Latest procedures for granting permits to construct, renovate, and upgrade crossroads in Vietnam

Latest procedures for granting permits to construct, renovate, and upgrade crossroads in Vietnam (Internet image)

On November 8, 2023, the Ministry of Transport issued Decision 1427/QD-BGTVT on the announcement of amended and supplemented administrative procedures in the railway sector within the scope of management functions of the Ministry of Transport.

Latest procedures for granting permits to construct, renovate, and upgrade crossroads in Vietnam

(1) Implementation sequence:

* Submit administrative procedures:

Project investors
or the owner managing or using a crosswalk shall submit directly, by post, or through the electronic environment, a dossier requesting a permit to construct, renovate or upgrade a crosswalk to the licensing agency, specifically:

- Vietnam Railways Department for level crossings on national railways.

- Vietnam Road Administration for level crossings on specialized railways related to national highways.

- Agencies according to the decentralization and authorization of the Provincial People's Committee for level crossings on specialized railways related to provincial roads, district roads, commune roads, urban roads, and specialized roads within the scope of management

In case of implementation in the electronic environment, project investors, managers, and users of crossroads who need to build, renovate, or upgrade crossroads should do so at the following address: https://dichvucong.mt.gov.vn.

* Handling administrative procedures:

- In case of direct applications, the competent licensing agency will return results within working days regarding the composition of the license application dossier.

- In case of submitting documents by post or via electronic environment, if the documents are not complete as prescribed within 02 working days, the competent licensing agency shall notify the competent licensing agency in writing of instructions on completing the dossier.

- Within 02 working days from the date of receiving the complete dossier according to regulations, the licensing agency is responsible for sending the dossier to relevant agencies and units for comments:

+ Railway infrastructure businesses and road management agencies (if relevant) for level crossings on national railways;

+ Vietnam Road Administration, the agency decentralized and authorized by the Provincial People's Committee to manage road routes (if relevant).

- Within 05 working days from the time the licensing authority issues a document soliciting opinions, the agency or organization receiving opinions is responsible for responding in writing.

- In case of disapproval of licensing, the competent licensing agency shall issue a written response clearly stating the reason.

(2) Submission methods:

- Submit application directly; or

- Through the postal system; or

- Send on the network environment.

(3) Components and quantity of documents:

* Profile components:

- Application according to the prescribed form.

- 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.

* Number of documents: 01 set.

(4) Processing time limit:

- 10 working days from the date of receipt of complete documents as prescribed.

(5) Subjects carrying out administrative procedures:

- The organization is the project investor.

- Owner manages and uses the horizontal road.

(6) Agencies carrying out administrative procedures:

- Competent authority: Vietnam Railways Department; Vietnam Road Administration, an agency decentralized and authorized by the Provincial People's Committee.

- Authority or competent person authorized or decentralized to implement: No.

- Agencies directly implementing administrative procedures:

+ Vietnam Railways Administration for level crossings on national railways.

+ Vietnam Road Administration for level crossings on specialized railways related to national highways.

+ Agencies according to the decentralization and authorization of the Provincial People's Committee for level crossings on specialized railways related to provincial roads, district roads, commune roads, urban roads, and specialized roads within the scope of management.

- Coordinating agency: railway infrastructure business, road management agency (if relevant).

More details can be found in Decision 1427/QD-BGTVT taking effect on December 1, 2023.

Ho Quoc Tuan

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