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MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
07/2022/TT-BGTVT
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Hanoi, May 31,
2022
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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. MINISTER
DEPUTY MINISTER
Nguyen Ngoc Dong