Thông tư 13/2020/TT-BGTVT

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”).

Article 1. Amendments to Circular No. 50/2015/TT-BGTVT of Minister of Transport

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:

a) Approve construction of essential structures within clearance area of road infrastructure facilities assigned for management, except for cases specified under Clause 1 and Clause 2 of this Article;

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:

a) Application for approval of construction of essential structures must be processed within 7 working days from the date on which adequate documents have been received;

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.

2. Application for issuance of construction permit of essential structures consists of:

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.”.

Article 2. Annulment of points, clauses, and articles of Circular No. 50/2015/TT-BGTVT and Circular No. 35/2017/TT-BGTVT of Minister of Transport

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./.