

d) Organizing periodic and irregular inspection and examination for operating units of roadside stations in the local area.

3.3. Responsibilities of investors, operating units and users of roadside station

3.3.1. Responsibilities of investors

a) Investing in construction of roadside stations in accordance with roadside station system planning approved and in conformity with the provisions of this Regulation.

b) Investing in construction of roadside stations must ensure the compliance with the management order of construction investment and other relevant Regulation of the law; ensure the progress, works quality and environmental protection.

3.3.2. Responsibilities of operating units of roadside stations

a) Ensuring security and order, social safety, preventing fire and explosion at roadside station.

b) Ensuring food safety and hygiene, environmental sanitation at the roadside station;

c) Providing free services at all times for people wishing to use as prescribed at point 2.2.1 of this Regulation;

d) Regularly maintaining, repairing and supplementing equipment, facilities; publicizing and propagating law and improve professional skills for employees to maintain and raise service quality of roadside stations; strictly implementing the State Regulation on roadside stations;

e) Listing price of products, business services at the roadside stations as prescribed, listing rules of roadside stations;

e) Being under management, inspection and examination of the competent State authorities;

g) Making monthly, quarterly and annual reports on the situation of activities to the local Service of Transport. Making report on situation of activities at the irregular request of the Directorate for Roads of Vietnam and local Service of Transport.

3.3.3. Responsibilities of the users of roadside stations

a) Maintaining security and order, environmental hygiene, preventing fighting and explosion in the roadside station area.

b) Complying with the rules, Regulation and guidelines of the employees at the roadside station.

IV. IMPLEMENTATION ORGANIZATION

4.1. The Directorate for Roads of Vietnam shall assume the prime responsibility and coordinate with Department of Science and Technology – Ministry of Transport and relevant agencies to make guidance for implementation of this Regulation.

4.2. During the process of application of this Regulation, if there is any problem arising, the Directorate for Roads of Vietnam shall summarize and make proposal to the Ministry of Transport for amendment and supplementation.

4.3. Where the standards, Regulation, legal documents cited in this Regulation have changed, supplemented or replaced, the new text shall apply.

4.4. The roadside stations which have been announced before the effective date of this Regulation must complete procedures to be re-announced before December 31, 2013.