DECREE

DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON PROTECTION OF TRAFFIC WORKS WITH REGARD TO LAND ROAD TRAFFIC WORKS

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the December 2, 1994 Ordinance on Protection of Traffic Works;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Communications and Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the scope of protecting land road traffic works, the responsibilities of organizations and individuals in the protection of land road traffic works and the administrative sanctions against acts of violating the regulations on the protection of land road traffic works.

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Article 3.- The to be - protected land road traffic works shall cover:

1. Road beds, road surfaces, pavements and sewage systems;

2. Assorted bridges, sluices, embankments, shield walls, road undergrounds, underground constructions, tunnels, spillways, emergency exits;

3. Ferry landings, pontoon bridge wharves, reserve wharves, constructions and equipment at both ends thereof, places to hide river-crossing means and support equipment;

4. Anti-collision works, water current- regulating works;

5. Traffic direction islands, median strips, signal and signboard systems, corridor walls, protection walls, boundary markers, measurement markers, milestones, lighting lamps, traffic lamps and traffic safety support works;

6. Car terminals, parking lots (including support constructions), roadside car stations;

7. Car-weighing stations, car-counting equipment, toll booths, traffic control stations, lane-deviating checkpoints.

Article 4.- The corridor for protection of land road traffic works shall cover sections on land surface, in the air, underground and water sections adjacent to the land road traffic works, which are used to ward off and prevent impacts affecting the durability of the works, to ensure safety for road traffic activities, beautiful views and environmental hygiene.

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LAND ROAD TRAFFIC WORK PROTECTION CORRIDOR LIMITS

Article 5.- The road protection corridor limits are stipulated as follows:

1. For the roads outsides the urban areas, depending on their technical grades as planned, the distance from the edge of the foot of the embanked road taluses or the edge of the top of the dug road taluses or from the outer edge of the horizontal ditches or the edge of the top ditches of the roads to their both sides shall be:

- 20m (twenty meters) for express ways and roads of grades 1 and 2;

- 15m (fifteen meters) for roads of grade 3;

- 10m (ten meters) for roads of grades 4 and 5;

- For the inter-village and inter-commune roads, such corridor shall be stipulated by the People’s Committees of the provinces and centrally-run cities (hereafter referred collectively to as the provincial People’s Committees) but must not be smaller than the width of a road side.

2. For urban roads of cities, provincial towns, district towns, the protection corridor limit shall be equal to the width of the pavements or the construction boundary under the approved planning.

3. For land roads running in parallel with rivers, canals or water areas with waterway transport activities, of which the corridors are overlapping, the land road protection corridors shall be calculated from the upper edges of the banks of such rivers, canals and water areas to the roads.

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Article 6.- The protection corridor limits for bridges and sluices are stipulated as follows:

1. For bridges outside urban areas:

a) According to the length of the bridges, the distance from bridge abutment to each side of the bridge shall be:

- 50 m (fifty meters) for bridges with the length of 60m or over;

- 30 m (thirty meters) for bridges with the length of under 60m.

Where a bridge has in and out- slopes longer than the above-prescribed distance, the protection corridor limit shall be calculated from the end of the bridge abutment to the ends of the slopes.

b) According to the width of the bridge, the distance from the outermost point of the bridge structure to each side of the bridge shall be:

- 150m (one hundred fifty meters) for bridges with the length of over 300m;

- 100 m (one hundred meters) for bridges with the length of from 60 m to 300m;

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- 20 m (twenty meters) for bridges with the length of under 20m.

2. For bridges in urban areas:

a) According to the length of the bridges, as prescribed in Point a, clause 1, this Article.

b) According to the width of the bridges:

- From the edge of the outermost parapets outward, it shall be 7m (seven meters) for land bridges, including big bridges with sections suspending over the land areas only submerged when floods appear;

- As prescribed at Point b, Clause 1, this Article, and the limit according to the horizontal direction of the bridge shall be the distance between two upper edges of the river banks for bridges suspending over sections constantly submerged under water.

3. For sluices, the protection corridor limit according to the length of the sluice to both sides shall be equal to the width of the road protection corridor.

Article 7.- The protection corridor limits for ferry and pontoon bridge wharves are stipulated as follows:

1. According to the length of the ferry or pontoon bridge wharf, it is equal to the length of the slope leading to the wharf.

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Article 8.- The protection corridor limits for embankments, shield walls, water current- regulating works are stipulated as follows:

1. For anti-erosion embankments to protect road beds:

a) It is 50 m (fifty meters) from both ends of the embankment to the upper reach and the lower reach respectively;

b) It is 20m (twenty meters) from the foot of the embankment toward the river.

2. For water current-regulating embankments:

a) It is 100m (one hundred meters) respectively to the upper reach and the lower reach from the embankment foot;

b) It is 50m (fifty meters) from the embankment foot to the bank;

c) It is 20m (twenty meters) from the embankment foot out to the river;

Article 9.- The protection scopes of car terminals, parking lots, roadside car-stations, car-weighing stations, traffic control stations or toll booths shall be the land and/or water areas covered by such works, which have been prescribed by competent State bodies in the use permits.

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1. The protection corridor limit for the road undergrounds shall be the land, rock and aerial area of 100 m (one hundred meters) from the outermost points of underground structures outwards.

2. The protection corridor limit for urban road undergrounds shall be specified in each project approved by competent State bodies.

Article 11.- The overhead protection corridor limits are stipulated as follows:

1. For roads, it is 4.5m (four and a half meters) from the heart of the road up according to the vertical direction.

2. For bridges, it is the height of the highest structure of the bridge, but not lower than 4.8m (four point eight meters) from the bridge surface up according to the vertical direction.

3. The height of the power transmission lines above the land road traffic works or directly attached onto the bridge structure must ensure safety for communication and transport activities and the safety of the power grids, depending on the voltages of the transmission lines.

Article 12.- The protection corridor limits for the underneath of land road traffic works shall be specified by the competent State bodies in compatibility with the technical requirements of each work.

Article 13.- For land road traffic works in urban areas, the protection corridor limits must comply with this Decree and Decree No. 91/CP of August 17, 1994 of the Government.

Article 14.- Where the protection corridor limit for a land road traffic work must be stipulated differently from the prescriptions of this Decree in order to ensure its compatibility with the actual situation of renovation, expansion, upgrading or new construction, the Minister of Communications and Transport shall report such to the Prime Minister before making a decision thereon.

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LAND ROAD TRAFFIC WORK PROTECTION RESPONSIBILITIES

Article 15.-

1. Domestic and foreign organizations and individuals, when operating on the systems of national highways, provincial roads, district roads, commune roads, urban roads and special-use roads have the responsibility to protect the land road traffic works.

2. Domestic and foreign organizations and individuals, that are permitted to invest in the construction and/or exploitation of land road traffic works shall have to organize the protection thereof during the construction and/or exploitation investment as prescribed by law.

Article 16.- The land road managing agencies shall assume the prime responsibility and coordinate with the land administration offices and the People’s Committees of urban and rural districts, provincial capitals and towns of provinces (hereafter referred collectively to as the district-level People’s Committees), the People’s Committees of communes, wards and district towns (hereafter referred collectively to as the commune-level People’s Committees), where roads run through, in conducting the measurement and planting markers of the land road traffic work protection corridor limits which serve as basis for the management and use of the road protection corridor land.

The district-level People’s Committees shall direct the commune-level People’s Committees to take initiative in coordinating with the grassroots land road managing units to organize the protection of the land road traffic work protection corridors.

Article 17.- The Vietnam Land Road Administration under the Ministry of Communications and Transport, the provincial/municipal Communications and Transport Services and Communications and Public Works Services (hereafter referred collectively to as the provincial/municipal Communications and Transport Services) shall have to guide and direct their road management units to perform the following tasks:

1. Arranging adequate signals, signs and road traffic safety support works;

2. Managing, maintaining, repairing road traffic works and ensuring the state of technical safety thereof; carrying out regular inspection in order to detect in time damaged works, loss of road traffic equipment, acts of violation of legislation on protection of road traffic works and road communications and transport safety;

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4. Handling or reporting to the competent State bodies for handling acts of violation of legislation on protection of road traffic works; immediately stopping activities which cause harms to the safety of land road traffic works or the safety of road communications and transport.

Article 18.- The People’s Police forces, the Military Police forces and law bodies in the localities shall, within their respective functions and tasks, have to protect the road traffic works and coordinate with the land road traffic inspection forces and the road managing units in protecting the road traffic works.

Article 19.-

1. All organizations and individuals, when detecting any incidents happening to road traffic works or any acts of violating the regulations on the protection of road traffic works, shall have to immediately report them to the road managing units, police offices or the nearest local People’s Committees.

2. Road managing units, police offices or local People’s Committees, upon receiving the reports, shall have to immediately send responsible people to the places where the incidents occur or the works are infringed upon for timely handling measures, and at the same time to report such to their superior managing units and notify the road managing agencies thereof.

Article 20.- In special cases where the construction of a work requires the use and exploitation of the aerial space, land area and/or water area within the road traffic work protection limit, there must be the written consent right at the time of project elaboration from the following road managing agencies:

1. The Ministry of Communications and Transport, for construction works of Group A projects;

2. The Vietnam Land Road Administration, for construction works of Group B and C projects, which are related to national highways and new constructions, repairs but not to the extent of elaboration of projects related to national highways under its management;

3. The provincial/municipal Communications and Transport Services, for construction works related to local roads and new constructions, repairs, but not to the extent of elaboration of projects related to national highways under their respective management;

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Article 21.- Construction works which use and exploit the aerial space, land areas and/or water areas outside the limits for protection of road traffic works but affect the safety of the road traffic works or the safety of road communications and transport activities must be consented in writing right at the time of project elaboration by the following road managing agencies:

1. The Ministry of Communications and Transport, for construction works of Group A projects;

2. The Vietnam Land Road Administration, for construction works under Group B and C projects which affect national highways;

3. The provincial/municipal Communications and Transport Services, for construction works of Group B and C projects, which affect local roads.

Article 22.- A number of construction works which are allowed to use the road protection corridors or are located outside the corridors but affect the road traffic safety shall have to comply with the following regulations:

1. Electric, telegraph and telephone posts outside the inner cities, towns or densely populated areas must be away from the edges of road beds for a distance at least equal to the height of the post;

2. Lime kilns, foundries, brick kilns, glass kilns, pottery kilns must be at least 25m (twenty five meters) away from the foot of the road bed;

3. Explosives, poisons and inflammables depots and mines exploited with mines must be located outside road protection corridors and kept at a safe distance according to current law provisions;

4. Market places must be at least 100m (one hundred meters) away from the road foot or edge and comply with the planning;

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6. The use of road protection corridors related to adjacent security or defense works must be agreed upon by the Ministry of Public Security or the Ministry of Defense.

Article 23.- The use of works within the road protection limits must be in strict accordance with the written consents and construction permits of the competent road managing agencies.

The commencement and completion of the construction must be reported to the unit directly managing the road traffic works for inspection.

Article 24.-

1. In the road protection corridors along the suburban roads, subsidiary food crops, food crops, fruit trees and/or timber trees may be planted, but the following regulations must be complied with:

a) For embanked roads, they must be planted at least 1m (one meter) for subsidiary food crops and food crops and 2m (two meters) for fruit trees and timber trees, from the road foot;

b) For dug roads, they must be planted at least 6m (six meters) from the top edge of the road talus or the outer edge of the top ditch;

c) Only timber trees with deep main roots are planted. Not to let the trees branch out beyond the prescribed aerial scope of the road.

2. Trees of all kinds must not be planted in the road protection corridors along the roads at road forks, crossroads, intersections with railways and at positions affecting the visibility of the means operators.

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Article 26.-

1. Besides prohibited acts prescribed in Article 20 of the Ordinance on Protection of Traffic Works, the following acts against land road traffic works are also prohibited:

a) Letting unbridled or tending and walking animals on roads, road taluses and tying animals to trees lines along the roads, to marker post, sign boards or other traffic safety support works;

b) Digging ditches under bridges, using road sides to build canals, ponds; destroying or burning forests close to road sides;

c) Illegally exploiting sand, rock, gravel or other acts which affect the safety of road traffic works;

d) Carrying out without permission construction, diggings, gun shooting, mine explosion, burning, anchoring or mooring vessels or any acts, which affect the safety of bridges.

2. To strictly prohibit all acts of blocking roads or obstructing traffic, if there are no permits of the competent road managing agencies.

In cases where it is due to security, political, social order or defense requirements, the competent police offices may temporarily halt or restrict traffic for the performance of tasks, but have to immediately report such to the competent road managing agencies for coordination in avoiding traffic jam.

Article 27.-

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2. In case of emergency, the agencies in charge of flood, storm, drought and water-logging prevention and combat may use road traffic works, but not affecting the durability of the works, and, upon the fulfillment of the tasks, shall have to restore the initial state of the road traffic works.

3. Where the road work managing agencies and the irrigation works managing agencies have plans to build, renovate or upgrade their works, the construction, renovation and upgrading of works must be combined together.

4. For the construction of new works, which affect the durability of previously-built works or restrict the utility thereof, the agencies managing such new works shall have to apply technical measures to handle them as agreed upon by the agencies managing the previously-built works which were damaged, and to cover the cost of repair and restoration. If the agencies managing the old works also wish to make the renovation, expansion and upgrading thereof, they shall have to invest therein.

5. The management and use of dyke sections as traffic roads and dykes too shall have to comply with the legislation on dyke protection and the legislation on road traffic work protection on the principle of giving first priority to ensuring dyke safety.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES REGARDING THE PROTECTION OF LAND ROAD TRAFFIC WORKS

Article 28.- The Ministry of Communications and Transport has the responsibility to :

1. Submit to the Government for promulgation or promulgate according to its jurisdiction legal documents on the protection of land road traffic works; guide and inspect the implementation of such documents;

2. Direct and organize the training and fostering of personnel in charge of management and protection of land road traffic works nationwide;

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4. Organize, direct and supervise the activities of the Road Traffic Inspection Forces throughout the country;

5. Coordinate with the provincial People’s Committees and concerned branches in the propagation and dissemination of legislation on the protection of land road traffic works;

6. Coordinate with the Ministry of Finance in balancing funds for implementation of plans on clearance of road traffic protection corridors regarding roads managed by the central government;

7. Work out plans for and inspect the implementation of the prevention and overcoming of damage caused to road traffic works by natural disasters or enemy sabotage;

8. Settle disputes, complaints and denunciations related to the protection of land road traffic works according to law.

Article 29.- The Vietnam Land Road Administration under the Ministry of Communications and Transport has the responsibility to:

1. Elaborate legal documents on the protection of road traffic works so that the Ministry of Communications and Transport submits them to the Government for promulgation or promulgate according to competence;

2. Organize the training and fostering of its personnel in charge of management and protection of road traffic works;

3. Direct and inspect the activities of the road traffic inspection forces under its direct management;

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5. Guide, direct and inspect the granting and withdrawing construction permits, suspend activities in the road traffic works protection limits which cause unsafety to traffic as well as to road works;

6. Propose the competent State bodies to grant permits for activities outside the road works protection limits or to withdraw the permits for activities outside the road works protection limits but affecting the quality and safety of the road traffic works;

7. Direct and organize the prevention, combat and overcoming of damage caused to road traffic works by natural calamities or enemy sabotage;

8. Coordinate with local administration and concerned branches in propagation and dissemination of legislation on protection of road traffic works;

9. Draw up plans for clearance of road traffic work protection corridors for the national highway system;

10. Settle disputes, complaints and denunciations related to the protection of road traffic works, which fall under the Department’s responsibility as prescribed by law.

Article 30.- The provincial People’s Committees have the responsibility to:

1. Promulgate documents guiding the implementation of the regulations on the protection of road traffic works, which are in line with the legal documents of the State and the Ministry of Communications and Transport and suitable to the concrete conditions of their localities;

2. Organize apparatuses for management and protection of their local road systems;

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a) Activities of the provincial traffic inspection forces under the guidance of the Ministry of Communications and Transport;

b) The granting and withdrawal of construction permits, the suspension of activities in the traffic work protection limits, which cause unsafety to traffic as well as to the local road works. Request, propose the granting of permits for activities outside the protection limits or the withdrawal of permits for activities outside the protection limits but affecting the quality and safety of the local road traffic works.

4. Direct, guide and inspect the district and commune People’s Committees in the following domains:

a) The protection of road traffic works in their respective provinces;

b) The management and use of land inside and outside the road traffic work protection limits in compliance with the provisions of the land legislation, the regulations on management of construction along the roads and the legislation on protection of traffic works as well as road transport safety;

c) Their prime responsibility and coordination with road management units in clearance of the road traffic work protection limits infringed upon;

5. Mobilize all forces, supplies and equipment for the prompt restoration of traffic disrupted by national calamities and/or enemy sabotages;

6. Organize and direct the propagation, dissemination and education of the legislation on road traffic work protection within their respective localities;

7. Allocate annual funding for the clearance of local road protection corridors;

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Article 31.- The district-level People’s Committees have the responsibility to:

1. Guide and inspect the commune-level People’s Committees in the implementation of the law provisions on the protection of road traffic works;

2. Organize the propagation, dissemination and education of the legislation on the protection of road traffic work;

3. Organize and direct the application of measures by the commune-level People’s Committees to protect the road traffic works on the district territory;

4. Organize the clearance of road traffic work protection limits on the district territory;

5. Organize the management of the use of land inside and outside the road traffic work protection limits in compliance with the provisions of land legislation, the regulations on management of construction along roads and the legislation on the protection of traffic works as well as road communication and transport safety on the district territory;

6. Grant, withdraw permits for construction of road traffic works assigned to their management;

7. Mobilize all forces, supplies and equipment for prompt restoration of traffic disrupted by natural calamities or enemy sabotages;

8. Settle disputes, complaints and denunciations related to the protection of road traffic works on the district territory according to the provisions of law.

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1. Coordinate with the Ministry of Communications and Transport and the provincial People’s Committees in performing the State management functions regarding the protection of road traffic works;

2. Coordinate with the Ministry of Communications and Transport and the Ministry of Defense in drawing up plans for the protection of road traffic works of special importance, to be submitted to the Prime Minister for approval, and organize the implementation thereof;

3. Direct and guide the police forces to inspect and handle violations of legislation on the protection of road traffic works.

Article 33.- The Ministry of Construction has the responsibility to direct and guide the planning and building of urban areas, population quarters and other constructions along roads.

Article 34.- The Ministry of Agriculture and Rural Development has the responsibility to direct and guide the planning and building of systems of irrigation works related to road traffic works; direct and guide the tree planting in the land road protection corridors.

Article 35.- The Ministry of Finance has the responsibility to:

1. Ensure funds for the management, maintenance, repair and protection of road traffic works invested with State budget capital or originated from the State budget on the basis of the annual budget plans approved by the Government;

Owners of road construction works invested with other sources of capital shall themselves have to ensure funds for the management, maintenance, repair and protection of such works;

2. Inspect the spending of the State budget on the management, maintenance, repair and protection of road traffic works for the right purposes;

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Article 36.- The General Land Administration has to assume the prime responsibility and coordinate with the provincial People’s Committees and the Ministry of Communications and Transport in guiding the survey, measurement and classification of land in the road protection corridors for management and use according to the provisions of law.

Article 37.- The ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial People’s Committees, when drawing up planning on construction or renovation of works, which affect the safety of road traffic works, must obtain the written consent of the Ministry of Communications and Transport.

Chapter V

COMMENDATION AND VIOLATION HANDLING

Article 38.- Organizations and individuals who record the following achievements shall be commended according to the common regulations of the State:

1. Splendidly fulfilling the tasks of managing and protecting land road traffic works;

2. Contributing labor, efforts and/or property to the protection of land road traffic works;

3. Detecting and/or denouncing acts of infringing upon or sabotaging traffic works.

Article 39.- Organizations and individuals that violate the regulations on the protection of land road traffic works shall, depending on the nature, seriousness and consequences of the violations, be disciplined or administratively sanctioned according to the provisions of Decree No. 49/CP of July 26, 1995, the amended provisions of Decree No. 78/1998/ ND-CP of September 26, 1998 of the Government and the provisions in Article 40 of this Decree.

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Article 40.-

1. Warning or a fine of 20,000 VNdong shall be imposed on one of the following acts:

a) Tending and walking animals on road taluses, tying animals to tree lines along roads or marker posts, sign boards, road traffic safety support works;

b) Climbing without permission on bridge abutments, piers or beams.

2. A fine of 50,000 VNdong shall be imposed on acts of occupying traffic roads for display and sale of goods which obstruct the exploitation and use of road traffic works.

3. A fine of 300,000 VNdong for car drivers who fail to abide by traffic signals, guidance of traffic personnel and/or traffic inspectors when travelling on roads, bridges, ferries and/or dangerous road sections.

4. A fine of 1,000,000 VNdong for acts of setting fire, mooring or anchoring ships/boats in the protection corridors or other acts which affect the safety of bridges.

5. A fine of 2, 000,000 VNdong for one of the following acts:

a) Occupying road traffic work protection areas to build dwelling houses, food or drink huts or other works;

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c) Blocking traffic roads without permission or obstructing traffic;

d) Occupying and using traffic roads as places for sale and purchase of construction materials, or vehicle washing.

6. A fine of 3,000,000 VNdong for acts of digging ditches under bridges, using road sides to build canals or ponds.

7. A fine of 5,000,000 VNdong for acts of construction, digging, mine explosion, exploitation of sand, rock, cobble stones or other acts, which affect the safety of road traffic work.

In addition to fines, individuals and organizations that violate the provisions of this Article shall also have to dismantle their works, dwelling houses, food or drink huts built on occupied land, remove them within the time limits prescribed by the competent bodies; restore the initial state which has been altered due to the violations; and pay compensation for damage caused by their acts of violation.

Article 41.- The People’s Committees at all levels, the People’ Police forces and the land road traffic inspectors are competent to impose administrative sanctions according to the provisions of Decree No. 49/CP of July 26, 1995, the amended provisions of Decree No. 78/1998/ND-CP of September 26, 1998 of the Government and the provisions in Article 40 of this Decree.

Article 42.- The handling of works lying in the road traffic work protection corridors, which had existed before the issuance of this Decree, is stipulated as follows:

1. Immediately clearing all works which cause such harms to the stability of road traffic works as sinkage, slides, cracks, breaks, or cause unsafety to road communications and transport activities.

2. Gradually clearing works which are deemed not yet directly affecting the stability of road traffic works and the safety of road communications and transport activities, provided that the owners of such works must commit with the local People’s Committees and the road management agencies to keep the status quo, not to further expand; and to dismantle their works when so requested by the competent State bodies.

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IMPLEMENTATION PROVISIONS

Article 43.- This Decree takes effect as from January 1st, 2000.

To annul previous regulations which are contrary to this Decree, except for cases where the Prime Minister allows smaller protection corridor limits regarding some projects on land road upgrading and improvement.

Article 44.- The Minister of Communications and Transport shall have to guide the implementation of this Decree.

Article 45.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai