Procedure for Issuance of Construction Permit for Essential Works within the Railway Land Boundary
Procedure for Issuance of Building Permits for Essential Projects within Railway Land Boundaries
According to the regulations in Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022 regarding the procedures for issuing building permits for essential projects within the boundaries of land designated for railways as follows:
Step 1: Submitting the Dossier
Organizations that are project investors intending to construct within the boundaries of land designated for railways must prepare one set of application documents and submit them directly, via postal service, or electronically to the competent authority:
- Vietnam Railway Authority for essential projects within the boundaries of national railway land;- Authorities designated by the Provincial People's Committee for essential projects within the boundaries of urban railway land.
Step 2: Processing Administrative Procedures
- If the dossier is submitted directly, the competent authority is responsible for notifying the results regarding the dossier components on the working day of submission;- If the dossier is submitted via postal service or electronically, and the dossier components are incomplete, within 2 working days, the competent authority must issue a written notice guiding the completion of the dossier;- Within 2 working days from the date of receipt of a complete dossier, the competent authority issuing the building permit must send the dossier to relevant agencies and units for opinions:
+ Railway infrastructure business enterprises for projects within the boundaries of national railway land;+ Urban railway business enterprises and specialized agencies designated by the Provincial People's Committee for projects within urban railway land.
- Upon receiving the request for opinions from the competent authority issuing the building permit, within 5 working days, the consulted agency or organization is responsible for providing a written response. If no response is received within the stipulated time frame, the consulted party is deemed to have approved and will bear responsibility for any issues arising from the lack of response or delay;
- Time for processing the dossier: 10 working days from the date of receipt of a complete dossier. If a decision is not made, a written response stating the reasons must be provided.
- For procedures executed electronically, the project investor intending to construct an essential project within railway land should prepare an application dossier including files containing electronic copies of the original documents and submit them via the website: https://dichvucong.mt.gov.vn.
Procedure for Issuance of Building Permits for Essential Projects within Railway Land Boundaries (Image from the Internet)
Components of the Dossier for Issuance of Building Permits for Essential Projects within Railway Land
According to the regulations in Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022, the components of the dossier for issuing building permits for essential projects within railway land include:
- Application for a building permit- Original or certified copy or copy with the original for comparison, or legally valid electronic copy (for electronic administrative procedures) of the following documents:
+ Project approval decision or document assigning the construction mission to the project investor;+ Technical design or construction drawing design approval decision; current state photographs (for renovation or upgrading projects);+ Approved technical design dossier or construction drawing design;+ Legal document from the competent state management authority confirming that the project cannot be located outside the railway land boundaries: Planning document approved by the competent authority or agreement of the district-level People's Committee or higher involving the construction within railway land boundaries;+ Overall project timeline approved by the competent authority;+ Construction organization plan and measures to ensure traffic safety and construction safety during the execution.
Which Authority is Empowered to Issue Building Permits for Essential Projects within Railway Land?
According to the provisions in Subsection 4.6, Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022 it is stipulated as follows:
Authority for Administrative Procedures:
- Competent authority: Vietnam Railway Authority, agency designated by the Provincial People's Committee;- Agency or person authorized or designated: None;- Direct implementing agency: Vietnam Railway Authority, agency designated by the Provincial People's Committee;- Coordinating agency: Railway infrastructure business enterprises, urban railway business enterprises, and specialized agencies designated by the Provincial People's Committee
The competent authority for issuing building permits for essential projects within railway land is the Vietnam Railway Authority, and the agency designated by the Provincial People's Committee.
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