Amendments to the Decree guiding the Law on Railway Transport in Vietnam

Amendments to the Decree guiding the Law on Railway Transport in Vietnam
Dương Châu Thanh

On December 14, 2023, the Government of Vietnam issued Decree 91/2023/ND-CP amending Decree 65/2018/ND-CP guiding Law on Railway Transport and Decree 01/2022/ND-CP .

Amendments to the Decree guiding the Law on Railway Transport in Vietnam

In this regard, amendments to some regulations related to railways with a design speed of less than 100 km/h intersecting with roads; railways intersecting with roads from class IV and below specified in Decree 65/2018/ND-CP are as follows: 

- Regarding the authority to approve the construction plan for level crossings:

The Vietnam Railway Administration for level crossings constructed on national railways and public level crossings constructed on dedicated railways related to national highways;

(Current regulations in effect until January 29, 2024: The Ministry of Transport for level crossings constructed on national railways, public level crossings constructed on dedicated railways related to national highways).

- Regarding the documents and procedures for approving the construction plan for level crossings:

+ The investor submits the dossier directly, sends it by post, or submits it electronically to the competent agency or organization for approval of the construction plan for level crossings as prescribed in Clause 2 of this Article. In the case of electronic submission, the proposed dossier includes electronic copies of the documents specified in point a of this clause and is processed on the administrative procedure settlement information system of the Ministry of Transport or the National Public Service Portal;

(Currently, the dossier sent to the competent agency as prescribed in Clause 2 of Article 12 of Decree 65/2018/ND-CP can be sent directly, via the postal system, or by other appropriate means.)

+ Within a period not exceeding 10 working days from the date of receiving a complete dossier as prescribed in point a of this clause, the competent agency or organization for approving the construction plan for level crossings must issue an approval document according to the prescribed form in Appendix II issued with this Decree; in case of non-approval, a response document must be provided stating the reason.

(Currently, within a period not exceeding 05 working days from the date of receiving a complete dossier as prescribed, the competent agency or organization must issue an approval document according to the prescribed form in Appendix II issued with Decree 65/2018/ND-CP; in case of non-approval, a response document must be provided stating the reason.)

For more details, please refer to Decree 91/2023/ND-CP, taking effect on January 30, 2024.

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