The 2008 Road Traffic Law stipulates: Roadways and sidewalks are only used for traffic purposes, and illegal use is strictly prohibited (except in some permitted cases such as organizing cultural, sports, parades, festivals, etc.).
In addition, the Law also stipulates that it is not allowed to hold markets, dry rice, paddy, straw, agricultural products or leave other objects on the road; place advertising signs, build, place illegal platforms, etc. on the road. In special cases, the temporary use of a part of the roadway or sidewalk for other purposes must be regulated by the People's Committee of the province or centrally-run city, but must not affect traffic order and safety.
However, in reality, individuals and organizations occupying roads and sidewalks for other purposes still occur. In particular, the situation of setting up wedding and funeral tents encroaching on part of the road is quite common.
According to the Ministry of Transport, the Law on Road Traffic Order and Safety (effective from January 1, 2025) has clear regulations on the use of roads and sidewalks and assigned the Ministry of Transport to submit to the Government detailed regulations on the use of roads and sidewalks for purposes other than road traffic.
Currently, the Ministry of Transport is seeking opinions from ministries and branches on the above content.
In particular, the Ministry of Transport proposed that organizations and individuals are allowed to temporarily use roads and sidewalks to serve the following activities: Political events and cultural and sports activities; performing national defense and security tasks; preventing and overcoming the consequences of natural disasters; rescue; fire prevention and fighting; search and rescue; disease prevention and fighting; serving construction works.
It is worth noting that the draft also proposes that people are allowed to use the roads and sidewalks on district, commune, village roads, specialized roads, and urban roads, but not including main urban streets as prescribed.
Specifically, people are used to gather and collect waste and construction materials; organize funerals; organize weddings; and use to look after and keep vehicles participating in traffic when necessary.
Highways are not allowed to be used for the above purposes, unless there are special requirements for national defense and security.
According to the Ministry of Transport, the draft decree also stipulates that individuals and organizations wishing to use the roadway or sidewalk for other purposes must submit a request for a license from the road management area for the national highways under their management; the Department of Transport for the roads under their management; the People's Committees at the district and commune levels for the roads under their management; and the Department of Construction for urban sidewalks.
The competent authority shall consider and approve within no more than 1 day for funerals and no more than 5 working days for other cases. In case of refusal to grant a license, a written response must be given stating the reasons.
“Licensed individuals and organizations must return the roadway and sidewalk to their original state when they are no longer in use; and compensate for any damage caused to road infrastructure…”, the Ministry of Transport proposed.
Commenting on this proposal, the Hai Phong People's Committee suggested that the drafting agency should clearly stipulate the minimum road width required to be used for other purposes. However, the Ministry of Transport believes that it is not feasible to specify the specific road width. Because each different purpose has different requirements.
“For example, when used for political events such as rallies, the entire roadway and sidewalk must be used, but when used for weddings, only the sidewalk may be used. Therefore, the Decree only regulates cases where it can be used for other purposes in accordance with the law and the responsibility to ensure safety and responsibility in using it for other purposes…”, said the Ministry of Transport.
In addition, a traffic expert also said that in the context of increasingly crowded urban areas, it is necessary for the management agency to propose allowing people to use part of the roadway and sidewalk for funerals and weddings. However, there should be strict regulations and timely supervision to avoid the situation where local authorities are lax, which will affect traffic order and safety.
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