Decision No. 2923-QD/DB on issuing construction permits for works related to roads

Pursuant to …;

Regarding the issuance of construction permits for works related to roads

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THE MINISTER

MINISTRY OF TRANSPORTATION

- Based on Decree No. 22/CP dated March 22, 1994 on the tasks of state management and organizational structure of the Ministry of Transport;

- Based on Article 21 of the Traffic Works Protection Ordinance promulgated by Presidential Decree No. 38L/CTN dated December 10, 1994;

- Based on Article 8 of the Road Traffic Order and Urban Traffic Order issued together with Decree No. 36/CP dated May 29, 1996 of the Government.

Pursuant to …;

Article 1: Construction units carrying out works under the transport sector or other sectors within the scope of protected zones or directly related to road traffic works may only commence construction after obtaining a construction permit from the competent road management authority (referred to collectively as the permit - attached model).

Article 2: The competent road management authorities issue construction permits.

2.1. The Vietnam Highway Administration issues construction permits for works related to national highways for:

- Works with projects belonging to Groups A and B of the transport sector.

- Works with projects belonging to Groups A, B, and C of other sectors.

- In cases where the work runs through multiple provinces, multiple national highways, has a long construction period, and is located far away, the construction unit is responsible for processing procedures to unify with the Vietnam Highway Administration to issue a general construction permit for the portion of the work that the winning bidder has undertaken and authorize the Highway Management Zones (Zones QLĐB), Departments of Transport, or Departments of Transport and Public Works (Departments GTVT) to issue construction permits according to the areas managed by the Zone or Department for each phase, depending on the time and construction organization measures agreed upon with the construction unit to facilitate construction as well as supervision of the implementation of the permit. At the same time, they coordinate to ensure the safety of traffic works and vehicles participating in traffic.

2.2. The Highway Management Zones, Departments of Transport issue construction permits for works with Group C projects of the transport sector, new construction and repair works of the transport sector and other sectors on national highways managed by the Zone or Department assigned by the Ministry and the Vietnam Highway Administration but not requiring project establishment.

2.3. For local roads, the Departments of Transport issue construction permits.

Article 3: The procedures for issuing construction permits include:

1. The construction unit's application for permission to construct.

2. Technical design documents already approved by the competent authority.

3. Agreements of relevant management agencies of works outside the road sector.

4. Design of construction methods and organization ensuring traffic safety.

Article 4: Units that have been granted permits must report to the direct managing units of road works (District Highway Management Zones, Road Management Segments). On the basis of the permit, the direct managing units of road works hand over the construction area and supervise the construction unit's implementation of the permit contents and have the right to suspend construction if the construction unit violates the provisions of the permit.

Construction units must ensure traffic and bear legal responsibility for traffic accidents caused by violating the permit during the entire period from receiving the construction site to returning the traffic works to their original condition when handed over. All costs for ensuring traffic and repairing bridges and roads due to construction works shall be borne by the construction unit.

Construction units that have obtained construction permits and received the construction site but fail to commence construction and ensure traffic within 45 days from the date of receiving the construction site will have their construction permits revoked.

Article 5: Given the continuous maintenance and traffic assurance tasks of District Highway Management Zones and Road Management Segments within their assigned management areas, it is permitted for Highway Management Zones and Departments of Transport to issue long-term construction permits based on annual tasks assigned to units, for projects whose construction periods have been approved by the competent authority (except for cases where the task directly assigns a permit period not exceeding one year).

Article 6: The issuing authority must promptly examine and process the permit, with a time limit not exceeding 10 days from the date of receipt of all application documents.

Article 7: Entrust the Vietnam Highway Administration to direct, guide, and inspect traffic safety work during construction on roads. At the same time, cooperate with the People's Police Force and the Military to inspect and handle violations damaging traffic works as stipulated in Articles 4 and 5 of Decree No. 49/CP dated July 26, 1995 of the Government.

Article 8: The Heads of the Ministry's Office, the Director of the Vietnam Highway Administration, the Head of the Legal Affairs Department, the General Directors of Project Management Boards, relevant Departments and Units, and the Heads of construction units are responsible for implementing this Decision.