Decree No. 65/2018/ND-CP dated May 12, 2018 of the Government on detailing a number of articles of the Railway Law

DECREE

Detailing a number of articles of the Railway Law^[1]

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

Pursuant to the June 16, 2017 Railway Law;

At the proposal of the Minister of Transport,

The Government promulgates the Decree detailing 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 handling of railway-railway intersections and road-railway intersections which do not conform to the provisions of the Railway Law and of unauthorizedly opened passages in order to ensure railway traffic order and safety and the handling roadmap; the list of accessories, spare parts, supplies and equipment exclusively used for railways; useful life of rolling stocks; railway business conditions; fare exemption and reduction for social policy beneficiaries traveling by rail; the list of dangerous goods and conditions for loading, uploading and railway transportation of dangerous goods and support for railway enterprises in the performance of special and social security tasks.

Article 2.Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals involved in railway activities in the territory of the Socialist Republic of Vietnam.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Useful life of a rolling stock is the duration of time during which a rolling stock is permitted to operate on the railway, counting from the time a newly built rolling stock is granted a certificate of quality, technical safety and environmental protection by a register organization or a quality certificate by the manufacturer to the time it is not permitted to operate on the railway.

2. Useful life of a rolling stock permitted to be imported is the maximum period during which a rolling stock has been operated or used by the time it is permitted to be imported.

3. Watch post is the place where persons are assigned to work 24 hours a day at a location where railway traffic accidents often occur in order to emit signals that are both supportive and imperative to make road users aware of a train which is about to pass in order to take timely measures to ensure traffic safety.

4. Guard is a warning activity of persons or equipment when a train is about to pass a location where railway traffic accidents are likely to occur, by order and other measures to alert road users not to cross the railway as a train is approaching the guarded location.

5. Less serious railway traffic accident is an accident involving between one injured person and five injured persons or causing property damage valued at between VND 20 million and under VND 100 million.

6. Serious railway traffic accident is an accident involving a death or between 6 and 8 injured persons or causing property damage valued at between VND 100 million and under VND 500 million.

7. Very serious railway accident is an accident involving two deaths or between 9 and 10 injured persons or causing property damage valued at between VND 500 million and under VND 1,500 billion.

8. Extremely serious railway accident is an accident involving 3 or more deaths or 11 or more injured persons, or causing property damage valued at VND 1,500 billion or more.

9. Dangerous location for railway traffic safety is a place where railway traffic accidents often or are likely to occur.

Chapter II

HANDLING OF RAILWAY-RAILWAY INTERSECTIONS AND ROAD-RAILWAY INTERSECTIONS WHICH DO NOT CONFORM TO THE PROVISIONS OF THE RAILWAY LAW AND OF UNAUTHORIZEDLY OPENED PASSAGES AND THE HANDLING ROADMAP

Section 1

REQUIREMENTS AND GENERAL PRINCIPLES

Article 4.Requirements and general principles

The handling of railway-railway intersections and road-railway intersections which do not conform to the provisions of the Railway Law and of unauthorizedly opened passages must satisfy the following requirements and principles:

1. Complying with the railway route and station master plans and provincial master plans of the places where the railway passes.

2. Preventing the unauthorized opening of new passages; reducing the number of and abolishing unauthorizedly opened passages by building collection roads and fences along the railways and non-level crossing intersections with railways suitable to capital-raising ability.

3. For construction works along railway traffic safety corridors at crossroads, there must be technical solutions to ensure traffic safety for people and vehicles in the course of operation.

4. Newly constructed crossroads must meet technical requirements, conform to relevant master plans and comply with law.

Section 2

DANGEROUS LOCATIONS FOR RAILWAY TRAFFIC SAFETY

Article 5.Provisions on dangerous locations for railway traffic safety

1. Dangerous locations for railway traffic safety include:

a / Places where railway traffic accidents frequently occur (below referred to as black spots of railway traffic accidents);

b/ Places where railway traffic accidents are likely to occur (below referred to as potential black spots of railway traffic accidents).

2. Dangerous crossroads are crossroads where traffic accidents frequently occur or are likely to occur according to the criteria stated in Articles 6 and 7 of this Decree.

Article 6.Criteria for identifying black spots of railway traffic accidents

Black spots of railway traffic accidents shall be identified based on the number of accidents and the extent of damage caused by railway traffic accidents having occurred within 12 months counted from the time of occurrence of the last accident in the following cases:

1. Location where occur(s) one or more than one very serious accident.

2. Location where occur 2 or more serious accidents.

3. Location where occur 3 or more less serious accidents.

Article 7.Criteria for identifying potential black spots of railway traffic accidents

Potential black spots of railway traffic accidents shall be identified based on the current status of railway works, railway traffic safety corridors, number of accidents and the extent of damage caused by railway traffic accidents within 12 months counted from the time of occurrence of the last accident in the following cases:

1. Places where at least one deadly accident has occurred, or at least 2 accidents involving only injured persons have occurred but not to the extent of being identified as black spots of railway traffic accidents.

2. The current status of railway traffic safety works and corridors, and the work of traffic organization show elements affecting railway traffic safety, including:

a/ The visibility of drivers is limited;

b/ The crossroad does not meet the technical requirements; the distance between the crossroads is incompliant with the regulations of the Minister of Transport;

c/ The railway traffic safety corridor is encroached upon or passes a densely populated area;

d/ The area has many unauthorizedly opened passages crossing the railway and other potentially unsafe places.

Article 8.Management of dangerous locations for railway traffic safety

1. Provincial-level People’s Committees of localities where exist dangerous locations for railway traffic safety shall:

a/ Assume the prime responsibility for organizing the monitoring, analysis and listing and making of roadmaps for the abolition of, and implementation of measures to ensure railway traffic safety at, dangerous locations for railway traffic safety on the national railway and special-use railways within the scope of their management;

b/ Organize the management of dangerous locations for railway traffic safety specified at Point a, Clause 1 of this Article.

2. The specialized railway transport state management agency shall:

a/ Coordinate with provincial-level People’s Committees in implementing the contents specified at Point a, Clause 1 of this Article on the national railway;

b/ Examine and propose to the Ministry of Transport measures to ensure railway traffic safety at dangerous crossroads on the national railway; propose to provincial-level People’s Committees measures to ensure railway traffic safety at remaining dangerous locations for railway traffic safety on the national railway;

c/ Inspect and direct the national railway infrastructure enterprises in implementing the provisions of Clause 3 of this Article.

3. Railway infrastructure enterprises shall:

a/ Assume the prime responsibility for, and coordinate with the People’s Committees at all levels in, drawing up lists and working out roadmaps and implementing measures to ensure safety at dangerous locations for railway traffic safety on the national railway when assigned, leased or transferred;

b/ Manage dossiers of, and inspect and update, dangerous locations for railway traffic safety on the national railway to serve management work;

c/ Propose to the specialized railway transport state management agency measures to ensure railway traffic safety at dangerous locations on the national railway.

4. Special-use railway owners shall:

a/ Assume the prime responsibility for, and coordinate with the People’s Committees at all levels in, drawing up lists and working out roadmaps and implementing measures to ensure safety at dangerous locations for railway traffic safety on special-use railways;

b/ Manage dossiers of, and inspect and update dangerous locations for railway traffic safety on special-use railways to serve management work.

Article 9.Implementation of measures to ensure traffic safety at dangerous locations

In addition to complying with the provisions of the Railway Law and relevant laws, organizations and individuals shall take measures to ensure traffic safety at dangerous locations, specifically as follows:

1. Provincial-level People’s Committees shall assume the prime responsibility for organizing the implementation of the following measures to ensure railway traffic safety at dangerous locations for railway traffic safety:

a/ Organizing traffic in dangerous areas for railway traffic safety;

b/ Clearing up railway and road traffic safety corridors and applying measures to ensure traffic safety in the areas under their management;

c/ Taking measures to immediately redress black spots of railway traffic accidents so as to prevent or minimize railway traffic accidents in these locations;

d/ Organizing the reduction or abolition of dangerous locations for railway traffic safety, except the cases specified at Points a and b, Clause 4 of this Article, or to abolish potential spots of causing traffic accidents (in the order of priority for potential spots of traffic accidents);

dd/ Pending the implementation of the measures specified at Points a, b, c and d of this Clause, immediately setting up watch posts and arrange physical foundations for watch posts and guard stations at unauthorizedly opened passages identified as dangerous for railway traffic safety; arranging people who have been trained professionally before organizing the watch or guard at those passages identified as black spots or potential black spots of railway traffic accidents.

2. The specialized railway transport state management agency shall:

a/ Coordinate with the People’s Committees at all levels and railway infrastructure enterprises in implementing the contents prescribed at Points b, c and d, Clause 1 of this Article at dangerous locations for railway traffic safety on the national railway;

b/ Coordinate with railway infrastructure enterprises and the People’s Committees at all levels in organizing the reduction and abolition of crossroads which are dangerous for railway traffic safety on the national railway; provide professional training for people who are arranged by local authorities to watch and guard at unauthorizedly opened passages which are dangerous for railway traffic safety on the national railway.

3. Railway infrastructure enterprises shall:

a/ Coordinate with the People’s Committees at all levels and the specialized railway transport state management agency in implementing the contents prescribed at Points b, c and d, Clause 1 of this Article at dangerous locations for railway traffic safety on the national railway;

b/ Abolish crossroads which are dangerous for railway traffic safety on the national railway;

c/ Provide professional training on watch and guard and provide equipment for people arranged by local authorities to watch and guard at unauthorizedly opened passages which are dangerous for railway traffic safety;

d/ Set up guard posts at crossroads which are dangerous for traffic safety on the national railway.

4. Special-use railway owners shall:

a/ Coordinate with the People’s Committees at all levels in implementing the contents prescribed at Points b, c and d, Clause 1 of this Article for dangerous locations for railway traffic safety on special-use railways;

b/ Abolish crossroads which are dangerous positions for railway traffic safety on special-use railways;

c/ Provide professional training on watch and guard and provide equipment for people arranged by local authorities to watch and guard at unauthorizedly opened passages which are dangerous for railway traffic safety on special-use railways;

d/ Set up guard posts at crossroads which are dangerous for traffic safety on special-use railways.

Article 10.Special-use railways intersecting the national railway

1. Owners of special-use railways shall invest, build and maintain non-level crossing intersections between special-use railways and the national railway.

2. Responsibilities of related agencies pending the construction of non-level crossing intersections between special-use railways and the national railway with the State’s investment prescribed in Clause 1 of this Article are prescribed below:

a/ The Ministry of Transport shall organize the renovation, upgrading and maintenance of the sections of the national railway intersecting special-use railways;

b/ National railway infrastructure enterprises shall maintain the sections of the national railway intersecting special-use railways in accordance with law when they are assigned, leased or transferred; assume the prime responsibility for, and coordinate with the owners of special-use railways in, organizing guard and applying measures to ensure the safety for trains passing these intersections; assume the prime responsibility for and unify the regulation of railway transport for trains passing these intersections;

c/ Special-use railway owners shall renovate, upgrade and maintain the sections of special-use railways intersecting the national railway; coordinate in and obey the operation of railway transport by national railway infrastructure enterprises for trains passing these intersections.

Article 11.Railways intersecting roads of grade III or higher grades; railways intersecting urban roads; railways with a design speed of at least 100 km/h intersecting roads; urban railways intersecting roads

1. New construction work owners shall invest in the construction of non-level crossing intersections and organize the management and maintenance of these intersections.

2. Responsibilities of related agencies pending the construction of non-level crossing intersections prescribed in Clause 1 of this Article are prescribed below:

a/ The People’s Committees at all levels, railway infrastructure enterprises, project owners or organizations and individuals that wish to go by rail shall comply with the provisions of Clause 4, Article 17 of the Railway Law;

b/ New construction work owners shall invest in, build, upgrade or renovate into guarded crossroads and take responsibility for organizing the management, maintenance and operation of these crossroads, or hire enterprises to organize the management, maintenance and operation of these crossroads.

Article 12.Railways with a design speed of under 100 km/h intersecting roads; railways intersecting roads of grade IV or lower grades

1. A crossroad shall be built at the intersection between a railway with a design speed of under 100 km/h and a road or between a railway and a road of grade IV or lower grades. Investment projects on the construction of crossroads must comply with the provisions of this Decree and relevant laws.

2. The competence to approve the policy on construction of crossroads is prescribed below:

a/ The Ministry of Transport, for crossroads built on the national railway or public crossroads built on special-use railways related to national highways;

b/ Provincial-level People’s Committees, for crossroads built on special-use railways which are related to provincial roads, district roads, commune roads, urban roads and special-use roads under their management;

c/ Special-use railway owners, for special-use crossroads to be built on special-use  railways.

3. Dossiers and order for obtaining approval of the policy on construction of crossroads:

a/ When formulating investment projects on the construction of crossroads, project owners shall compile one set of dossier of proposal for policy approval, comprising a written proposal made according to the form in Appendix I to this Decree and a plan of the crossroad construction area;

b/ Dossiers shall be sent to the competent agencies specified in Clause 2 of this Article directly, by post or in other appropriate ways;

c/ Within 2 working days after receiving a valid dossier, the competent agency or organization specified in Clause 2 of this Article shall send a written request for opinion to related agencies and units. If the dossier remains invalid, within 2 working days, the competent agency or organization shall issue a written reply instructing the project owner to complete the dossier under this Decree;

d/ Within 5 working days after receiving a written request for opinion, related agencies and organizations shall issue a written reply; past this time limit, if they have no opinions, they shall be considered agreeing with the dossier and shall bear responsibility for their opinions.

dd/ Within 5 working days after receiving a complete dossier as prescribed, the competent agency or organization shall issue a written approval made according to the form in Appendix II to this Decree; in case of disapproval, it shall issue a written reply specifying the reason.

4. Railway infrastructure enterprises, special-use railway owners and organizations and individuals using crossroads shall apply measures to ensure railway traffic safety at crossroads.

5. District-level People’s Committees of the localities where railways pass shall assume the prime responsibility for, and coordinate with railway infrastructure enterprises, special-use railway owners and related organizations and individuals in, clearing up traffic safety corridors at crossroads under regulations.

6. New construction work owners shall invest in, construct, upgrade, renovate, and organize the management, maintenance and operation of, crossroads according to this Decree and other relevant laws.

Article 13.Management of unauthorizedly opened passages

1. Provincial-level People’s Committees of places where exist dangerous locations for railway traffic safety shall:

a/ Assume the prime responsibility for organizing the compilation of management dossiers and roadmaps for the application of measures to ensure railway traffic safety at unauthorizedly opened passages on the railways under their management;

b/ Organize the management and monitoring of railway traffic safety at unauthorizedly opened passages prescribed at Point a, Clause 1 of this Article, and promptly take measures to prevent the unauthorized opening of new passages.

2. The specialized railway transport state management agency shall:

a/ Coordinate with provincial-level People’s Committees in implementing the contents specified at Point a, Clause 1 of this Article regarding the national railway;

b/ Examine and propose to provincial-level People’s Committees measures to ensure railway traffic safety at unauthorizedly opened passages on the national railway;

c/ Inspect and direct the national railway infrastructure enterprise in implementing the provisions of Clause 3 of this Article.

3. Railway infrastructure enterprises shall:

a/ Assume the prime responsibility for, and coordinate with the People’s Committees of all levels in, compiling management dossiers and roadmaps for taking measures to ensure safety at unauthorizedly opened passages on the national railway when assigned, leased or transferred;

b/ Manage dossiers of, inspect and update unauthorizedly opened passages on the national railway to serve management work; promptly detect, report and coordinate with the People’s Committees at all levels in taking measures to prevent the unauthorized opening of passages.

4. Special-use railway owners shall:

a/ Assume the prime responsibility for, and coordinate with the People’s Committees of all levels in, compiling management dossiers and roadmaps for the application of measures to ensure safety at unauthorizedly opened passages on special-use railways;

b/ Manage dossiers of, inspect and update unauthorizedly opened passages on special-use railways to serve management work; promptly detect, report and coordinate with the People’s Committees at all levels in taking measures to prevent the unauthorized opening of passages.

Article 14.Implementation of measures to prevent the unauthorized opening of passages, narrowing and abolition of unauthorizedly opened passages through railways

In addition to complying with the provisions of the Railway Law and relevant laws, organizations and individuals shall take measures to control the unauthorized opening of passages, and narrow and abolish existing passages, specifically as follows:

1. Provincial-level People’s Committees shall:

a/ Organize the control of the unauthorized opening of passages, narrowing and abolition of existing passages. Pending the abolition of unauthorizedly opened passages, take measures to enhance traffic safety, including organizing the division of traffic flows for vehicles passing the passages in order to minimize the density of vehicles crossing the railways; and take measures to narrow the passages and maintain adequate warning signs in these passages’ areas under regulations;

b/ Organize the reduction of the number and abolition of unauthorizedly opened passages, including renovating and upgrading these passages into railway-road intersections in conformity with the approved relevant master plan; building collection roads combined with protection fences to connect to crossroads and non-level crossing intersections so as to reduce the number of unauthorizedly opened passages crossing the railway;

c/ Assume the prime responsibility for, and coordinate with the specialized railway transport state management agency, railway infrastructure enterprises, special-use railway owners and related organizations and individuals in, implementing the contents specified at Points a and b, Clause 1 of this Article.

2. The specialized railway transport state management agency shall:

a/ Coordinate with the People’s Committees at all levels and railway infrastructure enterprises in implementing the provisions of Clause 1 of this Article;

b/ Inspect, urge and direct railways infrastructure enterprises in coordinating in the control, reduction and abolition of unauthorizedly opened passages and measures to ensure safe traffic through these passages.

3. Railway infrastructure enterprises and special-use railway owners shall coordinate with the People’s Committees at all levels in implementing the contents specified at Points a and b, Clause 1 of this Article.

Article 15.Funds for the management, reduction and abolition of unauthorizedly opened passages and crossroads identified as dangerous locations for railway traffic safety

1. Funds for the management, reduction and abolition of unauthorizedly opened passages on the national railway and special-use railways shall be allocated from the local budgets or from the central budget to the localities under projects approved by a competent authority.

2. Funds for the management, reduction and abolition of crossroads on the national railway which are identified as dangerous locations for railway traffic safety shall be allocated from the central budget and other funding sources as prescribed by law.

3. Funds for the management, reduction and abolition of special-use railways intersecting the national railway, crossroads on special-use railways or crossroads used by organizations and individuals which are identified as dangerous locations for railway traffic safety under this Decree shall be borne by special-use railway owners and users.

4. Organizations and individuals are encouraged and provided with favorable conditions to invest their own funds in the narrowing, reduction and abolition of unauthorizedly opened passages and dangerous locations for railway traffic safety.

Article 16.Roadmaps for narrowing, reduction and abolition of unauthorizedly opened passages and abolition of special-use railways intersecting the national railway

The narrowing and abolition of unauthorizedly opened passages and the abolition of special-use railways intersecting the national railway shall be carried out according to the following roadmap:

1. By 2020, the following tasks will be completed:

a/ Completing the compilation of dossiers and organizing the management of dangerous locations for railway traffic safety and unauthorizedly opened passages under Articles 8 and 13 of this Decree;

b/ Working out plans for the narrowing, reduction and abolition of unauthorizedly opened passages and dangerous locations for railway traffic safety;

c/ Concentrating on the abolition of unauthorizedly opened passages in densely populated areas with railway sections on which trains run at high speed and frequency; and unauthorizedly opened passages which are dangerous for railway traffic safety;

d/ Narrowing the width to less than 3 meters for all unauthorizedly opened passages with a width of 3 meters or more.

2. By 2025, the following tasks will be completed:

a/ Abolishing all remaining unauthorizedly opened passages on the railway lines;

b/ Abolishing intersections between special-use railways and the national railway. Organizing other modes of transport crossing the national railway at these intersections or abolishing these intersections.

Chapter III

LIST OF ACCESSORIES, SPARE PARTS, SUPPLIES AND EQUIPMENT EXCLUSIVELY USED FOR RAILWAYS; USEFUL LIFE OF ROLLING STOCKS AND IMPLEMENTATION ROADMAP

Article 17.List of accessories, spare parts, supplies and equipment exclusively used for railways

1. The list of accessories, spare parts, supplies and equipment exclusively used for railways is in Appendix III to this Decree.

2. In case it is necessary to adjust the list of accessories, spare parts, supplies and equipment exclusively used for railways, the Minister of Transport shall sum up and report them to the Prime Minister for consideration and decision.

Article 18.Useful life of rolling stocks

1. For locomotives and passenger carriages operating on main lines of the national railway, special-use railway or urban railway: not exceeding 40 years.

2. For freight wagons running on main lines of the national railway or special-use railway: not exceeding 45 years.

3. The provisions on useful life of rolling stocks prescribed in Clauses 1 and 2 of this Article shall not apply to salvage and rescue activities; movement in stations, terminals, depots, and factories; transfer between stations and depots; steam locomotives pulling tourist trains and special-use vehicles moving on the rail.

4. For imported used rolling stocks: Only passenger carriages, locomotives and urban railway carriages which have been used for not more than 10 years and freight wagons which have been used for not more than 15 years may be imported.

5. The useful life of a rolling stock shall be counted from the time the newly built rolling stock is granted a certificate of quality, technical safety and environmental protection by a register organization or a quality certificate by the manufacturer.

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

1. Rolling stocks whose useful life will expire before December 31, 2018, may operate through December 31, 2020.

2. Rolling stocks whose useful life will expire between January 1, 2019, and before December 31, 2019, may operate through December 31, 2021.

3. Rolling stocks whose useful life will expire between January 1, 2020, and before December 31, 2020, may operate through December 31, 2022.

4. Rolling stocks whose useful life will expire on January 1, 2023, and afterward may not operate after their useful life expires.

Chapter IV

RAILWAY BUSINESS CONDITIONS

Article 20.Conditions for doing railway infrastructure business

A railway infrastructure enterprise must fully satisfy the following conditions:

1. Having a section in charge of safety. The head of the railway infrastructure safety section must have a university degree in railway work construction and at least 3 years of personally working in one of the following fields: railway infrastructure construction, management and maintenance.

2. At least one manager of the enterprise must have a university degree and at least 3 years of personally working in one of the following fields: railway infrastructure construction, management and maintenance.

3. The railway infrastructure under the management of the enterprise must conform to the current technical regulations.

Article 21.Conditions for doing railway transport business

A railway transport enterprise must fully satisfy the following conditions:

1. Having a section in charge of railway transport safety.

2. Having at least one person in charge of safety work who must possess a university degree in railway transport and at least 3 years of directly working in railway transport management and operation.

3. The person assigned to take main charge of technical management of transport operation must possess a university degree and at least 3 years of working in railway transport operation.

Article 22.Conditions for doing urban railway business

An urban railway enterprise must fully satisfy the following conditions:

1. The urban railway system, when put into operation, must have a system safety certificate as prescribed by law.

2. Having sections in charge of railway infrastructure safety and railway transport safety, in which:

a/ The person in charge of railway infrastructure safety must have a university or higher degree and at least 3 years of personally working in one of the following fields: railway infrastructure construction, management and maintenance;

b/ The person in charge of railway transport safety must have a university or higher degree and at least 3 years of personally working in the field of railway transport.

3. Having at least 3 managers with a university or higher degree, of whom:

a/ One must have at least 3 years of personally working in one of the following fields: railway infrastructure construction, management and maintenance;

b/ One must have at least 3 years of personally working in the field of railway transport;

c/ One must have at least 3 years of personally working in locomotive, carriage and wagon management, use and repair;

4. For urban railway lines which are put into operation for the first time, during 3 years from the time of commencement of operation, if there are insufficient staffs with the required number of years of work experience specified in Clause 3 of this Article, an enterprise must satisfy the following conditions:

a/ The person assigned to take main charge of railway infrastructure management must have a university or higher degree in railway work construction and a certificate of training in technology transfer in the infrastructure management and operation of urban railway lines assigned to them for management;

b/ The person assigned to take main charge of railway transport management and operation must have a university or higher degree in railway transport or railway transport economics and a diploma or certificate of training in technology transfer in the transport management and operation of urban railway lines assigned to them for management;

c/ The person assigned to take main charge of management of locomotives, carriages and wagons must have a university or higher degree in locomotives, carriages and wagons and a diploma or certificate of training in technology transfer in urban railway locomotives, carriages and wagons assigned to them for management.

5. An urban railway enterprise must adopt all measures to ensure absolute safety in the course of operation.

Chapter V

FARE EXEMPTION AND REDUCTION FOR SOCIAL POLICY BENEFICIARIES TRAVELLING BY TRAIN

Article 23.Persons eligible for fare reduction

1. Persons engaged in revolutionary activities before the August 19, 1945 General Uprisings.

2. Vietnam Hero Mothers.

3. War invalids and persons enjoying policies like war invalids.

4. Resistance-war activists exposed to chemical toxins.

5. People with extremely serious or serious disabilities.

6. The elderly.

7. Other eligible persons as defined by law.

Article 24.Fare exemption and reduction for each group of social policy beneficiaries

1. Fare reduction is applicable to the following persons:

a/ 90% reduction for persons engaged in revolutionary activities before the August 19, 1945 General Uprisings; and Vietnam Hero Mothers;

b/ 30% reduction for war invalids, persons enjoying policies like war invalids; and agent orange victims;

c/ Fare reductions for persons with extremely serious or serious disabilities and the elderly as prescribed by the laws on persons with disabilities and the elderly.

2. The fare reduction prescribed in Clause 1 of this Article shall be based on the actual fares of the types of seat and types of train used.

3. The fare exemption and reduction for social policy beneficiaries specified in Article 23 travelling on international passenger trains must comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The fare exemption and reduction for social policy beneficiaries specified in Clause 7 of Article 23 must comply with law.

Article 25.Other provisions on fare exemption and reduction

1. Depending on specific conditions and points of time, railway transport enterprises may expand the categories of persons eligible for fare exemption and reduction for children of different age groups and for other categories of passengers, and decide on fare reduction levels.

2. A social policy beneficiary who is concurrently eligible for two or more fare reductions may only enjoy the highest fare reduction.

3. To enjoy fare exemption or reduction, eligible persons shall produce relevant certificates together with their personal identity papers when they buy train tickets and travel on trains.

Chapter VI

LIST OF DANGEROUS GOODS AND TRANSPORTATION OF DANGEROUS GOODS BY RAIL

Section 1

DANGEROUS GOODS

Article 26.Classification of dangerous goods

1. Depending on their chemical and physical properties, dangerous goods are classified into 9 classes and subdivided into divisions below:

a/ Class 1. Explosives, including the following divisions:

Division 1.1: Explosives.

Division 1.2: Industrial explosives.

b/ Class 2. Flammable and toxic gas, including the following divisions:

Division 2.1: Flammable gas.

Division 2.2: Toxic gas.

c/ Class 3: Flammable liquids and liquid desensitized explosives.

d/ Class 4: Flammable solids, including the following divisions:

Division 4.1: Flammable solids, self-reactive substances and solid desensitized explosives.

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances which in contact with water emit flammable gas.

dd/ Class 5: Oxidizing substances, including the following divisions:

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

e/ Class 6: Toxic and infectious substances, including the following divisions:

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

g/ Class 7: Radioactive materials.

h/ Class 8: Corrosive substances.

i/ Class 9: Other dangerous substances and articles.

2. Packages and containers of dangerous goods (excluding packages and containers of gas and flammable liquids of level 1 and with a volume of less than 0.5 m³) which have not yet been cleaned inside and outside after the dangerous goods are completely taken out shall be also considered corresponding dangerous goods.

Article 27.Lists of dangerous goods

The list of dangerous goods classified by class and division with their codes and danger numbers must comply with the law on dangerous goods.

Article 28.Packing, packages, containers, labels, symbols and warning signs of dangerous goods

1. Dangerous goods subject to packing shall be packed before they are transported by rail. The packing of dangerous goods must comply with the relevant national standards and technical regulations, regulations on packing of dangerous goods, and regulations of competent state agencies.

2. Dangerous goods packages and containers must satisfy the relevant national standards and technical regulations, and regulations on packing of dangerous goods and shall be affixed with dangerous goods symbols. The sizes, signs and colors of dangerous goods symbols must comply with the provisions of Section 1 of Appendix IV
to this Decree.

3. The labeling of dangerous goods must comply with the regulations on labeling of domestically sold goods, imports and exports.

4. Dangerous goods symbols shall be affixed on both sides of dangerous goods-carrying trains. If a train carries different kinds of dangerous goods, all the symbols of those dangerous goods shall be affixed. If trains carry containers or cisterns containing dangerous goods, the symbols of such dangerous goods shall also be affixed on such containers or cisterns.

5. The danger signs have a rectangular shape on orange background, with the United Nations number (UN number) written in the middle. The sizes of danger signs are prescribed in Section 2 of Appendix IV to this Decree. The danger sign shall be affixed below the dangerous goods symbol.

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

Section 2

TRANSPORTATION OF DANGEROUS GOODS

Article 29.General provisions

1. Vietnamese and foreign organizations and individuals carrying out activities related to the railway transportation of dangerous goods shall comply with the provisions of the Railway Law and other relevant laws.

2. Train operation, formation and shunting during the transportation of dangerous goods must comply with the national technical regulations on railway operation and railway signals.

4. The Ministry of National Defense and Ministry of Public Security shall, based on their respective functions, tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Transport in, prescribing the railway transportation of dangerous goods to serve national defense and security purposes.

Article 30.Transportation of dangerous goods in special cases, for national defense and security purposes

The Prime Minister shall decide on the railway transportation of dangerous goods to meet urgent requirements of preventing and combating epidemics, natural disasters and enemy sabotage and serve national defense and security purposes at the proposal of related ministries and agencies.

Article 31.Requirements on persons involved in the transportation of dangerous goods

1. Train operation controllers, direct station train operators, train captains, members of the train shunting team (head of the team, couplers and switchmen), freight workers at stations, drivers of dangerous goods-carrying trains, storekeepers, and workers loading and unloading dangerous goods at stations and storing yards shall be provided with professional training in occupational safety and health under the law on occupational safety and health and in the transportation of dangerous goods according to the instructions on training contents and programs issued by competent state agencies prescribed in Clause 2,
Article 39 of this Decree.

2. Training contents related to each class and division of goods to be transported include:

a/ Physical and chemical characteristics and properties of dangerous goods;

b/ Assessment and detection of risks and dangers in the course of performing dangerous goods transportation jobs;

c/ Preventive measures and improvement of working conditions when performing dangerous goods transportation jobs;

d/ Handling of incidents occurring during the storage, loading, unloading, preservation and transportation of dangerous goods.

Article 32.Loading, unloading and storage of dangerous goods

1. Persons loading, unloading and storing dangerous goods shall perform their tasks under this Decree and the instructions of the competent agencies specified in Clause 2, Article 39 of this Decree.

2. Pursuant to the regulations of the Ministry of Transport and the competent agencies specified in Clause 2, Article 39 of this Decree and instructions of consignors, persons in charge of receiving, and organizing the transportation of, dangerous goods shall decide on plans on the loading and secure arrangement of dangerous goods and guide related workers to load and unload the goods under regulations.

a/ The loading and secure arrangement of dangerous goods on trains must strictly comply with cargo loading plans; classes of dangerous goods which will pose higher danger when placed together may not be loaded in the same wagon;

b/ The formation of trains to transport dangerous goods must strictly comply with the regulations on transportation applicable to classes and divisions of such goods.

3. The loading and unloading of dangerous goods at warehouses, storing yards and depots must comply with instructions of storekeepers. Based on the regulations of the Ministry of Transport and the competent agencies specified in Clause 2, Article 39 of this Decree and the instructions of consignors, storekeepers shall guide and supervise the loading and unloading of dangerous goods at warehouses and storing yards and bear responsibility during the time the dangerous goods are stored.

4. For dangerous goods of classes and divisions required by law to be loaded, unloaded and stored in separate locations, they shall be loaded, unloaded and stored in separate areas to ensure safety according to their own characteristics.

5. After dangerous goods are fully taken out of warehouses or storing yards, the dangerous goods storage places shall be cleaned so as not to affect other goods.

Article 33.Requirements on and cleaning of dangerous goods-carrying trains

1. Trains must conform to the national technical regulations issued by the Minister of Transport and be suitable to classes of goods to be transported.

2. Consignees shall clean trains carrying dangerous goods after the unloading of dangerous goods according to regulations so as not to affect railways and the environment.

3. Dangerous goods-carrying trains shall be cleaned at stations where dangerous goods are unloaded. Wastes and wastewater discharged in the process of cleaning shall be collected, disposed of and managed in accordance with the law on environmental protection.

4. Cleaning procedures: After dangerous goods are unloaded, trains shall be cleaned in the following order:

a/ Dry cleaning by dredging, sweeping and gathering goods scattered on the trains;

b/ Wet cleaning with detergents and clean water;

c/ Collecting, managing and disposing of wastes according to regulations.

Article 34.Responsibilities of persons directly involved in the transportation of dangerous goods

1. Persons directly involved in the transportation of dangerous goods, including train operation controllers, direct station train operators, train captains, members of the train shunting team, freight workers and drivers of dangerous goods-carrying trains, in addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, shall:

a/ Comply with the provisions in the permits as applicable to the classes, divisions and names of dangerous goods which require permits;

b/ Follow the instructions in the notices of the dangerous goods consignors;

c/ Upon detection of incidents to dangerous goods threatening the safety of humans, trains, environment and other goods in the course of transportation, promptly apply measures to restrict or eliminate the dangerous goods’ possibility to cause harms; make written records and report the incidents to the People’s Committee of the nearest place and related agencies for handling. For incidents falling beyond their handling capability, report them to their superiors and the dangerous-goods consignors for timely settlement.

2. In addition to complying with the provisions of Clause 1 of this Article, freight workers shall:

a/ Compile dossiers of dangerous goods, including the bill of carriage, loading plan and other relevant papers;

b/ Regularly guide and supervise the loading and uploading of goods onto and from the trains, and preserve unescorted dangerous goods in the course of transportation;

c/ Upon detection of incidents to dangerous goods threatening the safety of humans, trains, environment and other goods in the course of transportation, promptly apply measures to restrict or eliminate the dangerous goods’ possibility to cause harms; make written records and report the incidents to the People’s Committee of the nearest place and related agencies for handling. For incidents falling beyond their handling capability, report them to their superiors and the dangerous-goods consignors for timely settlement.

Article 35.Contracts on transportation of dangerous goods

Contracts on transportation of dangerous goods shall be established according to Article 55 of the Railway Law and other relevant laws.

Article 36.Responsibilities of dangerous goods consignors

In addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, dangerous goods consignors shall:

1. Obtain dangerous goods transportation permits from competent agencies for classes, divisions and names of dangerous goods which require permits.

2. Make dangerous goods declarations as required and hand them to the carrier before loading the goods on trains, which must clearly state the names of the dangerous goods; codes, classes and divisions of dangerous goods; total weight; type of packages; quantity of packages or bags; date and place of manufacture; full name and address of the consignor; and full name and address of the consignee.

3. Notify in writing the dangerous goods carrier of the requirements to be complied with in the course of transportation; provide instructions for handling incidents caused by dangerous goods, even if there are escorts; and take responsibility for losses caused by the late provision of information or provision of inaccurate or invalid information, documents and instructions.

4. To organize escort for dangerous goods of classes and divisions which are required to have escorts by the ministries specified in Clause 3, Article 29 of this Decree. Dangerous goods escorts shall constantly instruct and supervise the loading and unloading of dangerous goods onto and from the trains; join the train captain or person assigned to perform the train captain’s duties and related persons in preserving the goods and promptly handling any incidents occurring in the course of transportation.

5. To buy insurance for dangerous goods transported by rail as prescribed by law.

Article 37.Responsibilities of dangerous goods carriers

In addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, dangerous goods carriers shall:

1. Transport only dangerous goods which have permits and adequate valid papers and are packed and labeled according to regulations.

2. To check the dangerous goods and ensure safety during the transportation according to regulations.

3. To follow the instructions given in the consignor’s notice and the provisions in the dangerous goods transportation permits.

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

5. To buy insurance as prescribed by law.

Article 38.Responsibilities of local People’s Committees when incidents occur to transported dangerous goods

Upon receiving a notice of an incident occurring in the course of railway transportation of dangerous goods, the People’s Committee of the nearest place shall mobilize forces to promptly perform the following tasks:

1. Rescuing people, trains and dangerous goods.

2. Carrying victims (if any) out of the incident scene and providing them with first aid.

3. Isolating and evacuating people out of the polluted area and simultaneously reporting the incident to the higher-level People’s Committee for mobilization of fire-fighting, chemical incident-handling, anti-epidemic and environmental protection forces to timely handle the incident and remedy consequences.

4. Organizing and arranging forces to protect the scene, dangerous goods and trains for continued transportation and serve investigation and consequence remediation activities.

Article 39.Competence to grant dangerous goods transportation permits

1. Based on the extent of danger of dangerous goods, the competent agencies specified in Clause 2 of this Article shall prescribe classes, divisions and names of dangerous goods for which consignors shall obtain permits for their railway transportation.

2. The competence to grant permits for railway transportation of dangerous goods is prescribed below:

a/ The Ministry of Public Security shall grant transportation permits for dangerous goods of classes 1, 2, 3, 4 and 9 defined in Clause 1, Article 26 of this Decree which do not fall under the management of the Ministry of National Defense;

b/  The Ministry of National Defense shall grant transportation permits or orders for dangerous goods of classes 1, 2, 3, 4 and 9 defined in Clause 1, Article 26 of this Decree which fall under its management;

c/ The Ministry of Science and Technology shall stipulate the grant of transportation permits for dangerous goods of classes 5, 7 and 8 defined in Clause 1, Article 26 of this Decree;

d/ The Ministry of Health shall stipulate the grant of transportation permits for dangerous goods being toxic chemicals for medical use and insecticides and germicides for domestic use;

dd/ The Ministry of Agriculture and Rural Development shall stipulate the grant of transportation permits for dangerous goods being pesticides;

e/ The Ministry of Natural Resources and Environment shall stipulate the grant of transportation permits for dangerous goods of class 6 defined in Clause 1, Article 26 of this Decree.

Article 40.Dangerous goods transportation permits

1. Dangerous goods transportation permits shall be granted by the competent agencies specified in Clause 2, Article 39 of this Decree to dangerous goods consignors.

2. Dangerous goods transportation permits shall be made according to Form No. 01 or No. 07 in Appendix V to this Decree.

3. Dangerous goods transportation permits shall be granted for each goods lot.

4. Permits for transportation of dangerous goods being flammables or explosives must comply with the law on fire prevention and fighting.

Article 41.Dossiers, order, procedures and time limit for grant of dangerous goods transportation permits

1. A dossier of application for a dangerous goods transportation permit must comprise:

a/ An application for a dangerous goods transportation permit, made according to Form No. 02 in Appendix V to this Decree;

b/ A certified copy (or a copy with the original for comparison) of the enterprise registration certificate of the applicant, showing that the applicant has been licensed to deal in or transport dangerous goods;

c/ A list of dangerous goods and their quantities and routes of transportation (arrival and departure stations); and a list of escorts made according to Form No. 03 in Appendix V to this Decree;

d/ A copy certified by the enterprise of the transportation contract or a written agreement on the railway transportation of dangerous goods between the dangerous goods consignor and the railway transport enterprise;

dd/ The plan for prevention of and response to incidents in the transportation of dangerous goods, bearing the signature and stamp of the applicant;

e/ The plan on cleaning the train and satisfaction of environmental protection requirements after the transportation according to current regulations on environmental protection, made according to Form No. 04 in Appendix V  to this Decree.

2. Order, procedures and time limit for the grant of dangerous goods transportation permits:

a/ The dangerous goods consignor or the dangerous goods transport enterprise (authorized by the goods transport consignor) shall compile one dossier set as prescribed in Clause 1 of this Article and send it directly or by post or in other appropriate ways to a competent agency specified in Clause 2, Article 39 of this Decree, for the grant of a dangerous goods transportation permit;

b/ Within 3 working days after receiving a valid dossier, the competent agency specified in Clause 2, Article 39 of this Decree shall grant a dangerous goods transportation permit to the applicant. In case of refusal, it shall issue a written reply, clearly stating the reason; if the dossier is invalid, within  2 working days, it shall issue a written reply guiding the applicant to complete the dossier according to the provisions of this Decree;

c/ If the information declared in the registration dossier is wrong or the dangerous goods are transported in large volumes or with high risks, the competent agency specified in Clause 2, Article 39 of this Decree shall organize an inspection of the conditions for transportation of dangerous goods according to the provisions of this Decree before granting a dangerous goods transportation permit. The time limit for the inspection and grant of a dangerous goods transportation permit in this case is 5 days, counting from the date of receipt of the dossier.

3. Validity duration of a dangerous goods transportation permit: A dangerous goods transportation permit shall be granted for each dangerous goods lot to be transported by rail, which will take effect on the date of its grant and expire when the goods are transported to the place of receipt under the transportation contract.

4. Re-grant of a dangerous goods transportation permit: A dangerous goods transportation permit shall be re-granted in case it is lost or damaged or its content is blurred and becomes unclear. A dossier of request for re-grant of a dangerous goods transportation permit must comprise:

a/ A written request for re-grant of a dangerous goods transportation permit, made according to Form No. 05 in Appendix V to this Decree;

b/ A report on transportation of dangerous goods lots already granted with transportation permits, made according to Form No. 06 in Appendix V to this Decree;

c/ The original of the damaged permit.

5. Procedures for re-grant of permits:

a/ Within 2 working days after receiving a complete dossier, the competent agency specified in Clause 2, Article 39 of this Decree shall re-grant the dangerous goods transportation permit. In case of refusal to re-grant the permit, it shall issue a written reply, clearly stating the reason; if the dossier is invalid, it shall issue a written notice guiding the requester to complete the dossier according to the provisions of this Decree;

b/ The validity duration of the re-granted dangerous goods transportation permit must be the same as that of the initial license;

c/ The dangerous goods transportation permit (re-granted) shall be made according to Form No. 07 in Appendix V to this Decree.

6. Agencies competent to grant dangerous goods transportation permits shall decide to revoked the granted dangerous goods transportation permits and clearly state the reasons therefor. The revocation of a dangerous goods transportation permit shall be effected in case the permit holder commits one of the following acts:

a/ Having been dissolved or bankrupt as prescribed by law but still transporting dangerous goods;

b/ Having committed a violation for which a competent state management agency has issued a decision to stop its dangerous goods transportation business;

c/ Leasing, lending or altering without permission the content of the dangerous goods transportation permit;

d/ Failing to comply with the provisions of the dangerous goods transportation permit;

dd/ Letting an incident(s) occur due to the permit holder’s fault in the course of transportation of dangerous goods for which a competent state management agency has issued an administrative sanctioning decision according to regulations;

dd/ Filing a written request for discontinuation of the dangerous goods transportation.

7. The agencies competent to grant dangerous goods transportation permits specified in Clause 2, Article 39 of this Decree shall publish in the mass media and on their portals the names, telephone numbers and addresses of the agencies granting dangerous goods transportation permits for public contact.

8. Dossiers, order, procedures and time limit for grant of permits for transportation of dangerous goods being flammables or explosives must comply with the law on fire prevention and fighting; the transportation of explosive materials must comply with the law on management and use of weapons, explosives and supporting tools.

Article 42.Dangerous goods-carrying wagons and dangerous goods-loading and -unloading stations

Enterprises dealing in the railway transportation of dangerous goods shall ensure types of wagons conformable with national standards and technical regulations and the law on transportation of dangerous goods and railway stations for loading and unloading dangerous goods.

Chapter VII

SUPPORT FOR RAILWAY ENTERPRISES ENGAGED IN TRANSPORTATION TO SERVE SPECIAL TASKS OR SOCIAL SECURITY

Article 43. Support beneficiaries

1. Railway transport enterprises.

2. Railway infrastructure enterprises.

Article 44.Cases eligible for support

1. Railway transport enterprises shall be entitled to support of transportation expenses in case of transportation to serve special tasks or transportation for social security.

2. Railway infrastructure enterprises shall be entitled to support of charges and prices for the use of railway infrastructure facilities directly related to train operation in order to organize the train operation to serve special transportation tasks or transportation for social security.

Article 45.Principles of support

1. To offset reasonable expenses incurred by enterprises to balance their revenues and expenditures without considering profit.

2. Reasonable expenses incurred by enterprises shall be identified and accounted fully and specifically for each train operating on each railway line or section to perform special tasks and social security tasks.

3. The support funding shall be directly paid by the State to railway transport enterprises.

4. Support funding sources: Railway transport enterprises shall be entitled to the support from the state budget for all reasonable expenses incurred by the enterprises (excluding profit) for operating each train to perform special tasks or social security tasks.

Article 46.Process and procedures for support of performance of special tasks

1. Competence to assign special tasks:

a/ The Minister of National Defense and Minister of Public Security may send written requests to the Ministry of Transport and railway transport enterprises to perform national defense or security tasks;

b/ The Minister of Transport may request railway transport enterprises to perform the tasks of preventing and fighting, and overcoming consequences of, incidents and accidents, and salvage tasks;

c/ The Minister of Health may request the Ministry of Transport and railway transport enterprises to perform the tasks of preventing and fighting and, overcoming consequences of, epidemics;

d/ Provincial-level People’s Committee chairpersons, socio-political organizations and other competent state agencies may send written requests to the Ministry of Transport and railway transport enterprises to perform other special tasks.

2. Performance of special tasks: Railway transport enterprises shall, upon receiving requests of competent state management agencies specified in Clause 1 of this Article, work out implementation plans and cost estimates (excluding profit) and send them to the Ministry of Transport for approval and to the requesting agencies.

3. Payment and finalization of expenses for support for performance of special tasks:

a/ Railway transport enterprises shall make reports on finalization of expenses for each special task and send them to the Ministry of Transport. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the competent state management agency specified in Clause 1 of this Article in, appraising such reports, and send their written opinions to the Ministry of Finance for use as a basis for finalization with the state budget;

b/ Railway transport enterprises shall exclude cases in which they have received payments from the requesting party for their performance of special tasks;

c/ A dossier for payment and finalization must comprise a written request made by a competent state agency specified in Clause 1 of this Article; the plan for organizing the performance of special tasks and cost estimate of the railway transport enterprise; and a report on finalized expenses made by the railway transport enterprise.

4. The Minister of Transport shall guide in detail the process and dossiers for payment and finalization of expenses and procedures for price-related support for the performance of special transportation tasks.

Article 47.Process and procedures for support of the performance of social security tasks

1. Procedures for approval of plans on the operation of social security trains:

a/ Before September 30 every year, a railway transport enterprise shall make a plan on operation of social security trains for the subsequent year and send it to the Ministry of Transport, the People’s Committees of the provinces and centrally run cities where the railway passes, and railway infrastructure enterprises. This plan must have the details specified in Clause 2 of this Article;

b/ On the basis of the plans of railway transport enterprises, the People’s Committees of the provinces and centrally run cities where the railway passes shall send their written opinions to the Ministry of Transport, railway infrastructure enterprises and railway transport enterprises before November 15 every year for summarization;

c/ The Ministry of Transport shall assume the prime responsibility for appraisal, approval and assignment of plans on operation of social security trains to railway transport enterprises before December 15 every year.

2. A plan on operation of social security trains must include the following details:

a/ Number of train fleets and the composition of social security trains;

b/ Annual estimates of revenues, expenses and revenue-expense differences of each type of social security train;

c/ A summarization of the revenue-expense differences according to the annual plan on operation of social security trains of the railway transport enterprise.

3. Implementation of plans on operation of social security trains:

a/ Railway transport enterprises shall organize the implementation on the basis of the plans on operation of social security trains already approved by the Ministry of Transport;

In case of a change in its plan on operation of social security trains already approved by the Ministry of Transport, a railway transport enterprise shall submit it to the Ministry of Transport for modification of the plan before implementation;

b/ Quarterly, railway transport enterprises shall make statistics and report on the results of the operation of social security trains according to their assigned plans and send them to the Ministry of Transport.

4. Payment and finalization of expenses for the performance of social security tasks:

a/ Railway transport enterprises shall make reports on the finalization of expenses for each social security task and send them to the Ministry of Transport. The Ministry of Transport shall appraise these reports and send written opinions to the Ministry of Finance for reporting to the Prime Minister before deciding to provide support for the enterprises;

b/ A dossier for payment and finalization must comprise a decision issued by the Ministry of Transport on assignment of the social security task performance plan and a report on the finalization of implementation expenses made by the railway transport enterprise.

4. The Minister of Transport shall guide in detail the process and dossiers for payment and finalization of expenses and procedures for price-related support for the performance of social security transport tasks.

Chapter VIII

ORGANIZATION OF IMPLEMENTATION

Article 48.Responsibility of the Ministry of Transport

Annually to report to the Government on the use of the budget and the results of handling of crossroads on the national railway which do not conform to the provisions of the Railway Law, and of dangerous locations for railway traffic safety on the national railway under the provisions of this Decree.

Article 49.Responsibility of the Ministry of Public Security

To direct its attached agencies and units and provincial-level public security agencies to arrange their forces to participate in interdisciplinary working teams in their respective localities in handling, narrowing, reducing and abolishing unauthorizedly opened passes under the provisions of this Decree.

Article 50.Responsibility of the Ministry of Planning and Investment

To assume the prime responsibility for, and coordinate with the Ministry of Finance and Ministry of Transport in, summarizing medium-term and annual plans on public investment using central budget funds according to regulations and submit them to the Government for the narrowing, reduction and abolition of crossroads which do not conform to the provisions of this Decree.

Article 51.Responsibilities of the Ministry of Finance

1. To arrange annual budget funds for the narrowing, reduction and abolition of unauthorizedly opened passages and crossroads which do not conform to the provisions of the Railway Law according to the roadmap prescribed in this Decree.

2. To arrange budget funds to support railway enterprises to organize transportation to serve special tasks and social security under the provisions of this Decree.

Article 52.Responsibilities of provincial-level People’s Committees

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, directing the compilation of dossiers of existing unauthorizedly opened passages on the national railway under the provisions of this Decree and ensuring traffic order and safety at road-railway intersections on the national railway.

2. To issue specific regulations on the management and abolition of unauthorizedly opened passages crossing railways as prescribed in Chapter II of this Decree.

3. The chairpersons of provincial-level People’s Committees of the localities where railways pass shall be answerable for the appearance of new unauthorizedly opened passages crossing the national railway.

4. Annually, to coordinate with the Ministry of Transport in reporting to the Government on the use of budget funds and the results of the narrowing, reduction and abolition of unauthorizedly opened passages and dangerous locations for railway traffic safety on the national railway under the provisions of this Decree.

Article 53.Responsibilities of railway infrastructure enterprises

1. To assume the prime responsibility for or coordinate in counting and listing crossroads on the national railway which do not conform to the provisions of the Railway Law; dangerous locations for railway traffic safety; and unauthorizedly opened passages crossing the national railway.

2. Annually, to report to competent state agencies on the results of the reduction and abolition of crossroads on the national railway which do not conform to the provisions of the Railway Law; dangerous locations for railway traffic safety; and unauthorizedly opened passages crossing the national railway according to regulations.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 54.Effect

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

2. To annul the Government’s Decree No. 14/2015/ND-CP of February 13, 2015, detailing and guiding the implementation of a number of articles of the Railway Law.

Article 55.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.