What are 05 structures eligible for license to build railroad crossings in Vietnam from December 1, 2023? What are the cases where structures are exempt from construction license requirement?
- What are 05 structures eligible for license to build railroad crossings in Vietnam from December 1, 2023?
- Vietnma: What are the cases where structures are exempt from construction license requirement?
- Which agency has the entitlement to issuing and cancelling license to build, renovate, upgrade railroad crossings in Vietnam?
What are 05 structures eligible for license to build railroad crossings in Vietnam from December 1, 2023?
In Clause 1, Article 39, Circular 29/2023/TT-BGTVT has the following provisions:
Structures eligible for license
1. Structures under Point b Clause 2 Article 12 of the Law on Railway and regulations on management, protection of railway infrastructures, including:
a) Structures serving national defense and security;
b) Traffic structures: bridges, overpasses, tunnels;
c) Irrigation structures: sewers, embankments; water transport and distribution system;
d) Energy structures: electric poles, power lines;
dd) Technical infrastructures: water supply and drainage pipes, telecommunication pipes, gasoline pipes, oil pipes, gas pipes, energy pipes, chemical pipes.
Accordingly, 05 projects are eligible for license including:
(1) Structures serving national defense and security;
(2) Traffic structures: bridges, overpasses, tunnels;
(3) Irrigation structures: sewers, embankments; water transport and distribution system;
(4) Energy structures: electric poles, power lines;
(5) Technical infrastructures: water supply and drainage pipes, telecommunication pipes, gasoline pipes, oil pipes, gas pipes, energy pipes, chemical pipes.
What are 05 structures eligible for license to build railroad crossings in Vietnam from December 1, 2023? What are the cases where structures are exempt from construction license requirement? (Image from the Internet)
Vietnma: What are the cases where structures are exempt from construction license requirement?
In Article 40 of Circular 29/2023/TT-BGTVT, there are regulations on rules for issuing, renewing construction license as follows:
Rules for issuing, renewing construction license
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4. With respect to location and scale of structures, construction plans, structure safety measures, railway traffic safety measures of structures built on land for railroad to which construction license is issued by competent authority, railway infrastructure enterprises shall negotiate and decide in accordance with this Circular.
5. Structures to which construction license is issued shall promptly be relocated at request of competent authority.
6. Construction license shall only be renewed if it has not expired.
7. Structures exempt from construction license requirement:
a) Structures serving renovation, upgrade, and repair of railroad crossings, railway structures on national railway where execution plan is approved by competent authority;
b) Structures serving repair of railroad crossings where design plan does not alter railroad crossing class, safety devices of railroad crossings, and width of road surface in railroad crossings.
Thus, works that are exempt from crossroad construction permits include:
- Projects to renovate, upgrade and repair level crossings and railway works on the national railway have had their implementation plans approved by the Ministry of Transport;
- Crossroad repair work has a design plan that does not change the level of the crosswalk, does not change the form of protection organization of the crosswalk and does not change the width of the road surface at the crossroad.
Which agency has the entitlement to issuing and cancelling license to build, renovate, upgrade railroad crossings in Vietnam?
In Article 41 of Circular 29/2023/TT-BGTVT, there are regulations on the entitlement to issuing, renewing, revoking, cancelling license to build, renovate, upgrade railroad crossings; deciding removal of railroad crossings as follows:
Entitlement to issuing, renewing, revoking, cancelling license to build, renovate, upgrade railroad crossings; deciding removal of railroad crossings
1. The Vietnam Railway Administration shall:
a) issue, renew, revoke, cancel license to build, renovate, upgrade railroad crossings on national railway;
b) decide on removal of railroad crossings on national railway.
2. The Directorate for Road of Vietnam shall:
a) issue, renew, revoke, cancel license to build, renovate, upgrade railroad crossings on specialized railway related to national highway;
d) decide on removal of railroad crossings on specialized railway related to national highway.
3. Agencies decentralized, authorized by People’s Committees of provinces shall:
a) issue, renew, revoke, cancel license to build, renovate, upgrade railroad crossings on specialized railway related to provincial roads, district roads, commune roads, local roads, and specialized road under their management;
b) decide on removal of railroad crossings on specialized railway related to provincial roads, district roads, commune roads, local roads, and specialized roads under their management.
Thus, the competent authority to grant and cancel permits to construct, renovate and upgrade crossroads includes:
- Vietnam Railway Administration: issue, cancel license to build, renovate, upgrade railroad crossings on national railway;
- Directorate for Road of Vietnam: issue, cancel license to build, renovate, upgrade railroad crossings on specialized railway related to national highway;
- Agencies decentralized, authorized by People’s Committees of provinces: issue, cancel license to build, renovate, upgrade railroad crossings on specialized railway related to provincial roads, district roads, commune roads, local roads, and specialized road under their management;
Circular 29/2023/TT-BGTVT takes effect from December 1, 2023
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