Amending and supplementing regulations on management and maintenance of district and commune road systems

(Baonghean) - On March 23, 2015, the Provincial People's Committee issued Decision No. 21/2015/QD-UBND on amending and supplementing a number of articles of Decision No. 87/2010/QD-UBND dated November 16, 2010 of the Provincial People's Committee on Regulations on management and maintenance of district and commune road systems in Nghe An province.

Accordingly, the decision:

Article 1.Amending and supplementing a number of articles of Decision No. 87/2010/QD-UBND dated November 16, 2010 of the Provincial People's Committee on Regulations on management and maintenance of district and commune road systems in Nghe An province, as follows:

1. Add Clause 7, Article 2 as follows:

“7. Scope of protection of road traffic infrastructure: is the limit of land reserved for roads (including road land and road safety corridor land), prescribed in Chapter V, Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government.”

2. Amend and supplement Clause 5, Article 4 as follows:

“5. Granting construction permits for works within the protection range of road traffic infrastructure; granting special circulation permits for overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized and overweight goods operating on district and commune roads in accordance with current regulations”.

3. Amend Point 1.1, Clause 1, Article 5 as follows:

“1.1. Bridge works: Regular maintenance is regulated in Decree No. 114/2010/ND-CP dated December 6, 2010, Circular No. 52/2013/TT-BGTVT dated December 12, 2013 of the Ministry of Transport regulating the management, exploitation and maintenance of road works”.

4. Replace Article 6 as follows:

“Article 6. Establishing, approving, adjusting and implementing road maintenance plans.

6.1. The annual road maintenance plan includes: Regular maintenance plan, road repair plan for each route (section) and other works (if any). The road maintenance plan must fully state the following information: Name of the project, main project items; unit, volume, implementation cost; implementation time; implementation method and priority level.

6.2. Establish, approve, adjust and organize the implementation of maintenance plans.

a. For district roads:

Every year, the Department of Industry and Trade (Urban Management) coordinates with the District Finance and Planning Department to develop a Road Maintenance Plan (including volume and capital plan) to submit to the District People's Committee for consideration and decision; advises the District People's Committee to organize implementation according to regulations, ensuring compliance with the actual situation.

b. For commune roads:

Every year, the Commune Finance Committee prepares a Road Maintenance Plan (including volume and capital plan), submits it to the Commune People's Committee for consideration and decision; advises the Commune People's Committee on implementation and allocation for each commune road to ensure efficiency.

c. The adjustment of the road maintenance plan shall be approved by the People's Committee of the same level to carry out the adjustment.

5. Amend and supplement Point a, Clause 2, Article 7 as follows:

“a) Management work: The People's Committee at the commune level organizes the implementation of the management work contents in Clauses 1, 2, 3, 4 and 6, 7, 8, Article 4 of this regulation.”

6. Amend and supplement Clause 1, Clause 2, Article 8 as follows:

“6.1. District road system: Arranged from district budget, mobilized sources, other legal revenue sources; support sources from provincial budget and Road Maintenance Fund (if any);

6.2. Commune road system: Arranged from the commune budget, mobilized sources, other legal revenue sources; support sources from district and provincial budgets and Road Maintenance Fund (if any);”

7. Amend and supplement Point d, Clause 1, Article 9 as follows:

“d) Guide the District People's Committee to grant construction permits for works within the protection range of road traffic infrastructure; grant Special Circulation Permits for overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized and overweight goods on routes managed by districts and communes”.

8. Amend and supplement Clause 4, Article 10 as follows::

“4. Granting construction permits for works within the protection range of road traffic infrastructure; granting special circulation permits for overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized and overweight goods operating on district and commune roads according to the guidance of the Department of Transport and current regulations”.

9. Amend and supplement Clause 5, Article 11 as follows:

“5. Provide information and documents related to the granting of construction permits for works within the protection scope of road traffic infrastructure and Special Circulation Permits to the District People's Committees”.

Article 2.This decision takes effect 10 days after the date of signing.

People's Committee of Nghe An province