Contents
DECISIONof The Minister on the Protection and Maintenance of Main Roads
Article 2 Obligations of Main Road Users
CHAPTER 2: Principles for Protection and Maintenance of Main Roads
Article 3 Principles for Protection of Main Roads
Article 4 Principles for Maintenance of Main Roads
Article 5 Delegation of Duties and Responsibilities
Article 6 Duties and Responsibilities of Roads Department
Article 9 General Prohibitions
Article 10 Prohibitions on Civil Servants
Article 11 Prohibitions on Contractors
CHAPTER 5: Awards for Good Performance and Measures against Violators
Article 12 Awards for Good Performance
Article 13 Measures against Violators
Article 14 Education and Warning Measures
Article 15 Disciplinary Measures
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
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Ministry of Public Works and Transport | No.17179/MPWT |
Vientiane Capital, 28 December 2009 |
of
The Minister on the Protection and Maintenance of Main Roads
- Pursuant to the Law on Main Roads No. 04/09/NA, dated 3 April 1999;
- Pursuant to the Prime Minister’s Decree No. 188/PM, dated 03 July 2007 on Fines and Measures against Violators of Laws and Regulations on Land Traffic, Land Transport, and Protection of Main Roads;
- Pursuant to the Prime Minister’s Decree No. 373/PM, dated 22 October 2007 on the Organization and Operation of the Ministry of Public Works and Transport;
- Pursuant to the Notice regarding Measures against Violators of Provisions on Approval of Maximum Weight of Transport Trucks along the Roads of the Lao PDR No. 2157/MCTPC, dated 04 July 2000;
- Pursuant to the Provision on Approval of Maximum Weight of Transport Trucks No. 849/MCTPC, dated 05 March 2002;
- Pursuant to the mutual agreement of the committee of the Ministry of Public Works and Transport.
The Minister of Public Works and Transport hereby issues a Decision:
General Provisions
This Decision defines principles, regulations, and measures regarding the protection and maintenance of main roads with the aim of maintaining the road quality so that it is resistant, convenient, safe, normal, lasts for a long time, and reduces state budgetary expenses for unnecessary and unreasonable maintenance or repair.
Article 2 Obligations of Main Road Users
An individual or organization that uses main roads is obliged to contribute to the construction, protection, and maintenance of main roads as well as to maintain security, proper order in traffic, cleanliness, beauty, and environmental protection.
Principles for Protection and Maintenance of Main Roads
Article 3 Principles for Protection of Main Roads
In the management of main roads, protection is considered as a significant priority, and shall be implemented on a strict and regular basis based upon the following main principles:
Article 4 Principles for Maintenance of Main Roads
In the management of main roads, the maintenance or repair of the road is considered as significant work that must be performed on a regular, timely, or urgent basis, which includes the following main principles:
Delegation of Duties and Responsibilities in the Management of
the Protection and Maintenance of Main Roads
Article 5 Delegation of Duties and Responsibilities
The parts of the public works and transport authority to which duties and responsibilities in the protection and maintenance of main roads are delegated consist of:
Article 6 Duties and Responsibilities of Roads Department
In the protection and maintenance of main roads, the Roads Department shall have the following duties and responsibilities:
1. Drafting a long-, medium-, and short-term plan on the protection and maintenance of main roads by coordinating with the Provincial and Capital Divisions of Public Works and Transport in order to propose them to the Minister of Public Works and Transport for approval;
2. Reviewing regulations, technical requirements, standards, and unit prices on the protection and maintenance of main roads in order to propose them to the Minister of Public Works and Transport for approval;
3. Monitoring and controlling contractors to protect and maintain main roads to strictly comply with the principles as set out in Articles 3 and 4 of this Decision;
4. Visiting and encouraging the Division of Public Works and Transport to pay attention to controlling and inspecting contractors to carry out protection of main roads on a regular basis and to repair the road based upon its actual damaged condition, in accordance with technical standards and requirements issued by the Ministry of Public Works and Transport;
6. Reporting to the Minister on the protection and maintenance of main roads countrywide on a regular basis, and on an urgent basis when natural disasters such as road failure, floods, erosion, landslides, fallen trees on the road, and other disasters occur, and reporting on progress on the urgent resolution of the problem and the rehabilitation plan for the damaged road;
Liaising and coordinating with the following local authorities to resolve matters:
- Land management authority: to prevent the land registration or issuance of land use right to a person or an organization that covers a preserved area of the national road, a preserved area for the construction of a road-bridge, a bus station, a train station, a harbor, an airport, or other communication lands stipulated in Articles 30 and 31 of the Land Law (amended) No. 04/NA, dated 21 October 2003;
- Energy and mines authority: to designate the management of road construction materials such as soil, rock, minerals, sand, and other materials in accordance with Article 18 of the Law on Main Roads No. 04/99/NA, dated 03/04/2003 and to designate a place for installing electrical posts and other infrastructure regarding the electrical system in preserved areas of the national road;
- Agriculture and forestry authority: to determine methods for the construction of irrigation systems along or through roads, and near, under, or through preserved areas of the national road;
- Provincial and Capital administrative authorities as well as Divisions of Public Works and Transport: to discuss, review, and create a plan and budget for the protection and maintenance of the national roads and local roads from time to time, to request cooperation in disseminating laws and regulations on main roads, and to convince citizens to join in the protection and maintenance of main roads located in their locality;
7. Reviewing requests for permission from a person or organization to use a preserved area of the national road for various purposes, such as installation of electrical posts, telecommunication posts, advertising displays, digging of land to place water pipes, waste water drainage, transmission lines, telecommunication lines, construction of large irrigation through or near a road or near or within the preserved area of a national road and other main roads, and forward the request to the Minister for consideration;
8. Encouraging the payment of fees into the Road Maintenance Fund and payment for the protection and maintenance costs of main roads in accordance with the expected result of the plan;
9. Liaising with foreign countries and international organizations in order to receive grant aid for the protection and maintenance of main roads as agreed by the Minister;
10. Performing other duties and responsibilities regarding the protection and maintenance of main roads.
Article 7 Duties and Responsibilities of Provincial and Capital Divisions of Public Works and Transport
In the protection and maintenance of main roads, a Division of Public Works and Transport shall have the following duties and responsibilities:
Article 8 Duties and Responsibilities of District and Municipal Offices of Public Works and Transport
In the protection and maintenance of main roads, an Office of Public Works and Transport shall have the following duties and responsibilities:
Prohibitions
Article 9 General Prohibitions
Article 10 Prohibitions on Civil Servants
A state officer or civil servant that has a duty to protect and maintain main roads is prohibited from conducting the following acts:
Article 11 Prohibitions on Contractors
A contractor who is hired to protect and maintain a main road is prohibited from conducting the following acts:
Awards for Good Performance and Measures against Violators
Article 12 Awards for Good Performance
A state officer or civil servant who actively manages, protects, and maintains a road, and a contractor or person who is hired to protect and maintain a road who perform their duties effectively, and a person or organization that contributes to such work, shall be complimented or rewarded by other policies as appropriate.
Article 13 Measures against Violators
A person or an organization that violates any provision of this Decision shall be subject to education measures, warnings, fines, a requirement for civil compensation, or penal sanctions depending on the severity of each case.
Article 14 Education and Warning Measures
A person or an organization that violates this Decision in a minor way, such as building a shop or a hut, installing a small advertising post in a preserved area of a road, or other minor offenses which are not penal offenses shall be subject to education and warning measures, and ordered to dismantle those buildings and installations.
Article 15 Disciplinary Measures
A state officer or civil servant who manages the protection and maintenance of main roads who violates this Decision in a minor way which is not a penal offense and does not cause severe damage to collective benefits, such as not paying attention to reporting their duties on a regular basis, not paying attention to the management of a preserved area of the road which results in a violation by a person or an organization, and causes difficulty in resolving the issue, shall be subject to disciplinary measures in accordance with laws and regulations, such as warning, suspension of promotion, or dismissal in case of more severe offenses.
A person or organization that violates this Decision which causes damage to a road shall be fined in accordance with applicable laws and regulations for the following actions:
- Causing damage or loss to a structure, a component, or a protection feature of a road, such as a road surface, a bridge, an embankment, a traffic sign, a signal system, a lighting system, a road island, a protection aspect of the road or other traffic facilities;
- Transporting goods or items along a road using a truck heavier than that permitted in applicable laws and regulations;
- Driving a caterpillar tractor or a vehicle with steel chains or a heavy machine along a pavement road or concrete road without any appropriate protection;
- Moving heavy or a large quantity of material by using a vehicle to haul it directly on the road surface.
- Fouling the road.
Those not fully complying with a contract agreement for the protection and maintenance of main roads shall be fined in accordance with such agreement.
A person or an organization that violates this Decision which causes damage to the road shall be required to provide civil compensation. The violations include:
- Digging land at each side of a road or a road surface; filling land and blocking water drainage; placing items to block water drainage; digging, excavating, or scooping soil, rock, or other materials in a preserved area of the road which causes damage to the structure of the road or preserved area of road or its components;
- Other acts that cause damage to the road.
A person that violates this Decision in a manner which is a penal offense shall be sanctioned in accordance with the Penal Law. The violation includes:
- A state officer or a civil servant who has the duty to protect and maintain main roads and does not perform their assigned duty or performs the duty without attention; action which causes the protection and maintenance of a road not to meet technical requirements and standards; taking bribes from a contractor in inspecting weight; and accepting an incentive for delaying the completion of work as stipulated in a contract;
- A contractor or a hire that offers bribes to a state officer or civil servant who protects and maintains main roads for the aforementioned purposes;
- A person who willfully destroys, ruins, or damages the structure or a component of the road or preserved area of the road.
Final Provisions
The Roads Department, Provincial and Capital Divisions of Public Works and Transport, and District and Municipal Offices of Public Works and Transport have duties to strictly implement this Decision.
The Roads Department is assigned to issue a necessary additional instruction to ensure effective implementation of this Decision.
This Decision is effective from the date of signature. Any decisions, provisions, or regulations that conflict with this Decision shall be canceled.
Minister of Public Works and Transport
[Signature and seal]
Sommad PHOLSENA