Circular No. 28/2011/TT-BGTVT amending and supplementing certain provisions of the "Regulations on Issuing Construction Permits and Conducting Activities within Railway Land Areas" issued together with Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005, "Rail Crossing Regulations" issued together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006, and "Regulations on Announcing the Opening and Closing of Railway Stations" issued together with Decision No. 53/2007/QĐ-BGTVT dated November 6, 2007, by the Minister of Transport.

CIRCULAR

Amending and supplementing certain Articles of the "Regulations on Issuing Construction Permits and Conducting Activities within Areas Reserved for Railways" promulgated together with Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005,

"Railway Crossing Regulations" promulgated together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006,

"Regulations on Announcing the Opening and Closing of Railway Stations" promulgated together with Decision No. 53/2007/QĐ-BGTVTdated November 6, 2007, issued by the Minister of Transport,

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,

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MINISTER OF TRANSPORT

Pursuant to the Railway Law dated June 14, 2005;

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing certain Articles of the "Regulations on Issuing Construction Permits and Conducting Activities within Areas Reserved for Railways" promulgated together with Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005, issued by the Minister of Transport

1. Article 7 shall be amended and supplemented as follows:

“Article 7. Application Documents for Permit Issuance

1. The application documents for permit issuance include:

a) An application form for permit issuance according to the model prescribed in Appendix 1 attached hereto. In cases where a temporary construction permit with a specified duration is requested, the application form must include a commitment to self-demolish the construction and bear all costs associated with demolition when land clearance is carried out for railway renovation and repair;

b) Technical design documents (for projects designed in three stages) or construction drawings (for projects designed in two stages or only require economic-technical reports) that have been approved by the competent authority; photographs of the current status (for repair and renovation projects requiring a permit);

c) Written opinions of the competent authority issuing permits when establishing construction project plans. For cases requesting permits for activities that do not require this document;

d) Approvals of construction implementation plans, activity execution plans, safety measures for traffic and railway structures from railway infrastructure business enterprises.

2. The number of application documents is one set.”

2. Article 8 shall be amended and supplemented as follows:

“Article 8. Procedures and Methods for Permit Issuance

1. Organizations and individuals wishing to construct works or conduct activities within the protected areas of railway works and railway traffic safety zones shall submit applications directly or through postal services to the permit-issuing authority as stipulated in point a and b, Clause 1 and Clause 2, Article 12 of these Regulations.

2. The permit-issuing authority shall accept and examine the application documents in accordance with regulations.

Upon receiving complete application documents as required, the permit-issuing authority must acknowledge receipt of the documents and notify the date for result delivery.

If the application documents are incomplete, the permit-issuing authority has the obligation to guide organizations and individuals applying for permits to supplement and complete the documents in accordance with regulations. The time taken to complete the documents does not count towards the permit issuance period.”

3. When it is necessary to clarify information related to other agencies and organizations to serve permit issuance but which are not the responsibility of the organization or individual applying for the permit, the permit-issuing authority shall take the responsibility to seek opinions from relevant agencies and organizations to clarify and handle the matter.

4. Within ten working days from the date of receipt of the request letter from the permit-issuing authority, the agencies and organizations asked for opinions shall respond in writing. Beyond this deadline, if there is no written response, it will be considered as agreement and they shall bear responsibility for any consequences resulting from non-response or delayed response.

5. Based on the application documents for permit issuance, the opinions of participating agencies and organizations (if any), and in accordance with construction standards and other relevant laws, the competent authority for permit issuance shall review the documents and conduct on-site inspections (if necessary) to decide on or refuse to issue the permit.

6. The permit shall be issued within fifteen working days from the date of receipt of complete application documents as required.

7. The permit shall be made in three original copies with identical contents: one copy issued to the applicant; one copy sent to the railway infrastructure business enterprise (when the permit-issuing authority is not a railway infrastructure business enterprise); one copy sent to the Vietnam Railway Administration or the entity or individual owning dedicated railways (when the permit-issuing authority is a railway infrastructure business enterprise); one copy retained at the permit-issuing authority.”

3. Repealing Article 9:

Repeal Article 9 of the "Regulations on Issuing Construction Permits and Conducting Activities within Areas Reserved for Railways" promulgated together with Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005, issued by the Minister of Transport.

4. Article 11 shall be amended and supplemented as follows:

“Article 11. Permit Renewal

1. Organizations and individuals who have been granted permits must apply for permit renewal in the following situations:

a) More than one month after the date of permission to commence work or start activities recorded in the permit, the work has not commenced or the activities have not been implemented;

b) The work or activity has been granted a permit but cannot be completed within the time limit recorded in the permit.

a) Organizations and individuals shall submit the application documents directly or through postal services to the permit-issuing authority.

2. Procedures and methods of implementation:

The permit-issuing authority shall accept and examine the application documents in accordance with regulations.

If the application documents are incomplete, the permit-issuing authority has the obligation to guide organizations and individuals applying for permit renewal to supplement and complete the documents in accordance with regulations. Organizations and individuals applying for permit renewal shall be responsible for supplementing and completing the documents within five working days. The time taken to complete the documents does not count towards the permit renewal issuance period.”

If the application documents are incomplete, the permit-issuing authority has the obligation to guide organizations and individuals applying for permits to supplement and complete the documents in accordance with regulations. The time taken to complete the documents does not count towards the permit issuance period.”

In the case where the file is not complete as prescribed, the licensing authority has the obligation to guide organizations and individuals requesting an extension of the license to supplement and perfect the file in accordance with the regulations. Organizations and individuals requesting an extension of the license have the responsibility to supplement and perfect the file within five working days. The time taken to complete the file is not included in the deadline for issuing the license extension.

b) The licensing authority shall consider the extension of the license. The time for reviewing and extending the license shall not exceed five working days from the date of receiving all necessary documents; in cases where the extension cannot be granted, the licensing authority must notify in writing the reasons for not extending the license.

3. The application dossier for extending the license consists of one set, including:

a) An application form requesting the extension of the license, clearly stating the reasons for requesting the extension;

b) The original or certified copy of the previously issued license.

4. The authority responsible for extending the license is the licensing authority.”

Article 2. Amending and supplementing some provisions of the "Railway Crossing Regulations" promulgated together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006 of the Minister of Transport.

1. Transfer Clause 54 to Clause 1 and amend and supplement as follows:

“1. During the project development process, organizations and individuals must have a written agreement from the construction permit issuing authority regarding the location, layout, technical solutions, traffic safety, investment capital, management and operation plans. The procedures for obtaining such agreements are as follows:

a) Procedures and methods for implementing the agreement:

- Organizations and individuals submit the application dossier directly or through the postal system to the authority specified in Clause 2 of Article 52 and Clause 5 of Article 59 of the Railway Crossing Regulations.

- The authority receives and checks the dossier according to regulations.

- Upon receipt of a complete dossier as required, the authority must issue a receipt and inform the applicant of the date when the result will be returned.

- In cases where the dossier is incomplete, the authority has the obligation to guide the organization or individual applying for the agreement to supplement and perfect the dossier in accordance with the regulations. The time taken to perfect the dossier does not count towards the deadline for completing the agreement.

b) Components of the application dossier for the agreement:

- A request for establishing (or reconstructing, upgrading) a railway crossing according to the model prescribed in Appendix XII attached to this Regulation;

- Preliminary design dossier.

c) The number of dossiers is one set.

d) The time limit for agreeing to construct a railway crossing intersecting national railways and roads at various levels shall not exceed twenty working days from the date of receiving a complete dossier as required.”

2. Merge Clauses 1, 3, 4, 5, and 6 of Article 54 into Clause 2 and amend and supplement as follows:

“2. Before establishing, reconstructing, or upgrading a railway crossing, organizations and individuals must obtain a Construction Permit for the Railway Crossing. The procedures for issuing the permit are as follows:

a) Procedures and methods for implementation:

- Organizations and individuals submit the application dossier directly or through the postal system to the authority specified in Clause 2 of Article 52 and Clause 5 of Article 59 of the Railway Crossing Regulations.

- The issuing authority receives and checks the dossier according to regulations.

- Upon receipt of a complete dossier as required, the issuing authority must issue a receipt and inform the applicant of the date when the result will be returned.

- In cases where the dossier is incomplete, the issuing authority has the obligation to guide the organization or individual applying for the permit to supplement and perfect the dossier in accordance with the regulations. The time taken to perfect the dossier does not count towards the deadline for processing the application for establishing, reconstructing, or upgrading the railway crossing.

b) Components of the application dossier for establishing, reconstructing, or upgrading the railway crossing:

- An application form for establishing, reconstructing, or upgrading the railway crossing according to the model prescribed in Appendix VI attached to this Regulation;

- Technical design dossier or construction drawing dossier that has been approved by the competent authority; the drawings must show the layout plan, cross-sections, longitudinal sections of the railway and road at the railway crossing, and related structures, protective measures, and traffic safety measures;

- Agreement opinions of the enterprise managing railway infrastructure, and the competent road administration agency (if relevant).

c) The number of dossiers is one set.

d) Reviewing the application dossier for issuing the permit:

- Based on the received dossier, referring to legal regulations and opinions of related organizations and individuals, the issuing authority reviews the dossier and conducts a site inspection (if there are doubts) to decide whether to issue the permit or refuse it.

- When it is necessary to verify information related to other organizations or authorities to serve the issuance of the permit but which are not the responsibility of the applicant, the issuing authority has the responsibility to seek opinions from related agencies and organizations to clarify the situation.

- Within ten working days from the date of receiving the request letter from the issuing authority, the agencies and organizations asked for their opinions must reply in writing. If they do not provide a written response within this period, it is considered that they agree and must bear all consequences resulting from their failure to respond or delay in responding.

đ) Time limit for issuing the permit: The Construction Permit for the Railway Crossing shall be issued within twenty working days from the date of receiving a complete dossier as required.

The Construction Permit for the Railway Crossing shall be made in ten original copies with identical contents, one copy sent to the organization or individual applying for the permit, seven copies sent to the railway infrastructure business enterprise for dissemination to related units, one copy sent to the Vietnam Railway Administration, and one copy retained by the issuing authority.”

3. Amend Clause 7 of Article 54 to Clause 3 as follows:

“3. Prior to commencing construction work, organizations and individuals must work with the enterprise managing railway infrastructure to obtain a construction permit and may only commence construction work once they have obtained the construction permit.”

4. Amend and supplement Clause 8 of Article 54 to Clause 4 as follows:

“4. Extension of the Construction Permit for the Railway Crossing

Within twelve months from the date of issuance of the Construction Permit for the Railway Crossing, if the construction work has not commenced or if the construction work exceeds the completion deadline stated in the permit without being completed and handed over for use, the organization or individual who applied for the Construction Permit for the Railway Crossing must prepare an application dossier for extending the Construction Permit for the Railway Crossing.

a) Procedures and methods for implementation:

- The organization or individual submits the dossier directly or through the postal system to the issuing authority.

- The issuing authority receives and checks the dossier according to regulations.

- Upon receipt of a complete dossier as required, the issuing authority must issue a receipt and inform the applicant of the date when the result will be returned.

- In cases where the dossier is incomplete, the authority responsible for extending the permit has the obligation to guide the organization or individual applying for the extension to supplement and perfect the dossier in accordance with the regulations. The organization or individual applying for the extension must supplement and perfect the dossier within five working days. The time taken to perfect the dossier does not count towards the deadline for issuing the extended permit.

b) The components of the application for extension of the railway crossing construction permit include:

- Application for extension of the railway crossing construction permit;

- Original or certified copy of the previously issued railway crossing construction permit.

c) The number of applications is 01 set.

d) The time limit for reviewing and issuing the extension of the railway crossing construction permit shall not exceed 05 working days from the date of receipt of complete application as prescribed.

đ) The authority to issue the extension of the railway crossing construction permit is the authority that issued the original railway crossing construction permit.

5. Amend Clause 9 of Article 54 to become Clause 5 as follows:

“5. All railway crossings must be inspected and handed over to the management unit according to current regulations upon completion of construction. The inspection organization must have all necessary members and representatives from the construction unit, railway management units, and road management units.”

6. Amend Clause 10 of Article 54 to become Clause 6 as follows:

“6. Railway management units and road management units are responsible for monitoring railway crossings with limited usage periods and requesting the user units to dismantle them when the period expires.”

7. Amend Appendix XII and Appendix VI as follows:

a) Amend Appendix XII (model agreement for establishing a railway crossing) of the Railway Crossing Regulations issued together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006, of the Minister of Transport to become Appendix XII - model request for agreement on establishment (or renovation, upgrading) of a railway crossing.

b) Amend Appendix VI (model application for establishing a railway crossing) of the Railway Crossing Regulations issued together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006, of the Minister of Transport to become Appendix VI - model application for establishment (or renovation, upgrading) of a railway crossing.

Article 3. Amend and supplement some provisions of the "Regulations on Announcing the Opening and Closing of Railway Stations" issued together with Decision No. 53/2007/QĐ-BGTVT dated November 6, 2007, of the Minister of Transport

1. Article 6 shall be amended and supplemented as follows:

“Article 6. Procedures and formalities for announcing the opening of a railway station

1. Investment preparation stage

a) In addition to complying with investment and construction procedures under applicable laws, the investor must submit to the competent authority announcing the opening of the railway station a report on investment and construction of the station, including: Proposed scale and location, purpose of use, operation plan.

For border stations, in addition to the report on investment and construction of the station, the investor must also submit written opinions of the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of National Defense.

b) Within 10 working days from the date of receipt of the report as stipulated in point a of this clause, the competent authority announcing the opening of the railway station will examine it. If it is found to comply with the conditions specified in Clauses 1 and 2 of Article 4 of these Regulations, it will issue a written approval for the investor to proceed with investment and construction procedures; if not approved, it must provide a written explanation of the reasons.

2. Formalities for announcing the opening of a railway station

a) Implementation procedure

- After completing the construction of the railway station, the organization or individual managing and operating the station submits the application for announcement of the opening of the railway station directly or through the postal service to the Vietnam Railway Administration.

- The Vietnam Railway Administration receives the application. If the application is incomplete, the Vietnam Railway Administration must notify the organization or individual to supplement and complete the application. Within 05 working days from the date of receiving a complete application as prescribed, the Vietnam Railway Administration will review the application for announcement of the opening of the railway station and submit it to the Ministry of Transport.

- Within 05 working days from the date of receipt of the application submitted by the Vietnam Railway Administration, the Ministry of Transport will examine and issue a decision to announce the opening of the railway station.

b) The application for announcement of the opening of the railway station consists of 01 set, including:

- A letter requesting the announcement of the opening of the railway station from the organization or individual managing and operating the station;

- A report from the organization or individual managing and operating the station regarding the results of completing the construction projects of the station (including certified copies or stamped copies of the management and operation organization, acceptance handover documents...); organizational structure and operation plan of the station, manpower allocation plan; management and operation plan ensuring safety and efficiency;

- Decisions of the competent authorities allowing investment and construction of the station (originals or certified copies, or stamped copies of the management and operation organization).”

2. Clause 2, Article 7 shall be amended and supplemented as follows:

“2. Formalities for announcing the closure of a railway station

a) Procedure:

- The organization or individual managing and operating the station submits the application for announcement of the closure of the railway station directly or through the postal service to the Vietnam Railway Administration.

- The Vietnam Railway Administration receives the application. If the application is incomplete, the Vietnam Railway Administration must notify the organization or individual to supplement and complete the application. Within 04 working days from the date of receiving a complete application as prescribed, the Vietnam Railway Administration will review the application for announcement of the closure of the railway station and submit it to the Ministry of Transport.

- Within 03 working days from the date of receipt of the application submitted by the Vietnam Railway Administration, the Ministry of Transport will examine and issue a decision to announce the closure of the railway station.

b) The application for announcement of the closure of the railway station consists of 01 set, including:

- A letter requesting the announcement of the closure of the railway station from the organization or individual managing and operating the station or from the state management agency for railways;

- Documents proving the reason for closing the railway station (originals or certified copies, or stamped copies of the management and operation organization).”

Article 4. Effective Date

This Circular shall take effect forty-five days from the date of issuance.

Article 5. Implementation

The Heads of the Ministry’s Office, the Inspectorate, the Departments, the General Department of Roads of Vietnam, the Vietnam Railway Administration; the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.