Procedures for issuance of construction permits for projects on operating roads in Vietnam from January 1, 2025

Procedures for issuance of construction permits for projects on operating roads in Vietnam from January 1, 2025

The procedures for issuance of construction permits for projects on operating roads in Vietnam from January 1, 2025 are as follows:

- The project owner of the construction works on operating roads submits one set of application documents for the construction permit in person or indirectly (via the postal system or the online public service portal) to the competent authority. The application documents include:

+ Application form as prescribed in Form No. 01, Appendix II issued together with Circular 41/2024/TT-BGTVT;

+ Documents supporting the issuance of the permit.

- Documents supporting the issuance of the permit include:

+ Construction design drawings with information on the location and alignment of the road works, the drawings must show: the area, dimensions of the works on the road surface and within the land allocated for the road; elevation view and vertical distance from the work above or below to the road surface, horizontal distance from poles, cable lines, pipelines, and other parts of the construction works applying for a permit to the outer edge of the drainage ditch, road edge, or outermost edge of the roadway; parts of the road required to be dug or drilled during construction;

+ For works applying for construction permits within the median strip of roads, in addition to the documents specified in point a of this clause, information on the vertical and horizontal distance from the edge of the construction applying for the permit to the surface and outer edge of the median strip is required;

+ For works applying for construction permits to be installed on bridges, tunnels, or other complex roadworks, in addition to the documents specified in point a of this clause, a report on the design verification results and the calculation of the load-bearing capacity of the roadworks by a legally competent consultancy organization in construction is required;

+ Drawings of the restoration design of affected roadworks; drawings and explanations: measures for construction organization, measures to ensure traffic during construction on operating roads.

- The competent authorities issuing permits for construction works on operating roads: Road Management Area, Department of Transport, District People's Committee, Commune People's Committee issue permits for construction works on operating roads within their management scope.

- The competent authority performs the reception, checking, and processing of the documents as follows:

+ For documents submitted directly, the competent authority checks the components of the documents, if sufficient, receives and writes an appointment slip for returning the results; if not sufficient, guides the project owner to complete the documents according to regulations;

+ For indirectly submitted documents, within 2 working days from the date of receiving the documents, the competent authority checks the components, if sufficient, receives them; if not sufficient, sends a written notice to the organization or individual for supplementation and completion;

+ Within 7 working days from the date of receiving the full documents as prescribed, the competent authority reviews the documents; if eligible, issues a construction permit according to the provisions in Form No. 02, Appendix II, issued together with Circular 41/2024/TT-BGTVT; if permission is not granted, a written response must be issued stating the reasons.

- The construction permit is valid for 24 months; if the construction on the operating road is not completed by the expiration of this term, the procedure for issuing a construction permit must be re-initiated.

Circular 41/2024/TT-BGTVT takes effect from January 1, 2025.

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