Quyết định 737/2001/QĐ-BGTVT của Bộ Giao thông vận tải về việc ban hành Điều lệ đường ngang

DECISION

PROMULGATING THE REGULATION ON CROSSROADS

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to the Governments Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;

Pursuant to the Governments Decree No. 39/CP of July 5, 1996 on ensuring the railway traffic order and safety;

At the proposals of the director of the Legal-Transport Department of the Ministry of Communications and Transport and the general director of Vietnam Railway Union,

DECIDES:

Article 1.-To promulgate the Regulation on Crossroads together with this Decision.

Article 2.-This Decision takes effect 15 days after its signing and replaces the Crossroads Regulation promulgated together with Decision No. 575/QD of May 24, 1977 of the Ministry of Communications and Transport.

Article 3.-The director of the Office, the directors of Departments of the Ministry of Communications and Transport, the general director of Vietnam Railway Union, the director of Vietnam Road Administration, the director of the Department for Expertise and Management of Quality of Communications and Transport works, the directors of the provincial/municipal Services of Communications and Transport, Services of Communications and Public Works and all organizations and individuals involved in the management, construction, use and exploitation of crossroads shall have to implement this Decision.

REGULATION

ON CROSSROADS
(Promulgated together with Decision No. 737/2001/QD-BGTVT of March 19, 2001 of the Ministry of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Crossroads mentioned in this Regulation are places where railways and roads intercross on the same plane, which are built under decisions of the competent bodies to ensure traffic safety.

2. The provisions of this Regulation shall not apply to common bridge surfaces (where railways and roads are on the same bridge surfaces) and places where railroads crosscut land roads inside railway stations, ports, goods-storing yards, factories, enterprises.

Article 2.-Crossroads shall include:

1. Road section running across railways, which lies between two barriers or two outmost main rails and two sides of the railways 6 m from the outmost rail edge from the barrier on each side;

2. The railway section lying between two road shoulders at the cross section.

Article 3.-Crossroads shall be classified as follows:

1. According to their use duration:

a) Long-term use crossroads;

b) Definite-term use crossroads;

c) Constantly closed crossroads.

2. According to way of guard organization:

a) Guarded crossroads with barricades or barriers, signal lights on roads, electric bells, with or without railway block signals;

b) Unguarded crossroads, including:

b.1. With automatic barriers, with road signal lights, electric bells, without railway block signals;

b.2. Without barriers, with automatic warning signals, with road signal lights, electric bells, without railway block signals;

b.3. With signboards, with marker posts or fences, with road painted lines;

3. According to management bodies:

a) The management bodies being Vietnam Railways: Crossroads where roads crosscut the main railways or the special-use railways of the railways transport service are called public crossroads and the crossroads where the special-use roads crosscut the railways are called internal crossroads.

b) The management bodies being the road administration: Crossroads where roads are intercrossed with special-use railways not managed by the railway service are called the special-use crossroads.

Article 4.-Crossroads are classified into the following specific grades:

1. Grade-I crossroads: The main railways are intercrossed with roads of grade I, grade II or grade III;

2. Grade-II crossroads: The main railways are intercrossed with roads of grade IV or grade V;

3. Grade-III crossroads: The remaining crossroads other than those specified in Clauses 1 and 2 of this Article.

4. Intra-municipal, intra-town (cities, provincial towns, district towns) crossroads shall be classified into corresponding grades under decisions of the Minister of Communications and Transport.

Article 5.-The crossroad guard shall be stipulated as follows:

1. Grade-I and grade-II crossroads guard must be organized according to the provisions at Point a or Point b.1, Point b2, Clause 2, Article 3 of this Regulation.

2. Based on the provisions at Point b.3, Clause 2, Article 3 of this Regulation, the head of Vietnam Railways shall decide the organization of guard at Grade III crossroads managed by the railway service and the internal crossroads. Units directly managing the internal crossroads must strictly comply with the decisions of the head of Vietnam Railways on guarding the crossroads; the director of the Vietnam Road Administration shall decide on special-use crossroads.

Article 6.-The crossroad signal systems are the State assets and facilities to ensure traffic safety, prevent accidents, which, therefore, must be protected by all people; it is forbidden to arbitrarily remove, appropriate, damage or reduce the effect of signboards on roads.

Article 7.-Annually, the railway management bodies and the road management bodies shall coordinate in inspecting and drawing up plans for repair of crossroads.

Crossroads managed by Vietnam Railways shall be inspected by the railway management bodies as the key player and the road management bodies as the participants.

The special-use crossroads shall be inspected by the road management bodies as the key player and the special-use railway management bodies as the participants.

Article 8.-The railway and road inspection forces shall have to inspect and supervise the observance of legislation on traffic works protection and traffic safety at crossroads.

Chapter II

VISIBILITY, POSITION, CROSSCUT ANGLES

Article 9.-The minimum visibility for car drivers and train drivers must be as follows:

1. The operators of land road communications means may, under the normal weather conditions, when being from the crossroad at a distance equal to the visibility range to stop vehicles for such road grade, spot train convoys from a distance of at least 400 m away from the crossroads;

2. The railways communications means operators may, under normal weather conditions, spot the crossroads from a distance of 1,000m or more.

Article 10.-The locations for constructing crossroads must satisfy the following conditions:

1. The crossroads must be placed at straight railway sections. If they must be placed at curling railway sections, the radius of the curling circle must be 300 m or more;

2. They must be placed at least 100 m from the tunnel portals, railways bridge abutments;

3. They must be placed beyond the railway station-entering signals; or at least 50m from the main switch of the station and at least 12m from other switches (including switches on platform areas) for difficult cases; or at least 25m from the main switch for junction stations in special cases;

4. It is forbidden to build crossroads in the delay sections of railways or across railway switches.

Article 11.-The cross-section angle between railways and roads is 900; in case of difficult terrain, the cross-section angle must not be lower than 450.

Chapter III

CROSSROAD PROJECTS AND ARCHITECTURE

Article 12.-The road sections at crossroads, apart from having to meet the regulations on branch standards TCVN 4054-98 on motor roads, shall also have to satisfy the following specific requirements:

1. The land road section from the outmost rail edge must be straight for a length equal to the visibility range prescribed in Article 9 of this Regulation; in case of difficult terrain, it must not be lower than 15m; on this straight road section, hogbacks shall be built so that land road traffic means shall speed down and watch more carefully before entering the crossroads;

2. The width of the motor roads at the cross-sections on the same plane with the railways within 200m from the center of the railways to both sides must not be lower than 6m.

On grade-I and grade-II crossroads and those lying inside cities or towns, in populated areas, there must be sections for pedestrians within the limits of such crossroads;

3. From the outmost rail outwards, the land roads must be flat on a section of 10m, if they are earth-fill roads or 15m if they are dug roads. That section must be followed by another section of at least 20m long and the slanting degree of not more than 3%, or not more than 6% for mountainous regions and difficult terrain;

4. In case of necessity to build culverts across the road beds to drain water along both sides of the railways, the regulations in the current road technical standards must be complied with and the foundations of roads and railways must not be eroded.

Article 13.-The road surface within the crossroad area is stipulated as follows:

1. The paved surface of the roads lying between two principal outmost rails or in section of at least 10m from each side of outmost rail outwards shall be paved with asphalt concrete or macadam and asphalt or with ferro-concrete slabs. When ferro-concrete slabs are used for paving crossroads within the railway beds (in between two principal rails), such slabs shall also be used to pave for at least 1m from the outmost rail edge, then the roads shall be paved with asphalt concrete or macadam asphalt for at least 10 m;

2. The height of the paved crossroad surface within the railway beds is equal to the height of the principal rails and may be higher than the running-rail top for not more than 10 mm;

3. The height of the paved crossroad surface adjacent to the outside of the principal rail is equal to the height of the running top of the principal rail and may be lower than the running top of the principal rail for not more than 5 mm.

4. The paved crossroad surface must be stable. The ferro-concrete slabs must be tightly linked together.

Article 14.-The railway sections within the crossroad area must satisfy the following requirements:

1. Technical requirements:

a) Along the inner edge of main rail on the straight line or the curling line with radius of 500 m or more there must be a rail slit of 50-80 mm wide while on the curling line with radius of under 500 mm there must be a rail slit of 90 mm wide;

b) The depth of the rail slit must be at least 45 mm;

c) The length of the section with rail slit must be equal to the width between two road shoulders.

d) Auxiliary rails placed horizontally or vertically or ferro-concrete slabs with special structure can be used to form rail slits. When auxiliary rails are placed vertically, detachments must be placed at an interval of no more than 1.5 m and thru- bolts must be used to connect main rails with auxiliary rails.

Two ends of the rail slit must be expanded inward the railways so that the end of the rail slit shall be 250 mm wide, the starting point of the expansion shall be 500 mm from the rail slit end.

e) The rail ends must not be placed within the scope of the crossroads. If the crossroads are long, rails must be welded together; when not yet welded, rails shall be pressed together to burn the joints.

f) Components for connecting and holding rails within the crossroad area must be adequate and closely inter-connected.

2. Requirements on materials:

a) Sleepers placed within the crossroads must be made of concrete or iron; the use of wood sleepers must be limited. If wood sleepers are used, high-quality timber must be selected and dipped with anti-decay oil;

b) The surface at the crossroads must be paved with clean macadam with the thickness being up to the prescribed standards.

Article 15.-The crossroad watch houses shall be built only after the head of Vietnam Railways issues the decisions thereon and they must satisfy the following conditions:

1. They are built at guarded crossroads;

2. They are placed at positions where they can be spotted from both sides of the road and the railway, convenient for the crossroad guards’jobs; they must not obstruct the visibility of commuters on railways and roads;

3. The nearest part of the crossroad watch house must be away from the outmost rail edge and the edge of the section on which vehicles run for at least 3.5m and not more than 10 m. The door is open to the direction of the road; the walls must be opened with glass windows to clearly see the road and the railway; the house floor must be higher than or equal to the rail top; the working space inside the watch house is 8 m2; besides, there must be a toilet, clean water and lighting system; houses larger than 8 m2 must be approved by competent persons.

Chapter IV

CROSSROAD SIGNALS

SectionI.CROSSROADS MEETING VISIBILITY STANDARDS

Article 16.-Along both sides of the roads leading to the crossroads, marker posts must be planted according to the current Road Signs Regulation.

The marker posts closest to the railway must be away from the outmost rail edge for 2.5 m; the length of each marker post line from the outmost rail outward must be at least 20 m.

Guarding must be organized on crossroads, the marker posts from the road barrier to the railway must be replaced by a fixed fence on top of which a horizontal bar must be placed.

Article 17.-The surfaces of the roads leading to grade I or grade II crossroads, if paved with asphalt concrete or ferro-concrete slabs, must be painted or paved with a white line cutting across the road surface for 3m from the road barrier outward, for places with barriers or 5 m from the outmost rail edge, for places without barriers.

The specifications of these paint lines must comply with the current Road Signs Regulation.

Article 18.-On both sides of the roads leading to the crossroads, signboards must be placed according to the current Road Signs Regulation:

1. In front of the guarded crossroads: The signboard "crosscut with barrier railway";

2. In front of the unguarded crossroads: The signboard "crosscut with non-barrier railway".

3. Auxiliary signboard "railway crosscutting road" shall be placed on the road at a place 10 m from the outmost rail edge to supplement signboard 211 stated in Clause 2 of this Article.

Article 19.-The guarded crossroads must be placed with signal lights and electric bells on land roads

The signal lights and electric bells on land roads (except land roads crosscutting land roads which run in parallel with railways) must be placed in front of the road barriers (or on the road barrier posts) or placed at position at least 6m from the outmost rail.

Article 20.-The road signal lights and electric bells prescribed in Article 19 of this Regulation must satisfy the following requirements:

1. The signal light must be structured with two red lights, which alternately blink when they are switched on. When trains approach the crossroads, the signal lights flash: banning all movements across the crossroads. When trains move out of the crossroads, the barriers are fully opened and the signal lights are off, the movement on land roads return to normal;

The time for signal lights to flash before trains reach the crossroads must be at least:

a) 50 seconds when automatic signal lights and automatic road barriers are used;

b) 90 seconds when automatic signal lights and non-automatic road barriers are used;

c) 120 seconds when non-automatic (electric or oil) signal lights are used.

At crossroads of grade I and grade II, electric signal lights must be used.

2. The electric bells must be installed on the same signal light posts, when bells ring, their ringing must be loud enough for pedestrians to hear it from a distance of 15m. The bells ring when train reach near the crossroads. The bells stop when the barriers are completely closed.

Article 21.-

1. The light and illuminating angles of signal lights must ensure that the road vehicle operators may see the signals from a distance of 100 m or more.

2. The red light of the signal lights must not turn towards the railways.

Article 22.-On both sides of the railways leading to crossroads, the signboard "Blowing horn" must be placed. The position and specification of the signboard are prescribed in the Procedures of Signals of Vietnam Railways.

Article 23.-On both sides of railways leading to guarded crossroads, when it is necessary to place the road block signals, the head of Vietnam Railways shall decide, except the following crossroads:

1. Crossroads with permanently closed road barriers or automatic barriers or automatic warning signals;

2. Crossroads lying within the guarded areas of the signals for railway station entry, exit, or classification yard signal, thru-signal on the railway with automatic road close equipment or other guarding warning signals, when the above signals are under 800m away from the crossroads.

Article 24.-

1. Road block signals on railways are placed at positions of from 100m to 500m away from the crossroads (calculated from the road shoulder on the same side).

At places where guarded crossroads are situated close to each other and the distance between two crossroads is below 500 m and not yet improved according to the provisions of Article 49 of this Regulation, the road block signals on railways shall be arranged at both ends of the common area for such crossroads.

2. The road block signals must be placed on the left side along the direction of train running into the crossroads. In case of special difficulty, it may be placed on the right side along the direction of train running into the crossroads, if so permitted by the head of Vietnam Railways.

3. The visibility of road block signals on railways must be at least 800m. In case of difficult terrain, it must not be lower than 400m.

Article 25.-

1. The road block signals on railways are red signals, which shall flash, signaling the stop to trains.

2. When the road block signals are off, trains operate normally. Only when there appear obstacles on crossroads, affecting the safety of running trains, can the barrier men switch on these signals.

3. Guarded crossroads lying in sections with automatic road block equipment, regardless of whether there are road block signals on railways or not, must all be installed with road block signals at places nearest the crossroads in "close" position so that the barrier men can promptly operate them when there appear obstacles to train operation.

Article 26.-In the crossroad watch houses there must be signal communication equipment such as telephones or telephone and automatic devices notifying the barrier men of the trains approaching crossroads.

Article 27.-Guarded crossroads in areas where exist national power grids must be equipped with lighting lamps at night and during misty daytime. The lamp lighting must be strong enough for communication means operators to clearly see the signals of the barrier men.

Article 28.-Power-operated signal equipment and guard equipment at guarded crossroads must be controlled concentratedly at the crossroad watch houses. These equipment must be always in good order, useable and manually operated if the automatic equipment are out of order unexpectedly.

Where the concentrated control cannot be effected, such must be permitted by the head of Vietnam Railways.

Article 29.-The guarded crossroads must be placed with barriers at both ends of the roads leading into the crossroads. The barriers are placed 6m away from the outmost rail edge. Where terrain is limited, the barriers must not encroach upon the restricted range adjacent to the railway structure.

The barriers may be made singly or hung with metal sheets or netting.

Barriers (excluding automatic barriers) must be made with check bolt to check their free movement.

Article 30.-At the guarded crossroads, when the barriers are closed, the barriers must fully stretch across the roads, close to the fixed fences and must be from 1 to 1.2m higher than the road surface.

The barriers must be closed from the right of the roads (along the direction into the crossroads) to the left. Where a crossroad has many barriers, the barriers on the right must be closed first, then the barriers on the left till the last one.

When the barriers are opened, not any part of the barriers shall obstruct the clearance space of the road surface.

It is forbidden to place barricades, barriers in half-way position.

Article 31.-There are two types of guarded crossroad barriers: bar barrier and barricade. The specifications and technical criteria of the bar barriers and barricades are specified in diagram of the Appendix (not printed herewith).

Article 32.-Guarded crossroads of grade I and grade II must be equipped with automatic bar barriers or automatic warning signals. When automatic bar barriers or automatic warning signals are not yet available, there must be guards.

Article 33.-

1. Both sides of the roads leading into crossroads must be fully barred before trains reach the crossroads at least:

a) 40 seconds for automatic barriers;

b) 60 seconds for electric or capstan barriers;

c) 90 seconds for manual barriers.

2. Barriers are not closed more than 3 minutes, for grade I and grade II crossroads, and more than 5 minutes, for grade III crossroads, before trains reach the crossroads (except crossroads separately prescribed by the Ministry of Communications and Transport).

Article 34.-Automatic barrier structures and equipment must ensure operation in the following order:

1. When trains approach crossroads, the red signal lights on roads and the red lights on automatic barrier bars switch on, the automatic signaling bells ring. After 7-8 seconds, the bar barriers start closing. When the bar barriers fully close, the automatic signaling bells stop;

2. When train move out of the crossroads, the bar barriers automatically open. When the barriers are completely opened, the lights on bar barriers and the signal lights on roads automatically switch off.

For crossroads installed with automatic barriers and without guards, only bar barriers of 1/2 or 2/3 of road surface are used. The remaining sections of roads without barriers must be at least 3m wide and on the left side of the vehicles running into the crossroads.

Section II. CROSSROADS WITH SUBSTANDARD VISIBILITY

Article 35.-

1. At places where roads run in parallel with railways and have exits into railways and the road section from the turn to the outmost rail edge is smaller than 10m, the solid roundabouts or winding roads must be arranged so as to make the exit section long enough for installation of signboards, marker posts, road painted lines.

2. The installation of signboards in the road sections mentioned in this Article is prescribed as follows:

a) The length of the road section is smaller than 10m, no danger signboard is placed;

b) The length of the road section is between 10m to 50m, only an auxiliary signboard "railway-road crosscut" (Signboard 508a or 508b);

c) The length of the road section is over 50m, signboards are placed according to the provisions of Article 18 of this Regulation.

3. The road signboard surfaces are placed in quadrature with the direction the vehicles run into the crossroads and within the road section leading into the railways.

Article 36.-At T-junctions and crosscuts with branches running into guarded crossroads, if the distance from such T-junction or crosscut to the crossroad is smaller than 50 m, the road management bodies shall have to:

1. Place the road signal lights at T-junctions and crosscuts, if there are no traffic lights at such T- junctions and crosscuts in order to notify the commuters being people and means that are to enter the crossroads to stop in front of the T-junctions or crosscuts when the road barriers at the crossroads are being closed;

If there exist at T-junctions and crosscuts land traffic lights, such lights must indicate the same as the road signal lights placed on the road sections leading into the crossroads.

2. The signal lights on roads which run in parallel with railways must give out indications compatible with indications of railway signals (when the roads leading into the crossroads are closed for trains to run; the roads running in parallel with railways must be clear and easy).

Article 37.-For roads simultaneously cutting railways and roads which run in parallel with railways, the placement of signboards on roads leading into the crossroads is prescribed as follows:

1. For the road side running into crossroad, which crosscuts road then the railway, the provisions of Article 35 of this Regulation shall be complied with.

2. For the road side running into crossroad, which does not crosscut the road, the provisions of Article 18 of this Regulation shall be complied with.

Chapter V

STIPULATIONS ON CROSSROAD TRAFFIC

Article 38.-People and means participating in road traffic, when crossing the crossroads, shall have to comply with the following stipulations:

1. To give priority to communications means operating on railways;

2. To follow the instructions of crossroad guards or crossroad guard signals:

a) Order of the barrier men, red banner, red signboard, red lamp;

b) Road barriers;

c) Light signals, bell signals;

3. When the stop signals (orders of the barrier men, red banner, red signboard, red lamp, ringing bell, closed barrier) are given, all people and means participating in communications on roads (including priority vehicles) must stop on the right of their ways and at least 3m from the stop signals (in front of the stop paint line mentioned in Article 17 of this Regulation);

4. People without duty are strictly forbidden to arbitrarily open the crossroad barriers when they are already closed.

5. For crossroads mentioned at Point b.3, Clause 2, Article 3 of this Regulation (only with signboards, marker posts or fences, road paint lines), people and means participating in communications on roads, when prepared to enter the crossroads, must watch the signboards, listen to train horns, observe the trains from afar on both sides of the crossroads, if realizing that trains or railways communications means are approaching the crossroads, they must stop in front of the crossroads at least 5m from the outmost rail edge and take self-responsibility for accidents they cause.

Article 39.-Within the crossroad areas, vehicles are forbidden to make U-turn and stop.

In case of need to stop near the crossroads, the road traffic means operators shall have to abide by the road traffic signboards; in places where the signboards are not available, they must stop at least 10m from the barriers, for places with barriers, or at least 20m from the outmost rail edge, for places without barriers.

Article 40.-Caterpillar vehicles, including caterpillar road rollers, special-use transport means carrying super-length, super-weight or super-size cargoes on roads, before crossing the crossroads, must notify the barrier men in advance so that the latter shall arrange and guide the crossing of crossroads. At places where barrier men are not available, they must notify the units directly managing such railways section in advance so that the latter appoint people to guard and guide the crossing of crossroads.

Article 41.-When road communications means break down, get accidents or have cargoes fallen down on unguarded crossroads and the nearest point of the vehicles or the cargoes to the outmost rail is under 1.7m, the operators of such communications means shall have to find ways to notify trains to stop before the obstacles.

Article 42.-Rudimentary vehicle convoys, cattle herds, when crossing the crossroads, must be split up into small groups as provided for by the current road traffic legislation. Animals crossing the crossroads must be led by their tenders.

Article 43.-People without responsibility are strictly forbidden to climb on, remove, touch the crossroad signals and equipment, to enter the crossroad watch houses.

Article 44.-When approaching the crossroads, the railway communication means operators shall have to blow horn, watch the crossroad signals, crossroad warning signals (if any), watch the crossroads so as to be able to halt the trains when seeing the train stop signals or obstacles on the crossroads.

Article 45.-

1. In case of need to stop trains on crossroads for railways maintenance and repair, which affect the road traffic, the permission of the head of Vietnam Railways and the written consent (when necessary) of the head of Vietnam Road Administration are required.

2. Where trains must stop or halt on crossroads, trains are connected, disconnected, the persons in charge must seek ways and means to quickly liberate roads for traffic.

3. When trains stop on the crossroads, the stop duration must not exceed 3 minutes, on crossroads of grade I and grade II, and must not exceed 5 minutes, on crossroads of grade III (except crossroads separately prescribed by the Ministry of Communications and Transport).

Chapter VI

ORGANIZATION OF CROSSROAD GUARD

Article 46.-For guarded crossroads:

1. They must be adequately equipped with according to regulations;

2. The guards must be on duty around the clock according to the working shift regime.

Article 47.-

1. The head of Vietnam Railways shall have to organize the management and the guarding of crossroads under the management by Vietnam Railways.

2. The head of Vietnam Road Administration shall have to organize the management and guarding of special-use crossroads under the management by Vietnam Road Administration.

3. The Minister of Communications and Transport shall authorize the head of Vietnam Railways to provide detailed guidance on organization of the crossroad guarding.

Chapter VII

CROSSROAD MANAGEMENT AND CONSTRUCTION

Article 48.-

1. The construction of new population quarters, industrial parks, entertainment and recreation centers, schools, trade establishments, hospitals and other works must strictly comply with the provisions in Article 28 and Article 29 of the Governments Decree No. 39/CP of July 5, 1996 on ensuring railway traffic order and safety.

2. If the construction of the works mentioned in Clause 1 of this Article requires the building of crossroads cutting railways, the distance from the nearest point of such a work to the heart of the railway must be at least 25m and there must be written agreement of the body performing the State management over railways.

Article 49.-

1. If main railways crosscut newly built or upgraded roads of grade I, grade II or grade III and vice versa, flyovers or tunnels must be built. The existing crossroads shall be step by step replaced with flyovers or tunnels;

2. If the distance between two crossroads is under 500m in populous cities, provincial capitals and district capitals, or under 1,000 m in other areas, flyovers or tunnels must be built;

3. Organizations wishing to open new crossroads, build flyovers or tunnels across railways must obtain permission from the Ministry of Communications and Transport.

Article 50.-Competence to decide on the establishment, cancellation or re-grading of crossroads is prescribed as follows:

1. For crossroads of grade I and grade II, it shall be decided by the Minister of Communications and Transport;

2. For crossroads inside cities, towns, it shall be decided by the Minister of Communications and Transport at the proposals of the Ministry of Construction and the People’s Committees of the cities or towns.

3. For crossroads of grade III, the crossroads between roads and exclusive railways managed by the railway service, the internal crossroads, it shall be decided by the head of Vietnam Railways.

4. For crossroads cutting exclusive railways (not managed by the railway service), it shall be decided by the director of Vietnam Road Administration;

5. The construction of crossroads shall commence only after the decisions thereon are issued and the design dossiers have already been approved by competent bodies;

6. The construction of new crossroads with particulars must be permitted by the Minister of Communications and Transport.

Article 51.-

1. The administrations of the localities where railways run through shall have to organize the removal of crossroads which have been opened without decisions of the competent authorities defined in Article 50 of this Regulation.

For roads under the provincial, district or commune management, if the opening of crossroads is needed, the Peoples Committees assigned to manage them shall carry out the procedures applying for the opening of crossroads. When they obtain the approval from the competent bodies, they shall have to comply with the regulations.

2. Units managing railways shall have to take initiative in coordinating with the local administrations in removing illegal crossroads.

Article 52.-

1. The application for establishment, cancellation or re-grading of crossroads must be made according to set form and sent to competent people as provided for in Article 50 of this Regulation.

2. Crossroad works, equipment, after being completely constructed, must all be tested before acceptance and handed over to the railway units for management strictly according to current stipulations. The pre-acceptance test organization must be composed of members and representatives of all the construction units, railway management units and road management units.

3. The railway management units and road management units shall have to monitor the use of crossroads for a given period of time and request the units using them to remove them upon the expiry of time limit.

Article 53.-Organizations applying for the opening, upgrading of crossroads, the construction of tunnels and/or flyovers across railways must comply with the regulations on construction investment capital; concretely as follows:

1. New railways crosscutting roads shall be undertaken by railway investors;

2. New national highways cutting across railways shall be undertaken by national highway investors;

3. New provincial, district, inter-commune roads crosscutting railways shall be financed with the local budget, other capital sources and peoples contributions;

4. Agencies, enterprises, companies, which build new crossroads shall have to find the funding by themselves.

Article 54.-The capital for management and repair of crossroads managed by the railway service and the road service shall be allocated from the budget capital source. The capital for management and repair of other special-use crossroads shall be supplied by agencies which manage and use such crossroads.

The bodies competent to decide on the establishment of crossroads must clearly designate the capital sources for management and repair of such crossroads.

Article 55.-The scope of crossroad management is prescribed as follows:

1. The railways service shall manage:

a) Signboards, signals, information, lighting on railways and roads within the crossroad areas;

b) Barrier houses; road foundations and surface, fixed fences within the crossroad areas.

2. The road service shall manage: road foundations and surfaces, marker posts, signboards, road paint lines on section leading to the crossroad areas.

3. The managing units must ensure that works, equipment, signals are always in the state of normal operation on crossroads.

Article 56.-When the crossroad repair affects road traffic, the railway construction units shall have to consult with the road managing agencies, without causing traffic jam on roads as well as railways during the repair. While repairing, traffic safety must be ensured; when necessary, they must appoint personnel to guide people and means participating in road communications in crossing the crossroads; place signboards, light up red lamps at night; during the intervals of two repair sessions, personnel must be arranged to guide means participating in road traffic in crossing the crossroads safely.

In special case of road blockage, such must be agreed upon by the competent road management body.

Crossroads, after being repaired, must be tested before acceptance and handed over according to regulations.

Chapter III

FINAL PROVISION

Article 57.-The construction of new crossroads must comply with the provisions of this Regulation.

The existing crossroads which are not compatible with the provisions of this Regulation must step by step be improved and repaired, depending on the supplied capital sources.

Pending the improvement and repair of crossroads as prescribed by this Regulation, the crossroad management units shall have to take necessary measures to ensure traffic safety.