RESOLUTION No. 38/2004/QH11 OF DECEMBER 3, 2004 ON THE INVESTMENT IN CONSTRUCTION OF HO CHI MINH ROAD

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the X^th National Assembly’s 10^th session;

Pursuant to Resolution No. 05/1997/QH10 of the X^th National Assembly’s 2^nd session on standards of national important works to be submitted to the National Assembly for consideration and decision on investment therein;

On the basis of considering the Government’s Report No. 1581/CP-CN of October 22, 2004 on the overall project on Ho Chi Minh road; the Appraisal Report No. 757/UBKHCNMT11 of November 2, 2004 of the National Assembly’s Science, Technology and Environment Committee and opinions of National Assembly deputies,

RESOLVES:

Article 1.- To invest in the construction of Ho Chi Minh road with the following basic specifications:

1. The total length of the route: 3,167 km (of which the length of the main route is 2,667 km and the western branch, 500 km).

2. The starting point of the route: Pac Bo, Cao Bang province;

The ending point of the route: Dat Mui, Ca Mau province;

3. Route direction: Running through a number of main control points according to Appendix 1 enclosed herewith.

4. Scope and technical standards: The cross-sectional surface shall be planned for each section with a scope of between 2 and 8 motor lanes, according to Appendix 2 enclosed herewith. The roadbed and around 2/3 of the route shall be planned and designed according to standards applicable to expressways.

5. On investment capital and investment periods:

- By 2010: To invest in the construction of road running from Pac Bo to Dat Mui with 2 lanes. To assign the Government to appraise and approve the total investment capital estimate.

- From 2010 to 2020: To upgrade Ho Chi Minh road up to expressway standards; for sections which cannot be upgraded to be up to expressway standards, to expand the cross-sectional surfaces thereof in conformity with the planning on development of road traffic network. The total investment capital estimate for this period shall be submitted by the Government to the National Assembly for consideration and decision before implementation.

Article 2.- To assign the Government to deploy the work construction with the following major requirements:

1. To select specific route direction, ensuring that the route is fairly straight along the North-South direction and avoiding high slope and curve; to minimize its running through villages and populated areas; to minimize adverse impacts on the environment, landscape, cultural and historical relics, national parks, nature conservation zones, power and irrigation works as well as other important works and projects; to ensure sustainable socio-economic development, defense and security in areas where the road runs through; and at the same time, to link urban centers, population quarters, industrial parks and key economic regions.

2. To draw up plannings on the utmost expansion and upgrading of sections of Ho Chi Minh road into expressways after 2010 in accordance with development demands and transport flow; to clearly determine traffic safety corridor limits of the whole route and on that basis to strictly manage and plan the socio-economic development, production restructuring and population relocation, ensuring that the to be allocated people, after having settled down, shall have a life better than or at least equal to the life in their former residence places; to restore revolutionary and historical relics in areas where the road runs through; to prevent and handle in a strict and timely manner acts of illegally encroaching upon the traffic safety corridors of the road.

3. When determining investment period and scope for each road section, it is necessary to concretely consider development requirements, capital supply capability and compatibility with the planning on development of the national road traffic network; to prioritize investment in sections in urgent communications and transport needs so as to promote economic potentials and prevent and combat natural disasters; to make the rational use of the existing road sections so as to raise investment efficiency and save investment capital.

4. To ensure set construction tempo and requirements on the quality, efficiency and durability of the work; to closely direct the implementation of the project in strict accordance with the law provisions on investment and construction as well as relevant legal documents; to clearly define responsibilities of organizations and individuals participating in the construction, not to let loss, wastefulness, negative phenomena and/or corruption occur in all processes of construction investment management.

5. To synchronously combine the construction of Ho Chi Minh road with the construction of cross-roads and feeding roads in service of daily-life activities so as to ensure traffic safety, formulate smooth road traffic networks aiming to promote socio-economic efficiency of Ho Chi Minh road in service of the national industrialization and modernization.

Article 3.- Annually, the Government shall report to the National Assembly on the implementation of the work. The National Assembly’s agencies, deputies’ delegations and deputies and the People’s Councils of localities where Ho Chi Minh road runs through shall, within the scope of their functions, tasks and powers, supervise the implementation of this Resolution.

This Resolution was adopted on December 3, 2004 by the XI^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.

Chairman of the National Assembly
NGUYEN VAN AN

Appendix 1

(To Resolution No. 38/2004/QH11)

MAJOR CONTROL POINTS ON HO CHI MINH ROUTE

- The main route (2,667 km long) runs through Pac Bo, Cao Bang provincial capital, Bac Kan provincial capital, Cho Moi, Cho Chu, Muong pass, Trung Son T-junction, Phu Thinh T-junction, Binh Ca bridge (Lo river), Km 124+500 on National Highway 2, Phu Ho T-junction, Phu Tho provincial capital, Ngoc Thap bridge (Red river), Co Tiet, Trung Ha bridge, Son Tay provincial town, Hoa Lac, Xuan Mai, Cho Ben, Xom Kho, Ngoc Lac, Lam La, Tan Ky, Khe Co, Tan Ap, Khe Gat, Bung, Cam Lo, Tuan bridge, Khe Tre, De Bay pass, Mui Trau pass, Tuy Loan, Hoa Khuong, Thanh My, Lo Xo pass, Ngoc Hoi, Kon Tum, Pleiku, Buon Ma Thuot, Gia Nghia, Chon Thanh, Binh Phuoc crossroad, Tan Thanh, My An, Cao Lanh provincial town, Cao Lanh bridge (Tien river), Vam Cong brige (Hau river), Rach Soi, Minh Luong, Go Quao, Vinh Thuan, Ca Mau city, Dam Cung bridge, Nam Can and Dat Mui.

- The western branch (500 km long) runs through Khe Giat, U Bo pass, Tang Ky, Khi bridge, Sen But, Khe Sanh, Dak Rong, Pe Ke pass, A Luoi, A Dot, A Tep, Hien and Thanh My.

Appendix 2

(To Resolution No. 38/2004/QH11)

THE SIZE OF CROSS-SECTIONAL SURFACE OF THE WHOLE ROUTE AND TECHNICAL STANDARDS UNDER PLANNING

Notes: For sections running through towns or townships, the cross-sectional surfaces shall be improved to the higher grade or expanded according to planning.-