Circular No. 07/2022/TT-BGTVT amends and supplements certain provisions of Circular No. 25/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport regarding level crossings and issuing construction permits for essential works within railway land.

CIRCULAR

Amending and supplementing some articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossings and issuing construction permits for essential works within railway land areas.

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Pursuant to the Railway Law dated June 16, 2017;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Infrastructure Structure Department and the Director General of the Vietnam Railway Administration;

The Minister of Transport issues this Circular to amend and supplement some articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossings and issuing construction permits for essential works within railway land areas.

Article 1. Amending and supplementing some articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossings and issuing construction permits for essential works within railway land areas.

1. Amending and supplementing Article 42 as follows:

"Article 42. Documents for requesting construction permit, renovation, and upgrading of level crossings

Documents for requesting construction permit, renovation, and upgrading of level crossings include:

1. Application form for construction permit according to the model prescribed in Appendix 8 of this Circular.

2. Original or certified copy or copy with original for comparison or electronic copy with legal value (for administrative procedures conducted through electronic environment) of the following documents:

a) Decision approving the investment project for construction works;

b) Decision approving technical design or construction drawings of the level crossing works;

c) Technical design or construction drawings of the two-level crossing works that have been approved;

d) Construction organization plan for level crossing works and traffic safety measures during construction approved by the competent authority or agreed upon by the investor."

2. Amending and supplementing Article 44 as follows:

"Article 44. Documents for requesting removal of level crossings

Documents for requesting removal of level crossings include:

1. Application form for removal of level crossings according to the model at Appendix 10 of this Circular.

2. Original or certified copy or copy with original for comparison or electronic copy with legal value (for administrative procedures conducted through electronic environment): Document confirming that the level crossing is no longer needed."

3. Amending and supplementing Article 46 as follows:

"Article 46. Documents for requesting extension of construction permit for renovation and upgrading of level crossings

Documents for requesting extension of construction permit for renovation and upgrading of level crossings include:

1. Application form according to the model at Appendix 12 of this Circular.

2. Original or certified copy or copy with original for comparison or electronic copy with legal value (for administrative procedures conducted through electronic environment): Document proving the reason for extension request; overall project progress approved by the competent authority."

4. Amending and supplementing Article 49 as follows:

2. Original or certified copy or copy with original for comparison or electronic copy with legal value (for administrative procedures conducted through electronic environment) of the following documents:

"Article 49. Documents for requesting construction permit for essential works within railway land areas

Documents for requesting construction permit for essential works within railway land areas include:

1. Application form for construction permit according to the model prescribed in Appendix 14 of this Circular.

a) Decision approving the project or document assigning the investor of the work;

b) Decision approving technical design or construction drawings; current status photos (for renovation and upgrading works);

c) Approved technical design or construction drawings;

d) Legal document from the competent state management agency determining that the work cannot be located outside the railway land area: Planning document approved by the competent authority or agreement of the provincial-level People's Committee or higher related to the construction of the work within the railway land area;

đ) Overall project progress approved by the competent authority;

e) Construction organization plan for the work and traffic safety and work safety measures during construction."

Documents for requesting extension of construction permit for renovation and upgrading of level crossings include:

5. Amending and supplementing Article 51 as follows:

Article 2. Implementation

"Article 51. Documents for requesting extension of construction permit for essential works within railway land areas

Documents for requesting extension of construction permit for essential works within railway land areas include:

1. Application form according to the model at Appendix 16 of this Circular.