What documents are included in application for permit to construct, renovate, and upgrade crossroads from December 1, 2023 in Vietnam?

Is there a Circular regulating level crossings and licensing for construction of essential works within land reserved for railways, applicable from December 1, 2023 in Vietnam?

On September 29, 2023, the Minister of Transport issued Circular 29/2023/TT-BGTVT regulating crossings and granting permits to build essential works within land reserved for railways.

According to Circular 29/2023/TT-BGTVT regulates:

- Horizontal line; traffic in crossroad areas;

- Issuance and extension of permits for construction, renovation, upgrading and abolition of level crossings on national railways and specialized railways;

- Issuance and extension of permits for construction of essential works within land reserved for railways.

Note: Circular 29/2023/TT-BGTVT regulating crossroads does not include: railways and roads on common bridges; where railways intersect with specialized roads serving the operations of stations, ports, cargo yards, factories, enterprises, and industrial zones.

Subjects applying Circular 29/2023/TT-BGTVT include organizations and individuals related to:

- Construction, renovation, upgrading, abolition, management, use and maintenance of crossroads.

- Traffic activities in the crossroad area.

- Construction of essential works within land reserved for railways.

What documents are included in application for permit to construct, renovate, and upgrade crossroads from December 1, 2023 in Vietnam? (Image from the Internet)

Can an expired crossroad construction permit be renewed in Vietnam?

In Clause 6, Article 40 of Circular 29/2023/TT-BGTVT, there are regulations on principles for granting and extending construction permits as follows:

Principles for granting and renewing construction permits

...

3. Construction time of works licensed for construction must be consistent with the overall progress of the project approved by competent authorities.

4. Location, scale of construction, construction organization plan, measures to ensure construction safety, railway traffic safety for construction works within land reserved for railways that have been approved Agencies competent to grant construction permits and railway infrastructure businesses shall agree and agree according to the provisions of this Circular.

5. Construction projects granted construction permits must be promptly moved when requested by competent authorities according to the provisions of law.

6. Construction permits can only be renewed for as long as the permit is valid.

7. Projects exempt from construction permits:

a) 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;

b) The crossroad repair work has a design plan that does not change the level of the crossroads, does not change the form of protection organization of the crossroads and does not change the width of the road surface at the crossroads.

Thus, if the crossroad construction permit expires, it will not be renewed. Crossroad construction permits can only be renewed for as long as the permit is valid.

What is application form for issuance of permit to construct, renovate and upgrade crossroads from December 1, 2023 in Vietnam?

In Appendix 7 issued with Circular 29/2023/TT-BGTVT, there is a regulation on the application form for granting permits to construct, renovate, and upgrade crossroads as follows:

APPLICATION FOR PERMIT FOR CONSTRUCTION, RENOVATION AND UPGRADE OF CROSSROADS

AT …(3)…

Dear: …(4)…

Pursuant to the Railway Law dated June 16, 2017;

Pursuant to Circular No. /2023/TT-BGTVT dated 2023 of the Minister of Transport regulating cross roads and granting construction permits within land reserved for railways;

Base ...(5)...

…(2)... represented by: ………………; position: ……………………

Request to be granted a permit to construct, renovate and upgrade crossroads with the following contents:

1. Purpose:…

2. Period of use: (long-term with a limited period, if there is a period, clearly state the period of use is from date .... month .... year .... to date .... month .... year .....)

3. Belonging to the Project: ...(6)…

4. Location: …(7)…

5. Estimated density of people and vehicles...(8)....

6. Horizontal level …………………….

7. Main technical factors:

a) Railway:

- Railway ground …(9) …

- Tracking along the railway …(10) …

- Railway foundation …(11)…

b) Road:

- Road level …(12)…

- Road surface …(13)…

- Tracing along the road …(14)…

- Road base …(15)…

c) Intersection angle …(16)…

8. Vision:

- Of road vehicle operators (drivers) ...(17)...

- Of railway vehicle operators (train drivers) ...(18)...

9. Distance to nearest horizontal line …(19)…

- The root of the process……….

- Opposite ………..

10. Form of defense organization: (There are guards, automatic warnings) ………

11. Equipment for crossroad defense: …(20)…

12. Other issues (if any).

...(2)... commits:

- Bear all costs for construction investment, management, maintenance, and defense organization (if any); site clearance within the traffic safety corridor at the crossroad area; Install full traffic guidance equipment and ensure traffic order and safety at this location.

- Self-destruction (for crossroads that are exploited and used for a limited period of time) at the end of their useful life.

If you do not comply with the above commitments, ...(2)... will be responsible according to the provisions of law.

Address: ………

Phone number: …………….

What documents are included in the application for a permit to construct, renovate, and upgrade crossroads from December 1, 2023?

In Article 42 of Circular 29/2023/TT-BGTVT, there is a regulation that from December 1, 2023, application for a permit to construct, renovate, and upgrade crossroads includes the following documents:

- Application form for issuance of permit to construct, renovate and upgrade crossroads.

- Original or certified copy or copy accompanied with the original for comparison or legally valid electronic copy (when carrying out administrative procedures in the electronic environment) of the following documents:

+ Decision approving construction investment projects;

+ Decision to approve the technical design or construction drawing design of the crossing;

+ Technical design documents or construction drawing designs of the horizontal line have been approved;

+ Plan for organizing the construction of crossroads and measures to ensure traffic safety during the construction process approved by competent authorities or approved by the investor.

Note: Circular 29/2023/TT-BGTVT takes effect from December 1, 2023 and replaces Circular 25/2018/TT-BGTVT.

Best regards!