Nghị định 56/2018/NĐ-CP quy định về quản lý, bảo vệ kết cấu hạ tầng đường sắt

THE GOVERNMENT 

Decree No. 56/2018/ND-CP dated April 16, 2018 of the Government on management and protection of railway infrastructure

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Railway Transport dated dated June 16, 2017;

At the request of the Minister of Transport;

The Government hereby adopts a Decree on management and protection of railway infrastructure.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Decree provides for management and protection of railway infrastructure, including: naming of railway lines and railway stations; removal of railway lines; safety perimeter of railway works and railway safety corridor; management and use of land area for rail transport; responsibility for management and protection of railway infrastructure.

Article 2.Subject of application

This Decree applies to foreign and domestic organizations and individuals related to management and protection of railway infrastructure and execution of activities in the vicinity of land area for rail transport that affect railway work and rail transport safety;

Article 3. Definitions

1. “Safety perimeter of a railway work” means the perimeter determined by the space, surrounding land and water areas adjacent to the railway work and is meant for management and protection of the railway work and assurance of railway work safety.

2. “Railway safety corridor” means the corridor determined by the space, surrounding land and water areas adjacent to the safety perimeter of the railway work and is meant to ensure rail transport safety, serve the recue and ensure that road users’ vision is not blocked.

3. “Railway safety corridor at a level crossing” means the land, space and water areas surrounding a railway work and road infrastructure at the level crossing and is meant for ensure rail transport safety at the level crossing, serve the recue when necessary and ensure that road users’ vision is not blocked.

4. “Removal of a railway line or a railway station” means the removal without reuse of works and work items of such railway line or railway station.

5. “Essential works” include the works that serve national defense and security; works that require sophisticated engineering techniques such as telecommunication or electricity infrastructure; water/gas/petroleum/chemical pipelines.

Chapter II

NAMING OF RAILWAY LINES AND STATIONS; REMOVAL OF RAILWAY LINES AND STATIONS

Article 4. Rules for naming railway lines and stations

1. Naming and renaming railway lines and stations

a) Existing railway lines and stations retain their existing name;

b) The naming of any existing railway line and station complies with regulations of this Decree on the basis of the request of the People’s Committee of the province which the railway passes through;

c) A railway line is named after the starting point and ending point of such line or named using ordinal numbers or continuous characters. The starting or ending point is the name of the place where the origin station or terminus of the line is located;

d) In case a branch railway line is connected to a main railway line, the starting point of the railway line is from the connection between the branch railway line and the main railway line;

dd) The railway station is named after a place, historical figure, national hero, or historic site at the location where the railway station is located, or named using ordinal numbers or characters;

e) Names of railway stations on a line should not be identical to each other, conform to national cultural identity and fine traditions and customs of the administrative divisions where such railway stations are located and the country.

2. Railway line and station names shall be published on mass media. The competent organizations and individuals specified in Article 5 of this Decree shall publish railway line and station names on mass media as per laws.

Article 5. Power of and procedures for naming and renaming railway lines and stations

1. Power to name and rename railway lines and stations

a) The Minister of Transport shall decide to name and rename national railway lines and stations;

b) The People s Council of the province shall decide to name and rename urban railway lines and stations under its management;

c) Investors shall decide to name and rename dedicated urban railway lines and stations in which they invested.

2. Procedures for naming and renaming existing railway lines and stations

a) A written request of the People s Committee of the province which the railway line passes through shall be submitted to the competent authority specified in Points a and b Clause 1 of this Article;

b) The investor who decides to name and rename existing railway lines and stations shall comply with regulations specified in Clause 1 Article 4 of this Decree.

Article 6. Requirements for removal of railway lines and stations

The removal of railway lines and stations shall be considered in the following cases:

1. Operation of railway lines and stations affects national defense and security secrets, national sovereignty and interests.

2. Railway lines and stations are no longer conformable to the railway line and station development planning approved by the competent authority.

Article 7. Removal of national railway lines and stations

1. An application for removal of a national railway line/station consists of:

a) An application form (Form No. 01 in the Appendix 1 hereof);

b) Documents concerning the national railway line/station removal project;

c) Assenting opinions of the People’s Committee of the province where the national railway line or station that is requested to be removed is available;

d) Opinions of organizations related to the national railway line or station that is requested to be removed;

dd) A railway line/station development planning approved by the competent authority related to the national railway line or station that is requested to be removed.

2. The Ministry of Transport shall prepare and submit applications for removal of national railway lines/stations to the Prime Minister for decision; take charge of removing national railway lines/stations after obtaining the decision from the Prime Minister.

3. The People’s Committees at all levels where the national railway lines/stations that need removing are available and railway infrastructure enterprises shall cooperate with the Ministry of Transport in removing national railway lines/stations.

4. The decision on removal of railway lines/stations is provided in the Form No. 02 in the Appendix 1 hereof.

Article 8. Removal of urban national railway lines and stations

1. An application for removal of an urban national railway line/station consists of:

a) An application form (Form No. 03 in the Appendix 1 hereof);

b) Documents concerning the urban railway line/station removal project;

c) Assenting opinions of the Ministry of Transport about the removal of urban railway station or line that is connected to the national railway line;

d) Opinions of organizations related to the urban railway line or station that is requested to be removed;

dd) A railway line/station development planning approved by the competent authority related to the urban railway line or station that is requested to be removed.

2. The People’s Committee of the province shall prepare and submit applications for removal of urban railway lines/stations to the Prime Minister for decision; take charge of removing urban railway lines/stations after obtaining the decision from the Prime Minister.

3. The People’s Committees at all levels where the urban railway lines/stations that need removing are available and urban railway enterprises shall cooperate with the People’s Committee of the province in removing urban railway lines/stations.

4. The decision on removal of urban lines/stations is provided in the Form No. 04 in the Appendix 1 hereof.

Chapter III

SAFETY PERIMETER OF RAILWAY WORKS AND RAILWAY SAFETY CORRIDOR

Article 9. Safety perimeter of the railway

1. The vertical overhead clearance of the railway is:

a) at least 5.3 m from the top of the rail, regarding the railway with a gauge of 1,000 mm;

b) at least 6.55 m from the top of the rail, regarding the railway with a gauge of 1,435 mm;

c) at least 7.7 m from the top of the rail, regarding the high-speed rail;

d) at least 6.3 m from the top of the rail, regarding the urban railway that uses overhead power; at least 4.3 m from the top of the rail, regarding the urban railway that uses third rail power;

dd) Regarding the operational railway line that fails to satisfy the requirements specified in Points a and b of this Clause, when renovating or upgrading the work that infringes upon the safety perimeter of the railway, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway line, and obtain approval from the competent authority before adoption.

2. The horizontal safety perimeter of both sides of the railway, regarding the surface rail, is:

a) 7.5 m from the outer edge of the outer rail, regarding the high-speed rail;

b) 5.4 m from the outer edge of the outer rail, regarding the urban railway;

c) 5.6 m from the outer edge of the outer rail, regarding the remaining railway;

3. The safety perimeter of both sides of the railway in a horizontal direction, regarding the rail embankment and rail trench is:

a) 05 m from the bottom edge of the rail embankment or the upper edge of the rail trench;

b) 03 m from the outer edge of the vertical gutter or middle gutter of the road or the outer edge of the defence work/fortification, regarding the suface where the vertical gutter/middle gutter or the defence work/fortification is available.

4. Detailed guidelines for determining the safety perimeter of the railway are provided in Clause 1 Appendix II hereof.

Article 10. Safety perimeter of railway bridges

1. The vertical overhead clearance of a railway bridge is 02 m from the highest point of the bridge and not less than the overhead clearance of the railway specified in Clause 1 Article 9 of this Decree.

2. The vertical safety perimeter of the bridge is the distance:

a) from the defense signal box on one side of the bridge to the defense signal box on the other side of the bridge, regarding the bridge that has a defense signal box;

b) from the end of one abutment to another and plus (+) 50 m to both sides, regarding the bridge that has a defense signal box;

3. The horizontal safety perimeter of the bridge is the distance from outer edge of the bridge to both sides and is determined as follows:

a) Regarding the urban viaducts, 10 m for the high-speed rail bridge; 03 m for the urban railway bridge; 05 m for the remaining railway bridge.

b) Regarding the bridges across urban rivers and canals:

10 m for the high-speed rail bridge; 05 m for the urban railway bridge and the remaining railway bridge shorter than 20 m;

20 m for the bridge that has a length of from 20 m to less than 60 m;

50 m for the bridge that has a length of from 60 m to 300 m;

100 m for the bridge that has a length of over 300 m.

c) Regarding the viaducts outside urban areas, 20 m for the high-speed rail; 03 m for the urban railway bridge; 07 m for the remaining railway bridge.

d) Regarding the bridges across rivers outside urban areas:

20 m for the bridge that has a length of less than 20 m;

50 m for the bridge that has a length of from 20 m to less than 60 m;

100 m for the bridge that has a length of from 60 m to 300 m;

150 m for the bridge that has a length of over 300 m.

dd) Detailed guidelines for determining the horizontal safety perimeter of the railway bridge are provided in Clause 2 Appendix II hereof.

4. Regarding the operational railway bridge that fails to satisfy the requirements specified in Clauses 1, 2 and 3 of this Article, when renovating or upgrading the work that infringes upon the safety perimeter of the railway bridge, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway bridge, and obtain approval from the competent authority before adoption.

5. The safety perimeter under the bridge is 02 m from the lowest point of the super-structure downwards.

6. In case a railway bridge crosses a road, inland waterway channel or navigation channel, the safety perimeter under the bridge shall comply with corresponding regulations on road, inland waterway or sea. Technical measures shall be adopted to avoid affecting the stability and service life of the railway bridge, and granted approval by the competent authority before adoption.

7. In case the safety perimeter under the bridge fails to comply with the regulations specified in Clause 6 of this Article, the organization assigned to manage the railway infrastructure shall take charge and cooperate with a relevant regulatory authority in adopting measures for ensuring safety of railway works and persons upon maintenance and repair of railway bridges.

Article 11. Safety perimeter of railway tunnels

1. The safety perimeter of a railway tunnel is 50 m from the outer point of the tunnel lining. Regarding the operational railway tunnel that fails to comply with this regulation, the project investor shall adopt technical measures to ensure safety and stability of such tunnels and transport safety, and obtain approval from the Minister of Transport before adoption.

2. The safety perimeter of the railway tunnel in urban areas includes the forbidden area and restricted area and is determined as follows:

a) The forbidden area is the land area around the tunnel, has a rectangle cross-section and is determined as follows:

For round tunnel, the distance between the edges of the forbidden area and the top and bottom of the tunnel is the same as the diameter of the tunnel lining; the distance between the edges of the forbidden area and the sides of the tunnel lining is the same as the diameter of the tunnel lining;

For rectangle tunnel, the distance between the edges of the forbidden area and the top and bottom of the tunnel is 06 m; the distance between the edges of the forbidden area and the sides of the tunnel is 03 m;

Other types of tunnels will apply the requirements of round or rectangle tunnels according to their shapes.

b) The restricted area is the land area above and outside the forbidden area, has the shape of a trapezium whose bottom edge divides the restricted area and top edge is the natural surface. Dimension of the top edge:

Within a block: 30 m from the centerline of the tunnel to the sides;

At underground station: 40 m from the centerline of the tunnel to the sides.

c) When executing construction or resource extraction or other activities within the restricted area, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway tunnels, and obtain approval from the competent authority before adoption.

d) Detailed guidelines for determining the safety perimeter of the railway tunnel in urban areas are provided in Clause 3 Appendix II hereof.

3. Apart from regulations of this Decree, the management of railway tunnels in urban areas shall comply with regulations on management of urban underground space.

Article 12. Safety perimeter of railway stations and depots

1. The overhead clearance of a railway station/depot is determined as follows:

a) The vertical overhead clearance of a railway is the distance from the highest top of the bridge according to Clause 1 Article 9 of this Decree;

b) The overhead clearance of another work is 02 m from the highest top of such work in a vertical direction and not less than the overhead clearance of the railway prescribed in Clause 1 Article 9 of this Decree.

2. The horizontal safety perimeter of railway stations and depots

a) The horizontal safety perimeter of a surface railway/depot is indicated by its fences and landmarks according to the planning;

b) The horizontal safety perimeter of the elevated railway station is 03 m from the outer edge of the station.

3. In the cases where a railway station/depot is part of a multi-purpose complex, the safety perimeter of the railway station/depot is the boundary of the entire work and space of the railway station/depot.

4. Regarding the ventilation, water supply and drainage systems, fire safety works, rescue equipment, entrances and exits and other auxiliary works, the safety perimeter is prescribed in relevant regulations of law.

Article 13. Safety perimeter of communication, signaling and power supply systems

1. The safety perimeter of communication and signaling line and boxes

a) The vertical overhead clearance is 2.5 m from the topmost line;

b) The safety perimeter of both sides is 2.5 m from the outer line;

c) The below safety perimeter is the space, land and water areas below the line and is 2.5 m from the outer line to both sides;

dd) Regarding the operational communication line and box that fail to satisfy requirements specified in Points a, b and c of this Clause, when renovating or upgrading the work that infringes upon the safety perimeter, the project investor shall adopt technical measures to avoid affecting the stability and service life of the communication, signaling or power supply system, and obtain approval from the competent authority before adoption;

dd) Detailed guidelines for determining the safety perimeter of the communication and signaling line and boxes are provided in Clause 4 Appendix II hereof.

2. The safety perimeter of railway work and railway power line shall comply with regulations of law on electricity.

Article 14. Underground safety perimeter of railway works

When constructing any work under the railway work surface, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway work, and obtain approval from the competent authority before adoption.

Article 15. Safety perimeter of rail revetments

The safety perimeter of a rail revetment is determined as follows:

1. Regarding the anti-erosion revetment

a) 50 m from both ends of the revetment to the upper reach and lower reach;

b) 20 m from the foot of the revetment to the river.

2. Regarding the flow-regulating revetment

a) 100 m from the foot of the revetment to the upper reach and lower reach;

b) 50 m from the foot of the revetment to the bank;

c) 20 m from the foot of the revetment to the river.

3. In the cases where the safety perimeter of the reventment prescribed in Clauses 1 and 2 of this Article and the safety perimeter of dikes overlap, the boundary is the midpoint of the distance between the two outer points of the two works.

Article 16. Railway safety corridor

1. The width of the railway safety corridor is the distance from the outer edge of the safety perimeter of the railway to each side. To be specific:

a) 05 m, regarding the high-speed rail within urban areas, 15 m, regarding the high-speed rail outside urban areas. Regarding the high-speed rail, it is required to build a fence around the railway safety corridor to prevent unauthorized access;

b) 03 m, regarding the surface urban railway and the remaining railway.

2. The height of the vertical railway safety corridor is the distance from the ground to the boundary of the overhead clearance of the railway prescribed in Clause 1 Article 9 of this Decree.

3. Detailed guidelines for determining the railway safety corridor are provided in Clause 1 Appendix II hereof.

Article 17. Railway safety corridor at level crossings

The railway safety corridor at a level crossing is determined as follows:

1. The minimum distance at which a train driver approaching the level crossing must be able to see it is 1,000 m.

2. Regarding the level crossing without a flagman, the vehicle operator, who is within a distance that is the same as the stop sight distance from the level crossing, must be able to see the train at a distance that is the same as his/her horizontal visibility from the middle of the intersection.

3. Detailed guidelines for determining the railway safety corridor at level crossings are provided in Clause 5 Appendix II hereof.

Article 18. Determining the railway safety corridor in case the railway runs close or adjacent to the road infrastructure or the railway and the road infrastructure are grade-separated

1. In case the railway runs close or adjacent to the road infrastructure, the railway safety corridor is determined as follows:

a) In case the railway safety corridor and road safety corridor overlap, it is required to demarcate the management boundary according to the principle of giving priority to the railway safety corridor, but the boundary of the railway safety corridor must not overlap the road infrastructure;

b) In case the road and the railway is adjacent to each other and share a vertical gutter, the boundary of the safety corridor is the bottom edge of the gutter on the more elevated surface. If the elevation is the same, the boundary of the safety corridor is the bottom edge of the gutter on the rail;

c) When constructing a new work close or adjacent to the existing railway work, it is required to construct it outside the land area for rail transport. In case of failure to construct the work outside the land area for rail transport, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway work, obtain approval from the competent authority and a construction license as prescribed by law before adoption.

2. In case the railway and the road are grade-separated, the railway safety corridor shall comply with the regulations specified in Article 16 of this Decree.

Article 19. Determining the railway safety corridor in case the railway runs close or adjacent to an inland waterway channel/navigation channel

1. In case the railway runs close or adjacent to an inland waterway channel/navigation channel, it is required to ensure that the railway and inland waterway channel/navigation channel must lie outside the traffic safety corridor of the other railway and inland waterway channel/navigation.

2. In case the railway safety corridor and inland waterway channel/navigation channel safety corridor overlap, it is required to demarcate the management boundary according to the principle of giving priority to the railway safety corridor. The inland waterway channel/navigation channel must not overlap the railway safety corridor.

3. When dredging or clearing an inland waterway channel/navigation channel that is adjacent to the railway safety corridor, it is required to avoid affecting work safety and rail transport safety.

Article 20. Determining the railway safety corridor in case the railway runs close to the high voltage grid

1. In case the railway runs close to the high voltage grid, it is required to ensure that the railway safety corridor lies outside the high voltage grid safety corridor.

2. In case the railway safety corridor and high voltage grid safety corridor overlap, it is required to demarcate the management boundary according to the principle of giving priority to the railway safety corridor. The high voltage grid must not overlap the railway safety corridor.

3. When renovating or repairing the high voltage grid that is adjacent to the railway safety corridor, it is required to avoid affecting work safety and rail transport safety.

Article 21. Determining the railway safety corridor in case the railway runs close to a national security-related work

1. In casethe railway runs close to a national security-related work, it is required to ensure that the railway safety corridor lies outside the safety corridor of the national security-related work.

2. When renovating or repairing a railway work, it is required to avoid affecting national security-related works.

Article 22. Determining the railway safety corridor in case the railway runs close to a historic site

1. In case a railway work is located near a historic site, it is required to ensure that the railway safety corridor lies outside the safety perimeter and does not affect the historic site in accordance with regulations of the law on cultural heritages.

2. In case the railway safety corridor and the safety perimeter of a historic site overlap, when renovating or repairing a railway work, it is required to avoid affecting the historic site and comply with regulations of the law on cultural heritages.

Chapter IV

MANAGEMENT AND USE OF THE LAND AREA FOR RAIL TRANSPORT

Article 23. Determining boundary of land area for rail transport

1. The land within safety perimeter of the railway work or railway safety corridor shall have its boundary determined according to coordinates and shall be uniformly updated to the cadastral dossier and land management database of the area which the railway passes through.

2. The organization assigned to manage railway infrastructure shall cooperate with People’s Committees at all levels in demarcating the boundary of the land area for rail transport.

3. The preparation, submission and approval of boundary marker planting dossiers and planting and management of boundary marker that identifies the land area for rail transport shall comply with regulations of the land law.

4. The on-site determination of the boundary marker that identifies the land area for rail transport shall be carried out within the capacity for allocation of state budget and in the following priority order:

a) Urban areas;

b) Residential areas;

c) Remaining areas.

Article 24. Documents about management of the land area for rail transport

Documents about management of the land area for rail transport include:

1. A railway line and station development planning approved by the competent authority.

2. A cadastral dossier of the area which the railway passes through according to Clause 1 Article 23 of this Decree.

3. Documents about boundary marker that identifies the land area for rail transport that are approved by the competent authority as prescribed by the land law.

4. Documents about compensation and land clearance within the land area for rail transport; the decision on allocation of land for construction of a railway work issued by the competent authority in the case of construction of a new railway work.

5. Other documents prescribed by the land law.

Article 25. Management of the land area for rail transport

1. Manage the use of land area for rail transport.

2. Prepare, manage and retain documents about management of the land area for rail transport in accordance with regulations of the laws on land and archives.

3. Update changes in the plans for use of land area for rail transport.

4. Perform other tasks prescribed by the land law.

Article 26. Construction of essential works within the land area for rail transport

1. Regarding the essential work that serve national defense, security and socio-economic development purposes and cannot be constructed outside the land area for rail transport, the project investor shall adopt technical measures to avoid affecting the stability and service life of the railway work, ensure rail transport safety, protect the environment, prevent and control fires, explosions and serve rescue. Such measures shall be conformable with the railway line and station development planning, approved by the competent authority and licensed as prescribed by law before adoption.

2. In the cases where an essential work that serve national defense, security and socio-economic development purposes has to be constructed within the railway safety corridor that overlaps the corridor prescribed in Articles 18 and 19 of this Decree, in addition to complying with the regulations specified in Clause 1 of this Article, the project investor shall submit a written request for approval to a competent authority.

Article 27. Activities carried out within and use of the land area for rail transport

1. The land within the safety perimeter of a railway work shall be only used in the following cases:

a) Temporarily gather materials, machinery and equipment for railway work construction, but it is required to avoid blocking road users’ vision and affecting railway work and rail transport safety, protect the environment and preventing fires and explosions;

b) Construct an essential work that serve national defense, security and socio-economic development purposes within the restricted area of a railway tunnel in an urban area as prescribed in Point b Clause 2 Article 11 of this Decree in case of failure to construct the work outside the safety perimeter of the railway tunnel in the urban area. The project investor shall adopt technical measures to avoid affecting the stability and service life of the work, ensure rail transport safety, and obtain approval from the competent authority and a construction license before adoption.

2. The land within the railway safety corridor shall be temporarily used for agricultural purposes. It is allowed to plant trees less than 1.5 m without affecting the stability and safety of the railway work and rail transport safety during operation.

3. Inside a railway station, advertising signboards and signboards used to disseminate traffic safety regulations shall be installed in accordance with regulations of the law on advertising and without affecting railway work safety and train operation.

4. The land inside the safety perimeter of a railway work must not be used in the following cases:

a) Construct architectures and plant trees that block road users’ vision within the railway safety corridor;

b) Construct works that are not related to railway tunnels in urban areas within the forbidden area as prescribed in Point a Clause 2 Article 11 of this Decree.

Article 28. Executing construction or resource extraction or other activities in the vicinity of the land area for rail transport

1. The minimum distance of some works in the vicinity of the land area for rail transport is determined as follows:

a) Houses from flammable materials must be at least 05 m away from the boundary of the railway safety corridor.

b) Lime kilns, pottery kilns, brick kilns, cast iron, steel, or glass melting furnaces must be at least 10 m from the boundary of the railway safety corridor.

c) Warehouses containing toxic substances, explosives, flammable substances must be constructed at a distance prescribed by relevant regulations of law from the railway safety corridor.

d) For the electricity work, passing transmission lines or both sides of the railway work, safety perimeter of the railway work and railway safety corridor, in addition to ensuring a safe distance as prescribed by law on electricity, it is required to take measures to avoid interfering railway communication and signaling systems and ensure safety in case of failure or break of the transmission lines;

dd) Regarding the telecommunication antenna mast, communication line and transmission line, the distance from the mast foot to the surface rail shoulder, the foot of the rail embankment talus, the top edge of the rail trench talus or the outer edge of the bridge, communication line and communication and signaling box must be at least 1.3 times the mast height and must be at least 5 m. In case of failure to satisfy the aforementioned regulation, it is required to obtain approval from the Minister of Transport;

e) At at-grade intersections between railways and roads without any flagman, it is not allowed to construct any work within the railway safety corridor at the level crossing as prescribed in Article 17 of this Decree.

2. Execute construction or resource extraction or other activities in the vicinity of the land area for rail transport

a) Project investors and organizations and individuals executing resource extraction or other activities that may affect the railway work and rail transport safety shall comply with Point b Clause 4 Article 23 of the Law on Railway Transport. Before carrying out resource extraction or other activities, project investors, organizations and individuals shall adopt technical measures to ensure railway work and rail transport safety, protect the environment and prevent fires and explosions, and submit them to the competent authority, railway infrastructure enterprises or urban railway enterprises to seek opinions;

b) The project on construction of a rail crossing urban area, industrial park, economic zone, residential area, trade center or other works, a collector road connected to the nearest level crossing or grade-separated junction must be built outside the boundary of the land area for rail transport. In case of renovating or upgrading a level crossing or constructing a new one, it is required to comply with the regulations specified in Clause 5 Article 17 of the Law on Railway Transport.

Chapter V

RESPONSIBILITY FOR MANAGEMENT AND PROTECTION OF RAILWAY INFRASTRUCTURE

Article 29. Responsibilities of the Ministry of Transport

1. Propose measures for handling national railway infrastructure assets after removal in order for the Ministry of Finance to handle them as prescribed by law.

2. Cooperate with the Ministry of Natural Resources and Environment in management and use of the land area for rail transport as prescribed by law.

3. Cooperate with People’s Committees of provinces and relevant ministries in disseminating and complying with regulations on management and protection of railway infrastructure.

4. Directing and instructing organizations in management and protection of railway infrastructure as prescribed by law.

5. Inspect the compliance with regulations on management and protection of railway infrastructure.

6. Formulate plans, organize and inspect prevention and repair of damages to railway works due to natural disasters or conflicts.

Article 30. Responsibilities of the Ministry of Finance

1. Take charge and cooperate with the Ministry of Transport and relevant authorities in organizing the management and use of national railway infrastructure assets as prescribed by law.

2. Decide to handle state-funded national and urban railway infrastructure assets after removal within its power or request the Prime Minister to do so as prescribed by law.

3. Take charge of balancing and providing state funding for management and protection of national railway infrastructure as prescribed by law.

Article 31. Responsibilities of the Ministry of Public Security

1. Direct and instruct police forces to inspect, supervise and take actions against violations of regulations on management and protection of railway infrastructure within its power.

2. Cooperate with the Ministry of Transport and People’s Committees of provinces in performing state management of management and protection of railway infrastructure.

Article 32. Responsibilities of the Ministry of Natural Resources and Environment

1. Take charge and cooperate with the Ministry of Transport, People’s Committees of provinces and central-affiliated cities in addressing issues concerning use of land within railway safety corridor as prescribed by laws on land and environmental protection.

2. Take charge of performing state management of management, use and protection of the land area for rail transport.

Article 33. Responsibilities of the Ministry of Agriculture and Rural Development

Direct and provide guidelines for planning implementation and construction of irrigation systems related to railway works; provide guidelines for use of the land within the railway safety corridor for farming purposes to ensure fulfillment of technical requirements for and safety of railway works.

Article 34. Responsibilities of Ministries and ministerial authorities

When appraising and approving the planning and projects on construction of works, industrial parks, urban areas, residential areas and trade centers that use the land area for rail transport, Ministries and ministerial authorities shall comply with regulations of this Decree, carry out inspection and supervision and take actions against violations as prescribed.

Article 35. Responsibilities of People’s Committees of provinces

1. Direct compliance with regulations on management and protection of the land area for rail transport within their power.

2. Propose measures for handling urban railway infrastructure assets after removal in order for the Ministry of Finance to handle them as prescribed by law.

3. Organize management and protection of the land area for rail transport according to Point c Clause 3 Article 12, Article 48 of the Law on Railway Transport and regulations of the land law.

4. Allocate local government budget to management and protection of urban railway infrastructure as prescribed by law.

5. Take charge and organize demarcation of the boundary of the land area for rail transport and prepare documents about management of the land area for rail transport as prescribed in Articles 23 and 24 of this Decree.

6. Direct, provide guidelines and inspect the management of the land area for rail transport by People’s Committees of districts and relevant authorities under their management; adopt measures for preventing and taking actions against infringements upon the railway safety corridor under their management.

7. Carry out inspection and settle complaints and denunciations about management and protection of railway infrastructure within their area as prescribed by law.

8. In the case of illegal occupation of the land area for rail transport, the Presidents of the People’s Committees of provinces shall be responsible to law.

Article 36. Responsibilities of People’s Committees of districts

1. Manage, protect and take measures for preventing and taking prompt actions against infringements upon the land area for rail transport under their management and with authorization of the People’s Committees of provinces.

2. Take charge of settling complaints and denunciations about management and protection of railway infrastructure under their management as prescribed by law.

3. In the case of illegal occupation of the land area for rail transport, the Presidents of the People’s Committees of districts shall be responsible to law.

Article 37. Responsibilities of People’s Committees of communes

1. Directly manage, protect and take measures for preventing and taking prompt actions against infringements upon the land area for rail transport under their management and with authorization of the People’s Committees of districts.

2. Take charge of settling complaints and denunciations about management and protection of railway infrastructure under their management as prescribed by law.

3. In the case of illegal occupation of the land area for rail transport, the Presidents of the People’s Committees of communes shall be responsible to law.

Article 38. Responsibilities of organizations and individuals doing railway infrastructure business

1. When allocated the state-funded national and urban railway infrastructure by the State:

a) the railway infrastructure enterprise shall use the land area for rail transport for right purposes according to the land use plan/planning approved by a competent authority;

b) the railway infrastructure enterprise shall submit reports on management and use of the land area for rail transport as prescribed by law;

c) The head of the railway infrastructure enterprise shall be responsible to law in case of failure to comply with regulations on management, use and protection of railway infrastructure as prescribe by law.

2. When allocated, leased out or transferred railway infrastructure by the State, an organization or individual doing railway infrastructure business shall manage and use such railway infrastructure under the contract and regulations of law.

3. The dedicated railway owners shall invest, manage and protect dedicated railway themselves as prescribed by law.

Chapter VI

IMPLEMENTATIONORGANIZATION

Article 39. Addressing issues concerning use of the land area for rail transport

1. The works that exist within the land area for rail transport before July 01, 2018 shall be handled as prescribed in the Law on Railway Transport 2005 and other relevant regulations of law.

2. The works that exist within the land area for rail transport from the effective date of this Decree shall be handled as prescribed in the Law on Railway Transport 2017 and this Decree.

3. Rules for handling:

a) Immediately remove the work that directly affects railway work safety and threaten rail transport safety;

b) Regarding the existing work that is located within the land area for rail transport as prescribed in this Decree but has not directly affected railway work safety and threatened rail transport safety, temporarily retain its condition. Its owner must not extend it and must commit the local government and railway infrastructure enterprise to ensure rail transport safety.

4. The People’s Committee of the province shall take charge and instruct the People’s Committee of the district/commune to cooperate with organizations and individuals assigned to manage railway infrastructure in reviewing and classifying the works specified in Points a and b Clause 2 of this Article.

Article 40. Effect

1. This Decree takes effect on July 01, 2018.

2. Ministers, heads of ministerial authorities, heads of Governmental authorities, People’s Committees of provinces and central-affiliated cities shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc

* All Appendices are not translated herein.