5 Cases in Which Temporary Use of Part of the Sidewalk Without a Permit is Allowed in Ho Chi Minh City Under the Latest Regulations
5 cases of temporary use of part of the sidewalk without a permit in Ho Chi Minh City as of now
Based on Article 7 of the Regulation on the management and temporary use of part of the road and sidewalk in Ho Chi Minh City, issued together with Decision 32/2023/QD-UBND in 2023, the regulation on 5 cases of temporary use of part of the sidewalk without a permit in Ho Chi Minh City is as follows:
(1) Organizing weddings, funerals, and parking points for weddings and funerals:
- Scope of use: According to the guidance of the Commune People's Committee, providing guidance and conditions for organizations and individuals to ensure traffic order and safety when temporarily using the sidewalk to serve weddings and funerals as stipulated.
- Duration of use: Not more than 48 hours. In special cases, not more than 72 hours for funerals.
- Authorized users: Households with registered residence in the locality.
- Other regulations:
Organizations and individuals needing to temporarily use part of the sidewalk for organizing weddings, funerals, and parking points for weddings and funerals must notify the Commune People's Committee where they reside to receive support in resolving the matter.
The Commune People's Committee is responsible for guiding, supervising the implementation, and providing conditions and support to households with measures to ensure traffic order, safety, environmental sanitation, and urban aesthetics.
(2) Business service points, sale of goods:
- Temporary use of the sidewalk for business service points and sale of goods must belong to the list issued by the District People's Committee.
The Ho Chi Minh City People's Committee decentralizes the District People's Committee to issue the list of sidewalk locations eligible for organizing business services and sale of goods.
- Scope of use: A part of the sidewalk adjacent to the place where the organization or individual registers for business services and sale of goods.
- Authorized users: Organizations and individuals with a plan for temporary use of the sidewalk as a business service point and sale of goods following the guidance of the competent state agency.
(3) Points for non-charging two-wheeled vehicle parking services
- Temporary use of the sidewalk for non-charging two-wheeled vehicle parking services must be in the list issued by the District People's Committee.
The Ho Chi Minh City People's Committee decentralizes the District People's Committee to issue the list of sidewalk locations eligible for non-charging two-wheeled vehicle parking services at shops, headquarters, and activities of organizations and individuals.
- Scope of use: A part of the sidewalk adjacent to residential buildings, business households, headquarters where organizations or individuals register for residence, business activities, and sale of goods in the locality.
- Authorized users: Organizations and individuals with registered residence, business activities at the location mentioned in point b, Clause 2 of this Article.
(4) Points for arranging public transportation facilities, installing temporary works, and traffic organization works on sidewalks, median strips, and traffic islands:
The Ho Chi Minh City People's Committee decentralizes the Department of Transport for consideration and approval.
(5) Arrangement of bicycle lanes:
The Ho Chi Minh City People's Committee decentralizes the Department of Transport for consideration and approval.
5 cases of temporary use of part of the sidewalk without a permit in Ho Chi Minh City as of now (Image from the internet)
Documents required for applying for a temporary use permit of part of the sidewalk
According to Clause 1, Article 12 of the Regulation on the management and temporary use of part of the road and sidewalk in Ho Chi Minh City, issued together with Decision 32/2023/QD-UBND, the documents required for applying for a temporary use permit of part of the sidewalk include the following papers:
- Application form for a temporary use permit of part of the sidewalk (according to the form in Appendix I issued together with the Regulation issued together with Decision 32/2023/QD-UBND)
- 01 (one) drawing of the location floor plan requesting the temporary use permit of part of the sidewalk, including the following information: usage location, usage scope, plan to ensure traffic order, and safety (according to the form in Appendix II issued together with the Regulation issued together with Decision 32/2023/QD-UBND).
- For cases using it for activities in Clause 3, Article 8 of the Regulation issued together with Decision 32/2023/QD-UBND, the application must include a construction permit issued by the competent state agency (a certified copy or a copy accompanied by the original for comparison).
- Other accepted legal documents on policy (if any) related to the needs of organizations and individuals requesting the temporary use permit of part of the sidewalk (a certified copy or a copy accompanied by the original for comparison).
Procedure for granting a temporary use permit of part of the sidewalk in Ho Chi Minh City
According to Clause 5, Article 12 of the Regulation on the management and temporary use of part of the road and sidewalk in Ho Chi Minh City, issued together with Decision 32/2023/QD-UBND, the procedure for applying for a temporary use permit of part of the road in Ho Chi Minh City is done as follows:
Step 1: Organizations and individuals submit applications at the agency responsible for managing traffic infrastructure assets as stipulated in Article 12 of the Regulation issued together with Decision 32/2023/QD-UBND.
Step 2: The agency responsible for managing traffic infrastructure assets receives and checks the application:
For direct submission: After checking the components of the application, if the application is nonconformable, they guide organizations and individuals to complete it; if conformable, they receive the application and issue a receipt with a return date.
For indirect submission (via postal system): In case the application is nonconformable, within 2 working days from the date of receipt, they must issue a written guide for organizations and individuals to complete the application. Upon conformable receipt of the application, they should not request additional documentation and only once; they should not require documents already stored in the receiving agency or already shared among agencies and organizations as per regulations.
Step 3: The agency responsible for managing traffic infrastructure assets conducts an appraisal, if the application meets all conditions, they issue a temporary use permit of part of the sidewalk according to the form in Appendix III of the Regulation issued together with Decision 32/2023/QD-UBND. If not approved, a written response clearly stating the reason must be issued.
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