1. Procedures for granting construction permits for essential works:

1.1. Prepare documents:

Pursuant to Clause 2, Article 1 of Circular 13/2020/TT-BGTVT amending and supplementing Circular 50/2015/TT-BGTVT on management and protection of road traffic infrastructure regulating license application documents Construction of essential works includes the following documents:

– Application for a construction permit (application according to the form in Appendix 4 issued with Circular 50/2015/TT-BGTVT);

– 02 sets of construction design drawings and construction organization measures approved by competent authorities (originals). Note that the content of construction design drawings and construction organization measures must show the following contents:

+ Contents of construction design drawings:

++ Shows the scale of the project;

++ Essential construction items within the scope of protecting road traffic infrastructure;

++ The contents specified in Points b, c, d, Clause 4, Article 13 of Circular 50/2015/TT-BGTVT are amended by Clause 2, Article 1 of Circular 39/2021/TT-BGTVT.

+ Construction organization measures show:

++ Construction plan;

++ Plan to ensure safety in construction, traffic safety and traffic organization.

1.2. Submit:

Organizations and individuals carrying out procedures for granting construction permits for essential works shall submit the above prepared documents to the competent authorities by one of the following methods:

– Submit application directly;

– Submit application via postal system;

– Submit applications in appropriate forms.

The competent authority to receive applications for construction permits for essential works is the Road Management Department or the Department of Transport assigned to manage the route.

1.3. Document handling:

- Receiving records:

+ In case of direct application: after checking the composition of the application, if the application is in accordance with regulations, the application will be received; If the dossier does not comply with regulations, guide organizations and individuals to complete the dossier.

+ In case of indirect submission (via postal system or other appropriate forms), the competent agency receives the application. If the dossier is not complete as prescribed, no later than 02 working days from the date of receipt of the dossier, there must be written instructions for the organization or individual to complete.

– Evaluate documents and return results:

+ The agency competent to handle administrative procedures shall evaluate the dossier and, if eligible, must issue a written approval for the construction of essential works and issue a construction permit for essential works.

+ In case of disapproval or refusal to issue a permit to construct essential works, there must be a written response clearly stating the reason.

– Time limit for granting construction permits for essential works: no more than 7 working days from receipt of complete documents according to regulations.

2. Regulations on essential construction works within the scope of protection of road traffic infrastructure:

– Essential works include:

+ Works serving the requirements of ensuring security and national defense;

+ Works with special technical requirements that cannot be located outside the protective scope of road traffic infrastructure, including:

++ Telecommunication projects;

++ Electricity projects;

++ Road lighting works;

++ Water supply works;

++ Drainage works;

++ Gasoline, oil, gas, energy, chemical projects.

– In cases where it is not possible to build outside the protected area of ​​road traffic infrastructure, essential works may be permitted by competent authorities to be built within the protected area of ​​traffic infrastructure. road but must ensure the following principles:

+ Essential works must be designed, appraised, approved and other procedures carried out according to the provisions of construction law;

+ Essential works must not affect the maintenance, structure and function of road works, must ensure safety for road traffic and other surrounding works;

+ Essential works must be consistent with architectural and construction planning, urban aesthetics and environmental protection.

– For essential works attached to bridges:

+ Project not approved:

++ Energy supply pipelines (petroleum, gas, gas);

++ Chemical pipelines;

++ Materials do not meet regulations on fire, explosion and corrosion prevention;

++ Electricity works have a nominal voltage of high voltage according to the provisions of electricity law.

+ For newly built bridges with technical box designs and support sets to install essential structures: approval for installation of essential structures attached to the bridge must be consistent with the design of the bridge structure. , load, size and other factors;

+ Investors constructing essential works must hire qualified consultants to conduct inspection and appraisal of the installation of essential works for traffic safety and bridge safety before going into implementation. Procedures for approval to build essential works attached to bridges.

– For essential works underground through roads:

+ For underground works passing through roads, construction must be done using the underground drilling method. In cases where underground drilling is not possible, the road surface excavation method must be used;

+ Essential works are not allowed to be placed in horizontal drainage sewers. In the case of passing through technical sewers, if there is enough space, owners of essential works are allowed to install in technical sewers;

+ In case of constructing essential works across the road using underground drilling method, the following technical requirements must be met:

++ Have pipes or outer boxes made of durable materials to ensure the stability of essential structures and must be suitable for the load of the road;

++ The distance from the lowest point of the road surface to the highest point of the essential structure is at least 0.1 meter but not less than the thickness of the pavement structure.

+ In case the road must be excavated to build essential works across the road, the following technical requirements must be met:

++ Must build tunnels, trenches, technical boxes, and external protective pipes to meet the design standards of the route;

++ The top point of the shell of tunnel structures, trenches, technical boxes, and external protective pipes must be at least 0.3 meter lower than the bottom of the road construction foundation but must not be less than 1 meter from the road surface. ,0 meters;

++ Tunnels, trenches, and technical boxes must have enough space to place essential works and carry out essential maintenance work when necessary, and must have procedures for operating, exploiting, and maintaining works.

– For goods conveyors, pipes and tunnels for domestic water supply and drainage, serving agriculture and hydroelectric construction across roads, the following regulations must be met:

+ Construction location must not affect traffic safety and environmental landscape;

+ The project must be inspected for traffic safety and load-bearing safety;

+ The road crossing must be enclosed, ensuring aesthetics and environmental hygiene;

+ Must ensure regulations on height and horizontal distance according to the provisions of law

+ Construction design documents must be verified and assessed for construction safety according to the provisions of construction law.

– For propaganda projects and policies of the Party and state:

+ Do not install works that propagate the Party and State's policies and guidelines within flat curves, vertical curves, or sloping roads that obstruct visibility;

+ Propaganda project construction design documents must be verified and appraised for project safety according to the provisions of construction law.

– Troubleshooting of essential works: when detecting or receiving information about essential work incidents within the scope of protection of road traffic infrastructure, the investor or owner shall or the person assigned to manage and use essential works must be responsible for immediately fixing the problem and fully implementing relevant legal regulations. In case the problem is not remedied in time, affecting road traffic, the road management agency shall organize remediation to ensure smooth and safe traffic. The investor, owner or person assigned to manage and use essential works must bear all responsibilities and costs for troubleshooting.

– In case of essential works built outside the protective scope of road traffic infrastructure, if they affect traffic safety or the safety of road traffic infrastructure, they must be approved by the management agency. The competent road authority has its approval.

– Essential works that are approved for construction and granted a construction permit must be moved promptly at the request of the competent road management agency without receiving compensation or transportation support; The investor or user of essential works must bear all responsibility related to the construction and relocation of essential works.

Legal documents used in the article:

– Circular 13/2020/TT-BGTVT amending the Circular on protecting road traffic infrastructure;

– Circular 50/2015/TT-BGTVT on management and protection of road traffic infrastructure;

– Circular 39/2021/TT-BGTVT amending Circular 50/2015/TT-BGTVT guiding the implementation of a number of articles of Decree 11/2010/ND-CP;

– Circular 35/2017/TT-BGTVT amending regulations on road traffic infrastructure management.