Reader N.T.B reflected that point e, clause 1, Article 21 of Decree No. 165/2024/ND-CP stipulates the temporary use of roadways and sidewalks for other purposes as follows: Used for parking and keeping vehicles participating in traffic in necessary cases.
Reader N.TB asked: "Does our store submit a dossier requesting a temporary use permit for a part of the sidewalk (4.6 m wide) for parking for customers coming to the store? However, through discussions with handling staff, it has not been determined whether it is a necessary case according to point e, clause 1, Article 21 of Decree No. 165/2024/ND-CP or not?
Therefore, let us ask "in necessary cases" mentioned in the above regulations what are the cases and what documents and materials the store needs to provide to prove that it belongs to the necessary cases?".
After research, the Vietnam Road Administration would like to answer as follows:
Currently, Decree No. 165/2024/ND-CP does not have any clause directly defining or specifically listing "necessary cases" specified in point e, clause 1, Article 21.
Clause 1, Article 77 of the Law on Road Traffic Order and Safety "Roadways are used for traffic purposes; sidewalks are used for pedestrians. In case it is necessary to temporarily use roadways and sidewalks for political events, cultural and sports activities and other purposes, agencies, organizations, and individuals who need to temporarily use roadways and sidewalks must have a plan to temporarily use roadways and sidewalks and be permitted by competent authorities; the agency that allows temporary use of roadways and sidewalks shall immediately send a notice to the traffic police agency".
However, according to Clause 2, Article 21 of Decree No. 165/2024/ND-CP stipulating "The use of roadways and sidewalks for other purposes is only allowed when there is a traffic organization plan, not causing traffic congestion for road sections with roadways and sidewalks used for other purposes or there is a road traffic diversion plan to avoid routes using roadways and sidewalks for other purposes and must implement the provisions at points a, b, clause 3, Article 77 of the Law on Road Traffic Order and Safety".
Thus, the store's request to use the sidewalk for the purpose of parking for customers coming to transact and buy and sell needs to comply with the above regulations.
It's a bit of a bit of a bit of a bit of a bit of a bit.
