From December 01, 2023, how is the procedure for granting construction permits for essential projects within the land reserved for railways regulated?
What is the process for issuing construction permits for essential projects within railway land from December 1, 2023?
Article 50 of Circular 29/2023/TT-BGTVT stipulates the procedures for issuing construction permits for essential projects within railway land:
Step 1: The project investor who needs to construct within the railway land shall submit 01 set of application dossiers directly, via postal service, or electronically to the competent authority specified in Article 48 of Circular 29/2023/TT-BGTVT.
- In case of direct submission, the competent authority specified in Article 48 of this Circular is responsible for returning the result within the working day regarding the constituent parts of the application for construction permits.
- In case of submission via postal service or electronically, if the application is incomplete, within 02 working days, the competent authority specified in Article 48 of this Circular shall provide written instructions for completing the dossier.
Step 2: Within 02 working days from the receipt of a complete application, the competent authority shall send the dossier to relevant agencies and units for opinions:
+ Railway infrastructure business enterprises for projects within the scope of national railway land;+ Urban railway business enterprises and specialized agencies as per the provincial People’s Committee's allocation for urban railway land projects.
Step 3: Within 05 working days from when the competent authority requests opinions, the consulted agencies or organizations must provide written feedback. If no written response is received within this period, it is considered as approval, and they are held responsible for any delays or non-response.
- Processing time for the application is 10 working days from the receipt of a complete application.- The construction permit follows the template specified in Appendix XIV of Circular 29/2023/TT-BGTVT. In case of non-issuance, a written explanation is required, clearly stating the reasons.- For electronic submissions, the project investor must submit a dossier containing scanned copies of the originals as specified in Article 49 of Circular 29/2023/TT-BGTVT via the website: https://dichvucong.mt.gov.vn.- The owner of specialized railway lines determines the process for issuing construction permits within specialized railway land areas.
What is the process for issuing construction permits for essential projects within railway land from December 1, 2023? (Image from the Internet)
What documents are required for applying for a construction permit for essential projects within railway land from December 1, 2023?
Article 49 of Circular 29/2023/TT-BGTVT stipulates the documents required for applying for a construction permit for essential projects within railway land as follows:
- Application form for a construction permit following the template in Appendix XIII issued with Circular 29/2023/TT-BGTVT.
- The original or authenticated copy, or a copy accompanied by the original for comparison, or legally valid electronic copy (for electronic administrative procedures) of the following documents:
+ Project approval decision or document assigning the investor.+ Approval decision of technical design or construction drawing design; photographs of current status (for renovation or upgrade projects).+ Approved technical design documentation or construction drawing design.+ Legal document from the competent state management authority identifying that the project cannot be located outside the railway land: Approval decision of the plan or an agreement from the district-level People’s Committee related to the construction within railway land.+ Overall project schedule approved by a competent authority.+ Construction organization plan and measures ensuring traffic and construction safety during the construction process.
Which authority has the power to issue construction permits for essential projects within railway land from December 1, 2023?
Based on Article 48 of Circular 29/2023/TT-BGTVT, the authority to issue construction permits for essential projects within railway land from December 1, 2023, is as follows:
- Vietnam Railway Administration issues, extends, revokes, and cancels construction permits for essential projects within national railway land.- The agency according to the provincial People’s Committee’s decentralization and authorization undertakes the issuance, extension, revocation, and cancellation of construction permits for essential projects within urban railway land.
Circular 29/2023/TT-BGTVT will come into effect on December 1, 2023.
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