On the Ministry of Construction Information Portal, reader K.P asked, if the land has been marked by the Commune People's Committee (this land is still in the red book of the people and has not been compensated) to plan a new rural road, if there is an existing road on the land when building a fence, it will encroach on part of the road surface and cause traffic obstruction, will there be any violations or penalties?
After studying, the Vietnam Road Administration has the following opinion: According to the provisions of Clause 4, Article 2 of the Road Law, road infrastructure includes: road works; bus stations; parking lots; rest stops; bus stops, parking lots; road land; road safety corridors and auxiliary works serving road operations.
Clause 1, Article 11 of Decree No. 165/2024/ND-CP detailing and guiding the implementation of a number of articles of the Road Law and Article 77 of the Law on Road Traffic Order and Safety, Road Safety Corridors are stipulated as follows:
For non-urban roads, the width of the road safety corridor is calculated from the edge of the land to protect and maintain roads on each side as follows: 17 meters for expressways, level I and level II; 13 meters for level III roads; 9.0 meters for level IV and level V roads; 4.0 meters for level VI roads and other grade A, B, C, D roads.
Article 7 of the Road Law stipulates a number of prohibited acts including: Exploitation and use of road infrastructure in violation of the law; illegal dismantling, moving or distorting road works; encroachment, occupation, illegal use, and construction within the scope of road infrastructure protection.
Thus, in comparison with the above regulations, building fences within the traffic road surface and obstructing traffic is a violation that is strictly prohibited according to the provisions of the Road Law.
