HOW TO USE PAVEMENTS FOR BUSINESS PURPOSES WITHOUT BREAKING THE LAW?

Recently, the use of pavements and roadbeds has become a habit, becoming the main source of income for many households and individuals. Therefore, in today’s topic, let’s find out how to legally use pavements in Da Nang city.

 The law provisions on the use of streets and other activities on the streets.

Pursuant to Article 36 of the Law on Road Traffic in 2008, which provides for the use of street and other activities on the streets: 

“Article 36. Use of streets and other activities on streets

1. Roadbeds and pavements are used only for traffic purposes;
2. Other activities on streets must comply with Clause 1, Article 35 of this Law; in special cases, temporary use of parts of roadbeds and pavements for other purposes is subject to regulations of provincial-level People’s Committees, but must not affect traffic order and safety.”

Thus, first of all, the act of doing business on the roadbeds and pavements is prohibited by the law. The business on the roadbeds and pavements is only permitted if falling into the cases prescribed in Clause 2 Article 36 as mentioned above.  

Accordingly, the law provisions on the management and temporary use of pavements for purposes other than traffic on roads in Da Nang city are prescribed as follows:

At Clause 1 Article 4 of Decision No. 55/2014/QD-UBND dated December 31^st 2014 of the People’s Committee of Da Nang city (“Decision No. 55/2014/QD-UBND), which is amended and supplemented by Clause 3 Article 1 of Decision No.24/2018.QD-UBND of the People’s Committee of Da Nang city dated May 2^nd 2019 (“Decision No.24/2019/QD-UBND”) is as follows:

 “1. Permit temporary use of pavements for purposes other than traffic: means to allow temporary use of part of pavements for weddings and funerals; for trading business (except for trading in construction materials, scrap, gasoline, oil, gas, construction machinery, and equipment); individuals conducting commercial activities independently and regularly without having to register for business (hereinafter referred to as commercial individuals); parking for motorbikes, mopeds, and bicycles; gathering construction materials (including in combination with the installation of fences), gathering machinery and equipment in service of construction works; installation of public service works; installation bus stops according to approved bus routes; organizing cultural and social activities, propagating the guidelines and policies of the Party and the laws of the State.”

Therefore, in the concept of the temporary use of pavements for purposes other than traffic, there are some cases where it is allowed to temporarily use part of the pavements for weddings and funerals; for trading business; parking for motorbikes, mopeds, and bicycles; gathering construction materials (including in combination with the installation of fences), gathering machinery, and equipment in service of construction works; installation of public service works; installation bus stops according to approved bus routes; organizing cultural and social activities, propagating the guidelines and policies of the Party and the laws of the State. Except for trading in construction materials, scrap, gasoline, oil, gas, construction machinery and equipment; individuals conduct commercial activities independently and regularly without having to register for business (hereinafter referred to as commercial individuals).

1.1. Scope of temporary use of pavements

Pursuant to Article 5 of Decision No.55/2014/QD-UBND, which provides for the scope of temporary use of pavements:

Article 5. Scope of temporary use of pavements

1. Regulations on the scope of temporary use of pavements by width:

1. Pavements with a width of less than 3,00 meters: Temporary use for purposes other than traffic is not allowed, except for the cases specified in Clause 1 and 2, Article 6 of this Regulation, but must ensure the way for pedestrians at least 1,50 meters;
2. Pavements with a width from 3,00 meters to less than 4,00 meters: the minimum pedestrian path is 1,50 meters; the rest allows temporary use for purposes other than traffic;
3. Pavements with a width from 6,00 meters to less than 9,00 meters: the minimum pedestrian path is 3,00 meters; the rest allows temporary use for purposes other than traffic.
4. Pavements with a width of 9,00 meters or more: temporary use for purposes other than traffic is allowed to, but must ensure:

• The width of the remaining pavements (not temporarily used for purposes other than traffic) is at least 5,00 meters wide.
• The minimum pedestrian path is 3,00 meters.

2. Depending on the specific conditions of each route, the licensing authority is entitled to demarcate the portion of pavements used for pedestrians under the provisions of Clause 1, Article 5 to ensure clear pavements, urban beauty.

1.2. Cases of temporary use of pavements for purposes other than traffic:

Pursuant to Article 6 of Decision No.55/2014/UBND, which is amended and supplemented by Clause 5 Article 1 of Decision No.24/2019/QD-UBND on the cases of temporary use of pavements for purposes other than traffic:

“1. For the case of temporary use of pavements for motorbikes, mopeds, and bicycles, vehicles must be arranged in rows, along the length of the pavements, and in a certain order.

“2. For the case of temporary use of pavements to gather construction materials, depending on specific conditions, the licensing authority shall consider and settle on the principle of ensuring pedestrian access according to specified in Clause 1, Article 5 of this Regulation and must be carefully covered, ensuring that no spillage is allowed on the roadbed and urban drainage system, ensuring environmental sanitation and urban beauty.

3. For the case of temporary use of pavements is to install public works, organize cultural activities, propagate guidelines and policies of the Party and the State’s laws, gather machines machinery and equipment to serve the construction, install bus stations along approved bus routes, depending on specific conditions, the licensing authority shall consider and settle based on principles of ensuring pedestrian access as prescribed in Clause 1, Article 5 of this Regulation, ensuring traffic safety and urban beauty.”

4. For the case of temporary use of pavements for weddings and funerals: Households and individuals must notify the People’s Committees of wards and communes where the wedding or funeral is held; must take measures to ensure traffic safety and arrange pedestrian walkways with a minimum width of 1.5m; temporary use of pavements is not more than 48 hours, in special cases, not more than 72 hours.”

1.3. Prohibited cases of temporary use of pavements for purposes other than traffic.

Pursuant to Article 7 of Decision No.55/2014/QD-UBND, which is amended and supplemented by Clause 6 Article 1 of Decision No.24/2019/QD-UBND on the prohibited cases of temporary use of pavements for purposes other than traffic:

“1. Roads that are temporarily banned from using pavements for business, trade, and commercial individuals are specified in Appendix I to this Regulation.

2. Roads that are temporarily banned from using pavements for commercial individuals are specified in Appendix II to this Regulation.

In cases in which the use of pavements for other purposes according to the city’s policy on some roads that have been planned by the City not allowed to temporarily used for business, commerce, and commercial individuals, the competent authority must submit it to the People’s Committee of the city for consideration and decision.

It is strictly forbidden to conduct business activities at any time on the pavements in front of schools, offices, hospitals, churches, communal houses, pagodas, temples, shrines, public parks, and areas belonging to ranked historical and cultural relics and scenic spots.”

Thus, the above are cases in which the temporary use of pavements for purposes other than traffic is prohibited. Accordingly, pursuant to the List of prohibited routes for the use of pavements for business, and commercial individuals (attached to the Decision No.24/2019/QD-UBND dated May 2^nd, 2019 of the Commission People’s Committee of Da Nang city), Lac Long Quan street, Lien Chieu District, Da Nang city is not a road that is temporarily banned from using pavements for business and trade.

Note: It is strictly forbidden to conduct business activities at any time on the pavements in front of schools, offices, hospitals, churches, communal houses, pagodas, temples, shrines, public parks, and areas belonging to ranked historical and cultural relics and scenics spots.

1.4. Competence to grant permits for temporary use of pavements for purposes other than traffic

Pursuant to Clause 3 Article 8 of Decision No.55/2014/QD-UBND of the People’s Committee of Da Nang City:

“3. People’s Committees of districts shall grant permits to organizations and individuals to temporarily use pavements for purposes other than traffic to carry out business, trade activities; commercial individuals; parking motorbikes, mopeds, and bicycles; gathering construction materials on roads allowing temporary use of pavements is decentralized to the Department of Transport for management.”

1.5. Dossier of application for a permit to temporarily use pavements purposes other than traffic and settlement period

Pursuant to Clause 1 and Clause 2 Article 9 of Decision No.55/2014/QD-UBND of the People’s Committee of Da Nang City stipulating the application file for a license as follows:

“1. Dossier of application for a permit to temporarily use pavements for purposes other than traffic in case of temporary use of pavements for business and trade activities:

1. An application form for temporary use of pavements for purposes other than traffic (according to the form prescribed by the licensing authority) or an official letter of the organization or individual with full information as the Application;
2. A photocopy of the business registration certificate issued by a competent state agency (or the certification of the People’s Committee of the ward or commune where small businesses reside);
3. Location map (fully showing the size and current status of the area)
4. A written commitment to ensure environmental sanitation and urban beauty

2. Dossier of application for a permit to temporarily use pavements for purposes other than traffic in case of temporary use of pavements for commercial individuals:

1. An application form for temporary use of pavements for purposes other than traffic (according to the form prescribed by the licensing authority) or an official letter of the organization or individual with sufficient information as the Application. The application or official letter must be certified by the People’s Committee of the ward or commune where he/she resides;
2. A written commitment to ensure environmental sanitation and urban beauty;
3. Location map (showing the full size and current status of the area for the case of fixed-site use).

This is all the information that we want to share with you, FDVN hopes this topic will be useful to you.

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