Thông tư 48/2019/TT-BGTVT

CIRCULAR

ON CRITERIA FOR SUPERVISION AND COMMISSIONING OF QUALITY-BASED ROAD INFRASTRUCTURE ASSET MAINTENANCE AND APPLICATION OF METHODS FOR ROAD INFRASTRUCTURE ASSET MAINTENANCE

Pursuant to the Law on Road Traffic No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017;

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

Pursuant to Point a Clause 2 and Clause 3 Article 9 of the Government’s Decree No. 33/2019/ND-CP dated April 23, 2019 on management and use of road infrastructure assets;

Pursuant to the Government’s Decree No. 32/2014/ND-CP dated April 22, 2014 on management, use and maintenance of expressways;

Pursuant to the Government's Decree No. 46/2015/ND-CP dated May 12, 2015 on management, quality and maintenance of construction works;

At the request of Head of the Transport Infrastructure Department and General Director of the Directorate for Road of Vietnam;

The Minister of Transport hereby promulgates a Circular on criteria for supervision and commissioning of quality-based road infrastructure asset maintenance and application of methods for road infrastructure asset maintenance.

Article 1. Scope and regulated entities

1. This Circular provides for:

a) Criteria for supervision and commissioning of quality-based road infrastructure asset maintenance;

b) Application of methods for maintenance of road infrastructure assets under the management of the Ministry of Transport.

2. Regulated entities include regulatory bodies, organizations and individuals involved in supervision and commissioning of quality-based road infrastructure asset maintenance and application of methods for road infrastructure asset maintenance.

3. For road infrastructure assets under public-private partnerships, authorities with competence in signing project contracts may decide implementation of the regulations in this Circular in the investor selection documents or draft project contracts. For concluded project contracts, the parties may negotiate on adding the regulations in this Circular to these contracts or the investors may implement these regulations in management and maintenance of road infrastructure.

Article 2. Application of methods for road infrastructure asset maintenance

1. Workload-based maintenance refers to maintenance carried out based on the actual workload and is applicable to the following activities:

a) Periodical and ad hoc repairs;

b) Inspection, appraisal and monitoring of works and work items according to regulations of laws on construction work quality management and maintenance and regulations of the Minister of Transport on management, operation and maintenance of road traffic works.

2. Quality-based maintenance refers to maintenance based on quality criteria in a period of time and using a certain amount of money as prescribed in the economic contract. This method is applied to road infrastructure assets if the following conditions are satisfied:

a) Investment in construction of the road traffic work complies with technical regulations and standards from competent authorities, and the work’s quality is ensured according to regulations of laws on construction; and the road traffic work and work items and equipment thereof have not expired according to regulations of laws on construction work quality management and maintenance;

b) Cost of maintenance of the road traffic work according to technical regulations and standards and technical-economic norms is covered.

3. For contract packages and contracts containing road infrastructure assets that do not satisfy the conditions in Clause 2 of this Article, based on the state of each asset and allocated funding, the Directorate for Roads of Vietnam shall decide the maintenance method for each asset; prioritize quality-based maintenance for cases where it is possible to formulate quality criteria suitable to the allocated funding (management and maintenance without use of materials, maintenance of traffic safety systems or other types of maintenance); the remaining road infrastructure assets shall be maintained using the workload-based method.

4. Duration of a contract on quality-based road infrastructure asset maintenance shall not exceed 05 years.

The Directorate for Roads of Vietnam shall decide time of execution of road infrastructure asset maintenance contract packages when approving plans for selection of bidders or placement of orders for the cases qualified to place orders according to regulations of laws on assignment of tasks, placement of orders or bidding for provision of public services funded by the state budget for recurrent expenditures.

Article 3. Criteria for supervision of quality-based road infrastructure asset maintenance and commissioning of results thereof

Criteria for supervision of quality-based road infrastructure asset maintenance and commissioning of results thereof include:

1. Technical quality requirements for quality-based road infrastructure asset maintenance, which are provided for in Appendix I enclosed with this Circular.

2. Regulations on supervision and commissioning of quality-based road infrastructure asset maintenance, and methods for assessment and deduction of funding thereof, which are provided for in Appendix II enclosed with this Circular.

Article 4. Effect

1. This Circular takes effect from February 15, 2020.

2. During the implementation of this Circular, if the legislative documents and standards cited in this Circular are amended or superseded, the amended or superseding documents shall apply.

3. For road infrastructure asset maintenance whose contractor has been selected or whose contract has been concluded prior to the effective date of this Circular, the contracting parties may negotiate to amend the concluded contract as suitable to the regulations in this Circular.

Article 5. Implementation

Head of Office of the Ministry of Transport, Chief Inspector of the Ministry of Transport, heads of affiliates of the Ministry of Transport, General Director of the Directorate for Road of Vietnam, heads of Departments of Transport and Departments of Transport - Construction, heads of relevant regulatory bodies and organizations and relevant individuals shall implement this Circular./.