What are the procedures for removing railroad crossings? Who has the authority to decide on removal of railroad crossings in Vietnam?
What are the request for removal of railroad crossings in Vietnam?
Pursuant to the provisions of Article 44 of Circular 29/2023/TT-BGTVT, the request for removal of railroad crossings include the following documents:
- Written request under Appendix IX hereof.
- Original copies or certified true copies or copies and original copies or legitimate electronic copies (when administrative procedures are adopted electronically) of:
+ Commissioning record of structures, work items for overpass, tunnels, or other railroad crossings acting as alternatives for railroad crossings requested for removal; or
+ Alternative traffic arrangement plan.
What are the procedures for removing railroad crossings? Who has the authority to decide on removal of railroad crossings in Vietnam? (Image from the Internet)
What are the procedures for removing railroad crossings in Vietnam?
Pursuant to the provisions of Article 45 of Circular 29/2023/TT-BGTVT stipulating the order and procedures for abolishing horizontal lines, the steps are as follows:
Step 1: Project developers, managers and users of railroad crossings that wish to remove railroad crossings shall submit registration directly or via post service or electronically to competent authority under Article 41 of Circular 29/2023/TT-BGTVT.
- Commissioning record of structures, work items for overpass, tunnels, or other railroad crossings acting as alternatives for railroad crossings requested for removal; or
- Alternative traffic arrangement plan.
In case of direct submission, competent authority under Article 41 of Circular 29/2023/TT-BGTVT shall respond regarding composition of registration documents in the same working day.
In case of submission via post service or electronic medium, if registration documents are inadequate, competent authority under Article 41 of Circular 29/2023/TT-BGTVT shall provide guidelines on completion of registration documents within 2 working days.
Step 2: 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:
- Railway infrastructure enterprises and road authority (if needed) for railroad crossings on national railway;
- Owners of specialized railway and road authority (if needed) for railroad crossings on specialized railway.
Step 3: Within the first 5 working days from the date on which competent authority sends 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.
Document processing time limit: 07 working days from the date on which adequate documents are received.
Decision on removal of railroad crossings shall use form under Appendix X hereof. If this decision is not issued, a written response state the reason shall be required.
In case of submission on electronic medium, project developers, managers and users of railroad crossings that wish to remove railroad crossings shall produce registration documents containing photocopies of documents under Article 44 hereof and follow instructions on https://dichvucong.mt.gov.vn.
Who has the authority to decide on removal of railroad crossings in Vietnam?
Pursuant to the provisions of Article 41 of Circular 29/2023/TT-BGTVT stipulates 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, based on the above regulations, the authority to decide to abolish horizontal lines includes the following:
- The Vietnam Railway Administration decide on removal of railroad crossings on national railway
- The Directorate for Road of Vietnam shall decide on removal of railroad crossings on specialized railway related to national highway
- Agencies decentralized, authorized by People’s Committees of provinces shall 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.
Circular 29/2023/TT-BGTVT takes effect from December 1, 2023.
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