Circular No. 80/2015/TT-BGTVT on the issuance of Permits related to construction activities within the scope of railway infrastructure protection

CIRCULAR

Article 24Regulations on issuing Permits related to construction activitieswithin the protected area of railway works

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Pursuant to the Law Railway dated June 14, 2005;

Decree No. 14/2015/NĐ-CP dated 13 the 02 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15 of the Government detailing and guiding the implementation of certain provisions of the Railway Law;

Decree No. 107/2012/Decree-CP dated February 20 the 12 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;12 the proposal of the General Staff Chiefonconstruction and publication of load orders and speed orders on national railways, urban railways running concurrently with national railways, and dedicated railways.

At the proposal of Director of the Infrastructure Department and VT dated May,

Minister of Ministry of Transport issues this Circular regulating the issuance of Permits related to construction activities within the protected area of national railway works and dedicated railways. 1. This Circular stipulates the procedures and formalities for issuing Permits related to construction activities of works not belonging to railway infrastructure within the protected area of national railway works and dedicated railways.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. This Circular does not apply to level crossings.

This Circular applies to organizations and individuals in the issuance of Permits related to construction activities of works not belonging to railway infrastructure within the protected area of national railway works and dedicated railways.

Article 2. Applicability

1. Railway infrastructure includes railway works, the protected area of railway works, and the railway traffic safety zone.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

2. Railway works are construction projects serving railway transportation, including tracks, bridges, culverts, tunnels, retaining walls, barriers, stations, drainage systems, communication and signaling systems, power supply systems, and other auxiliary facilities of the railway.

3. The protected area of railway works is the surrounding area around the works aimed at preventing acts that infringe upon the stability and lifespan of the works and facilitating maintenance work on railway works.

Article 4. Principles for Issuing Permits

1. Permit issuance must be consistent with detailed railway construction plans approved by competent authorities; comply with technical standards and regulations; adhere to legal provisions on protecting railway works, ensuring the safety of railway works, railway transportation safety, natural scenery protection, and environmental protection.

2. Permits shall only be issued for new construction works, temporary works, renovation, and upgrading of works not belonging to mandatory railway infrastructure that must be constructed within the protected area of railway works.

Works eligible for Permit consideration

Article 51. Works eligible for Permit issuance include:

a) New construction works: defense and security works; bridge, overpass, tunnel, culvert works; water conservancy, telecommunications, power transmission works; water supply and drainage pipelines; oil, gas, and gas pipelines; works with special technical requirements that cannot be located outside the protected area of railway works;

b) Renovation and upgrade works involving changes in shape, size, load-bearing structure of the works or related railway works;

c) Temporary works for construction purposes.

2. Works eligible for Permit issuance under Clause 1 of this Article must be relocated promptly according to the requirements of competent state authorities and shall not be entitled to compensation.

ISSUANCE OF PERMITS RELATED TO CONSTRUCTION ACTIVITIES

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Article 6. Application Documents

1. The application documents for Permit issuance include:on EDUCATION ||| Certificate roadDeclaration, re-declarationsession number

a) An application form for Permit issuance as prescribed in Appendix 1 attached to this Circular;

b) Decision approving the project or document assigning the investor's tasks;

c) Technical design documents and construction drawings already approved (attached to the approval decision); current condition photographs (for renovation and upgrade works).

c) Technical design documents and construction drawing design documents that have been approved (attached to the approval decision); current condition photographs (for renovation and upgrade projects).

2. Number of files: 01 set.

Article 7. Procedure voluntarily, specialized agency under the People's Committee of the province/city.June 2024;c Qu procedure carrying out, if currently the ||| Certificate roadDeclaration, re-declarationsession number

1. Organizations and individuals wishing to construct, renovate, or upgrade works shall submit applications directly or through postal services or other appropriate means to the authority issuing permits as stipulated in Clause 1 and Clause 2 of Article 10 of this Circular.

2. Within two working days from the date of receipt of the application, the authority issuing permits shall be responsible for reviewing, notifying, and guiding in writing organizations and individuals requesting permits to complete missing information (if any).

3. After the application for permit issuance is completed, the authority issuing permits shall be responsible for sending the application to seek opinions (if necessary) to relevant agencies and units:

a) Railway infrastructure management enterprises for national railway protection zones;

b) Organizations managing and using dedicated railways for dedicated railway protection zones.

4. Within five working days from the date of receipt of the opinion solicitation document, the relevant agencies and units specified in Clause 3 of this Article shall be responsible for replying in writing; if they fail to provide a written response beyond the aforementioned period, it shall be deemed as approval.

5. Based on the application for permit issuance, the opinions of relevant agencies and units (if any), and according to construction technical standards and related legal documents, the authority issuing permits shall review the application and conduct on-site inspections (if necessary) to decide on the issuance of the permit. In cases where the permit is not issued, the authority issuing permits must provide a written response stating the reasons.

6. Time limit for issuing permits:

a) Five working days from the date of receiving all required documents for cases that do not require opinions from relevant agencies and units and do not require on-site inspections;

b) Ten working days from the date of receiving all required documents for cases that do not require opinions from relevant agencies and units but require on-site inspections;

c) Fifteen working days from the date of receiving all required documents for cases that require opinions from relevant agencies and units and require on-site inspections.

7. The permit shall be issued in accordance with the form prescribed in Appendix 2 attached to this Circular.

8. The validity period of the permit shall be based on the request of organizations and individuals wishing to construct or renovate works but shall not exceed the construction schedule of the project's components within the railway protection zone.

Article 8. Extension THE Certificate roadDeclaration, re-declarationsession number

1. In cases where the work is not completed within the time limit stated in the permit, organizations and individuals must apply for an extension of the permit.

2. Procedures and methods of implementation:

a) The application for extending the permit in accordance with the form prescribed in Appendix 3 attached to this Circular shall be submitted directly or through postal services to the authority issuing permits;

b) The extension of the permit shall be granted within no more than five working days from the date of receiving all required documents; in cases where the extension is not granted, the authority issuing permits must notify in writing and state the reasons.

3. Each permit may only be extended a maximum of twice; each extension period shall not exceed twelve months.

4. The decision on extending the permit shall be made in accordance with the form prescribed in Appendix 4 attached to this Circular.

Article 9. Revocation recovery, cancellation Certificate roadDeclaration, re-declarationsession number

1. Cases for revocation of permits:

a) The permit was issued contrary to current regulations;

b) Organizations or individuals granted the permit fail to comply with requirements stipulated in the violation handling document regarding construction within the protected area of railway works.

2. Cancellation of Permit

Within ten days from the date of the decision on revoking the permit by the competent authority, if organizations or individuals granted the permit do not return the permit, the issuing authority or the authority that made the cancellation decision shall cancel the permit and notify the relevant agencies and units using the permit.

Article 10. Competence to issue, extend, revoke, and cancel permits

1. The Director of the Vietnam Railway Administration issues permits for projects within the protected area of national railway works.

2. The owner of dedicated railways or the person authorized to issue permits for projects within the protected area of their dedicated railways.

3. The authority issuing the permit has the right to extend, revoke, and cancel the permit it issued.

4. The superior authority of the permit-issuing authority decides to revoke or cancel the permit issued by a subordinate authority if it is not in accordance with regulations.

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TROther protection scopesCH DUTIES, POWERS LIMITS, OBLIGATIONS OF ORGANIZATIONS ANDINDIVIDUALS INVOLVED IN THE ISSUE OF PERMITS

Article 11. Responsibilities NATIONAL, ON THE of specialized agency under the People's Committee of the province/city.o quan ||| Certificate roadDeclaration, re-declarationsession number

1. Responsibilities:

a) Publicly display procedures for issuing permits at the office;

b) Provide information related to the issuance of permits, including regulations, procedures, and bases for administrative procedures when requested by organizations or individuals applying for permits. The deadline for providing information is no later than seven working days from the date of receipt of the written request;

c) Issue and extend permits in accordance with regulations and bear legal responsibility for the issuance of permits;

d) Maintain records of permit issuance for monitoring and management;

đ) Collect, manage, and use fees for issuing permits (if applicable) in accordance with current regulations;

e) Inspect, audit, and supervise the implementation of issued permits.

2. Authorities:

a) Suspend construction work when discovering or receiving reports of construction work inconsistent with the issued permit; if there is a suspension decision but the organization or individual holding the permit continues to violate, the permit will be revoked or canceled according to regulations or transferred to the competent authority for handling under the law;

b) Refuse to issue or extend permits if the requirements set forth in Articles 4 and 5 of this Circular are not met.

Article 12. Responsibilities and powers of enterprises managing, operating, and trading railway infrastructure or organizations managing and using dedicated railways

1. Responsibilities:

a) Participate in opinions on the impact of proposed projects on the safety of railway works and railway transportation safety when requested;

b) Hand over the site to the organization or individual granted the permit for construction and take back upon completion of the project;

c) Agree with the organization or individual granted the permit on the time for closure to serve construction;

d) Inspect compliance with regulations ensuring the safety of railway works and railway transportation safety during construction according to the permit and laws;

đ) Participate in final inspection, acceptance of completion documents for the project according to regulations.

2. Authorities:

a) Require organizations or individuals granted the permit to comply with regulations ensuring the safety of railway works and railway transportation safety during construction;

b) In case of discovering risks to safety during construction, require organizations or individuals granted the permit to temporarily stop construction and take measures to address the issue; promptly report to the permit-issuing authority for handling according to regulations.

Article 13. Responsibilities and authorities of organizations and individuals requesting for issuance of a Permit and the management and use of the works

1. Responsibilities:

a) Implement the provisions set out in Clause 2, Article 33 of the Railway Law;

b) Bear responsibility under the law for the truthfulness of the application dossier for the issuance of a Permit and extension of the Permit as prescribed;

c) Commence construction only after obtaining the Permit;

d) Agree with the Enterprise managing, operating, and trading railway infrastructure or Organization managing and using dedicated railways on the time for closure to serve construction; complete procedures to hand over the construction site before commencing the work;

đ) Comply strictly with the contents of the issued Permit;

e) Hand over the construction site and completion records to the Enterprise managing, operating, and trading railway infrastructure or Organization managing and using dedicated railways after completing the work;

g) Compensate for damages caused by their own fault according to the law;

h) Pay the fee for issuing the Permit as currently prescribed (if applicable);

i) Bear responsibility for ensuring the safety of the work and railway transportation safety throughout the construction process; maintain during operation;

k) Take timely measures to ensure the safety of the work and railway transportation safety when discovering or receiving reports of damage to the work;

l) Move or modify the work themselves and not claim compensation when requested by the competent authority; demolish the work themselves and bear all demolition costs when the usage period expires (for temporary construction works);

m) Coordinate with the Enterprise managing, operating, and trading railway infrastructure when carrying out maintenance activities for works outside the legally constructed railway infrastructure within the protected area of the railway;

2. Authorities:

a) Request the Permit-issuing agency to explain, guide, and implement the Permit issuance regulations;

b) Lodge complaints and denunciations against violations of the law in the Permit issuance process.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from February 1, 2016.

2. The following consolidated documents are abolished:

a) Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005 of the Minister of Transport promulgating regulations on the issuance of Construction Permits and implementation of activities within land reserved for railways;

b) Article 1 of Circular No. 28/2011/TT-BGTVT dated April 14, 2011 of the Minister of Transport amending and supplementing certain articles of the "Regulations on the issuance of construction permits and implementation of activities within land reserved for railways" promulgated by Decision No. 60/2005/QĐ-BGTVT dated November 30, 2005, "Railway Crossing Regulations" promulgated by Decision No. 15/2006/QĐ-BGTVT dated February 30, 2006, "Provisions on announcing the opening and closing of railway stations" promulgated by Decision No. 53/2007/QĐ-BGTVT dated November 6, 2007 of the Minister of Transport.

Article 15. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Administration, Directors of the Vietnam Railway Administration, Directors of Provincial Departments of Transport, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, agencies, organizations, and individuals shall report to the Ministry of Transport for consideration and resolution./.