Decree No. 14/2015/ND-CP dated February 13, 2015 of the Government detailing and guiding the implementation of a number of article of the Railway Law

DECREE

Detailing and guiding the implementation of a number of articles of the Railway Law[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Railway Law;

At the proposal of the Minister of Transport,

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Railway Law.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details and guides the implementation of a number of articles of the Railway Law regarding railway infrastructure; railway business; railway traffic means; list of dangerous goods and transportation of dangerous goods on railways; urban railways; and responsibilities of ministries, ministerial-level agencies, government-attached agencies and the People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) in maintaining railway traffic order and safety.

Article 2.Subjects of application

This Decree applies to Vietnamese organizations and individuals as well as foreign organizations and individuals conducting railway activities in the territory of the Socialist Republic of Vietnam.

Chapter II

RAILWAY INFRASTRUCTURES

Article 3.Railway land

1. Railway infrastructure enterprises shall take the prime responsibility for the management and protection of railway land; use the land for the approved proper purposes and strictly observe the land law. The commune-level People’s Committees of localities where exist railway works shall protect the land within railway work-protecting scope and railway traffic safety corridors; detect and sanction infringements upon the railway work-protecting scope and railway traffic safety corridors.

2. Railway land must be planted with boundary markers. The boundary marker planting is provided as follows:

a/ For land planned for railways:

The boundary marker planting is undertaken primarily by the Ministry of Transport in coordination with the provincial-level People’s Committees of localities where railway planning is implemented.

b/ For land reserved for railways upon the upgrading or transformation of railways being exploited or newly built after the Railway Law took effect (January 1, 2006), the project owners shall:

Assume prime responsibility for, and coordinate with the district-level People’s Committees of localities where exist railway works in, formulating plans on boundary marker planting, defining the railway work-protecting scope and railway traffic safety corridors, and submit them to the provincial-level People’s Committees of localities where exist railway works for approval. Within 3 (three) months after the provincial-level People’s Committees approve the plans on boundary marker planting, the project investors shall assume the prime responsibility for, and coordinate with district-level and commune-level People’s Committees of localities where exist railway works in, publicizing the railway work-protecting scope and railway traffic safety corridors and organize the boundary marker planting on field, then hand over the boundary markers to the commune-level People’s Committees of localities where exist the railway works for management and protection.

c/ For land reserved for railways being exploited and existing before the Railway Law took effect (January 1, 2006), the railway infrastructure enterprises shall:

Assume the prime responsibility for, and coordinate with the district-level People’s Committees of localities where exist railway works in, formulating plans on boundary marker planting, defining the railway work-protecting scope and railway traffic safety corridors, and submit them to provincial-level People’s Committees of localities where exist the railway works for approval. Within 3 (three) months after the provincial-level People’s Committees of localities where exist railway works approve the plans on boundary marker planting, the railway infrastructure enterprises shall assume the prime responsibility for, and coordinate with the district-level People’s Committees as well as the commune-level People’s Committees of localities where exist the railway works in, publicizing the boundaries of the railway work-protecting scope and railway traffic safety corridors, and organize the boundary marker planting on field, then hand over the boundary markers to the commune-level People’s Committees of localities where exist railway works for management and protection.

3. Chairpersons of the People’s Committees at all levels in localities where exist railway works shall, within the scope of their respective tasks and powers, have the following responsibilities:

a/ To detect, stop and handle in time cases of infringing upon, occupying or illegally using railway land; to compel violators to restore the status quo in order to ensure the railway traffic order and safety as provided.

If letting the infringement upon, occupation or illegal use of, railway land occur in their localities, chairpersons of the People’s Committees at all levels will be held accountable therefor as provided by law;

b/ To coordinate with railway state management bodies and railway infrastructure enterprises in propagating and disseminating the law on railway work safety and railway traffic order and safety; publicizing, planting, handing over and receiving railway land boundary markers.

Article 4.Work construction, resource exploitation and other activities in areas adjacent to railway work-protecting scope

1. The minimum safety distance of a number of works in areas adjacent to railway work- protecting scope is defined as follows:

a/ 5 (five) meters from the railway traffic safety corridors, for houses built with flammable materials;

b/ 10 (ten) meters from the railway traffic safety corridors, for lime, pottery or brick kilns, pig-iron and steel furnaces, cement kilns, crystal production furnaces;

c/ Toxic, explosive, fire and explosion-prone substance warehouses must be built away from railway traffic safety corridors at distances prescribed by relevant law;

d/ For electricity transmission lines over railways, besides the safety distances prescribed by the electricity law, measures will be applied to ensure the non-interferences into railway communications and signal systems and to ensure safety when electricity transmission lines break;

dd/ At level-crossing intersections between railways and land roads without guards, works must not be constructed within the angle blocking the visibility of railway and land road transport means operators.

The Minister of Transport shall specify the scope of visibility-blocking angle of each type of level-crossing intersections between railways and land roads.

2. If construction, resource exploitation or other activities are carried out, which may affect railway work safety or railway traffic safety, the project owners, organizations and/or individuals conducting the resource exploitations or other activities shall immediately notify the railway infrastructure enterprises thereof and take necessary measures to ensure the railway work safety and railway traffic safety.

Chapter III

RAILWAY BUSINESS

Article 5.Principles for organization of railway business activities

1. For national railways invested by the State, the infrastructure business and the transport business are defined as follows:

a/ Railway infrastructure business:

Railway infrastructures are state property. The management and exploitation thereof are assigned to state enterprises.

b/ Railway transport and railway transport-supporting service business:

Enterprises fully satisfying the conditions prescribed by law are entitled to participate in railway transport business and railway transport-supporting service business.

There is no discrimination between domestic and foreign railway transport enterprises as well as railway transport-supporting service enterprises of all economic sectors upon the lease of State-invested national-railway infrastructures.

2. For systems of urban railways and specialized railways, it is not necessary to distinguish between infrastructure business and transport business as provided in Clause 1 of this Article.

3. Railway works or railroads invested in build-operation-transport (BOT), public-private partnership (PPP) or other forms, the management and exploitation thereof comply with the contracts.

Article 6.Lease of State-invested national railway infrastructures

1. Lease of railway infrastructures in direct service of train operation:

Organizations and individuals using railway infrastructures for train operation shall pay railway infrastructure-using charges. The charge rates depend on the operation length, train labels and operation routes.

2. Lease of railway facilities not directly related to train operation on State-invested national railways:

a/ Such railway facilities as railway stations, station platforms, cargo-storing yards, communications cables, etc., may be leased which are not in direct service of train operation;

b/ Enterprises assigned to manage and exploit railway infrastructures shall set the leasing prices to be submitted to the Ministry of Transport for consideration, appraisal and proposal to the Ministry of Finance for decision on the minimum prices. Enterprises assigned to manage and exploit railway infrastructures shall promulgate specific price level applicable to each type of services.

3. The Ministry of Finance shall promulgate a mechanism for management and use of revenues from the lease of railway infrastructures, based on the proposal of the Ministry of Transport.

Article 7. Inspection and supervision of the lease of State-invested railway infrastructures

1. The Ministry of Transport shall inspect and supervise the lease of railway infrastructures, ensuring the transparency and efficiency; organizations and individuals of all economic sectors are not discriminated in the lease of railway infrastructures for train operation, transport-supporting service provision or use for other appropriate purposes.

2. The inspection and supervision cover the following contents:

a/ The formulation and promulgation of train operation timetables;

b/ Train operation controlling;

c/ Railway infrastructure business and lease activities.

Article 8.Forms of, and general conditions on, railway business

1. Railway business covers the following forms:

a/ Railway infrastructure business;

b/ Railway transport business;

c/ Cargo handling at railway stations, cargo yards;

d/ Cargo storage and preservation business at railway stations;

dd/ Railway transport means manufacture, assembly, modification or restoration business;

e/ Railway transport agency service business;

g/ Cargo forwarding service business.

2. Railway business is a conditional one. Enterprises and cooperatives (below collectively referred to as enterprises) engaged in railway business must satisfy the following general conditions:

a/ Being set up under Vietnamese law;

b/ Having business registration suitable to the business line;

c/ Having equipment and material bases suitable to the business line.

Article 9.Conditions on railway infrastructure business

Railway infrastructure enterprises must fully satisfy the following conditions:

1. The conditions prescribed in Clause 2, Article 8 of this Decree.

2. Possessing safety certificate as provided in Article 75 of the Railway Law.

3. Persons assigned to take the prime responsibility for the technical management of railway infrastructures must possess university degree and have at least 3 (three) years’ experience in railway infrastructure exploitation.

Article 10.Railway transport business conditions

Railway transport enterprises must fully satisfy the following conditions:

1. The conditions prescribed in Clause 2, Article 8 of this Decree.

2. Possessing safety certificate as provided in Article 75 of the Railway Law.

3. Railway traffic means must be fully accompanied with registration certificate and valid quality standard, technical safety and environmental protection inspection certificate.

4. Having contracts on provision of railway transport services with railway transport administration organizations.

5. Persons assigned to take the prime responsibility for technical management of transport exploitation must possess university degree and have at least 3 (three) years’ experience in railway transport exploitation.

6. For passenger railway transport enterprises and dangerous goods railway transport enterprises, apart from the conditions prescribed in Clauses 1, 2, 3, 4 and 5 of this Article, they must possess insurance contracts as provided by the insurance law.

7. For  urban railway transport business, apart from the conditions prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, enterprises must also have plans on organization of train operation to ensure safe, regular train operation according to the promulgated timetables.

Article 11.Conditions on cargo handling at railway stations and cargo yards

Enterprises dealing in cargo loading and unloading at railway stations and cargo yards must fully satisfy the following conditions:

1. The conditions prescribed in Clause 2, Article 8 of this Decree.

2. Cargo handling locations satisfy the safety conditions as provided by the Ministry of Transport.

3. Cargo-handling equipment in use must satisfy the prescribed technical safety standards.

4. Cargo-handling equipment operators must possess licenses, diplomas and professional certificates as provided by law.

Article 12.Conditions on cargo storage and preservation at railway stations

Enterprises dealing in cargo storage and preservation at railway stations must fully satisfy the following conditions:

1. The conditions defined in Clause 2, Article 8 of this Decree.

2. Warehouses and storing yards satisfy the prescribed standards.

3. Satisfaction of regulations on fire and explosion prevention and fighting as well as environmental sanitation.

Article 13.Conditions on the manufacture, assembly, modification and restoration of railway traffic means

Enterprises dealing in the manufacture, assembly, modification and restoration of railway traffic means must fully satisfy the following conditions:

1. The conditions defined in Clause 2, Article 8 of this Decree.

2. Having the quality management and supervision sections.

3. Having anti-fire, -explosion and -environmental pollution plans approved or being granted certificates by competent bodies.

4. Having at least one technician of university degree specialized in mechanical engineering on railway traffic means.

Article 14.Contents of, order and procedures for, granting, amending, supplementing and revoking the railway business registration certificates.

The contents of, order and procedures for, granting, amending, supplementing and revoking the railway business registration certificates must comply with the provisions of law on business registration.

Article 15.Specific provisions on railway transport

The Minister of Transport shall detail and guide the implementation of cargo, passenger, luggage, baggage railway transport.

Article 16.Formulation and promulgation of load pass, speed pass, train operation timetable

1. The Minister of Transport shall guide the formulation, promulgation and announcement of load pass, speed pass and timetable for train operation on national railways and urban railways.

2. Organizations and individuals managing and exploiting specialized railways shall organize by themselves the formulation and promulgation of load pass, speed pass and train operation timetable and take responsibility for occurring incidents and accidents as provided by law.

Article 17.Support for maintenance of train operation in special cases

If the maintenance of train operation in service of socio-economic requirements or defense and security requirements cannot cover the costs, the Prime Minister shall decide the support for every specific case.

Article 18.Ticket price exemption or reduction for social-policy beneficiaries

1. The following social-policy beneficiaries are entitled to train ticket price exemption or reduction:

a/ Persons engaged in revolutionary activities before January 1, 1945;

b/ Persons engaged in revolutionary activities from January 1, 1945, to before the August 19, 1945 General Uprisings;

c/ Vietnamese Heroic Mothers;

d/ War-invalids and persons enjoying policies like war-invalids;

dd/ Resistance-war activists exposed to dioxin;

e/ Exceptionally seriously disabled or seriously disabled persons.

g/ Children of under six years old.

2. Ticket price exemption is applicable to under six-year-old children accompanying adults. Children exempt from tickets shall share seats with the accompanying adults. An adult can take not more than 2 (two) ticket-free subjects in his/her accompaniment.

3. Ticket price reduction applies to the following subjects:

a/ The reduction of 90% of the ticket prices applies to persons engaged in revolutionary activities before January 1, 1945, persons engaged in revolutionary activities from January 1, 1945, to before the August 19, 1945 General Uprisings; Vietnamese Heroic Mothers;

b/ The reduction of 30% of the ticket prices applies to subjects being war-invalids, persons enjoying policies like war-invalids; agent orange victims; exceptionary seriously disable or seriously disabled persons.

4. The price ticket reduction prescribed in Clause 3 of this Article is applied to the actually sold prices of type of seat, type of trains used by passengers.

5. Depending on specific conditions and time, passenger railway transport enterprises can expand the subjects entitled to ticket price exemption or reduction and properly adjust the ticket prices for social-policy beneficiaries, which are, however, not lower than the levels prescribed in Clause 3 of this Article.

6. If a social-policy beneficiary enjoys 2 (two) ticket price reduction regimes or more, he/she can only enjoy the highest ticket price reduction regime.

7. Persons entitled to ticket price exemption or reduction shall produce certificates of subjects together with personal identity papers when they buy train tickets and travel on trains.

Article 19.Management and use of financial sources for management and maintenance of State-invested railway infrastructures

1. Financial sources for management and maintenance of State-invested railway infrastructure are used for the following purposes:

a/ Management of assets of the State-invested railway infrastructures under the provisions of law;

b/ Maintenance and repair of State-invested railway infrastructures;

c/ Prevention, combat and timely remedy of consequences of railway incidents, natural disasters and traffic accidents.

2. Enterprises dealing in the State-invested national railway infrastructures under their respective management shall work out plans for management and maintenance thereof.

3. The financial management, allocation and final settlement of the state budget sources for management and maintenance of State-invested railway infrastructures must comply with the law on the state budget.

Chapter IV

RAILWAY TRAFFIC MEANS

Article 20.Railway specialized self-propelled means

Railway specialized self-propelled means include:

1. The railway specialized self-propelled means moving on railroads for transportation of humans, supplies and equipment in service of specialized railway activities.

2. The railway specialized self-propelled means moving on railroads for reinforcement, railway traffic accident rescue; for inspection, construction, maintenance and/or repair of railway facilities or in service of defense and security.

Article 21.Equipment on railway specialized self-propelled means

1. Railway specialized self-propelled means moving on railroads for transportation of humans, supplies and equipment in service of specialized railway activities, when being in operation on railways, must comply with Article 43 of the Railway Law.

2. The Minister of Transport shall specify the list of, and measures to ensure safety for, specialized self-propelled means of various types for reinforcement, railway traffic accident rescue; for inspection, construction, maintenance and/or repair of railway facilities, in service of defense and security, which, when being in operation on railways, must not necessarily be furnished with speed and information-recording equipment related to train operation controlling (black boxes).

Chapter V

LIST OF DANGEROUS GOODS AND TRANSPORTATION OF DANGEROUS GOODS ON RAILWAYS

Section 1

DANGEROUS GOODS

1. Depending on their chemical and physical properties, dangerous goods are classified into 9 (nine) following types (types 1, 2, 4, 5 and 6 are subdivided into groups):

Type 1. Explosives

Group 1.1: Explosives

Group 1.2: Industrial explosives.

Type 2. Flammable and toxic gas.

Group 2.1: Flammable gas.

Group 2.2: Toxic gas.

Type 3: Flammable liquid and anti-moth liquid explosive.

Type 4: Flammable solid substances

Group 4.1: Flammable solid substances, self-reaction substances and anti-moth solid explosives.

Group 4.2: Substances prone to self-burst into flames.

Group 4.3: Gas prone to create flammable gas when in contact with water.

Type 5: Oxidants.

Group 5.1: Oxidants.

Group 5.2: Organic oxide compounds.

Type 6: Hazardous and contagious substances

Group 6.1: Hazardous substances.

Group 6.2: Contagious substances.

Type 7: Radioactive substances.

Type 8: Eroding substances.

Type 9: Other dangerous substances and goods.

2. Packages and boxes containing dangerous goods, which are yet cleansed inside and outside after the dangerous goods are completely taken out, are also regarded corresponding dangerous goods.

Article 23.Lists of dangerous goods

1. Lists of dangerous goods are classified according to types and groups with danger codes and serial numbers prescribed by the United Nations in Appendix I to this Decree (not translated).

2. The danger degree of each substance on the lists of dangerous goods is expressed in a danger number with a group of two to three numerals prescribed in Appendix II to this Decree.

3. The Government shall promulgate and adjust lists of dangerous goods in each period to suit the practical situation at the proposals of the agencies defined in Article 25 of this Decree.

Article 24.Dangerous goods packing, packages, containers, labels, symbols and signals

1. Dangerous goods subject to packing must be packed before they are transported on railways. The packing of dangerous goods must comply with Vietnamese standards and regulations of competent state bodies.

2. Dangerous goods packages and containers must be up to the prescribed standards and stuck with dangerous goods symbols. The sizes, signs and symbols of dangerous goods must comply with the provisions of Point 1 of Appendix III to this Decree.

3. The labeling of dangerous goods must comply with the provisions on labeling of domestically circulated goods as well as export and import goods.

4. Both sides of the dangerous goods transport means must be stuck with dangerous goods symbols. If a means carries different kinds of dangerous goods, all the symbols of those dangerous goods must be stuck. If transport means carry containers or tankers of dangerous goods, the symbols of such dangerous goods must also be stuck directly on such containers or tankers.

5. The danger signals are made in rectangle of orange color, with the United Nations codes (UN codes) written in the middle. The sizes of danger signals are prescribed at Point 2 of Appendix III to this Decree. The danger signals are stuck right beneath the dangerous goods symbols.

6. The packing, package, containers, labels, symbols of dangerous goods being transported radioactive substances must also comply with the provisions of law on radiation safety and control.

Article 25.Responsibility to formulate, amend and supplement regulations on chemicals, dangerous goods

The responsibility to formulate, amend or supplement for submission to competent bodies for promulgation or to promulgate according competence the regulations on lists of dangerous goods, dangerous goods packing, package and container standards and necessary cautions upon loading, unloading and transport of dangerous goods is defined as follows:

1. The Ministry of Agriculture and Rural Development is responsible for plant protection drugs.

2. The Ministry of Health is responsible for chemicals, insecticides for domestic and medical use.

3. The Ministry of Industry and Trade is responsible for gasoline and oil, burning gas, dangerous chemicals used in agricultural production.

4. The Ministry of Science and Technology is responsible for radioactive substances.

5. The Ministry of Natural Resources and Environment is responsible for remaining dangerous toxic chemicals in the types and groups of dangerous goods.

Section 2

TRANSPORT OF DANGEROUS GOODS

Article 26.General provisions

1. Vietnamese and foreign organizations as well as individuals conducting activities related to the transport of dangerous goods on railways shall comply with the provisions of the Railway Law and this Decree.

2. The railway transportation, loading, unloading and preservation of radioactive substances and industrial explosives, must, apart from the provisions of the Railway Law and this Decree, comply with provisions of other relevant law.

3. Train running, formation and shunting in the course of transporting dangerous goods must comply with the national technical standards on railway exploitation.

4. The Ministry of Defense and the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating the transport of dangerous goods on railways in service of defense and security purposes.

Article 27.Transport of dangerous goods in special cases

The Prime Minister decides on railway transportation of dangerous goods in the following cases:

1. Goods are transported in service of urgent requirements of preventing and combating epidemics, natural disasters, enemy sabotages.

2. They are transit goods of countries or international organizations while Vietnam is not a member of international treaties with those countries or such international organizations.

Article 28.Conditions on persons involved in the transportation of dangerous goods

1. Train running controllers, direct station train controllers, train captains, shunting group’s members (chief shunters, couplers, switchmen), freight personnel, operators of means carrying dangerous goods, warehouse keepers, handlers of dangerous goods at railway stations, and storing yards must be trained under the regulations of the Ministry of Transport.

2. Dangerous goods escorters, warehouse keepers, handlers of dangerous goods at goods owner storage must be trained under the regulations of agencies defined at Article 25 of this Decree.

Article 29.Loading, unloading, warehousing of dangerous goods

1. Persons loading, unloading and warehousing dangerous goods shall perform their tasks under the regulations of the Ministry of Transport and the agencies defined at Article 25 of this Decree.

2. Based on the regulations of the Ministry of Transport, the agencies defined at Article 25 of this Decree and instructions of goods consigners, persons taking the prime responsibility for receiving, and organizing the transport of, dangerous goods shall decide on schemes for loading and consolidation of dangerous goods and direct relevant office title holders to perform the cargo loading and unloading strictly according to regulations.

The loading and consolidation of dangerous goods on railway transport means must strictly comply with the cargo-loading schemes. Assorted dangerous goods prone to higher danger must not be loaded in the same wagon.

The formation of trains for transport of dangerous goods must strictly comply with the regulations on transportation of cargo of such type and group.

3. The loading and unloading of dangerous goods at warehouses, storing yards, dry docks of railway stations must comply with guidance of warehouse keepers. Based on the regulations of the Ministry of Transport as well as the agencies defined at Article 25 of this Decree and the instructions of goods consignors, the warehouse keepers shall guide and supervise the loading and unloading of dangerous goods at warehouses and storing yards and be held accountable during the time the dangerous goods are stored in warehouses or storing yards.

4. For dangerous goods of the types or groups, which, according to regulations, must be loaded, unloaded and stored at separate locations, they must be loaded, unloaded and stored at separate areas to ensure safety according to their particular properties.

5. After dangerous goods are fully taken out of warehouses or storing yards, the dangerous goods storage locations must be cleansed so as not to affect other commodities.

Article 30.Conditions on dangerous goods transport means

In addition to the conditions prescribed by the Railway Law, dangerous goods transport means must also satisfy the following conditions:

1. Being suitable to the type of to be-transported goods according to regulations.

2. If dangerous goods transport means are completely unloaded and not used for continued transportation of such type of goods, the goods consignees shall organize the cleansing thereof according to the prescribed process at designated places, not affecting the railways and environmental hygiene.

The Ministry of Transport shall assume the prime responsibility for, and coordinate with agencies defined at Article 25 of this Decree in, guiding the railway transport means-cleansing process and locations after the transport of dangerous goods.

Article 31.Responsibility of persons directly involved in the transportation of dangerous goods

1. Persons directly involved in the transportation of dangerous goods include train running controllers, direct station train controllers, train captains, shunting groups’ personnel, freight personnel, dangerous-goods train operators.

2. Apart from implementing the provisions of the Railway Law and relevant provisions of this Decree, based on their respective functions and tasks, the persons directly involved in the transportation of dangerous goods have the following responsibilities:

a/ To abide by the regulations stated in the permits, for types, groups and names of dangerous goods which require permits;

b/ To follow the instructions in the notices of the dangerous goods consignors;

c/ To compile dossiers of dangerous goods, comprising the transport bill, cargo- loading diagrams and other relevant papers;

d/ To regularly guide and supervise the handling of goods on means, to preserve dangerous goods in the course of transportation when there is no escort.

dd/ Upon detection of incidents to dangerous goods, thus threatening the safety of humans, means, environment and other goods in the course of transportation, to expeditiously apply measures to restrict or eliminate the dangerous goods’ s capability to cause harms; to make records thereof, to report such to the nearest People’s Committee and concerned bodies for handling. If it is beyond their handling capability, to report thereon to their superiors and the dangerous-goods consignors for timely settlement.

Article 32.Responsibility of dangerous goods consignors

Apart from implementing the provisions of the Railway Law and relevant provisions of this Decree, the dangerous goods consignors have the following responsibilities:

1. To acquire dangerous goods permits issued by competent bodies for types, groups and names of dangerous goods, which, as provided, require permits.

2. To make written declarations on dangerous goods as provided and hand them to the carriers before loading the goods on means, which clearly state the names of the dangerous goods; codes, types and groups of dangerous goods; total volume; type of packages; quantity of packs, bags; date and place of manufacture; full names and addresses of the dangerous goods consignors; full names and addresses of the dangerous goods consignees.

3. To notify in writing the dangerous goods carriers of the requirements to be met in the course of transportation; handling instructions in case of incidents caused by dangerous goods, even if there are escorts. To be liable for the arising losses due to late supply of information or supply of inaccurate or invalid information, documents and instructions.

4. To organize escort, for types and groups of dangerous goods which require escort as provided by the agencies defined at Article 25 of this Decree. The dangerous goods escorts shall regularly guide and supervise the loading and unloading of dangerous goods on means; join the train captains and concerned persons in preserving the goods and timely handling incidents occuring in the course of transport, if any.

Article 33.Responsibility of dangerous goods carriers

Apart from implementing the provisions of the Railway Law and relevant provisions of this Decree, the dangerous goods carriers also have the following responsibilities:

1. Only to conduct the transport when there are permits, for dangerous goods and those with adequate valid papers, which are packed and labelled according to regulations.

2. To check the dangerous goods, ensuring transport safety as provided.

3. To follow the instructions stated in consignors’ notices and the regulations in permits for dangerous goods.

4. To direct persons directly involved in the transport of dangerous goods to observe the regulations on railway transportation of dangerous goods.

5. To buy insurance as provided by law.

Article 34.Responsibility of local People’s Committees when incidents occur in the course of transporting dangerous goods

Upon receiving the notification of incidents occurring in the course of railway transportation of dangerous goods, the People’s Committees of the nearest localities shall mobilize forces to expeditiously perform the following tasks:

1. To rescue humans, means, dangerous goods.

2. To carry victims (if any) from areas of incidents and provide first-aids for victims.

3. To zone off, and evacuate people from polluted and hazardous areas and simultaneously report thereon to the superior People’s Committees for mobilization of fire-fighting, anti-toxic chemicals, anti-epidemics and environmental protection forces for timely handling of the incidents and consequence remedies.

4. To organize and arrange forces for protection of scenes, dangerous goods and means for continued transportation and in service of investigations and handling of consequences.

Article 35.Competence to grant permits for dangerous goods

1. Based on danger degrees of commodity types, groups and names in the lists of dangerous goods defined at Appendix I to this Decree, the agencies defined at Clause 2 of this Article shall prescribe types, groups and names of dangerous goods subject to permits to be compulsorily acquired by dangerous goods consignors, when the dangerous goods are transported on railways.

2. Competence to grant permits for dangerous goods to be transported on railways is provided as follows:

a/ The Ministry of Public Security provides the grant of permits for dangerous goods of types 1, 2, 3, 4 and 9 defined at Clause 1, Article 22 of this Decree;

b/ The Ministry of Science and Technology provides the grant of permits for dangerous goods of types 5, 7 and 8, defined at Clause 1, Article 22 of this Decree;

c/ The Ministry of Health provides the grant of permits for dangerous goods being toxic chemicals used in the medical domain and chemical insecticides and sterilizers for domestic use;

d/ The Ministry of Agriculture and Rural Development provides the grant of permits for dangerous goods being plant protection drugs;

dd/ The Ministry of Natural Resources and Environment provides the grant of permits for dangerous goods of types 6 and 9 defined at Clause 1, Article 22 of this Decree.

Article 36.Permits for dangerous goods

1. Dangerous goods permits shall be granted by the competent agencies defined in Clause 2 of Article 35 of this Decree to dangerous goods consignors.

2. A dangerous goods permits must each cover the following major contents:

a/ Name and address of dangerous goods consignor;

b/ Name, group, type and volume of dangerous goods;

c/ Names of railway stations for loading and unloading of dangerous goods;

d/ Itinerary and time of transportation of dangerous goods;

dd/ Cautions on special danger nature of dangerous goods (if any).

3. The agencies defined in Clause 2, Article 35 of this Decree shall stipulate the permit-granting dossiers, order, procedures and time limits and the management and distribution of dangerous goods permits. Forms of dangerous goods permits must fully cover the contents defined in Clause 2 of this Article.

4. Dangerous goods permits shall be granted for goods lots one by one.

Article 37.Registration of wagons for transport of dangerous goods and dangerous goods loading and unloading railway stations

Enterprises performing the railway transportation of dangerous goods shall register cars fully qualified for transport of dangerous goods, railway stations for loading and unloading of dangerous goods with the agencies defined at Clause 2, Article 35 of this Decree and effect such registration.

Chapter VI

URBAN RAILWAYS

Article 38. Standards of urban centers to be constructed with urban railways

Urban centers to be constructed with urban railways must fully satisfy the following standards:

1. They function as political, economic, cultural, scientific and technological, tourist and service centers, traffic hubs for domestic and international exchanges, playing the role of boosting the socio-economic development of a territorial region, inter-provincial regions or the whole country.

2. The non-agricultural labor ratio to the total labor represents 85% or higher.

3. The population size is one million inhabitants or more.

4. The average population density is 12,000 persons/ km²or more.

Article 39.Personnel for direct service of urban railway operation

1. Personnel for direct service of urban railway operation comprise: train operation controllers; train drivers; station train operation service personnel; train safety-support personnel.

2. Urban train drivers:

a/ Possessing urban train-driving licenses, certificates;

b/ Being averagely aged not over 55 years old for men and not more than 50 years old for women; possessing health certificates prescribed by the Ministry of Health;

c/ Passing the urban train driving tests.

3. The Minister of Transport shall prescribe criteria of personnel in direct service of urban train operation as provided in Clause 1 of this Article.

Article 40.Safety certification of urban train systems

1. Urban trains, when being put into operation, must have the system safety certificates.

2. The Ministry of Transport shall promulgate regulations on urban train system safety and conditions, order of, procedures for grant of system safety certificates for urban trains.

Chapter VII

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCIAL-LEVEL PEOPLE’S  COMMITTEES TO ENSURE RAILWAY TRAFFIC ORDER AND SAFETY

Article 41.Responsibility of the Ministry of Transport

1. To formulate specialized railway criteria, standards, techno-economic norms for promulgation according to competence or submission to competent state bodies for promulgation.

2. To prescribe the standards of establishments designing, building, repairing, registering and inspecting railway traffic equipment and means; to provide and organize the registration and inspection of railway traffic means.

3. To define the contents and programs of training of train attendants of different titles and the conditions on training establishments; to organize the management of training, grant of train driving licenses.

4. To inspect, examine and handle law violations in railway activities as provided by law.

5. To coordinate with local People’s Committees and concerned ministries as well as sectors in propagating, disseminating and guiding the law on railways and ensuring railway traffic order and safety; handling and overcoming the consequences of railway traffic incidents or accidents.

6. To coordinate with the Ministry of Public Security in monitoring, analyzing the causes of serious and particularly serious traffic accidents, working out effective measures to limit railway traffic accidents.

Article 42.Responsibility of the Ministry of Public Security

1. To direct the maintenance of railway traffic security, order and safety.

2. To inspect and sanction acts of violating the regulations on railway traffic security, order and safety.

3. To assume the prime responsibility for investigating and sanctioning railway traffic accidents; to make statistics on, to monitor, analyze and conclude on the causes of railway traffic accidents; to supply data on railway traffic accidents.

4. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, defining and proposing other ministries, sectors and provincial-level People’s Committees to apply measures to ward off and remedy causes of railway traffic accidents.

5. To direct the Railway-Road Traffic Police Department, public security offices of localities in the maintenance of railway traffic order and safety for train carrying high-level leaders of the Party and the State as well as international delegations, or carrying special cargoes.

Article 43.Responsibility of the Ministry of Finance

1. To ensure fund for management and maintenance of State- invested national railway infrastructures.

2. To ensure fund for the maintenance of railway traffic order and safety at the levels approved by the Prime Minister at the proposal of the Ministry of Transport and the Ministry of Public Security.

Article 44.Responsibility of the Ministry of Defense

To direct the military offices of all levels to coordinate with the railway sector and public security forces in maintaining railway traffic order and safety; to strictly observe the regulations on railway traffic order and safety in the transportation of military personnel, means and gears on railways.

Article 45.Responsibility of the Ministry of Information and Communications

1. To draw up plans for regular and widespread propagation and dissemination of law on railway to all people.

2. To direct central and local press agencies to regularly propagate and disseminate the law on railway, to mobilize people to strictly observe the law on railway traffic order and safety.

3. To guide the grant of permits for advertisement, which must not affect railway traffic order and safety.

Article 46.Responsibility of the Ministry of Education and Training

To assume the prime responsibility for, and coordinate with the Ministry of Transport and the Ministry of Public Security in, organizing the selection of necessary contents on assurance of railway traffic order and safety for dissemination and education thereof to pupils and students, suitable to their educational levels and disciplines.

Article 47.Responsibility of provincial-level People’s Committees

1. To direct and organize the propagation and education of law on railway traffic order and safety; to apply all necessary measures to establish railway traffic disciplines, order and safety; to assign district- and commune-level People’s Committees of localities where exist railway works to protect railway works in their respective localities.

2. To work out plans for, and organize and direct the clearance of illegally constructed works within the railway land scope.

3. To direct the subordinate People’s Committees of localities where railways are damaged due to traffic accidents or natural disasters to coordinate with the railway sector in prompt settlement of consequences and restoration of railway traffic.

Article 48.Responsibility of the mass media.

Central and local mass media shall work out plans, programs or columns for propagation and dissemination of law on railway traffic order and safety.

Article 49.Formulation of master plans for construction or transformation of works which affect the safety of railway works

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees must obtain the written consent of the Ministry of Transport when they formulate master plans for construction or transformation of works affecting the railway works.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 50.Determination of time points and principles for works existing within the railway land scope

1. Determination of time points:

a/ Works which had existed within the railway land scope before September 1, 1996, shall be handled in accordance with the Government Council’s Decree No.120/ CP of August 12, 1963, promulgating the Regulation prescribing the railway scopes and limits as well as railway traffic order and safety.

b/ Works which existed within the railway land scope from September 1, 1996, to December 31, 2005, shall be handled in accordance with the Government’s Decree No.39/CP of July 5, 1996, on assurance of railway traffic order and safety;

c/ Works which have existed within the railway land scope since January 1, 2006, shall be handled under the Railway Law.

2. Handling principles:

a/ Immediate dismantlement of works which cause harms to the safety of railway works, railway traffic safety;

b/ Works, which are deemed not yet directly affecting the safety of railway work, railway traffic safety, are allowed for temporary existence in status quo but the works owners must commit with local administration and railway infrastructure enterprises neither to expand nor develop and to immediately dismantle the works when so requested by competent state management bodies;

c/ The compensation and support for dismantled-work owners comply with provisions of law.

Article 51.Effect

This Decree takes effect on April 15, 2015 and replaces the Government’s Decree No.109/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Railway Law and Decree No. 03/2012/ND-CP of January 19, 2012, amending and supplementing a number of articles of the Government’s Decree No.109/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Railway Law.

Article 52.Implementation responsibility

1. The Ministry of Transport shall, within the scope of its assigned tasks and powers, detail and guide the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

* The appendices to this Decree are not translated.