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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
13/2020/TT-BGTVT
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Hanoi, June 29,
2020
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CIRCULAR
AMENDMENTS
TO CIRCULAR NO. 50/2015/TT-BGTVT DATED SEPTEMBER 23, 2015 OF MINISTER OF TRANSPORT
ON GUIDING IMPLEMENTATION OF DECREE NO. 11/2010/ND-CP DATED FEBRUARY 24, 2010
OF THE GOVERNMENT ON MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE
FACILITIES AND CIRCULAR NO. 35/2017/TT-BGTVT DATED OCTOBER 9, 2017 OF MINISTER
OF TRANSPORT ON AMENDMENTS TO CIRCULAR NO. 50/2015/TT-BGTVT DATED SEPTEMBER 23,
2015 OF MINISTER OF TRANSPORT ON GUIDING IMPLEMENTATION OF DECREE NO.
11/2010/ND-CP DATED FEBRUARY 24, 2010 OF THE GOVERNMENT ON MANAGEMENT AND
PROTECTION OF ROAD INFRASTRUCTURE FACILITIES
Pursuant to the Law on Road traffic dated
November 13, 2008;
Pursuant to Decree No. 11/2010/ND-CP dated
February 24, 2010 of the Government on management and protection of road
infrastructure facilities;;
Pursuant to Decree No. 100/2013/ND-CP dated
September 3, 2013 of the Government on amendments to Decree No. 11/2010/ND-CP
dated February 24, 2010 of the Government on management and protection of road
infrastructure facilities;
Pursuant to Decree No. 12/2017/ND-CP dated
February 10, 2017 of Government on functions, tasks, powers, and organizational
structure of Ministry of Transport;
At the request of Director General of Transport
Infrastructure Department and Director General of the Vietnam Road
Administration;
Minister of Transport promulgates Circular on
amendments to Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of
Minister of Transport on guiding implementation of Decree No. 11/2010/ND-CP
dated February 24, 2010 of the Government on management and protection of road
infrastructure facilities (hereinafter referred to as “Circular No.
50/2015/TT-BGTVT”) and Circular No. 35/2017/TT-BGTVT dated October 9, 2017 of
Minister of Transport on amendments to Circular No. 50/2015/TT-BGTVT dated
September 23, 2015 of Minister of Transport on guiding implementation of Decree
No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and
protection of road infrastructure facilities (hereinafter referred to as
“Circular No. 35/2017/TT-BGTVT”).
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1. Amendments to Article 13 are
as follows:
“Article 13. Approval for construction of
essential structures, approval for construction at the same time with issuance
of permit for construction of essential structures within clearance area of
road infrastructure facilities of national highways and expressways currently
in use under management of Ministry of Transport
1. Ministry of Transport shall approve construction
of essential structures within clearance area of road infrastructure facilities
of expressways, except for electricity structures whose voltage is 35 kV or
lower.
2. Vietnam Road Administration shall approve
construction of essential structures within clearance area of road
infrastructure facilities of national highways under management of Ministry of
Transport in case of:
a) New construction, renovation, upgrade, and
expansion of essential structures within clearance area of road infrastructure
facilities of national highway whose total length exceeds 1 km, except for
electricity structures whose voltage is 35 kV or lower;
b) Electricity structures whose voltage is higher
than 35 kV (except for power line traversing across above national highways and
situated outside of safety corridors of national highways); water supply and
drainage pipelines whose diameter exceeds 200 mm; hydraulic, hydropower and
conveyor structures; fuel and chemical pipelines; bridges and culverts
traversing across national highways;
c) Construction of essential structures related to
management relating to management authority of at least 2 national highway
management entities;
d) Construction of essential structures attached to
bridges whose total length exceeds 100 m; construction of essential structures
in road tunnels.
3. Road Management Departments and Departments of
Transport shall approve construction of essential structures, and approve
construction at the same time with issuing permit for construction of essential
structures within clearance area of road infrastructure facilities of national
highways and expressways assigned for management as follows:
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b) Approve construction of essential structures at
the same time with issuing permit for construction of essential structures in
case of: repair of essential structures; electricity structures whose voltage
is 35 kV or lower constructed within clearance area of road infrastructure
facilities of national highways and expressways; power, information and
telecommunication lines crossing above the road with poles installed outside of
road safety corridors but compliant to regulations and law on overhead
clearance and vertical separation distance specified under Decree No.
11/2010/ND-CP, Decree No. 100/2013/ND-CP and this Circular.
4. Application for approval of construction of
essential structures; application for approval of construction at the same time
with issuance of permit for construction of essential structures consists of:
a) Application for construction of essential
structures within clearance area of road infrastructure facilities shall
conform to forms under Annex 1 attached to this Circular;
b) Drawings for design of investment projects,
design dossiers of essential structures (technical design or drawings for
construction design), economic – technical reports consisting of information on
location and running distance of road facilities situated where the essential
structures are constructed; drawings showing area and dimensions of essential
structures within premises of road facilities and within area for pedestrians;
drawings showing vertical plane and vertical distance from essential structures
above or below to the surfaces of road facilities, horizontal distance from
poles, lines, pipes and other parts of essential structures to the outer edges
of vertical water drainage channels, driveways or internal roads; parts of road
facilities that require digging and drilling during construction of essential
structures; structural design and method of returning road facilities affected
by the construction of essential structures to their original states;
c) With respect to essential structures constructed
within road central reservations, in addition to regulations under Points a and
b of this Clause, information on vertical distance from the essential
structures to the surface of central reservations, from the essential
structures to the outer edge of the central reservations;
d) Essential structures installed in bridges,
tunnels or road facilities with complicated structure require reports on design
appraisal results in addition to regulations under Points a and b of this
Clause;
dd) In case of approval for construction at the
same time with issuance of permit for construction of essential structures,
application shall consist of forms under Annex 1a and documents specified under
Point b Clause 2 Article 14 of this Circular.
5. Procedures for implementation shall comply with
regulations prescribed in Article 19 of this Circular.
6. Deadline:
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b) In case of approval for construction at the same
time with issuance of permit for construction of essential structures, deadline
for processing documents shall comply with Point b Clause 4 Article 14 of this
Circular.
7. If structure owners fail to commence
construction or successfully adopt procedures for construction within 18 months
from the date on which written documents on approval for construction of
essential structures, and approval for construction at the same time with
issuance of permit for construction of essential structures, the owners shall
extend the written documents on approval. Procedures for extension are as
follows:
a) Application form specified under Annex 2
attached to this Circular;
b) Deadline: 5 working days from the date on which
application for extension is received;
c) Extended period: extension shall only be
performed once which lasts no more than 12 months;
d) Procedures for implementation shall comply with
regulations prescribed in Article 19 of this Circular.”.
2. Amendments to Article 14 are as
follows:
“Article 14. Issuance of permit of construction
of essential structures within clearance area of road infrastructure facilities
of national highways and expressways currently in use
1. Competent agencies capable of issuing
construction permit shall be Road Management Departments and Departments of
Transport which are assigned to manage national highways, expressways, and road
invested for construction, operated and utilized in form of public-private
partnerships within their management.
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a) Application form specified under Annex 4
attached to this Circular;
b) 2 drawings for construction design and
construction methods approved by competent agencies (master registers). Details
of drawings for construction design shall display structure scale, essential
work items within clearance area of road infrastructure facilities and contents
specified under Points b, c, and d Clause 4 Article 13; methods of construction
shall display methods of construction and methods of ensuring safety during
construction, traffic safety and traffic organization.
3. Procedures for implementation shall comply with
regulations prescribed in Article 19 of this Circular.
4. Deadline for issuance of construction permit of
essential structure and deadline for issuance of construction approval at the
same time with construction permit of essential structures shall be:
a) No more than 7 working days from the date on
which adequate application has been received as per the law, except for cases
specified under Point b of this Clause;
b) No more than 4 working days from the date on
which adequate application has been received (excluding the period of on-site
inspection) in case of approval of construction at the same time with issuance
of construction permit for electricity structures with voltage is 35 kV or
lower whose total length is less than 1 km within clearance area of road
infrastructure facilities. In case of on-site inspection, the deadline for
approving construction and issuing construction permit at the same time shall
not exceed 10 working days.
5. Agencies issuing construction permit for
essential structures specified under Clause 1 of this Article are responsible
for examining, assessing, inspecting and verifying warranty expiration in case
of returning road infrastructure facilities to their original states after
construction and repair of essential structures.”.
3. Amendments to Point c Clause 2
Article 19 are as follows:
“c) Competent agencies capable of processing
administrative procedures shall appraise the application, in case of adequate
application, issue documents approving construction of essential structures and
issue construction permit for essential structures, or issue documents
approving construction at the same time with issuing construction permit for
essential structures within clearance area of road infrastructure facilities.
In case of rejection, issue written respond and reason.”.
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1. Annul Clause 3 Article 21, Point d Clause 2
Article 23, Point d Clause 1 Article 24 of Circular No. 50/2015/TT-BGTVT of
Minister of Transport.
2. Annul Clause 6, Clause 7, Point d and Point dd
Clause 10 Article 1 of Circular of No. 35/2017/TT-BGTVT of Minister of
Transport.
Article 3. Entry into force
This Circular comes into force from August 15,
2020.
Article 4. Implementation
The Chief of the Ministry Office, the ministerial
Chief Inspectors, directors, Director General of Vietnam Road Administration,
heads of agencies, relevant organizations and individuals are responsible for
the implementation of this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho
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