Thông tư liên tịch 07/2000/TTLT-GTVT-BD

JOINT CIRCULAR

GUIDING THE CONSTRUCTION OF POSTAL COMMUNICATION WORKS WITHIN THE LAND ROAD TRAFFIC WORK PROTECTION AREAS

Pursuant to the Ordinance on Protection of Traffic Works of December 2, 1994;
Pursuant to the Government’s Decree No.22/CP of March 22, 1994 on the tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport;
Pursuant to the Government’s Decree No.12/CP of March 11, 1996 on the functions, tasks, powers and organizational structure of the General Department of Post and Telecommunications;
Pursuant to the Government’s Decree No.172/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on Protection of Traffic Works with regard to land road traffic works;
Pursuant to the Government’s Decree No.167/1999/ND-CP of November 26, 1999 on organization of land road management,
The Ministry of Communications and Transport and the General Department of Post and Telecommunications hereby jointly guide a number of provisions on the construction of postal communications works within the land road traffic work protection areas, as follows:

I. GENERAL PROVISIONS

1.1. The general principle is that postal communication works shall not be constructed within the land road traffic work protection areas in order to avoid the relocation of postal communication works when such land road traffic works are renovated, upgraded and expanded.

1.2. Postal communication works shall be constructed within the land road traffic work protection areas only when it is so agreed upon in writing by the competent land road administration.

1.3. Enterprises that provide postal and telecommunications services shall be given priority to use the land road traffic work protection areas for the construction of postal communication works provided that their works shall not greatly affect the quality of such land road traffic works and transport activities thereon.

1.4. Organizations and individuals that are permitted by the competent land road administration to construct postal communication works within the land road traffic work protection area shall have to take measures to ensure traffic safety in the construction course, and restore as soon as their works are completed the initial state of such land road traffic works. The units managing land road traffic works shall have to inspect and supervise the restoration of initial state and quality of such land road traffic works.

1.5. The construction of postal communication works within the land road traffic work protection areas shall, besides complying with this Circular, be subject to Circular No. 13/2000/TT-BGTVT of May 31, 2000 of the Ministry of Communications and Transport.

II. SPECIFIC PROVISIONS ON THE CONSTRUCTION OF POSTAL COMMUNICATION WORKS WITHIN THE LAND ROAD TRAFFIC WORK PROTECTION AREAS

2.1. In case of difficult-to-access and complicated terrain, in order to facilitate the technical treatment in the construction course as well as the management, operation and maintenance of postal communication works, such works shall be permitted to be constructed within the land road traffic work protection areas when they run through the following places:

a/ Urban centers or populous areas: Postal communication works shall run on street pavements within the area from road edge to the land road work protection corridor (with specific positions inscribed in written reached agreement between the traffic work management body and the investor of the postal communication work).

b/ High mountain cliffs, abysses, river banks, ponds, lakes, swamps: Postal communication works may run in the land road traffic work protection corridor. For postal communication works being suspension cable lines, the positions for putting up posts must ensure that the distance therefrom to the road shoulder is equal to the posts’ length. Where terrains do not permit the above-said requirements, the specific positions for putting up posts shall be considered and decided by the units directly managing the traffic works, with a view to concurrently ensuring traffic safety and satisfying the requirements of the construction of postal communication works.

c/ Big rivers and streams:

- Where technical designs of bridges spanning rivers or streams cover a space large enough to accommodate postal communication works, such postal communication works shall be permitted to be incorporated in such bridges. In this case, there must be detailed technical designs approved by the project managing body or the competent land road administration.

- Where technical designs of bridges spanning rivers or streams cover a space not large enough to accommodate postal communication works, such postal communication works shall be permitted to be constructed within the bridges’ protection corridors (technical factors of postal communication works that are related to the safety of traffic works shall be examined and decided by the competent land road administration).

For the above-said cases, the construction shall be started only after the competent State management body in charge of traffic work protection considers and approves in writing right from the project formulating process.

d/ In cases where it is necessary to use a land road traffic work protection area for a postal communication work, the unit designing such postal communication work or its investor shall, before formulating the postal communication project, have to obtain consent of the competent land road traffic work administration. In special cases, the two sides shall make a site inspection and reach a written agreement on position and technical requirements of the postal communication work.

2.2. The competence to consider and permit the construction of postal communication works within the land road traffic work protection areas:

The competent land road administrations shall consider and give their written consents on the construction of postal communication works within the areas for protecting land road traffic works under their respective management.

More concretely as follows:

- The Ministry of Communications and Transport shall directly manage the system of national highways; the Vietnam Land Road Administration shall directly manage a number of national highways’ sections assigned by the Ministry of Communications and Transport; the provincial People’s Committees shall manage a number of national highways’ sections and routes assigned by the Ministry of Communications and Transport.

- The provincial-level People’s Committees shall directly manage the systems of provincial roads and urban roads. The provincial/municipal Services of Communications and Transport (or the provincial/municipal Services of Communications and Public Works) shall directly manage national highways’ sections already assigned by the Ministry of Communications and Transport to the provincial People’s Committees and important provincial routes (or sections of provincial roads).

- The district People’s Committees shall manage roads within their districts. Specialized bodies under the district People’s Committees shall be assigned tasks of directly managing provincial roads and urban roads assigned by the provincial People’s Committees and manage the system of district roads.

- The commune People’s Committees shall manage commune roads within their communes.

- Organizations and individuals that have special-use roads shall manage their own special-use roads under the guidance of specialized management body(ies) and shall have to apply for permits of the competent management body(ies) when the owners of postal communication works propose the construction thereof within the land road traffic work protection areas, and notify the provincial/municipal Services of Communications and Transport or Services of Communications and Public Works thereof in writing.

The construction of work items that affects the land road traffic safety must be permitted by the Vietnam Land Road Administration, if the affected works are national highways; or by the provincial/municipal Services of Communications and Transport, if the affected works are local roads.

2.3. Upon proposing the construction of a postal communication work within a land road traffic work protection area, the investor of or the body managing such postal communication work shall have to produce to the competent land road administration the following documents:

- Written request of the postal communication work’s investor.

- Technical design drawing of the postal communication work within the land road traffic work protection area (already approved by the competent authority).

- Design dossier for organizing the construction and measures to ensure the traffic safety and safety of the traffic work in the course of constructing the postal communication work within the land road traffic work protection area.

- Written commitment of the postal communication work’s investor to:

+ Promptly restore the initial state and quality of the land road traffic work upon the completion of the construction of the postal communication work.

+ Ensure that the operation, use and maintenance of the postal communication work do not affect the quality of the land road traffic work. If damage is caused, the repair must be made and the initial state thereof must be restored.

+ When the land road traffic work is repaired, expanded, renovated or upgraded, the postal communication work’s investor shall have to reinforce or relocate its/his/her postal communication work.

2.4. The time limit for study, consideration of and reply to the construction of postal communication works within the land road traffic work protection areas shall be 15 days after the receipt of complete and valid papers as specified above (except for case of site inspection).

2.5. Units that construct postal communication works shall have to follow the approved designs and contents inscribed in the written permits.

15 days before commencing the construction, the units that construct postal communication works shall have to notify in writing the investors or bodies managing land road traffic works thereof for their coordination, creation of favorable conditions and supervision.

2.6. Postal communication works lying within the land road traffic work protection areas must be subject to the supervision and inspection by the land road traffic work managing units through the construction process as well as the process of restoring the initial state of such land road traffic works.

2.7. Funds for evaluating then permitting the construction of postal communication works within the land road traffic work protection areas and funds for supervision by the land road traffic work investors or managing bodies shall be settled with the postal communication works’ investors according to the current regulations.

2.8. After completing the construction of postal communication works, the investors of or bodies managing such postal communication works shall have to return the land road traffic works to their initial state, while the units constructing the postal communication works and the units managing land road traffic works shall have to conduct the pre-acceptance inspection of works’ quality and hand over the works’ grounds with written minutes.

For effective coordination in the management of postal communication works as well as land road traffic works, the investors of postal communication works shall hand one set of work completion dossier containing site plan, position and dimensions of the postal communication work within the land road traffic work protection areas to the body managing land road traffic works.

2.9. When a land road traffic work or a postal communication work needs to be repaired, upgraded, renovated or expanded, the body managing such work shall have to notify the investor or the body managing the related work within 30 days.

In cases where it cannot remove a postal communication work from the required area, the investor of or the body managing such postal communication work shall coordinate with the body managing the related land road traffic work in devising handling measure(s).

In cases where a work is damaged due to force majeure events and needs to be immediately repaired, the unit managing such work shall promptly notify the unit managing the related work of the damage within 48 hours for concentrated measures for restoration thereof.

Expenses for the removal and restoration of postal communication works shall be borne by the investors of or the units managing such postal communication works.

If 30 days after being notified of the repair, upgrading or expansion of a land road traffic work and one day after being notified of the restoration of a land road traffic work damaged by natural calamities, the investor of or the unit managing the related postal communication work still fails to take measures to restore its postal communication work, the unit that carries out the construction of the land road traffic work shall not take responsibility for damage of the postal communication work.

2.10. When they have plans to build, renovate or upgrade land road traffic works, the investors shall notify the investors of or the units managing the related postal communication works of their plans for coordination in designing.

2.11. Organizations and individuals that fail to strictly comply with the provisions of this Circular, obstruct the execution of projects on postal communication works; cause troubles to the management of operation, repair, upgrading or expansion of land road traffic works; cause damage to land road traffic works and postal communication works shall be handled according to the provisions of law.

III. ORGANIZATION OF IMPLEMENTATION

3.1. This Circular takes effect 15 days after its signing.

3.2. The previous stipulations of the Ministry of Communications and Transport and the General Department of Post and Telecommunications, which are contrary to this Circular, are all annulled.

3.3. Organizations and individuals involved in the construction and management of postal communication works within the land road traffic work protection areas, the units managing land road traffic works and other concerned units shall have to implement this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Communications and Transport and the General Department of Post and Telecommunications for timely amendments and/or supplements.