When is the time for cancellation of license to build, renovate, upgrade railroad crossings on land for railway in Vietnam from December 1, 2023?
- When is the time for cancellation of license to build, renovate, upgrade railroad crossings on land for railway in Vietnam from December 1, 2023?
- Where to submit an application for issuing license to build essential structures on land for railway in Vietnam?
- Which projects are eligible for license to build railroad crossings in Vietnam?
When is the time for cancellation of license to build, renovate, upgrade railroad crossings on land for railway in Vietnam from December 1, 2023?
Article 53 of Circular 29/2023/TT-BGTVT regulates the revocation and cancellation of license to build, renovate, upgrade railroad crossings and license to build on land for railway.
- Cases where license to build, renovate, upgrade railroad crossings; license to build on land for railway (hereinafter collectively referred to as “license”) are revoked:
+ The license is not issued in a law-compliant manner;
+ Project developers fail to organize construction or execute construction in a manner compliant with their license. Project developers then fail to rectify the violations according to request of competent authority in a period equivalent to 1/3 of construction schedule in the license from the date on which competent authority discovers the violations;
+ Project developers violate regulations on management, protection of railway traffic infrastructure, railway traffic safety, and environmental protection at construction sites;
+ Project developers fail to initiate construction process within 12 months from the date on which they obtain license.
- After 10 working days from the date on which decision on license revocation is issued, competent authority under Article 41 and Article 48 hereof shall promulgate decision declaring cancellation of the license while notifying agencies, entities related to license compliance.
Thus, after 10 working days from the date on which decision on license revocation is issued, competent authority shall promulgate decision declaring cancellation of the license while notifying agencies, entities related to license compliance.
When is the time for cancellation of license to build, renovate, upgrade railroad crossings on land for railway in Vietnam from December 1, 2023? (Image from the Internet)
Where to submit an application for issuing license to build essential structures on land for railway in Vietnam?
Pursuant to the provisions of Article 50 of Circular 29/2023/TT-BGTVT stipulates as follows:
Procedures for issuing license to build essential structures on land for railway
1. Project developers that wish to build on land for railway shall produce written request and submit directly or via post service or electronically to competent authority under Article 48 hereof.
2. In case of direct submission, competent authority under Article 48 hereof shall respond regarding composition of registration documents in the same working day.
3. In case of submission via post service or electronic medium, if registration documents are inadequate, competent authority under Article 48 hereof shall provide guidelines on completion of registration documents within 2 working days.
4. Within 2 working days from the date on which adequate registration documents are received, competent authority shall send the registration documents to relevant entities to consult:
a) Railway infrastructure enterprises when building on land for national railway;
b) Enterprises providing urban railway services and specialized authority according to decentralization of People’s Committees of provinces when building on land for urban railway.
5. Within 5 working days from the date on which competent authority send request for remarks, requested agencies and organizations shall respond in writing. If requested agencies and organizations fail to respond within the time limit mentioned above, they shall be considered to approve registration documents and shall be held liable for failure to respond in a timely manner.
6. Document processing time limit: 10 working days from the date on which adequate documents are received.
7. License to build shall use form under Appendix XIV hereof. If this decision is not issued, a written response state the reason shall be required.
8. In case of submission on electronic medium, project developers that wish to build essential structures on land for railway shall produce registration documents containing photocopies of documents under Article 49 hereof and follow instructions on https://dichvucong.mt.gov.vn.
9. Owners of specialized railroad shall decide on procedures for issuing license to build on land for specialized railroad.
Thus, based on the above regulations, project developers that wish to build on land for railway shall produce written request and submit directly or via post service or electronically to competent authority as follows:
- The Vietnam Railway Administration shall issue, renew, revoke, and cancel license to build essential structures on land for national railway.
- Agencies decentralized, authorized by People’s Committees of provinces shall issue, renew, revoke, and cancel license to build essential structures on land for urban railway.
Which projects are eligible for license to build railroad crossings in Vietnam?
Pursuant to the provisions of Article 39 of Circular 29/2023/TT-BGTVT, Structures under Point b Clause 2 Article 12 of the Law on Railway and regulations on management, protection of railway infrastructures are eligible for license, including:
- Structures serving national defense and security;
- Traffic structures: bridges, overpasses, tunnels;
- Irrigation structures: sewers, embankments; water transport and distribution system;
- Energy structures: electric poles, power lines;
- Technical infrastructures: water supply and drainage pipes, telecommunication pipes, gasoline pipes, oil pipes, gas pipes, energy pipes, chemical pipes.
Circular 29/2023/TT-BGTVT comes into force from December 1, 2023
LawNet
