Thông tư 07/2022/TT-BGTVT của Bộ Giao thông vận tải về việc sửa đổi, bổ sung một số điều của Thông tư 25/2018/TT-BGTVT về đường ngang và cấp giấy phép xây dựng công trình thiết yếu trong phạm vi đất dành cho đường sắt

CIRCULAR

Amendments to certain Articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossing and issuance of permits for construction of essential works on Land for rail transport

Pursuant to the Law on Railway Transport dated June 16, 2017;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of the Government of Vietnam on function, tasks, powers and organizational structures of the Ministry of Transport of Vietnam;

At the request of the Director General of the Transport Infrastructure Department and Director General of Vietnam Railway Authority;

The Minister of Transport promulgates a Circular on amendments to certain articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossing and issuance of permits for construction of essential works on land for rail transport

Article 1. Amendments to certain articles of Circular No. 25/2018/TT-BGTVT dated May 14, 2018 of the Minister of Transport on level crossing and issuance of permits for construction of essential works on land for rail transport

1. Amendments to Article 42:

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An application for issuance of a permit for construction, improvement and upgrade of level crossing includes:

1. A written request for issuance of the permit as prescribed in Appendix 8 hereof.

2. Primary documents or certified copies or copies attached to a primary document for comparison or electronic copies having a legal value (when following administrative procedures by electronic means) of the following documents:   

a) A decision on approval for a project on work construction investment;

b) A decision on approval for a technical drawing or construction drawing of the level crossing;

c) An approved profile of technical drawings or construction drawings of the level crossing;

d) A plan for organizing construction of the level crossing and traffic safety measures in the period of construction approved by a competent authority or an investor.”.

2. Amendments to Article 44:

“Article 44. Application for removal of level crossing

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1. A written request for removal of the level crossing according to Appendix 10 hereof.

2. Primary documents or certified copies or copies attached to a primary document for comparison or electronic copies having a legal value (when following administrative procedures by electronic means) of documents on determining the level crossing which is useless.”.  

3. Amendments to Article 46:

“Article 46. Application for renewal of permits for construction, improvement and upgrade of level crossing

An application for renewal of a permit for construction, improvement and upgrade of level crossing includes:

1. A written request for renewal of the permit according to Appendix 12 hereof.

2. Primary documents or certified copies or copies attached to a primary document for comparison or electronic copies having a legal value (when following administrative procedures by electronic means) of written proofs of reasons for request for renewal; and overall developments of the project approved by a competent authority.”.

4. Amendments to Article 49:

“Article 49. Application for issuance of permits for construction of essential works on land for rail transport

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1. A written request for issuance of the construction permit as prescribed in Appendix 14 hereof.

2. Primary documents or certified copies or copies attached to a primary document for comparison or electronic copies having a legal value (when following administrative procedures by electronic means) of the following documents:   

a) A decision on approval for a project or a document on appointing an investor of the work;

b) A decision on approval for a technical drawing or construction drawing; a photocopy of the current condition (for a work of improvement and upgrade);

c) An approved profile of the technical drawing or construction drawing;

d) A legal document of a state regulatory authority which has a power to determine the work which must be constructed on land for rail transport: a planning document approved by a competent authority or an agreement of the People’s Committee of a district or higher relating to the construction of the work on land for rail transport;

dd) Overall developments approved by a competent authority;

e) A plan for organizing construction of the work and traffic and construction safety measures in the period of construction.".

5. Amendments to Article 51:

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An application for renewal of a permit for construction of an essential work on land for rail transport includes:

1. A written request for renewal of the permit according to Appendix 16 hereof.

2. Primary documents or certified copies or copies attached to a primary document for comparison or electronic copies having a legal value (when following administrative procedures by electronic means) of written proofs of reasons for request for renewal; and overall developments of the project approved by a competent authority.”.

6. Replacement of the phrase “network environment” by the phrase “electronic environment” in Articles 43, 45, 47, 50 and 52.

Article 2. Organizing implementation

1. This Circular comes into force from June 01, 2022.

2. Chief of the Ministry Office, Chief Inspector of the Ministry, Director Generals of Directorate for Roads of Vietnam, Director Generals of Vietnam Railway Authority, Directors of Departments of Transport of provinces or central-affiliated cities, heads of relevant agencies, organizations and individuals are responsible for the implementation of this Circular.

3. Authorities and units should report difficulties that arise during the period of implementation of this Circular to the Ministry of Transport of Vietnam for consideration and settlement./.

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PP. MINISTERDEPUTY MINISTERNguyen Ngoc Dong