THE GOVERNMENT

Decree No. 10/2013/ND-CP dated January 11, 2013 of the Government promulgating the management and use of road transportation infrastructure assets
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Management and Use of State Assets dated June 03, 2008
Pursuant to the Law on Road Traffic dated November 13, 2008;
At the proposal of the Minister of Finance,
The Government issues the Decree promulgating the management and use of road transportation infrastructure assets,
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree specifies the management, use and operation of road transportation infrastructure assets aiming to strictly manage, effectively operate and generate capital sources for the maintenance and development of these assets.
2. For road transportation infrastructure assets of which the management and use must comply with treaties to which Vietnam is a signatory that contain regulations different from those of this Decree, such treaties apply.
Article 2. Scope of application
1. State management agencies in charge of road transportation infrastructure assets.
2. Managing authorities.
3. Organizations and individuals assigned to maintain, operate and use road transportation infrastructure assets.
4. Other subjects relating to the management and use of road transportation infrastructure assets.
Article 3. Term interpretations
In this Decree, the terms below are construed as follows:
1. Road transportation infrastructure assets include road works, bus stations, parking lots, road administration offices, rest stops and other works serving road transportation and safety corridors.
2. Road works include roads, car stops and parking lots, traffic lights, signs, road surface markings, markers, barriers, traffic islands, road separators, milestones, walls, embankments, water drainage systems, weigh stations, toll booths and other auxiliary works and equipment of road works.
3. Roads include roads, bridges, road tunnels and ferry terminals.
4. Road land covers the land area on which a road is constructed and the land strips along both sides of the road, which is used for the management, maintenance and protection of road works.
5. Road safety corridor is the land strips along both sides of a road, from the outer edges of the road outward, for assuring road traffic safety.
6. The management and use of road transportation infrastructure assets are activities serving the protection and maintenance of normal operation of road transportation infrastructure assets.
7. State management agencies in charge of road transportation infrastructure assets are ministries, ministerial agencies, governmental agencies (hereinafter referred to as ministries and central agencies) and People’s Committees of provinces and centrally run cities (hereinafter referred to as provincial People’s Committees).
8. Agencies and units directly managing road transportation infrastructure assets (hereinafter referred to as managing authorities) are those assigned by the State to directly manage road transportation infrastructure assets, including road administration offices, provincial Transportation Departments; People’s Committees of districts, towns and provincial cities (hereinafter referred to as People’s Committees of districts); People’s Committees of communes, wards and small towns (hereinafter referred to as People’s Committees of communes); agencies and units assigned by ministries, central agencies or provincial People’s Committees to directly manage road transportation infrastructure assets.
9. Organizations and individuals assigned to maintain, operate and use road transportation infrastructure assets are in charge of the maintenance, operation and use under contracts signed with managing authorities as prescribed in Clause 8 of this Article.
10. Maintenance of road transportation infrastructure assets (hereinafter referred to as asset maintenance) is a combination of activities of regular maintenance, periodical repair and irregular repair in order to maintain the technical condition of road transportation infrastructure assets according to their design regulations in order to ensure normal and safe operation. In particular:
a/ Regular maintenance is monitoring, taking care of and repairing minor damage and maintaining installed equipment, which are carried out regularly and periodically to maintain the normal operation of road transportation infrastructure assets and limit their damage;
b/ Periodical repair is a scheduled activity aiming to restore and improve the technical condition of road transportation infrastructure assets, which cannot be assured by regular maintenance;
c/ Irregular repair means an unscheduled activity when a road infrastructure asset suffers from damage due to natural disaster, vandalism, other unexpected impacts or when it shows signs of potential and need timely rectification in order to assure normal operation.
11. Specialized road transportation infrastructure assets are assets invested any built by certain organizations and individuals to serve their special activities.
12. Road transportation infrastructure assets during the execution of a project contract are assets which are built or operated or used in the period prescribed in a signed contract in the form of: Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Build-Transfer (BT), Public-Private Partnership (PPP) or another form as prescribed by law.
13. Organizations and individuals executing capital generation projects are domestic or foreign economic organizations and investment funds having the legal status and eligible for making investment as prescribed by law.