Decree 91/2023/ND-CP amend Decree 65/2018/ND-CP, Decree 01/2022/ND-CP detail Railway Law

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Decree No. 91/2023/ND-CP dated December 14, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018, detailing a number of articles of the Railway Law, and the Government’s Decree No. 01/2022/ND-CP of January 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018
Issuing body: GovernmentEffective date:
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Official number:91/2023/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:14/12/2023Effect status:
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Fields:Transport

SUMMARY

Rolling stocks whose life expires operate through December 31, 2030

On December 14, 2023, the Government issues Decree No. 91/2023/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018, detailing a number of articles of the Railway Law and the Government’s Decree No. 01/2022/ND-CP dated January 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018, detailing a number of articles of the Railway Law. Specifically:

1. To increase the time limit for settling dossiers of proposals for approval of the crossroads construction policy:

Within 10 working days (instead of 5 working days according to current regulations) after receiving a complete dossier, the agency or organization competent to approve the crossroads construction policy shall issue a written approval made according to the form. In case of disapproval, it shall issue a written reply specifying the reason.

2. The Vietnam Railways Authority has the competence to approve the policy on construction of crossroads for crossroads built on the national railway or public crossroads built on special-use railways related to national highways.

According to current regulations, authority belongs to the Ministry of Transport.

3. Rolling stocks whose useful life expires as prescribed in the Decree No. 65/2018/ND-CP may operate through December 31, 2030.

This Decree takes effect from January 30, 2024.
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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 91/2023/ND-CP

 

Hanoi, December 14, 2023

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018, detailing a number of articles of the Railway Law, and the Government’s Decree No. 01/2022/ND-CP of January 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 16, 2017 Railway Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018, detailing a number of articles of the Railway Law, and the Government’s Decree No. 01/2022/ND-CP of January 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018, detailing a number of articles of the Railway Law (below referred to as Decree No. 65/2018/ND-CP), and the Government’s Decree No. 01/2022/ND-CP of January 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 65/2018/ND-CP of May 12, 2018 (below referred to as Decree No. 01/2022/ND-CP)

1. To amend Point a, Clause 2, and Points b and dd, Clause 3, Article 12 of Decree No. 65/2018/ND-CP as follows:

a/ To amend Point a, clause 2 as follows:

“a/ The Vietnam Railway Authority, for crossroads built on national railways, and public crossroads built on special-use railways related to national highways;”;

b/ To amend Point b, Cause 3 as follows:

“b/ The project owner shall hand-deliver the dossier or send it by post or by electronic means to the agency or organization competent to approve the policy of building crossroads as specified in Clause 2 of this Article. In case of sending the dossier by electronic means, the dossier must comprise electronic copies of the documents specified at Point a of this Clause and shall be processed on the Ministry of Transport’s information system for settlement of administrative procedures or the National Public Service Portal;”;

c/ To amend Point dd, Clause 3 as follows:

“dd/ Within 10 working days after receiving a complete dossier as specified at Point a of this Clause, the agency or organization competent to approve the policy of building crossroads shall issue a written approval, made according to the form provided in Appendix II to this Decree; in case of disapproval, it shall issue a written reply, clearly stating the reason.”.

2. To amend Clause 2, Article 1 of Decree No. 01/2022/ND-CP as follows:

  “Article 19. Roadmap for application of useful life of rolling stocks

Rolling stocks with expired useful life as prescribed in this Decree may operate through December 31, 2030.”.

Article 2. Implementation provisions

1. This Decree takes effect on January 30, 2024.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and enterprises shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA


[1] Công Báo Nos 1317-1318 (17/12/2023)

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