Dossier for Requesting Construction Permit for Essential Projects within Railway Land: Where to Submit?
Where to Submit Essential Construction Permit Application Documents within Railway Land Scope?
Pursuant to the provisions of Article 50 of Circular 29/2023/TT-BGTVT, the regulations are as follows:
Procedure for granting permits for essential construction within the railway land scope
1. The project investor who needs to construct within the railway land scope shall prepare a dossier of application, submit it directly or send it by post or electronically to the competent authority as stipulated in Article 48 of this Circular.
2. In case of direct submission, the competent authority stipulated in Article 48 of this Circular is responsible for returning the results on the same working day regarding the composition of the application for the permit.
3. In case of submission by post or electronically, if the dossier components are not complete as required, within 2 working days, the competent authority stipulated in Article 48 of this Circular shall notify in writing for dossier completion guidance.
4. Within 2 working days from the date of receiving the complete dossier as required, the competent authority granting the construction permit shall send the dossier to relevant agencies for opinions:
a) Railway infrastructure business enterprises when constructing within national railway land;
b) Urban railway business enterprises and specialized agencies according to provincial people's committee decentralization when constructing within urban railway land.
5. Within 5 working days from the time the competent authority requests opinions, the consulted agencies or organizations are responsible for replying in writing. If no written response is given within this deadline, it is considered an approval and they must be responsible for any consequences of non-response or delayed response.
6. The time for dossier processing is 10 working days from the date of receiving the complete dossier.
7. The construction permit follows the form specified in Appendix XIV of this Circular. In case of non-issuance, a written response stating the reasons must be given.
8. In case of electronic submission, the project investor who needs to construct within the railway land scope shall prepare the application dossier including a file containing scanned copies of the original documents, and submit them via the website: https://dichvucong.mt.gov.vn.
9. The owner of specialized railway shall decide the procedure for granting essential construction permits within the specialized railway land.
Therefore, according to the above regulations, the project investor who needs to construct within railway land scope can submit the application dossier directly, by post, or electronically to the competent authorities including:
- Vietnam Railway Authority grants, extends, revokes, and cancels essential construction permits within the national railway land scope.
- Agencies delegated or authorized by the provincial people's committee to grant, extend, revoke, and cancel essential construction permits within urban railway land scope.
Where to Submit Essential Construction Permit Application Documents within Railway Land Scope? (Image from the Internet)
What Documents are Included in the Essential Construction Permit Application within Railway Land Scope?
Pursuant to the provisions of Article 49 of Circular 29/2023/TT-BGTVT, the components of the application dossier for essential construction permits within railway land scope include:
- Application form for construction permit according to the form in Appendix XIII of Circular 29/2023/TT-BGTVT.
- The original or certified copy or copy with the original for comparison or legally recognized electronic copy (when conducting administrative procedures online) of the following documents:
+ Project approval decision or document assigning the project investor;
+ Technical design or construction drawing design approval decision; current condition photos (for renovation or upgrade projects);
+ Technical design or construction drawing design dossier approved;
+ Legal document from the competent state administration confirming that the project cannot be positioned outside the railway land scope: Planning approval decision or agreement from the relevant district-level people's committee or higher;
+ Comprehensive project schedule approved by the competent authority;
+ Construction organization plan and safety measures for traffic and construction during execution.
Who is Authorized to Extend Essential Construction Permits within Railway Land Scope?
Pursuant to the provisions of Article 48 of Circular 29/2023/TT-BGTVT, the regulations are as follows:
Authority for granting, extending, revoking, and canceling essential construction permits within railway land scope
1. Vietnam Railway Authority grants, extends, revokes, and cancels essential construction permits within the national railway land scope.
2. Agencies delegated or authorized by the provincial people's committee grant, extend, revoke, and cancel essential construction permits within urban railway land scope.
Therefore, according to the above regulations, the authorities authorized to extend essential construction permits within the railway land scope include:
- Vietnam Railway Authority extends essential construction permits within the national railway land scope.
- Agencies delegated or authorized by the provincial people's committee extend essential construction permits within urban railway land scope.
Circular 29/2023/TT-BGTVT takes effect from December 1, 2023.
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