Citizen T.V.T reflected: According to regulations, the project investor is responsible for selecting a qualified traffic safety inspection service organization to conduct traffic safety inspection during the investment project preparation phase, design and implementation after the basic design.
In case of hiring a consultant to review projects and designs implemented after the basic design, if the consultant to review projects and designs meets the capacity to review road traffic safety, they can be selected to conduct a project traffic safety review and design implemented after the basic design.
Traffic safety inspection is necessary. However, for small-scale projects, rural roads, and projects that only prepare economic and technical reports, is it necessary to conduct traffic safety inspections or not?
Because for projects such as new rural construction works, small-scale projects invested by the commune level, if these contents are implemented, will extend the investment preparation time and increase the total investment.
Propose to have instructions for the above small-scale projects".
The Vietnam Road Administration responds to this issue as follows: The contents of road traffic safety appraisal and appraisal are stipulated in Article 29 of the Road Law. In which, Clause 1 of this Article stipulates as follows:
The road is inspected and assessed for traffic safety during the project preparation and construction phase; design and implementation after the basic design; before putting the road project into operation and during the road construction exploitation process.
During the investment project preparation and design phase after the basic design, the inspection and appraisal of traffic safety are carried out along with the work of inspection, appraisal of feasibility study reports and construction design.
Clause 1, Article 29 above does not stipulate the scale of road construction projects that must or must not be subject to road traffic safety appraisal and appraisal.
According to this regulation, investment projects to build road works must conduct appraisal and appraisal of road traffic safety.
However, in the process of implementing the Road Law (from January 1, 2025, the Law takes effect), the Vietnam Road Administration has received opinions from a number of agencies reflecting and recommending considering not requiring inspection and appraisal of traffic safety for a number of projects to build rural traffic roads and low-level roads.
To remove the above regulation, the Vietnam Road Administration and the agencies of the Ministry of Construction have coordinated with the agencies of the Ministry of Public Security to draft for the ministries to report to the Government for consideration and approval of the Law amending and supplementing a number of articles of 10 Laws related to security and order at the 10th session of the 15th National Assembly. Including amending and supplementing Clause 1, Article 29 of the Road Law as follows:
The road is subject to traffic safety inspection and appraisal during the construction investment project preparation stage; implementation design after basic design; before putting the road project into operation and during the exploitation of the road project, except for roads with technical standards specified in Point d, Clause 2, Article 10 of this Law, collector streets and urban internal roads. During the investment project preparation and design phase after the basic design, the inspection and appraisal of traffic safety are carried out along with the work of inspection, appraisal of feasibility study reports and construction design".
Point d, Clause 2, Article 10 of the Road Law stipulates level A, B, C, D roads. These technical levels are specified in National Standard TCVN 10380:2014 - rural traffic roads - design requirements. This is the technical standard for projecting and designing rural traffic routes.
For collector streets and internal urban roads: According to National Standard 13592:2022 urban roads - design requirements:
Gathering street (including main gathering street and secondary gathering street) has the function of connecting units in residential areas, industrial parks, and other functional areas; between subdivisions of industrial parks and other functional areas on a large scale and connecting to the urban main road system.
Internal urban roads include: Main internal roads, internal roads with functions for cars, motorbikes, bicycles and pedestrians, and internal roads for cyclists and pedestrians. In addition, this standard also stipulates the scale, indicators and technical requirements for each type of collector street and internal streets to serve as a basis for establishing investment projects for construction and design of these types of streets in urban areas.
Thus, after the Law amending and supplementing a number of articles of 10 Laws related to security and order passed by the National Assembly, projects and designs of rural traffic roads, urban collector streets, and urban internal roads will not have to be reviewed, assessed for traffic safety and reflect and recommendations on this question will be resolved.
Point a, Clause 1, Article 32 of Decree No. 165/2024/ND-CP stipulates:
The project investor is responsible for selecting a qualified traffic safety inspection service business organization to conduct traffic safety inspection during the investment project preparation and design stage after the basic design. In case of hiring a consultant to review the project or design implemented after the basic design, if the consultant to review the project or design meets the capacity for road traffic safety testing, they can be selected to conduct a project traffic safety review, the design is implemented after the basic design".
Thus, Point a, Clause 1, Article 32 of Decree No. 165/2024/ND-CP only stipulates in detail and guides the implementation of responsibilities and organizes the implementation of road traffic safety inspection and appraisal during the investment project preparation and implementation design after basic design of road works.
Decree No. 165/2024/ND-CP does not stipulate that road construction projects must or must not conduct road traffic safety inspections and appraisals, because this content has been stipulated in the Road Law.
