Decision No. 09/2014/QD-UBND dated February 20, 2014 promulgating regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh City

DECISION

PROMULGATING REGULATIONS ON CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES IN HO CHI MINH CITY

PEOPLE'S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on organization of People’s Council and People’s Committee dated November 26, 2003;

Pursuant to the Law on Road Transport dated November 28, 2008;

Pursuant to the Law on Construction dated November 26, 2003;

Pursuant to Decree No.12/2009/ND-CP dated February 10, 2009 of the Government on management of projects on work construction investment;

Pursuant to Decree No.15/2013/ND-CP dated February 06, 2013 of the Government on control of construction work quality;

Pursuant to Decree No.11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road infrastructure facilities; Decree No.100/2013/ND-CP dated September 03, 2013 of the Government on amendments to several articles of Decree No.11/2010/ND-CP;

Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

Pursuant to Resolution No.45/NQ-CP dated November 16, 2010 of the Government on simplification of administrative procedures under management of the Ministry of Transport;

Consider the request of Department of Transport in the report No.353/SGTVT-TTr dated January 23, 2014,

HEREBY DECIDES:

Article 1.Regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh City

Article 2.This Decision comes into force 10 days after the day on which it is signed and will replace Decision No.145/2002/QD-UB dated December 09, 2002, Decision No.47/2005/QD-UB dated March 24, 2005, Decision No.60/2004/QD-UB dated March 17, 2004 and Clause 4 Article 6 of Decision No.185/2006/QD-UBND dated December 29, 2006 of People's Committee of the city, and previous decisions against this decision shall be abolished.

Article 3.Chief Office of People's Committee of the city, Directors of city departments, Chairpersons of People's Committees of districts, Directors of relevant organizations and relevant individuals shall take responsibility to implement this Decision./.

REGULATIONS

ON CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES IN HO CHI MINH CITY
(Issued together with Decision No.09/2014/QD-UBND dated February 20, 2014 of the People’s Committee of Ho Chi Minh City)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

These regulations provides for construction, reform, repair and maintenance of essential works within the protected area of road infrastructure facilities in Ho Chi Minh City, including:

a) Essential works within the protected area of road infrastructure facilities specified in Article 12 of Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP dated February 24, 2010 of the Government on regulations on management and protection of road infrastructure facilities (including underground works, works temporarily related to geological exploration and investigation with the aim of preparation for essential work construction).

b) Works for response to emergencies relating to techniques of essential works within the protected area of road infrastructure facilities specified in Point a this clause.

c) Works for improvement, renovation and maintenance of road infrastructure and essential work system specified in Point a this clause

d) Temporary advertising banner construction works within the protected area of road infrastructure facilities in Ho Chi Minh City

2. Regulated entities:

Agencies, organizations and individuals involved in management, construction investment, utilization and maintenance of roads and construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh City.

Article 2. Definition

For the purpose of this regulation, the terms below shall be construed as follows:

1. "protected area of road infrastructure facilities” shall be determined as prescribed in Chapter II of Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP dated February 24, 2010 of the Government.

2.“road digging” refers to digging, drilling, cutting and perforating carried out within the protected area of road infrastructure facilities.

3.“restoration” refers to restoration of road structure in such a way that the post-restoration quality is better the original one.

4.“underground work” refers to electric cable, telecommunication cable, water supply pipeline, water drainage sewer, gas pipeline, technical trench or tunnel under the road.

5.“barrier” refers to the object used for fencing the construction site which is rigidly structured and safe to separate the construction site from other areas.

7. “traffic separation" refers to separating road lanes and routes, regulating transport direction and providing for transportation time for people and vehicles on roads.

8."road management authority” may be the Department of Transport, People’s Committees of districts and Management Board for Export Processing and Industrial Zone.

9.“service provider” refers to daily water supplier or provider of daily water drainage service, information-telecommunication service, electricity or gas supplier.

10. “essential work” refers to work specified in Clause 1 Article 12 of Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP dated February 24, 2010 of the Government.

Article 3. General principles

1. The land for road shall only be used for road work construction or for the purpose of road traffic safety, except for some essential works that must be located within the protected area of road infrastructure facilities.

2. Essential works must not be constructed on the pavement.If such works fail to be constructed outside the pavement, they could be constructed on the pavement upon consideration of the competent road management authority.

3. In case the work is constructed outside the protected area of road infrastructure facilities which pose a risk to the safety of traffic and road infrastructure facilities, construction of such work must be approved by the competent road management authority.

4. The organization or individual in charge of work construction within the protected area of road infrastructure facilities shall:

a) prepare and approve the plan and design for the work as per provisions of the law on work construction investment;

b) receive the approval for work construction within the protected area of road infrastructure facilities from the road management authority (from the stage of preparing the investment plan, basic design or preparing technical-economic report).

c) be issued with a construction license by the competent road management authority.

d) have a plan for traffic arrangement or method for construction arrangement approved by the road management authority.The traffic arrangement plan shall be published on mass media at least 5 days before the construction.

e) make a commitment to relocate or renovate the work on schedule if required by the road management authority and shall not ask for compensation and must take full responsibility and cover all relevant expenses.As for water drainage system serving the road works, the investor is not required to make the aforesaid commitment.

5. Construction of works within the protected area of road infrastructure facilities must ensure safety of people and vehicles on the road, stability of road utilization and environmental hygiene and urban aesthetics.

Chapter 2.

CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

Article 4. Construction of essential works within the protected area of road infrastructure facilities

Before sending the construction plan to competent authorities for approval purpose (including work renovation, work improvement and new construction), the investor shall send an application for approval for work construction to one of the following competent road management authorities for consideration as regulated:

1. The Department of Transport for works constructed on roads under management of Urban Transport Management Divisions and the Management Center of Saigon Tunnel River

2. People's Committees of districts for works constructed on roads under local management

3. Management Board of Export Processing and Industrial Zones for works constructed on dedicated roads in export processing zones and industrial zones

4. Management Board of Urban Area South City, Investment Management Board for New Northwest Urban Area, Investment Management Board for Thu Thiem Urban Area, Management Board of High-tech Zones and Management Board of High-tech and Agricultural Zones for works constructed on road routes under their managements

5. Construction of utility poles and construction of works related to information-telecommunication and advertisement within the protected area of road infrastructure facilities must be approved in writing by the Department of Transport.

6. As for other particular cases, works construction under the contract of building-operating-transfer (BOT) or building-transfer-operating, or building-transfer shall be considered by the Department of Transport based upon consideration of opinions from relevant entities.

Article 5. Procedures and applications for approval for construction of essential works within the protected area of road infrastructure facilities

The procedure and application for approval for construction of essential works within the protected area of road infrastructure facilities shall be specified as follows:

1. Application for construction approval:

a) Components:

- An application form (the original) made according to the specimen provided in Appendix 1 issued thereto

- A design dossier including the plan, profile drawing and cross-section of the road on which the work is constructed (the original)If the design dossier is a technical design or a construction drawing for works constructed across the bridges or tunnels or other complicated works, a report on design inspection results is required (true certified copy provided by the investor).The drawing must indicate all locations of existing underground works within the construction area and areas affected by such construction.

- The commitment to relocate or renovate the work on schedule must be made as required by the competent road management authority; the investor must not ask for compensation and shall take responsibility to cover all relevant expenses.

b) Number of application: 1

2. The application shall be processed within 10 working days from the day on which the satisfactory application is received.

3. The work shall be constructed within 18 months for national highways and 12 months for other roads from the day on which the written approval for construction is issued; if such construction fails to be completed within the aforesaid time limit, the extension is required.Extension procedure:

a) An application form for extension (the original) made according to the specimen provided in Appendix 2 issued thereto

b) Processing time: within 10 working days from the day the satisfactory application is received

4. Carrying out the extension procedure:

a) Adoption model: The applicant shall send an application and receive the result directly from the office of the authority competent to process administrative procedures or by post.

b) Adoption process:

- The applicant shall send an application to competent authorities prescribed in Article 4 herein;

- The competent authority shall receive the application.If the application is sent directly to the competent authority, such authority shall check the components thereof and instruct the applicant to complete the application if it is unsatisfactory or give the applicant an appointment for the result if such application is found satisfactory.

- The competent authority shall appraise the application and give a written instruction for completion of such application to the applicant (in case the application is sent by post) if the application is found unsatisfactory or issue the applicant with a written approval if such application is eligible. In case the application is rejected, a written response with explanation must be given to the applicant.

Chapter 3.

LICENSES FOR CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

Article 6. Granting licenses for construction of essential works within the protected area of road infrastructure facilities

Before commencing construction of the work within the protected area of road infrastructure facilities, the investor shall send an application for license for construction of such work to one of the following competent road management authorities for consideration as regulated:

1. The Department of Transport for works constructed within the protected area of road infrastructure facilities under management of Urban Transport Management Divisions as authorized

2. People’s Committees of districts for works constructed within the protected area of road infrastructure facilities under their management

3. Management Committee of Export Processing and Industrial Zones for works constructed on dedicated roads in export processing zones and industrial zones

4. Management Board of Urban Area South City, Investment Management Board for New Northwest Urban Area, Investment Management Board for Thu Thiem Urban Area, Management Board of High-tech Zones and Management Board of High-tech and Agricultural Zones for works constructed on roads under their management

5. As for other particular cases, works construction under the contract of building-operating-transfer (BOT) or building-transfer-operating, or building-transfer shall be considered by the Department of Transport base upon consideration of opinions from relevant entities.

Article 7. Procedures and applications for license for construction of essential works within the protected area of road infrastructure facilities

1. The organization or individual demanding construction of works within the protected area of road infrastructure facilities must apply for a construction license.As for construction of works for response to technical incidents of professional works within the protected area of road infrastructure facilities, the application for construction license shall be made in accordance with regulations in Article 16 herein.

2. After receiving a written approval for work construction from the competent road management authority, the investor shall:

a) complete the design dossier following instructions provided in the written approval of competent road management authority

b) appraise and approve the plan and design for the work as per provisions of the law on management of work investment and construction.

c) send the application prescribed in Article 3 herein to the competent road management authority to ask for a construction license.

3. Application for a license for construction of works within the protected area of road infrastructure facilities:

a) Components:

- An application form for construction license (the original) made according to the specimen provided in Appendix 3 issued thereto;

- The written approval for work construction from the competent road management authority (a true certified copy provided by the investor);

- A dossier of construction drawing design which includes construction methods to ensure traffic safety approved by the competent authority (the original)

b) Number of application: 1

4. The application shall be processed within 10 working days from the day on which the satisfactory application is received.

5. The license shall be valid for a period of time as prescribed in Clause 3 Article 11 herein.

6. In case the license expires but the work construction is not completed, the investor shall apply for license extension.Extension procedure:

a) An application form for extension of the license (the original) shall be made according to the specimen provided in Appendix 4 issued thereto;

b) Such application shall be processed within 10 working days from the day on which the satisfactory application is received

c) The license shall be extended once and the extended time shall not exceed one third of the time specified in that license.

7. Adoption of the extension procedure:

a) The applicant shall send an application and receive the result directly from the office of the authority competent to process administrative procedures or by post.

b) Adoption process:

- The applicant shall send an application to competent authorities prescribed in Article 6 herein;

- The competent authority shall receive the application.If the application is sent directly to the competent authority, such authority shall check the components thereof and instruct the applicant to complete such application if it is found unsatisfactory or give the applicant an appointment for the result if the application is found satisfactory.

- The competent authority shall appraise the application and give a written instruction for completion of such application to the applicant (in case the application is sent by post) if the application is found unsatisfactory or issue a construction license if such application is eligible. In case the application is rejected, a written response with explanation must be given to the applicant.

Article 8. Regulations on construction license issuance

1. When applying for a construction license, the investor must make a deposit into the account of the agency issuing the construction license (hereinafter referred to as "the issuance agency”).

The Department of Transport shall formulate regulations on deposit to ensure construction of works within the protected area of road infrastructure facilities for instructions on uniform implementation throughout the city given to relevant entities.

The issuance agency shall refund the deposit to the investor when receiving the complete site previously transferred to such investor.

With regard to construction of bridges, roads or works funded by ODA loans, the deposit shall be made in compliance with regulations herein.

2. With regard to work construction projects related to road digging, the investor and consultancy shall conduct a survey on locations of existing underground works within the construction area and determine the elastic modulus of thepavement when preparing the investment plan (or technical-economic report), creating technical design or designing the construction drawing.The survey must accurately identify all locations of underground works and such locations must be presented in the survey dossier, work design and must be certified by the supervisory authority as well as included in the work survey dossier.

Where necessary, determination of underground works’ locations must be checked by high-precision detectors.

Chapter 4.

CONSTRUCTION ON ROADS UNDER UTILIZATION

Article 9. Prohibited and limited acts in case of construction on roads under utilization

1. Except for road digging to handle technical incidents specified in Point b Clause 1 Article 1 herein, digging roads for construction investment, development of electricity network or information-telecommunication network or water supply and drainage on roads with complete infrastructure facilities is prohibited until large or medium-scale repair of roads (3 years for asphalt surfaces; 4 years for asphalt concrete surfaces and 8 years for cement concrete surfaces).

Departments of Transport and People's Committees of districts shall notify the list of roads prohibited from being dug to relevant agencies in January every year according to the list of roads under their management.If it is essential to dig the road included in the aforesaid list, Departments of Transport and People's Committees of districts shall consider whether to allow such digging as authorized.

2. Digging roads for construction of works within the protectedarea of road infrastructure facilities during Lunar New Year from December 23rdto January 8thof the following year (according to the lunar calendar) is prohibited.The investor shall prepare a plan to clean or restore the site as regulated before December 18th.

Where necessary, road digging during the aforesaid time for organization of political, cultural and sport events must be approved by the Department of Transport (including roads under management of People's Committees of districts).

3. Work construction shall be prohibited from 5:00 to 22:00 every day on main streets of the city.The Department of Transport shall publish the list of such main streets in January every year.

If construction on main streets of the city during the aforesaid period of time is inevitable, the investor must send a written proposal with clear explanation to the issuance agency for considering whether to approve such construction on a case-by-case basis.

4. The contractor in charge of construction of underground works across national highways or main streets in Ho Chi Minh City is required to use a robot for such construction.

The Department of Transport shall publish the list of streets requiring the use of robot to construct works in quarter I every year.

5. Digging under the road for the purpose of dismantlement, restoration and relocation of water meters is prohibited.Restoration of water supply is only permitted in case of landclearance.If the aforesaid act is inevitable, such act must be approved by the road management authority.

6. The investor shall take responsibility to supervise and remind the construction organization to strictly comply with regulations on construction on roads under utilization.If any violation is found and penalty for such violation has been imposed more than three times (for one construction work) without any handling method or the investor and construction service providerfail to abide by the sanction decision, the issuance agency shall not continue to grant the construction license to such investor (or construction service provider) in the areas under its management.

People’s Committees of districts and Inspectors of Transport Department shall send the consolidated report on the list of investor and service provider committing violations and sanctioning results to the Department of Transport on the 25th of each month, and work out handling measures or request People's Committee of the city to handle if such violation is beyond their power.

Article 10. Technical requirements for digging and restoring pavement

1. Requirements for pavement and sidewalk restoration structure:

- For thetrench 70 cm or less in width, the pavement restoration structure shall conform to the typical design provided in Appendix 9 issued thereto.

- For the trench 70 cm or more in width, the investor shall prepare a design dossier for the restoration area which is approved by the road management authority in the investment plan or technical-economic report according to survey data on elastic modulus and the original pavement structure.

- Sidewalk restoration structure shall conform to the typical design provided in Appendix 6 issued thereto.

2. Requirements for restoration width:

- With regard to the trench 70 cm or less in width, the restoration area shall cover 40 cm of each side of the road or sidewalk (counting from the trench edge);

- With regard to digging of 7 cm or more in width, the restoration width covering each side of the road or sidewalk shall be equal to the digging length and shall not exceed 2 m;

- Ifthe trench’s width is equal to at least one half of the surface width, the whole pavement shall be restored;

- If the distance between two trenches is smaller than 15m, the restoration area must cover the area between these two trenches.Restoration area shall cover the lane and shall be in excess of 1 m of each side of such lane.

- If the trenched crosses the road center or is perpendicular to the road center, the restoration area will form a rectangle covering the lane and minimum distance from the trench’s edge to each side of the road is 1 m.

- Extension of the restoration area shall be applied in any case (according to the digging length), which is equal to 1 m of each side.

- Details can be found in Appendix 7.

3. As for other particular cases, there must be approval from the state management authority of road given in the investment plan or technical-economic report for the project.

4. With regard to road digging for installation of the system for daily water supply and drainage, information-telecommunication cables and underground electrical cables, the service provider shall receive the application and apply for a construction license on the clients’ behalf, and may not request the clients to reach an agreement, ask for opinions or apply for the construction license on their own, and take responsibility for its technical drawing.

In addition to requirements for application for construction license, the construction drawing design shall present and update all water supply and drainage systems, information-telecommunication cables and underground electrical cables as well as underground works in adjacent areas with all sizes of pipe according to technical requirements of water supply and drainage, information-telecommunication and electricity (clearly specifies which system is under direct operation).

5. Pavement restoration

a) Temporary restoration: in special cases, if there is not enough time for complete restoration, temporary restoration of the pavement may be permitted after construction of underground works in order to ensure traffic safety and environmental hygiene (for urban streets that are prohibited from being dugduring the day and locations of risks of traffic accidents or traffic congestion)

Temporary restoration may only last for 48 hours and ensure absolute safety for people and vehicles on the road.The pavementto be restored must be laid with asphalt concrete of which minimum width is 3 cm or steel plates that are rough in texture to avoid slipperiness and noise from traffic moving and ensure smoothness.

In case the work on progress is hindered by existing underground works or is awaiting for relocation or design adjustment in cooperation with supervisory authority of such underground works, the investor shall restore the pavement to ensure smooth traffic flow and the post-restoration pavement structure must be the same as the original one.

b) Complete restoration means returning the pavement with better (or same) quality of the original, including road signs (if any).The complete restoration shall be carried out right after completion of underground work construction in conformity with the construction license within the time limit specified in Clause 3 Article 11 herein.

c) The investor shall proactively handle spots where the surface peels or subsides from the date of complete restoration until the end of work maintenance as regulated.Removal of old asphalt concrete is required to ensure the new one is at least 5 cm in width.

d) In case the road management authority or the professional inspection agency finds that the road restoration has low quality (subsidence, cracking or peeling) through inspection, the investor shall carried out repair within 48 hours from the date on which the notification is received (by fax or phone) from the road management authority or the professional inspection agency.

If such investor fails to repair the road within the time limit mentioned above, the road management authority shall hire other organizations to perform the task.The investor shall take responsibility to pay all repairing costs to the road management authority or such cost shall be deducted from the deposit specified in Clause 1 Article 8 herein.The road management authority shall not grant the license for construction on roads under its management to the investor failing to cover the repairing cost and shall handle the violation or ask for sanction from superior authorities as regulated.

6. In any case, dismantlement and removal of existing asphalt concrete surface are required before pavement restoration in order to ensure the new asphalt concrete surface is at least 5 cm in width and the width of resurfaced area must be equal to that of the existing surface.

7. The investor and construction organization shall check the road intensity after restoration in the presence of the road management authority before acceptance and transfer of such road to such management authority.If the restoration’s quality fails to meet the requirement, the investor (or the restoration service provider) shall restore the pavement one more time for quality assurance.

Article 11. Construction progress assurance

1. The organization or individual issued with a construction license shall complete the construction within the time limit specified in such license.Application for license adjustment (extension or amendment) is only accepted in case of natural disasters, floods, obstruction due to land undergoing clearance or other causes not anticipated in the construction dossier and schedule for work in progress shall be re-arranged for the purpose of applying for license adjustment.

When waiting for license adjustment, the construction organization shall temporarily restore the road to ensure traffic safety, environmental hygiene, urban aesthetics and safety of the work in progress and other adjacent works.Application for license adjustment shall be rejected if no reasonable explanation is provided in order not to affect the general plan of other organizations and the traffic safety and order.

With regard to application for license adjustment due to obstruction from underground works, the investor shall find causes and determine responsibilities of relevant organizations and individuals, and ask for handling or sanctioning methods from the competent authority before applying for license adjustment, extension or amendment.

2. The investor and construction organization shall conform to the size, structure and construction method approved by the road management authority during the construction.

3. With regard to construction or repair or maintenance of underground works, the organization in charge shall complete the aforesaid task and restore the pavement following the successive construction method.Length of each trench and time for restoring each trenchshall be specified as follows:

a) With regard to installation of electrical underground cables: The period from road digging to complete restoration shall not exceed 5 days. The trench’s length shall not exceed 250 m.

b) With regard to installation of information-telecommunication cables: The period from digging to complete restoration of road shall not exceed 5 days.The length of the trench is the distance between 2 adjacent cable tunnels but not exceeds 250m.

c) With regard to water drainage system installation.

The period from road digging to complete restoration (for each trench) shall not exceed 3 days. The length of the trench is the distance between 2 adjacent drainage system tunnels.

d) With regard to water supply system installation

The period from road digging to complete restoration shall not exceed 7 days (for main pipelines).The length of the trench shall be subjected to construction conditions and technical requirements of water supply but shall not exceed 300m.

e) With regard to construction of electric poles, light poles, telephone booths, advertising poles and technical infrastructure facilities on roads under utilization or within the road safety corridor: The period from road digging from completion of the aforesaid construction shall not exceed 24 hours (for each pole).When the new pole is completely constructed, the old one must be dismantled and withdrawn to ensure space and urban aesthetics.

g) Construction for repair or handling of technical incidents of underground works shall comply with regulations in Article 16 herein.The period from road digging for incident handling to complete restoration of road surface shall not exceed 24 hours.If the incident handling lasts more than 24 hours, the application for construction license must be completed as regulated.

h) With regard to works surrounded by barriers placed on the pavement: The license shall be granted within 60 days (including time for gathering supplies, devices and barrier building) and each fenced area shall not be in excess of 100m in length.The issuance agency shall check the compliance with the previous license (if any) when issuing the new one.The extended time for construction specified in the new license shall not exceed one third of the time specified in the previous license.

i) Repair, improvement and extension of bridges and roads shall be licensed according to the construction progress.

k) With regard to works surrounded by barriers placed on the pavement, 3 construction shifts may be permitted within the fenced area but during the construction, the construction organization shall arrange professional force for regulating traffic flow in order to prevent traffic congestion and loss of urban aesthetics at the construction site.

With regard to other particular cases, the issuance agency shall consider whether to reduce or extend the time limit mentioned above to meet real conditions at the construction site base upon the proposal from the investor.

Article 12. Cooperation in construction license issuance

1. Urban Transport Management Divisions are the contact points which receive plans and requests for construction from organizations (including construction on roads under management of district government authority) and send reports to the Department of Transport before December 12 every year.

2. Before October each year, organizations and individuals asking for construction of works within the protected area of road infrastructure facilities under utilization shall register a list of desiring projects (except for dedicated routes in export processing zones and industrial zones) with Urban Transport Management Divisions and People's Committees of districts (the list must specify the digging location, technical requirements for digging and construction plan).Upon consideration of such registration, Urban Transport Management Divisions shall cooperate with People's Committees of districts in consolidating and sending the consolidated plan to the Department of Transport for approval purpose, and notify the result to organizations and individuals.

3. In case of investment in development of new water supply network, the investor shall notify the time for receiving applications for water meter installation to the local government authority and people on mass media and arrange one-time installation for the whole area in order to prevent multi time installation which affects traffic safety, environmental hygiene and urban aesthetics.After installation of main water pipelines and pipes, the issuance agency shall not license the road digging for installing distribution pipelines within 3 years from the work acceptance date.

4. In case there is no distribution pipeline, level-3 pipes and drainage pipeline constructed on both sides of the road, road opening is required for installation of water supply and drainage system; as for road whose width is greater than 5 m, water pipes must have diameter of 50mm or above to supply water for other households.If the water pipelines across the road which could bear the water pressure are available, water pipes shall be shall be laid along the roadside for further supply instead of road opening for pipe installation.The minimum distance between 2 trenches across the road is 100 m.For special cases in which digging across the road is inevitable, the digging with trenches ‘distance mentioned above, including narrow trenches used for releasing waste water during construction of technical infrastructure facilities in the urban must be approved by the Department of Transport.For the case in which branch pipes are laid at more than 4 points under the road (for pipes not laid across the road), the construction organization shall dismantle the asphalt concrete and reasphalting the road on which the pipes are laid with the width of at least 3 cm from the outer edge of the trench to the curb's edge.

Saigon Water Corporation and clean water suppliers shall proactively review the demand for installation of new water meter of households and enterprises on the same road in order to grant the license for one-time installation in a year.

5. The investor shall work directly with relevant agencies which demand digging and restoration if the same road for the purpose of cooperation in one-time construction to prevent multi time road digging and restoration which affects people’s daily life and traffic in the area.

6. In case of new construction, large or medium-scale repair, road transport safety assurance or sidewalk renovation, the investor shall discuss with authorities of relevant fields in order to prepare plans for installing electric cables, information-telecommunication cables, water supply and drainage pipes or light system in conjunction with implementation of road plans.

Article 13. Requirements for construction

1. After gaining a construction license from the road management authority, the investor shall carry out the procedure for receiving the land transferred from such road management authority.The land transfer record shall be made according to the specimen issued by the Department of Transport.

2. The road management authority shall photograph or video the road status as the basis for the transfer and latter receipt before transferring the land to the investor.

3. The transferee shall manage and ensure smooth traffic flow and traffic safety as well as take full responsibility for traffic accidents if failing to adopt all traffic safety assurance methods required from the day on which the land is received.

4. The construction organization shall place a copy of construction license at the office of the Site Steering Committee (if any) and at the starting point and end point of the construction site on the project information announcement board.The construction organization shall arrange a standing force at the site for dealing with issues concerning the work in progress when the competent authority visits the site for construction inspection purpose.

With regard to repair, renovation, improvement and extension of works for transport according to investment projects approved by People's Committee of the city, Departments and People's Committees of districts, in addition to publishing the project information as regulated, the investor shall apply for a construction license following the procedure prescribed in Article 7 herein.

The Department of Transport shall issue the barrier model and project information announcement board used for construction of works within the protected area of road infrastructure facilities in Ho Chi Minh City.

5. Road opening devices must be used for cutting the trench’s edge or removing the existing surface (for road bottom, roadsides and sidewalks having asphalt surfaces, concrete asphalt surfaces or cement concrete surfaces) and methods for reinforcing the trench wall to prevent subsidence around the trench's wall shall be adopted.If any cracking on the trench’s wall is found during the construction, the investor or construction organization must temporarily suspend such construction and work out appropriate solutions to prevent subsidence.

6. Manual digging is required in case the trench to be dug is within the safety corridor of other underground works.

7. In case of digging by machines, the following requirements shall be satisfied:

a) Before using the backhoe, the construction organization must cut the edge of the trench by machine then remove rocks and soils by a steam-shovel or a pavement milling machine.

b) The trench’s width must be greater than 40% to 50% of the width of the digging bucket and such digging bucket must be placed at the center of the trench.

c) The backhoe must be moved following the digging direction not on both sides of the trench.

d) During the digging, if any underground work is found, the construction unit must stop using the backhoe and apply manual digging method instead in order not to cause damage to other underground works.

8. Regulations on constructions of tunnel for checking electric cables, information-telecommunication system, water supply and drainage system within the roadway or at road junction:

The tunnel structure must be a precast concrete product.Road digging, tunnel construction and temporary restoration for ensuring safety of vehicles on the road must be completed within 72 hours staring from the digging time.

With regard to technical tunnel constructed within the roadway, the cover thereof must be made from anti-slip cast iron and must bear a typical sign of the management authority.

9. If the construction causes damage, cracking or transformation of the pavement adjacent to the trench, the investor and construction organization shall repair all damaged or transformed road right after such damage is found to return the pre-digging pavement.

Article 14. Requirements for work acceptance and land return

1. When the construction is completed, the investor shall carry out the work acceptance following the current procedure under the State's regulation and invite the road management authority to participate in the acceptance and receive as well as manage the land for construction previously transferred.After 30 (thirty) days from the construction completion, the investor shall send an as-built document to the road management authority.

When receiving a written request from the road management authority, the investor shall return the whole land received and relevant documents to the road management authority within 10 days.In case the investor intentionally delays the land return or returns the low-quality land inconsistent with the regulations, the issuance agency shall not continue to grant such investor the license for construction on roads under its management and such investor must incur other penalties as per law soft.

2. The road management authority shall update information on works constructed under roads under management and send reports to the Department of Transport for quarter consolidation purpose, and suggest handling methods applied to investors who fail to return the land received and submit the as-built document to the road management agency.

Chapter 5.

REGULATIONS ON TRAFFIC SAFETY ASSURANCE FOR CONSTRUCTION ON ROADS UNDER UTILIZATION

Article 15. Methods for assurance of traffic safety and environmental hygiene

1. The investor and organization or individual constructing works within the protected area of road infrastructure facilities may only begin the construction after receiving the construction license from the state management authority as regulated.

2. Barriers shall be installed along the work in progress in order to separate the lane for vehicles and construction site.As for works in progress, obstacles on the road shall be fenced and surrounded by signs or signal lights (at night) or signal flags (during the day) and there must be a standing force at the site to regulate traffic flow and carry out the cleaning task.In any case, traffic accidents and traffic congestion in the area surrounding the construction site due to faults of the investor or construction organization are not acceptable.

As for special cases:

a) With regard to trenches on roads and at road junctions:

- Case No.1: At the location of cable tunnel (for electric and information-telecommunication works) or the point of connection or repair of pipelines (for water supply or drainage) at road junctions: Bearing steel plates (with rough texture for smoothness assurance and prevention of slipperiness and noise from vehicles moving) must be laid above the cable tunnel or trench during the stop of construction in order to ensure safety of vehicles on the road.

- Case No.2: On the road opened for construction of underground works without barriers:

+ There must be 2 construction signs; each shall be placed at the starting point and end point of the construction site.

+ Barriers along the trench must be made from iron and covered with red and white color; each is 1.2 m in height and 1m from 3m in length and tightly connected to one another.

+ Lights and signal lights must be arranged within the construction site for construction at night; if no power source is available or the light point is too far away from the grid or connection to a electric wire may cause traffic safety hazard, electric lights may be replaced by rechargeable lights or kerosene lamps (hurricane lanterns) and each shall be placed every 10m.

+ The construction license must be placed on the construction information announcement board which is located at the starting point and end point of the construction site.

Construction signs must be placed at the starting point and end point of the road being restored and a standing force shall be arranged at such site to repair and remove rocks and soils in order to ensure traffic safety until the completion of restoration.

- Case No.3: For the road on which the works is being constructed with barriers: Corrugated iron barriers according to the barrier model issued by the Department of Transport shall be used to separate the lane for vehicles from the construction site.

b) With regard to trenches on sidewalks and in alleys:

For the road on which the work is constructed:

- There must be 2 construction signs, each shall be placed at the starting point and end point of the construction site and barriers must be laid along the trench.

- Lights and signal lights must be arranged within the construction site for construction at night; if no power source is available or the light point is too far away from the grid or connection to a electric wire may cause traffic safety hazard, electric lights may be replaced by rechargeable lights or kerosene lamps (hurricane lanterns) and each shall be placed every 10m.

- The construction license must be placed on the construction information announcement board which is located at the starting point and end point of the site.

c) With regard to maintenance of roads, water supply and drainage systems, public light systems or information-telecommunication systems: Barriers, signs and persons in charge of regulating traffic flow must be sufficiently arranged as per regulations applied to construction on roads under utilization and such arrangement shall not be made in rush hours.

(Rush hours are two periods of time from 6:00 to 9:00 and 16:00 to 19:00.)

d) The Department of Transport shall conduct a study and issue the barrier model and instructions for uniform use in Ho Chi Minh City to ensure traffic safety and environmental protection and urban aesthetics.

3. With regard to roads with narrow surface or those with heavy traffic flow, the investor shall arrange a professional for regulating traffic flow to ensure smooth traffic flow and traffic safety.For the case in which it is impossible for construction and traffic safety assurance at the same time, it is required to prepare a plan for traffic separation to provide temporary routes instructions.The temporary traffic separation plan shall be approved by the Department of Transport and published through mass media.

4. The construction organization shall estimate sufficient volume of supplies used for the construction according to the construction progress; the unused supplies must be moved to another place at night and such supplies must not be dropped down on the road.Supplies, devices or construction machines shall not be gathered at the construction site during construction suspension to ensure road clearance and urban aesthetics.Gathering construction supplies, devices and materials at area not yet under construction is prohibited.5. Workers involved in the construction must put on personal protective equipment (clothes, shoes or hat) and their clothes must bear reflective material as regulated.

6. Digging across the road, digging narrow roads or digging at the road junction must be carried out at night.

7. All volume of rocks and soils collected from the digging but not used for the construction must be immediately loaded on the vehicle to move out the construction site; such rocks and soils shall not be placed along the trench and the roadway within the construction area must be washed to ensure traffic safety and environmental hygiene.Means of transport used for gathering construction materials and supplies and moving soils out of the construction site must be washed and such vehicles and wheels thereof shall be cleaned before moving out the site.If the supplies obstruct the water drainage system due to faults of the construction organization, such organization shall dredge such drainage system to return its original status and notify such action to the agency in charge of such drainage system management as authorized for inspection and supervision purpose; in case the construction organization fails to carry out the dredging, it may hire the drainage system management authority to do it.

8. If it is required to pump water out of the trench during road digging for work construction, the water pumped out must run to the city drainage system through water pipelines, not gush out on the road.The construction organization must estimate the pavement cutting point to install temporary water pipes into the general drainage system during the construction and the pavement being cut must be completely restored after water is pumped out of the trench.

9. The construction organization is not permitted to mix sand with cement on the pavement but on the sidewalk or roadside with a pad or mixer; mixing directly on the sidewalk or roadside is strictly prohibited.Cleaning the pavement, sidewalk and roadside is required after construction completion.Liquid materials such as asphalt or molten concrete must not be dropped down on the road causing slipperiness, traffic unsafety and environmental pollution.Burning asphalt on the pavement, roadside and sidewalk within the city and suburban streets on which houses are located with trading activities carried out on both sides of the street is prohibited.

Chapter 6.

HANDLING OF INCIDENTS ON ROADS UNDER UTILIZATION

Article 16. Incident handling process

1. Supervisory authorities of technical infrastructure facilities, Inspectors of Transport Department and Construction Inspectors shall give their hotlines and the hotline of the governing authority to the Transport Department for them to notify relevant entities and cooperate with one another in handling incidents occurring on the road under utilization.

2. When the incident occurs, the construction organization must notify such incident through the hotline to the Department of Transport, Inspectors of Transport Department, Construction Inspections, road management authority, the investor and supervisory authority of relevant technical infrastructure facilities to take measures for incident handling for the purpose of protecting people's life and properties.

3. The Inspector of Transport Department and Construction Inspector shall find causes for the incident as well as determine responsibilities of relevant entities, handling time and funding for handling, and send the handling report to the Department of Transport for monitoring and consolidation purpose as regulated.

4. The Inspector of Transport Department and Construction Inspector and road management authority shall check, supervise and assist the construction organization in handling incidents occurring on the road under utilization.

5. In case the construction organization fail to restore the pavement to ensure traffic safety and prevent traffic congestion, the road management authority shall carry out the restoration after incident handling and the supervisory authority of technical infrastructure facilities which takes responsibility for such incident shall pay all the restoration cost to the road management authority.

6.Incident handling within 24 hours may not require a license but must comply with all relevant law provisions and other regulations herein.Incident handling carried out more than 24 hours may be permitted ifan incident handling record is prepared and must abide by the procedure for license asking as regulated.

Chapter 7.

IMPLEMENTATION PROVISIONS

Article 17. Responsibilities of relevant agencies

1. Investors and the Project Management Board shall take responsibility for technical infrastructure works that are in progress or completely constructed but not accepted and transferred within warranty period, carry out inspection and supervision of work quality and ensure construction of such technical infrastructure works strictly complies with construction and acceptance regulations.Particular regulations on duties and responsibilities of relevantentities (construction organization or monitoring consultancy) must be issued.If the incident leads to pavement subsidence which causes loss of life and properties due to faults of the investor and construction organization, they must take full legal responsibility for such loss.

2. Agencies in charge of existing technical infrastructure work such as water supply and drainage systems, information-telecommunication systems, power systems, trees and environment cleaning systems shall enhance inspection to timely detect and handle shortcomings of the systems under management.If any incident is found, tasks mentioned in Article 16 herein shall be performed.

3. As for dismantlement of underground works or relocation of professional technical works (water supply and drainage, information-telecommunication cables or electric cables), the agencies in charge of such professional technical works shall instantly cooperate with the investor in reaching an agreement on time for dismantlement or relocation and ensure such task will be carried out on schedule as agreed to prevent time extension which affects the traffic safety.If the agency in charge of professional technical works or properties to be relocated cannot be identified, the investor shall decide and notify the deadline of relocation on mass media. When such deadline passes and no agency takes responsibility for the relocation, such investor is entitled to dismantle those technical works or properties to construct the main work and ensure such construction is completed on schedule.

4. People’s Committees of districts shall instruct their affiliated agencies and People’s Committees of communes to enhance inspection carried out in the areas under their management in order to cooperate and timely identify damage or impairments of the technical infrastructure works and take responsibility to handle the incident occurring on the road or sidewalk under management of People’s Committees of districts as authorized or notify the Urban Transport Management Division of incidents occurring on roads under management of Department of Transport.

5. Ho Chi Minh City Steering Center for Urban Flood Control Program, People’s Committees of districts and management authority shall check the legal documents and work status to ensure such work satisfies the technical requirements when receiving the completed work (road, sidewalk, water drainage system, etc.) from the construction organization; if any impairment which affects the traffic safety is found or the drainage system fails to perform its function, the aforesaid agencies shall propose methods for dealing with these problems.

6. Director of the Transport Department shall take responsibility to provide guidelines for implementation of this Decision.Should any question arise or any amendment be made to meet the real conditions during the construction, the Department of Transport shall collect all opinions from relevant agencies and send a proposal of amendment to the People’s Committees of the city or issue a written instruction for such amendment as authorized under law provisions./.

APPENDIX 1

SPECIMEN OF APPLICATION FORM FOR CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

To: …………….. (4)

- Pursuant to Decree No.11/2010/ND-CP dated February 02, 2010 of the Government on management and protection of road infrastructure facilities;

- Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

- Pursuant to Regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh city issued together with Decision No…/QD-UBND dated ...., 2013 of the Ho Chi Minh City People's Committee;

- (….5……)

- (…..2…..) apply for permission for construction of (…6…) within the protected area of road infrastructure facilities on (…7…).

Enclosure:

- A design dossier of (…6…);

- A copy of (…8…)A report on the result of inspection of the design dossier for (...6...) issued by (...9...)

- (….10…)

- (…..2….) hereby commit to relocate or renovate the work and not ask for any compensation if required to relocate or renovate the work by the road management authority and carry out all procedures as per relevant law provisions to ensure the work is constructed within the effective period of the written approval.

Address: …………..

Tel: …………..

Instruction for filing in the application form

(1) Name of the superior authority of the applicant (if any)

(2) Name of the applicant

(3) Briefly specify name of the work, name of road; for example: “Approval for construction of daily water supply pipelines within the protected area of road infrastructure facilities on Dien Bien Phu Street in Binh Thanh district”

(4) Name of the authority granting the license for work construction (Department of Transport or People's Committee of the district)

(5) The permit for construction investment or written approval for work investment issued by the competent authority

(6) Specify full name of the project covering the work

(7) Specify name of the street or technical level of the existing street and according to the planning, chainage, the left side or right side of the street and points crossing the street (if any)

(8) A certified true copy provided by the investor (for works constructed over the bridge, tunnel or other complicated road works)

(9) Name of the consultancy (independent from the consultancy for design creating) licensed to give advice on road works

(10) Other documents where necessary /.

APPENDIX 2

SPECIMEN APPLICATION FORM FOR EXTENSION OF CONSTRUCTION OF ESSENTIAL WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

To: …………….. (4)

- Pursuant to Decree No.11/2010/ND-CP dated February 02, 2010 of the Government on management and protection of road infrastructure facilities;

- Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

- Pursuant to Regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh city issued together with Decision No…/QD-UBND dated ...., 2013 of the Ho Chi Minh City People's Committee;

- (….5……)

- (…..2…..) apply for extension of the written approval for work construction (with explanation)

Enclosure:

- A copy of the written approval for work construction;

- (….6….);

- (…..2….) hereby committo relocate or renovate the work and not ask for any compensation if required to relocate or renovate the work by the road management authority and carry out all procedures as per relevant law provisions to ensure the work is constructed within the effective period of the writtenapproval extended.

Address: …………..

Tel: …………..

Instruction for filing in the application form

(1) Name of the superior authority of the applicant (if any)

(2) Name of the applicant

(3) Briefly specify name of the work, name of the street; for example: “Approval for construction of daily water supply pipelines within the protected area of road infrastructure facilities on Dien Bien Phu Street in Binh Thanh district”

(4) Name of the authority granting approval for work construction (Department of Transport or People's Committee of the district)

(5) The permit for construction investment or permit for work investment issued by the competent authority

(6) Other documents where necessary /.

APPENDIX 3

SPECIMEN OF APPLICATION FORM FOR A LICENSE FOR CONSTRUCTION OF WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

APPLICATION FORM FOR A CONSTRUCTION LICENSE

License for construction of (…3…)

To: ……………..(…4…)

- Pursuant to Decree No.11/2010/ND-CP dated February 02, 2010 of the Government on management and protection of road infrastructure facilities;

- Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

- Pursuant to Regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh city issued together with Decision No…/QD-UBND dated ...., 2012 of the Ho Chi Minh City People's Committee;

- Pursuant to (...5...)

- (…..2…..) applies for a license for construction of (…6…)on (…7…). The construction will begin on …/…/… and end on …/…/…

Enclosure:

+ (…5…) (certified true copy provided by the investor)

+ (…8..) (the original)

+ (…9…)

(….2….) hereby committo relocate or renovate the work and not ask for any compensation if required to relocate or renovate the work by the road management authority and carry out all procedures as per relevant law provisions to ensure the work is constructed within the effective period of the written approval.Andto take all measures to ensure smooth traffic flow and traffic safety as regulated and minimize the traffic congestion as well as environmental pollution.

(..2…) hereby commits to carry out the construction according to the design dossier approved by (…10…) and comply with regulations provided in the construction license.If failing to take measures to ensure smooth traffic flow and traffic safety as regulated leading to traffic accidents, traffic congestion or serious environmental pollution, (...2...) will take full responsibility as per law provisions.

Address: …………..

Tel: …………..

Instruction for filing in the application form

(1) Name of the superior authority of the applicant (if any)

(2) Name of the applicant (for works or construction on roads under utilization)

(3) Briefly specify name of the work requiring a license, national highway and district; for example: “License for construction of daily water supply pipelines within the protected area of road infrastructure facilities on National Highway No.1 in district 12”

(4) Name of the issuance agency (Department of Transport or People's Committee of the district)

(5) The written approval for work construction or work design issued by the road management authority

(6) Specify full name of the work or work item requiring a construction license

(7) Specify the chainage, name of the street/national highway and the district where the work is constructed

(8) The dossier of construction drawing design which includes construction methods to ensure traffic safety approved by the competent authority

(9) Other documents where necessary

(10) Name of the agency approving the construction drawing design./.

APPENDIX 4

SPECIMEN OF APPLICATION FORM FOR EXTENSION OF THE LICENSE FOR CONSTRUCTION OF WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

APPLICATION FORM FOR EXTENSION OF CONSTRUCTION LICENSE

Work (…3…)

To: …………….. (…4…)

- Pursuant to Decree No.11/2010/ND-CP dated February 02, 2010 of the Government on management and protection of road infrastructure facilities;

- Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

- Pursuant to Regulations on construction of essential works within the protected area of road infrastructure facilities in Ho Chi Minh city issued together with Decision No…/QD-UBND dated ...., 2013 of the Ho Chi Minh City People's Committee;

- Pursuant to (...5...)

- (…..2…..) applies for extension of the license for construction of (…6…)on (…7…).The construction will begin on …/…/… and end on …/…/…

- Extension reason: ................ (11)

Enclosure:

+ (…8..) (the original)

+ (…8..) (the original)

+ (…9…)

(….2….) hereby committo relocate or renovate the work and not ask for any compensation if required to relocate or renovate the work by the road management authority and carry out all procedures as per relevant law provisions to ensure the work is constructed within the effective period of the written approval.Andto take all measures to ensure smooth traffic flow and traffic safety as regulated and minimize the traffic congestion as well as environmental pollution.

(…2…) hereby commits to carry out the construction according to the design dossier approved by (…10…) and comply with regulations provided in the construction license.If failing to take measures to ensure smooth traffic flow and traffic safety as regulated leading to traffic accidents, traffic congestion or serious environmental pollution, (...2...) will take full responsibility as per law provisions.

Address: …………..

Tel: …………..

Instruction for filing in the application form

(1) Name of the applicant or the superior authority of the applicant (if any)

(2) Name of the applicant (for works or construction on roads under utilization)

(3) Briefly specify name of the work requiring a license, national highway and district; for example: “Extension of the license for construction of daily water supply pipelines within the protected area of road infrastructure facilities on National Highway No.1 in district 12”

(4) Name of the issuance agency (Department of Transport or People's Committee of the district)

(5) The construction license issued by the competent road management authority

(6) Specify full name of the work or work item requiring a construction license

(7) Specify the chainage, name of the street/national highway and the district where the work is constructed

(8) The record of the meeting to reason out the extension between the investor and the consultancy with relevant entities

(9) Other documents where necessary

(10) Name of the agency approving the construction drawing design

(11) Specify all reasons for the extension./.

APPENDIX 5

SPECIMEN OF LICENSE FOR CONSTRUCTION OF WORKS WITHIN THE PROTECTED AREA OF ROAD INFRASTRUCTURE FACILITIES

CONSTRUCTION LICENSE

Work: ……….(1)...............

Chainage: ……………………….. Street/National Highway

- Pursuant to Circular No.39/2011/TT-BGTVT dated May 18, 2011 of the Ministry of Transport on guidelines for enforcement of several articles of Decree No.11/2010/ND-CP;

- Pursuant to document No…./… dated ……. of (2) on approval for the design of … (1)….;

- Pursuant to the application form for a construction license of ...(3)... together with the commitment to self-relocate and not ask for compensation from the investor (5) and the approved construction drawing design.

1. Grant to: ……. (3)…………

- Address: ……………………………………………………………………..;

- Tel: ………………………………………….;

- ………………………………………………………………………..

2. A license for construction of ...(1)... within the protected area of the road infrastructure facilities from the milestone no.....to milestone no..… street/national highway according to the design dossier and construction drawing approved in Decision No.../... dated ...... by ...(4)... with main contents below:

a) …………………………………………………………………………………..;

b) ……………………………………………………………………………………;

…)…………………………………………………………………………………….;

3. Requirements applied to the construction organization:

- Carry this license to the road management authority (Urban Transport Management Division or People's Committee of the district) to receive the land transferred; take measures to ensure traffic safety in conformity with the approved construction drawing and provisions of the law on traffic safety assurance in case of construction on land for roads;

- After receiving the site, the construction organization shall take responsibility for traffic safety and undergo inspection and supervision of the road management authority, road transport inspector and other competent authorities;

- The construction organization that fails to regulate traffic flow causing traffic unsafety will be suspended from construction, even on the day receiving the site transferred; the investor and such construction organization shall take responsibility for traffic accidents and other compensation for damage (if any), and incur penalties as per law provisions;

- Comply with all provisions of the law on compensation for road work damage due to faults of the construction organization when constructing works on the road under utilization;

- Immediately notify obstacles such as telephone cables, electric cables or water drainage prevention system found during the construction to relevant agencies for timely handling.

- Return the land to the road management authority when completing the construction;

- The investor shall take responsibility for relocation and pay all cost for improvement and widening of the road in the future under the guidance of competent authorities provided in Decree No.11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road infrastructure facilities.

- ………………….(Other contents where necessary)

4. Construction duration:

This construction license is valid from …/…/… to …/…/…

Extension is required if the license expires./.

5. Time for first extension:

- From …/.../… to .../.../...

6. Time for first extension:

- From …/.../… to .../.../...

Instruction for filing in the Construction license

(1) Specify name of the project or work licensed to be constructed

(2) Specify name of the competent authority granting approval for the work design (Department of Transport or People's Committee of the district)

(3) Specify name of the applicant for the construction license

(4) Specify name of the investor or the competent authority (in case the investor is incapable of approving the design)

(5) The commitment to relocate the advertising banner, intersection work and other works and not to ask for compensation for such relocation./.

APPENDIX 6

PAVEMENT AND SIDEWALK RESTORATION STRUCTURE MODEL

1. Minimum value of the required elastic modulus (MPa)

Numbers put in the bracket present the value of minimum elastic modulus required for revetment structure.

2. Restoration pavement structure for trenches less than 70cm in width:

a) With regard to existing asphalt surface with Eyc ≤ 120MPa:

The pavement structure is 50 cm in thickness, including:

- Asphalt concrete surface course, 9.5 mm 5cm in thickness;

- 0.5 kg of tack coat applied per square meter;

- Asphalt concrete intermediate course, 19 mm, 7cm in thickness;

- 1 kg of tack coat applied per square meter;

- Graded I aggregate 25 cm in thickness, K ≥ 0,98;

- Geotextile;

- Cemented-sand base (6% of cement)

b) With regard to existing asphalt surface with 120 < Eyc ≤ 155 MPa:

The pavement structure is 67 cm in thickness, including:

- Hot-mix asphalt concrete, superpave mix 9.5 mm, 5cm in thickness;

- 0.5 kg of tack coat applied per square meter;

- Hot-mix asphalt concrete, superpave mix 19 mm, 7cm in thickness;

- 1 kg of tack coat applied per square meter;

- Graded I aggregate 25 cm in thickness, K ≥ 0,98;

- Geotextile;

- Cemented-sand base (6% of cement)

c) With regard to existing asphalt surface with Eyc > 155 MPa:

The pavement structure is 102 cm in thickness, including:

- Hot-mix asphalt concrete, superpave mix 9.5 mm, 5cm in thickness;

- 0.5 kg of tack coat applied per square meter;

- Hot-mix asphalt concrete, superpave mix 19 mm, 7cm in thickness;

- 1 kg of tack coat applied per square meter;

- Graded I aggregate 25 cm in thickness, K ≥ 0,98;

- Graded II aggregate 30 cm in thickness, K ≥ 0,98;

- Geotextile;

- Cemented-sand base (6% of cement)

d) With regard to cement concrete alley’s surface

The pavement structure is 40 cm in thickness, including:

- Ready-mix concrete, stone1x2 M300, 10 cm in thickness;

- Graded I aggregate 20 cm in thickness, K ≥ 0,98;

- Geotextile;

- Cemented-sand base (6% of cement)

dd) Sidewalk structure:

Type 1:

- Striated tile or interblocking brick

- Rendering M100, 2cm in thickness;

- Blinding concrete, stone 4x6 M100, 10 cm in thickness;

- Cemented-sand base (6% of cement)

Type 2:

- Cement concrete, stone 1x2 M200, 5 cm in thickness;

- Blinding concrete, stone 4x6 M100, 10 cm in thickness;

- Cemented-sand base (6% of cement)

3. Pavement structure for trenches more than 70cm in width:

a. Flexible pavement structure: design the pavement structure in conformity with “22 TCN 211-06 Specifications and requirements for flexible pavement structure design” according to the result of measurement of elastic modulus of the pavement

b. Rigid pavement structure: design the pavement structure according to the “22 TCN 213-95- Specifications for rigid pavement structure design”

APPENDIX 7

SCOPE OF PAVEMENT RESTORATION

1. In length: The restoration area must cover both sides of the trench in excess of 1 m in length as shown in the picture below:

2. If there are 2 trenches and the distance between these two is smaller than 15m, restoration must cover the area between these two trenches.Restoration area shall cover both sides of the trenches in excess of 1 m as shown in the picture below:

3. If the trench crosses the road center, the restoration area will form a rectangle covering the lane and minimum distance from the trench’s edge to each side of the restoration area is 1 m.