Circular No. 13/2020/TT-BGTVT amending and supplementing certain Articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government on management and protection of road traffic infrastructure, and Circular No. 35/2017/TT-BGTVT dated October 9, 2017, issued by the Minister of Transport amending and supplementing certain Articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015, guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government on management and protection of road traffic infrastructure.

CIRCULAR

Amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure and Circular No. 35/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure.

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure;

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 Department and the Director General of the Vietnam Highway Administration;

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (hereinafter referred to as Circular No. 50/2015/TT-BGTVT) and Circular No. 35/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (hereinafter referred to as Circular No. 35/2017/TT-BGTVT).

Article 1. Amending and supplementing some articles of Circular No. 50/2015/TT-BGTVT of the Minister of Transport

1. Amending and supplementing Article 13 as follows:

"Article 13. Approval for construction of essential works, approval for simultaneous construction and issuance of construction permit for essential works within the scope of protection of road traffic infrastructure of national highways and expressways currently in operation under the management of the Ministry of Transport
1. The Ministry of Transport shall approve the construction of essential works within the scope of protection of road traffic infrastructure of expressways, except for power facilities with voltage up to 35 kV.
2. The Vietnam Highway Administration shall approve the construction of essential works within the scope of protection of road traffic infrastructure of national highways managed by the Ministry of Transport in the following cases:
a) Construction, renovation, upgrading, and expansion of essential works within the scope of protection of road traffic infrastructure of national highways with a total length greater than 1 km, except for power facilities with voltage up to 35 kV;
b) Power facilities with voltage higher than 35 kV (excluding overhead power lines crossing above national highways with poles outside the highway safety zone); water supply and drainage pipelines with diameter larger than 200 mm; water conservancy, hydropower, conveyor belt, energy, and chemical pipelines; construction projects of bridges and culverts crossing national highways;
c) Construction of essential works related to the management scope of two or more highway management agencies;
d) Installation of essential works on bridges with a total length of the main span structure exceeding 100 meters; construction of essential works within road tunnels.
3. The Road Management Corporation, Provincial Departments of Transport shall approve the construction of essential works, and simultaneous construction and issuance of construction permits for essential works within the scope of protection of road traffic infrastructure of assigned national highways and expressways as follows:
a) Approve the construction of essential works within the scope of protection of road traffic infrastructure of assigned national highways, except for the cases stipulated in Clause 1 and Clause 2 of this Article;
b) Approve simultaneous construction and issuance of construction permits for essential works in the following cases: repair of essential works; power facilities with voltage up to 35 kV constructed within the scope of protection of road traffic infrastructure of national highways and expressways; overhead power lines, telecommunications, and information facilities crossing above roads with poles outside the road safety zone but ensuring the regulations on airspace protection and safe distance from the road surface as prescribed in Decree No. 11/2010/NĐ-CP, Decree No. 100/2013/NĐ-CP, and this Circular.
4. The application dossier for approval of construction of essential works, simultaneous approval for construction with issuance of construction permit for essential works includes:
a) Application form for construction of essential works within the scope of protection of road traffic infrastructure structures according to Model 1 attached to this Circular;
b) Design drawings of investment projects, design documents of essential works (technical design or construction drawing design), economic and technical reports including information about the location and mileage of the road at the site of construction of essential works; drawings showing the area and dimensions of essential works on the road plan and within the land allocated for the road; drawings showing the vertical profile and distance from the top or bottom of essential works to the road surface, horizontal distance from the pole, power line, pipeline, or other parts of essential works to the outer edge of the drainage ditch, road shoulder, or outer edge of the road surface; parts of the road structure that need to be excavated or drilled when constructing essential works; design of road structure and measures for restoring the road structure within the land allocated for the road affected by excavation or construction of essential works;
c) For essential works constructed within the central median strip of the road, in addition to the documents specified in points a and b of this clause, there must be information about the vertical distance from essential works to the surface of the central median strip, and from essential works to the outer edge of the central median strip;
d) For essential works installed on bridges, tunnels, or other complex road structures, in addition to the documents specified in points a and b of this clause, there must be a report on the results of design review.
đ) In the case of approving construction simultaneously with issuing a construction permit for essential works, the application dossier shall include the application form prescribed in Appendix 1a and the dossier as stipulated in point b, Clause 2, Article 14 of this Circular.
5. The procedure for implementation shall be carried out in accordance with the provisions of Article 19 of this Circular.
6. Time limit for resolution:
a) For the dossier to approve construction of essential works: the time limit for processing is seven working days from the date of receipt of all required documents.
b) In cases where approval for construction is granted simultaneously with issuance of the construction permit for essential works, the time limit for resolution shall be in accordance with the provisions of point b, Clause 4, Article 14 of this Circular.
7. Within eighteen months from the date of the approval document for construction of essential works or simultaneous approval of construction with issuance of a construction permit for essential works, if the owner of the essential work has not commenced construction or completed the construction permit procedures, they must extend the approval document. The extension procedure is as follows:
a) An application for extension in the form attached as Appendix 2 to this Circular;
b) Processing time: within five working days from the date of receipt of the extension request.
c) Extension period: only one extension may be implemented, with a duration not exceeding twelve months;
d) The procedure and method of implementation are as prescribed in Article 19 of this Circular."

2. Amending and supplementing Article 14 as follows:

Article 14. Issuance of Construction Permits for Essential Works within the Protection Zone of Road Infrastructure of National Highways and Expressways in Operation
1. The competent authority issuing construction permits is the Directorate of Roads, Provincial Department of Transport managing national highways, expressways, and roads invested in, operated, and managed under public-private partnership models within their jurisdiction.
2. The application dossier for issuance of a construction permit for essential works includes:
a) An application form for a construction permit for the project according to the model attached at Appendix 4 of this Circular;
b) Two (2) sets of construction design drawings and construction organization measures that have been approved by the competent authority (originals). The construction design drawings shall reflect the scale of the project, the essential works within the protection zone of road infrastructure, and the contents specified in points b, c, d, Clause 4, Article 13; the construction organization measures shall reflect the construction plan, safety measures during construction, traffic safety, and traffic organization.
3. The procedure and method of implementation are as prescribed in Article 19 of this Circular.
4. Time limit for issuance of construction permits for essential works and simultaneous approval of construction with issuance of a construction permit for essential works:
a) Not exceeding seven working days from the date of receipt of all required documents, except in cases stipulated in point b of this clause;
b) Not exceeding four working days from the date of receipt of all required documents (excluding on-site inspection time) for simultaneous approval of construction with issuance of a construction permit for electrical works of 35 kV and below with a total length less than one kilometer constructed within the protection zone of road infrastructure. If on-site inspection is required, the time limit for simultaneous approval of construction with issuance of a construction permit shall not exceed ten working days.
5. The competent authority issuing construction permits for essential works as stipulated in Clause 1 of this Article shall be responsible for inspecting, evaluating, participating in acceptance, and confirming completion of warranty for the restoration of road infrastructure caused by construction and repair of essential works.

3. Amend and supplement point c, Clause 2, Article 19 as follows:

"c) The competent authority handling administrative procedures shall review the dossier, and if it meets the conditions, issue an approval document for construction of essential works, issue a construction permit for essential works, and simultaneously approve construction with issuance of a construction permit for essential works within the protection zone of road infrastructure. If construction is not approved, a construction permit is not issued, or simultaneous approval of construction with issuance of a construction permit is not granted, a written response must be provided with clear reasons."

Article 2. Repeal certain points, clauses, and articles of Circular No. 50/2015/TT-BGTVT and Circular No. 35/2017/TT-BGTVT issued by the Minister of Transport.

1. Repeal Clause 3, Article 21, Point d, Clause 2, Article 23, and Point d, Clause 1, Article 24 of Circular No. 50/2015/TT-BGTVT issued by the Minister of Transport.

2. Repeal Clause 6, Clause 7, and Points d and đ, Clause 10, Article 1 of Circular No. 35/2017/TT-BGTVT issued by the Minister of Transport.

Article 3. Effectiveness

This Circular takes effect from August 15, 2020.

Article 4. Organization of Implementation

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