Assign the Government to specify details on intelligent transportation systems
At the 6th Session of the 15th National Assembly, National Assembly deputies discussed and gave their opinions on the draft Road Law. Based on the opinions of the deputies, the National Assembly Standing Committee (NASC) directed the Standing Committee of the National Defense and Security Committee (NDSC) to coordinate with the drafting agency, the National Assembly agencies and relevant agencies to study, absorb, and revise the draft Law and develop a draft Report on explanation, absorption and revision.
The draft Road Law submitted to the National Assembly for discussion at the 7th Session has 86 articles, 6 articles less than the draft Law submitted by the Government; the content of 82 articles has been revised, 7 articles have been removed, and the content of some articles has been combined to form new articles, and the positions of 3 articles have been rearranged.
Regarding general provisions, the Chairman of the National Assembly's Committee for National Defense and Security informed that the majority of National Assembly deputies basically agreed with the scope of regulation and the provisions in Chapter I of the draft Law; some National Assembly deputies proposed to continue reviewing to clearly define and avoid overlapping with the scope of regulation of the Law on Road Traffic Safety; proposed to amend Article 1 in a concise and general direction. Some opinions suggested reviewing the provisions on interpretation of terms, transferring some contents of the nature of interpretation of terms in the provisions of law to Article 2; reviewing the provisions on road network planning, road infrastructure planning, local road systems, urban roads; road databases; intelligent traffic systems to ensure consistency, feasibility, savings and efficiency.
Regarding the intelligent transportation system, the Standing Committee of the National Assembly finds that this is a new content and is changing and developing rapidly. If specific regulations are specified in the draft Law, it will not be practical. Therefore, the Standing Committee of the National Assembly proposes to only stipulate general principles and assign the Government to specify details. At the same time, it proposes that the National Assembly move this content to Article 40 of the draft Law.
Regarding the road database, the Standing Committee of the National Assembly has directed the review and revision of Article 6 of the draft Law in the direction of only regulating the road management database that has been implemented and built in practice.
Regarding road infrastructure, Chairman of the National Defense and Security Committee Le Tan Toi said that some opinions suggested clearly defining the responsibilities of the entities in investing, constructing, managing, operating, exploiting, and maintaining road infrastructure; many opinions agreed with the regulation on decentralization to the People's Committees at the provincial level to invest, construct, manage, operate, exploit, and maintain road infrastructure if resources can be allocated; some opinions suggested considering this content to ensure consistency with the provisions of the law on investment, the law on the state budget, etc.
The Standing Committee of the National Assembly has directed to absorb and make maximum adjustments according to the opinions of National Assembly deputies, focusing on the provisions in Article 8 (classification of roads by management level), Article 12 (land fund for road infrastructure), Article 15 (road safety corridor), Article 16 (use of land in road safety corridor), Article 28 (investment and construction of works belonging to road infrastructure), Article 31 (handover and putting road works into operation), Article 35 (maintenance of road infrastructure), Article 37 (responsibility for management, operation, exploitation and maintenance of road infrastructure), Article 41 (Costs of management, use, operation, exploitation and maintenance of road infrastructure), etc.
Regarding the proposal to decentralize and allow some localities with the ability to allocate resources to invest in and build national highways and expressways, the Standing Committee of the National Assembly proposed to stipulate in Point c, Clause 5, Article 8, accordingly, in case the locality has the ability to ensure investment resources, the Provincial People's Committee shall propose the Prime Minister to assign the People's Committee to manage that route according to the provisions of law on management and use of public assets; on that basis, the Provincial People's Committee will carry out investment procedures according to regulations. The Standing Committee of the National Assembly finds that these regulations are consistent with the provisions of current law, are not contradictory or overlapping, and ensure feasibility.
Regarding financial resources for investment, construction, management, operation, exploitation, and maintenance of road infrastructure and revenue from road infrastructure, taking into account the opinions of National Assembly deputies, the National Assembly Standing Committee directed the revision of Clause 2, Article 42 to be consistent with the provisions of the State Budget Law, accordingly, the revenue sources specified in this Clause will be paid into the state budget for allocation according to regulations.
The Standing Committee of the National Assembly agrees with the regulation on collecting fees for using highways.
Regarding the regulation on collecting highway usage fees, the Standing Committee of the National Assembly proposed to keep this content as the draft submitted by the Government in order to create resources for investment and construction of road infrastructure in the context of difficult state budget. Regarding some concerns about this content, the Standing Committee of the National Assembly explained in detail in Report No. 839/BC-UBTVQH15, accordingly, the collection of highway fees aims to ensure fairness when vehicles participating in traffic are provided with better services, shorten travel time and only applies to highways with parallel roads.
Regarding expressways stipulated in Chapter III of the draft Law, Chairman of the National Defense and Security Committee Le Tan Toi said that some opinions suggested considering a separate chapter on expressways because this is a technical level of roads; suggested considering regulations on land recovery and site clearance according to the planning scale and suggested reviewing regulations on investment, construction, expansion, renovation, upgrading, modernization, management, operation, exploitation and maintenance of expressways; suggested adding some specific regulations on technical requirements for expressways...
The Standing Committee of the National Assembly directed to absorb the opinions of National Assembly deputies and revise many important contents in Article 46 (expressway development policy), Article 47 (investment, construction, development of expressways), Article 48 (expansion, upgrading of expressways), Article 50 (expressway usage fees), Article 52 (rest stops, stops, parking lots), Article 53 (expressway traffic management and control center), Article 55 (costs of implementing management, use, operation, exploitation and maintenance of expressways); remove Article 53 (exploitation of expressway infrastructure assets), Article 57 (expressway management and control center) of the draft Law submitted by the Government.
Regarding the proposal to add some specific regulations on technical requirements for highways, the Standing Committee of the National Assembly proposed to assign the Minister of Transport to stipulate in the technical standards for highways to ensure compliance with reality and authority.
Regarding the regulations on expanding and upgrading highways, the Standing Committee of the National Assembly has directed the revision to be consistent with the provisions of the law on construction, the law on public investment, the law on investment under the public-private partnership method... and in accordance with reality to create a legal basis to attract financial resources for investment activities to expand and upgrade existing roads into highways or highways invested in on a phased scale.
Regarding transportation activities in Chapter IV, the Chairman of the National Defense and Information Security Committee, many opinions agreed with the provisions of the draft Law, especially the provisions on automobile transportation business. Some opinions suggested considering and clarifying the provisions on conditions for automobile transportation business; suggested defining the provision of connection software services as transportation support services.
The Standing Committee of the National Assembly would like to accept the opinions of the National Assembly Deputies and revise the provisions in Chapter IV in the direction of reviewing and ensuring consistency with the provisions of the draft Law on Road Traffic Safety, focusing only on the provisions on the management of transport business activities, the responsibilities of entities in transport business activities and services supporting road transport activities.
Regarding Chapter V regulating state management of road activities, Mr. Le Tan Toi said that the majority of opinions agreed with the provisions of the draft Law. Some opinions proposed to stipulate that the Road Inspectorate force is allowed to stop vehicles to handle and prevent violations of road infrastructure protection; some opinions proposed to clearly stipulate that the Road Inspectorate force does not conduct inspections of training, testing, granting of driving licenses, and vehicle inspection activities in the People's Public Security and the People's Army.
The Standing Committee of the National Assembly would like to accept the opinions of the National Assembly Deputies and supplement Clause 2, Article 83 of the draft Law to ensure consistency with the draft Law on Road Traffic Safety, because the inspection of training, testing, granting of driving licenses and vehicle inspection in the People's Army and the People's Public Security forces is carried out by the Ministry of National Defense and the Ministry of Public Security.
Source: https://baotainguyenmoitruong.vn/chi-ap-dung-thu-phi-duong-cao-toc-voi-cac-tuyen-cao-toc-co-duong-bo-song-hanh-374425.html
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