Decision No. 60/2005/QD-BGTVT promulgates "Regulations on Issuing Construction Permits and Conducting Activities within Railway Land Areas"

DECISION OF THE MINISTER OF TRANSPORT

Issuing "Regulations on the issuance of construction permits and implementation of activities within the area reserved for railway tracks"

Issuing "Regulations on the issuance of construction permits and implementation of activities within the area reserved for railway tracks"

 

THE MINISTER OF TRANSPORTATION

Based on the Railway Law dated June 14, 2005;

Pursuant to the Traffic Works Protection Ordinance dated December 2, 1994;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Vietnam Railway Administration, the Head of the Legal Department,

 DECISION:

Clause 4 of Article 6These Regulations are hereby issued along with this Decision "Regulations on the issuance of construction permits and implementation of activities within the area reserved for railway tracks".

Article 2. This Decision shall take effect from January 1, 2006.

Article 3. The Heads of the Ministry's Office, Inspectorate, Heads of Departments, Directors of the Vietnam Railway Administration, Quality Control and Supervision Bureau, Chairmen and General Managers of the Vietnam Railway Corporation, Heads of agencies, units, and individuals concerned are responsible for implementing this Decision./.

REGULATIONS

 

On the issuance of construction permits and implementation of activities

within the area reserved for railway tracks

(Issued together with Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This document stipulates the procedures and application forms for requesting construction permits; rights and obligations of organizations and individuals related to the construction of works and the implementation of activities not part of railway infrastructure (hereinafter referred to as construction of works and implementation of activities) within the protected areas of railway works and railway traffic safety zones.

2. Construction of railway works and maintenance activities for railway works not falling under the scope of these Regulations.

Article 2. Applicability

1. The subjects to which these Regulations apply are organizations and individuals related to the construction of works and the implementation of activities not part of railway infrastructure but located within the protected areas of railway works and railway traffic safety zones.

2. For urban railways, separate regulations will be established.

Article 3. Definitions

In this Regulation, the following terms shall be understood as follows:

1. Protected area of railway works is the surrounding area above, below water surface, and below ground level of railway works where actions that endanger the safety of the works are prohibited.

2. Railway traffic safety zone is a strip of land and airspace alongside both sides of the railway track designed to ensure safety for railway traffic.

3. Area reserved for railway tracks includes land for constructing railway works, land within the protected area of railway works, and land within the railway traffic safety zone.

Article 4. Purpose and requirements for issuing construction permits

1. Construction of works and implementation of activities within the protected area of railway works and railway traffic safety zones must comply with legal provisions on protecting railway traffic works, ensuring the safety of works and railway transportation; protecting natural scenery and the environment.

2. To serve as a basis for inspection, supervision, and handling violations concerning the maintenance of order and safety in the construction of works and implementation of activities within the protected area of railway works and railway traffic safety zones.

Article 5. Principles for issuing construction permits

1. The issuance of construction permits must be consistent with detailed railway construction plans approved by competent authorities and architectural standards, planning, construction, environmental protection regulations, and other relevant legal documents.

2. The issuance of construction permits for works will only be considered for essential works, national defense and security works, and public utility works that must be constructed within the protected area of railway works and railway traffic safety zones and must have plans approved by competent authorities.

3. The issuance of permits for implementation of activities will only be considered for maintenance, repair, and upkeep of works not part of railway infrastructure that have been legally constructed within the protected area of railway works and railway traffic safety zones.

Article 6. Works and activities subject to consideration for issuance of construction permits

1. Construction of level crossings, overpasses, underpasses, culverts, oil pipelines, gas pipelines, water pipelines, power lines, telephone lines, optical cables, and other works that must cross or pass under railway tracks within the protected area of railway works and railway traffic safety zones.

2. Construction of temporary and permanent works not part of railway infrastructure or implementation of other activities that must be carried out within the protected area of railway works and railway traffic safety zones.

Chapter II

APPLICATION FORMS, PROCEDURES, AND REQUIREMENTS FOR ISSUING CONSTRUCTION PERMITS

Article 7. Application forms for requesting construction permits

Organizations and individuals who wish to construct works or implement activities within the protected area of railway works and railway traffic safety zones must submit three sets of application forms to the competent authority requesting issuance of construction permits. The application forms for requesting construction permits include:

1. An application form for construction permit according to the model prescribed in Appendix 1 attached to these Regulations. In cases where a temporary construction permit with a specified duration is requested, the application form must also include a commitment to dismantle the work and bear all costs associated with dismantling when land clearance is required for railway renovation and repair;

2. Technical design and construction organization design documents that have been approved by the competent authority; photographs of the current state (for repair and renovation works requiring a permit);

3. Written opinions of the competent state management agency regarding railway works when establishing a construction project;

4. Documents approving construction methods, implementation activities, measures to ensure railway traffic safety, and railway works safety of railway infrastructure business enterprises.

Article 8. Receiving application forms

1. The issuing authority has the responsibility to receive application forms for requesting construction permits, and to check the validity of the application forms in accordance with Article 7 of these Regulations.

2. Upon receiving complete and valid application forms, the issuing authority must issue a receipt for the application forms and specify the date for returning the results.

3. If the application forms for requesting construction permits are incomplete, the issuing authority must guide the applicant to supplement and complete the application forms in accordance with the regulations. The time taken to complete the application forms does not count towards the construction permit issuance period.

Article 9. Reviewing application forms for requesting construction permits

1. On the basis of the application file for the permit, the opinions of relevant agencies and organizations (if any), based on construction standards and other related legal documents, the competent authority to issue the permit shall review the file and conduct a site inspection (if necessary) to decide whether to grant or refuse the permit.

2. When it is necessary to clarify information related to other agencies and organizations to serve the issuance of the permit but which does not fall within the responsibility of the applicant, the issuing agency has the responsibility to seek opinions from relevant agencies and organizations to clarify and handle the matter.

3. Within ten working days from the date of receipt of the official letter requesting the permit, the agencies and organizations asked for their opinions must respond in writing. Beyond this period, if there is no written response, it will be considered as agreement and they must bear responsibility for all consequences caused by non-response or delayed response.

4. The permit shall be issued within a maximum of fifteen working days from the date of receipt of the complete valid application file.

5. The permit shall be made in three original copies with identical contents: one copy issued to the applicant; one copy sent to the enterprise operating railway infrastructure (when the issuing agency is not the enterprise operating railway infrastructure), to the Vietnam Railway Administration or the organization or individual owning the dedicated railway line (when the issuing agency is the enterprise operating railway infrastructure); one copy retained by the issuing agency.

Article 10. Contents of the Permit

1. The main contents of the permit include:

a) Location and position of the construction project or activity implementation;

b) Name and type of the construction project or activity;

c) Scale of the construction project or activity;

d) Main construction methods and environmental protection measures;

đ) Validity of the permit, start date, end date;

e) Other contents prescribed for each type of construction project or activity.

2. The permit shall be issued according to the model specified in Appendix No. 2 attached to this Regulation.

Article 11 Extension of permit

1. The applicant must proceed with the procedures to request an extension of the permit in the following cases:

a) More than one month from the date permitted to commence construction or begin implementing the activity as recorded in the permit, the project has not commenced construction or has not started implementing the activity;

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

2. The application file for an extended permit includes:

a) A request for an extended permit, clearly stating the reasons for requesting an extension;

b) The original permit already issued.

3. The time to consider granting an extended permit shall not exceed five working days from the date of receipt of the complete valid application file; in case of refusal to extend, the issuing agency must notify in writing the reasons for not extending.

4. The agency responsible for issuing an extended permit is the agency that issued the original permit.

Chapter III

AUTHORITY AND RESPONSIBILITY OF THE PERMIT ISSUING AGENCY

AND ENTERPRISES OPERATING RAILWAY INFRASTRUCTURE

Article 12. Authority to Issue Permits

1. For national railways:

a) The Vietnam Railway Administration shall issue permits for the following permanent structures when newly constructed or renovated and upgraded, involving changes in shape, size, load-bearing structure of the structure itself or related railway structures:

- Bridges, overpasses, underpasses;

- Drainage culverts with an area of drainage of 1.0 m² /second or more;

- Pipelines (including protective pipelines) with a diameter of 500 mm or more;

- Power facilities with voltage of 35 kV or higher.

b) Enterprises operating railway infrastructure shall issue permits for:

- Temporary construction projects (the usage period of the project does not exceed twelve months);

- New construction or renovation and upgrading projects not covered by point a of Clause 1 of this Article;

- Activities that must be carried out within the protected zone of railway structures and railway traffic safety corridors.

c) Issuance of permits for new construction, renovation, and upgrading of level crossings shall be conducted in accordance with the Level Crossing Regulations.

2. Organizations and individuals with dedicated railway lines shall organize the issuance of permits for construction projects and activities within the protected zones and railway traffic safety corridors of their dedicated railway lines.

Article 13. Responsibilities of the Permit-Issuing Agencies and Organizations

1. Publicly display the conditions, procedures, and application files and procedures for issuing permits at the headquarters of the issuing agency.

2. Provide written information related to the issuance of permits upon request of the applicant. The deadline for providing information is a maximum of seven working days from the date of receipt of the request.

3. Bear legal responsibility for the issuance of permits and compensate for damages (if any).

4. Resolve complaints and denunciations regarding the issuance of permits in accordance with the laws on complaints and denunciations.

5. Inspect the implementation of construction projects and activities according to the issued permits.

6. Stop construction projects and activities when violations are discovered; in cases where a cessation decision has been made but the permit holder continues to violate, revoke the permit and transfer it to the competent authority for handling.

7. Archive permit issuance files and completion files for monitoring and management.

8. Shall not designate organizations or individuals to design for the applicant's design work.

9. Collect, manage, and use permit issuance fees in accordance with current regulations.

Article 14. Responsibilities and Authorities of Enterprises Operating Railway Infrastructure

1. Before commencing construction or implementing activities:

a) Guide organizations and individuals who wish to construct or implement activities within the protected zones of railway structures and railway traffic safety corridors to prepare application files for permits;

b) Issue permits according to the分级授权体系，请直接给出翻译结果，不要解释。

c) Coordinate with the project investor, organizations, and individuals requesting the issuance of permits in accordance with the provisions of Clause 4, Article 7 and Clause 1, Clause 5, Article 16 of this Regulation;

d) Hand over the site to the construction unit for implementation of the works or activities.

2. During the construction of the works or implementation of the activities:

a) Inspect and supervise the implementation of regulations ensuring construction site safety and traffic safety during construction in accordance with permits and relevant laws;

b) Have the authority to suspend or temporarily halt construction projects or activities that are not in compliance with permits or do not ensure construction site safety and traffic safety.

3. After completion of the project or termination of the activity: Participate in acceptance, reclaim the construction site and completion records for management, monitoring, and utilization as prescribed.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF THE INVESTOR, ORGANIZATIONS, AND INDIVIDUALS REQUESTING PERMITS

RIGHTS AND RESPONSIBILITIES OF THE INVESTOR, ORGANIZATIONS, AND INDIVIDUALS REQUESTING PERMITS

Article 15. Rights of investors, organizations, and individuals requesting permits

1. Request the issuing authority to explain, guide, and implement the regulations regarding permit issuance correctly;

2. Lodge complaints or reports against violations of the law in the permit issuance process.

Article 16. Responsibilities of investors, organizations, and individuals requesting permits

1. When establishing a construction project within the railway protection zone or railway safety zones, they must obtain written opinions from the competent state management agencies on railways and railway infrastructure businesses.

2. Submit complete application files and bear responsibility for the authenticity of the application files.

3. Pay the permit issuance fee as stipulated.

4. Only commence construction or activities after obtaining a permit issued by the competent authority; any changes to the design must be approved by the issuing authority.

5. Before commencing construction or activities, agree with the railway infrastructure business on the construction period, complete handover procedures for the construction site, and conduct activities.

6. Bear responsibility for managing and ensuring smooth and safe transportation operations in the handed-over area from the date of receiving the construction site.

7. Upon completion of the project or work, remove any obstacles caused by construction or activities; hand over the site and completion records to the railway infrastructure business.

8. Compensate for damages caused to railway works and railway transportation safety according to the law.

Chapter V

IMPLEMENTATION

Article 17. Implementation

1. The Vietnam Railway Administration is responsible for implementing this Regulation.

2. Any difficulties encountered during implementation should be promptly reported to the Ministry of Transport for consideration and resolution.

Article 18. Inspection and supervision

The inspection and supervision of the implementation of this Regulation shall be carried out in accordance with the law on inspection and supervision./.