Circular No. 11/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 26/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport, stipulating conditions, procedures, and formalities for implementing rail connection between urban railway lines, dedicated railways with national railways; connecting rail tracks of urban railway lines.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 26/2018/TT-BGTVTdated May 14 2018 year 2018 of the Minister of Transportstipulating conditions, procedures, and formalities for implementing rail connection between urban railway lines and national railways, dedicated railways with national railways; rail connection among urban railway lines

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Pursuant to the Railway Law dated June 16, 2017;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating 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 the Circular amending and supplementing some articles of Circular No. 26/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport stipulating conditions, procedures, and formalities for implementing rail connection between urban railway lines and national railways, dedicated railways with national railways; rail connection among urban railway lines.

Article 1. Amending and supplementing some articles of Circular No. 26/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport stipulating conditions, procedures, and formalities for implementing rail connection between urban railway lines and national railways, dedicated railways with national railways; rail connection among urban railway lines

1. Amending and supplementing Article 7 as follows:

"Article 7. Competent authority's approval of the proposal, issuance of rail connection permit, extension, revocation, cancellation of rail connection permit, termination of rail connection

1. The Ministry of Transport approves the proposal for connecting urban railway lines and dedicated railways with national railways according to this Circular.

2. The Vietnam Railway Administration performs the function of the specialized state management agency for railways according to this Circular, including: Issuing rail connection permits; extending rail connection permits, terminating rail connections; revoking, canceling rail connection permits for urban railway lines and dedicated railways with national railways according to this Circular.

3. Provincial People's Committees where urban railways are located approve proposals for rail connection; issue rail connection permits; extend rail connection permits, terminate rail connections; revoke, cancel rail connection permits for:

a) Urban railway lines within their jurisdiction;

b) Urban railway lines crossing administrative boundaries of two provinces or more in cases where the connection location is within their jurisdiction."

2. Amending and supplementing Clause 1, Clause 2 of Article 9 as follows:

"1. The application package includes:

a) Application for issuing a rail connection permit from the project investor according to the form prescribed in Appendix 2 of this Circular;

b) Original or certified copy or copy accompanied by original for comparison or electronic copy with legal value (for administrative procedures conducted on the online platform) of the following documents:

Decision on investment in projects with proposed rail connection lines;

Technical design documents or construction drawings of works at point đ Clause 1 Article 8 of this Circular approved according to the provisions of the law;

Construction organization plan for connecting works at point đ Clause 1 Article 8 of this Circular and safety measures during construction;

Operation organization plan for trains on the connected railway line and traffic safety solutions after connection.

"2. Implementation procedures:"

Organizations and individuals requiring a rail connection permit shall prepare one set of application documents, submit directly or send through the postal system or submit via the online platform to the competent authority issuing the permit as stipulated in Article 7 of this Circular.

a) In case of direct submission, if the application documents are incomplete according to the regulations, the competent authority stipulated in Article 7 of this Circular shall be responsible for guiding the supplementation of the documents and delivering the result on the same working day;

b) In case of submission through the postal service or online platform, if the application documents are incomplete according to the regulations, within two working days, the competent authority stipulated in Article 7 of this Circular shall notify in writing to guide the completion of the documents;

c) In case of submission via the online platform, organizations and individuals requiring a rail connection permit shall prepare the application documents including a file containing scanned copies of the main documents and materials stipulated in Clause 1 Article 9 of this Circular and submit on the website address: https://dichvucong.mt.gov.vn."

3. Amending and supplementing Clause 3, Clause 4, Clause 5 of Article 10 as follows:

"3. Application documents for extending the rail connection permit, terminating the rail connection:

a) Application documents for extending the construction period of the rail connection include: Extension request form of the project investor according to the form prescribed in Appendix 3 of this Circular; original or certified copy or copy accompanied by original for comparison or electronic copy with legal value (for administrative procedures conducted on the online platform) of the following documents: Legal documents proving the reasons for requesting to extend the construction period of the rail connection according to the issued permit and the overall progress of the project approved by the competent authority;

b) Application documents for extending the operation and use period of the rail connection include: Extension request form of the project investor according to the form prescribed in Appendix 3 of this Circular; original or certified copy or copy accompanied by original for comparison or electronic copy with legal value (for administrative procedures conducted on the online platform) of the following documents: Legal documents proving the reasons for requesting to extend the operation and use period of the rail connection according to the issued permit;

c) Application documents for terminating the rail connection include: Termination request form of the organization or individual according to the form prescribed in Appendix 4 of this Circular; original or certified copy or copy accompanied by original for comparison or electronic copy with legal value (for administrative procedures conducted on the online platform) of the following documents: Construction organization plan when terminating the rail connection.

4. Procedure

Organizations, individuals, owners of works that have been granted rail connection permits and require extension of the rail connection permit or termination of the rail connection as stipulated in Clause 1, Clause 2 of this provision must prepare one set of application documents for extending the rail connection permit or terminating the rail connection, submit directly or send through the postal system or submit via the online platform to the competent authority issuing the rail connection permit as stipulated in Article 7 of this Circular.

a) In case of direct submission, if the application documents are incomplete according to the regulations, the competent authority stipulated in Article 7 of this Circular shall be responsible for guiding the supplementation of the documents and delivering the result on the same working day;

b) In case of submission through the postal service or online platform, if the application documents are incomplete according to the regulations, within two working days, the competent authority stipulated in Article 7 of this Circular shall notify in writing to guide the completion of the documents;

c) In case of submission via the online platform, organizations and individuals requiring a rail connection permit shall prepare the application documents including a file containing scanned copies of the main documents and materials stipulated in Clause 3 Article 10 of this Circular and submit on the website address: https://dichvucong.mt.gov.vn.

5. Time limit for processing the file: five working days from the date of receiving all necessary documents as prescribed by the competent authority with the power to extend the connection. In cases where extension is not granted, there must be a document clearly stating the reasons.

a) Decision on extension in the form prescribed in Appendix 7 of this Circular;

Each permit may only be extended once;

The time for extending construction of the connection shall not exceed twelve months, and at the same time shall not exceed the implementation period of the project approved by the competent authority;

The time for extending operation and use of the connection shall not exceed twelve months, and at the same time shall not be longer than the permitted operation and use period specified in the issued permit;

b) Decision to terminate the connection in the form prescribed in Appendix 8 of this Circular."

Article 2. Implementation

1. This Circular takes effect from September 1, 2023.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

3. During the process of implementation, if there are any difficulties, please report them to the Ministry of Transport for timely research, amendment, and supplementation./.