Decree No. 91/2023/ND-CP amends and supplements certain Articles of Decree No. 65/2018/ND-CP and Decree No. 01/2022/ND-CP on detailed guidance for implementing the Railway Law. This document focuses on adjusting the authority to issue permits for constructing level crossings and extending the service life of railway transportation equipment.
Scope of application
Vietnam Railway Administration, the project investor for level crossings, competent authorities approve the construction of level crossings
Key points
- The Vietnam Railway Administration is tasked with issuing permits for level crossings constructed on national railways and public level crossings related to national highways (Article 12)
- The investor may submit the application directly, by post, or electronically to request a permit for constructing a level crossing (Article 12)
- The competent authority must respond in writing within ten working days from the date of receipt of all required documents (Article 12)
- Equipment that has reached its service life limit may continue to operate until the end of 2030 (Article 19)
🌐 Social impact of this document
- To strengthen state management of level crossings and ensure railway traffic safety
- Extending the service life of equipment helps reduce short-term investment pressure for railway transport enterprises
- Facilitating the submission of applications for permits to construct level crossings through electronic means, saving costs and time for investors
❓ Frequently asked questions
What types of level crossings does the Vietnam Railway Administration have the authority to issue permits for?
The Vietnam Railway Administration is tasked with issuing permits for level crossings constructed on national railways and public level crossings related to national highways.
What is the deadline for responding to applications for permits to construct level crossings?
The competent authority must respond in writing within ten working days from the date of receipt of all required documents.
Until which year can equipment that has reached its service life limit continue to operate?
Equipment that has reached its service life limit may continue to operate until the end of 2030.
Full text
DECREE
Amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing the implementation of certain provisions of the Railway Law and Decree No. 01/2022/NĐ-CP dated January 4, 2022 of the Government amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government.
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Railway Law dated June 16, 2017;
At the proposal of the Minister of Transport;
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing the implementation of certain provisions of the Railway Law and Decree No. 01/2022/NĐ-CP dated January 4, 2022 of the Government amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government.
Article 1. Amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing the implementation of certain provisions of the Railway Law and Decree No. 01/2022/NĐ-CP dated January 4, 2022 of the Government amending and supplementing certain Articles of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government.
1. Amending point a Clause 2, points b and đ Clause 3 Article 12 of Decree No. 65/2018/NĐ-CP as follows:
"a) Amend Point a of Clause 2 as follows:"
"a) The Vietnam Railway Administration for railway crossings constructed on national railways, public railway crossings constructed on dedicated railways related to national highways;"
b) Amend point b of Clause 3 as follows:
"b) The project proponent shall submit the application directly or send it via postal service or through electronic means to the competent authority for approval of the construction of the railway crossing as stipulated in Clause 2 of this Article. In case of submission through electronic means, the application shall include electronic copies of the documents specified in point a of this Clause and shall be made on the Information System for Administrative Procedures of the Ministry of Transport or the National Public Service Portal;"
c) Amending point đ Clause 3 as follows:
"đ) Within no more than 10 working days from the date of receipt of all required documents as stipulated in point a of this Clause, the competent authority for approval of the construction of the railway crossing must issue a written approval according to the model prescribed in Appendix II attached to this Decree; in case of disapproval, a written response with the reasons must be provided."
2. Amending Clause 2 Article 1 of Decree No. 01/2022/NĐ-CP as follows:
"Article 19. Implementation timeline for the service life of railway transportation vehicles
Vehicles that have reached their service life as prescribed in this Decree may continue to operate until December 31, 2030."
Article 2. Implementation clause
1. This Decree takes effect from January 30, 2024.
2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, and enterprises are responsible for implementing this Decree.
KT. PRIME MINISTER
DEPUTY PRIME MINISTER
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